Bill Text: NC H680 | 2011-2012 | Regular Session | Amended


Bill Title: Study/American Indian Child Welfare Act

Spectrum: Strong Partisan Bill (Democrat 16-1)

Status: (Introduced - Dead) 2011-04-07 - Ref To Com On Rules, Calendar, and Operations of the House [H680 Detail]

Download: North_Carolina-2011-H680-Amended.html

GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2011

H                                                                                                                                                    1

HOUSE RESOLUTION 680

 

 

 

Sponsors:

Representatives Graham and Pierce (Primary Sponsors).

For a complete list of Sponsors, see Bill Information on the NCGA Web Site.

Referred to:

Rules, Calendar, and Operations of the House.

April 7, 2011

A HOUSE RESOLUTION reestablishing the house study committee to preserve the culture and customs of indian children to further study issues or matters impacting the preservation of customs and culture of indian children.

Be it resolved by the House of Representatives:

SECTION 1.  The House Select Committee on the Preservation of Culture and Customs of Indian Children, authorized by Section 2.12 of S.L. 2009‑574, is reestablished.  The Committee shall consist of nine members appointed by the Speaker of the House of Representatives as follows:

(1)        Four members from the House of Representatives, one of which shall be a Native American.

(2)        One member from the State Commission on Indian Affairs.

(3)        One member from the Child Welfare Services Section of the Division of Social Services, Department of Health and Human Services.

(4)        One member to be selected by the American Indian Mothers, Inc.

(5)        One member from the Cherokee tribe.

(6)        One member from a State‑recognized tribe.

The Speaker of the House of Representatives shall designate one representative as chair. Vacancies of the Committee shall be filled by the same appointing authority that made the initial appointment. The Committee shall meet on the call of the chair. A quorum of the Committee shall be a majority of its members.

SECTION 2.  The Committee shall examine any issues or matters which would impact the preservation of the customs and culture of Indian children who are not covered under the ICWA and who are the subject of legal proceedings in State courts, including, but not limited, to adoption, custody, and visitation.  The House Select Committee may continue to study the following:

(1)        Current State laws applicable to family‑related legal proceedings and their impact on retention of the cultural heritage of child members of Indian tribes.

(2)        Guidelines for local departments of social service agencies that would implement the same or similar policies and practices that are applicable to Indian children under federal law.

(3)        The creation of a State council or commission, to include members of Indian tribes, State and local social services agencies, the judiciary, and other appropriate officials to recommend policies and procedures to the General Assembly.

(4)        Any other matter that is relevant to promoting the preservation of the customs and culture of Indian children who are the subject of legal proceedings in State courts.

SECTION 3.  While in the discharge of its official duties, the Committee may exercise all powers provided for under G.S. 120‑19 and G.S. 120‑19.1 through G.S. 120‑19.4. Members of the Committee shall receive per diem, subsistence, and travel allowance as provided in G.S. 120‑3.1, 138‑5, or 138‑6, as appropriate. With the prior approval of the Legislative Services Commission, the Legislative Services Officer shall assign professional and clerical staff to assist the Committee in its work. The House of Representatives shall assign clerical staff to the Committee. The Committee may contract for professional, clerical, or consultant services as provided by G.S. 120‑32.02.  The Committee may meet in the Legislative Building or Legislative Office Building and may meet at various locations around the State in order to promote greater public participation in its deliberations.

SECTION 4.  The Committee shall submit a final report to the 2012 Regular Session of the 2011 General Assembly and may submit interim reports as it deems necessary. The Committee shall terminate upon filing its final report or upon the convening of the 2012 Regular Session of the 2011 General Assembly, whichever comes first.

SECTION 5.  This resolution is effective upon adoption.

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