New Indian Child Welfare Act

On May 10, 2011, Governor Gregoire signed into law ESSB 5656, the Washington State Indian Child Welfare Act.  The Act is intended to: (1) clarify Washington’s interpretation of the federal Indian Child Welfare Act, 25 USC §§1901 et seq.; (2) assure quicker, more accurate identification of Indian children in the child welfare system; (3) assure consistent application and enforcement of the federal ICWA; (4) assure existing policies, practices, and agreements, developed over the last 30+ years between the state and the tribes of Washington are the benchmarks against which federal ICWA compliance is measured; and (5) better define the types of “child custody” cases affected by federal and state Indian child welfare laws.  Proponents of the Act believe education on the Act’s provisions and its vigorous enforcement will help substantially reduce the persistent disproportionally high presence of Indian children in all levels and aspects of Washington’s child welfare system.