Bill > SB0485

This bill, titled "AN ACT to amend Tennessee Code Annotated, Title 36 and Title 37, relative to Indian child welfare," aims to incorporate key provisions of the federal Indian Child Welfare Act (ICWA) into Tennessee state law, ensuring that courts in child custody proceedings involving an "Indian child" (defined as an unmarried person under eighteen who is a member of or eligible for membership in an Indian tribe) follow specific procedures. The bill establishes definitions for terms like "adoptive placement," "child custody proceeding," "foster care placement," "Indian custodian," and "tribal court," clarifying the scope of these proceedings. It declares a policy to protect the best interests of Indian children and promote the stability of Indian tribes and families by setting minimum standards for child removal and placement, reflecting unique Indian cultural values. Crucially, it grants Indian tribes exclusive jurisdiction over child custody proceedings for children residing or domiciled on their reservations, and allows for the transfer of proceedings for children off-reservation to tribal courts unless there's good cause otherwise. The bill also outlines notification requirements for tribes and parents in pending proceedings, rights to intervene, and the necessity of "active efforts" to prevent family separation before removal, requiring clear and convincing evidence of potential harm to justify foster care placement or termination of parental rights. It further details procedures for voluntary consent to placement or termination, emphasizing the need for judicial oversight and the right to withdraw consent under certain circumstances, and establishes preferences for placing Indian children with extended family, tribal members, or other Indian families. The bill also allows for agreements between Tennessee and Indian tribes regarding child custody and jurisdiction, and includes provisions for the return of custody if an adoption is vacated and for emergency removals to prevent imminent harm. Finally, it mandates the disclosure of tribal affiliation information to adopted individuals and outlines the conditions under which this act will take effect, specifically tied to the repeal or overturning of the federal ICWA by the U.S. Congress or the Supreme Court.