The Indian Child Welfare Act (ICWA): Where we’ve been, where we’re headed, and where we need to go

Abstract

ABSTRACT This article aims to help child welfare professionals understand connections between the Indian Child Welfare Act (ICWA), Tribal sovereignty, and Native American well-being, and prepare to uphold ICWA in the face of the impending U.S. Supreme Court case. ICWA provisions, intentions, implementation, and impact are described, followed by summaries of prior legal challenges, judicial erosion, and the Haaland v. Brackeen case. The article explores implications if ICWA is overturned, including ramifications of non-preferred foster care and adoption placements and self-determination, health, and socioeconomic repercussions. Advocacy strategies for upholding ICWA are presented to help protect Native children, families, and Tribal Nations.