Finding the Indian Child Welfare Act in Unexpected Places: Applicability in
Private Non-Parent Custody Actions

JILL E. TOMPKINS

In recent years, as an increasing number of Indian parents struggle with substance abuse and addiction, the number of abused
and neglected Indian children is on the rise.  Consequently, state child welfare agencies are overwhelmed, and caseworkers are
only able to intervene in the most egregious situations.  This understaffing of state agencies forces other family members and
non-relatives to step in and care for these children.  The federal Indian Child Welfare Act of 1978 (“ICWA”) was enacted by the
United States Congress to stem the removal, often unwarranted, of an alarmingly high percentage of Indian children from their
families through both public and private custody actions.  This Article explores the recent proliferation of state statutory provisions
permitting non-parents to obtain parental rights and custody of Indian children without the involvement of state agencies and
argues for the applicability of ICWA to such private actions.