III 

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 

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; 


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•SRES 707 IS 

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 childrearing 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; 


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•SRES 707 IS 

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 

1 Resolved, That the Senate— 

2 (1) commemorates the 40th anniversary of the 

3 enactment of the Indian Child Welfare Act of 1978 

4 (25 U.S.C. 1901 et seq.); 

5 (2) reaffirms that the Indian Child Welfare Act 

6 of 1978 (25 U.S.C. 1901 et seq.)— 


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•SRES 707 IS 

1 (A) protects the best interests of Indian 

2 children; 

3 (B) promotes the stability and security of 

4 Indian Tribes and families; and 

5 (C) respects the sovereign authority of 

6 both the States and Indian Tribes; and 

7 (3) calls on the Federal Government to continue 

8 working with Indian Tribes and States to fully up9 hold and implement the Indian Child Welfare Act of 

10 1978 (25 U.S.C. 1901 et seq.). 

Æ 


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