Laws and Regulations

Laws, regulations, and other regulatory documents related to Indian child welfare.

Child Welfare Policy Manual Updated July 30, 2024

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On July 30, the Administration for Children and Families under the Department of Health and Human Services introduced vital new policies to the Children’s Bureaus’ Child Welfare Policy Manual (CWPM). The CWPM provides additional clarifications on federal law and regulations in child welfare. Read about recent updates at the Children’s Bureau website.

Notice of Public Briefing of the Hawai’i Advisory Committee to the U.S. Commission on Civil Rights

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Notice is hereby given, pursuant to the provisions of the rules and regulations of the U.S. Commission on Civil Rights (Commission) and the Federal Advisory Committee Act (FACA), that the Hawai’i Advisory Committee (Committee) to the U.S. Commission on Civil Rights will convene by ZoomGov on Friday, August 2, 2024, from 2:00 p.m. to 3:30 … Read more

Indian Child Welfare Quarterly and Annual Report and Tribal Reassumption of Jurisdiction over Child Custody Proceedings, 25 CFR 13.

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4. The BIA is seeking to revise the information collection conducted under 25 CFR 23, related to the Indian Child Welfare Act (ICWA). The BIA uses the information to determine the extent of service needs in local Indian communities, assess ICWA program effectiveness, and provide date for the annual program budget justification. 15. The BIA … Read more

Bills would ensure guardianship cases in tribal court are eligible for state assistance

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Right now, people who become a child’s legal guardian aren’t eligible for state assistance if their case is in a Michigan tribal court. Two bills in the state legislature would change that. They would extend the financial benefits of the Guardianship Assistance Program to all legal guardians, regardless of what court handles their case. Read … Read more

North Dakota bill seeks to protect Native American adoption rules as court decision looms

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Davis said the potential reversal of ICWA at the federal level adds urgency to her mission to pass a similar state law in North Dakota. The Democratic legislator said all five tribes that share geography with North Dakota were consulted during the drafting of House Bill 1536. Read the full article at InForum.

U.S. Representatives Chu and Bacon introduce bipartisan Indian child welfare legislation

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This week, Representative Judy Chu (CA-27) and Representative Don Bacon (NE-02) introduced the bipartisan Strengthening Tribal Families Act, legislation designed to assist state and local child welfare agencies with implementing the Indian Child Welfare Act (ICWA). ICWA, which sets federal standards for abuse or neglect custody proceedings involving native children, lessens the trauma of removal … Read more

Proposed Law Would Make it Easier for Native Americans to Argue their Side in Child Custody Cases

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California lawmakers are considering a proposal to make it easier for Native American tribes to make their arguments in child custody cases.Technically, the proposed legislation, AB 686, would let lawyers or other representatives of Native American tribes appear by phone or electronically in cases involving the possible removal of Native American children from their families … Read more

Colorado is Out of Compliance with Indian Child Welfare Act

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Colorado is out of compliance with the Indian Child Welfare Act, which requires courts make an effort to place Native American children in state custody with tribal or Native homes. House Bill 1232, co-sponsored by Rep. Marc Catlin, R-Montrose, offers minor fixes to Colorado laws for administering ICWA. “This proposed law writes into Colorado law … Read more

Utah Signs Inter-Governmental Agreement to Support Navajo Families

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February 5, 2019Yesterday, Utah Attorney General Sean D. Reyes met with the leadership of the Navajo Nation, reported on the proceedings of the ICWA lawsuit, and signed an Inter-Governmental Agreement (between DCFS & Navajo Nation) with Governor Gary R. Herbert. The Agreement is the result of a two-year process working with the Navajo Nation on the … Read more

Tribal Adoption Parity Act Reintroduced

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U.S. Senators Amy Klobuchar, Chairman of the Senate Committee on Indian Affairs, John Hoeven, vice chairman of the Senate Committee on Indian Affairs, Tom Udall and Jerry Moran reintroduced the bipartisan Tribal Adoption Parity Act legislation that would bring parity to tribal government for the adoption tax credit. Read the full article at the Minot … Read more

Trump Administration Delays New Child Welfare Data Rules Until 2020, But Plans Changes to Obama Plan

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In 2016, the Obama administration finalized AFCARS rules that would for the first time require states to track information related to, among other subjects, the Indian Child Welfare Act (ICWA), the disruption of adoptions and guardianships, education stability and sexual orientation. Read the full article at the Chronicle of Social Change website.

