State ICWA Developments and Resources
Alabama
State ICWA Law? no
Administrative Resource:
Indian Child Welfare Policies and Procedures, Alabama Department of Human Resources
- Last revised October 6, 2022
- “This policy provides guidance on child welfare case management and practice procedures specific to working with Indian and Alaskan Native children and families.”
Alaska
State ICWA Law? no
Inter-Governmental Agreement Between State and Tribes:
Alaska Tribal Child Welfare Compact Between Certain Alaska Native Tribes and Tribal Organizations
- Effective December 15, 2017
- “The Compact reflects the State of Alaska’s constitutional and statutory obligation to provide child welfare services and authority to enter into intergovernmental agreements with Tribes and Tribal Organizations under federal and tribal law to exercise authority in child welfare matters, and the unique state-tribal collaboration that has developed in Alaska to ensure improved compliance with the Indian Child Welfare Act and transformation of child welfare services in an effort to reduce the rate of out of home placement and improve the well-being of all Alaskan children and families”
Administrative Resource:
Summary of the Alaska Tribal Child Welfare Compact
- From the Alaska Native Justice Center
- September 2023
Arizona
State ICWA Law? no
Inter-Governmental Agreement Between State and the Navajo Nation:
- Effective 2014
- “DCS and the NATION agree that:
- The primary purpose is to protect and further the best interests of the child and his/her family.
- The health, care, safety, well-being, and supervision of the child are the primary concerns when providing services to a family;
- When possible, the child will be raised within his/her family and with the Navajo culture; and
- The parties will work cooperatively in all child custody proceedings to protect the best interests of the Navajo child and the legal rights of his/her parents or Indian custodian.”
Administrative Resource:
- Established in 2011
- “…the ICWA Committee was formed to support the goals of the Arizona State, Tribal and Federal Court Forum. Through collaboration, communication, legal and cultural education, and cooperation among state courts, state agencies, Tribes, and tribal entities the ICWA Committee works to improve processes that impact ICWA cases in state courts.”
Arkansas
State ICWA Law? no
ICWA Compliance Policy for the Arkansas Department of Children and Family Services
- 2013
- “DCFS complies with all mandates of the federal Indian Child Welfare Act (ICWA).”
California
State ICWA Law? yes
Comprehensive
California Indian Child Welfare Act
- 2006
- “This bill would revise, recast, and expand various provisions of state law to, among other things, apply to certain children who do not come within the definition of an Indian child for purposes of the Indian Child Welfare Act, and would provide that a parent, Indian custodian, or tribe may intervene in child custody proceedings involving children with Indian ancestry, as specified.”
Complementary
California Indian Child Welfare Act State Plan
- Last revised November 2022
- “In recognition of the State of California’s legal obligation and the mandate to improve statewide Indian Child Welfare Act (ICWA) and California’s ICWA (CAL-ICWA) implementation and to address the well-being of Indian children and families and reduce the disproportionality of Indian children in California’s child welfare system, the California Department of Social Services’ (CDSS) Children and Family Services Division (CFSD) is implementing a CAL-ICWA (hereinafter ICWA) State Plan in collaboration with Tribes, Counties, the Judicial Council of California (JCC) and other stakeholders.”
California Law Regarding Tribal Customary Adoptions
- “Effective July 1st, 2010, Assembly Bill 1325 (Cook; Stats. 2009, ch.287) established a new permanency option for Indian children who are dependents of the California Courts. Dependent Indian children who are unable to reunify with their parents may now, at the option of their tribe, be eligible for adoption by and through the laws, traditions and customs of the child’s tribe without requiring termination of the parental rights of the child’s biological parents.”
Administrative Resource:
California Judges ICWA Benchguide
- Last updated September 2023
Colorado
State ICWA Law? yes
Not Comprehensive
Colorado Rules of ICWA Procedures
- Enacted May 2023
- “These Colorado Rules of ICWA Procedures are intended to ensure compliance with ICWA, the related ICWA regulations, and corresponding state law.”
