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P.L. 110-351: Child Welfare Services for Tribal Children. David Simmons, Director of Government Affairs and Advocacy Terry L. Cross, Executive Director NICWA. 503-222-4044, ext. 119 desimmons@nicwa.org. New Funding and Services.

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P l 110 351 child welfare services for tribal children

P.L. 110-351: Child Welfare Services for Tribal Children

David Simmons, Director of Government Affairs and Advocacy

Terry L. Cross, Executive Director

NICWA

503-222-4044, ext. 119

desimmons@nicwa.org


New funding and services
New Funding and Services

P.L. 110-351 (Section 301) provides new funding to support a variety of services for tribal children under tribal jurisdiction, including foster care, adoption and guardianship placements, and independent living services.


Why is 110 351 important
Why is 110-351 Important?

  • 110-351 can help tribes meet placement needs as they rise (open ended entitlement).

  • Can provide opportunities to shift non-IV-E funds to services that prevent removal.

  • Provides training and administration funding that other sources don’t.

  • Strengthen ICWA authority and relationships with state agencies.


What iv e does not pay

Treatment/mental health services

Child protection services

Family or in home services

What IV-E Does Not Pay


Key provisions of 110 351

Allows for tribes, tribal organizations and tribal consortium to operate IV-E. (effective October 1, 2009).

Can operate through agreement or direct funding

Can apply anytime after effective date for reimbursement.

Key Provisions of 110-351


Overview
Overview consortium to operate IV-E. (effective October 1, 2009).

  • Within the Title IV-E program there are 3 different components: maintenance, administrative and training.

  • Each have different policy, administrative and fiscal requirements.

  • In order to successfully apply for and operate the program you will need to have addressed each of these areas.


Reimbursement
Reimbursement consortium to operate IV-E. (effective October 1, 2009).

Maintenance

FMAP x Penetration Rate x Maintenance Payment = federal reimbursement

FMAP: Federal Medical Asst. Payment

Penetration Rate: % of total # of children in care that are IV-E eligible

Example: 75% x 80% x $400 = $240


Reimbursement1
Reimbursement consortium to operate IV-E. (effective October 1, 2009).

Administration

Eligible Admin. Costs x Penetration Rate x 50% (IV-E Admin. match rate) = federal reimbursement

Admin. costs are determined by time study with staff performing IV-E services - % of staff salary or other direct costs related to IV-E activities

Example: $1000 x 80% x 50% = $400


Reimbursement2
Reimbursement consortium to operate IV-E. (effective October 1, 2009).

Training

Eligible training costs x penetration rate x 75% (IV-E training match rate) = federal reimbursement

Training costs are direct costs of training specific to IV-E activities. Training for social work staff and care providers. IV-E training match rates are graduated for training of other personnel involved in IV-E.

Example: $2000 x 80% x 75% = $1200


Key provisions of 110 3511
Key Provisions of 110-351 consortium to operate IV-E. (effective October 1, 2009).

  • States must negotiate in good faith if tribe requests an agreement.

  • Eligibility for tribal children is based in part upon the child’s family meeting an income eligibility standard (must have been eligible for AFDC under 1996 standards).

  • Tribes define their service area and population.


Key provisions of 110 3512
Key Provisions of 110-351 consortium to operate IV-E. (effective October 1, 2009).

  • Tribes can develop their own Federal Medical Assistance Payment rate (FMAP) rather than having to use the state’s rate.

  • FMAP is based upon the per capita income of the tribal area population and determines the amount of federal match payments that tribes receive for foster care payments (maintenance payments to caregivers).


Key provisions of 110 3513
Key Provisions of 110-351 consortium to operate IV-E. (effective October 1, 2009).

  • As an incentive to states to continue agreements with tribes, they can use the tribe’s FMAP instead of their own. Many states provide some of the non-federal match to tribes in agreements and this would decrease the amount states would need to provide.


Key provisions of 110 3514
Key Provisions of 110-351 consortium to operate IV-E. (effective October 1, 2009).

Any Indian child currently receiving Title IV-E benefits will not have their benefits terminated as a result of this legislation, regardless of whether an existing tribal-state agreement remains in force.


Key provisions of 110 3515
Key Provisions of 110-351 consortium to operate IV-E. (effective October 1, 2009).

  • Tribes can utilize their own foster care standards as long as they are reasonably in accord with standards developed by national organizations (NICWA has approved standards).

  • Tribes and states may waive non-safety licensing standards for relative care providers on a case-by-case basis (see Section 104) and IV-E agencies must provide due diligence to identify and provide notice to adult relatives when a relative child is placed into care (see Section 103).


Key provisions of 110 3516
Key Provisions of 110-351 consortium to operate IV-E. (effective October 1, 2009).

  • Must provide evidence of no uncorrected significant or material exceptions under Federal grants or contracts related to the administration of social services for 3 years prior to application.

  • Non-Federal Match Payments – tribes can use several sources, both cash and in-kind, for meeting the non-federal match requirements.

  • Cash sources can include tribal, state, federal (638 and self governance funds) and private (charitable organization).


Key provisions of 110 3517
Key Provisions of 110-351 consortium to operate IV-E. (effective October 1, 2009).

  • Nunc pro tunc (now for then) tribal court orders and affidavits can be used to make children eligible for IV-E where a previous court order did not address the “contrary to the welfare” requirement.

  • This is valid for 12 months after the tribal IV-E plan takes effect.


Key provisions of 110 3518
Key Provisions of 110-351 consortium to operate IV-E. (effective October 1, 2009).

