(a) Notwithstanding any other law, the department shall, upon an Indian tribe’s request, enter into an agreement, in accordance with Section 16000.6, and not inconsistent with Section 1919 of Title 25 of the United States Code, with any Indian tribe, tribal organization, or tribal consortium located in California or with lands that extend into this state regarding the care and custody of Indian children and jurisdiction over Indian child custody proceedings, including, but not limited to, agreements that provide for orderly adjudication of, and transfer of jurisdiction on a case-by-case basis for, cases subject to exclusive tribal or state jurisdiction, or for concurrent jurisdiction between the state and tribes.

(b) (1) There shall be no tribal share of costs for any agreement under subdivision (a).

(2) An agreement under subdivision (a) concerning the provision of child welfare services shall ensure that a tribe, tribal organization, or tribal consortium meets current service delivery standards provided for under Chapter 5 (commencing with Section 16500) of Part 4.

(3) An agreement under subdivision (a) concerning assistance payments under the AFDC-FC program shall ensure that a tribe, tribal organization, or tribal consortium meets current foster care standards provided for under Article 5 (commencing with Section 11400) of Chapter 2 of Part 3.

(4) An agreement under subdivision (a) concerning adoption assistance shall ensure that a tribe, tribal organization, or tribal consortium meets the current service delivery standards provided for under Chapter 2.1 (commencing with Section 16115) of Part 4.

(5) An agreement under subdivision (a) shall ensure that a tribe, tribal organization, or tribal consortium claims and uses all eligible federal funding available under Title IV-E of the federal Social Security Act.

(6) Notwithstanding any other law, the nonfederal costs pursuant to an agreement under this section shall be borne by the state. However, in the event that an Indian child is transferred from the jurisdiction of the tribe to the jurisdiction of the county, the nonfederal costs for the child shall be borne by the county as for any other child under the county’s jurisdiction.

(c) Upon the effective date of an agreement authorized by subdivision (a), the tribe, tribal organization, or tribal consortium shall comply with fiscal reporting requirements specified by the department for federal and state reimbursement of child welfare services funds or AFDC-FC services for programs operated under the agreement.

(d) An Indian tribe, tribal organization, or tribal consortium, that is a party to an agreement under subdivision (a), shall, in accordance with the agreement, be eligible to receive allocations of child welfare services funds.

(e) An Indian tribe, tribal organization, or tribal consortium, that is a party to an agreement under subdivision (a), may, in accordance with the agreement, be eligible to receive an allocation of child welfare services funds to assist in funding the startup costs associated with establishing a comprehensive child welfare services program. The allocation shall be available for expenditure by the Indian tribe, tribal organization, or tribal consortium for three years of the agreement under subdivision (a). The department may extend the time for expenditure of the allocation upon a showing of good cause by the party seeking an extension. This subdivision shall be implemented only to the extent that funding is expressly provided in the annual Budget Act for these purposes.

(f) Implementation of an agreement under subdivision (a) does not impose liability upon, or to require indemnification by, the participating county or the State of California for any act or omission performed by an officer, agent, or employee of the participating tribe, tribal organization, or tribal consortium, pursuant to this section.

(Amended by Stats. 2022, Ch. 573, Sec. 14. (AB 207) Effective September 27, 2022.)