Senate Passes Luján-Collins Bill to Protect Native American Children

Bipartisan Bill Now Heads to President’s Desk

Washington, D.C. – Yesterday, the U.S. Senate passed the Native American Child Protection Act (NACPA), legislation introduced by U.S. Senators Ben Ray Luján (D-N.M.) and Susan Collins (R-Maine). The bill reauthorizes and reforms three programs that ensure Tribes have the tools needed to treat, prevent, investigate, and prosecute Native American child abuse and neglect. U.S. Representative Ruben Gallego (D-Ariz.) introduced the House companion bill.

These programs were originally authorized in 1990 as part of the Indian Child Protection and Family Violence Prevention Act to fill funding gaps in Tribal child welfare services, but the programs were never truly funded and have not been reauthorized by Congress.

“I’m proud that Congress has passed the Native American Child Protection Act with bipartisan support and now this legislation will go to President Biden’s desk to be signed into law. Given the painful history of Native American children being removed from their families, this legislation will help Tribes provide services that reduce trauma and uncertainty for children,” said Senator Luján, a member of the Senate Indian Affairs Committee. “This is an important step toward justice and protecting our most vulnerable of children.”

“No matter where a child grows up in the United States, they deserve to live in an environment free from abuse. The Native American Child Protection Act reauthorizes and modernizes programs that aim to assist tribes in their efforts to help victims of child abuse and prevent future abuse,” said Senator Collins. “This bill recognizes the significance of each tribe’s unique cultural values, customs, and traditions, while helping to ensure that children and families receive the support they deserve.”

“It is a heartbreaking fact that Native children face disproportionately high levels of abuse. It is past time the federal government steps up to address this crisis,” said Rep. Gallego. “John McCain first led this effort when he was in the Senate, and it has been an honor to carry the torch across the finish line. I can imagine no better way to celebrate my last week in the House than to see this legislation signed into law.”

To ensure Tribes have adequate resources to effectively prevent and respond to child abuse and neglect in their communities, the NACPA:

• Establishes a single National Indian Child Resource and Family Services Center to provide Tribes with technical assistance and training on addressing child abuse, family violence, and child neglect. It will also improve intergovernmental coordination between federal and Tribal personnel responding to these issues;
• Reauthorizes the competitive Indian Child Abuse Treatment Grant Program to establish treatment programs and culturally appropriate services for the victims of child abuse and neglect in Indian Country; and
• Reauthorizes formula grants to Tribes under the Indian Child Protection and Family Violence Prevention Program for child abuse prevention and investigation.

To this day, these grants are still the only Tribal-specific child abuse prevention and treatment programs for Native children. Yet Congress has only appropriated $5 million since enactment in 1990. Reauthorizing and modernizing these critical programs will help Tribes develop and strengthen services to reduce trauma and uncertainty for Native American children. 

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