Revised Indian Child Welfare Act; Designated Tribal Agents for Service of Notice

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A Federal Register Notice by the Indian Affairs Bureau made on 6/04/18. The regulations implementing the Indian Child Welfare Act provide that Indian tribes may designate an agent other than the tribal chairman for service of notice of proceedings under the Act. This notice includes the current list of designated tribal agents for service of … Read more

Rep. Rendon Supports Bill to Allow Tribal Representatives Access to Documents

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State Rep. Daire Rendon has voted with the House Families, Children, and Seniors Committee to give tribal social services access to certain records that would allow them to communicate with the Michigan Department of Health and Human Services for the best interest of children in their tribe. Read the full press release at the Michigan … Read more

Historic Alaska Tribal Child Welfare Compact Signed

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Alaska Governor Bill Walker used an appearance Thursday at the annual Alaska Federation of Natives convention in Anchorage to sign a historic compact between the State of Alaska, tribes, and tribal organizations. The compact will allow tribes and tribal organizations to provide child welfare services and programs that previously were delivered by the Alaska Office … Read more

Revised Indian Child Welfare Act; Designated Tribal Agents for Service of Notice

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A Federal Register Notice by the Indian Affairs Bureau made on 3/08/17. The regulations implementing the Indian Child Welfare Act provide that Indian tribes may designate an agent other than the tribal chairman for service of notice of proceedings under the Act. This notice includes the current list of designated tribal agents for service of … Read more

Walker Signs Two Bills into Law

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Gov. Bill Walker has signed into law bills intended to help foster youths and ease adoption in Alaska. Among other elements, House Bill 200 implements portions of the Indian Child Welfare Act that ease the adoption process for tribal members adopting a child of the same tribe. The bill also allows up to four legal … Read more

DOI Announces Trainings on New ICWA Regulations

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Dear Tribal Leader: We would like to invite you and/or your child welfare designee to trainings on the recently published final regulations governing the Indian Child Welfare Act (ICWA). The final ICWA rule was published in the Federal Register on June 14, 2016 (see 81 Fed. Reg. 38778), and takes effect on December 12, 2016. … Read more

Media Coverage of the New ICWA Regulations

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Interior Secretary Says Changes To Indian Child Welfare Act ‘Close Loopholes.’ Oregon Public Broadcasting. June 10, 2016. BIA announces final ICWA rule revisions. Native Times. June 9, 2010. Breaking: BIA Publishes Final ICWA Rule. Indian Country Today. June 8, 2010. Judges must ask about youths’ tribal status under new rule. Salon.com (AP). June 8, 2016.

New Indian Child Welfare Act Regulations Published in the Federal Register

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RULES AND REGULATIONS DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs (6/14/16) Indian Child Welfare Act Proceedings See: 81 FR 38777 SUMMARY: This final rule adds a new subpart to the Department of the Interior’s (Department) regulations implementing the Indian Child Welfare Act (ICWA), to improve ICWA implementation. The final rule addresses requirements for State … Read more

Obama signs bill protecting children in tribal foster care

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SIOUX FALLS, S.D. — President Barack Obama on Friday signed into law a measure meant to bolster protections for Native American children placed into the tribal foster care system. The law, which comes years after serious flaws were uncovered in the child welfare system of a Native American tribe in North Dakota, requires background checks … Read more

New Federal Rules on Comprehensive Child Welfare Information System

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RULES AND REGULATIONS DEPARTMENT OF HEALTH AND HUMAN SERVICES Office of the Secretary Administration for Children and Families (6/2/16) Comprehensive Child Welfare Information System 81 FR 35449, (PDF) SUMMARY: This final rule replaces the Statewide and Tribal Automated Child Welfare Information Systems (S/TACWIS) rule with the Comprehensive Child Welfare Information System (CCWIS) rule. The rule … Read more

Tester Introduces Major Legislation to Help Indian Country Fight Growing Drug Epidemic

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Tester’s bill, the Tribal Youth and Community Protection Act, will reestablish the ability for tribes to arrest and prosecute any offender for drug related crimes, domestic violence against children, and crimes committed against tribal law enforcement officers. “Tribal communities must have every tool they need to protect themselves from folks who traffic illegal drugs and … Read more

