Wisconsin Summons — Indian Child Welfare ActIOWAWA) is a federal law that requires state child welfare authorities to notify tribal governments when a Native American child is involved in a Child Protective Services (CPS) case. It is designed to protect the rights of Native American children and families by ensuring that they are given an opportunity to intervene in child welfare cases and participate in decisions affecting the placement of Native American children in foster care or adoptive homes. The Wisconsin Summons — Indian Child Welfare Act applies to all Native American children who are the subject of a CPS case in the state of Wisconsin, regardless of their tribal affiliation. It includes three types of summons: Notice of Hearing, Notice of Placement, and Notice of Intent to Terminate Parental Rights. The Notice of Hearing Summons is issued to the tribal government when a hearing is scheduled to consider the removal of a Native American child from their home, or when the court is considering a permanent placement for the child. The Notice of Placement Summons is issued to the tribal government when a decision has been made to place the Native American child in foster care or an adoptive home. The Notice of Intent to Terminate Parental Rights Summons is issued to the tribal government when a decision has been made to terminate the parental rights of a Native American child.
Wisconsin Summons - Indian Child Welfare Act
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FAQ
Over the past several years, as part of a coalition of groups including for-profit adoption agencies, the right-wing Goldwater Institute has spearheaded attacks against ICWA in multiple states, including California, Arizona, Oklahoma and Minnesota.
On November 9, 2022, the Supreme Court of the United States held oral argument in Haaland v. Brackeen, a case challenging the constitutionality of the Indian Child Welfare Act of 1978 (ICWA).
The Indian Child Welfare Act (ICWA) (25 U.S.C. §§ 1901 et seq.) is federal legislation which establishes minimum federal standards for state court child welfare proceedings and many other ?child custody? proceedings involving Indian children.
ICWA requires that states place Indian children in foster care first with their extended family. If this is not possible, placement should be with a foster family licensed or approved by the child's tribe.
The Supreme Court is expected to reach a decision regarding the ICWA by June 2023. It is not certain that they will uphold this act, which means that Native American communities could face further scrutiny.
All states must maintain records of every involuntary and voluntary foster care, preadoptive, and adoptive placement of an Indian child and make the record available within 14 days of a request by an Indian child's tribe or the Secretary of the Interior.