Connecticut
State ICWA Law? yes
Comprehensive
An Act Concerning the Connecticut Indian Child Welfare Act
- Enacted 2023
- “This bill generally codifies into state law the federal Indian Child Welfare Act of 1978 (‘ICWA,’ see BACKGROUND) which governs jurisdiction over the removal of American Indian children from their families in custody, foster care, and adoption cases. In doing so, the bill expands ICWA’s coverage to the state-recognized Golden Hill Paugussett, Paucatuck Eastern Pequot, and Schaghticoke Tribes.”
Delaware
State ICWA Law? no
Florida
State ICWA Law? no
Administrative Resource:
The 2023 Florida Statutes: Judicial Branch- Proceedings Related to Children
“The department is encouraged to enter into agreements with recognized American Indian tribes in order to facilitate the implementation of the Indian Child Welfare Act.”
Georgia
State ICWA Law? no
Administrative Resource:
- December 2021
- “DFCS must comply with ICWA from the earliest stages of a child welfare case” (1)
- “Pursuant to O.C.G.A. §44-12-300, the State of Georgia officially recognizes as legitimate American Indian Tribes of Georgia the following tribes, bands, groups, or communities:
- Georgia Tribe of Eastern Cherokee (P.O. Box 1993, Dahlonega, Georgia 30533)
- Lower Muscogee Creek Tribe (106 Tall Pine Drive, Whigham, GA 39897)
- Cherokee of Georgia Tribal Council (110 Cherokee Way, Saint George, GA 31562”
Hawai’i
State ICWA Law? no
Native Hawaiian Child Welfare Act
- 2006
- “The legislature hereby declares that it is the policy of this State to protect the cultural and traditional interests of Native Hawaiian children and to promote the stability and security of Native Hawaiian families by the establishment of standards for the removal of Native Hawaiian children from their families and the placement of such children in hanai or lawe hanai homes which will reflect the unique values of Native Hawaiian culture, and by providing for assistance to Native Hawaiians in the operation of child and family service programs.”
Idaho
State ICWA Law? no
Illinois
State ICWA Law? no
Illinois Department of Child and Family Services Procedures 307- Indian Child Welfare Services
- Effective March 2015
- “The following procedures outline how the Department shall, in conjunction with Indian communities, organizations, and agencies, provide a method of early identification of Indian children and their families in order to provide child welfare services that assure all the additional protections afforded by the Indian Child Welfare Act.”
Indiana
State ICWA Law? no
Indiana Department of Child Services Child Welfare Policy- Section 12: Indian Child Welfare Act (ICWA)
- Effective 2019
- “The Indiana Department of Child Services (DCS) shall take measures to ensure any child who is a member of a federally recognized Indian tribe is afforded all rights under the Indian Child Welfare Act (ICWA).”
Iowa
State ICWA Law? yes
Comprehensive
- 2003
- “The purpose of the Iowa Indian Child Welfare Act is to clarify state policies and procedures regarding implementation of the federal Indian Child Welfare Act, Pub. L. No. 95-608, as codified in 25 U.S.C. ch. 21. It is the policy of the state to cooperate fully with Indian tribes and tribal citizens in Iowa in order to ensure that the intent and provisions of the federal Indian Child Welfare Act are enforced.”
Administrative Resources:
Iowa Indian Child Welfare Act Summary- Drake Law Review
- December 2005
Iowa Indian Child Welfare Act Summary- American Indian Law Review
- January 2004
Kansas
State ICWA Law? no
Kentucky
Louisiana
State ICWA Law? no
Administrative Resource:
Maine
State ICWA Law? yes
Comprehensive
Maine Indian Child Welfare Act
- Enacted 2023
- “The purpose of the Maine Indian Child Welfare Act is recognition by the State that Indian tribes have a continuing and compelling governmental interest in an Indian child whether or not the Indian child is in the physical or legal custody of an Indian parent, an Indian custodian or an Indian extended family member at the commencement of an Indian child custody proceeding or the Indian child has resided or is domiciled on an Indian reservation.”
Maryland
State ICWA Law? no
Administrative Resource:
Policy Directive SSA-CW #16-5, Maryland Department of Human Resources
- Enacted 2015
- “This policy supersedes Policy Directive SSA #08-08 and provides guidance to child welfare staff for delivering services to Native American children and their families. This policy provides clarification to both parties on delivering services to families who belong to tribes that are federally recognized and to families who belong to tribes that are not federally recognized.”
