Delinquency, Native American Identification and ICWA

The Indian Child Welfare Act (ICWA) and state laws provide significant rights and protections for Indian children in juvenile delinquency cases, ensuring their connection to tribal heritage and access to specific resources regardless of ICWA's direct applicability. Juvenile probation departments are mandated to continuously inquire about a child's Indian status from the initial contact, and if there's a reason to believe the child is an Indian, further detailed inquiries must be made to confirm tribal membership and involve the tribe in case planning. Beyond the inquiry, additional ICWA requirements such as notice, active efforts, and qualified expert witness testimony apply in specific circumstances, primarily when a child is in or at risk of entering foster care, with the aim of preserving the child's cultural and political ties to their tribe.