Native American Children's Safety Act

Bill: 114-s-184
Sponsor: Sen. Hoeven, John [R-ND]
Introduced: 2015-01-16 in the Senate
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: 2015-01-16
text: 

Native American Children's Safety Act

 
 Amends the Indian Child Protection and Family Violence Prevention Act to prohibit the final approval of any foster care placement or a foster care license from being issued until the tribal social services 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 tribe's standards established pursuant to this Act. Defines a &quot;covered individual&quot; as an adult and any other individual the tribe determines is subject to a criminal records check.
 
 
Prohibits a foster care placement from being ordered if the investigation reveals that a 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. 
 
Exempts emergency foster care placements from such requirements.
 
Requires Indian tribes to establish procedures to recertify homes or institutions in which foster care placements are made.
 
Directs the Department of the Interior to issue guidance 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 a criminal records check, (3) promising practices used by Indian tribes to address emergency foster care placements, and (4) procedures for certifying compliance with the Indian Child Protection and Family Violence Prevention Act.

action_date: 2015-05-11
text: 
(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)
 

Native American Children's Safety Act

 
 Amends the Indian Child Protection and Family Violence Prevention Act to prohibit the final approval of any foster care placement or a foster care license from being issued until the tribal social services 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 tribe's standards established pursuant to this Act. 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 Tribe's standards to include requirements that each tribal social services agency: (1) perform criminal records checks, including fingerprint-based checks of national crime information databases; (2) check any abuse registries maintained by the Indian tribe, (3) 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; (4) request any other state in which the individual resided during the preceding five years to enable the agency to check its registry, and (5) any other additional requirements that the Indian tribe determines is necessary and permissible within its existing authority, such as the creation of voluntary agreements with state entities in order to facilitate the sharing of information related to the performance of criminal records checks. 
 Prohibits a foster care placement from being ordered if the investigation reveals that a 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. 
 
Exempts emergency foster care placements from such requirements.
 
Requires Indian tribes to establish procedures to recertify homes or institutions in which foster care placements are made.
 
Directs the Department of the Interior to issue guidance 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 a criminal records check, (3) promising practices used by Indian tribes to address emergency foster care placements, and (4) procedures for certifying compliance with the Indian Child Protection and Family Violence Prevention Act.

action_date: 2015-06-01
text: 
(This measure has not been amended since it was introduced. The expanded summary of the Senate reported version is repeated here.)
 

Native American Children's Safety Act

 
 Amends the Indian Child Protection and Family Violence Prevention Act to prohibit the final approval of any foster care placement or a foster care license from being issued until the tribal social services 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 tribe's standards established pursuant to this Act. 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 Tribe's standards to include requirements that each tribal social services agency: (1) perform criminal records checks, including fingerprint-based checks of national crime information databases; (2) check any abuse registries maintained by the Indian tribe; (3) 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; (4) request any other state in which the individual resided during the preceding five years to enable the agency to check its registry; and (5) any other additional requirements that the Indian tribe determines is necessary and permissible within its existing authority, such as the creation of voluntary agreements with state entities in order to facilitate the sharing of information related to the performance of criminal records checks. 
 Prohibits a foster care placement from being ordered if the investigation reveals that a 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. 
 
Exempts emergency foster care placements from such requirements.
 
Requires Indian tribes to establish procedures to recertify homes or institutions in which foster care placements are made.
 
Directs the Department of the Interior to issue guidance 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 a criminal records check, (3) promising practices used by Indian tribes to address emergency foster care placements, and (4) procedures for certifying compliance with the Indian Child Protection and Family Violence Prevention Act.

action_date: 2016-05-23
text: 
(This measure has not been amended since it was introduced. The expanded summary of the Senate reported version is repeated here.)
 

Native American Children's Safety Act

 
 Amends the Indian Child Protection and Family Violence Prevention Act to prohibit the final approval of any foster care placement or a foster care license from being issued until the tribal social services 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 tribe's standards established pursuant to this Act. 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 Tribe's standards to include requirements that each tribal social services agency: (1) perform criminal records checks, including fingerprint-based checks of national crime information databases; (2) check any abuse registries maintained by the Indian tribe; (3) 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; (4) request any other state in which the individual resided during the preceding five years to enable the agency to check its registry; and (5) any other additional requirements that the Indian tribe determines is necessary and permissible within its existing authority, such as the creation of voluntary agreements with state entities in order to facilitate the sharing of information related to the performance of criminal records checks. 
 Prohibits a foster care placement from being ordered if the investigation reveals that a 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. 
 
