CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 1378Introduced by Assembly Member Rogers(Principal coauthor: Assembly Member Hadwick)(Principal coauthor: Senator Prez)(Coauthors: Assembly Members Aguiar-Curry, Ahrens, Ramos, Michelle Rodriguez, Sanchez, and Wallis)(Coauthors: Senators Becker and Ochoa Bogh)February 21, 2025 An act to amend Section 10553.1 of the Welfare and Institutions Code, relating to child welfare. LEGISLATIVE COUNSEL'S DIGESTAB 1378, as introduced, Rogers. Child welfare services: prevention services: Indian tribes.Existing law requires, upon an Indian tribes request, the State Department of Social Services to enter into an agreement with a tribe, consortium of tribes, or tribal organization regarding the care and custody of Indian children and jurisdiction over Indian child custody proceedings, and requires the department 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 Title IV-E of the Social Security Act on behalf of the Indian children who are under the authority of the tribe, organization, or consortium. Existing law makes an Indian tribe, tribal organization, or tribal consortium that is a party to an agreement eligible to receive allocations of child welfare services funds, in accordance with the agreement.Existing federal law, the Family First Prevention Services Act of 2018, among other things, provides states with an option to use federal funds under Title IV of the federal Social Security Act to provide mental health and substance abuse prevention and treatment services and in-home parent skill-based programs to a child who is a candidate for foster care or a child in foster care who is a pregnant or parenting foster youth, as specified. Existing law establishes the Family First Prevention Services program, and requires the department to have oversight of the program. Existing law authorizes a county or Indian tribe, consortium of tribes, or tribal organization that has entered into the above-described agreement with the state that elects to provide prevention services to provide those services for certain individuals for a certain period.This bill would provide that agreements between the department and a tribe, consortium of tribes, or tribal organization regarding the care and custody of Indian children and jurisdiction over Indian child custody proceedings includes agreements that prevent entry into foster care, and would authorize such an agreement to be made for the sole purpose of the administration of prevention programs under the Family First Prevention Services program. The bill would also provide that the child welfare services funds an Indian tribe, tribal organization, or tribal consortium that is a party to an agreement is eligible to receive includes administrative funds to support the cost of legal representation for the agency, parent, guardian, and childrens advocates in cases under a tribes jurisdiction pursuant to the agreement.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 10553.1 of the Welfare and Institutions Code is amended to read:10553.1. (a) Notwithstanding any other law, the department shall, upon an Indian tribes request, enter into an agreement, in accordance with Section 16000.6, and not inconsistent with Section 1919 of Title 25 of the United States Code, with any Indian tribe, tribal organization, or tribal consortium located in California or with lands that extend into this state regarding the care and custody of Indian children and jurisdiction over Indian child custody proceedings, including, but not limited to, agreements any of the following:(1) Agreements that provide for orderly adjudication of, and transfer of jurisdiction on a case-by-case basis for, cases subject to exclusive tribal or state jurisdiction, or for concurrent jurisdiction between the state and tribes.(2) Agreements that prevent entry into foster care.(b) (1) There shall be no tribal share of costs for any agreement under subdivision (a).(2) An agreement under subdivision (a) concerning the provision of child welfare services shall ensure that a tribe, tribal organization, or tribal consortium meets current service delivery standards provided for under Chapter 5 (commencing with Section 16500) of Part 4.(3) An agreement under subdivision (a) concerning assistance payments under the AFDC-FC program shall ensure that a tribe, tribal organization, or tribal consortium meets current foster care standards provided for under Article 5 (commencing with Section 11400) of Chapter 2 of Part 3.(4) An agreement under subdivision (a) concerning adoption assistance shall ensure that a tribe, tribal organization, or tribal consortium meets the current service delivery standards provided for under Chapter 2.1 (commencing with Section 16115) of Part 4.(5) An agreement under subdivision (a) shall ensure that a tribe, tribal organization, or tribal consortium claims and uses all eligible federal funding available under Title IV-E of the federal Social Security Act.(6) Notwithstanding any other law, the nonfederal costs pursuant to an agreement under this section shall be borne by the state. However, in the event that an Indian child is transferred from the jurisdiction of the tribe to the jurisdiction of the county, the nonfederal costs for the child shall be borne by the county as for any other child under the countys jurisdiction.(7) Notwithstanding any other law, an agreement under subdivision (a) may be made for the sole purpose of the administration of prevention programs pursuant to Chapter 7 (commencing with Section 16585) of Part 4.