Elevating Tribal Sovereignty Through Child Welfare Codes

Tribal sovereignty is the cornerstone of a tribal nation’s ability to govern and protect its people. One of the most critical areas where sovereignty is enacted is in the care and protection of Native children. With the passage of the Indian Child Welfare Act (ICWA), tribal nations gained formal recognition of their inherent jurisdiction over child custody proceedings involving their children. Since then, many tribal nations have seized this opportunity, developing child welfare codes that strengthen governance and reflect their communities’ cultural values.

The Tribal Codes Analysis Project

Recognizing the need for updated research, NICWA has launched the Tribal Codes Analysis Project to assess close to 200 tribal child welfare and juvenile codes. This project will build upon the 2015–2016 study, Tribal Child Welfare Codes as Sovereignty in Action, which examined 107 codes and focused on eight core areas of tribal child welfare policy, including jurisdiction, mandatory reporting, and child removal procedures.

This updated analysis will look deeper into how tribes are incorporating cultural values into their codes, providing examples of innovative practices that promote child safety and well-being in a culturally responsive way. Our findings will equip tribal leaders with actionable insights into how to draft or revise codes that reflect their community’s unique traditions and values.

The Opportunity for Tribal Nations

This is a crucial moment for tribal nations to assess their child welfare codes. By integrating their cultural worldviews and traditional teachings into these legal frameworks, tribal nations can strengthen the protections for their children while advancing their sovereignty. Codes that honor Native values and practices can provide better outcomes for children and families, especially when compared to the limitations of mainstream child welfare systems.

We encourage all tribal nations to contribute to this important effort. Tribal communities possess a wealth of expertise—judges, lawyers, social workers, and culture-bearers—who understand both the challenges and opportunities within child welfare. By sharing your community’s codes with NICWA, you contribute to a growing body of knowledge that will benefit all Native nations working to protect their children.

To ensure your community’s child welfare codes are included in this important project, please send a copy of your code to Dallas Archuleta, NICWA’s community development and research specialist at dallas@nicwa.org..