As excerpted from website of the National Indian Child Welfare Association

What is ICWA, and why was it passed?

"ICWA" stands for the Indian Child Welfare Act, which is a federal law passed in 1978. ICWA was passed in response to the alarmingly high number of Indian children being removed from their homes by both public and private agencies. The intent of Congress under ICWA was to "protect the best interests of Indian children and to promote the stability and security of Indian tribes and families" (25 U.S.C. § 1902). ICWA sets federal requirements that apply to state child custody proceedings involving an Indian child who is a member of or eligible for membership in a federally recognized tribe.

How does ICWA protect Native American/Alaska Native children and their families?

When ICWA applies to a child's case, the child's tribe and family will have an opportunity to be involved in decisions affecting services for the Indian child. A tribe or a parent can also petition to transfer jurisdiction of the case to their own tribal court. ICWA sets out federal requirements regarding removal and placement of Indian children in foster or adoptive homes and allows the child's tribe to intervene in the case.

Who is covered by ICWA?

Indian children involved in state child custody proceedings are covered by ICWA. A person may define his or her identity as Indian but in order for ICWA to apply, the involved child must be an Indian child as defined by the law. ICWA defines an "Indian child" as "any unmarried person who is under age eighteen and is either (a) a member of an Indian tribe or (b) is eligible for membership in an Indian tribe and is the biological child of a member of an Indian tribe" (25 U.S.C. § 1903). Under federal law, individual tribes have the right to determine eligibility, membership, or both. However, in order for ICWA to apply, the child must be a member of or eligible for membership in a federally recognized tribe.

What considerations should be made in an ICWA case?

Social workers must make several considerations when handling an ICWA case, including:

1. Providing active efforts to the family

2. Identifying a placement that fits under the ICWA preference provision

3. Notifying the child's tribe and the child's parents of the child custody proceeding

4. Working actively to involve the child's tribe and the child's parents in the proceedings

What are "active efforts"? What considerations should be made in an ICWA case?

States are required to provide active efforts to families, and the court will be asked to determine whether active efforts have been made. The definition of "active efforts" is left open in the Indian Child Welfare Act to accommodate individual case decisions. However, federal guidelines do exist (Federal Register, Vol. 44, No. 228, Monday, November 26, 1979).

ICWA mandates the state to make active efforts in every ICWA case in two areas:

1. Provide services to the family to prevent removal of an Indian child from his or her parent or Indian custodian

2. Reunify an Indian child with his or her parent or Indian custodian after removal

****A cornerstone in the application of active efforts is active and early participation and consultation with the child's tribe in all case planning decisions. Additionally, active efforts is more intensive than "reasonable efforts." For example, reasonable efforts might be only a referral for services, but active efforts would be to arrange for the best-fitting services and help families engage in those services. The federal guidelines referenced above apply whether or not the child's tribe is involved in the custody proceedings.

The temptation to rely on media screens to entertain babies and toddlers is more appealing than ever, with screens surrounding families at home, in the car, and even at the grocery store. And there is no shortage of media products and programming targeted to little ones. But a new policy statement from the American Academy of Pediatrics (AAP) says there are better ways to help children learn at this critical age.

In a recent survey, 90 percent of parents said their children under age 2 watch some form of electronic media. On average, children this age watch televised programs one to two hours per day. By age 3, almost one third of children have a television in their bedroom. Parents who believe that educational television is "very important for healthy development" are twice as likely to keep the television on all or most of the time.

The AAP first provided guidance on media use for children under age 2 in 1999. This consisted of a recommendation in the Academy's policy statement, "Media Education," which discouraged TV viewing for children in this age group.

At the time, there was limited data on the subject, but the AAP believed there were more potential negative effects than positive effects of media exposure for the younger set. Newer data bears this out, and the AAP stands by its recommendation to keep children under age 2 as "screen-free" as possible. More is known today about children's early brain development, the best ways to help them learn, and the effects that various types of stimulation and activities have on this process.

"The concerns raised in the original policy statement are even more relevant now, which led us to develop a more comprehensive piece of guidance around this age group," said Dr. Brown, a member of the AAP Council on Communications and Media.

The report set out to answer two questions:

• Do video and televised programs have any educational value for children under 2?
• Is there any harm in children this age watching these programs?

The key findings include:

• Many video programs for infants and toddlers are marketed as "educational," yet evidence does not support this. Quality programs are educational for children only if they understand the content and context of the video. Studies consistently find that children over 2 typically have this understanding.
• Unstructured play time is more valuable for the developing brain than electronic media. Children learn to think creatively, problem solve, and develop reasoning and motor skills at early ages through unstructured, unplugged play. Free play also teaches them how to entertain themselves.
• Young children learn best from-and need-interaction with humans, not screens.
• Parents who watch TV or videos with their child may add to the child's understanding, but children learn more from live presentations than from televised ones.
• When parents are watching their own programs, this is "background media" for their children. It distracts the parent and decreases parent-child interaction. Its presence may also interfere with a young child's learning from play and activities.
• Television viewing around bedtime can cause poor sleep habits and irregular sleep schedules, which can adversely affect mood, behavior and learning.
• Young children with heavy media use are at risk for delays in language development once they start school, but more research is needed as to the reasons.

The report recommends that parents and caregivers:

• Set media limits for their children before age 2, bearing in mind that the AAP discourages media use for this age group. Have a strategy for managing electronic media if they choose to engage their children with it;
• Instead of screens, opt for supervised independent play for infants and young children during times that a parent cannot sit down and actively engage in play with the child. For example, have the child play with nesting cups on the floor nearby while a parent prepares dinner;
• Avoid placing a television set in the child's bedroom; and
• Recognize that their own media use can have a negative effect on children.

The report also recommends further research into the long-term effects of early media exposure on children's future physical, mental and social health. According to Dr. Brown, "In today's 'achievement culture,' the best thing you can do for your young child is to give her a chance to have unstructured play-both with you and independently. Children need this in order to figure out how the world works."