Indian child welfaRe act (ICWA)

The Indian Child Welfare Act (ICWA) was enacted in 1978 in response to a crisis affecting American Indian and Alaska Native children, families, and tribes. Studies revealed that large numbers of Native children were being separated from their parents, extended families, and communities by state child welfare and private adoption agencies. In fact, research found that 25%–35% of all Native children were being removed; of these, 85% were placed outside of their families and communities—even when fit and willing relatives were available.

Congressional testimony documented the devastating impact this was having upon Native children, families, and tribes. The intent of Congress under ICWA was to “protect the best interests of Indian children and to promote the stability and security of Indian tribes and families” (25 U.S.C. § 1902).

According to the Minnesota Department of Human Services 2018 Out-of-home Care and Permanency Report, American Indian children in Minnesota are 18.2 times more likely than White children to experience out-of-home placement. 

Nationally, American Indian children are overrepresented at a rate of 2.66 times greater than their proportion in the general population  (NICWA, 2021).

American Indian Family and Children's Services supports and upholds ICWA by licensing American Indian foster homes. In order to be considered an "Indian home" under ICWA, at least one applicant would need to be a member of a federally recognized Tribal Nation. Tribal Nations have their own governments, and each Tribe has unique rules and guidelines for membership enrollment, or citizenship. These rules and guidelines may change, so it's important to contact the Tribal Nation your family is from to see if membership enrollment has changed. You can do this by contacting the Tribal offices and ask to speak to someone who works in enrollment.