ST. GEORGE — Utah is one of three states considering legislation to prevent Native American children from being removed from their tribes and families unnecessarily.
Along with Wyoming and North Dakota, Utah is concerned about U.S. Supreme Court challenges to the Indian Child Welfare Act. The federal law provides preference to Indigenous families in adoption proceedings and foster care involving Native American children.
As it stands, the law also requires child welfare agencies to give access to services to Native American families to help with reunification.
Rep. Christine Watkins is sponsoring the Indian child welfare amendments bill, officially designated HB 40 in the 2023 Utah Legislature, which denotes Utah’s take on the Indian Child Welfare Act. She told St. George News it includes much of the federal law’s verbiage.
She also said that if the Supreme Court overturns the Indian Child Welfare Act, it could already be built into Utah law if the bill passes. Sen. David Hinkins is the bill’s co-sponsor.
Watkins said the federal law has already worked and is best for the children.
“We have, unfortunately, a really tragic history of Native American children being taken for numerous reasons and they never get returned home. And they lose that identity,” she said. “They don’t particularly look like whoever raised them. And then, when they get a chance to go back to their family, they don’t know any of their culture. They don’t know traditions, they don’t know their language and they get lost.”
Watkins said earlier this month, the Utah House Judiciary Committee voted 7-5 to hold the bill in committee while they address lawmakers’ concerns. But Watkins said the legislation had months of review from the Utah tribes and they all support the bill.
The Utah Attorney General’s Office and the tribe’s legal council also support HB 40. She said she and legal experts are willing to address anyone’s concerns.
“Some people who oppose the bill said, ‘I don’t like the wording’. Well, 90% of this bill is the equivalent of the federal law,” Watkins said. “We just changed a couple of things for the tribes because they were part of this process. So right now, it’s on hold.”
In the U.S., before the passage of the Indian Child Welfare Act in 1978, the federal government found that Native children were often removed from their homes. About one-third of all Native children were removed before the act’s passage, often without cause, and placed with white families or in boarding schools. Watkins said this happened even though willing relatives were available.
Studies show that approximately 80% of Native families living on reservations lost at least one child to the foster care system before the Indian Child Welfare Act was enacted.
Watkins said the U.S. Supreme Court heard federal law’s legal challenges on Nov. 9, 2022. This caused the status of American Indian tribal nations and their sovereignty to be questioned. Watkins said HB 40 was created to support the state’s eight sovereign tribe’s right to exert their powers in dealing with their tribal members and is committed to protecting tribal families.
In an email to St. George News, Watkins added that regardless of how the Supreme Court decides this case, “Codifying Indian Child Welfare Act ensures Utah is well-positioned to continue our coordinated statewide efforts between Utah’s tribal governments and other critical stakeholders to provide care, protection, and promotion of cultural connection for all American Indian children and their families.”
Watkins said many tribes came to the Utah Capitol to lobby the Legislature. The newly elected president of the Navajo Nation Buu Nygren also attended. Tribal leaders met with Utah Lt. Gov. Deidre Henderson and Utah Attorney Sean Reyes on Jan. 31 to discuss HB 40.
In response to HB 40 being placed on hold, Henderson said in an emailed statement, “Utahns believe in the fundamental importance of strong families and communities. For that reason, codifying Indian Child Welfare Act is in the state’s interest and aligns with our values. At its core, ICWA keeps Native American children with Native American families and recognizes the constitutional sovereignty of Utah’s eight federally recognized tribal nations.”
Check out all of St. George News’ coverage of the 2023 Utah Legislature here.
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