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Member Services

Family Assistance Programs

Indian Child Welfare Act (ICWA)

ICWA funds help Sun’aq ribal members who are in legal disputes with the State over custody of their children. The tribe assists members with issues that arise during court hearings. We also assist Native children in State custody who need temporary or permanent homes. Native parents who are licensed foster care parents, or those would like to become foster care parents, are urged to participate in this program.

What is the IWCA?

The Indian Child Welfare Act is a federal law passed by the United States Congress in 1978 to protect the rights of Native American children, families, and tribes in the following situations:

  • Foster care placements,
  • Pre-adoption placements, and
  • Adoption placements.

The ICWA does not apply to:

  • Custody disputes between divorcing parents,
  • Custody disputes related to any other proceedings, and
  • Delinquency proceedings involving a Native child who has committed an act that would constitute a crime if it were committed by an adult.

Who is eligible for benefits?

Before an Indian tribe can intervene under ICWA, the tribe must establish that the child is an enrolled tribal member or the descendant of an enrolled member. Therefore, it is very important that our tribal membership database be as complete as possible. If you or someone you know is eligible for enrollment and has not completed the paperwork yet, please urge them to do so as soon as possible.

Why is ICWA important?

ICWA guidelines are intended to ensure that Native children are returned to a safe and healthy environment provided by relatives or are placed with another Native family. The tribe’s involvement in foster placements and adoptions is very important since non-Native foster families may not be aware of cultural values and practices, and children often cannot articulate their cultural needs. If you know a tribal member who is seeking a foster situation for children, please encourage them to contact the tribe.

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