Indian Child Welfare

ᎠᏂᏴᏫᏯ ᏗᏂᏲᏟ ᏗᏂᏍᏕᎵᏍᎩ

ᎠᏲᏟ ᏗᏍᏕᎸᏙᏗ ᎢᏗᏓᏛᏁᏗ

Frequently Asked Questions

If an Indian child is removed by the State, will that child be in the custody of the State?

Children removed by a State agency are placed in the custody of that particular state, however, it the child is Indian the tribe as concurrent jurisdiction with the state.

Can the family being investigated request that Cherokee Nation Indian Child Welfare do the investigation instead of the State?

 Yes. According to federal and most states laws, the prospect for relative placement must be explored immediately upon the child entering the custody of the state and if a feasible relative placement is found the state must place the child in the home of a relative exclusive to all other placements. 

If the State is investigating an Indian family how will Cherokee Nation Indian Child Welfare know the family is being investigated?

The State is required by law to provide Cherokee nation Indian Child Welfare with all information regarding the investigation of a Cherokee child. 

Can the state place a child with relatives?

Yes. According to federal and most state law, the prospect for relative placement must be explored immediately upon the child entering the custody of the state and if a feasible relative placement is found the state must place the child in the home of a relative exclusive to all other placements.

Will the state place an Indian child in a non-Indian foster home?

Federal law requires an Indian child be placed in an ICWA compliant placement. If there is not an available ICWA compliant placement at the time of the child being removed the child could be placed in a Non ICWA compliant placement on a short term basis for the safety of the child. The state must continue to seek placement in an ICWA compliant home as soon as possible and the child will be relocated to that home once it is identified.

A neighbor abused my child who do I call?

You should call the local law enforcement agency. Law enforcement is responsible for the investigation of child abuse when the perpetrator is someone other than the legal caretaker or parent as this falls under criminal prosecution.