Investigating Abuse Cases
The passage of Indian Child Welfare Act (ICWA) is attributed to great research that showed a crisis among Native American and Alaska families, children and tribes. The research showed that large number of children from these families was being alienated from their patents and communities through the actions of child welfare by the state and Private Adoption Agencies (NICWA, 2018). According the studies shows that the separation affected between 25 to 35 percent of Native children whereby 85 percent were removed from their communities regardless of the presence of relatives who are able and willing to take them in. In a Congressional testimony outlined the distressing effects the practice was having the community and thus leading to the legislation of ICWA in 1978(NICWA, 2018).
The Act has various provisions through which preferences are established. During the placement of a child of Indian Native origin, and where there is no reasonable cause to the contrary, extend family member of the child or other persons of the tribe or families shall be accorded preference. During the placement of the child in foster care or for adoption, the setting should least restrictive so that it approximates a family and his or her special needs should be met (NICWA, 2018). In case of aforesaid placement, the separate order of preference shall be determined by the tribe and the court or agency involved in the placement shall adhere to this order. This is as long as the placement setting is least restrictive to the child’ special needs. The present Indian community’s social and cultural standards of the family shall be used as the standards in establishing the preferred requirements. The state should maintain the placement’s record as per the state law of the child as evidence to compliance with the Act’s preference order (NICWA, 2018).
The ICWA requirements that caseworkers should consider when handling cases involving the Act are outlined. They have to consider provision of active efforts to the native family. The caseworkers should identify a placement that is in line with the aforesaid preference provisions for ICWA. The worker has to notify the tribe of the child and his parents of any proceeding of child custody. The worker must actively involve the tribe of the child and his parents in such proceeding (NICWA, 2018).
The initial step is to establish whether there is a tribal-state agreement through which specific procedures that should be followed are specified. The review includes assessing the requirements and recognizing any differences which will act as the guide, and thus ensure that ICWA provisions are complied with. Determining the Anne’s lineage involves clarifying her identity as a Native or Indian by first inquiring from the family about their self-identity. This is followed by asking whether the child’s origin is from the tribe – Alaska Native or American Indian (NICWA, 2018). If the response to the child affirm that they are Alaska Native or American Native or relate their origin to Native ancestry, the next step involves asking their child family the tribe they identify with and drawing a tree char with the support of the family to determine the genealogy. The child’s membership to the tribe should be confirmed by agent of tribal services (NICWA, 2018).
After investigation shows that Anne is of Native American origin, she cannot be placed in a foster care as long as there are family members willing and ready to take her in. If the family members or relatives of the child can provide living environment or setting as per the ICWA requirement she cannot be separated from her community.
References
NICWA, (2018). About ICWA. Retrieved from: https://www.nicwa.org/about-icwa/
NICWA,(2018). A Guide to Compliance with the Indian Child Welfare Act. Protecting our children. Preserving our culture. Retrieved from: https://www.nicwa.org/wp-content/uploads/2018/01/Guide-to-ICWA-Compliance-2018.pdf