Massachusetts
State ICWA Law? no
Michigan
State ICWA Law? yes
Comprehensive
Michigan Indian Family Preservation Act
- Effective January 2013
- “In Indian child custody proceedings, the best interests of the Indian child shall be determined, in consultation with the Indian child’s tribe, in accordance with the Indian child welfare act, and the policy specified in this section”
Related State Law:
Public Act 73 of 2024: Notifications for change in foster care placement
- Effective July 2024
- “Before a change in foster care placement takes effect, the agency must do all of the following:… Notify the court with jurisdiction over the child, notify the child’s tribe, as applicable…The notice provided under this subdivision does not affect the department’s placement discretion and shall include all of the following information:
- (i) The reason for the change in placement.
- (ii) The number of times the child’s placement has been changed.
- (iii) Whether or not the child will be required to change schools.
- (iv) Whether or not the change will separate or reunite siblings or affect sibling visitation.
- (v) If the child is an Indian child the notice shall include the following additional information:
- (A) A statement that the child is an Indian child.
- (B) A list of active efforts the agency took to place the child in compliance with section 23 of chapter XIIB, including how the placement meets the standards provided in section 23(8) of chapter XIIB.”
Administrative Resource:
Michigan Indian Family Preservation Act Overview
- From Walking on Common Ground
Minnesota
State ICWA Law? yes
Comprehensive
Minnesota Indian Family Preservation Act
- 2015
- “The purposes of Laws 2015, chapter 78, are to (1) protect the long-term interests, as defined by the tribes, of Indian children, their families as defined by law or custom, and the child’s tribe; and (2) preserve the Indian family and tribal identity, including an understanding that Indian children are damaged if family and child tribal identity and contact are denied. Indian children are the future of the tribes and are vital to their very existence.”
Administrative Resource:
Minnesota Indian Family Preservation Act Summary
- Minnesota Journal of Law & Inequality
- June 1986
Mississippi
State ICWA Law? no
Inter-Governmental Agreement Between State and Tribe:
MOU Between Mississippi DHS, DCFS, and Mississippi Band of Choctaw Indians
- Enacted October 2012
- “The purpose of this Memorandum of Understanding is to formalize the terms and conditions the Tribe and the State will employ to effectively render assistance to Choctaw children”
Missouri
State ICWA Law? no
Administrative Tool:
Missouri Department of Social Services Children’s Division Indian Child Welfare Act Checklist
- “This checklist was developed to ensure that specific information required by ICWA is collected and documented, as well as to guide the worker through the various mandates of ICWA”
Montana
State ICWA Law? yes
Comprehensive
Montana Indian Child Welfare Act
- Effective July 2023
- “WHEREAS, there is, at the present time, a court case before the United States Supreme Court known as Haaland v. Brackeen, No. 21-376, that has the potential to overturn or modify the Indian Child Welfare Act in its current form, and the Legislature seeks to provide guidance for Indian child protection cases in the interim as this case is decided. The Legislature does not expect this to be the final word on how we deal with Indian child welfare issues or how we seek to provide for all of Montana’s children within the child protection system.”
Nebraska
State ICWA Law? yes
Comprehensive
Nebraska Indian Child Welfare Act
- Effective August 2015
- “The purpose of the Nebraska Indian Child Welfare Act is to clarify state policies and procedures regarding the implementation by the State of Nebraska of the federal Indian Child Welfare Act. It shall be the policy of the state to cooperate fully with Indian tribes in Nebraska in order to ensure that the intent and provisions of the federal Indian Child Welfare Act are enforced”
Administrative Resource:
Nebraska Indian Child Welfare Coalition
- Incorporated in 2018
Nebraska Indian Child Welfare Act: A Case Management Guide
- April 2020
- Developed for DHHS- Division of Children & Family Services
Nevada
State ICWA Law? yes
Comprehensive
Nevada Indian Child Welfare Act
- 2023
- “AN ACT relating to child welfare; establishing various provisions governing proceedings relating to the custody, adoption or protection of Indian children or the termination of parental rights; requiring the Division of Child and Family Services of the Department of Health and Human Services to adopt various regulations; requiring an agency which provides child welfare services to provide certain training for its personnel; requiring the Division and the Court Administrator to submit certain reports to the Chairs of the Senate and Assembly Standing Committees on Judiciary; authorizing the Nevada Supreme Court and the Court Administrator to adopt certain rules; repealing certain unnecessary provisions; and providing other matters properly relating thereto.”
