In a nutshell

Three decades after the passage of a federal law to protect American Indian families in child custody cases, the state's tribal children still are placed in foster care at twice the rate of non-Indian children, according to state figures.

A bill before the Legislature seeks to change that by giving county social workers and judges guidance in following the 1978 federal Indian Child Welfare Act. That federal legislation aimed to overturn a long and painful history in which Indian children were separated by white authorities from their loved ones, language and culture.

The case for

The proposal, which has broad support among the state's tribes and bipartisan support from lawmakers, would require county workers to notify tribal governments about child custody cases involving their members or eligible nonmembers to give the tribe a chance to move the case to tribal court or intervene in state court.

Under the bill, the presumption would be for such cases to go to tribal court if the tribe makes the request and, in cases where a child is taken from the home, for the child to be placed with relatives or other tribal members if possible.

The case against

The children and law section of the State Bar supports the effort to clarify and enforce the federal law but is concerned that the state bill limits judges' discretion in two ways, said Madison attorney Ginger Murray, past chairwoman of the section.

The first is that the bill requires testimony from an expert witness with specific qualifications and knowledge of tribal parenting practices before a child can be removed from an Indian family.

Murray, who has worked cases involving tribal families, said judges should have more discretion on whether an expert witness is qualified.

The second concern is that under the bill, tribes could intervene very late in a custody case when it is practically finished, she said. Kris Goodwill, an attorney with the Ho-Chunk Nation Department of Justice, said in some cases, tribes do so because they didn't receive early notification about the case.

To get involved

Companion bills have been referred to the Assembly and Senate committees on children and families, where they are awaiting votes. Sen. Bob Jauch, D-Poplar, the bill's author, can be contacted at 608-266-3510 or Sen.Jauch@legis.wisconsin.gov and Assembly committee chair Tamara Grigsby can be contacted at 608-266-0645 or Rep.Grigsby@legis.wisconsin.gov.

To contact your lawmaker, call 800-362-9472. To send an e-mail, visit www.legis.state.wi.us, select Senate or Assembly and follow the link to the e-mail directory. -

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