12 2 STA T .396 9 PUBLIC LA W 11 0– 3 5 1 —O CT. 7, 200 8‘ ‘ (A)thenumb e rofc h ild ren in fo s ter c a re under the res p onsibilit y of the I ndian tribe , tribal or g ani z ation, or tribal consortium (either directly or under super v ision of the S tate), in the most recent fiscal year for w hich the information is available
to ‘‘( B )thesumof — ‘‘(i) the total number of children in foster care under the responsibility of the State within which the Indian tribe, tribal organization, or tribal consortium is located; and ‘‘(ii) the total number of children in foster care under the responsibility of all Indian tribes, tribal organizations, or tribal consortia in the State (either directly or under supervision of the State) that have a plan approved under this subsection .’ ’. (c) S TA T E A NDTRIB A LCO O P ERATION.— ( 1 ) STATE PLAN RE QU IRE M ENT TO NE G OTIATE IN GOOD F AIT H .— (A) IN GENERAL.—Section 47 1(a) of the Social Security Act (4 2U .S.C. 6 71(a)), as amended by sections 1 0 1(a), 10 3 , 204(b), and 206 of this Act, is amended— (i) by stri k ing ‘‘and’’ at the end of paragraph (30); (ii) by striking the period at the end of paragraph (31) and inserting ‘‘; and’’; and (iii) by adding at the end the following
‘‘(32) provides that the State will negotiate in good faith with any Indian tribe, tribal organization or tribal consortium in the State that re q uests to develop an agreement with the State to administer all or part of the program under this part on behalf of Indian children who are under the authority of the tribe, organization, or consortium, including foster care maintenance payments on behalf of children who are placed in State or tribally licensed foster family homes, adoption assist - ance payments, and, if the State has elected to provide such payments, kinship guardianship assistance payments under section 473(d), and tribal access to resources for administration, training, and data collection under this part.’’. (B) CHAFEE PROGRAM C ONFORMING AMENDMENT.—Sec- tion 477(b)(3)( G ) of such Act (42 U.S.C. 677(b)(3)(G)) is amended— (i) by striking ‘‘and that’’ and inserting ‘‘that’’; and (ii) by striking the period at the end and inserting ‘‘; and that the State will negotiate in good faith with any Indian tribe, tribal organization, or tribal consor- tium in the State that does not receive an allotment under subsection ( j )(4) for a fiscal year and that requests to develop an agreement with the State to administer, supervise, or oversee the programs to be carried out under the plan with respect to the Indian children who are eligible for such programs and who are under the authority of the tribe, organization, or consortium and to receive from the State an appro- priate portion of the State allotment under subsection (c) for the cost of such administration, supervision, or oversight.’’.
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