25 C.F.R. §§ 20.300–20.516

§20.300. Who qualifies for Direct Assistance under this subpart?

25 C.F.R. § 20.300

To be eligible for assistance or services under this part, an applicant must meet all of the following criteria:

(a)

Meet the definition of Indian as defined in this part;

(b)

Not have sufficient resources to meet the essential need items defined by the Bureau standard of assistance for those Bureau programs providing financial payment;

(c)

Reside in the service area as defined in § 20.100; and

(d)

Meet the additional eligibility criteria for each of the specific programs of financial assistance or social services in §§ 20.301 through 20.516.

Notes, amendments, and revision history

Amendments

[65 FR 63159, Oct. 20, 2000, as amended at 66 FR 15030, Mar. 15, 2001]

Authority

Authority: 25 U.S.C. 13; Pub. L. 93-638; Pub. L. 98-473; Pub. L. 102-477; Pub. L. 104-193; Pub. L. 105-83.

Source

Source: 65 FR 63159, Oct. 20, 2000, unless otherwise noted.

Amendments

[65 FR 63159, Oct. 20, 2000, as amended at 66 FR 15030, Mar. 15, 2001]

§20.301. What is the goal of General Assistance?

25 C.F.R. § 20.301

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.

Notes, amendments, and revision history

Authority

Authority: 25 U.S.C. 13; Pub. L. 93-638; Pub. L. 98-473; Pub. L. 102-477; Pub. L. 104-193; Pub. L. 105-83.

Source

Source: 65 FR 63159, Oct. 20, 2000, unless otherwise noted.

§20.302. Are Indian applicants required to seek assistance through Temporary Assistance for Needy Families?

25 C.F.R. § 20.302

Yes, all Indian applicants with dependent children are required to apply for Temporary Assistance for Needy Families (TANF) and follow TANF regulations.

Notes, amendments, and revision history

Authority

Authority: 25 U.S.C. 13; Pub. L. 93-638; Pub. L. 98-473; Pub. L. 102-477; Pub. L. 104-193; Pub. L. 105-83.

Source

Source: 65 FR 63159, Oct. 20, 2000, unless otherwise noted.

§20.303. When is an applicant eligible for General Assistance?

25 C.F.R. § 20.303

To be eligible for General Assistance an applicant must:

(a)

Meet the criteria contained in § 20.300;

(b)

Apply concurrently for financial assistance from other state, tribal, county, local, or other federal agency programs for which he/she is eligible;

(c)

Not receive any comparable public assistance; and

(d)

Develop and sign an employment strategy in the ISP with the assistance of the social services worker to meet the goal of employment through specific action steps including job readiness and job search activities.

Notes, amendments, and revision history

Authority

Authority: 25 U.S.C. 13; Pub. L. 93-638; Pub. L. 98-473; Pub. L. 102-477; Pub. L. 104-193; Pub. L. 105-83.

Source

Source: 65 FR 63159, Oct. 20, 2000, unless otherwise noted.

§20.304. When will the Bureau review eligibility for General Assistance?

25 C.F.R. § 20.304

The Bureau will review eligibility for General Assistance:

(a)

Every 3 months for individuals who are not exempt from seeking or accepting employment in accordance with § 20.315 or the ISP;

(b)

Every 6 months for all recipients; and

(c)

Whenever there is a change in status that can affect a recipient's eligibility or amount of assistance. Recipients must immediately inform the social services office of any such changes.

Notes, amendments, and revision history

Authority

Authority: 25 U.S.C. 13; Pub. L. 93-638; Pub. L. 98-473; Pub. L. 102-477; Pub. L. 104-193; Pub. L. 105-83.

Source

Source: 65 FR 63159, Oct. 20, 2000, unless otherwise noted.

§20.305. What is redetermination?

25 C.F.R. § 20.305

Redetermination is an evaluation by a social services worker to assess the need for continued financial assistance as outlined in § 20.304. It includes:

(a)

A home visit;

(b)

An estimate of income, living circumstances, household composition for the month(s) for which financial assistance is to be provided; and

(c)

Appropriate revisions to the case plan and the ISP.

Notes, amendments, and revision history

Authority

Authority: 25 U.S.C. 13; Pub. L. 93-638; Pub. L. 98-473; Pub. L. 102-477; Pub. L. 104-193; Pub. L. 105-83.

Source

Source: 65 FR 63159, Oct. 20, 2000, unless otherwise noted.

§20.306. What is the payment standard for General Assistance?

25 C.F.R. § 20.306

(a)

Under Public Law 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.

Notes, amendments, and revision history

Authority

Authority: 25 U.S.C. 13; Pub. L. 93-638; Pub. L. 98-473; Pub. L. 102-477; Pub. L. 104-193; Pub. L. 105-83.

Source

Source: 65 FR 63159, Oct. 20, 2000, unless otherwise noted.

§20.307. What resources does the Bureau consider when determining need?

25 C.F.R. § 20.307

When the Bureau determines General Assistance eligibility and payment levels, we consider income and other resources as specified in §§ 20.308 and 20.309.

(a)

All income, earned or unearned, must be calculated 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 § 20.309.

(b)

Resources are considered to be available when they are converted to cash.

Notes, amendments, and revision history

Authority

Authority: 25 U.S.C. 13; Pub. L. 93-638; Pub. L. 98-473; Pub. L. 102-477; Pub. L. 104-193; Pub. L. 105-83.

