Child Protection Investigation Specialist (CPIS) Practice Exam

What type of law does the Indian Child Welfare Act enforce?

1. State law

2. International law

3. Tribal law

4. Federal law

The correct answer is: Tribal law

The Indian Child Welfare Act (ICWA) primarily enforces federal law. It was enacted in 1978 to address the high rates of Indian children being removed from their families and placed in non-Indian foster and adoptive homes. The law seeks to promote the stability and security of Indian tribes and families by establishing standards for the placement of Indian children in foster or adoptive homes, thus prioritizing the child's connection to their tribal heritage. Moreover, the ICWA applies to child custody proceedings involving Indian children and ensures that tribes have jurisdiction over such cases, which reinforces tribal sovereignty. Through these measures, ICWA aims to preserve the family structure and cultural identity of Native American children. Understanding the nature of ICWA as a federal law clarifies its significance in the broader context of child protection and the unique legal status of tribal entities in relation to state and federal governments. While tribal law is certainly an important aspect of indigenous governance, in this case, it is the federal law underpinning ICWA that governs the procedures and rights surrounding the welfare of Indian children.