Although ICWA’s opponents argue that the law is harmful to Native children, not following ICWA harms both Native children and tribal communities. When state courts follow ICWA from the outset of a child welfare case, the outcomes of the case are vastly improved. Most of the ICWA cases that reach appellate courts involve cases where state agencies and courts failed to apply ICWA at the outset of the case. Simply stated, ICWA works when state agencies and courts properly apply the law.
For more, please read the article here.