Who is an "Indian Child" under the Indian Child Welfare Act (ICWA)?

A child is an "Indian Child" under ICWA if:

• He or she is an unmarried person under the age of 18, and 

1. The child is a member of a federally recognized Indian tribe; or

2. a) Eligible for membership in a federally recognized Indian tribe and  

2. b) Is the biological child of a member/ citizen of a federally recognized Indian tribe.

25 U.S.C. § 1903(4)

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