If a DFPS lawsuit involves a Native American child, the Indian Child Welfare Act (ICWA) may apply. If so, the legal requirements change dramatically.

See 5740 The Indian Child Welfare Act (ICWA).

While ICWA requirements do not apply in every case, the caseworker must inquire about Native American history in every case.

The caseworker must ask available parents, relatives, and children who are old enough to be interviewed if there is any family history connected to a Native American tribe. The caseworker must document the responses by individual family members, whether a Native American history is reported or denied, and be prepared at every hearing to respond to the court’s inquiry about the family history and identity of any tribes.

If there is any indication that a child may have a family member or ancestor affiliated with a tribe, the caseworker must follow ICWA policies at 5740 The Indian Child Welfare Act (ICWA).