ICWA Flashcards
Who does it apply to?
Indian children
Indian Children (def)
member of tribe, or eligible for enrollment. Tribe decides.
Triggered when:
Any participant has reason to believe the child might be Indian.
Types of proceedings
Foster care, termination of parental rights, pre-adoptive placements, adoptive placement.
Does not apply:
to voluntary placement or transfer of custody from one parent to another.
State must dismiss when:
Residence/domicile is on rez or ward of tribal court. Except in emergency proceedings.
Placement preferences:
order that tribe has established OR 1. member of extended fam 2. other members of tribe. 3. other Indian families. Consider parent/child wishes.
Foster care placement
takes into account special needs and reasonable proximity to family.
Foster placement cont
mirrors other placement but also could be institution approved by tribe.