A BILL TO BE ENTITLED
AN ACT to study how the traditional native american culture, customs, and traditions of state indian tribe children can be protected when the children are involved in custody, adoption, and other proceedings in state courts.
Whereas, over the years, a number of federal policies impacting Native Americans have had a devastating effect on the preservation of the Indian family; and
Whereas, these policies caused reservation communities to be broken apart and forced Native American families away from the reservations into urban areas, isolating them from their community and extended families, who often served as a source of support; and
Whereas, based on nationwide studies conducted between 1969 and 1974, 25% to 35% of Indian children were removed from their homes and placed in non‑Indian foster and adoptive homes by state courts and welfare agencies; and
Whereas, in 1978, the United States Congress heeded the call of the great Lakota leader, Sitting Bull, by passing the Indian Child Welfare Act, commonly known as ICWA; and
Whereas, ICWA is viewed as a requisite to eliminating the practice of state entities that tended to remove an inordinately large number of Native American children from their homes without full appreciation of traditional Native American culture, customs, and child‑rearing practices; and
Whereas, North Carolina has many State‑recognized Indian tribes whose child members are not protected by the provisions of the ICWA  solely because the tribes have not received federal recognition; Now, therefore,
The General Assembly of North Carolina enacts:
SECTION 1.  There is created the House Select Committee on the Preservation of Culture and Customs of Indian Children.  The Committee shall consist of nine members appointed as follows:
(1)	Six members from the House of Representatives, one of which shall be a Native American, to be appointed by the Speaker of the House of Representatives.
(2)	One member from the State Commission on Indian Affairs, to be appointed by the Executive Director of the Commission.
(3)	One member from the Child Welfare Division, Department of Health and Human Services, to be appointed by the Secretary of the Department.
(4)	One member to be selected by the American Indian Mothers, Inc.
The Speaker of the House of Representatives shall designate one representative as Chair. Vacancies of the Committee shall be filled by the same appointing authority that made the initial appointment. The Committee shall meet on the call of the Chair. A quorum of the Committee shall be a majority of its members.
SECTION 2.  The Committee shall examine any issues or matters which would impact on the preservation of the customs and culture of Indian children who are not covered under the ICWA, and who are the subject of legal proceedings in State courts, including, but not limited, to adoption, custody, and visitation.  The House Select Committee may study:
(1)	Current State laws applicable to family‑related legal proceedings and their impact on retention of the cultural heritage of child members of Indian tribes.
(2)	Guidelines for local departments of social service agencies that would implement the same or similar policies and practices that are applicable to Indian children under federal law.
(3)	The creation of a State council or commission, to include members of Indian tribes, State and local social services agencies, the judiciary, and other appropriate officials to recommend policies and procedures to the General Assembly.
(4)	Any other matter that is relevant to promoting the preservation of the customs and culture of Indian children who are the subject of legal proceedings in State courts.
SECTION 3.  While in the discharge of its official duties, the Committee may exercise all powers provided for under G.S. 120‑19 and G.S. 120‑19.1 through G.S. 120‑19.4. Members of the Committee shall receive per diem, subsistence, and travel allowance as provided in G.S. 120‑3.1, 138‑5, or 138‑6, as appropriate. With the prior approval of the Legislative Services Commission, the Legislative Services Officer shall assign professional and clerical staff to assist the Committee in its work. The House of Representatives shall assign clerical staff to the Committee. The Committee may contract for professional, clerical, or consultant services as provided by G.S. 120‑32.02.  The Committee may meet in the Legislative Building or Legislative Office Building and may meet at various locations around the State in order to promote greater public participation in its deliberations.
SECTION 4.  The Committee shall submit a final report to the 2010 Regular Session of the 2009 General Assembly and may submit interim reports as it deems necessary. The Committee shall terminate upon filing its final report or upon the convening of the 2010 Regular Session of the 2009 General Assembly, whichever comes first.
SECTION 5.  This act is effective when it becomes law.