An Act to Enact the Mame Indian Child Welfare Act
Maine Legislature, Session 131, LD 1970
Committee Amendment CA_A_S413 (Senate)
Amends: Title 25, Section 1901, Title 15, Section 190, 18-C MRSA §5, 18-C MRSA §9, 19-A MRSA §1658, 19-A MRSA §1734, 22 MRSA §4002, 22 MRSA §4008, 22 MRSA §4062, 22 MRSA §8101, 30 MRSA §6209-A, 30 MRSA §6209-B, 30 MRSA §6209-C

COMMITTEE AMENDMENT 'fi " to S P 804, L D 1970, "An Act to Enact the 
Mame Indian Child Welfare Act" 
Amend the bill by msertmg after the title and before the enactmg clause the followmg 
'Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies, and 
Whereas, this leg1slat1on provides essential protect10ns for Indian children m 
protective custody and guard1ansh1p actions, and 
Whereas, m the Judgment of the Legislature, these facts create an emergency w1thm 
the meanmg of the Constitut10n of Mame and requrre the followmg legislation as 
Immediately necessary for the preservat10n of the pubhc peace, health and safety, now, 
therefore,' 
Amend the bill by msertmg before section 1 the followmg 
'Sec. 1. 18-C MRSA §5-213 1s enacted to read 
§5-213. Indian Child Welfare Act of 1978 and Mame Indian Child Welfare Act 
The federal Indian Child Welfare Act of 1978, 25 Umted States Code, Section 1901 et 
seq and the Mame Indian Child Welfare Act govern all proceedmgs under this Article that 
pertam to an Indian child as defined m those Acts 
Sec. 2. 18-C MRSA §9-107, as enacted by PL 2017, c 402, Pt A, §2 and affected 
by Pt F, § 1 and affected by PL 2019, c 417, Pt B, § 14, 1s amended to read 
§9-107. Indian Child Welfare Act of 1978 and Mame Indian Child Welfare Act 
The federal Indian Chdd Welfare Act of 1978, 25 Umted States Code, Title 25, Section 
1901 et seq governs and the Mame Indian Child Welfare Act govern all proceedmgs under 
this Article that pertam to an Indian child as defmed m that Aet those Acts 
Sec. 3. 19-A MRSA §1658, sub-§2-A, ,IF, as enacted by PL 2021, c 340, §2, 1s 
amended to read 
COMMITTEE AMENDMENT 
~o<o 
COMMITIEE AMENDMENT "/1" to SP 804, L D 1970 
F The federal Indian Child Welfare Act of 1978, 25 Umted States Code, Title 15, 
Section 190 I et seq , go,.;ems and the Mame Indian Child Welfare Act govern all 
proceedmgs under this section that pertam to an Indian child as defmed m that },ot 
those Acts 
Sec. 4. 19-A MRSA §1734, sub-§1, as enacted by PL 1999, c 486, §3 and affected 
by §6, is amended to read 
1. Proceedmgs governed by federal Indian Child Welfare Act of 1978 or Mame 
Indian Child Welfare Act. A child custody proceedmg that pertams to an Indian child as 
defmed m the federal Indian Child Welfare Act of 1978, 25 Umted States Code, Section 
1901 et seq, or the Mame Indian Child Welfare Act 1s not subject to this chapter to the 
extent that 1t 1s governed by the Ind1aB Child Welfare either Act ' 
Amend the bill m section 1 m c 1066 by stnkmg out all of §3942 (page 1, Imes 7 to 
m L D ) and msertmg the followmg 
'§3942 Legislative findmg and declaratmn ofpohcy 
1. Fmdmg. The Legislature fmds and declares that membership or c1tizensh1p m an 
Indian tnbe, as well as ehg1b1hty for membership or citizenship m an Indian tnbe, as 
determmed by each Indian tnbe 1s a poht1cal class1ficatlon 
2. Declaration of pohcy. The purpose of the Mame Indian Child Welfare Act 1s 
recogmt10n by the State that Indian tnbes have a contmumg and compellmg governmental 
mterest m an Indian child whether or not the Indian child 1s m the physical or legal custody 
of an Indian parent, an Indian custodian or an Indian extended family member at the 
commencement of an Indian child custody proceedmg or the Indian child has resided or 1s 
domiciled on an Indian reservation The State 1s committed to protectmg the essential tnbal 
