The President Signs Into Law Historic Child Welfare Legislation with New Tribal Funding for Foster Care, Guardianship, Adoption and Independent Living Services
On October 7th the President signed into law child welfare legislation (P.L. 110-351) that will go a long way toward helping American Indian and Alaska Native children find the same sense of permanency and support that other children in this country currently enjoy. The new law, formerly H.R. 6893, addresses a number of different areas and provides several new supports and opportunities to help children involved in the child welfare system. For American Indian and Alaska Native children under tribal care, the law allows, for the first time since enactment of the Title IV-E Foster Care and Adoption Assistance Program in 1981, the authority for tribal governments to directly apply for and operate the program in their communities. The National Indian Child Welfare Association (NICWA) has been working for over 20 years to get equitable access to the same federal funding sources that states receive to support children and families. When many of these federal programs were established, Congress did not include access for tribal governments, leaving children under tribal care with little or no opportunity to benefit from these same federal programs. For children who have to be removed from their homes because of child abuse and neglect, access to the federal government's largest source of child welfare funding, Title IV-E, is critical to their being able to find a permanent home.
“Implementation of this law will transform child welfare services for thousands of American Indian and Alaska Native children. Tribes will be able to pay for foster and kinship care, recruit and train caregivers, and most importantly, insure the safety, sense of belonging, and well-being of their children.” - Terry Cross, Executive Director of NICWA
P.L. 110-351 authorizes tribal governments to directly apply for and operate Title IV-E programs in their communities for children under their jurisdiction, which includes services to support foster care, adoption, and independent living. Independent living services help older youth in the foster care system that are aging out and transitioning into adulthood. The law contains provisions that would provide new funding for technical assistance to tribes who seek to operate the Title IV-E program and one-time start up grants of up to $300,000 each year for a maximum of two years. The law also authorizes tribes and states to use Title IV-E funding for guardianship placements for relative caregivers of children that have been in foster care, and the waiver of non-safety related licensing standards for relative caregivers on a case-by-case basis. Relative caregivers often prefer guardianship placements over adoptive placements.
NICWA has begun preparing for a new effort to provide support to tribal governments seeking to operate the Title IV-E program. Many tribes will be new to the Title IV-E program and may need assistance in developing their programs. NICWA will be drawing from the many years of experience with Title IV-E and the cultural strengths of tribal child welfare programs that have been developed in Indian Country.
“American Indian and Alaskan Native children have been waiting a long time for the same protections and support afforded to other children in foster care. We commend the members of the Senate and House who have worked in a bi-partisan fashion to make this possible.” - Maurice Lyons, President of NICWA
If you have any questions about the new law, please contact David Simmons, NICWA Government Affairs Director, at the email above or call 503-222-4044, ext. 119.
The staff at NICWA wishes to thank you for your help and support in assisting American Indian and Alaska Native children and families.
Description of Tribal IV-E Provisions in P.L. 110-351
Full Description of P.L. 110-351
(Developed by Center for Law and Social Policy)