November 7, 2024

Last Chance to Act: Urge the Senate to Vote on Tribal Child Welfare Bill

On September 18, 2024, the House of Representatives voted to approve Supporting America’s Children and Families Act (H.R. 9076). In a strong, bipartisan vote, the bill was approved 405 to 10 with 16 non-votes. The legislation contains increased funding for tribes under Title IV-B of the Social Security Act, reduces administrative burdens, and requires the Department of Health and Human Services (HHS) to collect data and provide technical assistance to states and tribes regarding the implementation of the Indian Child Welfare Act (ICWA).

The legislation is now before the Senate, with a vote expected in November. NICWA has supported this legislation and strongly encourages every tribe, tribal organization, and ICWA ally to contact your Senators now, and ask for their support to get a floor vote on H.R. 9076 in November. You can find contact information for your Senators here and a sample letter to use in your communication with your Senators here.

Below is a list of key provisions in H.R. 9076 that address tribal child welfare programs and ICWA.

  • Increase in mandatory funding under Title IV-B, Subpart 2 Program (Promoting Safe and Stable Families) and expand the number of tribes that will qualify to receive the funding.
  • Change the current funding mechanism under Title IV-B, Subpart 1 Program from the outdated regulatory formula to a 3% set-aside from the overall appropriation.
  • Increase funding for the Tribal Court Improvement Program from $1 million to $2 million per year.
  • Allow the Secretary of HHS to modify Title IV-B reporting requirements for tribes with smaller Title IV-B grants to reduce administrative burden.
  • Require HHS to collect data related to Indian Child Welfare Act (ICWA) requirements from states regarding cases where Native children are involved.
  • Require HHS to provide technical assistance to states and tribes for the purpose of supporting effective implementation of ICWA.
  • Require HHS to consult with tribes on the development of guidelines to maximize the engagement of tribes in state court proceedings involving ICWA.
  • Allow tribes the option of using their federally negotiated indirect rate in the operation of Title IV-B programs.
  • Clarify tribes as eligible to apply for and receive competitive grant funding to evaluate programs or services that meet one of the evidence-based criteria under the Title IV-E Prevention Services Program.

Take Action Today: Contact your Senators now to ensure this bill gets to the floor for a vote

For more information

NICWA Director of Government Affairs and Advocacy
desimmons@nicwa.org

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