25 C.F.R. Subpart E—Child Assistance
Title 25 - Indians
A child is eligible for Child Assistance under this subpart if all of the following criteria are met: (a) The child must meet the requirements in §20.300. (b) The child's legally responsible parent, custodian/guardian, or Indian court having jurisdiction must: (1) Request assistance under this part in writing; (2) State that they are unable to provide necessary care and guidance for the child, or to provide for the child's special needs in his/her own home; and (3) Provide a documented social services assessment from the social services worker of whether parent(s), custodian, guardian(s) are able to care for their child. (c) All income accruing to the child, except income exempted by federal statute, must be used to meet the cost of special needs, foster home or residential care facility as authorized and arranged by social services. The social services program can use Child Assistance funds to pay for services as shown in the following table. You, the social service program, can use Child Assistance funds to purchase or contract for room and board in licensed residential care facilities. (a) You can use Child Assistance funds to pay only for room and board. You must pay for other services that may be needed, including mental health, education, and physical therapy from other sources. (b) Before placement the various funding sources must sign an agreement that specifies the services each source will pay. The Bureau Line Officer must approve this agreement. You, the social services program, can use Child Assistance funds to provide either adoption or guardianship subsidies if all of the following are true: (a) The child is 17 or younger; (b) The child has been in foster care prior to approval of the subsidy; (c) The social services worker has considered all other available resources, attempted permanency planning, and documented in the case file that placement was in the best interest of the child; and (d) The Bureau Line Officer approves the subsidy before it is authorized and redetermines eligibility on a yearly basis. You, the social services program, can use Child Assistance funds to pay for homemaker services as specified in §20.501 and this section. While housekeeping services are covered, homemaker services must focus on training household members in such skills as child care and home management. Homemaker services are provided for: (a) A child who would otherwise need foster care placement or who would benefit from supportive (protective) supervision; (b) A severely handicapped or special needs child whose care places undue stress on the family; or (c) A child whose care would benefit from specialized training and supportive services provided to family members. The services listed in this section are provided by Services to Children, Elderly, and Families under this subpart jointly with the Child Assistance Program. (a) Social services provided for children in their own home aimed at strengthening the family's ability to provide for and nurture their child. These supportive services can include: (1) Social work case management; (2) Counseling for parents and children; (3) Group work, day care; and (4) Homemaker services, when necessary. (b) Protection of Indian children from abuse, neglect or exploitation in coordination with law enforcement and courts. (c) A written case plan must be established within 30 days of placement and reviewed within 60 days of placement or as outlined in tribally established standards, when temporary placement outside the home is necessary. The case plan must contain a written agreement signed among the various funding sources to identify the services that will be paid by each source in those instances where the child requires services outside the authority of the Child Assistance program. At a minimum the following information is required: (a) Tribal enrollment verification in accordance with §20.100; (b) A written case plan (established within 30 days of placement), which would include a permanency plan detailing the need for and expected length of placement; (c) Information on each child's health status and school records, including medications and immunization records; (d) Parental consent(s) for emergency medical care, school, and transportation; (e) A signed plan for payment, including financial responsibility of parents and use of other appropriate resources; (f) A copy of the certification/license of the foster home; (g) A current photo of each child; (h) A copy of the social security card, birth certificate, Medicaid card and current court order; (i) For a placement beyond 30 days, copy of the action taken or authorized by a court of competent jurisdiction that documents the need for protection of the child; (j) For an involuntary placement, a social services assessment completed by a social services worker within 30 days of placement; (k) Documentation of a minimum of one visit to the placement setting per month by the social services worker with each child; and (l) A list of all prior placements, including the names of the foster parents and dates of placements. If a child needs foster care, the social services worker must select care that meets the physical, behavioral, and emotional needs of the child. Foster care is intended to be short-term. The case plan must show that all of the requirements in paragraphs (a) through (c) of this section are met: (a) All foster homes must be certified or licensed by the tribe or other appropriate authority. Foster care placements beyond 30 days must be made through a court of competent jurisdiction to ensure that: (1) Federal background checks are completed prior to placement as required by Public Law 101–630; and (2) Training (optional for placements with relatives) is provided to the foster family. (b) If the child is placed with relatives in an adoption and guardian placement, the case file must contain an approved current home study. (c) An off-reservation foster home, or residential care facility under contract must meet the licensing standards of the state in which it is located or tribally established certifying/licensing standards. The social services agency must make efforts to secure child support for the child in foster care or residential care through a court of competent jurisdiction. When a child is placed in foster care or a residential care facility the social services worker must do all of the following: (a) Discuss with foster parents or caretakers, the child's special needs, including disabilities; (b) Provide counseling or referral to available resources; (c) Refer any child requiring medical, substance abuse, or behavioral (mental) health services to an appropriate health services to be assessed and to receive services; (d) Ensure