National Child Welfare Association

Congress Reauthorizes Child Protection Program, Increases Tribal Funding

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KristyAlberty Kristy Alberty Email

Executive Communications Manager

(503) 222-4044, ext. 133

WASHINGTON – Congress, in the last few days of the legislative session, has approved a bill to reauthorize a major child welfare statute and to increase funding for tribal governments under that statute. The bill, S. 3525, the Child and Family Services Improvement Act of 2006, was approved by the Senate on September 20 and by the House of Representatives on September 26, in both instances by a voice vote. The bill now goes to the White House for an expected Presidential signature.

S. 3525 reauthorizes and improves the Promoting Safe and Stable Families Act and the Child Welfare Services Program, providing almost $4 billion over the next five years to protect children. It also allocates $145 million over five years for a new competitive grant program to address the needs of children who are from homes where there is methamphetamine and other substance abuse. Funds can also be used for family-based treatment services. Tribes will be eligible to apply for these new meth abuse grants.

The National Indian Child Welfare Association (NICWA) has worked on this reauthorization for several years and Terry Cross, NICWA executive director, testified before the House Ways and Means Committee on this legislation. NICWA also worked in close partnership with the Association on American Indian Affairs and the National Congress of American Indians on this legislation. In House floor statements, Ways and Means Human Resources Subcommittee Chairman Wally Herger (R-CA) and Representative Jim McDermott (D-WA) mentioned that among organizations supporting the bill are NICWA, the National Congress of American Indians, and the Association on American Indian Affairs. On the Senate side, Senator Max Baucus (D-MT), Ranking Member of the Senate Finance Committee, led the efforts to increase tribal funding and other tribal provisions in the legislation and spoke specifically about tribal needs in his floor statement.

The bill was the reauthorization of 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 reauthorization through fiscal year 2011 will be at current levels of $345 million per year in mandatory funds and $200 million per year in discretionary funds.

Of particular interest to Indians and Alaska Natives are the increases of the PSSF tribal allocation to 3% for both mandatory (previously 1%) funds and discretionary (previously 2%) funds. It also authorizes, for the first time, tribal groupings, or consortia, in the lower 48 states to apply for the PSSF funds. Both the increase in tribal allocation and tribal consortia eligibility were high priority recommendations by tribal organizations. Funding for tribes—most of which is mandatory and not subject to the appropriations process—should increase from about $5 million to up to $15 million annually.

“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, jointly training social workers, using a common data system, and offering services at shared sites,” Cross said.

Cross expressed his appreciation of the improvements for tribes made by S. 3525, noting that 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.” He added that the goals for tribal governments and their child protection services are not much different from those for state governments, with improved well-being and less need for child welfare intervention as two of the highest goals. Cross also said that he hopes the positive experience of working with Congress on the tribal provisions in the Promoting Safe and Stable Families reauthorization bill will help set the stage for upcoming reform on other child welfare statutes, notably the Title IV-E Foster Care and Adoption Assistance Act and the Title XX Social Services Block Grant.

NICWA is a national nonprofit that is the most comprehensive source of information on American Indian child welfare and works on behalf of Indian children and families. NICWA provides public policy, research, advocacy, information, training, and community development services to a broad national audience; state child welfare agencies; and other organizations, agencies, and professionals interested in the field of Indian child welfare. Their website is www.nicwa.org, or call 503/222-4044.