State Court ICWA Cases

NEW March 2017!  As an ICWA worker, you may have a client with questions immediately after their child has been removed by OCS.  Alaska Legal Services has developed a brochure that may answer some of the emergency questions: "KNOW YOUR RIGHTS: OCS Just Removed My Child, the First 24 Hours"

A child's Tribe has the right under ICWA to intervene in Child In Need of Aid (CINA) cases.  To intervene in a state court CINA case, this packet may be used:
Intervention Information

ICWA directs state courts to place Native children in relative homes whenever possible, and in Native homes when there are no relatives available.  For resources to help advocate for ICWA-compliant placements, click here:  Child In Need of Aid Placement Preferences

When reunification is not successful in CINA cases, the state will usually try to arrange for children to be adopted by their foster families. For information about adoption of foster children in state court, click here: 
Adoption information--State Court

The United States Supreme Court has only considered ICWA two times in history.  For information about the Court's 2013 decision in the Baby Veronica case, which affected the rights of unwed fathers, click here: Baby Veronica Case Information


This project was supported by Grant No. 2015-AL-BX-0001 awarded by the Bureau of Justice Assistance. The Bureau of Justice Assistance is a component of the Department of Justice’s Office of Justice Programs, which also includes the Bureau of Justice Statistics, the National Institute of Justice, the Office of Juvenile Justice and Delinquency Prevention, the Office for Victims of Crime, and the SMART Office. Points of view or opinions in this document are those of the author and do not necessarily represent the official position or policies of the U.S. Department of Justice.