that the case plan provides for all necessary costs of care (including clothing, incidentals, and personal allowance) in accordance with established state standards of payments; (e) Develop a foster family agreement signed and dated by the parties involved that specifies the roles and responsibilities of the biological parents, foster parents, and placing agency; the terms of payment of care; and the need for adherence to the established case plan; (f) Immediately report any occurrences of suspected child abuse or neglect in a foster home or residential care facility to law enforcement and protective services in accordance with tribal standards and reporting requirements under Public Law 101–630; and (g) Complete a yearly assessment of each tribal or state licensed foster home or residential care facility evaluating how the home has fulfilled its function relative to the needs of the child placed in the home. The court retains custody of a child in placement and the care and supervision must be given to the appropriate social services agency. While the court can issue any court order consistent with tribal law, the courts do not have the authority to require expenditure of federal funds to pay for specifically prescribed or restrictive services or out-of-home placements of children. Case plans must be reviewed with the appropriate court at least every 6 months and a permanency hearing held within 12 months after a child enters foster care or residential care, or according to established tribal standards. These standards can be established in the tribal code and can be in accordance with available funding source requirements. Permanency planning must be developed for all child placements within 6 months after initial placement of the child. Every reasonable effort will be made to preserve the family and/or reunify the children with the family and relatives when developing permanency plans. However, the child's health and safety are the paramount concern. The Bureau is not an authorized adoption agency and staff must not arrange adoptive placements. However, long-term permanency planning can involve the Bureau social services workers cooperating with tribal courts to provide an adoption subsidy. Tribal contractors will provide adoption services as authorized by the tribal courts in accordance with tribal codes/law. Interstate compact agreements should be used when appropriate for foster care, adoption and guardianship to protect the best interests of the child and to assure the availability of the funding resources and services from the originating placement source. The courts can request the following: (a) Investigations of law enforcement reports of child abuse and neglect; (b) Assessment of the need for out-of-home placement of the child; and (c) Provision of court-related services following adjudication, such as monitoring, foster care, or residential care, or pre/post placement services. Social services workers must document regular contact with children and families in accordance with specific program requirements. The social services agency is responsible for implementation of quality case management; this requires the supervisor's review of case plans every 90 days. Reported child abuse, neglect or exploitation cases and the requirement for background clearances will be handled in accordance with the Indian Child Protection and Family Violence Prevention Act of 1990, Public Law 101–630, 25 CFR part 63, federal and/or state laws where applicable, and tribal codes which protect Indian children and victims of domestic violence. This includes developing and maintaining Child Protection Teams in accordance to Public Law 101–630 and collection of child abuse, neglect and exploitation data according to Public Law 99–570. Those cases referred by the state will be handled according to the Indian Child Welfare Act, Public Law 95–608, and 25 CFR part 23.
Title 25: Indians
PART 20—FINANCIAL ASSISTANCE AND SOCIAL SERVICES PROGRAMS
Subpart E—Child Assistance
§ 20.500 Who is eligible for Child Assistance?
How Child Assistance Funds Can Be Used
§ 20.501 What services can be paid for with Child Assistance funds?
------------------------------------------------------------------------ Conditions that must Maximum payment Service that can be paid be met level------------------------------------------------------------------------(a) Room and board at There must be no The state or county residential care facilities other resources residential care licensed by the tribe or available to pay rate in the state state. these costs. See in which the child § 20.502 for resides. other conditions that must be met.------------------------------------------------------------------------(b) Adoption or guardianship There must be no The Bureau's maximum subsidies. other resources adoption and available to pay guardianship for this service. payment standard. See § 20.503 for other conditions that must be met.------------------------------------------------------------------------(c) Short-term homemaker There must be no As approved by the services. other resources Bureau line (such as Medicaid) officer. available to pay for this service. Services can be purchased for a maximum of 3 months. See § 20.504 for other conditions that must be met.------------------------------------------------------------------------(d) Temporary foster care... See § 20.509 The state or county for conditions that foster care rate in must be met. the state in which the child resides.------------------------------------------------------------------------
§ 20.502 Can Child Assistance funds be used to place Indian children in residential care facilities?
§ 20.503 When can Child Assistance funds be used for Indian adoption or guardianship subsidies?
§ 20.504 What short-term homemaker services can Child Assistance pay for?
§ 20.505 What services are provided jointly with the Child Assistance Program?
Foster Care
§ 20.506 What information is required in the foster care case file?
§ 20.507 What requirements must foster care providers meet?
§ 20.508 What must the social services agency do when a child is placed in foster care, residential care or guardianship home?
§ 20.509 What must the social services worker do when a child is placed in foster care or residential care facility?
§ 20.510 How is the court involved in child placements?
§ 20.511 Should permanency plans be developed?
§ 20.512 Can the Bureau/tribal contractors make Indian adoptive placements?
§ 20.513 Should Interstate Compacts be used for the placement of children?
§ 20.514 What assistance can the courts request from social services on behalf of children?
§ 20.515 What is required for case management?
§ 20.516 How are child abuse, neglect or exploitation cases to be handled?
