Existing law requires, upon an Indian tribe’s 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 include 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, subject to an appropriation for these purposes, require the department to provide funding to tribes, tribal organizations, or tribal consortiums to support the cost of independent legal representation provided by an attorney for a child and the child’s parent, guardian, and Indian custodian pursuant to an agreement under the above-described provisions. The bill would require the department, by March 31, 2026, and in consultation with Indian tribes, to develop a cost allocation plan to allow specified funds to support the costs of independent legal representation.