[Congressional Record Volume 148, Number 61 (Tuesday, May 14, 2002)]
[Extensions of Remarks]
[Page E790]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




              INDIAN CHILD WELFARE ACT AMENDMENTS OF 2002

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                             HON. DON YOUNG

                               of alaska

                    in the house of representatives

                         Tuesday, May 14, 2002

  Mr. YOUNG of Alaska. Mr. Speaker, I rise today to introduce 
legislation with my colleague, Congressman J.D. Hayworth of Arizona to 
amend the Indian Child Welfare Act (ICWA). This bill clarifies 
Congress's intent with regard to ICWA.
  Many of the bill's provisions are included in direct response to 
tribal comments on H.R. 2644, an ICWA bill I introduced last year in 
response to tribal concerns. H.R. 2644 was drafted with the input of 
the Association on American Indian Affairs, Tanana Chiefs Conference, 
National Indian Child Welfare Association, National Congress of 
American Indians, the American Academy of Adoption Attorneys, various 
tribes and other concerned organizations. The changes that the present 
bill makes to H.R. 2644 also reflect input from each of these named 
organizations, although the American Academy of Adoption Attorneys has 
not had the opportunity to review a number of these.
  It has been my policy to have all affected parties participate in the 
legislative process to help finalize a bill for passage. With this in 
mind, it is my intent to include the American Academy of Adoption 
Attorneys later in the legislative process.
  In 2002, 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 amendments to further clarify the ICWA. The amendments 
include, among others, the following provisions:
  Requires detailed notice to Indian tribes in all voluntary child 
custody proceedings and to parents and tribes in all involuntary 
proceedings.
  Clarifies right of Indian tribes to intervene in all voluntary state 
court child custody proceedings, provided that the tribe files a notice 
of intent to intervene or a written objection within 45 days of 
receiving notice of a voluntary termination of parental rights or 
within 100 days of receiving notice of a particular adoptive placement, 
and certifies that a child is a member or eligible for membership at 
the time of its intervention.
  Requires notice to extended family members and recognizes their right 
to intervene in state child custody proceedings.
  Requires attorneys, public and private agencies to provide detailed 
information to Indian parents of their rights under ICWA.
  Limits parents' rights to withdraw consent to an adoption to 6 months 
after relinquishment of the child or 30 days after the filing of an 
adoption petition, whichever is later.
  Clarifies tribal jurisdiction in Alaska.
  Facilitates ability of tribes without reservations, including tribes 
in Alaska and Oklahoma, or with disestablished reservations to assume 
jurisdiction over child custody proceedings.
  Narrows the grounds upon which state courts can refuse to transfer 
cases to tribal courts.
  Clarifies tribal court authority to declare children wards of the 
tribal court.
  Defines the circumstances under which state ICWA violations may be 
reviewed by federal courts and provides for federal review of state 
ICWA compliance.
  Provides for criminal sanctions for anyone who assists a person to 
lie about their Indian ancestry for the purposes of applying the ICWA.
  Allows state courts to enter enforceable orders providing for 
visitation or contact between tribes, natural parents, extended family 
and an adopted child.
  Extends ICWA to cover children of state-recognized Indian tribes (in 
some cases), and children who reside or are domiciled on a reservation 
and are the child or grandchildren of a member, but who are not 
eligible for tribal membership.
  Makes it easier for adoptees to gain access to their birth records.
  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 July of 
2001, 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.
  ``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 these FY 2002 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.
  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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