[Congressional Record Volume 162, Number 81 (Monday, May 23, 2016)]
[House]
[Pages H2894-H2896]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
NATIVE AMERICAN CHILDREN'S SAFETY ACT
Mr. COOK. Mr. Speaker, I move to suspend the rules and pass the bill
(S. 184) to amend the Indian Child Protection and Family Violence
Prevention Act to require background checks before foster care
placements are ordered in tribal court proceedings, and for other
purposes.
The Clerk read the title of the bill.
The text of the bill is as follows:
S. 184
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Native American Children's
Safety Act''.
SEC. 2. CRIMINAL RECORDS CHECKS.
Section 408 of the Indian Child Protection and Family
Violence Prevention Act (25 U.S.C. 3207) is amended by adding
at the end the following:
``(d) By Tribal Social Services Agency for Foster Care
Placements in Tribal Court Proceedings.--
``(1) Definitions.--In this subsection:
``(A) Covered individual.--The term `covered individual'
includes--
``(i) any individual 18 years of age or older; and
``(ii) any individual who the tribal social services agency
determines is subject to a criminal records check under
paragraph (2)(A).
``(B) Foster care placement.--The term `foster care
placement' means any action removing an Indian child from a
parent or Indian custodian for temporary placement in a
foster home or institution or the home of a guardian or
conservator if--
``(i) the parent or Indian custodian cannot have the child
returned on demand; and
``(ii)(I) parental rights have not been terminated; or
``(II) parental rights have been terminated but the child
has not been permanently placed.
``(C) Indian custodian.--The term `Indian custodian' means
any Indian--
``(i) who has legal custody of an Indian child under tribal
law or custom or under State law; or
``(ii) to whom temporary physical care, custody, and
control has been transferred by the parent of the child.
``(D) Parent.--The term `parent' means--
``(i) any biological parent of an Indian child; or
``(ii) any Indian who has lawfully adopted an Indian child,
including adoptions under tribal law or custom.
``(E) Tribal court.--The term `tribal court' means a
court--
``(i) with jurisdiction over foster care placements; and
``(ii) that is--
``(I) a Court of Indian Offenses;
``(II) a court established and operated under the code or
custom of an Indian tribe; or
``(III) any other administrative body of an Indian tribe
that is vested with authority over foster care placements.
``(F) Tribal social services agency.--The term `tribal
social services agency' means the agency of an Indian tribe
that has the primary responsibility for carrying out foster
care licensing or approval (as of the date on which the
proceeding described in paragraph (2)(A) commences) for the
Indian tribe.
``(2) Criminal records check before foster care
placement.--
``(A) In general.--Except as provided in paragraph (3), no
foster care placement shall be finally approved and no foster
care license shall be issued until the tribal social services
agency--
``(i) completes a criminal records check of each covered
individual who resides in the household or is employed at the
institution in which the foster care placement will be made;
and
``(ii) concludes that each covered individual described in
clause (i) meets such standards as the Indian tribe shall
establish in accordance with subparagraph (B).
``(B) Standards of placement.--The standards described in
subparagraph (A)(ii) shall include--
``(i) requirements that each tribal social services agency
described in subparagraph (A)--
``(I) perform criminal records checks, including
fingerprint-based checks of national crime information
databases (as defined in section 534(f)(3) of title 28,
United States Code);
``(II) check any abuse registries maintained by the Indian
tribe; and
``(III) check any child abuse and neglect registry
maintained by the State in which the covered individual
resides for information on the covered individual, and
request any other State in which the covered individual
resided in the preceding 5 years, to enable the tribal social
services agency to check any child abuse and neglect registry
maintained by that State for such information; and
[[Page H2895]]
``(ii) any other additional requirement that the Indian
tribe determines is necessary and permissible within the
existing authority of the Indian tribe, such as the creation
of voluntary agreements with State entities in order to
facilitate the sharing of information related to the
performance of criminal records checks.
