HOUSE MEMORIAL 51

54th legislature - STATE OF NEW MEXICO - first session, 2019

INTRODUCED BY

Georgene Louis and D. Wonda Johnson

 

 

 

 

 

A MEMORIAL

REQUESTING THE CHILDREN, YOUTH AND FAMILIES DEPARTMENT, IN CONSULTATION AND COLLABORATION WITH NEW MEXICO'S INDIAN NATIONS, TRIBES AND PUEBLOS, TO DEVELOP A TRIBAL CUSTOMARY ADOPTION PLAN, POLICIES AND PROCEDURES AND TO MAKE LEGISLATIVE RECOMMENDATIONS FOR THE IMPLEMENTATION OF TRIBAL CUSTOMARY ADOPTION IN STATE COURTS.

 

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

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

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

     WHEREAS, American Indian tribes and communities historically relied on customary practice and tradition to provide for the needs of their children through extended family relationships; and

     WHEREAS, children represent a connection between the past and the future for the entire tribe or community, and the welfare of Native American children is a concern of the entire tribal community; and

     WHEREAS, federal and state child welfare laws and policies express a clear preference for termination of parental rights and adoption of children who cannot be returned to their families; and

     WHEREAS, federal and state policies have influenced tribal customs and traditions, and most tribes now have relinquishment or termination of parental rights in tribal law or codes when parents are not able to care for their children; and

     WHEREAS, American history has shown that federal and state policies based on the western concept of "family" have not worked in tribal communities; and

     WHEREAS, the children, youth and families department has a difficult time in finding enough Native American adoptive families and subsequently has to place Native American children in non-Native American adoptive homes; and

     WHEREAS, tribal customary adoption transfers the custody of a Native American child to the care and protection of adoptive parents without the termination of rights of the birth parents, and the child's tribe makes the decision to consider tribal customary adoption as an alternative placement option for the state; and

     WHEREAS, laws allowing tribal customary adoption would benefit the children, youth and families department by providing an option in cases under the federal Indian Child Welfare Act of 1978 for placement preferences;

     NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE STATE OF NEW MEXICO that the children, youth and families department, in consultation and collaboration with New Mexico's Indian nations, tribes and pueblos, be requested to develop a tribal customary adoption plan, policies and procedures and to consider legislative recommendations for review and approval by New Mexico's Indian nations, tribes and pueblos and the secretary of children, youth and families; and

     BE IT FURTHER RESOLVED that the proposed customary adoption plan, policies and procedures and legislative recommendations be presented to the interim legislative committee dealing with Indian affairs by November 1, 2019; and

     BE IT FURTHER RESOLVED that copies of this memorial be transmitted to the secretary of children, youth and families and New Mexico's twenty-three Indian nations, tribes and pueblos.

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