ND HB1536

Creates new chapter 27-19.1 establishing comprehensive Indian child welfare standards requiring "active efforts" (a higher standard than "reasonable efforts") to maintain or reunite Indian children with their families before removal or termination of parental rights.

Defines "active efforts" to include comprehensive family assessments, identifying services and support, involving tribal representatives, searching for extended family members, offering culturally appropriate preservation strategies, maintaining sibling connections, and providing post-reunification services.

Requires courts to obtain testimony from qualified expert witnesses familiar with the Indian child's tribe's social and cultural standards before ordering foster care placement (by clear and convincing evidence) or terminating parental rights (by evidence beyond reasonable doubt).

Establishes placement preferences prioritizing extended family members, tribal members, other Indian families, and tribal-approved residential facilities, with a requirement that parties prove by clear and convincing evidence why preferred placements cannot be used.

Mandates tribal jurisdiction over Indian child custody proceedings unless a parent objects or the tribe declines, and requires state courts to give full faith and credit to tribal court proceedings; directs legislative management to study implementation during the 2023-24 interim.