HOUSE MEMORIAL 83

53rd legislature - STATE OF NEW MEXICO - second session, 2018

INTRODUCED BY

Derrick J. Lente and Georgene Louis and D. Wonda Johnson

A MEMORIAL

REQUESTING THAT THE NEW MEXICO TRIBAL INDIAN CHILD WELFARE CONSORTIUM, IN COLLABORATION WITH OTHER CHILD WELFARE ENTITIES, CONDUCT A STUDY, COMPLETE A REPORT AND MAKE RECOMMENDATIONS REGARDING COMPLIANCE WITH THE FEDERAL INDIAN CHILD WELFARE ACT OF 1978 BASED ON THE REPORT'S FINDINGS.

     WHEREAS, the federal Indian Child Welfare Act of 1978 was passed in response to the wholesale removal of Indian children from their families; and

     WHEREAS, the United States congress recognized the importance of protecting the rights of Indian children and tribes to protect the best interests of Indian children and to promote the stability of Indian tribes and families; and

     WHEREAS, each Indian pueblo, tribe and nation in New Mexico is a sovereign, self-governing entity with a unique government, judicial structure and language and unique customs and traditions; and

     WHEREAS, the disproportionate number of Indian children in New Mexico's child welfare system still persists almost forty years after the Indian Child Welfare Act of 1978 became law; and

     WHEREAS, while that act was intended to end abusive practices and improve outcomes for Native American families, Native American children are still disproportionately entering foster care, and placement may be outside of their respective Indian families, extended families and tribes; and

     WHEREAS, there is no definitive data to improve compliance with the Indian Child Welfare Act of 1978, Native American children are still overrepresented in foster care and the percentage of Native American children in foster care is more than twice as high as the percentage of non-Native American children; and

     WHEREAS, it is well established that when dealing with Indian Child Welfare Act of 1978 cases, it is difficult to generalize about Native American cultural traditions or customs, and it is imperative that tribal entities be included in the process of making recommendations on how to best comply with that act; and

     WHEREAS, appropriately addressing the needs of Indian children who came into the state's child welfare system because of abuse and neglect has been a priority of New Mexico state and tribal courts, the national Indian child welfare association, the Corinne Wolfe children's law center at the university of New Mexico, New Mexico highlands university, the New Mexico supreme court's court improvement project, the tribal-state judicial consortium and the New Mexico tribal Indian child welfare consortium; and

     WHEREAS, the Children's Code specifically supports the federal Indian Child Welfare Act of 1978 and serves to mandate compliance; and

     WHEREAS, though these provisions exist in the Children's Code, the Indian Child Welfare Act of 1978 is not applied consistently throughout the state; and

     WHEREAS, there must be a concerted effort to strengthen and develop best practices and more consistency in compliance with the Indian Child Welfare Act of 1978; and

     WHEREAS, the president, vice president of academic affairs, provost and dean of the school of social work at New Mexico highlands university have committed to collaborate with the all pueblo council of governors and New Mexico's Indian pueblos, tribes and nations to develop and establish a Native American social workers' institute at the New Mexico highlands university school of social work to respond to the growing challenges to the Indian Child Welfare Act of 1978 statewide;

     NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE STATE OF NEW MEXICO that the New Mexico tribal Indian child welfare consortium, in collaboration with child welfare entities, including the tribal-state judicial consortium, New Mexico partners, the national Indian child welfare association, the Corinne Wolfe children's law center and New Mexico highlands university, be requested to conduct a study, complete a report and make recommendations regarding compliance with the federal Indian Child Welfare Act of 1978 based on the report's findings regarding that act; and

     BE IT FURTHER RESOLVED that the report be presented to the interim legislative committee dealing with Indian affairs; and

     BE IT FURTHER RESOLVED that copies of this memorial be transmitted to the co-chairs of the New Mexico legislative council, the interim legislative committee dealing with Indian affairs, the New Mexico tribal Indian child welfare consortium, the tribal-state judicial consortium, New Mexico partners, the national Indian child welfare association, the Corinne Wolfe children's law center and New Mexico highlands university.

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