2.50.30 Payment for Services for Children in Tribal Custody

Original Date: September 12, 2016

Revised Date: July 1, 2024

Sunset Review Date: July 31, 2028

Approved by: Tleena Ives, Office of Tribal Relations Director

Purpose

The purpose of this policy is to provide guidance when tribes are requesting payment for services for Indian children who are in the custody of a Washington State federally recognized Indian tribe. Services include:

Preventative and in-home services when tribes complete their own Child Protective Services (CPS) Family Assessment Response (FAR) interventions.
Child and Family Welfare Services (CFWS).
Family Voluntary Services (FVS).

Laws

RCW 13.38.030 Findings and intent

RCW 74.13.031 Duties of department-Child welfare services-Children's services advisory committee.

Scope

This policy applies to Department of Children, Youth, and Families (DCYF) employees.

Policy

DCYF will process payments for services when requested by Washington State federally recognized tribes when Indian children:

Are in their custody.
Subject to the same eligibility standards and rates of support to other children and youth for whom DCYF purchases care.

Procedures

Intake workers must create an intake for open and closed case when Washington State federally recognized Indian tribes request services. For:
1. Payment only services, assign the intake to the appropriate local DCYF office to be assigned to a tribal payment only (TPO) worker.
2. Placement services for Indian children in a DCYF tribal licensed, unlicensed, or suitable person placement:
  1. Document the tribal placement preferences, if applicable.
  2. Assign the intake to the appropriate local DCYF office TPO worker.
TPO workers must complete the following when assigned to TPO cases:
1. Follow the Providing Confidential Records to Tribes policy when providing tribes with case records related to offered services to the family.
2. Verify service providers send all relevant documentation directly to the tribe.
When TPO cases are opened for:
1. Payment only services:
  1. TPO workers must:
    1. Create a legal record in FamLink, including placement and care authority (PCA) as "Tribe with an IV-E Agreement" or "Tribe without an IV-E Agreement, when the tribe has an open dependency case.
    2. Request the following from the tribes and upload in FamLink, if received, the tribal court orders:
      1. For all placements in out-of-home care.
      2. From each review hearing.
    3. Consult with the Office of Tribal Relations (OTR) regional Indian Child Welfare (ICW) consultant if the tribe does not respond with the tribal court order within 60 calendar days.
    4. Complete service referrals in FamLink and send to the supervisor for approval. If
      1. Approved, submit referrals to the contracted providers with a copy to the tribal worker.
      2. Denied:
        Inform the tribe and include the reason for denial.
        Follow the Impasse Procedures policy if there is a disagreement.
  2. Supervisors must review service referrals for approval.
    1. If approved, return to the TPO worker.
    2. If not approved, return to the TPO worker with the reason for denial.
2. Placement and service payments:
  1. TPO workers or designees must:
    1. Send the Child Information/Placement Referral DCYF 15-300 form received from the tribe to the placement coordinator if a tribe requests a foster home placement.
    2. Complete the following if the tribe identifies the placement and:
      1. Needs a provider number:
        Obtain the Child Welfare Provider and Placement Request DCYF 10-065 form or required information from the tribe.
        Create the provider in FamLink.
        Email a copy of sections 19 and 20 of the Child Welfare Provider and Placement Request DCYF 10-065 form or a Provider File Action Request (PFAR) DCYF 06-097 form to the SSPS Provider File Unit.
        Enter placement information into Child Location within three calendar days of placement.
      2. Has the provider number, complete the placement information in Child Location within three calendar days.
    3. Verify the Initial/Kinship License Request for Tribes DCYF 10-056 form has been emailed to the Kinship Admin Support if a tribe requests a license for placement of a child in relative or suitable person placement.
    4. Complete the following if the child changes placement including return home or they are in an unlicensed relative or suitable person placement:
      1. Enter the placement change into Child Location within three calendar days of placement.
      2. Notify the Licensing Division (LD) worker if the placement has an initial license.
  2. Regional placement desk coordinators must complete the following once the Child Information/Placement Referral DCYF 15-300 form is received:
    1. Identify the placement.
    2. Send supporting documentation, e.g., any medical or behavior treatment, to the:
      1. Tribal worker
      2. Caregiver
      3. TPO worker
  3. TPO workers or designees must complete the following as soon as they learn an Indian child is placed out of the home:
    1. Create a legal record in FamLink, including PCA as "Tribe with an IV-E Agreement" or "Tribe without an IV-E Agreement.”
    2. Request tribal court orders from the tribes and upload, if received:
      1. For all placements:
        In out-of-home
        That are in in-home care
        Final court order regarding tribal permanency or Termination of parental rights
      2. From each six-month review hearing. If the tribe does not respond within 60 calendar days consult with the regional ICW consultant.
    3. Caregiver Support Level Tool 15-007 form by:
      1. Coordinating with tribes to determine how the tool will be completed, per the Child Welfare Caregiver Support Level and Foster Care Rate Assessment Determination policy.
      2. Following the regional process for either:
        Completing the tool on behalf of the tribe.
        Reviewing the tool completed by the tribe.
      3. Inputting the information into the Foster Care Assessment tab under the Placement icon in FamLink.
      4. Reviewing the Caregiver Support Level Tool DCYF 15-007 form every six months for re-assessment or assist the tribe when they re-assess by:
        Using the Caregiver Support Level Tool Guide CWP_0038 publication.
        Referring to the Foster Care Rate Assessment WACs 110-50-0400 through 110-50-0550.
    4. Provide Washington State federally recognized Indian tribes with case records related to the Indian child and services provided.
    5. Verify service providers are sending all relevant documentation directly to the tribes.
    6. Consult with:
      1. IV-E specialists to determine IV-E eligibility.
      2. Guardianship Assistance Program (GAP) gatekeepers to determine eligibility for subsidy for:
        GAP
        Extended Guardianship Assistance Program (EGAP)
      3. Regional Extended Foster Care (EFC) leads if there are questions about eligibility for EFC.
      4. OTR regional ICW consultants if there are questions about other payment processes.
    7. Follow the Child Welfare Placing in Child Placing Agency (CPA) Certified Foster Homes policy and submit a completed Child Placing Agency (CPA) Authorization DCYF 10-402 form to a Financial and Business Services Division (FBSD) fiscal analyst if an Indian child is placed with a CPA.
  4. FBSD fiscal analysts must process placements and payments in FamLink once the Child Locator app is completed.
TPO workers must:
1. Adhere to the following child welfare policies:
  1. Administrative Approvals when either:
    1. A policy indicates an administrative approval is required.
    2. An exception to a policy is needed.
    3. Reimbursement or supports is needed for a licensed caregiver beyond what the foster care rate assessment or policy allows.
  2. Child Care to authorize child care and complete service referrals in FamLink when receiving tribal requests for child care.
  3. Out-of-Home Placements when the Indian child is in DCYF PCA.
  4. Extended Foster Care (EFC) Program when Indian children are placed in extended foster care.
  5. Guardianships when Indian children are placed in either of these guardianships, chapter:
    1. 13.36 RCW
    2. 11.130 RCW
  6. Placing in Child Placing Agency (CPA) Certified Foster Homes when using in-state child placing agencies.
  7. Concrete Goods when approving concrete goods requests. Review opened services and placements to prevent overpayments every six months.
2. Close TPO cases when:
  1. Tribes request or confirm service payments are no longer necessary by verifying:
    1. Services are completed and closed.
    2. Payments are cleared.
  2. Tribal court is no longer involved, and a court order is received by closing the following in FamLink:
    1. Placements and services
    2. Payments
    3. Legal
FBSD fiscal analysts must process service and placement payments.