(Revision. 5/15/03)
P. L. 95-608 Indian Child Welfare Act of 1978
Congress enacted the Indian Child Welfare Act (ICWA) in 1978 after finding that state and private child welfare agencies were removing Indian children from their homes at rates that were as much as eight times that for other children. Congress determined that agencies often removed Indian children because they lacked understanding of, and/or respect for, native cultural differences. Congress further found that once Indian children were removed from their homes, the child welfare agencies and the judicial system systematically refused to include the child’s Tribe and extended family in the child welfare decision-making process. As a result, the ICWA imposes federal rules on state child welfare practices, and acknowledges the vital role that the child’s cultural heritage and Tribal community must play in child welfare decision-making for Indian children.
The purpose and intent of the ICWA is to protect the best interests of Indian children, by preserving Indian families and preventing, whenever possible, the removal of Indian children from their families. The Act concludes that the best interests of Indian children are realized by promoting the stability and security of Indian families and Tribes, and recognizes that this cannot be accomplished without fully including the child’s Indian Tribe in all decision-making regarding the future welfare of Tribal children.
The Act further requires that in those instances where separation of an Indian child from her family is necessary, the child must be placed in a home that reflects the unique values of the Indian child's culture. To accomplish this goal, the Act establishes placement preferences to which this Agency will adhere.
Whenever an Indian child is the subject of intervention by this agency, it is the policy of this division to notify the child’s Tribe of the division’s intended actions, and to include the child’s Tribe in decision-making regarding the placement of the child and the establishment of a Reunification plan for the family. The division will not oppose a federally-recognized Indian Tribe’s request/notice to intervene in a child custody proceeding involving an Indian child who is a member of, or is eligible for membership in, that Tribe. It will be the policy of this division to make every effort to include the child’s Tribe in planning for the child and the family, and to accommodate, wherever possible, a Tribe’s request to participate telephonically in court proceedings and case planning meetings.
The Department of Family and Community Services intends to comply with the full intent of the ICWA in every case involving an Alaska Native or American Indian child. The division will take the following actions to accomplish this goal:
Develop legal and cultural training regarding proper implementation of the ICWA, which will be provided for every staff member and supervisor.
Arrange for appropriate interpreters as needed, to ensure all contacts and proceedings are fully understood by the Alaska Native and/or American Indian parents and Indian custodians.
Make every effort to consult and communicate with the Alaska Native and/or American Indian child's Tribe/Tribal designee, parent or Indian Custodian on a regular basis and encourage the involvement of the child’s Tribe. This effort includes phone calls and personal contact by a OCS employee, as well as telephone, written or facsimile notification of all OCS reviews and written notification of all court proceedings, in compliance with the ICWA and state law.
Document all efforts to comply with ICWA by the division worker.
Collaborate with Tribes to review and maintain the ICWA State-Tribal Agreement to provide state and Tribal representatives with a set of written procedures for implementation of ICWA to ensure that the tenets of the ICWA are respected and followed.
Maintain a current directory of all Alaska Tribes and provide it to all workers and offices.
Review ICWA issues for compliance at every case planning conference, including:
compliance with the Active Efforts requirements of the ICWA prior to removal of an Alaska Native/American Indian child from their home;
compliance with placement preferences;
the active efforts requirements of the ICWA after removing an Alaska Native/American child from their home;
assistance with access to provision of appropriate remedial services for the Alaska Native or American Indian family at issue;
permanency planning progress;
provision of notices as required by the ICWA, state law and judicial procedure, state-Tribal agreements, and internal policies and regulations of the division.
consultation/communication with the Tribe/Tribal designee;
when possible, reliance upon an expert from the child’s Tribal community who has extensive knowledge of the Tribe’s cultural standards regarding parenting practices, or someone who the community recognizes as familiar with Tribes parenting practices, in judicial proceedings.
documentation of all of the above efforts.
Identify at least one ICWA expert/specialist per region who will be available to provide consultation and assistance to other OCS staff. The role of the Regional ICWA Specialist may include but is not limited to:
Facilitating and/or participating in Alaska Native or American Indian child/ren Case Conferences, which will occur no later than 90 days into custody and placement, 6 months, and 9 months (see sections 3.1.1 Permanency Goals and Permanency Planning);
Working positively with Tribes located within the State of Alaska, and with Tribes located outside Alaska on a case by case basis only;
Providing:
Ongoing ICWA training to regional and field OCS staff;
Consultation and assistance with training to staff regarding ICWA compliance,
Training in the cultural concepts of family and Tribal identity that form the basis of the Act.
Out-of-preference placement meetings: see section 3.4.2 Searching for Relatives, Identifying and Processing Requests for Placement.
Acting as contact person for workers from other regions or out-of-state who are trying to establish contact with a village to conduct a relative search. This includes identifying the contact person for them and in many cases assisting with the contact of referring the caller to the closest OCS field office to assist with a personal contact.
Developing and maintaining contacts with Villages within their identified region. This may be done with or in conjunction with field office staff.
Assuring statewide consistency in ICWA practice and in the role of ICWA specialists by participating as a OCS ICWA Team member in statewide teleconferences with the Statewide ICWA Program Coordinator and by attending all statewide Tribal/State Collaboration Group meetings.
Collecting and submitting regional ICWA compliance data to the Statewide ICWA Program Coordinator in order to develop an ICWA Compliance database from which to evaluate local, regional, and statewide ICWA compliance and other ICWA related issues.