04/25/03

TRIBAL Temporary Assistance for Needy Families

In 1996, Congress enacted the Personal Responsibility and Work
Opportunity Reconciliation Act (PRWORA) which replaced the Aid to
Families with Dependent Children, commonly referred to as welfare, with
the Temporary Assistance for Needy Families (TANF) program.

The purpose of TANF as defined in PRWORA is:

"...to increase the flexibility of States in operating a program
designed to --

1\) provide assistance to needy families so that children may be cared
for in their own homes or in the homes of relatives;

> 2\) end the dependence of needy parents on government benefits by
> promoting job preparation, work, and marriage;
>
> 3\) prevent or reduce the incidence of out-of-wedlock pregnancies and
> establish annual numerical goals for preventing and reducing the
> incidence of these pregnancies; and
>
> 4\) encourage the formation and maintenance of two-parent families."

Under Temporary Assistance for Needy Families (TANF), Indian Tribes have
the option to operate their own TANF programs and serve Tribal members
who would otherwise be served by the State in which they live. Section
412(a)(1) of the Social Security Act, as amended by the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA),
authorizes the Tribal TANF program for Fiscal Years 1997 through 2002.
By law, eligibility to administer Tribal TANF programs is limited to
federally-recognized Tribes in the lower 48 States and 13 specified
Tribal entities in Alaska (12 Alaska Native regional nonprofit
associations and the Metlakatla Indian Community).

\< Note: TANF is up for reauthorization during the current session of
Congress.\>

Each eligible Tribe that wants to administer its own TANF program must
submit a Tribal TANF Family Assistance Plan (TFAP) to the Department of
Health and Human Services (HHS) for review and approval. Although no
specific format is required, a TFAP must contain elements specified in
the law and regulations, such as how Tribes will promote work, stability
and health of families, work activities and support services, time
limited assistance, sanctions for non-compliance with work requirements,
and personal responsibility.

Tribes administering their own TANF program have great flexibility in
program design and implementation. They can define such elements of
their programs as the service area, service population (e.g., all Indian
families in the service area or only enrolled members of the Tribe),
time limits, benefits and services, the definition of "family,"
eligibility criteria, and work and work activities. Tribes have the
ability to establish, through negotiation with HHS, program work
participation rates and work hours required of participants. Also, they
can establish what benefits and services will be available and develop
their own strategies for achieving program goals, including how to help
recipients move off welfare and become self-sufficient.

An important factor in successful administration of Tribal programs has
been communication, collaboration, and coordination with States and
locally administered programs. In addition to their collaboration and
coordination with States on TANF, Tribes can enter into partnerships
with States and local governments to ensure that Tribal families
continue to receive the support services necessary to become
self-sufficient, such as food stamps and Medicaid. New relationships are
being forged and existing ones are being strengthened. Research
conducted by the Washington University School of Social Work and funded
by HHS found that TANF has "strengthened coordination, communication,
and collaboration at all levels -- among tribal social service
providers, between tribes and states, and tribes and the federal
government ... around TANF implementation on reservations."

There are currently **39** **approved Tribal TANF plans/programs** ( 33
tribes, 3 Alaska Native regional nonprofit associations and 3
inter-tribal consortium) affecting **179** **tribes and Alaska Native
villages**.

In addition to serving their on or near reservation service populations,
several of the California programs are also serving substantial
non-reservation Indian populations in adjacent areas, i.e.: the Torres
Martinez TANF Consortium is serving the non-reservation Indian
population of Los Angeles County and certain towns in Riverside County;
the Owens Valley Career Development Center Program is serving the
non-reservation Indian population in Kern, Inyo and Tulare counties; and
the Washoe Tribe is serving the non-reservation Indian population of
Placer, El Dorado, and Sacramento counties.

**[Current Tribal TANF Plans]{.underline}:**

 First approved Tribal TANF program started: **July 1, 1997** (Klamath
Tribe -- Oregon)

 The most recent approved program will start: **May 1, 2003** (Oneida
Tribe of Wisconsin --

Wisconsin)

 The current programs are serving approximately **[28,663 families
(assistance units)]{.underline}** with an

estimated **[100,000+]{.underline}** household members.

