ERIC Number: ED420465
Record Type: Non-Journal
Publication Date: 1997-Nov-13
Reference Count: N/A
Amending the Indian Child Welfare Act of 1978, and for Other Purposes. Senate Report To Accompany S. 569. 105th Congress, 1st Session.
Congress of the U.S., Washington, DC. Senate Committee on Indian Affairs.
In this report, the Senate Committee on Indian Affairs reports favorably on Senate Bill 569 to amend the Indian Child Welfare Act (ICWA) of 1978 and recommends its passage with an amendment. In enacting ICWA, Congress sought to: (1) protect the relationship between Indian children and their parents; (2) affirm the tribal right to participate meaningfully in placement decisions affecting Indian children; (3) preserve each Indian child's Indian heritage and, if possible, specific tribal affiliation; and (4) provide an orderly mechanism for resolving questions concerning state and tribal jurisdiction over Indian children. The purpose of Senate Bill 569 is to amend ICWA to provide additional procedures applicable to voluntary Indian child custody proceedings. These procedures will help ensure greater certainty, stability, and finality in child custody determinations without compromising the meaningful participation of tribes in Indian child placement decisions, a vital aspect of tribal sovereignty. Following the text of the bill, this report includes purposes of the bill, background on federal Indian child welfare policy in relation to ICWA's four objectives listed above, procedures applicable to ICWA, need for legislation, description of the substantive amendments (which place time restrictions on tribal and family intervention and provide for visitation agreements), summary of provisions, legislative history, section-by-section analysis, cost and budgetary considerations, executive communications, and changes in existing law. (SV)
Publication Type: Legal/Legislative/Regulatory Materials
Education Level: N/A
Authoring Institution: Congress of the U.S., Washington, DC. Senate Committee on Indian Affairs.
Identifiers - Laws, Policies, & Programs: Indian Child Welfare Act 1978