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 evidence of these active efforts before any involuntary removal of an Indian child can take place, and it requires that custody decisions take into account the social and cultural standards of the child's tribe. Notably, new legal language has been inserted to strengthen the requirements for emergency removals, necessitating a detailed declaration from the court regarding the circumstances of such removals, which must cease immediately when no longer necessary for the child's safety.

Additionally, the bill modifies the jurisdictional scope of custody proceedings to include status offenses that could lead to out-of-home placements, ensuring that the rights and cultural considerations of Indian children and their families are prioritized. It stipulates that a court may only deny the transfer of a case to tribal court for good cause, which cannot be based on perceived inadequacies of tribal services. The bill also removes references to "nonfoster care" placements, focusing solely on foster care, and introduces a statutory preference for adoptions that prioritizes placements with the child's tribe or extended family. Furthermore, it establishes requirements for informed consent from parents or custodians in foster care placements and mandates that courts provide detailed adoption information to the Bureau of Indian Affairs while ensuring the confidentiality of birth parents who request it.

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