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S. HRG. 98-952
OVERSIGHT OF THE INDIAN CHILD
WELFARE ACT OF 1978
-------------- --- J
(
HEARING
BEFORETHE
SELECT COMMITTEE ON INDIAN AFFAIRS
UNITED STATES SENATE
NINETY-EIGHTH CONGRESS
SECONDSESSION
ON
OVERSIGHT ON THE IMPLEMENTATION OF THE INDIAN CHILD
WELFARE ACTOF 1978
APRIL 25, 1984
WASHINGTON, DC
U.S. GOVERNMENT PRINTING OFFICE
37-6080 WASHINGTON: 1984 •
CONTENTS
WITNESSES
Page
Aguilar,Michelle,Indianchildwelfarecoordinator,SuquamishTribe, Stateof
Washington . 206
Preparedstatement .. 208
Almenas, Jeanne, deputy director of human services, Penobscot Indian
Nation . 241
Amelia, Linda,director,Comanche FosterCare ReviewBoard, Lawton,OK . 122
Argel, Greg, programassistant, Associationon AmericanIndianAffairs,Inc . 51
Blanchard, Evelyn, president, Association of American Indian and Alaska
NativeSocialWorkers . 96
Preparedstatement .. 99
Butler,Ray,Chief,DivisionofSocialServices, BureauofIndianAffairs.~ .. 2
Dorsay, Craig J., attorney representing the Navajo Nation, prepared state-
ment . 163
Eberhard, Eric, Deputy Attorney General, Department of Justice, Navajo
IndianNation . 158
Ferro, Frank, Deputy Associate Commissioner, Administration for Children,
Youthand Families,HHS .. 8
Fritz, John W., Deputy Assistant Secretary for Indian Affairs (Operations),
BureauofIndianAffairs . 2
Preparedstatement .. 6
Hirsch, Bertram E., attorney, representing the Association on American
IndianAffairs, Inc .. 51
SELECT COMMITTEE ON INDIAN AFFAIRS Kahrahrah,Bernard,chairman,Comanche IndianTribe, preparedstatement.. 124
Krenzke,Ted,DirectorofIndianServices, BureauofIndianAffairs .. 2
MARKANDREWS,North Dakota,Chairman Krepps,EthelC.,president,OklahomaIndianChild Welfare Association .. 105
Pr-eparedstatement . 109
BARRYGOLDWATER,Arizona JOHN MELCHER,Montana..
Lamebull,Larry,directorofchildren'sservices, PuyallupIndianTribe . 258
SLADEGORTON,Washington DANIEL K. INOUYE,Ha,wau
McCloud,Connie, member, tribalcouncil, PuyallupIndianTril;>e . 258
FRANK H. MURKOWSKI,Alaska DENNIS DllCONCINI,ArIZOna
McClure, Elmira, director, Potawatomi Indian Child Welfare Program,Saint
, PAUL ALEXANDER, StaffDirector Augustine'sCenter,Chicago,IL . 239
Preparedstatement . 239
OIl Mendoza,Jake,director,childoutreachprogram,MinneapolisUrbanCenter . 211
Preparedstatement .. 214
Pie, Maureen,attorneyatlaw,ManillaqAssociation, Kotzebue,AK . 155
Reyes, Louise Zokan-Delos, Senior IndianChild WelfareSpecialist, Bureau of
IndianAffairs .. 8
Robles, Tony, coordinator, Indian Child Welfare Act Program, Native Ameri-
canCenter,OklahomaCity,OK .. 176
Preparedstatement .. 179
Rust, David A., Director, Office of Policy and Legislation, Department of
HealthandHumanServices . 8
Sampson,Melvin,chairman,LegislativeCommittee, YakimaIndianNation . 133
Preparedstatement . 137
Sappier, James, representing the governor and tribal council, Penobscot
IndianNation .. 241
Sha:;~a::1::~i:~ri~~~h·iid··;;,d~;;;;;;,~y·p~;;;;;,~:··M~~ippi'·B;~d·~f·Ch;;;;t;;,;; 244
Indians .. 174
Silvernail,John, familyservice specialist,CentralMaine Indian Association .. 241
Preparedstatement .. 252
Starr,Marie, group homedirector,MuckleshootIndianTribe, Auburn,WA . 139
Preparedstatement . 143
<llIl
IV V
Page Page
Tallakson,Joe,Sense,Inc.,for theLummiIndianTribe 153 Letterfrom EthelKrepps, ICWAattorney/project manager, Native American
Preparedstatement 154 CoalitionofTulsa,Inc.;toSenatorAndrews.......................................................... 336
Unger, Steven, executive director, the Association on American Indian Af- Prepared statement of the Native American Rehabilitation Association, sub-
fairs, Inc 51 mittedby SidneyAnnBrown, Blackfeet,executivedirector............................... 337
Preparedstatement.. 54 Lettersfrom theOneidaTribeofIndiansofWisconsin;to SenatorAndrews..... 341
Wichlacz, Casimer, Deputy Commissioner, Administration for Native Ameri- Lettersfrom thePyramidLake PaiuteTribalCouncil;to SenatorAndrews...... 346
cans, HHS...................................................................................................................... 8 Letter from Arnold J. Sowmick, Sr., tribal chairman, the Saginaw Chippewa
Wood,Mary,director, Native AmericanFamilyand ChildServiceProgram..... 172 IndianTribe;to SenatorAndrews 348
PreparedstatementofSave theChildren,submittedbyDr.HelenScheirbeck,
MATERIAL SUBMITTED FOR THE RECORD director,AmericanIndian NationsProgram.......................................................... 350
Prepared statement of the Seattle Indian Center, James Price, chairman of
Paper prepared by the Administration for Native Americans, HHS, in re theboard(Tlingit) 354
Indianadoption issues, submittedby A.David Lester, Commissioner,ANA.. 17 Letter from Andrew Hope III, executive director, Sitka Community Associa-
Prepared statement of the Association of American Indians and Alaska tion, withenclosures;toSenatorAndrews.............................................................. 358
NativeSocialWorkers,submittedbyEvelynBlanchard..................................... 99 Prepared statement of Claudia R. Long, M.S.W.,Indian Child Welfare Pro-
Prepared statement of Bernard Kahrahrah, chairman, Comanche Indian gramCoordinator,The UrbanIndianCouncil, withenclosures......................... 362
Tribe, submittedby Linda Amelia, director, Comanche Foster Care Review Letter from Don Milligan, MSW, Department ofSocial and Health Services,
Board.............................................................................................................................. 124 StateofWashington,withenclosures 372
