National Child Welfare Association

National Indian Child Welfare Association (NICWA) Testifies on Need to Increase Funding for Tribal Servicese

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U.S. House Committee on Ways and Means Hears Indian Perspective

Terry L. Cross (Seneca Nation), executive director of the National Indian Child Welfare Association, today delivered testimony in a hearing before the U.S. House of Representatives Committee on Ways and Means in Washington, D.C. to encourage the inclusion of Indian children’s well being in policy decisions and to highlight the need for greater funding for American Indian child welfare programs.

Mr. Cross was the sole American Indian representative at the hearing. “The recommendations that we are making are supported by the National Congress of American Indians, Affiliated Tribes of Northwest Indians, and the Association of American Indian Affairs, with whom we collaborate on this and other child welfare matters,” Cross said.

The hearing was convened for input on the committee’s draft reauthorization bill for the Promoting Safe and Stable Families (PSSF) program, which is authorized under Title IV-B of the Social Security Act and set to expire at the end of fiscal year 2006. The PSSF program’s $395 million annual budget in FY 2006 must be spent for family support services, family preservation services, time-limited reunification services, or post-adoption services.

An additional $40 million over the base amount of $395 million was identified in the current reauthorization draft and lists the tribal governments’ share to be the previously allotted 1% in “mandatory funds,” or $400,000 across all tribes eligible for funding. Cross outlined three recommendations:

• Increase the current appropriation amounts under the mandatory and discretionary to tribal governments to 3% • Allow tribe groupings, or consortia, to become eligible for all assistance programs • Provide funding for a tribal court improvement program similar to the program granted to state court systems

Only 80 tribes in the continental United States are able to access PSSF programs due to a population-based requirement of 10,000; tribes in Alaska have gained admittance to the program under a single Alaskan Native nonprofit corporation.

“Allowing tribes to apply as consortia is common in federal programs. Most tribal consortia are in states where there is a preponderance of many small tribes, such as California and Washington. Consortia arrangements for very small tribes can maximize the use of funds by, for example, having a single accounting system, by jointly training social workers, using a common data system and offering services at shared sites,” Cross said.

Linda Spears, Vice President of the Corporate Communications and Development of the Child Welfare League of America, echoed the three recommendations for tribal coverage in her own testimony.

“It appears that under the House draft, tribal governments would receive a 1% allocation of the new $40 million, or $400,000. Frankly, that is not going to make much of a dent with regard to the need of tribes and of Indian children in foster care. As mentioned above, a 3% tribal allocation would be a much more appropriate level if we are to begin making a difference,” said Cross.

“Tribal needs are certainly disproportionate to the size of the Indian and Alaska Native population and are fueled by poverty, unemployment, underemployment, and substance abuse. Add to this that federal child welfare programs, inadvertently or not, discriminate against tribal governments,” according to Cross.

Cross cited as an example the Title IV-E Foster Care and Adoption Assistance program, which provides approximately $7 billion annual to states but does not allow tribes to administer this program. The Social Services Block Grant, an entitlement program currently receiving $1.7 billion, is not available to tribes and yet is a major source of funding for state governments.

In his written testimony, Cross described the backdrop against which Indian child protective services exist. - The Office of Tribal Services of the Bureau of Indian Affairs reported to us that they estimate each BIA or tribal social worker has a workload of at least 200 cases – involving child protection services (investigations of suspected child abuse and neglect), child welfare (out-of-home placements) and General Assistance (welfare assistance). - The Bureau of Indian Affairs 2003 Labor Force report shows a national average of 49% unemployment for Indian people living on or near reservations. Of those who are employed, 32% are still living below the poverty guideline. We know that unemployment and poverty are circumstances that can lead to broken families, substance abuse, and other dysfunctional behavior, which directly impacts the child welfare system. - The methamphetamine crisis is hitting rural America and Indian Country especially hard. While there is not a great deal of data, that which we do have) showing incidence rates several times that of other populations, thus placing great strain on tribal child welfare systems.

Cross said the key to success for tribal child welfare programs is “adequate, secure, and flexible funding, such as the funding under the Promoting Safe and Stable Families program.” And that the goals for tribal governments and their child protection services are not much different than state governments, with improved well being and less involvement in child welfare services as two of the highest goals. Cross also called for more comprehensive child welfare finance reform, as recommended by the nonpartisan, Pew Commission on Children in Foster Care.

“The ideas for achieving these goals are out there, but the resources are not,” Cross said.

NICWA is a national nonprofit and the most comprehensive source of information on American Indian child welfare and works on behalf of Indian children and families. Their website is www.nicwa.org or call 503/222-4044.