Equitable access for foster care and adoption services for Indian children in tribal areas

(a)

Authority for Indian Tribes To receive direct Federal Title IV–E funds

Section 472(a)(2)(B) of the Social Security Act (42 U.S.C. 672(a)(2)(B)) is amended— (1)in clause (i), by striking or at the end; (2)in clause (ii), by striking and after the semicolon and inserting or; and (3)by adding at the end the following:

(iii)an Indian tribe or a tribal organization (as defined in section 479B(a)) or a tribal consortium, if the Indian tribe, tribal organization, or tribal consortium— (I)operates a program under section 479B; (II)has a cooperative agreement with a State under section 479B(d); or (III)submits to the Secretary a description of the arrangements (jointly developed in consultation with the State) made by the Indian tribe or tribal consortium for the payment of funds and the provision of the child welfare services and protections required by this title; and

(b)

Programs Operated by Indian Tribal Organizations

Part E of title IV of the Social Security Act (42 U.S.C. 670 et seq.) is amended by adding at the end the following:

479B.

Programs operated by Indian tribal organizations

(a)

Definitions of Indian Tribe; Tribal Organizations

In this section: (1)

In general

Except as provided in paragraph (2), the terms Indian tribe and tribal organization have the meanings given those terms in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b). (2)

Special rule for Alaskan tribes

The term Indian tribe means, with respect to the State of Alaska, only the Metlakatla Indian Community of the Annette Islands Reserve and the following Alaska Native regional nonprofit corporations: (A) Artice Slope Native Association. (B) Kawerak, Inc. (C) Maniilaq Association. (D) Association of Village Council Presidents. (E) Tanana Chiefs Conference. (F) Cook Inlet Tribal Council. (G) Bristol Bay Native Association. (H) Aleutian and Pribilof Island Association. (I) Chugachmuit. (J) Tlingit Haida Central Council. (K) Kodiak Area Native Association. (L) Cooper River Native Association. (b)

Application

Except as provided in subsections (c) and (e), this part shall apply to an Indian tribe, tribal organization, or a tribal consortium that elects to operate a program under this part in the same manner as this part applies to a State. (c)

Modification of Plan and Other Requirements

(1)

In general

In the case of an Indian tribe, a tribal organization, or a tribal consortium submitting a plan for approval under section 471, the plan— (A)shall— (i)in lieu of the requirements of section 471(a)(3), identify the service area or areas and population to be served by the Indian tribe, tribal organization, or tribal consortium; and (ii)in lieu of the requirements of section 471(a)(10), provide for the establishment and application of standards for foster family homes and child care institutions pursuant to tribal standards and in a manner that ensures the safety of, and accountability for, children placed in foster care; and (B)may, at the option of the Indian tribe, tribal organization, or tribal consortium, in lieu of the requirements of section 471(a)(20), provide procedures for conducting background checks in accordance with the requirements of section 408 of the Indian Child Protection and Family Violence Prevention Act (25 U.S.C. 3207) and regulations issued thereunder, and for conducting checks of child abuse and neglect registries maintained by the Federal government, by a State, and by an Indian tribe, tribal organization, or tribal consortium in a manner that ensures the safety of, and accountability for, children placed in foster care or who are being placed for adoption. (2)

Determination of federal share; sources of non-federal share

(A)

Per capita income

(i)

In general

For purposes of determining the Federal medical assistance percentage applicable to an Indian tribe, a tribal organization, or a tribal consortium under paragraphs (1) and (2) of section 474(a) (and for purposes of payments made under an arrangement described in section 472(a)(2)(B)(iii)(III)), the calculation of the per capita income of the Indian tribe, tribal organization, or tribal consortium shall be based upon the service population of the Indian tribe, tribal organization, or tribal consortium as defined in the plan of the Indian tribe, tribal organization, tribal consortium, in accordance with paragraph (1)(A), except that in no case shall an Indian tribe, a tribal organization, or a tribal consortium receive less than the Federal medical assistance percentage for any State in which the tribe is located. (ii)

Consideration of other information

Before making a calculation under clause (i), the Secretary shall consider any information submitted by an Indian tribe, a tribal organization, or a tribal consortium that the Indian tribe, tribal organization, or tribal consortium considers relevant to making the calculation of the per capita income of the Indian tribe, tribal organization, or tribal consortium. (B)

Administrative, training, and data collection expenditures

The Secretary shall, by regulation, determine the proportions to be paid to Indian tribes, tribal organizations, and tribal consortiums pursuant to section 474(a)(3) for purposes of this section (and for purposes of payments made under an arrangement described in section 472(a)(2)(B)(iii)(III)), except that in no case shall an Indian tribe, a tribal organization, or a tribal consortium receive a lesser proportion than the corresponding amount specified for a State in that section. (C)

