The Indian Child Welfare Act (ICWA)

The Indian Child Welfare Act was passed in 1978 to “‘promote the best interests of Indian children and promote the stability and security of Indian tribes’” (“Indian Child”). Congress gave tribal courts exclusive control over the adoption and custody of Indian children who live in their tribes’ reservations to prevent the practice of Indian children being removed from their homes (“Indian Child”). Even though some suggest the ICWA is racist and increases the risk of child abuse, the law should remain in place with no significant changes because it helps children’s mental health by connecting them to their culture.

The ICWA connects Native children to their culture, although opponents suggest that it is racist. According to Rebecca Clarren,

author of “Our Children Have a Bounty on their Heads”, studies have shown that Native youth have better grades and are more likely to attend college when they are connected to their tribes and traditions. The connection to their culture gives Indian children a better chance at succeeding in life rather than of they were placed with non-Indian families and they know they are different than all the other kids their age but they don’t know why. Their differentness lowers their self confidence, so they will not be motivated to do well in school. However, opponents argue that the ICWA is racist. Rusty and Summer Page’s foster daughter, Lexi, was taken away from their home in California and sent to live on a reservation in Utah, solely because Lexi is 1.5 percent Choctaw Indian (Dynar). Lexi’s connection to her native culture will actually give her a sense of pride which will contribute to her confidence in her abilities. She will be motivated to work harder in school with her confidence. The ICWA may have seemingly racist tendencies, but it ultimately helps children get better opportunities in the long run.

The ICWA also helps children’s mental health; however, many argue that sending children to live with Indian families they are not related to increases their risk of abuse. Studies show that “growing up separated from one’s culture and have deleterious effects, including an increased risk of depression, substance abuse, and suicide” (Dewan). When Native youth grow up away from their heritage, they do not know what their heritage actually is. All they know is they are different from the other kids, which harms their mental health. If they grow up involved in their culture they will know where they come from and have a better state of mind. Despite this, opponents argue that child abuse is more prominent in Native American communities: “The rate of child abuse among Native Americans is twice as high national average” (Schaefer Riley). This may be true, but abuse has the same effects mentally on the children as being separated from their culture. And, if they are sent to live on the reservations of their families, they will have a more loving environment than if they are placed with random foster families and less chance of abuse. Native Americans may have a higher risk of abuse, but being separated from their biological families has a worse effect.

The ICWA should remain in place with no significant changes even though some suggest it is racist and increases the risk of child abuse. The ICWA connects Indian children to their culture and gives them a sense of pride in it. The connection and pride ultimately helps their mental health, and it will help children succeed in school and later in life.