[Congressional Record Volume 164, Number 186 (Tuesday, November 27, 2018)]
[Senate]
[Pages S7135-S7136]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                         SUBMITTED RESOLUTIONS

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SENATE RESOLUTION 707--COMMEMORATING THE 40TH ANNIVERSARY OF THE INDIAN 
                       CHILD WELFARE ACT OF 1978

  Mr. UDALL (for himself, Mr. Hoeven, Ms. Murkowski, Mr. Blumenthal, 
Mr. Booker, Ms. Cantwell, Ms. Cortez Masto, Ms. Harris, Mr. Heinrich, 
Ms. Heitkamp, Ms. Hirono, Mr. Kaine, Mr. King, Ms. Klobuchar, Mr. 
Merkley, Mrs. Murray, Mr. Schumer, Ms. Smith, Mr. Tester, Ms. Warren, 
Mr. Wyden, and Mr. Sanders) submitted the following resolution; which 
was referred to the Committee on Indian Affairs:

                              S. Res. 707

       Whereas the United States and Indian Tribes have a unique 
     government-to-government relationship set out in the 
     Constitution, treaties, and statutes and affirmed through 
     centuries of court precedent;
       Whereas it is the duty of the Federal Government--
       (1) to uphold that unique relationship; and
       (2) to protect American Indian or Alaska Native (AIAN) 
     children, to whom the United States owes a trust 
     responsibility;

       Whereas research shows that family, culture, and community 
     provide all children, including American Indian and Alaska 
     Native youth, with the tools needed to grow into healthy, 
     resilient adults;
       Whereas research conducted in the 1970s showed that--
       (1) 1 out of every 3 AIAN children was removed from their 
     families and placed in foster care or adoptive homes;
       (2) 85 percent of these foster care placements and 90 
     percent of these adoptions resulted in AIAN children being 
     placed in non-Indian homes; and
       (3) most of these removals were not related to the threat 
     of abuse or neglect, but rather to--
       (A) a lack of understanding of tribal child-rearing and 
     cultural practices; and
       (B) the bias of those involved in making key decisions in 
     the child welfare process;

       Whereas, to address this unwarranted, disproportionate 
     removal of AIAN children from their homes, Congress wrote the 
     Indian Child Welfare Act of 1978 (25 U.S.C. 1901 et seq.) to 
     carefully balance--
       (1) the unique Federal responsibility for the welfare of 
     AIANs, including AIAN children;
       (2) the historical role of the States in formulating and 
     executing child welfare policy; and
       (3) the inherent and continuing sovereign authority of 
     Indian Tribes to be involved in important child welfare 
     decisions;

       Whereas Congress unanimously passed the Indian Child 
     Welfare Act of 1978 (25 U.S.C. 1901 et seq.) on October 14, 
     1978, and President Carter signed the Act into law on 
     November 8, 1978;
       Whereas the Indian Child Welfare Act of 1978 (25 U.S.C. 
     1901 et seq.)--
       (1) adheres to the principles of tribal sovereignty;
       (2) promotes the best interests of AIAN children; and
       (3) ensures child welfare systems follow best practices and 
     treat AIAN children fairly;

       Whereas a coalition of leading national child welfare 
     organizations has declared the Indian Child Welfare Act of 
     1978 (25 U.S.C. 1901 et seq.) to be the ``gold standard'' in 
     child welfare system practices;
       Whereas, over the 40 years since its enactment, the Indian 
     Child Welfare Act of 1978 (25 U.S.C. 1901 et seq.) has served 
     as a model for multiple States that have enacted similar or 
     identical provisions in their own statutes, regulations, and 
     procedures;
       Whereas, Indian Tribes are united in their support for the 
     Indian Child Welfare Act of 1978 (25 U.S.C. 1901 et seq.) and 
     have worked collaboratively with States and local governments 
     to support compliance with the Act; and
       Whereas, despite progress made by the Indian Child Welfare 
     Act of 1978 (25 U.S.C. 1901 et seq.), the need for its 
     protections remains: Now, therefore, be it
       Resolved, That the Senate--

[[Page S7136]]

       (1) commemorates the 40th anniversary of the enactment of 
     the Indian Child Welfare Act of 1978 (25 U.S.C. 1901 et 
     seq.);
       (2) reaffirms that the Indian Child Welfare Act of 1978 (25 
     U.S.C. 1901 et seq.)--
       (A) protects the best interests of Indian children;
       (B) promotes the stability and security of Indian Tribes 
     and families; and
       (C) respects the sovereign authority of both the States and 
     Indian Tribes; and
       (3) calls on the Federal Government to continue working 
     with Indian Tribes and States to fully uphold and implement 
     the Indian Child Welfare Act of 1978 (25 U.S.C. 1901 et 
     seq.).

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