[Federal Register Volume 64, Number 87 (Thursday, May 6, 1999)]
[Proposed Rules]
[Pages 24296-24308]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-11334]


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 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
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  Federal Register / Vol. 64, No. 87 / Thursday, May 6, 1999 / Proposed 
Rules  

[[Page 24296]]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

25 CFR Part 20

RIN 1076-AD95


Financial Assistance and Social Services Programs

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Proposed rule.

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SUMMARY: The Bureau of Indian Affairs (Bureau) is proposing to revise 
the existing Financial Assistance and Social Services Program 
regulations to incorporate rules for Burial Assistance, Child 
Assistance, Disaster Assistance, Emergency Assistance, General 
Assistance, Services to Children, Elderly and Families, and Tribal 
Welfare Reform. All other sections are revised and renumbered to 
conform to existing programmatic and budgetary statutes and conditions. 
Also, these regulations have been rewritten in Plain English as 
required by E.O. 12866. In keeping with the intent of Plain English, we 
added more subparts for easier use in reference.

DATES: Comments must be received by July 6, 1999.

ADDRESSES: Mail comments to Division of Social Services, Bureau of 
Indian Affairs, 1849 C Street, NW, MS-4660-MIB, Washington, DC 20240 or 
hand deliver them to room 4660 at the above address. Comments will be 
available for inspection at this address from 9:00 a.m. to 4:00 p.m., 
Monday through Friday beginning approximately May 26, 1999.

FOR FURTHER INFORMATION CONTACT: Larry Blair, Chief, Division of Social 
Services, Bureau of Indian Affairs at telephone (202) 208-2479.

SUPPLEMENTARY INFORMATION: We last revised the financial assistance and 
social services regulations in 25 CFR Part 20 in 1985. Since that time, 
a number of important changes have occurred that are not reflected in 
the existing regulations. These actions present an opportunity to 
review the current priorities and policies contained in the regulations 
and propose changes that conform to existing conditions. We've 
considered the following factors in proposing changes in the current 
regulations:
     The primary purpose of the amendments is to provide clear, 
concise regulations that will improve program implementation;
     Congress has enacted a cap on the level of financial 
assistance funding;
     Existing financial assistance and social services 
regulations do not provide for the development of tribal welfare 
reform/redesign plans in accordance with tribal desires and existing 
law;
     Given fluctuations in financial assistance caseloads and 
emergencies, it has been difficult to plan and refine the existing 
service delivery framework;
     The Department of Health and Human Services (HHS) has made 
a policy decision to allow Temporary Assistance for Needy Families 
(TANF) payments to be included as one of the grants under Pub. L. 102-
477;
     Pub. L. 104-193 Personal Responsibility and Work 
Opportunity Reconciliation Act of 1996 (PRWORA) reduced funding level 
authorizations and requires General Assistance (GA) payments to be 
equal to the level of state TANF payments; and
     The Indian Child Protection and Family Violence Prevention 
Act and the Adoption and Safe Families Act have established new 
standards in child welfare, and the regulations need revision to 
incorporate and consolidate additional child protection and permanency 
planning requirements.
    The continued focus and use of the financial assistance and social 
services program needs to be on the reservation and other areas where 
the Indian Community resides and where other government entities do not 
provide reasonably comparable and available services. The Bureau 
continues to support the policy that Indian people living away from 
their reservation are eligible and should receive financial assistance 
and social services from local state, county, and city resources on the 
same basis as non-Indians. For the purposes of simplifying the 
locations where we will provide the financial assistance and social 
services program, we use the term ``service area'' in these regulations 
and tell you how to get a service area if one does not yet exist.

Regulatory Planning and Review (E.O. 12866)

    This document is not a significant rule and is not subject to 
review by the Office of Management and Budget under Executive Order 
12866.
    (1) This rule will not have an effect of $100 million or more on 
the economy. It will not adversely affect in a material way the 
economy, productivity, competition, jobs, the environment, public 
health or safety, or State, local, or tribal governments or 
communities. Tribes have been operating this financial assistance 
program for thirty years and the amount of funding is dependent upon 
the local economy in terms of unemployment and extent of need for 
funds. Approximately 400 tribes receive some form of financial 
assistance yearly and the amount of funds varies according to caseload 
increases and decreases.
    (2) This rule will not create a serious inconsistency or otherwise 
interfere with an action taken or planned by another agency.
    (3) This rule does not alter the budgetary effects or entitlements, 
grants, user fees, or loan programs or the rights or obligations of 
their recipients.
    (4) This rule does not raise novel legal or policy issues.

Regulatory Flexibility Act

    The Department certifies that this document will not have a 
significant economic effect on a substantial number of small entities 
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). The rule 
affects a number of Indian Communities throughout the nation but the 
impact is not adverse because the financial assistance programs have 
been in operation for many years and this regulation does not increase 
cases and expenditures over prior year totals because it is dependent 
upon the extent of need.

Small Business Regulatory Enforcement Fairness Act (SBREFA)

    This rule is not a major rule under 5 U.S.C. 804(2), the Small 
Business Regulatory Enforcement Fairness Act. This rule:
    a. Does not have an annual effect on the economy of $100 million or 
more. The financial assistance funds are

[[Page 24297]]

divided up between 400 Indian communities based upon need.
    b. Will not cause a major increase in costs or prices for 
consumers, individual industries, Federal, State, or local government 
agencies, or geographic regions. This rule provides guidance for a 
welfare benefit program and will not affect payment levels of eligible 
clients nor cause increases or decreases in existing caseloads or total 
expenditures.
    c. Does not have significant adverse effects on competition, 
employment, investment, productivity, innovation, or the ability of 
U.S.-based enterprises to compete with foreign-based enterprises. This 
program is a welfare benefit program and does not affect local 
enterprises.

Unfunded Mandates Reform Act

    This rule does not impose an unfunded mandate on State, local, or 
tribal governments or the private sector of more than $100 million per 
year. The rule does not have a significant or unique effect on State, 
local, or tribal governments or the private sector. A statement 
containing the information required by the Unfunded Mandates Reform Act 
(1 U.S.C. 1531, et seq.) is not required.

Takings (E.O. 12630)

    In accordance with Executive Order 12630, the rule does not have 
significant takings implications. A takings implication assessment is 
not required.

Federalism (E.O. 12612)

    In accordance with Executive Order 12612 this rule does not have 
significant Federalism effects. A Federalism assessment is not 
required.

Civil Justice Reform (Executive Order 12988)

    In accordance with Executive Order 12988, the Office of the 
Solicitor has determined that this rule does not unduly burden the 
judicial system and meets the requirements of sections 3(a) and 3(b)(2) 
of the Order.

Paperwork Reduction Act

    This regulation requires an information collection from 10 or more 
parties and a submission under the Paperwork Reduction Act is required. 
An OMB Form 83-I has been reviewed by the Department and sent to OMB 
for approval.
    The Paperwork Reduction Act submission is BIA Financial Assistance 
and Social Services Program, form number OMB 1076-0017. The Bureau has 
reviewed the information needed and reduced the amount of information 
being collected. The information collection takes 15 minutes for 
200,000 respondents for a burden of 50,000 hours. The information 
collection will be used to make decisions within the framework of the 
financial assistance program, such as determining eligibility, ensuring 
uniformity of services, and maintaining current records for audit 
purposes. The information collection is required to obtain or retain a 
benefit. Information covered by the Privacy Act will be kept 
confidential as required by regulation. Please note that an agency may 
not collect or sponsor, and a person is not required to respond to, a 
collection of information unless it displays a currently valid OMB 
control number.
    The Paperwork Reduction Act submission began as a separate issue in 
order to allow the tribes to continue working with the family 
assistance programs while the rule was being revised. The notice of 
reinstatement for this information collection was published in the 
Federal Register for a 60 day notice period, and recently for a 30 day 
period (63 FR 30771 of December 21, 1998 and 63 FR 70414 of March 31, 
1999 respectively). The Federal Register Notices specifically requested 
comments concerning:
    1. Whether the collection of information is necessary for the 
proper performance of the functions of the Bureau including whether the 
information will have practical utility;
    2. The accuracy of the Bureau's estimate of the burden of the 
information collection, including the validity of the methodology and 
assumptions used;
    3. The quality, utility, and clarity of the information to be 
collected; and,
    4. How to minimize the burden of the information collection on 
those who are to respond, including the use of appropriate automated 
electronic, mechanical or other forms of information technology.
    OMB received the request for clearance of this information 
collection March 31, 1999. You may send any comments about the 
collection to the Desk Officer for the Department of the Interior, 
Office of Information and Regulatory Affairs--Office of Management and 
Budget, 725 17th Street NW, Washington, DC 20503. OMB has up to 60 days 
to decide if the information collection will be approved; however, your 
comments will receive maximum consideration if they are received within 
the first 30 days.

