II 
114TH CONGRESS 
1ST SESSION H. R. 1168 
IN THE SENATE OF THE UNITED STATES 
JUNE 2, 2015 
Received 
AN ACT 
To amend the Indian Child Protection and Family Violence 
Prevention Act to require background checks before fos-
ter care placements are ordered in tribal court pro-
ceedings, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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HR 1168 RDS
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Native American Chil-
dren’s Safety Act’’. 
SEC. 2. CRIMINAL RECORDS CHECKS. 
Section 408 of the Indian Child Protection and Fam-
ily 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 PRO-
CEEDINGS.— 
‘‘(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 the tribal so-
cial services agency determines is subject 
to a criminal records check under para-
graph (2)(A). 
‘‘(B) FOSTER
CARE
PLACEMENT.—The 
term ‘foster care placement’ means any action 
removing an Indian child from a parent or In-
dian custodian for temporary placement in a 
foster home or institution or the home of a 
guardian or conservator if— 
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‘‘(i) the parent or Indian custodian 
cannot have the child returned on demand; 
and 
‘‘(ii)(I) parental rights have not been 
terminated; or 
‘‘(II) parental rights have been termi-
nated but the child has not been perma-
nently placed. 
‘‘(C) INDIAN CUSTODIAN.—The term ‘In-
dian custodian’ means any Indian— 
‘‘(i) who has legal custody of an In-
dian child under tribal law or custom or 
under State law; or 
‘‘(ii) to whom temporary physical 
care, custody, and control has been trans-
ferred 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 adop-
tions under tribal law or custom. 
‘‘(E) TRIBAL
COURT.—The term ‘tribal 
court’ means a court— 
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‘‘(i) with jurisdiction over foster care 
placements; and 
‘‘(ii) that is— 
‘‘(I) a Court of Indian Offenses; 
‘‘(II) a court established and op-
erated under the code or custom of an 
Indian tribe; or 
‘‘(III) any other administrative 
body of an Indian tribe that is vested 
with authority over foster care place-
ments. 
‘‘(F) TRIBAL SOCIAL SERVICES AGENCY.— 
The term ‘tribal social services agency’ means 
the agency of an Indian tribe that has the pri-
mary responsibility for carrying out foster care 
licensing or approval (as of the date on which 
the proceeding described in paragraph (2)(A) 
commences) for the Indian tribe. 
‘‘(2) CRIMINAL RECORDS CHECK BEFORE FOS-
TER CARE PLACEMENT.— 
‘‘(A) IN GENERAL.—Except as provided in 
paragraph (3), no foster care placement shall be 
finally approved and no foster care license shall 
be issued until the tribal social services agen-
cy— 
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