Source

Source: 65 FR 63159, Oct. 20, 2000, unless otherwise noted.

§20.308. What does earned income include?

25 C.F.R. § 20.308

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 includes:

(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, or professional artists producing art work); 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.

Notes, amendments, and revision history

Authority

Authority: 25 U.S.C. 13; Pub. L. 93-638; Pub. L. 98-473; Pub. L. 102-477; Pub. L. 104-193; Pub. L. 105-83.

Source

Source: 65 FR 63159, Oct. 20, 2000, unless otherwise noted.

§20.309. What does unearned income include?

25 C.F.R. § 20.309

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 benefits;

(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.

Notes, amendments, and revision history

Authority

Authority: 25 U.S.C. 13; Pub. L. 93-638; Pub. L. 98-473; Pub. L. 102-477; Pub. L. 104-193; Pub. L. 105-83.

Source

Source: 65 FR 63159, Oct. 20, 2000, unless otherwise noted.

§20.310. What recurring income must be prorated?

25 C.F.R. § 20.310

The social services worker will prorate the following recurring income:

(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.

Notes, amendments, and revision history

Authority

Authority: 25 U.S.C. 13; Pub. L. 93-638; Pub. L. 98-473; Pub. L. 102-477; Pub. L. 104-193; Pub. L. 105-83.

Source

Source: 65 FR 63159, Oct. 20, 2000, unless otherwise noted.

§20.311. What amounts will the Bureau deduct from earned income?

25 C.F.R. § 20.311

(a)

The social services worker will deduct the following amounts from 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 for children under the age of 6 except where the other parent in the home is unemployed and physically able to care for the children; 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.

Notes, amendments, and revision history

Authority

Authority: 25 U.S.C. 13; Pub. L. 93-638; Pub. L. 98-473; Pub. L. 102-477; Pub. L. 104-193; Pub. L. 105-83.

Source

Source: 65 FR 63159, Oct. 20, 2000, unless otherwise noted.

§20.312. What amounts will the Bureau deduct from income or other resources?

25 C.F.R. § 20.312

The social services worker will deduct 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.

Notes, amendments, and revision history

Authority

Authority: 25 U.S.C. 13; Pub. L. 93-638; Pub. L. 98-473; Pub. L. 102-477; Pub. L. 104-193; Pub. L. 105-83.

Source

Source: 65 FR 63159, Oct. 20, 2000, unless otherwise noted.

§20.313. How will the Bureau compute financial assistance payments?

25 C.F.R. § 20.313

(a)

The social services worker will compute financial assistance payments by beginning with the Bureau standard of assistance and doing the following:

(1)

Subtracting from all resources calculated under §§ 20.307 through 20.310;

(2)

Subtracting the rateable reduction or maximum payment level used by the state where the applicant lives;

(3)

Subtracting 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;

(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.

Notes, amendments, and revision history

Authority

Authority: 25 U.S.C. 13; Pub. L. 93-638; Pub. L. 98-473; Pub. L. 102-477; Pub. L. 104-193; Pub. L. 105-83.

Source

Source: 65 FR 63159, Oct. 20, 2000, unless otherwise noted.

§20.314. What is the policy on employment?

25 C.F.R. § 20.314

(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.

(c)

The policy in this section does not apply to any person meeting the criteria in § 20.315.

Notes, amendments, and revision history

Authority

Authority: 25 U.S.C. 13; Pub. L. 93-638; Pub. L. 98-473; Pub. L. 102-477; Pub. L. 104-193; Pub. L. 105-83.

Source

Source: 65 FR 63159, Oct. 20, 2000, unless otherwise noted.

§20.315. Who is not covered by the employment policy?

25 C.F.R. § 20.315

The employment policy in § 20.314 does not apply to the persons shown in the following table.

Notes, amendments, and revision history

Authority

Authority: 25 U.S.C. 13; Pub. L. 93-638; Pub. L. 98-473; Pub. L. 102-477; Pub. L. 104-193; Pub. L. 105-83.

Source

Source: 65 FR 63159, Oct. 20, 2000, unless otherwise noted.

§20.316. What must a person covered by the employment policy do?

25 C.F.R. § 20.316

(a)

If you are covered by the employment policy in § 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.

Notes, amendments, and revision history

Authority

Authority: 25 U.S.C. 13; Pub. L. 93-638; Pub. L. 98-473; Pub. L. 102-477; Pub. L. 104-193; Pub. L. 105-83.

Source

Source: 65 FR 63159, Oct. 20, 2000, unless otherwise noted.

§20.317. How will the ineligibility period be implemented?

25 C.F.R. § 20.317

(a)

If you refuse or quit a job, your ineligibility period will continue as provided in § 20.316(b) 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.

Notes, amendments, and revision history

Authority

Authority: 25 U.S.C. 13; Pub. L. 93-638; Pub. L. 98-473; Pub. L. 102-477; Pub. L. 104-193; Pub. L. 105-83.

Source

Source: 65 FR 63159, Oct. 20, 2000, unless otherwise noted.

§20.318. What case management responsibilities does the social services worker have?

25 C.F.R. § 20.318

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 recipient participation in work related training and other employment assistance programs; and

(f)

Document activities in the case file.

Notes, amendments, and revision history

Authority

Authority: 25 U.S.C. 13; Pub. L. 93-638; Pub. L. 98-473; Pub. L. 102-477; Pub. L. 104-193; Pub. L. 105-83.

