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

(Revised 6/1/22 ML #3677)

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Title IV-E agreements allow for each Tribal Nation to license providers and submit an affidavit to the CFS Licensing Unit for approval. All licensing forms, checklists and safety measures are to be reviewed or completed by each Tribal Nation’s licensing specialist prior to submitting licensing paperwork to request approval. A Tribal affidavit foster care provider is not issued a foster care “license” by the CFS Licensing Unit, rather an “approval” to provide foster care for children.

 

Jurisdiction: ND Tribal Nations have authority to license homes on or near tribal jurisdiction, however other ND authorized licensing agents do not have authority to license a home on reservation land. If requested the Tribal Nation can provide permission or enter into an agreement with an agency to complete a foster care for children home study on Tribal lands (Ex. Nexus PATH to assist in licensing a TFC home on the reservation).

 

If the prospective foster care provider is living on or near a recognized Indian reservation in the state of ND, the CFS Licensing Unit shall accept a signed affidavit from the Tribal Nation. The Tribal affidavit paperwork must be submitted to the CFS Licensing Unit for Department approval. The CFS Licensing Unit will review the licensing paperwork, will either approve or deny the affidavit home. If approved, the affidavit approval will be entered into the payment system.

 

Tribal Responsibility: The Title I-V E Agreement highlights the responsibility of each Tribal Nation to follow the licensing law, rule and policy set forth by the state. Each Tribal Nation is responsible to train, educate, support and prepare prospective individuals or families on the process of becoming a foster care provider. The Tribal Nation continues to support the foster care provider(s) with ongoing training, placement concerns, non- IV-E payments, etc. The Tribal Nation assigned licensing specialist will submit the required paperwork to gain “approval” for a foster care provider to receive Title IV-E foster care reimbursement.

 

Initial Tribal Affidavit “Approval”

In order for the Department to approve the provider assessed by the Tribal Nation, the Tribal Licensing Specialists must submit:

  1. SFN 890, Affidavit completed by the Tribe
  2. SFN 893, Application completed by the foster parent; and
  3. Background checks (initial): Need 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 SFN 850, initial licensing checklist, along with supporting documentation is highly recommended to be submitted in efforts to review and assess for licensing approval.

 

Renewal Tribal Affidavit “Approval”

In order for the Department to approve the provider assessed by the Tribal Nation, the Tribal Licensing Specialists must submit:

1. SFN 890, Affidavit completed by the Tribe;

2. SFN 893, Application completed by the foster parent; and

3. Any pertinent public search records, background checks for new household members, tribal child abuse and neglect checks, etc.

 

The SFN 851, renewal licensing checklist, along with supporting documentation is highly recommended to be submitted in efforts to review and assess for licensing approval.

 

Timeliness: Tribal Affidavit foster care providers, located on or near the reservation, are held to the same timeliness standard as licensed homes licensed by the CFS Licensing Unit.