Understanding Active Efforts Under ICWA: A Practical Guide

Centering Families, Culture, and Healing in Child Welfare Practice

The Indian Child Welfare Act (ICWA) was passed in 1978 to correct decades of harm — a time when Native American children were routinely removed from their families and communities without cause, and placed in non-Native homes.
One of the most important protections ICWA established is the requirement for Active Efforts.

But what does "Active Efforts" actually mean in practice?
And how can agencies, courts, and practitioners ensure they are truly honoring this vital standard?

This guide offers a practical overview of Active Efforts — and why they matter so much to Indigenous families and the future of our communities.

What Are Active Efforts?

Under ICWA, Active Efforts are affirmative, thorough, and culturally appropriate actions taken to prevent the breakup of an Indian family before moving to foster care placement or termination of parental rights.

In short: Active Efforts mean doing everything possible to keep families together — not just making minimal attempts.

Active Efforts must:

• Go beyond "reasonable efforts" (which apply in regular child welfare cases)

• Be culturally relevant to the family and tribe

• Start early and be continuous throughout the case

• Involve the family, the child’s tribe, and available community services

• Be documented clearly and thoroughly

Practical Examples of Active Efforts

Here’s what Active Efforts should look like:

• Early and Meaningful Tribal Involvement
  ➔ Notifying the tribe immediately and involving them as active partners, not just observers.

• Culturally Appropriate Services
  ➔ Offering services that reflect the family's culture, traditions, and ways of healing — not just generic parenting classes or therapy.

• Tailored Family Support
  ➔ Helping families address barriers (like transportation, childcare, or access to traditional healers) that affect participation in services.

• Collaborative Case Planning
  ➔ Working with families, not just prescribing services to them — and honoring their voice in decision-making.

• Community-Based Resources
  ➔ Using tribal social services, Native-led programs, and culturally specific organizations as the first line of support.

• Concrete Help
  ➔ Not just offering referrals, but actively assisting families in connecting to services (e.g., walking them through the intake, arranging transportation).

Why Active Efforts Matter

1. Protecting the Right to Family and Culture

• Families should not lose their children — and children should not lose their culture — because systems failed to provide real help early enough.

• Active Efforts are about protecting the fundamental human right to family, tradition, and community connection.

2. Upholding Tribal Sovereignty

• By requiring Active Efforts, ICWA recognizes the inherent authority of tribal nations to be involved in the lives of their children — and to ensure culturally grounded interventions are honored.

3. Preventing Deeper Systemic Harm

• When Active Efforts are strong, fewer families are unnecessarily separated.
  This creates better outcomes not just for individual children, but for generations to come.

Final Thoughts: Active Efforts Are More Than Compliance

True Active Efforts aren't about checking boxes or meeting a technical requirement.
They are about relational accountability, cultural integrity, and system transformation.

When done well, Active Efforts embody the spirit of ICWA — a commitment to keeping Native children connected to their families, their tribes, and their rightful place in community life.

At Bagamii-ayaa Consulting, I support agencies, courts, and communities in strengthening their understanding and implementation of Active Efforts through consulting, training, and expert witness services.

Together, we can honor the spirit — not just the letter — of the law.