III 115th CONGRESS 2d Session S. RES. 707 IN THE SENATE OF THE UNITED STATES November 27, 2018 Mr. Udall (for himself, Mr. Hoeven , Ms. Murkowski , Mr. Blumenthal , Mr. Booker , Ms. Cantwell , Ms. Cortez Masto , Ms. Harris , Mr. Heinrich , Ms. Heitkamp , Ms. Hirono , Mr. Kaine , Mr. King , Ms. Klobuchar , Mr. Merkley , Mrs. Murray , Mr. Schumer , Ms. Smith , Mr. Tester , Ms. Warren , Mr. Wyden , and Mr. Sanders ) submitted the following resolution; which was referred to the Committee on Indian Affairs 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; Whereas research shows that family, culture, and community provide all children, including American Indian and Alaska 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 decisions in the child welfare process; Whereas, to address this unwarranted, disproportionate removal 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 Welfare 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 ( 25 U.S.C. 1901 et seq.)— (1) adheres to the principles of tribal sovereignty; (2) promotes the best interests of AIAN children; and (3) ensures child welfare systems follow best practices and treat AIAN children fairly; Whereas a coalition of leading national child welfare organizations 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, regulations, 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 remains: Now, therefore, be it

That the Senate— (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.)— (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 the 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.).