{"id":31972,"date":"2022-04-01T15:48:03","date_gmt":"2022-04-01T15:48:03","guid":{"rendered":"https:\/\/caseyfamilyv2.wpengine.com\/icwa-gold-standard\/"},"modified":"2026-05-13T18:59:27","modified_gmt":"2026-05-13T18:59:27","slug":"estandar-de-oro-de-icwa","status":"publish","type":"post","link":"https:\/\/www.casey.org\/es\/icwa-gold-standard\/","title":{"rendered":"\u00bfC\u00f3mo pueden los sistemas de bienestar infantil aplicar los principios de la Ley de Bienestar Infantil Ind\u00edgena (Indian Child Welfare Act) como el \u201cest\u00e1ndar de oro\u201d para todos los ni\u00f1os?"},"content":{"rendered":"
\n
\n\n \n \n \n \n

Summary<\/h3>\n

This brief outlines four core ICWA principles, providing practical examples and guiding questions to help agencies improve outcomes for all children and families.<\/em><\/p>\n<\/div>\n \n \n \n <\/div>\n<\/div>\n\n\n

\n
\n
\n \n <\/div>\n <\/div>\n<\/div>\n\n\n
\n
\n\n \n \n \n \n

The Indian Child Welfare Act (ICWA) was passed by Congress in 1978 to protect American Indian and Alaska Native (AI\/AN) children and families. Before ICWA, as many as one-third of all AI\/AN children were removed from their homes by state child welfare and private adoption agencies, and the vast majority of these children were placed outside of their families and communities. This mass family separation resulted in devastating losses of language, culture, and identity for individuals, families, and entire Tribes. ICWA was created to address this history and prevent further generational trauma.<\/p>\n

ICWA was ahead of its time in recognizing core values and principles of child welfare best practice by requiring active efforts to keep children safely in their homes and connected to their families, communities, and culture. This law does not affect all children \u2014 its provisions apply only in child welfare cases involving members of federally recognized Tribes, and the Tribes, per their sovereignty, have the ability to define membership. However, the values and spirit embedded in ICWA are critical to the well-being of AI\/AN children, youth, and families and should form the basis of child welfare practice for all.<\/p>\n

This brief describes four key principles inherent in ICWA, provides examples of these principles in practice, and offers questions for consideration to help agencies further explore how they should apply these principles to support the permanency and well-being of both Native and non-Native children, youth, and families.1<\/sup><\/a>,<\/sup>2<\/sup><\/a><\/p>\n<\/div>\n \n \n \n <\/div>\n<\/div>\n\n\n

\n
\n\n
Principle 1<\/span><\/div>\n \n

Children\u2019s right to their families and communities<\/h2>\n \n \n \n

ICWA specifically promotes children\u2019s right to be connected to their extended family, elders, community, and culture. Sheldon Spotted Elk, program director of tribal justice relations at the National Council of Juvenile and Family Court Judges, describes these connections as concentric circles. When children are situated within these circles, they naturally build resilience. Awareness of connectedness to family, community, and environment has been found to be a protective factor for American Indian and Alaska Native youth.3<\/sup><\/a><\/p>\n<\/div>\n \n \n \n <\/div>\n<\/div>\n\n\n

\n
\"\"<\/figure>\n<\/div>\n\n
\n
\n\n \n \n \n \n

<\/p>\n

In recognition of the importance of these connections, ICWA has a higher standard to prevent removal<\/b><\/span> of an Indian child from their families than other child welfare statutes \u2014 including a requirement that children may not be removed without the testimony of a culturally qualified expert witness, except in emergencies (narrowly defined as when a child is in danger of imminent harm). ICWA also governs placement decisions. When children must be removed from their homes, the law dictates that agencies and courts first consider placement with relatives or, if that is not possible, with other families within their Tribal community where they can remain connected to their culture and identity.<\/p>\n

<\/p>\n

For Adams County (Colo.) Children and Family Services, this sometimes means putting extra supports in place or working with a family member to resolve barriers to placement approval. In one case, when a close family friend could take some but not all of a sibling group of four, the agency was able to license a second friend and neighbor to keep the siblings connected. As in this instance, tribal definitions of family relationships should be acknowledged<\/b><\/span> in placement decisions whenever possible.\u00a0<\/span><\/p>\n

<\/p>\n

The Native Village of Barrow (Alaska) l\u00f1upiat Traditional Government Children\u2019s Code<\/span><\/a> explicitly recognizes children\u2019s right to family, extended family, and identity:<\/span><\/p>\n

<\/p>\n

A child has the right to learn about and preserve his identity throughout his life, including the right to maintain ties to his birth parents, his extended family and his village. A child has the right to learn about and benefit from tribal history, culture, language, spiritual traditions, and philosophy.<\/i><\/p>\n<\/div>\n \n \n \n <\/div>\n<\/div>\n\n\n

\n
\n
\n

In the Navajo view, the land, our language, and our way of life make us who we are. We want our children to stay within our people so we can help them be successful into the future.<\/p>\n<\/blockquote>\n

— Jonathan Nez, President, Navajo Nation<\/cite><\/figcaption>\n <\/div>\n\n <\/div>\n<\/figure>\n\n\n
\n
\n\n \n \n \n \n

The responsibility to support a child\u2019s identity in these ways is assigned to parents, extended family members, and the Tribe as a whole. When separation from birth parents is necessary, the code specifies that the preferred placement is l\u00f1uguq<\/i>, or placement with an extended family member. The word I\u00f1uguq<\/i> \u201crefers to a traditional Inupiat adoption process in which a child gains, but does not lose, a parent.\u201d \u00a0<\/span><\/p>\n

<\/p>\n

Implementation of ICWA requirements currently falls far short of achieving the statute\u2019s goal. AI\/AN children are still three times more likely to be removed<\/span><\/a> by state child welfare systems than non-Native children. While recognizing the particular urgency for AI\/AN children, child welfare agencies also can act on the knowledge that all children fare best when they can remain safely with their own families, and that when they must be removed from their homes, placement with relatives produces the best outcomes<\/span><\/a>.\u00a0<\/span><\/p>\n<\/div>\n \n \n \n <\/div>\n<\/div>\n\n\n

\n
\n\n \n \n \n \n

Questions to consider:<\/b><\/span><\/h3>\n

<\/p>\n