Prepared statement of the Navajo Nation, submitted by Eric Eberhard, Letter from Faye E. Thunder, Indian child welfare coordinator, Wisconsin
deputyattorneygeneral, NavajoIndianNation.................................................... 163 WinnebagoTribe;to SenatorAndrews 423
Letterfrom Alvin R.Zephier, chairman,Yankton Sioux Businessand Claims
Committee;"to SenatorAndrews 425
APPENDIX Letterfrom Sandra L. Hill, chairperson, Oneida Child Protective Board; to
SenatorAndrews 426
ADDITIONAL MATERIAL RECEIVED FOR THE RECORD
Letter from DanLittleAxe,governor, Absentee ShawneeTribeofOklahoma;
to SenatorAndrews ; . 261
Letter from Richard M. Milanovich, chairman, tribal council, Agua Caliente
BandofCahuillaIndians;to SenatorAndrews . 263
Prepared testimony ofthe San Francisco American Indian Center presented
~lr~e;;~~Y~di=~~~I~':::.~~~~~~~~~.~~~~~~~~~~.~~~~~~~~~~~.~.~
.. .. .. 264
Prepared testimony ofthe Boston Indian Council, Inc., submitted by Clifford
Saunders,executivedirector . 266
~\
Prepared testimony of the Bums Paiute Tribe, submitted by Vernon Shake
Spear,chairman . 272
Prepared testimony of the Omaha and Winnebago Tribes of Nebraska, sub-
mittedby NormaStealerandJessilineAnderson, respectively . 277
Letter from Joseph K. Lumsden, tribal chairman, the Sault Ste. Marie tribe
ofChippewaIndians;toSenatorAndrews . 282
Preparedtestimony ofRossO.Swimmer, principal chief, Cherokee Nationof
Oklahoma . 283
Letter from Al Aubertin, chairman, Colville Confederated Tribes Business
Council,withenclosedresolutions;toSenatorAndrews . 296
PreparedtestimonyoftheOregonLegislativeCommissionon IndianServices,
submittedby KatherineM.Gorospe,executivesecretary . 300
PreparedtestimonyoftheConfederatedTribesofSiletzIndiansofOregon . 303
Statement of the Consortium of Coastal Indian Rancherias, Indian Child
andFamilyServices,submittedby Julie Mannarino, MSW, programcoordi-
nator . 310
Letter from Edna Charley, executive director, Copper River Native Associa-
tion;to SenatorAndrews . 314
Letter from MichaelC.Parish, executivedirector, the Inter-TribalCouncilof
Michigan,Inc.; toSenatorAndrews . 315
Letter from Wallace Murray, chairman, Iowa Tribe ofOklahoma; to Senator
Andrews ; . 317
Testimony of the Five Sandoval Indian Pueblos, Inc., submitted by Ramus
Suina,chairman . 320
Testimony of Kawerak, Inc., Nome, AI{. submitted by Mary Miller, tribal
operationsandrights protectionofficer . 325
Letterfrom Julia Roubideaux,Kiowa childwelfare programspecialist,Kiowa
TribeofOklahoma;to SenatorAndrews ···· 329
Preparedstatementofthe LacCourteOreillesBandofLakeSuperiorChippe-
waIndians . 330
Letter from Darrell Wadena, president, the Minnesota Chippewa Tribe; to
SenatorAndrews . 333
OVERSIGHT OF THE INDIAN CHILD WELFARE
1
~:;i ACT OF 1978
~,;
f"
APRIL 25, 1984
U.S. SENATE,
- SELECT CoMMITTEE ON INDIAN AFFAIRS,
Washington, DC.
The committee met, pursuant to notice, at 10:45a.m., in room SD
.~ 106, Dirksen Senate Office Building, Senator Mark Andrews (chair
man of the committee) presiding.
Present: Senators Andrews andGorton.
~; Staff present: Paul Alexander, staff director; Peter S. Taylor,
.~ general counsel; Debbie Storey, legislative assistant; Max Richt
~. man, minority staffdirector; Gertrude Wilson, secretary.
:~ Senator ANDREWS. The hearingwill come to order.
ji. Today, we .are conducting an oversight hearing on one of the
; most important pieces of legislation to have been produced by this
.. committee; the Indian Child Welfare Act.
The purpose of the act is to protect the most valuable resources
of Indian people; their children. This unique legislation, passed in
it1978, is Congress effort to address the critical situation, document
ed by the American.Indian Policy Review.Commission, ofIndian
i
[children in extremely high numbers being placed in adoptive and
foster-care.settings with non-Indian families. For many of these
children, the placements effectively terminated their tribal ties and
identity. The vast majority of these placement decisions were being
.tnade by non-Indian social service agencies and courts, without any
viable Indian input.
The Indian Child Welfare Act reinforces tribal jurisdiction over
child-welfare issues, creates preferences for placements with Indian
families where possible, providesa mechanism for Indian participa
•i
tion in non-Indian judicial settings, and provides for the funding of
Indian family service andchild-welfare programs.
Our purpose today is to see.how well the program is running,
what improvements can be made in the administration of the pro
gram.rand whether any modification ofthe original legislation may
now be necessary.
Our first witness this morning is Deputy Assistant Secretary
John Fritz..Welcome back to the committee, Mr. Secretary. We will
be glad to hearfrom you.
(1)
2
3
STATEMENT OF JOHN W.FRITZ, DEPUTY ASSISTANTSECRETARY
and the Indian organizations with th f .
FFAOIRRSIN, DDIEAPNARATFMFAEINRTS (OOFPETRHAETIOINNTSE)R, IBOURR,EAACUCOOFMPINADNIIAEND ABFY thSoseenacthoirldAreNnDaRnEWdStheDioreIsnidtian rr.airdm.1i'ees,unding. to offer services to
TED KRENZKE, DIRECTOR OF INDIAN SERVICES, BIA; ANDRAY services? . prOVI e the funding for general social
BUTLER, CHIEF, DIVISION OF SOCIAL SERVICES, BIA Mr. BUTLER. Yes, sir.
Mr. FRITZ. Thank you very much, Mr. Chairman. With me today Senator ANDREWS. Is it somewh t . '1
fU;d~:oaSt~t~e
is Mr. Ted Krenzke, Director of Indian Services for the Bureau of the Social Security Act, providing programs under
Indian Affairs, and Mr. Ray Butler, the Chief of the Division of Mr.BUTLER. Yes,sir, verysimilar. a es.
Social Services. Senator .ANDREWS Onl . thi .
