[Congressional Record Volume 147, Number 105 (Wednesday, July 25, 2001)]
[Extensions of Remarks]
[Pages E1426-E1427]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




              INDIAN CHILD WELFARE ACT AMENDMENTS OF 2001

                                 ______
                                 

                             HON. DON YOUNG

                               of alaska

                    in the house of representatives

                        Wednesday, July 25, 2001

  Mr. YOUNG of Alaska. Mr. Speaker, I rise today to introduce 
legislation with my colleagues, Congressman J.D. Hayworth of Arizona, 
Congressman Dave Camp of Michigan and Congressman Chris Cannon of Utah 
to amend the Indian Child Welfare Act (ICWA). This legislation has been 
drafted with the input of the Association on American Indian Affairs, 
Tanana Chiefs Conference, National Indian Child Welfare Association, 
National Congress of American Indians, tribal attorneys and the 
American Academy of Adoption Attorneys. It has always been my intent to 
have all affected parties participate in the legislative process in the 
drafting of ICWA amendments.
  In 2001, 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 ICWA amendments to further clarify ICWA.
  Specifically, the bill details jurisdiction of child custody and 
child adoption proceedings that involve an Indian child.
  The bill has a couple of specific provisions which outline 
jurisdiction in Alaska since Alaska is not a reservation state (outside 
of Metlakatla). The bill states that an Indian tribe in Alaska shall 
have concurrent jurisdiction with the State of Alaska over voluntary 
and involuntary child custody proceedings involving an Indian child who 
resides or is domiciled in Alaska. Additionally, a person seeking to 
adopt an Indian child in the State of Alaska, may file an adoption 
petition at any time in the tribal court of the Indian child's tribe. 
If the tribal court agrees to assume the jurisdiction over the 
proceeding, that tribal court has exclusive jurisdiction and no 
adoptive placement or proceeding can continue in the state court.
  The bill makes conforming technical amendments conditioning an Indian 
tribe's existing right of intervention.
  It clarifies that State and tribal courts are required to accord full 
faith and credit to tribal court judgments affecting the custody of an 
Indian child in ICWA child custody proceedings, and in any other 
proceedings involving the determination of an Indian child's custody, 
including divorce proceedings.
  It clarifies that ICWA applies to voluntary consents to termination 
of parental rights and voluntary consents to adoptive, preadoptive and 
foster care placements.
  It clarifies and adds exacting details on setting limits on when an 
Indian birth parent may withdraw his or her consent to an adoption.
  It clarifies that tribe's are to receive notice of voluntary adoptive 
placements of Indian children and details the content of notice when an 
Indian child is placed for an adoption.
  It clarifies in detail the intervention by an Indian tribe and sets 
specific time frames for intervention by a tribe in the voluntary 
foster care placement proceeding and voluntary adoptive proceeding. It 
also requires tribes to show why it considers a child to be covered by 
the ICWA.
  It provides for a detailed notice to parents when a child is placed 
for adoption.
  It provides detailed requirements for resumption of jurisdiction over 
child custody proceedings.
  It imposes criminal sanctions on any individual, group or association 
who knowingly conceals whether a child is an Indian child or whether a 
parent is an Indian.
  Finally, the bill provides further clarification of the definition of 
``Indian child'' and ``Indian child's tribe'' as applied in child 
custody proceedings.
  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 a recent 
July 1, 2001 article in the San Antonio Express News, the story stated 
that ``This year, the head of 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.'' 
(San Antonio Express News, Sunday, July 1, 2001 Article ``Torn from 
their roots; The unfortunate legacy of the Indian Adoption Project is 
that it has separated many Native Americans from their culture'').
  ``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 that these FY 2001 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.

[[Page E1427]]

  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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