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1 (December 14, 2006)

handle is hein.crs/crsuntaaiqi0001 and id is 1 raw text is: Order Code RS22554 December 14, 2006 .. CRS Report for Congress Child Custody Proceedings Under The Indian Child Welfare Act: An Overview Kamilah M. Holder Legislative Attorney 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, the 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 the ICWA were introduced in the 109th Congress. Still, the debate over provisions of the ICWA remains an issue of concern. This CRS report provides an overview of some of the goals and provisions of the Indian Child Welfare Act. This report 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 tribes be given a greater say in decisions affecting Indian children.4 In evaluating the perceived biases of state agencies, the House report accompanying the legislation cited 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). 4 Id. Congressional earch Service h Libr of Congress Prepared for Members and Committees of Congress

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