Senator ANDREWS. Let me assure you, Mr. Secretary, that as Is thatcorrect? . y In IS case, It provides it to the tribes.
usual your remarks will appear as though given every word in the Mr. BUTLER. To the tribes and th I di
record. You may summarize ifyouwant. similar, Mr. Chairman to what ;eYn: ~an organizations. Itisvery
Mr. FRITZ. I would like to summarize my remarks in a very brief foster-eare program, which is no ormerly the ry-A AFDC
an~ Welfa~e A~t
fashion. We have worked hard to implement the act. There have Act, the Indian Child IV-E of the.Social Security
ant
been a number of positive things which have grown out of Con to the title IV-B program of child- lr funding, comparable
gress' intent. We recognize that the ideals that have been ex through the Federal Government1 we are services to the States
b
pressed in this act-that is, the protection-ofthe children, the pro Senator ANDREWS There h d
tection of the on-going tradition and cultures of the tribes and the we wanted to make'a com le~e een some questions about it, and
~nd re~ort
families-are a critical part of the overall rationale for Congress' and show how it is indeed i and get that on the record
enactment of this legislationin 1978. under the socialsecurity system ntac comparable to the program
We think that, as an organization, we have had some very posi For the past 4 years th d ~e up, .
tive experiences, and we have had some less positive in terms of funding for off-reservatione a mmIStratIon has not requested an
off-reserv~~~~ams.
administration and in terms of funding, but I think that, overall, dicated that the All available reports have i:"
the position of the Department and the Bureau is that we will, to played an imPOrtant rt J pr~grams ~resuccessful and have
gooSafos~n epmg
the best of our abilities, strive to carry out Congress' intent and families, securing 1ki Indian children with their
desire for a sensible jurisdictional, as well as a care or custody pro ferred to tribal courts Do r acemen~, or having the child re
gram for the children who are affected by this act. Frankly, we thecontrary? . you av~ any mformation to indicate to
look forward to continued good relations with this committee and Mr. FRITZ. Mr. Chairman n I d ::it
with the Congress as a whole in evolving the act so that it truly ~ha~ we had before you and'wi~h yo~ ~ r~~ll the d.iscussion
meets the intent that you put into the law, and we look forward to urmg the appropriations roces '. in IS commIttee and
regfr~ng
the continued positive working relations we have had with the re ervation programs. It hasPbeens, the funding ofoff-res
sapnedctoipveeratrtiiboenss,cShtaartgeesd, wfaimthiltihese,imanpdlemotehnetratgioonveorfntmheenatcatl. entities t~~ItS.~hraatsifoacnedaruesfaasceadnwoirt1anaiZ;:~~nbieea0ndtteemwohroe rv.eepxriensgenptrothbeleamds
That really concludes my synopsis, sir. We will be pleased to ~~ncal rel~tionship with nonrese~t? not havmg an adequate
answer any questions you might have. ~g.aservice organization to deal ~~hntfouPf'f. as well !!S not
Senator ANDREWS. Thank you very much, Mr. Secretary. The gal81l1zatIoJ.1s. So, what we have attempt d to dese 0 -reservatIOn Or-
BIA budget reflects two programs for Indian children: the Child years IS to put the mone int he 0 over the past sever-
Welfare Assistance Program and the Grant Program under the clearly related to our overah .o.t e programs which are more
Indian Child Welfare Act. What is the difference in these two pro bothfrom historical and practic::Is~\~~as ,,:e have understood it,
grams. Are they comparable to any programs administered by the We recognIze that C ,. p 0fView.
Department of Health and Human Services? tion as well as off-rese~Jii~~s1~~tent was to fund both on-reserva
Mr. FRITZ. Let me answer the first part of your question, and cult for us to get this act' grams. It hasJust been very diffi
then I will throw it over here to Mr. Butler fora response on the W~d desire. IVI y on stream in a fashion that you
technical part. The assistance program is one of support for the
tifi nator ANDREWS. Your prepared st te M
children, where the grants are focused upon the support services,
es the-proposal to zero fund the off.a meni! r. Secretary, jus-
that is, upon the organizations and the ancillary-support mecha ;~"t!th~t"~~~hec~~d~fceivablYr~:i:~fu~d~n~f~::l1o~~~~
nisms. Maybe Ray would care to expand upon my answer. :;:teaU°ifu
Mr. BUTLER. Mr. Chairman, the child-welfare assistance section H~V:a:itloablewhen this act was There were no such funds
ofthe Bureau'sbudget is to provide for the cost of care for the chil sU~h Yl~
dhetermine the availability of cond:uctedany stud-
dren that are in foster homes or for the children that are in resi ve •t ere been some new ro a. er~at1ve funds now?
dential treatment centers, whereas the Indian Child Welfare Act th~Ofwhich awa~e?grams
we are not commg into existence out
Grant Funding Program, under authorization of title II of the act,
. r, FRITZ. One of the thin hi h h
is for the service portion of the program which provides the tribes off..rese~a~io~org~ni:~rred, Chairm~,
IS that some of these Mr.
IOns can now-receIve
5
ofother States, the State 1£ dePfart~ents
been able to pay for the fo'::eare are willing andhave
funds from United Fund and Community Chest, those types of or :iSfe.nator ANDREWS. In fIS~afareea0r1In9d8i4an children.
of the Indian Child Wefr. , Congress reduced the
ganization. mg ~ c~
Senator ANDREWS. But no Government programfunds? . f:~hIonndteod$~8.7million. The Select $~~~~girrant program from $re9~7-
Mr. FRITZ. Title 20 moneys, I guess, would be available to these
as I recall, funding at on IThndian Affairs
organizations, which the on-reservation groups would nothave. But e varIOUS grants appears to h Ion. e funding level
it is not really a systematic approach, in terms of getting thefunds alffin From the BIA's perspectiveahe been1 at ~ barebones level all
~f g. Ha~': hlS g
there on a regularbasis. ili;:d the program operations? yh:td funeddin reduction
Senator ANDREWS. The role of tribal courts is clearly important
. programs funded, or did . ecreas the number
in the implementation of this act. However, the budget for tribal f~dingprovided the grantees? you sunply reduce the level of the
courts has remained relatively static since enactment of the act.
Have you conducted any studies, either through the SocialServices th. lr.~vFeRlITZ. Both were affec~hW reduce~
of funding. So it has de the number as well as
Division or the Tribal Government Services Division to determine e child~ena
nization serving the Indian deleterious effect on the orga-
the needsoftribal courts in the administration of thisact?
Mr. KRENZKE. Mr. Chairman, yes. The Bureau of Indian Affairs reSseernvaattoiornApNrDoRgErWamS?You did not re.quest any increase for the on-
has had some studies that have looked at the needs of tribalcourts
around the country, working with the National American Indian ~mMper.tiFnR~ITZ. We were to~.:ur
interests of ehold the line there. The various
t~hedss
CourtJudges Association. mtoSekeepm that ata level, but1t really forced our hand
g
SenatorANDREWS. Since this act was passed? nator ANDREWS But it a an Impact.
