The purpose of the Indian Child Welfare Act (ICWA) is to preserve and strengthen Native American families and culture. The ICWA attempts to accomplish that purpose by creating a legal preference for the placement of Native American children in Native American homes.

Preferences for Foster Care and Pre-adoption Placement

In a state court proceeding involving foster care or pre-adoption placement of a Native American child, the child must be placed with:

(1) A member of the child's extended family; or

(2) A foster home approved by the child's tribe; or

(3) A licensed Native American foster home; or

(4) An institution for children approved by the child's tribe.

The ICWA requires a court to follow the list in order of preference unless the court shows good cause for a different manner of placement.

Preferences for Adoption

In an adoption proceeding involving a Native American child, the child must be placed with:

(1) A member of the child's extended family; or

(2) Other members of the child's tribe; or

(3) Other Native American families.

A court must show good cause in order to deviate from the list.

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