Examination Of The Indian Child Welfare Act (Icwa) Of 1978

3154 words - 13 pages

Each year, there are thousands of children that are misplaced from their families and are seeking a permanent living placement. Their permanent placement may be found with family members or friends, or even through a private adoption. There are federal laws and state mandates that are implemented to ensure that the best interests of all children involved in an adoption or placement proceedings are heard. The best interests and needs of a child may include educational needs, medical needs, housing/placement preferences, or finding a family that reflects the ethnic and cultural heritage of the child in question. One federal mandate ensures that the heritage and familial background of children is protected and the best interests of the children are served. The Indian Child Welfare Act (ICWA) of 1978 is a federal law that seeks to keep Indian-American children with Indian-American families. This law was created in response to an overwhelming population of Indian-American children being displaced from their families. This law was created to protect youth and help keep Indian-American children with their native tribes. In this paper, we explore the historical factors leading to the implementation of the Indian Child Welfare Act and the purpose of this Act. Further, we explore the development of this law, implementation of this federal law, and the contemporary debates that relate to the implementation of this law.
The history of Indian Child Welfare Act derived from the need to address the problems with the removal of Indian children from their communities. Native American tribes identified the problem of Native American children being raised by non-native families when there were alarming numbers of children being removed from their homes by state social welfare agencies. Typically, children would be removed if there were instances of substantiated abuse or neglect, as in any other child abuse case. This was a problem for native Indian tribes because as many of the children who were raised in boarding schools and non-Native American foster or adoptive homes grew into adults, and the voice of Indian children was lost around the country. As a result, many Native American advocacy organizations complied the testimonies and proof of the alarming statistics and presented this before Congress. This information included documentation of the devastating effect of governmental policies and actions toward Indian children were having not just on the children themselves, but on the larger tribal communities from which they were taken. (The Tribal Institute, 2000). As a result of the policies and practices of State social service agencies as well as the Federal Indian boarding and mission schools, vast numbers of Tribal children were raised and educated by non-members and non-Indians. (The Tribal Institute, 2000). These large numbers of youth being raised by non-Native American families, posed a threat to many tribes’ cultural heritage in that it would be lost or...

Find Another Essay On Examination of The Indian Child Welfare Act (ICWA) of 1978

The Alma Ata declaration of 1978

1364 words - 5 pages The Declaration of Alma-Ata formally adopted Primary Health Care (PHC) as the means for providing a comprehensive, universal, equitable and affordable healthcare service for all countries. It was unanimously adopted by all WHO member countries at Alma-Ata in the former Soviet Republic in September 1978. This declaration however failed to reach its goal of "Health for All by the year 2000". It has especially failed the women of Sub-Saharan Africa

A Historical Analysis of Child Welfare in the United States

1757 words - 8 pages information). The reason for the child welfare system is to help the children who are getting abused. In the past, there was not a policy set in place; however, this is beginning to change. One of the systems that have been set in place is the Children’s Bureau, an organization that does studies on the mental health of abused children (Thomas, 2012). Although this organization has no authority to develop federal regulations, they are one of the largest

Exploring the Purpose of the Indian Gaming Regulation Act

1440 words - 6 pages When the word “Native American” is mentioned, the first thing most people will think of is Indian gaming. As many people know, only Native Americans can conduct gaming while people from other ethnicity cannot. This leads to the belief that it is an indirect way for the American government to repay the tribal government for taking their lands. This is partially true. The right to conduct gaming on reservations begins with the Indian Gaming

The Indian Removal Act of 1830: Corrupt from the Outset

1805 words - 8 pages to all the people, a true act of populism. As such, many of his actions and policies were guided by what was popular, not what was necessarily right. Arguments by Prucha that the Trail of Tears was just misguided, are themselves misguided. The seizure of Indian land was a politically expedient move that was made by Georgia to shore up support locally and by the Jackson administration to appeal to rural voters at large. Jackson’s remarkable

Macbeth Act 2 examination of LM

7675 words - 31 pages English Examination Preparation for Summer 2013Macbeth Act 2 Summary and AnalysisSummariesAct 2, Scene 1Banquo, who has come to Inverness with Duncan, wrestles with the witches' prophecy. He must restrain himself the "cursed thoughts" that tempt him in his dreams (II i 8). When Banquo raises the topic of the prophecy as Macbeth enters the scene, Macbeth pretends that he has given little thought to the witches' prophesy. After Banquo and his son

