First Tribal Title IV-B 477 Integration

I am very excited about this. It’s the first step in loosening up the restrictions on HHS money that needs to be flowing to tribes for social service and justice systems.

https://www.acf.hhs.gov/media/press/2023/first-tribal-integration-title-iv-b-child-welfare-programs-477-plan

The new integration comes under Public Law 102-477 (P.L. 102-477). Specifically, ACF recommended, and BIA approved for Citizen Potawatomi Nation, to integrate its child welfare services grants with several other federal grants for employment, training and related services into a single program and budget to address Tribal priorities. 

“Public Law 102-477 has long been critical legislation for ACF to promote Tribal sovereignty, and expansion to include new ACF programs helps meet our nation-to-nation responsibilities,” said ACF Acting Assistant Secretary Jeff Hild. “The feedback we hear from our Tribal advisory committee and Tribal leaders is Tribes know best how to serve their citizens, and 477 is one way to do this.” 

Under P.L. 102-477, Tribes can integrate their federal employment, training and related services from across the federal government to improve the effectiveness of those services. Tribes wishing to integrate a program into a 477 plan must first submit a proposed plan to DOI that identifies the programs to be integrated and consolidated. Once a program is included in such a plan, Tribes have very broad flexibility in use of those funds. 

Healing to Wellness Court Hybrid Conference, Sept 27-29, 2023

Restoring the Path of Healing to Wellness

September 27-29, 2023

Visit tjstraining.com to register, find travel logistics, and browse the agenda.

The conference (hosted in Bar Harbor, ME and on Zoom Webinar) offers a unique opportunity to observe actual court proceedings, engage with court staff, and hear from program participants who have successfully navigated their path toward recovery.

Topics Include

The Workings of Multi-Disciplinary Teams
Mock Team Meeting Session 
Mock Court Session
Success Stories
Funding Sources and Collaboration

Hosted by Penobscot and Passamaquoddy in collaboration with the five Tribes of Maine, United States Department of Justice, Office of Justice Programs, United States Department of Health and Human Services, ACF and SAMSHA, United Stated Department of Agriculture, Funded by Tribal Justice Support

Dear Tribal Leader Letter re. ICWA Support

Letter Here

The Administration (DOI, HHS, and DOJ) are asking for input on the following:

What additional supports would Tribal leaders find helpful to build their Tribe’s capacity to exercise their rights and responsibilities under ICWA? 

Are there specific supports you believe the federal government could provide to help state courts and child welfare agencies meet their obligations under ICW A?

In your experience, are there specific aspects or requirements of ICWA where state courts and agencies need to build greater understanding or capacity? 

Are there existing State-Tribe collaborative partnerships or processes that you believe have helped support effective implementation ofICWA? 


Consultation is August 7 online and August 11 in Anchorage. Commends are due by September 15, 2023.

I might note the lawsuit regarding data and ICWA is ongoing in the Ninth Circuit, though the Administration has promised to issue a notice of rule making in October. A description of the issue of funding tribal systems (with citations) can be found here.

CB Letter to State and Tribal Leaders Regarding Families First and Kinship Funding

Child-Welfare-Leader-letter-on-Kinship-Nav-and-Transition-Grant-flexibilities-002

The Family First Transition Act authorized and appropriated $500 million for this new one-time grant to assist with implementation of FFPSA and other child welfare activities. The funding is available to all states, territories and tribes approved to receive grants * * * in light of the current public health emergency and the increased burdens facing child welfare agencies, the Children’s Bureau has determined that we will not require a separate application for this funding. Instead, the Administration for Children and Families (ACF) will proceed to make awards to all eligible grantees as soon as possible. Acceptance of the grant by the agency will indicate its agreement to provide required programmatic and financial reports.

Funding Opportunity: Tribal Court Improvement Program

Application Deadline: April 20, 2015

Full details available here

Description

The Administration for Children and Families, Children’s Bureau announces the availability of awards to provide tribes and tribal consortia the opportunity to compete for grants to enable tribal courts to:

(1) Conduct assessments of how tribal courts handle child welfare proceedings and to make improvements to court processes;

(2) Implement improvements to provide for the safety, permanency and well-being of children as set forth in the Adoption and Safe Families Act of 1997 (Pub. L. 105-89) and increase and improve engagement of the entire family in court processes relating to child welfare, family preservation, family reunification and adoption;

(3) Ensure children’s safety, permanence, and well-being needs are met in a timely and complete manner (through better collection and analysis of data); and

(4) Provide for training of judges, attorneys, and other legal personnel in child welfare cases.

Grant funds may not be used to hire attorneys or judges, fill vacant court personnel positions, or otherwise supplant funding for tribal government positions.

Hammitte v. Leavitt: Detroit Urban Indians Case Dismissed

The federal district court in Detroit granted the motion to dismiss filed by the United States/Indian Health Service on October 11, 2007.

The opinion is here.

Hammitte v. Leavitt Complaint

United States Motion to Dismiss

Hammitte Response to Motion

United States Reply Brief