Notice2025-13790
Providing Technical Assistance Related to the Indian Child Welfare Act
Primary source
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Published
July 22, 2025
Issuing agencies
Health and Human Services DepartmentChildren and Families Administration
Abstract
The Administration for Children and Families (ACF), Children's Bureau (CB) is seeking public comment, in particular from State and Tribal title IV-B agencies and Indian Tribes, Tribal organizations and consortia (Tribes), and State and Tribal courts on providing technical assistance related to the Indian Child Welfare Act of 1978 (ICWA), removing undue burden related to meeting the requirements of title IV-B of the Social Security Act (the Act), changes to the Court Improvement Program, and amendments aimed at increasing the number of studies of programs and services eligible for review by the Title IV-E Prevention Services Clearinghouse. ACF is issuing this Federal Register Notice in response to requirements in the Supporting America's Children and Families Act, Public Law 118-258. The comments ACF receives in response will inform ACF's work to meet the new requirements in Public Law 118- 258. ACF is also planning to hold consultation with Tribes later this year on these topics and will announce that through Dear Tribal Leader Letters. This Federal Register Notice is in addition to ongoing ACF consultation with Tribes, including consultation on title IV-B provisions not included in this Notice.
Full Text
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<title>Federal Register, Volume 90 Issue 138 (Tuesday, July 22, 2025)</title>
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[Federal Register Volume 90, Number 138 (Tuesday, July 22, 2025)]
[Notices]
[Pages 34506-34509]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-13790]
[[Page 34506]]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Administration for Children and Families
Providing Technical Assistance Related to the Indian Child
Welfare Act
AGENCY: Children's Bureau, Administration for Children and Families,
Department of Health and Human Services.
ACTION: Request for Public Comment
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SUMMARY: The Administration for Children and Families (ACF), Children's
Bureau (CB) is seeking public comment, in particular from State and
Tribal title IV-B agencies and Indian Tribes, Tribal organizations and
consortia (Tribes), and State and Tribal courts on providing technical
assistance related to the Indian Child Welfare Act of 1978 (ICWA),
removing undue burden related to meeting the requirements of title IV-B
of the Social Security Act (the Act), changes to the Court Improvement
Program, and amendments aimed at increasing the number of studies of
programs and services eligible for review by the Title IV-E Prevention
Services Clearinghouse. ACF is issuing this Federal Register Notice in
response to requirements in the Supporting America's Children and
Families Act, Public Law 118-258. The comments ACF receives in response
will inform ACF's work to meet the new requirements in Public Law 118-
258. ACF is also planning to hold consultation with Tribes later this
year on these topics and will announce that through Dear Tribal Leader
Letters. This Federal Register Notice is in addition to ongoing ACF
consultation with Tribes, including consultation on title IV-B
provisions not included in this Notice.
DATES: Comments must be received by September 22, 2025.
ADDRESSES: In response to requirements in Public Law 118-258, this
Federal Register Notice is soliciting input from States, Tribes, State
and Tribal courts, and the public on the questions below. You may
submit written comments, identified by docket number and/or Regulatory
Information Number (RIN), through the Federal eRulemaking Portal:
<a href="https://www.regulations.gov">https://www.regulations.gov</a> on or before the due date. Follow the
instructions for submitting comments. All comments received will be
posted without change to <a href="http://www.regulations.gov">www.regulations.gov</a>, including any personal
information provided.
FOR FURTHER INFORMATION CONTACT: Joe Bock, Children's Bureau, (202)
205-8618. Telecommunications Relay users may dial 711 first.
SUPPLEMENTARY INFORMATION:
Background
Under title IV-B of the Act, funds are available to States and
Tribes to promote flexibility in the development and expansion of
coordinated child and family services programs that utilize community-
based agencies, family support services, family preservation services,
adoption promotion and support services, and family reunification
services to ensure all children are raised in safe, loving families.
Funds are available under title IV-B for the following:
<bullet> Stephanie Tubbs Jones Child Welfare Services Program:
Title IV-B, subpart 1 provides funds to support preventive
intervention, alternative placements, and reunification efforts to keep
families together (section 422 of the Act).
