Minimum Standards

ICWA imposes minimum federal standards for state child custody court proceedings, which include voluntary and involuntary foster care placements, termination of parental rights, and pre-adoptive placements involving Indian children.  Key elements of these standards include:

• An Indian child, for purposes of the ICWA, means any unmarried person who is under age of eighteen and is either (a) a member of a federally recognized Indian tribe or (b) is eligible for membership in a federally recognized Indian tribe and is the biological child of a member of a federally recognized Indian tribe.
• The Indian Child’s parent(s), Indian custodian and the child’s tribe must be properly notified of pending custody proceedings.  Child custody proceedings cannot proceed to hearing until at least ten court days after receipt of the notice by the parent(s), Indian custodian, and the tribe.