The bill amends several sections of the North Dakota Century Code to enhance the welfare of Indian children in custody proceedings. 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 outlines the responsibilities of child welfare agencies, including conducting thorough assessments and facilitating family support, and mandates that courts must find that active efforts to prevent family separation have been made and were unsuccessful before any involuntary removal of an Indian child. Additionally, it introduces requirements for expert testimony regarding potential harm to the child and mandates declarations from child welfare agencies during emergency removals.

Further, the bill establishes that a court may only deny the transfer of jurisdiction to a tribal court for good cause, which cannot be based on perceived inadequacies of tribal services. It allows tribes to intervene in custody proceedings at any time and requires the state to recognize tribal judicial proceedings. The bill emphasizes the importance of tribal and familial connections in placement decisions, introduces a statutory adoption placement preference for tribes, and ensures that placements are made in the least restrictive settings. It also includes provisions for maintaining confidentiality regarding birth parents in adoption cases, ultimately aiming 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
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