[Code of Federal Regulations]
[Title 25, Volume 1]
[Revised as of April 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 25CFR20]
[Page 79-100]
TITLE 25--INDIANS
CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR
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?
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 a service area and what
information is required?
20.202 What is a tribal redesign plan?
20.203 Can a tribe incorporate assistance from other sources into a
tribal redesign plan?
20.204 Must all tribes submit a tribal redesign plan?
20.205 Can tribes change eligibility criteria or levels of payments for
General Assistance?
20.206 Must a tribe get approval for a tribal redesign plan?
20.207 Can a tribe use savings from a tribal redesign plan to meet
other priorities of the tribe?
20.208 What if the tribal redesign plan leads to increased costs?
20.209 Can a tribe operating under a tribal redesign plan go back to
operating under this part?
20.210 Can eligibility criteria or payments for Burial Assistance,
Child Assistance, and Disaster Assistance and Emergency
Assistance change?
Subpart C--Direct Assistance
Eligibility for Direct Assistance
20.300 Who qualifies for Direct Assistance under this subpart?
20.301 What is the goal of General Assistance?
20.302 Are Indian applicants required to seek assistance through
Temporary Assistance for Needy Families?
20.303 When is an applicant eligible for General Assistance?
20.304 When will the Bureau review eligibility for General Assistance?
20.305 What is redetermination?
20.306 What is the payment standard for General Assistance?
Determining Need and Income
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 amounts will the Bureau deduct from earned income?
20.312 What amounts will the Bureau deduct from income or other
resources?
20.313 How will the Bureau compute financial assistance payments?
Employment Requirements
20.314 What is the policy on employment?
20.315 Who is not covered by the employment policy?
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?
Tribal Work Experience Program (TWEP)
20.320 What is TWEP?
20.321 Does TWEP allow an incentive payment?
20.322 Who can receive a TWEP incentive payment?
20.323 Will the local TWEP be required to have written program
procedures?
Burial Assistance
20.324 When can the Bureau provide Burial Assistance?
20.325 Who can apply for Burial Assistance?
20.326 Does Burial Assistance cover transportation costs?
Disaster Assistance
20.327 When can the Bureau provide Disaster Assistance?
20.328 How can a tribe apply for Disaster Assistance?
Emergency Assistance
20.329 When can the Bureau provide Emergency Assistance payments?
20.330 What is the payment standard for Emergency Assistance?
[[Page 80]]
Adult Care Assistance
20.331 What is Adult Care Assistance?
20.332 Who can receive Adult Care Assistance?
20.333 How do I apply for Adult Care Assistance?
20.334 What happens after I apply?
20.335 What is the payment standard for Adult Care Assistance?
Subpart D--Services to Children, Elderly, and Families
20.400 Who should receive Services to Children, Elderly, and Families?
20.401 What is included under Services to Children, Elderly, and
Families?
20.402 When are protective services provided?
20.403 What do protective services include?
20.404 What information is contained in a social services assessment?
Subpart E--Child Assistance
20.500 Who is eligible for Child Assistance?
How Child Assistance Funds Can Be Used
20.501 What services can be paid for with Child Assistance funds?
20.502 Can Child Assistance funds be used to place Indian children in
residential care facilities?
20.503 When can Child Assistance funds be used for Indian adoption or
guardianship subsidies?
20.504 What short-term homemaker services can Child Assistance pay for?
20.505 What services are provided jointly with the Child Assistance
Program?
Foster Care
20.506 What information is required in the foster care case file?
20.507 What requirements must foster care providers meet?
20.508 What must the social services agency do when a child is placed
in foster care, residential care or guardianship home?
20.509 What must the social services worker do when a child is placed
in foster care or residential care facility?
20.510 How is the court involved in child 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, neglect or exploitation cases to be
handled?
Subpart F--Administrative Procedures
20.600 Who can apply for financial assistance or social services?
20.601 How can applications be submitted?
20.602 How does the Bureau verify eligibility for social services?
20.603 How is an application approved or denied?
20.604 How is an applicant or recipient notified that benefits or
services are denied or changed?
20.605 What happens when an applicant or recipient appeals a decision
under this subpart?
20.606 How is an incorrect payment adjusted or recovered?
20.607 What happens when applicants or recipients knowingly and
willfully provide false 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 a 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 of 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. 93-638; Pub. L. 98-473; Pub. L.
102-477; Pub. L. 104-193; Pub. L. 105-83.
Source: 65 FR 63159, Oct. 20, 2000, unless otherwise noted.
Subpart A--Definitions, Purpose and Policy
Sec. 20.100 What definitions clarify the meaning of the provisions of
this part?
Adult means an Indian person age 18 or older.
Adult care assistance means financial assistance provided on behalf
of an Indian adult who is not eligible for any other state, federal, or
tribal assistance as documented in the case file and who requires non-
medical personal care and supervision due to advanced age, infirmity,
physical condition or mental impairment.
Appeal means a written request for correction of an action or
decision of a specific program decision by a Bureau
[[Page 81]]
official (Sec. 20.700) or a tribal official (Sec. 20.705).
Applicant means an Indian individual by or on whose behalf an
application for financial assistance and/or social services has been
made under this part.
Application means the written or oral process through which a
request is made for financial assistance or social services.
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.
