Authors

• Alston Harwood, William & Mary Law School

Polishing the Gold Standard: Capacity-Based Reform of the Indian Child Welfare Act

Abstract

Part I of this Note will provide background on ICWA [Indian Child Welfare Act], from its history and purpose to its current structure and the Supreme Court’s recent interpretation in Haaland v. Brackeen. Part II will expand on ICWA’s practical implementation problems, contrasting well-resourced tribes with the struggles of smaller tribes, and illustrating how recent federal legislation has begun to acknowledge these capacity disparities without adequately addressing them. Part III will then propose a combination of federal reforms, including a tiered system for QEWs [qualified expert witnesses], as well as specialized ICWA dockets, to allow for more consistent, equitable implementation of ICWA. Ultimately, this Note concludes that a more capacity-sensitive ICWA will both strengthen tribal sovereignty and better serve the best interests of Native children.

This abstract has been taken from the author's introduction.

Repository Citation

Alston Harwood, Polishing the Gold Standard: Capacity-Based Reform of the Indian Child Welfare Act, 68 Wm. & Mary L. Rev. 261 (2026), https://scholarship.law.wm.edu/wmlr/vol68/iss1/7