Re: ICWA Amendments Alert and Update

Karen J Gould (karenjg@gnn.com)
Fri, 27 Sep 1996 15:52:27


The Senate passed Senator McCain's bill (S.1962) amending the Indian Child
Welfare Act of 1978 last night (9/26/96). This bill includes most of the
proposals suggested by the National Congress of American Indians in the
June Tulsa meeting, including timely notification of tribes regarding an
Indian Child being placed for adoption or foster care, and penalties for
adoption agencies and lawyers who mis-represent the Indian ancestry of a
child to avoid invoking the protections of the ICWA.

A "companion" bill introduced in the House by Rep. Don Young of Alaska
(H.R. 3828) is ready to be acted upon. This bill is essentially the same
as the McCain bill. Cynthia Ahwinona, staff member of the House Committee
on Resources, reports that they are attempting to get Rep. Young's bill
on the schedule for a floor vote later today (9/27/96). If they are
successful, the bill will go to President Clinton for his signature.

These bills grew out of an attempt to prevent another amendment to the
ICWA which would have directly attacked Tribal Sovereignty by allowing
courts to decide which children are "indian enough" to be protected by
the ICWA. That bill (H.R. 3286) is essentially dead.

While Senator McCain's and Rep. Young's bills enjoy widespread support
among many Native American groups, some Native American groups and
activists are concerned that the bills do not directly prohibit use of
the "Existing Indian Family Doctrine" which has been used in some cases
to avoid invoking the protections of the ICWA in some adoptions.

More information on the history of these bills can be found at:

http://members.gnn.com/karenjg/ICWA_Info/homepage.htm

Karen