Bureau Standard of Assistance means payment standards established by
the Assistant Secretary for burial, disaster, emergency, TWEP and
adoption and guardian subsidy. In accordance with Public Law 104-193,
the Bureau standard of assistance for general assistance is the state
rate for TANF in the state where the applicant resides. Where the Bureau
provides general assistance on a reservation that extends into another
state, the Bureau will provide general assistance to eligible Indians
based on the standard of assistance where the applicant resides if the
applicant is not eligible for state general assistance or TANF. The
Bureau standard of assistance for adult care assistance is the state
rate for adult care assistance in the state where the applicant resides.
The Bureau standard of assistance for foster care is the state rate for
foster care in the state where the applicant resides as provided by
Title IV of the Social Security Act (49 Stat. 620).
Burial assistance means a financial assistance payment made on
behalf of an indigent Indian who meets the eligibility criteria to
provide minimum burial expenses according to Bureau payment standards
established by the Assistant Secretary.
Case means a single type of assistance and/or service provided to an
individual or household in response to an identified need which requires
intervention by social services.
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 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
disapproval of eligibility 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 or residential care must include a permanency plan which
contains a time specific goal of the return of the child to the natural
parents or initiation of a guardianship/adoption.
Child means an Indian person under the age of 18 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, who has special needs as specified in Sec. 20.100. In
addition, assistance includes services to a child who requires placement
in a foster home or a residential care facility in accordance with
standards of payment levels established by the state or county in which
the child resides. Further, assistance includes services to a child in
need of adoption or guardianship in accordance with payment levels
established by the Assistant Secretary.
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
[[Page 82]]
in the proposed decision under Sec. 20.603 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
affected 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 tribal law or custom.
Family assessment means a social services assessment of a family's
history and present abilities and resources to provide the necessary
care, guidance and supervision for individuals within the family's
current living situation who may need social service assistance and/or
services.
Financial Assistance means any of the following forms of assistance
not provided by other federal, state, local or tribal sources:
(1) Adult Care Assistance for adults who require non-medical
personal care and supervision;
(2) Burial Assistance for indigent burials;
(3) Child Assistance for any child with special needs, in need of
placement in a foster home or residential care facility, or in need of
adoption or guardianship;
(4) Disaster Assistance;
(5) 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;
(6) General Assistance for basic essential needs; or
(7) Tribal Work Experience Program for participants in work
experience and training.
Foster care services means those social services provided to an
eligible Indian child that is removed from his or her home due to
neglect, abandonment, abuse or other maltreatment and placed in a foster
home. Services must also be extended to the affected family members and
foster parent(s) with a goal of reuniting and preserving the family.
General Assistance means financial assistance payments to an
eligible Indian for essential needs provided under Secs. 20.300 through
20.319.
Guardianship means long-term, social services and court approved
placement of a child.
Head of household means a person in the household that has primary
responsibility and/or obligation for the financial support of others in
the household. In the case of a two parent household, one will be
considered the head of household for the purpose of making an
application for benefits.
Homemaker services means non-medical services provided by social
services, in the absence of other resources, to assist an eligible
Indian in maintaining self-sufficiency, and preventing placement into
foster care or residential care. Examples of services included in
homemaker services are: cleaning an individual's home, preparing meals
for an individual, and maintaining or performing basic household
functions.
Household means persons living together who may or may not be
related to the ``head of household.''
Indian means:
(1) Any person who is a member of an Indian tribe; or
(2) In the Alaska service area only, any person who meets the
definition of ``Native'' as defined under 43 U.S.C. 1602(b): ``A citizen
of the United States and one-fourth degree or more Alaska Indian
(including Tsimshian Indians not enrolled in the Metlakatla Indian
Community) Eskimo, or Aleut blood, or combination thereof. The term
includes any Native as so defined either or both of whose adoptive
parents are
[[Page 83]]
not Natives. It also includes, in the absence of proof of a minimum
blood quantum, any citizen of the United States who is regarded as an
Alaska Native by the Native village or Native group of which he claims
to be a member and whose father or mother is (or, if deceased, was)
regarded as Native by any village or group. Any decision of the
Secretary regarding eligibility for enrollment shall be final.''
Indian court means Indian tribal court or Court of Indian Offenses.
Indian tribe means an Indian or Alaska Native tribe, band, nation,
pueblo, village, or community which is recognized as eligible for the
special programs and services provided by the United States because of
their status as Indians.
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 for the general assistance recipient. The plan is
jointly developed and signed by the recipient and social services
worker.
Near Reservation means those areas or communities designated by the
Assistant Secretary that are adjacent or contiguous to reservations
where financial assistance and social service programs are provided.
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.
Permanency plan means the documentation in a case plan which
provides for permanent living alternatives for the child in foster care,
a residential care facility, or in need of adoption or guardianship.
Permanency plans are developed and implemented 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.
Protective services means those services necessary to protect an
Indian who is the victim of an alleged and/or substantiated incident of
abuse, neglect or exploitation or who is under the supervision of the
Bureau in regard to the use and disbursement of funds in his or her
Individual Indian Money (IIM) account.
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 Public Law 104-193.
Recipient is an eligible Indian 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.
Regional Director means the Bureau official in charge of a Regional
Office.
Reservation means any federally recognized Indian tribe's
reservation, pueblo, or colony, including Alaska Native regions
established pursuant to the Alaska Native Claims Settlement Act (85
Stat. 688).
