Center for Native American Youth Policy and Resource Roundtable Child Welfare in Tribal Communities: Implementing the Family First Prevention Services Act Center for Native American Youth Policy and Resource Roundtable

Staff Contacts Erik Stegman Executive Director Erik.Stegman@aspeninstitute.org Aaron Slater Policy Program Coordinator Aaron.Slater@aspeninstitute.org

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Native American Foster Youth Advocate Jade Tillequots Native American Foster Youth Advocate

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Family First Prevention Services Act Center for Native American Youth May 14, 2018

Title IV-E Funds Option to use Title IV-E funds to provide prevention/intervention services and programs for up to 12 months, without regard to the Aid to Families with Dependent Children (AFDC) link, beginning FY 2019 Could assist Tribal communities due to eligibility linked to child’s status not income Eligible services include evidence-based Mental health prevention and treatment services Substance abuse prevention and treatment services In-home parent skill-based programs 11/9/2018

Who is eligible for Prevention and Family Services under Title IV-E? A child who is a candidate for foster care who can remain safely at home or in kinship and is identified as being at imminent risk of foster care Including a child whose adoption or guardianship arrangement is a risk and includes post-reunification services A child in foster care who is pregnant or parenting Parents or kin caregivers where services are needed to prevent the candidate for foster care from entry into care 11/9/2018

Prevention Services Services and programs must be trauma-informed and be “promising”, “supported”, or “well-supported” HHS by October 1, 2018 to release practice criteria required and pre-approved list of services/programs 50% of the expenditures reimbursed must meet the requirements for well-supported practices starting in Fiscal Year (FY) 2020 States must spend no less on “foster care prevention” than it spent on FY 2014 prevention services Small states (Child pop. under 200,000) opt for FY2015 or FY2016 Title IV-E waivers are excluded 11/9/2018

Evidence Level Categories Promising Improved outcomes must be based on at least one study that use some form of control group Supported Improved outcome must be based on the results of at least one study that used a random control or quasi-experimental trial Carried out in a usual care of practice setting Sustained effect for at least 6 months beyond the end of treatment Well-Supported Improved outcome must be based on the results of at least 2 studies that used a random control or quasi-experimental trial Carried out in a usual care or practice setting Sustained effect for at least one year beyond the end of treatment 11/9/2018

Some State Plan Requirements The state must include a state plan on prevention services and programs plan that includes: How providing services & programs are expected to improve specific outcomes for children and families How the state will monitor and oversee the safety of children who receive services/programs The services/programs provided and target populations Training and support for the child welfare workforce and oversight and management of the caseload size States must collect data and report to HHS information on each child/adult receiving prevention services/ 11/9/2018

Prevention Activities Application to Tribes Allows for tribes with a Title IV-E program to include a prevention services HHS to specify the requirements and performance measures for a tribal prevention services Must permit programs and services adapted to culture and context of tribal communities served By October 1, 2018 HHS issues practice criteria and pre-approved list of programs Potential start date October 1, 2019 (FY’20) 11/9/2018

Restrictions on Foster Care Placements (Pay-for) Licensed (state/tribal approved) foster family home with 6 or fewer children-- Exceptions for sibling groups, children with severe disabilities, some others Licensed private/public child care institution: A Qualified Residential Treatment Program (QRTP) A settings for prenatal or parenting supports A supervised independent living program for youth over 18 Residential care youth at risk/victims of sex trafficking Residential family-based substance use treatment The child eligible for Title IV-E maintenance payments for 12 months regardless of AFDC link The child must have a case plan and be a child considered a candidate for foster care Facility meets requirements around treatment, parent education, family counseling and treatment framework based on trauma

Qualified Residential Treatment Programs (QRTP) A QRTP will have the following components: A trauma-informed treatment model, registered/licensed nursing or clinical staff available 24/7 Family outreach/engagement, treatment plan that includes post discharge planning for at least 6 months and accreditation Must be an assessment within 30 days of placement by a “qualified individual” HHS will provide guidance definitions & assessment tool The state assembles a family/permanency team including biological, kin, and appropriate professionals who are a resource to the family/child must include members selected by the youth 14 or older When QRTP is not appropriate, states have 30 days to transition the child/youth to another placement 11/9/2018

