The Indian Child Welfare Act (ICWA): Where we’ve been, where we’re headed, and where we need to go

Linjean, Meschelle; Weaver, Hilary N.

doi:10.1080/15548732.2022.2131696

Journal of Public Child Welfare

2022

DOI: 10.1080/15548732.2022.2131696

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The Indian Child Welfare Act (ICWA): Where we’ve been, where we’re headed, and where we need to go

Meschelle Linjean

Hilary N. Weaver

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Cited by 4 publications

(1 citation statement)

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“…Whereas pre-ICWA practices forcibly and coercively removed Indian children without consulting tribal governments, ICWA supports tribal selfdetermination and limits state power over Indian children (Wilkinson 2006). It acknowledges tribal jurisdiction over child welfare cases involving Indian children and affirms tribal governments as parens patriae with authority over foster, pre-adoptive, and adoptive placements and over the termination of parental rights for citizen children (Linjean and Weaver 2022). Like other federal Indian policies of the late twentieth century, ICWA involves a government-to-government relationship between tribes and federal authorities.…”

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Administrative Burden and the Reproduction of Settler Colonialism: A Case Study of the Indian Child Welfare Act

Brown

2023

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H a na e. brow nThe Indian Child Welfare Act of 1978 (ICWA) sought to end the forced removal of Native children from their tribes. Decades later, American Indian children are still placed in foster and adoptive care at disproportionately high rates. Drawing on forty years of archival data, this study examines the role of administrative burden in reproducing these inequalities and the system of domination from which they arise: settler colonialism. Focusing on three arenas-notice, meeting and hearing involvement, and foster family certification-this article illuminates the burdens imposed on tribal governments that serve as mediating institutions in ICWA implementation. Findings suggest that burdens have particularly strong consequences for inequality when they fall on third-party organizations. They also demonstrate how administrative burden operates as a mechanism for the reproduction of settler-colonial domination.

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Administrative Burden and the Reproduction of Settler Colonialism: A Case Study of the Indian Child Welfare Act

Brown

2023

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“So, we’ve been taken away since forever”: Indigenous Relative Caregivers’ Experiences as a Framework for Uncovering Coloniality in the Child Welfare System

Waubanascum,

Sarche

2023

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This study examines to the gravity of the ongoing removal and separation of Indigenous children from their families and nations, the reality of coloniality in the child welfare system, the glaring absence of Indigenous voices and their distinct experiences in the empirical child welfare literature, and dearth of studies that implement Indigenous methodologies. Grounded in Indigenous Storywork methodology, this qualitative study sought to understand (10) Indigenous relative caregivers’ experiences with the child welfare system. Findings identified specific forms of colonial violence inflicted upon Indigenous children and families by the child welfare system, such as ongoing removal and separation, as vehicles for colonization and assimilation. Relative caregivers also exposed how the child welfare system continues to impose the modern colonial gender system, continuing a legacy of government sponsored civilizing educations programs to assimilate through racializing and genderizing Indigenous families to justify violence and maintain power and control. Relatives’ lived experiences provide a framework for uncovering coloniality in child welfare in relation to continued control over family and gender.

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Dismantling Structural Racism in Child and Adolescent Psychology: A Call to Action to Transform Healthcare, Education, Child Welfare, and the Psychology Workforce to Effectively Promote BIPOC Youth Health and Development

West

Conn

Preston

et al. 2023

Journal of Clinical Child & Adolescent Psychology

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The Indian Child Welfare Act (ICWA): Where we’ve been, where we’re headed, and where we need to go

Cited by 4 publications

References 23 publications

Administrative Burden and the Reproduction of Settler Colonialism: A Case Study of the Indian Child Welfare Act

Administrative Burden and the Reproduction of Settler Colonialism: A Case Study of the Indian Child Welfare Act

“So, we’ve been taken away since forever”: Indigenous Relative Caregivers’ Experiences as a Framework for Uncovering Coloniality in the Child Welfare System

Dismantling Structural Racism in Child and Adolescent Psychology: A Call to Action to Transform Healthcare, Education, Child Welfare, and the Psychology Workforce to Effectively Promote BIPOC Youth Health and Development

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