relations and best mterests of an Indian child by promotmg practices m accordance with all 
laws designed to prevent the Indian child's voluntazy or mvoluntazy out-of-home placement 
and, whenever such placement 1s necessaty or ordered, by placmg the Indian child, 
whenever possible, ma placement that reflects the unique values of the Indian child's tnbal 
culture and that 1s best able to assist the Indian child m estabhshmg, developmg and 
mamtalillilg a pohtical, cultural and soCial relationship with the Indian child's tnbe and 
tnbal commumty It 1s the pohcy of the State to cooperate fully with Indian tnbes and tnbal 
members and citizens m this State and elsewhere m order to ensure that the mtent and 
provisions of this Act are enforced ' 
Amend the b1ll m section 1 m c 1066 m §3943 m subsection 1 m the 6th lme (page 1, 
lme 30 m L D) by msertmg after the followmg "plan" the followmg 'To the maximum 
extent possible, active efforts should be provided m a manner consistent with the prevailmg 
soCial and cultural cond1tions and way of hfe of the Indian child's tnbe and should be 
conducted m partnership with the Indian child and the Indian child's parents, extended 
family members, Indian custodians and tnbe ' 
Amend the bill m section 1 m c 1066 m §3943 by stnkmg out all of subsection 4 (page 
2, Imes 29 to 31 m L D ) and msertmg the followmg 
'4. Emergency proceedmg. "Emergency proceedmg" means a court action that 
mvolves the emergency removal or emergency placement of an Indian child, mcludmg 
those pursuant to section 4034 or Title 18-C, Article 5 "Emergency proceedmg" does not 
mclude a court act10n mvolvmg an emergency award of custody of the Indian child to one 
COMMITTEE AMENDMENT 
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COMMITIBE AMENDMENT" A" to SP 804, L D 1970 
of the parents mcludmg, but not lnmted to, an emergency parental rights and 
responsibihties order or a protection from abuse proceedmg ' 
Amend the bill m section Im c 1066 m §3943 m subsection 9 m the 3rd lme (page 3, 
lme 13 m L D ) by msertmg after the followmg "outcomes" the followmg 'for or related 
to an Indian child' 
Amend the bill m section 1 m c 1066 m §3943 m subsection 9 by strikmg out all of 
the first blocked paragraph (page 3, Imes 18 to 21 m L D) and msertmg the followmg 
'An Indian child custody proceedmg does not mclude a proceedmg m tribal court or a 
proceedmg that may culmmate m an outcome for which placement is based upon an act by 
an Indian child that, if committed by an adult, would be considered a crime or a proceedmg 
mvolvmg an award of custody to one of the Indian child's parents, mcludmg, but not hmited 
to, a divorce proceedmg, a parental rights and responsibihties proceedmg, a mdicial 
separation proceedmg, a protection from abuse proceedmg or other domestic relations 
proceedmg' 
Amend the btll m section 1 m c 1066 m §3945 by strikmg out all of subsection 1 (page 
5, Imes 35 to 39 m L D) and msertmg the followmg 
'1. Determmat1on of Indian child status In any proceedmg that would guahfy as an 
Indian chtld custody proceedmg or emergency proceedmg if the chtld were an Indian chtld, 
the District Court or Probate Court shall ask each participant whether the participant knows 
or has reason to know that the chtld 1s an Indian chtld The court shall use the procedures 
m 25 Code of Federal Regulations, Section 23 I 07 to determme 1f a chtld may be an Indian 
child' 
Amend the b1ll m section 1 m c 1066 m §3945 m subsection 2 by strikmg out all of 
paragraph C (page 6, Imes 13 to 16 m L D) and msertmg the followmg 
'C If the identrty or location of the parent or Indian custodian and the Indian tnbe 
cannot be determmed, notice under this subsection must be given to the appropriate 
