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.