Mr. KRENZKE. Since this act was passed, yes. ~~daltlhit'dNo!~t ~~~~:;:$rilat~lvl~IY
SenatorANDREWS. Can webe provideda copy ofthe study? didnostt.aIt~uoon':;;~·~hation cons!ant loervdeel,ra's~
. e e ecision to cut t th rm IOn. So, m effect
Mr. KRENZKE. We would be pleased to provide that for the Il'i[iOU
the ability to funding in
rec[oSrudb.sequent to the hearing the following publication was submit- . t: KRENZKE. Mr. Chairmandr~hat0I.1 eon-reservation?
ministration's request was to ISessentially correct. The ad
ted for the record: "Indian Courts and the Future," report of the t~e off-r~se~ation
to keep the on-reservation fundinp funding and
National American Indian Court Judges Association long-range t~ea g
fhned, however, as a result of a/ontmum level. Whathap-
planning project, Judge.Orville N. Olney, project director, DavidH. w~
ere a net reduction of$1 . .ac Ion of the Congress is that
Getches, project planner/coordinator, 1978. The report, which was fro~
prepared under Bureau of Indian Affairs contract No. ,!e. continued to fund both th ~mn~irlleisoenrvatlO1t}he previouosfyf-eraer~rbvuat-
t;j.()n programs. So as Mr. Fritze and the
K51C142010 was printed by the U.S. Government Printing ~~attdh~re cutbac~~:
Office, Wash2i3n,gton, DC, stock No. 024-002-00065-9 and is retained has been a preVIously, the result of it
an in the sizes ofsome of th some of the numbers of
in
inSceonmamtoirtteAeNfDilResE.W] S. Some tribes have had difficulty obtaining anLto off-reservation programs e grants, both to on-reservation
funding for foster-care placements made by their tribal courts. t~:nator ANDREWS. A num~ of .
What is the Bureau policy with regard to payment of foster-care competitive grant processrTh trIBbeIAS have complained about
a~$nll?letVement of e'i.a.:::;n~mmh.':'h:e= regulationosf::r;:...;d:. b~~~
a
supMpro.rtB?UTLER. Mr. Chairman, the child-welfare assistance part of establish r,:nsideration
the Bureau'sbudget does provide for the payment of foster care, or factdoing. Could you explain how th riding level or criteria for
f~t
institutional care, where yOu have a tribal court custody order. It MrsByou considerin awarding fue process works and what
de~ments
daolleys sdooinnothtopsreoSvitdaetesthwahtertyepteheoSftfautendwineglf.arTehere have begeenneinr tl~•·h'i•·.•n•e•. gr,ranUtsTLaErRe.fYuneds,edM.orn Cahbaai.sr'moatfnn'hmTmehFg.e~. Bureau's position is that
stances, since enactment of the Indian Child Welfare Act, where es t1}at have been publishedin and.nee4· We haveguide
gran~.~fe$5aOreOaoo~<pu1ation le~~a1tReh
certain tribes have petitioned to reassume exclusive jurisdiction
of 3,000eor gister, wherein for
over child-custody proceedings, where some States have resisted 15 . " lor a pop I f ' ere IS a' maximum
the payment of foster care. In the States of Michigan, Wisconsin, ,0'!O, we have a $150OOOu a IO? greater than 3,000but less than
~fupopul~tion n:,~r:~m
and, for a short time, in Florida, the respective State welfare de of 15,000 i' grant. and for those with a
partments questioned the authority of tribal court orders in provid- i,$... e funding process for exam 8: maximum $300,000 grant
proposed by an Indian'tribe pe, If.you have a program that
ingSefonratthoorsAeNfDosRtEeWr-cSa.rIesptahyimseBnutsr.eau policy applicable in all the ~•.a ~rvice population of 1200a~~~dhI~ organization that Sup-
ll1
and need of thaotl' 12, ~ IC. IS under the 3000limit
StaMters. oBrUTinLEoRn.lyItsoismneo?t applicable in all States, sir. It is a supple- Aenstervice population £11 determine the funding
mentary program to the AFDC foster-care program. The States in ized<..•~...•.l•.tle.der•lesser grant than the' ,.0 course, would result in an
which the Bureau provides assistance, are those with significant .. the guidelines. maximum $50,000 that is author-
d
Indian populations such as Arizona, New Mexico, Nevada, the Da
kotas, Idaho, and Minnesota for Red Lake only. However, in a lot
7
6
Indian families and groups, and to increase the awareness and ultimately the re
M S retarwyinwe have some questions sub- S?urces ofthestatechildwelfareservices programsthrough the Federal/Staterela
Senator ANDREWJ' t r. th\we submitto youfor answers in tionshipoftheDepartmentofHealthandHumanServices.
mittedby Sewator or oil h:ve some questions from Senator Me! These successes are tempered by lingering issues, some procedural. others sub
the recdd. e r:e:ilier members of the committee. We appr~l­ stantive. These include concerns surrounding the Department's analysis and inter
pretation ofChild CustodyProceedings found in Title I ofthe Act. TheDepartment
cher an som~ 0 toda and we appreciate your usual candor m published. "Guidelines for StateCourts: IndianChild Custody Proceedings," on No
ate your commg Y vember 29, 1979. Although we have no solid data base, empirical experience, based
helping us make a complete recor.d. upon the number of notices received and inquiries for Indian status identification,
Mr. FRITZ. Thank you, Mr. ChaIrman. indicatesthatstatesarebecomingincreasinglycognizantofthe requirementsofthe
[The prepared statement follows:] Act asset forth in ourguidelines.
Recently. a thoughtful report preparedby AttorneySusan Work Haneyon behalf
PREPAREDSTATEMENTOFJOHNW•FIRlTZ'DEAPFUFTAYIRASSSDISETPAANRTTMSEECNRTEOTFARTYHEFOIRNTIENRDIIOARN ogrf~tdhuealOlykldaehfoinmeathInedisatantuLteograyliSnetervrpicreestarteiopnorotefdththeaAtcstt.aTtehecocuorutsrtshahvaevebefgoucnusetod
AFFAIRS(OPERATIONS),BUREAUOF NDIAN ,
Co itt I ampleasedto appearbefore you pnmarilyupon issuesInvolvingconstitutionalityoftheAct, applicabilityofthe Act,
Mr. Chainnanand membersofthe f ili:In:rior in order to discuss the imple burden of proof in termination proceedings, qualifications of expert witnesses, the
today, on behalfof t~e De~artweli 0 Act enactedinto law on November 8, 1978, definition ofIndianCustodian, application ofplacementpreferences. and the mean
mentationofthe IndianChild . e are 'th'theAct duringtheinterveningyears. As ing of "good cause" not to transfera child custody case from state to tribal court.
as wellas to reiterateourexpen:tcww~nthe conceptof protectingthe in~~estsof Other issues raised concern appointment of Counsel for Indian parents and full
you are aware, the Act was pre .ca it andstabilityof Indian familIes and faithandcreditfor tribalcourtproceedings.
