Description
The right of a parent to decide how to raise their children is considered a fundamental right, which means that government interference with that right must be for a compelling reason such as child abuse or neglect. In the case of Native American children, children were often removed from their tribal homes and placed in child welfare systems throughout the nation that were not culturally similar. In response to this, the Indian Child Welfare Act (ICWA) was passed in 1978.
As the CPS investigator you have learned that Anne may possibly have Native American ancestry. This is your first case regarding a child from a Native American ancestry, so you will need to research the provisions of ICWA to ensure you are well informed. You are asked by your supervisor to write a 2-3 page paper outlining your knowledge of the following:
- the history of ICWA
- ICWA provisions
- ICWA requirements
Answer the following questions:
- As an investigator of alleged abuse/neglect, what does ICWA require you to do first?
- How would Anne's lineage be determined?
- Can Anne be removed from her home and placed in foster care if she is of Native American descent?
Explanation & Answer
Attached.
Running head: THE INDIAN CHILD WELFARE ACT
The Indian Child Welfare Act
Name
Instructor
Date
1
THE INDIAN CHILD WELFARE ACT
2
The history of ICWA
The Indian child welfare act that was enacted in the year 1978 was specifically developed
in limiting the historical practice within the United States where Native American children were
taken from their tribe and family and placed them in non-Indian institutions to adopt the white
culture and practices. The key focus of the act was mainly to create a significant environment
where Indian children would be protected and promote the stability and security of Indian tribes.
The act was developed on the understanding that since the 1800s, a significant number of Indian
children had been taken from their households and booked in boarding schools, which were based
on non-Indian culture to be taught white culture and practices (Jones, 2014).
In many of the incidences that took place during this time is that the government authorities
cited unconfirmed allegations of neglect and abuse fro...