regional drrector of the Umted States Department of the Interior, Bureau of Indian 
Affarrs m hke manner ' 
Amend the bill m section 1 m c 1066 m §3945 m subsection 2 by stnkmg out all of 
paragraph E (page 6, Imes 19 to 21 m L D ) and msertmg the followmg 
'E The frrst hearmg m the proceedmg may not be held unttl at least 10 days after 
receipt of the notice by the parent, Indian custodian and Indian tribe or the appropriate 
regional drrector of the Umted States Department of the Interior, Bureau of Indian 
Affarrs' 
Amend the b1ll m section 1 m c 1066 m §3945 by stnkmg out all of subsection 3 (page 
6, Imes 25 to 31 m L D ) and msertmg the followmg 
'3. Appomtment of counsel. Parents and Indian custodians are entitled to legal 
counsel m any Indian child custody proceedmg or emergency proceedmg A parent or 
Indian custodian may request the court to appomt legal counsel for them The District 
Court or Probate Court, upon a fmdmg that the parent or Indian custodian 1s md1gent shall 
appomt and pay the reasonable costs and expenses of therr legal counsel The court may, 
m its d1scret1on, appomt counsel for the Indian chtld upon a fmdmg that such appomtment 
1s m the best mterest of the Indian chtld ' 
COMMITTEE AMENDMENT 
2~ 
COMMITTEE AlvIBNDI.\IBNT 'A "to SP 804, L D 1970 
Amend the btll m section 1 m c 1066 m §3945 by stnkmg out all ofsubsect10n 5 (page 
6, Imes 36 to 40 m L D ) and msertmg the followmg 
'5. Remedial semces, rehab1btat1ve programs and preventive measures. A party 
seekmg to effect a foster care placement of. or termmat1on of parental rights to, an Indian 
child under chapter 1071, Title 18-C, Article 5 or 9 or Title 19-A. section 1658 shall satisfy 
the court, m accordance with the standard of proof regurred by the govemmg statute, that 
active efforts have been made to provide remedial services and rehab1htat1ve programs 
designed to prevent the breakup of the Indian family and that these efforts have proved 
unsuccessful ' 
Amend the b1ll m sect10n 1 m c 1066 m §3945 m subsection 6 m the first lme (page 6, 
lme 41 m L D ) by stnkmg out the followmg "Foster" and msertmg the followmg 
'Involuntary foster' 
Amend the bill m sect10n 1 m c 1066 m §3945 m subsection 6 m the first lme (page 6, 
lme 41 m L D ) by stnkmg out the followmg "Foster" and msertmg the followmg 
'Involuntary foster' 
Amend the bill m sect10n 1 m c 1066 m §3945 m subsection 7 m the frrst lme (page 7, 
lme 5 m L D) by stnkmg out the followmg "Termmatmn" and msertmg the followmg 
'Involuntary termmatmn' 
Amend the b1ll m section 1 m c 1066 m §3945 m subsection 7 m the frrst lme (page 7, 
hne 5 m L D) by str1kmg out the followmg "Termmation" and msertmg the followmg 
'Involuntary termmat10n' 
Amend the btll m section I m c 1066 m §3946 m subsection 4 m the 5th lme (page 7, 
lme 37 m L D) by msertmg after the followmg "fmdmg" the followmg 'by clear and 
convmcmg evidence' 
Amend the b1ll m section 1 m c 1066 m §3947 m the frrst mdented paragraph m the 
4th lme (page 8, lme 2 m L D ) by msertmg after the followmg "showmg" the followmg 
'by clear and convmcmg evidence' 
Amend the b1ll m sect10n 1 m c I 066 m §3953 by strikmg out all of subsection 2 (page 
10, Imes 41 and 42 and page 11, Imes 1 to 12 m L D) and msertmg the followmg 
'2. Procedure apphcable to emergency proceedmgs. In any emergency proceedmg 
m D1str1ct Court or Probate Court. the court shall 
A Make a fmdmg on the record, su1morted by clear and convmcmg evidence, that the 
emergency removal or placement 1s necessary to prevent 1mmment physical damage or 
harm to the Indian child, 
B Promptly hold a hearmg on whether the emergency removal or placement contmues 
to be necessary whenever new mformation md1cates that the emergency s1tuat1on has 
ended.and 
C At any court heanng durmg the emergency proceedmg, determme whether there 1s 
