§679c Programs Operated by Indian Tribal Organizations

Summary

Lets Indian tribes, tribal organizations, or tribal consortia run the child welfare program like a State if they choose and have an approved plan under section 671. “Indian tribe” and “tribal organization” mean what title 25, section 5304 says. The plan must show good financial management (no uncorrected major audit problems related to social services in the 3 years before the plan), describe the service areas and people to be served, and promise to use program money only for children who meet the eligibility rules for foster care maintenance (section 672) and adoption assistance (section 673). The tribe may choose to offer kinship guardianship assistance (section 673(d)) and prevention services for certain children and their parents or kin caregivers (section 671(e)); if it does, the Secretary will set requirements and performance measures that are as like State rules as possible but that allow culturally adapted services. For the first 12 months after a plan begins, tribes may use affidavits or nunc pro tunc orders to help verify the court findings about reasonable efforts and the child’s welfare. Whether a child meets the AFDC-related eligibility test uses the State plan in effect on July 16, 1996, where the child lived when removed. Tribes must set up tribal authorities to make and keep standards for tribal foster homes and tribal child care institutions. A tribal consortium can file one joint plan. The rule that States use an electronic interstate case system does not apply to tribes. Special rules cover using in-kind contributions from third parties to meet the non‑Federal share of administrative and training costs between fiscal quarters beginning after September 30, 2009, and before October 1, 2014. The plan must list the in-kind items and their sources. For quarters in fiscal years 2010 or 2011, no more than 25% of certain claimed amounts may be third-party in-kind, and no more than 12% for training; allowed sources include State or local governments, other tribes, public colleges, Tribal Colleges or Universities, and private charities. For quarters after September 30, 2011, in-kind claims are limited to what regulations under section 301(e)(2) of the Fostering Connections Act allow, with a transition rule for tribes approved in fiscal 2010 or 2011 until October 1, 2013. If those regulations never take effect, the earlier limits apply for 2012–2014, and after 2014 tribes may not claim third-party in-kind if a State could not. When calculating the Federal medical assistance percentage for a tribe, the per capita income is based on the tribe’s service population, but the tribe’s rate cannot be lower than the FMAP for any State where the tribe is located. The Secretary must consider information the tribe submits. Existing cooperative agreements or contracts with States in effect on October 7, 2008, stay in force unless changed under their terms. The John H. Chafee Foster Care Independence Program is not covered by the tribe-as-State rule except as section 677(j) allows. Finally, tribal operation of the program does not change how sections 672(h) and 673(b) apply to children who get payments under those sections.