Tribal Affidavit of Compliance - Licensing Approval 622-05-45-05

(Revised 9/15/2020 ML #3593)

View Archives

 

 

The Department has State Tribal Title IV-E agreements with four ND Tribes; Spirit Lake Nation, Standing Rock Nation, Three Affiliated Tribes, and Turtle Mountain Band of Chippewa. Title IV-E agreements allow for the Tribe to license providers and submit an affidavit to the Department for approval. The affidavit (SFN 890), completed application (SFN 400) and pertinent background check results are the only documents required for approving a Tribal affidavit home. All licensing forms, checklists and safety measures are to be reviewed or completed by the tribal licensor prior to submitting an affidavit to request approval.

 

A Tribal affidavit family foster home is not issued a foster care “license” by the Department, rather an “approval” to provide foster care for children is issued. ND authorized licensing agent’s outside the jurisdiction of the Tribe, have no authority to license a home on reservation land. However, if requested the Tribe can enter into an agreement with an agency to complete a home study on Tribal lands (Ex. PATH to assist in licensing TFC home on the reservation).

 

If the home is located on or near, as defined by the Tribe, a recognized Indian reservation in the state of ND, and is not subject to the jurisdiction of the state of North Dakota for family foster home for children for licensing purposes, the Department shall accept an affidavit from an agent of the Tribal chair or designee. The department shall issue an “approval” of the family foster home for children if the affidavit represents the following:

1. A home study of the family foster home for children was completed by the Tribe; and
2. The prospective family foster home for children is in compliance with the standards adopted by the tribe for family licensing; or
3. The prospective family foster home for children is in compliance with the standards required by the North Dakota Century Code section 50-11-02.

The Tribal affidavit paperwork must be submitted to the Department for approval. The Department will review the paperwork, approve the affidavit home and enter the information into the payment system.

• Example: The family lives on the Turtle Mountain Indian Reservation in Belcourt, the affidavit paperwork must be submitted to the Lake Region Human Service Center. The Department will review the request, seek any additional information required to make a decision and forward the “approval” paperwork back to the Tribe.
  
  

Tribal Responsibility: The Tribe is responsible to train, educate, support and prepare prospective foster families on the process of becoming a foster parent for children. The Tribe continues to support the foster parents with ongoing training, placement concerns, non- IV-E payments, etc. The Tribe assists the family in submitting required paperwork to gain “approval” to provide IV-E foster care.

 

Initial Tribal Affidavit “Approval” Paperwork Includes:

1. SFN 890, Affidavit (Completed by the Tribe)
2. SFN 400

1. On the form, the family will complete the top section of the form by updating family demographics. The foster parents must sign the form and provide it to the licensor at the Tribe.
2. On the form, the section labeled, “Authorized Licensing Agent” must be completed and signed by the Tribe detailing the number of beds, ages, gender of foster children accepted into the home, etc.

3. Background checks - satisfactory completion of a fingerprint based criminal background check. The Tribe must provide documentation that a fingerprint based criminal background check was conducted on each adult living in the home.

The requested background check is forwarded to NDDHS Criminal Background Check Unit (CBCU). CBCU will conduct a Child Abuse and Neglect Index search, request Tribal court/child welfare records and review the National Sex Offender Registry. CBCU will forward the authorization form and print cards to the Bureau of Criminal investigation (BCI) for final processing.

 

Annual Tribal Affidavit “Approval” Paperwork:

1. SFN 890, Affidavit (Completed by the Tribe)
2. SFN 400, Annual Application (Completed by the Parents/Tribe)

1. On the form the family will complete the top section by updating family demographics. The foster parents must sign the form and provide it to the licensor at the Tribe.
2. On the form, the section labeled, “Authorized Licensing Agent” must be completed and signed by the Tribe detailing the number of beds, ages, gender of foster children accepted into the home, etc.

Affidavit foster homes located on or near the reservation are held to the same timeliness standard as licensed family foster homes licensed by the Department in partnership with a Human Service Zone or other licensed child placing agency. Annual renewal paperwork must be presented to the Department at least fifteen (15) days before the expiration of the approval in order for the previous approval to be continued. If the information is not received timely and the approval lapses; the process, including each adult background check, will need to start over. If a foster home is not “approved” by the Department, no payment can be made until the approval process is complete.