(c) Upon the effective date of an agreement authorized by subdivision (a), the tribe, tribal organization, or tribal consortium shall comply with fiscal reporting requirements specified by the department for federal and state reimbursement of child welfare services funds or AFDC-FC services for programs operated under the agreement.(d) An Indian tribe, tribal organization, or tribal consortium, that is a party to an agreement under subdivision (a), shall, in accordance with the agreement, be eligible to receive allocations of child welfare services funds. funds, including, but not limited to, administrative funds to support the cost of legal representation for the agency, parent, guardian, and childrens advocates in cases under a tribes jurisdiction pursuant to the agreement.(e) An Indian tribe, tribal organization, or tribal consortium, that is a party to an agreement under subdivision (a), may, in accordance with the agreement, be eligible to receive an allocation of child welfare services funds to assist in funding the startup costs associated with establishing a comprehensive child welfare services program. The allocation shall be available for expenditure by the Indian tribe, tribal organization, or tribal consortium for three years of the agreement under subdivision (a). The department may extend the time for expenditure of the allocation upon a showing of good cause by the party seeking an extension. This subdivision shall be implemented only to the extent that funding is expressly provided in the annual Budget Act for these purposes.(f) Implementation of an agreement under subdivision (a) does not impose liability upon, or to require indemnification by, the participating county or the State of California for any act or omission performed by an officer, agent, or employee of the participating tribe, tribal organization, or tribal consortium, pursuant to this section.
CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 1378Introduced by Assembly Member Rogers(Principal coauthor: Assembly Member Hadwick)(Principal coauthor: Senator Prez)(Coauthors: Assembly Members Aguiar-Curry, Ahrens, Ramos, Michelle Rodriguez, Sanchez, and Wallis)(Coauthors: Senators Becker and Ochoa Bogh)February 21, 2025 An act to amend Section 10553.1 of the Welfare and Institutions Code, relating to child welfare. LEGISLATIVE COUNSEL'S DIGESTAB 1378, as introduced, Rogers. Child welfare services: prevention services: Indian tribes.Existing law requires, upon an Indian tribes request, the State Department of Social Services to enter into an agreement with a tribe, consortium of tribes, or tribal organization regarding the care and custody of Indian children and jurisdiction over Indian child custody proceedings, and requires the department 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 Title IV-E of the Social Security Act on behalf of the Indian children who are under the authority of the tribe, organization, or consortium. Existing law makes an Indian tribe, tribal organization, or tribal consortium that is a party to an agreement eligible to receive allocations of child welfare services funds, in accordance with the agreement.Existing federal law, the Family First Prevention Services Act of 2018, among other things, provides states with an option to use federal funds under Title IV of the federal Social Security Act to provide mental health and substance abuse prevention and treatment services and in-home parent skill-based programs to a child who is a candidate for foster care or a child in foster care who is a pregnant or parenting foster youth, as specified. Existing law establishes the Family First Prevention Services program, and requires the department to have oversight of the program. Existing law authorizes a county or Indian tribe, consortium of tribes, or tribal organization that has entered into the above-described agreement with the state that elects to provide prevention services to provide those services for certain individuals for a certain period.This bill would provide that agreements between the department and a tribe, consortium of tribes, or tribal organization regarding the care and custody of Indian children and jurisdiction over Indian child custody proceedings includes agreements that prevent entry into foster care, and would authorize such an agreement to be made for the sole purpose of the administration of prevention programs under the Family First Prevention Services program. The bill would also provide that the child welfare services funds an Indian tribe, tribal organization, or tribal consortium that is a party to an agreement is eligible to receive includes administrative funds to support the cost of legal representation for the agency, parent, guardian, and childrens advocates in cases under a tribes jurisdiction pursuant to the agreement.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION
Assembly Bill
No. 1378
Introduced by Assembly Member Rogers(Principal coauthor: Assembly Member Hadwick)(Principal coauthor: Senator Prez)(Coauthors: Assembly Members Aguiar-Curry, Ahrens, Ramos, Michelle Rodriguez, Sanchez, and Wallis)(Coauthors: Senators Becker and Ochoa Bogh)February 21, 2025
Introduced by Assembly Member Rogers(Principal coauthor: Assembly Member Hadwick)(Principal coauthor: Senator Prez)(Coauthors: Assembly Members Aguiar-Curry, Ahrens, Ramos, Michelle Rodriguez, Sanchez, and Wallis)(Coauthors: Senators Becker and Ochoa Bogh)
February 21, 2025
An act to amend Section 10553.1 of the Welfare and Institutions Code, relating to child welfare.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 1378, as introduced, Rogers. Child welfare services: prevention services: Indian tribes.