``(C) Results.--Except as provided in paragraph (3), no
foster care placement shall be ordered in any proceeding
described in subparagraph (A) if an investigation described
in clause (i) of that subparagraph reveals that a covered
individual described in that clause has been found by a
Federal, State, or tribal court to have committed any crime
listed in clause (i) or (ii) of section 471(a)(20)(A) of the
Social Security Act (42 U.S.C. 671(a)(20)(A)).
``(3) Emergency placement.--Paragraph (2) shall not apply
to an emergency foster care placement, as determined by a
tribal social services agency.
``(4) Recertification of foster homes or institutions.--
``(A) In general.--Not later than 2 years after the date of
enactment of this subsection, each Indian tribe shall
establish procedures to recertify homes or institutions in
which foster care placements are made.
``(B) Contents.--The procedures described in subparagraph
(A) shall include, at a minimum, periodic intervals at which
the home or institution shall be subject to recertification
to ensure--
``(i) the safety of the home or institution for the Indian
child; and
``(ii) that each covered individual who resides in the home
or is employed at the institution is subject to a criminal
records check in accordance with this subsection, including
any covered individual who--
``(I) resides in the home or is employed at the institution
on the date on which the procedures established under
subparagraph (A) commences; and
``(II) did not reside in the home or was not employed at
the institution on the date on which the investigation
described in paragraph (2)(A)(i) was completed.
``(C) Guidance issued by the secretary.--The procedures
established under subparagraph (A) shall be subject to any
regulation or guidance issued by the Secretary that is in
accordance with the purpose of this subsection.
``(5) Guidance.--Not later than 2 years after the date of
enactment of this subsection and after consultation with
Indian tribes, the Secretary shall issue guidance regarding--
``(A) procedures for a criminal records check of any
covered individual who--
``(i) resides in the home or is employed at the institution
in which the foster care placement is made after the date on
which the investigation described in paragraph (2)(A)(i) is
completed; and
``(ii) was not the subject of an investigation described in
paragraph (2)(A)(i) before the foster care placement was
made;
``(B) self-reporting requirements for foster care homes or
institutions in which any covered individual described in
subparagraph (A) resides if the head of the household or the
operator of the institution has knowledge that the covered
individual--
``(i) has been found by a Federal, State, or tribal court
to have committed any crime listed in clause (i) or (ii) of
section 471(a)(20)(A) of the Social Security Act (42 U.S.C.
671(a)(20)(A)); or
``(ii) is listed on a registry described in clause (II) or
(III) of paragraph (2)(B)(i);
``(C) promising practices used by Indian tribes to address
emergency foster care placement procedures under paragraph
(3); and
``(D) procedures for certifying compliance with this
Act.''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
California (Mr. Cook) and the gentleman from Arizona (Mr. Gallego) each
will control 20 minutes.
The Chair recognizes the gentleman from California.
General Leave
Mr. COOK. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days to revise and extend their remarks and include
extraneous materials on the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from California?
There was no objection.
Mr. COOK. Mr. Speaker, I yield myself such time as I may consume.
I rise today in support of S. 184, the Native American Children's
Safety Act, which amends the Indian Child Protection and Family
Violence Prevention Act.
The bill requires tribal Social Service agencies to perform character
background investigations of all foster care parents and adults living
in foster care homes prior to placement of an Indian child into a
foster home.
This bill creates a framework by which tribes must conduct thorough
background checks of individuals who reside in or are employed by a
foster home or institution in which tribal foster placements are made.
The bill would protect Indian foster children from being placed if
the background check reveals a conviction by a Federal, State, or
tribal court of felony child abuse, neglect, or crimes against
children.
S. 184 is the companion to H.R. 1168, sponsored by the gentleman from
North Dakota (Mr. Cramer). H.R. 1168 passed the House of
Representatives by voice vote on June 1, 2015.
These bills are the culmination of years of work led by Mr. Cramer as
he and his colleagues in the North Dakota delegation worked to address
a very sad child abuse problem plaguing an Indian reservation in his
State.
Passage of S. 184 is a critical first step toward ensuring that
Indian children are placed in safe, secure, and loving homes within
their tribal communities.
