Indian Child Welfare (ICW)

The Indian Child Welfare Act (ICWA) was passed in 1978 in response to a crisis affecting American Indian and Alaska Native children, families, and tribes. Studies revealed that large numbers of Native children were being separated from their parents, extended families, and communities by state child welfare and private adoption agencies.

Congressional testimony documented the devastating impact this was having upon Native children, families, and tribes. The intent of Congress under ICWA was to “protect the best interests of Indian children and to promote the stability and security of Indian tribes and families” (25 U.S.C. § 1902).

ICWA sets federal requirements that apply to state child custody proceedings involving an Indian child who is a member of or eligible for membership in a federally recognized tribe.

• Providing active efforts to the family;
• Identifying a placement that fits under the ICWA preference provisions;
• Notifying the child’s tribe and the child’s parents of the child custody proceeding; and
• Working actively to involve the child’s tribe and the child’s parents in the proceedings.

Because these added protections address not only specific systems abuses directed at Native children—but also their unique political status and cultural considerations—ICWA has been labeled “the gold standard” of child welfare policy by experts and national leading child advocacy organizations far beyond Indian Country. Specifically, the measures ICWA takes to keep Native children in relative care whenever safe and possible have since become a best practice in the wider field of child welfare, and increasingly codified into state and federal law for the wider population.

Divorce custody matters are not a part of the Indian Child Welfare Act.  For more information on the Indian Child Welfare Act, please visit http://www.nicwa.org.

What is child abuse?
Child abuse is defined by law as harm or threatened harm to a child’s health and welfare through acts or neglect by the child’s parent(s), legal guardian or caretaker.

• Physical Abuse: non-accidental physical injury to a child under the age of 18.
• Physical Neglect: failure to provide a child under the age of 18 with basic needs such as food, clothing, shelter, medical care, educational opportunity, protection or supervision.
• Sexual Abuse: sexual exploitation of a child or adolescent for the gratification of the perpetrator or another person.
• Psychological Maltreatment: rejecting, terrorizing, isolating, exploiting, corrupting, and/or denying emotional responsiveness.

Who is required to report child abuse? 
Federal, Tribal and State law requires EVERY PERSON, whether private citizen or professional, with reasonable cause to believe that a child under 18 is being abused or is in danger of being abused, to report the suspicion of abuse. Reports can be made to the Department of Human Services (DHS) in the county where the child resides or to a statewide hotline number designated for such a purpose.

When should someone report child abuse?
A report should be made when there is reasonable cause to believe that a child or adolescent has been abused or neglected or is in danger of being abused. A report of suspected abuse is only a request for an investigation. The person making the report does not need to prove the abuse prior to making the report. Investigation and validation of child abuse reports is the responsibility of child protective services. If additional incidents of abuse occur after the initial report has been made, the reporting party should contact child protective services again.

How should an abuse report be made? 
A report can be made to any county office of the Department of Human Services. Child abuse can also be reported 24 hours per day, seven days per week by calling the statewide child abuse hotline.

Statewide Child Abuse Hotline: 800-522-3511

You can also contact The Eastern Shawnee Tribe’s Indian Child Welfare Department using the number listed below.

Foster Care

Every year, a quarter of a million children come into foster care in this country. Many of them will be placed in group homes or other group residential settings because there are simply not enough foster families to care for all of the children.

Foster parents play a critical role in helping children heal. They show children stability and teach them life lessons that last a lifetime—and potentially affect future generations.

If you are interested in learning more about becoming a tribal or state foster care parent please come by our office location listed in the information below.

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