New Hampshire
State ICWA Law? no
New Jersey
State ICWA Law? no
Administrative Resource:
New Jersey Courts ICWA Checklist
- Enacted January 2020
- “The attached ICWA checklist for judges sets out all of the steps necessary to assist the court in addressing ICWA. The checklist indicates when the court must make the finding of ICWA applicability. If ICWA may apply to a child, the court must ensure that the potentially involved Indian tribe and the birth parents receive proper notification of the proceedings.”
New Mexico
State ICWA Law? yes
Comprehensive
- Enacted 2022
- “AN ACT RELATING TO CHILDREN; ENACTING THE INDIAN FAMILY PROTECTION ACT; CONSOLIDATING PROVISIONS SPECIFIC TO CHILD CUSTODY PROCEEDINGS INVOLVING INDIAN CHILDREN INTO THE INDIAN FAMILY PROTECTION ACT; PROVIDING ADDITIONAL REQUIREMENTS GOVERNING CHILD CUSTODY PROCEEDINGS INVOLVING INDIAN CHILDREN; PROVIDING FOR CONFIDENTIALITY OF CERTAIN RECORDS; PROVIDING A PENALTY; CREATING THE OFFICE OF TRIBAL AFFAIRS WITHIN THE CHILDREN, YOUTH AND FAMILIES DEPARTMENT; REQUIRING A CULTURAL COMPONENT IN CASE PLANS IN ABUSE AND NEGLECT PROCEEDINGS; AMENDING, REPEALING AND ENACTING SECTIONS OF THE NMSA 1978.”
Complementary
New Mexico Juvenile Justice Tribal Notification Provision
- “In a delinquency proceeding, if the child is an Indian child, the Indian child’s tribe shall be notified of the filing of the petition via certified mail.”
New Mexico Safe Haven Site Procedures concerning Native heritage
- “A safe haven site shall ask the person leaving the infant whether the infant has a parent who is either a member of an Indian tribe or is eligible for membership in an Indian tribe, but the person leaving the infant is not required to provide that information to the safe haven site.”
Administrative Resource:
New York
State ICWA Law? no
Administrative Resource:
A Guide to Compliance With the Federal Indian Child Welfare Act In New York State
North Carolina
North Dakota
Ohio
State ICWA Law? no
Administrative Resource:
- Rules 5101:2-53-01 through 5101:2-53-09 in Chapter 5101:2-53 of the Ohio Administrative Code
Oklahoma
State ICWA Law? yes
Comprehensive
Oklahoma Indian Child Welfare Act (10 O.S. 40-40.9)
Administrative Resource:
Oklahoma Indian Child Welfare Association
- “The Oklahoma Indian Child Welfare Association, Inc. (OICWA) is a 501 C 3 non-profit, membership organization representing the interests of Indian Child Welfare programs in the State of Oklahoma.”
- “OICWA’s membership includes tribes and individuals dedicated to promoting the well-being of American Indian children, their families, and their tribes. OICWA originated from an Indian Child Welfare Act (ICWA) Task Force created in 1981 to address common areas of service and issues among ICWA programs in the state.”
Oregon
State ICWA Law? yes
Comprehensive
Oregon Indian Child Welfare Act
- Established in 2020
Complementary
Tribal Customary Adoption in Oregon Revised Statues
Administrative Resource:
Oregon Indian Child Welfare Act Dependency Benchbook
- Revised January 2022
Pennslyvania
State ICWA Law? no
Administrative Resource:
- Published in 2006
- “This handbook has been developed as a way of disseminating information regarding the Indian Child Welfare Act (ICWA) and what it requires of county children and youth agencies and private providers throughout the Commonwealth. It is intended to be used as a quick-reference guide for staff working with American Indian children and families, and is not a substitute for comprehensive training. Indian Child Welfare is part of Child Welfare and each State has the responsibility to implement best practice within the requirements of law.”
