National Indian Child Welfare Association

Legislation to Reauthorize the Indian Child Protection and Family Violence Prevention Act

(S. 1601 in 108^th Congress)

Background

The Indian Child Protection and Family Violence Prevention Act (P.L. 101-630) was enacted in 1991 as an effort to clarify child abuse and neglect investigation and reporting procedures on tribal lands. The law also authorizes criminal background checks for individuals working with Indian children and grant programs to address child abuse and neglect. The law is up for reauthorization again, and the Senate Committee on Indian Affairs has jurisdiction over this law in the Senate and the House Resources Committee in the House. The reauthorization legislation that was introduced last session, S. 1601, will need to be introduced again this year in the new 109^th Congress.

Overview of the Legislation

· Clarify who must submit to a criminal background check.

· Expand the scope of activities that can be supported by grant-funded programs under the law.

· Recognize the impact of domestic violence on children and the safety needs of child protection workers.

· Support activities to better understand and support tribal infrastructure development in this area.

Key Provisions in the Legislation

· The background check scope is clarified by including volunteers and contractors, not just employees (of DOI/DHHS and not just the BIA/IHS), who have regular contact with children. This type of provision is consistent with other federal law governing background checks for individuals having regular contact with children.

· Traditional healing methods should be included as part of treatment. The bill authorizes demonstration projects and promotes cultural perspectives by giving special considerations to tribal programs that incorporate traditional healing methods.

· The bill facilitates establishment of safety measures for child protection workers.

· The child abuse definition includes incidences where the child is subjected to family violence. Mental health, emotional well-being, and self-esteem are important factors in the health of Indian children (and part of Senator Campbell's "Healthy Indian Children—Healthy Indian Nations" overall health promotion), and children facing family violence would be able to access child abuse services.

· The feasibility study regarding establishing a registry of individuals convicted of child abuse is replaced with a federal study of impediments to reducing child abuse. The feasibility study was conducted in 1994, but the law has not been amended to reflect that. Child abuse continues to rise, and the involved parties should determine the impediments and make recommendations for reducing it.

· The bill emphasizes strengthening tribal infrastructure to develop effective tribal programs that include data bases for accessing current national central registries for child abuse information. The tribes should be able to access existing registries but need assistance in developing their infrastructure to do so.

· Clarifies that tribal licensing or approval of foster care, guardianship, adoptive homes and institutions is equivalent to state licensing or approval.

If you would like more information on this legislation, please contact NICWA staff member, David Simmons, at desimmons@nicwa.org or (503) 222-4044.