[Congressional Record Volume 149, Number 161 (Friday, November 7, 2003)]
[Extensions of Remarks]
[Pages E2282-E2283]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




       25TH ANNIVERSARY OF ENACTMENT OF INDIAN CHILD WELFARE ACT

                                 ______
                                 

                             HON. DON YOUNG

                               of alaska

                    in the house of representatives

                        Friday, November 7, 2003

  Mr. YOUNG of Alaska. Mr. Speaker, I rise today to note that tomorrow, 
on November 8, 2003, will mark the 25th anniversary of enactment of the 
Indian Child Welfare Act (ICWA). At a time when American Indian and 
Alaska Native tribes and families throughout the country were being 
ravaged by abusive child welfare practices that caused untold thousands 
of American Indian and Alaska Native children to be unnecessarily 
placed in foster homes, adoptive homes and Bureau of Indian Affairs 
(BIA) boarding schools, the 95th Congress said no more and unanimously 
adopted the ICWA. I am proud to have been a member when that occurred--
truly one of the finest moments in the history of Congress and in my 
service.
  The ICWA stands as perhaps the most important Indian law the Congress 
has enacted. For the first and only time, Congress explicitly 
acknowledged that the trust responsibility of the United States extends 
to ``protecting American Indian and Alaska Native children'' and the 
integrity of Native American families and tribes, a sine qua non to 
this Nation's commitment to securing the ``continued existence and 
integrity'' of Indian tribes as both governments and societies.
  The ICWA recognized that tribes have a parens patriae relationship to 
their children that supersedes any like interest of the States. 
Accordingly, the law enhances the sovereign right of tribes to 
determine, under tribal law, whether and under what circumstances 
children require out-of-home placement. Concomitantly, the law reduces 
and conditions the authority of States in this regard by compelling an 
overarching commitment to preventing out-of-home and out-of-tribe 
placement of American Indian and Alaska Native children. When, as a 
last resort, placement occurs, the ICWA requires States to make every 
effort to return American Indian and Alaska Native children to their 
families and tribal communities. And, when that is not possible, the 
ICWA mandates that, except in unusual circumstances, these children are 
preferentially placed in tribal homes.
  In the 25 years since enactment, the fulfillment of ICWA's purpose 
``to protect the best interest of American Indian and Alaska Native 
children'' has been remarkable. Tribes have acted forcefully to help 
keep families intact. Because of the ICWA, many tribes and States have 
developed significant cooperative relationships aimed at eliminating 
State child welfare practices harmful to American Indian and Alaska 
Native families and children and implementing policies and practices 
targeted at maintaining the integrity of American Indian and Alaska 
Native families and tribes. As a result, ICWA's promise to benefit the 
welfare of American Indian and Alaska Native children has benefitted 
many thousands of these children, enabling them to mature into 
functioning and contributing citizens of their tribes and of the 
Nation.
  Although the achievements of the ICWA are many and noteworthy, much 
remains to be done. Full and effective implementation of the ICWA has 
not occurred either because of deliberate resistance, outright 
obstruction, ignorance of or inattentiveness to ICWA's requirements, or 
just misunderstanding the relationship between the ICWA and the 
requirements of other federal child welfare laws. To address and remedy 
ICWA implementation problems of most concern to tribes, I introduced 
H.R. 2750 on July 15, 2003. This measure--
  Clarifies that the ICWA applies to all American Indian and Alaska 
Native children involved in ``child custody proceedings'' (as defined 
in the ICWA) and defines the minimum efforts that must be undertaken to 
prevent the breakup of an American Indian or Alaska Native child's 
family through involuntary out-of-home placement.
  Requires detailed notice to American Indian and Alaska Native tribes 
in all voluntary child custody proceedings, to parents in voluntary 
adoption proceedings, and to parents and tribes in all involuntary 
proceedings.
  Clarifies the right of American Indian and Alaska Native tribes to 
intervene in all voluntary state court 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, 
eligible for membership, or is the child of a member.
  Requires notice to extended family members and recognizes their right 
to intervene in state child custody proceedings.

[[Page E2283]]

  Requires attorneys, public and private agencies to provide detailed 
information to American Indian and Alaska Native 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 the 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 over children transferred to tribal 
court jurisdiction.
  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 American Indian and Alaska Native ancestry for the 
purpose of avoiding application of 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 (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.
  Makes it easier to American Indian and Alaska Native adoptees to gain 
access to their birth records.
  Establishes that foster and adoptive homes licensed or approved by 
American Indian and Alaska Native 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 American Indian and Alaska 
Native children shall be controlling even when another federal law may 
have different requirements.
  On this 25th anniversary of the ICWA, I urge my colleagues to take 
another historic step and enact H.R. 2750. Enactment would assure that 
on ICWA's 50th anniversary, American Indian and Alaska Native families 
are strong, their children are healthy and their communities are 
thriving. For the betterment of our Nation and all of its people, our 
legacy should be no less.

                          ____________________