clear and convmcmg evidence demonstratmg that the emergency removal or placement 
remams necessary to prevent immment physical damage or harm to the Indian child 
and, 1f not, 1mmed1ately termmate or ensure that the pet1t10nmg party mediately 
termmates the emergency proceedmg ' 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A "to SP 804, L D 1970 
Amend the bill by msertmg after sect10n 1 the followmg 
'Sec. 2. 22 MRSA §4002, sub-§9-B, as amended by PL 2017, c 411, §4, is further 
amended to read 
9-B. Relative. "Relative" means a family member related to the child withm the 3rd 
degree through parentage established under Title 19-A, chapter 61 or any spouse of that 
family member 
"Relative" also mcludes the adoptive parent of the child's siblmgs 
"Relative" mcludes, for an Indian child as defined by the federal Indian Child Welfare Act 
of 1978, 25 Umted States Code, Section 1903, Subsect10n 4, or by the Mame Indian Child 
Welfare Act section 3943, subsection 8, an extended family member as defmed by the law 
or custom of the Indian child's tnbe or, m the absence of such law or custom, an extended 
family member as defined by the federal Indian Child Welfare Act of 1978, 25 Umted 
States Code, Section 1903, Subsection 2 or the Mame Indian Child Welfare Act, section 
94 3, subsection 5 
Sec. 3. 22 MRSA §4008, sub-§2, ~' as amended by PL 2007, c 140, §5, is further 
amended to read 
I The representative designated to provide child welfare services by the tnbe of an 
Indian child as defmed by the federal Indian Child Welfare Act of 1978, 25 Umted 
States Code, Sect10n 1903 or the Mame Indian Child Welfare Act, section 3943, 
subsect10ns 8 and 10, or a representative designated to provide child welfare services 
by an Indian tnbe of Canada, 
Sec. 4. 22 MRSA §4062, sub-§1, as amended by PL 1999, c 392, §1, is further 
amended by amendmg the first blocked paragraph to read 
N otwithstandmg section 4061, subsection 3, any federally recognized Indian tnbe m this 
State or any Indian foster family home is eligible for benefits and reimbursement under any 
state or federally funded program admmistered by the State for the benefit of Mame 
children, mcludmg, but not limited to, children withm the Junsdiction of the 
Passamaquoddy Tnbe 0f~ Penobscot ffiGffift Nation, Houlton Band of Maliseet Indians or 
Mi'kmag Nation under the federal Indian Child Welfare Act of 1978, 25 Umted States 
Code, Sect10n 1901, et seq or the Mame Indian Child Welfare Act 
Sec. 5. 22 MRSA §8101, sub-§3-A, as enacted by PL 1999, c 392, §5, is amended 
to read 
3-A. Indian foster family home. "Indian foster family home" means a foster home 
licensed, approved or specified by the Indian child's tnbe where substitute parental care is 
provided for an Indian child as defmed m the federal Indian Child Welfare Act of 1978, 25 
Umted States Code, Section 1901, et seq or the Mame Indian Child Welfare Act. section 
3943, subsection 8 
Sec. 6. 30 MRSA §6209-A, sub-§1, ~' as amended by PL 2021, c 650, §10 and 
8 
affected by § 13, is further amended to read 
D Indian child custody proceedmgs to the extent authonzed by applicable state and 
federal law, 
Sec. 7. 30 MRSA §6209-B, sub-§1, ~' as enacted by PL 1995, c 388, §6 and 
affected by §8, is amended to read 
COMMITTEE AMENDMENT 
ot:o 
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COMMITTEE AMENDMENT 'A" to SP 804, L D 1970 
D Indian child custody proceedmgs to the extent authonzed by applicable state and 
federal law, and 
Sec. 8. 30 MRSA §6209-C, sub-§1, ~' as enacted by PL 2009, c 384, Pt B, §1 
and affected by § 2, 1s amended to read 
D Indian child custody proceedmgs to the extent authonzed by applicable state and 
federal law, and 
Sec. 9. 