Steps Taken After A Child’s Placement in a QRTP MUST be determined by the court (Tribal court) within 60 Days– If a child remains in a QRTP, at each permanency hearings the state agency/Tribe has to submit documentation on progress Reviews at each 6-month status review and 12-month permanency hearing A child 12 or younger in a QRTP for 6 consecutive months or non-consecutive months OR is 13 or older and in a QRTP for 12 months or 18 non-consecutive months, the state child welfare agency head provides documentation to HHS. 11/9/2018

Kinship Navigator Funding Regional Partnership Grants are modified: Now range from $250,000 to $1 million--includes substance abuse agency along with child welfare agency If grants address foster care, the courts must be a partner & if it’s a grant to a Tribe and includes foster care it must include tribal courts as a partner New 2018 appropriations adds $20 million Allows use of Title IV-E funds for kinship navigator programs at 50 percent match Same requirements under Family Connection Grants and must be operated according to: Well-supported, Supported, Promising 2018 Appropriations Adds $20 million for Navigator 11/9/2018

Kinship Navigator Funding Navigator program In Arizona Included Tribal Communities: 9 navigators across 4 counties served 3100 kin and 5000 children Services: information and referral, specific session on legal assistance in navigating courts peer-led support groups, Kinship information sessions on permanency, child welfare and services 5% of population touching 20 tribes (2012-14) Other Items of Interest: NEICE Information/ICPC Updates does not cover Tribes $8 million competitive Foster Care Recruitment does cover Tribes 11/9/2018

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Prepared by Jack F. Trope, Sr. Director, Indian Child Welfare Programs Family First Prevention Services Act – tribal issues Center for Native American Youth Roundtable May 14, 2018 Washington, D.C. Prepared by Jack F. Trope, Sr. Director, Indian Child Welfare Programs

Implementation issues – Family First Interpretation of the provision providing that services and programs adapted to the cultural and context of tribal community shall be permitted Meaning of language How will this be documented/evaluated How broad is this provision Application to direct-funded tribes, tribes with tribal-state agreements Kinship Navigator Grants Strategies for developing “approved” programs

Implementation issues – Family First Children’s Bureau must develop specific performance measures for tribes Must be consistent with states to extent practicable Must allow consideration of factors unique to the provision of services by tribes Types of measures applicable to states include percentage of candidates for foster care that do not enter foster care and the cost per child of the services

Implementation issues – Family First Maintenance of effort requirement How will this be calculated for tribes Will it be different for direct funded tribes as opposed to tribes operating Title IV-E through a tribal-state agreement

Implementation issues – Family First Unlike states, implementation date for tribes is not fixed regardless of whether tribe is direct funded or accesses IV-E through a tribal-state agreement – tribes can get as much additional time as the Secretary determines is necessary – how will that be interpreted Foster care licensing standards – will there be recognition of unique tribal needs What kind of T/A will Children’s Bureau provide to tribes

Grant Programs Kinship Navigator Program Will be available to tribes operating Title IV-E directly on an entitlement basis if they submit application Allocation based upon population for IV-B purposes; first year amounts will range from $26,108 - $274,164 Substance Abuse Grants (covered previously) Foster Care Recruitment Grants ($8 million) – priority to jurisdictions with high numbers of children in non-family settings – tribes eligible

Impact on ICWA – Active Efforts More resources available for states Adjustment to time limit for reunification services under Title IV-B, Part 2 – clock now runs from date of reunification Will changes affect tribal contracting with states? How will QRTs consult with tribes?

Other Issues Tribes exempt from requirement that IV-E programs have electronic system dealing with inter-state transfers Potential for tribes without IV-E agreements now to contract only for the preventive services program No need for eligibility determinations or cost allocation systems

Next Steps Program Guidance will be forthcoming from Children’s Bureau Guidance on evidence-based programming and foster care licensing due by October 1, 2018. Timeline for other guidance (including tribal issues) – not specified Essential that tribes have input through tribal consultation process

Next Steps Casey Family Programs is discussing co-sponsoring a series of meetings on Family First with the Children’s Bureau – will keep you informed as this develops

For Further Information Jack F. Trope Senior Director – ICWP jtrope@casey.org

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Oregon Tribal Inter-Governmental Agreements Department of Human Service – Child Welfare Program Sherril Kuhns – Federal Policy and Resources Manager

