INDIAN CHILD WELFARE ACT (ICWA) The ICWA is a federal law which was enacted in 1978 whose purpose is to protect the best interests of Indian children and to promote the stability and security of Indian tribes and families by the establishment of minimum federal standards for the removal of Indian children from their families. The ICWA only covers particular kinds of child custody proceedings, which include foster care placements, termination of parental rights, preadoptive placements and adoptive placements. The ICWA does not apply to custody disputes between the natural parents and juvenile delinquency proceedings. When dealing with any child protection matter or adoption it is imperative for the attorney to know if the child involved is a Native American child as defined by the ICWA as the ICWA mandates certain procedural requirements that must be followed.
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