WASHINGTON, D.C. – Recently, a
bipartisan group of federal lawmakers announced their introduction of
legislation intended to add some reinforcement to the Indian Child
Welfare Act.
The “Strengthening Tribal Families Act of 2024” would
require the Department of Health and Human Services to create a
technical assistance plan using six metrics of data to assess the
strengths and weaknesses of states’ implementation plans of the Indian
Child Welfare Act.
The measure was introduced to the U.S. House of
Representatives by Rep. Don Bacon, R-Nebraska, along with Reps. Judy
Chu, D-California; Tom Cole, R-Oklahoma; Sharice Davids, D-Kansas; and
Dan Kildee, D-Missouri.
Sen. Tammy Baldwin, D-Wisconsin, will introduce the legislation in the U.S. Senate.
“The
Indian Child Welfare Act protects vulnerable Native American children
from being taken from their tribal communities and culture during
custody or guardianship proceedings,” Cole said. “However, due to such a
high rate of Indian children entering into our foster care system, ICWA
is not enough. I am proud to have partnered with Congressman Bacon,
Congresswoman Chu, Congresswoman Davids, Congressman Schweikert and
Congressman Kildee to lead the Strengthening Tribal Families Act of
2024, which will strengthen ICWA protections and ensure Native American
children remain in their own communities.”
Congress passed ICWA in
1978 to address the high rate of Native children being removed from
their homes and separated from families. The ICWA established federal
standards for the removal of Native American children from their homes
while prioritizing placement in homes with their Indian culture. ICWA
also sets federal requirements for state child abuse and adoption cases
for Native children.
In
June 2023, the ICWA received a boost when it was ruled constitutional
by the U.S. Supreme Court with a 7-2 decision in Halaand v. Brackeen.
“Brackeen
was a landmark decision and a major victory for Native tribes, children
and the future of our culture and heritage,” Cherokee Nation Principal
Chief Chuck Hoskin Jr. said. “But more needs to be done to strengthen
the Indian Child Welfare Act and protect the law from future attacks. I
applaud Reps. Bacon, Chu, Cole, Davids and Kildee for introducing this
important legislation, and Sen. Baldwin for carrying this effort in the
Senate. Cherokee Nation supports this bill and will advocate for its
passage.”
The implementation of ICWA continues to vary between
states and Native tribal interests. Estimates have suggested Native
American children are 2.5 times more likely to enter the foster care
system than non-Native children. This bill is intended to allow HHS to
be able to provide states with evidence-based assistance to improve
their plans for implementation of ICWA.
“The Strengthening Tribal
Families Act of 2024 will help states improve their compliance with
ICWA, which will help more Indian children remain within their tribal
culture,” Bacon said. “With Indian children disproportionately
represented in the foster care system, this bill will help us achieve
better outcomes for Indian children. Research shows us kinship placement
helps children develop a stronger attachment to their extended family
and culture.”
Chu cited the “unfinished work” of helping Native
children who enter the foster care be placed with homes that have a
familiar culture.
“I’m leading the Strengthening Tribal Families
Act of 2024 … so we can assist state child welfare agencies in
implementing those critical ICWA federal protections for tribal
children,” Chu said. “By strengthening the relationships between these
agencies and the courts and comprehensively analyzing data supplied to
HHS by states at regular intervals, the federal government can secure
better outcomes for tribal children everywhere and support Indian
Country.”
SOURCE: https://www.cherokeephoenix.org/news/house-members-introduce-icwa-enhancement-measure/article_148198f4-2f0d-11ef-9a1e-f3dd35426164.html