Strengthening Tribal Families Act of 2023
This bill establishes requirements related to state compliance with the Indian Child Welfare Act of 1978 (ICWA). The ICWA establishes minimum federal standards for the removal of Indian children from their families and the placement of these children in foster or adoptive homes.
Specifically, the bill requires a state plan for child welfare services and a state plan related to the Promoting Safe and Stable Families Program to ensure that the agency administering or supervising the plan (e.g., a child welfare agency) shall comply with all federal standards established under the ICWA.
Further, the Department of Health and Human Services (HHS) and the Department of the Interior must, in consultation with Indian tribal organizations and states, develop a memorandum of understanding that specifies the factors for measuring compliance with the ICWA. These factors must include requirements sufficient to assess state strengths and areas for improvement in implementing the ICWA (e.g., timely tribal notice of state child custody proceedings).
Additionally, the bill directs HHS to submit biennial reports to Congress on certain reviews of child and family service programs.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3403 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 3403
To amend part B of title IV of the Social Security Act to require
States to comply with Federal standards established under the Indian
Child Welfare Act of 1978.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 17, 2023
Mr. Bacon (for himself, Mr. Schweikert, Mr. LaMalfa, Ms. Davids of
Kansas, Mr. Kildee, Mrs. Peltola, and Mr. Cole) introduced the
following bill; which was referred to the Committee on Ways and Means
_______________________________________________________________________
A BILL
To amend part B of title IV of the Social Security Act to require
States to comply with Federal standards established under the Indian
Child Welfare Act of 1978.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Strengthening Tribal Families Act of
2023''.
SEC. 2. STATE PLAN REQUIREMENTS.
(a) State Plan Requirement Relating to Child Welfare Services.--
Section 422(b)(9) of the Social Security Act (42 U.S.C. 622(b)(9)) is
amended--
(1) by inserting ``(A)'' after ``(9)'';
(2) by striking ``Act;'' and inserting ``Act of 1978;
and''; and
(3) by adding at the end the following:
``(B) provide that the agency administering or supervising
the administration of the plan shall comply with Federal
standards established under the Indian Child Welfare Act of
1978;''.
(b) State Plan Requirement Relating to Promoting Safe and Stable
Families.--Section 432(a) of such Act (42 U.S.C. 629b(a)) is amended--
(1) in paragraph (9), by striking ``and'' at the end;
(2) in paragraph (10), by striking the period and inserting
``; and''; and
(3) by adding at the end the following:
``(11) provides that the agency administering or
supervising the administration of the plan shall comply with
Federal standards established under the Indian Child Welfare
Act of 1978.''.
(c) Measuring Compliance.--Subpart 3 of part B of title IV of such
Act (42 U.S.C. 629m) is amended by adding at the end the following:
``SEC. 441. MEASURING COMPLIANCE WITH THE INDIAN CHILD WELFARE ACT OF
1978.
``(a) In General.--Not later than January 1, 2024, the Secretary
and the Secretary of the Interior, in consultation with Indian tribal
organizations and States, shall develop a memorandum of understanding
that specifies the factors to be used in measuring compliance by State
agencies with sections 422(b)(9) and 432(a)(11) of this title, which
shall include requirements sufficient to assess State strengths and
areas for improvement in implementing the Indian Child Welfare Act of
1978, including the following:
``(1) Timely identification of Indian children and extended
family members.
``(2) Timely tribal notice of State child custody
proceedings.
``(3) Quantitative agency reports of cases under such Act
in which a transfer of jurisdiction (as defined by such Act)
was granted or was not granted, and whether good cause (as
defined in such Act) was applied.
``(4) Quantitative agency reports on how many times a court
returned such a case to the agency based on insufficient active
efforts (as defined by such Act).
``(5) Foster care or adoptive placements in such cases (as
defined by such Act).
``(6) Quantitative agency reports on how many times a court
terminated parental rights in such cases.
``(b) Consultation.--On request of the Secretary, the Secretary of
the Interior shall provide the Secretary with such guidance as may be
necessary to facilitate informing States and public child welfare
agencies on how to correctly and efficiently comply with sections
422(b)(9) and 432(a)(11).''.
(d) Biennial Reports to the Congress.--Section 422 of such Act (42
U.S.C. 622) is amended by adding at the end the following:
``(d) Biennial Reports to the Congress.--The Secretary shall
biennially submit to the Committee on Ways and Means of the House of
Representatives and the Committee on Finance of the Senate a written
report on how the States and the Secretary are addressing the
requirement in subsection (b)(9).''.
SEC. 3. EFFECTIVE DATE.
(a) In General.--Except as provided in subsection (b), this Act and
the amendments made by this Act shall take effect on the 1st day of the
1st calendar quarter that begins after the date of the enactment of
this Act.
(b) Delay Permitted if State Legislation Required.--If the
Secretary of Health and Human Services determines that State
legislation (other than legislation appropriating funds) is required in
order for a State plan developed pursuant to part B of title IV of the
Social Security Act to meet the additional requirements imposed by the
amendments made by this Act, the plan shall not be regarded as failing
to meet any of the additional requirements before the 1st day of the
1st calendar quarter beginning after the first regular session of the
State legislature that begins after the date the Secretary publishes
the memorandum of understanding required by section 441 of the Social
Security Act. For purposes of the preceding sentence, if the State has
a 2-year legislative session, each year of the session is deemed to be
a separate regular session of the State legislature.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Ways and Means.
Referred to the Subcommittee on Work and Welfare.
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