The
Indian Child Welfare Act (ICWA) was enacted in 1978 and was designed to protect
American Indian and Alaska Native children and families from child welfare
practices that disregarded their culture. 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 American Indian and Alaska Native
tribes to protect the interests, safety, and well-being of the tribes and
individual Indians. The regulations required by ICWA and other pieces of
legislation to protect American Indians and Alaska Natives are based on tribal
sovereignty and the jurisdiction that tribes have as governments interfacing
with the U.S. government.
Upon enactment of ICWA, guidelines were established to
assure that protections under ICWA are provided to American Indian and Alaska
Native children and their families who are members of, or eligible for
membership in federally recognized tribes. In 2016, the guidelines were
reviewed and updated, and were codified in the Federal Register. Ohio subsequently incorporated these federal
regulations into Chapter 5101:2-53 of the Ohio Administrative Code. Rules 5101:2-53-01 through 5101:2-53-09 can be
accessed at the following link: ODJFS
eManuals > Families and Children > Family, Children and Adult Services
Manual > Social Services (ohio.gov).