Quick answer

An introduction to notice, Tribal participation, active efforts, evidentiary protections, and placement preferences under the Indian Child Welfare Act.

Why Congress enacted ICWA

Congress enacted the Indian Child Welfare Act to establish minimum federal standards for the removal and placement of Indian children and to protect the interests of Indian children, families, and Tribal Nations. 25 U.S.C. §§ 1901–1902 (2018).

Inquiry, notice, and Tribal participation

When a court knows or has reason to know that an Indian child is involved, the governing process includes inquiry, notice, and meaningful opportunity for the child’s Tribe to participate. See 25 U.S.C. § 1912(a) (2018); 25 C.F.R. §§ 23.107–.111 (2026).

Active efforts, proof, and placement

ICWA also addresses active efforts, qualified expert testimony, standards of proof, and placement preferences. 25 U.S.C. §§ 1912(d)–(f), 1915 (2018). The Supreme Court rejected the principal constitutional challenges properly before it. Haaland v. Brackeen, 599 U.S. 255, 277–96 (2023).

The scope of All Rise! representation

All Rise! currently represents Tribal governments only in Indian Child Welfare proceedings. This article is general information and does not create an attorney-client relationship.

Practical next steps

  • Identify every Tribe with which the child, parents, or grandparents may have a connection.
  • Preserve notices, enrollment information, family history, court filings, and agency communications.
  • Notify the court and counsel promptly if there is reason to know the child may be an Indian child.
  • Do not treat a relative’s uncertainty about enrollment as a final eligibility determination by a Tribe.

Primary sources