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: ICWA
1
ICWA
Student’s name
Institution’s name
2
ICWA
History of ICWA
The ICWA was put in place to protect the separation of children from their families. A
bigger percentage of the Indian families had been broken up. Children were constantly removed
from their families by private organizations or non-tribal agencies. The children were placed in
adoptive homes. It made them lose their sense of culture. They also underwent a lot of child abuse.
ICWA was therefore enacted to protect Indian children rights. The study aims to discuss the
requirements and provisions of ICWA on how to handle a Native child related case.
ICWA provisions
It applies to cases regarding custody proceedings of a child. It provides for foster care
placement, termination of parental rights of the child. It majorly provides for an Indian child...
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