Native Child and Family Policy
For more information relating to this update, please contact NICWA Government Affairs and Advocacy Director David Simmons at desimmons@nicwa.org
November 2025 Update
Hot Topics
Trump Administration Executive Orders Causing Concern in Indian Country
Starting with President Trump’s first day in office on January 20, 2025, his Administration began issuing numerous Executive Orders and other policies that are expanding the scope of the Executive Branch’s authority in the federal government and challenging constitutional norms regarding the powers of the Executive Branch. These actions are putting roadblocks up to accessing federal funding authorized for Tribal Nations by Congress, eliminating federal staff positions that help oversee and administer federal programs for Tribal Nations, and allowing federal agencies to change regulatory policy that impacts Tribal Nations without notice or consultation. As of November 2025, the Administration has issued 212 Executive Orders and the number is expected to grow. You can find a regularly updated list of Executive Orders here. NICWA has summaries of key Executive Orders that impact Tribal Nations and Native Children and Families here.
Examples of Executive Orders and administrative policies that have impacts for Tribal Nation human service programs and Native children and families:
- Office of Information and Regulatory Affairs, under the Office of Management and Budget (OMB), memorandum “Streamlining the Review of Deregulatory Action” (see also EO 14192, Unleashing Prosperity Through Deregulation). The OMB memo states the Trump Administration’s goal to streamline and speed up the deregulation process for regulations that they consider “facially unlawful.” OMB says agencies shall evaluate and make determinations about what regulations are “facially unlawful” and adds that regulations that are identified as “facially unlawful” will not require notice or a public comment period before making changes. The memo specifically states that existing executive orders on Federalism (EO 13132) and Tribal Consultation (EO 13175) that require federal agencies to conduct consultation on the impacts of regulatory policy should not be assumed to apply with this Administration’s deregulatory process. This policy directive provides federal agencies with the justification for making changes to federal regulations on an expedited basis without any Tribal notice or input.
- Executive Order 14332 Improving Oversight of Federal Grantmaking. This Executive Order establishes a “senior appointee” in federal agencies to review grants to “ensure that they are consistent with agency priorities and the national interest.” The Executive Order outlines that going forward, the Director of Office of Management and Budget should revise agencies’ process of reviewing grant applications and require all discretionary grants to allow for termination by convenience, including if it is found that the award no longer advances agency priorities or the national interest. This is an additional level of review that could slow down the process of grantmaking and raise concerns on how senior appointees might interpret whether Tribal discretionary grants support agency priorities or the national interest.
- Executive Order 14151 Ending Radical and Wasteful Government Diversity, Equity and Inclusion (DEI) Programs and Preferencing and Executive Order 14173 Ending Illegal Discrimination and Restoring Merit-Based Opportunity. These Executive Orders require federal agencies to assess programs, grants, and contracts within their agencies for DEI promotion or activities and eliminate the programs and funding that support them. While Tribal Nations and Native people have a unique political status that is the basis for federal programs and policies that address their needs and are separate from their racial status, there are numerous reports of federal programs and activities related to tribal nations being canceled based on them being considered DEI-related. This may also have an impact on technical assistance or other services being offered by Native organizations under contract with the federal government.
- Executive Order 14170 Reforming the Federal Hiring Process and Restoring Merit to Government Service and Executive Order 14210 Implementing the President’s “Department of Government Efficiency” Workforce Optimization Initiative: While Tribal Nations and Native people have a unique political status that is the basis for federal programs and policies that address their needs and is separate from their racial status, there are concerns that the language in the Executive Order does not address the unique status of Indian Preference in hiring that is separate from hiring prohibitions based upon race, sex, or religion. Executive Order 14210 seeks to reduce the federal workforce dramatically, requiring federal agency heads to consult with and seek approval for new hires from the newly created Department of Government Efficiency (DOGE). This could impede the hiring of federal staff with relevant experience in the support and administration of federal programs Tribal Nations access.
- Repeal of Richardson Waiver in the regulatory process at HHS: The Richardson Waiver has been used for a number of years to promote greater public knowledge and input into the federal agency regulatory process. Among other things, it allows public comments on proposed regulation changes. The Department of Health and Human Services has issued a Rule (policy statement) revoking the use of the Richardson Waiver and reducing or eliminating the use of public comments in the regulation process going forward. This will severely limit the ability of tribal nations to comment on HHS regulation changes and raises concerns about changes being made to regulations that introduce barriers to tribal access and operation of federal programs and weaken protections for Native people contained in existing federal regulations.
