Bacon, Chu, Cole, Davids and Kildee Introduce Legislation to Strengthen Indian Child Welfare Act

The Strengthening Tribal Families Act of 2024 is Bipartisan and Bicameral

Washington - Rep. Don Bacon (R-NE-02) along with Reps. Judy Chu (D-CA-28), Tom Cole (R-OK-04), Sharice Davids (D-KS-03) and Dan Kildee (D-MI-08) today introduced the bipartisan and bicameral Strengthening Tribal Families Act of 2024. Senator Tammy Baldwin (D-WI) will introduce the legislation in the Senate.

This bill will require the U.S. Department of Health and Human Services (HHS) to create a technical assistance plan to assess state strengths and weaknesses of their Indian Child Welfare Act (ICWA) implementation plans by collecting data using six metrics. 

In 1978, Congress passed ICWA due to a high rate of Indian children being removed from their homes and separated from their families. This law established federal standards for the removal of Indian children from their homes while prioritizing their placement in homes with their Indian culture. ICWA also sets federal requirements for state child abuse and adoption cases for Indian children. 

Despite its passage, the implementation of ICWA varies between states and there is little information collected on the effectiveness of state ICWA implementation plans. Estimates show Indian children are also 2.5 times more likely to enter the foster care system than non-Indian children. This bill will allow HHS to be able to provide states with evidence-based assistance to improve their ICWA implementation plans.  

“The Strengthening Tribal Families Act of 2024 will help states improve their compliance with ICWA which will help more Indian children remain within their tribal culture,” said Rep. Bacon.  “With Indian children disproportionately represented in the foster care system, this bill will help us achieve better outcomes for Indian children. Research shows us kinship placement helps children develop a stronger attachment to their extended family and culture.”

“Even with ICWA in place, our nation has unfinished work in helping Native children entering foster care stay within their familiar, nurturing tribal culture,” said Rep. Chu. “I’m leading the Strengthening Tribal Families Act of 2024 with Reps. Bacon, Davids, Kildee, and Cole so we can assist state child welfare agencies in implementing those critical ICWA federal protections for tribal children. By strengthening the relationships between these agencies and the courts and comprehensively analyzing data supplied to HHS by states at regular intervals, the federal government can secure better outcomes for tribal children everywhere and support Indian country.”

 “The Indian Child Welfare Act (ICWA) protects vulnerable Native American children from being taken from their tribal communities and culture during custody or guardianship proceedings. However, due to such a high rate of Indian children entering into our foster care system, ICWA is not enough,” said Rep. Cole. “I am proud to have partnered with Congressman Bacon, Congresswoman Chu, Congresswoman Davids, Congressman Schweikert, and Congressman Kildee to lead the Strengthening Tribal Families Act of 2024, which will strengthen ICWA protections and ensure Native American children remain in their own communities.”

“Since 1978, the historic Indian Child Welfare Act has protected vulnerable children from being taken from their tribal communities and cultures during custody or guardianship proceedings. The Strengthening Tribal Families Act of 2024 is another step in to ensure states have the resources needed to implement ICWA and protect Native children. I’m proud to join Representatives Bacon, Chu, Cole, and Kildee in this effort,” said Rep. Davids.  

“More than 40 years since Congress passed the Indian Child Welfare Act, there is still work to do to ensure better outcomes for Native children,” said Rep. Kildee. “I’m proud to introduce this bipartisan legislation to better ensure that Native children entering the foster care system remain with their Tribal community whenever possible."

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