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 a Child Protective Services (CPS) investigator, you have learned that Maria, a 10-year-old girl who lives in a major U.S. city and is currently in fourth grade, may possibly have Native American ancestry. There have been reports made by teachers of possible child abuse involving her mother and father. 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 that you are well-informed. You are asked by your supervisor to write a 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 and neglect, what does ICWA require you to do first?
- How would Maria’s lineage be determined?
- Can Maria be removed from her home and placed in foster care if she is of Native American descent?
- Who would make that determination? Why?
