[Federal Register Volume 64, Number 87 (Thursday, May 6, 1999)]
[Proposed Rules]
[Pages 24296-24308]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-11334]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 64, No. 87 / Thursday, May 6, 1999 / Proposed
Rules
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DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
25 CFR Part 20
RIN 1076-AD95
Financial Assistance and Social Services Programs
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Proposed rule.
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SUMMARY: The Bureau of Indian Affairs (Bureau) is proposing to revise
the existing Financial Assistance and Social Services Program
regulations to incorporate rules for Burial Assistance, Child
Assistance, Disaster Assistance, Emergency Assistance, General
Assistance, Services to Children, Elderly and Families, and Tribal
Welfare Reform. All other sections are revised and renumbered to
conform to existing programmatic and budgetary statutes and conditions.
Also, these regulations have been rewritten in Plain English as
required by E.O. 12866. In keeping with the intent of Plain English, we
added more subparts for easier use in reference.
DATES: Comments must be received by July 6, 1999.
ADDRESSES: Mail comments to Division of Social Services, Bureau of
Indian Affairs, 1849 C Street, NW, MS-4660-MIB, Washington, DC 20240 or
hand deliver them to room 4660 at the above address. Comments will be
available for inspection at this address from 9:00 a.m. to 4:00 p.m.,
Monday through Friday beginning approximately May 26, 1999.
FOR FURTHER INFORMATION CONTACT: Larry Blair, Chief, Division of Social
Services, Bureau of Indian Affairs at telephone (202) 208-2479.
SUPPLEMENTARY INFORMATION: We last revised the financial assistance and
social services regulations in 25 CFR Part 20 in 1985. Since that time,
a number of important changes have occurred that are not reflected in
the existing regulations. These actions present an opportunity to
review the current priorities and policies contained in the regulations
and propose changes that conform to existing conditions. We've
considered the following factors in proposing changes in the current
regulations:
The primary purpose of the amendments is to provide clear,
concise regulations that will improve program implementation;
Congress has enacted a cap on the level of financial
assistance funding;
Existing financial assistance and social services
regulations do not provide for the development of tribal welfare
reform/redesign plans in accordance with tribal desires and existing
law;
Given fluctuations in financial assistance caseloads and
emergencies, it has been difficult to plan and refine the existing
service delivery framework;
The Department of Health and Human Services (HHS) has made
a policy decision to allow Temporary Assistance for Needy Families
(TANF) payments to be included as one of the grants under Pub. L. 102-
477;
Pub. L. 104-193 Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (PRWORA) reduced funding level
authorizations and requires General Assistance (GA) payments to be
equal to the level of state TANF payments; and
The Indian Child Protection and Family Violence Prevention
Act and the Adoption and Safe Families Act have established new
standards in child welfare, and the regulations need revision to
incorporate and consolidate additional child protection and permanency
planning requirements.
The continued focus and use of the financial assistance and social
services program needs to be on the reservation and other areas where
the Indian Community resides and where other government entities do not
provide reasonably comparable and available services. The Bureau
continues to support the policy that Indian people living away from
their reservation are eligible and should receive financial assistance
and social services from local state, county, and city resources on the
same basis as non-Indians. For the purposes of simplifying the
locations where we will provide the financial assistance and social
services program, we use the term ``service area'' in these regulations
and tell you how to get a service area if one does not yet exist.
Regulatory Planning and Review (E.O. 12866)
This document is not a significant rule and is not subject to
review by the Office of Management and Budget under Executive Order
12866.
(1) This rule will not have an effect of $100 million or more on
the economy. It will not adversely affect in a material way the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or tribal governments or
communities. Tribes have been operating this financial assistance
program for thirty years and the amount of funding is dependent upon
the local economy in terms of unemployment and extent of need for
funds. Approximately 400 tribes receive some form of financial
assistance yearly and the amount of funds varies according to caseload
increases and decreases.
(2) This rule will not create a serious inconsistency or otherwise
interfere with an action taken or planned by another agency.
(3) This rule does not alter the budgetary effects or entitlements,
grants, user fees, or loan programs or the rights or obligations of
their recipients.
(4) This rule does not raise novel legal or policy issues.
Regulatory Flexibility Act
The Department certifies that this document will not have a
significant economic effect on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). The rule
affects a number of Indian Communities throughout the nation but the
impact is not adverse because the financial assistance programs have
been in operation for many years and this regulation does not increase
cases and expenditures over prior year totals because it is dependent
upon the extent of need.
Small Business Regulatory Enforcement Fairness Act (SBREFA)
This rule is not a major rule under 5 U.S.C. 804(2), the Small
Business Regulatory Enforcement Fairness Act. This rule:
a. Does not have an annual effect on the economy of $100 million or
more. The financial assistance funds are
[[Page 24297]]
divided up between 400 Indian communities based upon need.
b. Will not cause a major increase in costs or prices for
consumers, individual industries, Federal, State, or local government
agencies, or geographic regions. This rule provides guidance for a
welfare benefit program and will not affect payment levels of eligible
clients nor cause increases or decreases in existing caseloads or total
expenditures.
c. Does not have significant adverse effects on competition,
employment, investment, productivity, innovation, or the ability of
U.S.-based enterprises to compete with foreign-based enterprises. This
program is a welfare benefit program and does not affect local
enterprises.
Unfunded Mandates Reform Act
This rule does not impose an unfunded mandate on State, local, or
tribal governments or the private sector of more than $100 million per
year. The rule does not have a significant or unique effect on State,
local, or tribal governments or the private sector. A statement
containing the information required by the Unfunded Mandates Reform Act
(1 U.S.C. 1531, et seq.) is not required.
Takings (E.O. 12630)
In accordance with Executive Order 12630, the rule does not have
significant takings implications. A takings implication assessment is
not required.
Federalism (E.O. 12612)
In accordance with Executive Order 12612 this rule does not have
significant Federalism effects. A Federalism assessment is not
required.
Civil Justice Reform (Executive Order 12988)
In accordance with Executive Order 12988, the Office of the
Solicitor has determined that this rule does not unduly burden the
judicial system and meets the requirements of sections 3(a) and 3(b)(2)
of the Order.
Paperwork Reduction Act
This regulation requires an information collection from 10 or more
parties and a submission under the Paperwork Reduction Act is required.
An OMB Form 83-I has been reviewed by the Department and sent to OMB
for approval.
The Paperwork Reduction Act submission is BIA Financial Assistance
and Social Services Program, form number OMB 1076-0017. The Bureau has
reviewed the information needed and reduced the amount of information
being collected. The information collection takes 15 minutes for
200,000 respondents for a burden of 50,000 hours. The information
collection will be used to make decisions within the framework of the
financial assistance program, such as determining eligibility, ensuring
uniformity of services, and maintaining current records for audit
purposes. The information collection is required to obtain or retain a
benefit. Information covered by the Privacy Act will be kept
confidential as required by regulation. Please note that an agency may
not collect or sponsor, and a person is not required to respond to, a
collection of information unless it displays a currently valid OMB
control number.
The Paperwork Reduction Act submission began as a separate issue in
order to allow the tribes to continue working with the family
assistance programs while the rule was being revised. The notice of
reinstatement for this information collection was published in the
Federal Register for a 60 day notice period, and recently for a 30 day
period (63 FR 30771 of December 21, 1998 and 63 FR 70414 of March 31,
1999 respectively). The Federal Register Notices specifically requested
comments concerning:
1. Whether the collection of information is necessary for the
proper performance of the functions of the Bureau including whether the
information will have practical utility;
2. The accuracy of the Bureau's estimate of the burden of the
information collection, including the validity of the methodology and
assumptions used;
3. The quality, utility, and clarity of the information to be
collected; and,
4. How to minimize the burden of the information collection on
those who are to respond, including the use of appropriate automated
electronic, mechanical or other forms of information technology.
OMB received the request for clearance of this information
collection March 31, 1999. You may send any comments about the
collection to the Desk Officer for the Department of the Interior,
Office of Information and Regulatory Affairs--Office of Management and
Budget, 725 17th Street NW, Washington, DC 20503. OMB has up to 60 days
to decide if the information collection will be approved; however, your
comments will receive maximum consideration if they are received within
the first 30 days.
