All Roll Calls
Yes: 228 • No: 1
North DakotaHB 15642025 Regular SessionHouseWALLET
AN ACT to amend and reenact sections 27-19.1-01 and 27-19.1-02, subsection 1 of section 27-19.1-03, subsection 1 of section 27-19.1-04, and sections 27-19.1-05 and 27-19.1-06 of the North Dakota Century Code, relating to Indian child welfare.
Sponsored By: Jayme Davis (Democratic)
Became Law
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Bill Overview
Analyzed Economic Effects
7 provisions identified: 5 benefits, 0 costs, 2 mixed.
Emergency removals end fast for Indian kids
Emergency removal must stop as soon as it is not needed to prevent imminent harm. The agency must return the child and offer steps to fix the problem. The court or agency order must list the child’s name, tribe, address, the parents or custodian, and explain the emergency facts. At a shelter-care hearing, the filer must state what help was given and what help will be given to allow a safe return. Even in emergencies, placement should follow the usual foster and preadoptive preferences when possible, and shift back once the emergency ends.
More tribal say in child cases
Parents, Indian custodians, or the tribe can ask to move the case to tribal court. The state court must transfer unless a parent objects, the tribe declines, or clear and convincing proof shows key evidence cannot be handled there. The tribe can intervene at any time. State courts must give full faith and credit to applicable tribal orders and records. Agencies must work with the tribe to enroll the child before any termination, unless a parent objects.
Placement favors family and tribe first
Children should be placed in the least restrictive, family‑like setting near home when possible. Adoption, foster, nonfoster, and preadoptive placements follow a set order that favors extended family, the child’s tribe, and other Indian families. If the tribe has its own placement order, that order controls. Anyone asking to depart must prove good cause by clear and convincing evidence; low income is not a valid reason. Courts and agencies must apply the local tribal social and cultural standards when judging placements.
Stronger proof before removing Indian children
The law requires "active efforts" with the tribe and family to prevent removal or to reunify. A court may order foster care only with clear and convincing proof the child will likely suffer serious harm. Ending parental rights needs proof beyond a reasonable doubt. A qualified expert who knows the child’s tribal standards must testify; the assigned worker cannot be that expert. Poverty, crowded housing, age, substance use, or nonconforming behavior alone are not enough. The child must be returned once the danger is gone.
Stronger rules for voluntary placement
A voluntary consent to place an Indian child is valid only if written, recorded before a judge, and the judge certifies you understood it. Any consent signed before or within 10 days after birth is invalid. You may withdraw consent at any time for any reason, and the child must be returned. You may also ask the court to invalidate the out‑of‑home placement.
Courts report adoptions to BIA
Within 30 days of a final adoption of an Indian child, the court sends the decree and required details to the Bureau of Indian Affairs, Chief, Division of Human Services, 1849 C Street NW, Washington, DC 20240, in a confidential envelope. The packet includes the child’s birth name and date, tribal affiliation, new name, birth and adoptive parents’ names and addresses, agency contacts, and any tribal membership or eligibility info. Birth parents may file an affidavit asking the Secretary of the Interior to keep their identity confidential, and the court must include it.
Who is covered and first-hearing notice
The law explains which state custody and emergency cases for Indian children must follow these rules, and which do not. Exclusions include tribal court cases, delinquency cases, custody awards to a parent, and some voluntary placements. Before the first hearing to place a child or end rights, the filer must send registered‑mail notice with a return receipt to the parent, Indian custodian, and tribe. The first hearing cannot be held until 10 days after they receive notice, or 15 days after the U.S. Secretary of the Interior receives notice. On request, the court must give up to 20 more days.
Sponsors & Cosponsors
Sponsor
Jayme Davis
Democratic • House
Cosponsors
Mike Beltz
Republican • House
Collette Brown
Democratic • House
Lisa Finley-DeVille
Democratic • House
Dawson Holle
Republican • House
Sean Cleary
Republican • Senate
Claire Cory
Republican • Senate
Kathy Hogan
Democratic • Senate
Judy Lee
Republican • Senate
Kent Weston
Republican • Senate
Roll Call Votes
House vote • 4/2/2025
Second reading, passed, yeas 91 nays 0
Yes: 91 • No: 0
Senate vote • 3/17/2025
Second reading, passed as amended, yeas 47 nays 0
Yes: 47 • No: 0
House vote • 2/19/2025
Second reading, passed, yeas 90 nays 1
Yes: 90 • No: 1
Actions Timeline
Filed with Secretary Of State 04/11
4/14/2025HouseSigned by Governor 04/10
4/11/2025HouseSent to Governor
4/8/2025HouseSigned by Speaker
4/8/2025HouseSigned by President
4/4/2025SenateSecond reading, passed, yeas 91 nays 0
4/2/2025HouseConcurred
4/2/2025HouseReturned to House (12)
3/18/2025HouseSecond reading, passed as amended, yeas 47 nays 0
3/17/2025SenateAmendment adopted, placed on calendar
3/14/2025SenateReported back amended, do pass, amendment placed on calendar 5 0 1
3/13/2025SenateCommittee Hearing 10:45
3/12/2025SenateIntroduced, first reading, referred Human Services Committee
2/20/2025SenateReceived from House
2/20/2025SenateSecond reading, passed, yeas 90 nays 1
2/19/2025HouseReported back, do pass, place on calendar 13 0 0
2/18/2025HouseCommittee Hearing 09:30
1/27/2025HouseIntroduced, first reading, referred Human Services Committee
1/20/2025House
Bill Text
Adopted by the Senate Human Services Committee
Enrollment
HOUSE BILL NO. 1564 with Senate Amendments
INTRODUCED
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