Session of 2024
HOUSE BILL No. 2772
By Committee on Child Welfare and Foster Care
Requested by Representative Haswood
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AN ACT concerning children and minors; establishing the Kansas Indian
child welfare act; providing additional requirements for child custody
proceedings involving Indian children; defining terms used in such act;
granting jurisdiction over proceedings that involved an Indian child to
such child's Indian tribe; requiring the secretary to notify Indian tribes
if a proceeding involves an Indian child, to seek placement of an Indian
child with an Indian custodian or person committed to such child's
culture; declaring standards for proceedings involving an Indian child;
providing for notice requirement of such proceedings; identifying when
to notify and duties of the United States secretary of the interior.
Be it enacted by the Legislature of the State of Kansas:
Section 1. (a) The provisions of sections 1 through 17, and
amendments thereto, shall be known and may be cited as the Kansas
Indian child welfare act.
(b) The purpose of the Kansas Indian child welfare act is to clarify
state policies and procedures regarding the implementation by Kansas of
the federal Indian child welfare act. It shall be the policy of the state to
cooperate fully with Indian tribes in Kansas in order to ensure that the
intent and provisions of the federal Indian child welfare act are enforced.
This cooperation includes recognition by the state that Indian tribes have a
continuing and compelling governmental interest in an Indian child
whether or not the Indian child is in the physical or legal custody of a
parent, an Indian custodian or an Indian extended family member at the
commencement of an Indian child custody proceeding or the Indian child
has resided or is domiciled on an Indian reservation. The state shall be
committed to protecting the essential tribal relations and best interests of
an Indian child by promoting practices consistent with the federal Indian
child welfare act and other applicable law designed to prevent the Indian
child's out-of-home placement.
Sec. 2. For the purposes of the Kansas Indian child welfare act:
(a) "Active efforts" means and includes, but is not limited to:
(1) A concerted level of casework, both prior to and after the removal
of an Indian child, exceeding the level that is required under reasonable
efforts to preserve and reunify the family in a manner consistent with the
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prevailing social and cultural conditions and way of life of the Indian
child's tribe or tribes to the extent possible under the circumstances;
(2) a request to the Indian child's tribe or tribes and extended family
known to the secretary to convene traditional and customary support and
services;
(3) actively engaging, assisting, and monitoring the family's access to
and progress in culturally appropriate and available resources of the Indian
child's extended family members, tribal service area, Indian tribe or tribes
and individual Indian caregivers;
(4) identification and provision of information to the Indian child's
extended family members known to the secretary concerning appropriate
community, state and federal resources that may be able to offer housing,
financial and transportation assistance and actively assisting the family in
accessing such community, state and federal resources;
(5) identification of and attempts to engage tribally designated
Kansas Indian child welfare act representatives;
(6) consultation with extended family members known to the
secretary, or a tribally designated Kansas Indian child welfare act
representative if an extended family member cannot be located, to identify
family or tribal support services that could be provided by extended family
members or other tribal members if extended family members cannot be
located;
(7) exhaustion of all available tribally appropriate family preservation
alternatives; and
(8) when the secretary is involved in a proceeding under the act, the
secretary shall provide a written report of its attempt to provide active
efforts to the court at every hearing involving an Indian child. This report
shall be sent to the Indian child's tribe or tribes within three days after
being filed with the court and shall be deemed to be admissible evidence
of active efforts in proceedings conducted under the act.
(b) "Best interests of the Indian child" means and includes, but is not
limited to:
(1) Using practices in compliance with the federal Indian child
welfare act, the Kansas Indian child welfare act and other applicable laws
that are designed to prevent the Indian child's voluntary or involuntary out-
of-home placement; and
(2) whenever an out-of-home placement is necessary, placing the
child, to the greatest extent possible, in a family foster home, adoptive
placement or other type of custodial placement that reflects the unique
values of the Indian child's tribal culture and is best able to assist the child
in establishing, developing and maintaining a political, cultural and social
relationship with the Indian child's tribe or tribes and tribal community.
