Native American Children's Safety Act
PL 114-165 (S.184), enacted 06/03/2016

130 STAT. 415 
PUBLIC LAW 114–165—JUNE 3, 2016 
Public Law 114–165 
114th Congress 
An Act 
To amend the Indian Child Protection and Family Violence Prevention Act to 
require background checks before foster care placements are ordered in tribal 
court proceedings, and for other purposes. 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Native American Children’s 
Safety Act’’. 
SEC. 2. CRIMINAL RECORDS CHECKS. 
Section 408 of the Indian Child Protection and Family 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 PROCEEDINGS.— 
‘‘(1) DEFINITIONS.—In this subsection: 
‘‘(A) COVERED
INDIVIDUAL.—The term ‘covered indi-
vidual’ includes— 
‘‘(i) any individual 18 years of age or older; and 
‘‘(ii) any individual who the tribal social services 
agency determines is subject to a criminal records 
check under paragraph (2)(A). 
‘‘(B) FOSTER CARE PLACEMENT.—The term ‘foster care 
placement’ means any action removing an Indian child 
from a parent or Indian custodian for temporary placement 
in a foster home or institution or the home of a guardian 
or conservator if— 
‘‘(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 terminated but the 
child has not been permanently placed. 
‘‘(C) INDIAN CUSTODIAN.—The term ‘Indian custodian’ 
means any Indian— 
‘‘(i) who has legal custody of an Indian child under 
tribal law or custom or under State law; or 
‘‘(ii) to whom temporary physical care, custody, 
and control has been transferred by the parent of the 
child. 
‘‘(D) PARENT.—The term ‘parent’ means— 
‘‘(i) any biological parent of an Indian child; or 
25 USC 3201 
note. 
Native American 
Children’s Safety 
Act. 
June 3, 2016 
[S. 184] 
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130 STAT. 416 
PUBLIC LAW 114–165—JUNE 3, 2016 
‘‘(ii) any Indian who has lawfully adopted an 
Indian child, including adoptions under tribal law or 
custom. 
‘‘(E) TRIBAL COURT.—The term ‘tribal court’ means a 
court— 
‘‘(i) with jurisdiction over foster care placements; 
and 
‘‘(ii) that is— 
‘‘(I) a Court of Indian Offenses; 
‘‘(II) a court established and operated 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 placements. 
‘‘(F) TRIBAL SOCIAL SERVICES AGENCY.—The term ‘tribal 
social services agency’ means the agency of an Indian tribe 
that has the primary 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 FOSTER CARE PLACE-
MENT.— 
‘‘(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 agency— 
‘‘(i) 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 
‘‘(ii) concludes that each covered individual 
described in clause (i) meets such standards as the 
Indian tribe shall establish in accordance with 
subparagraph (B). 
‘‘(B) 
STANDARDS
OF
PLACEMENT.—The 
standards 
described in subparagraph (A)(ii) shall include— 
‘‘(i) requirements that each tribal social services 
agency described in subparagraph (A)— 
‘‘(I) perform criminal records checks, including 
fingerprint-based checks of national crime informa-
tion databases (as defined in section 534(f)(3) of 
title 28, United States Code); 
‘‘(II) check any abuse registries maintained 
by the Indian tribe; and 
‘‘(III) check any child abuse and neglect reg-
istry maintained by the State in which the covered 
individual resides for information on the covered 
individual, and request any other State in which 
the covered individual resided in the preceding 
5 years, to enable the tribal social services agency 
to check any child abuse and neglect registry main-
tained by that State for such information; and 
‘‘(ii) any other additional requirement that the 
Indian tribe determines is necessary and permissible 
within the existing authority of the Indian tribe, such 
as the creation of voluntary agreements with State 
Time period. 
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130 STAT. 417 
PUBLIC LAW 114–165—JUNE 3, 2016 
entities in order to facilitate the sharing of information 
related to the performance of criminal records checks. 
‘‘(C) RESULTS.—Except as provided in paragraph (3), 
no foster care placement shall be ordered in any proceeding 
described in subparagraph (A) if an investigation described 
in clause (i) of that subparagraph reveals that a covered 
individual described in that clause has been found by a 
Federal, State, or tribal court to have committed any crime 
listed in clause (i) or (ii) of section 471(a)(20)(A) of the 
Social Security Act (42 U.S.C. 671(a)(20)(A)). 
‘‘(3) EMERGENCY
PLACEMENT.—Paragraph (2) shall not 
apply to an emergency foster care placement, as determined 
by a tribal social services agency. 
‘‘(4) RECERTIFICATION OF FOSTER HOMES OR INSTITUTIONS.— 
‘‘(A) IN GENERAL.—Not later than 2 years after the 
date of enactment of this subsection, each Indian tribe 
shall establish procedures to recertify homes or institutions 
in which foster care placements are made. 
‘‘(B) CONTENTS.—The procedures described in subpara-
graph (A) shall include, at a minimum, periodic intervals 
at which the home or institution shall be subject to recertifi-
cation to ensure— 
‘‘(i) the safety of the home or institution for the 
Indian child; and 
‘‘(ii) 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 
subsection, including any covered individual who— 
‘‘(I) resides in the home or is employed at 
the institution on the date on which the procedures 
established under subparagraph (A) commences; 
and 
‘‘(II) did not reside in the home or was not 
employed at the institution on the date on which 
the investigation described in paragraph (2)(A)(i) 
was completed. 
‘‘(C) GUIDANCE ISSUED BY THE SECRETARY.—The proce-
dures established under subparagraph (A) shall be subject 
to any regulation or guidance issued by the Secretary that 
is in accordance with the purpose of this subsection. 
‘‘(5) GUIDANCE.—Not later than 2 years after the date 
of enactment of this subsection and after consultation with 
Indian tribes, the Secretary shall issue guidance regarding— 
‘‘(A) procedures for a criminal records check of any 
covered individual who— 
‘‘(i) resides in the home or is employed at the 
institution in which the foster care placement is made 
after the date on which the investigation described 
in paragraph (2)(A)(i) is completed; and 
‘‘(ii) was not the subject of an investigation 
described in paragraph (2)(A)(i) before the foster care 
placement was made; 
‘‘(B) self-reporting requirements for foster care homes 
or institutions in which any covered individual described 
in subparagraph (A) resides if the head of the household 
or the operator of the institution has knowledge that the 
covered individual— 
Deadline. 
Consultation. 
Deadline. 
Procedures. 
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130 STAT. 418 
PUBLIC LAW 114–165—JUNE 3, 2016 
LEGISLATIVE HISTORY—S. 184 (H.R. 1168): 
HOUSE REPORTS: No. 114–79 (Comm. on Natural Resources) accompanying 
H.R. 1168. 
SENATE REPORTS: No. 114–37 (Comm. on Indian Affairs). 
CONGRESSIONAL RECORD: 
Vol. 161 (2015): June 1, considered and passed Senate. 
Vol. 162 (2016): May 23, considered and passed House. 
‘‘(i) has been found by a Federal, State, or tribal 
court to have committed any crime listed in clause 
(i) or (ii) of section 471(a)(20)(A) of the Social Security 
Act (42 U.S.C. 671(a)(20)(A)); or 
‘‘(ii) is listed on a registry described in clause (II) 
or (III) of paragraph (2)(B)(i); 
‘‘(C) promising practices used by Indian tribes to 
address emergency foster care placement procedures under 
paragraph (3); and 
‘‘(D) procedures for certifying compliance with this 
Act.’’. 
Approved June 3, 2016. 
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