Funding Opportunities for Tribes

July 1, 2022- June 30, 2023, Funding for Tribes Overview

Tribal Dependency Representation (TDR) Program

Tribal Dependency Representation (TDR) Program: $4.1 million for Tribes. Office of Tribal Affairs will administer the first ever publicly funded Legal Representation program for Tribes to ensure equity and inclusion.

Background

Pursuant to WIC section 317, parents and children, as parties in a juvenile dependency proceeding, have access to publicly funded legal representation. However, despite Tribes being a party to Indian child custody proceedings, California has not historically extended access to publicly funded legal representation to federally recognized Tribes in California.  As such, Tribes have encountered barriers when attempting to exercise their right to intervene, which has led to poorer outcomes for Indian children and families.

The California legislature responded by authorizing funding for legal counsel to represent Tribes in a California Indian child custody proceeding, as defined by subdivision (d) of section 224.1, that is initiated or ongoing in the juvenile court. The 2022 Human Services Omnibus Bill, Assembly Bill (AB) 207 (Chapter 573, Statutes of 2022), responded to this inequity by establishing the Tribal Dependency Representation (TDR) Program to provide funding to assist any federally recognized Indian tribe located in California, or with lands that extend into California.

The TDR Program provides:

• Minimum base allocations provide each Indian tribe that enters into a specified agreement and submits a letter of interest with $15,000 for legal counsel,
• Allocation of funds of more than $15,000 per eligible tribe, based on a methodology determined in consultation with Tribes pursuant to the CDSS Tribal Consultation Policy.
• There shall be no tribal share of cost for any funds reimbursed.

Statute and Program Requirements:

• Requires Tribes to annually submit a letter of interest which includes certain requirements.
• Requires Tribes to enter into agreements (memorandum of understanding or MOU) to access program funds

Section 10553.14 is added to the Welfare and Institutions Code, to read:

The Tribal Dependency Representation Program is hereby established to provide funding to assist any federally recognized Indian tribe located in California, or with lands that extend into California, in funding legal counsel to represent the Indian tribe in a California Indian child custody proceeding, as defined by subdivision (d) of Section 224.1, that is initiated or ongoing in the juvenile court.

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. There shall be no tribal share of cost for any agreement executed under this section.

To be eligible for an allocation of funds under this allocation, 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 that seeks funding pursuant to this section shall submit an annual letter of interest to the State Department of Social Services.

For more information on this program email tribalaffairs@dss.ca.gov