B 1,122,001 1009-8-5 S. HRG. 100-845 INDIAN CHILD WELFARE ACT HEARING BEFORE THE SELECT COMMITTEE ON INDIAN AFFAIRS ONE HUNDREDTH CONGRESS SECOND SESSION ON S. 1976 TO AMEND THE INDIAN CHILD WELFARE ACT Y 4. In 2/11! Sohrs. 100-845 "BUHR STORAGE" For sale by the Superintendent of Documents, Congressional Sales Office CONTENTS Page 3 68 171 Ewald, Elwyn, executive director, Evangelical Lutheran Church in Amer- INDIAN CHILD WELFARE ACT AMENDMENTS WEDNESDAY, MAY 11, 1988 U.S. SENATE, SELECT COMMITTEE ON INDIAN AFFAIRS, Washington, DC. The committee met, pursuant to notice, at 9:07 a.m., in room 485, Russell Senate Office Building, Hon. Daniel K. Inouye (chairman of the committee) presiding. Present: Senators Inouye, DeConcini, Evans, and Murkowski. STATEMENT OF HON. DANIEL K. INOUYE, U.S. SENATOR FROM HAWAII, CHAIRMAN, SELECT COMMITTEE ON INDIAN AFFAIRS The CHAIRMAN. The committee will please come to order. This morning, we gather to consider S. 1976, a bill to amend the Indian Child Welfare Act of 1978. It has been ten years since this act was enacted. In oversight hearings on this act held in 1984, concerns were expressed that the full intent of the act was not being achieved. On November 10 of last year, this committee held additional oversight hearings. From the testimony received at that hearing, it was clear that funding for programs authorized by the act has always been deemed inadequate and has grown worse over the years. Coordination between the Department of the Interior and the Department of Health and Human Services in complimentary programs under their respective jurisdictions has not been realized. Cooperative efforts between the States and the tribes have not been consistent. And divergent decisions among the State courts in implementing the provisions of the act have led to some legal uncertainties in interpretation of the act. The committee received testimony from two witnesses in our November hearing recommending extensive amendments to the Indian Child Welfare Act. The recommended amendments represented long and hard work among persons active in the Indian child welfare field, including attorneys, Indian social service personnel, and State social service agencies. While the proposed amendments did not have the support of all the witnesses testifying, it was clear that they represented a starting point for addressing many of the issues identified in our hearings. On December 19, 1987, my distinguished colleague and vice chairman of the committee, Senator Evans, introduced S. 1976 along with nine co-sponsors, including myself. This is our first hearing on this bill, and I do not anticipate that this bill will move forward without amendments. (1) |