Southern Ute Council Member, Andrew Gallegos and Senior Tribal Attorney, James Washinawatok delivered a presentation at the Colorado Counties Inc. (CCI) Summer Conference in Keystone, Colo., Tuesday, June 3, highlighting the importance of intergovernmental collaboration and recent legislative advancements supporting tribal sovereignty and child welfare. 

CCI is a non-profit membership organization dedicated to supporting county commissioners, mayors, and council members across Colorado. The organization fosters cooperation among counties and promotes effective governance through shared knowledge and partnerships. 

During their presentation, Gallegos and Washinawatok focused on two significant pieces of legislation recently signed into Colorado law: HB25-1204, the Colorado Indian Child Welfare Act (CO ICWA), and SB25-009, Recognition of Tribal Court Orders. The legislation relies heavily on understanding, cooperation, and support from the local counties to work effectively. 

 

Colorado Indian Child Welfare Act (CO ICWA) 

 

HB25-1204 codifies the federal Indian Child Welfare Act of 1978 into Colorado state law, strengthening protections for Native children and ensuring culturally appropriate care. Key aspects include: 

• Enrollment Assistance: State and county agencies are now required to assist in enrolling eligible Native children in their respective tribes. 

• Placement Preferences: The law establishes a hierarchy for out-of-home placements, prioritizing family members, foster homes within the child’s tribe, and culturally aligned tribal members. 

• Cultural Compacts: Courts may require adoptive or guardianship parties to enter into agreements that ensure the child’s continued participation in cultural activities. 

• Tribal Customary Adoption: Tribes, parents, or custodians may pursue tribal customary adoption as an alternative to terminating parental rights in state court. 

 

Recognition of Tribal Court Orders 

 

SB25-009 marks a pivotal step in recognizing tribal sovereignty and enhancing public safety. Under this new law: 

• Colorado state courts must now recognize and enforce arrest warrants and commitment orders issued by tribal courts. 

• Previously, the lack of recognition allowed individuals who committed crimes on reservations to avoid justice by crossing jurisdictional boundaries. 

• The law ensures that tribal court orders are granted the same legal weight as those issued by state courts, enabling seamless cooperation between tribal and state law enforcement agencies. 

 

This legislative progress represents a significant stride toward equitable justice and stronger partnerships between Colorado’s counties and tribes. Tribal Council member Gallegos and tribal attorney Washinawatok emphasized that these laws not only protect Native children and communities but also reinforce the shared responsibility of all governments to uphold justice and to honor culture and traditions. Thank you to CCI for providing a central platform to have these meaningful conversations.