This bill addresses the preservation of Indian families.
This bill:
- enacts the Indian Family Preservation Act (state act), including:
defining terms;addressing effective date and severability;requiring inquiry into Indian status;providing for what constitutes best interests of an Indian child;addressing jurisdiction over child custody proceedings;providing for actions related to pending court proceedings;stating parental rights;providing for voluntary termination of rights;establishing how consent or other actions are invalidated;addressing placement of Indian children;creating a process to return custody of an Indian child;addressing information related to tribal affiliation and protection of rights;authorizing agreements between the state and Indian tribes under certain circumstances;addressing improper removal of an Indian child;explaining the application of state or federal standards;providing for emergency removal or placement of an Indian child; andaddressing recordkeeping and information availability;
- replaces cites to the federal Indian Child Welfare Act with cites to the state act;
- addresses right to counsel;
- addresses sharing of information by agreement;
- exempts certain time frame preferences under the state act; and
- makes technical and conforming amendments.
Recommended by: Native American Legislative Liaison CommitteeStatutes affected:
Introduced: 26B-1-231, 26B-1-233, 26B-2-101, 26B-2-129, 78B-6-102, 78B-6-103, 78B-6-107, 78B-6-117, 78B-13-104, 78B-22-201, 78B-24-102, 78B-24-202, 80-1-102, 80-2-802, 80-2-1006, 80-3-102, 80-3-302, 80-3-502, 80-4-305