December 18, 2024

Gallego Bill to Protect Native Children Passes Senate; Likely to Become Law

WASHINGTON – Last night, the U.S. Senate passed Rep. Ruben Gallego’s (AZ-03) Native American Child Protection Act (NACPA), bipartisan legislation to ensure Tribes have the tools they need to treat, prevent, investigate, and prosecute instances of family violence, child abuse, and child neglect involving Native American children and families. The legislation passed the House of Representatives last year and is now headed to the President’s desk. 

“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, a former Chair of the Subcommittee for Indigenous Peoples. “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 few weeks in the House than to see this legislation signed into law.”

The programs revised by this bill were originally established in 1990, passed as part of then-Senator John McCain's Indian Child Protection and Family Violence Prevention Act. The programs were never fully funded and have not been reauthorized by Congress.

NACPA will protect Native children through several provisions. The bill:

  • Creates a National Indian Child Resource and Family Services Center that will provide technical assistance and training to Tribes, Tribal organizations, and urban Indian organizations.
  • Requires the development of model intergovernmental agreements between Tribes and states to prevent, investigate, treat, and prosecute family violence.
  • Revises the Indian Child Protection and Family Violence Prevention Program to allow funding to be used for additional activities such as operational costs for child protective services.
  • Includes urban Indian organizations as eligible entities and encourages culturally appropriate treatment services and programs.

The bill was introduced by Senators Ben Ray Luján (D-NM) and Susan Collins (R-ME) in the Senate.

“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.”