Native Child and Family Policy Updates

Native Child and Family Policy

For more information relating to this update, please contact NICWA Government Affairs and Advocacy Director David Simmons at desimmons@nicwa.org

October 2026 Update

Hot Topics

United States Supreme Court Denies Review of Latest Challenge to the Indian Child Welfare Act

On October 5, 2026, the United States Supreme Court denied review of N. R., et al. v. Ellison, Att’y Gen. MN, et al., an Indian Child Welfare Act (ICWA) case from the Minnesota Supreme Court where plaintiffs, a non-Native foster care family, were challenging the constitutionality of the Indian Child Welfare Act (25 U.S.C 1901 et seq.) and the state Minnesota Indian Family Preservation Act (Minn. Stat. § 260.751 et seq.). In the Minnesota Supreme Court case, the plaintiffs asked the court to review the constitutionality of both laws, but the court declined, stating it was inappropriate given the plaintiffs were not parties in the district court proceedings and didn’t have standing to bring the claims. The denial of review by the U.S. Supreme Court ends litigation involving this case with no changes to either the federal or state laws involved.

Administration for Children and Families Supports Full Implementation of the Indian Child Welfare Act Data Elements in the 2024 Final Rule

Recently, the Administration for Children and Families (ACF) stated they will not make any changes to the Adoption and Foster Care Analysis and Reporting System (AFCARS) ICWA data elements in the 2024 final rule and will be fully implementing the final rule. This comes as a welcome response to questions raised by Tribal leadership and ICWA advocates regarding how ACF will implement the 2024 final rule.

The 2024 final rule is a cornerstone achievement for Indian Country as it will provide the first ever state reporting on ICWA requirements in cases under state jurisdiction. The data will track several key ICWA requirements and help provide a more detailed and accurate assessment of how individual states are doing to comply with ICWA. No other data collection system collects comprehensive data on ICWA, which has created barriers to holding states accountable and developing targeted technical assistance and policy solutions for Native children and families. These ICWA data elements also assist ACF in meeting their statutory obligations in two ways. First, they allow the agency to develop a technical assistance plan to assist states and Tribes implementing ICWA. Second, they provide the necessary data for reporting state compliance with ICWA to Congress (42 U.S.C. § 628d). States will begin collecting and submitting this ICWA data to ACF on October 1, 2028.

Implementation of the AFCARS ICWA data elements will require substantial planning and integration of the data elements in state child welfare data systems. While some states are already underway in this process, there are other states that are waiting to see what kind of guidance ACF will provide. ACF has shared that they will be issuing guidance soon, but NICWA strongly encourages Tribes to contact their state child welfare agency and inquire about how Tribes can assist in the process. Questions that need to be addressed include (1) how the data elements will be integrated into the state’s larger data system, (2) how state caseworkers will be trained and supported on how to correctly input the data, and (3) how the data will be shared with Tribal Nations and used to inform improvements to ICWA implementation. NICWA encourages Tribes to talk with their ACF representatives to learn more about ACF’s plans to support Tribal and state child welfare agencies in this work.

ACF Proposes to Eliminate Select Child Welfare Regulations Governing Title IV-B Programs

On October 5, 2026, ACF published a Notice of Proposed Rulemaking (NPRM) that would eliminate regulations that govern Title IV-B of the Social Security Act child welfare programs. The programs include the Title IV-B, Subpart 1 and Subpart 2 programs, which Tribal Nations are eligible for. Currently, about 400 Tribes operate the Title IV-B, Subpart 1 program and about 300 operate the Title IV-B, Subpart 2 program. ACF states the reasons for proposing these changes are: “because they [regulations] are outdated and refer to dates that have passed, have been superseded by subsequent amendments to the Act, duplicate or restate requirements already in Title IV–B of the Act or other Federal law, and/or impose administrative and reporting requirements on agencies that do not meaningfully support Federal program oversight and administration of Title IV–B programs.” ACF is asking for public comments on the proposed changes, including changes to current regulations that govern Tribal administration of these child welfare programs. Comments are due November 4, 2026, and you can find a copy of the NPRM here. NICWA will be developing comments and a sample comments letter in the next few weeks that can be adapted by Tribal Nations and Tribal organizations. You can view these materials on NICWA’s Advocacy Center, or sign up for policy alerts.