Rhode Island
State ICWA Law? no
Administrative Resource:
Implementing the Indian Child Welfare Act
- Revised February 2014
“The Rhode Island Department of Children, Youth and Families (DCYF) provides services to Indian families that are culturally relevant and consistent with the mandates of the Indian Child Welfare Act (ICWA) (PL 95-608). The Department utilizes the principles of family centered practice in its delivery of child welfare services and recognizes the importance of maintaining connections between children and their heritage.”
South Carolina
State ICWA Law? no
South Dakota
State ICWA Law? yes
Not Comprehensive
South Dakota Indian Family Preservation Act
- Established 2012
- “An Act to enact certain provisions relating to the federal Indian child Welfare Act and to adopt the South Dakota Indian Family Preservation Act.”
Inter-Governmental Agreements Between State and Tribes:
Current South Dakota State-Tribal Agreements
Administrative Resource:
Indian Child Welfare Act Commission
- Established in 2004
- “The Commission was charged to study the requirements of the ICWA (25 U.S.C. §§1901-1963), including:
- Compliance with the requirements for notice
- Placement
- Expert witness testimony
- Intervention
- Transfer of jurisdiction
- Active efforts
- Means by which Indian tribes could assist in pursuing the policies of ICWA”
Tennessee
State ICWA Law? no
Administrative Resource:
Administrative Policies and Procedures: 16.24 Children of Native American Heritage
- Last revised in 2010
- “To ensure that all DCS services affecting children identified as Native American are conducted in compliance to the federal guidelines outlined by ICWA. The goal of the ICWA is to strengthen and preserve Native American families and culture.”
Texas
State ICWA Law? no
Administrative Resource:
- “To ensure compliance with the Indian Child Welfare Act (ICWA) in any court action regarding an Indian Child, staff may refer to the following checklist.”
Utah
State ICWA Law? no
Vermont
State ICWA Law? no
Virginia
State ICWA Law? no
Washington
West Virginia
State ICWA Law? no
Wisconsin
Wyoming
State ICWA Law? yes
Comprehensive
Wyoming Indian Child Welfare Act
- Effective July 2023
- “The purpose of this act is to codify the federal Indian Child Welfare Act of 1978 into state law.”
National Resources on State ICWA Law
Online Resources Tracking Movement of State ICWA Laws:
- Native American Rights Fund: Index of State Resources – A Practical Guide to the Indian Child Welfare Act; Native American Rights Fund (narf.org)
- Turtle Talk: Comprehensive State ICWA Laws – Turtle Talk
- State ICWA Law Chart v. 1.4 – Google Sheets
Article on Importance of State ICWA Laws:
Tracking Efforts to Pass State-Level ICWA Laws (imprintnews.org)
Related Resources:
- NCJFCJ: National Council of Juvenile and Family Court Judges
- Title IV-B
- “States must provide for the diligent recruitment of potential foster and adoptive families that reflects the ethnic and racial diversity of children in their child welfare system” (42 USC 622(7)).
- “States must provide a description, developed in consultation with tribal organizations in the state, of the specific measures taken by the state to comply with the ICWA” (42 USC 622(b)(9)).
- Title IV-E
- “States must consider giving preference to any relative care provider over any non-relative care provider” (42 USC 671(19)).
- “States shall treat any home study report that is received from another state or tribe as meeting any requirements imposed by the state for the completion of a home study before placing a child in the home…” (42 USC 671 (26)(B)).
- “States, within 30 days after the removal of a child, must exercise due diligence to identify and provide notice to all adult grandparents and other adult relatives of the child that;
- Specifies that the child has been or is being removed.
- Explains the options the relative has under federal, state and local law to participate in the care and placement of the child, including any options that may be lost by failing to respond to the notice.
- Describe the requirements under this subsection to become a foster family home and the additional services and supports that are available for children placed in such home
- If the state has elected to make kinship guardianship assistance payments under Title IV-E, describe how the relative guardian may access these payments” (42 USC 671 (29)).
- “States will negotiate in good faith with any Indian tribe, tribal organization or tribal consortium in the state that requests to develop a Title IV-E agreement with the state” (42 USC 671(32)).
* Federal law requirements under Title IV-B and Title IV-E of the Social Security Act will often be codified in state law—make sure to check state laws for these requirements.