PSA'S

Legal Issues/ICWA

What is the Indian Child Welfare Act (ICWA?) ICWA is a federal law that regulates placement proceedings involving Natice American children. If your child is a member, or is eligible to be a member of a tribe, your family has the right to protection under the Indian Child Welfare Act. This act was passed “….to protect the best interests of Indian children and promote the stability and security of Native families and tribes.”

Why is the law only for Native children?

History provides the answer: Indian tribes are sovereign nations. The United States government has a unique political relationship with Native nations through treaties that is does not have with any other people in the country.

Can I choose the family who will adopt my child?

The Indian Child Welfare Act lists placement preferences for Native children as follow:

•  A member of the child’s extended family
• Other member of the child’s tribe
• Other Native families

In a voluntary placement, the preference of the Native parent shall be considered

If my child is adopted, can he or she still be enrolled in the tribe?

It is preferable that your child become enrolled in the tribe. Enrollment would allow your child to maintain his or her identity as a member of the tribe.

If I have made an adoption plan, what will happen after my baby is born?

If you have an adoption plan a hearing will be scheduled in state court or tribal court. At the hearing, you will appear before a judge to verify that you understand your rights and responsibilities as a parent and that you understand the legal decision you are making to terminate your parental rights over your child. ICWA states that you must wait at least 10 days after the birth of your child before you may give consent to terminate your parental rights in a court of law.

Does my tribe need to be notified about my decision to make a plan for adoption?

Yes. Your tribe will be notified of your intentions through your written affidavit. ICWA supports the Native tribe’s authority over its members and the well being of their children and families. Your tribe may or may not intervene in your plan, but it is important to keep them informed.

Can I change my mind about making an adoption plan after my baby is born?

Yes. You can change your mind about your adoption plan until an order of terminating your parental rights has been entered.

If you are concerned about someone discovering your whereabouts (domestic violence, victim of rap, etc.), you can request anonymity, but you must still adhere to the placement preferences.

United Way of the Black Hills