Source

Source: 65 FR 63159, Oct. 20, 2000, unless otherwise noted.

§20.319. What responsibilities does the general assistance recipient have?

25 C.F.R. § 20.319

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.

Notes, amendments, and revision history

Authority

Authority: 25 U.S.C. 13; Pub. L. 93-638; Pub. L. 98-473; Pub. L. 102-477; Pub. L. 104-193; Pub. L. 105-83.

Source

Source: 65 FR 63159, Oct. 20, 2000, unless otherwise noted.

§20.320. What is TWEP?

25 C.F.R. § 20.320

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 Public Law 93-638 self-determination contracts, Public Law 102-477 grants, and Public Law 103-413 self-governance annual funding agreements at the request of the tribe.

Notes, amendments, and revision history

Authority

Authority: 25 U.S.C. 13; Pub. L. 93-638; Pub. L. 98-473; Pub. L. 102-477; Pub. L. 104-193; Pub. L. 105-83.

Source

Source: 65 FR 63159, Oct. 20, 2000, unless otherwise noted.

§20.321. Does TWEP allow an incentive payment?

25 C.F.R. § 20.321

Yes, incentive payments to participants are allowed under TWEP.

(a)

Incentive payments are separate. The Bureau will not consider incentive payments as wages or work related expenses, but as grant assistance payments under §§ 20.320 through 20.323.

(b)

The approved payment will not exceed the Bureau maximum TWEP payment standard established by the Assistant Secretary.

Notes, amendments, and revision history

Authority

Authority: 25 U.S.C. 13; Pub. L. 93-638; Pub. L. 98-473; Pub. L. 102-477; Pub. L. 104-193; Pub. L. 105-83.

Source

Source: 65 FR 63159, Oct. 20, 2000, unless otherwise noted.

§20.322. Who can receive a TWEP incentive payment?

25 C.F.R. § 20.322

(a)

The head of the family unit normally receives the TWEP assistance payment.

(b)

The social services worker can designate a spouse or other adult in the assistance group to receive the TWEP assistance payment. The social services worker will do this only if:

(1)

The recognized head of the family unit is certified as unemployable; and

(2)

The designation is consistent with the ISP.

(c)

Where there are multiple family units in one household, one member of each family unit will be eligible to receive the TWEP incentive payment.

Notes, amendments, and revision history

Authority

Authority: 25 U.S.C. 13; Pub. L. 93-638; Pub. L. 98-473; Pub. L. 102-477; Pub. L. 104-193; Pub. L. 105-83.

Source

Source: 65 FR 63159, Oct. 20, 2000, unless otherwise noted.

§20.323. Will the local TWEP be required to have written program procedures?

25 C.F.R. § 20.323

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.

Notes, amendments, and revision history

Authority

Authority: 25 U.S.C. 13; Pub. L. 93-638; Pub. L. 98-473; Pub. L. 102-477; Pub. L. 104-193; Pub. L. 105-83.

Source

Source: 65 FR 63159, Oct. 20, 2000, unless otherwise noted.

§20.324. When can the Bureau provide Burial Assistance?

25 C.F.R. § 20.324

In the absence of other resources, the Bureau can provide Burial Assistance for eligible indigent Indians meeting the requirements prescribed in § 20.300.

Notes, amendments, and revision history

Authority

Authority: 25 U.S.C. 13; Pub. L. 93-638; Pub. L. 98-473; Pub. L. 102-477; Pub. L. 104-193; Pub. L. 105-83.

Source

Source: 65 FR 63159, Oct. 20, 2000, unless otherwise noted.

§20.325. Who can apply for Burial Assistance?

25 C.F.R. § 20.325

If you are a relative of a deceased Indian, you can apply for burial assistance for the deceased Indian under this section.

(a)

To apply for burial assistance under this section, you must submit the application to the social services worker. You must submit this application within 180 days following death.

(b)

The Bureau will determine eligibility based on the income and resources available to the deceased in accordance with § 20.100. 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.

(c)

The Bureau will not approve an application unless it meets the criteria specified at § 20.300.

(d)

The approved payment will not exceed the Bureau maximum burial payment standard established by the Assistant Secretary.

Notes, amendments, and revision history

Amendments

[65 FR 63159, Oct. 20, 2000, as amended at 81 FR 10477, Mar. 1, 2016]

Authority

Authority: 25 U.S.C. 13; Pub. L. 93-638; Pub. L. 98-473; Pub. L. 102-477; Pub. L. 104-193; Pub. L. 105-83.

Source

Source: 65 FR 63159, Oct. 20, 2000, unless otherwise noted.

Amendments

[65 FR 63159, Oct. 20, 2000, as amended at 81 FR 10477, Mar. 1, 2016]

§20.326. Does Burial Assistance cover transportation costs?

25 C.F.R. § 20.326

Transportation costs directly associated with burials are normally a part of the established burial rate. If a provider adds an additional transportation charge to the burial rate because of extenuating circumstances, the social services worker can pay the added charge. To do this, the social services worker must ensure and document in the case plan that:

(a)

The charges are reasonable and equitable;

(b)

The deceased was an eligible indigent Indian who was socially, culturally, and economically affiliated with his or her tribe; and

(c)

The deceased resided in the service area for at least the last 6 consecutive months of his/her life.

