[Code of Federal Regulations]

[Title 25, Volume 1]

[Revised as of April 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 25CFR23.22]



[Page 104-105]

 

                            TITLE 25--INDIANS

 

     CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR

 

PART 23_INDIAN CHILD WELFARE ACT--Table of Contents

 

 Subpart C_Grants to Indian Tribes for Title II Indian Child and Family 

                            Service Programs

 

Sec.  23.22  Purpose of tribal government grants.



    (a) Grants awarded under this subpart are for the establishment and 

operation of tribally designed Indian child and family service programs. 

The objective of every Indian child and family service program shall be 

to prevent the breakup of Indian families and to ensure that the 

permanent removal of an Indian child from the custody of his or her 

Indian parent or Indian custodian shall be a last resort. Such child and 

family service programs may include, but need not be limited to:

    (1) A system for licensing or otherwise regulating Indian foster and 

adoptive homes, such as establishing tribal



[[Page 105]]



standards for approval of on-reservation foster or adoptive homes;

    (2) The operation and maintenance of facilities for counseling and 

treatment of Indian families and for the temporary custody of Indian 

children with the goal of strengthening Indian families and preventing 

parent-child separations;

    (3) Family assistance, including homemaker and home counselors, 

protective day care and afterschool care, recreational activities, 

respite care, and employment support services with the goal of 

strengthening Indian families and contributing to family stability;

    (4) Home improvement programs with the primary emphasis on 

preventing the removal of children due to unsafe home environments by 

making homes safer, but not to make extensive structural home 

improvements;

    (5) The employment of professional and other trained personnel to 

assist the tribal court in the disposition of domestic relations and 

child welfare matters, but not to establish tribal court systems;

    (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 not 

eligible for state or BIA subsidy programs may be provided support 

comparable to that for which they could be eligible as foster children, 

taking into account the appropriate state standards of support for 

maintenance and medical needs;

    (8) Guidance, legal representation and advice to Indian families 

involved in tribal, state, or Federal child custody proceedings; and

    (9) Other programs designed to meet the intent and purposes of the 

Act.

    (b) Grants may be provided to tribes in the preparation and 

implementation of child welfare codes within their jurisdiction or 

pursuant to a tribal-state agreement.

    (c) Grantees under this subpart may enhance their capabilities by 

utilizing ICWA funds as non-Federal matching shares in connection with 

funds provided under titles IV-B, IV-E and XX of the Social Security Act 

or other Federal programs which contribute to and promote the intent and 

purposes of the Act through the provision of comprehensive child and 

family services in coordination with other tribal, Federal, state, and 

local resources available for the same purpose.

    (d) Program income resulting from the operation of programs under 

this subpart, such as day care operations, may be retained and used for 

purposes similar to those for which the grant was awarded.