The Indian Child Welfare Act (ICWA) is a federal law passed in 1978 to protect the best interests of Native American children and to promote the stability and security of tribal families and communities. ICWA was created in response to a long history of Native children being removed from their homes and placed in non-Native foster or adoptive homes, often without the involvement of their tribes or consideration of their cultural identity.

ICWA sets clear requirements for state child welfare agencies and courts when handling cases involving Native children. It ensures that tribes are notified, involved, and given jurisdiction where applicable. It also establishes placement preferences that prioritize keeping Native children connected to their family, tribe, and culture.

At its heart, ICWA is about safeguarding the rights of Native children, preserving tribal sovereignty, and honoring the importance of culture, identity, and kinship.

Learn More about ICWA

Here are trusted resources to help you deepen your understanding of the Indian Child Welfare Act, its implementation, and its impact on Native children, families, and tribal nations:

Full Text of the Indian Child Welfare Act (U.S. Code)
The complete statute as published in Title 25, Chapter 21 of the United States Code.

National Indian Child Welfare Association (NICWA)
The leading organization supporting the implementation of ICWA through training, technical assistance, and policy advocacy.

Bureau of Indian Affairs (BIA) ICWA Guidelines (2016)
Official BIA guidelines that clarify how courts and agencies should apply ICWA in practice.

Tribal Court Clearinghouse – ICWA Resource Guide
Comprehensive list of ICWA-related laws, regulations, training materials, and tribal resources.

Protect ICWA Campaign (by NICWA, NARF, and others)
A public awareness and legal defense effort to support and uphold the constitutionality of ICWA.