The ICWA defines an Indian child as an unmarried person under age 18 who is one of these:
- A member of an Indian tribe
- Eligible to be a member of a tribe and the biological child of a tribal member
* “Indian” here includes members and those eligible to be members of Alaska Native tribes. It does not include members of non-federally recognized tribes or Canadian First Nations.
Washington State has its own version of the ICWA. Its definition of an Indian child also includes anyone who may be an Indian child.
Because of these laws, you must investigate thoroughly any tribal relative connections. It is not enough to say that the child and/or parents are not enrolled with a tribe.