National Environmental Policy Act

    This rule does not constitute a major Federal action significantly 
affecting the quality of the human environment. A detailed statement 
under the National Environmental Policy Act of 1969 is not required.

Clarity of This Regulation

    Executive Order 12866 requires each agency to write regulations 
that are easy to understand. We invite your comments on how to make 
this proposed rule easier to understand, including answers to questions 
such as the following: (1) Are the requirements in the proposed rule 
clearly stated? (2) Does the proposed rule contain technical language 
or jargon that interferes with its clarity? (3) Does the format of the 
proposed rule (grouping and order of sections, use of headings, 
paragraphing, etc.) aid or reduce its clarity? (4) Would the rule be 
easier to understand if it were divided into more (but shorter) 
sections? (A ``section'' appears in bold type and is preceded by the 
symbol ``Sec. '' and a numbered heading; for example, Sec. 20.300  What 
are the basic eligibility criteria?) (5) Is the description of the 
proposed rule in the ``supplementary information'' section of this 
preamble helpful in understanding the proposed rule? What else could we 
do to make the proposed rule easier to understand?
    Send a copy of any comments that concern how we could make this 
proposed rule easier to understand to: Office Regulatory Affairs, 
Department of the Interior, Room 7229, 1849 C Street NW, Washington, DC 
20240. You may also e-mail the comments to this address: 
E[email protected]

List of Subjects in 25 CFR Part 20

    Administrative practice and procedures, Child welfare, Indians-
Social welfare, Public assistance programs.

    For the reasons set out in the preamble, Part 20 of Title 25, 
Subchapter D, Chapter I of the Code of Federal Regulations is proposed 
to be amended as set forth below:

SUBCHAPTER D--HUMAN SERVICES

PART 20--FINANCIAL ASSISTANCE AND SOCIAL SERVICES PROGRAMS

Subpart A--Definitions, Purpose and Policy

Sec.
20.100  What definitions clarify the meaning of the provisions of 
this part?
20.101  What is the purpose of this part?
20.102  What is the Bureau's policy in providing financial 
assistance and social services under this part?
20.103  Have the information collection requirements in this part 
been approved by the Office of Management and Budget?

[[Page 24298]]

Subpart B--Welfare Reform

20.200 What contact will the Bureau maintain with state, tribal, 
county, local, and other Federal agency programs?
20.201  How does the Bureau designate service area and what 
information is required?
20.202  What does financial assistance include?
20.203  What is a tribal redesign plan?
20.204  Can a tribe incorporate assistance from other sources into a 
tribal redesign plan?
20.205  Must all tribes develop a tribal redesign plan?
20.206  Can tribes change eligibility criteria or levels of payments 
for General Assistance?
20.207  Must a tribe get approval for a tribal redesign plan?
20.208  Can a tribe use savings from a tribal redesign plan to meet 
other priorities of the tribe?
20.209  What if the tribal redesign plan leads to increased costs?
20.210  Can a tribe operating under a tribal redesign plan go back 
to operating under this part?
20.211  Can eligibility criteria or payments for Burial Assistance, 
Child Assistance, and Disaster Assistance change?

Subpart C--Direct Assistance

20.300  What are the basic eligibility criteria?
20.301  What is the goal of General Assistance?
20.302  Are Indian applicants required to seek assistance through 
TANF?
20.303  When is an applicant eligible for General Assistance?
20.304  When will the Bureau review eligibility for General 
Assistance?
20.305  What does redetermination involve?
20.306  What is the payment standard for General Assistance?
20.307  What resources does the Bureau consider when determining 
need?
20.308  What does earned income include?
20.309  What does unearned income include?
20.310  What recurring income must be prorated?
20.311  What deducted amounts will be disregarded from the gross 
amount of earned income?
20.312  What amounts will be disregarded from income or other 
resources?
20.313  How will the Bureau compute financial assistance payments?
20.314  What is the policy on employment?
20.315  When is the employment policy not applicable?
20.316  What must a person covered by the employment policy do?
20.317  How will the ineligibility period be implemented?
20.318  What case management responsibilities does the social 
services worker have?
20.319  What responsibilities does the general assistance recipient 
have?
20.320  What is TWEP?
20.321  Does TWEP allow incentive payment?
20.322  Who is eligible to receive a TWEP incentive payment?
20.323  Will the local TWEP be required to have written program 
procedures?
20.324  When can the Bureau provide Burial Assistance?
20.325  What is the process for making application for Burial 
Assistance for eligible Indians?
20.326  When are the related transportation expenses covered by 
Burial Assistance?
20.327  When can the Bureau provide Disaster Assistance?
20.328  How can a tribe apply for Disaster Assistance?
20.329  When can the Bureau provide Emergency Assistance payments?
20.330  What is the payment standard for Emergency Assistance?

Subpart D--Services to Children, Elderly, and Families

20.400  For whom should Services to Children, Elderly, and Families 
be provided?
20.401  What services are included under Services to Children, 
Elderly, and Families Services?

Subpart E--Child Assistance

20.500  What are the eligibility criteria for Child Assistance?
20.501  What are the rates of payment for foster care?
20.502  Can Child Assistance funds be used for placement of Indian 
children in treatment centers?
20.503  Can Child Assistance funds be used for Indian adoption 
subsidies or subsidized guardianships?
20.504  What eligibility requirements must be met for an Indian 
adoption subsidy or subsidized guardianship?
20.505  What is the payment standard for adoption and guardianship?
20.506  Can homemaker services be provided with Child Assistance?
20.507  What services are provided jointly with the Child Assistance 
Program?
20.508  What information is required in the foster care case file?
20.509  What are the requirements for foster care?
20.510  How is the court involved in foster care placements?
20.511  Should permanency plans be developed?
20.512  Can the Bureau/tribal contractors make Indian adoptive 
placements?
20.513  Should Interstate Compacts be used for the placement of 
children?
20.514  What assistance can the courts request from social services 
on behalf of children?
20.515  What is required for case management?
20.516  How are child abuse and neglect cases to be handled?

Subpart F--Administrative Procedures

620.600  How is an application for financial assistance or social 
services made?
20.601  From whom is eligibility information collected?
20.602  How is an application approved or denied?
20.603  How is an applicant or recipient notified that benefits or 
services are denied?
20.604  How is an incorrect payment adjusted or recovered?
20.605  What happens when applicants or recipients knowingly and 
willfully provide false, fictitious, or fraudulent information?

Subpart G--Hearings and Appeals

20.700  Can an applicant or recipient appeal the decision of a 
Bureau official?
20.701  Does an applicant or recipient receive financial assistance 
while an appeal is pending?
20.702  When is an appeal hearing scheduled?
20.703  What must the written notice of hearing include?
20.704  Who conducts the hearing or appeal from a Bureau decision or 
action and what is the process?
20.705  Can an applicant or recipient appeal a tribal decision?

    Authority: 25 U.S.C. 13; Pub. L. 102-477, 106 Stat. 2302; Pub. 
L. 104-193, 110 Stat. 2105; Pub. L. 105-83, 111 Stat. 1543.

Subpart A--Definitions, Purpose and Policy


Sec. 20.100  What definitions clarify the meaning of the provisions of 
this part?

    Appeal means a written request for correction of an action or 
decision of a specific program decision by a Bureau official 
(Sec. 20.700) or a tribal official (Sec. 20.705).
    Applicant means an Indian individual or person by or on whose 
behalf an application for financial assistance and/or social services 
has been made under this part.
    Application means the written process through which a request is 
made for financial assistance or social services.
    Area Director means the Bureau official in charge of an Area 
Office.
    Assistant Secretary means the Assistant Secretary--Indian Affairs.
    Authorized representative means a parent or other caretaker 
relative, conservator, legal guardian, foster parent, attorney, 
paralegal acting under the supervision of an attorney, friend or other 
spokesperson duly authorized and acting on behalf or representing the 
applicant or recipient.
    Bureau means the Bureau of Indian Affairs of the United States 
Department of the Interior.