Secretary of the Department of Interior (DOI), Doug Bergum, issued Secretary’s Order 3415 that exempts the Department’s treaty and trust obligations to Tribal Nations from DEI policies identified in Presidential Executive Order 14151. Following the DOI Order, the Office of General Counsel for the Department of Health and Human Services (HHS) issued an advisory opinion (25-01) in response to a question about the application of Executive Order 14151 to Indian Health Services programs. In their opinion, they state that Executive Order 14151 and a number of related Executive Orders should not be interpreted to rescind, eliminate, hinder, or impair the Department’s legal obligations to Tribal Nations. While these departmental orders and opinions are helpful, there are still questions about how the policies of the new Administration will impact Tribal Nation human service program funding, federal staffing for programs that tribal nations administer, and changes for state programs that will trickle down to Native children and families in state human service systems.
If your Tribe or urban Native organization is seeing impacts from these or other Executive Orders, you can provide information to the Senate Committee on Indian Affairs by emailing them at oversight@indian.senate.gov. The Committee is tracking impacts to Indian Country from Executive Orders and communicating concerns to the Administration. All information provided will be held confidential. You can also contact NICWA Government Affairs and Community Development Specialist Evan Roberts at evan@nicwa.org to provide information on your experiences.
Administration for Children and Families (ACF) Seeks Tribal Comments and Consultation on Implementation of the Supporting America’s Children and Families Act (P.L. 118-258)
ACF is moving to develop guidance on the implementation of the Supporting America’s Children and Families Act (see description of the law in Legislative Policy section). The legislation was enacted into law in early January 2025 and contains several helpful provisions for Tribal Nations, including increased funding, streamlining of administrative reporting requirements, collecting and reporting data on state implementation of the Indian Child Welfare Act (ICWA), and development of technical assistance for Tribes and states to improve ICWA implementation.
To collect comments on implementation of the law, ACF is seeking written comments on elements of the law regarding technical assistance, streamlining of reporting requirements, Tribal engagement in state court child welfare proceedings, and improving development of Tribal evidence-based prevention services. The ACF announcement seeking written comments can be found here, and NICWA’s written comments can be found here. In addition, ACF is holding Tribal consultations on the law, in-person and virtual, through December 2025. Tribal comments can be shared at these consultations or via written comments that are due by January 9, 2026. You can find information about the Tribal consultations and submission of written comments in the Dear Tribal Leader Letter disseminated by ACF.
Because of the government shutdown, ACF cancelled Tribal consultations scheduled in October and November. NICWA is urging Tribal Nations to reach out to ACF leadership and request they reschedule the consultations that were cancelled and extend the date for written comments. You can send your request to Laurel.IronCloud@acf.hhs.gov. Tribal provisions in the new law have the potential to improve Tribal child welfare capacity and improve data and reporting on ICWA compliance. NICWA has provided sample talking points that you can adapt for the Tribal consultations.
Legislative
Child Welfare Legislation Contains Benefits for Tribal Child Welfare Systems
On January 4, 2025, President Biden signed into law the Supporting America’s Children and Families Act (P.L. 118-258). The legislation reauthorizes two child welfare programs under Title IV-B of the Social Security Act that provide some of the most flexible federal funding for Tribes and states to help children at risk of removal into foster care stay at home safely. The legislation contains several provisions that benefit Tribal Nations and Native children and families.
Key child welfare provisions in the new law include:
- Increase mandatory funding under Title IV-B, Subpart 2 of the Social Security Act (Promoting Safe and Stable Families Program) that increases funding for existing Tribal grantees and will allow new Tribes to qualify to receive the funding (Section 107 through an increase to the overall appropriation).
- Change the current Tribal funding mechanism under Title IV-B, Subpart 1 of the Social Security Act (Child Welfare Services) from the outdated regulatory formula to a 3% set-aside from the overall appropriation. This will provide a small increase in Tribal funding under the program (Section 107).
- Increase funding for the Tribal Court Improvement Program from $1 million to $2 million per year (Section 107).
- Authorize the Secretary of the Department of Health and Human Services (HHS) to modify Title IV-B reporting requirements for Tribes and states to reduce administrative burden (Sections 106 and 107).
- Require HHS to use data to assess state strengths and areas for improvement regarding ICWA compliance and provide a bi-annual report to Congress (Section 107).
- Require HHS to provide technical assistance to states and Tribes for the purpose of supporting effective implementation of ICWA (Section 107).
- Require HHS to consult with Tribes on the development of guidelines to maximize the engagement of Tribes in state court proceedings involving ICWA (Section 104).
- Allow Tribes the option of using their federally negotiated indirect rate in the operation of Title IV-B programs (Section 107).
