Massachusetts DCF ICWA
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What Is ICWA?
“ICWA” stands for the “Indian Child Welfare Act.” ICWA is a federal law that governs placement proceedings involving Native American children who are involved in a tribe or have tribal membership. This law is crucial in understanding parents’ rights against DCF,

Who is Considered an “Indian Child” under ICWA?
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An “Indian Child” is a child who is one of the following:
  • Eligible for membership of a federally recognized Indian tribe
  • A member of a federally recognized Indian tribe
  • The biological child of a member of a federally recognized Indian tribe
A child who is living in Massachusetts may be a member of or a biological child of a member from a tribe outside of Massachusetts. They would still be considered an “Indian Child” in that situation. Only the federally recognized Indian tribe can decide who is a member of the tribe, and who is eligible to be a member. That means a child can only be an “Indian Child” when recognized by the tribe. In situations involving the DCF investigation process, understanding the DCF policies and procedures becomes crucial for parents and guardians, especially when the child’s tribal status might influence the proceedings.

What are the Federally Recognized Tribes in Massachusetts?
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There is only one federally recognized Indian tribe in Massachusetts. It is called the “Wampanoag Tribe of Gay Head.”
This tribe is also known as the “Aquinnah Wampanoag.”

DISCLAIMER

You find yourself in this situation, it’s advisable to seek legal representation from a qualified attorney, like those at the Law Office of Kevin Seaver, who can advocate for your rights and guide you through the complex process of a DCF investigation.

Remember that the ultimate goal of DCF is to ensure the safety and well-being of children while supporting families in crisis.

Please note that this article does not create an Attorney-Client relationship between our law firm and the reader and is provided for informational purposes only. Information in this article does not apply to all readers.

Readers should not rely on this information as legal advice and should seek specific counsel from the attorney based on personal circumstances.

Thank you. Kevin Patrick Seaver is a Massachusetts DCF Defense Lawyer who represents parents against false child abuse allegations.

Massachusetts DCF Defense Lawyer Kevin Seaver has been successfully fighting false child abuse allegations since 1991.