Committee advances Senate File 472 to support ombudsperson for American Indian families

The committee recommended passage of Senate File 472 after hearing from the Office of Ombudsperson for American Indian Families about frequent removals of American Indian children and obstacles the office faces in supporting families.

Miss Ash, the ombudsperson, told senators that "Minnesota is number 1 in the nation for the removal of American Indian children from their homes," and described the office's work observing court hearings, educating incarcerated parents and sending informational letters to judges when she believes Indian Child Welfare Act (ICWA) or other rules have not been followed. "Currently we are an agency of 1 and that's just me," she said.

The office, created in 2021, received a 2021 appropriation of $190,000 that covered the ombudsperson's salary, rent and equipment, Ash said. She told the panel she regularly visits the Shakopee Correctional Facility to educate mothers about their rights and said she has routinely observed juvenile court hearings since many hearings moved to Zoom.

Why it matters: Committee members pressed on the practical limits of the office's role in court proceedings and its ability to file material with courts without paying fees. Ash said judges in some counties will waive the court filing fee for her letters but others will not; when filing is not allowed she asks parent attorneys or guardians ad litem to file on her behalf because the office cannot afford the roughly $285 filing fee. That financial barrier is central to the bill: sponsors described its purpose as enabling the office to submit materials in court proceedings without being blocked by filing-fee requirements.

Several senators asked about the scope of services. Ash said ICWA and the Minnesota Indian Family Preservation Act apply when a federally recognized tribe confirms a child's eligibility or enrollment, but added the ombudsperson will work on cases where people identify a child as Native even if formal tribal enrollment has not yet been established. "If someone tells me that this child is native then we can go ahead and work on it," she said, while noting that ICWA protections specifically require tribal-eligibility determinations by federally recognized tribes.

Panel members also asked about data access. Ash said the office has access to the Minnesota court electronic system (MGA) under a 2016 administrative order, but does not have access to the state's child-welfare data system (referred to in testimony as SSIS). Committee members discussed whether the Legislature could facilitate broader system access, and noted inconsistent county practices: "Minnesota has 87 counties, 89 different ways things get done," Ash said, describing variability in judges' handling of fee waivers and filings.

Outcome: A senator moved that Senate File 472 be recommended to pass and be referred to the Senate floor; the motion was approved by voice vote and the file was sent to the floor.

Other context: Committee members expressed support for Ash's outreach to incarcerated parents and for strengthening the office's ability to ensure courts comply with ICWA and state law. Several senators volunteered to be coauthors on the measure during the hearing.