WASHINGTON – Recently, a bipartisan group of federal lawmakers announced the introduction of legislation intended to add some strengthening to the Indian Child Welfare Act.
The “Strengthening Tribal Families Act of 2024” requires the Department of Health and Human Services to develop a technical assistance plan using six metrics to assess the strengths and weaknesses of states’ implementation plans of the Indian Child Welfare Act judge.
[Editor’s Note: This article first appeared in the Cherokee Phoenix. Used with permission. All rights reserved.]
The measure was introduced to the U.S. House of Representatives by Rep. Don Bacon, R-Nebraska, along with representatives. Judy Chu, D-California; Tom Cole, R-Oklahoma; Sharice Davids, D-Kansas; and Dan Kildee, D-Missouri.
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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 abducted from their tribal communities and culture during custody or guardianship proceedings,” Cole said. “However, due to the large number of Indian children entering our foster care system, ICWA is not enough. I am proud to have worked with Congressman Bacon, Congressman Chu, Congressman Davids, Congressman Schweikert, and Congressman Kildee to lead the Strengthening Tribal Families Act of 2024, which will strengthen ICWA protections and ensure that Native American children remain in their own communities.”
Congress passed the ICWA in 1978 to address the high number of Native children being removed from their homes and separated from their families. The ICWA has established federal standards for the removal of Native American children from their homes, prioritizing placement in homes with their Indian culture. ICWA also imposes federal requirements on cases of child abuse and state adoption of indigenous children.
In June 2023, the ICWA received a boost when it was declared 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,” said Chuck Hoskin Jr., Chief of the Cherokee Nation. “But more needs to be done to strengthen the Indian Child Welfare Act and protect the law from future attacks. I applaud Representatives Bacon, Chu, Cole, Davids, and Kildee for introducing this important legislation, and Senator Baldwin for carrying this effort in the Senate. Cherokee Nation supports this bill and will advocate for its passage.”
Implementation of ICWA continues to vary among states and indigenous tribal interests. Estimates have suggested that Native American children are 2.5 times more likely to enter the foster care system than non-Native children. This bill is intended to enable HHS to provide states with evidence-based assistance to improve their plans for implementing ICWA.
“The Strengthening Tribal Families Act of 2024 will help states improve their compliance with ICWA, allowing more Indian children to remain within their tribal cultures,” 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 that kinship placement helps children develop stronger bonds with their extended family and culture.”
Chu called it “unfinished work” of helping Indigenous children who enter foster care stay in homes with a familiar culture.
“I am leading the Strengthening Tribal Families Act of 2024 … so we can help state child welfare agencies implement those critical federal ICWA protections for tribal children,” Chu said. “By strengthening relationships between these agencies and the courts and comprehensively analyzing the data that states provide to HHS at regular intervals, the federal government can secure better outcomes for Native children everywhere and support Indian Country.”
About the Author: “Levi \”Calm Before the Storm\” Rickert (Prairie Band Potawatomi Nation) is the founder, publisher and editor of Native News Online. Rickert was awarded the Best Column 2021 Native Media Award for the print category\/ online by the Native American Journalists Association. He is a member of the advisory board of the Multicultural Media Correspondents Association. He can be reached at levi@nativenewsonline.net.
Contact: levi@nativenewsonline.net