National Environmental Policy Act
This rule does not constitute a major Federal action significantly
affecting the quality of the human environment. A detailed statement
under the National Environmental Policy Act of 1969 is not required.
Clarity of This Regulation
Executive Order 12866 requires each agency to write regulations
that are easy to understand. We invite your comments on how to make
this proposed rule easier to understand, including answers to questions
such as the following: (1) Are the requirements in the proposed rule
clearly stated? (2) Does the proposed rule contain technical language
or jargon that interferes with its clarity? (3) Does the format of the
proposed rule (grouping and order of sections, use of headings,
paragraphing, etc.) aid or reduce its clarity? (4) Would the rule be
easier to understand if it were divided into more (but shorter)
sections? (A ``section'' appears in bold type and is preceded by the
symbol ``Sec. '' and a numbered heading; for example, Sec. 20.300 What
are the basic eligibility criteria?) (5) Is the description of the
proposed rule in the ``supplementary information'' section of this
preamble helpful in understanding the proposed rule? What else could we
do to make the proposed rule easier to understand?
Send a copy of any comments that concern how we could make this
proposed rule easier to understand to: Office Regulatory Affairs,
Department of the Interior, Room 7229, 1849 C Street NW, Washington, DC
20240. You may also e-mail the comments to this address:
Exsec@ios.doi.gov
List of Subjects in 25 CFR Part 20
Administrative practice and procedures, Child welfare, Indians-
Social welfare, Public assistance programs.
For the reasons set out in the preamble, Part 20 of Title 25,
Subchapter D, Chapter I of the Code of Federal Regulations is proposed
to be amended as set forth below:
SUBCHAPTER D--HUMAN SERVICES
PART 20--FINANCIAL ASSISTANCE AND SOCIAL SERVICES PROGRAMS
Subpart A--Definitions, Purpose and Policy
Sec.
20.100 What definitions clarify the meaning of the provisions of
this part?
20.101 What is the purpose of this part?
20.102 What is the Bureau's policy in providing financial
assistance and social services under this part?
20.103 Have the information collection requirements in this part
been approved by the Office of Management and Budget?
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Subpart B--Welfare Reform
20.200 What contact will the Bureau maintain with state, tribal,
county, local, and other Federal agency programs?
20.201 How does the Bureau designate service area and what
information is required?
20.202 What does financial assistance include?
20.203 What is a tribal redesign plan?
20.204 Can a tribe incorporate assistance from other sources into a
tribal redesign plan?
20.205 Must all tribes develop a tribal redesign plan?
20.206 Can tribes change eligibility criteria or levels of payments
for General Assistance?
20.207 Must a tribe get approval for a tribal redesign plan?
20.208 Can a tribe use savings from a tribal redesign plan to meet
other priorities of the tribe?
20.209 What if the tribal redesign plan leads to increased costs?
20.210 Can a tribe operating under a tribal redesign plan go back
to operating under this part?
20.211 Can eligibility criteria or payments for Burial Assistance,
Child Assistance, and Disaster Assistance change?
Subpart C--Direct Assistance
20.300 What are the basic eligibility criteria?
20.301 What is the goal of General Assistance?
20.302 Are Indian applicants required to seek assistance through
TANF?
20.303 When is an applicant eligible for General Assistance?
20.304 When will the Bureau review eligibility for General
Assistance?
20.305 What does redetermination involve?
20.306 What is the payment standard for General Assistance?
20.307 What resources does the Bureau consider when determining
need?
20.308 What does earned income include?
20.309 What does unearned income include?
20.310 What recurring income must be prorated?
20.311 What deducted amounts will be disregarded from the gross
amount of earned income?
20.312 What amounts will be disregarded from income or other
resources?
20.313 How will the Bureau compute financial assistance payments?
20.314 What is the policy on employment?
20.315 When is the employment policy not applicable?
20.316 What must a person covered by the employment policy do?
20.317 How will the ineligibility period be implemented?
20.318 What case management responsibilities does the social
services worker have?
20.319 What responsibilities does the general assistance recipient
have?
20.320 What is TWEP?
20.321 Does TWEP allow incentive payment?
20.322 Who is eligible to receive a TWEP incentive payment?
20.323 Will the local TWEP be required to have written program
procedures?
20.324 When can the Bureau provide Burial Assistance?
20.325 What is the process for making application for Burial
Assistance for eligible Indians?
20.326 When are the related transportation expenses covered by
Burial Assistance?
20.327 When can the Bureau provide Disaster Assistance?
20.328 How can a tribe apply for Disaster Assistance?
20.329 When can the Bureau provide Emergency Assistance payments?
20.330 What is the payment standard for Emergency Assistance?
Subpart D--Services to Children, Elderly, and Families
20.400 For whom should Services to Children, Elderly, and Families
be provided?
20.401 What services are included under Services to Children,
Elderly, and Families Services?
Subpart E--Child Assistance
20.500 What are the eligibility criteria for Child Assistance?
20.501 What are the rates of payment for foster care?
20.502 Can Child Assistance funds be used for placement of Indian
children in treatment centers?
20.503 Can Child Assistance funds be used for Indian adoption
subsidies or subsidized guardianships?
20.504 What eligibility requirements must be met for an Indian
adoption subsidy or subsidized guardianship?
20.505 What is the payment standard for adoption and guardianship?
20.506 Can homemaker services be provided with Child Assistance?
20.507 What services are provided jointly with the Child Assistance
Program?
20.508 What information is required in the foster care case file?
20.509 What are the requirements for foster care?
20.510 How is the court involved in foster care 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 and neglect cases to be handled?
Subpart F--Administrative Procedures
620.600 How is an application for financial assistance or social
services made?
20.601 From whom is eligibility information collected?
20.602 How is an application approved or denied?
20.603 How is an applicant or recipient notified that benefits or
services are denied?
20.604 How is an incorrect payment adjusted or recovered?
20.605 What happens when applicants or recipients knowingly and
willfully provide false, fictitious, or fraudulent information?
Subpart G--Hearings and Appeals
20.700 Can an applicant or recipient appeal the decision of a
Bureau official?
20.701 Does an applicant or recipient receive financial assistance
while an appeal is pending?
20.702 When is an appeal hearing scheduled?
20.703 What must the written notice of hearing include?
20.704 Who conducts the hearing or appeal from a Bureau decision or
action and what is the process?
20.705 Can an applicant or recipient appeal a tribal decision?
Authority: 25 U.S.C. 13; Pub. L. 102-477, 106 Stat. 2302; Pub.
L. 104-193, 110 Stat. 2105; Pub. L. 105-83, 111 Stat. 1543.
Subpart A--Definitions, Purpose and Policy
Sec. 20.100 What definitions clarify the meaning of the provisions of
this part?
Appeal means a written request for correction of an action or
decision of a specific program decision by a Bureau official
(Sec. 20.700) or a tribal official (Sec. 20.705).
Applicant means an Indian individual or person by or on whose
behalf an application for financial assistance and/or social services
has been made under this part.
Application means the written process through which a request is
made for financial assistance or social services.
Area Director means the Bureau official in charge of an Area
Office.
Assistant Secretary means the Assistant Secretary--Indian Affairs.
Authorized representative means a parent or other caretaker
relative, conservator, legal guardian, foster parent, attorney,
paralegal acting under the supervision of an attorney, friend or other
spokesperson duly authorized and acting on behalf or representing the
applicant or recipient.
Bureau means the Bureau of Indian Affairs of the United States
Department of the Interior.
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Bureau Standard of Assistance means payment standards established
by the Assistant Secretary--Indian Affairs for burial, disaster,
emergency, and adoption and guardianship subsidy. In accordance with
Pub. L. 104-193, the Bureau standard of assistance for general
assistance is the state rate for TANF in the state where the applicant
lives. Child Assistance and foster care rates are in accordance with
Title IV of the Social Security Act (49 Stat. 620) and Pub. L. 104-193.
Burial assistance means a financial assistance payment made on
behalf of an indigent eligible Indian person who meets the eligibility
criteria to provide minimum burial expenses according to Bureau payment
standards established by the Assistant Secretary--Indian Affairs.
