Indian child welfare laws

Indian child welfare laws (also known as ICWA laws are laws in the United States that governs jurisdiction over the removal of American Indian children from their families in custody, foster care, and adoption cases. The Indian Child Welfare Act has been enacted at the federal level. State-level ICWAs exist in 14 states.[1]

Federal law

State laws

In addition to the federal Indian Child Welfare Act, state-level ICWAs have been enacted in 14 states: California, Colorado, Iowa, Maine, Michigan, Minnesota, Montana, Nebraska, New Mexico, North Dakota, Oklahoma, Oregon, and Washington.

California

The California Indian Child Welfare Act (Cal-ICWA) State Plan was enacted in 2006.[2]

Colorado

The Colorado Indian Child Welfare Act was enacted by the Colorado General Assembly in 2023.[3]

Iowa

The Iowa Indian Child Welfare Act was enacted in 2003.[4]

Maine

The Maine Indian Child Welfare Act was approved by the Governor of Maine on June 30, 2025.[5]

Michigan

The Michigan Indian Family Preservation Act was enacted in 2013.[6]

Minnesota

The Minnesota Indian Family Preservation Act (MIFPA) was enacted in 1985 and updated in 2023.[7]

Montana

The Montana Indian Child Welfare Act was enacted in 2023.[8]

Nebraska

The Nebraska Indian Child Welfare Act was enacted in 1985 and updated in 2015.[9]

New Mexico

The New Mexico Indian Family Protection Act was enacted in 2022.[10]

North Dakota

North Dakota's Indian child welfare law was enacted in 2023.[11]

Oklahoma

The Oklahoma Indian Child Welfare Act was enacted in 1982.[12]

Oregon

The Oregon Indian Child Welfare Act was enacted in 2021.[13]

Washington state

The Washington Child Welfare Act was enacted in 2011.[14]

See also

References

  1. ^ "Native American Children and Child Welfare Laws". National Conference of State Legislatures. Retrieved 2025-05-09.
  2. ^ "California Indian Child Welfare Act (Cal-ICWA) State Plan". California Department of Social Services. Retrieved 2025-05-09.
  3. ^ "Colorado Indian Child Welfare Act". Colorado General Assembly. Retrieved 2025-05-09.
  4. ^ "Indian Child Welfare Act" (PDF). Iowa Legislature. Retrieved 2025-05-09.
  5. ^ "An Act to Enact the Maine Indian Child Welfare Act". Maine Legislature. Retrieved 2025-05-09.
  6. ^ "Indian Child Welfare Act – Michigan Indian Family Preservation Act". courts.michigan.gov. Retrieved 2025-05-09.
  7. ^ "Indian child Welfare: Policies and procedures". Minnesota Department of Human Services. Retrieved 2025-05-09.
  8. ^ "Part 13. Montana Indian Child Welfare Act". Montana Legislature Archive. Retrieved 2025-05-09.
  9. ^ "Nebraska Revised Statute 43-1503". Nebraska Legislature. Retrieved 2025-05-09.
  10. ^ "Indian Family Protection Act" (PDF). New Mexico Legislature. Retrieved 2025-05-09.
  11. ^ "HB 1536". North Dakota Legislature. Retrieved 2025-05-09.
  12. ^ "Chapter 1B. Indian Child Welfare Act". National Indian Law Library. Retrieved 2025-05-09.
  13. ^ "Oregon Indian Child Welfare". Oregon Legislative Assembly. Retrieved 2025-05-09.
  14. ^ "Indian Child Welfare Act". Washington State Legislature. Retrieved 2025-05-09.