BILL NUMBER: AB 770CHAPTERED BILL TEXT CHAPTER 124 FILED WITH SECRETARY OF STATE AUGUST 6, 2009 APPROVED BY GOVERNOR AUGUST 5, 2009 PASSED THE SENATE JULY 16, 2009 PASSED THE ASSEMBLY MAY 28, 2009 AMENDED IN ASSEMBLY MAY 12, 2009 AMENDED IN ASSEMBLY APRIL 16, 2009 INTRODUCED BY Assembly Member Torres (Coauthor: Assembly Member Ammiano) FEBRUARY 26, 2009 An act to add Sections 16000.5 and 16000.6 to the Welfare and Institutions Code, relating to Indian tribes. LEGISLATIVE COUNSEL'S DIGEST AB 770, Torres. Indian tribes: foster care and adoption programs. Existing law provides for child welfare services, which are public social services directed toward, among other purposes, protecting and promoting the welfare of all children, including those in foster care placement. Existing law includes specified findings and declarations of the Legislature relating to child welfare services. This bill would make it the policy of the state to maximize the opportunities for Indian tribes to operate foster care programs for Indian children pursuant to the federal Fostering Connections to Success and Increasing Adoptions Act of 2008. This bill would require the State Department of Social Services to negotiate in good faith with the Indian tribe, organization, or consortium in the state that requests development of an agreement with the state to administer all or part of the programs under specified provisions of federal law relating to foster care and adoption assistance, on behalf of the Indian children who are under the authority of the tribe, organization, or consortium. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 16000.5 is added to the Welfare and Institutions Code, to read: 16000.5. The Legislature finds and declares all of the following: (a) The Fostering Connections to Success and Increasing Adoptions Act of 2008 (Public Law 110-351) provides Indian tribes with the option, effective October 1, 2009, to operate a foster care, adoption assistance, and, at tribal option, a kinship guardianship assistance program under Title IV-E of the Social Security Act (42 U.S.C. Sec. 671 et seq.). The federal government will share the costs of a tribe operating an approved Title IV-E program. (b) It shall be the policy of the state to maximize the opportunities for Indian tribes to operate foster care programs for Indian children pursuant to the federal Fostering Connections to Success and Increasing Adoptions Act of 2008. SEC. 2. Section 16000.6 is added to the Welfare and Institutions Code, to read: 16000.6. The State Department of Social Services shall negotiate in good faith with the Indian tribe, organization, or consortium in the state that requests development of an agreement with the state to administer all or part of the programs under Title IV-E of the Social Security Act (42 U.S.C. Sec. 671 et seq.) on behalf of the Indian children who are under the authority of the tribe, organization, or consortium.