[United States Statutes at Large, Volume 130, 114th Congress, 2nd Session]
[From the U.S. Government Publishing Office, www.gpo.gov]


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. <>

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

[[Page 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) <> 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 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)  <> 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--

[[Page 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.