Notes, amendments, and revision history

Authority

Authority: 25 U.S.C. 13; Pub. L. 93-638; Pub. L. 98-473; Pub. L. 102-477; Pub. L. 104-193; Pub. L. 105-83.

Source

Source: 65 FR 63159, Oct. 20, 2000, unless otherwise noted.

§20.327. When can the Bureau provide Disaster Assistance?

25 C.F.R. § 20.327

Disaster assistance is immediate and/or short-term relief from a disaster and can be provided to a tribal community in accordance with § 20.328.

Notes, amendments, and revision history

Authority

Authority: 25 U.S.C. 13; Pub. L. 93-638; Pub. L. 98-473; Pub. L. 102-477; Pub. L. 104-193; Pub. L. 105-83.

Source

Source: 65 FR 63159, Oct. 20, 2000, unless otherwise noted.

§20.328. How can a tribe apply for Disaster Assistance?

25 C.F.R. § 20.328

(a)

The tribe affected by the disaster is considered the applicant and must submit the following to the Regional Director through the local Superintendent:

(1)

A tribal resolution requesting disaster assistance;

(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 Regional Director must forward the above tribal documents and his/her recommendation to the Assistant Secretary for final decision on whether disaster assistance will be provided and to what extent.

Notes, amendments, and revision history

Authority

Authority: 25 U.S.C. 13; Pub. L. 93-638; Pub. L. 98-473; Pub. L. 102-477; Pub. L. 104-193; Pub. L. 105-83.

Source

Source: 65 FR 63159, Oct. 20, 2000, unless otherwise noted.

§20.329. When can the Bureau provide Emergency Assistance payments?

25 C.F.R. § 20.329

Emergency Assistance payments can be provided to individuals or families who suffer from a burnout, flood, or other destruction of their home and loss or damage to personal possessions. The Bureau will make payments only for essential needs and other non-medical necessities.

Notes, amendments, and revision history

Authority

Authority: 25 U.S.C. 13; Pub. L. 93-638; Pub. L. 98-473; Pub. L. 102-477; Pub. L. 104-193; Pub. L. 105-83.

Source

Source: 65 FR 63159, Oct. 20, 2000, unless otherwise noted.

§20.330. What is the payment standard for Emergency Assistance?

25 C.F.R. § 20.330

The approved payment will not exceed the Bureau's maximum Emergency Assistance payment standard established by the Assistant Secretary.

Notes, amendments, and revision history

Authority

Authority: 25 U.S.C. 13; Pub. L. 93-638; Pub. L. 98-473; Pub. L. 102-477; Pub. L. 104-193; Pub. L. 105-83.

Source

Source: 65 FR 63159, Oct. 20, 2000, unless otherwise noted.

§20.331. What is Adult Care Assistance?

25 C.F.R. § 20.331

Adult care assistance provides non-medical care for eligible adult Indians who:

(a)

Have needs that require personal care and supervision due to advanced age, infirmity, physical condition, or mental impairments; and

(b)

Cannot be cared for in their own home by family members.

Notes, amendments, and revision history

Authority

Authority: 25 U.S.C. 13; Pub. L. 93-638; Pub. L. 98-473; Pub. L. 102-477; Pub. L. 104-193; Pub. L. 105-83.

Source

Source: 65 FR 63159, Oct. 20, 2000, unless otherwise noted.

§20.332. Who can receive Adult Care Assistance?

25 C.F.R. § 20.332

An adult Indian is eligible to receive adult care assistance under this part if he/she:

(a)

Is unable to meet his/her basic needs, including non-medical care and/or protection, with his/her own resources; and

(b)

Does not require intermediate or skilled nursing care.

Notes, amendments, and revision history

Authority

Authority: 25 U.S.C. 13; Pub. L. 93-638; Pub. L. 98-473; Pub. L. 102-477; Pub. L. 104-193; Pub. L. 105-83.

Source

Source: 65 FR 63159, Oct. 20, 2000, unless otherwise noted.

§20.333. How do I apply for Adult Care Assistance?

25 C.F.R. § 20.333

To apply for adult care assistance, you or someone acting on your behalf must submit an application form to the social services worker.

Notes, amendments, and revision history

Authority

Authority: 25 U.S.C. 13; Pub. L. 93-638; Pub. L. 98-473; Pub. L. 102-477; Pub. L. 104-193; Pub. L. 105-83.

Source

Source: 65 FR 63159, Oct. 20, 2000, unless otherwise noted.

§20.334. What happens after I apply?

25 C.F.R. § 20.334

(a)

The Bureau will determine eligibility based upon the income and available resources of the person named in the application.

(b)

Upon approval by the Bureau Line Officer, payments will be approved under purchase of service agreements for adult care provided in state or tribally licensed or certified group settings, or by individual service providers licensed or certified for homemaker service.

Notes, amendments, and revision history

Amendments

[65 FR 63159, Oct. 20, 2000; 65 FR 76563, Dec. 7, 2000]

Authority

Authority: 25 U.S.C. 13; Pub. L. 93-638; Pub. L. 98-473; Pub. L. 102-477; Pub. L. 104-193; Pub. L. 105-83.

Source

Source: 65 FR 63159, Oct. 20, 2000, unless otherwise noted.

Amendments

[65 FR 63159, Oct. 20, 2000; 65 FR 76563, Dec. 7, 2000]

§20.335. What is the payment standard for Adult Care Assistance?

