IV 
115TH CONGRESS 
2D SESSION 
H. RES. 1159 
Commemorating the 40th anniversary of the Indian Child Welfare Act of 
1978. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 27, 2018 
Ms. BASS (for herself, Mr. COLE, Mr. GALLEGO, Ms. SEWELL of Alabama, 
Mr. KILMER, Mr. GRIJALVA, Ms. MOORE, Ms. JUDY CHU of California, 
Mr. KILDEE, Mr. YOUNG of Alaska, Mr. DANNY K. DAVIS of Illinois, Ms. 
JAYAPAL, Mrs. DINGELL, Ms. MCCOLLUM, Mr. MULLIN, Mrs. TORRES, 
Mr. MARINO, Mr. LARSEN of Washington, Mr. KHANNA, Mr. LANGEVIN, 
Mr. O’HALLERAN, Mr. CA´RDENAS, Ms. NORTON, Mr. HASTINGS, and Mr. 
BEN RAY LUJA´N of New Mexico) submitted the following resolution; 
which was referred to the Committee on Natural Resources 
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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•HRES 1159 IH 
Whereas research shows that family, culture, and community 
provide all children, including 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 child- 
rearing and cultural practices; and 
(B) the bias of those involved in making key de-
cisions in the child welfare process; 
Whereas, to address this unwarranted, disproportionate re-
moval 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 Wel-
fare 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— 
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•HRES 1159 IH 
(1) adheres to the principles of Tribal sovereignty; 
(2) promotes the best interests of AIAN children; 
and 
(3) ensures child welfare systems follow best prac-
tices and treat AIAN children fairly; 
Whereas a coalition of leading national child welfare organi-
zations 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, regu-
lations, 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 remain: Now, therefore, be it 
Resolved, That the House of Representatives— 
(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.)— 
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•HRES 1159 IH 
(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 Congress and the entire 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.). 
Æ 
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