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NCSL Racial Equity in Child Welfare: The Role of State Legislators The National Conference of State Legislatures (NCSL)
Annual Meeting Pre-Conference Session
Monday, August 14th, 2006 - 12 Noon - 4 PM
Nashville, Tennessee
Hermitage D -- Level M (Mezzanine) Gaylord Opryland Conference Center
RECENT STATE LEGISLATIVE INITIATIVES COLORADO 2002 Colo. Sess. Laws, HB 1064
Created an Indian child welfare law for Colorado and amended relevant sections of the Colorado Children's Code to ensure compliance with the federal Act. The legislature recognized that, in order to achieve the goals of the federal Act, it is necessary for the state to determine whether children who are the subject of child welfare proceedings in the state court system are Indian children. If so, the state must ensure that timely and appropriate notice is given to the child's family and tribe. In addition, the state has formed an Indian Child Welfare Act Team, which is comprised of officials from around the state who monitor efforts made in relation to ICWA.
FLORIDA During the 2003 session, three Florida African-American legislators began to work with church and civic groups to promote the adoption of Black children through television ads and a streamlined adoption process. The project works to encourage more African-Americans to become volunteers in the state’s Guardian Ad Litem program and also includes outreach to churches, fraternal organizations, civic groups and others in an effort to recruit Black families to formally adopt and informally “adopt” African-American foster children. Florida lawmakers also enacted the “One Church, One Child of Florida Corporation Act” in an attempt to expedite the adoption of Black children out of Florida’s foster care system by utilizing the resources of Black churches to help find permanent homes for Black children available for adoption. The act also encouraged the State to develop, monitor and evaluate projects designed to address problems associated with the child welfare system, especially those affecting Black children. A number of other states and localities have adopted similar programs, including Illinois and New York City. (Fla. Stat. 409.1755). ILLINOIS 2004 Ill. Laws, SB 3208, PA 93-0867
Renames the African-American Family Commission, created by Executive Order in 1994; the new name is the Illinois African-American Family Commission. (The commission is charged with monitoring existing legislation and programs that affect African-American families, assisting state agencies with designing programs to enhance the social and economic well-being of such families, and facilitating the participation of African-Americans in the development, implementation, and planning of community-based services.) The law also does the following: Expands the role of the commission to include establishing working relationships with the departments on Aging, Children and Family Services, Commerce and Economic Opportunity, Corrections, Human Services, Public Aid, Public Health, Transportation, and all other agencies that have an effect on African-American children and families. The purpose of establishing these relationships is to engage those agencies in the commission’s efforts to preserve and strengthen African-American families. Requires the commission to monitor existing legislation and programs and assist state agencies in developing programs, services, public policy and research strategies to expand the social and economic well-being of African-American children and families. Requires the commission to facilitate the participation of African-Americans in developing, implementing and planning community-based services. Outlines commission membership and terms. Funds the commission through appropriations made to the previously mentioned state agencies. Requires an annual report to the governor and the General Assembly on progress toward the commission’s goals and objectives. IOWA 2003 Iowa Acts, SF 354, Chap. 153
The state legislature adopted this bill in order to clarify state policies and procedures regarding implementation of ICWA, partly in response to concerns about disparate treatment of Indian families, extremely disproportionate representation of Indian children in foster care and reports of non-compliance with the federal Indian Child Welfare Act by both courts and child welfare officials. The law specifies that state policy requires full cooperation with Indian tribes and tribal citizens to ensure the intent and provisions of ICWA are enforced. In addition, the law requires notice to the tribe and family at every stage of a child welfare proceeding to help parties understand and participate in the legal process.
2003 Iowa Acts, SF 453, Chap. 178
Requires the Department of Human Services to implement a system redesign for child welfare and juvenile justice to make the transition to an outcomes-based system for children. Requires the outcomes-based system to be based on federal and state child welfare outcomes regarding safety, permanency, child and family well-being, public safety, accountability and rehabilitation. Requires the development of a stakeholder panel to provide input into the planning, design, implementation and evaluation. Requires a six-member legislative committee to monitor the service system redesign. Appropriates $2.2 million. The Child Welfare Redesign includes two Children of Color Projects – an African-American project in central Iowa and a Native American project in northwest Iowa. Both projects aim to reduce the disproportionate number of minority children in the child welfare system. MAINE 2005 Me. Laws, LD 415, Chap. 118
Establishes a committee to examine the extent to which the state complies with the federal Indian Child Welfare Act of 1978 (ICWA) and to identify ways in which to improve compliance. Sets committee membership and required a report, by December 7, 2005, to the Joint Standing Committee on Judiciary and the Legislative Council. The report must include findings and recommendations and suggested legislation. MICHIGAN 2005 Mich. Pub. Acts, SB 271, Act 147
Sec. 548. Requires a task force to study the disproportionate representation of African-American and other children of color in the child welfare and juvenile justice systems in Michigan. Requires a report to the Department of Human Services with administrative and legislative recommendations for appropriate services to reduce disparities and bias and improve long-term outcomes for children of color in the systems. Requires the Department of Human Services to report to the Legislature by December 31, 2005. MINNESOTA
