Strengthening Tribal Families Act of 2023

To amend part B of title IV of the Social Security Act to require States to comply with Federal standards established under the Indian Child Welfare Act of 1978. 1. Short title This Act may be cited as the Strengthening Tribal Families Act of 2023 2. State plan requirements (a) State plan requirement relating to child welfare services Section 422(b)(9) of the Social Security Act ( 42 U.S.C. 622(b)(9) (1) by inserting (A) (9) (2) by striking Act; Act of 1978; and (3) by adding at the end the following: (B) provide that the agency administering or supervising the administration of the plan shall comply with Federal standards established under the Indian Child Welfare Act of 1978; . (b) State plan requirement relating to promoting safe and stable families Section 432(a) of such Act ( 42 U.S.C. 629b(a) (1) in paragraph (9), by striking and (2) in paragraph (10), by striking the period and inserting ; and (3) by adding at the end the following: (11) provides that the agency administering or supervising the administration of the plan shall comply with Federal standards established under the Indian Child Welfare Act of 1978. . (c) Measuring compliance Subpart 3 of part B of title IV of such Act ( 42 U.S.C. 629m 441. Measuring compliance with the Indian Child Welfare Act of 1978 (a) In general Not later than January 1, 2024, the Secretary and the Secretary of the Interior, in consultation with Indian tribal organizations and States, shall develop a memorandum of understanding that specifies the factors to be used in measuring compliance by State agencies with sections 422(b)(9) and 432(a)(11) of this title, which shall include requirements sufficient to assess State strengths and areas for improvement in implementing the Indian Child Welfare Act of 1978, including the following: (1) Timely identification of Indian children and extended family members. (2) Timely tribal notice of State child custody proceedings. (3) Quantitative agency reports of cases under such Act in which a transfer of jurisdiction (as defined by such Act) was granted or was not granted, and whether good cause (as defined in such Act) was applied. (4) Quantitative agency reports on how many times a court returned such a case to the agency based on insufficient active efforts (as defined by such Act). (5) Foster care or adoptive placements in such cases (as defined by such Act). (6) Quantitative agency reports on how many times a court terminated parental rights in such cases. (b) Consultation On request of the Secretary, the Secretary of the Interior shall provide the Secretary with such guidance as may be necessary to facilitate informing States and public child welfare agencies on how to correctly and efficiently comply with sections 422(b)(9) and 432(a)(11). . (d) Biennial reports to the Congress Section 422 of such Act ( 42 U.S.C. 622 (d) Biennial reports to the Congress The Secretary shall biennially submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate a written report on how the States and the Secretary are addressing the requirement in subsection (b)(9). . 3. Effective date (a) In general Except as provided in subsection (b), this Act and the amendments made by this Act shall take effect on the 1st day of the 1st calendar quarter that begins after the date of the enactment of this Act. (b) Delay permitted if state legislation required If the Secretary of Health and Human Services determines that State legislation (other than legislation appropriating funds) is required in order for a State plan developed pursuant to part B of title IV of the Social Security Act to meet the additional requirements imposed by the amendments made by this Act, the plan shall not be regarded as failing to meet any of the additional requirements before the 1st day of the 1st calendar quarter beginning after the first regular session of the State legislature that begins after the date the Secretary publishes the memorandum of understanding required by section 441 of the Social Security Act. For purposes of the preceding sentence, if the State has a 2-year legislative session, each year of the session is deemed to be a separate regular session of the State legislature.

Summary: Strengthening Tribal Families Act of 2023 This bill establishes requirements related to state compliance with the Indian Child Welfare Act of 1978 (ICWA). The ICWA establishes minimum federal standards for the removal of Indian children from their families and the placement of these children in foster or adoptive homes. Specifically, the bill requires a state plan for child welfare services and a state plan related to the Promoting Safe and Stable Families Program to ensure that the agency administering or supervising the plan (e.g., a child welfare agency) shall comply with all federal standards established under the ICWA. Further, the Department of Health and Human Services (HHS) and the Department of the Interior must, in consultation with Indian tribal organizations and states, develop a memorandum of understanding that specifies the factors for measuring compliance with the ICWA. These factors must include requirements sufficient to assess state strengths and areas for improvement in implementing the ICWA (e.g., timely tribal notice of state child custody proceedings). Additionally, the bill directs HHS to submit biennial reports to Congress on certain reviews of child and family service programs.