25 C.F.R. § 20.335

The approved payment for adult care assistance will not exceed the applicable state payment rate for similar care.

Notes, amendments, and revision history

Amendments

[65 FR 63159, Oct. 20, 2000; 65 FR 76563, Dec. 7, 2000]

Authority

Authority: 25 U.S.C. 13; Pub. L. 93-638; Pub. L. 98-473; Pub. L. 102-477; Pub. L. 104-193; Pub. L. 105-83.

Source

Source: 65 FR 63159, Oct. 20, 2000, unless otherwise noted.

Amendments

[65 FR 63159, Oct. 20, 2000; 65 FR 76563, Dec. 7, 2000]

§20.400. Who should receive Services to Children, Elderly, and Families?

25 C.F.R. § 20.400

Services to Children, Elderly, and Families will be provided for Indians meeting the requirements prescribed in § 20.300 who request these services or on whose behalf these services are requested.

Notes, amendments, and revision history

Authority

Authority: 25 U.S.C. 13; Pub. L. 93-638; Pub. L. 98-473; Pub. L. 102-477; Pub. L. 104-193; Pub. L. 105-83.

Source

Source: 65 FR 63159, Oct. 20, 2000, unless otherwise noted.

§20.401. What is included under Services to Children, Elderly, and Families?

25 C.F.R. § 20.401

Services to Children, Elderly, and Families include, but are not limited to, the following:

(a)

Assistance in solving problems related to family functioning and interpersonal relationships;

(b)

Referral to the appropriate resource for problems related to illness, physical or mental handicaps, drug abuse, alcoholism, and violation of the law; and

(c)

Protective services. In addition, economic opportunity and money management may also be provided.

Notes, amendments, and revision history

Authority

Authority: 25 U.S.C. 13; Pub. L. 93-638; Pub. L. 98-473; Pub. L. 102-477; Pub. L. 104-193; Pub. L. 105-83.

Source

Source: 65 FR 63159, Oct. 20, 2000, unless otherwise noted.

§20.402. When are protective services provided?

25 C.F.R. § 20.402

Protective services are provided when children or adults:

(a)

Are deprived temporarily or permanently of needed supervision by responsible adults;

(b)

Are neglected, abused or exploited;

(c)

Need services when they are mentally or physically handicapped or otherwise disabled; or

(d)

Are under the supervision of the Bureau in regard to the use and disbursement of funds in the child's or adult's Individual Indian Money (IIM) account. Those IIM accounts that are established for children will be supervised by the Bureau until the child becomes an adult as defined in 25 CFR 115.

Notes, amendments, and revision history

Authority

Authority: 25 U.S.C. 13; Pub. L. 93-638; Pub. L. 98-473; Pub. L. 102-477; Pub. L. 104-193; Pub. L. 105-83.

Source

Source: 65 FR 63159, Oct. 20, 2000, unless otherwise noted.

§20.403. What do protective services include?

25 C.F.R. § 20.403

Protective services provided to a child, family or elderly person will be documented in the case files and:

(a)

Can include, but are not limited to, any of the following—

(1)

Providing responses to requests from members of the community on behalf of children or adults alleged to need protective services;

(2)

Providing services to children, elderly, and families, including referrals for homemaker and day care services for the elderly and children;

(3)

Coordinating with Indian courts to provide services, which may include, but are not limited to, the following:

(i)

Investigating and reporting on allegations of child abuse and neglect, abandonment, and conditions that may require referrals (such as mental or physical handicaps);

(ii)

Providing social information related to the disposition of a case, including recommendation of alternative resources for treatment; and

(iii)

Providing placement services by the court order before and after adjudication.

(4)

Coordinating with other community services, including groups, agencies, and facilities in the community. Coordination can include, but are not limited to:

(i)

Evaluating social conditions that affect community well-being;

(ii)

Treating conditions identified under paragraph (b)(1) of this section that are within the competence of social services workers; and

(iii)

Working with other community agencies to identify and help clients to use services available for assistance in solving the social problems of individuals, families, and children.

(5)

Coordinating with law enforcement and tribal courts, to place the victim of an alleged and/or substantiated incident of abuse, neglect or exploitation out of the home to assure safety while the allegations are being investigated. Social services workers may remove individuals in life threatening situations. After a social services assessment, the individual must be either returned to the parent(s) or to the home from which they were removed or the social services worker must initiate other actions as provided by the tribal code; and

(6)

Providing social services in the home, coordinating and making referrals to other programs/services, including Child Protection, and/or establishing Multi-Disciplinary Teams.

(b)

Must include, where the service population includes IIM account holders—

(1)

Conducting, upon the request of an account holder or other interested party, a social services assessment to evaluate an adult account holder's circumstances and abilities and the extent to which the account holder needs assistance in managing his or her financial affairs; and

(2)

Managing supervised IIM accounts of children and adults (in conjunction with legal guardians), which includes, but is not limited to, the following:

(i)

Evaluating the needs of the account holder;

(ii)

Developing, as necessary and as permitted under 25 CFR 115, a one-time or an annual distribution plan for funds held in an IIM account along with any amendments to the plan for approval by the Bureau;

(iii)

Monitoring the implementation of the approved distribution plan to ensure that the funds are expended in accordance with the distribution plan;

(iv)

Reviewing the supervised account every 6 months or more often as necessary if conditions have changed to warrant a recommendation to change the status of the account holder, or to modify the distribution plan;

(v)

Reviewing receipts for an account holder's expenses and verifying that expenditures of funds from a supervised IIM account were made in accordance with the distribution plan approved by the Bureau, including any amendments made to the plan; and

(vi)

Petitioning a court of competent jurisdiction for the appointment of, or change in, a legal guardian for a client, where appropriate.