[[Page 24299]]

    Bureau Standard of Assistance means payment standards established 
by the Assistant Secretary--Indian Affairs for burial, disaster, 
emergency, and adoption and guardianship subsidy. In accordance with 
Pub. L. 104-193, the Bureau standard of assistance for general 
assistance is the state rate for TANF in the state where the applicant 
lives. Child Assistance and foster care rates are in accordance with 
Title IV of the Social Security Act (49 Stat. 620) and Pub. L. 104-193.
    Burial assistance means a financial assistance payment made on 
behalf of an indigent eligible Indian person who meets the eligibility 
criteria to provide minimum burial expenses according to Bureau payment 
standards established by the Assistant Secretary--Indian Affairs.
    Case means all individuals in the household.
    Case management means the activity of a social services worker in 
assessing client and family problem(s), case planning, coordinating and 
linking services for clients, monitoring service provisions and client 
progress, advocacy, tracking and evaluating services provided, such as 
evaluation of child's treatment being concurrent with parent's 
treatment, and provision of aftercare service. Activities may also 
include resource development and providing other direct services such 
as accountability of funds, data collection, reporting requirements, 
and documenting activities in the case file.
    Case plan means a signed written plan with time limited goals which 
is developed and signed by the service recipient and social services 
worker. The case plan will include documentation of referral and 
ineligibility for other services. The plan must incorporate the steps 
needed to assist individuals and families to resolve social, economic, 
psychological, interpersonal, and/or other problems, to achieve self-
sufficiency and independence. All plans for children in foster care 
must include a time specific goal of the return of the child to the 
home or initiation of a guardianship/adoption.
    Child means an Indian person under the age of 18 or such other age 
of majority as may be established for purposes of parental support by 
tribal or state law (if any) applicable to the person at his or her 
residence, except that no person who has been emancipated by marriage 
will be deemed a child.
    Child assistance means financial assistance provided on behalf of 
an Indian child, or an Indian under age 18, who is not eligible for any 
other state or Federal assistance as documented in the case file and 
who requires placement in a foster home or specialized non-medical care 
facility, in accordance with standards of payments established by the 
state in which they reside pursuant to the foster care program under 
Title IV of the Social Security Act (49 Stat. 620), or has special 
needs as specified in Sec. 20.100 (pp).
    Designated representative means an official of the Bureau who is 
designated by a Superintendent to hold a hearing as prescribed in 
Secs. 20.700 through 20.705 and who has had no prior involvement in the 
proposed decision under Sec. 20.602 and whose hearing decision under 
Secs. 20.700 through 20.705 will have the same force and effect as if 
rendered by the Superintendent.
    Disaster means a situation where a Tribal Community is adversely 
effected by a natural disaster or other forces which pose a threat to 
life, safety, or health as specified in Secs. 20.327 and 20.328.
    Emergency means a situation where an individual or family's home 
and personal possessions are either destroyed or damaged through forces 
beyond their control as specified in Sec. 20.329.
    Employable means an eligible Indian person who is physically and 
mentally able to obtain employment, and who is not exempt from seeking 
employment in accordance with the criteria specified in Sec. 20.315.
    Essential needs means shelter, food, clothing and utilities, as 
included in the standard of assistance in the state where the eligible 
applicant lives.
    Extended family means persons related by blood, marriage or as 
defined by Indian custom.
    Family assessment means a social services evaluation of a family's 
abilities and resources to provide the necessary care and supervision 
for the child(ren), and individuals within the family's current living 
situation and is included in the case file.
    Foster care services means those social services provided when an 
Indian child lives away from the family home.
    General Assistance means a secondary or residual source of 
financial assistance payments to eligible Indian individuals for 
essential needs as provided and pursuant to Secs. 20.300 through 
20.319.
    Head of household means the persons in the household with whom the 
household members live and who makes application for benefits.
    Homemaker services means those non-medical services purchased or 
contracted for individuals who are not eligible for any other programs 
such as Medicaid/Medicare as documented in the case file. These 
individuals must be under the supervision of a social services agency 
which is administered by a person trained in such skills as child care 
and home management to prevent out-of-home placement.
    Household means persons living together who may or may not be 
related to the ``head of household.''
    Indian means any person who is a member of any of those tribes 
listed in the Federal Register pursuant to 25 CFR part 83, as 
recognized by and receiving services from the Bureau of Indian Affairs.
    Indian court means Indian tribal court or court of Indian offenses.
    Indian tribe means an Indian or Alaskan Native tribe, band, nation, 
pueblo, village, or community that the Secretary of the Interior 
acknowledges to exist as an Indian tribe pursuant to Pub. L. 103-454, 
108 Stat. 4791.
    Individual Self-sufficiency Plan (ISP) means a plan designed to 
meet the goal of employment through specific action steps and is 
incorporated within the case plan. The plan is jointly developed and 
signed by the general assistance recipient and social services worker.
    Need means the deficit after consideration of income and other 
resources necessary to meet the cost of essential need items and 
special need items as defined by the Bureau standard of assistance for 
the state in which the applicant or recipient resides.
    Non-medical care means financial assistance for room and board 
services for individuals in non-medical care facilities. These 
individuals must not be eligible for SSI or any other Federal or state 
programs and this information must be documented in the case file.
    Permanency plan means the documentation in a case plan which 
provides for permanent living alternatives for the child(ren) in foster 
care who are not eligible for any other Federal or state program. 
Permanency plans are developed in accordance with tribal, cultural, and 
tribal/state legal standards when the parent or guardian is unable to 
resolve the issues that require out of home placement of the 
child(ren).
    Protective services means those services necessary to protect an 
individual who is the victim of an alleged and/or substantiated abuse 
or neglect incident. In coordination with law enforcement and tribal 
courts, this may include placement of the individual out of the home to 
assure the safety of the individual while the allegations are being 
investigated. Social workers will not remove individuals

[[Page 24300]]

from their homes without a court order except in life or death 
situations. Protective services can also include provision of social 
services in the home, the coordination and referral to other programs/
services and the involvement of Child Protection and/or Multi-
Disciplinary Teams.
    Public assistance means those programs of financial assistance 
provided by state, tribal, county, local and Federal organizations 
including programs under Title IV of the Social Security Act (49 Stat. 
620), as amended, and (Pub. L. 104-193).
    Recipient is an individual or person who has been determined as 
eligible through documentation in the case file and is receiving 
financial assistance or social services under this part.
    Recurring income means any cash or in kind payment, earned or 
unearned, received on a monthly, quarterly, semiannual, or annual 
basis.
    Resources means income and other liquid assets available to an 
Indian person or household to meet current living costs, unless 
otherwise specifically excluded by Federal statute. Liquid assets are 
those properties in the form of cash or other financial instruments 
which can be converted to cash, such as savings or checking accounts, 
promissory notes, mortgages and similar properties, and retirements and 
annuities.
    Secretary means the Secretary of the Interior.
    Service area means:
    (1) Reservations; and/or
    (2) Areas adjacent or adjoining reservations; and/or
    (3) Allotments outside the reservations; and/or
    (4) Areas defined as reservations or service areas by statute; and/
or
    (5) Other defined areas designated by the Assistant Secretary--
Indian Affairs pursuant to this part.
    Services to children, elderly and families means social services, 
including protective services, not including money payments, provided 
through the social work skills of casework, group work or community 
development to assist in solving social problems involving children, 
elderly and families.
    Special needs means a financial assistance payment made to or on 
behalf of individuals who have extenuating, non-medical circumstances 
which warrant a one-time annual financial assistance payment when other 
resources are not available and the circumstances are documented in the 
case files.
    Subsidized guardianship means a payment of a monthly subsidy, not 
to exceed two years, for the child(ren) in long-term, court approved 
guardianship placements. The children must not be eligible for any 
other Federal or state program and this must be documented in the case 
file.
    Substitute care means the provision of foster care or any in-home, 
out of home, or relative placement of the child(ren) by someone other 
than a parent.
    Superintendent means the Bureau official in charge of an Agency 
Office.
    Supplemental Security Income (SSI) means those programs of 
assistance provided under Title XVI of the Social Security Act (49 
Stat. 620), as amended.
    Temporary Assistance for Needy Families (TANF) means one of the 
programs of financial assistance provided under the Personal 
Responsibility and Work Opportunity Reconciliation Act of 1996, 
(PRWORA).
    Tribal governing body means the federally recognized governing body 
of an Indian tribe.
    Tribal redesign plan means a tribally designed method for changing 
general assistance eligibility and/or payment levels in accordance with 
appropriation language so as to reduce dependence on general assistance 
as specified in Secs. 20.203 through 20.211.
    Tribal Work Experience Program (TWEP) means a program operated by 
tribal contract/grant or self-governance annual funding agreement, 
which provides eligible participants with work experience and training 
that promotes and preserves work habits and develops work skills aimed 
toward self-sufficiency. The Bureau payment standard is established by 
the Assistant Secretary--Indian Affairs.
    Unemployable means a person who meets the criteria specified in 
Sec. 20.315.


Sec. 20.101  What is the purpose of this part?

    The regulations in this part govern the provision of Child 
Assistance, General Assistance, and Services to Children, Elderly and 
Families to eligible Indians.


Sec. 20.102  What is the Bureau's policy in providing financial 
assistance and social services under this part?

    (a) The Bureau can provide assistance under this part to eligible 
Indians when financial assistance or social services are either not 
available or not provided by State, tribal, county, local and other 
Federal agencies.
    (b) Bureau social services programs will not be used to supplement 
or supplant other programs.
    (c) Bureau financial assistance and social services are subject to 
annual Congressional appropriations.


