My child is Indian but is not a member of a federally recognized tribe. Would the Indian Child Welfare Act (ICWA) still apply?

Probably not.  If your child does not meet ICWA's definition of "Indian child," ICWA would not apply to your child’s case.  Other federal and state laws, however, may provide other protections, including relative placement provisions and the opportunity to be heard in a case review hearing.

Brooke Swier Schloss
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Family Law and Estate Planning attorney helping families across South Dakota plan and protect their loved ones