Tribal Courts and Child Welfare Series
Deadline is July 15. These are grants for tribes interested in changing their codes and manuals to access direct federal funding (up to 83%) for the administration and training of their social service agencies, and maintenance payments to foster families.
If you are an in-house attorney who would like to know more about this, please let me know.
Late last week, this article from Politico started making the rounds:
But the Trump administration contends the tribes are a race rather than separate governments, and exempting them from Medicaid work rules — which have been approved in three states and are being sought by at least 10 others — would be illegal preferential treatment. “HHS believes that such an exemption would raise constitutional and federal civil rights law concerns,” according to a review by administration lawyers.
The Tribal Technical Advisory Group sent a letter to Administrator Verma, linked to in the article and also posted here. The Dear Tribal Leader letter from CMS is attached as an appendix to that letter. As the article states, the letter says “Unfortunately, we are constrained by statute and are concerned that requiring states to exempt AI/ANs from work and community engagement requirements could raise civil rights issues” with no further explanation.
Centers for Medicare & Medicaid Services (CMS) is a division of the Department of Health and Human Services (HHS). So is the Administration for Children and Families (ACF), which has recently called into question the Final Rule on collecting additional data on children in foster care, including important elements on ICWA and also LGBTQ+ kiddos.
On Monday, President Donald Trump nominated Alex Azar, a former Indianapolis-based drug executive and longtime Pence supporter as Health and Human Services secretary. If confirmed, Azar would join an Indiana brain trust that already includes Centers for Medicare & Medicaid Services Administrator Seema Verma and Surgeon General Jerome Adams. Two of Verma’s top deputies — Medicaid director Brian Neale and deputy chief of staff Brady Brookes — are former Pence hands as well, as is HHS’ top spokesman, Matt Lloyd.
Finally, in late March, Texas, which had added two additional states as plaintiffs in the first amended complaint–Indiana and Louisiana–amended their complaint in Texas v. Zinke to include HHS and Secretary Azar as defendants in the ICWA lawsuit, where Count IV claims ICWA’s placement preferences violate the Equal Protection Clause of the Constitution.
As a Child and Family Program Specialist within the Children’s Bureau (CB), Administration on Children, Youth, and Families (ACYF), Administration for Children and Families (ACF), Department of Health and Human Services (HHS), you will assist states and tribes develop and improve child welfare systems. We provide guidance and technical assistance to the states and tribes on federal law, policy, and program regulations. Our program focuses on child safety, permanency, and well-being which are paramount in our monitoring and technical assistance efforts. Program specialists participate in planning, developing and carrying out a results-focused monitoring process to improve the effectiveness of state Child and Family Service programs.