May 1, 2005
Table of Contents
Tribal Placement History . 3
Explanation of the Indian Child Welfare Act 4
Explanation of the Adoption and Safe Families Act .. 5
Adoption Statistic 's Figure . 6
Indian Child Welfare Can the Federal government, State government, and sovereign nations effectively mesh their practices and policies to adequately meet the safety and placement needs of American Indian Children? The Indian Child Welfare Act (ICWA) was made a federal law in 1978 after many years of political struggles between Native American Indian tribal leaders, state agencies, various church groups and court systems.
"By passing the law Congress hoped to prevent the continuing abuses of power by state agencies, the courts, and various church groups in the disruption of Indian families by enacting procedures for the removal and foster placement of Indian children and defining the roles and responsibilities of authority." (Matheson, 1996, p.233).
The Indian Child Welfare Act brought with it the hope that the law would protect Indian communities, tribes, and families against further disintegration of their traditional systems. Native American Indians have experienced massive losses of lives, land, and culture from Caucasian contact and colonization resulting in a long legacy of chronic trauma and unresolved grief across generations. Congress has vacillated between two conflicting themes: self-government for tribes and assimilation of the reservations into the existing framework of state and local government. Removal of children from Native American family and culture for assimilation into the dominant mainstream society- children were placed in
References: DeBenedictis, D.J. (1990).Custody Controversey:Tribe Can 't Intervene in Indian 's Mothers Adoption Decision. ABA Journal, 76(5), 22-23. Retrieved March 19, 2005, from EBSCOhost database. George, L.J. (1997). Why the Need for the Indian Child Welfare Act? Journal of Kershaw, S. (2005, April 10). Breakdown. The Bulletin, pp. F1, F8. Lacayo, R. (1988). The Battle for Baby K; Native Americans Resist Adoption of Their Children by Non- Indians March 20, 2005, from Opposing Viewpoints Resource Center database. Mannes, M. (1993). Seeking the Balance Between Child Protection and Family Preservation in Indian Child Welfare Retrieved March 11, 2005, from EBSCOhost database. Matheson, L. (1996). The Politics of the Indian Child Welfare Act. Social Work, 41(2), 232-235 NICWA: History and Who We Are, 2005. http://www.nicwa.org Public Law 105-89 105th Congress, 1997