Notes, amendments, and revision history

Amendments

[65 FR 63159, Oct. 20, 2000; 65 FR 76563, Dec. 7, 2000]

Authority

Authority: 25 U.S.C. 13; Pub. L. 93-638; Pub. L. 98-473; Pub. L. 102-477; Pub. L. 104-193; Pub. L. 105-83.

Source

Source: 65 FR 63159, Oct. 20, 2000, unless otherwise noted.

Amendments

[65 FR 63159, Oct. 20, 2000; 65 FR 76563, Dec. 7, 2000]

§20.404. What information is contained in a social services assessment?

25 C.F.R. § 20.404

A social services assessment must contain, but is not limited to, the following:

(a)

Identifying information about the client (for example, name, address, age, gender, social security number, telephone number, certificate of Indian blood, education level), family history and medical history of the account holder;

(b)

Description of the household composition— information on each member of the household (e.g., name, age, and gender) and that person's relationship to the client;

(c)

The client's current resources and future income (e.g., VA benefits, retirement pensions, trust assets, employment income, judgment funds, general assistance benefits, unemployment benefits, social security income, supplemental security income and other governmental agency benefits);

(d)

A discussion of the circumstances which justify special services, including ability of the client to handle his or her financial affairs and to conduct day-to-day living activities. Factors to be considered should include, but are not limited to:

(1)

Age;

(2)

Developmental disability;

(3)

Chronic alcoholism or substance abuse;

(4)

Lack of family assistance or social support systems, or abandonment;

(5)

Self-neglect;

(6)

Financial exploitation or abuse;

(7)

Physical exploitation, neglect or abuse;

(8)

Senility; and

(9)

Dementia.

(e)

Documentation supporting the need for assistance (e.g., medical reports, police reports, court orders, letters from interested parties, prior assessments or evaluations, diagnosis by psychologist/psychiatrist); and

(f)

Summary of findings and proposed services to meet the identified needs of the client.

Notes, amendments, and revision history

Authority

Authority: 25 U.S.C. 13; Pub. L. 93-638; Pub. L. 98-473; Pub. L. 102-477; Pub. L. 104-193; Pub. L. 105-83.

Source

Source: 65 FR 63159, Oct. 20, 2000, unless otherwise noted.

§20.500. Who is eligible for Child Assistance?

25 C.F.R. § 20.500

A child is eligible for Child Assistance under this subpart if all of the following criteria are met:

(a)

The child must meet the requirements in § 20.300.

(b)

The child's legally responsible parent, custodian/guardian, or Indian court having jurisdiction must—

(1)

Request assistance under this part in writing;

(2)

State that 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; and

(3)

Provide a documented social services assessment from the social services worker of whether parent(s), custodian, guardian(s) are able to care for their child.

(c)

All income accruing to the child, except income exempted by federal statute, must be used to meet the cost of special needs, foster home or residential care facility as authorized and arranged by social services.

Notes, amendments, and revision history

Authority

Authority: 25 U.S.C. 13; Pub. L. 93-638; Pub. L. 98-473; Pub. L. 102-477; Pub. L. 104-193; Pub. L. 105-83.

Source

Source: 65 FR 63159, Oct. 20, 2000, unless otherwise noted.

§20.501. What services can be paid for with Child Assistance funds?

25 C.F.R. § 20.501

The social services program can use Child Assistance funds to pay for services as shown in the following table.

Notes, amendments, and revision history

Authority

Authority: 25 U.S.C. 13; Pub. L. 93-638; Pub. L. 98-473; Pub. L. 102-477; Pub. L. 104-193; Pub. L. 105-83.

Source

Source: 65 FR 63159, Oct. 20, 2000, unless otherwise noted.

§20.502. Can Child Assistance funds be used to place Indian children in residential care facilities?

25 C.F.R. § 20.502

You, the social service program, can use Child Assistance funds to purchase or contract for room and board in licensed residential care facilities.

(a)

You can use Child Assistance funds to pay only for room and board. You must pay for other services that may be needed, including mental health, education, and physical therapy from other sources.

(b)

Before placement the various funding sources must sign an agreement that specifies the services each source will pay. The Bureau Line Officer must approve this agreement.

Notes, amendments, and revision history

Authority

Authority: 25 U.S.C. 13; Pub. L. 93-638; Pub. L. 98-473; Pub. L. 102-477; Pub. L. 104-193; Pub. L. 105-83.

Source

Source: 65 FR 63159, Oct. 20, 2000, unless otherwise noted.

§20.503. When can Child Assistance funds be used for Indian adoption or guardianship subsidies?

25 C.F.R. § 20.503

You, the social services program, can use Child Assistance funds to provide either adoption or guardianship subsidies if all of the following are true:

(a)

The child is 17 or younger;

(b)

The child has been in foster care prior to approval of the subsidy;

(c)

The social services worker has considered all other available resources, attempted permanency planning, and documented in the case file that placement was in the best interest of the child; and

(d)

The Bureau Line Officer approves the subsidy before it is authorized and redetermines eligibility on a yearly basis.