Case means all individuals in the household.
Case management means the activity of a social services worker in
assessing client and family problem(s), case planning, coordinating and
linking services for clients, monitoring service provisions and client
progress, advocacy, tracking and evaluating services provided, such as
evaluation of child's treatment being concurrent with parent's
treatment, and provision of aftercare service. Activities may also
include resource development and providing other direct services such
as accountability of funds, data collection, reporting requirements,
and documenting activities in the case file.
Case plan means a signed written plan with time limited goals which
is developed and signed by the service recipient and social services
worker. The case plan will include documentation of referral and
ineligibility for other services. The plan must incorporate the steps
needed to assist individuals and families to resolve social, economic,
psychological, interpersonal, and/or other problems, to achieve self-
sufficiency and independence. All plans for children in foster care
must include a time specific goal of the return of the child to the
home or initiation of a guardianship/adoption.
Child means an Indian person under the age of 18 or such other age
of majority as may be established for purposes of parental support by
tribal or state law (if any) applicable to the person at his or her
residence, except that no person who has been emancipated by marriage
will be deemed a child.
Child assistance means financial assistance provided on behalf of
an Indian child, or an Indian under age 18, who is not eligible for any
other state or Federal assistance as documented in the case file and
who requires placement in a foster home or specialized non-medical care
facility, in accordance with standards of payments established by the
state in which they reside pursuant to the foster care program under
Title IV of the Social Security Act (49 Stat. 620), or has special
needs as specified in Sec. 20.100 (pp).
Designated representative means an official of the Bureau who is
designated by a Superintendent to hold a hearing as prescribed in
Secs. 20.700 through 20.705 and who has had no prior involvement in the
proposed decision under Sec. 20.602 and whose hearing decision under
Secs. 20.700 through 20.705 will have the same force and effect as if
rendered by the Superintendent.
Disaster means a situation where a Tribal Community is adversely
effected by a natural disaster or other forces which pose a threat to
life, safety, or health as specified in Secs. 20.327 and 20.328.
Emergency means a situation where an individual or family's home
and personal possessions are either destroyed or damaged through forces
beyond their control as specified in Sec. 20.329.
Employable means an eligible Indian person who is physically and
mentally able to obtain employment, and who is not exempt from seeking
employment in accordance with the criteria specified in Sec. 20.315.
Essential needs means shelter, food, clothing and utilities, as
included in the standard of assistance in the state where the eligible
applicant lives.
Extended family means persons related by blood, marriage or as
defined by Indian custom.
Family assessment means a social services evaluation of a family's
abilities and resources to provide the necessary care and supervision
for the child(ren), and individuals within the family's current living
situation and is included in the case file.
Foster care services means those social services provided when an
Indian child lives away from the family home.
General Assistance means a secondary or residual source of
financial assistance payments to eligible Indian individuals for
essential needs as provided and pursuant to Secs. 20.300 through
20.319.
Head of household means the persons in the household with whom the
household members live and who makes application for benefits.
Homemaker services means those non-medical services purchased or
contracted for individuals who are not eligible for any other programs
such as Medicaid/Medicare as documented in the case file. These
individuals must be under the supervision of a social services agency
which is administered by a person trained in such skills as child care
and home management to prevent out-of-home placement.
Household means persons living together who may or may not be
related to the ``head of household.''
Indian means any person who is a member of any of those tribes
listed in the Federal Register pursuant to 25 CFR part 83, as
recognized by and receiving services from the Bureau of Indian Affairs.
Indian court means Indian tribal court or court of Indian offenses.
Indian tribe means an Indian or Alaskan Native tribe, band, nation,
pueblo, village, or community that the Secretary of the Interior
acknowledges to exist as an Indian tribe pursuant to Pub. L. 103-454,
108 Stat. 4791.
Individual Self-sufficiency Plan (ISP) means a plan designed to
meet the goal of employment through specific action steps and is
incorporated within the case plan. The plan is jointly developed and
signed by the general assistance recipient and social services worker.
Need means the deficit after consideration of income and other
resources necessary to meet the cost of essential need items and
special need items as defined by the Bureau standard of assistance for
the state in which the applicant or recipient resides.
Non-medical care means financial assistance for room and board
services for individuals in non-medical care facilities. These
individuals must not be eligible for SSI or any other Federal or state
programs and this information must be documented in the case file.
Permanency plan means the documentation in a case plan which
provides for permanent living alternatives for the child(ren) in foster
care who are not eligible for any other Federal or state program.
Permanency plans are developed in accordance with tribal, cultural, and
tribal/state legal standards when the parent or guardian is unable to
resolve the issues that require out of home placement of the
child(ren).
Protective services means those services necessary to protect an
individual who is the victim of an alleged and/or substantiated abuse
or neglect incident. In coordination with law enforcement and tribal
courts, this may include placement of the individual out of the home to
assure the safety of the individual while the allegations are being
investigated. Social workers will not remove individuals
[[Page 24300]]
from their homes without a court order except in life or death
situations. Protective services can also include provision of social
services in the home, the coordination and referral to other programs/
services and the involvement of Child Protection and/or Multi-
Disciplinary Teams.
Public assistance means those programs of financial assistance
provided by state, tribal, county, local and Federal organizations
including programs under Title IV of the Social Security Act (49 Stat.
620), as amended, and (Pub. L. 104-193).
Recipient is an individual or person who has been determined as
eligible through documentation in the case file and is receiving
financial assistance or social services under this part.
Recurring income means any cash or in kind payment, earned or
unearned, received on a monthly, quarterly, semiannual, or annual
basis.
Resources means income and other liquid assets available to an
Indian person or household to meet current living costs, unless
otherwise specifically excluded by Federal statute. Liquid assets are
those properties in the form of cash or other financial instruments
which can be converted to cash, such as savings or checking accounts,
promissory notes, mortgages and similar properties, and retirements and
annuities.
Secretary means the Secretary of the Interior.
Service area means:
(1) Reservations; and/or
(2) Areas adjacent or adjoining reservations; and/or
(3) Allotments outside the reservations; and/or
(4) Areas defined as reservations or service areas by statute; and/
or
(5) Other defined areas designated by the Assistant Secretary--
Indian Affairs pursuant to this part.
Services to children, elderly and families means social services,
including protective services, not including money payments, provided
through the social work skills of casework, group work or community
development to assist in solving social problems involving children,
elderly and families.
Special needs means a financial assistance payment made to or on
behalf of individuals who have extenuating, non-medical circumstances
which warrant a one-time annual financial assistance payment when other
resources are not available and the circumstances are documented in the
case files.
Subsidized guardianship means a payment of a monthly subsidy, not
to exceed two years, for the child(ren) in long-term, court approved
guardianship placements. The children must not be eligible for any
other Federal or state program and this must be documented in the case
file.
Substitute care means the provision of foster care or any in-home,
out of home, or relative placement of the child(ren) by someone other
than a parent.
Superintendent means the Bureau official in charge of an Agency
Office.
Supplemental Security Income (SSI) means those programs of
assistance provided under Title XVI of the Social Security Act (49
Stat. 620), as amended.
Temporary Assistance for Needy Families (TANF) means one of the
programs of financial assistance provided under the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996,
(PRWORA).
Tribal governing body means the federally recognized governing body
of an Indian tribe.
Tribal redesign plan means a tribally designed method for changing
general assistance eligibility and/or payment levels in accordance with
appropriation language so as to reduce dependence on general assistance
as specified in Secs. 20.203 through 20.211.
Tribal Work Experience Program (TWEP) means a program operated by
tribal contract/grant or self-governance annual funding agreement,
which provides eligible participants with work experience and training
that promotes and preserves work habits and develops work skills aimed
toward self-sufficiency. The Bureau payment standard is established by
the Assistant Secretary--Indian Affairs.
Unemployable means a person who meets the criteria specified in
Sec. 20.315.
Sec. 20.101 What is the purpose of this part?
The regulations in this part govern the provision of Child
Assistance, General Assistance, and Services to Children, Elderly and
Families to eligible Indians.
