State, unless otherwise provided in the contract.

§ 21.6 Financial statement.

Thirty days after the close of each fiscal year, the State or other agency to which funds have been furnished pursuant to the contract shall submit to the Commissioner of Indian Affairs a detailed financial statement showing all expenditures made pursuant to the contract. An explanation shall be contained of any deviation from the plan originally submitted by the agency. The records of the contractor shall be available for inspection by representatives of the Bureau of Indian Affairs.

§ 21.7 Cooperative services.

The Bureau will maintain cooperative services through its superintendents and other personnel to further the purposes of the contract. When mutually agreed to in the contract, the Bureau may maintain on its payroll one or more representatives whose duties shall be described in the contract and the salary and expenses of any such person or persons shall constitute part of the funds to be furnished to the State or other contracting agency.

§ 21.8 Use of Government property and facilities.

The contract shall specify the terms upon which property, other facilities and equipment of the Government may be used by the State or other agency. All contracts which provide for the use of Government automobiles shall require that the particular State or other agency shall be responsible for the return of the equipment in as good condition as when received, excepting usual wear and tear and depreciation and such agency shall be responsible for all damage or injury done to property or persons and shall carry sufficient insurance to cover same and expressly relieve the Government of any and all liability for any such personal injury or property damages committed while such automobile is in the possession of the contracting agency.

§ 22.2 Application of institution.

All such institutions desiring to receive payment for care of Indian children under the provisions of this part shall make application in writing through their responsible heads to the Commissioner of Indian Affairs, specifying therein the number of children for whom payment is desired and the rate per pupil to be charged therefor. All such applications must be submitted to the Commissioner of Indian Affairs on or before May 1 of each year, for children to be received during the school year beginning the following September. Consideration of any later applications will depend only upon availability of funds and a sufficient number of Indian children not having been otherwise provided for.

§ 22.3 Contracts dependent on need and desire of Indians.

Contracts will be considered only in behalf of children from localities where there are a sufficient number of Indian children requiring this kind of service who reside within the exterior boundaries of Indian reservations under the jurisdiction of the Bureau of Indian Affairs or on trust or restricted lands under the jurisdiction of the Bureau of Indian Affairs, and the Commissioner of Indian Affairs reserves the right to investigate the need and take into consideration the desires of the Indian parents of such children as formally expressed by them.

[29 FR 5828, May 2, 1964]

§ 22.8 Pupils must be blood members of tribe.

Indian pupils for whose care payment is to be made from tribal funds shall be children of duly enrolled members of the tribe who are members of such tribe by blood and not by adoption.

§ 22.9 Reports.

Reports concerning attendance in the institution shall be made as required on blank forms to be furnished by the Commissioner of Indian Affairs.

§ 22.10 Eligibility of pupils.

The institution must agree to eliminate from its rolls as residents those children of Indian blood who live within a reasonable distance from any public or day school, except those children who are found to need special institutional care, and to limit its enrollment to such individual Indian children as are approved for enrollment by the agency superintendent or the superintendent of Indian education designated to approve enrollment or to handle payments under any contract entered into pursuant to this part. Indian children eliminated from Government boarding schools because of satisfactory home and school facilities nearby shall not be permitted to enroll in any school maintained by the institution or its responsible head, except at the personal expense of their parents or guardian, or at the expense of the institution.

§ 22.11 Payments.

Payment will be made to the institution at the yearly rate agreed upon for each and every child in residence authorized to be enrolled under the provisions and restrictions of this part. Payments may be made at the end of each fiscal quarter, or monthly, as provided for by the terms of the individual contract, and shall be computed on the average attendance of children for such period. Payments to the institution for the fiscal year, or any fractional part thereof, shall not exceed a sum aggregating more than the total amount specified under the contract. Where quarterly payments are provid

ed for, such payments shall be made at a rate equal to one-third of the annual per capita rate, and shall be paid at the end of each quarter. If monthly payments are provided for, such payments shall be made at the rate of one-ninth of the annual per capita rate. Children enrolled prior to the Christmas holidays, whether actually present or not during such holidays, shall be regarded as in attendance for the purpose of payment under such contracts.

§ 22.12 Use of tribal funds.

Where payments are to be made in whole or in part from tribal funds, the contract will be approved subject to the condition that payment from such funds will be made only if and when such funds are available.

§ 22.13 Vouchers.

Payments will be made at the end of each month or quarter, as specified in § 22.11, in accordance with the provisions of the contract, on vouchers in duplicate, the original of which must be certified to by the responsible head of the institution, evidencing that such institution has been maintained and managed in accordance with this part and the true intent and meaning of the contract.

§ 22.14 Abrogation.

The Commissioner of Indian Affairs shall have the right to abrogate any contract made in accordance with this part in the manner following:

(a) After 15 days' notice, in writing, to the institution, where the institution has failed to comply with the agreements and stipulations of its contract and the requirements of this part; such 15 days' notice to be computed from and to include the day on which such notice is either served personally by a duly authorized employee of the United States on the institution or is left by such officer at the principal school building of such institution.