Again, I would like to thank my good friend, the gentleman from North
Dakota (Mr. Cramer), for his hard work on this important issue.
I urge an ``aye'' vote on S. 184.
Mr. Speaker, I reserve the balance of my time.
Mr. GALLEGO. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, we are all aware of the challenges that Native children
face when it comes to their health, safety, and security. For example,
Native children are 2.1 times more likely than other American children
to end up in foster care. They are also 2.5 times more likely to become
victims of abuse or neglect.
The Native American Children's Safety Act will help to address these
disparities by strengthening background checks for prospective foster
care parents prior to placement. In addition, the legislation will
ensure that Federal and tribal agencies conduct these checks in a
uniform manner.
The House previously passed an identical bill, H.R. 1168, introduced
by our colleague from North Dakota (Mr. Cramer), and it is critical
that we pass the Senate version as well.
Mr. Speaker, there are many troubling issues that we in Congress must
address in order to reverse the alarming trends that we see today in
the health, safety, and well-being of Native children.
These kids deserve far more of our time and our attention; yet, for
too long their needs have been neglected by this body.
So, Mr. Speaker, I call on Congress to reverse this pattern of
neglect and to start passing legislation like the bill before us today
that will help protect and provide for our Native children.
Mr. Speaker, I want to thank Senators Hoeven and Tester for
introducing and moving the Native American Children's Safety Act
through the Senate.
I ask my colleagues to stand with me in support of S. 184 and in
support of our Native children.
Mr. Speaker, I reserve the balance of my time.
Mr. COOK. Mr. Speaker, I yield such time as he may consume to the
gentleman from North Dakota (Mr. Cramer), the author of the House
companion bill.
Mr. CRAMER. Mr. Speaker, I thank now my two favorite marines. That
was very nice. Thanks to both of them.
Last Congress, in the Natural Resources Committee, we actually had an
oversight hearing regarding the child protection crisis on the Spirit
Lake Indian Reservation in my State of North Dakota in response to
numerous child deaths and whistleblower reports detailing unsafe tribal
placement of almost 40 foster children in abusive homes, many of these
homes that were headed by convicted sex offenders.
In an effort to protect these children, I did introduce the Native
American Children's Safety Act in the House, which is a companion bill,
as noted by previous speakers, that was introduced in the Senate by
Senator Hoeven and Senator Tester.
Both bills passed their respective Chambers without objection. Today
I am asking my colleagues here in the House to join me in passing the
Senate bill so that we can get it to the President for his quick
signature.
As stated, the bill implements across-the-board minimum protections
for children placed in foster care at the direction of a tribal court.
And, yes, the statistics are stark. Native American children are 2.5
times more likely to be victims of abuse or neglect than other American
children.
[[Page H2896]]
But, Mr. Speaker, children exposed to violence are also more likely
to abuse drugs and alcohol. They are more likely to suffer from
depression and anxiety and other post-traumatic disorders.
The standards in this bill mirror existing national requirements for
non-tribal foster care placements, ensuring that tribal children
receive care at least equal to that in the protections afforded non-
tribal children.
It is bipartisan, as you can tell. It is noncontroversial, as you can
tell. It was reported out of the Natural Resources Committee by
unanimous consent both this Congress and the last Congress.
But I want to add this word of thanks to other folks who were very
helpful. I want to thank the National Indian Child Welfare Association,
the National Congress of American Indians, the Bureau of Indian
Affairs, and the Department of Health and Human Services, all of whom
provided insights and suggestions for this bill.
Their counsel proved valuable in providing the flexibility to the
tribes without hampering, stepping on their sovereignty, so that they
could transition to these uniform standards and help save perhaps many,
many lives on our reservations.
I thank my colleagues. I urge a ``yes'' vote.
Mr. COOK. Mr. Speaker, I yield back the balance of my time.
{time} 1515
Mr. GALLEGO. Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from California (Mr. Cook) that the House suspend the rules
and pass the bill, S. 184.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill was passed.
A motion to reconsider was laid on the table.
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