Residential care services means those rehabilitation services
provided to an eligible Indian child that is removed from his or her
home due to lack of resources in the home to care for him or her and
placed in a residential care facility.
Resources means income, both earned and unearned, 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 a geographic area designated by the Assistant
Secretary where financial assistance and social services programs are
provided. Such a geographic area designation can include a reservation,
near reservation, or other geographic location. ``The Assistant
Secretary has designated the entire State of Alaska as a service area.''
Services to children, elderly and families means social services,
including protective services provided through the
[[Page 84]]
social work skills of casework, group work or community development to
assist in solving social problems involving children, elderly and
families. These services do not include money payments.
Special needs means a financial assistance payment made to or on
behalf of children under social services supervision for circumstances
that warrant financial assistance that is not included in the foster
care rates; for example, respite care, homemaker service, day care
service, and may include basic needs (special diets) which are not
considered as a medical need where other resources are not available.
Superintendent means the Bureau official in charge of an agency
office.
Supplemental Security Income (SSI) means cash 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
25 U.S.C.A. Sec. 13d-3.
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.
Unemployable means a person who meets the criteria specified in
Sec. 20.315.
[65 FR 63159, Oct. 20, 2000; 65 FR 76563, Dec. 7, 2000, as amended at 66
FR 15030, Mar. 15, 2001]
Sec. 20.101 What is the purpose of this part?
The regulations in this part govern the provision to eligible
Indians of the following kinds of financial assistance and social
services:
(a) Adult Care Assistance;
(b) Burial Assistance;
(c) Child Assistance;
(d) Disaster Assistance;
(e) Emergency Assistance;
(f) General Assistance;
(g) Services to Children, Elderly and Families; and
(h) Tribal Work Experience Program.
Sec. 20.102 What is the Bureau's policy in providing financial
assistance and social services under this part?
(a) Bureau social services programs are a secondary, or residual
resource, and must not be used to supplement or supplant other programs.
(b) The Bureau can provide assistance under this part to eligible
Indians when comparable financial assistance or social services are
either not available or not provided by state, tribal, county, local or
other federal agencies.
(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 were submitted for clearance to the Office of
Management and Budget under 44 U.S.C. 35d et seq. This information
collection was approved by OMB with OMB Control <greek-i>1076-0017. The
expiration date is on the form. The information is collected to
determine applicant eligibility for services. The information will be
used to determine applicant eligibility and to insure uniformity of
services. Response is required to obtain a benefit. The public reporting
burdens for this form are estimated to average 15 minutes per response
including time for reviewing the instructions, gathering and maintaining
data, and completing and reviewing the form.
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
[[Page 85]]
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?
The Assistant Secretary can designate or modify service areas for a
tribe. If you are a tribe requesting a service area designation, you
must submit each of the following:
(a) A tribal resolution that certifies that:
(1) All eligible Indians residing within the service area will be
served; and
(2) The proposed service area will not include counties or parts
thereof that have reasonably available comparable services.
(b) Additional documentation showing that:
(1) The area is administratively feasible (that is, an adequate
level of services can be provided to the eligible Indians residing in
the area.);
(2) No duplication of services exists; and
(3) A plan describing how services will be provided to all eligible
Indians can be implemented.
(c) Documentation should be sent to the Regional Director or Office
of Self-Governance.
The Director or office will evaluate the information and make
recommendations to the Assistant Secretary. The Assistant Secretary can
make a determination to approve or disapprove and publish notice of the
designation of service area and the Indians to be served in the Federal
Register. Tribes currently providing services are not required to
request designation for service areas unless they make a decision to
modify their existing service areas.
Sec. 20.202 What is a tribal redesign plan?
If you are a tribe administering a general assistance program, you
can develop and submit to us a tribal redesign plan to change the way
that you administer the program.
(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) Will not result in additional expenses for the Bureau solely
because of any increased level of payments.
Sec. 20.203 Can a tribe incorporate assistance from other sources into
a tribal redesign plan?
Yes, when a tribe redesigns its general assistance program, it may
include assistance from other sources (such as Public Law 102-477
federal funding sources) in the plan.
Sec. 20.204 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. 20.205 Can tribes change eligibility criteria or levels of
payments for General Assistance?
Yes, if you have a redesign plan, you can change eligibility
criteria or levels of payment for general assistance.
(a) The funding level for your redesigned general assistance program
will be the same funding received in the most recent fiscal or calendar
year, whichever applies.
(b) If you do not have a prior year level of funding, the Bureau or
Office of Self-Governance will establish a tentative funding level based
upon best estimates for caseload and expenditures.
(c) A Bureau servicing office can administer a tribal redesign plan
as requested by a tribal resolution.
Sec. 20.206 Must a tribe get approval for a tribal redesign plan?
If you have a Public Law 93-638 contract or receive direct services
from us, you must obtain our approval before implementing a redesign
plan. You can apply for approval to the Regional Director through the
Bureau servicing office.
[[Page 86]]
(a) You must submit your redesign plan for approval at least 3
months before the effective date.
(b) If you operate with a self-governance annual funding agreement,
you must obtain the approval of the redesign from the Office of Self-
Governance.
(c) If you operate with a Public Law 102-477 grant, you must obtain
approval from the Bureau Central Office.
