The Washington Indian Child Welfare Act (WICCA) Notice is a legal document issued by the Washington State Department of Social and Health Services to inform Native American families of their rights and obligations under the WICCA. This notice is sent to Indian parents, guardians, and custodians when a child is being removed from their care due to alleged abuse or neglect. The notice outlines the Indian Child Welfare Act (IOWA) standards that must be followed, including the involvement of the tribe in the child’s placement and the right to intervene in court proceedings. It also includes information about tribal representatives who can provide assistance, and a list of services available to the family. There are two types of WICCA notices: a Removal Notice and a Placement Notice. The Removal Notice is issued when the state is removing a child from a home, and the Placement Notice is given when the child is being placed in out-of-home care.
Washington Indian Child Welfare Act Notice
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The Supreme Court is expected to reach a decision regarding the ICWA by June 2023. It is not certain that they will uphold this act, which means that Native American communities could face further scrutiny.
The Indian Child Welfare Act (ICWA) (25 U.S.C. §§ 1901 et seq.) is federal legislation which establishes minimum federal standards for state court child welfare proceedings and many other ?child custody? proceedings involving Indian children.
ICWA requires that states place Indian children in foster care first with their extended family. If this is not possible, placement should be with a foster family licensed or approved by the child's tribe.
Code, §§1459.5(a), 1516.5(d); Rule 5.480) ICWA applies to any state court case involving an Indian child that may result in a voluntary or involuntary foster care placement; guardianship placement; custody placement under Family Code section 3041; declaration freeing a child from the custody & control of one or both
Who is an Indian Child under the ICWA? An Indian child is an unmarried person who is under age eighteen and is either (a) a member of an Indian tribe or (b) is eligible for membership in an Indian tribe and is the biological child of a member of an Indian tribe . . . . 25 U.S.C. 1903(4).
For additional questions, please email the CAN Unit at CANhistorychecks@dcyf.wa.gov or call us at 1-800-998-3898, option 1. For public child welfare agencies seeking CAN information as part of an open CPS or child welfare investigation on the parent(s) or caregiver(s) who previously resided in Washington State.
All states must maintain records of every involuntary and voluntary foster care, preadoptive, and adoptive placement of an Indian child and make the record available within 14 days of a request by an Indian child's tribe or the Secretary of the Interior.
Placement Provisions of ICWA No removal of an Indian Child (away from the biological parents, adoptive parents, or Indian custodian) can be made without: Active efforts to preserve the family through remedial and rehabilitative services designed to prevent the breakup of the Indian family.