Existing law requires, upon an Indian tribes request, the State Department of Social Services to enter into an agreement with a tribe, consortium of tribes, or tribal organization regarding the care and custody of Indian children and jurisdiction over Indian child custody proceedings, and requires the department 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 Title IV-E of the Social Security Act on behalf of the Indian children who are under the authority of the tribe, organization, or consortium. Existing law makes an Indian tribe, tribal organization, or tribal consortium that is a party to an agreement eligible to receive allocations of child welfare services funds, in accordance with the agreement.Existing federal law, the Family First Prevention Services Act of 2018, among other things, provides states with an option to use federal funds under Title IV of the federal Social Security Act to provide mental health and substance abuse prevention and treatment services and in-home parent skill-based programs to a child who is a candidate for foster care or a child in foster care who is a pregnant or parenting foster youth, as specified. Existing law establishes the Family First Prevention Services program, and requires the department to have oversight of the program. Existing law authorizes a county or Indian tribe, consortium of tribes, or tribal organization that has entered into the above-described agreement with the state that elects to provide prevention services to provide those services for certain individuals for a certain period.This bill would provide that agreements between the department and a tribe, consortium of tribes, or tribal organization regarding the care and custody of Indian children and jurisdiction over Indian child custody proceedings includes agreements that prevent entry into foster care, and would authorize such an agreement to be made for the sole purpose of the administration of prevention programs under the Family First Prevention Services program. The bill would also provide that the child welfare services funds an Indian tribe, tribal organization, or tribal consortium that is a party to an agreement is eligible to receive includes administrative funds to support the cost of legal representation for the agency, parent, guardian, and childrens advocates in cases under a tribes jurisdiction pursuant to the agreement.
Existing law requires, upon an Indian tribes request, the State Department of Social Services to enter into an agreement with a tribe, consortium of tribes, or tribal organization regarding the care and custody of Indian children and jurisdiction over Indian child custody proceedings, and requires the department 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 Title IV-E of the Social Security Act on behalf of the Indian children who are under the authority of the tribe, organization, or consortium. Existing law makes an Indian tribe, tribal organization, or tribal consortium that is a party to an agreement eligible to receive allocations of child welfare services funds, in accordance with the agreement.
Existing federal law, the Family First Prevention Services Act of 2018, among other things, provides states with an option to use federal funds under Title IV of the federal Social Security Act to provide mental health and substance abuse prevention and treatment services and in-home parent skill-based programs to a child who is a candidate for foster care or a child in foster care who is a pregnant or parenting foster youth, as specified. Existing law establishes the Family First Prevention Services program, and requires the department to have oversight of the program. Existing law authorizes a county or Indian tribe, consortium of tribes, or tribal organization that has entered into the above-described agreement with the state that elects to provide prevention services to provide those services for certain individuals for a certain period.
