42 USC 679c - Programs operated by Indian tribal organizations

U.S Code last checked for updates: May 02, 2024

§ 679c.

Programs operated by Indian tribal organizations

(a)

Definitions of Indian tribe; tribal organizations

(b)

Authority

(c)

Plan requirements

(1)

In general

An Indian tribe, tribal organization, or tribal consortium that elects to operate a program under this part shall include with its plan submitted under section 671 of this title the following:

(A)

Financial management

(B)

Service areas and populations

(C)

Eligibility

(i)

In general

Subject to clause (ii) of this subparagraph, an assurance that the plan will provide—

(I)

foster care maintenance payments under section 672 of this title only on behalf of children who satisfy the eligibility requirements of section 672(a) of this title;

(II)

adoption assistance payments under section 673 of this title pursuant to adoption assistance agreements only on behalf of children who satisfy the eligibility requirements for such payments under that section;

(III)

at the option of the tribe, organization, or consortium, kinship guardianship assistance payments in accordance with section 673(d) of this title only on behalf of children who meet the requirements of section 673(d)(3) of this title; and

(IV)

at the option of the tribe, organization, or consortium, services and programs specified in section 671(e)(1) of this title to children described in section 671(e)(2) of this title and their parents or kin caregivers, in accordance with section 671(e) of this title and subparagraph (E).

(ii)

Satisfaction of foster care eligibility requirements

For purposes of determining whether a child whose placement and care are the responsibility of an Indian tribe, tribal organization, or tribal consortium with a plan approved under section 671 of this title in accordance with this section satisfies the requirements of section 672(a) of this title, the following shall apply:

(I)

Use of affidavits, etc.

(II)

AFDC eligibility requirement

(D)

Option to claim in-kind expenditures from third-party sources for non-Federal share of administrative and training costs during initial implementation period

Only for fiscal year quarters beginning after September 30, 2009, and before October 1, 2014, a list of the in-kind expenditures (which shall be fairly evaluated, and may include plants, equipment, administration, or services) and the third-party sources of such expenditures that the tribe, organization, or consortium may claim as part of the non-Federal share of administrative or training expenditures attributable to such quarters for purposes of receiving payments under section 674(a)(3) of this title. The Secretary shall permit a tribe, organization, or consortium to claim in-kind expenditures from third party sources for such purposes during such quarters subject to the following:

(i)

No effect on authority for tribes, organizations, or consortia to claim expenditures or indirect costs to the same extent as States

(ii)

Fiscal year 2010 or 2011

(I)

Expenditures other than for training

(II)

Training expenditures

(III)

Sources described

For purposes of subclause (II), the sources described in this subclause are the following:

(aa)

A State or local government.

(bb)

An Indian tribe, tribal organization, or tribal consortium other than the tribe, organization, or consortium submitting the plan.

(cc)

A public institution of higher education.

(dd)

A Tribal College or University (as defined in section 1059c of title 20).

(ee)

A private charitable organization.

(iii)

Fiscal year 2012, 2013, or 2014

(I)

In general

(II)

Transition period for early approved tribes, organizations, or consortia

(III)

Definition of early approved tribe, organization, or consortium

(iv)

Fiscal year 2015 and thereafter

(v)

Contingency rule

If, at the time expenditures are made for a fiscal year quarter beginning after September 30, 2011, and before October 1, 2014, for which a tribe, organization, or consortium may receive payments for 1

 So in original.

under section 674(a)(3) of this title, no regulations required to be promulgated under section 301(e)(2) of the Fostering Connections to Success and Increasing Adoptions Act of 2008 are in effect, and no legislation has been enacted specifying otherwise—

(I)

in the case of any quarter of fiscal year 2012, 2013, or 2014, the limitations on claiming in-kind expenditures from third-party sources under clause (ii) of this subparagraph shall apply (without regard to fiscal limitation) for purposes of determining the non-Federal share of such expenditures; and

(II)

in the case of any quarter of fiscal year 2015 or any fiscal year thereafter, no tribe, organization, or consortium may claim in-kind expenditures from third-party sources for purposes of determining the non-Federal share of such expenditures if a State with a plan approved under section 671(a) of this title could not claim in-kind expenditures from third-party sources for such purposes.

(E)

Prevention services and programs for children and their parents and kin caregivers

(i)

In general

(ii)

Performance measures

(2)

Clarification of tribal authority to establish standards for tribal foster family homes and tribal child care institutions

(3)

Consortium

(4)

Inapplicability of State plan requirement to have in effect procedures providing for the use of an electronic interstate case-processing system

(d)

Determination of Federal medical assistance percentage

(1)

Per capita income

(2)

Consideration of other information

(e)

Nonapplication to cooperative agreements and contracts

(f)

John H. Chafee Foster Care Independence Program

(g)

Rule of construction

(Aug. 14, 1935, ch. 531, title IV, § 479B, as added Pub. L. 110–351, title III, § 301(a)(1), Oct. 7, 2008, 122 Stat. 3962; amended Pub. L. 115–123, div. E, title VII, §§ 50711(e), 50722(b), Feb. 9, 2018, 132 Stat. 243, 246.)

cite as: 42 USC 679c