Certified Case Manager Practice Test

Who determines eligibility under the Indian Child Welfare Act (ICWA)?

1. The state court

2. The child's biological parents

3. The chief of the tribe

4. The social worker

The correct answer is: The chief of the tribe

The Indian Child Welfare Act (ICWA) specifically recognizes the sovereignty of tribal nations in determining the eligibility of a child for tribal membership. Therefore, it is the chief of the tribe or the designated tribal authorities who have the authority to determine whether a child is an Indian child under the law. This determination is based on the child's tribal affiliation and the identity of the tribe, which is crucial in maintaining the cultural integrity and welfare of Native American families. Understanding the role of the tribe is essential, as it upholds the principles of self-determination and respects the rights of tribal governments to decide matters affecting their members. Other entities such as state courts, biological parents, or social workers may have roles in cases involving child welfare, but the definitive eligibility under ICWA rests with the tribal authorities. This ensures that the tribe's decisions reflect their customs and policies regarding membership, thereby protecting the interests of both the child and the tribe.