This bill would provide that agreements between the department and a tribe, consortium of tribes, or tribal organization regarding the care and custody of Indian children and jurisdiction over Indian child custody proceedings includes agreements that prevent entry into foster care, and would authorize such an agreement to be made for the sole purpose of the administration of prevention programs under the Family First Prevention Services program. The bill would also provide that the child welfare services funds an Indian tribe, tribal organization, or tribal consortium that is a party to an agreement is eligible to receive includes administrative funds to support the cost of legal representation for the agency, parent, guardian, and childrens advocates in cases under a tribes jurisdiction pursuant to the agreement.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 10553.1 of the Welfare and Institutions Code is amended to read:10553.1. (a) Notwithstanding any other law, the department shall, upon an Indian tribes request, enter into an agreement, in accordance with Section 16000.6, and not inconsistent with Section 1919 of Title 25 of the United States Code, with any Indian tribe, tribal organization, or tribal consortium located in California or with lands that extend into this state regarding the care and custody of Indian children and jurisdiction over Indian child custody proceedings, including, but not limited to, agreements any of the following:(1) Agreements that provide for orderly adjudication of, and transfer of jurisdiction on a case-by-case basis for, cases subject to exclusive tribal or state jurisdiction, or for concurrent jurisdiction between the state and tribes.(2) Agreements that prevent entry into foster care.(b) (1) There shall be no tribal share of costs for any agreement under subdivision (a).(2) An agreement under subdivision (a) concerning the provision of child welfare services shall ensure that a tribe, tribal organization, or tribal consortium meets current service delivery standards provided for under Chapter 5 (commencing with Section 16500) of Part 4.(3) An agreement under subdivision (a) concerning assistance payments under the AFDC-FC program shall ensure that a tribe, tribal organization, or tribal consortium meets current foster care standards provided for under Article 5 (commencing with Section 11400) of Chapter 2 of Part 3.(4) An agreement under subdivision (a) concerning adoption assistance shall ensure that a tribe, tribal organization, or tribal consortium meets the current service delivery standards provided for under Chapter 2.1 (commencing with Section 16115) of Part 4.(5) An agreement under subdivision (a) shall ensure that a tribe, tribal organization, or tribal consortium claims and uses all eligible federal funding available under Title IV-E of the federal Social Security Act.(6) Notwithstanding any other law, the nonfederal costs pursuant to an agreement under this section shall be borne by the state. However, in the event that an Indian child is transferred from the jurisdiction of the tribe to the jurisdiction of the county, the nonfederal costs for the child shall be borne by the county as for any other child under the countys jurisdiction.(7) Notwithstanding any other law, an agreement under subdivision (a) may be made for the sole purpose of the administration of prevention programs pursuant to Chapter 7 (commencing with Section 16585) of Part 4.(c) Upon the effective date of an agreement authorized by subdivision (a), the tribe, tribal organization, or tribal consortium shall comply with fiscal reporting requirements specified by the department for federal and state reimbursement of child welfare services funds or AFDC-FC services for programs operated under the agreement.(d) An Indian tribe, tribal organization, or tribal consortium, that is a party to an agreement under subdivision (a), shall, in accordance with the agreement, be eligible to receive allocations of child welfare services funds. funds, including, but not limited to, administrative funds to support the cost of legal representation for the agency, parent, guardian, and childrens advocates in cases under a tribes jurisdiction pursuant to the agreement.(e) An Indian tribe, tribal organization, or tribal consortium, that is a party to an agreement under subdivision (a), may, in accordance with the agreement, be eligible to receive an allocation of child welfare services funds to assist in funding the startup costs associated with establishing a comprehensive child welfare services program. The allocation shall be available for expenditure by the Indian tribe, tribal organization, or tribal consortium for three years of the agreement under subdivision (a). The department may extend the time for expenditure of the allocation upon a showing of good cause by the party seeking an extension. This subdivision shall be implemented only to the extent that funding is expressly provided in the annual Budget Act for these purposes.(f) Implementation of an agreement under subdivision (a) does not impose liability upon, or to require indemnification by, the participating county or the State of California for any act or omission performed by an officer, agent, or employee of the participating tribe, tribal organization, or tribal consortium, pursuant to this section.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 10553.1 of the Welfare and Institutions Code is amended to read:10553.1. (a) Notwithstanding any other law, the department shall, upon an Indian tribes request, enter into an agreement, in accordance with Section 16000.6, and not inconsistent with Section 1919 of Title 25 of the United States Code, with any Indian tribe, tribal organization, or tribal consortium located in California or with lands that extend into this state regarding the care and custody of Indian children and jurisdiction over Indian child custody proceedings, including, but not limited to, agreements any of the following:(1) Agreements that provide for orderly adjudication of, and transfer of jurisdiction on a case-by-case basis for, cases subject to exclusive tribal or state jurisdiction, or for concurrent jurisdiction between the state and tribes.