I
107TH CONGRESS
1ST SESSION
H. R. 2644
To make technical amendments to the Indian Child Welfare Act of 1978.
IN THE HOUSE OF REPRESENTATIVES
JULY 25, 2001
Mr. YOUNG of Alaska (for himself, Mr. HAYWORTH, Mr. CAMP, and Mr. CAN-
NON) introduced the following bill; which was referred to the Committee
on Resources
A BILL
To make technical amendments to the Indian Child Welfare
Act of 1978.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Indian Child Welfare
Act Amendments of 2001’’.
SEC. 2. JURISDICTION OVER CHILD CUSTODY AND CHILD
ADOPTION PROCEEDINGS.
Section 101(a) of the Indian Child Welfare Act of
1978 (25 U.S.C. 1911(a)) is amended—
(1) by inserting ‘‘(1)’’ after ‘‘(a)’’; and
(2) by striking the last sentence and inserting
the following:
‘‘(2) An Indian tribe shall retain exclusive jurisdiction
over any involuntary child custody proceeding that in-
volves an Indian child, notwithstanding the residence or
domicile of the Indian child, in any case in which the In-
dian child—
‘‘(A) is a ward of a tribal court of that Indian
tribe; or
‘‘(B) after a transfer of jurisdiction is carried
out under subsection (b), becomes a ward of a tribal
court of that Indian tribe.
‘‘(3) An Indian tribe shall retain exclusive jurisdiction
over any voluntary child custody proceeding that involves
an Indian child, notwithstanding any subsequent change
in the residence or domicile of the Indian child, in any
case in which the Indian child—
‘‘(A) resides or is domiciled within the reserva-
tion of that Indian tribe and is a ward of a tribal
court of that Indian tribe; or
‘‘(B) after a transfer of jurisdiction is carried
out under subsection (b), becomes a ward of a tribal
court of that Indian tribe.
‘‘(4) The provisions of this subsection and subsection
(b) shall apply to any child custody proceeding which be-
came subject to concurrent State jurisdiction pursuant to
the Act of August 15, 1953, or any other Federal law.
‘‘(5) Subject to section 108, subsection (b) of this sec-
tion, and paragraphs (2) and (3) of this subsection, but
notwithstanding the existence or absence of a reservation
in Alaska, Indian tribes in Alaska shall have concurrent
jurisdiction with the State of Alaska over child custody
proceedings involving Indian children who reside or are
domiciled within the State of Alaska.
‘‘(6) Notwithstanding paragraph (5) and subject to
section 109, any person seeking to adopt an Indian child
in an Alaska State court may, at any time, petition the
tribal court of the Indian child’s tribe to approve the adop-
tion and, upon said tribal court agreeing to hear and de-
termine the petition, the adoptive placement proceedings
shall be within the exclusive jurisdiction of the Indian
child’s tribe.
‘‘(7) Nothing in paragraph (5) shall affect—
‘‘(A) the right of any Indian tribe in Alaska to
exercise jurisdiction pursuant to subsection (b) over
any Indian child who resides or is domiciled outside
the State of Alaska; and
‘‘(B) the jurisdiction under paragraph (1) of
any Indian tribe with a reservation within the exte-
rior boundaries of the State of Alaska.’’.
SEC. 3. FOSTER OR ADOPTIVE HOME PLACEMENT TO RE-
FLECT VALUES OF INDIAN CULTURE.
Section 101(b) of the Indian Child Welfare Act of
1978 (25 U.S.C. 1911(b)) is amended by inserting after
‘‘either parent,’’ the following: ‘‘not inconsistent with the
finding in section 2(3) that there is no resource that is
more vital to the continued existence and integrity of In-
dian tribes than their children and the policy declared in
section 3 that children requiring foster or adoptive home
placement be placed in homes that reflect the unique val-
ues of Indian culture’’.
SEC. 4. INTERVENTION IN STATE COURT PROCEEDINGS.
Section 101(c) of the Indian Child Welfare Act of
1978 (25 U.S.C. 1911(c)) is amended by striking ‘‘In any
State court proceeding’’ and inserting ‘‘Except as provided
in section 103(e), in any State court proceeding’’.
SEC. 5. FULL FAITH AND CREDIT.
Section 101(d) of the Indian Child Welfare Act of
1978 (25 U.S.C. 1911(d)) is amended—
(1) by striking ‘‘and judicial proceedings’’ the
first place it appears and inserting ‘‘judicial pro-
ceedings, and tribal court judgments’’;
(2) by inserting ‘‘and to such other proceedings,
including divorce proceedings, as may involve the de-
termination of an Indian child’s custody’’ after ‘‘cus-
tody proceedings’’; and
(3) by striking ‘‘and judicial proceedings’’ the
second place it appears and inserting ‘‘judicial pro-
ceedings, and judgments’’.
SEC. 6. VOLUNTARY TERMINATION OF PARENTAL RIGHTS.
Section 103(a) of the Indian Child Welfare Act of
1978 (25 U.S.C. 1913(a)) is amended—
(1) by striking the first sentence and inserting
the following:
‘‘(a)(1) Where any parent or Indian custodian volun-
tarily consents to foster care or preadoptive or adoptive
placement or to termination of parental rights, such con-
sent shall not be valid unless—
‘‘(A) executed in writing;
‘‘(B) recorded before a judge of a court of com-
petent jurisdiction; and
‘‘(C) accompanied by the presiding judge’s cer-
tificate that—
‘‘(i) the terms and consequences of the
consent were fully explained in detail and were
fully understood by the parent or Indian custo-
dian; and
‘‘(ii) any attorney or public or private
agency that facilitates the voluntary termi-
nation of parental rights or preadoptive or
adoptive placement has—
SEC. 11. NOTICE TO PARENTS.
Section 103 of the Indian Child Welfare Act of 1978
(25 U.S.C. 1913) is amended by adding at the end the
following:
‘‘(h)(1) A party that terminates or changes the vol-
untary adoptive placement of an Indian child or com-
mences a proceeding for the adoption of an Indian child
shall provide written notice of such termination, changed
adoptive placement, or proceeding to the parent or parents
of that Indian child. Such a party shall also provide the
parent or parents of that Indian child with a written notice
specifying the date on which the Indian child’s tribe re-
ceived a written notice of the adoptive placement that was
in accordance with the requirements of subsections (c) and
(d). Any notice under this subsection shall be sent by reg-
istered mail (return receipt requested) to the parent or
parents of the Indian child, not later than the applicable
date specified in paragraph (2).
‘‘(2) Each of the notices required under paragraph
(1) shall be provided by the applicable date specified in
the following cases:
‘‘(A) Not later than 10 days after any termi-
nation of or change in the adoptive placement of an
Indian child, including any termination or change
that occurs whenever a final decree of adoption has
been vacated or set aside or the adoptive parent or