The Cons of Welfare

1110 words - 4 pages that could help a person live their life, but at the same time encourage them to do better. In conclusion, welfare should no longer be part of today's society and needs to be replaced with a system such as GAI that can fix our problems quickly and efficiently.Works Cited:Anderson, Torben M., and Per Molander. "Alternatives for Welfare Policy." Cambridge. Cambridge University Press. 25 Sept. 2008 ."The Child Welfare Response." The Future of

The State of Welfare

1044 words - 4 pages , and utilities assistance. The child welfare system in the United States started its development when the Social Security Act of 1935 established funding in the form of federal grants to states for the purpose of developing programs that would assist orphaned children to find suitable foster homes. Prior to this, children who were lucky enough to leave the orphanage in the care of a foster family could be walking into a much worse situation as

The Abuse of Welfare

727 words - 3 pages Social welfare is the promotion and distribution of material and physical aid by the government for citizens in need. Many people think just because you are on Welfare that you are automatically living off the government or that you’re too lazy to get a job, which in some cases may be true, but not in all cases they’re not. My grandmother was on Welfare for a long time while me and my little cousin was living with her. She got Medicaid, Food

The End Of A Way of Live; the Indian Removal Act of 1830

961 words - 4 pages The defining moment when all the native American Indians were now no longer eligible to stay in their homes the act known as the Indian Removal Act of 1830. This policy was the decision of not only the new North American people but that of the seventh president Andrew Jackson. This White Anglo-Saxon Protestant (WASP) president was the last barrier standing between the Native American Lands and New Americans, who would receive land when the

The Adam Walsh Child Protection and Safety Act of 2006

715 words - 3 pages conduct background checks on the registries become effective in October of 2006. This act is creating new burdens for those states and locals agencies that are striving to meet the key child welfare outcomes. Other issues that surround this law are opted-out states, child abuse and neglect registries, new interstate placement rules, and relative placement. There are several unintended consequences that surround this act. One unintended

Congress Members and Bills: The Safe Child Act of 2014

1002 words - 5 pages proceeding to the next stage in both chambers. The chambers have their own distinctive procedure that take place within each stage. The Safe Child Act of 2014 formally known as The Child Care and Development Block Grant Act of 2014 is currently under consideration by Congress. I will be explaining the purpose of this bill, where the bill is currently in its journey, in the legislative process, and how a Parliamentary system would affect this bill.    The

Similar Essays

American Indian Religious Freedom Act Of 1978

2873 words - 11 pages into the dominating cultures which surrounded them. As a result of the paternalistic attitudes brought with the European colonizers, the American Indian religions were forced by law into partial extinction. The American Indian Religious Freedom Act of 1978 (A.I.R.F.A.) was created to protect the religious rights of American Indians living under the oppression of western society.For Indians, religious freedom can be seen as their life-blood. It is

Strengthening The Child Welfare Response To Human Trafficking Act Of 2013

739 words - 3 pages complexities of their needs and were instead deemed ungovernable. These girls do not typically identify as victims but are undoubtedly looking for safety and belonging which is why they usually run back to their pimps. We must acknowledge and understand why they run and meet them where they are, without judgment, and welcome them back every time they return. Legislation: Strengthening the Child Welfare Response to Human Trafficking Act of 2013 (S

Icwa And The Social Welfare Of Native Americans

1867 words - 8 pages of the United States at the time, Jimmy Carter, enacted a law known as the Indian Child Welfare Act (ICWA) in attempts to avoid the separation of Native children from their family, let alone, their own culture (Fletcher, 2009). How exactly does the Indian Child Welfare Act, ICWA, keep Native children taken away from their birth parents within either their family or the Native culture itself? When considering the Indian Child Welfare Act, a

Overview Of Child Welfare Essay

3264 words - 13 pages People may wonder which profession in our society is dedicated to the well-being of children: the answer is social work in the field of Child Welfare. Child welfare is a segment of social work that is vital to the health and stability of the children and families in our society. These social workers provide a multitude of different services, some of which include working in the foster care system, child protective services, as caseworkers, and