In many times if parties have been before the Court, they might have heard “ICWA”, which stands for the “Indian Child Welfare Act”. It has been in effect since 1978 and active at congress protecting Native American children.  It is regarding federally recognized Native American tribes.  There are additional protections for placement of Native Americans in foster or adoptive homes and prevention of the breakup of these families.

The recognized tribe must be notified immediately for the child to determine to qualify under the ICWA is placed in custody to the Department of Children and Families.  The number is (617) 748-2000 and it is the DCF, 24 Farnsworth Street, Boston, MA 02210.

It is a more complicated area as well, but it provides significant additional due process protections for members of a recognized tribe.