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9.2  TRIBES/INDIAN TRIBAL ORGANIZATIONS, Application of Title IV-E Eligibility Requirements for Title IV-E Tribal Agencies

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Question 1.  
 A placement is made by an Indian Tribe, can title IV-E payments be made only if the Tribe is certified by the State as a child placing agency?

Question 2.  
 Must foster family homes approved through the tribal process meet the same standard as homes licensed by the State?

Question 3.  
 In establishing title IV-E eligibility for adoption assistance, is termination of parental rights the only mechanism for demonstrating that a child cannot or should not be returned home?

Question 4.  
 By what authority are Tribes restriced to licensing homes that are on or near Indian reservations?

Question 5.  
 May a State establish and implement a policy that limits foster care maintenance payments and child welfare services for Indian children to only those who are title IV-E eligible?

Question 6.  
 If the child will not receive title IV-E foster care maintenance or adoption assistance payments, must a prospective foster parent or adoptive parent who will be licensed or approved by an Indian tribe meet the requirements of 471(a)(20) of the Social Security Act (the Act)?

Question 7.  
 Section 471(a)(20)(A)(i) and (ii) of the Social Security Act (the Act) prohibit a State from claiming title IV-E foster care maintenance payments or adoption assistance payments when prospective foster or adoptive parents have been convicted of certain crimes. Are there any exemptions or exceptions permitted from this requirement, such as the State or Indian tribe under a title IV-E agreement with the State considers the prospective parent rehabilitated or the placement is in the best interests of the child?

Question 8.  
 Is an Indian tribe that has a title IV-E agreement under section 472(a)(2)(B)(ii) of the Social Security Act (the Act) permitted an exemption or exception to the background check provisions of section 471(a)(20) of the Act?

Question 9.  
 Section 479B(c)(1)(C)(ii)(I) of the Social Security Act permits affidavits and nunc pro tunc documents to be used for the first 12 months of a tribal title IV-E plan to verify reasonable efforts and contrary to the welfare judicial determinations. May a nunc pro tunc order used by a Tribe to verify these judicial determinations be signed by a judge other than the judge who originally made the contrary to welfare or reasonable efforts determinations?

Question 10.  
 If a Tribal title IV-E agency places an Indian child in accordance with the Indian Child Welfare Act (ICWA), does that violate section 471(a)(18) of the Social Security Act (the Act)?

Question 11.  
 Do Indian Tribes have to operate the title IV-B programs to operate a title IV-E program?

Question 12.  
 A IVE/IVB agency must must file a petition to terminate the parental rights (TPR) of a child in foster care, (unless there is an exception) under certain circumstances, such as when a child has been in foster care for 15 of the most recent 22 months (see 475(5)(E) of the Act). A TPR may affect a child's ability to be a full member of his/her tribe, preventing the child from accessing services and benefits available to tribal members. May a tribal agency develop an alternative to terminating a parent's rights (TPR) that allows the child to retain full membership in the tribe, such as a modification of parental rights?

Question 13.  
 If a tribal title IV-E agency's service area spans more than one state, how should the agency determine whether the child is AFDC eligible?



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