 Average annual caseloads being served by the programs range from
**[10]{.underline}** to **[8,937]{.underline}** families

(assistance units).

 The annual amounts of the Tribal Family Assistance Grants (TFAGs)
range from **[\$77,195]{.underline}** to

**[\$31,171,476]{.underline}**.

 The total annual federal funding for Tribal TANF programs is
currently: **[\$115,577,070]{.underline}**.

 The Tribal TANF programs are located in **15** states: Alaska,
Arizona, California, Idaho,

Minnesota, Montana, Nebraska, New Mexico, Oklahoma, Oregon, South
Dakota, Utah,

Washington, Wisconsin, and Wyoming. New and expanding plans could
include programs in

Nevada, Kansas, and North Dakota.

-   Of the **15** states in which there are active programs, **13** are
    providing matching funds and **2**

are not. The types and level of matching funds vary from state to state.

 In developing their TANF plans, tribes have the ability to design a
program to fit the unique

needs of the tribe, while taking into consideration such factor as
economic conditions,

geography, tribal infrastructure, social and cultural characteristics,
and specialized service

requirements. Included in these are the tribe's ability to establish:

-   the service area

-   the service population

-   time limits (eligibility for benefits)

-   work participation rates (percentage of the TANF population required
    to be engaged in work activities)

-   work requirements (the number of hours per week that a participant
    must be engaged in an approved work activity)

-   benefits (cash payments), including setting level and frequency

-   services to be provided

-   sanctions and penalties

and, to define such basic elements as:

-   family

-   eligibility criteria

-   work and allowable work activities

-   hardship exemptions

> and, the ability to decide:

-   by whom and how the program will be administered

-   linkages between the TANF program and other tribal programs and
    operations

-   the degree and nature of linkages and collaboration between the
    tribal TANF program and state, local, or other programs and services
    necessary to support the TANF caseload

 Tribes are generally using the same of the standard definitions of
work as states and many are

are also including additional work activities suited to the cultural
needs of their service

population.

Examples of the types of activities that are being used are:

-   Job search/job readiness training

-   Job skills training

-   OJT

-   Sheltered/supported work

-   Work experience or job sampling

-   Subsidized public and private employment

-   Unsubsidized public and private employment

-   Community service

-   Internships

-   Vocational education (without time limit)

-   Education directly related to employment

-   Teen parents in school

-   GED program participation

-   Providing child care for TANF recipients

-   Barrier removal, including counseling and/or chemical dependency
    treatment

-   Traditional subsistence activities (e.g. hunting, fishing,
    gathering, trapping, etc.)

-   Traditional work activities (e.g. pottery making, weaving, wood
    carving, jewelry making, farming, herding, etc.)

-   Teaching cultural activities

-   Work involved in or supporting traditional cultural activites

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-   Credit for reasonable transportation needs (time spent commuting to
    and from work or training)

 Work participation rates range vary with the plans:

-   **[Four]{.underline}** tribes adopted the same participation rates
    required of states in § 407(a) of the statute for their programs,
    i.e.:

**[25%]{.underline}** in the first year increasing to
**[50%]{.underline}** by year five for all families.

> **[75%]{.underline}** in the first year increasing to
> **[90%]{.underline}** in the third year and thereafter for two-parent
> families.

-   **[Thirty-five]{.underline}** tribes exercised their option to
    negotiate different rates and adopted rates tailored to their unique
    needs. These rates vary greatly, i.e.:

> For single parent families they range from **[15 to 25
> %]{.underline}** in the first year to **[25 to 40 %]{.underline}** in
> the third year and thereafter.
>
> For two-parent family the rates range from **[15 to 40
> %]{.underline}** in the first year to **[40 to 65 %]{.underline}** in
> the third year and thereafter.
>
> Some of the tribes are utilizing a single participation rate for all
> families, regardless of whether there is one or two parents.