Sources of non-federal share

An Indian tribe, tribal organization, or tribal consortium may use Federal, State, tribal, or private funds, which may be in kind, fairly evaluated, including plant, equipment, administration, and services, to match payments for which the tribe, organization, or consortium is eligible under section 474. (3)

Modification of other requirements

On the request of an Indian tribe, tribal organization, or a tribal consortium, the Secretary may modify any requirement under this part if, after consulting with the Indian tribe, tribal organization, or tribal consortium, the Secretary determines that modification of the requirement would advance the best interests and the safety of children served by the Indian tribe, tribal organization, or tribal consortium. (4)

Consortium

The participating Indian tribes or tribal organizations of a tribal consortium may develop and submit a single plan under section 471 that meets the requirements of this section. (d)

Cooperative Agreements

(1)

In general

An Indian tribe, a tribal organization, or a tribal consortium and a State may enter into a cooperative agreement for the administration or payment of funds under this part. (2)

Application and enforcement of incorporated provisions of this section

If an Indian tribe, a tribal organization, or a tribal consortium and a State enter into a cooperative agreement that incorporates any of the provisions of this section, those provisions shall be valid and enforceable. (3)

Prior agreements in effect

Any cooperative agreement described in paragraph (1) that is in effect as of the date of enactment of this section, shall remain in full force and effect subject to the right of either party to the agreement to revoke or modify the agreement pursuant to the terms of the agreement. (e)

John H. Chafee Foster Care Independence Program

Except as provided in section 477(j), subsection (b) shall not apply with respect to the John H. Chafee Foster Care Independence Program established under section 477 (or with respect to payments made under section 474(a)(4) or grants made under section 474(e)).

(c)

Application of Federal matching rate that would apply to Indian tribes, tribal organizations, or tribal consortia to expenditures under State agreements or an agreement with the Secretary

(1)

Foster care maintenance and adoption assistance payments

Paragraphs (1) and (2) of section 474(a) of the Social Security Act (42 U.S.C. 674(a)) are each amended by inserting (or, with respect to such payments made during such quarter under an agreement entered into by the State and an Indian tribe, tribal organization, or tribal consortium, or under an arrangement described in section 472(a)(2)(B)(iii)(III), an amount equal to the Federal medical assistance percentage that would apply under subsection (c)(2)(A) of section 479B (in this paragraph referred to as the tribal FMAP) if such Indian tribe, tribal organization, or tribal consortium made such payments under a program operated under that section, unless the tribal FMAP is less than the Federal medical assistance percentage that applies to the State) before the semicolon. (2)

Administrative expenditures

Section 474(a)(3) of such Act (42 U.S.C. 674(a)(3)) is amended— (A)in the matter preceding subparagraph (A), by striking section 472(i) and inserting subparagraph (E) and section 472(i); (B)in subparagraph (D), by striking and at the end; (C)by redesignating subparagraph (E) as subparagraph (F); and (D)by inserting after subparagraph (D), the following new subparagraph:

(E)in the case of a State that has entered into an agreement with an Indian tribe, tribal organization, or tribal consortium (or an Indian tribe, tribal organization, or tribal consortium with an arrangement described in section 472(a)(2)(B)(iii)(III)), an amount equal to the proportions that would be paid to such tribe, organization, or consortium pursuant to regulations issued under section 479B(c)(2)(B) if the tribe, organization, or consortium operated a program under that section; and

(d)

Hold harmless for Indian families receiving foster care maintenance payments or adoption assistance

Nothing in the amendments made by this Act shall be construed as authorization to terminate funding to any Indian or Indian family currently receiving foster care maintenance payments or adoption assistance on behalf of a child and for which the State receives Federal matching payments under paragraph (1) or (2) of section 474(a) of the Social Security Act (42 U.S.C. 674(a)), regardless of whether a cooperative agreement between the State and an Indian tribe, tribal organization, or tribal consortium is in effect pursuant to subsection (d) of section 479B of such Act, or an Indian tribe, tribal organization, or tribal consortium elects to operate a foster care and adoption assistance program directly under such section 479B. (e)

Nonapplication of certain eligibility requirements for Indian children

Section 472(a) of the Social Security Act (42 U.S.C. 672(a)) is amended by adding at the end the following new paragraph:

(5)

Nonapplication of certain requirements for Indian children

In the case of an Indian tribe, tribal organization, or tribal consortium that assumes responsibility for administering the program under this part through a cooperative agreement with the State under subsection (d) of section 479B, or that elects to operate a foster care and adoption assistance program directly under section 479B, the following rules shall apply: (A)

Use of affidavits, etc

The requirement in paragraph (1) shall not be interpreted so as to prohibit the use of affidavits or nunc pro tunc orders as verification documents in support of the reasonable efforts and contrary to the welfare of the child judicial determinations required under such paragraph. (B)

Residency requirement imposed under afdc state plan

Notwithstanding paragraph (3)(A), any residency requirement imposed under the State plan referred to in such paragraph shall not apply with respect to a child for whom an Indian tribe, tribal organization, or tribal consortium assumes responsibility.

