Indian child welfare act-safe haven amendments.

Plain English Breakdown

The bill summary and official text do not specify how safe haven providers should ask about tribal affiliation or ancestry.

Amendments to Safe Haven Statutes for Indian Child Welfare

This law changes Wyoming's safe haven statutes by requiring providers to ask about a newborn child’s tribal affiliation or Native American ancestry and mandates compliance with the Wyoming Indian Child Welfare Act when placing an Indian child.

What This Bill Does

• Requires safe haven providers to ask parents or their designees if the newborn has any tribal affiliation or Native American ancestry.
• Mandates that courts and parties involved must follow the Wyoming Indian Child Welfare Act when determining the placement of a child who is an Indian child as defined by W.S. 14-6-702(a)(iv).
• Requires the Department of Family Services to create rules for implementing these changes by July 1, 2024.

Who It Names or Affects

• Parents or their designees who relinquish newborns at safe haven locations.
• Safe haven providers such as hospitals and other designated facilities.
• Courts involved in child placement decisions.
• The Department of Family Services responsible for rulemaking.

Terms To Know

Indian Child Welfare Act

A federal law that sets standards for the removal, placement, and care of Native American children who are part of a tribe or eligible for tribal membership.

Safe Haven Statutes

Laws allowing parents to safely relinquish newborns without fear of prosecution if certain conditions are met.

Limits and Unknowns

• The bill does not specify the exact details of how safe haven providers should ask about tribal affiliation or ancestry.
• It is unclear what specific rules will be created by the Department of Family Services for implementation.

Official Summary Text

Bill Summary - 24LSO-0281

Bill No.:

SF0018

Effective:

Multiple Dates

LSO No.:

24LSO-0281

Enrolled Act No.:

SEA No. 0026

Chapter No.:

57

Prime Sponsor:

Select Committee on Tribal Relations

Catch Title:

Indian child welfare act-safe haven amendments.

Has Report:

No

Subject:

Indian Child Welfare Act and safe haven statutes.

Summary/Major Elements:

Wyoming’s safe haven statutes allow a parent or parent's designee to relinquish a newborn child to the custody of the state.

This bill amends the safe haven statutes to require that a safe haven provider ask a parent or parent's designee whether the newborn child has any tribal affiliation or Native American ancestry and request relevant information to determine the child's tribe. The bill further requires courts and any applicable parties to comply with the Wyoming Indian Child Welfare Act when determining the placement of a child.

The above summary is not an official publication of the Wyoming Legislature and is not an official statement of legislative intent.

While the Legislative Service Office endeavored to provide accurate information in this summary, it should not be relied upon as a comprehensive abstract of the bill.

Current Bill Text

24LSO-0281

ORIGINAL Senate

ENGROSSED
File No
.
SF0018

ENROLLED ACT NO. 26,

SENATE

SIXTY-SEVENTH LEGISLATURE OF THE STATE OF WYOMING
2024 Budget Session

AN ACT relating to children; amending the safe haven statutes to require compliance with the Wyoming Indian Child Welfare Act as specified; requiring rulemaking; and providing for effective dates.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1
.

W.S. 14
‑
11
‑
103(d) and 14
‑
11
‑
105 by creating a new subsection (d) are amended to read:

14
‑
11
‑
103.

Relinquishment of a newborn child.

(d)

The parent or parent's designee may provide information regarding the parent and newborn child's medical histories, and identifying information regarding the nonrelinquishing parent of the child
.
, but

T
he safe haven provider
may
shall, after informing the parent or the parent's designee that no information is required to be given, ask the parent or the parent's designee whether the child has any tribal affiliation or Native American ancestry, and request relevant information to determine the child's tribe. The safe haven provider shall
not require that any information be given or the person relinquishing
expresses
express
an intent for return of the child.

14
‑
11
‑
105.

Child placement; termination of parental rights.

(d)

If the child is an Indian child as defined by W.S. 14
‑
6
‑
702(a)(iv), the court and all parties shall comply with the Wyoming Indian Child Welfare Act and the department shall serve the petition as required by W.S. 14
‑
6
‑
704.

Section 2.

The department of family services shall promulgate any rules necessary to implement this act not later than July 1, 2024.

Section 3.

(a)

Except as otherwise provided by subsection (b) of this section, this act is effective July 1, 2024.

(b)

Sections 2 and 3 of this act are effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the Senate.

Chief Clerk

1