Understanding ICWA and Celebrating Native American Culture
The history of the indigenous peoples of North America is a complex story, often told from the perspective of European settlers. It’s important to keep perspective in mind. To understand the history of the individual and collective experiences of Native Americans, both past and present, is to recognize that it is a story full of hardship, grief, trauma, and forced assimilation. With that, also comes a deeply rich story of pride, community, spirituality, love, and resilience.
When Europeans first colonized land in North America, they brought with them disease and conflict. The indigenous people fought to protect their land, livelihood, and families. The outcome of that conflict resulted in nearly 90% of the native people being killed, and the survivors being left to displacement. Once displaced, Native Americans were faced with harsh living conditions, on land they could not cultivate.
As settlements grew and the US government established itself, boarding schools were founded and Native American children were forcibly taken from their families, from their tribes and everything familiar to them. To be clear, these boarding schools supported the US government’s goal of a forced assimilation policy (PBS, 2023).
A secondary outcome from these boarding schools is that Native children were placed in foster homes and ultimately adopted out to white, middle-class families. The documentary, Daughter of a Lost Bird, provides an incredible insight into the reality and the true extent of trauma experienced by Native American children and families: https://www.pbs.org/video/america-reframed-daughter-of-a-lost-bird-indigenous-adoption/.
So, where does that leave things today? The Indian Child Welfare Act (ICWA) was established in 1978 in response to large numbers of American Indian and Alaska Native children being separated from their families and communities (https://www.nicwa.org/about-icwa/). ICWA requires Social Workers to make several considerations when handling an ICWA case, including:
- Providing active efforts to the family;
- Identifying a placement that fits under the ICWA preference provisions;
- Notifying the child’s tribe and the child’s parents of the child custody proceeding; and
- Working actively to involve the child’s tribe and the child’s parents in the proceedings.
Though ICWA is complex, and not free of criticism, the overall goal is meant to safeguard both Native American children and Native American culture. ICWA recognizes the wrongdoings of the US government in the engagement of forced assimilation. While it does not fully compensate for the injustices done to Native Americans, it has played a vital role in preserving culture by prioritizing the placement of Native children in care with Native families.
At Stanford Sierra Youth & Families, we value compassion, equity, excellence, honor, integrity, and partnership. When we engage and support ICWA cases, we do so with these core values guiding our approach. We recognize the historical and ongoing systemic inequities faced by Native American communities. We strive for excellence as we honor the culture and families of our Native American children.
Lastly, we work with integrity and partnership alongside Native tribes to provide Native American children in care with the opportunity to stay connected to their culture, family, and identity. ICWA exists because harm was done to a group of people who lost more than just culture. The loss experienced became a ripple effect, felt through generations. ICWA provides a path to protect the culture and children of the Native American people.
Sources:
PBS: Native American History (2023); https://www.pbs.org/articles/native-american-history-documentaries-about-residential-schools-and-forced-adoptions
National Indian Child Welfare Association; https://www.nicwa.org/about-icwa/