The bill amends the North Dakota Century Code to enhance the legal framework surrounding the custody and welfare of Indian children. It clarifies key definitions, such as "active efforts," which underscores the necessity for culturally appropriate measures to maintain or reunite Indian children with their families. The bill mandates that courts must demonstrate active efforts before any involuntary removal of an Indian child and requires clear and convincing evidence of potential harm before parental rights can be terminated. New requirements for emergency removals are introduced, including a declaration from the child welfare agency detailing the circumstances of the removal. The jurisdictional scope of custody proceedings is expanded to include voluntary placements, and the bill emphasizes the importance of tribal involvement in custody matters.

Additionally, the bill stipulates that a court may only deny the transfer of a case to tribal court if there is clear and convincing evidence that necessary evidence cannot be presented in tribal court without undue hardship. It allows the Indian child's tribe to intervene at any point in custody proceedings and mandates that the state must recognize tribal judicial proceedings related to Indian child custody. The bill also removes references to "nonfoster care" placements, focusing solely on foster care, and establishes a statutory placement preference for Indian children with their tribe, extended family, or other Indian families. It introduces requirements for voluntary consent to foster care placements, ensuring that parents fully understand their rights, and mandates the state court to provide detailed adoption information to the Bureau of Indian Affairs while maintaining the confidentiality of birth parents when requested.

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
Adopted by the Senate Human Services Committee: 27-19.1-01, 27-19.1-02, 27-19.1-03, 27-19.1-04, 27-19.1-05, 27-19.1-06
Enrollment: 27-19.1-01, 27-19.1-02, 27-19.1-03, 27-19.1-04, 27-19.1-05, 27-19.1-06