Sec. 20.102 What is the Bureau's policy in providing financial
assistance and social services under this part?
(a) The Bureau can provide assistance under this part to eligible
Indians when financial assistance or social services are either not
available or not provided by State, tribal, county, local and other
Federal agencies.
(b) Bureau social services programs will not be used to supplement
or supplant other programs.
(c) Bureau financial assistance and social services are subject to
annual Congressional appropriations.
Sec. 20.103 Have the information collection requirements in this part
been approved by the Office of Management and Budget?
The information collection requirements contained in Secs. 20.300,
20.400, and 20.500 have been submitted for clearance to the Office of
Management and Budget under 44 U.S.C. 35d et seq. The notice of
reinstatement for this information collection was published in the
Federal Register on March 31, 1999.
Subpart B--Welfare Reform
Sec. 20.200 What contact will the Bureau maintain with State, tribal,
county, local, and other Federal agency programs?
We will coordinate all financial assistance and social services
programs with State, tribal, county, local and other Federal agency
programs to ensure that the financial assistance and social services
program avoids duplication of assistance.
Sec. 20.201 How does the Bureau designate a service area and what
information is required?
(a) The geographic boundaries of reservations for those tribes
having reservations defines their service area.
(b) The Assistant Secretary--Indian Affairs can designate service
areas for financial assistance or social services to:
(1) Tribes having no reservations;
(2) Tribes having no areas adjacent or adjoining reservations;
(3) Tribes having no allotments outside the reservations;
(4) Tribes having no areas defined as reservations or service areas
by statute; or
(5) Tribes having no other defined areas designated by the
Assistant Secretary--Indian Affairs.
(c) If you are a tribe requesting service area designation you must
submit a resolution that certifies that:
(1) Tribal members and their Indian family members residing within
the service area are socially, culturally, and economically affiliated
with your tribe and service area.
(2) The proposed service area will not include counties or parts
thereof that have reasonably available comparable services.
(d) You must provide documentation showing that:
(1) The area is administratively feasible (that is, it can allow us
to provide an adequate level of services to the Indian people residing
in the area);
(2) The area is near the Indian Community;
(3) No duplication of services exists; and
(4) All eligible Indians will be served.
(e) You must send documentation to the Area Director who will
certify its
[[Page 24301]]
accuracy and make recommendations to the Assistant Secretary--Indian
Affairs. The Assistant Secretary--Indian Affairs can make a
determination to approve and publish notice of the designation of
service area and the Indians to be served in the Federal Register.
Sec. 20.202 What does financial assistance include?
The following types of assistance are included in financial
assistance:
(a) Burial Assistance for indigent burials;
(b) Child Assistance for children in foster home care, children in
need of adoption or guardianship, children in need of residential care,
and children with special needs;
(c) Disaster Assistance in cases where the Federal Emergency
Management Agency (FEMA) or the Red Cross do not provide assistance.
(d) Emergency Assistance for essential needs to prevent hardship
caused by burnout, flooding of homes, or other life threatening
situations that may cause loss or damage of personal possessions; and
(e) General Assistance for basic essential needs.
Sec. 20.203 What is a tribal redesign plan?
(a) A tribal redesign plan allows a tribe to:
(1) Change eligibility for general assistance in the service area;
or
(2) Change the amount of general assistance payments for
individuals within the service area.
(b) If you develop a tribal redesign plan it must:
(1) Treat all persons in the same situation equally; and
(2) Not result in additional expenses for the Bureau.
Sec. 20.204 Can a tribe incorporate assistance from other sources into
a tribal redesign plan?
Yes. A tribe may incorporate an HHS-approved TANF tribal welfare
plan and associated funding into a Pub. L. 102-477 grant, a Pub. L.
103-413 self-governance annual funding agreement, or a tribal redesign
plan.
Sec. 20.205 Must all tribes submit a tribal redesign plan?
No. You must submit a tribal redesign plan under Sec. 20.206 only
if you want to change the way that the General Assistance program
operates in your service area.
Sec. 20.206 Can tribes change eligibility criteria or levels of
payments for General Assistance?
Yes. If you have a redesign plan you can administer General
Assistance programs under a Pub. L. 93-638 self-determination contract,
a Pub. L. 102-477 grant, or a Pub. L. 103-413 self-governance annual
funding agreement by changing eligibility criteria or levels of payment
for General Assistance. A Bureau servicing office can administer a
tribal redesign plan as requested by a tribal resolution.
Sec. 20.207 Must a tribe get approval for a tribal redesign plan?
(a) If you have a Pub. L. 93-638 contract or receive direct
services from us, you must obtain approval from the Area Director or a
Bureau servicing office before developing a redesign plan. You must
submit your redesign plan for approval at least three months before the
effective date in accordance with Pub. L. 93-638 as amended and part
900.
(b) If you operate with a self-governance annual funding agreement
or Pub. L. 102-477 grant you must ask the appropriate Area Director to
make a recommendation for approval of the redesign. The Assistant
Secretary--Indian Affairs will consider the Area Director's
recommendation for approval before making a final decision.
Sec. 20.208 Can a tribe use savings from a tribal redesign plan to
meet other priorities of the tribe?
Yes. You may use savings from a redesign to meet other priorities.
Sec. 20.209 What if the tribal redesign plan leads to increased costs?
The tribe must meet any increase in costs to the General Assistance
program that result solely from tribally increased payment levels due
to a redesign plan.
Sec. 20.210 Can a tribe operating under a tribal redesign plan go back
to operating under this part?
Yes. A tribe operating under a tribal redesign plan can choose to
return to operation of the program as provided in Secs. 20.300 through
20.323.
Sec. 20.211 Can eligibility criteria or payments for Burial
Assistance, Child Assistance, and Disaster Assistance change?
No. Neither the Bureau nor a tribe may change eligibility criteria
or levels of payment for Burial Assistance, Child Assistance, Disaster
Assistance, and Emergency Assistance awarded in Pub. L. 93-638
contracts, Pub. L. 102-477 grants, Pub. L. 103-413 self-governance
annual funding agreements.
Subpart C--Direct Assistance
Sec. 20.300 What are the basic eligibility criteria?
To meet basic eligibility criteria for assistance or services under
this part the applicant must:
(a) Be a member of an Indian tribe or be a one-fourth degree or
more blood quantum descendant of a member of any Indian tribe; and
(b) Not have sufficient resources to meet the essential need items
defined by the Bureau standard of assistance; and
(c) Reside in the service area as defined in Sec. 20.100; and
(d) Meet the additional eligibility criteria for each of the
specific programs of financial assistance or social services in
Secs. 20.301 through 20.516.
Sec. 20.301 What is the goal of General Assistance?
The goal of the General Assistance program is to increase self-
sufficiency. Each General Assistance recipient must work with the
social services worker to develop and sign an Individual Self-
Sufficiency Plan (ISP). The plan must outline the specific steps the
individual will take to increase independence by meeting the goal of
employment.
Sec. 20.302 Are Indian applicants required to seek assistance through
TANF?
Yes. All Indian applicants with dependent children are required to
apply for TANF and follow TANF regulations.
Sec. 20.303 When is an applicant eligible for General Assistance?
To be eligible for General Assistance an applicant must:
(a) Meet the criteria contained in Sec. 20.300;
(b) Not have sufficient resources to meet the essential need items
defined by the Bureau standard of assistance; and
(c) Apply concurrently for financial assistance from other State,
tribal, county, local, or other Federal agency programs for which he/
she is eligible;
(d) Not receive TANF, Supplemental Security Income (SSI), or
benefits from other state or Federal entitlement programs; and
(e) Develop with a social services worker and sign an employment
strategy to meet the goal of employment through specific action steps
including job readiness and job search activities.
Sec. 20.304 When will the Bureau review eligibility for General
Assistance?
The Bureau will review eligibility for General Assistance:
(a) Whenever there is an indication of a change in status which can
affect a recipient's eligibility or amount of
[[Page 24302]]
assistance. Recipients are required to immediately inform the social
services office of any such changes;
(b) Not less than every 3 months for individuals who are not exempt
from seeking or accepting employment in accordance with Sec. 20.315 or
the ISP; and
(c) Not less than every 6 months for all recipients.