<bullet> MaryLee Allen Promoting Safe and Stable Families Program:
Title IV-B, subpart 2 provides funds to assist with family support,
family preservation, family reunification services, and services to
support adoptions (section 432 of the Act). It also sets aside funds
for additional grant programs, including the Court Improvement Program
and Kinship Navigator Grants. The Court Improvement Program provides
funds for assessing and improving court processes to provide for the
safety, permanency, and well-being of children and increase and improve
engagement of the entire family in court processes relating to child
welfare, family preservation, family reunification, and adoption. The
Kinship Navigator Grants provide funds to implement and evaluate
programs that assist kinship caregivers in learning about, finding, and
using programs and services to meet the needs of the children they are
raising and their own needs.
In order to receive Federal funding under title IV-B of the Social
Security Act, a State or Tribal agency requesting title IV-B funds must
submit a 5-year Child and Family Services Plan (CFSP), Annual Progress
and Services Reports (APSRs), and form CFS-101 (see section 432(a)(8)
of the Act and 45 CFR 1357). The CFSP is a strategic plan that sets
forth a vision and goals to strengthen a State's or Tribe's child
welfare system. It outlines initiatives and activities that the State
or Tribe will carry out over the next 5 years to administer and
integrate programs and services to promote the safety, permanency, and
well-being of children and families. The APSR provides an annual update
on the progress made by States or Tribes toward the goals and
objectives in their CFSPs and outlines the planned activities for the
upcoming fiscal year. In the CFS-101, States and Tribes submit an
annual budget request for the upcoming fiscal year, a summary of
planned expenditures by program area for the upcoming fiscal year, the
estimated number of individuals or families to be served, the actual
expenditures for the last fiscal year by program area, and the numbers
of families and individuals served by the program. See recent issuances
for the APSR in ACF-ACYF-CB-PI-25-01 and ACF-ACYF-CB-PI-25-02 and for
the CFSP in ACF-ACYF-CB-PI-24-02 and ACF-ACYF-CB-PI-24-03.
The Supporting America's Children and Families Act, Public Law 118-
258, was signed into law on January 4, 2025. This law reauthorizes and
amends programs under title IV-B of the Act. Changes take effect on
October 1, 2025, and apply to payments for calendar quarters beginning
on or after such date, unless a delay of implementation is authorized
as described in the law. The law requires consultation with Tribes and
States on implementing certain provisions. The provisions that are the
topic of this Notice are explained below, in paragraphs I through IV.
The Questions for Comment that are associated with each topic area are
located at the end.
I. Technical Assistance Related to ICWA: Section 422(b)(9) of the
Act requires States to describe in its CFSP the specific measures taken
by the State to comply with ICWA. ICWA was passed by Congress in 1978
to address the long history of failing ``to recognize the essential
Tribal relations of Indian people and the cultural and social standards
prevailing in Indian communities and families'' (25 U.S.C. 1901(5)).
ICWA protects the ``best interests of Indian children and promotes the
stability and security of Indian Tribes and families by the
establishment of minimum Federal standards for the removal of Indian
children from their families and the placement of such children in
foster or adoptive homes which will reflect the unique values of Indian
culture, and by providing for assistance to Indian Tribes in the
operation of child and family service programs'' (25 U.S.C. 1902). As
one Tribal leader told Congress, Tribes cannot long survive as ``self-
governing'' communities if they cannot pass their ``heritage'' on to
the next generation (Mississippi Band of Choctaw Indians v. Holyfield,
490 U.S. 30 at 33-34 (1989)). Congress thus recognized that, by
severing that connection to future generations, the breakup of Indian
[[Page 34507]]
families threatens ``the continued existence and integrity of Indian
Tribes'' (25 U.S.C. 1901(3)). As the Supreme Court noted in a case
interpreting ICWA, ``Congress found that the breakup of Indian families
harmed not only Indian children and their parents, but also their
Tribes'' (ibid). Section 107(a)(2)(A) of Public Law 118-258 expands the
requirement in section 422(b)(9) of the Act by directing States to
describe how they will ensure timely notice to Indian Tribes of State
custody proceedings involving Indian children, foster care or adoptive
placements of Indian children, and case recordkeeping as such matters
relate to transfers of jurisdiction, termination of parental rights,
and active efforts. Section 107(a)(2)(B) of Public Law 118-258 created
a new section 429B of the Act that requires HHS, in consultation with
Tribes and States, to develop a plan to provide technical assistance
(TA) to support the effective implementation of ICWA. ACF believes that
States and Tribes working together to ensure that the protections of
ICWA are afforded to Indian children is paramount. Currently, States
are required to report in the CFSP/APSR the consultation,
collaboration, and coordination with all federally recognized Tribes
within their jurisdiction on all aspects of the development and
oversight of the CFSP/APSR. This includes State compliance with ICWA,
the arrangements for providing permanency planning services for Tribal
children in the care of the State or Tribe, and the provision of
independent living services under the Chafee Foster Care Program for
Successful Transition to Adulthood (Chafee) program (see the report
States' Consultation and Collaboration with Tribes and Reported
Compliance with the Indian Child Welfare Act: Information from States'
and Tribes' 2015-2019 Child and Family Services Plans for a summary of
the information States provided in their 2015-2019 CFSPs in accordance
with the statutory requirements regarding their compliance with ICWA
and State consultation and collaboration with Tribes). Tribal
Consultation and input regarding improving compliance with ICWA has
taken place for many years, recently in 2023. Additionally, the
Children's Bureau has supported TA on ICWA, including through the
following:
[cir] State-Tribal Partnership Grants to Implement Best Practices
in Indian Child Welfare support TA by agencies, courts, and communities
working jointly to implement best practices to serve American Indian
and Alaska Native children in or at risk of entering foster care. These
grantees also have a peer network supporting their TA.