Indianchildren,through probl~Ihn~~~~~imumFederalstandards ~orremoval The interpretive issues areofacritical nature and merit continued observation
tohfeIinrdgioavnecrnhmildernetns bfryomthetheesitra:dIISlu.rhr:es a::,d tehfleeicrtstuhbeseuqnuieqnutepclualcteumraelnvtaillulefsosotefrthoer fureosmtotheveoClvoen.gArebssr.igthhtesApodtminintihsitrsarteioanlmanhdowoetvheerr,cisomthmatenptuartsourasnatstothSeecAticotnco10n8tino f
adoptive homes. These stahdah.idweree kdfmally tribal governmentswere to be TitleI,we have hadten(10) tribespetition to reassumejurisdictionoverChildCus
communityfrom whencet e c 1. carf~ andchildserviceprograms. . tody Proceedings, nine (9)ofwhich have been approved and one (1) is undergoing
provided assistanceintheo~rhabo~dOal f ~merican Indians and Alaskan Na~l'v~ legalreview.
wiTthhiins iAtsctstermucbtoudriee,dththate.ihsigtheesptr10teee1::.i00n ~~d~tiuarltutroint~omfIintdiathnecohnilgdorienngWvailtuheins FaAmi.mlyorPerovgerxaimngs uprnodbelremTithlaesITbeoefnthtehaAtcot.f TadhmeiAnidsmteirninisgtrathtieonInhdaisancoCnhsiisldtenatnldy
familiar cultural andsocietalsuZ;ound::'themup. Thelaw was designedill.sucha supported grants to on-reservation organizationsbased on meritand need. The Ap
ofthetribes and the familli: WhIC~~thintheExecutiveBranch,could and, m fact, propriation Committees haveagreed with this approach. Obviously, we think that
°
way thatwe,t~e mortalsw wor WI . the position of funding cases based on merit and need is essential and necessary
have put themInto effect. fi rs I think it 15 safe to say that the sincewe have followed sucha guideline since the inception of the Federal Register
From our experiences over t.he past rve hi~h~ maybe not without some false announcements. Although during the past several years, many Indian tribes and
Astcatrtsis,mwaoyrkbiengn,otmwaiytbhoeu~nostomWIetdhko~iltrresdocmheangbe°'~thneCyarstoomfethoebvfaiomuisl,iepsosaintdivc~o.mre omtehnert soergekanaidzadtiitoionnsarlecfuenivdisnginreosroduerrcetos pfuulrlsyuafunntdtogTraitnlet pITrowpoousaldlshwavheicthhheaDveepmaret t
munities we serve-but It 15 wor ng.b::scand most importantly, Indian families, theapproval criteria. that truly is unachievable in this age of Federal Budgetcon
sults, We felt that ,Congress, the th~part of the Bureaucracy. We felt th!it straints.
wanted more than SImplemoveW;n mence thefixing, orat leastthe amelio ··'It can be argued that every program funded by Federal dollars could use more
Congress and Indian people wan . com f 11 ed the communitiesand famihes ~support,butalmostallfail toreceive themoneydesired.Thisoccurs, ofneces
ration, oflongstandingp'roblems wrhch~~~fo~h:'ebeen painful, in otherswe are SIty,becausethe Federalgovernment.likea family. must live within an established
fsotirllsogmetetitnigmes.taIrntesdo,mbeutlIm~s~lesw,e hteye.baesgpuencttoofsthoretlathwr.ough the issu.es and'have bguradngtest.aTnhdeirtefhoarse,futhrteheDrespoaurgtmhtetnotmhaaskseotuhgehdtealiwveorrykasbylset,emprumdoernetebfufidcgieenttfoarndthleessse
commencedfocus onthe.prob~ec:Vl~eethat wehaveseen a declinem our Child burdensomein orderto get more dollars through thesystem and into the hands of
Weare pl~asedto adVISe t e mrm dd residentialcareof child~en, a reduc- service organizations and. tribes. Because of these budget constraints, we hve pro
Welfare AssIstancecaseload offosteraecaarIrfeu:n that trend is continuinginto the cur posed to discontinue the fundingofoff-reservation organizations as weconsiderour
tion ofsome 300children: this p~t to the effectiveness of the Indian Child primary responsibility to be to Indian tribes. However, this proposal has put the
rent f1sc~year. We attn~ute thls S~n preventing Indian family break-up, and re Bureauatodds with theCongresswhichhasseenfit to restorethefundsfor the off
and Family ServICesgran p~ograIl? f '1 1'£ reservation programs, NevertheleSl!. it is essential to keep.in mind what that pro
habilitationeffortsto maintai~~ndlan arm y. ~e. found in Section 109ofTitleI of ~focused.on:simply,to fund tribalprograms, theprincipalthrustofBureau ac
.~bzeddt:,:~o;:'~~~er agr~rr:e~ts tlVlty,at a fair, reasonable,and prudent level-not to thespecific detrimentofoff
Additionally, tribes.have mutuallyacceptable
reservation programs since they can conceivably receive funding from alternative
theAct which authonzestri s.an Indian children. Such agreements mlmml2e
itnheprdouvpildiicnagtiochni.lodfwseerlvfIacree.wse:hryIcIhce/s0~d_~dmi.1f,ul.dhatethe19litmriibteesdhraevsoeunrceegsotoiaftebdotahgrtehee styopuercseos.flTohciasledsicmhuostotmbeyabdedtwreesesnedfurantdiionngalalyndanaddmopineinsltyeriinngorpdreorgfroarmtsheforrestpheecttwivoe
tribe andstate~ntheprC?VISIon0 servlffi rlwhich'hasinvolved12states.One land programsto planfor thefuture.
mentswith their res~tlvestates•.~: frorts of all the tribal representatIVes m 1I0wever, for the Committee's edification. over the past four (4)years, 1980-1983
mark "agreement" mvolv~ the jour eIe . lature enacted on April 6, 19~2, t~e (the·'FY 1984 grant application process is not yet completed with some 40 appeals
Oklahoma which resulted m the sta~ F~herwork is being encouraged m this remaining to be adjudicated), we have approved over 600grants. Indian tribes ac
"Oklahoma Indian Child Welfar~ A~. d to address not only resourcesutiliza countfor 76.2 percent of thegrants and 74.6 percent of the funding, while the off
critical area of tribal{stl;\te.r~latlo~s m or er reservation Indianorganizationsaccountfor 23.8 percentofthegrantsand 25.4per
Jurlr~ctl~h~~~:ittee centofthefunding;thisratiohasremained relativelyconstantover thisperiod.
tsiouAnm,lmsb~outtIeaalmasnopcilrieanstedetirca-ldtoaepuaatrVthmIos~ernt~albaltgr~eehrr~:ennt2t0h3·atothfwtTehiehtlaeDve1e1preaoirfntmitthieaentteAdocetf.ffHIonertasJlttahoncauonn~J tr~"..u."~rle"~"a'yuW'.srGawreeenaewrooafulfilacduesldiikcteeodvtoetrhcienognpcrtlohugdereaymbey,arrssetva1ite9inw8g0i,ntgh19a18t219t,hgaernaDdnet1pp9ar8ro2tgm.reTanmhtes'sianOuffdfoiicuterrooeffpotthhrtee.
