Indian child Welfare: Policies and procedures

The Tribal/State Agreement (TSA) DHS-5022 (PDF) specifies roles and responsibilities of tribes and the state in the implementing child welfare services to American Indian children and families. The agreement was developed to protect the long-term interests, as defined by the tribes, of American Indian children and their families by maintaining the integrity of the tribal family, extended family and the children's tribal relationship.

Send reports of Indian Child Welfare Act and Minnesota Indian Family Preservation Act noncompliance DHS-3821 (PDF) to the Indian Child Welfare unit email DHS.ICWA.MIFPA@state.mn.us. 

The Minnesota Indian Family Preservation Act (MIFPA) strengthens and expands the Indian Child Welfare Act, calling for greater tribal involvement, notification of tribes for voluntary proceedings and appropriate funding for provision of services to Indian children and families. Links to its main sections: 

• Purposes 
• Definitions
• Social Services Agency and Private Licensed Child-Placing Agency Notice to Tribes
• Duty to Prevent Out-of-Home Placement and Promote Family Reunification and Active Efforts
• Voluntary Foster Care Placement 
• Child Placement Proceedings
• Placement Records
• Records and Information Availability
• Indian Child Welfare Grants
• Grant Applications
• Eligible Services
• Continued Legal Responsibility of Local Social Services Agencies
• Payments and Required Reports
• Monitoring and Evaluation
• Grant Formula
• Undistributed Funds
• American Indian Child Welfare Advisory Council

For technical assistance with these requirements contact Reanna Jacobs at 651-431-4675.

The federal Indian Child Welfare Act, 25 U.S.C. Section 1901, et. seq., protects and preserves Indian Tribes, their children and their families/clans. Congressional policy protects Native children’s best interests by actively promoting stable, safe and secure families through the establishment of federal standards when removing and/or placing Native children in foster or adoptive homes which reflect the very unique values of Native or indigenous culture. For further information, visit the Bureau of Indian Affairs. For technical assistance with ICWA and the Minnesota Indian Family Preservation Act (MIFPA) please email DHS.ICWA.MIFPA@state.mn.us.

• Indian Child Welfare Act/Minnesota Indian Family Preservation Act Resources List (PDF)
• Indian Child Welfare Act/Minnesota Indian Family Preservation Act Desk Aid DHS-7824 (PDF)
• Indian Child Welfare Act/Minnesota Indian Family Preservation Act notices feedback Q and A (PDF)
• Frequently asked questions about the Indian Child Welfare Act (ICWA) notice (PDF)
• Frequently asked questions about the Minnesota Indian Family Preservation Act notice (PDF)

The manual provides a comprehensive summary of federal and state requirements and policies that apply to county social services agencies and private child-placing agencies providing services to American Indian children and families in Minnesota.

These updated guidelines from the U.S. Department of the Interior, published in the Federal Register, February 2015, provide guidance to state courts and child welfare agencies implementing the Indian Child Welfare Act's provisions.

The Minnesota Indian Family Preservation Act (MIFPA), strengthens and expands the Indian Child Welfare Act. It calls for greater tribal involvement, notification of tribes for voluntary proceedings and appropriate funding for provision of services to Indian children and families. Links to its main sections: 

• Purposes 
• Definitions
• Social Services Agency and Private Licensed Child-Placing Agency Notice to Tribes
• Duty to Prevent Out-of-Home Placement and Promote Family Reunification and Active Efforts
• Voluntary Foster Care Placement 
• Child Placement Proceedings
• Placement Records
• Records and Information Availability
• Indian Child Welfare Grants
• Grant Applications
• Eligible Services
• Continued Legal Responsibility of Local Social Services Agencies
• Payments and Required Reports
• Monitoring and Evaluation
• Grant Formula
• Undistributed Funds
• American Indian Child Welfare Advisory Council