Indian Affairs Committee Approves Hoeven's Native American Children's Safety Act

Press Release

Senator John Hoeven today announced that the U.S. Senate Committee on Indian Affairs has approved the Native American Children's Safety Act, legislation he authored to implement protections for Native American children placed by tribal courts into the tribal foster care system.

"Today's committee hearing was an important step in moving the Native American Children's Safety Act through the Senate," said Hoeven. "We'll now work to bring this bill before the full Senate for approval. We need to pass this legislation to ensure that children are protected and that we have safeguards in place to improve the tribal foster care system."

Hoeven worked on the legislation with tribes, the National Indian Child Welfare Association, Bureau of Indian Affairs and U.S. Department of Health and Human Services - Administration for Children and Families. The legislation is cosponsored by Indian Affairs Committee Vice Chairman Senator Jon Tester (D-Mont.).

The Native American Children's Safety Act requires background checks to be conducted on all adults living in a potential foster home before a tribal court may place a child in that home. The check would include a national criminal records check and a review of child abuse or neglect registries in any state in which the individual under review has lived in the preceding five years. A background check would also be required of any adult who moves into the home after placement. To ensure the ongoing safety of children placed in foster care, a certified home would be periodically subject to another round of checks before it could be recertified. Tribes also have the flexibility to require additional checks if they want.

Currently, the procedures tribal courts use when placing Native American children in foster care vary significantly from one tribe to another.

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