In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.
Q: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Native American Children's Safety
Act''.

SEC. 2. CHARACTER INVESTIGATIONS.

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
individual' includes--
''(i) any individual 18 years of age or
older; and
''(ii) any individual who an Indian tribe
described in paragraph (2)(A) determines is
subject to a character investigation under that
paragraph.
''(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) parental rights have not been
terminated.
''(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
''(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 a 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 the
Federal Government or of an Indian tribe described in
paragraph (2)(A) that has the primary responsibility
for carrying out foster care services (as of the date
on which the proceeding described in paragraph (2)(A)
commences) on the Indian reservation of the Indian
tribe.
''(2) Character investigations before placement.--
''(A) In general.--Except as provided in paragraph
(3), no foster care placement shall be ordered in any
proceeding over which an Indian tribe has exclusive
jurisdiction until the tribal social services agency--
''(i) 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
''(ii) concludes that each covered
individual described in clause (i) meets such
standards of character as the Indian tribe
shall establish in accordance with subparagraph
(B).
''(B) Standards of character.--The standards of
character 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 information
databases (as defined in section
534(f)(3) of title 28, United States
Code); and
''(II) check any child abuse and
neglect registry 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
maintained by that State for such
information; and
''(ii) any other additional requirement
that the Indian tribe determines is necessary.
''(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--
''(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
subparagraph (B)(i)(II).
''(D) Deadline.--Except as provided in paragraph
(3), the tribal social services agency shall satisfy
the requirements of clauses (i) and (ii) of
subparagraph (A) not later than 14 days after the date
on which the proceeding described in subparagraph (A)
commences.
''(3) Emergency placement.--Paragraph (2) shall not apply
to an emergency foster care placement, as determined by an
Indian tribe described in paragraph (2)(A).
''(4) Recertification of foster homes or institutions.--
''(A) In general.--Not later than 180 days 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
subparagraph (A) shall include, at a minimum, periodic
intervals at which the home or institution shall be
subject to recertification 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 character
investigation 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) Regulations promulgated or guidance issued by
the secretary.--The procedures established under
subparagraph (A) shall be subject to any regulation
promulgated or guidance issued by the Secretary that is
in accordance with the purpose of this subsection.
''(5) Regulations.--Not later than 180 days after the date
of enactment of this subsection and after consultation with
Indian tribes, the Secretary shall promulgate a regulation
regarding--
''(A) procedures for a character investigation 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--
''(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
paragraph (2)(B)(i)(II);
''(C) procedures and guidelines for emergency
foster care placements under paragraph (3); and
''(D) procedures for certifying compliance with
this Act.''.
A:
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 "covered individual" 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.