Contmgent effective date. This Act 1s subject to the followmg 
contmgenc1es 
That section ofth1s Act that amends the Mame Revised Statutes, Title 30, section 
6209-A, subsection 1, paragraph D takes effect 120 days after adjournment of the Frrst 
Special Session of the 131st Legislature only 1f, w1thm 90 days after adjournment of the 
Frrst Special Session of the 131 st Legislature, the Secretary of State receives wntten 
cert1ficat10n from the Jomt Tnbal Council of the Passamaquoddy Tnbe that the tnbe has 
agreed to the prov1s10ns ofth1s Act, copies ofwh1ch must be submitted by the Secretary of 
State to the Secretary of the Senate, the Clerk of the House and the Rev1sor of Statutes 
That section of this Act that amends the Mame Revised Statutes, Title 30, sect10n 
6209-B, subsection 1, paragraph D takes effect 120 days after adjournment of the Frrst 
Special Sess10n of the 131st Legislature only 1f, w1thm 90 days after adjournment of the 
Frrst Special Sess10n of the 131 st Legislature, the Secretary of State receives wntten 
cert1ficat10n from the Governor and the Council of the Penobscot N at10n that the nat10n has 
agreed to the prov1s10ns of this Act, copies of which must be submitted by the Secretary of 
State to the Secretary of the Senate, the Clerk of the House and the Rev1sor of Statutes 
That section of this Act that amends the Mame Revised Statutes, Title 30, section 
6209-C, subsect10n 1, paragraph D takes effect 120 days after adjournment of the Frrst 
Special Sess10n of the 131 st Legislature only 1f, w1thm 90 days after adjournment of the 
Frrst Special Session of the 131 st Legislature, the Secretary of State receives wntten 
certlficat1on from the Houlton Band Council of the Houlton Band of Mabseet Indians that 
the band has agreed to the prov1S1ons of this Act, copies of which must be submitted by the 
Secretary of State to the Secretary of the Senate, the Clerk of the House and the Rev1sor of 
Statutes Upon such wntten cert1ficat1on by the Houlton Band Council of the Houlton Band 
of Mahseet Indians, each section of this Act regardmg or affectmg the Houlton Band of 
Mahseet Indians and its tnbal members and lands constitutes a JUnsd1ctlonal agreement for 
purposes of the federal Mame Indian Claims Settlement Act of 1980, Pubhc Law 96-420, 
Sect10n 6(e)(2) 
Emergency clause. In view of the emergency cited m the preamble, this leg1slat10n 
takes effect when approved, except as otherwise md1cated ' 
Amend the bill by relettermg or renumbermg any nonconsecutive Part letter or section 
number to read consecutively 
SUMMARY 
This amendment, which 1s the unanimous report of the committee, adds an emergency 
preamble and clause and 
COMMITTEE AMENDMENT 
COMMITIEE AMENDMENT 'A--" to SP 804, L D 1970 
Provides that the Legislature fmds and declares that membership or c1tizensh1p m an 
Indian tnbe, as well as ehg1b1hty for membership or c1t1zensh1p m an Indian tnbe, 1s a 
pohtical class1ficatlon, 
Adds language to the defm1tion of "active efforts" to more closely track the defm1t10n 
of "active efforts" m 25 Code of Federal Regulations, Sect10n 23 2, 
Provides that the Mame Indian Child Welfare Act does not govern proceedmgs m 
tribal court or emergency or nonemergency court act10ns awardmg custody of an Indian 
child to one of the parents, mcludmg, but not hm1ted to, divorce proceedmgs, parental nghts 
and respons1b1ht1es proceedmgs, Jud1c1al separat10n proceedmgs, protection from abuse 
proceedmgs or other domestic relation proceedmgs, 
Provides that a court must explore whether a child 1s an Indian child m any 
proceedmg that would quahfy as an Indian child custody proceedmg or emergency 
proceedmg under the Mame Indian Child Welfare Act 1f the child were an Indian child, 
Requrres, m conformity with 25 Code of Federal Regulations, Section 23 111, that 
a court that does not know the identity or location of the parent, Indian custodian or Indian 
tribe of an Indian child provide a notice requrred by the Mame Indian Child Welfare Act 
to the appropnate regional drrector of the Umted States Department of the Intenor, Bureau 
of Indian Affarrs, 
Clarifies the standard of proof apphcable at different stages of an Indian child 
custody proceedmg under the Mame Indian Child Welfare Act, 
Provides appropnate cross-references to the Mame Indian Child Welfare Act m 
prov1s1ons of the Mame Revised Statutes that currently refer to the federal Indian Child 
Welfare Act of1978, and 
Provides that, 1f the tribal government of the relevant tribe, nat10n or band consents, 
the tribal courts of the Passamaquoddy Tnbe, the Penobscot Nation and the Houlton Band 
of Mahseet Indians have exclusive Junsd1ct10n over Indian child custody proceedmgs to 
the extent provided m the Mame Indian Child Welfare Act 
COMMITTEE AMENDMENT