This bill was passed and has been signed into law. It will go into effect beginning July 1, 2023 and is currently set to terminate on June 30, 2025. ACLU of Montana intends to return to the issue during the 2025 legislative session to ensure Montana ICWA will continue in perpetuity.

The federal Indian Child Welfare Act was established in 1978 to protect Native children from forced removal from their families, tribes, and cultures. Unfortunately, in recent years anti-Indigenous groups have pushed for the United States Supreme Court to dismantle ICWA. From our friends at ACLU of Montana: “Throughout history, federal and state governments have sought to undermine and threaten the existence of tribes via the forced separation and assimilation of Native children. If the Supreme Court overturns the Indian Child Welfare Act, it would have devastating consequences for Native children, families, and tribes. Without ICWA’s protections, states would be allowed to forcibly remove Native children from their families and culture while simultaneously depriving tribes of future generations — putting the very existence of tribes in jeopard.”

With his House Bill 317, Rep. Jonathan Windy Boy strove to establish a Montana-specific ICWA to ensure that the rights and well-being of Native children are upheld even if the federal ICWA is not.

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