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“INDIAN CHILD WELFARE ACT AMENDMENTS OF 2002” mentioning the Department of Interior was published in the Extensions of Remarks section on pages E790 on May 14, 2002.
The publication is reproduced in full below:
INDIAN CHILD WELFARE ACT AMENDMENTS OF 2002
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HON. DON YOUNG
of alaska
in the house of representatives
Tuesday, May 14, 2002
Mr. YOUNG of Alaska. Mr. Speaker, I rise today to introduce legislation with my colleague, Congressman J.D. Hayworth of Arizona to amend the Indian Child Welfare Act (ICWA). This bill clarifies Congress's intent with regard to ICWA.
Many of the bill's provisions are included in direct response to tribal comments on H.R. 2644, an ICWA bill I introduced last year in response to tribal concerns. H.R. 2644 was drafted with the input of the Association on American Indian Affairs, Tanana Chiefs Conference, National Indian Child Welfare Association, National Congress of American Indians, the American Academy of Adoption Attorneys, various tribes and other concerned organizations. The changes that the present bill makes to H.R. 2644 also reflect input from each of these named organizations, although the American Academy of Adoption Attorneys has not had the opportunity to review a number of these.
It has been my policy to have all affected parties participate in the legislative process to help finalize a bill for passage. With this in mind, it is my intent to include the American Academy of Adoption Attorneys later in the legislative process.
In 2002, we still have American Indian and Alaska Native children being adopted out of families, tribal communities and states. We continue to have this problem in Alaska and I have been asked to introduce amendments to further clarify the ICWA. The amendments include, among others, the following provisions:
Requires detailed notice to Indian tribes in all voluntary child custody proceedings and to parents and tribes in all involuntary proceedings.
Clarifies right of Indian tribes to intervene in all voluntary state court child custody proceedings, provided that the tribe files a notice of intent to intervene or a written objection within 45 days of receiving notice of a voluntary termination of parental rights or within 100 days of receiving notice of a particular adoptive placement, and certifies that a child is a member or eligible for membership at the time of its intervention.
Requires notice to extended family members and recognizes their right to intervene in state child custody proceedings.
Requires attorneys, public and private agencies to provide detailed information to Indian parents of their rights under ICWA.
Limits parents' rights to withdraw consent to an adoption to 6 months after relinquishment of the child or 30 days after the filing of an adoption petition, whichever is later.
Clarifies tribal jurisdiction in Alaska.
Facilitates ability of tribes without reservations, including tribes in Alaska and Oklahoma, or with disestablished reservations to assume jurisdiction over child custody proceedings.
Narrows the grounds upon which state courts can refuse to transfer cases to tribal courts.
Clarifies tribal court authority to declare children wards of the tribal court.
Defines the circumstances under which state ICWA violations may be reviewed by federal courts and provides for federal review of state ICWA compliance.
Provides for criminal sanctions for anyone who assists a person to lie about their Indian ancestry for the purposes of applying the ICWA.
Allows state courts to enter enforceable orders providing for visitation or contact between tribes, natural parents, extended family and an adopted child.
Extends ICWA to cover children of state-recognized Indian tribes (in some cases), and children who reside or are domiciled on a reservation and are the child or grandchildren of a member, but who are not eligible for tribal membership.
Makes it easier for adoptees to gain access to their birth records.
I think it is appropriate that Congress further clarifies the ICWA to ensure that American Indian and Alaska Native children are not snatched from their families or tribal communities without cause. In July of 2001, the Child Welfare League of America offered American Indians something they have longed to hear for more than three decades: an apology for taking American Indian children.
``It was genuinely believed that Indian children were better off in white homes,'' said Terry Cross, Executive Director of the National Indian Child Welfare Association. (San Antonio Express News, Sunday, July 1, 2001 Article).
That changed in 1978 when Congress passed the Indian Child Welfare Act. Even now, Cross cites problems. ``Sometimes social workers are not properly trained to identify children as Indian. Or agencies fail to notify tribes of adoptions.'' (San Antonio Express News, Sunday, July 1, 2001 Article).
I believe these FY 2002 ICWA amendments to be acceptable legislation which will protect the interests of prospective adoptive parents, Native extended families, and most importantly, American Indian and Alaska Native children.
The Committee on Resources will seek additional input from the Department of Justice, the Department of the Interior and the Department of Health and Human Services. I am hopeful that these agencies will again embrace this legislation so that we can affirm this country's commitment to Protect Native American families and promote the best interest of Native children.
I urge and welcome support from my colleagues in further clarifying the ICWA to ensure no more American Indian or Alaska Native children are lost.
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