,,ib ,union ,calendar ,no4 #ecj #aacth ,,congress #b;d ,session ,h4 ,r4 #decd ,report ,no4 #aac-fii ,,in ,,the ,,house ,,of ,,representatives ,april #cj1 #bjad ,mr4 ,cramer introduced the following bill2 which was referred to the ,committee on ,natural ,resources ,december #bb1 #bjad ,reported with an amendment1 committed to the ,committee of the ,whole ,house on the ,state of the ,union1 and ordered to be printed ,strike out all after the enacting clause and insert the part printed in italic ,for text of introduced bill1 see copy of bill as introduced on ,april #cj1 #bjad ,a ,,bill ,to amend the ,indian ,child ,protection and ,family ,violence ,prevention ,act to require background checks before foster care placements are ordered in tribal court proceedings1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,native ,american ,children's ,safety ,act4 #b4 ,criminal records checks ,section #djh of the ,indian ,child ,protection and ,family ,violence ,prevention ,act 7#be ,u4,s4,c4 #cbjg7 is amended by adding at the end the following3 7d7 ,by tribal social services agency for foster care placements in tribal court proceedings 7#a7 ,definitions ,in this subsection3 7,a7 ,covered individual ,the term covered individual includes-- 7i7 any individual #ah years of age or older2 and 7ii7 any individual who an ,indian tribe described in paragraph 7#b77;,a7 determines is subject to a criminal records checks under that paragraph4 7,b7 ,foster care placement ,the term foster care placement means any action removing an ,indian child from a parent or ,indian custodian for temporary placement in a foster home or institution or the home of a guardian or conservator if-- 7i7 the parent or ,indian custodian cannot have the child returned on demand2 and 7ii7 parental rights have not been terminated4 7,c7 ,indian custodian ,the term ,indian custodian means any ,indian-- 7i7 who has legal custody of an ,indian child under tribal law or custom or under ,state law2 or 7ii7 to whom temporary physical care1 custody1 and control has been transferred by the parent of the child4 7,d7 ,parent ,the term parent means-- 7i7 any biological parent of an ,indian child2 or 7ii7 any ,indian who has lawfully adopted an ,indian child1 including adoptions under tribal law or custom4 7,e7 ,tribal court ,the term tribal court means a court-- 7i7 with jurisdiction over foster care placements2 and 7ii7 that is-- 7,i7 a ,court of ,indian ,offenses2 7,,ii7 a court established and operated under the code or custom of an ,indian tribe2 or 7,,iii7 any other administrative body of a tribe that is vested with authority over foster care placements4 7,f7 ,tribal social services agency ,the term tribal social services agency means the agency of the ,federal ,government or of an ,indian tribe described in paragraph 7#b77;,a7 that has the primary responsibility for carrying out foster care services or approval 7as of the date on which the proceeding described in paragraph 7#b77;,a7 commences7 of the ,indian tribe4 7#b7 ,criminal records checks before placement 7,a7 ,in general ,except as provided in paragraph 7#c71 no foster care placement shall be finally approved until the tribal social services agency-- 7i7 completes a criminal records check of each covered individual who resides in the household or is employed at the institution in which the foster care placement will be made2 and 7ii7 concludes that each covered individual described in clause 7i7 meets such standards as the ,indian tribe shall establish in accordance with subparagraph 7,b74 7,b7 ,standards of placement ,the standards described in subparagraph 7,a77ii7 shall include-- 7i7 requirements that each tribal social services agency described in subparagraph 7,a7-- 7,i7 perform criminal records checks1 including fingerprint-based checks of national crime information databases 7as defined in section #ecd7;f77#c7 of title #bh1 ,united ,states ,code72 and 7,,ii7 check any child abuse and neglect registry maintained by the ,state1 and tribal abuse registries if they exist1 in which the covered individual resides for information on the covered individual1 and request any other ,state in which the covered individual resided in the preceding #e years1 to enable the tribal social services agency to check any child abuse and neglect registry maintained by that ,state for such information2 and 7ii7 any other additional requirement that the ,indian tribe determines is necessary4 7,c7 ,results ,except as provided in paragraph 7#c71 no foster care placement shall be ordered in any proceeding described in subparagraph 7,a7 if an investigation described in clause 7i7 of that subparagraph reveals that a covered individual described in that clause has been found by a ,federal1 ,state1 or tribal court to have committed any crime listed in clause 7i7 or 7ii7 of section #dga7;a77#bj77;,a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #fga7;a77#bj77;,a774 7,d7 ,deadline ,except as provided in paragraph 7#c71 the tribal social services agency shall satisfy the requirements of clauses 7i7 and 7ii7 of subparagraph 7,a7 before issuing a final foster care license4 7#c7 ,emergency placement ,paragraph 7#b7 shall not apply to an emergency foster care placement1 as determined by ,tribal ,social ,services ,agency described in paragraph 7#b77;,a74 7#d7 ,recertification of foster homes or institutions 7,a7 ,in general ,not later than #b years after the date of enactment of this subsection1 each ,indian tribe shall establish procedures to recertify homes or institutions in which foster care placements are made4 7,b7 ,contents ,the procedures described in subparagraph 7,a7 shall include1 at a minimum1 periodic intervals at which the home or institution shall be subject to recertification to ensure-- 7i7 the safety of the home or institution for the ,indian child2 and 7ii7 that each covered individual who resides in the home or is employed at the institution is subject to a criminal records check in accordance with this subsection1 including any covered individual who-- 7,i7 resides in the home or is employed at the institution on the date on which the procedures established under subparagraph 7,a7 commences2 and 7,,ii7 did not reside in the home or was not employed at the institution on the date on which the investigation described in paragraph 7#b77;,a77i7 was completed4 7,c7 ,guidance issued by the ,secretary ,the procedures established under subparagraph 7,a7 shall be subject to any regulation promulgated or guidance issued by the ,secretary that is in accordance with the purpose of this subsection4 7#e7 ,guidance ,not later than #a year after the date of enactment of this subsection and after consultation with ,indian tribes1 the ,secretary shall promulgate guidance regarding-- 7,a7 procedures for a criminal records check of any covered individual who-- 7i7 resides in the home or is employed at the institution in which the foster care placement is made after the date on which the investigation described in paragraph 7#b77;,a77i7 is completed2 and 7ii7 was not the subject of an investigation described in paragraph 7#b77;,a77i7 before the foster care placement was made2 7,b7 self-reporting requirements for foster care homes or institutions in which any covered individual described in subparagraph 7,a7 resides if the head of the household or the operator of the institution has knowledge that the covered individual-- 7i7 has been found by a ,federal1 ,state1 or tribal court to have committed any crime listed in clause 7i7 or 7ii7 of section #dga7;a77#bj77;,a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #fga7;a77#bj77;,a772 or 7ii7 is listed on a registry described in paragraph 7#b77;,b77i77,,ii72 7,c7 procedures and guidelines for emergency foster care placements under paragraph 7#c72 and 7,d7 procedures for certifying compliance with this ,act4 4 ,december #bb1 #bjad ,reported with an amendment1 committed to the ,committee of the ,whole ,house on the ,state of the ,union1 and ordered to be printed