Implementation of the Act

Related resource: Indian Child Welfare Act PowerPoint

Guidelines and Regulations

In addition to the act itself (25 USC §§1901–1963), the federal legal framework of ICWA includes guidelines and regulations:

• The Bureau of Indian Affairs’ Guidelines for State Courts: Indian Child Custody Proceedings (44 Fed Reg §§67584 et seq) are intended to assist state courts in implementing ICWA, to interpret many of its provisions, and to provide procedures for enforcing it. California courts deem the federal guidelines authoritative and “entitled to great weight.” (See, e.g., Dwayne P. v Superior Court (2002) 103 CA4th 247, 255; In re Karla C (2003) 113 CA4th 166, 175.)
  
  
• The Federal Regulations on ICWA (25 CFR §§23.1 et seq) are fully binding on state courts. (See, e.g., 25 USC §§1918, 1952; 25 CFR §13.14.) The regulations most relevant to this course are:
  
• Definitions (25 CFR §23.2)
• Notice requirements (25 CFR §23.11)
• Designated tribal agents (25 CFR §23.12)
• Notice to BIA of adoption orders (25 CFR §23.71)