BILL ANALYSIS
Bill No: SB
1372
SENATE COMMITTEE ON GOVERNMENTAL ORGANIZATION
Senator Roderick D. Wright, Chair
2009-2010 Regular Session
Staff Analysis
SB 1372 Author: Dutton
As Amended: March 23, 2010
Hearing Date: April 13, 2010
Consultant: Chris Lindstrom
SUBJECT
State government: Indian relations.
DESCRIPTION
SB 1372 adds a new section to Government Code to require
state agencies to make reasonable efforts to collaborate
with an Indian nation or tribe in the development and
implementation of policies, agreements, and programs of the
state agency that directly affect American Indians.
Specifically, the bill:
1)Enacts the State-Tribal Collaboration Act.
2)Defines the following terms:
a) "American Indian" means any of the following
individuals:
i) A member of a federally recognized Indian tribe
or nation.
ii) An individual who is subject to the
provisions of Section 1153 of Title 18 of the United
States Code as an Indian.
iii) An individual who has been deemed
eligible for services and programs provided to
Indians by the United States Department of Health
and Human Services, the Bureau of Indian Affairs, or
SB 1372 (Dutton) continued
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other federal program.
iv) "Indian nation or tribe" means a
federally recognized Indian nation or tribe wholly
or partially located within this state.
v) "State agency" means a state agency,
department, or office.
3)Requires a state agency to make reasonable effort to
collaborate with an Indian nation or tribe in the
development and implementation of policies, agreements,
and programs of the state agency that directly affect
American Indians.
4)Provides that nothing in this section shall be deemed to
create a right of action against the state or a right of
review of an action by a state agency.
EXISTING LAW
Existing law promotes the self-sufficiency of Indian tribes
and evidences the good will, cooperation, and mutual
respect between the state and Indian tribes.
Existing law establishes, as of July 1, 2010, tribal
customary adoption as an additional exception to
termination of parental rights for parents of Indian
children who have been adjudicated dependents of the court;
sunsets this additional exception on January 1, 2014,
unless a later enacted statute deletes or extends that
date.
Current law directs the state Department of Social Services
(DSS) to negotiate in good faith with an Indian tribe,
organization, or consortium in the state that requests
development of an agreement with the state to administer
all or part of the programs under Title IV-E of the Social
Security Act on behalf of the Indian children who are under
the authority of the tribe, organization, or consortium.
Existing federal law, The Fostering Connections to Success
and Increasing Adoptions Act authorizes Indian tribes,
under specified circumstances, to receive federal funds to
support the operation of child welfare programs directly.
The act also requires states to commit to negotiating in
good faith with any tribe, organization or consortium that
requests to develop an agreement with the state to
SB 1372 (Dutton) continued
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administer all or part of the child welfare program on
behalf of Indian children under authority of the tribe.
This bill would conform state law to those requirements.
Existing federal law, The Indian Child Welfare Act is to
"protect the best interests of Indian children and to
promote the stability and security of Indian tribes and
families." The act provides an overall framework that
governs child welfare proceedings involving Indian children
who are subject to the jurisdiction of states' dependency
courts because of abuse or neglect or the risk of such
harm.
BACKGROUND
Purpose of the bill . According to the author's office,
"Throughout the bureaucracy, health, environmental,
education, housing programs, amongst others, exist that are
designed specifically to help Indian nations. Furthermore,
under federal law, state agencies are required and
responsible to administer a variety of federal initiatives,
including the Indian Child Welfare Act and the Fostering
Connections to Success and Increasing Adoptions Act that
directly impact Native Americans. Yet, California
government has a reputation of not even consulting them
when designing implementation policies for those programs.
This bill should help smooth relations in these areas.
"There are numerous unexplored opportunities and
possibilities for the state and tribes to pursue mutual
programs and policies in a collaborative partnership to
enhance and preserve natural resources for the betterment
of communities and citizens in California. "This measure
demonstrates that the State of California is committed to
ensuring an effective social, economic, and legal
relationship between the tribal nations and the state."
Background . Many state agencies are responsible for
programs that directly impact tribal governments and its
members. There are instances in which collaboration and
communications between government agencies and tribal
governments and their members are inadequate. As a result,
some programs don't run optimally, miscommunications and
delays occur, and program benefits and services are not
delivered efficiently or effectively. A
government-to-government collaboration and communication
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process will enhance programs and services. Arguably,
state agencies should be putting forth its best efforts
currently to ensure all of its programs and services are
delivered optimally to all citizens of California. This
bill only requires state agencies to make reasonable
efforts to collaborate with tribal governments and their
members in the development and implementation of policies,
agreements, and programs of the state agency that directly
affect American Indians.
PRIOR/RELATED LEGISLATION
AB 770 (Torres), Chapter 124, Statutes of 2009 . Ensures
that the state maximizes the opportunities for Indian
tribes to operate foster care programs for Indian children
pursuant to federal law.
AB 1325 (Cook and Beall) of 2009 . Establishes tribal
customary adoption as an additional exception to
termination of parental rights for parents of Indian
children who have been adjudicated dependents of the court.
Sunsets this additional exception on January 1, 2014,
unless a later enacted status deletes or extends that date.
SUPPORT: As of April 9, 2010.
California Nations Indian Gaming Association
OPPOSE: None on file as of April 9, 2010.
FISCAL COMMITTEE: Senate Appropriations Committee
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