Cal. WIC § 10553.16 — California Code / Code wic / Division 9 / Part 2 / Chapter 2 / Article 1 / Section 10553.16
Section 10553.16
Status: in_force

(a) The Legislature finds and declares all of the following:

(1) American Indian and Alaska Native children continue to be overrepresented in the California foster care system.

(2) The historic policies of the state and federal governments have specifically targeted American Indian and Alaska Native children for removal from their families and tribal communities, the legacy of which continues to ripple through generations of American Indian and Alaska Native families in California.

(3) The historic policies of the state and federal governments specifically have not honored treaty obligations to tribal nations in California that would have provided for the health and welfare of tribal children and families.

(4) Tribal nations within California are experts in determining the best interest of their members and citizens and preserving tribal families, but lack funding to support culturally responsive family preservation services.

(b) It is the intent of the Legislature in enacting this act to support federally recognized tribes in California in developing and implementing prevention services and to ensure equitable funding for California’s tribal families.

(c) Subject to an appropriation by the Legislature, the Tribal Foster Care Prevention Initiative is hereby established to provide state funding to assist any federally recognized Indian tribe located in California, or with lands that extend into California, in funding the costs, including staffing and administrative, associated with services aimed at preserving families and preventing the entry of children into foster care.

(d) Services under this section shall be focused on prevention services determined by the federally recognized tribe and may include any of the following:

(1) Concrete supports to a family to address immediate needs, such as childcare, transportation, housing, utilities, and food.

(2) Behavioral health and wellness services.

(3) Cultural or traditional activities.

(4) Parenting support, education, and training services.

(e) To be eligible for an allocation of funds under this section, an eligible federally recognized tribe as described in subdivision (c) shall enter into an agreement provided by the department pursuant to subdivision (a) of Section 10553.1 or in accordance with Section 1919 of Title 25 of the United States Code.

(f) A federally recognized tribe that seeks funding pursuant to this section shall submit an annual letter of interest to the State Department of Social Services by May 1 of each year. The letter shall include all of the following:

(1) The name of the tribe and the identified contact person.

(2) The approximate number of Indian children, as defined by Section 224.1, in the tribe.

(3) The approximate number of children identified in paragraph (2) that were in foster care in the previous fiscal year.

(g) Subject to an appropriation in the annual Budget Act for the express purpose described in this section, the State Department of Social Services shall provide each eligible federally recognized tribe, as described in subdivision (c), that enters into an agreement pursuant to subdivision (e) and submits a letter of interest pursuant to subdivision (f), an annual allocation. The annual allocation for each eligible federally recognized tribe shall be based on an equal division of the allocated funds amongst the eligible federally recognized tribes opting in for that year.

(h) A federally recognized tribe that receives funds pursuant to this section shall submit a progress report to the department. The progress report shall be submitted on or before September 30 following the close of the fiscal year in which funding was received. The report shall include all of the following:

(1) The total number of children that received prevention services funded with moneys received pursuant to the Tribal Foster Care Prevention Initiative in the previous fiscal year.

(2) The total number of families that received prevention services funded with moneys received pursuant to the Tribal Foster Care Prevention Initiative in the previous fiscal year.

(3) The number of Indian children, as defined by Section 224.1, that received prevention services pursuant to the Tribal Foster Care Prevention Initiative and entered foster care within 12 months.

(4) A description of the type or types of prevention services provided pursuant to the Tribal Foster Care Prevention Initiative to Indian children, as defined by Section 224.1, and their families.

(5) A description of how the funding has impacted the tribe’s capacity to increase services to Indian children, as defined by Section 224.1, and their families.

(6) A description of the outcomes achieved.

(i) The department shall provide an update in writing to legislative staff, federally recognized tribes, and stakeholders on the progress of implementation of this section by February 1, 2028.

(j) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement, interpret, or make specific this section without taking any regulatory action.

(k) The department shall only perform the duties under this section to the extent funding has been provided expressly for this purpose.