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[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 707 Agreed to Senate (ATS)]

<DOC>

115th CONGRESS
  2d Session
S. RES. 707

 Commemorating the 40th Anniversary of the Indian Child Welfare Act of 
                                 1978.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           November 27, 2018

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

                           December 13, 2018

             Committee discharged; considered and agreed to

_______________________________________________________________________

                               RESOLUTION

 
 Commemorating the 40th Anniversary of the Indian Child Welfare Act of 
                                 1978.

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--

    G    (A) a lack of understanding of tribal child-rearing and cultural 
practices; and

    G    (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--
            (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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