Is the best-interest standard established by the ICWA the same as for non-Indian children?
ICWA promotes the best interests of Indian children by promoting long term connections to their families and Indian communities. ICWA presumes that it is in the best interest of Indian children to maintain a connection with their tribes. The two purposes of ICWA are “to protect the best interests of Indian children and to promote the stability and security of Indian tribes and families . . . .” (25 U.S.C. § 1902.) To protect the best interest of Indian children, the following objectives of the act should be considered: (1) jurisdictional provisions and intervention rights designed to enhance tribal control and involvement in Indian child custody cases, (2) the adoption of minimum federal standards for the removal of Indian children from their families, (3) the placement of Indian children in Indian homes, and (4) the support of tribal child and family service programs.
ICWA promotes the best interests of Indian children by promoting long term connections to their families and Indian communities. ICWA presumes that it is in the best interest of Indian children to maintain a connection with their tribes. The two purposes of ICWA are “to protect the best interests of Indian children and to promote the stability and security of Indian tribes and families . . . .” (25 U.S.C. § 1902.) To protect the best interest of Indian children, the following objectives of the act should be considered: (1) jurisdictional provisions and intervention rights designed to enhance tribal control and involvement in Indian child custody cases, (2) the adoption of minimum federal standards for the removal of Indian children from their families, (3) the placement of Indian children in Indian homes, and (4) the support of tribal child and family service programs. The Indian child has an interest in his or her tribe; therefore, Congress has sought to protect Indian children by imp
