New law codifies provisions of Indian Child Welfare Act in statute

The federal government established the Indian Child Welfare Act in 1978 to help end the practice begun in the 1800s of separating Native American children from their families. The Minnesota Indian Family Preservation Act was enacted in 1985 to strengthen and expand parts of the federal law.

In the event future court decisions imperil the federal law, a new Minnesota law will mitigate the impact in Minnesota.

Sponsored Rep. Heather Keeler (DFL-Moorhead) and Sen. Mary Kunesh (DFL-New Brighton), the law adds the federal provisions — including procedures and requirements for child protection, placement and permanency proceedings — to state statutes. It takes effect Aug. 1, 2023.

Another provision sets forth a policy on tribal-state relations by which the state acknowledges federally recognized Indian Tribes as sovereign political entities that can’t be limited by any action of the state.

HF1071/SF667*/CH16

SF0667* / HF1071 / CH16