§1931 — Title 25 Indians | U.S. Code

Summary

The Secretary can give grants to Indian tribes and tribal groups to create and run child and family service programs on or near reservations and to write and carry out tribal child welfare codes. These programs must try to keep Indian families together and make permanent removal of an Indian child from a parent or custodian a last resort. Programs can include things like licensing foster and adoptive homes; running counseling, treatment, and temporary care centers; family supports (home helpers, day care, afterschool care, job help, recreation, and short-term relief); home repair programs; hiring trained staff to help tribal courts; training for tribal judges and staff; adoption subsidies comparable to foster care using State standards; and legal help for families in custody cases. Money for these programs can count as the tribe’s non‑Federal matching share for funds under titles IV–B and XX of the Social Security Act or for other federal programs that support the same purpose. Getting help under this law cannot be used to deny or reduce other federal assistance, and a tribe’s licensing or approval of foster or adoptive homes or institutions must be treated the same as a State’s for federal eligibility.

Title 25, §1931

Indians — Source: USLM XML via OLRC

(a)The Secretary is authorized to make grants to Indian tribes and organizations in the establishment and operation of Indian child and family service programs on or near reservations and in the preparation and implementation of child welfare codes. The objective of every Indian child and family service program shall be to prevent the breakup of Indian families and, in particular, to insure that the permanent removal of an Indian child from the custody of his parent or Indian custodian shall be a last resort. Such child and family service programs may include, but are not limited to—

(1)a system for licensing or otherwise regulating Indian foster and adoptive homes;

(2)the operation and maintenance of facilities for the counseling and treatment of Indian families and for the temporary custody of Indian children;

(3)family assistance, including homemaker and home counselors, day care, afterschool care, and employment, recreational activities, and respite care;

(4)home improvement programs;

(5)the employment of professional and other trained personnel to assist the tribal court in the disposition of domestic relations and child welfare matters;

(6)education and training of Indians, including tribal court judges and staff, in skills relating to child and family assistance and service programs;

(7)a subsidy program under which Indian adoptive children may be provided support comparable to that for which they would be eligible as foster children, taking into account the appropriate State standards of support for maintenance and medical needs; and

(8)guidance, legal representation, and advice to Indian families involved in tribal, State, or Federal child custody proceedings.

(b)Funds appropriated for use by the Secretary in accordance with this section may be utilized as non-Federal matching share in connection with funds provided under titles IV–B and XX of the Social Security Act [42 U.S.C. 620 et seq., 1397 et seq.] or under any other Federal financial assistance programs which contribute to the purpose for which such funds are authorized to be appropriated for use under this chapter. The provision or possibility of assistance under this chapter shall not be a basis for the denial or reduction of any assistance otherwise authorized under titles IV–B and XX of the Social Security Act or any other federally assisted program. For purposes of qualifying for assistance under a federally assisted program, licensing or approval of foster or adoptive homes or institutions by an Indian tribe shall be deemed equivalent to licensing or approval by a State.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Social Security Act, referred to in subsec. (b), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Titles IV–B and XX of the Social Security Act are classified generally to part B (§ 620 et seq.) of subchapter IV and subchapter XX (§ 1397 et seq.) of chapter 7 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.

§1931 Grants for on or Near Reservation Programs and Child Welfare Codes

Summary

Title 25, §1931

Notes & Related Subsidiaries

Editorial Notes

References in Text

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