§ 1931 TITLE 25—INDIANS Page 566

(Pub. L. 95–608, title I, §113, Nov. 8, 1978, 92 Stat.

3075.)

SUBCHAPTER II—INDIAN CHILD AND

FAMILY PROGRAMS

§ 1931. Grants for on or near reservation programs and child welfare codes

(a) Statement of purpose; scope of programs

The Secretary is authorized to make grants to

Indian tribes and organizations in the establishment and operation of Indian child and family

service programs on or near reservations and in

the preparation and implementation of child

welfare codes. The objective of every Indian

child and family service program shall be to prevent the breakup of Indian families and, in particular, to insure that the permanent removal of

an Indian child from the custody of his parent or

Indian custodian shall be a last resort. Such

child and family service programs may include,

but are not limited to—

(1) a system for licensing or otherwise regulating Indian foster and adoptive homes;

(2) the operation and maintenance of facilities for the counseling and treatment of Indian families and for the temporary custody of

Indian children;

(3) family assistance, including homemaker

and home counselors, day care, afterschool

care, and employment, recreational activities,

and respite care;

(4) home improvement programs;

(5) the employment of professional and other

trained personnel to assist the tribal court in

the disposition of domestic relations and child

welfare matters;

(6) education and training of Indians, including tribal court judges and staff, in skills relating to child and family assistance and service programs;

(7) a subsidy program under which Indian

adoptive children may be provided support

comparable to that for which they would be eligible as foster children, taking into account

the appropriate State standards of support for

maintenance and medical needs; and

(8) guidance, legal representation, and advice to Indian families involved in tribal,

State, or Federal child custody proceedings.

(b) Non-Federal matching funds for related Social Security or other Federal financial assistance programs; assistance for such programs unaffected; State licensing or approval

for qualification for assistance under federally assisted program

Funds appropriated for use by the Secretary in

accordance with this section may be utilized as

non-Federal matching share in connection with

funds provided under titles IV–B and XX of the

Social Security Act [42 U.S.C. 620 et seq., 1397 et

seq.] or under any other Federal financial assistance programs which contribute to the purpose

for which such funds are authorized to be appropriated for use under this chapter. The provision

or possibility of assistance under this chapter

shall not be a basis for the denial or reduction

of any assistance otherwise authorized under

titles IV–B and XX of the Social Security Act or

any other federally assisted program. For purposes of qualifying for assistance under a federally assisted program, licensing or approval of

foster or adoptive homes or institutions by an

Indian tribe shall be deemed equivalent to licensing or approval by a State.

(Pub. L. 95–608, title II, §201, Nov. 8, 1978, 92 Stat.

3075.)

REFERENCES IN TEXT

The Social Security Act, referred to in subsec. (b), is

act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Titles

IV–B and XX of the Social Security Act are classified

generally to part B (§620 et seq.) of subchapter IV and

subchapter XX (§1397 et seq.) of chapter 7 of Title 42,

The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title

42 and Tables.

§ 1932. Grants for off-reservation programs for

additional services

The Secretary is also authorized to make

grants to Indian organizations to establish and

operate off-reservation Indian child and family

service programs which may include, but are not

limited to—

(1) a system for regulating, maintaining, and

supporting Indian foster and adoptive homes,

including a subsidy program under which Indian adoptive children may be provided support comparable to that for which they would

be eligible as Indian foster children, taking

into account the appropriate State standards

of support for maintenance and medical needs;

(2) the operation and maintenance of facilities and services for counseling and treatment

of Indian families and Indian foster and adoptive children;

(3) family assistance, including homemaker

and home counselors, day care, afterschool

care, and employment, recreational activities,

and respite care; and

(4) guidance, legal representation, and advice to Indian families involved in child custody proceedings.

(Pub. L. 95–608, title II, §202, Nov. 8, 1978, 92 Stat.

3076.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1934 of this title.

§ 1933. Funds for on and off reservation programs

(a) Appropriated funds for similar programs of

Department of Health and Human Services;

appropriation in advance for payments

In the establishment, operation, and funding

of Indian child and family service programs,

both on and off reservation, the Secretary may

enter into agreements with the Secretary of

Health and Human Services, and the latter Secretary is hereby authorized for such purposes to

use funds appropriated for similar programs of

the Department of Health and Human Services:

Provided, That authority to make payments pursuant to such agreements shall be effective only

to the extent and in such amounts as may be

provided in advance by appropriation Acts.

(b) Appropriation authorization under section 13

of this title

Funds for the purposes of this chapter may be

appropriated pursuant to the provisions of section 13 of this title.