Bill Text: NC H683 | 2017-2018 | Regular Session | Amended


Bill Title: Indian Child Welfare Agreement Form

Spectrum: Partisan Bill (Democrat 11-0)

Status: (Engrossed) 2017-04-27 - Ref To Com On Rules and Operations of the Senate [H683 Detail]

Download: North_Carolina-2017-H683-Amended.html

GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2017

H                                                                                                                                                    2

HOUSE BILL 683

Committee Substitute Favorable 4/26/17

 

Short Title:      Indian Child Welfare Agreement Form.

(Public)

Sponsors:

 

Referred to:

 

April 11, 2017

A BILL TO BE ENTITLED

AN ACT to require the division of social services in the department of health and human services to develop a standard form to be USEd to establish agreements WITH STATE‑RECOGNIZED INDIAN TRIBES on behalf of indian children under their authority involved in matters of foster care, adoption assistance, and kinship guardianship assistance programs under title IV‑E of the social security act.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 143B‑139.5A reads as rewritten:

"§ 143B‑139.5A.  Collaboration between Division of Social Services and Commission of Indian Affairs on Indian Child Welfare Issues.

(a)        The Division of Social Services, Department of Health and Human Services, shall work in collaboration with the Commission of Indian Affairs, Department of Administration, and the North Carolina Directors of Social Services Association to develop, in a manner consistent with federal law, an effective process through which the following can be accomplished:

(1)        Establishment of a relationship between the Division of Social Services and the Indian tribes set forth in G.S. 143B‑407(a), either separately or through a central entity, that will enable these tribes, in general, and tribal councils or other tribal organizations, in particular, to receive reasonable notice of identified Indian children who are being placed in foster care or adoption or who otherwise enter the child protective services system, and to be consulted on policies and other matters pertinent to placement of Indian children in foster care or adoption.

(2)        Agreement on a process by which North Carolina Indians might be identified and recruited for purposes of becoming foster care and adoptive parents.

(3)        Agreement on a process by which the cultural, social, and historical perspective and significance associated with Indian life may be taught to appropriate child welfare workers and to foster and adoptive parents.

(4)        Identification or formation of Indian child welfare advocacy, placement and training entities with which the Department of Health and Human Services might contract or otherwise form partnerships for the purpose of implementing the provisions of this act.

(5)        Development of a valid and reliable process through which Indian children within the child welfare system can be identified.

(6)        Identify the appropriate roles of the State and of Indian tribes, organizations and agencies to ensure successful means for securing the best interests of Indian children.

(b)        The Department of Health and Human Services, Division of Social Services, shall develop a standard form to be used to establish an agreement with any state‑recognized Indian tribe who requests such an agreement to provide specific actions to be taken on behalf of an Indian child under their authority involved in matters of foster care, adoption assistance, and kinship guardianship assistance programs under Title IV‑E of the Social Security Act. The agreement shall incorporate similar provisions to apply to state‑recognized tribes as provided in the federal Indian Child Welfare Act, 25 U.S.C. § 1901, et seq., applicable to Indian children in federally recognized Indian tribes.

(c)        The Department of Health and Human Services, Division of Social Services, shall consult with representatives of state‑recognized tribes and related organizations or consortia that represent members of state‑recognized tribes in development of the standard form.

(d)       The Department of Health and Human Services, Division of Social Services, shall submit an interim report to the Joint Legislative Oversight Committee on Health and Human Services (Committee) no later than June 30, 2018, detailing any resources and actions needed, including legislation needed to effectively develop and implement the standard form. The Department of Health and Human Services shall submit a final report, including its standard form and any recommendations for legislation in accordance with subsection (b) of this section, to the Committee by December 1, 2018."

SECTION 2.  This act is effective when it becomes law.

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