[114th Congress Public Law 165]
[From the U.S. Government Publishing Office]



[[Page 130 STAT. 415]]

Public Law 114-165
114th Congress

                                 An Act


 
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. <<NOTE: June 3, 
                           2016 -  [S. 184]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled <<NOTE: Native American 
Children's Safety Act.>> ,
SECTION 1. <<NOTE: 25 USC 3201 note.>> 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

[[Page 130 STAT. 416]]

                          ``(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) <<NOTE: Time period.>> 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
                          ``(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

[[Page 130 STAT. 417]]

                      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)  <<NOTE: Deadline. Procedures.>> 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 <<NOTE: Deadline. Consultation.>> 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--

[[Page 130 STAT. 418]]

                          ``(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.''.

    Approved June 3, 2016.

LEGISLATIVE HISTORY--S. 184 (H.R. 1168):
---------------------------------------------------------------------------

HOUSE REPORTS: No. 114-79 (Comm. on Natural Resources) accompanying H.R. 
1168.
SENATE REPORTS: No. 114-37 (Comm. on Indian Affairs).
CONGRESSIONAL RECORD:
                                                        Vol. 161 (2015):
                                    June 1, considered and passed 
                                        Senate.
                                                        Vol. 162 (2016):
                                    May 23, considered and passed House.

                                  <all>