- Clarify Tribes as eligible to 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 (Section 108).
- Authorize the Secretary of HHS to waive or modify an application requirement or matching requirement for Tribal grants addressing the needs of foster children who have parents that are incarcerated (Section 113).
- Require the Secretary of HHS to use Tribally relevant data in carrying out evaluation activities for Tribal grants addressing the needs of foster children who have parents that are incarcerated (Section 113).
In addition, the law also authorizes Tribal Nations to access the Treasury Offset Program (TOP) that allows states and Tribes to access tax returns of parents that are behind in child support payments (Section 202). The funds are then distributed to the custodial parent. Previously, only states were allowed to utilize this program. The National Tribal Child Support Association and National Association of Tribal Child Support Directors were key supporters of this legislation.
NICWA worked on the legislation for over two years with Tribal advocates to develop Tribal provisions and secure passage of the legislation before the end of the congressional session last December. Reauthorizations of major child welfare laws only happen every 10 years, so it was critical that Tribal voices were heard in the process.
Administrative
Department of Treasury Developing Guidance on Implementation of Tribal Adoption Tax Credit
Tucked into the One Big Beautiful Bill Act (P.L. 119-21) is a provision that allows families that adopt through a Tribal court eligibility to receive the federal adoption tax credit. This federal tax credit has been available since 1997 for families that adopted a child with special needs through a state court, but the new law now extends that eligibility to adoptions performed in Tribal courts. The new law requires that a Tribe (or state) must make a determination that a child being adopted meets the Tribe’s criteria for being special needs. Tribes and states are given flexibility to define what constitutes “special needs” which can include several factors including the child’s ethnic background or race, age, medical condition, or presence of physical, mental, or emotional disabilities. The tax credit includes the option to receive tax credits (lower tax liability) for reasonable costs associated with an adoption and the ability to seek full refundability for up to $5,000 for associated costs.
The Treasury Department held a consultation for Tribal Nations and Tribal organizations on Monday, September 15, to receive comments on the development of guidance by the Internal Revenue Service to implement the Tribal tax credit provisions. Over 20 Tribal leaders, representatives and NICWA attended the consultation and provided recommendations on the development of implementing guidance. NICWA focused primarily on the importance of recognizing all forms of Tribal adoption, including adoptions that don’t require termination of parental rights, such as Tribal customary adoption. NICWA’s comments also recommended that the guidance recognize all forms of Tribal courts or processes used to finalize adoptions and be flexible in how they define child welfare agency and adoption assistance services. You can find a copy of NICWA’s comments here. You can find a copy of the Treasury letter to Tribal leaders that describes the new law here.
Appropriations
Senate and House Pass Legislation to End the Government Shutdown
After the longest government shutdown in modern history, the Senate and House have approved a continuing resolution (CR) that will fund three program areas of the government for the remaining year and the remaining areas until January 30, 2026, giving Congress until then to develop a final bill that will fund all of the federal government for the rest of fiscal year 2026. President Trump is expected to sign the legislation into law within the week. The three federal program areas that received full funding for the fiscal year in the continuing resolution (H.R. 5371) include Agriculture, Veterans Affairs and Military, and Legislative Affairs (Congress). Additional federal departments like Health and Human Services and Department of Interior still need Congress to agree to funding levels for the rest of the fiscal year.
In addition, the Senate Majority Leader, Senator John Thune, has promised Senate Democrats that he will hold a vote on extension of the Affordable Care Act (Obama Care) health care insurance subsidies that will expire at the end of December 2025. The House Speaker, Mike Johnson, is leading efforts to pass the Senate CR, but has not committed to holding a vote on extending the Obama Care subsidies, creating some additional complications in getting the bill passed in the House.
Another provision in the bill reverses federal staff layoffs that were ordered by the Administration during the government shutdown. The Administration began laying off thousands of federal employees at the beginning of the government shutdown and continued until just recently when a federal judge ordered a stop to the layoffs. The language requires, “Any employee who received notice of being subject to such a reduction in force shall have that notice rescinded and be returned to employment status as of September 30, 2025, without interruption” and that those employees “shall receive all pay to which they otherwise would have been entitled.”
What will happen between the signing of the CR into law and the January 30, 2026, deadline to fully fund the rest of the federal government is yet to be seen. Likely, Democrats will push for a full extension of the Obama Health Care insurance subsidies and will condition their support for the next round of funding bills upon the outcome of their negotiations with Republicans in Congress.
Each year NICWA identifies policy priorities that will guide our efforts and focus our resources during the calendar year.