Human Services, as Bureauto theAdministrationfor Native
~e.<l December 27, 1982, found no disallowed or questionable costs, but offered
1984 wedetaileda staffmem r rom . h agreement and AssistantSecre
Am~ricans to work full-time in.d.ev:l°lh~g:;r:rt~ February 22, 1984.We are con ....-- program recommendations: (1) Improve the grant review process to assure
tary Dorcas Hardy ~SrIsgom~fa1l~alnYtjoin ~. aISttem~tht·:n.-rtoesperrovgartaimonresourcesofthe~wo Itlhloantintoereidngischeesctkalbilsitshoefdgraasntapperrfeorremquainsciete;atonda(w3)armda;i(n2t)aidnevaelloisptinagmorordeatealabbaosreaotef
vinced thiswill bea effort to andoff-reservation
Departmentsto meetthe dIvergentn s
8 9
other Federal and state funding programs. These recommendations closely paral
&'Nf;.es [ACYF[ and the Administration for Native Americans
leled the findings and recommendations of an independent assessment issued Sep
tember 30, 1981,which was completed under a Bureau contract. That assessment
The Administration for Child Y th . .
provided an externalreview andstudyfor potential administrativeimprovementsin
programs and activities desi ren,. ou and Familiss supports
the program. Asa resultofthe 1981analysisandotherconsiderations,wepublished ~hildren, fa~f:atp::~rov:~hh
and promulgated revised regulationson September10,1982,to provideimprovedad youth and their quality°dof life for
ministration ofthe program. Asa resultofthese regulatorychangesand thelackof mg better services for vulnerabl~ child10puft~ISIS develop
significant programmatic problems, the Inspector General's Audit was cleared the developmental needs of low-incomd a IOn~ an meetmg
March 31,1983,after only three months suggesting a well managed program. On
ample, in fiscal year 1983 th H PSrtaeschool children. For ex
January 11, 1984,further proposed regulatory revisions were published to update
Indian Head Start . '.e ea rt program funded 93
the administration of the grant programs. Our previous experience in evaluating ~r~~~:g~il~ $33~~~i3~~ic;fi:~it;:;41~8~~dfh:H~~S~a~~
grant proposals hasbeen utilized to provide for a 3-yearconditionalapprovalthere
by removingthe annual reviewandsubmissionobstacleofIndian tribes andIndian of
organizationswhichhavereappliedyearly. pected to be se~ed~pan e , and additional Indian children are ex-
All ofthese actions, both the positive and the less positive, simplyserveto reiter
ate the Bureau and the Department's position, that is, Congress' intent and desire The ACYF also administers the Child W 1£ S .
for a sensible jurisdictional and carelcustody program for Indian children isbeing authorize? under title ~V-B of the S~cialSe~ritekt~s~gram
carriedout. Welook forward to continuedgoodrelations in the evolutionofthe Act esta~lish'
gram dSIStS State public welfare agencies in tprr
with affected tribes, states, families, and governmental agencies charged with the
~~~~ i~r:hn~hhening l~~d~~n~
Act's implementation. childd welfare servcies. to enable
This concludes my prepared statement, and I will be pleased to respond to any . eir omes un er the care of th ' ts
questionstheCommitteemayhave. that IS not possible to provide It te ell"paren or, where
them. ' a erna permanent homes for
Senator ANDREWS. Our next witness will be Casimer Wichlacz,
ye~n1~S3,e::~~e~~t~:'~ial ~ecurity ~ginnin~
Deputy Commissioner ofthe Administration for Native Americans,
Act" in fiscal
Department of HHS. It is good to have you here, Mr. Commission
meeting the child welfare pI ed directly to eligible Indian tribes
er. We will be glad to hear your testimony, which you maysumma :ji242,78<f~~~~~~~eo~~3 ~d" tfi~bcal
rize in any way you wish. year.1983, grants totaling In
m nme States In fiscal year 1984 . . Ian rr es
~ill 'il i~cl~ate
STATEMENT OF CASIMER WICHLACZ, DEPUTY COMMISSIONER, Indian tribes be eligible and we that additional
1984and future years. WI app y or unds for fiscal year
ADMINISTRATION FOR NATIVE AMERICANS, DEPARTMENT OF
In addressing Indian child 1£ thi
HEALTH AND HUMAN SERVICES; ACCOMPANIED BY LOUISE ~tProved p~bli~eLa~ ~6~~7~h~~:Ad
ZOKAN-DELOS REYES, SENIOR INDIAN CHILD WELFARE SPE implementation of wi;! beAson
CIALIST, BUREAUOF INDIANAFFAIRS; FRANK FERRO, DEPUTY SIS ance and Child Welfare Adt' f 1980 t~'e op IOn
mented State and Federal f 0 Th' and problem of frag
ASSOCIATECOMMISSIONER, ADMINISTRATIONFOR CHILDREN, to increase preventive servi~~~~d . rough thiseffon:, we intend
YOUTH AND FAMILIES, HHS; AND DAVID A. RUST, DIRECTOR, prove coordination of child welfare Ei:m~encyl~rnmgand l~-
OFFICE OF POLICYANDLEGISLATION, HHS .welfare services with tribes and St t nnmg an e Ivery of child
Th Ad '" a es.