Exempts emergency foster care placements from such requirements.
 
Requires Indian tribes to establish procedures to recertify homes or institutions in which foster care placements are made.
 
Directs the Department of the Interior to issue guidance 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 a criminal records check, (3) promising practices used by Indian tribes to address emergency foster care placements, and (4) procedures for certifying compliance with the Indian Child Protection and Family Violence Prevention Act.

action_date: 2016-06-03
text: 
(This measure has not been amended since it was introduced. The expanded summary of the Senate reported version is repeated here.)
 

Native American Children's Safety Act

 
 Amends the Indian Child Protection and Family Violence Prevention Act to prohibit the final approval of any foster care placement or a foster care license from being issued until the tribal social services 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 tribe's standards established pursuant to this Act. 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 Tribe's standards to include requirements that each tribal social services agency: (1) perform criminal records checks, including fingerprint-based checks of national crime information databases; (2) check any abuse registries maintained by the Indian tribe; (3) 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; (4) request any other state in which the individual resided during the preceding five years to enable the agency to check its registry; and (5) any other additional requirements that the Indian tribe determines is necessary and permissible within its existing authority, such as the creation of voluntary agreements with state entities in order to facilitate the sharing of information related to the performance of criminal records checks. 
 Prohibits a foster care placement from being ordered if the investigation reveals that a 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. 
 
Exempts emergency foster care placements from such requirements.
 
Requires Indian tribes to establish procedures to recertify homes or institutions in which foster care placements are made.
 
Directs the Department of the Interior to issue guidance 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 a criminal records check, (3) promising practices used by Indian tribes to address emergency foster care placements, and (4) procedures for certifying compliance with the Indian Child Protection and Family Violence Prevention Act.


Legislative actions:
action_date: 2016-06-03
text: Became Public Law No: 114-165.
action_date: 2016-06-03
text: Became Public Law No: 114-165.
action_date: 2016-06-03
text: Signed by President.
action_date: 2016-06-03
text: Signed by President.
action_date: 2016-05-27
text: Presented to President.
action_date: 2016-05-27
text: Presented to President.
action_date: 2016-05-23
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2016-05-23
text: On motion to suspend the rules and pass the bill Agreed to by voice vote. (text: CR H2894-2895)
action_date: 2016-05-23
text: Passed/agreed to in House: On motion to suspend the rules and pass the bill Agreed to by voice vote.(text: CR H2894-2895)
action_date: 2016-05-23
text: DEBATE - The House proceeded with forty minutes of debate on S. 184.
action_date: 2016-05-23
text: Considered under suspension of the rules. (consideration: CR H2894-2896)
action_date: 2016-05-23
text: Mr. Cook moved to suspend the rules and pass the bill.
action_date: 2015-06-01
text: Held at the desk.
action_date: 2015-06-01
text: Message on Senate action sent to the House.
action_date: 2015-06-01
text: Received in the House.
action_date: 2015-06-01
text: Passed Senate without amendment by Unanimous Consent. (consideration: CR S3381-3385; text as passed Senate: CR S3383-3384)
action_date: 2015-06-01
text: Passed/agreed to in Senate: Passed Senate without amendment by Unanimous Consent.(consideration: CR S3381-3385; text as passed Senate: CR S3383-3384)
action_date: 2015-05-11
text: Placed on Senate Legislative Calendar under General Orders. Calendar No. 77.
action_date: 2015-05-11
text: Committee on Indian Affairs. Reported by Senator Barrasso without amendment. With written report No. 114-37.
action_date: 2015-05-11
text: Committee on Indian Affairs. Reported by Senator Barrasso without amendment. With written report No. 114-37.
action_date: 2015-02-04
text: Committee on Indian Affairs. Ordered to be reported without amendment favorably.
action_date: 2015-01-16
text: Read twice and referred to the Committee on Indian Affairs.
action_date: 2015-01-16
text: Introduced in Senate

Enacted as: number: 114-165