[65 FR 63159, Oct. 20, 2000; 65 FR 76563, Dec. 7, 2000]
Sec. 20.207 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 of the general assistance
program to meet other priorities.
Sec. 20.208 What if the tribal redesign plan leads to increased costs?
The tribe must meet any increase in cost to the General Assistance
program that results solely from tribally increased payment levels due
to a redesign plan.
Sec. 20.209 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. 20.210 Can eligibility criteria or payments for Burial Assistance,
Child Assistance, and Disaster Assistance and Emergency
Assistance change?
No, unless otherwise provided by law, 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 Public Law 93-638 contracts, Public Law 102-477 grants, or Public Law
103-413 self-governance annual funding agreements.
Subpart C--Direct Assistance
Eligibility for Direct Assistance
Sec. 20.300 Who qualifies for Direct Assistance under this subpart?
To be eligible for assistance or services under this part, an
applicant must meet all of the following criteria:
(a) Meet the definition of Indian as defined in this part;
(b) Not have sufficient resources to meet the essential need items
defined by the Bureau standard of assistance for those Bureau programs
providing financial payment;
(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.
[65 FR 63159, Oct. 20, 2000, as amended at 66 FR 15030, Mar. 15, 2001]
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
Temporary Assistance for Needy Families?
Yes, all Indian applicants with dependent children are required to
apply for Temporary Assistance for Needy Families (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) Apply concurrently for financial assistance from other state,
tribal, county, local, or other federal agency programs for which he/she
is eligible;
[[Page 87]]
(c) Not receive any comparable public assistance; and
(d) Develop and sign an employment strategy in the ISP with the
assistance of the social services worker 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) Every 3 months for individuals who are not exempt from seeking
or accepting employment in accordance with Sec. 20.315 or the ISP;
(b) Every 6 months for all recipients; and
(c) Whenever there is a change in status that can affect a
recipient's eligibility or amount of assistance. Recipients must
immediately inform the social services office of any such changes.
Sec. 20.305 What is redetermination?
Redetermination is an evaluation by a social services worker to
assess the need for continued financial assistance as outlined in
Sec. 20.304. It includes:
(a) A home visit;
(b) An estimate of income, living circumstances, household
composition for the month(s) for which financial assistance is to be
provided; and
(c) Appropriate revisions to the case plan and the ISP.
Sec. 20.306 What is the payment standard for General Assistance?
(a) Under Public Law 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.
Determining Need and Income
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 income, earned or unearned, must be calculated 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 converted
to cash.
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 includes:
(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, or professional artists producing art work); 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 benefits;
[[Page 88]]
(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 social services worker will prorate the following recurring
income:
(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 amounts will the Bureau deduct from earned income?
(a) The social services worker will deduct the following amounts
from 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 for children under the age of 6 except where
the other parent in the home is unemployed and physically able to care
for the children; 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 the Bureau deduct from income or other
resources?
The social services worker will deduct 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 beginning with the Bureau standard of assistance and doing
the following:
(1) Subtracting from all resources calculated under Secs. 20.307
through 20.310;
(2) Subtracting the rateable reduction or maximum payment level used
by the state where the applicant lives;
(3) Subtracting 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;
(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.
[[Page 89]]
(c) The social services worker must not provide General Assistance
payments for any period before the date of the application for
assistance.
Employment Requirements
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.
(c) The policy in this section does not apply to any person meeting
the criteria in Sec. 20.315.
Sec. 20.315 Who is not covered by the employment policy?
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-student under the He/she is attending He/she is making
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 He/she must be
a temporary medical injury the case plan that referred to SSI if
or illness. the illness or the disability
injury is serious status exceeds 3
enough to months.
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 to
provide this care.
------------------------------------------------------------------------
(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 6.
------------------------------------------------------------------------
(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 as provided in Sec. 20.316(b) until you seek
[[Page 90]]
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 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.
Tribal Work Experience Program (TWEP)
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 Public Law 93-638 self-
determination contracts, Public Law 102-477 grants, and Public Law 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 allowed under TWEP.
(a) Incentive payments are separate. The Bureau will not consider
incentive payments as wages or work related expenses, but as grant
assistance payments under Secs. 20.320 through 20.323.
(b) The approved payment will not exceed the Bureau maximum TWEP
payment standard established by the Assistant Secretary.
Sec. 20.322 Who can receive a TWEP incentive payment?
(a) The head of the family unit normally receives the TWEP
assistance payment.
(b) The social services worker can designate a spouse or other adult
in the assistance group to receive the TWEP assistance payment. The
social services worker will do this only if:
(1) The recognized head of the family unit is certified as
unemployable; and
(2) The designation is consistent with the ISP.
(c) 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.
[[Page 91]]
Burial Assistance
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 Who can apply for Burial Assistance?
If you are a relative of a deceased Indian, you can apply for burial
assistance for the deceased Indian under this section.
(a) To apply for burial assistance under this section, you must
submit the application to the social services worker. You must submit
this application within 30 days following death.
(b) The Bureau will determine eligibility based on the income and
resources available to the deceased in accordance with Sec. 20.100. 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.
(c) The Bureau will not approve an application unless it meets the
criteria specified at Sec. 20.300.
(d) The approved payment will not exceed the Bureau maximum burial
payment standard established by the Assistant Secretary.