(c) "Child custody proceeding" means an action that involves the
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following:
(1) Removing an Indian child from the child's parent or Indian
custodian for temporary or emergency placement in a family foster home
or with a guardian or conservator if the parent or Indian custodian cannot
have the child returned upon demand and parental rights have not been
terminated;
(2) termination of parental rights;
(3) the temporary placement of an Indian child in a foster home or
institution after the termination of parental rights, but prior to or in lieu of
adoptive placement;
(4) the permanent placement of an Indian child for adoption,
including any action resulting in a final decree of adoption; and
(5) a non-court-involved proceeding in which the secretary is
facilitating a voluntary out-of-home placement or in-home services to
families at risk of entering the custody of the secretary. An Indian child,
parent or tribe involved in a voluntary out-of-home placement shall only
be provided protections as provided in sections 3(d), 4 and 6, and
amendments thereto. "Child custody proceeding" does not include a
placement based upon an act that, if committed by an adult, would be
deemed a crime, or, in a divorce proceeding, an award of custody to one of
the parents.
(d) "Secretary" means the secretary for children and families or the
secretary's designee.
(e) "Extended family member" means the same as defined in the law
or custom of the Indian child's primary tribe or, in the absence of such
laws or customs of the primary tribe, the law or custom of the Indian
child's other tribes. In the absence of such law or custom, "extended family
member" means a person who has reached 18 years of age and is the
Indian child's parent, grandparent, aunt or uncle, clan member, band
member, sibling, brother-in-law or sister-in-law, niece or nephew, cousin
or stepparent.
(f) "Indian" means any person having origins in the original peoples
of North America and who maintains cultural identification through tribal
affiliation or community recognition.
(g) "Indian child" means any unmarried person who is under 18 years
of age and is either:
(1) A member of an Indian tribe; or
(2) eligible for membership in an Indian tribe and is the biological
child of a member of an Indian tribe.
(h) "Indian child's primary tribe" means the primary tribe in the case
of an Indian child, if such child is a member or eligible for membership in
multiple tribes.
(i) "Indian child's tribe" means the Indian tribe or tribes in which an
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Indian child is a member or eligible for membership.
(j) "Indian custodian" means any Indian person who has legal custody
of an Indian child under tribal law or custom or under state law or to
whom temporary physical care, custody, and control has been transferred
by the parent of such child.
(k) "Indian organization" means any group, association, partnership,
limited liability company, corporation or other legal entity owned or
controlled by Indians or a majority of whose members are Indians.
(l) "Indian tribe" means any Indian tribe, band, nation or other
organized group or community of Indians recognized as eligible for the
services provided to Indians by the secretary of the United States
department of the interior because of their status as Indians, including any
Alaska native village as defined in 43 U.S.C. § 1602(c).
(m) "Parent" means any biological parent or parents of an Indian
child or any Indian person who has lawfully adopted an Indian child,
including adoptions under tribal law or custom. "Parent" does not include
the unwed father if paternity has not been acknowledged or established.
(n) "Qualified expert witness" means one of the following persons, in
descending order of priority, except that a court may assess the credibility
of individual witnesses:
(1) A member of the Indian child's tribe or tribes who is recognized
by the tribal community as knowledgeable in tribal customs as they pertain
to family and child-rearing practices;
(2) a member of another tribe who is recognized to be a qualified
expert witness by the Indian child's tribe or tribes based on such Indian
child's tribe or tribes knowledge of the delivery of child and family
services to Indians and the Indian child's tribe or tribes;
(3) a lay expert witness that possesses substantial experience in the
delivery of child and family services to Indian persons and extensive
knowledge of prevailing social and cultural standards and child-rearing
practices within the Indian child's tribe or tribes;
(4) a professional person having substantial education and experience
in the area of such professional's specialty who can demonstrate
knowledge of the prevailing social and cultural standards and child-rearing
practices within the Indian child's tribe or tribes; or
(5) any other professional person having substantial education in the
area of such person's specialty.
(o) "Reservation" means Indian country as defined in 18 U.S.C. §
1151 and any lands not covered under such section for which the title is
either held by the United States in trust for the benefit of any Indian tribe
or individual subject to a restriction by the United States against alienation
or a federally designated or established service area that means a
geographic area designated by the United States where federal services
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and benefits furnished to Indians and Indian tribes are provided or that is
otherwise designated to constitute an area on or near a reservation.
(p) "Tribal court" means a court with jurisdiction over child custody
proceedings that is either a court of Indian offenses or a court established
and operated under the code or custom of an Indian tribe or any other
administrative body of a tribe that has authority over child custody
proceedings.
(q) "Tribal service area" means a geographic area, as defined by the
applicable Indian tribe or tribes, wherein tribal services and programs are
provided to Indian persons, the Indian tribe that an Indian child is a
member or eligible for membership or, in the case of an Indian child who
is a member of or eligible for membership in more than one tribe, the
Indian tribe that the Indian child has more significant contacts.
