Indian Child Welfare Act Case Study

The primary objectives of the Indian Child Welfare Act were to protect American Indian children and prevent as well as end unwarranted removal of the children from their homes. The passage of the ICWA restored control and allowed the respective tribe to make decisions about child placement. Indian tribal courts also retained the right to intervene in court proceedings. Whereas Child Protective Services (CPS), Department of Children and Family Services (DCFS) and state would take precedence for the placement of children, the tribes instead were responsible for Indian children in the welfare system. Accordingly, the Act addressed issues concerning the reasons for the removal of children and sought to protect the rights of Indian parents. The ICWA provided funds for services such as legal counseling to ensure parents had proper notification and knowledge regarding custody proceedings and their cases (ICWA, 1978). The Act has …show more content…
). It has additionally impacted foster families, specifically those non-Indian, though the ICWA identifies the target population as Indian children, parents and custodians, and Indian tribes. The recent case of Lexi, the young girl who is one sixty-fourth or 1.5% American Indian, has been the focus for the controversial issues of the ICWA (Alter, 2016). Recently, a judge ruled that Lexi should be placed with distant relatives (her biological sisters) in Utah. The foster parents were affected because Lexi was taken away from them and they argued it was against her best interests; moreover, opponents argued it is not impossible to track her ancestry that far. However, the ones most severely impacted have been the vulnerable Indian American children who were removed from their homes or foster families who they have been staying