| Established
in 1978, the Indian Child Welfare Act (ICWA) was created to stem the
disproportionate number of Indian Children placed and adopted out of
their Indian Communities without input from their tribe with resulting
emotional injury and cultural loss to the child and damage to the
integrity of tribal survival.
The ICWA, as official United States federal law, sets
forth tow purposes:
- To promote the best interest of Indian children.
- Establish stability and security of Indian tribes
and families.
The policy embodied in the act is that it is in the
best interest of an American Indian child that the role of tribal
community in the child's life be protected.
Minimum Standards
ICWA imposes minimum federal standards for state child custody court
proceedings, which include voluntary and involuntary foster care
placements, termination of parental rights, and pre-adoptive placements
involving Indian children. Key elements of these standards
include:
- An Indian child, for purposes of the ICWA, means any unmarried
person who is under age of eighteen and is either (a) a member of a
federally recognized Indian tribe or (b) is eligible for membership
in a federally recognized Indian tribe and is the biological child
of a member of a federally recognized Indian tribe.
- The Indian Child's parent(s), Indian custodian and
the child's tribe must be properly notified of pending custody
proceedings. Child custody proceedings cannot proceed to
hearing until at least ten court days after receipt of the notice by
the parent(s), Indian custodian, and the tribe.
For further information regarding the Minimum Standards and
frequently asked questions, please contact Loleta Garfield. Loleta is
the Director for the Tule River Tribe ICWA department. She
ensures that policy and procedure on the tribe's behalf are met on every
level concerning the tribe's youth. The Tule River Tribe is also a
member of the Central Valley ICWA Task Force. This task force is
comprised of entities in and around the central valley. Members
of the Central Valley ICWA Task Force are as follows: Big
Sandy Rancheria Band of Western Mono Central Valley Indian Health,
Inc. Cold Springs Rancheria Kern Indian Education Program North
Fork Rancheria Picayune Rancheria of the Chukchansi Indians Santa
Rosa Rancheria Tachi/Yokut Tribe Table Mountain Rancheria Tule River
Reservation
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