Indian Child Welfare Act. a 1978 federal law that protects the rights of Native American children, families, and tribes. ICWA states that when placing a child of Native American heritage for adoption, preference should be given to an extended family member, a member of a tribe, a foster or adoptive family of Native American heritage, or a Native American institution. The tribe has the right to make decisions regarding the Native American child’s placement, and non-Native American families are considered for placement as a last resort. ICWA adoption provisions do not, however, apply to every Native American child in foster care—especially in cases where the children’s Native American birth parents are not registered tribe members, or if the tribes formally give up their claim to the children.