In 2001, Minnesota legislators mandated a Children’s Services study of outcomes for African-American children in Minnesota’s child welfare system (201 Minn. Laws, 1st Special Session, HF4, Chap. 9 Art. 11, sec. 15). The study documented racial disparities in the state’s child welfare system and developed a series of recommendations including an evaluation of county practices to eliminate disparities, increase monitoring and evaluation, emphasizing culturally competent practice, working in partnership with the African-American community and advocating for supports for African-American families. The Minnesota Department of Human Services currently supports a “Children of Color Outreach” project which coordinates efforts to eliminate the disproportionate representation of children of color in child welfare by supporting research, community partnerships and policy changes. Council on Black Minnesotans - The Council was created by the Minnesota legislature in 1980 to advise the Governor and legislature on issues confronting the state's Black populations including a review and recommendations on out-of-home placement of Black children (Minn. Statutes Section 3.9225). There is also a Commission on Minnesotan African-American Children (COMAC) that works on issues related to Black children not being placed in Black foster and adoptive homes. Minnesota also has an Ombudsman for Children of Color and at least two other councils with similar roles – the Indian Affairs Council and the Hispanic Affairs Council. 2005 Minn. Laws, 1st Special Session, HF 139A, Chap 4, Art. 3, Sec. 8
Allows the Commissioner of Human Services to authorize projects to test tribal delivery of child welfare services to American Indian children and their parents and custodians living on the reservation. Authorizes grants to Indian tribes for that purpose. MONTANA 2005 Mont. Laws, SB 86, Chap. 349
Defines terms related to the implementation of ICWA and clarifies the role of a qualified expert witness in cases involving Indian children in proceedings subject to ICWA. NEW MEXICO 2005 N.M. Laws, SB 233, Chap. 189
Sec. 37. Specifies the following placement preferences for Indian children taken into state custody: a member of the child’s extended family, a foster home licensed and specified by the child’s tribe, an Indian foster home licensed or approved by an authorized non-Indian licensing authority, or an institution for children approved by the child’s tribe or operated by an Indian organization. 2005 N.M. Laws, SB 225, Chap. 26
Clarifies that the Safe Haven for Infants Act is not intended to abridge the rights or obligations created by ICWA. Requires that a hospital ask a person leaving an infant whether the infant has a parent who is a member of an Indian tribe. Requires the hospital to provide the Department of Children, Youth and Families with all available information regarding an infant left pursuant to the Safe Haven for Infants Act. Provides that a parent of an infant left at a hospital shall have standing to participate in all proceedings regarding the child.
SOUTH DAKOTA
2005 S.D. Sess. Laws, HB 1226, Chap. 139
Requires that, in any proceeding to which ICWA applies, the state’s attorney notify the parent or Indian custodian and Indian child’s tribe of the pending proceedings and of their right of intervention. Specifies requirements related to the form, timing and content of the notice.
2004 S.D. Sess. Laws, SB 211, Chap. 2
Establishes the Governor’s Commission on the Indian Child Welfare Act to study the requirements of the federal Indian Child Welfare Act, including compliance with the requirements for notice, placement, expert witness testimony, intervention, transfer of jurisdiction, and active efforts, and the means by which Indian tribes can assist in pursuing the policies of the act. Requires the governor to appoint an independent reviewer to analyze compliance with the act by the Department of Social Services, the state attorneys, the Unified Judicial System, and private agencies involved in foster care and adoption. The independent reviewer also will analyze the means by which Indian tribes can assist the state and private agencies in achieving compliance. Specifies commission membership and duties. Requires the commission to review the efforts of the Department of Social Services to enter into agreements with Indian tribes regarding licensing of foster homes, access to federal funding, and contracting of child protection services. Requires the commission to explore and evaluate options to address and resolve identified issues and barriers that prevent or hinder compliance and make recommendations to improve compliance with the federal Indian Child Welfare Act. Opens records and transcripts to the commission pertaining to apparent, alleged or adjudicated abused or neglected children, with provisions for confidentiality. TEXAS 2005 Tex. Gen. Laws, SB 6, Chap. 268
Sec. 1.54. Requires the Health and Human Services Commission and Department of Family and Protective Services to analyze data regarding child removals and other enforcement actions during state fiscal years 2004 and 2005 to determine whether enforcement actions were disproportionately initiated against any racial or ethnic group. Requires a report no later than January 1, 2006. Requires a remediation plan to prevent racial or ethnic disparities and an evaluation of policies and procedures if the results of the analysis indicate disparate treatment of racial or ethnic groups. Requires a report on the evaluation and remediation plan by July 1, 2006. WASHINGTON 2006 Wash. Laws, HB 3182, Chap. 90
Recognizes the ability of the Indian tribes within the state to enter into agreements with the state to license agencies located on or near the federally recognized Indian reservation to receive children for control, care, and maintenance outside their own homes, or to place, receive, arrange the placement of, or assist in the placement of children for foster care. Authorizes the department to enter into written agreements with Indian tribes within the state to define the terms under which the tribe may license agencies. Provides that the department and its employees are immune from civil liability for damages arising.
For more information regarding child welfare issues, contact Nina Mbengue in the Denver office at 303.364.7700 or cyf-info@ncsl.org or either Sheri Steisel or Lee Posey in the D.C. office at 202.624.5400 or fedhumserv-info@ncsl.org |