Are tribes eligible for the Title IV-E program?
Not directly. Although some tribes have negotiated agreements with states pursuant to their inherent sovereign authority or pursuant to § 1919 which allow for the pass-through of federal funding to eligible tribal placements and activities. Although a few agreements are comprehensive, most provide only for payments to the foster parents themselves and do not provide tribes with money for training and administration. An agreement under § 1919 is critical to the receipt of federal funding. In Native Village of Stevens v. Smith, 770 F.2d 1486 (9th Cir. 1985), the court held that Alaska was not required to reimburse a Native village for payments to a child placed by the village from federal funding received under Title IV-E. The court found that three requirements needed to be met for funding, and the village lacked one of those.
Not directly. Although some tribes have negotiated agreements with states pursuant to their inherent sovereign authority or pursuant to § 1919 which allow for the pass-through of federal funding to eligible tribal placements and activities. Although a few agreements are comprehensive, most provide only for payments to the foster parents themselves and do not provide tribes with money for training and administration. An agreement under § 1919 is critical to the receipt of federal funding. In Native Village of Stevens v. Smith, 770 F.2d 1486 (9th Cir. 1985), the court held that Alaska was not required to reimburse a Native village for payments to a child placed by the village from federal funding received under Title IV-E. The court found that three requirements needed to be met for funding, and the village lacked one of those. First, the home must be state licensed, and the court found that that requirement was met by § 1931(b), which provides that “[f]or purposes of qualifying for assi