Sec. 20.326 Does Burial Assistance cover transportation costs?
Transportation costs directly associated with burials are normally a
part of the established burial rate. If a provider adds an additional
transportation charge to the burial rate because of extenuating
circumstances, the social services worker can pay the added charge. To
do this, the social services worker must ensure and document in the case
plan that:
(a) The charges are reasonable and equitable;
(b) The deceased was an eligible indigent Indian who was socially,
culturally, and economically affiliated with his or her tribe; and
(c) The deceased resided in the service area for at least the last 6
consecutive months of his/her life.
Disaster Assistance
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 in accordance with
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 Regional Director through the local
Superintendent:
(1) A tribal resolution requesting disaster assistance;
(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 Regional Director must forward the above tribal documents
and his/her recommendation to the Assistant Secretary for final decision
on whether disaster assistance will be provided and to what extent.
Emergency Assistance
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 burnout, flood, or other destruction of their
home and loss or damage to personal possessions. The Bureau will make
payments only for essential needs and other non-medical necessities.
Sec. 20.330 What is the payment standard for Emergency Assistance?
The approved payment will not exceed the Bureau's maximum Emergency
Assistance payment standard established by the Assistant Secretary.
Adult Care Assistance
Sec. 20.331 What is Adult Care Assistance?
Adult care assistance provides non-medical care for eligible adult
Indians who:
(a) Have needs that require personal care and supervision due to
advanced
[[Page 92]]
age, infirmity, physical condition, or mental impairments; and
(b) Cannot be cared for in their own home by family members.
Sec. 20.332 Who can receive Adult Care Assistance?
An adult Indian is eligible to receive adult care assistance under
this part if he/she:
(a) Is unable to meet his/her basic needs, including non-medical
care and/or protection, with his/her own resources; and
(b) Does not require intermediate or skilled nursing care.
Sec. 20.333 How do I apply for Adult Care Assistance?
To apply for adult care assistance, you or someone acting on your
behalf must submit an application form to the social services worker.
Sec. 20.334 What happens after I apply?
(a) The Bureau will determine eligibility based upon the income and
available resources of the person named in the application.
(b) Upon approval by the Bureau Line Officer, payments will be
approved under purchase of service agreements for adult care provided in
state or tribally licensed or certified group settings, or by individual
service providers licensed or certified for homemaker service.
[65 FR 63159, Oct. 20, 2000; 65 FR 76563, Dec. 7, 2000]
Sec. 20.335 What is the payment standard for Adult Care Assistance?
The approved payment for adult care assistance will not exceed the
applicable state payment rate for similar care.
[65 FR 63159, Oct. 20, 2000; 65 FR 76563, Dec. 7, 2000]
Subpart D--Services to Children, Elderly, and Families
Sec. 20.400 Who should receive Services to Children, Elderly, and
Families?
Services to Children, Elderly, and Families will be provided for
Indians meeting the requirements prescribed in Sec. 20.300 who request
these services or on whose behalf these services are requested.
Sec. 20.401 What is included under Services to Children, Elderly, and
Families?
Services to Children, Elderly, and Families include, but are not
limited to, the following:
(a) Assistance in solving problems related to family functioning and
interpersonal relationships;
(b) Referral to the appropriate resource for problems related to
illness, physical or mental handicaps, drug abuse, alcoholism, and
violation of the law; and
(c) Protective services.
In addition, economic opportunity and money management may also be
provided.
Sec. 20.402 When are protective services provided?
Protective services are provided when children or adults:
(a) Are deprived temporarily or permanently of needed supervision by
responsible adults;
(b) Are neglected, abused or exploited;
(c) Need services when they are mentally or physically handicapped
or otherwise disabled; or
(d) Are under the supervision of the Bureau in regard to the use and
disbursement of funds in the child's or adult's Individual Indian Money
(IIM) account. Those IIM accounts that are established for children will
be supervised by the Bureau until the child becomes an adult as defined
in 25 CFR 115.
Sec. 20.403 What do protective services include?
Protective services provided to a child, family or elderly person
will be documented in the case files and:
(a) Can include, but are not limited to, any of the following:
(1) Providing responses to requests from members of the community on
behalf of children or adults alleged to need protective services;
(2) Providing services to children, elderly, and families, including
referrals for homemaker and day care services for the elderly and
children;
[[Page 93]]
(3) Coordinating with Indian courts to provide services, which may
include, but are not limited to, the following:
(i) Investigating and reporting on allegations of child abuse and
neglect, abandonment, and conditions that may require referrals (such as
mental or physical handicaps);
(ii) Providing social information related to the disposition of a
case, including recommendation of alternative resources for treatment;
and
(iii) Providing placement services by the court order before and
after adjudication.
(4) Coordinating with other community services, including groups,
agencies, and facilities in the community. Coordination can include, but
are not limited to:
(i) Evaluating social conditions that affect community well-being;
(ii) Treating conditions identified under paragraph (b)(1) of this
section that are within the competence of social services workers; and
(iii) Working with other community agencies to identify and help
clients to use services available for assistance in solving the social
problems of individuals, families, and children.
