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South Dakota Department of
Tribal Relations
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Indian Child Welfare Act (ICWA)

What is ICWA?

ICWA stands for Indian Child Welfare Act. (25 U.S.C. § 1901, et seq.) ICWA is a multifaceted statute including provisions addressing:

This act implements the federal government's trust responsibility to tribes by protecting and preserving the bond between Indian children and their tribe and culture. Congress passed ICWA to address concerns of Indian children who were being removed from their homes and being placed with non-Indian families.

Learn More

National Indian Child Welfare Association

SD Department of Social Services - Division of Child Protection Services

 

Imeplementation of ICWA in South Dakota

Bills Passed During the 2005 Legislative Session

HB 1226 – An Act to establish certain notice provisions related to the custody and placement of Indian children. 

SB 12 – An Act to provide a preference for placement of abused and neglected children with relatives and to provide a hearing for review of adoptive placement decisions.

 

Bills Passed During the 2006 Legislative Session

HB 1051 - An Act to revise certain provisions regarding notice to a tribe of a child custody proceeding subject to the Indian Child Welfare Act.

 

State-Tribal ICWA MOUs

Indian Child Welfare Act in South Dakota