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American Indian Child Welfare Act


Labriola Center



The Indian Child Welfare Act, passed into law on November 8, 1978, established minimum federal standards for the removal of Indian children from their families and the placement of these children in foster or adoptive homes. In essence, the act restricts the placement of Indian children in non-Indian homes and gives jurisdiction to tribal courts in deciding matters of child welfare cases, even when problems occur off the reservation.


The law was specifically designed to end discriminatory practices of state and county welfare agencies which disregarded Indian extended family arrangements and placed large numbers of Indian children in non –Indian homes.


Below is a list of readings published by the National Indian Child Welfare Association. These have been cataloged to the Labriola Center, and are listed in the ASU Online Catalog. In addition, consult the ASU online catalog with a keyword search for “Indian Child Welfare Act,” and using the same terms, search the American Indian Index (from the Library home page, click on “Articles” and type American Indian Index). From the same point, search Ethnic Newswatch, or ERIC for additional material.


For general information, take a look at American Indians in the Twentieth Century on the Labriola reference shelf. The Labriola Subject Guide on mission schools and boarding schools, will give valuable assistance on early education of the American Indian.


National Indian Child Welfare Association Books


Native American Kids 2000: Indian Child Well-being Indicators, Charlotte Goodluck and Angela A. Willeto. Seattle: National Indian Child Welfare Association, 2000. This report addresses Native American children well-being within the contexts of research, culture, and history. Pertinent studies are reviewed to provide greater insight into the issues connected with collecting data on Native American families and indicators of well-being. Issues related to research with Native Americans and methodological problems such as the lack of access to and the inconsistency of data is discussed.


Native American Children and Youth Well-being Indicators: a Strengths Perspective, Charlotte Goodluck. Seattle: National Indian Child Welfare Association, 2002. Using both qualitative and quantitative approaches to research, this report provides an exploratory investigation that aims to expand the strengths perspective literature on Native American children and youth and to provide recommendations for research, policy, and practice.


The Indian Child Welfare Act: An Examination of State Compliance in Arizona, Eddie F. Brown et al. Seattle: National Indian Child Welfare Association, 2002. This study examines compliance with the provision of the Indian Child Welfare Act (ICWA) in Arizona. Data on the five primary areas of compliance were collected using recommendations provided to improve policies and procedures to assist states in more thoroughly complying with ICWA’s mandates.


Native American Kids 2002: Indian Children's Well-being Indicators Data Book for 13 States, Angela A. Willeto. Seattle: National Indian Child Welfare Association, 2002. This report presents a literature review of 10 well-being indicators for Native American children. It draws upon information from regional state and tribal empirical studies. In additions, it provides Native American rates and percentages for 10 well-being indicators nationally and in 13 selected states. The report concludes with empirically-based recommendations for addressing the well-being of Native American children.


Family Preservation: A Case Study of Indian Tribal Practice, John G. Red Horse et al. Seattle: National Indian Child Welfare Association, 2001. Following a cultural network review model examining life situations, family lifestyles, cultural cohesion, geographic and population characteristics, mediating structures, and institutional arrangements, this case study describes family preservation services at the Ft. Berthold Reservation in North Dakota. Data gathering though talking circles and personal interviews with elders and tribal staff are presented. Recommendations for effective tribal family preservation services are presented.


Title IV-B Child and Family Services Plans: An Evaluation of Specific Measures Taken by States to Comply with the Indian Child Welfare Act, Eddie F. Brown et al. Seattle: National Indian Child Welfare Association, 2001. This study responds to the lack of knowledge-based research conducted on the implementation of ICWA. The study examines a nationwide sample of ICWA sections described in state Title IV-B Child and Family Service Plans and Annual Progress and Service’s Reports. Recommendations for improvements in Title IV-B reporting requirements surrounding ICWA compliance procedures are provided.


Child Abuse and Neglect Among American Indian/Alaska Native Children: An Analysis of Existing Data, Kathleen A. Earle and Amanda Cross, Seattle: National Indian Child Welfare Association, 2001. This study compares existing published reports of child abuse and neglect among secondary data from the national archives on child abuse and neglect. Implications of the findings are discussed, and practice, policy, and research recommendations are offered.


Native American Kids 2001: Indian Children's Well-being Indicators Data Book, Charlotte T. Goodluck and Angela A. Willeto. Seattle: National Indian Child Welfare Association, 2001. This report provides a comprehensive literature review and percentages and rates of 10 well-being indicators for Native American children. One of the major finds is that of the 10 indicators, compared to the general U.S. population, Native American children are doing well in only one: low infant birth weight. This study concludes with practice and policy recommendations for each of the indicators, as well as information on how to understand and make changes in this specialized area of child welfare.


Transition Programs in Indian Country, Thomas L. Crofoot Graham et al. Seattle: National Indian Child Welfare Association, 2001. Provides an initial understanding of programs available to American Indian youth and services provided within American Indian communities.


Tribal/State Title IV-E Intergovernmental Agreements: Facilitating Tribal Access to Federal Resources, Eddie F. Brown et al. Seattle: National Indian Child Welfare Association, 2000. This study provides a comprehensive overview of current IV-E intergovernmental provisions in order to assist tribes and states in strengthening both new and existing IV-E agreements. Results from a nationwide content analysis of existing IV-E documents, focus groups, and telephone interviews with tribal and state representatives are presented. Implications of the results and recommendations to help facilitate tribal access to Title IV-E federal funding are discussed.


Child Abuse and Neglect: An Examination of American Indian Data, Kathleen A. Earle. Seattle: National Indian Child Welfare Association, 2000. This study was designed to gauge the current status of the reporting of data on child abuse and neglect in Indian Country, and to identify ways in which such data collections systems can be improved. Survey results from a nationwide sample of tribal Indian Child Welfare workers are presented. Implications of the results and recommendations for improving the collection and reporting of child abuse and neglect data for Indian children are discussed.


Family Preservation: Concepts in American Indian Communities, John G. Red Horse et al. Seattle: National Indian Child Welfare Association, 2000. Using a reality based research model, this study traces American Indian concepts of family preservation and compares them with mainstream theories that guide services to Indian communities. Results from information gathered through surveys, talking circles, and a community review process are presented. Implications of the results and recommendations that draw attention to the importance of Indian values and traditional practices, particularly as guides for family preservation research, are discussed.


Indian Child Welfare Act: A Pilot Study of Compliance in North Dakota, B.J. Jones et al. Seattle: National Indian Child Welfare Association, 2000. This pilot study examines Indian Child Welfare Act compliance in nine North Dakota counties with the highest number of Indian children in foster care. Results from case record reviews, focus groups and structured interviews are presented. Implications of the results and recommendations to improve ICWA compliance in North Dakota are discussed.


Page last modified: August 22, 2007