Sec. 3. (a) An Indian tribe shall have exclusive jurisdiction over any
child custody proceeding involving an Indian child who resides or is
domiciled within the reservation of such tribe in this state, except when
such jurisdiction is otherwise vested in the state by existing federal law.
When an Indian child is a ward of a tribal court, the Indian tribe shall
retain exclusive jurisdiction, notwithstanding the residence or domicile of
the child.
(b) In any state court proceeding for the out-of-home placement of or
termination of parental rights to an Indian child not domiciled or residing
within the reservation of the Indian child's tribe, the state court, in the
absence of good cause to the contrary, shall transfer such proceeding to the
jurisdiction of the primary tribe, absent objection by either parent, upon
the petition of either parent or the Indian custodian or the Indian child's
tribe, except that such transfer shall be subject to declination by the tribal
court of the primary tribe.
(c) In any state court proceeding for the placement or termination of
parental rights to an Indian child, the Indian custodian of the child and the
Indian child's tribe or tribes shall have a right to intervene at any point in
the proceeding regardless of whether the intervening party is represented
by legal counsel. The Indian child's tribe or tribes and the tribe's counsel
may associate with local counsel. Such counsel shall not pay a fee to
appear pro hac vice in a child custody proceeding under the Kansas Indian
child welfare act. Representatives from the Indian child's tribe or tribes
have the right to fully participate in every court proceeding held under the
act.
(d) If the Indian child is eligible for membership or enrolled in
multiple Indian tribes and more than one Indian tribe intervenes in a state
court proceeding for the out-of-home placement of or termination of
parental rights to an Indian child, the Indian child's primary tribe shall be
determined in the following manner:
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(1) The applicable Indian tribes shall enter into a unanimous
agreement designating which Indian tribe is the Indian child's primary
tribe for the underlying state court proceeding within 30 days after
intervention by one or more additional Indian tribes and consultation, if
practicable, with the parents of the Indian child and the Indian child if such
child is 12 years of age or older; or
(2) if unanimous agreement is not possible within the 30-day period,
the state court in which the proceeding is pending shall determine the
Indian child's primary tribe based upon the amount and significance of the
contacts between each Indian tribe and the Indian child.
(e) The state of Kansas shall give full faith and credit to the public
acts, records and judicial proceedings of any Indian tribe applicable to
Indian child custody proceedings to the same extent that the state gives full
faith and credit to the public acts, records and judicial proceedings of any
other entity.
Sec. 4. (a) In any involuntary proceeding in a state court, when the
court knows or has reason to know that an Indian child is involved, the
party seeking the out-of-home placement of or termination of parental
rights to an Indian child shall send a notice pursuant to 25 C.F.R. § 23.11
to the parents, the Indian custodian and the Indian child's tribe or tribes, by
registered mail with return receipt requested, of the pending proceedings
and their right of intervention. If the identity or location of the parent or
Indian custodian and the tribe or tribes cannot be determined, such notice
shall be given to the secretary of the United States department of the
interior in a similar manner, who may provide the requisite notice to the
parent or Indian custodian and the tribe or tribes. No out-of-home
placement or termination of parental rights proceeding shall be held until
at least 10 days after receipt of notice by the parent or Indian custodian
and the tribe or tribes or the secretary of the United States department of
the interior. The parent or Indian custodian or the tribe or tribes shall, upon
request, be granted up to 20 additional days to prepare for such
proceeding.
(b) In any case in which the court determines the parent or Indian
custodian is indigent, such parent or custodian shall have the right to court-
appointed counsel in any removal, placement or termination proceeding.
The court may, in its discretion, appoint a guardian ad litem or counsel for
the child upon a finding that such appointment is in the best interests of the
Indian child. The court shall promptly notify the secretary of the United
States department of the interior upon appointment of counsel and request
from the secretary of the United States department of the interior, upon
certification of the presiding judge, payment of reasonable attorney fees.
(c) Each party to a out-of-home placement or termination of parental
rights proceeding under state law involving an Indian child shall have the
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right to examine all reports or other documents filed with the court upon
which any decision is based regarding such action.
(d) Any party seeking out-of-home placement or termination of
parental rights to an Indian child under state law shall report to the court
that active efforts have been made to provide remedial services and
rehabilitative programs designed to prevent the breakup of the Indian
family or unite the parent or Indian custodian with the Indian child, and
that such efforts have been determined unsuccessful. Any written evidence
showing that such active efforts have been made shall be admissible in a
proceeding under the Kansas Indian child welfare act. Prior to the court
ordering placement of the child in the custody of the secretary or
termination of parental rights, the court shall make a determination if
active efforts have been made or that the party seeking placement or
termination has demonstrated attempts at active efforts to the greatest
extent possible under the circumstances.
