The ICWA was created in 1978 by the federal government in order to re-establish tribal authority over the adoption of Native American children. The goal of the act when it passed in 1978 was to strengthen and preserve Native American families and culture.
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I would just want to add that Federal Law states that Child Protective Services must file a Petition to Terminate Parental Rights when a child has been in substitute care for 15 out of 22 months. This is to encourage the parent to deal with the issue in a timely manner and to allow the child to have a permanet home. In regards to a parent who may be incarcerated over 15 months, I would suggest they seek a Guardianship for the children with someone they trust. There can be an ending date on the Guardianship to coincide with the parents release or a few months after their release date.
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