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Indian Child Welfare Act

About the Indian Child Welfare Act

The Indian Child Welfare Act (ICWA), enacted in 1978, was a landmark federal law created in response to decades of efforts to dismantle Native American families by systematically removing their children from their homes and communities. These removals, often unwarranted, contributed to the erosion of Native cultures, identities, and tribal sovereignty. ICWA was designed to safeguard the rights of Native children, families, and tribes by establishing procedures and protections to prioritize family and tribal connections in child welfare cases.

While ICWA has been a cornerstone of federal law for over four decades, it has faced significant challenges in achieving its intended outcomes. Native American children remain disproportionately represented in out-of-home placements, whether through foster care or adoption. A primary issue has been the inconsistent interpretation and application of ICWA across and within state lines, leading to disparities in how the law is implemented.

To address these inconsistencies, the United States government issued binding federal regulations and updated guidelines on December 12, 2016. These regulations were designed to bring clarity, accountability, and uniformity to ICWA’s application, ensuring the “spirit of the law” is upheld alongside its letter. This renewed effort seeks to center ICWA’s purpose: protecting the best interests of Native children while preserving the cultural integrity and sovereignty of their tribes.

In North Dakota, the implementation of ICWA has been further strengthened through a unique partnership between the state and the University of North Dakota. Supported by a grant from the Administration for Children and Families, Children's Bureau, the North Dakota ICWA Family Preservation Partnership Grant has established targeted objectives, goals, and strategies to enhance the accurate implementation of ICWA. This initiative strives to reduce the number of out-of-home placements for Native children and strengthen Native families and communities.

This website serves as a comprehensive resource for understanding ICWA, from its full legislative text to actionable guidance for upholding both the letter and spirit of the law. Our goal is to provide tools, insights, and inspiration for child welfare professionals, tribal leaders, policymakers, and advocates working to create a future where every Native child thrives within their family, community, and culture.

ICWA Resources

Bureau of Indian Affairs: ICWA Frequently Asked Questions 

National Indian Child Welfare Association: Frequently Asked Questions

National Indian Child Welfare Association: Top Ten ICWA Myths

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