[cir] The Capacity Building Center for Courts provided
comprehensive TA to courts and their partners to advance the effective
implementation of ICWA across jurisdictions, including products and
tools, peer networking activities, individualized expert consultation,
and education on ICWA through a variety of tools and resources such as
podcasts, webinars, guides, and briefs. This included developing model
court data projects to assess ICWA practice and providing tailored
services to States and Tribes on ICWA. The Capacity Building Center for
States and Tribes provided TA to State and Tribal child welfare
agencies to support practice elements of ICWA through peer networking
activities, publications, and tailored support. This work continues
through the National Centers for Innovation and Advancement.
In light of the mandate in section 429B of the Act and ongoing
government-to-government relationship building among the Federal
government, State government, and Tribal governments, ACF believes it
is important to obtain specific feedback on how best to implement the
requirements in section 429B of the Act.
II. Reducing Administrative Burden: Section 106(f) of Public Law
118-258 added section 441 of the Act, which requires that HHS reduce
the administrative burden of a State/Tribe by 15 percent in
administering the title IV-B program, eliminate duplication, and
streamline reporting. Specifically, HHS must: (1) eliminate duplication
and streamline reporting requirements for the recipients, (2) analyze
the total number of hours reported by the recipients to comply with
paperwork requirements and reduce the number of hours required for
compliance by at least 15 percent, (3) collect input from the
recipients with respect to fiscal and oversight requirements, and (4)
respect the sovereignty of Indian Tribes when complying with these
requirements. Additionally, section 428(b) of the Act, as amended by
section 107(a)(3) of Public Law 118-258, allows HHS to modify any title
IV-B reporting requirement for Tribes whose allotment under title IV-B,
subpart 1 is less than $50,000 for the fiscal year (FY). Requirements
related to reporting on aspects of title IV-B programs were issued in
the regulations at Sec. 1357. Issued in 1996 (61 FR 58655, Nov. 18,
1996), the goal was to have agencies create a comprehensive,
consolidated plan because it ``is imperative to the development over
time of a comprehensive child and family service system which is
accessible, coordinated, flexible, built on and linked to community
services and supports, and able to serve children and their families in
a more effective and responsive way'' (61 FR 58633). Since then, the
title IV-B statute has been revised and expanded to include more
service categories, more grant programs, and ultimately more reporting.
The most recent annual burden estimates indicate that approximately 180
Tribal entities and 53 States (including Puerto Rico, the District of
Columbia, and the Virgin Islands) currently receive title IV-B funding
and must complete the CFSP every 5 years, and the APSR and CFS-101
annually. The estimated annual burden per respondent for the CFSP is
123 hours, for the APSR is 82 hours, and for the CFS-101 is 5 hours
(see 88 FR 15727 and note that these estimates do not account for
variances between larger or smaller populations). With the mandates of
Public Law 118-258 on reducing burdens for title IV-B agencies, ACF
believes it is important to request specific feedback on how this may
best be accomplished for States and Tribes.
