The Indian Child Welfare Act: A Family’s Guide

This guide provides tips for self-advocacy and examples of guiding questions for families to use when navigating cases involving the Indian Child Welfare Act (ICWA). 

ICWA applies to: 

1. Indian children who are members of a federally recognized tribe or eligible for enrollment in a federally recognized tribe,
2. Who are involved in state foster care, guardianship, termination of parental rights, or adoptive proceedings, or involved in juvenile offenses that would not be considered a criminal violation if committed by an adult (e.g., truancy, incorrigibility). 

ICWA does not apply to: 

• Custody disputes between parents (e.g., divorce/separation proceedings or cases determining which parent has custody of a child).
• Juvenile delinquency proceedings (e.g., proceedings involving a criminal violation by a juvenile that would also be a violation if the juvenile were an adult).
• Voluntary placements.
• Non-federally recognized Tribes.
• Cases in Tribal court.