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Our firm represented a tribe in a land claim case in which we persuaded the federal government to intervene on behalf of the tribe. Canadian St. Regis Band of Mohawk Indians v. State of N.Y., Nos. 82-CV-783, 82-CV-1114, 89-CV-829 (N.D.N.Y.)

General Memorandum 12-011

General Memorandum 12-011
Administration for Children and Families Tribal Consultations

The Administration for Children and Families (ACF), an agency in the Department of Health and Human Services (HHS), has recently posted notices regarding two upcoming consultations with tribes.

Consultation on Title IV-E (Foster Care and Adoption Assistance) Statewide Automated Child Welfare Information Systems (SACWIS). Under current law state Title IV-E programs are not required to have a statewide automated child welfare information system (SACWIS), but the ACF will fund part of the cost if the state develops such a system. These systems are designed to track and manage child protection, foster care and adoption assistance activities. SACWIS regulations were implemented in 1993, long before the Title IV-E statute was changed to authorize tribes to directly administer this program. As ACF explains in the attached January 5, 2012, FEDERAL REGISTER notice, the regulations do not reflect the current day status of tribes with regard to the IV-E program, are "state-centric" and may not meet tribal needs.

The ACF will hold two teleconferences to provide information on the SACWIS regulations and to consult with tribes about changes that may be needed to incentivize the development of tribal systems. The attached notice provides call-in information. The teleconference times are:
• February 15, from 1-3 p.m. EST – this teleconference is for tribal leaders
• February 16, from 1-3 p.m. EST – this teleconference is for tribal representatives

Written comments are due April 6, 2012.

Consultation on Administration for Children and Families Programs and Tribal Priorities. The ACF published the attached January 19, 2012, FEDERAL REGISTER notice regarding its upcoming tribal consultation session in March.

The consultation session will be held March 5-6, 2012, at the Renaissance Hotel in Washington, DC. On the morning of March 5 there will be a training and information session about ACF programs and its Integration and Interoperability Initiative. Written testimony is to be submitted to Administration for Native Americans Commissioner Lillian Sparks by February 24, 2012. The attached notice contains additional information on submitting testimony and testifying in person.

A number of programs of importance to tribes are under the Administration for Children and Families: Temporary Assistance for Needy Families; Child Care and Development Block Grant; Child Support Enforcement; Head Start; Foster Care and Adoption Assistance; Promoting Safe and Stable Families; Child Welfare Services; Administration for Native Americans; and Low Income Energy Assistance.

HHS Tribal Budget Consultation. We will report in a separate memorandum on the HHS tribal budget consultation session scheduled for March 8-9, 2012, in Washington, DC. HHS has designated March 7 as "resource day" and will provide an overview of its programs and other resources available to tribes.

Please let us know if we may provide additional information or assistance regarding the Administration for Children and Families tribal consultations.

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Inquires may be directed to:
Karen Funk (kfunk@hobbsstraus.com)

Available Documents for Download ( any referenced attachments are included in download )


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