Sec. 20.305 What does redetermination involve?
(a) Redetermination assesses the need for continued financial
assistance as outlined in Sec. 20.304. It includes:
(1) A home visit;
(2) An estimate of income, living circumstances, household
composition for the month(s) for which financial assistance is to be
provided; and
(3) Appropriate revisions to the case plan.
(b) The social services worker will make a decision as to whether
the recipient will continue to receive general assistance based on
paragraph (a) of this section.
Sec. 20.306 What is the payment standard for General Assistance?
(a) Under Pub. L. 104-193, the Bureau must use the same TANF
payment standard (and any associated rateable reduction) that exists in
the State or service area where the applicant or recipient resides.
This payment standard is the amount from which the Bureau subtracts net
income and resources to determine General Assistance eligibility and
payment levels;
(b) If the State does not have a standard for an adult, we will use
either the difference between the standard for a child and the standard
for a household of two, or one-half of the standard for a household of
two, whichever is greater; and
(c) If the State does not have a TANF program, we will use the AFDC
payment standard which was in effect on September 30, 1995, in the
State where the applicant or recipient resides.
Sec. 20.307 What resources does the Bureau consider when determining
need?
When the Bureau determines General Assistance eligibility and
payment levels, we consider income and other resources as specified in
Secs. 20.308 and 20.309.
(a) All earned or unearned income must be calculated as income in
the month it is received and as a resource thereafter, except that
certain income obtained from the sale of real or personal property may
be exempt as provided in Sec. 20.309.
(b) Resources are considered to be available when they are
liquidated and when the applicant or recipient has a legal interest in
the liquidated sum, as defined in Sec. 20.100.
Sec. 20.308 What does earned income include?
Earned income is cash or any in-kind payment earned in the form of
wages, salary, commissions, or profit, from activities by an employee
or self-employed individual. Earned income include:
(a) Any one-time payment to an individual for activities which were
sustained over a period of time (for example, the sale of farm crops,
livestock, artwork, crafts and beading); and
(b) With regard to self-employment, total profit from a business
enterprise (i.e., gross receipts less expenses incurred in producing
the goods or services). Business expenses do not include depreciation,
personal business and entertainment expenses, personal transportation,
capital equipment purchases, or principal payments on loans for capital
assets or durable goods.
Sec. 20.309 What does unearned income include?
Unearned income includes, but is not limited to:
(a) Income from interest; oil and gas and other mineral royalties;
gaming income per capita distributions; rental property; cash
contributions, such as child support and alimony; gaming winnings;
retirement;
(b) Annuities, veteran's disability, unemployment benefits, and
Federal and State tax refunds;
(c) Per capita payments not excluded by Federal statute;
(d) Income from sale of trust land and real or personal property
that is set aside for reinvestment in trust land or a primary
residence, but has not been reinvested in trust land or a primary
residence at the end of one year from the date the income was received;
(e) In-kind contributions providing shelter at no cost to the
individual or household, this must equal the amount for shelter
included in the State standard, or 25 percent of the State standard,
whichever is less; and
(f) Financial assistance provided by a State, tribal, county,
local, or other Federal agency.
Sec. 20.310 What recurring income must be prorated?
The following recurring income is prorated:
(a) Recurring income received by individuals over a 12-month period
for less than a full year's employment (for example, income earned by
teachers who are not employed for a full year);
(b) Income received by individuals employed on a contractual basis
over the term of a contract; and
(c) Intermittent income received quarterly, semiannually, or yearly
over the period covered by the income.
Sec. 20.311 What deducted amounts will be disregarded from the gross
amount of earned income?
(a) The social services worker will disregard the following amounts
from the earned income:
(1) Other Federal, State, and local taxes;
(2) Social Security (FICA);
(3) Health insurance;
(4) Work related expenses, including reasonable transportation
costs;
(5) Child care costs, except where the other parent in the home is
not working or is not disabled; and
(6) The cost of special clothing, tools, and equipment directly
related to the individual's employment.
(b) For self-employed individuals, the social services worker will
deduct the costs of conducting business and all of the amounts in
paragraph (a) of this section.
Sec. 20.312 What amounts will be disregarded from income or other
resources?
The social services worker will disregard the following amounts
from income, or other resources:
(a) The first $2,000 of liquid resources annually available to the
household;
(b) Any home produce from a garden, livestock, and poultry used by
the applicant or recipient and his/her household for their consumption;
and
(c) Resources specifically excluded by Federal statute.
Sec. 20.313 How will the Bureau compute financial assistance payments?
(a) The social services worker will compute financial assistance
payments by:
(1) Calculating the difference between the Bureau standard of
assistance and all resources calculated under Secs. 20.307 through
20.310;
(2) Applying the rateable reduction or maximum payment level used
by the State where the applicant lives;
(3) Deducting an amount for shelter (see paragraph (b) of this
section for details on how to calculate a shelter amount); and
(4) Rounding the result down to the next lowest dollar.
(b) The social services worker must calculate a shelter amount for
purposes of paragraph (a)(3) of this section. To calculate the shelter
amount:
(1) The shelter amount must not exceed the amount for shelter in
the State TANF standard;
[[Page 24303]]
(2) If the State TANF does not specify an amount for shelter, the
social services worker must calculate the amount as 25 percent of the
total State TANF payment; and
(3) If there is more than one household in a dwelling, the social
services worker must prorate the actual shelter cost among the
households receiving General Assistance; this amount cannot exceed the
amount in the standard for individuals in similar circumstances. The
head of each household is responsible for his/her portion of the
documented shelter cost.
(c) The social services worker must not provide General Assistance
payments for any period before the date of the application for
assistance.
Sec. 20.314 What is the policy on employment?
(a) An applicant or recipient must:
(1) Actively seek employment, including the use of available State,
tribal, county, local or Bureau-funded employment services;
(2) Make satisfactory progress in an ISP; and
(3) Accept local and seasonable employment when it is available.
(b) A head of household who does not comply with this section will
not be eligible for General Assistance for a period of at least 60 days
but not more than 90 days. This action must be documented in the case
file.
Sec. 20.315 When is the employment policy not applicable?
The employment policy in Sec. 20.314 does not apply to the persons
shown in the following table.
------------------------------------------------------------------------
The employment policy in
Sec. 20.314 does not apply if * * * and * * *
to * * *
------------------------------------------------------------------------
(a) Anyone younger than 16..
(b) A full-time student he/she is attending he/she is making
under the age of 19. an elementary or satisfactory
secondary school or progress.
a vocational or
technical school
equivalent to a
secondary school.
(c) A person enrolled at he/she is making he/she was an active
least half-time in a satisfactory General Assistance
program of study under progress. recipient for a
Section 5404 of Pub. L. 100- minimum of 3 months
297. before
determination/
redetermination of
eligibility.
(d) A person suffering from it is documented in
a temporary medical injury the case plan that
or illness. the illness or
injury is serious
enough to
temporarily prevent
employment.
(e) An incapacitated person a physician, the assessment is
who has not yet received psychologist, or documented in the
Supplemental Security social services case plan.
Income (SSI) assistance. worker certifies
that a physical or
mental impairment
(either by itself,
or in conjunction
with age) prevents
the individual from
being employed.
(f) A caretaker who is a physician or the case plan
responsible for a person in certified documents that: the
the home who has a physical psychologist condition requires
or mental impairment. verifies the the caretaker to be
condition. home on a virtually
continuous basis;
and there is no
other appropriate
household member
available.
(g) A parent or other he/she personally
individual who does not provides full-time
have access to child care. care to a child
under the age of
six.
(h) A person for whom there is a minimum
employment is not commuting time of
accessible. one hour each way.
------------------------------------------------------------------------
Sec. 20.316 What must a person covered by the employment policy do?
(a) If you are covered by the employment policy in Sec. 20.314, you
must seek employment and provide evidence of your monthly efforts to
obtain employment in accordance with your ISP.
(b) If you do not seek and accept available local and seasonal
employment, or you quit a job without good cause, you cannot receive
General Assistance for a period of at least 60 days but not more than
90 days after you refuse or quit a job.
