Indian Child Welfare Act
1978 U.S. federal law regulating tribal jurisdiction over court cases involving children / From Wikipedia, the free encyclopedia
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The Indian Child Welfare Act of 1978 (ICWA, enacted November 8, 1978 and codified at 25 U.S.C. §§ 1901–1963[1]) is a United States federal law that governs jurisdiction over the removal of American Indian children from their families in custody, foster care and adoption cases.
Quick Facts Long title, Acronyms (colloquial) ...
Long title | An Act to establish standards for the placement of Indian children in foster or adoptive homes, to prevent the break-up of Indian families, and for other purposes. |
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Acronyms (colloquial) | ICWA |
Enacted by | the 95th United States Congress |
Effective | November 8, 1978; 45 years ago (1978-11-08) |
Citations | |
Public law | 95-608 |
Statutes at Large | 92 Stat. 3069 |
Codification | |
Titles amended | |
U.S.C. sections created | 25 U.S.C. ch. 21 § 1901 et seq. |
U.S.C. sections amended | 43 U.S.C. ch. 33 §§ 1602, 1606 |
Legislative history | |
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United States Supreme Court cases | |
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It gives tribal governments exclusive jurisdiction over children who reside on, or are domiciled on a reservation. It gives concurrent, but presumptive jurisdiction over foster care placement proceedings for Native American children who do not live on the reservation.