III. The Court Improvement Program: Section 438(e) of the Act, as
amended by section 104(d) of Public Law 118-258, includes amendments to
requirements around remote hearings and provides additional funding
aimed at ensuring continuity of courts and legal services. The
amendments require HHS to issue best practice guidance every 5 years
for technological changes needed for remote court proceedings and to
consult with Tribes on the development of appropriate guidelines for
State court proceedings subject to ICWA. This must include best
practice guidance for State courts on how to maximize engagement of
Tribes and support appropriate practice in remote hearings in ICWA
cases. In addition, section 438(c)(3) of the Act, as amended by section
107(b)(3) of Public Law 118-258, increased annual funding to $2,000,000
for FYs 2026-2029 for the Tribal Court Improvement Program. From 2012
to present, with $1,000,000 per year funding, CB has provided grants
with an annual ceiling of $150,000. The ceiling was determined in
consultation with Tribes in 2012 and is not set in statute (see ACF
Tribal Consultation Response: Tribal Consultation for the Tribal Court
Improvement Program). Since 2012, few larger population Tribes have
applied for these grants. ACF thus wants to engage with Tribes on
whether to revise the grant ceiling.
IV. Increasing Studies of Programs and Services Eligible for Review
by the
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Title IV-E Prevention Services Clearinghouse: Section 435(f) of the
Act, as amended by section 108(a) of Public Law 118-258, authorizes
competitive Prevention Services Evaluation Partnership Grants to
support the timely evaluation of Title IV-E Prevention Services and
prioritize increasing the number of studies of programs and services
eligible for review by the Title IV-E Prevention Services Clearinghouse
(Clearinghouse). Section 427(b)(3) of the Act, as amended by section
110(b)(1)(C) of Public Law 118-258, revises the grant requirements for
the Kinship Navigator Program to require that grant applicants describe
how they will fund or provide data to HHS for an evaluation that will
publish and submit information to the Clearinghouse. The Clearinghouse
was created in 2018 and is authorized under sections 471(e)(4)(D) and
476(d)(2) of the Act. The purpose of the Clearinghouse is to conduct an
objective and transparent review of research on programs and services
intended to provide enhanced support to children and families and
prevent foster care placements for the Title IV-E Prevention Services
Program and Kinship Navigator Program (section 471(e) and 474(a)(7) of
the Act). Title IV-E Prevention Services Programs and Kinship Navigator
Programs rated by the Clearinghouse meet HHS practice criteria, which
are outlined in section 471(e)(4)(C) of the Act. Since 2018, ACF has
heard from many stakeholders that the number of programs and services
rated by the Clearinghouse that meet the HHS practice criteria is
limited, particularly programs and services that consider the culture
and context of Tribal communities. ACF also understands there are
limited rated programs for the Title IV-E Kinship Navigator Program.
This highlights the need for additional well-designed and rigorous
evaluations of programs and services that can meet the HHS practice
criteria to be reviewed and rated by the Clearinghouse. ACF is
diligently working to increase the number of studies of programs and
services that can contribute to the research reviewed by the
Clearinghouse. ACF believes that gaining feedback from States and
Tribes on these issues is important to the success of preventing child
abuse and neglect, preventing children from entering foster care, and
supporting kinship caregivers.
Questions for Comment
I. Technical Assistance Related to ICWA. As Stated above, Public
Law 118-258 requires HHS to develop a plan to provide TA to support the
effective implementation of ICWA.
a. What barriers has your State/Tribe experienced in effectively
implementing ICWA, including these specific topics:
<bullet> Timely identification of Indian children and extended
family members.
<bullet> Timely notice of State child custody proceedings involving
an Indian child to the Tribe(s).
<bullet> Transfer of jurisdiction under ICWA.
<bullet> Active efforts to prevent the breakup of the Indian family
and meeting evidentiary standards, including testimony of a qualified
expert witness for placements into foster care and terminations of
parental rights.
<bullet> Placements of children that meet the placement preferences
of ICWA.
b. Has your State/Tribe identified a method of receiving TA that
worked well in the past? Can your State/Tribe identify a method of
receiving TA that did not work?
c. What existing State-Tribe partnerships or processes are helpful
in effectively implementing ICWA?
d. How could HHS coordinate with the Department of Interior (DOI)
in working on a technical assistance plan? How could HHS, DOI, and
other Federal agencies coordinate to provide effective TA for ICWA
implementation?
e. What data is needed to know whether TA is effective?
f. Are there specific supports ACF could provide to help State
courts and child welfare agencies address barriers to effectively
implement ICWA?
g. What additional supports would Tribes find helpful to build
their capacity to respond to ICWA notices, attend court hearings, and
certify foster families under ICWA?
