[Congressional Record Volume 149, Number 104 (Tuesday, July 15, 2003)]
[Extensions of Remarks]
[Page E1484]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




    INTRODUCTION OF THE INDIAN CHILD WELFARE ACT AMENDMENTS OF 2003

                                 ______
                                 

                             HON. DON YOUNG

                               of alaska

                    in the house of representatives

                         Tuesday, July 15, 2003

  Mr. YOUNG of Alaska. Mr. Speaker, I rise today to introduce 
legislation with my colleagues, Congressman J.D. Hayworth of Arizona, 
Congressman Dale Kildee of Michigan, and Congressman Neil Abercrombie 
of Hawaii to amend the Indian Child Welfare Act (ICWA) of 1978. It is 
now a quarter century since enactment of the ICWA. The Act has been 
vital to the existence of Indian tribes and their families. Yet, 
because certain ICWA provisions have not been adequately implemented 
Congress's promise to protect the integrity of Indian families and 
tribes remains partially unfulfilled. This bill clarifies Congress's 
intent with regard to the ICWA in a way that would achieve full 
compliance with this intent.
  Many of this bill's provisions are included in direct response to 
tribal comments on H.R. 4733, an ICWA bill I introduced last year in 
response to tribal concerns. This bill was drafted with the input of 
the Association of American Indian Affairs, Tanana Chiefs Conference, 
National Indian Child Welfare Association, National Congress of 
American Indians, various tribes and other concerned organizations. The 
changes that the present bill make to H.R. 4733 also reflect input from 
each of these named organizations. The primary goal in drafting these 
amendments was to improve permanency outcomes for Indian children who 
are placed in substitute care at a rate higher than any other group of 
children in America.
  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 later include in the legislative process other 
groups that are working to improve permanency outcomes for Indian 
children. In 2003, we still have numbers of American Indian and Alaska 
Native children being adopted out of their families, tribal communities 
and States even when qualified members of their families are available 
for placement. 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, provisions that would:
  Clarify that the ICWA applies to all Indian children involved in 
``child custody proceedings'' (as defined in the ICWA) and define the 
minimum efforts that must be undertaken to prevent the breakup of an 
Indian child's family through involuntary out-of-home placement.
  Require detailed notice to Indian tribes in all voluntary child 
custody proceedings, to parents in voluntary adoption proceedings, and 
to parents and tribes in all involuntary proceedings.
  Clarify the right of Indian tribes to intervene in all voluntary 
State court child custody proceedings, provided that the tribes file 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, eligible for membership, or is 
the child of a member.

  Require notice to extended family members and recognize their right 
to intervene in State child custody proceedings.
  Require attorneys, public and private agencies to provide detailed 
information to Indian parents of their rights under ICWA.
  Limit 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.
  Clarify tribal jurisdiction in Alaska.
  Facilitate the ability of tribes without reservations, including 
tribes in Alaska and Oklahoma, or with disestablished reservations, to 
assume jurisdiction over child custody proceedings.
  Narrow the grounds upon which State courts can refuse to transfer 
cases to tribal courts.
  Clarify tribal court authority over children transferred to tribal 
court jurisdiction.
  Define the circumstances under which State ICWA violations may be 
reviewed by Federal courts and provide 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 purpose of avoiding application 
of the ICWA.
  Allow State courts to enter enforceable orders providing for 
visitation or contact between tribes, natural parents, extended family 
and an adopted child.
  Extend ICWA (in some cases) to cover children of State-recognized and 
Canadian Indian tribes and children who reside or are domiciled on a 
reservation and are the child of a member, but who are not eligible for 
tribal membership.
  Make it easier for Indian adoptees to gain access to their birth 
records.
  Establish that foster and adoptive homes licensed or approved by 
Indian tribes in compliance with the Indian Child Protection and Family 
Violence Prevention Act shall satisfy the requirements for foster and 
adoptive home licensing under any other Federal law.
  Clarifies that the terms of tribal-State agreements regarding the 
care and custody of and jurisdiction over Indian children shall be 
controlling even when another Federal law may have different 
requirements.
  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 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 2003 ICWA amendments to be acceptable legislation 
which will protect the interests of prospective adoptive parents, 
American Indian and Alaska Natives extended families, and most 
importantly, American Indian and Alaska Native children.
  We 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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