Indian Child Welfare

Term Paper # 100391

Child, Youth Issues
Law
Native-American Studies

An analysis of the problems associated with the 1978 Indian Child Welfare Act (ICWA) and possible solutions to the problems.

1,534 words () | 7 sources | MLA | 2007 United States

Paper Summary:

This paper analyzes Indian child welfare in Oregon in the United States. It particularly discusses the 1978 Indian Child Welfare Act (ICWA), which regulates placement proceedings involving Native-American children. It looks at the benefits of the law, as well as the problems associated with it, such as the lack of proper enforcement. The paper then discusses how these problems can be remedied.

From the Paper:

"In conclusion, the Indian Child Welfare Act was passed into law in 1978 because the federal government recognized that it was necessary to reestablish tribal authority in Oregon and other states in cases involving the adoption or removal of Native American children from their homes. The ICWA was considered necessary because a very high percentage of Indian families had been broken up by non-tribal agencies because state officials did not understand or accept Indian culture."
"In order to remedy this, the ICWA established minimum standards for the removal of Native American children from their homes and assured tribal participation in court proceedings. But in Oregon and many other states, establishing clearer guidelines is necessary so caseworkers can formulate plans that conform to federal ICWA standards and thus ensure that the intent of the federal Act is fulfilled, and the rights of Native American children and their families are protected."

Sample of Sources Used:

Cross-Cultural Skills in Indian Child Welfare: A Guide for the Non-Indian. (2006). Portland, Oregon: NICWA.
"Indian Child Welfare Act Update." PTLA. Online. Available: http://www.ptla. org/wabanaki/icwa.htm. 15 November 2006.
"Indian Child Welfare Act." (April 2005). GAO. Government Accountability Office. Washington D.C.
"Indian Child Welfare Act (ICWA). (2006). AHP. Online. Available: http://www. uoregon.edu/~adoption/topics/ICWA.html. 16 November 2006.
"Protecting Our Children, Preserving Our Culture." (2006). NICWA. National Indian Child Welfare Association. Online. Available: http://www.nicwa.org/. 14 November 2006.