This bill amends several sections of the North Dakota Century Code to enhance the legal framework surrounding the custody and care of Indian children. It clarifies key definitions, such as "active efforts," which underscores the importance of culturally appropriate measures to maintain or reunite Indian children with their families. The bill mandates that agencies involved in custody proceedings provide tailored support and resources for the specific needs of the Indian child's family and tribe. Additionally, it introduces new requirements for court orders related to emergency removals, necessitating detailed declarations of the circumstances leading to such actions. The jurisdictional scope of custody proceedings is also expanded to include various types of cases, ensuring that if an Indian child is not residing on their tribe's reservation, the court must transfer the case to the tribe unless certain conditions are met.

Moreover, the bill removes references to "nonfoster care" placements, emphasizing a focus on foster care, and clarifies that an Indian child's tribe may intervene at any point in custody proceedings. It mandates that the state must recognize the public acts and judicial proceedings of Indian tribes, ensuring that the party seeking foster care placement notifies the Indian child's parent, custodian, and tribe. The bill establishes a statutory adoption placement preference for tribes, which must be adhered to unless good cause is shown to deviate from it. It also requires that voluntary consent for foster care placements be in writing and certified by a judge, and mandates the state court to provide detailed adoption information to the Bureau of Indian Affairs, while allowing birth parents to request confidentiality regarding their identity. Overall, these amendments aim to strengthen the rights and protections of Indian children and their families in custody and adoption matters.

Statutes affected:
INTRODUCED: 27-19.1-01, 27-19.1-02, 27-19.1-03, 27-19.1-04, 27-19.1-05, 27-19.1-06