Bureau of Indian Affairs Proposes Changes to Record Keeping Schedule

The Bureau of Indian Affairs (BIA) is proposing updates to their information and records information system referred to as the Indian Affairs Records Schedule. In a letter to Tribal leaders written September 25, 2026, the BIA indicates the records system is managed by the Bureau of Trust Funds Administration, and the updates are necessary to meet regulatory requirements and “…improve clarity, consistency, and long-term stewardship of records that document implementation of the Department of the Interior’s trust responsibilities.” The records targeted for changes are vast and include BIA Human Services and Legal Records. This includes BIA Human Services (formerly Social Services) programs, ICWA, foster home placement, adoption of Indian children, and records related to child abuse and neglect and other child protection and child placement activities.

The BIA is holding four virtual consultations on the proposed records changes.
• October 26, 2026, from 12:00 p.m.–2:00 p.m. Eastern (ET)
• October 27, 2026, from 2:00 p.m.–4:00 p.m. Central (CT)
• October 28, 2026, from 1:00 p.m.– 3:00 p.m. Mountain (MT)
• October 29, 2026, from 2:00 p.m.–4:00 p.m. Pacific (PT)

You can register for the consultations here. You can also submit written comments to consultation@bia.gov by November 30, 2026. The BIA is asking for responses to the following questions in your comments and consultation remarks.
1. Are the proposed [records] retention periods appropriate and sufficient to
meet the needs of your community?
2. Are there records you believe should be preserved for longer periods, or
permanently, due to their historical, cultural, and legal significance?

These records are critical for meeting ICWA legal requirements, assisting children, youth, and adults with identifying Tribal affiliation and establishing membership, assisting state and private agencies placing Native children, and holding state and federal agencies accountable. NICWA strongly urges Tribal Nations, Tribal organizations, Native individuals, and ICWA advocates to review these proposed records changes and submit comments. NICWA will be developing comments and a sample comments letter soon that you can access through NICWA’s Advocacy Center and by signing up for policy alerts.

Census Bureau Proposes Changes to 2030 Decennial Census That Would Eliminate Collection of Data by Race

The U.S. Census Bureau held a Tribal consultation on October 2, 2026, to receive comments on proposed regulation changes governing residence criteria and demographic questions for the 2030 Decennial Census. If adopted, the rule would fundamentally change how the 2030 census counts every person in the U.S.

In one example, the proposed rule would remove race/ethnicity questions—erasing all data about American Indian and Alaska Native populations across the country. This change would significantly impact funding for Tribal Nations and Tribal organizations related to housing, transportation, childcare, and other services that protect Native children and strengthen Native families.

Census data is essential to shaping political representation, federal funding decisions, policy development, and planning essential programs and services for Native children and families.

NICWA encourages Tribal Nations, Tribal organizations, Urban Native organizations, and others to submit written comments by November 2, 2026.

You can submit comments electronically by visiting Regulations.gov (docket number USBC-2026-0628) or by mail to 4600 Silver Hill Road, Designation: ADDEMO/FRN, Washington, DC 20746.

For additional information, visit NICWA’s Advocacy Center where you can find a copy of NICWA’s comments and other pertinent information. Please share this notice with other Tribal leaders, staff, and Tribal partners.

Legislative

We Need Your Help: Urge Your Senators to Support the Passage of the Promoting Strong Native Families and Children Act

On May 21, 2026, Senators Lisa Murkowski (R-AK) and Catherine Cortez Masto (D-NV) introduced the Promoting Strong Native Families and Children Act (S. 4638). This legislation would (1) expand Tribal access to federal human services funding by $94 million, (2) ensure grant amounts better reflect the true costs of administration and community needs, (3) strengthen collaboration among states and Tribes when Native children are placed in out-of-home care in state child welfare systems, and (4) support Tribes in effectively meeting program and administrative requirements that align with operational conditions in Tribal communities.

Tribal Nations need access to flexible funding to bolster key services and expand successful programs. The Promoting Strong Native Families and Children Act helps address these gaps by establishing greater parity access for Tribal Nations, providing resources tailored to local community needs, and solutions only Tribal Nations can deliver.

