President Barack Obama signed legislation into law on Friday that U.S. Sen. John Hoeven (R-ND) authored to protect Native American children in the tribal foster care system.
The Native American Children’s Safety Act, S. 184/H.R. 1168, which U.S. Rep. Kevin Cramer (R-ND) led to passage in the House, requires that background checks be performed on all adults that live in a foster home before a tribal court can place a child there.
“A decade ago, we worked in North Dakota to ensure that all adults living in a foster home were background checked to protect the children in their care, and now we have extended that same safety net for children in tribal foster care in North Dakota and across the nation,” Hoeven said. “Starting today, it’s the law of the land.”
Under the new law, the background checks must include searches of national criminal records and reviews of child abuse or neglect registries in any state that adults have lived in for the previous five years.
“Native American children are more than two-and-a-half times more likely to be victims of abuse or neglect than other American children,” Cramer said. “And, children exposed to violence are more likely to abuse drugs and alcohol, suffer from depression, anxiety and post-traumatic disorders. The standards in this bill mirror existing national requirements for non-tribal foster care placements, ensuring tribal children receive care at least equal to the protections afforded non-tribal children.”
The law also requires foster care homes to undergo periodic recertification to ensure that they’re safe, and it would give tribes the flexibility to add additional requirements that they deem necessary.
Also under the law, the Bureau of Indian Affairs would be required to follow the new background check protocols when placing a Native American child in foster care homes.