Adoption of American Indian children: Implications for implementing the Indian Child Welfare and Adoption and Safe Families Acts

Two significant federal child welfare policies, The Indian Child Welfare Act (ICWA) and The Adoption and Safe Families Act (ASFA) are largely unreconciled as existing services under the ICWA do not appear to emphasize permanency to the extent that ASFA requires. This study describes the pre-ASFA, adoption patterns of American Indian children in California and provides the first analysis of the likelihood, type, and timing of adoption for American Indian children. The cohort was comprised of children who were less than 6 years old (n = 38,430) when they entered foster care. Kinship adoption was higher for American Indian/Alaskan Native children than most other children and was especially likely to be done by aunts and uncles rather than grandparents. However, the rate at which American Indian/Alaskan Native children remain in non-kinship foster care is substantially higher for Caucasian or Latino children. Policy and program implications are considered.