Montana lawmakers consider expansion of state's Indian Child Welfare Act

Yahoo

31-01-2025

Kaiden Forman-Webster ICT + MTFP
The sponsor of Montana's Indian Child Welfare Act is proposing several amendments to the bipartisan legislation passed in 2023, saying the changes will extend the law past its statutory sunset later this year, improve consistency in court proceedings around the state and strengthen consultation between state and tribal governments.
Sen. Jonathan Windy Boy, Chippewa Cree and a Democrat from Box Elder, introduced the amendments in a Monday hearing before the Senate Public Health, Welfare and Safety Committee.
'What you have before you are amendments detailing more of what was needed,' Windy Boy said during the hearing, referring to the 2023 laws.
The committee has not yet voted to advance the bill.
Lance Four Star, enrolled Assiniboine and the director of the American Indian Caucus, testified in support of the changes during the Monday hearing. Four Star presented a letter signed by all 12 caucus members stating that Senate Bill 147 is 'a good bill for Indian County and our great state of Montana.'
The Indian Child Welfare Act, commonly referred to as ICWA, was passed on the federal level in 1978 to remedy the cascade of Native children that had been displaced from tribes to non-Native households across the entire United States and Alaska. At that time between 75 to 80 percent of Native families had 'lost at least one child to the foster care system,' according to the Montana Department of Public Health and Human Services, often removing children from their culture and tribe.
As of 2020, Native children were estimated to be up to 9 percent of the Montana child population and disproportionately 35 percent of the foster care population according to the Montana Judicial Branch Court Improvement Program.
Congress realized the severity of this issue and that is why ICWA is centered on the fact that these children are sovereign citizens and the need for protocol when removing them is essential. The act promotes communication between tribes and states to place these children in homes that best represent their distinct culture to remedy the wrongs of the past.
Multiple states have written into law their own versions of the Indian Child Welfare Act to strengthen the federal law; Montana, North Dakota, Oklahoma, Washington, and Wyoming are examples of such states to do so.
Montana's version of the law passed in 2023 with support from Democrats and Republicans and was later signed by Republican Gov. Greg Gianforte.
Many of the proponents testifying in favor of the bill praised the current law as a significant step toward improving state-tribal relations in foster care cases involving tribal citizens and reiterated the painful history of family separations during their testimony.
The Indian Child Welfare Act is considered the gold standard for child welfare due to its priority to keep children connected to their families, culture and tribes. Many of the aspects of the Montana Indian Child Welfare Act could be applied to non-native children which was one of the takeaways that Sen. Dennis Lenz-R concluded, saying 'The bulk of it could apply to all children.'
This most likely refers to the efforts of the law to keep children with their families and ensures the state does their utmost to look into each case.
Windy Boy is a long time representative that has served in both chambers of the Montana legislature and has always been a strong advocate for Indigenous issues. As the sponsor of the bill, he looks to further strengthen the preexisting law with several amendments to continually support that Native children learn their culture.
'It is really important for us to make sure that protection for our little ones, our future generation, are here to remain, are here to continue on this way of life,' Windy Boy said. 'There's a lot of things that you don't see on these laws here, this bill here, that have deeper, pure meaning about the real essence of what we're talking about here, real life experience from the heart, real experience from what was gifted to us from above. It is up to me as a Native to make sure that those future generations learn that way of life.'
Dozens of individuals testified in support of the bill, including representatives of tribal governments, nonprofits and courts. Other supporters spoke about their personal experiences, making the drive to Helena for their testimony, while others joined in via zoom to voice their support.
Lillian Alvernaz, Nakoda and Lakota, works as an attorney representing parents, tribes, social services, agencies and tribal courts. She gave her testimony as the Chair of the Indian Law Section. During her testimony she shared the story of a Native woman who sought her advice.
The grandchildren of a Native woman had been split up, two children going to family members and one baby being placed off reservation within a non-Native household. The woman had not seen her grandchild in months and did not know who to ask for help.
This bill will be able to remedy situations like this due to the emphasis of keeping families together and the children tied to their tribes, Alvernaz said.
Not a single person spoke out in opposition to the bill.
One proponent for the bill, Brooke Baracker-Taylor who serves as an assistant attorney general since 2016 representing the state in dependency and neglect cases in several jurisdictions. She traveled to the Capitol on her own personal time to urge for the passing of the Montana Indian Child Welfare Act bill.
Baracker-Taylor provided information on some of the amendments that have been added to the bill.
'What I would say about that is it is extremely important because I think it empowers the department to receive all of the information needed to make thoughtful, informed and compassionate decisions,' she said.
This is in reference to the many amendments requiring consultation throughout the placement proceedings, ensuring the respective tribes are informed and vice versa, the state can be informed of the tribe's interests.
'I do not believe that the state can make a fully informed decision about the child without the input of the child's tribe," said Ms. Baracker-Taylor.
Baracker-Taylor also spoke to guardianship and how it will be further improved with the new bill.
'The 30 day hearing, will result in early family placements and also facilitates transparency and decision making so that all parties, including resource parents, are on notice regarding potential changes of placement and the likely permanency outcome in our cases,' Baracker-Taylor said.
This means that the hearings must be heard within 30 days.
One of the last amendments focused on by Baracker-Taylor regards the guardians of the child having the option to enter into compacts with tribes allowing all parties involved the best chance of keeping the child connected to their respective culture.
'Providing them with the necessary tools to assist Indian children connect with their tribes, families and communities.' Ms. Baracker-Taylor said.
The overall testimony and Windy Boy himself believes this to be a huge step towards providing Indigenous children within the foster care system the best opportunity to lead a healthy life.
Promoting consistency for how these cases are handled by the courts and consultation throughout all proceedings between all parties involved was echoed as the best way to achieve this goal.
Montana Free Press and ICT will continue to monitor this bill as it makes its way through the Montana state legislature.
This story is co-published by Montana Free Press and ICT, a news partnership that covers the Montana American Indian Caucus during the state's 2025 legislative session