(a) (1) The Tribally Approved Homes Compensation Program is hereby established to provide funding, as described in this section, to eligible Indian tribes to assist in funding the costs associated with recruiting and approving homes for the purpose of foster or adoptive placement of an Indian child pursuant to the federal Indian Child Welfare Act, as described in Section 10553.12. Funding is limited to eligible Indian tribes as described in subdivision (b).

(2) Subject to an appropriation in the annual Budget Act for the express purpose described in paragraph (1), the department shall provide each eligible Indian tribe, as described in subdivision (b), an annual allocation of seventy-five thousand dollars ($75,000) for the purpose described in paragraph (1). If the annual Budget Act provides for an allocation of more than seventy-five thousand dollars ($75,000) per eligible tribe, then each eligible tribe shall receive an adjusted allocation within and for that same fiscal year. The adjusted allocation shall be based on a methodology considering the number of Indian children in foster care or prospective adoptive placements through the juvenile court. The allocation methodology and the implementation plan shall be established by the department in government-to-government consultation with tribes no later than June 30, 2023. The department shall provide an update to legislative staff and stakeholders on the progress of implementation of this section, preferably by January 1, 2023, but no later than February 1, 2023.

(3) For purposes of this section, the following definitions apply:

(A) “Department” means the State Department of Social Services.

(B) “Indian tribe” means any federally recognized Indian tribe located in California or with lands that extend into California.

(b) To be eligible for an allocation of funds under this section, an Indian tribe shall enter into an agreement with the department pursuant to subdivision (a) of Section 10553.1 or in accordance with Section 1919 of Title 25 of the United States Code. An Indian tribe may designate another entity to administer the allocation of funds on a tribe’s behalf upon designation by the tribe for this purpose. An Indian tribe that seeks funding pursuant to this section shall submit a letter of interest to the department each year by a deadline established by the department through government-to-government consultation with tribes. The agreement shall contain, but not be limited to, the following terms:

(1) A timeline for the distribution of funds by the department.

(2) A description of how the tribe will administer the funds.

(3) A description of the tribe’s staffing needs to administer the program, including recruitment, retention, and training.

(4) The estimated number of homes the tribe will assess and potentially approve for foster or adoptive placement per year.

(5) The number of existing foster or prospective adoptive homes approved by the tribe, if applicable.

(6) A description of the existing or planned recruitment activities and processes that will be developed, including meeting criminal background check requirements.

(7) If the tribe plans to designate another entity to administer the funds, the name of that entity.

(c) An Indian tribe that receives funding pursuant to this section shall submit a progress report to the department. The progress report shall be submitted to the department on or before September 1 following the close of the fiscal year in which the tribe received an allocation. The progress report shall include all of the following information for the fiscal year that was funded:

(1) A description of how the tribe administered the funds.

(2) A description of how the funds were used to meet the tribe’s staffing needs to administer the program, including recruitment, retention, and training.

(3) The number of homes the tribe assessed and approved for foster or adoptive placement for the fiscal year the funds were allocated.

(4) The number of existing foster or prospective adoptive homes approved by the tribe, if applicable.

(5) A description of the existing or planned recruitment activities and processes that were developed, including meeting the criminal background check requirements.

(d) The department shall annually provide to the budget committees of the Legislature a report summarizing the information and data provided by the Indian tribes in their progress reports to the department. The annual report shall be submitted to the budget committees no later than January 31 following the close of the fiscal year covered by the tribe’s progress reports. The report shall include, but be not be limited to, all of the following:

(1) The total amount of funds allocated by the department for the program.

(2) The number of tribes that received an allocation of funds during the fiscal year and the amount of funds allocated to each tribe.

(3) A summary of the data submitted to the department by the tribes pursuant to paragraphs (1) to (3), inclusive, of subdivision (c).

(e) The department shall seek federal approvals or waivers necessary to claim federal reimbursement under Title IV-E of the federal Social Security Act (42 U.S.C. § 670 et seq.) in order to maximize funding for the purpose described in this section.

(f) An agreement entered into pursuant to this section may be revoked by either party upon a 180-day written notice to the other party.

(g) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may issue written guidance to implement, interpret, or make specific this section without taking any regulatory action.

(Amended by Stats. 2023, Ch. 43, Sec. 32. (AB 120) Effective July 10, 2023.)