Mr. WICHLACZ. Thank you, Mr. Chairman, for the opportunity to e mInIstratIOn for Native A . .
ec(:tNi~ self-suffi.~iency Americr:I~ili:rrs~oAi:k~ocNa;.
present an overview of the activities within the Office of Human for and
Development Services that support the Indian Child Welfare Act of ~ial d;lve Hawaiiansthrough competitively awarded gran~IVfu;
1978. Accompanying me this morning are several colleagues from i:e~~~:~i~:o:c{~u::s incrd~iIl!f -dete~mi­
nation ?n Indian self
the Department of Health and Human Services. On my left is
David Rust, the Director of the Office of Policy and Legislation; on other goals of economic d 1 rvices an IS mterrelated with its
gov~rnance, e;~l~p::re~d~nd1°Yb~nance.
my right is Mr. Frank Ferro, the Deputy Associate Commissioner the primary In regard to
for the Administration for Children, Youth and Families; and to their cultural and social standards in ~hildrt tJoverndments and
his right is Louise Zokan-Delos Reyes, who is on detail to the Ad bprroeackee-udpinogfsIinsdrieacnofg:namilz~ld' abs "emg Instrumecnutsal iny parnevePnlaticnegmtehnet
ministration for Native Americans as a senior Indian welfare spe ies.
cialistfrom the BureauofIndian Affairs. . T.he Administration for Nativ A.' ,
mg Indian child 1£ e . mertcans ~trategyfor address
The basic mission of the Office of Human'Development Services velo . we ar~ co~cerns mcludes SOCIal and economic de-
within the Department of Health and Human Services is to reduce ~ment grants; replIcatIOn ofinnovative techniques and ro-
dependency among various populations through programs that ~rdi~~nt·cePts, drefedrred to as technology transfer efforts· Fed~ral
foster the optimal development of individuals and families. The IOn; an a vocacy. '
provision of services to prevent, reduce and eliminate dependency The Administration for Native A . f: ds .
::~~t1~;e~~~~~~~~~~ts~:t wi~~~a:sih~~e:~s~li~~c~ci~
emphasizes a balance between social and economic development in
local communities. Within the framework of promoting self-suffi
ciency, the Office of Human Development Services addresses the ments for financial assistance fu~sthere~caelnPdopJriotgsram. announce
child welfare concerns of American Indian families and children ltleasuresand results expected in th artIculate the
th~~O:~a ~hildP:eif:r:i~~I~~
primarily through the Administration for Children, Youth and ,amplesofthe types ofoutcomes in of
11
10
Co~gress.servoince~April 27, 1983~llD' dund~.ng
SOCIal block grant irect. under.the title XX
the assumption ofcontrol of planning and delivering social services ~n oVl
funds, addition to discretiont: e tribesa basis for ongoing
on Indian reservations by Indian tribes and Indian organizations in
the SOCIal services block grant . y lmoneys. DIrect funding under
off-reservation areas; increase in Indian children adopted or placed
source for Indian tribes to su IS a so-expected to be a major re
in permanent homes in compliance with the Indian Child Welfare tf:~ret~elr
Although not yet acted on own chi!d welfare services.
Act, who would otherwise be in foster-care institutions; increase in
contmue to be pursued by th D ongress, this amendment will
Indian children returning to their own homes from foster care; in ~e~tment:
crease in number of developmentally-disabled Indian children The Office ofHuman Deveiimo~r
other Federal agencies to tISdt:VIces also coordinates with
servedby appropriate agencies, including adoption; and decrease in ~vh ~elfare
Support has been provided to n Ian child services.
general-assistance welfare caseload and Aid to Families with De ~~ ~tates coope~t~ce
and through J,he relationship between
pendent Children caseloads in Indian country. dian Affairs, the Administrati f e o~ With the Bureau of
We believe it is important for all agencies involved in services to ~mmission Rel~ti ~Ive
on State-Tribal or Americans, and the
cooperate and coordinate. Here are a few examples within the CO~ffi1ssion
u.nproyeState and tribal inter ons. e works to
Office of Human Development Services, which represents the coop ~ificaltIon elemen~~~rS:~n_~~balelatIonl?
of productive through iden-
eration ofthe Administration for Native Americans and the Ad- fr~e~ork
eve opa for new ones. e n relationships and to
ministration for Children,Youth and Families.
A project by the American Indian Law Center offers tribes tech- The Commission grew out of work doCe "
ence ofState Legislatures the National by the National Confer-
nical assistance in the area of permanency planning, which previ ans~ }O~
the NationalTribal Chairma ongressofAmerican Indi
ouslyhadbeentargetedonly to States. Permanency planning is the Indian Law Center Ex erien ens ssociation, and the American
determination of each child's future in the best interest of that e~:~uy:ests th~t
to significant resuits. -}.or this cooperation leads
child. For example, this may involve preventing family break-uP, l~lsseton-Wahpeton
hSas entered into a cooperative fhiidthe Tribe
the return of children to their homes, where possible, and the ~eement
tate of South Dakota. Throu h . we are with the
placement of children unable to return to home to a permanent ~ J~lS
welfare case load has declined cooperative effort, the child
home arrangement other than an institutional setting. This is not ~ per~ent
At the Federal level th SInce1981.
only in the best interest of the children, but it is also cost-effective eA1fui~~ I:~la~
from .the Bureau of Indian child welfare specialist
I~ OOffi
anAdnreodthuecresprdoejpeecnt,dtehnecyN.ational American Indian Court Judges As- mon:lSeng, currently working with the accomfHPanymg me this
sociation, is assisting in the tribal development of locally-deter men rvices to assist in desis~l.~g Ice 0 uman Develop
plan f?r Indian child welfare ar,coherent and comprehensive
mined and culturally-specific approaches to enhancing parenting 1;>0~~
t!Ye will coordinate the Vices or agencies. This initia
skills. These services are designed to assist tribes in strengthening America~:s~h~c1A/:~:d.a~tIv!tIes
tion for Native of the Administra
family life and preventing the break upof families. The project in andulFami~ies, s ~ldren,
and the Bu;eau of Ail.°·n for Youth
cludes the Ponca Tribe of Oklahoma, the Eastern Band of Chero
reshants-onented and will establish nf airs. ThIS effort will be
kee, Zuni Pueblo in New Mexico, and the Fort Belknap Tribe in
c ge and progress. a ramework for measuring
MoTnhteanBal.ackfeet Community College is conducting another project prIon~cshummary, the Office of Humif:
to improving Indian child Development Services' ap-
designed to prevent fetal alcohol syndrome among Plains Indians. ~atinthg i~d·serVItc.ebs
This model is designed to reduce the number of fetal alcohol syn ~g Federa.I efforts and supportf:g involves coordi
ose services that best mt':t h . Ian rt es m implement
drome affected infants born on the reservation. In addition, it will ~ur Inclu~ed
18 support for State and t eir needs. in this effort
promote curricula changes in health courses at local colleges and welfar~I~:1~eeTh·nts
the high school level. The overall result of this project will be to IdheillIl.very of tribal child ;hI~h' lit~pwrhohicahch,facilitate the
besf:t address the problems re we believe,
reduce the developmental and educational problems stemming s~
~~l1i11a1ndamilies and canstbabeisltit~rot ts;~~ ~tnterIfneststl e bIrneda~kanup of
froTmhethOisffsiceeveorfeHdeufmecat.n Development Services also plays a role in es. promote the a:d ri yond?Iafn tribescahnild-
policy development, advocacy for Indian families, implementation
and modification of statutes or regulations which provide incen ~.lappreciate this opportuni~t e~tti~~ya~
be happy to answer any beforehthe committee. I
tives for strengthening tribal governments. Fiscal incentives, such ~tor !fi~y
as title IV-B of the Social SecurityAct, enable tribes to take direct ~9~? ANDREWS. Tharnekp~touf~Mor:t~Dmlusslonera.ve at this time.
