The Indian Child Welfare Act and Kin-First Culture  

The Indian Child Welfare Act (ICWA) of 1978 provides states with guidance and regulations to follow regarding removals and placements among American Indian/Alaska Native (AI/AN) children and families that protect the rights and culture of AI/AN communities. It is also looked to as a "gold standard" for promoting kin-first culture. Its principles and guidance can serve as a framework for supporting all families and advancing equity and justice across the child welfare continuum.  

 There is a dark history of child removal and forced assimilation among AI/AN families in the United States. Before ICWA, approximately 25 to 35 percent of all AI/AN children were separated from their families, with the majority being placed in non-Native homes. ICWA was a first step to address historic wrongdoings, reduce disparities in removals and out-of-home placements among AI/AN families, and prevent additional generational trauma.  

 ICWA states that, when possible, Native children and youth should remain with family in their communities. In adoptions, ICWA establishes that preference goes first to a member of the child’s extended family, followed by members of their tribe, and then other AI/AN families. This promotes the many benefits of keeping children connected to their culture, including a sense of belonging, positive identity development, and overall well-being.  

 Because ICWA establishes standards for working with AI/AN children and families, it has several practice implications for child welfare workers. When supporting AI/AN children and families, adoption and other child welfare professionals should consider the following:  

• Know when ICWA does and does not apply.  

• Learn about the individual history, culture, and customs of the tribes with whom you interact. 

• Work closely in equal partnership with the child’s tribe during child welfare processes. 

• Make active efforts to maintain or reunite AI/AN children with their families before involuntary foster care placement or termination of parental rights. 

• Address implicit biases and implement strategies to prioritize cultural responsiveness. 

• Learn about the traumatic history of AI/AN family separation in the United States.    

• Recognize that communication styles of tribes may differ from those of nontribal communities. 

 Adoption and child welfare professionals can also take lessons learned from the principles of ICWA and apply them to practice with all children and families by prioritizing kin-first culture; honoring the role of race, ethnicity, and culture; and celebrating diverse communities.  

Explore the following resources for more information about the overlap of ICWA and adoption: