A bill designed to update the Montana Indian Child Welfare Act (MICWA) failed in a Senate committee with a 6-5 vote, yet its sponsor plans to revive it. The legislation aims to extend the law, improve court case consistency, and strengthen consultation between state and tribal governments.
On February 14, the Senate Public Health, Welfare, and Safety Committee tabled the bill from Sen. Jonathan Windy Boy, a Democrat from Box Elder and member of the Chippewa Cree. Six Republicans opposed the bill, while Democrats and one Republican supported it. The American Indian Caucus expressed frustration as other child welfare bills advanced. Windy Boy plans to “blast” the bill to the Senate floor, a process needing a simple majority to debate a tabled bill.
The updated MICWA bill seeks to extend the law beyond its expiration this year and enhance state-tribal consultation. Windy Boy emphasized its importance for Indigenous children in foster care, advocating consistent court handling and procedural consultation. He believes it offers the best chance for healthy lives.
The Indian Child Welfare Act (ICWA), federally passed in 1978, addressed the removal of Native children from tribes to non-Native homes. Previously, 80% of Native families lost at least one child to foster care, noted the Montana Department of Public Health and Human Services. Although Native children made up only 9% of Montana’s child population as of 2020, they represented 35% of those in foster care, according to the Montana Judicial Branch Court Improvement Program. ICWA advocates for placing children in culturally appropriate homes.
States like Montana, North Dakota, Oklahoma, Washington, and Wyoming have incorporated ICWA principles into state law. Montana’s version, with bipartisan support, was signed by Governor Greg Gianforte in 2023.
The proposed changes in the bill include 30-day recurring court hearings for placements not meeting MICWA preferences. Brooke Baracker-Taylor, an assistant attorney general, supported this amendment, saying it enhances transparency and decision-making, ensuring all parties are informed.
Lance Four Star, director of the American Indian Caucus, and other supporters testified for the bill. Dozens, including tribal leaders and nonprofits, shared personal stories and supported the bill’s call for tribal consultation throughout placement proceedings. Baracker-Taylor underscored the importance of tribal input for informed decisions and advocated for amendments that would link guardians to resources, maintaining cultural connections for children. No opposition to the bill was voiced.
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