Indian Child Welfare Act: ideas for implementation.

Abstract

The Indian Child Welfare Act of 1978 was passed to curb the excessive rate of placement of Indian children in non-Indian foster and adoptive homes. Congress concluded that these placements were abusive because of their contribution to the identity confusion of the Indian children who had been placed as well as the disruption of tribal culture. This article includes recommendations about implementation of the Indian Child Welfare Act which are based on a survey of individuals involved in Indian child welfare as well as experiences of the author since completion of the survey in November of 1980. In general, the recommendations are: (1) Tribal and state agencies should make special efforts to coordinate services so that the unique difficulties faced by Indian families will be addressed; (2) Urban social service agencies should assign all Indian child welfare cases to one worker or a group of workers and cooperate with urban Indian associations in the transfer of Indian child welfare cases; (3) Social workers handling cases should be involved in all aspects of transfer and not leave the management strictly to attorneys; (4) Where the act is unclear, particularly in off-reservation emergency placements, the state agency must make the policy clear so that all workers understand how Indian children will be protected in emergencies; (5) In individual cases, as well as when negotiating agreements both tribal and state agencies should avoid compromising the rights of the parties involved or the principles of the act.