Sec. 20.317 How will the ineligibility period be implemented?
(a) If you refuse or quit a job, your ineligibility period will
continue until you seek and accept appropriate available local and
seasonal employment and fulfill your obligations already agreed to in
the ISP.
(b) The Bureau will reduce your suspension period by 30 days when
you show that you have sought local and seasonal employment in
accordance with the ISP; and
(c) Your eligibility suspension will affect only you. The Bureau
will not apply it to other eligible members of the household.
Sec. 20.318 What case management responsibilities does the social
services worker have?
In working with each recipient, you, the social services worker
must:
(a) Assess the general employability of the recipient;
(b) Assist the recipient in the development of the ISP;
(c) Sign the ISP;
(d) Help the recipient identify the service(s) needed to meet the
goals identified in their ISP;
(e) Monitor and supervise recipient participation in work related
training and other employment assistance programs; and
(f) Document activities in the case file.
Sec. 20.319 What responsibilities does the general assistance
recipient have?
In working with the social services worker, you the recipient must:
(a) Participate with the social services worker in developing an
ISP and sign the ISP;
(b) Perform successfully in the work related activities, community
service, training and/or other employment assistance programs developed
in the ISP;
(c) Participate successfully in treatment and counseling services
identified in the ISP;
(d) Participate in evaluations of job readiness and or any other
testing required for employment purposes; and
(e) Demonstrate that you are actively seeking employment by
providing the social services worker with evidence of job search
activities as required in the ISP.
[[Page 24304]]
Sec. 20.320 What is TWEP?
TWEP is a program that provides work experience and job skills to
enhance potential job placement for the general assistance recipient.
TWEP programs can be incorporated within Pub. L. 93-638 self-
determination contracts, Pub. L. 102-477 grants, and Pub. L. 103-413
self-governance annual funding agreements at the request of the tribe.
Sec. 20.321 Does TWEP allow an incentive payment?
Yes. Incentive payments to participants are separate and will not
be considered as wages or work related expenses, but as grant
assistance payments under Secs. 20.320 through 20.323. Incentive
payments will not exceed the Bureau maximum payment standard
established by the Assistant Secretary--Indian Affairs. The payment
standard will be reviewed periodically to determine if revision is
necessary.
Sec. 20.322 Who is eligible to receive a TWEP incentive payment?
(a) Consistent with the ISP, in situations where the participation
is mandatory and the recognized head of the family unit is certified as
unemployable, an alternate member of the assistance group, such as the
spouse or another adult, will be designated as available for the TWEP
incentive payment.
(b) Where there are multiple family units in one household, one
member of each family unit will be eligible to receive the TWEP
incentive payment.
Sec. 20.323 Will the local TWEP be required to have written program
procedures?
Yes. The local TWEP must have specific written program procedures
that cover hours of work, acceptable reasons for granting leave from
work, evaluation criteria and monitoring plans and ISP's for
participants. Work readiness progress must be documented in each ISP.
Sec. 20.324 When can the Bureau provide Burial Assistance?
In the absence of other resources, the Bureau can provide Burial
Assistance for eligible indigent Indians meeting the requirements
prescribed in Sec. 20.300.
Sec. 20.325 What is the process for making application for Burial
Assistance for eligible Indians?
(a) The application is made on behalf of the deceased who is
considered the applicant. Determination of eligibility is based on the
income and resources available to him/her in accordance with
Sec. 20.100(mm). This includes but is not limited to SSI, veterans
death benefits, social security, and Individual Indian Money (IIM)
accounts. Determination of need will be accomplished on a case by case
basis using the Bureau payment standard.
(b) Requests and applications for Burial Assistance must be
submitted within 30 days following death.
(c) Applications are subject to eligibility determinations in
accordance with criteria specified at Sec. 20.300.
(d) The approved payment standard will not exceed the Bureau
maximum burial payment standard which will be established by the
Assistant Secretary--Indian Affairs 60 days after this rule is
published in final. The payment standard will be reviewed periodically
to determine if revision is necessary.
Sec. 20.326 When are the related transportation expenses covered by
Burial Assistance?
Transportation costs directly associated with burials are normally
a part of the established burial rate. In those instances where an
additional transportation charge is added to the burial rate because of
extenuating circumstances, the social services worker can pay the added
charge. However, the social services worker will ensure that these
charges are reasonable, equitable, and apply to burials for eligible
indigent individuals who are socially, culturally, and economically
affiliated with their tribes and who have not resided out of the
service area for a period of time exceeding six consecutive months and
this must be documented in the case plan.
Sec. 20.327 When can the Bureau provide Disaster Assistance?
Disaster assistance is immediate and or short term relief from a
disaster and can be provided to a tribal community when services are
not provided by FEMA or Red Cross in accordance to Sec. 20.328.
Sec. 20.328 How can a tribe apply for Disaster Assistance?
(a) The tribe affected by the disaster is considered the applicant
and must submit the following to the Area Director through the local
Superintendent:
(1) A tribal resolution requesting disaster assistance; and
(2) A copy of county, state, or Presidential declaration of
disaster; and
(3) The projected extent of need in the service area not covered by
other Federal funding sources.
(b) The Area Director must forward the above tribal documents and
his/her recommendation to the Assistant Secretary--Indian Affairs for
final decision on whether disaster assistance will be provided and to
what extent.
Sec. 20.329 When can the Bureau provide Emergency Assistance payments?
Emergency Assistance payments can be provided to individuals or
families who suffer from a burn out, flood, or other destruction of
their home and loss or damage to personal possessions and will be
limited to essential needs and other non-medical necessities.
Sec. 20.330 What is the payment standard for Emergency Assistance?
The approved payment standard will not exceed the Bureau's maximum
Emergency Assistance payment standard which will be established by the
Assistant Secretary--Indian Affairs 60 days after this rule is
published in final. The payment standard will be reviewed periodically
to determine if revision is necessary.
Subpart D--Services to Children, Elderly, and Families
Sec. 20.400 For whom should Services to Children, Elderly, and
Families be provided?
Services to Children, Elderly, and Families will be provided for
Indians meeting the requirements prescribed in Sec. 20.300 who request
such services or on whose behalf such services are requested.
Sec. 20.401 What services are included under Services to Children,
Elderly and Families?
Services to Children, Elderly, and Families can include, but are
not limited to, the following:
(a) Assistance in solving problems related to family functioning,
interpersonal relationships, economic opportunity, money management,
and referral to the appropriate resource for problems related to
illness, physical or mental handicaps, drug abuse, alcoholism, and
violation of law.
(b) Protective services are provided when children or adults are
deprived temporarily or permanently of needed supervision by
responsible adults, or are neglected, exploited, or need services when
they are mentally or physically handicapped or otherwise disabled.
Protective services for children and associated case management data
have been developed for protective services, and will continue to be
consolidated for nationwide reporting as per Pub. L. 101-630 and Pub.
L. 99-570. Such services can include, but are not limited to, the
following:
(1) Response to requests from members of the community on behalf of
children or adults alleged to need protective services. Coordination
with
[[Page 24305]]
Law Enforcement and/or courts must be completed prior to removal of
individuals except in life or death situations.
(2) Family and child services, including referrals for homemaker
and day care services for children; and
(3) Services to Indian courts, which can include, but are not
limited to, the following:
(i) Investigation of and reports concerning allegations of child
abuse and neglect, abandonment, and conditions such as mentally or
physically handicapped or otherwise disabled individual which can
require referrals;
(ii) Provision of social information related to the disposition of
a case, including recommendation of alternative resources for
treatment; and
(iii) Provision of placement services by the court order prior to
and after adjudication.
(4) Community services which are services involving other groups,
agencies, and facilities in the community can include, but are not
limited to:
(i) Responses to community needs for evaluating social conditions
affecting the well-being of its citizens;
(ii) Treatment of the identified conditions that are within the
competence of social services; and
(iii) Maintenance of liaison with other community agencies for the
purpose of identifying available services for assistance in solving the
social problems of individuals, families, and children and facilitating
the use of available community services by Indian persons who need
them.
(5) Documentation of all activities and services in case files.
Subpart E--Child Assistance
Sec. 20.500 What are the eligibility criteria for Child Assistance?
