SALT LAKE CITY — Tribal leaders from across the West Coast met at Capitol Hill Tuesday, voicing support for House Bill 40.
The bill, known as "Indian Child Welfare Amendments," gives Native families preference in adoption and foster care choices for Native children.
“House Bill 40 is something that we need to do in the state of Utah to protect these children so that they may always have that inherent right to their language and their traditions and their culture,” said Manuel Heart, the chairman of the Ute Mountain Ute Tribe.
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It comes as the Indian Child Welfare Act faces a Supreme Court Challenge. The federal act was enacted in 1978 in response to systemic removal of indigenous children, often without cause, from families and tribes.
“It doesn't come up with something new,” said Navajo Nation President Buu Nygren. “It’s just adapting something that's already been in place and let's just continue to move forward.”
The bill is currently stalled in the House Judiciary Committee, which voted 7-5 last week to hold the bill amid concerns from some representatives.
Rep. Nelson Abbott released a statement Tuesday, reading:
“I understand there was an interim process with stakeholders, but unfortunately, lawmakers were not included. Additionally, some committee members raised concern over making significant changes to Utah statute amidst lingering federal court decisions. Myself and other committee members have brought forward suggestions to address our concerns. I am hopeful we can engage in positive discussions to resolve the concerns of lawmakers. While some may be disappointed in the bill’s outcome during this week’s committee meeting, the legislative process is designed for deliberative discussions and decisions. I look forward to future conversations on the issue.”
Lt. Gov. Deidre Henderson released a statement as well, reading:
“Utahns believe in the fundamental importance of strong families and communities. For that reason, codifying ICWA is in the state’s interest and aligns with our values. At its core, ICWA keeps Native American children with Native American families and recognizes the Constitutional sovereignty of Utah’s eight federally recognized tribal nations. The state of Utah strongly supports the codification of ICWA.”
Native leaders like Heart said they will be advocating for the bill to get back on the table at the state Capitol this week, and ultimately, for its passage.
“It's going to really look at the judicial system when judges make a referral to where they're going to place these children first and foremost. They should put them with relatives and then look at other options because tradition and language are key to us,” said Heart.
