Text: H08284 Text: H08286 Text: H08200 - H08299 Text: H Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend House File 2572 as follows: 1 2 #1. Page 1, line 21, by inserting before the word 1 3 "compelling" the following: "continuing and". 1 4 #2. Page 1, line 26, by inserting after the word 1 5 "reservation" the following: "prior to, during, or 1 6 following a state child custody proceeding". 1 7 #3. Page 2, line 1, by inserting after the word 1 8 "political" the following: ", cultural,". 1 9 #4. Page 2, line 33, by striking the words "a 1 10 person" and inserting the following: "an adult 1 11 person". 1 12 #5. Page 2, line 35, by striking the words "a 1 13 person" and inserting the following: "an adult 1 14 person". 1 15 #6. Page 3, by striking lines 15 through 17 and 1 16 inserting the following: 1 17 "8. "Indian custodian" means an Indian person who 1 18 has legal custody of an Indian child under tribal law, 1 19 tribal custom, or state law or to whom temporary 1 20 physical care, custody, and control has been 1 21 transferred by the child's parent." 1 22 #7. Page 4, line 3, by striking the figure "(c)" 1 23 and inserting the following: "(b), (c),". 1 24 #8. Page 4, by inserting after line 9 the 1 25 following: 1 26 " . "Reservation" means Indian country as 1 27 defined in 18 U.S.C. } 1151 or land that is not 1 28 covered under that definition but the title to which 1 29 is either held by the United States in trust for the 1 30 benefit of an Indian tribe or Indian person or held by 1 31 an Indian tribe or Indian person subject to a 1 32 restriction by the United States against alienation." 1 33 #9. Page 4, line 13, by striking the word 1 34 "permanent". 1 35 #10. Page 4, by striking lines 15 through 17 and 1 36 inserting the following: 1 37 " . "Tribal court" means a court or body vested 1 38 by an Indian tribe with jurisdiction over child 1 39 custody proceedings and which is a federal court of 1 40 Indian offenses, a court established and operated 1 41 under the code or custom of an Indian tribe, or an 1 42 administrative body of an Indian tribe vested with 1 43 authority over child custody proceedings." 1 44 #11. Page 4, line 26, by inserting after the word 1 45 "The" the following: "court shall require a". 1 46 #12. Page 4, line 28, by striking the word "shall" 1 47 and inserting the following: "to". 1 48 #13. Page 4, line 34, by inserting after the word 1 49 "tribe" the following: ", including but not limited 1 50 to the United States department of the interior." 2 1 #14. Page 6, line 1, by inserting after the word 2 2 "court" the following: "or a party to the 2 3 proceeding". 2 4 #15. Page 6, line 2, by striking the word 2 5 "predominately" and inserting the following: 2 6 "predominantly". 2 7 #16. Page 6, line 24, by inserting after the word 2 8 "days" the following: "after receipt of the notice". 2 9 #17. Page 6, line 32, by inserting after the word 2 10 "chapter" the following: "and whose identity is 2 11 known. The identity of such extended family members 2 12 shall be ascertained by an inquiry of each of the 2 13 child's parents and by making other reasonable 2 14 inquiries of persons, including but not limited to the 2 15 child's Indian tribe and the known members of the 2 16 child's extended family". 2 17 #18. Page 7, line 12, by striking the word 2 18 "request" and inserting the following: "be granted up 2 19 to". 2 20 #19. Page 7, by striking lines 26 through 28 and 2 21 inserting the following: 2 22 "f. A statement that the court may appoint counsel 2 23 for the child upon a finding that the appointment is 2 24 in the best interest of the child. 2 25 g. A statement that the information contained in 2 26 the notice, petition, pleading, and other court 2 27 documents is confidential." 2 28 #20. Page 7, line 30, by inserting after the word 2 29 "child," the following: "the procedures described in 2 30 25 U.S.C. } 1913 shall govern the proceedings. In 2 31 addition,". 2 32 #21. Page 9, line 8, by inserting after the word 2 33 "chapter" the following: ", including but not limited 2 34 to the purposes of maintaining the vital relationship 2 35 between Indian tribes and the tribes' children and 2 36 that the best interests of an Indian child require 2 37 that the child be placed in a foster or adoptive home 2 38 that reflects the unique values of Indian culture. 2 39 . Notwithstanding the absence of an objection 2 40 to a transfer of proceedings as described in 2 41 subsection 9 or a declination of the transfer as 2 42 described in subsection 11, the court may order the 2 43 transfer in circumstances in which the evidence 2 44 necessary to the case cannot be adequately presented 2 45 in the tribal court without undue hardship to the 2 46 parties or the witnesses, or the tribal court is 2 47 unable to mitigate such hardship by making 2 48 arrangements to receive and consider such evidence by 2 49 remote communication, hearing the evidence at a 2 50 location convenient to the parties or the witnesses, 3 1 or any other means permitted in the tribe's rules of 3 2 evidence or discovery". 3 3 #22. Page 9, by striking lines 32 through 34 and 3 4 inserting the following: "proceedings." 3 5 #23. Page 10, line 3, by striking the words ", 3 6 whenever possible,". 3 7 #24. Page 10, by inserting after line 5 the 3 8 following: 3 9 " . A party seeking an involuntary foster care 3 10 placement of or termination of parental rights over an 3 11 Indian child shall provide evidence to the court that 3 12 active efforts have been made to provide remedial 3 13 services and rehabilitative programs designed to 3 14 prevent the breakup of the Indian family and that 3 15 these efforts have proved unsuccessful." 3 16 #25. Page 10, line 26, by striking the word 3 17 "jursidiction" and inserting the following: 3 18 "jurisdiction". 