Uniform Law Commission issues model ICWA law
If enacted, the proposal would require stronger active efforts and more reunification opportunities for tribal families in child welfare cases
On July 15, the Uniform Law Commission, which drafts and promotes the enactment of consistent state laws, released a nonbinding model law for states that updates and clarifies child welfare protections for tribal children and families, according to reporting from The Imprint. It is a template for states without their own Indian Child Welfare Act laws.
Seventeen states have enacted stronger ICWA laws, but compliance is inconsistent nationwide. Domingo DeGrazia, ICWA supervising attorney for the Pascua Yaqui Tribe, said inconsistent interpretation has created a patchwork that can hinder advocacy.
If enacted, it would require stronger active efforts by social workers, including prioritizing tribal kin and more reunification opportunities. In Arizona, a judicial committee is evaluating a potential ICWA law and likely will incorporate the finalized model, a Department of Child Safety spokesperson said.
Final language will be released publicly in October.
- 1.New Guidance for State Laws Supporting Indian Child Welfare Act. The Imprint, .
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