(5) Coordinating with law enforcement and tribal courts, to place
the victim of an alleged and/or substantiated incident of abuse, neglect
or exploitation out of the home to assure safety while the allegations
are being investigated. Social services workers may remove individuals
in life threatening situations. After a social services assessment, the
individual must be either returned to the parent(s) or to the home from
which they were removed or the social services worker must initiate
other actions as provided by the tribal code; and
(6) Providing social services in the home, coordinating and making
referrals to other programs/services, including Child Protection, and/or
establishing Multi-Disciplinary Teams.
(b) Must include, where the service population includes IIM account
holders:
(1) Conducting, upon the request of an account holder or other
interested party, a social services assessment to evaluate an adult
account holder's circumstances and abilities and the extent to which the
account holder needs assistance in managing his or her financial
affairs; and
(2) Managing supervised IIM accounts of children and adults (in
conjunction with legal guardians), which includes, but is not limited
to, the following:
(i) Evaluating the needs of the account holder;
(ii) Developing, as necessary and as permitted under 25 CFR 115, a
one-time or an annual distribution plan for funds held in an IIM account
along with any amendments to the plan for approval by the Bureau;
(iii) Monitoring the implementation of the approved distribution
plan to ensure that the funds are expended in accordance with the
distribution plan;
(iv) Reviewing the supervised account every 6 months or more often
as necessary if conditions have changed to warrant a recommendation to
change the status of the account holder, or to modify the distribution
plan;
(v) Reviewing receipts for an account holder's expenses and
verifying that expenditures of funds from a supervised IIM account were
made in accordance with the distribution plan approved by the Bureau,
including any amendments made to the plan; and
(vi) Petitioning a court of competent jurisdiction for the
appointment of, or change in, a legal guardian for a client, where
appropriate.
[65 FR 63159, Oct. 20, 2000; 65 FR 76563, Dec. 7, 2000]
Sec. 20.404 What information is contained in a social services
assessment?
A social services assessment must contain, but is not limited to,
the following:
(a) Identifying information about the client (for example, name,
address, age, gender, social security number, telephone number,
certificate of Indian blood, education level), family history and
medical history of the account holder;
(b) Description of the household composition: information on each
member of the household (e.g., name, age, and gender) and that person's
relationship to the client;
[[Page 94]]
(c) The client's current resources and future income (e.g., VA
benefits, retirement pensions, trust assets, employment income, judgment
funds, general assistance benefits, unemployment benefits, social
security income, supplemental security income and other governmental
agency benefits);
(d) A discussion of the circumstances which justify special
services, including ability of the client to handle his or her financial
affairs and to conduct day-to-day living activities. Factors to be
considered should include, but are not limited to:
(1) Age;
(2) Developmental disability;
(3) Chronic alcoholism or substance abuse;
(4) Lack of family assistance or social support systems, or
abandonment;
(5) Self-neglect;
(6) Financial exploitation or abuse;
(7) Physical exploitation, neglect or abuse;
(8) Senility; and
(9) Dementia.
(e) Documentation supporting the need for assistance (e.g., medical
reports, police reports, court orders, letters from interested parties,
prior assessments or evaluations, diagnosis by psychologist/
psychiatrist); and
(f) Summary of findings and proposed services to meet the identified
needs of the client.
Subpart E--Child Assistance
Sec. 20.500 Who is eligible for Child Assistance?
A child is eligible for Child Assistance under this subpart if all
of the following criteria are met:
(a) The child must meet the requirements in Sec. 20.300.
(b) The child's legally responsible parent, custodian/guardian, or
Indian court having jurisdiction must:
(1) Request assistance under this part in writing;
(2) State that 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; and
(3) Provide a documented social services assessment from the social
services worker of whether parent(s), custodian, guardian(s) are able to
care for their child.
(c) All income accruing to the child, except income exempted by
federal statute, must be used to meet the cost of special needs, foster
home or residential care facility as authorized and arranged by social
services.
How Child Assistance Funds Can Be Used
Sec. 20.501 What services can be paid for with Child Assistance funds?
The social services program can use Child Assistance funds to pay
for services as shown in the following table.
------------------------------------------------------------------------
Conditions that must Maximum payment
Service that can be paid be met level
------------------------------------------------------------------------
(a) Room and board at There must be no The state or county
residential care facilities other resources residential care
licensed by the tribe or available to pay rate in the state
state. these costs. See in which the child
Sec. 20.502 for resides.
other conditions
that must be met.
------------------------------------------------------------------------
(b) Adoption or guardianship There must be no The Bureau's maximum
subsidies. other resources adoption and
available to pay guardianship
for this service. payment standard.
See Sec. 20.503
for other
conditions that
must be met.
------------------------------------------------------------------------
(c) Short-term homemaker There must be no As approved by the
services. other resources Bureau line
(such as Medicaid) officer.
available to pay
for this service.
Services can be
purchased for a
maximum of 3
months. See Sec.
20.504 for other
conditions that
must be met.
------------------------------------------------------------------------
(d) Temporary foster care... See Sec. 20.509 for The state or county
conditions that foster care rate in
must be met. the state in which
the child resides.
------------------------------------------------------------------------
[[Page 95]]
Sec. 20.502 Can Child Assistance funds be used to place Indian children
in residential care facilities?
You, the social service program, can use Child Assistance funds to
purchase or contract for room and board in licensed residential care
facilities.
(a) You can use Child Assistance funds to pay only for room and
board. You must pay for other services that may be needed, including
mental health, education, and physical therapy from other sources.
