New Rule Will Require Judges To Ask About Child's Tribal Status

By Carrie Jung
Published: Wednesday, June 8, 2016 - 2:48pm

Family court judges will soon be required to ask whether a child is Native American as part of all foster care and adoption proceedings. It’s part of a new federal rule announced Wednesday.

The Interior Department said the new regulations are meant to strengthen the requirements of the Indian Child Welfare Act (ICWA) so that state courts implement the law more consistently.

Officials said determining facts like a mother and father’s tribal affiliation earlier in parental rights termination proceedings will increase the chances that a child is placed with extended family or other tribal members.

The rules will go into effect in December.

ICWA was passed by congress in 1978 after statistics showed Native American kids were separated from their families at disproportionately high rates. It’s also meant to ensure they aren’t unnecessarily separated from their cultural identity.

Associated Press contributed to this report.