Despite opposition, Montana legislator advances two priority bills from American Indian caucus

Two priority bills for the Montana Legislature’s American Indian Caucus are back in play after strategic moves last week by Sen. Jonathan Windy Boy, a Democrat from Box Elder.

While the bills were previously voted down in Senate committees, Windy Boy on Feb. 21 brought motions to revive legislation to update and extend Montana’s Indian Child Welfare Act and a bill to increase accountability in the state’s Indian Education for All requirement. 

Windy Boy blasted both bills, a motion that allows a bill sponsor to pull legislation from its respective committee after it has been heard and is either voted down, tabled or the committee chair refuses to take executive action on the bill. A blast requires a simple majority vote by the Senate.

Commonly called ICWA, the federal Indian Child Welfare Act dictates how Native American children are placed in foster or adoptive homes. Enacted in 1978 in response to decades of state and private entities separating Native children from their families, the law aims to protect Native children by giving their tribe and family opportunities to participate in adoption and foster care decisions.

Even with the law in place, however, Native children are still disproportionately represented in child welfare systems. 

In 2023, when the federal law was in jeopardy, the Montana Legislature and several other states wrote ICWA protections into state law. The state ICWA law, however, is set to sunset this year. 

That’s why Windy Boy proposed Senate Bill 147, which writes federal ICWA protections into state law, removes a termination date and adds further measures that go beyond the federal legislation.

Windy Boy advocated for the MICWA bill by telling fellow senators “it had 26 proponents and zero opponents [during the committee hearing], and it is a good bill.”

Sen. Dennis Lenz, a Republican from Billings and chair of Senate Health, Welfare and Human Safety committee that tabled the MICWA bill, objected to Windy Boy’s blast attempt, saying that the legislation is complex. In 2023, Lenz brought a bill dubbed “ICWA for all,” which extended some of the protections to all child protective services cases in Montana. That bill was signed into law. 

The Senate on Feb. 21 voted 29-21 in favor of the blast motion, and SB 147 passed the Senate on a 30-19 vote Tuesday.

Often referred to as the “gold standard” for child welfare, the federal ICWA law requires caseworkers to make several considerations when handling a case, including making active efforts to reach the family, identifying a placement that fits under ICWA preferences, notifying the child’s tribe and child’s parents of custody proceedings and working to involve the child’s tribe and parents in decisions.

Windy Boy’s bill adds several other protections, including what he calls a “cultural compact.” If a Native child is placed with parents or guardians who are not members of the child’s tribe, SB 147 stipulates that the parents or guardians must enter an agreement or “cultural compact” with the child’s tribe. In the agreement, both the child’s guardians and tribe will document the ways in which the child will learn about their culture, participate in cultural activities and engage with family members. 

Other additions in the bill clarify standards of emergency child removal, add requirements for guardianships and require additional consultation with the child’s tribe. 

During debate Monday on the MICWA legislation before the full Senate, Windy Boy said that the cultural compacts within the bill will address issues of separating children placed into foster care from their culture.

As for the Indian Education for All bill, Windy Boy motioned last week for it to also be pulled from committee, telling the Senate it had far more proponents than opponents during an earlier hearing and he had an amendment to address a concern raised about the legislation.

Enacted by the Legislature in 1999, Indian Education for All (IEFA) requires recognition of Indigenous culture and a commitment in the state’s educational goals to preserve Native American culture and heritage. Senate Bill 181 would strengthen the state’s commitment to IEFA, emphasizing tribal consultation and enhancing accountability.

Sen. John Fuller, a Republican from Kalispell and chair of the Senate Education and Cultural Resources committee, objected to the motion on the grounds that it would be a violation of procedural rulings. But it was another victory for Windy Boy, with the Senate on Feb. 21 voting 26-24 to blast the bill. SB 181 also cleared the Senate on Tuesday by a 29-20 vote.

Windy Boy emphasized the accountability required by the bill, saying it appealed to people who want to ensure government funding is used transparently.

“So this basically is an accountability bill to make sure that if you get $1 and that dollar is supposed to be geared towards educating the students at the local school district, it’s just to see ‘show me what you’re doing,’” Windy Boy said Monday.

No senator spoke against the bill Monday.

“It feels good,” said Windy Boy after the blast motions. “It’s good for the kiddos.”

After multiple bills related to Indigenous issues have been held up in committees this session, members of the American Indian Caucus signaled last week they would look to use the blast motion for their priorities. Blasts are a rare situation, they noted, but caucus members said they believed it was the best way to accomplish their agenda.

At a Feb. 19 caucus meeting, several members raised concerns about their bills being held up in committees, being tabled or voted down. With Republicans holding a strong majority in both the Senate and House, the caucus, which is nearly all Democratic lawmakers, said it is an uphill battle to get legislation through, prompting some new strategies.

Windy Boy’s MICWA bill was tabled Feb. 14, though he said other child welfare bills had advanced from the same committee. The Indian Education for All bill was tabled Jan. 30.

Sen. Susan Webber, Blackfeet and a Democrat from Browning, said she also plans to blast her Senate Bill 180, which aims to include a child’s heritage in divorce proceedings. It was voted down in committee Feb. 14.

Multiple bills this session that have made it to the Senate floor have been opposed by the more conservative Republicans, as moderate GOP senators have sided with the Democrats on certain matters such as continuing Medicaid expansion.

When asked if those moderates are more open to working on key issues with Democrats in the American Indian Caucus, Windy Boy said “I don’t like to read too much into issues like that, but if it happens, no doubt that’s probably what those moderates are thinking.”

Asked about situations where GOP senators may work across the aisle to vote for a bill they may not fully support in exchange for votes on their own bills, Webber acknowledged “That is a part of it and there is some of that going on.”

She added that for her bill in particular, she’s been able to gain support by talking to and explaining it to others.

Caucus members said they believe bills being held up in committees creates large setbacks and that using blast motions will likely continue.

“I think so as of right now, because it is the only way we can really get our bills through,” Webber said.

This story is co-published by Montana Free Press and ICT, a news partnership that covers the Montana American Indian Caucus during the state’s 2025 legislative session.