Inspectorgeneral's The December
responsibility for providing social services. In addition, the joint ~eJ~~. co~du~:dtm3nt
planning process under this program is perhaps the most signifi that yo'!-rdepartment had of the Interior
tee' .'th Ian Family Support Project." C a -year study, enti-
cant component of the program. The joint planning process links MWl •
a copy of that study? an you supply this commit-
the Department and the Indian tribes on a government-to-govern
ment basis in the technical development and improvement of child ~~at,~s.tWudIJC:'HLAwCiZilMlor~kCihanit~a~nI/i ~lltb:echificallY
I familiar with
eCOmmlttee. ,WI appyto provide it to
welfare services.
Another advocacy effort of the Department is the development of
legislation for title XX direct funding to Indian tribes, submitted to
12 13
sure where it is in the archives, Mr. FERRO. It was based upon the formula utilized. The formula
Senator ANDREWS. But yo~ are h committee? utilized to determine allotments to the eligible Indian tribes is the
iTtha.n~ ~r~f h~ve
and you can find sethnd It heard of it, Mr. Chairman. same that is used to make allocations to the States: that is, popula
Mr. WICHLAC~. ISIS e.. ou tion under age 21 and poverty. That was the determination that
prkv:~etl~st~at
I will do my very best to h 'when our committee staff was made in the proposed regulation, published in the Federal Reg
Senator ANDREWS. I thin been doing in your department ister, and the final rules that were published on May 23,1983.
knows more about what you ave
Senator ANDREWS. With respect to the study ANA is undertak
than you do. Ii aid it was a Department of the In- ing, what is your plan of operations, and what is your time frame
Mr. WICHLACZ. ~ be ieve you s
for completing the study? .
terior IG report, SIr. B t time an IG report concerns the Mr. WICHLACZ. I believe the study referred to, Mr. Chairman, is
Senator ANDREWS. Sure, u. an~ I I would make certainI knew
r~sponsIb§e ~ry' the agreement we have with the Bureau of Indian Affairs to have
department that I am ou can pick it up and send it
the senior child welfare specialist working on detail with our de
where it was and what It says. 0 1
partment. This is anticipated to be a I-year detail, and we are
on to US, it will be help~ul
Mr. WICHLA~Z. Yes'hs1r.. the report was supplied for the record working currently at the stafflevel with the Department of the In
terior, the Bureau of Indian Affairs, and within the Office of
[Subsequentto the earmg
comImI:~ee Human Development Services to develop an action plan that in
and is retained in t.fth'·60ngress legislation was enacted
volves several components. One of the components will be to identi
Senator ANDR~WS. n e rams to 'Indian tribes .through a
fy those projects, activities, and findings from research, demonstra
to provide funding of some progt 1 ed an informatIon on the
eve ~tilize tion and evaluation efforts that would be of some use and interest
block grant process. Have you oPble to funds for child
toIndiantribes and Indian organizations in this area and to ensure
.extent to which the tribes have een a' so what have yoUfound?
welfare through these pro~ams;~dth~ft I~dian tribes are eligible the maximum availability of that to those to whom it might be
helpful. That is one aspect ofit.
Mr WICHLACZ. The bloc gran assistance program and
~hich 10i-in~om:n~neJ~not The other aspect is coordinating our funding and our program
for, include the have a specific child
the community services b oc ~ e'have any specific informatIon development activities, As we look forward to our program an
~ies nouncements and our current funding activities in fiscal year 1984
welfare focus. I do not kntow th: conducted under these block
on any child;welfare-rela ed ac IVI and anticipatingour plans for 1985,we sawthis would be an oppor
grants. rds to the best of your know~edge, tunity for us.to do greater coordination of our respective resources
Senator ANDREWS. In other wo , 'lable to the tribes havmg to and program interests, where they and we have an overlapping in
there are no block grant programs avai terest.
The third effort is a very assertive effort to implement the sec
do with child welfare?h' ti that is correct, Mr. Chairm!ln. As I
Mr. WICHLACZ. At t IS Imede~r t funding under the Social Serv- tion 428 of the Social Security Act, with direct funding of title IV
mentioned, we have propos irec B; which I mentioned. Probably more effective than the money,
perhaps, is the joint planning effort that this involves in our de
ices BlockGrant--B t th e are none available at this time?
Senator ANDREWS. u er . partment with the Indian tribes. We think that this link to the
S~~tement l~ss
Mr. WICHLACZ. Not as a block grant, indicates that tribes on a routine basis, having them as part of a network that
:su~~der
Senator ANDREWS. TJ::tankyou'.y section 428of the.SOCIal previously statutes like titleIV-B only connected the States to, will
than $250,000was recelv bYtdb allocated to the tribes? Is It on a have a very significant impact in improving services to Indian chil
Security Act. How are theedse fun s dren andtheir families.
formula basis? . . n a formula basis, based on Senator ANDREWS. When did the detail start?
Mr~ WICHLACZ. y'es, the allocatIo:r:s factor. For Indian tribes, we Mr. WICHLACZ. It started on January 3, Mr. Chairman, of this
population and weIghted on; ~~; allowable under the statute for Year, and we anticipate it going to 1yearfrom that date.
use the maximum poverty a f that most reservatIons rep Senator ANDREWS. So you are not going to complete the study
States or territories on t~e assump Ion until January of next year?
~hge~~{~ya~~~"nt
resent a population thoa} of $242,000, how much Mr. WICHLACZ. I would not characterize it, Mr. Chairman, as a
Senator ANDREWS. e . Tribe? study so much as a process of coordinating our Federal efforts in
~o theINa$v~O w~
money was allocated 000 allocated to the Navajo theareaof Indian child welfare services.
Mr. FERRO. ApprOXImate Y , 8eIlator ANDREWS. Do you expect to develop any legislative pro
Tr~~ator $2:~~2°~eside. PQ8als?
ANDREWS. $160,000outof Mr. WICHLACZ. We certainly will be examining legislative and
Mr..FERRO. In the three Statehw;ebout t90000 to allocate to the b~dget issues, Mr. Chairman. At this time, there would be no spe
Senator f\.NDREWS. Then you a a ,
cificlegislative issues that we have on theagenda.
other 22 tribes? Senator ANDREWS. Unless you develop legislative proposals out of
Mr FERRO. Yes. .' tif that? thisstudy, are you notjustspinningyour wheels?
Se~atorANDREWS.How do you JUs1Y .