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1 (October 12, 2007)

handle is hein.crs/crsuntaaeyy0001 and id is 1 raw text is: Order Code RS22554 Updated October 12, 2007 .. CRS Report for Congress Child Custody Proceedings Under the Indian Child Welfare Act: An Overview Yule Kim Law Clerk American Law Division Summary In 1978, Congress enacted the Indian Child Welfare Act (ICWA) in response to legislative findings of harm caused to Indian children, their families, and tribes by the high separation rate of Indian children from their homes and cultural environments. Congress addressed this situation by granting Indian tribes and Indian parents an enhanced role in determining when to remove Indian children from their homes and cultural environments. Specifically, ICWA enumerates provisions for tribal jurisdiction and tribal intervention in state court proceedings concerning the custody, adoption, foster care placement, and termination of parental rights of Indian children. No bills amending ICWA have been introduced in the 110th Congress. Still, the debate over provisions of ICWA remains an issue of concern. This report, which provides an overview of some of the goals and provisions of ICWA, was originally prepared on December 14, 2006, by Kamilah M. Holder, who was then a legislative attorney in the American Law Division. It will be updated as warranted. Background. Congress enacted the Indian Child Welfare Act (ICWA)1 in 1978 to address the high rate of separation of Indian children from their homes and cultural environments.2 Prior to 1978, as many as 25 to 35 percent of the Indian children in some states were removed from their homes and placed in non-Indian homes.3 This practice of removal fragmented families and threatened the continued survival of Native American tribes. Respect for the self-determination of tribes required, in the view of Congress, that 1 P.L. 95-608, 92 Stat. 3069 (1978); codified at 25 U.S.C. §§ 1901 -1963. 2 25 U.S.C. § 1901(4). This embodies a congressional finding that an alarmingly high number of Indian children were being removed from their homes by nontribal public and private agencies and often placed in non-Indian institutions or homes. 3 H.Rept. 95-1386, 95th Cong., 2d Sess. 9 (1978). Congressional earch Service h Libr of Congress Prepared for Members and Committees of Congress

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