On November 8, 1978, the Indian Child Welfare Act, otherwise known as ICWA, became law. Congress enacted this groundbreaking legislation, the impact of which has been arguably more profound than any other piece of federal Indian law in the modern era. While recent national attention has highlighted the law's role in child custody and adoption…

This Senate hearing produced testimony on how the Indian Child Welfare Act of 1978 (ICWA) has been administered by government agencies and the courts. Three members of the Select Committee on Indian Affairs presented background information on the act's intent to confirm the tribe as the primary authority in matters involving an Indian child's…

Questions about the usefulness of the Indian Child Welfare Act of 1978 are raised in this paper, which emphasizes references to the federally recognized tribal governments of Montana. Part 1 presents an historical overview of the political status of American Indians, especially issues that have influenced federal and tribal attitudes toward Indian…