Proposed Federal Regulation on Adoption and Foster Care Analysis and Reporting System

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PROPOSED RULES DEPARTMENT OF HEALTH AND HUMAN SERVICES Administration for Children and Families (4/7/16) Adoption and Foster Care Analysis and Reporting System 81 FR 20283, (PDF) SUMMARY: On February 9, 2015, the Administration for Children and Families (ACF) published a Notice of Proposed Rulemaking (NPRM) to amend the Adoption and Foster Care Analysis and Reporting … Read more

Indian Children’s Law in Choctaw Foster Case Praised by Some, Criticized by Others

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A California couple’s fight to reunite with a 6-year-old foster child who was taken from their home last week because she is 1/64th Choctaw Native American has cast a spotlight on the Indian Child Welfare Act. The law has been long hailed as a protective tool for Native American communities by some and criticized as … Read more

Historic Agreement Gives Tribe Foster Care Control: Jurisdiction Over Child Welfare to Transfer from State to Tlingit and Haida Central Council

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When children are taken out of their homes due to neglect or abuse, they’re under the responsibility and jurisdiction of the State Office of Children’s Services. Now, through an agreement signed Wednesday night at the Elizabeth Peratrovich Hall between the State of Alaska and Central Council of the Tlingit and Haida Indian Tribes of Alaska, … Read more

S. Rept. 114-37 – Amending the Indian Child Protection and Family Violence Prevention Act…

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The failure to protect children has a damaging impact on the quality of life on Indian reservations. Native youth are 2.5 times more likely to be victims of abuse or neglect than youth of other ethnicities. Children exposed to violence are more likely to abuse drugs and alcohol and suffer from depression, anxiety, and post-traumatic … Read more

Congress Should Bolster Jurisdiction of Tribal Courts Over Violence Against Children, ABA Urges

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The [American Bar Association] ABA is urging Congress to follow the recommendations of recent reports by the U.S. Justice Department and the Indian Law and Order Commission that call for giving American Indian and Alaska Native tribes more authority to exercise criminal jurisdiction and apply their own remedies in cases that occur on tribal lands, … Read more

Proposed rule to revise the Statewide and Tribal Automated Child Welfare Information System regulations

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The Administration for Children and Families proposes to revise the Statewide and Tribal Automated Child Welfare Information System regulations. This proposed rule will remove the requirement for a single comprehensive system and allow title IV-E agencies to implement systems that support current child welfare practice. It also proposes to establish requirements around design, data quality, … Read more

Native American Education Goes to Congress: 7 Bills to Watch

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Congress has before it several pieces of legislation that could have major impacts on the education of American Indian, Alaska Native and Native Hawaiian children. The bills include exemption from budget cuts, Native Language Immersion Student Achievement Act, Native American Languages Reauthorization Act, Building up Unique Indian Learning, Native Hawaiian Education Reauthorization Act, Native American … Read more

Congress Passes Two Bills to Help Protect Native Children

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Senator John Barrasso (R-WY), Chairman of the Senate Committee on Indian Affairs, praised the Senate’s passage of S. 184, the Native American Children’s Safety Act and S. 246, the Alyce Spotted Bear and Walter Soboleff Commission on Native Children Act. Read the press release from the Senate Committee on Indian Affairs. Highlights of the Native … Read more

May 19 Deadline to Comment on Proposed Regulations

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“The first week of hearings and consultations demonstrated a tremendous groundswell of support in Indian Country,” said Dr. Sarah Kastelic. “It’s exciting to see the momentum created by such a diverse cross section of our communities. Foster and adoptive parents, Native adoptees, foster youth, attorneys and law professors, child psychologists, families still searching for displaced … Read more

Investing in the Future of American Indian and Alaska Native Students

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Today, the Subcommittee on Early Childhood, Elementary, and Secondary Education held a hearing to discuss the educational challenges impacting American Indian and Alaska Native (AI/AN) students and schools. The hearing entitled “Examining the Challenges Facing Native American Schools” is the first hearing exploring this topic since 2008. Read the full press release at the Committee … Read more

