I want to locate a Tribe for ICWA?
If the person or agency seeking placement has a “reason to know” the child is an “Indian child,” that person or agency has an obligation to work with the family and Tribe(s) to confirm whether the child is an “Indian child.” This can be done in the following ways:
- Ask the family if they are enrolled in or may be eligible for enrollment in a Tribe or Tribal group.
- Ask the family to provide documentation of citizenship or membership (i.e. copy enrollment card), if any.
- Clarify with the family the name and spelling of the Tribe.
- Type in the first three letters of the Tribe’s name on the ICWA Designated Agent List search bar.
- All Tribes with that name will come up on a list.
- Download the list and ask the family to identify which Tribe on that list they have citizenship or membership in.
If the family has identified a Tribe, send an ICWA Notice to that Tribe by certified/registered mail with return receipt requested. Also, send a copy of the ICWA Notice by registered/certified mail with return receipt requested to the appropriate BIA Regional Director listed in 25 C.F.R. § 23.11(b).
If a Tribe does not come up on the search, check the most recent BIA list of federally recognized Indian tribes to find out if this Tribe is Federally Recognized. This list can be found here: https://www.federalregister.gov/documents/2024/01/08/2024-00109/indian-entities-recognized-by-and-eligible-to-receive-services-from-the-united-states-bureau-of
For further assistance, please contact the appropriate BIA Region. To find the appropriate BIA Regional Director’s contact information, please use the filter posted on the BIA’s website here: https://www.bia.gov/bia/ois/dhs/icwa/icwa-notice
I want to locate an unknown Tribe for ICWA?
If the identity of a child’s Tribe is unknown, the person or agency seeking placement should work with the child’s family to determine what tribe or tribal group the family may be affiliated with. Please note that only Tribes get to decide who is eligible for membership, and that questions of whether ICWA applies are ultimately decided by the state court handling the child custody proceeding. The Department cannot provide any opinion as to the merits of a state court child-custody matter.
The following are steps that the person or agency seeking placement should take to identify the Tribe:
- Ask the family if they are enrolled in or eligible for enrollment in a Tribe or Tribal group.
- Ask the family to provide a genogram or ancestry/family chart.
- Ask the family for information about the child or family receiving services or funds (such as per capita, trust funds, etc.) from a Tribal or Indian organization, the BIA, or the Indian Health Services (IHS), or if they have been involved with a Tribal court matter. Please list the name of the organization and include the Tribe’s name, and/or state in which the Tribe or organization is located.
- Ask the family for information about the child or family currently living (or previously lived) on or near a reservation in the United States, Tribal community, or on Tribal lands.
- Ask the family for a copy of a Tribal enrollment card, Tribal descendant card, or Certification of Degree of Indian Blood (CDIB) belonging to the child and/or the child’s parents.
- As part of the search, use all known names of both parents (maiden, married and former names or aliases) including possible alternative spellings on chart.
- Ask the family for current and former addresses of the child’s parents and any extended family.
- Use birthdates and places of birth (death, if applicable) of both parents.
- Type in the name of the Tribal group and the names of any ancestral groups in the search box.
- Ask the family which ancestral Tribal group they may be associated with.
Send the ICWA Notice to the Tribe identified by the family by certified/registered mail with return receipt requested. You must also send a copy of the ICWA Notice by registered/certified mail with return receipt requested to the appropriate BIA Region.
If the family cannot identify one group, then all Tribes in that Tribal group are to be sent an ICWA Notice by registered/certified mail with return receipt requested. Also, send a copy of the ICWA Notice by registered/certified mail with return receipt requested to the address found here:
If no Tribes come up on your search, check the BIA list of federally recognized Indian tribes. That list can be found here:
If the person or agency seeking placement is still not able to find the Tribe, they may contact the appropriate BIA Region for further assistance. To find the appropriate BIA Regional Director’s contact information, please use the filter posted on the BIA’s website: https://www.bia.gov/bia/ois/dhs/icwa/icwa-notice