(b) Before placement the various funding sources must sign an
agreement that specifies the services each source will pay. The Bureau
Line Officer must approve this agreement.
Sec. 20.503 When can Child Assistance funds be used for Indian adoption
or guardianship subsidies?
You, the social services program, can use Child Assistance funds to
provide either adoption or guardianship subsidies if all of the
following are true:
(a) The child is 17 or younger;
(b) The child has been in foster care prior to approval of the
subsidy;
(c) The social services worker has considered all other available
resources, attempted permanency planning, and documented in the case
file that placement was in the best interest of the child; and
(d) The Bureau Line Officer approves the subsidy before it is
authorized and redetermines eligibility on a yearly basis.
Sec. 20.504 What short-term homemaker services can Child Assistance pay
for?
You, the social services program, can use Child Assistance funds to
pay for homemaker services as specified in Sec. 20.501 and this section.
While housekeeping services are covered, homemaker services must focus
on training household members in such skills as child care and home
management. Homemaker services are provided for:
(a) A child who would otherwise need foster care placement or who
would benefit from supportive (protective) supervision;
(b) A severely handicapped or special needs child whose care places
undue stress on the family; or
(c) A child whose care would benefit from specialized training and
supportive services provided to family members.
Sec. 20.505 What services are provided jointly with the Child
Assistance Program?
The services listed in this section are provided by Services to
Children, Elderly, and Families under this subpart 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. These supportive services can include:
(1) Social work case management;
(2) Counseling for parents and children;
(3) Group work, day care; and
(4) Homemaker services, when necessary.
(b) Protection of Indian children from abuse, neglect or
exploitation in coordination with law enforcement and courts.
(c) 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, when temporary placement outside the
home is necessary. 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.
Foster Care
Sec. 20.506 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 (established within 30 days of placement),
which would include a permanency plan detailing the need for and
expected length of placement;
(c) Information on each child's health status and school records,
including medications and immunization records;
[[Page 96]]
(d) Parental consent(s) 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 each child;
(h) A copy of the social security card, birth certificate, Medicaid
card and current court order;
(i) For a placement beyond 30 days, copy of the action taken or
authorized by a court of competent jurisdiction that documents the need
for protection of the child;
(j) For an involuntary placement, a social services assessment
completed by a social services worker within 30 days of placement;
(k) Documentation of a minimum of one visit to the placement setting
per month by the social services worker with each child; and
(l) A list of all prior placements, including the names of the
foster parents and dates of placements.
Sec. 20.507 What requirements must foster care providers meet?
If a child needs foster care, the social services worker must select
care that meets the physical, behavioral, and emotional needs of the
child. Foster care is intended to be short-term. The case plan must show
that all of the requirements in paragraphs (a) through (c) of this
section are met:
(a) All foster homes must be certified or licensed by the tribe or
other appropriate authority. Foster care placements beyond 30 days must
be made through a court of competent jurisdiction to ensure that:
(1) Federal background checks are completed prior to placement as
required by Public Law 101-630; and
(2) Training (optional for placements with relatives) is provided to
the foster family.
(b) If the child is placed with relatives in an adoption and
guardian placement, the case file must contain an approved current home
study.
(c) An off-reservation foster home, or residential care facility
under contract must meet the licensing standards of the state in which
it is located or tribally established certifying/licensing standards.
Sec. 20.508 What must the social services agency do when a child is
placed in foster care, residential care or guardianship home?
The social services agency must make efforts to secure child support
for the child in foster care or residential care through a court of
competent jurisdiction.
Sec. 20.509 What must the social services worker do when a child is
placed in foster care or residential care facility?
When a child is placed in foster care or a residential care facility
the social services worker must do all of the following:
(a) Discuss with foster parents or caretakers, the child's special
needs, including disabilities;
(b) Provide counseling or referral to available resources;
(c) Refer any child requiring medical, substance abuse, or
behavioral (mental) health services to an appropriate health services to
be assessed and to receive services;
(d) Ensure that the case plan provides for all necessary costs of
care (including clothing, incidentals, and personal allowance) in
accordance with established state standards of payments;
(e) Develop a foster family agreement signed and dated by the
parties involved that specifies the roles and responsibilities of the
biological parents, foster parents, and placing agency; the terms of
payment of care; and the need for adherence to the established case
plan;
(f) Immediately report any occurrences of suspected child abuse or
neglect in a foster home or residential care facility to law enforcement
and protective services in accordance with tribal standards and
reporting requirements under Public Law 101-630; and
(g) Complete a yearly assessment of each tribal or state licensed
foster home or residential care facility evaluating how the home has
fulfilled its function relative to the needs of the child placed in the
home.
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Sec. 20.510 How is the court involved in child placements?
The court retains custody of a child in placement and the care and
supervision must be given to the appropriate social services agency.
While 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 6 months and a permanency hearing held
within 12 months after a child enters foster care or residential 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 developed for all child placements
within 6 months after initial placement of the child. Every reasonable
effort will be made to preserve the family and/or reunify the children
with the family and relatives when developing permanency plans. However,
the child's health and safety are the paramount concern.
