Hoeven Reintroduces Native American Children's Safety Act

Press Release

Senator John Hoeven today reintroduced the Native American Children's Safety Act, legislation to implement protections for Native American children placed by tribal courts into the tribal foster care system. The senator first introduced the legislation last Congress and garnered support to pass it through the Indian Affairs Committee. The committee is expected to vote on the bill in February, and Hoeven is working in the new Congress to pass the legislation through the full Senate.

"The Native American Children's Safety Act requires background checks for all adults living in a foster care home, like we have for non-tribal foster homes in North Dakota," said Hoeven. "This legislation will help ensure that all children, whether on or off a reservation, are protected."

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, there is no requirement that Native American tribes conduct background checks on everyone living in the foster care house.

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