The Indian Child Welfare Act (ICWA)

The Indian Child Welfare Act (ICWA)

The Indian Child Welfare Act (ICWA) is a federal law established in 1978 to “protect the best interests of Indian children and to promote the stability and security of Indian tribes and families” (25 U.S.C. § 1902). This law protects members of a tribe under the age of eighteen, biological offspring of current/former tribal members, and any child eligible to become a member of a tribe. The ICWA makes every effort to circumvent the removal of a Native American child from his/her Native American custodian(s).

If you are involved in a case which may be subject to ICWA, you will need an experienced and knowledgeable attorney. The Law Office of David D. Moore offers more than a decade of experience in the representation of native children, guardians, and government agencies working on behalf of native children. We would be honored to assist you in this complex area of the law.

Legal services under the jurisdiction of the ICWA include:

  • Foster Care placements

  • Guardianships
  • Termination of parental rights

  • Pre-adoptive and adoptive placements

  • Voluntary and involuntary placements

  • Divorce proceedings in which neither parent will get custody

  • Juvenile status offenses (i.e. underage drinking, truancy and running away)

While the ICWA is meant to be protective, it is not applicable to juvenile criminal proceedings, divorce proceedings, or other cases on Tribal lands. The Law Office of David D. Moore can still help you make the best decisions and pursue an appropriate course of action in these matters.

David is a trial lawyer with extensive experience in the ares of Juvenile and Family Law, particularly representation of parties in matters involving the Department of Social Services (DSS). David has nearly twenty years of experience in General Civil Litigation and Family Law matters, including divorce, child custody, equitable distribution and child support issues.

The Law Office of David D. Moore serves Western North Carolina, including Sylva, Cherokee, Cullowhee, Swain, Murphy, Robbinsville, all of Jackson County, and the Qualla Boundary.