Oregon Child Welfare Inter-Governmental Agreements Tribe Title IV-E Foster Care Agreement Title IV-B Sub Part 2 Title XX Social Service Block Grant System Of Care (State Funds) Burns Paiute Tribe Yes Confederated Tribes of Coos, Lower Umpqua & Siuslaw No Cow Creek Band of Umpqua Tribe of Indians Coquille Indian Tribe Confederated Tribes of Grand Ronde The Klamath Tribes Confederated Tribes of Siletz Indians Confederated Tribes of the Umatilla Indian Confederated Tribes of Warm Springs Tribe

Oregon Child Welfare History of Title IV-E Tribal Agreements The first Title IV-E Agreement was signed in 1996 It took many years to develop the program for each Tribe and the Tribe could not count on consistent Title IV-E reimbursement which caused a strain on their Child Welfare programs The biggest roadblock to successful implementation of Tribal Title IV-E Agreements is the State did not have dedicated staff. The Child Welfare Federal Resources Manager and Title IV-E Program Coordinator had to try and provide the training and support to the Tribes to obtain Title IV-E reimbursement on top of their other responsibilities (managing the States Title IV-E program) The lack of consistency created distrust and the relationship between Oregon Child Welfare and the Tribes was strained

Oregon Child Welfare History of Title IV-E Tribal Agreements It was not until 2004 before Oregon truly gave the Tribal Title IV-E Agreements the attention needed to be successful The Child Welfare Federal Resources Manager and Title IV-E Program Coordinator worked with Children’s Bureau and the Tribes finalized the process for which the Tribes would obtain Title IV-E administrative reimbursement (still no dedicated staff) The Manager and Program Coordinator provided training and were committed to improve the relationship with the Tribes

Oregon Child Welfare History of Title IV-E Tribal Agreements In 2006 Oregon created two dedicated staff for the Tribal Title IV-E Agreements Federal Tribal Liaison provided training, daily technical assistance and processed the Tribe’s Title IV-E Administrative reimbursement. This position is the first point of contact for the Tribes. Tribal Title IV-E Specialist completed Title IV-E eligibility determinations for all Tribes and assisted Federal Tribal Liaison to enter required information into the Oregon Child Welfare system to obtain the Title IV-E foster care maintenance reimbursement In addition to these two dedicated staff, the Manager dedicates as much time as possible to the Tribal Agreements

Oregon Child Welfare Implementation of the Family First Prevention Services Act for Tribal Title IV-E Agreements Child Welfare Program provided notification of the Family First Prevention Services Act by email Provided the Information Memorandum from Children’s Bureau Later this month, the Deputy Child Welfare Director will discuss with the Tribes at our Quarterly ICWA Advisory Meeting

Oregon Child Welfare Implementation of the Family First Prevention Services Act for Tribal Title IV-E Agreements My plans as the Federal Policy and Resources Manager: Schedule individual meetings and conference calls with all of the Tribes (individual and group meetings) Discuss the provisions of the new federal Family First Prevention Services Act Develop procedures and processes with the least of amount of administrative burden on the Tribe while ensuring compliance with the federal regulation Specific conversation with the two Tribes without a IV-E agreement to determine if a IV-E Agreement for the Family First Prevention Act only provision would be possible

Oregon Child Welfare Implementation of the Family First Prevention Services Act for Tribal Title IV-E Agreements Initial Thoughts: The federal definition of “candidate for foster care” is not trauma informed: “A child who is considered at imminent risk of entering, or reentering foster care” What type of documentation will be required for the “candidate for foster care” requirement in order to obtain IV-E reimbursement for the prevention services What prevention services will HHS include for Tribal Agencies? HHS is required to permit tribes to provide services and programs that are adapted to the culture and context of the tribal communities served. If none of the services on the evidenced based list meet the Tribes needs, how to include the Tribes prevention services in the States “promising practice” budget?

Oregon Child Welfare Implementation of the Family First Prevention Services Act for Tribal Title IV-E Agreements Initial thoughts continued: Budget for State general fund for the prevention services Current IV-E agreements include the State providing the general fund match for foster care maintenance reimbursement, will we do the same for prevention services? Additional staff person dedicated to Title IV-E Family First Prevention Services provision of the Tribal Title IV-E Agreements? Oregon Child Welfare system modifications to meet the documentation and reporting requirements for prevention services and how to keep the tribes prevention case data remain confidential

Contact Information Sherril Kuhns Department of Human Services Office of Child Welfare Program Federal Policy and Resources Manager Sherril.Kuhns@dhsoha.state.or.us 503-945-6679

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