HM 83 — INDIAN CHILD WELFARE ACT STUDY & REPORT

HOUSEA MEMORIAL 83REQUESTING 53RDTHAT LEGISLATURETHE -NEW STATEMEXICO OFTRIBAL NEWINDIAN MEXICOCHILD -WELFARE SECONDCONSORTIUM, SESSION,IN 2018COLLABORATION INTRODUCEDWITH BYOTHER DerrickCHILD J.WELFARE ENTITIES, CONDUCT A STUDY, COMPLETE A REPORT AND MAKE RECOMMENDATIONS REGARDING COMPLIANCE WITH THE FEDERAL INDIAN CHILD WELFARE ACT OF 1978 BASED ON THE REPORT'S FINDINGS.

Lente8 andWHEREAS, Georgenethe Louisfederal andIndian D.Child Welfare Act of 1978 was passed in response to the wholesale removal of Indian children from their families;

Wondaand JohnsonWHEREAS, 6the 8United 10States Acongress MEMORIALrecognized REQUESTINGthe THATimportance THEof NEWprotecting MEXICOthe TRIBALrights INDIANof CHILDIndian WELFAREchildren CONSORTIUM,and INtribes COLLABORATIONto WITHprotect OTHERthe CHILDbest WELFAREinterests ENTITIES,of CONDUCTIndian Achildren STUDY,and COMPLETEto Apromote REPORTthe ANDstability MAKEof RECOMMENDATIONSIndian REGARDINGtribes COMPLIANCEand WITHfamilies; THE FEDERAL INDIAN CHILD WELFARE ACT OF 1978 BASED ON THE REPORT'S FINDINGS.

eand t 17 WHEREAS, theeach federal Indian Childpueblo, Welfaretribe Actand ofnation 1978in wasNew wMexico lis na dsovereign, 18self-governing passedentity inwith responsea tounique thegovernment, wholesalejudicial removalstructure ofand Indianlanguage childrenand =unique =customs 19and atraditions; l from their families;

and i a e r 20 WHEREAS, the United States congress recognized the a t m m 21 importance of protecting the rights of Indian children and d r e 22 tribes to protect the best interests of Indian children and to c e s k 23 promote the stability of Indian tribes and families;

and e a n b 24 WHEREAS, each Indian pueblo, tribe and nation in New u [ Mexico is a sovereign, self-governing entity with a unique .209894.1 government, judicial structure and language and unique customs and traditions;

6 and WHEREAS, while that act was intended to end abusive practices and improve outcomes for Native American families, HM 83 Native American children are still disproportionately Page 1 entering foster care, and placement may be outside of their respective Indian families, extended families and tribes;

and 12 WHEREAS, there is no definitive data to improve compliance with the Indian Child Welfare Act of 1978, Native American children are still overrepresented in foster care and the percentage of Native American children in foster care is more than twice as high as the percentage of non-Native American e e 17 children;

and e e n d 18 WHEREAS, it is well established that when dealing with = = l ] 19 Indian Child Welfare Act of 1978 cases, it is difficult to a l r i 20 generalize about Native American cultural traditions or t e a t customs, and it is imperative that tribal entities be included m m 21 e d in the process of making recommendations on how to best comply r e 22 c e r c 23 with that act;

and e a n b 24 WHEREAS, appropriately addressing the needs of Indian u [ children who came into the state's child welfare system because .209894.1 - 2 - of abuse and neglect has been a priority of New Mexico state and tribal courts, the national Indian child welfare association, the Corinne Wolfe children's law center at the university of New Mexico, New Mexico highlands university, the New Mexico supreme court's court improvement project, the 6 tribal-state judicial consortium and the New Mexico tribal Indian child welfare consortium;

and WHEREAS, the Children's Code specifically supports the federal Indian Child Welfare Act of 1978 and serves to HM 83 Page 2 mandate compliance;

and WHEREAS, though these provisions exist in the Children's 12 Code, the Indian Child Welfare Act of 1978 is not applied consistently throughout the state;

and e e 17 WHEREAS, the president, vice president of academic e e n d 18 affairs, provost and dean of the school of social work at New = = l ] 19 Mexico highlands university have committed to collaborate with a l r i 20 the all pueblo council of governors and New Mexico's Indian t e a t pueblos, tribes and nations to develop and establish a Native m m 21 e d American social workers' institute at the New Mexico highlands r e 22 c e r c 23 university school of social work to respond to the growing e a n b 24 challenges to the Indian Child Welfare Act of 1978 statewide;

u [ NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF .209894.1 - 3 - REPRESENTATIVES OF THE STATE OF NEW MEXICO that the New Mexico tribal Indian child welfare consortium, in collaboration with child welfare entities, including the tribal-state judicial consortium, New Mexico partners, the national Indian child welfare association, the Corinne Wolfe children's law center 6 and New Mexico highlands university, be requested to conduct a study, complete a report and make recommendations regarding compliance with the federal Indian HM 83 Page 3 Child Welfare Act of 1978 based on the report's findings regarding that act;

and 12 BE IT FURTHER RESOLVED that copies of this memorial be transmitted to the co-chairs of the New Mexico legislative council, the interim legislative committee dealing with Indian affairs, the New Mexico tribal Indian child welfare consortium, the tribal-state judicial consortium, New Mexico partners, the e e 17 national Indian child welfare association, the Corinne Wolfe e e n d 18 children's law center and New Mexico highlands university.

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