How does ICWA define the “extended Indian family”?
The Indian Child Welfare Act directs that extended family member be defined by reference to the law or custom of the tribe, so an examination of the tribe’s code of laws or other resolutions passed by the tribal governing body is in order to assure that the tribe’s definition of the term is utilized. In determining customary practices, inquiry should be made with the Tribal Child Welfare office or elders associated with the tribe. Relevant literature produced by tribal members or others associated with the tribe may be another source of information. In the absence of a governing tribal definition, the federal laws define the term as an adult person who is a grandparent, sibling, aunt or uncle, niece or nephew, brother or sister-in-law, first or second cousin, or stepparent.
