Indian Child Welfare Act (ICWA)

The Indian Child Welfare Act (ICWA) controls jurisdiction over adoption and custody of Indian children. The Act's purpose is to preserve the integrity of tribes and the tribal heritage of Indian children by preventing, in most cases, the removal of Indian children (or children eligible for tribal membership) to non-Indian families. Under ICWA, state courts lack jurisdiction over Indian children who are domiciled or reside within their tribe's reservation in adoption, foster care placement, termination of parental rights, and certain delinquency proceedings. ICWA does not cover custody proceedings associated with the divorce of an Indian child's parents, however.

National Indian Child Welfare Association

Arizona Department of Economic Security ICWA Page

ICWA Flowchart [PDF]

ICWA California Bench Guide
An overview of the procedures for handling Indian child custody cases subject to the requirements of ICWA - this site is currently under construction and not available.

Related Article:

The Indian Child Welfare Act: The Need for a Separate Law
Fall 1995 ABA Magazine article.

Related Case Law:

Mississippi Band of Choctaw Indians v. Holyfield, 490 U.S. 30 (1989)
A judicial determination of "domicile."

Michael J., Jr. v. Michael J., Sr., et al., 7 P.3d 960 (Ariz. Ct. App. 2000)
Arizona Court of Appeals refused to adopt the "Existing Indian Family" exception.

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