Bill Introduced to Strengthen ICWA

By Isaac White

A bipartisan and bicameral group of legislators introduced the "Strengthening Tribal Families Act of 2024." Spearheaded by Representative Don Bacon (R-NE-02) and joined by Representatives Judy Chu (D-CA-28), Tom Cole (R-OK-04), Sharice Davids (D-KS-03), Dan Kildee (D-MI-08), and Senator Tammy Baldwin (D-WI), this legislation aims to bolster the Indian Child Welfare Act of 1978. The bill addresses the pressing issue of Indian children disproportionately represented in the foster care system and seeks to enhance the outcomes by ensuring a stronger adherence to their cultural and familial connections.

“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,” said Rep. Bacon. “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.”

The Indian Child Welfare Act (ICWA) was enacted by Congress in 1978 in response to the alarming rate at which Indian children were being removed from their homes and separated from their families. This pivotal legislation set federal standards for the removal and placement of Indian children in foster care and adoption proceedings, prioritizing their placement within Indian culture to maintain their heritage and ties to their communities.

Despite the protections intended by ICWA, variations in implementation across different states have led to inconsistent outcomes and a lack of comprehensive data on its effectiveness. Representative Sharice Davids highlighted the ongoing challenges, stating, “Since 1978, the historic Indian Child Welfare Act has protected vulnerable children from being taken from their tribal communities and cultures during custody or guardianship proceedings. The Strengthening Tribal Families Act of 2024 is another step in to ensure states have the resources needed to implement ICWA and protect Native children. I’m proud to join Representatives Bacon, Chu, Cole, and Kildee in this effort.”

Strengthening Tribal Families Act of 2024 aims to refine the implementation of the Indian Child Welfare Act (ICWA) across states. This new bill mandates the creation of a technical assistance plan by the U.S. Department of Health and Human Services (HHS), designed to assess and support state efforts in implementing ICWA effectively.

“The Indian Child Welfare Act (ICWA) protects vulnerable Native American children from being taken from their tribal communities and culture during custody or guardianship proceedings. However, due to such a high rate of Indian children entering into our foster care system, ICWA is not enough,” said Rep. Cole. “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.”

The legislation specifies a set of six metrics to guide these assessments, focusing on crucial areas such as the timely identification of Indian children in child custody cases, ensuring prompt tribal notifications, and analyzing the outcomes of jurisdictional transfers. Additionally, it demands rigorous scrutiny of state practices concerning the placement and parental rights termination proceedings of Indian children, aiming to uphold their rights to stay connected with their heritage.

Moreover, the legislation has the potential to serve as a model for other minority communities facing similar challenges. Establishing a successful framework for collaboration between state agencies and tribal governments could pave the way for future initiatives aimed at protecting the rights and cultures of other marginalized groups. This could lead to broader societal changes, where cultural competence and sensitivity become integral to all child welfare systems.

Additionally, the act emphasizes the importance of community input and involvement in shaping child welfare policies. This inclusive approach ensures that the solutions developed are not only effective but also culturally respectful and endorsed by the communities they intend to help. The success of such initiatives relies heavily on local knowledge and leadership, making this act a significant step forward in community-driven social reform.

Representative Judy Chu elaborated on the bill’s goals, stating, “Even with ICWA in place, our nation has unfinished work in helping Native children entering foster care stay within their familiar, nurturing tribal culture,” said Rep. Chu. “I’m leading the Strengthening Tribal Families Act of 2024 with Reps. Bacon, Davids, Kildee, and Cole so we can assist state child welfare agencies in implementing those critical ICWA federal protections for tribal children. 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.”

The Strengthening Tribal Families Act of 2024 represents a vital legislative step in fortifying the safeguards for Native American children across the United States. By refining the implementation of the Indian Child Welfare Act, this bill aims to create a more equitable system that preserves Native children's cultural identity and familial bonds.

“More than 40 years since Congress passed the Indian Child Welfare Act, there is still work to do to ensure better outcomes for Native children,” said Rep. Kildee. “I’m proud to introduce this bipartisan legislation to better ensure that Native children entering the foster care system remain with their Tribal community whenever possible."

As the bill moves through the legislative process, its bipartisan support underscores new initiatives to improve outcomes for Native communities.