Standing Strong for Native Families
A website from the Native American Rights Fund
On July 15, the Uniform Law Commission, which drafts and promotes the enactment of consistent state laws, released a nonbinding model law for states that updates and clarifies child welfare protections for tribal children and families, according to reporting from The Imprint. It is a template for states without their own Indian Child Welfare Act … Read more
After years of study, the nonpartisan commission that proposes model state laws has released recommendations for updating and clarifying the Indian Child Welfare Act. Since ICWA was enacted in 1978 to better protect tribal families in child welfare cases, compliance has been inconsistent nationwide, and Native American children continue to be overrepresented in the foster care system. Seventeen states, … Read more
Wyoming lawmakers are moving forward with a bill to make the state’s version of the federal Indian Child Welfare Act (ICWA) permanent. The state adopted its own iteration a few years ago, when it looked like the federal law might get struck down in court. Read the full story at Wyoming Public Media.
The Wyoming Legislature’s Select Committee on Tribal Relations approved a bill draft this week that would remove the July 2027 sunset date from the Wyoming Indian Child Welfare Act. Read the full story at County 10 – Fremont County Wyoming.
A bill revising the Montana Indian Child Welfare Act — a priority bill this session for the Montana American Indian Caucus — was signed into law earlier this month, though in a much weaker form than initially proposed. Read the full article at the Montana Free Press.
Brittani Lopez cuddled her 15-month-old daughter while testifying at a virtual hearing before the Colorado state Legislature earlier this year. Elizabeth, who spent her early months in the child welfare system, wore a pink onesie and tugged at her Sicangu Lakota mother’s long porcupine-quill earrings as Lopez urged lawmakers to improve Colorado’s Indian Child Welfare Act (ICWA). … Read more
Two priority bills for the Montana Legislature’s American Indian Caucus are back in play after strategic moves last week by Sen. Jonathan Windy Boy, a Democrat from Box Elder. While the bills were previously voted down in Senate committees, Windy Boy on Feb. 21 brought motions to revive legislation to update and extend Montana’s Indian Child … Read more
Utah’s version of the federal Indian Child Welfare Act has once again stalled in the Legislature. Around two dozen Indigenous Utahns from some of the state’s eight federally recognized tribes gathered at the capitol on Feb. 21, to call on lawmakers to pass the latest version of the bill. Read the full article at KUER NPR Utah.
The Indian Child Welfare Act of 1978 (ICWA) has been considered the “gold standard” of child welfare best practice from experts in the field. This is because it requires active efforts to keep children safe in their homes and connected to their families, communities, and culture. For the past 46 years, ICWA has stood as a powerful force in … Read more
Pourier’s bills would create a two-year task force to study Native American child welfare as well as codify and expand a piece of ICWA in state law. Republican Rep. Tamara St. John, from Sisseton and a member of the Sisseton Wahpeton Oyate, is the prime sponsor of a bill that would establish an Indian Child Welfare Advisory Council in the state … Read more
In a letter that went out on September 26, the Uniform Law Commission announced a second listening session on the benefits and drawbacks of a potential model state ICWA law. See full post on Turtle Talk for additional information.
North Dakota Governor Doug Burgum signed a bill into law codifying the federal Indian Child Welfare Act into North Dakota, and our Native Americans have a lot to say about it. Read the full article at the KX News website.
The state’s Indian Child Welfare Act Task Force met for the first time in Riverton to discuss next steps after the U.S. Supreme Court upheld the 1978 federal law earlier this summer. Read the full article at Wyoming Public Radio.
While ICWA remains a federal law, a dozen states have already moved to bring some or all of the law’s tenets into state child welfare codes. During the current legislative season, several other states have local ICWA laws under consideration. The Imprint has set up this basic state ICWA tracker to update readers on developments. … Read more
Read the full opinion at the National Indian Law Library.
Jones said it is unclear which act, ICWA or ASFA, applies to South Dakota Native families at which time, and that the conflict of these two laws has caused confusion among Native families. He said state legislation could help iron that out. Read the full article at the Mitchell Republic website.
Montana Gov. Greg Gianforte has signed legislation giving Native American families preference in fostering and adopting Native children involved with child protective services, a proactive move to protect such rights as the U.S. Supreme Court considers a case that could undercut them nationally. Read full article at Religion News Service.
Some states are working to enshrine their own versions of the federal Indian Child Welfare Act ahead of the anticipated U.S. Supreme Court decision that could overturn the policy. But Utah isn’t one of them. Read the full article at KUER.
While ICWA is a federal law, a dozen states have already moved to bring some or all of the law’s tenets into state child welfare codes. During the current legislative season, several other states have local ICWA laws under consideration. The Imprint has set up this basic state ICWA tracker to update readers on developments. … Read more
Find a compilation of state ICWA laws, including benchbooks and proposed laws, at Turtle Talk.
North Dakota House Bill 1536 passed the state legislature yesterday, April 25. The bill codifies ICWA into state law, meaning if the Supreme Court were to make changes to the federal law, it would not apply to North Dakota law unless the North Dakota Legislature chose to amend the law adopted in HB 1536 in … Read more