# Native American Child Protection Act of 2021

This bill strengthens protections for Native American children involved in the child welfare system. It addresses a long-standing problem: Native American children have historically been removed from their families and tribes at much higher rates than other children, and when they enter foster care or adoption, they often lose connection to their tribal heritage and communities.

The law works by giving Native American tribes more authority and involvement in decisions about their own children. When a Native American child needs protection from abuse or neglect, tribes now have the right to be notified and participate in the case, even if the child lives off the reservation. The bill also requires that before a child is removed from their family, courts must consider whether there are less drastic alternatives—like keeping the child with relatives or providing services to help the family stay together. This reflects the reality that removing children should be a last resort, not a first response.

Additionally, the law prioritizes keeping Native American children connected to their culture and families. If a child must be placed in foster care or adopted, preference goes to placing them with relatives first, then with other Native American families, and finally with non-Native families only if necessary. The bill also ensures tribes have a say in adoption decisions involving their members' children. For families receiving services to prevent removal, the law requires culturally appropriate support that respects tribal traditions and values rather than imposing outside approaches.

The practical effect is that Native American families and tribes gain more control over how their children are treated by the child welfare system, and children are more likely to stay connected to their families, culture, and communities rather than being permanently separated from them.

Native American Child Protection Act of 2021

Luján, Ben Ray

Native American Child Protection Act of 2021 This bill reauthorizes through FY2027 and otherwise revises certain programs related to the prevention, investigation, treatment, and prosecution of family violence, child abuse, and child neglect involving Indian children and families. Specifically, the bill revises the Indian Child Abuse Treatment Grant Program to encourage the use of grants for culturally appropriate treatment services and programs. The bill renames the Indian Child Resource and Family Services Centers as the National Indian Child Resource and Family Services Center. It also requires the center to (1) provide advice, technical assistance, and training to urban Indian organizations; (2) develop technical assistance for Indian tribes, tribal organizations, and urban Indian organizations; and (3) develop model intergovernmental agreements between tribes and states to prevent, investigate, treat, and prosecute incidents of family violence, child abuse, and child neglect involving Indian children and families. Additionally, the bill revises the Indian Child Protection and Family Violence Prevention Program to allow Indian tribes, tribal organizations, and intertribal consortia to use program funds for additional activities, such as operational costs for child protective services.