Who pays for the foster care placement?
The state placement agency if the case remains in state court and even when transferred to tribal court if an intergovernmental agreement exists or if a tribal court maintains placement rights with the state agency. See also FAQ 19 Application of Other Federal Laws. Practice Tip: Please note that there is a federal court decision, Native Village of Stevens v. Smith, 770 F.2d 1486 (9th Cir. 1985), holding that a state agency is not responsible for subsidizing tribal court placements absent a cooperative agreement. However, in limited circumstances after exhausting all possible resources of funding, the BIA may be a potential source of funding for these placements.
