Bill > HB1904

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 apply specific procedures. The bill defines terms like "child custody proceeding" to encompass foster care placement, termination of parental rights, preadoptive placement, and adoptive placement, and clarifies what constitutes an "Indian child" and their "Indian child's tribe." It establishes that Indian tribes have exclusive jurisdiction over child custody proceedings for children residing on their reservations, and in cases where an Indian child is not on a reservation but is subject to a state court proceeding, the tribe has the right to intervene or have the case transferred to tribal jurisdiction, barring objections or good cause. The bill mandates that before removing an Indian child from their home or terminating parental rights, the parent, Indian custodian, and the child's tribe must be notified, and "active efforts" must be made to prevent the breakup of the Indian family, with specific evidentiary standards required for foster care placement and termination of parental rights. It also outlines preferences for placing Indian children in adoptive or foster care with relatives, tribal members, or other Indian families, and requires that consent for voluntary placements or terminations be given before a judge and fully understood. Furthermore, the bill allows for the invalidation of certain actions if they violate these provisions and authorizes agreements between the state and Indian tribes regarding child custody jurisdiction. Importantly, the bill's effective date is contingent upon the repeal or a U.S. Supreme Court decision overturning the federal ICWA, indicating its purpose is to ensure continued protections for Indian children within Tennessee's legal framework.