By Ariana King, Graduate Assistant

Last November, the Supreme Court heard the case of Haaland v. Brackeen*, which challenges the Indian Child Welfare Act (ICWA). Long considered a gold standard in child welfare, ICWA prioritizes keeping Native children in out-of-home care with Native families first before looking to non-Native families for foster care or adoption. Child welfare workers, advocacy groups, and elected officials throughout the country are preparing for the potential overturn of ICWA by creating state laws protecting ICWA and its principles. Below are just a few of the laws representatives have proposed that aim to preserve or strengthen ICWA in each state.

*Learn more about Haaland vs. Brackeen by viewing CASCW’s virtual forum. 

Minnesota

Minnesota Indian Family Preservation Act (HF1071/SF667)

Minnesota already has its own state-level protection of ICWA called the Minnesota Indian Family Preservation Act (MIFPA). However, in light of Haaland v. Brackeen, representatives in both the MN House and Senate have proposed modifications to MIFPA to codify ICWA into state law and implement the ICWA gold standard at a state level. In the Senate Bill they want to include specific ICWA language in the state law and include definitions and required processes to strengthen MIFPA. In the event ICWA is overturned on a federal level, it is unclear how MIFPA would be affected.

Arizona

SB1643

Arizona’s Senate Bill was introduced on 2/2/2023 and assigned to the Senate Rules Committee and Judiciary Committee. It had its second reading on 2/9/2023.

North Dakota

HB1536

North Dakota’s House Bill aims to adopt a state version of ICWA and include its “essence” into the bill. A committee hearing was held on 1/23/2023.

Utah (held in Committee)

HB40

Utah’s House Bill would codify ICWA into state law. As of 2/7/2023, the bill is being held in the Judiciary Committee and cannot go to a floor vote.

Montana

HB0317

Montana’s House Bill to codify ICWA into state law got its first hearing on 2/1/2023.

South Dakota

HB1168

South Dakota’s act would require active efforts to preserve and reunite Native families. The House Bill was introduced on 1/26/2023. Unfortunately, it failed to pass the House vote on 2/7/2023.

Wyoming

SF0094

Wyoming’s Senate Bill would codify ICWA into state law and specify procedures for placing Native children in shelter care or for adoption. It was introduced and referred to Appropriations on 2/13/2023.

It’ll be important to continue to watch the movement of these bills nationwide as we wait on a final decision from SCOTUS about the federal ICWA legislation.