Vote Yes on SF 4480 New Amendments to MIFPA

The federal Indian Child Welfare Act (ICWA) was enacted in 1978 to protect Indian children, their families, and their Tribes by ensuring that minimal federal standards for the removal of Indian children were required across all fifty states. Minnesota strengthened ICWA in 1985 by enacting the Minnesota Indian Family Preservation Act (MIFPA) and further strengthened it in 2015. Last year, under threat of a pending US Supreme Court decision, the Minnesota legislature passed amendments to MIFPA that ensured all the protections of ICWA would remain in MN. We thank the MN Legislature for ensuring those protections. This year, the bill SF 4480 improves practice in a manner that ensures greater protection for Indian children, their families, and Tribes in the following ways. This legislation provides many practice improvements, including: 1) Inserts language into several areas of law where ICWA and MIFPA apply but are often overlooked. 2) Provides a mechanism for the appointment of counsel to parents, Indian custodians, and Indian children in areas of law where counsel is not already provided. 3) Clarifies notice provisions and improves access for Tribes to ensure Tribes can provide input to the petitioners and the courts about what is truly in the best interest of Indian Children. 4) Expands permanency timelines for 12 to 15 months and allows for the extension of those timelines under limited circumstances to ensure that Indian children are safe when returned to their parents or Indian custodians. 5) Allows courts to award costs and sanctions where appropriate when the court has invalidated proceedings based on violation of the law. Please vote yes for the new MIFPA amendments in SF 4480 this year to support the best interests of Indian children in Minnesota.