March 23, 2015

Heitkamp, Inhofe, Kilmer, Cole Reintroduce Bipartisan Legislation to Ease Financial Costs of Adoption in Tribal Communities

U.S. Senators Heidi Heitkamp (D-ND) and James Inhofe (R-OK) as well as U.S. Representatives Derek Kilmer (D-WA) and Tom Cole (R-OK) today reintroduced bipartisan legislation ease the financial challenges of adopting children in tribal communities throughout the country.

In all 50 states, parents who adopt children with special needs are able to claim the full adoption tax credit, helping to reduce the financial cost of adoption. However, if they open their homes to a child with special needs from Indian Country through tribal courts, that child cannot receive the same designation – preventing adoptive parents from claiming the full adoption tax credit. Heitkamp, Inhofe, Kilmer and Cole reintroduced the bipartisan Tribal Adoption Parity Act to allow tribal governments to designate children as having special needs – just as states can – enabling adoptive parents to claim the full adoption tax credit.

“For the loving and caring individuals in North Dakota and across the country who open their hearts and homes to children through adoption, the financial challenges can be significant,” said Heitkamp. “Folks in tribal communities should be able to claim the full adoption tax credit when adopting a child with special needs, just as parents are able to do outside Indian Country. That’s why I’m reintroducing my bipartisan bill to make sure all adoptive parents are treated fairly under the tax code, enabling more selfless adults to make a positive difference in the lives of our Native children.”

“I’m happy to once again cosponsor the bipartisan Tribal Adoption Parity Act,” said Inhofe. “This act will provide families who adopt special needs children through tribal courts the same opportunity to receive the full adoption tax credit as those families who adopt through a state court. To further the goal that all children should grow up in a loving family, the adoption tax credit is an important tool to promote adoptions and help alleviate the financial burden that can come from the adoption process.”

“Our bipartisan, bicameral legislation will help Native American kids with special needs find a loving home,” said Kilmer. “It does so by following a proven model. The federal adoption tax credit has helped make the dreams of thousands of American families come true. Parents who adopt special needs children through Tribal Courts should have access to the same resources and tax relief. It’s time for Congress to provide equal treatment under the law for Native American children with special needs.”

Heitkamp, who helped introduce the Tribal Adoption Parity Act last year with retired Senator Tim Johnson from South Dakota, has long been an advocate for improving the lives of Native American children. In January, Heitkamp reintroduced her bipartisan bill to create a Commission on Native Children, which unanimously passed the Senate Committee on Indian Affairs less than two weeks later. Her bill, which currently has 24 bipartisan cosponsors, would conduct an intensive study into issues facing Native children and make recommendations on how to make sure Native children get the protections, as well as economic and educational tools, they need to thrive. Earlier this month, Heitkamp also reintroduced legislation to support the well-being of foster children by providing additional tax relief for current foster families, encouraging more Americans to consider offering safe homes to foster children across the country. The bill would also direct the federal government to do a better job reaching out and educating current foster families about the financial benefits already available to them.

Kilmer is a strong advocate for tribes, leading bipartisan bills to address challenges facing tribal communities. In June 2013, Kilmer introduced the Adoption Tax Credit Tribal Parity Act with 20 bipartisan cosponsors to provide parents who adopt Native American children with special needs the same tax credit as other families receive. Kilmer also introduced the Housing Native Heroes Act in November 2013 that would ensure tribal veterans at risk of homelessness have access to the HUD-Veterans Affairs Supportive Housing Voucher (HUD-VASH) program.

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