Montana’s legislative session continues chugging along, and in the House, a bipartisan group is championing a bill they say would keep Native families together.
House Bill 317, introduced by 25 Democrats and one Republican, would establish the Montana Indian Child Welfare Act.
With many worried the U.S. Supreme Court could gut the national Indian Child Welfare Act when they rule on Brackeen v. Haaland later this year, there is a sense of urgency to pass a Montana version, with proponents in a House Human Services Committee hearing on Wednesday saying it will make sure Native children are raised by Native parents, adding that it would address what they see as flaws in the current foster care system that leads to a bias against Natives.
“It’s time to wake up and move forward here, because for too long, a lot of our kids have been lost in one system or another, whether it be this system or residential schools or whatever,” said State Rep. Jonathan Windy Boy (D-Box Elder), the bill’s sponsor.
“Native communities, their families, that’s the basis for their identity. Separating that through any type of state or governmental system creates the roots of the cause of problems within our society collectively,” said Dawn Gray, managing attorney for the Blackfeet Tribe.
All Montana Tribal nations voiced support for the bill.
The only opponent was the State Bar. A representative for the State Bar said there is one slight technicality with the bill that makes it unconstitutional, and they are willing to work with the sponsor to fix the problem.
“As you gavel down here, this is now in your possession, and you guys can amend the heck out of it the way you want. And I’m friendly with it,” said Windy Boy in jest at the close of the hearing. “You guys know I like to joke and laugh.”