Sec. 20.103  Have the information collection requirements in this part 
been approved by the Office of Management and Budget?

    The information collection requirements contained in Secs. 20.300, 
20.400, and 20.500 have been submitted for clearance to the Office of 
Management and Budget under 44 U.S.C. 35d et seq. The notice of 
reinstatement for this information collection was published in the 
Federal Register on March 31, 1999.

Subpart B--Welfare Reform


Sec. 20.200  What contact will the Bureau maintain with State, tribal, 
county, local, and other Federal agency programs?

    We will coordinate all financial assistance and social services 
programs with State, tribal, county, local and other Federal agency 
programs to ensure that the financial assistance and social services 
program avoids duplication of assistance.


Sec. 20.201  How does the Bureau designate a service area and what 
information is required?

    (a) The geographic boundaries of reservations for those tribes 
having reservations defines their service area.
    (b) The Assistant Secretary--Indian Affairs can designate service 
areas for financial assistance or social services to:
    (1) Tribes having no reservations;
    (2) Tribes having no areas adjacent or adjoining reservations;
    (3) Tribes having no allotments outside the reservations;
    (4) Tribes having no areas defined as reservations or service areas 
by statute; or
    (5) Tribes having no other defined areas designated by the 
Assistant Secretary--Indian Affairs.
    (c) If you are a tribe requesting service area designation you must 
submit a resolution that certifies that:
    (1) Tribal members and their Indian family members residing within 
the service area are socially, culturally, and economically affiliated 
with your tribe and service area.
    (2) The proposed service area will not include counties or parts 
thereof that have reasonably available comparable services.
    (d) You must provide documentation showing that:
    (1) The area is administratively feasible (that is, it can allow us 
to provide an adequate level of services to the Indian people residing 
in the area);
    (2) The area is near the Indian Community;
    (3) No duplication of services exists; and
    (4) All eligible Indians will be served.
    (e) You must send documentation to the Area Director who will 
certify its

[[Page 24301]]

accuracy and make recommendations to the Assistant Secretary--Indian 
Affairs. The Assistant Secretary--Indian Affairs can make a 
determination to approve and publish notice of the designation of 
service area and the Indians to be served in the Federal Register.


Sec. 20.202  What does financial assistance include?

    The following types of assistance are included in financial 
assistance:
    (a) Burial Assistance for indigent burials;
    (b) Child Assistance for children in foster home care, children in 
need of adoption or guardianship, children in need of residential care, 
and children with special needs;
    (c) Disaster Assistance in cases where the Federal Emergency 
Management Agency (FEMA) or the Red Cross do not provide assistance.
    (d) Emergency Assistance for essential needs to prevent hardship 
caused by burnout, flooding of homes, or other life threatening 
situations that may cause loss or damage of personal possessions; and
    (e) General Assistance for basic essential needs.


Sec. 20.203  What is a tribal redesign plan?

    (a) A tribal redesign plan allows a tribe to:
    (1) Change eligibility for general assistance in the service area; 
or
    (2) Change the amount of general assistance payments for 
individuals within the service area.
    (b) If you develop a tribal redesign plan it must:
    (1) Treat all persons in the same situation equally; and
    (2) Not result in additional expenses for the Bureau.


Sec. 20.204  Can a tribe incorporate assistance from other sources into 
a tribal redesign plan?

    Yes. A tribe may incorporate an HHS-approved TANF tribal welfare 
plan and associated funding into a Pub. L. 102-477 grant, a Pub. L. 
103-413 self-governance annual funding agreement, or a tribal redesign 
plan.


Sec. 20.205  Must all tribes submit a tribal redesign plan?

    No. You must submit a tribal redesign plan under Sec. 20.206 only 
if you want to change the way that the General Assistance program 
operates in your service area.


Sec. 20.206  Can tribes change eligibility criteria or levels of 
payments for General Assistance?

    Yes. If you have a redesign plan you can administer General 
Assistance programs under a Pub. L. 93-638 self-determination contract, 
a Pub. L. 102-477 grant, or a Pub. L. 103-413 self-governance annual 
funding agreement by changing eligibility criteria or levels of payment 
for General Assistance. A Bureau servicing office can administer a 
tribal redesign plan as requested by a tribal resolution.


Sec. 20.207  Must a tribe get approval for a tribal redesign plan?

    (a) If you have a Pub. L. 93-638 contract or receive direct 
services from us, you must obtain approval from the Area Director or a 
Bureau servicing office before developing a redesign plan. You must 
submit your redesign plan for approval at least three months before the 
effective date in accordance with Pub. L. 93-638 as amended and part 
900.
    (b) If you operate with a self-governance annual funding agreement 
or Pub. L. 102-477 grant you must ask the appropriate Area Director to 
make a recommendation for approval of the redesign. The Assistant 
Secretary--Indian Affairs will consider the Area Director's 
recommendation for approval before making a final decision.


Sec. 20.208  Can a tribe use savings from a tribal redesign plan to 
meet other priorities of the tribe?

    Yes. You may use savings from a redesign to meet other priorities.


Sec. 20.209  What if the tribal redesign plan leads to increased costs?

    The tribe must meet any increase in costs to the General Assistance 
program that result solely from tribally increased payment levels due 
to a redesign plan.


Sec. 20.210  Can a tribe operating under a tribal redesign plan go back 
to operating under this part?

    Yes. A tribe operating under a tribal redesign plan can choose to 
return to operation of the program as provided in Secs. 20.300 through 
20.323.


Sec. 20.211  Can eligibility criteria or payments for Burial 
Assistance, Child Assistance, and Disaster Assistance change?

    No. Neither the Bureau nor a tribe may change eligibility criteria 
or levels of payment for Burial Assistance, Child Assistance, Disaster 
Assistance, and Emergency Assistance awarded in Pub. L. 93-638 
contracts, Pub. L. 102-477 grants, Pub. L. 103-413 self-governance 
annual funding agreements.

Subpart C--Direct Assistance


Sec. 20.300  What are the basic eligibility criteria?

    To meet basic eligibility criteria for assistance or services under 
this part the applicant must:
    (a) Be a member of an Indian tribe or be a one-fourth degree or 
more blood quantum descendant of a member of any Indian tribe; and
    (b) Not have sufficient resources to meet the essential need items 
defined by the Bureau standard of assistance; and
    (c) Reside in the service area as defined in Sec. 20.100; and
    (d) Meet the additional eligibility criteria for each of the 
specific programs of financial assistance or social services in 
Secs. 20.301 through 20.516.


Sec. 20.301  What is the goal of General Assistance?

    The goal of the General Assistance program is to increase self-
sufficiency. Each General Assistance recipient must work with the 
social services worker to develop and sign an Individual Self-
Sufficiency Plan (ISP). The plan must outline the specific steps the 
individual will take to increase independence by meeting the goal of 
employment.


Sec. 20.302  Are Indian applicants required to seek assistance through 
TANF?

    Yes. All Indian applicants with dependent children are required to 
apply for TANF and follow TANF regulations.


Sec. 20.303  When is an applicant eligible for General Assistance?

    To be eligible for General Assistance an applicant must:
    (a) Meet the criteria contained in Sec. 20.300;
    (b) Not have sufficient resources to meet the essential need items 
defined by the Bureau standard of assistance; and
    (c) Apply concurrently for financial assistance from other State, 
tribal, county, local, or other Federal agency programs for which he/
she is eligible;
    (d) Not receive TANF, Supplemental Security Income (SSI), or 
benefits from other state or Federal entitlement programs; and
    (e) Develop with a social services worker and sign an employment 
strategy to meet the goal of employment through specific action steps 
including job readiness and job search activities.


Sec. 20.304  When will the Bureau review eligibility for General 
Assistance?

    The Bureau will review eligibility for General Assistance:
    (a) Whenever there is an indication of a change in status which can 
affect a recipient's eligibility or amount of

[[Page 24302]]

assistance. Recipients are required to immediately inform the social 
services office of any such changes;
    (b) Not less than every 3 months for individuals who are not exempt 
from seeking or accepting employment in accordance with Sec. 20.315 or 
the ISP; and
    (c) Not less than every 6 months for all recipients.


Sec. 20.305  What does redetermination involve?

    (a) Redetermination assesses the need for continued financial 
assistance as outlined in Sec. 20.304. It includes:
    (1) A home visit;
    (2) An estimate of income, living circumstances, household 
composition for the month(s) for which financial assistance is to be 
provided; and
    (3) Appropriate revisions to the case plan.
    (b) The social services worker will make a decision as to whether 
the recipient will continue to receive general assistance based on 
paragraph (a) of this section.


Sec. 20.306  What is the payment standard for General Assistance?

