Native American Children's Safety Act

Bill: 113-hr-4534
Sponsor: Rep. Cramer, Kevin [R-ND-At Large]
Introduced: 2014-04-30 in the House
Policy area: Native Americans
Subjects: Administrative law and regulatory procedures
Adoption and foster care
Child safety and welfare
Criminal justice information and records
Department of the Interior
Domestic violence and child abuse
Indian social and development programs

Summary:
action_date: 2014-04-30
text: 
Native American Children's Safety Act - Amends the Indian Child Protection and Family Violence Prevention Act (Act) to prohibit any foster care placement over which an Indian tribe has exclusive jurisdiction from being ordered until the tribal social services agency: (1) completes an investigation of the character of each covered individual who resides in the household or is employed at the institution in which the foster care placement will be made, and (2) concludes that each of those individuals meets the standards of character the tribe is required to establish. 
 
Defines a &quot;covered individual&quot; as an adult and any other individual the tribe determines is subject to such character investigation.
 
Requires the tribal social services agency, as part of those investigations, to: (1) perform criminal records checks, including fingerprint-based checks of national crime information databases; (2) check any child abuse and neglect registry maintained by the state in which the individual resides; and (3) request any other state in which the individual resided during the preceding five years to allow the agency to check its registry.
 
Prohibits a foster care placement from being ordered if the investigation reveals that the covered individual: (1) has been found guilty by a federal, state, or tribal court of a felony involving child abuse or neglect, spousal abuse, a crime against a child, violence, or drugs; or (2) is listed on a child abuse and neglect registry in the state where the individual resides or resided within the preceding five years.
 
Excepts emergency foster care placements from such requirements.
 
Requires each Indian tribe to establish procedures to recertify homes or institutions in which foster care placements are made.
 
Directs the Secretary of the Interior to promulgate a regulation establishing: (1) procedures for investigating the character of any covered individual who resides in the home or is employed at the institution in which the child is placed after the investigations that preceded that placement occurred, (2) self-reporting requirements for foster care homes or institutions that have knowledge that a covered individual residing on their premises would fail the character investigation, (3) procedures and guidelines for emergency foster care placements, and (4) procedures for certifying compliance with the Act.

action_date: 2014-12-22
text: 
Native American Children's Safety Act - Amends the Indian Child Protection and Family Violence Prevention Act (Act) to prohibit the final approval of any foster care placement by a tribal social services agency until the agency: (1) completes a criminal records check of each covered individual who resides in the household or is employed at the institution in which the foster care placement will be made, and (2) concludes that each of those individuals meets the standards the tribe is required to establish.
 
Defines a &quot;covered individual&quot; as an adult and any other individual the tribe determines is subject to a criminal records check.
 
Requires the tribal social services agency, as part of those investigations, to: (1) perform criminal records checks, including fingerprint-based checks of national crime information databases; (2) check any child abuse and neglect registry maintained by the state, and any tribal abuse registries maintained in the state, in which the individual resides; and (3) request any other state in which the individual resided during the preceding five years to allow the agency to check its registry.
 
Prohibits a foster care placement from being ordered if the investigation reveals that the covered individual has been found guilty by a federal, state, or tribal court of a felony involving child abuse or neglect, spousal abuse, a crime against a child, violence, or drugs.
 
Excepts emergency foster care placements from such requirements.
 
Requires each Indian tribe to establish procedures, within two years after this Act's enactment
,
 to recertify homes or institutions in which foster care placements are made. Requires those procedures to include, at a minimum, periodic intervals at which the home or institution is subject to recertification to ensure: (1) the safety of the home or institution for the Indian child, and (2) that each covered individual who resides in the home or is employed at the institution is subject to a criminal records check in accordance with this Act's requirements.
 
Directs the Secretary of the Interior to promulgate guidance, within one year after this Act's enactment, regarding: (1) procedures for a criminal records check of any covered individual who resides in the home or is employed at the institution in which the child is placed after the investigations that preceded that placement occurred, (2) self-reporting requirements for foster care homes or institutions that have knowledge that a covered individual residing on their premises would fail the criminal records check, (3) procedures and guidelines for emergency foster care placements, and (4) procedures for certifying compliance with the Act.


Legislative actions:
action_date: 2014-12-22
text: Placed on the Union Calendar, Calendar No. 530.
action_date: 2014-12-22
text: Reported (Amended) by the Committee on Natural Resources. H. Rept. 113-699.
action_date: 2014-12-22
text: Reported (Amended) by the Committee on Natural Resources. H. Rept. 113-699.
action_date: 2014-09-18
text: Ordered to be Reported (Amended) by Unanimous Consent.
action_date: 2014-09-18
text: Committee Consideration and Mark-up Session Held.
action_date: 2014-09-18
text: Subcommittee Indian and Alaska Native Affairs Discharged.
action_date: 2014-07-29
text: Subcommittee Hearings Held.
action_date: 2014-05-02
text: Referred to the Subcommittee Indian and Alaska Native Affairs.
action_date: 2014-04-30
text: Referred to the House Committee on Natural Resources.
action_date: 2014-04-30
text: Introduced in House
action_date: 2014-04-30
text: Introduced in House