II. Reducing Administrative Burden. As Stated above, Public Law
118-258 requires that HHS reduce the administrative burden for
administering the title IV-B program, and it allows HHS to modify any
title IV-B reporting requirement for Tribes whose allotment under title
IV-B, subpart 1 is less than $50,000 for a FY.
a. How does your State/Tribe use the information reported in the
CFSP, APSR, and CFS-101 for non-federal purposes, for example, in
collaborative efforts with multi-disciplinary groups, reports to
internal agency leadership or the State legislature/Tribal governing
body?
b. Regarding title IV-B subpart 1 and 2 requirements: What
suggestions does your State/Tribe have to streamline reporting on
programmatic work and expenditures and that would ensure consistency
with standards and guidelines for other Federal formula grant programs?
Please identify the specific requirement and note information that is
duplicative or where the cost to report on it outweighs any benefits
provided through the funding.
c. Currently, information on the Child Abuse and Prevention
Treatment Act (CAPTA) and the Chafee program are reported on the CFSP,
APSR, and CFS-101 to ensure consistent reporting across these programs.
Does your State/Tribe believe that continuing to combine these
requirements into an integrated plan is the least burdensome way to
administer and report on administering the title IV-B, Chafee, and
CAPTA programs? Would it be more efficient to require that agencies
submit a stand-alone application/report separately for each program?
Does your State/Tribe have input on changes that would better ensure
consistency across fiscal reporting for these programs? We also
appreciate comments on what streamlined reporting may look like.
d. Currently, Tribes that submit a CFSP have the option to use a
preprint template (see Attachment H to ACF-ACYF-CB-PI-24-03). States do
not use a template. Does your State/Tribe believe that a template
format for a streamlined CFSP/APSR would be helpful? If so, how?
e. Does your State/Tribe have suggestions for improvements to the
CFS-101 that would be less burden on your agency and improve fiscal
reporting consistent with standards and guidelines for other Federal
formula grant programs?
f. What title IV-B reporting requirements for Tribes whose
allotment under title IV-B, subpart 1 is less than $50,000 for a FY can
be modified to reduce administrative burden on these Tribal grantees?
g. When streamlining and eliminating duplication of reporting
requirements and making changes to ensure consistency for fiscal
reporting, what concerns regarding Tribal sovereignty might you have?
III. Court Improvement Program. As Stated above, Public Law 118-258
requires HHS to issue best practice guidance every 5 years for
technological changes needed for remote court proceedings and to
consult with Tribes on the development of appropriate guidelines for
State court proceedings involving Indian children and State court
proceedings that are subject to ICWA. Additionally, ACF is seeking
input on the Tribal Court Improvement Program grant ceiling.
a. What are the technological barriers and resources/capacity
barriers to participating in virtual court hearings?
b. What should ACF include in guidance for State courts to ensure
appropriate engagement of Tribes in
[[Page 34509]]
State court proceedings subject to ICWA that are conducted remotely?
What practice issues are important to address in ICWA cases that are
conducted remotely?
c. Are there particular considerations for individuals in different
roles (for example, qualified expert witnesses, Tribal attorneys)
participating remotely in these cases?
d. Currently, Court Improvement grants for Tribes have a $150,000
award ceiling. With the increase in the total authorization available
for funding Tribal Court Improvement Program grants, does your Tribe
think there should be adjustments to the amount or approach to the
award ceiling? If yes, what are your suggestions? How does the current
ceiling, or your suggestions for a new ceiling, impact small, medium,
and larger Tribal courts?
IV. Increasing Studies of Programs and Services Eligible for Review
by the Title IV-E Prevention Services Clearinghouse. As Stated above,
Public Law 118-258 set aside funding for competitive grants intended to
increase the pool of evidence-based programs and services in the
Clearinghouse.
a. How can ACF structure these grants to build evidence for program
and services that are adapted to the culture and context of the Tribal
communities served and eligible for review by the Clearinghouse?
b. What TA do States and Tribes need to be able to successfully
engage individuals with lived expertise to develop and study new or
adapted programs and services that are eligible for review by the
Clearinghouse?
Joseph J Kracke-Bock,
Acting Commissioner, Administration on Children, Youth and Families.
[FR Doc. 2025-13790 Filed 7-21-25; 8:45 am]
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