(e) The court shall not order out-of-home placement under this
section in the absence of a determination by the court, supported by clear
and convincing evidence, including testimony of qualified expert
witnesses, that the continued custody of the child by the parent or Indian
custodian is likely to result in serious emotional or physical damage to the
child.
(f) The court shall not order termination of parental rights under this
section in the absence of a determination by the court, supported by
evidence beyond a reasonable doubt, including testimony of qualified
expert witnesses, that the continued custody of the child by the parent or
Indian custodian is likely to result in serious emotional or physical damage
to the child.
Sec. 5. (a) Notice of an involuntary proceeding in state court
involving an Indian child shall conform with the requirements of 25 C.F.R.
§ 23.11 and contain the following information, if known, and if unknown,
a statement indicating what attempts have been made to locate the
information:
(1) The name and last known address of the Indian child;
(2) the name and address of the Indian child's parents, paternal and
maternal grandparents and Indian custodians, if any;
(3) the tribal affiliation of the parents of the Indian child or, if
applicable, the Indian custodians;
(4) a statement as to whether the Indian child's residence or domicile
is on the tribe's reservation;
(5) an identification of any tribal court order affecting the custody of
the Indian child so that a state court may be required to accord full faith
and credit; and
(6) a copy of the motion for out-of-home placement of the Indian
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child and any accompanying affidavits in support of such motion, if such
documents exist.
(b) A copy of the notice of an involuntary proceeding in state court
involving an Indian child, as described in subsection (a), shall be filed with
the court within three days after the date the notice was issued.
Sec. 6. (a) When any parent or Indian custodian voluntarily consents
to an out-of-home placement or relinquishment or termination of parental
rights, such consent shall not be valid unless executed in writing and
recorded before a judge of a court of competent jurisdiction and
accompanied by the presiding judge's certificate that such terms and
consequences of the consent were fully explained, in detail, and were fully
understood by the parent or Indian custodian. The court shall also certify
that either the parent or Indian custodian fully understood the explanation
in English or that it was translated to a language that the parent or Indian
custodian understood. Any consent given prior to, or within 10 days after,
the birth of the Indian child shall not be valid.
(b) When the secretary offers the parent, Indian child or Indian
custodian services through a voluntary out-of-home placement or in-home
services and the secretary knows or has reason to know that an Indian
child is involved, the secretary shall notify the parent or Indian custodian
and the Indian child's tribe or tribes by telephone call, fax, email or
registered mail, with return receipt requested, of the provision of services
and any pending child custody proceeding. If the identity or location of the
parent or Indian custodian and the tribe or tribes cannot be determined,
such notice shall be given to the secretary of the United States department
of the interior and the appropriate area director listed in 25 C.F.R. § 23.11
in a similar manner, who may provide the notice to the parent or Indian
custodian and the tribe or tribes. Such notice shall be provided within five
days after the initiation of voluntary services.
(c) When the secretary offers the parent or Indian custodian services
through a voluntary out-of-home placement or in-home services, the
parent or Indian custodian of the child and the Indian child's tribe or tribes
have a right to participate in, provide or consult with the secretary's
provision of services.
(d) When the secretary offers the parent or Indian custodian services
through a voluntary out-of-home placement or in-home services, the
secretary shall provide remedial services and rehabilitative programs
designed to prevent the breakup of the Indian family or unite the parent or
Indian custodian with the Indian child until these efforts have been
determined unsuccessful.
(e) Prior to any voluntary relinquishment or termination of parental
rights proceeding that the secretary is a party or was providing assistance
to a parent or Indian custodian, the secretary shall submit to the court the
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following information, in writing, if it has not previously been provided:
(1) The jurisdictional authority of the court in the proceeding;
(2) the date of the Indian child's birth and the date of any voluntary
consent to relinquishment or termination;
(3) the age of the Indian child at the time voluntary consent was
given;
(4) the date the parent appeared in court and was informed by the
judge of the terms and consequences of any voluntary consent to
relinquishment or termination;
(5) that the parent fully understood the explanation of such terms and
consequences in English or, when necessary, the explanation was
translated into a language that the parent understood and the parent fully
understood the explanation as it was translated;
(6) the name and address of any prospective adoptive parent whose
identity is known to the consenting parent;
(7) the promises, if any, made to the parent, as a condition of the
parent's consent, including promises regarding the tribal affiliation or
health, ethnic, religious, economic or other personal characteristics of any
adoptive family with that the child would be placed; and
(8) the details, if any, of an enforceable communication or contact
agreement.
