Senate committee OK's creating new Indian Child Advisory Council for South Dakota

PIERRE — An effort to establish an advisory council to host formal conversations and gather data on the high number of Native American children in South Dakota’s foster care system was approved by a Senate committee Friday morning. The bill now heads to Senate floor.

HB 1232 creates an Indian Child Advisory Council made up of representatives from the legislature, South Dakota’s nine tribes, the Department of Social Services and other child welfare experts. Rep. Tamara St. John, R-Sisseton, explained the council would bring those key stakeholders together to have formal conversations and find possible solutions.

“I do think that having the tribal people that have that unique knowledge to allow them to connect with everybody at the table, I think will be highly beneficial,” the Sisseton Wahpeton tribal member said. “This is a really small ask.”

A six-month joint investigation by South Dakota Searchlight and the Argus Leader, following last year’s legislative session, explored the causes, effects and potential solutions to the decades-long overrepresentation of Native American children in South Dakota’s foster care system. Native American children accounted for nearly 74% of the foster care system in June 2023, despite accounting for only 13% of the state’s overall child population.

More: The Lost Children: An Argus Leader/South Dakota Searchlight investigation into ICWA in SD

“When you look at the numbers, it’s a critical issue,” St. John said. “I think we need all hands on deck, and I don’t think we can any longer afford to continue to look at this with a really narrow lens. Bring all the experts and those that are involved and can impact this issue together at least once a year.”

DSS opposed the bill with Secretary Matt Althoff warning that creation of the council may feel good at the moment, but may not be fruitful.

“I think the committee might give us a false sense of expectation,” he said, adding that if the bill passes and is signed by Gov. Kristi Noem, the department will support the council.

In the 4-2 vote to pass HB 1232 along to the Senate floor, Sen. Tim Reed, R-Brookings, explained his opposition saying that he worried about the lack of participation from the Center of the Prevention of Childhood Maltreatment. He felt the council was focused on the prevention of children entering into foster care.

More: South Dakota could soon have a new Indian Child Advisory Council, despite DSS opposition

“We need more involvement because we’re on the prevention side of it,” he said, noting CPCM should be in the audience of the annual meetings. “I think there’s a greater body of knowledge there, I think we need some help.”

Neglect is the leading cause of why children are removed from their parents, with 68% of cases citing the reason. Parental substance abuse is 57% of the second reason why South Dakota children are removed from their families and placed into foster care, according to federal data.

More: Tackling substance abuse with families in mind to prevent foster care placements

As the former chair of the CPCM, Reed said the organization, housed at the University of South Dakota, had struggled to engage with the tribes on the prevention of maltreatment and neglect.

CPCM could always be added in later as a formal participant, Sen. Erin Tobin, R-Winner, noted in her comments supporting the bill.

“I think this is a valuable thing that could be used to allow communication because sometimes it's just really hard to understand if you’re not on the reservation, working on the reservation, haven’t lived close to the reservation,” she said.

This article originally appeared on Sioux Falls Argus Leader: Indian Child Advisory Council gets approval of SD Senate committee