Child Protection Investigation Specialist (CPIS) Practice Exam

What does the Indian Child Welfare Act (ICWA) primarily establish?

1. Federal laws to protect children from abuse

2. State laws that govern child adoption procedures

3. Tribunal rules concerning the adoption of Native American children

4. Tribal law superseding federal law regarding Native American child welfare

The correct answer is: Tribal law superseding federal law regarding Native American child welfare

The Indian Child Welfare Act (ICWA) primarily establishes the principle that tribal law takes precedence over federal and state laws concerning the welfare of Native American children. This act was enacted to ensure that Native American children are placed in homes that reflect their cultural identity and to protect the integrity of Native families and tribes. By recognizing the authority of tribes in child welfare issues, the ICWA aims to preserve Native American culture, family structure, and heritage. In the context of the other options, while the ICWA does relate to children’s welfare and can intersect with federal laws protecting children from abuse, its focus is on the rights and jurisdiction of tribal nations rather than simply creating protective laws. Additionally, the act does influence state adoption procedures, but it does not establish state laws; rather, it sets federal standards that states must follow pertaining to the placement of Native American children. Lastly, tribunal rules concerning adoption are not the primary focus of the ICWA. Instead, the act empowers tribal authority over child welfare matters, reinforcing the primacy of tribal governance.