    (a) Under Pub. L. 104-193, the Bureau must use the same TANF 
payment standard (and any associated rateable reduction) that exists in 
the State or service area where the applicant or recipient resides. 
This payment standard is the amount from which the Bureau subtracts net 
income and resources to determine General Assistance eligibility and 
payment levels;
    (b) If the State does not have a standard for an adult, we will use 
either the difference between the standard for a child and the standard 
for a household of two, or one-half of the standard for a household of 
two, whichever is greater; and
    (c) If the State does not have a TANF program, we will use the AFDC 
payment standard which was in effect on September 30, 1995, in the 
State where the applicant or recipient resides.


Sec. 20.307  What resources does the Bureau consider when determining 
need?

    When the Bureau determines General Assistance eligibility and 
payment levels, we consider income and other resources as specified in 
Secs. 20.308 and 20.309.
    (a) All earned or unearned income must be calculated as income in 
the month it is received and as a resource thereafter, except that 
certain income obtained from the sale of real or personal property may 
be exempt as provided in Sec. 20.309.
    (b) Resources are considered to be available when they are 
liquidated and when the applicant or recipient has a legal interest in 
the liquidated sum, as defined in Sec. 20.100.


Sec. 20.308  What does earned income include?

    Earned income is cash or any in-kind payment earned in the form of 
wages, salary, commissions, or profit, from activities by an employee 
or self-employed individual. Earned income include:
    (a) Any one-time payment to an individual for activities which were 
sustained over a period of time (for example, the sale of farm crops, 
livestock, artwork, crafts and beading); and
    (b) With regard to self-employment, total profit from a business 
enterprise (i.e., gross receipts less expenses incurred in producing 
the goods or services). Business expenses do not include depreciation, 
personal business and entertainment expenses, personal transportation, 
capital equipment purchases, or principal payments on loans for capital 
assets or durable goods.


Sec. 20.309  What does unearned income include?

    Unearned income includes, but is not limited to:
    (a) Income from interest; oil and gas and other mineral royalties; 
gaming income per capita distributions; rental property; cash 
contributions, such as child support and alimony; gaming winnings; 
retirement;
    (b) Annuities, veteran's disability, unemployment benefits, and 
Federal and State tax refunds;
    (c) Per capita payments not excluded by Federal statute;
    (d) Income from sale of trust land and real or personal property 
that is set aside for reinvestment in trust land or a primary 
residence, but has not been reinvested in trust land or a primary 
residence at the end of one year from the date the income was received;
    (e) In-kind contributions providing shelter at no cost to the 
individual or household, this must equal the amount for shelter 
included in the State standard, or 25 percent of the State standard, 
whichever is less; and
    (f) Financial assistance provided by a State, tribal, county, 
local, or other Federal agency.


Sec. 20.310  What recurring income must be prorated?

    The following recurring income is prorated:
    (a) Recurring income received by individuals over a 12-month period 
for less than a full year's employment (for example, income earned by 
teachers who are not employed for a full year);
    (b) Income received by individuals employed on a contractual basis 
over the term of a contract; and
    (c) Intermittent income received quarterly, semiannually, or yearly 
over the period covered by the income.


Sec. 20.311  What deducted amounts will be disregarded from the gross 
amount of earned income?

    (a) The social services worker will disregard the following amounts 
from the earned income:
    (1) Other Federal, State, and local taxes;
    (2) Social Security (FICA);
    (3) Health insurance;
    (4) Work related expenses, including reasonable transportation 
costs;
    (5) Child care costs, except where the other parent in the home is 
not working or is not disabled; and
    (6) The cost of special clothing, tools, and equipment directly 
related to the individual's employment.
    (b) For self-employed individuals, the social services worker will 
deduct the costs of conducting business and all of the amounts in 
paragraph (a) of this section.


Sec. 20.312  What amounts will be disregarded from income or other 
resources?

    The social services worker will disregard the following amounts 
from income, or other resources:
    (a) The first $2,000 of liquid resources annually available to the 
household;
    (b) Any home produce from a garden, livestock, and poultry used by 
the applicant or recipient and his/her household for their consumption; 
and
    (c) Resources specifically excluded by Federal statute.


Sec. 20.313  How will the Bureau compute financial assistance payments?

    (a) The social services worker will compute financial assistance 
payments by:
    (1) Calculating the difference between the Bureau standard of 
assistance and all resources calculated under Secs. 20.307 through 
20.310;
    (2) Applying the rateable reduction or maximum payment level used 
by the State where the applicant lives;
    (3) Deducting an amount for shelter (see paragraph (b) of this 
section for details on how to calculate a shelter amount); and
    (4) Rounding the result down to the next lowest dollar.
    (b) The social services worker must calculate a shelter amount for 
purposes of paragraph (a)(3) of this section. To calculate the shelter 
amount:
    (1) The shelter amount must not exceed the amount for shelter in 
the State TANF standard;

[[Page 24303]]

    (2) If the State TANF does not specify an amount for shelter, the 
social services worker must calculate the amount as 25 percent of the 
total State TANF payment; and
    (3) If there is more than one household in a dwelling, the social 
services worker must prorate the actual shelter cost among the 
households receiving General Assistance; this amount cannot exceed the 
amount in the standard for individuals in similar circumstances. The 
head of each household is responsible for his/her portion of the 
documented shelter cost.
    (c) The social services worker must not provide General Assistance 
payments for any period before the date of the application for 
assistance.


Sec. 20.314  What is the policy on employment?

    (a) An applicant or recipient must:
    (1) Actively seek employment, including the use of available State, 
tribal, county, local or Bureau-funded employment services;
    (2) Make satisfactory progress in an ISP; and
    (3) Accept local and seasonable employment when it is available.
    (b) A head of household who does not comply with this section will 
not be eligible for General Assistance for a period of at least 60 days 
but not more than 90 days. This action must be documented in the case 
file.


Sec. 20.315  When is the employment policy not applicable?

    The employment policy in Sec. 20.314 does not apply to the persons 
shown in the following table.

------------------------------------------------------------------------
  The employment policy in
 Sec.  20.314 does not apply        if * * *              and * * *
          to * * *
------------------------------------------------------------------------
(a) Anyone younger than 16..
(b) A full-time student       he/she is attending   he/she is making
 under the age of 19.          an elementary or      satisfactory
                               secondary school or   progress.
                               a vocational or
                               technical school
                               equivalent to a
                               secondary school.
(c) A person enrolled at      he/she is making      he/she was an active
 least half-time in a          satisfactory          General Assistance
 program of study under        progress.             recipient for a
 Section 5404 of Pub. L. 100-                        minimum of 3 months
 297.                                                before
                                                     determination/
                                                     redetermination of
                                                     eligibility.
(d) A person suffering from   it is documented in
 a temporary medical injury    the case plan that
 or illness.                   the illness or
                               injury is serious
                               enough to
                               temporarily prevent
                               employment.
(e) An incapacitated person   a physician,          the assessment is
 who has not yet received      psychologist, or      documented in the
 Supplemental Security         social services       case plan.
 Income (SSI) assistance.      worker certifies
                               that a physical or
                               mental impairment
                               (either by itself,
                               or in conjunction
                               with age) prevents
                               the individual from
                               being employed.
(f) A caretaker who is        a physician or        the case plan
 responsible for a person in   certified             documents that: the
 the home who has a physical   psychologist          condition requires
 or mental impairment.         verifies the          the caretaker to be
                               condition.            home on a virtually
                                                     continuous basis;
                                                     and there is no
                                                     other appropriate
                                                     household member
                                                     available.
(g) A parent or other         he/she personally
 individual who does not       provides full-time
 have access to child care.    care to a child
                               under the age of
                               six.
(h) A person for whom         there is a minimum
 employment is not             commuting time of
 accessible.                   one hour each way.
------------------------------------------------------------------------

Sec. 20.316  What must a person covered by the employment policy do?

    (a) If you are covered by the employment policy in Sec. 20.314, you 
must seek employment and provide evidence of your monthly efforts to 
obtain employment in accordance with your ISP.
    (b) If you do not seek and accept available local and seasonal 
employment, or you quit a job without good cause, you cannot receive 
General Assistance for a period of at least 60 days but not more than 
90 days after you refuse or quit a job.


Sec. 20.317  How will the ineligibility period be implemented?

    (a) If you refuse or quit a job, your ineligibility period will 
continue until you seek and accept appropriate available local and 
seasonal employment and fulfill your obligations already agreed to in 
the ISP.
    (b) The Bureau will reduce your suspension period by 30 days when 
you show that you have sought local and seasonal employment in 
accordance with the ISP; and
    (c) Your eligibility suspension will affect only you. The Bureau 
will not apply it to other eligible members of the household.


Sec. 20.318  What case management responsibilities does the social 
services worker have?