Governor Announces Planned Change for Adoption Process of Alaska Native Children

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There were more than a few teary eyes in the governor’s conference room on Thursday, when Gov. Bill Walker announced plans for a significant overhaul to Alaska’s adoption process for Alaska Native children. The move comes after a high-profile Alaska Supreme Court case added potentially impossible-to-clear hurdles to the federal Indian Child Welfare Act’s provisions … Read more

Indian Country Braces for Battle With Adoption Industry Over ICWA Guidelines

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“The federal government’s unwillingness to hear from those groups who have been in the field for many years working directly with those families and children who will be negatively impacted by these guidelines is alarming,” said [American Academy of Adoption Attorneys President] Goldheim. “As a nonprofit organization comprised of child welfare experts, we are committed … Read more

Heitkamp Reintroduces Bipartisan Bill to Ease Financial Costs of Adoption in Tribal Communities

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March 23, 2015, WASHINGTON, D.C. – U.S. Senator Heidi Heitkamp today reintroduced her bipartisan bill to ease the financial challenges of adopting children in tribal communities in North Dakota and across the country. In all 50 states, parents who adopt children with special needs are able to claim the full adoption tax credit, helping to … Read more

Comments Sought on New BIA ICWA Rules

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The Department of the Interior will be conducting tribal consultations and public meetings on the proposed rule through May 2015 to facilitate input and comment on the proposed rule. Meeting times and dates are listed below. The proposed regulations can be found at http://www.indianaffairs.gov/WhoWeAre/BIA/OIS/HumanServices/IndianChildWelfareAct/index.htm Comments can be submitted via any of the following methods: • … Read more

NICWA webinar on new ICWA guidelines: Friday, March 13

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A major development in tribal child welfare policy was announced on February 25, 2015. The Bureau of Indian Affairs announced that it had revised–effective immediately–the Guidelines for State Courts and Agencies in Indian Child Custody Proceedings for the first time since 1979. NICWA is hosting a free webinar on Friday, March 13, 2015, at 10 … Read more

1979 Bureau of Indian Affairs ICWA Guidelines Updated

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The Bureau of Indian Affairs has updated the Guidelines for State Courts and Services in Indian Child Custody Proceedings. These updated guidelines provide guidance to State courts and child welfare agencies implementing the Indian Child Welfare Act’s (ICWA) provisions in light of written and oral comments received during a review of the Bureau of Indian … Read more

Native American Kids Need More Protection, Advisory Panel Tells Holder

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A panel of Indian-country experts will recommend to Attorney General Eric H. Holder Jr. on Tuesday that tribes be allowed to criminally prosecute non-Indians who sexually or physically abuse Native American children on tribal land, saying that juveniles on reservations are living with “dire” levels of violence and poverty. Read the full article at the … Read more

Department of Justice holds meeting (and webcast) 11/18/14 in DC to review and release findings & recommendations of their report on children exposed to violence.

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Justice Department (DOJ); Office of Justice Programs (OJP); Coordinating Council on Juvenile Justice and Delinquency Prevention (F.R. Page 56405) – Meeting (Webcast of meeting also available.) TIME: 10:30 a.m. EVENT: Justice Department (DOJ); Office of Justice Programs (OJP); Coordinating Council on Juvenile Justice and Delinquency Prevention (F.R. Page 56405) holds a meeting of the Coordinating … Read more

Alaska Supreme Court’s latest ICWA Decision is a Blow to Alaska Native Family Rights

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On September 12, 2014, the Alaska Supreme Court issued a decision that will effectively bar most Alaska Native families from asserting their rights under the Indian Child Welfare Act (ICWA) and in doing so will increase the number of Native children severed from their families and culture. In the Native Village of Tununak II v. … Read more

Senate Passes Preventing Sex Trafficking and Strengthening Families Act

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[September 19, 2014] Last night, the U.S. Senate passed the Preventing Sex Trafficking and Strengthening Families Act, bipartisan child welfare legislation aimed at reducing child sex trafficking, increasing adoptions and improving child support collections.  The bill includes a number of proposals from legislation introduced by U.S. Senator Orrin Hatch (R-Utah) last September (S. 1518, the … Read more

House Passes Bill To Prevent Sex Trafficking, Strengthen Vulnerable Children and Families

