§59.08 Indian Child Welfare Act of 1978 (Icwa)

• Jurisdiction: Washington

§ 59.08 INDIAN CHILD WELFARE ACT OF 1978 (ICWA)

In 1978 Congress enacted the ICWA, 25 U.S.C. §§ 1901-1963, to address the "alarmingly high percentage of Indian families . . . broken up by . . . removal," by setting minimum procedural and substantive standards. 25 U.S.C. § 1901(4). The corresponding Washington State Indian Child Welfare Act, Chapter 13.38 RCW, adopted in 2011, provides similar protections. (See In re Dependency of A.L.K., 196 Wn.2d 686, 478 P.3d 63 (2020), in which the court found that the Indian Child Welfare Act of 1978 and the Washington State Indian Child Welfare Act, Ch. 13.38 RCW, were enacted to remedy the historical and persistent state-sponsored destruction of Native families and communities.) The ICWA applies to any action involving the custody of an Indian child, which includes...