Examining Foster Care Outcomes for American Indian Children in the Context of the Indian Child Welfare Act

Abstract

The history of the child welfare system and related institutions with American Indian children and families has been marked by numerous atrocities, including unnecessary separations, assimilation, and trauma. The Indian Child Welfare Act (ICWA) was enacted in 1978 to promote the stability and security of American Indian tribes and families. For children involved in the child welfare system, ICWA prioritizes the placement of American Indian children with family or tribal members. This paper examines placement outcomes for American Indian children using recent national data over 3 years from the Adoption and Foster Care Analysis and Reporting System. Multivariate regression analyses showed that American Indian children were significantly less likely to be placed with same-race/ethnicity caretakers than their non-American Indian counterparts. In addition, American Indian children were not more likely to be placed with relatives or have trial home placement compared to non-American Indian children. These findings suggest that ICWA is not reaching its intended objectives regarding placement goals specified in the law regarding American Indian children. These policy shortcomings have significant implications for American Indian children, families, and tribes in terms of well-being, family connection, and cultural loss.

Commentary: The Legal System Response to Child Maltreatment

“…States that utilized universal mandated reporting saw slightly lower rates of reporting than states that did not utilize universal reporting, but universal reporting states saw higher rates of screening in and substantiation. Francis et al, (2023) examined foster care outcomes for Indian children with reference to the federal Indian Child Welfare Act (ICWA), which defines an "Indian child" as a child whose parent is a member of a tribe and who is themselves eligible for tribal membership. It is important to note that a child may have significant Native American heritage yet not be eligible for ICWA's protections.…”