Two key bills for the Montana Legislature’s American Indian Caucus gained momentum after strategic moves by Sen. Jonathan Windy Boy, a Democrat from Box Elder. Previously stalled in Senate committees, Windy Boy revived legislation to update Montana’s Indian Child Welfare Act (MICWA) and improve accountability in the Indian Education for All (IEFA) law. These moves have reignited discussions on these crucial issues.
Windy Boy used a blast motion, a tactic allowing lawmakers to pull bills from committees after being voted down, to push both bills forward. A simple Senate majority is needed for a blast. The federal Indian Child Welfare Act (ICWA), established in 1978, aims to prevent the separation of Native American children from their families by involving tribes in adoption decisions. Despite ICWA, Native children are overrepresented in child welfare systems, prompting Montana and other states to embed ICWA protections into state laws.
Montana’s ICWA law is set to expire, motivating Windy Boy to introduce Senate Bill 147. This bill would cement federal protections into state law, removing expiration and adding measures that surpass federal legislation. During a session, Windy Boy noted, “it had 26 proponents and zero opponents [during the committee hearing], and it is a good bill.” The Senate passed SB 147 on a 30-19 vote.
Windy Boy’s bill introduces a “cultural compact,” requiring non-tribal guardians of Native children to document cultural engagement with the child’s tribe. Other provisions include standards for emergency child removal and enhanced tribal consultation. On Feb. 21, the Senate also voted to revive Senate Bill 181, which strengthens the Indian Education for All law, by a narrow 26-24 margin.
IEFA, enacted in 1999, aims to preserve Native culture in state education. Windy Boy emphasized accountability, stating the bill ensures transparency in using government funding for education. On Feb. 19, the American Indian Caucus discussed their strategy to use blast motions to push forward stalled bills. The caucus, predominantly Democrats, faces challenges with a Republican-majority Senate. Despite these hurdles, members like Sen. Susan Webber plan to continue using blasts to advance key legislation.
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