(2) Agreements that prevent entry into foster care.(b) (1) There shall be no tribal share of costs for any agreement under subdivision (a).(2) An agreement under subdivision (a) concerning the provision of child welfare services shall ensure that a tribe, tribal organization, or tribal consortium meets current service delivery standards provided for under Chapter 5 (commencing with Section 16500) of Part 4.(3) An agreement under subdivision (a) concerning assistance payments under the AFDC-FC program shall ensure that a tribe, tribal organization, or tribal consortium meets current foster care standards provided for under Article 5 (commencing with Section 11400) of Chapter 2 of Part 3.(4) An agreement under subdivision (a) concerning adoption assistance shall ensure that a tribe, tribal organization, or tribal consortium meets the current service delivery standards provided for under Chapter 2.1 (commencing with Section 16115) of Part 4.(5) An agreement under subdivision (a) shall ensure that a tribe, tribal organization, or tribal consortium claims and uses all eligible federal funding available under Title IV-E of the federal Social Security Act.(6) Notwithstanding any other law, the nonfederal costs pursuant to an agreement under this section shall be borne by the state. However, in the event that an Indian child is transferred from the jurisdiction of the tribe to the jurisdiction of the county, the nonfederal costs for the child shall be borne by the county as for any other child under the countys jurisdiction.(7) Notwithstanding any other law, an agreement under subdivision (a) may be made for the sole purpose of the administration of prevention programs pursuant to Chapter 7 (commencing with Section 16585) of Part 4.(c) Upon the effective date of an agreement authorized by subdivision (a), the tribe, tribal organization, or tribal consortium shall comply with fiscal reporting requirements specified by the department for federal and state reimbursement of child welfare services funds or AFDC-FC services for programs operated under the agreement.(d) An Indian tribe, tribal organization, or tribal consortium, that is a party to an agreement under subdivision (a), shall, in accordance with the agreement, be eligible to receive allocations of child welfare services funds. funds, including, but not limited to, administrative funds to support the cost of legal representation for the agency, parent, guardian, and childrens advocates in cases under a tribes jurisdiction pursuant to the agreement.(e) An Indian tribe, tribal organization, or tribal consortium, that is a party to an agreement under subdivision (a), may, in accordance with the agreement, be eligible to receive an allocation of child welfare services funds to assist in funding the startup costs associated with establishing a comprehensive child welfare services program. The allocation shall be available for expenditure by the Indian tribe, tribal organization, or tribal consortium for three years of the agreement under subdivision (a). The department may extend the time for expenditure of the allocation upon a showing of good cause by the party seeking an extension. This subdivision shall be implemented only to the extent that funding is expressly provided in the annual Budget Act for these purposes.(f) Implementation of an agreement under subdivision (a) does not impose liability upon, or to require indemnification by, the participating county or the State of California for any act or omission performed by an officer, agent, or employee of the participating tribe, tribal organization, or tribal consortium, pursuant to this section.
SECTION 1. Section 10553.1 of the Welfare and Institutions Code is amended to read:
### SECTION 1.
10553.1. (a) Notwithstanding any other law, the department shall, upon an Indian tribes request, enter into an agreement, in accordance with Section 16000.6, and not inconsistent with Section 1919 of Title 25 of the United States Code, with any Indian tribe, tribal organization, or tribal consortium located in California or with lands that extend into this state regarding the care and custody of Indian children and jurisdiction over Indian child custody proceedings, including, but not limited to, agreements any of the following:(1) Agreements that provide for orderly adjudication of, and transfer of jurisdiction on a case-by-case basis for, cases subject to exclusive tribal or state jurisdiction, or for concurrent jurisdiction between the state and tribes.(2) Agreements that prevent entry into foster care.(b) (1) There shall be no tribal share of costs for any agreement under subdivision (a).(2) An agreement under subdivision (a) concerning the provision of child welfare services shall ensure that a tribe, tribal organization, or tribal consortium meets current service delivery standards provided for under Chapter 5 (commencing with Section 16500) of Part 4.(3) An agreement under subdivision (a) concerning assistance payments under the AFDC-FC program shall ensure that a tribe, tribal organization, or tribal consortium meets current foster care standards provided for under Article 5 (commencing with Section 11400) of Chapter 2 of Part 3.(4) An agreement under subdivision (a) concerning adoption assistance shall ensure that a tribe, tribal organization, or tribal consortium meets the current service delivery standards provided for under Chapter 2.1 (commencing with Section 16115) of Part 4.