Sunday, 24 April 2016

Proposed binding rule for ICWA data collection

There has been a further  important development regarding the Indian Child Welfare Act (ICWA) -- one which would require states to collect and submit data to the Administration for Families and Children on ICWA related matters.

There is a proposed binding rule that would require-- for the first time since the enactment of ICWA in 1978-- that data be collected by states on the Indian Child Welfare Act. While there is a complex and detailed data collection system on other aspects of foster care and adoption, there has been a conspicious absence on a requirement to collect information about ICWA. The lack of systemic data gathering and inconsistencies in available data were noted for instance in 2005 GAO report on how the Act affected children in the foster care and adoption system. This lack of information  as noted in the GAO report is cited in the proposed rule as detrimental in providing appropriate oversight for Indian children in the foster care system.

The proposed rule is currently open for public comment.