NICWA Frequently Asked Questions

• case management services
• consultation, collaboration and coordination with state child welfare agencies and courts
• education on cultural teachings, ICWA and Intergovernmental Agreement (IGA)
• advocate for Navajo children and their families

• When a child is dependent of state court.
• While a child is enrolled or eligible for enrollment in a Federally recognized tribe.

• ICWA does not apply to Child Custody Dispute.
• (NOTE: Site Actual Law of 95-608)

A formal court proceeding to terminate the parental rights of parents to their children.

• Complete and return the NCFS adoption application.
• Complete home study certification requirements which are outlined in the Adoption Unit section.

• Complete and return the NCFS adoption application.
• Complete home study certification requirements which are outlined in the Adoption Unit section.
• Does ICWA apply to Child Custody Cases?
• ICWA does not apply to Child Custody Dispute.
• (NOTE: Site Actual Law of 95-608)
• How do I begin the process?
• Complete and return the NCFS adoption application.
• Complete home study certification requirements which are outlined in the Adoption Unit section.

“No, NCFS Adoption Unit does not facilitate privately arranged adoptions between relatives”.

No, you can attend other trainings provided in your local area or on-line at: http://www.fosterparentcollege.com.

Yes, during the transition phase, it is ideal to meet the child or children before placement is made. If the child’s adoption plan is through a voluntary relinquishment, the placement process may be quicker.

It depends on whether you have an open or close adoption.

No, we certify enrolled Navajo families across the United States.

Eligible adults (age 18 years-old and over).

Explore this with your local child welfare resources, e.g. live on the Navajo reservation, IHS, DBHS, CHR, Chapter House, Head Start, etc.

“The Navajo Nation Indian Welfare Act found at 25 U.S.C. § 1901 et.seq. was enacted in 1978 to protect the interests of Indian families and the tribe’s interest in their children. The Act does not apply to domestic relations, criminal or most delinquency matters. ICWA does apply to delinquency matters where the minor has committed a status offense, an offense which cannot be committed by an adult, e.g., truancy, incorrigible behavior and the like, and to any juvenile delinquency proceeding that result in termination of a parental relationship.”

The Indian Child means any unmarried person who is under age eighteen and is either (a) an enrolled member of an Indian tribe or (b) is eligible for membership/enrollment in an Indian tribe and is the biological child of an enrolled member of an Indian tribe.
(25 U.S.C. §1903, Definitions (4))

When parent(s) or legal guardians voluntarily consent to have their parental rights terminated.

There is no timeline; it is on a case by case basis.

Children are determined eligible for Adoption Subsidies when they are initially placed in out-of-home care. Each child must meet the Federal Title IV-E requirements. For more information, please visit: http://www.fosteringconnections.org.

Yes, tribal, state and federal for all household members 18 years and older. It is a requirement; refer to the Adoption Unit section.

•  Felony convictions and other serious criminal charges.
•  Failure to fulfill certification requirements.  

Contact an attorney for legal advice.

The Adoptive Parents will receive any and all pertinent information about the child that the agency has at the time of placement consideration.

 Yes, the applicant is responsible for paying for their criminal background processing fee, attorney fees, travel expenses to meet child(ren), and some medical fees such as an physical examination.

No, as long as you have a safe, stable, and permanent structured home.

Explore this with your local child welfare resources, e.g. live on Navajo reservation, IHS, DBHS, CHR, Chapter House, Head Start, etc..