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Indian Child Welfare (ICWA)

//Indian Child Welfare (ICWA)
Indian Child Welfare (ICWA)2019-02-13T18:22:29+00:00

CALENDAR

Nov
1
Fri
8:00 am Youth Council Fundraiser 2019! @ PRCI Youth Council
Youth Council Fundraiser 2019! @ PRCI Youth Council
Nov 1 @ 8:00 am – Nov 21 @ 5:00 pm
Youth Council Fundraiser 2019! @ PRCI Youth Council
Click the link below for more information. Youth council fundraiser 2019
Nov
19
Tue
6:00 pm Alcohol & Other Drug Prevention ... @ Picayune Rancheria of the Chukchansi Indians - ClubHouse
Alcohol & Other Drug Prevention ... @ Picayune Rancheria of the Chukchansi Indians - ClubHouse
Nov 19 @ 6:00 pm – 7:00 pm
For additional Information please contact us at 559-445-2691
Nov
26
Tue
6:00 pm Alcohol & Other Drug Prevention ... @ Picayune Rancheria of the Chukchansi Indians - ClubHouse
Alcohol & Other Drug Prevention ... @ Picayune Rancheria of the Chukchansi Indians - ClubHouse
Nov 26 @ 6:00 pm – 7:00 pm
For additional Information please contact us at 559-445-2691
6:00 pm Talking Circles @ Butler Building
Talking Circles @ Butler Building
Nov 26 @ 6:00 pm – 9:00 pm
Talking Circles @ Butler Building
Dec
3
Tue
6:00 pm Alcohol & Other Drug Prevention ... @ Picayune Rancheria of the Chukchansi Indians - ClubHouse
Alcohol & Other Drug Prevention ... @ Picayune Rancheria of the Chukchansi Indians - ClubHouse
Dec 3 @ 6:00 pm – 7:00 pm
For additional Information please contact us at 559-445-2691
6:00 pm Talking Circles @ Butler Building
Talking Circles @ Butler Building
Dec 3 @ 6:00 pm – 9:00 pm
Talking Circles @ Butler Building
Dec
9
Mon
6:49 pm Intertribal Agriculture Council ... @ Hard Rock Hotel & Casino, Las Vegas, Nevada
Intertribal Agriculture Council ... @ Hard Rock Hotel & Casino, Las Vegas, Nevada
Dec 9 @ 6:49 pm – Dec 12 @ 7:49 pm
Intertribal Agriculture Council Annual Conference @ Hard Rock Hotel & Casino, Las Vegas, Nevada
The Intertribal Agriculture Council Annual Conference is the largest gathering of American Indian agriculture producers, Tribal natural resource professionals and USDA service providers. Set in sunny Las Vegas, the 2019 IAC Annual Meeting is a three-day event focusing on Native agriculture production, sustainability and conservation. Attendees include Native pre-college and college students, educators, and professionals[...]
Dec
10
Tue
6:00 pm Alcohol & Other Drug Prevention ... @ Picayune Rancheria of the Chukchansi Indians - ClubHouse
Alcohol & Other Drug Prevention ... @ Picayune Rancheria of the Chukchansi Indians - ClubHouse
Dec 10 @ 6:00 pm – 7:00 pm
For additional Information please contact us at 559-445-2691
Dec
17
Tue
6:00 pm Alcohol & Other Drug Prevention ... @ Picayune Rancheria of the Chukchansi Indians - ClubHouse
Alcohol & Other Drug Prevention ... @ Picayune Rancheria of the Chukchansi Indians - ClubHouse
Dec 17 @ 6:00 pm – 7:00 pm
For additional Information please contact us at 559-445-2691
Dec
24
Tue
6:00 pm Alcohol & Other Drug Prevention ... @ Picayune Rancheria of the Chukchansi Indians - ClubHouse
Alcohol & Other Drug Prevention ... @ Picayune Rancheria of the Chukchansi Indians - ClubHouse
Dec 24 @ 6:00 pm – 7:00 pm
For additional Information please contact us at 559-445-2691

ICWA is a federal law that seeks to keep American Indian children with American Indian families. The Indian Child Welfare Act was enacted to discourage the separation of Indian children from their families and tribes through adoption or foster care placement to non-Indian homes, 25 U.S.C. § 1901. Congress passed ICWA in 1978 in response to the alarmingly high number of Indian children being removed from their homes by both public and private agencies. The intent of Congress under ICWA was to “protect the best interests of Indian children and to promote the stability and security of Indian tribes and families” (25 U.S.C. § 1902).

ICWA sets federal requirements that apply to state child custody proceedings involving an Indian child who is a member of or eligible for membership in a federally recognized tribe.

Below are just a few answers to questions you may have.

What is the Indian Child Welfare Act? 
The Indian Child Welfare Act (ICWA) is a federal law which regulates placement proceedings involving Indian children. If your child is a member of a tribe or eligible for membership in a tribe, your family has the right to protection under the ICWA. These rights apply to any child protective case, adoption, guardianships, termination of parental rights action, runaway/truancy matter, or voluntary placement of your children.

When was this law passed?
The ICWA was created in 1978 by the federal government in order to re-establish tribal authority over the adoption of Native American children. The goal of the act when it passed in 1978 was to strengthen and preserve Native American families and culture.

Why was this law passed? 
Before the ICWA was passed, a very high percentage of Indian families were broken up because non-tribal agencies removed children from their homes. One reason for the high removal rate was because state officials did not understand or accept Indian culture. Today, the ICWA sets minimum standards for the removal of Indian children from their homes.

Who does it apply to? 
The law applies to Native American children who are unmarried and under age eighteen. The child must be either a member of a federally recognized Indian tribe or must be eligible for membership in a federally recognized Indian tribe.

What does the law do? 
The ICWA requires that placement cases involving Indian children be heard in tribal courts if possible, and permits a child’s tribe to be involved in state court proceedings. It requires testimony from expert witnesses who are familiar with Indian culture before a child can be removed from his/her home. If a child is removed, either for foster care or adoption, the law requires that Indian children be placed with extended family members, other tribal members, or other Indian families.

If a child is not living on the reservation does the ICWA still apply?
Yes. The ICWA has a notice requirement. This means that if a state takes a child into custody, it must give notice to the child’s tribe, wherever the child may be in the U.S.

Does the act apply to a couple getting a divorce? 
No.

What if a parent allowed someone else to become a guardian of their child and later changes their mind?
The ICWA provides that an Indian parent always has the right to revoke a guardianship.

When Does ICWA Apply?
ICWA applies to child custody cases where an Indian child is being taken away from a parent or Indian custodian, or where parental rights are being “terminated” (ended). These include:

  • Foster care “placements” (placing a child in the custody of foster parents)
  • Child Protective Services (CPS) investigations or child removals
  • Guardianship (in juvenile court and probate court) and adoptions (in juvenile court and family court)
  • Certain juvenile delinquency cases (for example, truancy cases)

Who decides if I am a member of the tribe?
The law does not apply a specific blood quantum as the criteria for membership. It leaves it up to each Native American tribe to make such determinations on their own.

ICWA STAFF

Orianna Walker
owalker@chukchansitribe.net
Phone: 559-840-3453

Shirley Diaz
sdiaz@chukchansi-nsn.gov
Phone: 559-332-4965

To Report Abuse Call:
Madera County Child Abuse Hotline: (559) 675-7829
Fresno County Child Abuse Hotline: (559) 225-8320
Domestic Violence 24 Hour Hotline: 1-800-355-8989 EMERGENCY HELP: 9-1-1

Related Websites:
http://www.nicwa.org
http://www.cal-icwa.org
http://www.ayazuta.com

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