 Work requirements, the number of hours work per week, also vary from
plan to plan:

-   The same four tribes that adopted the §407(a) work participation
    rates also adopted the same minimum work requirements that §407(c)
    applies to the states, i.e.: **20** hrs/week in the first year
    increasing to **30** hrs/week in the fourth and subsequent years for
    all families.

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-   Thirty-five tribes administering TANF exercised their option to
    negotiate different rates adopted to their needs. The work
    requirements adopted by these tribes vary in ranges, from **[15 to
    20]{.underline}** hrs/week for single-parent families and **[25 to
    40]{.underline}** hrs/week for two-parent families, for the duration
    of the program.

> Many tribes also allow for hours to be shared within two-parent
> families to insure that children are receiving adequate care and
> parental supervision.

 Support services also vary according to the Tribe's capabilities and
the service population's

needs. Typical support services being provided by programs are:

-   Job placement services

-   Job search assistance

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-   Job counseling

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-   Personal and family counseling, including: domestic violence
    prevention; child, elder, and spousal abuse; financial; health and
    hygiene

-   Substance abuse counseling

-   Substance abuse treatment

-   Transportation

-   Child Care

-   Initial screening for qualification for other related programs and
    services, e.g. JTPA (WIA), WtW, NEW, Food Stamps, GA, TWEP, AVT,
    etc.

-   Referrals to other tribal, state, and local support services and
    related employment and training programs

-   Health services system referrals

-   Housing referrals and assistance

-   Clothing, tools, and equipment needed for training or to get or
    retain a job

-   Books and supplies for job-related educational activities

-   Educational counseling, services and programs, including Adult Basic
    Education and GED

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-   Traditional cultural support activities

 **37** of the approved plans have time limits of **60** months.

 **2** of the plans have lifetime limits of **24** months within an
**84** month period, the same as the

State of Oregon.

 **12** of the **39** tribes/programs are utilizing P.L. 102-477, which
authorizes integration of

various employment, training, and related services provided by Indian
tribal governments,

under a Bureau of Indian Affairs approved 477 plan, to integrate and
consolidate their TANF

programs (and where applicable Native Employment Works programs) with
other related and

complementary support programs. This allows tribes to simplify their
budgeting, operating,

and reporting systems, while maximizing their resources and service
delivery capabilities.

Currently approved Tribal TANF programs are:

**[TRIBE or Organization]{.underline}** **[STATE]{.underline} [START
DATE]{.underline}**

1\. Klamath Tribe Oregon 07-01-97

2\. Forest County Potawatomi Wisconsin 07-01-97

3\. Confederated Tribes of Siletz Indians Oregon 10-01-97

4\. Red Cliff Band of Lake Superior Chippewa Indians Wisconsin 10-01-97

5\. Sokaogon Chippewa Community Wisconsin 10-01-97

6\. Stockbridge-Munsee Band of Mohican Indians Wisconsin 10-01-97

7\. Sisseton-Wahpeton Sioux Tribe South Dakota 10-01-97

8\. Pasqua Yaqui Tribe Arizona 11-01-97

9\. White Mountain Apache Tribe Arizona 11-01-97

10\. Southern California Tribal Chairmen's Association California
03-01-98

\<Consortium of [18]{.underline} tribes \>

11\. Osage Tribe Oklahoma 05-04-98

12\. Northern Arapaho Tribe Wyoming 07-01-98

of the Wind River Reservation

13\. Port Gamble Indian Community Washington 10-01-98

14\. Lower Elwha Tribal Community Washington 10-01-98

15\. Tanana Chiefs Conference, Inc. Alaska 10-01-98

\< Consortium of [37]{.underline} Native villages \>

16\. Confederated Salish & Kootenai Tribes Montana 01-01-99

17\. Mille Lacs Band of Ojibwe Minnesota 01-01-99

18\. Nez Perce Tribe Idaho 01-01-99

19\. Salt River Pima-Maricopa Indian Community Arizona 06-01-99

20\. Shoshone-Bannock Tribes of Fort Hall Idaho 07-01-99

21\. Lac Du Flambeau Band of Lake Superior Chippewa Wisconsin 01/01/00

22\. Central Council of Tlingit and Haida Indian

Tribes of Alaska Alaska 07/01/00

\< Consortium of [20]{.underline} Native villages \>

23\. Coeur d' Alene Tribe Idaho 07/07/00

24\. Eastern Shoshone Tribe Wyoming 09/01/00

of the Wind River Reservation

25\. Fort Belknap Community Council Montana 10/01/00

26\. Association of Village Council Presidents, Inc. Alaska 10/01/00

\< Consortium of [56]{.underline} Native villages \>

27\. Navajo Nation Arizona, 10/01/00

New Mexico,

and Utah

28\. Hopi Tribe Arizona 04/01/01

29\. Pueblo of Zuni New Mexico 04/01/01

30\. Winnebago Tribe of Nebraska Nebraska 04/01/01

31\. Quinault Indian Nation Washington 04/01/01

32\. Quileute Tribe Washington 05/01/01

33\. Torres Martinez Tribal TANF Program California 05/01/01

\< consortium of 8 Tribes in Riverside County,

serving Riverside and Los Angeles counties)

34\. Owens Valley Career Development Center Program California 06/01/01

\< consortium of 3 Tribes in Inyo County,

serving Inyo and Kern counties and the Tule

River Reservation and Tulare County\>

35\. Confederated Tribes of the Colville Reservation Washington 11/01/01

36\. Bad River Band of Lake Superior Tribe of Chippewa Indians

Wisconsin 01/01/02

37\. Washoe Tribe of Nevada and California California 01/01/03

\< 2 Tribes and Placer, El Dorado, and Sacramento counties\>

38\. Spokane Tribe of Indians Washington 03/01/03

39\. Oneida Tribe of Wisconsin Wisconsin 05/01/03

In addition to the programs already approved, as of the date of this
document, to our knowledge, there are;

-   **9** plans in review and negotiation process (pending approval in
    CY 2003)

-   **8** plans pending submission

-   **18** Tribes and consortia currently working through internal
    planning and deliberation

processes considering the option to administer TANF

-   **21** additional Tribes that have requested and received planning
    and information packages

It is important to note that Indian families not served by Tribal TANF
programs continue to be served by State TANF programs. About **34,000**
American Indian families were served by State governments in Fiscal Year
(FY) 2000, down from **40,000** in FY 1999.

**[General Notes]{.underline}:**

Tribes are generally being quite creative in designing their programs to
fit their individual tribal structures, and responding to their
communities' unique social and cultural characteristics, as well as
their diverse geographic and economic situations. They are taking
advantage of their ability to establish their own basic definitions,
such as; definition of family, eligibility criteria, work requirements,
and even their own definition of work. And, they are using these to
design programs that address the needs of their tribal members while
furthering the intent of TANF.

The creation of Tribal TANF has also had a dramatic effect on tribal
governments, infrastructure, and services. The planning, development,
implementation, and operation of the TANF programs is causing tribes to
re-examine, re-evaluate, and in many cases to restructure their social
services delivery systems. In some cases, it is causing changes in the
whole tribal administrative structure and operations.

The implementation of Tribal TANF and the need for comprehensive support
services to make it work are also causing the changes in and/or
improvement of working relationships with local and state government
agencies. And, in some instances where working relationships have not
previously existed or where they have been less than optimum, the
implementation of TANF has become a prompted exploration and creation of
new state, tribal, and local working relationships. Whether the changes
Tribal TANF is causing are internal, external, or both, it is becoming a
real catalyst for the development and/or improvement of communication,
collaboration, and cooperation.

For information regarding the Tribal TANF Program contact:

Robert Shelbourne, Acting Director

Division of Tribal TANF Management/Office of Family Assistance/ACF

202-401-5150

rshelbourne@acf.hhs.gov

or

Ray Apodaca, Tribal TANF Team Leader

202-401-5020

rapodaca@acf.hhs.gov.

FILE NAME: TRIBAL TANF Briefing (f) -- 040103.doc