Revised Montana ICWA Bill Signed into Law, But in Weaker Form

Montana Indian Child Welfare Act (ICWA), a significant bill for the Montana American Indian Caucus, recently became law in a considerably weaker version than initially intended. The federal ICWA protects Native children by involving their tribes in foster care and adoption decisions, addressing the high rate of Native children placed in non-Native homes. According to the Montana Department of Public Health and Human Services, 75-80% of Native families on reservations lost at least one child to foster care when ICWA was enacted in the 1970s.

Native children remain overrepresented in Montana’s child welfare system. In 2020, they accounted for 35% of the state’s foster care, despite being only 9% of the child population, based on data from the Montana Judicial Branch Court Improvement Program. With the federal law’s future uncertain in 2023, Montana and other states wrote ICWA protections into state law. However, Montana’s ICWA law (MICWA) was set to expire this year. Sen. Jonathan Windy Boy, D-Box Elder, introduced Senate Bill 147, to extend MICWA through June 2029, removing its termination date. Gov. Greg Gianforte signed it into law on May 12.

Originally, SB 147 included cultural compacts to keep Native children connected to their heritage. If placed with non-tribal guardians, the bill required a “cultural compact” with the child’s tribe, ensuring cultural engagement. Yet, due to cost concerns, the House Human Services Committee amended the bill, reducing it to a two-page document. A fiscal note estimated the original proposal would cost over $210,000 annually for additional court processes, prompting the amendment.

During an April 7 committee hearing, Rep. SJ Howell, D-Missoula, suggested reconsidering the removed provisions in the future. The amendment passed unanimously. Sen. Windy Boy acknowledged the amendment stemmed from cost concerns and cultural misunderstandings but considered the final bill a session best effort. Post-amendment, a new fiscal note indicated zero implementation cost. He intends to reintroduce similar legislation in future sessions with hopes for broader support.

This story is co-published by Montana Free Press and ICT, covering the Montana American Indian Caucus in the 2025 legislative session.