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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