(f)

Authority To receive portion of State allotment as part of an agreement To operate the John H. Chafee Foster Care Independence Program

(1)

In general

Section 477 of such Act (42 U.S.C. 677) is amended by adding at the end the following new subsection:

(j)

Authority for an Indian tribe, tribal organization, or tribal consortium To receive an allotment

(1)

In general

An Indian tribe, tribal organization, or tribal consortium with a plan approved under section 479B, which is receiving funding to provide foster care under this part pursuant to a cooperative agreement with a State, or that provides child welfare services and protections in accordance with an arrangement submitted to the Secretary under section 472(a)(2)(B)(iii)(III), may apply for an allotment out of any funds authorized by paragraph (1) or (2) (or both) of subsection (h). (2)

Application

An Indian tribe, tribal organization, or tribal consortium desiring an allotment under paragraph (1) shall submit an application to the Secretary to directly receive such allotment that includes a plan that satisfies such requirements of paragraphs (2) and (3) of subsection (b) as the Secretary determines are appropriate. (3)

Payments

The Secretary shall pay an Indian tribe, tribal organization, or tribal consortium with an application and plan approved under this subsection from the allotment determined for the tribe, organization, or consortium under paragraph (4) in the same manner as is provided in section 474(a)(4) (and, where requested, and if funds are appropriated, section 474(e)) with respect to a State, or in such other manner as is determined appropriate by the Secretary, except that in no case shall an Indian tribe, tribal organization, or a tribal consortium receive a lesser proportion of such funds than a State is authorized to receive under those sections. (4)

Allotment

From the amounts allotted to a State under subsection (c) for a fiscal year, the Secretary shall allot to each Indian tribe, tribal organization, or tribal consortium with an application and plan approved under this subsection for that fiscal year an amount equal to the tribal foster care ratio determined under paragraph (5) for such tribe, organization, or consortium multiplied by the allotment amount of the State within which such tribe, organization, or consortium is located. The allotment determined under this paragraph shall be deemed to be a part of the allotment determined under section 477(c) for the State in which he Indian tribal organization, or tribal consortium is located. (5)

Tribal foster care ratio

For purposes of paragraph (4), the tribal foster care ratio means, with respect to an Indian tribe, tribal organization, or tribal consortium, the ratio of— (A)the number of children in foster care under the responsibility of the Indian tribe, tribal organization, or tribal consortium (either directly or under supervision of the State), in the most recent fiscal year for which the information is available; to (B)the sum of— (i)the total number of children in foster care under the responsibility of the State within which the Indian tribe, tribal organization, or tribal consortium is located; and (ii)the number of children in foster care under the responsibility of the Indian tribe, tribal organization, or tribal consortium (either directly or under supervision of the State).

(2)

Authority to receive portion of State allotment as part of a cooperative agreement entered into with respect to the Chafee program

Section 477(b)(3)(G) of such Act (42 U.S.C. 677(b)(3)(G)) is amended— (A)by striking and that and inserting that; and (B)by striking the period and inserting ; and that each Indian tribe, tribal organization, or tribal consortium in the State that does not receive an allotment under subsection (j)(4) for a fiscal year may enter into a cooperative agreement or contract with the State to administer, supervise, or oversee the programs to be carried out under the plan with respect to the Indian children who are eligible for such programs and who are under the authority of the Indian tribe and to receive from the State an appropriate portion of the State allotment under subsection (c) for the cost of such administration, supervision, or oversight.. (g)

Rule of construction

Nothing in the amendments made by this Act shall be construed as affecting the responsibility of a State— (1)as part of the plan approved under section 471 of the Social Security Act (42 U.S.C. 671), to provide foster care maintenance payments and adoption assistance for Indian children who are eligible for such payments or assistance and who are not otherwise being served by an Indian tribe, tribal organization, or tribal consortium pursuant to a foster care and adoption assistance program operated under section 479B of such Act; or (2)as part of the plan approved under section 477 of such Act (42 U.S.C. 677) to administer, supervise, or oversee programs carried out under that plan on behalf of Indian children who are eligible for such programs if such children are not otherwise being served by an Indian tribe, tribal organization, or tribal consortium pursuant to an approved plan under section 477(j) or a cooperative agreement or contract entered into under section 477(b)(3)(G) of such Act. (h)

Regulations

Not later than 1 year after the date of enactment of this section, the Secretary, in consultation with Indian tribes, tribal organizations, tribal consortia, and affected States, shall promulgate regulations to carry out the amendments made by this Act. (i)

Effective Date

The amendments made by this section take effect on the date of enactment of this Act.