Qualified Expert Witness (QEW) in ICWA: Overview for Attorneys

Qualified Expert Witness (QEW)

in ICWA: Overview for

Attorneys

Presented on February 26, 2021 to the

Child Protection Section of the Idaho Bar

Prepared by

Jack F. Trope, Sr. Director, Indian Child Welfare Programs

What is the Indian Child Welfare Act

Association on American Indian Affairs 1960-70s found:

Non-Native placements

10% 25%

65%

AI/AN Children in OUT OF HOME placement

All AI/AN Children

10% 90%

Non-Native Placement

Native placement

Indian Child Welfare Act (ICWA)

Federal child welfare law passed in 1978 ICWA pertains to Indian children in state child welfare

systems; it does not apply to children under tribal jurisdiction; families who currently live or have a permanent home on the reservation are subject to the Tribal Code, not ICWA Purpose of Act: address problems in state child welfare systems and to curtail state authority Adds federal standards to state child welfare law, but does not replace state law except where state law is inconsistent with ICWA

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ICWA

The acknowledgment of tribal sovereignty is one of the keys to understanding ICWA

Congress recognized the important role of tribes in protecting the well-being of Indian children and keeping children connected with their tribal community and culture

It also recognized that tribes have an interest in keeping children part of their communities if they are to survive and thrive in the future

Tribes get notice of all cases involving their children, can intervene as a party, and seek transfer of cases to Tribal Court

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