[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 184 Enrolled Bill (ENR)]

        S.184

                     One Hundred Fourteenth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

           Begun and held at the City of Washington on Monday,
           the fourth day of January, two thousand and sixteen


                                 An Act


 
To amend the Indian Child Protection and Family Violence Prevention Act 
 to require background checks before foster care placements are ordered 
          in tribal court proceedings, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
    This Act may be cited as the ``Native American Children's Safety 
Act''.
SEC. 2. CRIMINAL RECORDS CHECKS.
    Section 408 of the Indian Child Protection and Family Violence 
Prevention Act (25 U.S.C. 3207) is amended by adding at the end the 
following:
    ``(d) By Tribal Social Services Agency for Foster Care Placements 
in Tribal Court Proceedings.--
        ``(1) Definitions.--In this subsection:
            ``(A) Covered individual.--The term `covered individual' 
        includes--
                ``(i) any individual 18 years of age or older; and
                ``(ii) any individual who the tribal social services 
            agency determines is subject to a criminal records check 
            under paragraph (2)(A).
            ``(B) Foster care placement.--The term `foster care 
        placement' means any action removing an Indian child from a 
        parent or Indian custodian for temporary placement in a foster 
        home or institution or the home of a guardian or conservator 
        if--
                ``(i) the parent or Indian custodian cannot have the 
            child returned on demand; and
                ``(ii)(I) parental rights have not been terminated; or
                ``(II) parental rights have been terminated but the 
            child has not been permanently placed.
            ``(C) Indian custodian.--The term `Indian custodian' means 
        any Indian--
                ``(i) who has legal custody of an Indian child under 
            tribal law or custom or under State law; or
                ``(ii) to whom temporary physical care, custody, and 
            control has been transferred by the parent of the child.
            ``(D) Parent.--The term `parent' means--
                ``(i) any biological parent of an Indian child; or
                ``(ii) any Indian who has lawfully adopted an Indian 
            child, including adoptions under tribal law or custom.
            ``(E) Tribal court.--The term `tribal court' means a 
        court--
                ``(i) with jurisdiction over foster care placements; 
            and
                ``(ii) that is--

                    ``(I) a Court of Indian Offenses;
                    ``(II) a court established and operated under the 
                code or custom of an Indian tribe; or
                    ``(III) any other administrative body of an Indian 
                tribe that is vested with authority over foster care 
                placements.

            ``(F) Tribal social services agency.--The term `tribal 
        social services agency' means the agency of an Indian tribe 
        that has the primary responsibility for carrying out foster 
        care licensing or approval (as of the date on which the 
        proceeding described in paragraph (2)(A) commences) for the 
        Indian tribe.
        ``(2) Criminal records check before foster care placement.--
            ``(A) In general.--Except as provided in paragraph (3), no 
        foster care placement shall be finally approved and no foster 
        care license shall be issued until the tribal social services 
        agency--
                ``(i) completes a criminal records check of each 
            covered individual who resides in the household or is 
            employed at the institution in which the foster care 
            placement will be made; and
                ``(ii) concludes that each covered individual described 
            in clause (i) meets such standards as the Indian tribe 
            shall establish in accordance with subparagraph (B).
            ``(B) Standards of placement.--The standards described in 
        subparagraph (A)(ii) shall include--
                ``(i) requirements that each tribal social services 
            agency described in subparagraph (A)--

                    ``(I) perform criminal records checks, including 
                fingerprint-based checks of national crime information 
                databases (as defined in section 534(f)(3) of title 28, 
                United States Code);
                    ``(II) check any abuse registries maintained by the 
                Indian tribe; and
                    ``(III) check any child abuse and neglect registry 
                maintained by the State in which the covered individual 
                resides for information on the covered individual, and 
                request any other State in which the covered individual 
                resided in the preceding 5 years, to enable the tribal 
                social services agency to check any child abuse and 
                neglect registry maintained by that State for such 
                information; and

                ``(ii) any other additional requirement that the Indian 
            tribe determines is necessary and permissible within the 
            existing authority of the Indian tribe, such as the 
            creation of voluntary agreements with State entities in 
            order to facilitate the sharing of information related to 
            the performance of criminal records checks.
            ``(C) Results.--Except as provided in paragraph (3), no 
        foster care placement shall be ordered in any proceeding 
        described in subparagraph (A) if an investigation described in 
        clause (i) of that subparagraph reveals that a covered 
        individual described in that clause has been found by a 
        Federal, State, or tribal court to have committed any crime 
        listed in clause (i) or (ii) of section 471(a)(20)(A) of the 
        Social Security Act (42 U.S.C. 671(a)(20)(A)).
        ``(3) Emergency placement.--Paragraph (2) shall not apply to an 
    emergency foster care placement, as determined by a tribal social 
    services agency.
        ``(4) Recertification of foster homes or institutions.--
            ``(A) In general.--Not later than 2 years after the date of 
        enactment of this subsection, each Indian tribe shall establish 
        procedures to recertify homes or institutions in which foster 
        care placements are made.
            ``(B) Contents.--The procedures described in subparagraph 
        (A) shall include, at a minimum, periodic intervals at which 
        the home or institution shall be subject to recertification to 
        ensure--
                ``(i) the safety of the home or institution for the 
            Indian child; and
                ``(ii) that each covered individual who resides in the 
            home or is employed at the institution is subject to a 
            criminal records check in accordance with this subsection, 
            including any covered individual who--

                    ``(I) resides in the home or is employed at the 
                institution on the date on which the procedures 
                established under subparagraph (A) commences; and
                    ``(II) did not reside in the home or was not 
                employed at the institution on the date on which the 
                investigation described in paragraph (2)(A)(i) was 
                completed.

            ``(C) Guidance issued by the secretary.--The procedures 
        established under subparagraph (A) shall be subject to any 
        regulation or guidance issued by the Secretary that is in 
        accordance with the purpose of this subsection.
        ``(5) Guidance.--Not later than 2 years after the date of 
    enactment of this subsection and after consultation with Indian 
    tribes, the Secretary shall issue guidance regarding--
            ``(A) procedures for a criminal records check of any 
        covered individual who--
                ``(i) resides in the home or is employed at the 
            institution in which the foster care placement is made 
            after the date on which the investigation described in 
            paragraph (2)(A)(i) is completed; and
                ``(ii) was not the subject of an investigation 
            described in paragraph (2)(A)(i) before the foster care 
            placement was made;
            ``(B) self-reporting requirements for foster care homes or 
        institutions in which any covered individual described in 
        subparagraph (A) resides if the head of the household or the 
        operator of the institution has knowledge that the covered 
        individual--
                ``(i) has been found by a Federal, State, or tribal 
            court to have committed any crime listed in clause (i) or 
            (ii) of section 471(a)(20)(A) of the Social Security Act 
            (42 U.S.C. 671(a)(20)(A)); or
                ``(ii) is listed on a registry described in clause (II) 
            or (III) of paragraph (2)(B)(i);
            ``(C) promising practices used by Indian tribes to address 
        emergency foster care placement procedures under paragraph (3); 
        and
            ``(D) procedures for certifying compliance with this 
        Act.''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.