Native American Children's Safety Act

Summary: Native American Children's Safety Act - Amends the Indian Child Protection and Family Violence Prevention Act (Act) to prohibit the final approval of any foster care placement by a tribal social services agency until the agency: (1) 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 (2) concludes that each of those individuals meets the standards the tribe is required to establish. Defines a &quot;covered individual&quot; as an adult and any other individual the tribe determines is subject to a criminal records check. Requires the tribal social services agency, as part of those investigations, to: (1) perform criminal records checks, including fingerprint-based checks of national crime information databases; (2) check any child abuse and neglect registry maintained by the state, and any tribal abuse registries maintained in the state, in which the individual resides; and (3) request any other state in which the individual resided during the preceding five years to allow the agency to check its registry. Prohibits a foster care placement from being ordered if the investigation reveals that the covered individual has been found guilty by a federal, state, or tribal court of a felony involving child abuse or neglect, spousal abuse, a crime against a child, violence, or drugs. Excepts emergency foster care placements from such requirements. Requires each Indian tribe to establish procedures, within two years after this Act's enactment, to recertify homes or institutions in which foster care placements are made. Requires those procedures to include, at a minimum, periodic intervals at which the home or institution is subject to recertification to ensure: (1) the safety of the home or institution for the Indian child, and (2) 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 Act's requirements. Directs the Secretary of the Interior to promulgate guidance, within one year after this Act's enactment, regarding: (1) procedures for a criminal records check of any covered individual who resides in the home or is employed at the institution in which the child is placed after the investigations that preceded that placement occurred, (2) self-reporting requirements for foster care homes or institutions that have knowledge that a covered individual residing on their premises would fail the criminal records check, (3) procedures and guidelines for emergency foster care placements, and (4) procedures for certifying compliance with the Act.

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 an Indian tribe 
                        described in paragraph (2)(A) determines is 
                        subject to a criminal records checks under that 
                        paragraph.
                    ``(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) parental rights have not been 
                        terminated.
                    ``(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 a 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 the 
                Federal Government or of an Indian tribe described in 
                paragraph (2)(A) that has the primary responsibility 
                for carrying out foster care services or approval (as 
                of the date on which the proceeding described in 
                paragraph (2)(A) commences) of the Indian tribe.
            ``(2) Criminal records checks before placement.--
                    ``(A) In general.--Except as provided in paragraph 
                (3), no foster care placement shall be finally approved 
                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); and
                                    ``(II) check any child abuse and 
                                neglect registry maintained by the 
                                State, and tribal abuse registries if 
                                they exist, 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.
                    ``(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)).
                    ``(D) Deadline.--Except as provided in paragraph 
                (3), the tribal social services agency shall satisfy 
                the requirements of clauses (i) and (ii) of 
                subparagraph (A) before issuing a final foster care 
                license.
            ``(3) Emergency placement.--Paragraph (2) shall not apply 
        to an emergency foster care placement, as determined by Tribal 
        Social Services Agency described in paragraph (2)(A).
            ``(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 promulgated or guidance 
                issued by the Secretary that is in accordance with the 
                purpose of this subsection.
            ``(5) Guidance.--Not later than 1 year after the date of 
        enactment of this subsection and after consultation with Indian 
        tribes, the Secretary shall promulgate 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 
                        paragraph (2)(B)(i)(II);
                    ``(C) procedures and guidelines for emergency 
                foster care placements under paragraph (3); and
                    ``(D) procedures for certifying compliance with 
                this Act.''.