FOR IMMEDIATE RELEASE
July 30, 1997
CONTACT: Christopher M. Changery
(202) 224-2251

WASHINGTON, D.C. -- The Senate Indian Affairs Committee today reported S. 569, a bill to amend the Indian Child Welfare Act of 1978 (ICWA), to the full Senate. The bill was approved by voice vote.

ICWA was enacted in 1978 to address the unusually high rate of adoptions of Indian children, which Congress determined was not in the best interests of Indian children and would ultimately jeopardize the viability of Indian tribes, tribal communities, and tribal cultures. In recognizing the legitimate interests of the tribe, the law allowed for tribal involvement. An Indian tribe may intervene in a state court custody proceeding involving Indian children who are members of or who are eligible for membership in the tribe.

S.569 will bring more certainty, speed and stability to adoption of Indian children by providing early notice to Indian tribes in all cases involving Indian children. This notice provision is coupled with new, strict time frames within which Indian families and tribes can intervene in such proceedings. The bill also imposes criminal sanctions on anyone other than the birth parents who "knowingly and willfully" falsifies documents or conceals material facts concerning the child's Indian heritage.

"My experience as a youth is helpful in providing a context for ICWA and why it was enacted," Chairman Ben Nighthorse Campbell (R-Colo.) said. "I grew up in California, many miles from the Northern Cheyenne Reservation in Montana where my tribe and relatives lived. I am lucky in that even though I was not raised on the reservation, I still cling to my tribal identity, my culture, and the spiritual traditions that make me a member of the Northern Cheyenne Tribe. Many Indian youth are not so lucky, and once removed from their Indian families, tribes and cultures, never regain what they have lost."

"This bill serves the best interests of Indian children and enhances the integrity of Indian families. For the past several years, there have been highly publicized cases involving Indian children and what some felt were late interventions by tribes in these proceedings. By strengthening the procedures of ICWA this bill will make cases like the ones we saw last year a thing of the past."