How do socio-economic conditions factor into placement?
The Indian Child Welfare Act states that the standards to be applied in meeting the ICWA placement preference requirements shall be the prevailing cultural standards of the Indian community in which the parent or extended family resides or with which the parent or extended family members maintain social and cultural ties. Under ICWA case law, a state agency cannot refuse to approve placement of an Indian child within the tribal community because of preconceived notions about whether conditions within the tribal community are adequate. If the tribal social services agency approves a specific placement, that should end the inquiry about the physical adequacy of the home.