NICWA encourages Tribal Nations, Tribal organizations, and advocates for Native children and families to contact their senators—calling on them to sign on to S. 4638 as co-sponsors, and to support the passage of this legislation by the full Senate. You can find more information about the legislation, view sample letters, and take action on this bill via NICWA’s Advocacy Center.

Call on Congress to Stand with Native Families by Supporting the American Indian and Alaska Native Child Abuse Prevention and Treatment Act

On March 24, 2026, Senators Lisa Murkowski (R-AK) and Elizabeth Warren (D-MA), alongside Representative Adelita Grijalva (D-AZ), reintroduced the American Indian and Alaska Native Child Abuse Prevention and Treatment Act (AI/AN CAPTA). These bipartisan and bicameral bills (S. 4179 and H.R. 8048) would amend CAPTA (P.L. 93-247) to increase the amount of funding available for Tribal Nations to support child abuse and neglect prevention activities and ensure Tribes receive equitable distribution of federal prevention grants.

AI/AN CAPTA would create a separate Tribal set-aside for child abuse prevention funding and increase the set-aside to five percent—supporting sustained investment in Tribal prevention programming and culturally relevant prevention strategies developed by Tribal Nations and Tribal organizations. A Tribal set-aside would allow for a much-needed increase in the number of Tribes that can operate this program. This investment directly strengthens the safety and well-being of Native children, supports Tribal sovereignty, and ensures Tribal communities have the resources they need to protect their families.

NICWA encourages Tribal Nations, Tribal organizations, and advocates for Native children and families to contact their senators and representatives—urging them to sign on to S. 4179 and H.R. 8048 as co-sponsors, and to support the passage of this legislation by the full Senate and House. You can find more information and submit letters to your congressional leaders via NICWA’s Advocacy Center.

A Generational Investment: Urge Your Senators to Support the Native Children's Commission Implementation Act

On July 14, 2026, Senators Lisa Murkowski (R-AK) and Brian Schatz (D-HI) introduced the Native Children’s Commission Implementation Act (S. 4976). The bill spans nine titles covering health, research and data, environmental health, nutrition, homelessness, workforce, and justice for Native children and families. It grew directly out of the work of the Alyce Spotted Bear and Walter Soboleff Commission on Native Children’s The Way Forward Report, which constructed a roadmap of recommendations concerning Native child welfare, physical and behavioral health, education, early childhood development, juvenile justice, data sovereignty, and more.

Two other bills that were part of the Native Children’s Commission Implementation Act recommendations and address Tribal child welfare and human service program funding are the American Indian and Alaska Native Child Abuse Prevention and Treatment Act (S. 4179 and H.R. 8048) and the Promoting Strong Native Families and Children Act (S. 4638). These bipartisan bills provide new Tribal funding for child welfare and other human services programs (see descriptions below).

If passed, this legislation could make significant strides toward improving the safety and well-being of Native children and families, reduce child welfare involvement, increase access to behavioral health services, and strengthen government-to-government relationships between Tribal Nations and the U.S.

Tribal Nations, Tribal organizations, and advocates for Native children and families can contact their senators—calling on them to sign on to S. 4976 as co-sponsors and to support the passage of this legislation by the full Senate. You can find more information about the legislation, view sample letters, and take action on this bill via NICWA’s Advocacy Center.

Take Action to Promote Truth, Justice, and Healing for Indian Boarding School Survivors, Families, and Tribal Communities

H.R. 7325 was introduced by Representative Tom Cole (R-OK-4) on February 3, 2026, to establish the Truth and Healing Commission on Indian Boarding School Policies Act, signaling growing bipartisan momentum. H.R. 7325 is the House companion to S. 761, the Senate version introduced by Senator Lisa Murkowski (R-AK) on February 26, 2025. H.R. 7325 has been referred to the House Committee on Education and Workforce and the House Committee on Natural Resources for consideration, and S. 761 is awaiting a vote by the full Senate. This means there is still time to contact your senators and representatives to urge them to sign on as co-sponsors. The current list of co-sponsors for H.R. 7325 can be found here, and S. 761 can be found here. You can learn more about the legislation and take action directly via NICWA’s Advocacy Center.