Notes, amendments, and revision history

Authority

Authority: 25 U.S.C. 13; Pub. L. 93-638; Pub. L. 98-473; Pub. L. 102-477; Pub. L. 104-193; Pub. L. 105-83.

Source

Source: 65 FR 63159, Oct. 20, 2000, unless otherwise noted.

§20.504. What short-term homemaker services can Child Assistance pay for?

25 C.F.R. § 20.504

You, the social services program, can use Child Assistance funds to pay for homemaker services as specified in § 20.501 and this section. While housekeeping services are covered, homemaker services must focus on training household members in such skills as child care and home management. Homemaker services are provided for:

(a)

A child who would otherwise need foster care placement or who would benefit from supportive (protective) supervision;

(b)

A severely handicapped or special needs child whose care places undue stress on the family; or

(c)

A child whose care would benefit from specialized training and supportive services provided to family members.

Notes, amendments, and revision history

Authority

Authority: 25 U.S.C. 13; Pub. L. 93-638; Pub. L. 98-473; Pub. L. 102-477; Pub. L. 104-193; Pub. L. 105-83.

Source

Source: 65 FR 63159, Oct. 20, 2000, unless otherwise noted.

§20.505. What services are provided jointly with the Child Assistance Program?

25 C.F.R. § 20.505

The services listed in this section are provided by Services to Children, Elderly, and Families under this subpart 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. These supportive services can include:

(1)

Social work case management;

(2)

Counseling for parents and children;

(3)

Group work, day care; and

(4)

Homemaker services, when necessary.

(b)

Protection of Indian children from abuse, neglect or exploitation in coordination with law enforcement and courts.

(c)

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, when temporary placement outside the home is necessary. 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.

Notes, amendments, and revision history

Authority

Authority: 25 U.S.C. 13; Pub. L. 93-638; Pub. L. 98-473; Pub. L. 102-477; Pub. L. 104-193; Pub. L. 105-83.

Source

Source: 65 FR 63159, Oct. 20, 2000, unless otherwise noted.

§20.506. What information is required in the foster care case file?

25 C.F.R. § 20.506

At a minimum the following information is required:

(a)

Tribal enrollment verification in accordance with § 20.100;

(b)

A written case plan (established within 30 days of placement), which would include a permanency plan detailing the need for and expected length of placement;

(c)

Information on each child's health status and school records, including medications and immunization records;

(d)

Parental consent(s) 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 each child;

(h)

A copy of the social security card, birth certificate, Medicaid card and current court order;

(i)

For a placement beyond 30 days, copy of the action taken or authorized by a court of competent jurisdiction that documents the need for protection of the child;

(j)

For an involuntary placement, a social services assessment completed by a social services worker within 30 days of placement;

(k)

Documentation of a minimum of one visit to the placement setting per month by the social services worker with each child; and

(l)

A list of all prior placements, including the names of the foster parents and dates of placements.

Notes, amendments, and revision history

Authority

Authority: 25 U.S.C. 13; Pub. L. 93-638; Pub. L. 98-473; Pub. L. 102-477; Pub. L. 104-193; Pub. L. 105-83.

Source

Source: 65 FR 63159, Oct. 20, 2000, unless otherwise noted.

§20.507. What requirements must foster care providers meet?

25 C.F.R. § 20.507

If a child needs foster care, the social services worker must select care that meets the physical, behavioral, and emotional needs of the child. Foster care is intended to be short-term. The case plan must show that all of the requirements in paragraphs (a) through (c) of this section are met:

(a)

All foster homes must be certified or licensed by the tribe or other appropriate authority. Foster care placements beyond 30 days must be made through a court of competent jurisdiction to ensure that:

(1)

Federal background checks are completed prior to placement as required by Public Law 101-630; and

(2)

Training (optional for placements with relatives) is provided to the foster family.

(b)

If the child is placed with relatives in an adoption and guardian placement, the case file must contain an approved current home study.

(c)

An off-reservation foster home, or residential care facility under contract must meet the licensing standards of the state in which it is located or tribally established certifying/licensing standards.

Notes, amendments, and revision history

Authority

Authority: 25 U.S.C. 13; Pub. L. 93-638; Pub. L. 98-473; Pub. L. 102-477; Pub. L. 104-193; Pub. L. 105-83.

Source

Source: 65 FR 63159, Oct. 20, 2000, unless otherwise noted.

§20.508. What must the social services agency do when a child is placed in foster care, residential care or guardianship home?

25 C.F.R. § 20.508

The social services agency must make efforts to secure child support for the child in foster care or residential care through a court of competent jurisdiction.

Notes, amendments, and revision history

Authority

Authority: 25 U.S.C. 13; Pub. L. 93-638; Pub. L. 98-473; Pub. L. 102-477; Pub. L. 104-193; Pub. L. 105-83.

Source

Source: 65 FR 63159, Oct. 20, 2000, unless otherwise noted.

§20.509. What must the social services worker do when a child is placed in foster care or residential care facility?

