BIA Issues New Guidance on Criminal Background Checks for Foster Care Placements

In May, the Bureau of Indian Affairs issued official guidance on new federal law requirements regarding criminal background checks and licensing of tribal foster care placements for American Indian and Alaska Native (AI/AN) children. These new requirements are contained in the Native American Children’s Safety Act (NACSA). While the NACSA requires that tribes conduct a background check of every adult (age 18 or older) who lives in a foster care home or who works in a foster care institution, many tribes do not have access to state or even federal background check databases. The BIA recommends various approaches to background checks that tribes may follow in order to comply with the NACSA. NICWA provided testimony earlier on the legislation and more recently on the proposed guidance citing concerns related to tribal access to national crime databases administered by the Federal Bureau of Investigation that are the source for the criminal background checks required under the law. Please contact David Simmons, NICWA Government Affairs and Advocacy Director, for further information at desimmons@nicwa.org.

Read the full text of BIA official guidelines.