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
involve the Bureau social services workers cooperating with tribal
courts to provide an 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 should be used when appropriate for
foster care, adoption and guardianship to protect the best interests of
the child and 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;
and
(c) Provision of court-related services following adjudication, such
as monitoring, foster care, or residential care, or pre/post placement
services.
Sec. 20.515 What is required for case management?
Social services workers must 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, neglect or exploitation cases to be
handled?
Reported child abuse, neglect or exploitation cases and the
requirement for background clearances will be handled in accordance with
the Indian Child Protection and Family Violence Prevention Act of 1990,
Public Law 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. This includes developing and maintaining Child
Protection Teams in accordance to Public Law 101-630 and collection of
child abuse, neglect and exploitation data according to Public Law 99-
570. Those cases referred by the state will be handled according to the
Indian Child Welfare Act, Public Law 95-608, and 25 CFR part 23.
Subpart F--Administrative Procedures
Sec. 20.600 Who can apply for financial assistance or social services?
(a) You can apply for financial assistance or social services under
this part if you:
(1) Believe that you are eligible to receive benefits; or
(2) Are applying on behalf of someone who you believe is eligible to
receive benefits.
[[Page 98]]
(b) Under paragraph (a) of this section, any of the following may
apply for benefits on behalf of another person: relatives, interested
individuals, social services agencies, law enforcement agencies, courts,
or other persons or agencies.
Sec. 20.601 How can applications be submitted?
You can apply for financial assistance or social services under this
part by:
(a) Completing an application that you can get from your social
services worker or tribe; or
(b) Through an interview with a social services worker who will
complete an application for you based on the oral interview.
Sec. 20.602 How does the Bureau verify eligibility for social services?
(a) You, the applicant, are 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, you must
authorize the release of information.
(b) You must immediately report to your social services worker any
changes in circumstances that may affect your eligibility or the amount
of financial assistance that you receive.
Sec. 20.603 How is an application approved or denied?
(a) Each application must be approved if the applicant meets the
eligibility criteria in this part for the type of assistance requested
and all recipients will be redetermined for eligibility every 6 months.
Financial assistance will be made retroactive to the application date.
(b) An application must be denied if the applicant does not meet the
eligibility criteria in Secs. 20.300 through 20.516.
(c) The social services worker must approve or deny an application
within 30 days of the application date. The local social services worker
must issue written notice of the approval or denial of each application
within 45 days of the application date.
(d) If for a good reason the social services worker cannot meet the
deadline in paragraph (c) of this section, he or she must notify the
applicant in writing of:
(1) The reasons why the decision cannot be made; and
(2) The deadline by which the social services worker will send the
applicant a decision.
[65 FR 63159, Oct. 20, 2000; 65 FR 76563, Dec. 7, 2000]
Sec. 20.604 How is an applicant or recipient notified that benefits or
services are denied or changed?
If the Bureau increases, decreases, suspends, or terminates
financial assistance, the social services worker must mail or hand
deliver to the applicant or recipient a written notice of the action.
The notice must:
(a) State the action taken, the effective date, and the reason(s)
for the decision;
(b) Inform the applicant or recipient of the right to request a
hearing if dissatisfied with the decision;
(c) Advise the applicant or recipient of the right to be represented
by an authorized representative at no expense to the Bureau;
(d) Include the address of the local Superintendent or his/her
designated representative to whom the request for a hearing must be
submitted;
(e) 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 not subject to appeal under 25 CFR part 2; and
(f) Be delivered to the applicant 20 days in advance of the
effective date of the action.
Sec. 20.605 What happens when an applicant or recipient appeals a
decision under this subpart?
If you are an applicant or recipient and appeal a decision made
under Sec. 20.604, you can continue to receive your assistance while
your appeal is pending. For this to happen, you must submit your appeal
by the deadline in Sec. 20.604(e).
Sec. 20.606 How is an incorrect payment adjusted or recovered?
(a) When an incorrect payment of financial assistance has been made
to an
[[Page 99]]
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) Before 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 and the procedures of Sec. 20.604
will apply.
(e) If a hearing is requested, the hearing will be conducted in
accordance with the procedures under Secs. 20.700 through 20.705.
Sec. 20.607 What happens when applicants or recipients knowingly and
willfully provide false or fraudulent information?
Applicants or recipients who knowingly and willfully provide false
or fraudulent information are subject to prosecution under 18 U.S.C.
Sec. 1001, which carries a fine of not more than $10,000 or imprisonment
for not more than 5 years, or both. The social services worker will
prepare a written report detailing the information considered to be
false 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, if you are an applicant or recipient, and are dissatisfied with
a Bureau decision made under this part, you can request a hearing before
the Superintendent or his/her designated representative. You must submit
your request by the deadline in Sec. 20.604. The Superintendent or his/
her designated representative can extend the deadline if you show good
cause.
Sec. 20.701 Does a recipient receive financial assistance while an
appeal is pending?
Yes, if you appeal under this subpart, financial assistance will be
continued or reinstated to insure there is no break in financial
assistance until the Superintendent or his/her designated representative
makes a decision. The Superintendent or his/her designated
representative can adjust payments or recover overpayments to conform
with his/her decision.
[65 FR 63159, Oct. 20, 2000; 65 FR 76563, Dec. 7, 2000]
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.
[[Page 100]]
(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 25 CFR part 2 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 Public Law 93-638 contract, Public Law 102-477 grant,
or Public Law 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.