  • Tribes can receive Chafee Independent Living funds directly through an application to DHHS or through an agreement with a state.

  • States are required to negotiate in good faith with tribes requesting agreements.


Assessing current capacity

Minimum Requirements consortium to operate IV-E. (effective October 1, 2009).

Tribal court

Tribal child welfare services agency

Fiscal management

Data collection and reporting

Foster care recruitment and licensing

Assessing Current Capacity


Assessing current capacity1
Assessing Current Capacity consortium to operate IV-E. (effective October 1, 2009).

Understanding the data:

  • How many children are placed in out of home care on an annual basis?

  • How many of these might be IV-E eligible (penetration rate)?

  • How would the distribution of tribal revenues to families and children affect their eligibility?


Assessing current capacity2
Assessing Current Capacity consortium to operate IV-E. (effective October 1, 2009).

Understanding the data:

  • What do you estimate the Federal Medical Assistance Payment rate would be in our service area?

  • How much federal funding might you be able to secure in administrative and training reimbursements?

  • How many tribal foster care, adoptive and guardianship homes are currently licensed?


Assessing current capacity3
Assessing Current Capacity consortium to operate IV-E. (effective October 1, 2009).

Relationships:

  • Have you identified collaboration partners (i.e. states, counties, tribal and private agencies)?

  • Do key leaders, staff and partners understand the challenges and benefits of IV-E?

  • Do they understand their roles and are they on board with your plan?


Assessing current capacity4
Assessing Current Capacity consortium to operate IV-E. (effective October 1, 2009).

Programmatic Assessment:

  • Service delivery system (array of services and capacity).

  • Program procedures (guide work).

  • Personnel (fiscal, social work, court and management).

  • Data collection capabilities (hardware, software, support and training).


Assessing current capacity5
Assessing Current Capacity consortium to operate IV-E. (effective October 1, 2009).

Fiscal Assessment:

  • Income eligibility determinations (could also be done by CW agency).

  • Cost allocation capacity.

  • Coordination of matching funds.

  • Reporting


Assessing current capacity6
Assessing Current Capacity consortium to operate IV-E. (effective October 1, 2009).

Policy Assessment:

  • Tribal juvenile codes

  • Court procedures

  • Agreements/contracts with partners

  • Foster care, adoptive and guardianship home licensing standards


Assessing current capacity7
Assessing Current Capacity consortium to operate IV-E. (effective October 1, 2009).

Training Assessment:

  • Training needs of care providers, social workers, court personnel and others.

  • Training resources (trainers, curriculum, etc.)


Assessing current capacity8
Assessing Current Capacity consortium to operate IV-E. (effective October 1, 2009).

Evaluation:

  • Data system design that captures both federal data requirements and tribal management data.

  • Process for regular program level evaluation and corrective action.

  • Process for participating in federal reviews.


Iv e decision making matrix
IV-E Decision-Making Matrix consortium to operate IV-E. (effective October 1, 2009).

  • Scope and Intent

    • Developed by NICWA with support from Casey Family Programs in 2009/2010

    • Designed primarily for tribes interested in pursuing direct funding

    • To help tribes measure their readiness for operating IV-E

    • Provides information on key issues related to program infrastructure and requirements


Iv e decision making matrix1
IV-E Decision-Making Matrix consortium to operate IV-E. (effective October 1, 2009).

  • Suggested Process

    • Develop a tribal IV-E study team (e.g. tribal leadership, child welfare, court, fiscal, licensing, and other key service providers and/or community members)

    • Use Decision Making Matrix, Fiscal Calculator, and other TA resources to learn more about the IV-E program (utilize regional office ACF staff)

    • Develop a TA plan to address needs and strategies for meeting needs

    • Become familiar with TA providers and how they can best meet your needs (e.g. peer-to-peer, consultants, Indian organizations, and ACF network)


Iv e decision making matrix2
IV-E Decision-Making Matrix consortium to operate IV-E. (effective October 1, 2009).

Format

  • Organized by identified key domain areas (10 plus a final section on additional considerations)

  • Each of the 10 domain areas contain

    • key federal program requirement areas

    • opportunities contained within the requirements

    • discussion regarding practice and policy implications and approaches

    • available resources, where applicable

      Disclaimer:

      The “Tribal Title IV-E Decision Making Matrix” is not an exhaustive list of all IV-E program requirements.


Nicwa iv e fiscal calculator
NICWA IV-E Fiscal Calculator consortium to operate IV-E. (effective October 1, 2009).

Format

  • Excel Workbook including 12 interconnected spreadsheets

  • Estimates potential reimbursement based on available data

  • Conforms to federal program requirements

  • Requires on-site TA (available from NICWA on a fee for services or collaborative funding basis)

    Disclaimer:

    The “Tribal Title IV-E Fiscal Calculator” is for estimation only and it accuracy is dependent on available data.


Other resources in 110 351
Other Resources in 110-351 consortium to operate IV-E. (effective October 1, 2009).

  • Section 302 of the bill – $3 million of new funding for technical assistance and one-time start up grants each year for tribes (effective October 7, 2008).

  • TA for tribes operating IV-B or IV-E programs.

  • Start up grants for tribes seeking to apply for IV-E (two years maximum - up to $300,000 per year).


National indian child welfare association

www.nicwa.org consortium to operate IV-E. (effective October 1, 2009).

National Indian Child Welfare Association

Let us put our minds together and see what kind of life we can build for our children - Sitting Bull