What age characterizes an Indian child?

An Indian child is characterized as being under 18 years of age. This definition aligns with federal legislation, specifically the Indian Child Welfare Act (ICWA), which aims to protect the best interests of Indian children and to promote the stability and security of Indian tribes and families. Under the ICWA, an Indian child is defined as an unmarried person who is under 18 years old and is either a member of a federally recognized tribe or is eligible for membership in a tribe. This age threshold is significant as it establishes the legal framework for the placement and jurisdiction of Indian children in custody proceedings, aiming to prevent the removal of Indian children from their families and tribes.

The age of 18 is crucial in legal contexts, as it signifies the transition to adulthood and the cessation of eligibility for protective measures that are afforded to minors. Therefore, identifying an Indian child as under 18 not only helps in compliance with laws protecting these children but also underscores the importance of considering cultural and familial connections in their upbringing.