(5) An agreement under subdivision (a) shall ensure that a tribe, tribal organization, or tribal consortium claims and uses all eligible federal funding available under Title IV-E of the federal Social Security Act.(6) Notwithstanding any other law, the nonfederal costs pursuant to an agreement under this section shall be borne by the state. However, in the event that an Indian child is transferred from the jurisdiction of the tribe to the jurisdiction of the county, the nonfederal costs for the child shall be borne by the county as for any other child under the countys jurisdiction.(7) Notwithstanding any other law, an agreement under subdivision (a) may be made for the sole purpose of the administration of prevention programs pursuant to Chapter 7 (commencing with Section 16585) of Part 4.(c) Upon the effective date of an agreement authorized by subdivision (a), the tribe, tribal organization, or tribal consortium shall comply with fiscal reporting requirements specified by the department for federal and state reimbursement of child welfare services funds or AFDC-FC services for programs operated under the agreement.(d) An Indian tribe, tribal organization, or tribal consortium, that is a party to an agreement under subdivision (a), shall, in accordance with the agreement, be eligible to receive allocations of child welfare services funds. funds, including, but not limited to, administrative funds to support the cost of legal representation for the agency, parent, guardian, and childrens advocates in cases under a tribes jurisdiction pursuant to the agreement.(e) An Indian tribe, tribal organization, or tribal consortium, that is a party to an agreement under subdivision (a), may, in accordance with the agreement, be eligible to receive an allocation of child welfare services funds to assist in funding the startup costs associated with establishing a comprehensive child welfare services program. The allocation shall be available for expenditure by the Indian tribe, tribal organization, or tribal consortium for three years of the agreement under subdivision (a). The department may extend the time for expenditure of the allocation upon a showing of good cause by the party seeking an extension. This subdivision shall be implemented only to the extent that funding is expressly provided in the annual Budget Act for these purposes.(f) Implementation of an agreement under subdivision (a) does not impose liability upon, or to require indemnification by, the participating county or the State of California for any act or omission performed by an officer, agent, or employee of the participating tribe, tribal organization, or tribal consortium, pursuant to this section.
10553.1. (a) Notwithstanding any other law, the department shall, upon an Indian tribes request, enter into an agreement, in accordance with Section 16000.6, and not inconsistent with Section 1919 of Title 25 of the United States Code, with any Indian tribe, tribal organization, or tribal consortium located in California or with lands that extend into this state regarding the care and custody of Indian children and jurisdiction over Indian child custody proceedings, including, but not limited to, agreements any of the following:(1) Agreements that provide for orderly adjudication of, and transfer of jurisdiction on a case-by-case basis for, cases subject to exclusive tribal or state jurisdiction, or for concurrent jurisdiction between the state and tribes.(2) Agreements that prevent entry into foster care.(b) (1) There shall be no tribal share of costs for any agreement under subdivision (a).(2) An agreement under subdivision (a) concerning the provision of child welfare services shall ensure that a tribe, tribal organization, or tribal consortium meets current service delivery standards provided for under Chapter 5 (commencing with Section 16500) of Part 4.(3) An agreement under subdivision (a) concerning assistance payments under the AFDC-FC program shall ensure that a tribe, tribal organization, or tribal consortium meets current foster care standards provided for under Article 5 (commencing with Section 11400) of Chapter 2 of Part 3.(4) An agreement under subdivision (a) concerning adoption assistance shall ensure that a tribe, tribal organization, or tribal consortium meets the current service delivery standards provided for under Chapter 2.1 (commencing with Section 16115) of Part 4.(5) An agreement under subdivision (a) shall ensure that a tribe, tribal organization, or tribal consortium claims and uses all eligible federal funding available under Title IV-E of the federal Social Security Act.(6) Notwithstanding any other law, the nonfederal costs pursuant to an agreement under this section shall be borne by the state. However, in the event that an Indian child is transferred from the jurisdiction of the tribe to the jurisdiction of the county, the nonfederal costs for the child shall be borne by the county as for any other child under the countys jurisdiction.(7) Notwithstanding any other law, an agreement under subdivision (a) may be made for the sole purpose of the administration of prevention programs pursuant to Chapter 7 (commencing with Section 16585) of Part 4.(c) Upon the effective date of an agreement authorized by subdivision (a), the tribe, tribal organization, or tribal consortium shall comply with fiscal reporting requirements specified by the department for federal and state reimbursement of child welfare services funds or AFDC-FC services for programs operated under the agreement.