The purpose of the Indian Child Welfare Act (ICWA) is "...to protect the best interest 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 and placement of such children in homes which will reflect the unique values of Indian culture... "(25 U.S. C. 1902). ICWA provides guidance to States regarding the handling of child abuse and neglect and adoption cases involving Native children and sets minimum standards for the handling of these cases.
ICWA Duties
Our ICWA employee participates in all child welfare cases in state court that include Louden’s minor tribal members. Louden is also able to open their own child welfare case within the tribe, where the state wouldn’t be involved. Louden has the option to file for jurisdiction of an open state case as well.
In state court, it is the ICWA workers duty to monitor an open case, ensure the situation is culturally appropriate, OCS is working to place the child with a relative, the child and parent needs are being met, and to provide support to the tribal members and state throughout the case, helping in any way we can so that the child is protected.
Within an open tribal court case the ICWA worker would case manage, find placement for the child(ren) involved, create a case plan for the parents, assess the child’s needs and make sure they’re being addressed, coordinate and host tribal court, find tribal judges for each hearing, complete monthly check ins, and write up and complete all court orders and hearing notices. Louden also sends out monthly foster care payments to the family who is caring for their minor tribal member.
Tribal ICWA workers main goal is reunification of the parents and child(ren). If that is not an option, then it is finding a relative home that will eventually lead to adoption.
The parent’s in the ICWA cases usually are involved in domestic violence and substance abuse. It is OCS and the Tribes duty to make sure the parent gets involved in some sort of rehabilitation or therapy to overcome their struggles and regain custody of their children. We also help the parent to become financially stable by assisting them to find work or applying for financial assistance. Depending on the situation, all the parent’s requirements would be in their case plan. The children will need to be most likely put into therapy as well if they’ve witnessed or experienced domestic violence, sexual abuse, physical or mental abuse, substance abuse, neglect, or abandonment. ICWA workers are required to attend and complete trainings that may relate to this field, such as domestic violence, child abuse, sexual assault, ICWA history, maltreatment, adoption, cultural relativism, etc.