This week, in continued observance of National Adoption Month and National Native American Heritage Month, the Harris County Hainsworth Law Library is highlighting a key resource from our LexisNexis Digital eBook Collection designed to support legal professionals working with Native American children and their families: The Indian Child Welfare Act Handbook: A Legal Guide to the Custody and Adoption of Native American Children (Third Edition). Now fully revised (2018) and updated, this one-of-a-kind guide remains an essential reference for attorneys, judges, social workers, counselors, and others whose work intersects with child welfare and adoption law.
Enacted in 1978, the Indian Child Welfare Act (ICWA) was created in response to a troubling history of Native American children being removed from their families at disproportionately high rates and placed with non-Native households by state and private agencies. The law seeks to prevent these systemic removals by protecting the integrity of Native American families and ensuring that, when removal is necessary, placements reflect the child’s culture, traditions, and community. The ICWA’s impact extends far beyond reservations; its protections apply nationwide and have shaped child advocacy practices for more than four decades.
The third edition of The Indian Child Welfare Act Handbook offers a thoughtful and comprehensive examination of ICWA as it stands today, incorporating major developments since the previous edition. Of particular importance is the inclusion of the 2016 Department of the Interior regulations—issued for the first time pursuant to the Administrative Procedures Act—which significantly clarified and strengthened the Act’s procedural and substantive requirements. This handbook explores how those regulations have influenced ICWA practice and provides guidance for compliance and litigation strategy.
Legal practitioners will also find detailed analysis of recent case law from state and federal courts, including hundreds of new decisions and only the second U.S. Supreme Court case (at time of publication in 2018) to interpret the ICWA. The authors note the emergence of state-level ICWA laws that expand upon federal protections, demonstrating a growing recognition of the importance of culturally responsive child placement and tribal sovereignty.
To support practitioners, the handbook provides:
A thorough history and foundation of ICWA
Application guidance and coverage of the Act’s provisions
Information on jurisdictional issues
Detailed procedural requirements
Placement preferences and standards
Collateral challenges to ICWA determinations
Insight into ICWA program funding
The appendices further enhance its utility by including federal implementation guidelines, relevant state codes and court rules, a listing of recognized Indian entities eligible for services from the Bureau of Indian Affairs, and sample forms that may be used in ICWA proceedings.
Together with Contested Adoptions: A Lawyer’s Guide to All Sides, which we highlighted earlier this week, The Indian Child Welfare Act Handbook forms part of a powerful set of resources for attorneys working in adoption and child welfare. Where Contested Adoptions provides a broad legal and procedural framework—including an introduction to ICWA—the handbook offers a focused, in-depth analysis of the Act’s application and impact on Native American children and communities.
By exploring both resources, legal practitioners can deepen their understanding of not only adoption litigation generally but also the cultural and legal considerations essential to serving Native American children responsibly and lawfully. In doing so, we honor both National Adoption Month and National Native American Heritage Month, supporting informed practice and equitable outcomes for all families.
If you’re interested in accessing The Indian Child Welfare Act Handbook or Contested Adoptions, please contact the Harris County Hainsworth Law Library reference staff for assistance with our digital collection.