25 C.F.R. § 20.509

When a child is placed in foster care or a residential care facility the social services worker must do all of the following:

(a)

Discuss with foster parents or caretakers, the child's special needs, including disabilities;

(b)

Provide counseling or referral to available resources;

(c)

Refer any child requiring medical, substance abuse, or behavioral (mental) health services to an appropriate health services to be assessed and to receive services;

(d)

Ensure that the case plan provides for all necessary costs of care (including clothing, incidentals, and personal allowance) in accordance with established state standards of payments;

(e)

Develop a foster family agreement signed and dated by the parties involved that specifies the roles and responsibilities of the biological parents, foster parents, and placing agency; the terms of payment of care; and the need for adherence to the established case plan;

(f)

Immediately report any occurrences of suspected child abuse or neglect in a foster home or residential care facility to law enforcement and protective services in accordance with tribal standards and reporting requirements under Public Law 101-630; and

(g)

Complete a yearly assessment of each tribal or state licensed foster home or residential care facility evaluating how the home has fulfilled its function relative to the needs of the child placed in the home.

Notes, amendments, and revision history

Authority

Authority: 25 U.S.C. 13; Pub. L. 93-638; Pub. L. 98-473; Pub. L. 102-477; Pub. L. 104-193; Pub. L. 105-83.

Source

Source: 65 FR 63159, Oct. 20, 2000, unless otherwise noted.

§20.510. How is the court involved in child placements?

25 C.F.R. § 20.510

The court retains custody of a child in placement and the care and supervision must be given to the appropriate social services agency. While 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 6 months and a permanency hearing held within 12 months after a child enters foster care or residential 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.

Notes, amendments, and revision history

Authority

Authority: 25 U.S.C. 13; Pub. L. 93-638; Pub. L. 98-473; Pub. L. 102-477; Pub. L. 104-193; Pub. L. 105-83.

Source

Source: 65 FR 63159, Oct. 20, 2000, unless otherwise noted.

§20.511. Should permanency plans be developed?

25 C.F.R. § 20.511

Permanency planning must be developed for all child placements within 6 months after initial placement of the child. Every reasonable effort will be made to preserve the family and/or reunify the children with the family and relatives when developing permanency plans. However, the child's health and safety are the paramount concern.

Notes, amendments, and revision history

Authority

Authority: 25 U.S.C. 13; Pub. L. 93-638; Pub. L. 98-473; Pub. L. 102-477; Pub. L. 104-193; Pub. L. 105-83.

Source

Source: 65 FR 63159, Oct. 20, 2000, unless otherwise noted.

§20.512. Can the Bureau/tribal contractors make Indian adoptive placements?

25 C.F.R. § 20.512

The Bureau is not an authorized adoption agency and staff must not arrange adoptive placements. However, long-term permanency planning can involve the Bureau social services workers cooperating with tribal courts to provide an adoption subsidy. Tribal contractors will provide adoption services as authorized by the tribal courts in accordance with tribal codes/law.

Notes, amendments, and revision history

Authority

Authority: 25 U.S.C. 13; Pub. L. 93-638; Pub. L. 98-473; Pub. L. 102-477; Pub. L. 104-193; Pub. L. 105-83.

Source

Source: 65 FR 63159, Oct. 20, 2000, unless otherwise noted.

§20.513. Should Interstate Compacts be used for the placement of children?

25 C.F.R. § 20.513

Interstate compact agreements should be used when appropriate for foster care, adoption and guardianship to protect the best interests of the child and to assure the availability of the funding resources and services from the originating placement source.

Notes, amendments, and revision history

Authority

Authority: 25 U.S.C. 13; Pub. L. 93-638; Pub. L. 98-473; Pub. L. 102-477; Pub. L. 104-193; Pub. L. 105-83.

Source

Source: 65 FR 63159, Oct. 20, 2000, unless otherwise noted.

§20.514. What assistance can the courts request from social services on behalf of children?

25 C.F.R. § 20.514

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; and

(c)

Provision of court-related services following adjudication, such as monitoring, foster care, or residential care, or pre/post placement services.

Notes, amendments, and revision history

Authority

Authority: 25 U.S.C. 13; Pub. L. 93-638; Pub. L. 98-473; Pub. L. 102-477; Pub. L. 104-193; Pub. L. 105-83.

Source

Source: 65 FR 63159, Oct. 20, 2000, unless otherwise noted.

§20.515. What is required for case management?

25 C.F.R. § 20.515

Social services workers must 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.

Notes, amendments, and revision history

Authority

Authority: 25 U.S.C. 13; Pub. L. 93-638; Pub. L. 98-473; Pub. L. 102-477; Pub. L. 104-193; Pub. L. 105-83.

Source

Source: 65 FR 63159, Oct. 20, 2000, unless otherwise noted.

§20.516. How are child abuse, neglect or exploitation cases to be handled?

25 C.F.R. § 20.516

Reported child abuse, neglect or exploitation cases and the requirement for background clearances will be handled in accordance with the Indian Child Protection and Family Violence Prevention Act of 1990, Public Law 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. This includes developing and maintaining Child Protection Teams in accordance to Public Law 101-630 and collection of child abuse, neglect and exploitation data according to Public Law 99-570. Those cases referred by the state will be handled according to the Indian Child Welfare Act, Public Law 95-608, and 25 CFR part 23.

Notes, amendments, and revision history

Authority

Authority: 25 U.S.C. 13; Pub. L. 93-638; Pub. L. 98-473; Pub. L. 102-477; Pub. L. 104-193; Pub. L. 105-83.

Source

Source: 65 FR 63159, Oct. 20, 2000, unless otherwise noted.