Children and Family Services Administration
The
mission of the INDIAN CREEK TRIBE CHICKAMAUGA
CREEK & CHEROKEE NATION INC.
(CCCNI) Children and Family Services
Administration (CFSA) is to fulfill the social responsibilities and
obligations of the Tribe. CFSA programs are designed to preserve,
protect, and strengthen the children and families of the Tribe. CFSA
programs strive to empower individuals and families, cultivate
nurturing home environments, and educate individuals, families, and
communities. CFSA promotes culture awareness and identification and
preserves the integrity of the family unit for the purpose of creating
an environment which allows maximum opportunity for positive
development.
Director -
The
Indian Child Welfare Act of 1978 (
ICWA) ((
Pub.L. 95-608, 93
Stat. 3071, enacted November 8, 1978), codified at
25 U.S.C. § 1901–
1963.
)
is a Federal law that governs jurisdiction over the removal of Native
American (Indian) children from their families and/or the tribe.
ICWA gives tribal governments a strong voice concerning child custody
proceedings which involve Indian children by allocating tribes exclusive jurisdiction over the case when the child resides on or is domiciled on the reservation or when the child is a ward of the tribe; and concurrent, but presumptive, jurisdiction over non-reservation Native Americans’ custody proceedings.
The ICWA was originally enacted bycongress
in 1978 due to the high removal rate of Indian children from their
traditional homes and essentially from Indian culture as a whole.
Before the bill was enacted, as many as 25 to 35 percent of all Indian
children were being removed from their Indian homes and placed in
non-Indian homes, with presumably the absence of Indian culture.
In some cases, the Bureau of Indian Affairs (BIA) paid the states to remove Indian children and to place them with non-Indian families and religious groups.
Testimony in the House Committee for Interior and Insular Affairs
showed that in some cases, the per capita rate of Indian children in
foster care was up to nearly 16 times higher than the rate for
non-Indians.
If Indian children continued to be removed from Indian homes at this
rate, tribal survival would continue to be threatened. Congress
recognized this, and stated that the interests of tribal stability were
as important as that of the best interests of the child.
One of the factors in this judgment was that due to the differences in
culture, what was in the best interest of a non-Indian child were not
necessarily what was in the best interest of an Indian child,
especially due to extended families and tribal relationships.