Home
Child Protective Services
  • Make A CPS Report
  • Access
  • Initial Assessent
  • Ongoing Case Management
Foster Care
  • Foster Care Information
  • Foster Care FAQ's
Youth Justice
  • Youth Justice Overview
  • YJ Forms and Resources
Other
  • Contact Us
  • Request Records
  • Indian Child Welfare Act
  • Other Resources
Home
Child Protective Services
  • Make A CPS Report
  • Access
  • Initial Assessent
  • Ongoing Case Management
Foster Care
  • Foster Care Information
  • Foster Care FAQ's
Youth Justice
  • Youth Justice Overview
  • YJ Forms and Resources
Other
  • Contact Us
  • Request Records
  • Indian Child Welfare Act
  • Other Resources
More
  • Home
  • Child Protective Services
    • Make A CPS Report
    • Access
    • Initial Assessent
    • Ongoing Case Management
  • Foster Care
    • Foster Care Information
    • Foster Care FAQ's
  • Youth Justice
    • Youth Justice Overview
    • YJ Forms and Resources
  • Other
    • Contact Us
    • Request Records
    • Indian Child Welfare Act
    • Other Resources
  • Home
  • Child Protective Services
    • Make A CPS Report
    • Access
    • Initial Assessent
    • Ongoing Case Management
  • Foster Care
    • Foster Care Information
    • Foster Care FAQ's
  • Youth Justice
    • Youth Justice Overview
    • YJ Forms and Resources
  • Other
    • Contact Us
    • Request Records
    • Indian Child Welfare Act
    • Other Resources

Indian Child Welfare act (ICWA)

The Indian Child Welfare Act (ICWA) is a federal law enacted by Congress in 1978 with the intent 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).  

Wisconsin Indian Child Welfare act (wicwa)

The Wisconsin Indian Child Welfare Act (WICWA) was signed into state law on December 7, 2009 with the intent to clarify the law and improve compliance in Wisconsin.

Why do we have the Indian Child Welfare Act (ICWA) and the Wisconsin Indian Child Welfare Act (WICWA

 

  • ICWA and WICWA are based on the political status of tribal governments. As sovereign nations, they have a unique government to government relationship with the United States. 
  • ICWA was passed to address the alarmingly high rate of separation of Indian families with the intent 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).
  • The Association on American Indian Affairs completed two studies and released finding in 1969 and 1974 that included the following
    • 25-35% of all Indian children were separated from their families by state social service departments and placed in foster homes, adoptive homes or institutions.
    • 85% of all Indian children in foster homes were in non-Indian homes.
    • In Wisconsin, Indian children were approximately 1600 times more likely to be removed from their home than non-Indian children.
  • The separation of Indian children from their families had a significant impact on their wellbeing such as
    • Cross-racial adoptions have a high likelihood creating a severe identity crisis in Indian children as they become adolescents (Matheson, 1996 - NRCFCPP)
    • Indian youth have the highest rate of suicide of any population in the nation (NICWA fact sheet)
    • Suicide rate can be directly linked to children having been raised outside of their own cultural system (Matheson, 1996 – NRCFCPP)

Wisconsin Indian Child Welfare Act (WICWA) Requirements

 

  • ICWA and WICWA outlines many requirement such as:
    • Notification to tribes and parents of Indian Child Custody Proceedings
    • Legal representation for parents and Indian custodians
    • Active efforts to prevent an out-of-home placement and to reunify the Indian family.
    • Any out-of-home placement of an Indian child follows the placement preferences, as outlined by ICWA and WICWA
    • Qualified Expert Witness testimony is required for out-of-home placement and involuntary Termination of Parental Rights* (TPR)
    • Voluntary proceedings must be signed and executed in front of a judge. They are not valid prior to or within 10 days after birth.

Copyright © 2025 Jackson County Children and Families  - All Rights Reserved.

Powered by

This website uses cookies.

We use cookies to analyze website traffic and optimize your website experience. By accepting our use of cookies, your data will be aggregated with all other user data.

Accept