Omaha City Wire

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) introduced the bipartisan and bicameral Strengthening Tribal Families Act of 2024. Senator Tammy Baldwin (D-WI) will introduce the legislation in the Senate.

The bill mandates the U.S. Department of Health and Human Services (HHS) to develop a technical assistance plan to evaluate state strengths and weaknesses in their Indian Child Welfare Act (ICWA) implementation plans by collecting data using six metrics.

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

Despite its passage, ICWA implementation varies between states, with limited information collected on its effectiveness. Estimates indicate that Indian children are 2.5 times more likely to enter the foster care system than non-Indian children. This bill aims to enable HHS 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."

“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," said Rep. Cole."However, due to such a high rate of Indian children entering into our foster care system, ICWA is not enough."

“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," said Rep. Davids."The Strengthening Tribal Families Act of 2024 is another step to ensure states have the resources needed to implement ICWA and protect Native children."

“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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