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On Wednesday, July 23, 2014, the House of Representatives unanimously approved H.R. 4980, the “Preventing Sex Trafficking and Strengthening Families Act.” This bipartisan, bicameral bill reflects agreements reached between House and Senate leaders on three separate bills designed to prevent sex trafficking of children in foster care, increase adoptions from foster care, and increase child … Read more

Legislation Introduced to Help Adoptive Parents in Indian Country Receive Adoption Tax Credit

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July 9, 2014 U.S. Senators Tim Johnson (D-SD), James Inhofe (R-OK), Heidi Heitkamp (D-ND), and Lisa Murkowski (R-AK) today introduced the Tribal Adoption Parity Act. The legislation ensures parents adopting American Indian and Alaskan Native children through tribal courts are treated fairly under our nation’s tax code by making it easier for adoptive parents across … Read more

Strengthening Tribal Communities through Education and Economic Development: Reforms to the Bureau of Indian Education

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In the wake of Friday’s visit by President Barack Obama and First Lady Michelle Obama to the Standing Rock Sioux Reservation in North Dakota, the White House released an action plan to help strengthen and sustain at least two of Obama’s biggest initiatives in Indian country: Education and Economic Development. Acknowledging the “crisis” in Indian … Read more

Cramer Announces June 24, 2014, House Hearing on Spirit Lake Child Welfare

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On Tuesday, June 24th, the House Natural Resources Subcommittee on Indian and Alaska Native Affairs will hold an oversight hearing entitled “Child Protection & the Justice System on the Spirit Lake Indian Reservation.” This hearing will assess whether Congressional action is needed to address systematic problems with the child welfare and justice system on the … Read more

Hale Fights to Ensure Indian Child Welfare Act Law is Followed by New Arizona Department of Child Safety

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PHOENIX, May 29 — Arizona Democratic legislators issued the following news release: Rep. Albert Hale, D-St. Michaels (District 7), worked with Sen. Carlyle Begay, D-Ganado (District 7), and Rep. John Kavanagh, R-Fountain Hills (District 23), to ensure language requiring compliance with the federal Indian Child Welfare Act was added to recently passed legislation that will … Read more

Senate Committee Passes Bipartisan Bill to Stand Up for Native American Children

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May 21, 2014: During a Senate Committee vote today, U.S. Senator Heidi Heitkamp’s bipartisan bill to create a Commission on Native Children overwhelmingly passed – the final step before the bill goes to the full Senate. Since the bill was introduced a few months ago, Heitkamp has worked to build strong support for it. The … Read more

A Survey and Analysis of Select Title IV-E Tribal-State Agreements including Template of Promising Practices

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The Association on American Indian Affairs, with support from Casey Family Programs, recently released their report,  A Survey and Analysis of Select Title IV-E Tribal-State Agreements including Template of Promising Practices. From the report: This report provides a detailed analysis of Title IV-E tribal-state agreements, which includes an overall summary of the status of current … Read more

Senate passes Child Care and Development Block Grant Act of 2014

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Thursday (March 13), the United States Senate passed the bipartisan Child Care and Development Block Grant Act of 2014, legislation that includes Senator Mazie K. Hirono’s measures for Native Hawaiian children. The bill updates and improves the Child Care Development Block Grant (CCDBG) program created in 1990, which provides states with federal funding to help … Read more

Senate Indian Affairs Committee Oversight Hearing: “Early Childhood Development and Education in Indian Country”

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Date: 02/26/2014 02:30 PM Type: Oversight Hearing Watch the video of the hearing at the Senate website (coverage begins at 10:15 of the video). Panel 1 Ms. Linda K. Smith Deputy Assistant Secretary and Inter-Departmental Liaison-for Early Childhood Development, Administration for Children and Families, U.S. Department of Health and Human Services, Washington, DC View Testimony … Read more

Nebraska Legislature Considers Bill That Would Help Prevent the Breakup of Native Families

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Nebraska has the third-highest rate of Native children in foster care, said Lincoln Sen. Colby Coash, who introduced the Nebraska bill on behalf of the State-Tribal Relations Committee. . . . His bill would require state agencies to reach out to all tribes from which a Native child may be descended when a child who … Read more

Hearing of the Advisory Committee of the Attorney General’s Task Force on American Indian/Alaska Native Children Exposed to Violence