(f) Any parent or Indian custodian may withdraw consent to a out-of-
home or voluntary out-of-home placement under state law at any time,
and, upon such withdrawal, the child shall be returned to the parent or
Indian custodian.
(g) In any voluntary proceedings for termination of parental rights to
or adoptive placement of an Indian child, the consent of the parent may be
withdrawn for any reason at any time prior to the entry of a final decree of
termination or adoption, and the secretary shall return the child to the
parent.
(h) After the entry of a final decree of adoption of an Indian child, the
parent may withdraw consent of such adoption if the consent was obtained
through fraud or duress and petition the court to vacate such decree. Upon
a finding that such consent was obtained through fraud or duress, the court
shall vacate such decree and return the child to the parent. No adoption
that has been effective for at least two years may be invalidated under the
provisions of this subsection unless otherwise permitted under state law.
Sec. 7. Any Indian child who is the subject of any proceeding for out-
of-home placement or termination of parental rights under state law, any
parent or Indian custodian from whose custody such child was removed
and the Indian child's primary tribe may petition to invalidate such action
upon a showing that such action violated any provision of sections 3
through 6, and amendments thereto.
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Sec. 8. (a) In any adoptive placement of an Indian child under state
law, preference shall be given, in the absence of good cause to the
contrary, to placement with the following, in descending order of priority:
(1) A member of the Indian child's extended family;
(2) other members of the Indian child's tribe or tribes;
(3) other Indian families; or
(4) a non-Indian family committed to enabling the child to have time
with such child's extended family and participation in the cultural and
ceremonial events of the Indian child's tribe or tribes.
(b) Any Indian child accepted for out-of-home or preadoptive
placement or a voluntary out-of-home placement shall be placed in the
least restrictive setting with a family that meets, if any, such child's special
needs. The child shall be placed within reasonable proximity to such
child's home, taking into account any special needs of the child. In any
out-of-home or preadoptive placement, a preference shall be given, in the
absence of good cause to the contrary, to a placement with one of the
following, in descending order of priority:
(1) A member of the Indian child's extended family;
(2) other members of the Indian child's tribe or tribes;
(3) a foster home that is licensed, approved or specified by the Indian
child's tribe or tribes;
(4) an Indian foster home that is licensed or approved by an
authorized non-Indian licensing authority;
(5) a non-Indian family that is committed to enabling the child to
have time with such child's extended family and participation in the
cultural and ceremonial events of the Indian child's tribe or tribes;
(6) an Indian facility or program for children that is approved by an
Indian tribe or operated by an Indian organization and that has a program
suitable to meet the Indian child's needs; or
(7) non-Indian facility or program for children that is approved by an
Indian tribe.
(c) In the case of a placement under subsection (a) or (b), if the Indian
child's primary tribe establishes a different order of preference by
resolution or in the absence of such resolution, the agency or court
deciding the placement shall follow such order of preference if the
placement is the least restrictive setting appropriate to the particular needs
of the child, as provided in subsection (b). When appropriate, the
preference of the Indian child or parent shall be considered, except when a
consenting parent would like to be anonymous, in which case, the court or
agency shall give weight to such preferences of the parent.
(d) The standards to be applied in meeting the preference
requirements of this section shall be the prevailing social and cultural
standards of the Indian community wherein the parent or extended family
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resides or with which the parent or extended family members maintain
social and cultural ties. Good cause to deviate from the placement
preferences in subsections (a) through (c) includes:
(1) The request of the biological parents of the Indian child or the
Indian child when the child has reached 12 years of age;
(2) any extra physical or emotional needs of the Indian child as
established by testimony of a qualified expert witness; or
(3) the unavailability of suitable families for placement after a
diligent search has been completed for families meeting the preference
criteria.
(e) The burden of establishing good cause to deviate from the
placement preferences shall be by clear and convincing evidence on the
party urging such deviation from preferences.
(f) A record of each such placement of an Indian child shall be
maintained by the secretary evidencing the efforts to comply with the
preferences specified in this section. Such record shall be made available
at any time upon the request of the secretary or the Indian child's tribe or
tribes.
Sec. 9. (a) Notwithstanding any other state law to the contrary,
whenever a final decree of adoption of an Indian child has been vacated or
set aside or the adoptive parents voluntarily consent to the termination of
their parental rights to the child, a biological parent or prior Indian
custodian may petition for return of custody of the Indian child, and the
court shall grant such petition unless the court determines that such return
of custody is not in the best interests of the Indian child.