An Indian child meeting the requirements established in Sec. 20.300
can be considered eligible for child assistance or services under this
part, provided, that:
(a) The child's legally responsible parent, custodian/guardian, or
Indian court having jurisdiction requests such assistance, in writing,
and indicates 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. A documented family assessment is required to determine
whether parent(s)/custodian/guardian(s) are able to care for their
child(ren);
(b) Relative caregivers must apply for and be denied TANF payments
or other financial assistance. The child is not receiving and is not
eligible to receive TANF or other assistance and is not included in
such payments involving other caregivers. An otherwise eligible child
can receive Child Assistance upon application for and pending initial
receipt of TANF or other financial assistance;
(c) The child resides in an area where comparable Child Assistance
and services are not available or are not being provided to all
residents on the same basis from a state, tribal, county, local, and
Federal agencies; and
(d) All income accruing to children, except income exempted by
Federal statute and income earned by the child, will be considered as a
resource which must be used to meet the cost of out of home care
authorized and arranged by the social services providers.
(e) All Bureau and Tribal Agencies must work on developing
partnerships with state and local governments to increase accessibility
to funding sources and develop IV-E agreements/contracts.
Sec. 20.501 What are the rates of payment for foster care?
The state foster care rate in the state in which the Indian child
resides is the foster care payment level, as provided by Title IV of
the Social Security Act (49 Stat. 620).
Sec. 20.502 Can Child Assistance funds be used for placement of Indian
children in treatment centers?
Child Assistance funds must be used as a last resort for placements
of Indian children in specialized non-medical care facilities licensed
by tribe or state. These services may be purchased or contracted under
the supervision of the social services programs for children for whom
the resources are not available from the state, tribal, county, local,
and Federal agencies. The payment will only consist of room and board.
Other services that may be needed, including mental health, education,
and physical therapy must be assumed by the respective agency
responsible for the provision of the service. Prior to placement a
written agreement must be signed between the various funding sources to
identify the services that will be paid by each source and will require
approval of the Area Director.
Sec. 20.503 Can Child Assistance funds be used for Indian adoption
subsidies or subsidized guardianships?
Yes, Child Assistance funds can be authorized to provide either
adoption or guardianship subsidies for a period not to exceed two years
for each child involved. The funds must be used to assist in the
adoption or guardianship of a child currently in foster care. All other
available resources must be considered and documented in the case file.
Prior to authorizing a subsidy, approval of the Area Director is
required.
Sec. 20.504 What eligibility requirements must be met for an Indian
adoption subsidy or subsidized guardianship?
The eligibility requirements that must be met for an Indian
adoption subsidy or subsidized guardianship are as follows:
(a) The child(ren) must be under the age of 18 (with regards to
special circumstances as defined by tribal standards);
(b) The child(ren) must have been in foster care prior to the
adoption or guardianship placement with payment, care, supervision, and
responsibilities placed with the social services program;
(c) The adoption placement or guardianship meets the special needs
of the child(ren) as indicated in the home study;
(d) The social services worker has provided permanency planning
services;
(e) Adoption or guardianship has been clearly shown to be in the
best interest of the child(ren);
(f) All other resources for adoption or long-term guardianship
placement have been explored; and
(g) The child(ren)'s adoption or guardianship placement could not
be completed without Bureau/tribal financial assistance.
Sec. 20.505 What is the payment standard for adoption and
guardianship?
The approved payment standard will not exceed the Bureau's maximum
adoption and guardianship payment standard which will be established by
the Assistant Secretary--Indian Affairs 60 days after this rule is
published in final. The payment standard will be reviewed periodically
to determine if revision is necessary.
Sec. 20.506 Can homemaker services be provided with Child Assistance?
When other resources such as Medicaid are not available, homemaker
services can be purchased or contracted and provided under the
supervision of the social services program, e.g., for a severely
handicapped child whose care places undue stress on the family and for
whom resources are unavailable from the state, tribal, county, local,
and other Federal agencies. Homemaking services can be purchased on a
short-term basis not to exceed three months. While housekeeping
services are one portion of this service, homemaker services must focus
on training household members in such skills as
[[Page 24306]]
child care and home management. Homemaker services provide for:
(a) Child(ren) who, otherwise, would need foster care placement or
who would benefit from supportive (protective) supervision;
(b) Severely handicapped or special needs child(ren) whose care
places undue stress on the family; or
(c) Child(ren) whose care would benefit from specialized training
and supportive services provided to family members.
Sec. 20.507 What services are provided 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(ren). These supportive services can include, social work-case
management, counseling for parents and children, group work, day care,
and homemaker services, when necessary;
(b) Protection of Indian children from abuse and neglect in
coordination with law enforcement and courts;
(c) Foster care or care other than in the parental home. When
temporary placement out of the home is necessary, 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. 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.
Sec. 20.508 What information is required in the foster care case file?
At a minimum the following information is required:
(a) Tribal enrollment verification in accordance with Sec. 20.100;
(b) A written case plan must be established within 30 days of
placement, which includes the need for and expected length of
placement;
(c) Information on the child(ren)'s health status and school
records, including medications and immunization records;
(d) Parental consents 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 the child(ren);
(h) A copy of the social security card, birth certificate, Medicaid
card and current court order;
(i) A placement beyond 30 days will require action by a court of
competent jurisdiction, or in accordance with tribal codes and
standards authorized by a court of competent jurisdiction. All
placements require documentation of the need for protection of the
child(ren) involved;
(j) Involuntary placements must be in accordance with Tribal Codes
and authorized by a court of competent jurisdiction. A family
assessment must be completed by a social services worker within 30 days
of placement;
(k) All placements require at a minimum one home visit per month by
the social services worker with the child(ren), documented in the file;
and
(l) A list of all prior placements, including the names of the
foster parents and dates of placements.
Sec. 20.509 What are the requirements for foster care?
The social services worker will select substitute care, which meets
the physical, behavioral, and emotional needs of the child(ren) who
require such care, which is intended to be short-term in nature. The
following requirements must be met and documented in a case plan:
(a) All foster homes must be certified/licensed by the tribe or
other recognized authority, as appropriate. Foster care placements must
be made through a court of competent jurisdiction to ensure Federal
background checks are completed as required by Pub. L. 101-630, and
training (optional for relative placements) will be provided to the
foster family;
(b) Relative placements must have on file an approved current home
study;
(c) The social services worker must discuss with foster parents or
caretakers, the child(ren)'s special needs, including disabilities, and
provide counseling or referral to available resources;
(d) Any child(ren) requiring medical, substance abuse, and/or
behavioral (mental) health services will be referred to appropriate
health-services agencies for assessment and provision of services;
(e) Provision must be made for all necessary costs of care, which
includes clothing, incidentals, and personal allowance, in accordance
with established state standards of payments;
(f) A foster family agreement will be developed establishing roles
and responsibilities of the biological parents, foster parents, placing
agency, the terms of payment of care and the need for adherence to the
established case plan. The agreement will be signed and dated by the
parties involved;
(g) Any reports of suspected child abuse/neglect in a foster home
must be reported immediately to law enforcement and protective services
in accordance with tribal standards and reporting requirements pursuant
to Pub. L. 101-630. If necessary, protective services will be provided
in collaboration with other service providers;
(h) The social services worker will complete a yearly assessment of
each tribal or state certified/licensed foster home as to how the home
has fulfilled its function relative to the needs of the child(ren)
placed in the home;
(i) An off-reservation family home or institution under contract
must meet the licensing standards of the state in which it is located
or tribally established certifying/licensing standards; and
(j) The social services agency must make efforts to secure child
support for child(ren) in foster care, through a court of competent
jurisdiction.
Sec. 20.510 How is the court involved in foster care placements?
The court retains custody of child(ren) in placement and the care
and supervision must be given to the appropriate social services
agency. Even though 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 six months and a
permanency hearing held within twelve months after a child enters
foster 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.
Sec. 20.511 Should permanency plans be developed?
Permanency planning must be considered for child(ren) whose parents
have not made reasonable efforts to meet case plan goals or have not
had any contact with the child(ren) in foster care or substitute
placement and must be developed six months after initial placement of
the child. Every effort will be made to preserve the family and/or
reunify the children with the family and relatives when developing
permanency plans.