    In working with each recipient, you, the social services worker 
must:
    (a) Assess the general employability of the recipient;
    (b) Assist the recipient in the development of the ISP;
    (c) Sign the ISP;
    (d) Help the recipient identify the service(s) needed to meet the 
goals identified in their ISP;
    (e) Monitor and supervise recipient participation in work related 
training and other employment assistance programs; and
    (f) Document activities in the case file.


Sec. 20.319  What responsibilities does the general assistance 
recipient have?

    In working with the social services worker, you the recipient must:
    (a) Participate with the social services worker in developing an 
ISP and sign the ISP;
    (b) Perform successfully in the work related activities, community 
service, training and/or other employment assistance programs developed 
in the ISP;
    (c) Participate successfully in treatment and counseling services 
identified in the ISP;
    (d) Participate in evaluations of job readiness and or any other 
testing required for employment purposes; and
    (e) Demonstrate that you are actively seeking employment by 
providing the social services worker with evidence of job search 
activities as required in the ISP.

[[Page 24304]]

Sec. 20.320  What is TWEP?

    TWEP is a program that provides work experience and job skills to 
enhance potential job placement for the general assistance recipient. 
TWEP programs can be incorporated within Pub. L. 93-638 self-
determination contracts, Pub. L. 102-477 grants, and Pub. L. 103-413 
self-governance annual funding agreements at the request of the tribe.


Sec. 20.321  Does TWEP allow an incentive payment?

    Yes. Incentive payments to participants are separate and will not 
be considered as wages or work related expenses, but as grant 
assistance payments under Secs. 20.320 through 20.323. Incentive 
payments will not exceed the Bureau maximum payment standard 
established by the Assistant Secretary--Indian Affairs. The payment 
standard will be reviewed periodically to determine if revision is 
necessary.


Sec. 20.322  Who is eligible to receive a TWEP incentive payment?

    (a) Consistent with the ISP, in situations where the participation 
is mandatory and the recognized head of the family unit is certified as 
unemployable, an alternate member of the assistance group, such as the 
spouse or another adult, will be designated as available for the TWEP 
incentive payment.
    (b) Where there are multiple family units in one household, one 
member of each family unit will be eligible to receive the TWEP 
incentive payment.


Sec. 20.323  Will the local TWEP be required to have written program 
procedures?

    Yes. The local TWEP must have specific written program procedures 
that cover hours of work, acceptable reasons for granting leave from 
work, evaluation criteria and monitoring plans and ISP's for 
participants. Work readiness progress must be documented in each ISP.


Sec. 20.324  When can the Bureau provide Burial Assistance?

    In the absence of other resources, the Bureau can provide Burial 
Assistance for eligible indigent Indians meeting the requirements 
prescribed in Sec. 20.300.


Sec. 20.325  What is the process for making application for Burial 
Assistance for eligible Indians?

    (a) The application is made on behalf of the deceased who is 
considered the applicant. Determination of eligibility is based on the 
income and resources available to him/her in accordance with 
Sec. 20.100(mm). This includes but is not limited to SSI, veterans 
death benefits, social security, and Individual Indian Money (IIM) 
accounts. Determination of need will be accomplished on a case by case 
basis using the Bureau payment standard.
    (b) Requests and applications for Burial Assistance must be 
submitted within 30 days following death.
    (c) Applications are subject to eligibility determinations in 
accordance with criteria specified at Sec. 20.300.
    (d) The approved payment standard will not exceed the Bureau 
maximum burial payment standard which will be established by the 
Assistant Secretary--Indian Affairs 60 days after this rule is 
published in final. The payment standard will be reviewed periodically 
to determine if revision is necessary.


Sec. 20.326  When are the related transportation expenses covered by 
Burial Assistance?

    Transportation costs directly associated with burials are normally 
a part of the established burial rate. In those instances where an 
additional transportation charge is added to the burial rate because of 
extenuating circumstances, the social services worker can pay the added 
charge. However, the social services worker will ensure that these 
charges are reasonable, equitable, and apply to burials for eligible 
indigent individuals who are socially, culturally, and economically 
affiliated with their tribes and who have not resided out of the 
service area for a period of time exceeding six consecutive months and 
this must be documented in the case plan.


Sec. 20.327  When can the Bureau provide Disaster Assistance?

    Disaster assistance is immediate and or short term relief from a 
disaster and can be provided to a tribal community when services are 
not provided by FEMA or Red Cross in accordance to Sec. 20.328.


Sec. 20.328  How can a tribe apply for Disaster Assistance?

    (a) The tribe affected by the disaster is considered the applicant 
and must submit the following to the Area Director through the local 
Superintendent:
    (1) A tribal resolution requesting disaster assistance; and
    (2) A copy of county, state, or Presidential declaration of 
disaster; and
    (3) The projected extent of need in the service area not covered by 
other Federal funding sources.
    (b) The Area Director must forward the above tribal documents and 
his/her recommendation to the Assistant Secretary--Indian Affairs for 
final decision on whether disaster assistance will be provided and to 
what extent.


Sec. 20.329  When can the Bureau provide Emergency Assistance payments?

    Emergency Assistance payments can be provided to individuals or 
families who suffer from a burn out, flood, or other destruction of 
their home and loss or damage to personal possessions and will be 
limited to essential needs and other non-medical necessities.


Sec. 20.330  What is the payment standard for Emergency Assistance?

    The approved payment standard will not exceed the Bureau's maximum 
Emergency Assistance payment standard which will be established by the 
Assistant Secretary--Indian Affairs 60 days after this rule is 
published in final. The payment standard will be reviewed periodically 
to determine if revision is necessary.

Subpart D--Services to Children, Elderly, and Families


Sec. 20.400  For whom should Services to Children, Elderly, and 
Families be provided?

    Services to Children, Elderly, and Families will be provided for 
Indians meeting the requirements prescribed in Sec. 20.300 who request 
such services or on whose behalf such services are requested.


Sec. 20.401  What services are included under Services to Children, 
Elderly and Families?

    Services to Children, Elderly, and Families can include, but are 
not limited to, the following:
    (a) Assistance in solving problems related to family functioning, 
interpersonal relationships, economic opportunity, money management, 
and referral to the appropriate resource for problems related to 
illness, physical or mental handicaps, drug abuse, alcoholism, and 
violation of law.
    (b) Protective services are provided when children or adults are 
deprived temporarily or permanently of needed supervision by 
responsible adults, or are neglected, exploited, or need services when 
they are mentally or physically handicapped or otherwise disabled. 
Protective services for children and associated case management data 
have been developed for protective services, and will continue to be 
consolidated for nationwide reporting as per Pub. L. 101-630 and Pub. 
L. 99-570. Such services can include, but are not limited to, the 
following:
    (1) Response to requests from members of the community on behalf of 
children or adults alleged to need protective services. Coordination 
with

[[Page 24305]]

Law Enforcement and/or courts must be completed prior to removal of 
individuals except in life or death situations.
    (2) Family and child services, including referrals for homemaker 
and day care services for children; and
    (3) Services to Indian courts, which can include, but are not 
limited to, the following:
    (i) Investigation of and reports concerning allegations of child 
abuse and neglect, abandonment, and conditions such as mentally or 
physically handicapped or otherwise disabled individual which can 
require referrals;
    (ii) Provision of social information related to the disposition of 
a case, including recommendation of alternative resources for 
treatment; and
    (iii) Provision of placement services by the court order prior to 
and after adjudication.
    (4) Community services which are services involving other groups, 
agencies, and facilities in the community can include, but are not 
limited to:
    (i) Responses to community needs for evaluating social conditions 
affecting the well-being of its citizens;
    (ii) Treatment of the identified conditions that are within the 
competence of social services; and
    (iii) Maintenance of liaison with other community agencies for the 
purpose of identifying available services for assistance in solving the 
social problems of individuals, families, and children and facilitating 
the use of available community services by Indian persons who need 
them.
    (5) Documentation of all activities and services in case files.

Subpart E--Child Assistance


Sec. 20.500  What are the eligibility criteria for Child Assistance?

    An Indian child meeting the requirements established in Sec. 20.300 
can be considered eligible for child assistance or services under this 
part, provided, that:
    (a) The child's legally responsible parent, custodian/guardian, or 
Indian court having jurisdiction requests such assistance, in writing, 
and indicates they are unable to provide necessary care and guidance 
for the child, or to provide for the child's special needs in his/her 
own home. A documented family assessment is required to determine 
whether parent(s)/custodian/guardian(s) are able to care for their 
child(ren);
    (b) Relative caregivers must apply for and be denied TANF payments 
or other financial assistance. The child is not receiving and is not 
eligible to receive TANF or other assistance and is not included in 
such payments involving other caregivers. An otherwise eligible child 
can receive Child Assistance upon application for and pending initial 
receipt of TANF or other financial assistance;
    (c) The child resides in an area where comparable Child Assistance 
and services are not available or are not being provided to all 
residents on the same basis from a state, tribal, county, local, and 
Federal agencies; and
    (d) All income accruing to children, except income exempted by 
Federal statute and income earned by the child, will be considered as a 
resource which must be used to meet the cost of out of home care 
authorized and arranged by the social services providers.
    (e) All Bureau and Tribal Agencies must work on developing 
partnerships with state and local governments to increase accessibility 
to funding sources and develop IV-E agreements/contracts.


