1. 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

2. Staff Contacts
Erik Stegman Executive Director
Aaron Slater Policy Program Coordinator

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4. Native American Foster Youth Advocate
Jade Tillequots
Native American Foster Youth Advocate

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

7. 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

8. 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

9. 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

10. 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

11. 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

12. 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

13. 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

14. 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

15. 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

16. 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

17. 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 ( )
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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19. 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, Washington, D.C.
Prepared by
Jack F. Trope, Sr. Director, Indian Child Welfare Programs

20. 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

21. 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

22. 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

23. 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

24. 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

25. 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?

26. 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

27. 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

28. 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

29. For Further Information
Jack F. Trope
Senior Director – ICWP

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

32. 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

33. 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

34. 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

35. 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

36. 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
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

37. 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

38. 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?

39. 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

40. Contact Information
Sherril Kuhns Department of Human Services Office of Child Welfare Program Federal Policy and Resources Manager

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