Contemporary Policy Challenges for Indian Child Welfare

Abstract

ABSTRACT The federal policy context of the 1978 Indian Child Welfare Act (ICWA) has changed over thtitle last 25 years. We examine ways in which four recent federal policies may challenge or alter ICWA outcomes. Our discussion of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 highlights the reemerging risk of poverty for more American Indian families. This may increase the removal rate of Indian children due to perceived child neglect. The Adoption Assistance and Child Welfare Act of 1980 and the Adoptions and Safe Families Act of 1997 present challenges to ICWA by ignoring both the rationale and protections of ICWA. In contrast, the Multiethnic Placement Act of 1994 explicitly exempts Indian children in recognition of ICWA goals and rationale. Yet noncompliance with this exemption may undermine the intent of ICWA.