(d) An Indian tribe, tribal organization, or tribal consortium, that is a party to an agreement under subdivision (a), shall, in accordance with the agreement, be eligible to receive allocations of child welfare services funds. funds, including, but not limited to, administrative funds to support the cost of legal representation for the agency, parent, guardian, and childrens advocates in cases under a tribes jurisdiction pursuant to the agreement.(e) An Indian tribe, tribal organization, or tribal consortium, that is a party to an agreement under subdivision (a), may, in accordance with the agreement, be eligible to receive an allocation of child welfare services funds to assist in funding the startup costs associated with establishing a comprehensive child welfare services program. The allocation shall be available for expenditure by the Indian tribe, tribal organization, or tribal consortium for three years of the agreement under subdivision (a). The department may extend the time for expenditure of the allocation upon a showing of good cause by the party seeking an extension. This subdivision shall be implemented only to the extent that funding is expressly provided in the annual Budget Act for these purposes.(f) Implementation of an agreement under subdivision (a) does not impose liability upon, or to require indemnification by, the participating county or the State of California for any act or omission performed by an officer, agent, or employee of the participating tribe, tribal organization, or tribal consortium, pursuant to this section.
10553.1. (a) Notwithstanding any other law, the department shall, upon an Indian tribes request, enter into an agreement, in accordance with Section 16000.6, and not inconsistent with Section 1919 of Title 25 of the United States Code, with any Indian tribe, tribal organization, or tribal consortium located in California or with lands that extend into this state regarding the care and custody of Indian children and jurisdiction over Indian child custody proceedings, including, but not limited to, agreements any of the following:(1) Agreements that provide for orderly adjudication of, and transfer of jurisdiction on a case-by-case basis for, cases subject to exclusive tribal or state jurisdiction, or for concurrent jurisdiction between the state and tribes.(2) Agreements that prevent entry into foster care.(b) (1) There shall be no tribal share of costs for any agreement under subdivision (a).(2) An agreement under subdivision (a) concerning the provision of child welfare services shall ensure that a tribe, tribal organization, or tribal consortium meets current service delivery standards provided for under Chapter 5 (commencing with Section 16500) of Part 4.(3) An agreement under subdivision (a) concerning assistance payments under the AFDC-FC program shall ensure that a tribe, tribal organization, or tribal consortium meets current foster care standards provided for under Article 5 (commencing with Section 11400) of Chapter 2 of Part 3.(4) An agreement under subdivision (a) concerning adoption assistance shall ensure that a tribe, tribal organization, or tribal consortium meets the current service delivery standards provided for under Chapter 2.1 (commencing with Section 16115) of Part 4.(5) An agreement under subdivision (a) shall ensure that a tribe, tribal organization, or tribal consortium claims and uses all eligible federal funding available under Title IV-E of the federal Social Security Act.(6) Notwithstanding any other law, the nonfederal costs pursuant to an agreement under this section shall be borne by the state. However, in the event that an Indian child is transferred from the jurisdiction of the tribe to the jurisdiction of the county, the nonfederal costs for the child shall be borne by the county as for any other child under the countys jurisdiction.(7) Notwithstanding any other law, an agreement under subdivision (a) may be made for the sole purpose of the administration of prevention programs pursuant to Chapter 7 (commencing with Section 16585) of Part 4.(c) Upon the effective date of an agreement authorized by subdivision (a), the tribe, tribal organization, or tribal consortium shall comply with fiscal reporting requirements specified by the department for federal and state reimbursement of child welfare services funds or AFDC-FC services for programs operated under the agreement.(d) An Indian tribe, tribal organization, or tribal consortium, that is a party to an agreement under subdivision (a), shall, in accordance with the agreement, be eligible to receive allocations of child welfare services funds. funds, including, but not limited to, administrative funds to support the cost of legal representation for the agency, parent, guardian, and childrens advocates in cases under a tribes jurisdiction pursuant to the agreement.(e) An Indian tribe, tribal organization, or tribal consortium, that is a party to an agreement under subdivision (a), may, in accordance with the agreement, be eligible to receive an allocation of child welfare services funds to assist in funding the startup costs associated with establishing a comprehensive child welfare services program. The allocation shall be available for expenditure by the Indian tribe, tribal organization, or tribal consortium for three years of the agreement under subdivision (a). The department may extend the time for expenditure of the allocation upon a showing of good cause by the party seeking an extension. This subdivision shall be implemented only to the extent that funding is expressly provided in the annual Budget Act for these purposes.(f) Implementation of an agreement under subdivision (a) does not impose liability upon, or to require indemnification by, the participating county or the State of California for any act or omission performed by an officer, agent, or employee of the participating tribe, tribal organization, or tribal consortium, pursuant to this section.