Sec. 20.501  What are the rates of payment for foster care?

    The state foster care rate in the state in which the Indian child 
resides is the foster care payment level, as provided by Title IV of 
the Social Security Act (49 Stat. 620).


Sec. 20.502  Can Child Assistance funds be used for placement of Indian 
children in treatment centers?

    Child Assistance funds must be used as a last resort for placements 
of Indian children in specialized non-medical care facilities licensed 
by tribe or state. These services may be purchased or contracted under 
the supervision of the social services programs for children for whom 
the resources are not available from the state, tribal, county, local, 
and Federal agencies. The payment will only consist of room and board. 
Other services that may be needed, including mental health, education, 
and physical therapy must be assumed by the respective agency 
responsible for the provision of the service. Prior to placement a 
written agreement must be signed between the various funding sources to 
identify the services that will be paid by each source and will require 
approval of the Area Director.


Sec. 20.503  Can Child Assistance funds be used for Indian adoption 
subsidies or subsidized guardianships?

    Yes, Child Assistance funds can be authorized to provide either 
adoption or guardianship subsidies for a period not to exceed two years 
for each child involved. The funds must be used to assist in the 
adoption or guardianship of a child currently in foster care. All other 
available resources must be considered and documented in the case file. 
Prior to authorizing a subsidy, approval of the Area Director is 
required.


Sec. 20.504  What eligibility requirements must be met for an Indian 
adoption subsidy or subsidized guardianship?

    The eligibility requirements that must be met for an Indian 
adoption subsidy or subsidized guardianship are as follows:
    (a) The child(ren) must be under the age of 18 (with regards to 
special circumstances as defined by tribal standards);
    (b) The child(ren) must have been in foster care prior to the 
adoption or guardianship placement with payment, care, supervision, and 
responsibilities placed with the social services program;
    (c) The adoption placement or guardianship meets the special needs 
of the child(ren) as indicated in the home study;
    (d) The social services worker has provided permanency planning 
services;
    (e) Adoption or guardianship has been clearly shown to be in the 
best interest of the child(ren);
    (f) All other resources for adoption or long-term guardianship 
placement have been explored; and
    (g) The child(ren)'s adoption or guardianship placement could not 
be completed without Bureau/tribal financial assistance.


Sec. 20.505  What is the payment standard for adoption and 
guardianship?

    The approved payment standard will not exceed the Bureau's maximum 
adoption and guardianship payment standard which will be established by 
the Assistant Secretary--Indian Affairs 60 days after this rule is 
published in final. The payment standard will be reviewed periodically 
to determine if revision is necessary.


Sec. 20.506  Can homemaker services be provided with Child Assistance?

    When other resources such as Medicaid are not available, homemaker 
services can be purchased or contracted and provided under the 
supervision of the social services program, e.g., for a severely 
handicapped child whose care places undue stress on the family and for 
whom resources are unavailable from the state, tribal, county, local, 
and other Federal agencies. Homemaking services can be purchased on a 
short-term basis not to exceed three months. While housekeeping 
services are one portion of this service, homemaker services must focus 
on training household members in such skills as

[[Page 24306]]

child care and home management. Homemaker services provide for:
    (a) Child(ren) who, otherwise, would need foster care placement or 
who would benefit from supportive (protective) supervision;
    (b) Severely handicapped or special needs child(ren) whose care 
places undue stress on the family; or
    (c) Child(ren) whose care would benefit from specialized training 
and supportive services provided to family members.


Sec. 20.507  What services are provided jointly with the Child 
Assistance Program?

    (a) Social services provided for children in their own home aimed 
at strengthening the family's ability to provide for and nurture their 
child(ren). These supportive services can include, social work-case 
management, counseling for parents and children, group work, day care, 
and homemaker services, when necessary;
    (b) Protection of Indian children from abuse and neglect in 
coordination with law enforcement and courts;
    (c) Foster care or care other than in the parental home. When 
temporary placement out of the home is necessary, a written case plan 
must be established within 30 days of placement and reviewed within 60 
days of placement or as outlined in tribally established standards. The 
case plan must contain a written agreement signed among the various 
funding sources to identify the services that will be paid by each 
source in those instances where the child requires services outside the 
authority of the Child Assistance program.


Sec. 20.508  What information is required in the foster care case file?

    At a minimum the following information is required:
    (a) Tribal enrollment verification in accordance with Sec. 20.100;
    (b) A written case plan must be established within 30 days of 
placement, which includes the need for and expected length of 
placement;
    (c) Information on the child(ren)'s health status and school 
records, including medications and immunization records;
    (d) Parental consents for emergency medical care, school, and 
transportation;
    (e) A signed plan for payment, including financial responsibility 
of parents and use of other appropriate resources;
    (f) A copy of the certification/license of the foster home;
    (g) A current photo of the child(ren);
    (h) A copy of the social security card, birth certificate, Medicaid 
card and current court order;
    (i) A placement beyond 30 days will require action by a court of 
competent jurisdiction, or in accordance with tribal codes and 
standards authorized by a court of competent jurisdiction. All 
placements require documentation of the need for protection of the 
child(ren) involved;
    (j) Involuntary placements must be in accordance with Tribal Codes 
and authorized by a court of competent jurisdiction. A family 
assessment must be completed by a social services worker within 30 days 
of placement;
    (k) All placements require at a minimum one home visit per month by 
the social services worker with the child(ren), documented in the file; 
and
    (l) A list of all prior placements, including the names of the 
foster parents and dates of placements.


Sec. 20.509  What are the requirements for foster care?

    The social services worker will select substitute care, which meets 
the physical, behavioral, and emotional needs of the child(ren) who 
require such care, which is intended to be short-term in nature. The 
following requirements must be met and documented in a case plan:
    (a) All foster homes must be certified/licensed by the tribe or 
other recognized authority, as appropriate. Foster care placements must 
be made through a court of competent jurisdiction to ensure Federal 
background checks are completed as required by Pub. L. 101-630, and 
training (optional for relative placements) will be provided to the 
foster family;
    (b) Relative placements must have on file an approved current home 
study;
    (c) The social services worker must discuss with foster parents or 
caretakers, the child(ren)'s special needs, including disabilities, and 
provide counseling or referral to available resources;
    (d) Any child(ren) requiring medical, substance abuse, and/or 
behavioral (mental) health services will be referred to appropriate 
health-services agencies for assessment and provision of services;
    (e) Provision must be made for all necessary costs of care, which 
includes clothing, incidentals, and personal allowance, in accordance 
with established state standards of payments;
    (f) A foster family agreement will be developed establishing roles 
and responsibilities of the biological parents, foster parents, placing 
agency, the terms of payment of care and the need for adherence to the 
established case plan. The agreement will be signed and dated by the 
parties involved;
    (g) Any reports of suspected child abuse/neglect in a foster home 
must be reported immediately to law enforcement and protective services 
in accordance with tribal standards and reporting requirements pursuant 
to Pub. L. 101-630. If necessary, protective services will be provided 
in collaboration with other service providers;
    (h) The social services worker will complete a yearly assessment of 
each tribal or state certified/licensed foster home as to how the home 
has fulfilled its function relative to the needs of the child(ren) 
placed in the home;
    (i) An off-reservation family home or institution under contract 
must meet the licensing standards of the state in which it is located 
or tribally established certifying/licensing standards; and
    (j) The social services agency must make efforts to secure child 
support for child(ren) in foster care, through a court of competent 
jurisdiction.


Sec. 20.510  How is the court involved in foster care placements?

    The court retains custody of child(ren) in placement and the care 
and supervision must be given to the appropriate social services 
agency. Even though the court can issue any court order consistent with 
tribal law, the courts do not have the authority to require expenditure 
of Federal funds to pay for specifically prescribed or restrictive 
services or out-of-home placements of children. Case plans must be 
reviewed with the appropriate court at least every six months and a 
permanency hearing held within twelve months after a child enters 
foster care or according to established tribal standards. These 
standards can be established in the tribal code and can be in 
accordance with available funding source requirements.


Sec. 20.511  Should permanency plans be developed?

    Permanency planning must be considered for child(ren) whose parents 
have not made reasonable efforts to meet case plan goals or have not 
had any contact with the child(ren) in foster care or substitute 
placement and must be developed six months after initial placement of 
the child. Every effort will be made to preserve the family and/or 
reunify the children with the family and relatives when developing 
permanency plans.


