HM 51 — TRIBAL CUSTOMARY ADOPTION

HOUSEA MEMORIAL 51REQUESTING 54THTHE LEGISLATURE-CHILDREN, STATEYOUTH OFAND FAMILIES DEPARTMENT, IN CONSULTATION AND COLLABORATION WITH NEW MEXICOMEXICO'S -INDIAN FIRSTNATIONS, SESSIO,TRIBES 2019AND INTRODUCEDPUEBLOS, BYTO GeorgeneDEVELOP LouisA andTRIBAL D.CUSTOMARY ADOPTION PLAN, POLICIES AND PROCEDURES AND TO MAKE LEGISLATIVE RECOMMENDATIONS FOR THE IMPLEMENTATION OF TRIBAL CUSTOMARY ADOPTION IN STATE COURTS.

Wonda9 JohnsonWHEREAS, 6the 8Indian 10Child AWelfare MEMORIALAct REQUESTINGof THE1978 CHILDREN,was YOUTHestablished ANDin FAMILIESfederal DEPARTMENT,law INin CONSULTATIONresponse ANDto COLLABORATIONthe WITHwholesale NEWremoval MEXICO'Sof INDIANNative NATIONS,American TRIBESchildren ANDfrom PUEBLOS,their TOfamilies; DEVELOP A TRIBAL CUSTOMARY ADOPTION PLAN, POLICIES AND PROCEDURES AND TO MAKE LEGISLATIVE RECOMMENDATIONS FOR THE IMPLEMENTATION OF TRIBAL CUSTOMARY ADOPTION IN STATE COURTS.

eand tWHEREAS, 17the wUnited lStates ncongress drecognized 18 WHEREAS, the Indianimportance Childof Welfareprotecting Actthe rights of 1978Native wasAmerican =children, =and 19for atribes lto establishedprotect inthe federalbest lawinterests inof responseNative toAmerican thechildren wholesaleand removalto ipromote athe estability r 20 of Native American childrentribes fromand their families;

and a t m m 21 WHEREAS, theeach UnitedIndian Statesnation, congresstribe recognized the d r e 22 importance of protecting the rights of Native American c e s k 23 children, and forpueblo tribesis toa protectsovereign, theself-governing bestentity interestswith of e a nunique bgovernment, 24judicial Nativestructure American children and tolanguage promotewith theunique stabilitycustoms of Native u [ American tribes and families;traditions;

and .212777.1 WHEREAS, each Indian nation, tribe and pueblo is a sovereign, self-governing entity with a unique government, judicial structure and language with unique customs and traditions;

and WHEREAS, children represent a connection between the HM 51 Page 1 past and the future for the entire tribe or community, and the welfare of Native American children is a concern of the entire tribal community;

and e e 17 WHEREAS, federal and state policies have influenced tribal e e n d 18 customs and traditions, and most tribes now have relinquishment = = l ] 19 or termination of parental rights in tribal law or codes when a l r i 20 parents are not able to care for their children;

and t e a t WHEREAS, American history has shown that federal and state m m 21 e d r e 22 policies based on the western concept of "family" have not c e r c 23 worked in tribal communities;

and e a n b 24 WHEREAS, the children, youth and families department has a u [ difficult time in finding enough Native American adoptive .212777.1 - 2 - families and subsequently has to place Native American children in non-Native American adoptive homes;

and HM 51 Page 2 WHEREAS, laws allowing tribal customary adoption would benefit the children, youth and families department by providing an option in cases under the federal Indian Child Welfare Act of 1978 for placement preferences;

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE STATE OF NEW MEXICO that the children, youth and families department, in consultation and collaboration with New Mexico's Indian nations, tribes and e e 17 pueblos, be requested to develop a tribal customary adoption e e n d 18 plan, policies and procedures and to consider legislative = = l ] 19 recommendations for review and approval by New Mexico's Indian a l r i 20 nations, tribes and pueblos and the secretary of children, t e a t youth and families;

and m m 21 e d r e 22 BE IT FURTHER RESOLVED that the proposed customary c e r c 23 adoption plan, policies and procedures and legislative e a n b 24 recommendations be presented to the interim legislative u [ committee dealing with Indian affairs by November 1, 2019;

and .212777.1 - 3 - BE IT FURTHER RESOLVED that copies of this memorial be transmitted to the secretary of children, youth and families and New Mexico's twenty-three Indian nations, tribes and pueblos.

-HM 451 -Page 73 925 11 13 15 e e 17 e e n d 18 = = l ] 19 a l r i 20 t e a t m m 21 e d r e 22 c e r c 23 e a n b 24 u [ .212777.1