10553.1. (a) Notwithstanding any other law, the department shall, upon an Indian tribes request, enter into an agreement, in accordance with Section 16000.6, and not inconsistent with Section 1919 of Title 25 of the United States Code, with any Indian tribe, tribal organization, or tribal consortium located in California or with lands that extend into this state regarding the care and custody of Indian children and jurisdiction over Indian child custody proceedings, including, but not limited to, agreements any of the following:
(1) Agreements that provide for orderly adjudication of, and transfer of jurisdiction on a case-by-case basis for, cases subject to exclusive tribal or state jurisdiction, or for concurrent jurisdiction between the state and tribes.
(2) Agreements that prevent entry into foster care.
(b) (1) There shall be no tribal share of costs for any agreement under subdivision (a).
(2) An agreement under subdivision (a) concerning the provision of child welfare services shall ensure that a tribe, tribal organization, or tribal consortium meets current service delivery standards provided for under Chapter 5 (commencing with Section 16500) of Part 4.
(3) An agreement under subdivision (a) concerning assistance payments under the AFDC-FC program shall ensure that a tribe, tribal organization, or tribal consortium meets current foster care standards provided for under Article 5 (commencing with Section 11400) of Chapter 2 of Part 3.
(4) An agreement under subdivision (a) concerning adoption assistance shall ensure that a tribe, tribal organization, or tribal consortium meets the current service delivery standards provided for under Chapter 2.1 (commencing with Section 16115) of Part 4.
(5) An agreement under subdivision (a) shall ensure that a tribe, tribal organization, or tribal consortium claims and uses all eligible federal funding available under Title IV-E of the federal Social Security Act.
(6) Notwithstanding any other law, the nonfederal costs pursuant to an agreement under this section shall be borne by the state. However, in the event that an Indian child is transferred from the jurisdiction of the tribe to the jurisdiction of the county, the nonfederal costs for the child shall be borne by the county as for any other child under the countys jurisdiction.
(7) Notwithstanding any other law, an agreement under subdivision (a) may be made for the sole purpose of the administration of prevention programs pursuant to Chapter 7 (commencing with Section 16585) of Part 4.
(c) Upon the effective date of an agreement authorized by subdivision (a), the tribe, tribal organization, or tribal consortium shall comply with fiscal reporting requirements specified by the department for federal and state reimbursement of child welfare services funds or AFDC-FC services for programs operated under the agreement.
(d) An Indian tribe, tribal organization, or tribal consortium, that is a party to an agreement under subdivision (a), shall, in accordance with the agreement, be eligible to receive allocations of child welfare services funds. funds, including, but not limited to, administrative funds to support the cost of legal representation for the agency, parent, guardian, and childrens advocates in cases under a tribes jurisdiction pursuant to the agreement.
(e) An Indian tribe, tribal organization, or tribal consortium, that is a party to an agreement under subdivision (a), may, in accordance with the agreement, be eligible to receive an allocation of child welfare services funds to assist in funding the startup costs associated with establishing a comprehensive child welfare services program. The allocation shall be available for expenditure by the Indian tribe, tribal organization, or tribal consortium for three years of the agreement under subdivision (a). The department may extend the time for expenditure of the allocation upon a showing of good cause by the party seeking an extension. This subdivision shall be implemented only to the extent that funding is expressly provided in the annual Budget Act for these purposes.
(f) Implementation of an agreement under subdivision (a) does not impose liability upon, or to require indemnification by, the participating county or the State of California for any act or omission performed by an officer, agent, or employee of the participating tribe, tribal organization, or tribal consortium, pursuant to this section.