After a wait of almost three weeks, a bill that aims to establish stronger safeguards for American Indian children’s out-of-home placement with their tribe was moved forward by a House committee on Tuesday. The bill will now be considered on the House floor.
Rep. Jonathan Windy Boy, D-Box Elder, introduced House Bill 317, that would put the federal Indian Child Welfare Act into Montana law. The significance of this bill and ICWA, Windy Boy explained, is to protect the cultural identity of American Indian children.
“In an interview with Montana Free Press, Windy Boy expressed that the Indian policy in the United States can be best described as a termination policy. He further expressed his satisfaction with the committee’s majority recognizing this fact and the resounding voice of the votes.”
The House Human Services Committee voted 15-6 to pass HB 317 with two amendments. The bill was first introduced and heard in committee earlier this month during a hearing that attracted over 30 proponents. A letter of support from the Legislature’s American Indian Caucus was also introduced.
HB 317, also known as the Montana Indian Child Welfare Act, aims to incorporate the federal Indian Child Welfare Act into state regulations. This legislation ensures that Native children in foster care or child protective services are placed and nurtured by families who are in close proximity to their tribe and reservation.
Before advancing to the Senate, the bill must first be approved by the entire House. During the initial committee hearing, only one person expressed opposition, leading to an amendment being made to HB 317. Bruce Spencer, who represents the Montana State Bar, objected to a specific portion of the bill. This section would have permitted non-attorney representatives from the respective tribes to participate in custody and court proceedings. Spencer argued that only the Montana Supreme Court had the authority to make such a decision.
The bill, along with a second amendment, was amended and passed, which included a jurisdiction section granting tribal entities exclusive authority over the child’s housing placement within the reservation.
In addition to HB 317, there is another bill in the Legislature that focuses on the well-being of Native children. Senate Bill 328, introduced by Sen. Dennis Lenz, aims to incorporate certain aspects of the federal Indian Child Welfare Act into Montana’s existing neglect and child abuse laws. Despite this, Brooke Baracker-Taylor, a member of the Turtle Mountain Band of Chippewa Indians who assisted in drafting HB 317, states that the two bills are not conflicting with each other.
In an email, Windy Boy stated that HB 317 is anticipated to be presented before the entire House within the upcoming days.
This story is co-published by Montana Free Press and ICT, a news partnership that covers the Montana American Indian Caucus during the state’s 2023 legislative session. Funding is provided in part by the Headwaters Foundation.
