Financial Assistance and Social Services Programs

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

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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:

E[email protected]

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

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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

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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