Administrative

White House Issues an Executive Order on Child Welfare

On November 13, 2025, the Trump Administration issued Executive Order (EO) 14359 entitled “Fostering the Future for American Children and Families.” The EO directs federal agencies overseeing child welfare policy and programs, among other things, to review current child welfare policies to assess how data collection is used to evaluate whether a program is successful, expand the use of Artificial Intelligence (AI) and predictive analytics in child welfare services, speed up the placement of children into a permanent placement if they can’t return home, and increase partnerships between child welfare agencies and faith based organizations. Related to EO 14359, Assistant Secretary for the ACF under the HHS, Alex Adams, has spoken about his goal to have a foster home for every child that needs a foster care placement, and generally increase support for foster care families and at-risk families through prevention services in the United States child welfare system.

Some of the actions outlined in EO 14359 could support Tribal Nation priorities, including data collection of information indicative of child well-being and safety. The Adoption and Foster Care Analysis Reporting System data elements that measure implementation of the ICWA with Native children in state child welfare systems are an example of this effort that could enhance positive outcomes associated with ICWA for Native children. The EO also directs HHS to publish an annual scorecard for states on achievements of key metrics and outcomes that include a number of data points important to Tribal Nations, and are associated with effective implementation of ICWA, such as; (1) reducing unnecessary entries into foster care, (2) decrease the time between reports of child maltreatment and investigations, (3) reduce child injuries and fatalities caused by caregiver neglect and abuse, (4) increase caregiver recruitment and retention, (5) improve caregiver and child matching, (relative care), (6) reduce placement disruptions, (7) decrease the average time that children spend in foster care, and (8) accelerate permanent placement for children when necessary, (ICWA placement preferences).

However, there are also concerns with how AI and predictive analytics could be incentivized and implemented in child welfare. Predictive analytics, a data-driven process that has been used to assist child welfare agencies in making risk assessments, determining when children should be placed in out-of-home placements, and determining services, has been criticized for reinforcing biases against certain families, particularly against families of color. While some applications of AI in child welfare, such as improving digitization of case notes and training and skill development, could be beneficial, advocates are concerned about the use of AI in other areas that inform key decisions in child welfare. Using AI in child welfare also raises questions about how Tribal data and data on Native children and families in child welfare systems might be used and how this would impact data sovereignty for Tribes and Native children and families.

NICWA, in partnership with Tribal Nations, is taking steps to learn more about the directives in this EO and talk with the Administration about their plans for implementing the EO with Indian Country, including consultation with Tribal Nations. We encourage you to read more about AI in child welfare, and have conversations with your colleagues, state child welfare agency, and Tribal leadership.

Appropriations

Senate and House Working on a Temporary Stopgap Funding Bill to Fund the Government Through December

On September 1, 2026, the House of Representatives approved the Senate’s stopgap funding bill with a 370-48 vote (H.R. 6500). Shortly thereafter, the president signed the bill into law. This means Congress has successfully averted a government shutdown until at least December 11, 2026. Nevertheless, Congress will have to spend the holiday season trying to pass all 12 individual appropriations bills or another CR that will finance federal agencies for fiscal year (FY) 2027.

The bill includes changes made when the Senate approved its version of the bill prior to August recess. The bill prevents the Department of Homeland Security from transferring funds to the Border Patrol, and it delays a proposed rule that would give political appointees more authority to stop federal grants from going out for programs they view as not in line with the president’s agenda.

Looking back to FY26 appropriations, a record 43-day shutdown occurred last fall when Congress disagreed on renewing an expiring tax credit that lowers the cost of health coverage obtained through Affordable Care Act marketplaces; then came the shutdown of the Department of Homeland Security, which lasted 76 days before Congress agreed to fund much of the department but not its immigration enforcement operations. If Congress cannot pass 12 appropriations bills or extend FY27 funding through a second CR, there could be a risk for another government shutdown starting on December 12, 2026. Because congressional timelines shift frequently, check out the FY27 Appropriations Status Table regularly for updates.

Each year NICWA identifies policy priorities that will guide our efforts and focus our resources during the calendar year.

2026

2025

2024