Child abuse of any kind is unacceptable, regardless of culture. When you look at the culture of Native Americans, the indigenous people of this land we have come to call America, there has been a debate that has lasted for decades in terms of what should be done to support an abused child who needs to be carried away from the natural parents. , within their own culture (Native American culture). In 1978, the United States Congress and then-President of the United States, Jimmy Carter, enacted a law known as the Indian Child Welfare Act (ICWA) in an effort to avoid the separation of Native children from their families, not to mention, own culture (Fletcher, 2009). How exactly does the Indian Child Welfare Act, ICWA, keep Native children taken from their biological parents within their family or Native culture itself? When considering the Indian Child Welfare Act, a social worker or other official can ultimately terminate parental rights. To do this, they must argue the resolution by presenting the burden of proof. The Indian Child Welfare Act states that children cannot be removed simply because someone else is capable of raising them or because the parents have been deemed “unfit to be parents.” Rather, evidence must be provided that the child is in a dangerous situation if he or she remains in the home, given the matters currently under investigation by those officials. According to the Department of Health and Human Services Screening and Assessment for Family Engagement, Retention, and Recovery, if a social worker or investigating agency wants to terminate parental rights, there are two ways to do so: clearly and convincing, or proof beyond a reasonable doubt. Through a clear and with...... middle of paper ......partnership between Native Americans and whites in order to better realize how the ICWA should have been carried out; however, this is a two-way street that requires cooperation from both cultures. If we want to lessen the social welfare crisis facing Native Americans, if we want to reduce the number of Native Americans in foster care, then it all starts by working together. Ultimately, the environment in which the child grows up determines his or her future. If they grow up in an environment where there is alarming substance/alcohol use, it is very likely that they will face the same problems later in life. The same can be said in reverse, though, that if we continue to remove Native American children from their culture and place them with white families and not following ICWA, we are essentially killing an increase in a non-genocidal way..