42 U.S.C. § 628d — Effective implementation of the Indian

Page 2230 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 628d agency and State juvenile justice agency may identify. (d) Training and technical assistance The Secretary may support State child wel- fare agencies and State juvenile justice agencies by offering a program, developed in consultation with organizations and agencies with subject matter expertise, of training and technical as- sistance to assist such agencies in developing programs and protocols that draw on best prac- tices for serving dual status youth in order to facilitate or enhance— (1) collaboration between State child welfare agencies and State juvenile justice agencies; and (2) the effectiveness of such agencies with re- spect to working with Federal agencies and child welfare and juvenile justice agencies from other States. (e) Report Not later than 3 years after January 5, 2023, and every 3 years thereafter, the Secretary, the Attorney General, and the Administrator of the Office of Juvenile Justice and Delinquency Pre- vention of the Department of Justice shall joint- ly submit to the Committee on Finance and the Committee on the Judiciary of the Senate and the Committee on Ways and Means and the Committee on Education and Labor of the House of Representatives, a report on the grants pro- vided under this section. (f) Definitions In this section: (1) Dual status youth The term ‘‘dual status youth’’ means a child who has come into contact with both the child welfare and juvenile justice systems and occu- pies various statuses in terms of the individ- ual’s relationship to such systems. (2) Leadership collaboration group The term ‘‘leadership collaboration group’’ means a group composed of senior officials from the State child welfare agency, the State juvenile justice agency, and other relevant youth and family-serving public agencies and private organizations, including, to the extent practicable, representatives from the State ju- diciary branch. (3) State juvenile justice agency The term ‘‘State juvenile justice agency’’ means the agency of the State or Indian tribe responsible for administering grant funds awarded under the Juvenile Justice and Delin- quency Prevention Act of 1974 (34 U.S.C. 11101 et seq.). (4) State child welfare agency The term ‘‘State child welfare agency’’ means the State agency responsible for admin- istering the program under this subpart, or, in the case of a tribal organization that is receiv- ing payments under section 628 of this title, the tribal agency responsible for admin- istering such program. (Aug. 14, 1935, ch. 531, title IV, § 429A, as added Pub. L. 117–348, title I, § 101(a), Jan. 5, 2023, 136 Stat. 6212.) Editorial Notes REFERENCES IN TEXT The Juvenile Justice and Delinquency Prevention Act of 1974, referred to in subsec. (f)(3), is Pub. L. 93–415, Sept. 7, 1974, 88 Stat. 1109, which is classified prin- cipally to chapter 111 (§ 11101 et seq.) of Title 34, Crime Control and Law Enforcement. For complete classifica- tion of this Act to the Code, see section 1 of Pub. L. 93–415, set out as a Short Title of 1974 Act under section 10101 of Title 34, and Tables. PRIOR PROVISIONS A prior section 429A of act Aug. 14, 1935, was renum- bered section 429 and is classified to section 628b of this title. Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Education and Labor of House of Rep- resentatives changed to Committee on Education and the Workforce of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023. § 628d. Effective implementation of the Indian Child Welfare Act of 1978 (a) In general Not later than October 1, 2025, the Secretary, in consultation with Indian tribal organizations and States, shall develop a plan and provide technical assistance supporting effective imple- mentation of the Indian Child Welfare Act of 1978 [25 U.S.C. 1901 et seq.], including specific measures identified in State plans as required by section 622(b)(9) of this title. The technical assistance plan shall be based on data sufficient to assess State strengths and areas for improve- ment in implementing Federal standards estab- lished under the Indian Child Welfare Act of 1978, including, at a minimum, the following: (1) Timely identification of Indian children and extended family members. (2) Timely tribal notice of State child cus- tody proceedings involving an Indian child. (3) Reports of cases in which a transfer of ju- risdiction (as defined under the Indian Child Welfare Act of 1978) was granted or was not granted, and reasons specified for denial in cases where transfer was denied. (4) In cases in which a State court orders a foster care placement of an Indian child, whether requirements for active efforts to pre- vent the breakup of the Indian family, testi- mony of a qualified expert witness, and evi- dentiary standards were met. (5) Whether an Indian child was placed in a placement that is required to be preferred under the Indian Child Welfare Act of 1978, and if not, the reasons specified. (6) In cases in which a State court orders the termination of parental rights to an Indian child, whether requirements for active efforts to prevent the breakup of the Indian family, testimony of a qualified expert witness, and evidentiary standards were met. (b) Interagency coordination On request of the Secretary, the Secretary of the Interior shall provide the Secretary with such guidance and assistance as may be nec- essary to facilitate informing States and public Page 2231 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 629 child welfare agencies on how to comply with the Indian Child Welfare Act of 1978, including specific measures