South Dakota House Bill HB1168

South Dakota 2023 Regular Session

• Introduced: 1/26/23
• Refer: 1/26/23
• Report Pass: 2/3/23
• Report Pass: 2/6/23

Caption

Require active efforts to preserve and reunite Indian families in abuse and neglect proceedings.

Impact

The introduction of HB1168 represents a significant shift in how child welfare cases are handled for Indian families in South Dakota. By setting a standard of 'active efforts'—which is defined as affirmative, thorough, and timely efforts consistent with the cultural context of the Indian child's tribe—the bill not only aims to reduce the fractures caused by family separations but also promotes a greater sense of community responsibility and cultural preservation. This is particularly vital given the historical context of the treatment of Native American families within the child welfare system.

Summary

House Bill 1168 is aimed at improving the welfare of Indian children by mandating that the Department of Social Services (DSS) make 'active efforts' to preserve and reunite Indian families during abuse and neglect proceedings. The bill ensures that in any situation involving a child who is a member or eligible for membership in an Indian tribe, DSS is required to prevent child removal from their home, facilitate a return to their family, or avoid termination of parental rights. This legislation underscores the importance of remaining connected to cultural roots and family structures, particularly for Indian children.

Contention

During discussions about HB1168, proponents emphasized the necessity of cultural sensitivity and the need to rectify past injustices faced by Indian families under state welfare systems. These proponents argue that the bill is crucial for protecting the fundamental rights of Indian children and families. However, there may be concerns from parties who criticize the additional burdens placed on DSS and worry about the feasibility of implementing such 'active efforts' consistently. Lawmakers and stakeholders might debate the potential challenges in aligning the bill's requirements with existing infrastructure and resources in the child welfare sector.