When a state court decides to remove tribal children from their family, place them in foster care, or terminate their parents’ rights, the Tribe has a right to be a party to those cases and to advocate for the child’s best interests. The Indian Child Welfare Act (ICWA) affords tribal children the right to be placed with family, whenever possible, and to retain their cultural identity. ICWA applies to state Child in Need of Aid (CINA) cases as well as to adoptions, guardianship, and petitions for custody by non-parents.
Adoptions, Guardianship, and Third-Party Custody Child in Need of Aid (CINA)