identified in State plans as re- quired by section 622(b)(9) of this title. (c) Biennial reports to Congress The Secretary shall biennially submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate a written report on how— (1) the States are complying with the Indian Child Welfare Act of 1978 and section 622(b)(9) of this title, as informed by data collected under this section; and (2) the Secretary is assisting States and In- dian tribes to improve implementation of Fed- eral standards established under the Indian Child Welfare Act of 1978. (Aug. 14, 1935, ch. 531, title IV, § 429B, as added Pub. L. 118–258, title I, § 107(a)(2)(B), Jan. 4, 2025, 138 Stat. 2954.) Editorial Notes REFERENCES IN TEXT The Indian Child Welfare Act of 1978, referred to in text, is Pub. L. 95–608, Nov. 8, 1978, 92 Stat. 3069, which is classified generally to chapter 21 (§ 1901 et seq.) of Title 25, Indians. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 1901 of Title 25 and Tables. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 1, 2025, and applicable to pay- ments under this part for calendar quarters beginning on or after such date, with delay permitted if either State legislation or tribal action is required to meet additional requirements, see section 117 of Pub. L. 118–258, set out as an Effective Date of 2025 Amendment note under section 622 of this title. SUBPART 2—PROMOTING SAFE AND STABLE FAMILIES § 629. Purpose The purpose of this program is to enable States to develop and establish, or expand, and to operate coordinated programs of community- based family support services, family preserva- tion services, family reunification services, and adoption promotion and support services to ac- complish the following objectives: (1) To prevent child maltreatment among families at risk through the provision of sup- portive family services. (2) To assure children’s safety within the home and preserve intact families in which children have been maltreated, when the fam- ily’s problems can be addressed effectively. (3) To address the problems of families whose children have been placed in foster care so that reunification may occur in a safe and stable manner in accordance with the Adop- tion and Safe Families Act of 1997. (4) To support adoptive families by providing support services as necessary so that they can make a lifetime commitment to their chil- dren. (Aug. 14, 1935, ch. 531, title IV, § 430, as added Pub. L. 103–66, title XIII, § 13711(a)(2), Aug. 10, 1993, 107 Stat. 649; amended Pub. L. 105–89, title III, § 305(a)(1), (2), (b)(3)(A), Nov. 19, 1997, 111 Stat. 2130, 2131; Pub. L. 107–133, title I, § 101, Jan. 17, 2002, 115 Stat. 2414; Pub. L. 109–288, § 3(d), Sept. 28, 2006, 120 Stat. 1235; Pub. L. 115–123, div. E, title VII, § 50721(b)(1), Feb. 9, 2018, 132 Stat. 245.) Editorial Notes REFERENCES IN TEXT The Adoption and Safe Families Act of 1997, referred to in par. (3), is Pub. L. 105–89, Nov. 19, 1997, 111 Stat. 2115. For complete classification of this Act to the Code, see Short Title of 1997 Amendment note set out under section 1305 of this title and Tables. PRIOR PROVISIONS A prior section 430 of act Aug. 14, 1935, was classified to section 630 of this title prior to repeal by Pub. L. 100–485, title II, § 202(a), Oct. 13, 1988, 102 Stat. 2377. AMENDMENTS 2018—Pub. L. 115–123 struck out ‘‘time-limited’’ before ‘‘family reunification services’’ in introductory provi- sions. 2006—Pub. L. 109–288 substituted ‘‘Purpose’’ for ‘‘Findings and purpose’’ in section catchline, struck out subsec. (a) relating to findings, and struck out sub- sec. (b) designation and heading before ‘‘The purpose’’. 2002—Pub. L. 107–133 amended section generally, sub- stituting subsecs. (a) and (b) relating to findings and purpose for former subsecs. (a) to (d) relating to pur- poses, limitations on authorizations of appropriations, description of amounts, inflation percentage, and res- ervation of certain amounts. 1997—Subsec. (a). Pub. L. 105–89, § 305(b)(3)(A), sub- stituted ‘‘, community-based family support services, time-limited family reunification services, and adop- tion promotion and support services’’ for ‘‘and commu- nity-based family support services’’. Subsec. (b)(6) to (8). Pub. L. 105–89, § 305(a)(1), added pars. (6) to (8). Subsec. (d). Pub. L. 105–89, § 305(a)(2), substituted ‘‘1998, 1999, 2000, and 2001’’ for ‘‘and 1998’’ in pars. (1) and (2). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–123 effective Oct. 1, 2018, subject to transition rules for required State legisla- tion or tribal action, see section 50734 of Pub. L. 115–123, set out as a note under section 622 of this title. EFFECTIVE DATE OF 2006 AMENDMENT Amendment by Pub. L. 109–288 effective Oct. 1, 2006, and applicable to payments under this part and part E of this subchapter for calendar quarters beginning on or after such date, without regard to whether imple- menting regulations have been promulgated, and with delay permitted if State legislation is required to meet additional requirements, see section 12(a), (b) of Pub. L. 109–288, set out as a note under section 621 of this title. EFFECTIVE DATE OF 2002 AMENDMENT Pub. L. 107–133, title III, § 301, Jan. 17, 2002, 115 Stat. 2425, provided that: ‘‘(a) IN GENERAL.—Subject to subsection (b), the amendments made by this Act [enacting sections 629f to 629i of this title and amending this section and sec- tions 629a, 629c, 629d, 629e, 674, and 677 of this title] shall take effect on the date of the enactment of this Act [Jan. 17, 2002]. ‘‘(b) DELAY PERMITTED IF STATE LEGISLATION RE- QUIRED.—In the case of a State plan under subpart 2 of part B or part E of the Social Security Act [probably