ICWA Facts and Fiction is a new publication of the National Council of Juvenile and Family Court Judges (NCJFCJ). Visit the NCJFCJ website for a copy of this resource published in December, 2013. See also other related NCJFCJ publications.
The Tribal Judicial Leadership Group, coordinated by the NCJFCJ and Casey Family Programs, and comprised of tribal and state court judges, identified the need to dispel common misconceptions and misunderstandings around the Indian Child Welfare Act (ICWA). Included in this document are common misunderstandings, facts, recommended practices, and statutory references surrounding application, notice, membership, intervention, transfer, active efforts, best interests, qualified expert witnesses, and placement. This structure is meant to allow users to jump to issues of particular concern in their jurisdictions, but can also be reviewed as a whole. The goal of this publication is to improve compliance with ICWA and assist judges in fulfilling its mandates.