AMENDED IN SENATE AUGUST 29, 2025

CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION

97

Introduced by Assembly Member Rogers

(Coauthors: Assembly Members Aguiar-Curry, Ahrens, Alanis, Ramos, Michelle Rodriguez, Sanchez, and Wallis)

February 21, 2025

An act to amend Section 10553.1 of the Welfare and Institutions Code, relating to child welfare.

Vote: majority   Appropriation: no   Fiscal committee: yes   Local program: no

LEGISLATIVE COUNSEL’S DIGEST

Existing law requires, upon an Indian tribe’s request, the State Department of Social Services to enter into an agreement with a tribe, consortium of tribes, or tribal organization regarding the care and custody of Indian children and jurisdiction over Indian child custody proceedings, and requires the department to negotiate in good faith with the Indian tribe, organization, or consortium in the state that requests development of an agreement with the state to administer all or part of the programs under Title IV-E of the Social Security Act on behalf of the Indian children who are under the authority of the tribe, organization, or consortium. Existing law makes an Indian tribe, tribal organization, or tribal consortium that is a party to an agreement eligible to receive allocations of child welfare services funds, in accordance with the agreement.

Existing federal law, the Family First Prevention Services Act of 2018, among other things, provides states with an option to use federal funds under Title IV of the federal Social Security Act to provide mental health and substance abuse prevention and treatment services and in-home parent skill-based programs to a child who is a candidate for foster care or a child in foster care who is a pregnant or parenting foster youth, as specified. Existing law establishes the Family First Prevention Services program, and requires the department to have oversight of the program. Existing law authorizes a county or Indian tribe, consortium of tribes, or tribal organization that has entered into the above-described agreement with the state that elects to provide prevention services to provide those services for certain individuals for a certain period.

This bill would provide that agreements between the department and a tribe, consortium of tribes, or tribal organization regarding the care and custody of Indian children and jurisdiction over Indian child custody proceedings include agreements that prevent entry into foster care, and would authorize such an agreement to be made for the sole purpose of the administration of prevention programs under the Family First Prevention Services program. The bill would also, subject to an appropriation for these purposes, require the department to provide funding to tribes, tribal organizations, or tribal consortiums to support the cost of independent legal representation provided by an attorney for a child and the child’s parent, guardian, and Indian custodian pursuant to an agreement under the above-described provisions. The bill would require the department, by March 31, 2026, and in consultation with Indian tribes, to develop a cost allocation plan to allow specified funds to support the costs of independent legal representation.

The people of the State of California do enact as follows:

SECTION 1.

Section 10553.1 of the Welfare and Institutions Code is amended to read:

10553.1.

(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, any of the following:

(1) 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.

(2) Agreements that prevent entry into foster care.

(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.

(7) An agreement under subdivision (a) may be made for the sole purpose of the administration of prevention programs pursuant to Chapter 7 (commencing with Section 16585) of Part 4.

(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) (1) Subject to an appropriation of funds for this purpose, the department shall provide funding to tribes, tribal organizations, or tribal consortiums to support the cost of independent legal representation provided by an attorney for a child and the child’s parent, guardian, and Indian custodian in foster care proceedings under the jurisdiction of an Indian tribe, tribal organization, or tribal consortium that has entered into an agreement with the state pursuant to subdivision (a) to administer all or part of the program under Title IV-E of the Social Security Act (42 U.S.C. Sec. 671 et seq.).

(2) The department, in consultation with Indian tribes with an executed agreement under subdivision (a), shall develop a cost allocation plan by March 31, 2026, consistent with federal law, that allows for administrative funds under Title IV-E of the Social Security Act (42 U.S.C. Sec. 671 et seq.) to support the costs of independent legal representation.

(f) 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.

(g) 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.