Montana senators showed support for the Montana Indian Child Welfare Act after the state Senate preliminary passed two bills on Monday.
Sen. Jonathan Windy Boy sponsored the bills, which were previously "blasted" to the floor with a procedural move. The legislation also includes legislation to remove a "sunset" provision that would terminate its effectiveness this year.
Expansion of the Montana Indian Child Welfare Act
The Montana Indian Child Welfare Act is similar to the federal Indian Child Welfare Act and ensures that the state prioritizes the preservation of Native American children's culture. It also ensures that they are with their community when they are removed from a parent or parents' care.
The state legislation passed in Montana in 2023 and received a sunset in 2025, pending a United States Supreme Court case, which upheld ICWA. However, Windy Boy said that the Montana law also goes beyond the protections in federal law as it is based on the sovereign status of tribes, according to the Daily Montanan.
The senator said that no asset was more valuable to the future than children. Under the Montana Indian Child Welfare Act, if termination of the legal parent-child relationship is sought in the state, parents are required to be notified at every step.
Additionally, the bill says that any officer influencing foster care or parental rights is mandated to demonstrate that they have participated in "active efforts to prevent the breakup of the Indian family."
Windy Boy's proposed changes to the Montana Indian Child Welfare Act are designed to extend the law past its statutory sunset this year. He added that they would also improve consistency in court proceedings around Montana and strengthen consultation between state and tribal governments, ICT News reported.
Changes to the Legislation
The senator introduced the proposed changes to the state bill during a hearing before the Senate Public Health, Welfare, and Safety Committee on Monday. He said lawmakers had amendments that detailed more of what was needed, referring to the 2023 laws.
The bill sponsor's latest attempt comes after the Montana Indian Child Welfare Act was defeated on a 6-5 vote in a Senate committee two weeks ago. The Senate Public Health, Welfare, and Safety Committee tabled Windy Boy's legislation on Feb. 14, 2025.
Six of the seven Republicans on the committee voted against the bill, while all of its Democrats and one other Republican voted in support of it. The vote drew ire from members of the Legislature's American Indiana Caucus, who argued that other bills regarding child welfare have already passed committees, as the Montana Free Press reported.
