Exploring Indian Child Welfare Act implementation and case outcomes

Abstract

Despite the passage of the Indian Child Welfare Act (ICWA) more than four decades ago, little is known about how or how well it is being implemented into practice by the state courts or how implementation may be related to improved outcomes for Indian children and families. This study explores how ICWA implementation in five state court sites is related to case outcomes. One hundred and fifty-one ICWA cases were reviewed for factors including active efforts findings, tribal presence at hearings, use of qualified expert witness (QEW) testimony, notice, and confirmation of ICWA status. Results are mixed. Specific ICWA implementation measures and aggregate measures were mostly not related to outcomes, but early implementation, such as having the tribe present at the first hearing, did appear related to timely permanency. Implications of these findings and future research directions are discussed.