Article Summary –
The Biden administration has proposed a rule that would require states to gather more data on child removal cases subject to the Indian Child Welfare Act, thereby improving understanding of how Native American children fare in foster care. The rule, proposed by the U.S. Department of Health and Human Services’ Administration for Children and Families, would require states and tribal agencies that administer certain federal funds to provide case-specific information such as eligibility for special protections, parental notification, and compliance with preferred placements. The proposal aims to address the issue of Native American children being disproportionately represented in foster care and often facing disparate outcomes.
Biden Administration Proposes New Foster Care Rule for Native American Children
The US administration proposes a rule for child welfare systems to gather more in-depth data on Native American children in foster care. The rule would mandate states, tribal agencies, and other bodies handling federal funds to submit detailed information on the Indian Child Welfare Act (ICWA) cases to the Adoption and Foster Care Analysis Reporting System (AFCARS).
This requirement addresses a long-standing issue of insufficient data tracking for American Indian and Alaska Native children in foster care under ICWA.
The administration believes that better data collection can help address the disproportionate representation of Native children in foster care. The proposed rule also aims to improve policy, provide technical aid, focus resources, and maintain tribal communities’ integrity.
The new rule requires state agencies to offer case-specific information on a child’s eligibility for ICWA protections, the notification process for child removal, and whether the child’s foster care placement complies with ICWA’s preferred placements.
Public comments on the rule are welcomed for 60 days after its official posting on February 23, 2024. Comments can be submitted via the Federal Register.
Native American children in Montana are disproportionately represented in foster care, five times higher than white children. However, a lack of comprehensive data collection often impedes state, federal, tribal, and local jurisdictions from understanding and addressing the issue effectively.
Bill Snell Jr. of the Rocky Mountain Tribal Leaders Council sees the proposed rule as a way to improve data collection across governments and provide insight into Native children’s experiences in foster care. He stresses the importance of coordinating data collection and training staff for improved understanding of why children are removed from their homes.
Yolana Page, an attorney for the Confederated Salish & Kootenai Tribes, believes that being able to review annual data can improve practice and uphold ICWA’s objectives.
The newly proposed rule, if adopted, would add more reporting categories for each case, such as inquiries concerning whether the child is an Indian child as defined in ICWA, court determinations, parental notification, case transfer requests to tribal court, and placement preferences under ICWA. The administration will offer states and tribes technical guidance and cover 50% of the total compliance cost, estimated at $2.2 million.
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