SIGNED! Legislation to Protect Native American Children and Graduates

DENVER, CO – Today, Governor Jared Polis signed into law two pieces of legislation to ensure protections for Native American children and students at graduation ceremonies. The Governor and legislators were joined by members and leaders of Colorado’s federally recognized tribes at the signing ceremony, including Southern Ute Indian Tribe Chairman Melvin Baker and the Executive Director of the Colorado Commission of Indian Affairs, Kathryn Redhorse.

SB23-202, sponsored by Senators Jessie Danielson, D-Wheat Ridge, and Sonya Jaquez Lewis, D-Longmont, allows Native American students to wear traditional regalia at graduation ceremonies.

The bill requires schools, school districts and public colleges and universities to allow qualifying students, including those who are members of a Tribe, eligible to be members of a Tribe, or are of Native American descent, to wear traditional Native American regalia at graduation ceremonies. The bill aims to protect Indigenous students from discrimination and reverse the systemic effects of the Indian Civilization Act of 1819.

“Today’s bills signal our commitment to reversing the egregious, systemic effects of removal and assimilation practices, and further fortify tribal rights,” said Danielson. “From schools prohibiting kids to wear celebratory cultural regalia to the Supreme Court overturning decades of legally rock-solid precedent, the need for these bills is clear. With these new laws, the State of Colorado is supporting Native American tribes, families, and kids in the way they deserve.”

“No Native American student should have to choose between participating in their graduation with their classmates or following their religious and cultural traditions,” said Jaquez Lewis. “Our country has a long and tragic history of suppressing Native American culture and forcing people to assimilate. I’m pleased to stand alongside Tribal leaders and members as we enshrine these protections for Native American students once and for all.”

The second bill, SB23-211, sponsored by Danielson and Majority Leader Dominick Moreno, D-Commerce City, secures protections for Native American children in cases of adoption and guardianship. The bill adopts the federal Indian Child Welfare Act of 1978 (ICWA) into state law to ensure that Native American children continue to be protected if the law is struck down fully or partially at the federal level.

ICWA was enacted to safeguard the best interests of Native American children and keep them connected to their families and tribes in cases of separation. The law delineates the roles of state and tribal governments in child welfare cases, but is currently being challenged in the Supreme Court.

“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 new law puts the best interests of Native American children first, and promotes the stability and security of tribes and families.” 

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 live in Colorado, a higher population than the neighboring states of Utah and Idaho.