The proposed amendments to House Bill No. aim to enhance the legal framework for Indian child welfare in North Dakota by revising several sections of the North Dakota Century Code. Key changes include a refined definition of "active efforts," which now emphasizes the necessity for culturally appropriate and case-specific efforts to maintain or reunite Indian children with their families, involving collaboration with the child's tribe and extended family. The bill also introduces new requirements for court orders related to emergency removals, mandating detailed declarations from child welfare agencies about the circumstances necessitating such actions. Additionally, the jurisdictional scope of custody proceedings involving Indian children is clarified, expanding definitions to encompass various involuntary and voluntary proceedings that may lead to out-of-home placements.

Moreover, the bill establishes that custody proceedings involving an Indian child not residing on their tribe's reservation must transfer jurisdiction to the tribe unless specific conditions are met, such as parental objection or lack of tribal court jurisdiction. It emphasizes that the court cannot deny the transfer based on perceived inadequacies of tribal services and must consider the tribal court's ability to address any hardships in presenting evidence. The amendments also streamline language by removing references to "nonfoster care" placements, introduce a statutory placement preference for adoptions prioritizing the child's tribe and extended family, and require courts to provide specific adoption information to the Bureau of Indian Affairs while ensuring the confidentiality of birth parents' identities if requested. Overall, these changes aim to strengthen protections for Indian children and their families within the legal system, preserving their cultural ties and community connections.

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