The bill amends several sections of the North Dakota Century Code to enhance the welfare and protection of Indian children in custody proceedings. It clarifies key definitions, such as "active efforts," which emphasizes the need for culturally appropriate actions 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 can occur and introduces new requirements for emergency removals, including a declaration from the child welfare agency detailing the circumstances of the removal. Additionally, it expands the jurisdictional scope of custody proceedings to include various types of cases and ensures that the chapter remains applicable even if the child turns eighteen during the proceedings.

Moreover, the bill emphasizes tribal involvement by removing references to "nonfoster care" placements and allowing tribes to intervene at any point in custody proceedings. It establishes a statutory placement preference for Indian children, prioritizing placements with their tribe, extended family, or other Indian families, unless good cause is shown to deviate from this order. The bill also requires that voluntary consent for foster care placements be in writing and certified by a judge, ensuring that parents understand the implications. Furthermore, it mandates that state courts provide detailed information about adoptions to the Bureau of Indian Affairs while allowing for confidentiality requests from birth parents, thereby reinforcing the importance of tribal authority and cultural ties in custody 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