Legal Definitions - Indian child

The term "Indian child" is a specific legal designation used within the Indian Child Welfare Act (ICWA). The ICWA is a federal law enacted to protect the best interests of Native American children and to promote the stability and security of Native American families and tribes. It establishes standards for the removal and placement of Indian children in state child custody proceedings.

For an individual to be considered an "Indian child" under the ICWA, they must meet two primary criteria:

• They must be unmarried and under 18 years of age.
• Additionally, they must satisfy one of the following conditions:
  • They are an enrolled member of a federally recognized Indian tribe.
  • OR they are eligible for membership in a federally recognized Indian tribe and are the biological child of a parent who is an enrolled member of a federally recognized Indian tribe.

Here are some examples to illustrate how this definition applies:

• Example 1 (Direct Tribal Membership):

  A 12-year-old boy named Thomas is an enrolled member of the Osage Nation. He lives with his aunt and is not married.

  Explanation: Thomas qualifies as an "Indian child" because he is under 18, unmarried, and is an enrolled member of a federally recognized Indian tribe (the Osage Nation). This directly fulfills the first condition for tribal affiliation.

• Example 2 (Eligibility and Parental Membership):

  Sophia is a 3-year-old girl whose biological father is an enrolled member of the Hopi Tribe. Sophia herself is not yet enrolled, but she meets all the tribal requirements to become a member through her father. She is, of course, unmarried.

  Explanation: Sophia is considered an "Indian child" because she is under 18, unmarried, eligible for membership in the Hopi Tribe, and her biological father is an enrolled member of that tribe. This demonstrates the second condition for tribal affiliation.

• Example 3 (Age and Marital Status):

  Miguel is a 17-year-old who is an enrolled member of the Pueblo of Acoma. He is currently living with his grandparents and is not married, though he plans to attend college next year.

  Explanation: Miguel fits the definition of an "Indian child" because he is under 18, unmarried, and an enrolled member of a federally recognized Indian tribe. His future plans do not change his current status under the ICWA, as long as he remains unmarried and under 18.