South Dakota Department of Tribal Government Relations

Indian Child Welfare Act (ICWA) Commission

Federal Indian Child Welfare Act compliance to be studied.

In 2004, the South Dakota Legislature passed SB 211, an act to establish a commission to study compliance with the federal Indian Child Welfare Act, to afford due regard to the Act, and to declare an emergency.

It established the Governor's Commission on the Indian Child Welfare Act. The commission shall study the requirements of the federal Indian Child Welfare Act, (25 U.S.C.§§ 1901-1963), as amended to January 1, 2004, including compliance with the requirements for notice, placement, expert witness testimony, intervention, transfer of jurisdiction, and active efforts, and the means by which Indian tribes can assist in pursuing the policies of the Act.

The Governor shall appoint an independent reviewer to complete an analysis of compliance with the Act by the Department of Social Services, the states attorneys, the Unified Judicial System, and private agencies involved in foster care and adoption, and the means by which Indian tribes can assist the state and private agencies in achieving compliance. Upon completion, the independent reviewer shall submit the analysis of compliance to the commission.

Governor Rounds Indian Child Welfare Act Commission

Co-Chairs:
The Honorable B.J. Jones, Agency Village
The Honorable Janine Kern, Rapid City

Members of the Commission:
Ms. Jackie Barse, Flandreau
Mr. Keith Bonenberger, Pierre
Rep. Jim Bradford, Pine Ridge
Sr. Mary Carole Curran, Sioux Falls
Rep. Joni Cutler, Sioux Falls
Sen. Robert Duxbury, Wessington
Ms. Renee Eggebraaten, Rapid City
Mr. Steve Emery, White River
Ms. Deb Fischer-Clemens, Sioux Falls
Mr. D.J. Hanson, Pierre
Mr. Doug Herrmann, Custer
Ms. Ann Holzhauser, Pierre
Sen. Michael La Pointe, Mission
Ms. Tracey Manywounds, Ft. Yates
Ms. Tami Maroney Bern, Vermillion
Ms. Rose McCauley, Lower Brule
Ms. Denise Murphy, Rapid City
Ms. Ramona O´Connor, Wagner
Ms. Sara Olson, Pierre
Mr. Michael C. Schad, Rapid City
The Honorable Kathleen Trandahl, Winner
Mr. Dave Valandra, Fort Thompson
The Honorable Jack Von Wald, Aberdeen
Mr. Bob Walters, Eagle Butte
Ms. Cordelia White Elk, Kyle
Mr. Bill Whitelance, Custer
Ms. Virgena Wieseler, Pierre

ICWA Commission Meetings:

May 25, 2004 - Agenda & Minutes (pdf)
Pierre, South Dakota

August 10, 2004 - Agenda & Minutes (pdf)
Sioux Falls, South Dakota

October 12, 2004 - Agenda & Minutes (pdf)
Rapid City South Dakota

December 14, 2004 - Agenda & Minutes (pdf)
Pierre, South Dakota

December 30, 2004 - Agenda (pdf)
Pierre, South Dakota

View the 2004 ICWA Commission report (pdf)
View the 2004 ICWA analysis of compliance (pdf)