The Indian Child Welfare Act (ICWA),
passed in 1978. It is only one of several pieces of legislation
enacted over the course of many years to honor treaties and
agreements between the U.S. government and Native American, Alaskan
Indians to protect the interests, safety, and well-being of the
tribes and individual Indians, The considerations required by ICWA
and other pieces of legislation to protect American Indians or
native Alaskans are based on tribal sovereignty and the
jurisdiction that tribes have as governments interfacing with the
U.S. government.
Guidelines have been put into place to assure
that protections under the Indian Child Welfare Act (ICWA) are
provided to American Indian and Native Alaskan children and their
families who are members of, or eligible for membership in
federally recognized tribes. To follow the guidelines set by Indian
child Welfare Act in Ohio one could go to: http://emanuals.jfs.ohio.gov
and link with the Family, children and adult services site and
review OAC rules 5101:2-53-01 through 5101:2-53-08 and procedure
letter #162. This procedure letter outlines in a question and
answer form who is eligible and how one is made eligible for
American Indian/Alaskan Native tribal membership. When a child is a
member of a tribe and is requiring services due to a child welfare
agency's involvement with the family.