Sec. 20.512  Can the Bureau/tribal contractors make Indian adoptive 
placements?

    The Bureau is not an authorized adoption agency, and staff must not 
arrange adoptive placements. However, long term permanency planning can

[[Page 24307]]

involve the Bureau social services workers cooperating with Tribal 
Courts to provide adoption subsidy. Tribal contractors will provide 
adoption services, as authorized by the tribal courts in accordance 
with tribal codes/law.


Sec. 20.513  Should Interstate Compacts be used for the placement of 
children?

    Interstate compact agreements must be used whenever possible for 
foster care, adoption and guardianship to assure the availability of 
the funding resources and services from the originating placement 
source.


Sec. 20.514  What assistance can the courts request from social 
services on behalf of children?

    The courts can request the following:
    (a) Investigations of law enforcement reports of child abuse and 
neglect;
    (b) Assessment of the need for out of home placement of the 
child(ren); and
    (c) Provision of court-related services following adjudication, 
such as monitoring, foster care, or pre/post placement services.


Sec. 20.515  What is required for case management?

    Social Services staff are required to document regular contact with 
children and families in accordance with specific program requirements. 
The social services agency is responsible for implementation of quality 
case management; this requires the supervisor's review of case plans 
every 90 days.


Sec. 20.516  How are child abuse and neglect cases to be handled?

    Reported child abuse and neglect cases must be handled in 
accordance with the Indian Child Protection and Family Violence 
Prevention Act of 1990, Pub. L. 101-630, 25 CFR Part 63, Federal and/or 
state laws where applicable, and tribal codes which protect Indian 
children and victims of domestic violence. Child Protection Teams must 
be developed in accordance to Pub. L. 99-570. Those cases referred by 
the state will be handled according to the Indian Child Welfare Act, 
Pub. L. 95-608, and 25 CFR Part 23.

Subpart F--Administrative Procedures


Sec. 20.600  How is an application for financial assistance or social 
services made?

    (a) Written or oral applications by or on behalf of any individual 
or group will be accepted for financial assistance or social services. 
Referrals will be accepted from relatives, interested individuals, 
social services agencies, law enforcement agencies, courts and others.
    (b) All applications must be in written form to the Superintendent 
or his/her designated representative.


Sec. 20.601  From whom is eligibility information collected?

    (a) Each applicant is the primary source of information used to 
determine eligibility and need. If it is necessary to secure 
information such as medical records, from other sources, the applicant 
must authorize the release of information.
    (b) Recipients must accurately report any changes in circumstances 
which may affect their eligibility or the amount of financial 
assistance they receive. Recipients must report changes in circumstance 
within 30 days.


Sec. 20.602  How is an application approved or denied?

    (a) Each application must be approved if the applicant meets the 
eligibility criteria in Secs. 20.301 through 20.516 for the type of 
assistance requested. Financial assistance will be made back to the 
date of application.
    (b) An application must be denied if the applicant does not meet 
the eligibility criteria set forth in Secs. 20.301 through 20.516.
    (c) Action to approve or deny an application must be made within 30 
days of the date of the application. If action cannot be taken within 
30 days, the applicant must be notified in writing of the reasons why 
the decision cannot be made. The local social services worker must 
issue written notice of the approval or denial of each application 
within 45 days of the date of the application.


Sec. 20.603  How is an applicant or recipient notified that benefits or 
services are denied?

    (a) Written notice of the denial of benefits or services must be 
mailed or hand delivered to the applicant or recipient. Any action that 
increases, decreases, suspends, or terminates financial assistance 
requires written notice to the applicant or recipient 20 days in 
advance of the effective date. The notice must clearly and completely 
advise the applicant or recipient of the legal right to contest any 
adverse decision under Secs. 20.600 through 20.605. The notice must:
    (1) State the action taken, the effective date, and the reason(s) 
for the decision;
    (2) Inform the applicant or recipient of the right to request a 
hearing if dissatisfied with the decision;
    (3) Advise the applicant or recipient of the right to be 
represented by an authorized representative at no expense to the 
Bureau;
    (4) Include the address of the local Superintendent or his/her 
designated representative to whom the request for a hearing must be 
submitted; and
    (5) Advise the applicant or recipient that failure to request a 
hearing within 20 days of the date of the notice will cause the 
decision to become final and subject to appeal under Part 2 of 25 CFR.
    (b) Upon receipt of the timely appeal, the financial assistance 
will remain unchanged and will continue to be provided, pending the 
issuance of a written decision by the Superintendent or his/her 
designated representative.


Sec. 20.604  How is an incorrect payment adjusted or recovered?

    (a) When an incorrect payment of financial assistance has been made 
to an individual or family, a proper adjustment or recovery is 
required.
    (b) The proper adjustment or recovery is based upon individual need 
as appropriate to the circumstances that resulted in an incorrect 
payment.
    (c) Prior to adjustment or recovery, the recipient will be notified 
of the proposal to correct the payment and given an informal 
opportunity to resolve the matter.
    (d) If an informal resolution cannot be attained, the recipient 
must be given a written notice of decision.
    (e) If a hearing is requested, the hearing will be conducted in 
accordance with the procedures under Secs. 20.700 through 20.705.


Sec. 20.605  What happens when applicants or recipients knowingly and 
willfully provide false, fictitious, or fraudulent information?

    Applicants or recipients who knowingly and willfully provide false 
fictitious, or fraudulent information are subject to prosecution under 
18 U.S.C. 1001, which carries a fine of not more than $10,000 or 
imprisonment for not more than five years, or both. The social services 
worker will prepare a written report detailing the action considered to 
be fraud and submit the report to the Superintendent or his/her 
designated representative for appropriate investigative action.

Subpart G--Hearings and Appeals


Sec. 20.700  Can an applicant or recipient appeal the decision of a 
Bureau official?

    Yes. Any applicant or recipient who is dissatisfied with a Bureau 
decision concerning eligibility or receipt of financial assistance 
under this part can request a hearing before the Superintendent or his/
her designated representative. The request for a hearing must be made 
within 20 days of the date of the written notice of the decision as

[[Page 24308]]

stated in Sec. 20.603. The Superintendent or his/her designated 
representative can extend the 20 day period if good cause is shown and 
documented in the record.


Sec. 20.701  Does an applicant or recipient receive financial 
assistance while an appeal is pending?

    Yes. Financial assistance will be continued or reinstated to insure 
there is no break in financial assistance until such time as the 
Superintendent or his/her designated representative renders a decision. 
The Superintendent or his/her designated representative can adjust 
payments or recover overpayments to conform with his/her decision.


Sec. 20.702  When is an appeal hearing scheduled?

    The Superintendent or his/her designated representative must set a 
date for the hearing within 10 days of the date of request for a 
hearing and give written notice to the applicant or recipient.


Sec. 20.703  What must the written notice of hearing include?

    The written notice of hearing must include:
    (a) The date, time and location of the hearing;
    (b) A statement of the facts and issues giving rise to the appeal;
    (c) The applicant's or recipient's right to be heard in person, or 
to be represented by an authorized representative at no expense to the 
Bureau;
    (d) The applicant or recipient's right to present both oral and 
written evidence during the hearing;
    (e) The applicant's or recipient's right to confront and cross-
examine witnesses at the hearing;
    (f) The applicant's or recipient's right of one continuance of not 
more than 10 days with respect to the date of hearing; and
    (g) The applicant's or recipient's right to examine and copy, at a 
reasonable time before the hearing, his/her case record as it relates 
to the proposed action being contested.


Sec. 20.704  Who conducts the hearing or appeal of a Bureau decision or 
action and what is the process?

    (a) The Superintendent or his/her designated representative 
conducts the hearing in an informal but orderly manner, records the 
hearing, and provides the applicant or recipient with a transcript of 
the hearing upon request.
    (b) The Superintendent or his/her designated representative must 
render a written decision within 10 days of the completion of the 
hearing. The written decision must include:
    (1) A written statement covering the evidence relied upon and 
reasons for the decision, and
    (2) The applicant's or recipient's right to appeal the 
Superintendent or his/her designated representative's decision pursuant 
to Part 2 of 25 CFR and request Bureau assistance in preparation of the 
appeal.


Sec. 20.705  Can an applicant or recipient appeal a tribal decision?

    Yes. The applicant or recipient must pursue the appeal process 
applicable to the Pub. L. 93-638 contract, Pub. L. 102-477 grant, or 
Pub. L. 103-413 self-governance annual funding agreement. If no appeal 
process exists, then the applicant or recipient must pursue the appeal 
through the appropriate tribal forum.

    Dated: April 30, 1999.
Kevin Gover,
Assistant Secretary--Indian Affairs.
[FR Doc. 99-11334 Filed 5-5-99; 8:45 am]
BILLING CODE 4310-02-P