3 19 #26. Page 11, line 22, by inserting before the 3 20 word "court" the following: "petition,". 3 21 #27. Page 11, line 34, by inserting after the word 3 22 "days." the following: "If the Indian child's tribe 3 23 has been identified, the court shall notify the tribe 3 24 of the date and time of any hearing scheduled to 3 25 determine whether to extend an emergency removal or 3 26 placement order." 3 27 #28. Page 12, line 10, by striking the words "at 3 28 least one qualified expert witness" and inserting the 3 29 following: "qualified expert witnesses". 3 30 #29. Page 13, line 5, by inserting after the word 3 31 "child's" the following: "extended". 3 32 #30. Page 14, line 9, by inserting after the word 3 33 "section." the following: "A determination of the 3 34 applicable prevailing social and cultural standards 3 35 shall be confirmed by the testimony or other 3 36 documented support of qualified expert witnesses." 3 37 #31. Page 14, line 10, by striking the word 3 38 "care," and inserting the following: "care placement, 3 39 emergency removal,". 3 40 #32. Page 14, line 14, by inserting before the 3 41 word "efforts" the following: "active". 3 42 #33. Page 14, line 26, by inserting after the word 3 43 "PROOF" the following: " CHANGE OF ADOPTIVE OR 3 44 FOSTER CARE PLACEMENT". 3 45 #34. Page 16, by inserting after line 5 the 3 46 following: 3 47 "5. a. Notwithstanding any other law to the 3 48 contrary, if a final decree of adoption of an Indian 3 49 child has been vacated or set aside or the adoptive 3 50 parents voluntarily consent to the termination of 4 1 parental rights to the Indian child, a biological 4 2 parent of the child or prior Indian custodian may 4 3 petition for return of custody and the court shall 4 4 grant such petition unless there is a showing, in a 4 5 proceeding subject to the provisions of 25 U.S.C. } 4 6 1912, that the return of custody is not in the best 4 7 interests of the child. 4 8 b. If an Indian child is removed from a foster 4 9 care placement for the purpose of further foster care 4 10 or preadoptive or adoptive placement, the placement 4 11 shall be in accordance with this chapter and the 4 12 federal Indian Child Welfare Act, unless the Indian 4 13 child is being returned to the parent or Indian 4 14 custodian from whose custody the child was originally 4 15 removed." 4 16 #35. Page 16, line 10, by inserting after the word 4 17 "regarding" the following: "jurisdiction over child 4 18 custody proceedings and". 4 19 #36. Page 16, line 18, by inserting after the word 4 20 "political" the following: ", cultural,". 4 21 #37. Page 16, line 20, by striking the words ", 4 22 where available,". 4 23 #38. Page 16, line 26, by striking the words 4 24 "whenever possible". 4 25 #39. Page 16, lines 31 and 32, by striking the 4 26 words ", if possible,". 4 27 #40. Page 16, by inserting after line 33 the 4 28 following: 4 29 "3. An agreement entered into under this section 4 30 may be revoked by either party by giving one hundred 4 31 eighty days' advance written notice to the other 4 32 party. The revocation shall not affect any action or 4 33 proceeding over which a court has already assumed 4 34 jurisdiction, unless the agreement provides 4 35 otherwise." 4 36 #41. Page 17, line 27, by inserting before the 4 37 word "efforts" the following: "active". 4 38 #42. Page 19, by inserting after line 4 the 4 39 following: 4 40 " . Upon application of an Indian person who is 4 41 eighteen years of age or older and was the subject of 4 42 an adoptive placement, the court that entered the 4 43 final decree shall provide the person, through an 4 44 appropriate order, if necessary, with information 4 45 described in subsection 2 as may be secured from the 4 46 court, agency, or private attorney records." 4 47 #43. Page 19, line 6, by inserting after the word 4 48 "anonymous," the following: "identifying". 4 49 #44. Page 19, line 13, by inserting after the word 4 50 "services" the following: ", in consultation with the 5 1 Indian tribes having land within this state,". 5 2 #45. Page 19, line 16, by striking the words "The 5 3 court" and inserting the following: "An appellate 5 4 court". 5 5 #46. Page 19, line 19, by inserting after the word 5 6 "custodian," the following: "extended family 5 7 member,". 5 8 #47. Page 19, line 29, by inserting after the word 5 9 "tribe" the following: ", or if applicable, an 5 10 extended family member". 5 11 #48. Page 19, line 33, by striking the words "an 5 12 expert witness" the following: "qualified expert 5 13 witnesses". 5 14 #49. Page 19, by inserting after line 34 the 5 15 following: 5 16 "h. Any other violation that is not harmless 5 17 error, including but not limited to a failure to 5 18 comply with 25 U.S.C. } 1911, 1912, 1913, 1915, 1916, 5 19 or 1917. 5 20 3. If a petitioner in an Indian child custody 5 21 proceeding before a state court has improperly removed 5 22 the child from the custody of the child's parent or 5 23 Indian custodian or has improperly retained custody 5 24 after a visit or other temporary relinquishment of 5 25 custody, the court shall decline jurisdiction over the 5 26 petition and shall immediately return the child to the 5 27 child's parent or Indian custodian unless returning 5 28 the child to the parent or Indian custodian would 5 29 subject the child to a substantial and immediate 5 30 danger or threat of such danger." 5 31 #50. By renumbering, redesignating, and correcting 5 32 internal references as necessary. 5 33 5 34 5 35 5 36 WARNSTADT of Woodbury 5 37 HF 2572.701 79 5 38 jp/cls
Text: H08284 Text: H08286 Text: H08200 - H08299 Text: H Index Bills and Amendments: General Index Bill History: General Index
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