Senate Approves Legislation to Ensure Protections for Native American Children

SB23-211 would protect Native American children in cases of guardianship and adoption if the Supreme Court strikes down all or part of the Indian Child Welfare Act

DENVER, CO – Legislation sponsored by Majority Leader Dominick Moreno, D-Commerce City, and Senator Jessie Danielson, D-Wheat Ridge, to ensure protections for Native American children in cases of adoption and guardianship passed the Senate today.

The Indian Child Welfare Act of 1978 (ICWA) is a federal law that governs the removal and placement of American Indian and Alaska Native children as well as parental termination, and delineates the roles of state and tribal governments in child welfare cases. ICWA was enacted to protect the best interests of Native American children and keep them connected to their families and tribes in cases of separation.

ICWA is currently being challenged in the Supreme Court, which could strike down all or part of the law. SB23-211 would adopt ICWA into state law to ensure that Native American children continue to be protected in cases of guardianship and adoption if the law is struck down fully or partially on the federal level.

“For decades, the Indian Child Welfare Act has been recognized as the gold standard in child welfare practice by experts,” said Moreno. “Now that anti-tribal interests who want to undermine tribal sovereignty have made their way to the Supreme Court, it’s vital that we act immediately to protect Indigenous kids on a state level. This bill puts the best interests of Native American children first, and promotes the stability and security of tribes and families.” 

“The Indian Child Welfare Act was created – and is vitally needed – to address longstanding and egregious removal practices targeting Native American children,” Danielson said. “The Supreme Court has already demonstrated that they will overturn decades of legally rock-solid precedent. Not a single Tribal Nation, independent Native organization, or independent child welfare organization supports striking down ICWA. Colorado needs this safety net in place to protect kids from familial and tribal separation in case ICWA falls.”

ICWA was enacted in response to a crisis affecting American Indian and Alaska Native children, families, and tribes. In the 1970’s, studies revealed that 25 to 35 percent of all Native American children were being separated from their parents, extended families, and communities by state child welfare and private adoption agencies. Of those separated, 85 percent were placed outside of their families and communities into non-Native American households – even when fit and willing relatives were available. Since ICWA’s enactment, the law has been successful in keeping Native American children in their families and communities, and ensuring the children’s rights are protected. 

Colorado is home to two federally recognized Tribes; the Southern Ute Indian Tribe and the Ute Mountain Ute Tribe. According to the 2020 US Census, 74,129 Native Americans lived in Colorado, a higher population than the neighboring states of Utah and Idaho.

SB23-211 now heads to the House for further consideration. Follow the bill’s progress HERE.

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