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Family Services / Indian Child Welfare Act and Tribal Collaboration
The Division of Family Services is committed to working collaboratively with Virginia’s tribes to serve Native American children. We implement the Indian Child Welfare Act, known as ICWA, when Native American children come to the attention of the state child welfare system. Division of Family Services staff in local offices carry out this responsibility through policy and practice, with support from practice consultants and a tribal liaison, who provide ongoing tribal collaboration, technical assistance and policy interpretation when requested.
ICWA is a federal law that guides what happens when Native American children are removed from their homes and placed in foster or adoptive homes. The law sets national standards for placing Indian children in foster and adoptive homes and supports the involvement of tribes and families in child welfare cases.
ICWA helps keep children of Native American heritage connected with their families or tribal communities, including efforts to reunite them when possible. ICWA applies to federally recognized tribes and nations. In Virginia, seven of the 11 state-recognized tribes are federally recognized. ICWA requires certain practices when working with a child who may belong to, or be eligible for membership in, a federally recognized tribe or nation. Collaboration with a child’s tribal community can also offer many benefits, even when ICWA does not apply. VDSS values continued collaboration with Virginia’s tribes to support dialogue, strengthen partnerships and identify additional ways to support all of Virginia's tribes.
A child is covered by ICWA when the child meets the federal definition of an Indian Child. Specifically, the child is an unmarried person under the age of 18 and is either:
The CWSE5020 course provides an overview of the Indian Child Welfare Act (ICWA) federal legislation, its history and its application in practice to include identification of an Indian child, ICWA eligibility, sending notice to the federally recognized tribes, active efforts and placement preferences. This course can be taken at your own pace and is approximately 75 minutes in length. There is a quiz to test your knowledge at the end with a certificate upon successful completion.
It is important when first engaging tribal families to gain awareness of historical and intergenerational experiences which are essential to begin understanding the challenges tribal families and communities face. VDSS recommends that you first take the CWE5020 Introduction to the Indian Child Welfare Act (ICWA) before taking the CWSE5025 course to provide a well-rounded understanding of the origins of the ICWA, to include the historical and intergenerational trauma experienced by Native people in the U.S. The course is approximately 60 minutes in length. There is a quiz to test your knowledge at the end with a certificate upon successful completion.
Click below to find related policy guidance for each program.
For more information on VDSS’ work with Virginia’s Tribes, you can visit the Child and Family State Plans and review the section titled “Consultation between Virginia and Tribes” in the following:
If you are a member of a Tribe or a tribal leader and are interested in joining the VDSS’ tribal roundtable meetings, please contact VDSS’ Tribal Liaison, Ivey Tupponce at ivey.tupponce@dss.virginia.gov.
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