(b) Whenever an Indian child is removed from an out-of-home
placement for the purpose of another placement, preadoptive or adoptive
placement, such placement shall be in accordance with the Kansas Indian
child welfare act, except when the Indian child is being returned to the
parent or Indian custodian from whose custody the child was originally
removed.
Sec. 10. Upon application by an Indian person who has reached 18
years of age and was the subject of an adoptive placement, the court that
entered the final decree shall inform such individual of the tribal
affiliation, if any, of the person's biological parents and provide other
information as may be necessary to protect any rights flowing from the
person's tribal relationship.
Sec. 11. (a) The secretary is authorized to enter into agreements
with Indian tribes respecting care and custody of Indian children as well as
jurisdiction over child custody proceedings, including agreements that may
provide for the orderly transfer of jurisdiction on a case-by-case basis and
agreements that provide for concurrent jurisdiction between the secretary
and Indian tribes.
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(b) Such agreements may be revoked by either party after 180 days
from when the other party received such written notice. Such revocation
shall not affect any action or proceeding over which a court has already
assumed jurisdiction, unless the agreement provides otherwise.
Sec. 12. When the secretary in an Indian child custody proceeding
before a state court has improperly removed the child from the custody of
the parent or Indian custodian or has improperly retained custody after a
visit or other temporary relinquishment of custody, the court shall decline
jurisdiction over such petition and return the child to the child's parent or
Indian custodian unless returning the child to the child's parent or
custodian would subject the child to a substantial and immediate danger or
threat of such danger.
Sec. 13. In any case when federal law applicable to a child custody
proceeding provides a higher standard of protection to the rights of the
parent or Indian custodian of an Indian child than the rights provided
under the Kansas Indian child welfare act, the court shall apply the federal
standard.
Sec. 14. (a) Nothing in the Kansas Indian child welfare act shall be
construed to prevent the emergency removal of an Indian child who is a
resident of or is domiciled on a reservation but who is temporarily located
off the reservation from the child's parent or Indian custodian or the
emergency placement of such child in an out-of-home placement, under
applicable state law, in order to prevent imminent physical damage or
harm to the child. The secretary or law enforcement agency involved shall
ensure that such emergency removal or placement terminates immediately
when such removal or placement is no longer necessary to prevent
imminent physical damage or harm to the child and expeditiously initiate a
child custody proceeding subject to the provisions of the Kansas Indian
child welfare act, transfer the child to the jurisdiction of the appropriate
Indian tribe or tribes or restore the child to the parent or Indian custodian,
as may be appropriate.
(b) During the course of each report received by the secretary, the
secretary shall inquire as to whether the person reporting abuse or neglect
believes one of the parties involved may be an Indian child or Indian
person. If the secretary has any reason to believe that an Indian child or
Indian person is involved in the report, the secretary shall immediately
document the information.
Sec. 15. No provision of the Kansas Indian child welfare act, except
section 3(a) and section 12, and amendments thereto, shall affect a
proceeding under state law for out-of-home placement, termination of
parental rights, preadoptive placement or adoptive placement that was
initiated or completed prior to 180 days after November 8, 1978. All
provisions of the Kansas Indian child welfare act shall apply to any
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proceeding affecting the custody or placement of the same child
subsequent to November 8, 1978.
Sec. 16. (a) Any state court entering a final decree or order in any
Indian child adoptive placement after September 6, 1985, shall provide the
secretary of the United States department of the interior with a copy of
such decree or order together with:
(1) The name and tribal affiliation of the child;
(2) the names and addresses of the child's biological parents;
(3) the names and addresses of the adoptive parents; and
(4) the identity of any agency having records or information relating
to such adoptive placement.
(b) When the court records contain an affidavit of the biological
parent or parents that requires their identity remain confidential, the court
shall include such affidavit with the other information.
Sec. 17. The secretary, in consultation with Indian tribes, shall adopt
and promulgate rules and regulations to establish standards and procedures
for the secretary's review of cases subject to the Kansas Indian child
welfare act and methods for monitoring the secretary's compliance with
the federal Indian child welfare act and the Kansas Indian child welfare
act. The standards and procedures and monitoring methods shall be
integrated into the secretary's structure and plan for the federal
government's child and family service review process and any program
improvement plan resulting from that process.
Sec. 18. This act shall take effect and be in force from and after its
publication in the statute book.
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