[Congressional Record Volume 143, Number 32 (Thursday, March 13, 1997)]
[Extensions of Remarks]
[Pages E464-E465]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          INTRODUCTION OF INDIAN CHILD WELFARE ACT AMENDMENTS

                                 ______
                                 

                             HON. DON YOUNG

                               of alaska

                    in the house of representatives

                        Thursday, March 13, 1997

  Mr. YOUNG of Alaska. Mr. Speaker, I am pleased to offer legislation 
with the ranking minority member of the Resources Committee, Mr. George 
Miller. The 104th Congress considered several legislative bills to 
amend the Indian Child Welfare Act [ICWA], however, none of the 
legislative measures were enacted into law. In May 1996, the Committee 
on Resources and I directed the Tanana Chiefs Conference to begin a 
consultation effort with the American Academy of Adoption Attorneys, 
National Indian Child Welfare Association, and tribes to draft ICWA 
legislation.
  Last year, tribal representatives met in Tulsa, OK, to reach a 
consensus to address concerns expressed with the ICWA. This legislation 
contains identical language which was drafted and agreed to by the 
Academy of Adoption Attorneys and tribal representatives in H.R. 3828. 
H.R. 3828 was favorably reported out of the Committee on Resources, 
however it was not considered by the House in the 104th Congress. This 
legislation addresses many of the concerns of the adoption of native 
children by providing notice to tribes for voluntary adoptions, 
terminations of parental rights, and foster care proceedings. It 
provides for time lines for tribal intervention in voluntary cases and 
provides criminal sanctions to discourage fraudulent practices in 
Indian adoptions. The proposal provides for open adoptions in States 
where State law prohibits them and clarifies tribal courts authority to 
declare children wards of the tribal courts. Additionally, it clarifies 
the limits on withdrawals of parental consent to adoptions. In 
addition, it states that attorneys and public and private agencies have 
a duty to inform Indian parents of their rights under ICWA, and 
provides for tribal membership certification in adoptions. These 
reforms resolve the ambiguities in current law which resulted in 
needless litigation, and have disrupted Indian adoption placements 
without reducing this country's commitment to protect native American 
families and promote the best interest of native children.
  Mr. Speaker, all of the provisions contained in this bill have been 
tentatively embraced by the Academy of Adoption Attorneys and tribal 
representatives. My committee will seek additional input from the 
Department of Justice,

[[Page E465]]

the Department of the Interior, and the Department of Health and Human 
Services. Last year, both the Department of Justice and the Department 
of the Interior embraced identical ICWA legislation. Additionally, Jane 
Gorman, the attorney for the Rost family embraced and supported passage 
of this legislation in the 104th Congress. The Rost case has been a sad 
and tragic case which was caused by an attorney who tried to cover up 
the natural parent's tribal membership and purposefully avoided 
checking with the grandparents and extended family of the children to 
see if the family was available to adopt these children. The sad part 
is that this attorney did not violate the law, but he inflicted sorrow 
on the Rosts, the grandparents of the children, and ultimately on the 
children themselves. This proposed legislation will impose criminal 
sanctions on attorneys who violate ICWA requirements in the adoptions 
of a native child. In closing, I believe we have acceptable legislation 
which will protect the interests of adoptive parents, native extended 
families, and most importantly, Alaska Native and American Indian 
children.

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