(b) After 60 days' notice, in writing, to the institution, for any reason deemed satisfactory to the Commissioner of Indian Affairs; such 60 days' notice to be computed from and to include the day on which such notice is either served personally on the institu

Subpart C-Grants to Indian Tribes and Indian Organizations for Indian Child and Family Programs

23.21 Eligibility requirements. 23.22 Purpose of grants.

23.23 Obtaining application instructions and materials.

23.24 Content of application.

23.25 Application selection criteria.

23.26 Request from tribal governing body or Indian organization.

23.27 Grant approval limitation. 23.28 Submitting application. 23.29 Technical assistance.

23.30 Agency office review and recommendation.

23.31 Area office review and action.

23.32 Deadline for area office action. 23.33 Central office review and decision. 23.34 Deadline for Central office action. 23.35 Grant execution and administration. 23.36 Subgrants and subcontracts.

23.93 Assistance in locating biological parents of Indian child after termination of adoption.

AUTHORITY: 5 U.S.C. 301; secs. 463 and 465 of the Revised Statutes (25 U.S.C. 2 and 9). SOURCE: 44 FR 45102, July 31, 1979, unless otherwise noted.

Subpart A-Purpose, Definitions, and Policy

§ 23.1 Purpose.

The purpose of the regulations in this Part is to govern the provision of administration and funding of the Indian Child Welfare Act of 1978 (Pub. L. 95-608, 92 Stat. 3069, 25 U.S.C. 1901-1952).

§ 23.2 Definitions.

(a) "Act" means the Indian Child Welfare Act, Pub. L. 95-608 (92 Stat. 3073), 25 U.S.C. 1901 et seq.

(b) "Child custody proceeding," which shall mean and include:

(1) "Foster care placement"-any action removing an Indian child from its parent or Indian custodian for temporary placement in a foster home or institution or the home of a guardian or conservator where the parent or Indian custodian cannot have the child returned upon demand, but where parental rights have not been terminated;

(2) "Termination of parental rights"-an action resulting in the termination of the parent-child relationship;

(3) "Preadoptive placement"-the temporary placement of an Indian child in a foster home or institution after the termination of parental rights, but prior to or in lieu of adoptive placement; and

(4) "Adoptive placement"—the permanent placement of an Indian child for adoption, including any action resulting in a final decree of adoption.

(5) Such term or terms shall not include a placement based upon an act which, if committed by an adult, would be deemed a crime in the jurisdiction where the act occurred or upon an award, in a divorce proceeding, of custody to one of the parents. It does include status offenses, such as truancy, incorrigibility etc.

(c) "Extended family member" shall be as defined by the law or custom of the Indian child's tribe or, in the absence of such law or custom, shall be a person who has reached the age of eighteen and who is the Indian child's grandparent, aunt or uncle, brother or sister, brother-in-law or sister-in-law, niece or nephew, first or cousin, or stepparent.

second

(d) "Indian" means: (1) Jurisdictional Purposes: For purposes of matters related to child custody proceedings any person who is a member of an Indian tribe, or who is an Alaska Native and a member of a Regional Corporation as defined in section 7 or the Alaska Native Claims Settlement Act (85 Stat. 688, 689).

(2) Service eligibility for on or "near" reservation Children and Family Service Programs. For purposes of Indian child and family service programs under section 201 of the Indian Child Welfare Act (92 Stat. 3075), any person who is a member, or a one-fourth degree or more blood quantum descendant of a member of any Indian tribe.

(3) Service eligibility for off-reservation Children and Family Service Programs: For the purpose of Indian child and family programs under section 202 of the Indian Child Welfare Act (92 Stat. 3073) any person who is a member of a tribe, band, or other or

ganized group of Indians, including those tribes, bands, or groups terminated since 1940 and those recognized now or in the future by the state in which they reside, or who is a descendent, in the first or second degree, of any such member, or is an Eskimo or Aleut or other Alaska Native, or is considered by the Secretary of the Interior to be an Indian for any purpose, or is determined to be an Indian under regulations promulgated by the Secretary of Health, Education, and Welfare. Membership status is to be determined by the tribal law, ordinance, or custom.

(e) "Indian child" means any unmarried person who is under age eighteen and is either (1) a member of an Indian tribe, or (2) is eligible for membership in an Indian tribe and is the biological child of a member of an Indian tribe.

(f) "Indian child's tribe" means (1) the Indian tribe in which an Indian child is a member or is eligible for membership or (2) in the case of an Indian child who is a member of or is eligible for membership in more than one tribe, the Indian tribe with which the Indian child has the more significant contacts. (Refer to Guidelines for State Courts-Indian Child Custody Proceedings.)

(g) "Indian custodian" means any Indian person(s) who has legal custody of an Indian child under tribal law or custom or under state law or to whom temporary physical care, custody, and control has been transferred by the parent of such child.

(h) "Indian organization" means any group, association, partnership, corporation, or other legal entity owned or controlled by Indians, or a majority of whose members are Indians.

(i) "Indian tribe" means any Indian tribe, band, nation or other organized group or community of Indians recognized as eligible for the services provided to Indians by the Secretary because of their status as Indians, including any Alaska Native village as defined in section 3(c) of the Alaska Native Claims Settlement Act (85 Stat. 688, 689), as amended.

(j) "Parent" means any biological parent or parents of an Indian child or any Indian person who has lawfully