Sec. 20.512 Can the Bureau/tribal contractors make Indian adoptive
placements?
The Bureau is not an authorized adoption agency, and staff must not
arrange adoptive placements. However, long term permanency planning can
[[Page 24307]]
involve the Bureau social services workers cooperating with Tribal
Courts to provide adoption subsidy. Tribal contractors will provide
adoption services, as authorized by the tribal courts in accordance
with tribal codes/law.
Sec. 20.513 Should Interstate Compacts be used for the placement of
children?
Interstate compact agreements must be used whenever possible for
foster care, adoption and guardianship to assure the availability of
the funding resources and services from the originating placement
source.
Sec. 20.514 What assistance can the courts request from social
services on behalf of children?
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(ren); and
(c) Provision of court-related services following adjudication,
such as monitoring, foster care, or pre/post placement services.
Sec. 20.515 What is required for case management?
Social Services staff are required to 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.
Sec. 20.516 How are child abuse and neglect cases to be handled?
Reported child abuse and neglect cases must be handled in
accordance with the Indian Child Protection and Family Violence
Prevention Act of 1990, Pub. L. 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. Child Protection Teams must
be developed in accordance to Pub. L. 99-570. Those cases referred by
the state will be handled according to the Indian Child Welfare Act,
Pub. L. 95-608, and 25 CFR Part 23.
Subpart F--Administrative Procedures
Sec. 20.600 How is an application for financial assistance or social
services made?
(a) Written or oral applications by or on behalf of any individual
or group will be accepted for financial assistance or social services.
Referrals will be accepted from relatives, interested individuals,
social services agencies, law enforcement agencies, courts and others.
(b) All applications must be in written form to the Superintendent
or his/her designated representative.
Sec. 20.601 From whom is eligibility information collected?
(a) Each applicant is the primary source of information used to
determine eligibility and need. If it is necessary to secure
information such as medical records, from other sources, the applicant
must authorize the release of information.
(b) Recipients must accurately report any changes in circumstances
which may affect their eligibility or the amount of financial
assistance they receive. Recipients must report changes in circumstance
within 30 days.
Sec. 20.602 How is an application approved or denied?
(a) Each application must be approved if the applicant meets the
eligibility criteria in Secs. 20.301 through 20.516 for the type of
assistance requested. Financial assistance will be made back to the
date of application.
(b) An application must be denied if the applicant does not meet
the eligibility criteria set forth in Secs. 20.301 through 20.516.
(c) Action to approve or deny an application must be made within 30
days of the date of the application. If action cannot be taken within
30 days, the applicant must be notified in writing of the reasons why
the decision cannot be made. The local social services worker must
issue written notice of the approval or denial of each application
within 45 days of the date of the application.
Sec. 20.603 How is an applicant or recipient notified that benefits or
services are denied?
(a) Written notice of the denial of benefits or services must be
mailed or hand delivered to the applicant or recipient. Any action that
increases, decreases, suspends, or terminates financial assistance
requires written notice to the applicant or recipient 20 days in
advance of the effective date. The notice must clearly and completely
advise the applicant or recipient of the legal right to contest any
adverse decision under Secs. 20.600 through 20.605. The notice must:
(1) State the action taken, the effective date, and the reason(s)
for the decision;
(2) Inform the applicant or recipient of the right to request a
hearing if dissatisfied with the decision;
(3) Advise the applicant or recipient of the right to be
represented by an authorized representative at no expense to the
Bureau;
(4) Include the address of the local Superintendent or his/her
designated representative to whom the request for a hearing must be
submitted; and
(5) Advise the applicant or recipient that failure to request a
hearing within 20 days of the date of the notice will cause the
decision to become final and subject to appeal under Part 2 of 25 CFR.
(b) Upon receipt of the timely appeal, the financial assistance
will remain unchanged and will continue to be provided, pending the
issuance of a written decision by the Superintendent or his/her
designated representative.
Sec. 20.604 How is an incorrect payment adjusted or recovered?
(a) When an incorrect payment of financial assistance has been made
to an individual or family, a proper adjustment or recovery is
required.
(b) The proper adjustment or recovery is based upon individual need
as appropriate to the circumstances that resulted in an incorrect
payment.
(c) Prior to adjustment or recovery, the recipient will be notified
of the proposal to correct the payment and given an informal
opportunity to resolve the matter.
(d) If an informal resolution cannot be attained, the recipient
must be given a written notice of decision.
(e) If a hearing is requested, the hearing will be conducted in
accordance with the procedures under Secs. 20.700 through 20.705.
Sec. 20.605 What happens when applicants or recipients knowingly and
willfully provide false, fictitious, or fraudulent information?
Applicants or recipients who knowingly and willfully provide false
fictitious, or fraudulent information are subject to prosecution under
18 U.S.C. 1001, which carries a fine of not more than $10,000 or
imprisonment for not more than five years, or both. The social services
worker will prepare a written report detailing the action considered to
be fraud and submit the report to the Superintendent or his/her
designated representative for appropriate investigative action.
Subpart G--Hearings and Appeals
Sec. 20.700 Can an applicant or recipient appeal the decision of a
Bureau official?
Yes. Any applicant or recipient who is dissatisfied with a Bureau
decision concerning eligibility or receipt of financial assistance
under this part can request a hearing before the Superintendent or his/
her designated representative. The request for a hearing must be made
within 20 days of the date of the written notice of the decision as
[[Page 24308]]
stated in Sec. 20.603. The Superintendent or his/her designated
representative can extend the 20 day period if good cause is shown and
documented in the record.
Sec. 20.701 Does an applicant or recipient receive financial
assistance while an appeal is pending?
Yes. Financial assistance will be continued or reinstated to insure
there is no break in financial assistance until such time as the
Superintendent or his/her designated representative renders a decision.
The Superintendent or his/her designated representative can adjust
payments or recover overpayments to conform with his/her decision.
Sec. 20.702 When is an appeal hearing scheduled?
The Superintendent or his/her designated representative must set a
date for the hearing within 10 days of the date of request for a
hearing and give written notice to the applicant or recipient.
Sec. 20.703 What must the written notice of hearing include?
The written notice of hearing must include:
(a) The date, time and location of the hearing;
(b) A statement of the facts and issues giving rise to the appeal;
(c) The applicant's or recipient's right to be heard in person, or
to be represented by an authorized representative at no expense to the
Bureau;
(d) The applicant or recipient's right to present both oral and
written evidence during the hearing;
(e) The applicant's or recipient's right to confront and cross-
examine witnesses at the hearing;
(f) The applicant's or recipient's right of one continuance of not
more than 10 days with respect to the date of hearing; and
(g) The applicant's or recipient's right to examine and copy, at a
reasonable time before the hearing, his/her case record as it relates
to the proposed action being contested.
Sec. 20.704 Who conducts the hearing or appeal of a Bureau decision or
action and what is the process?
(a) The Superintendent or his/her designated representative
conducts the hearing in an informal but orderly manner, records the
hearing, and provides the applicant or recipient with a transcript of
the hearing upon request.
(b) The Superintendent or his/her designated representative must
render a written decision within 10 days of the completion of the
hearing. The written decision must include:
(1) A written statement covering the evidence relied upon and
reasons for the decision, and
(2) The applicant's or recipient's right to appeal the
Superintendent or his/her designated representative's decision pursuant
to Part 2 of 25 CFR and request Bureau assistance in preparation of the
appeal.
Sec. 20.705 Can an applicant or recipient appeal a tribal decision?
Yes. The applicant or recipient must pursue the appeal process
applicable to the Pub. L. 93-638 contract, Pub. L. 102-477 grant, or
Pub. L. 103-413 self-governance annual funding agreement. If no appeal
process exists, then the applicant or recipient must pursue the appeal
through the appropriate tribal forum.
Dated: April 30, 1999.
Kevin Gover,
Assistant Secretary--Indian Affairs.
[FR Doc. 99-11334 Filed 5-5-99; 8:45 am]
BILLING CODE 4310-02-P