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Summary from the Federal Register: This is an announcement of the first hearing of the Advisory Committee of the Attorney General’s Task Force on American Indian/Alaska Native Children Exposed to Violence (hereafter referred to as the AIAN Advisory Committee). The AIAN Advisory Committee is chartered to provide the Attorney General with valuable advice in the … Read more

Senate Bill Proposes Examining Native Youth Issues

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On Wednesday, Sen. Heidi Heitkamp, D-N.D., presented Senate Bill No. 1622 to create a national commission to study and address the high rates of poverty, child abuse, domestic violence, crime, substance abuse and high school drop outs that plague Native youth, along with making recommendations to solve those problems. Read more at the Farmington Daily … Read more

New U.S. Legislation Introduced to Help Native American Children

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From a 10/30/13 press release: HEITKAMP INTRODUCES FIRST BILL AS U.S. SENATOR; AIMS TO IMPROVE THE LIVES OF NATIVE AMERICAN CHILDREN Summary of the Bill and Quotes from North Dakota Tribal Leaders Below WASHINGTON, D.C. – U.S. Senator Heidi Heitkamp today introduced her first bill since joining the U.S. Senate, a comprehensive plan to find … Read more

Nominees to Serve on the Bureau of Indian Education Advisory Board for Exceptional Children Notice Posted in Federal Register

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WASHINGTON, Oct. 22 — The U.S. Department of the Interior published the following notice in the Federal Register from the Indian Affairs Bureau: Request for Nominees to Serve on the Bureau of Indian Education Advisory Board for Exceptional Children Nomination applications must be received on or before November 15, 2013. Read the notice at the … Read more

Pilot Project for Tribal Jurisdiction Over Crimes of Domestic Violence, DOJ Notice of 6/14/13

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The Department of Justice announces a pilot project for tribal jurisdiction over crimes of Domestic Violence, Friday, June 14, 2013, 78 FR 35961-01, (PDF), 2013 WL 2643596 Related News: VAWA Pilot Project Notice in Federal Register, plus supporting materials (Turtletalk) 6/14/13. SUMMARY: This notice proposes procedures for an Indian tribe to request designation as a … Read more

ICWA Resource Page (California Courts)

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The Tribal/State Programs Unit of the Center for Families Children and the California Courts have created a webpage to assist those involved in Indian Child Welfare Act (ICWA) proceedings.  The page can help them understand their legal obligations under ICWA and comply with those requirements. Subjects covered include ICWA job aids; law, rules & regulations; … Read more

House Bill Introduced to Recognize Indian Tribal Governments for Purposes of Identifying Children With Special Needs

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On June 12, 2013, Mr. Kilmer  introduced the following bill; which was referred to the Committee on Ways and Means. HR 2332 — Adoption Tax Credit Tribal Parity Act of 2013: To amend the Internal Revenue Code of 1986 to recognize Indian tribal governments for purposes of determining under the adoption credit whether a child … Read more

Mississippi – Choctaw Memorandum of Understanding Related to ICWA

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In October 2012, the Mississippi Band of Choctaw Indians and the Mississippi Department of Human Services signed a Memorandum of Understanding (MOU) related to the Indian Child Welfare Act. The purpose of the MOU is to initiate coordination of social services between the agencies in situations where Choctaw children and families live off of the … Read more

Resource: ICWA Desk Guide (Casey Family Programs)

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Produced by the Casey Family Programs, this eight-page Indian Child Welfare Act (ICWA) desk guide is a general reference about the major provisions of the ICWA and the laws and policies regarding the application of the law in different jurisdictions. (Some states provide guidance regarding ICWA in their policy manuals and through training; other states … Read more

ICWA Resource Page (NICWA)

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The National Indian Child Welfare Association (NICWA) offers a page of resources related to the Indian Child Welfare Act of 1978 (ICWA) at http://www.nicwa.org/Indian_Child_Welfare_Act/. The page includes: NICWA and ICWA Compliance – A description of the way in which NICWA supports tribes in their efforts to effectively address ICWA compliance. Frequently Asked Questions History of … Read more

Legislative History of the Indian Child Welfare Act of 1978 (NARF)

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The Native American Rights Fund (NARF) provides a full legislative history for the Indian Child Welfare Act that includes links to the full text of original bills and enacting laws as well as related hearing, reports and debates.  In addition, the page links to more recent reports, such as Indian Child Welfare Act Amendments of … Read more