Mr. Reed Holwegner, LRC, was in attendance at the meeting.

Department of Social Services provided a Brief Description of Data on Expenditures for Selected Programs on Reservations for Native Americans for State Fiscal Year 2001 (Document #1)

Mr. Michael Petersen, Director, Child Protection Services (CPS), Sisseton-Wahpeton Sioux Tribe, told the committee that there are six child protection workers and three support personnel including him. The Child Protection Services has their own in-house alcohol and drug program funded by Title 4B. The Transition Program is part of the CPS and costs $65,000 per year funded by the Sisseton-Wahpeton Sioux Tribe.

Representative Richter asked how their office is funded. Mr. Petersen said that BIA money and state money is available.

Representative Richter asked how many cases are seen each year. Mr. Petersen said that there were 638 requests for services last year, and there are 85 active cases.

Mr. Petersen told the committee that a state supervisor provides training for the office. The computer person has been trained through the state.

Representative Pummel asked what kind of cases are included in the 85 active cases. Mr. Petersen said these cases are alcohol related.

Representative Richter asked about the Transition Program. Mr. Petersen told the committee that this program provides a place for women with children in need of a place to live. Families live in the trailer homes. The individuals must be in treatment programs to qualify for the housing. Representative Richter asked if there is a waiting list. Mr. Petersen said when the housing is filled, the individuals live with relatives.

Representative Richter asked what support the state provides. Mr. Petersen said the state provides training and computer support.

Mr. Jack Thomson, Program Director, Child Protection Services, Flandreau, informed the committee of various aspects of their program. This small program sees approximately ten cases per year.

Representative Richter asked about the 6-38 contract funds and what is the formula for obtaining these funds. Mr. Thomson said that this is BIA money to be used only for child protection services.

Representative Klaudt asked if the tribe puts money into the program. Mr. Thomson said the tribe does provide funding, but he does not know the amount.

Mr. Vernon Ike Schmidt, Vice Chair, Rosebud Sioux Tribe, and Ms. Shirley Big Eagle presented information to the committee. Mr. Schmidt said that the tribe is working to get a 6-38 contract in the process of developing a comprehensive plan.

Representative Richter asked about the formula needed for the 6-38 contract. Ms. Big Eagle told the committee the 6-38 contract is a very limited amount of money from the Bureau of Indian Affairs. A BIA representative should be contacted for a full explanation.

Ms. Viola Burnette, Attorney, Rosebud Sioux Tribe, informed the committee of the need for licensing of foster care families. She said the relations between the two governments hasn't always been favorable.

Representative Richter asked why the tribe would not appoy the foster care guidelines to Native American homes. Ms. Burnette said that guidelines are too strict.

Representative Richter asked if the BIA has different foster care guidelines. Ms. Burnette said that she is not aware of written guidelines, but the BIA tries to put the children in the best possible situation.

Representative Adelstein asked about the qualifications of the tribal judges. Ms. Burnette said that the children's judges have a law degree and are licensed in one state or another. Their judge has been doing his job for ten years.

Senator Duxbury asked how many children would need to be placed in foster care in one year. Ms. Big Eagle said that the BIA has access to the numbers.

Representative Pummel asked who determines what is the responsibility of the BIA and what belongs to the Department of Social Services. Ms. Big Eagle said that the BIA handles abuse and neglect cases.

Representative Klaudt asked if the group homes are filled. Mr. Schmidt said that they are not full. They have different sources of funding for group homes. He said that the homes are operated by the tribe.

Representative Klaudt asked if individuals get commodities, are they not able to receive food stamps. Mr. Schmidt said that is true. One half of the population on the reservation is on food stamps, and other half receives commodities.

Representative Klaudt asked what is the number of clients on TANF and Medicare. Mr. Schmidt told the committee that the DSS could provide that information.

Representative Adelstein asked if the state is spending $18,000,000 on medical services, is the tribe satisfied with the quality of medical services they are receiving. Mr. Schmidt said that with the present program, individuals receive good care with what is available.

Representative Pummel asked if monies are transferred from one IHS hospital to another IHS facility. Mr. Schmidt said that the transfer of funds is not a favorable practice.

Representative Klaudt asked about funding for a child who needs surgery. Mr. Schmidt said that the IHS has a third party billing which they will exhaust first.

Representative Derby asked what happens when people cross state lines for medical care. Mr. Schmidt said that this is not a problem, and there will be a 100 percent reimbursement for Title XIX.

Senator Madden asked about sending individuals to Sioux San. Mr. Schmidt responded that this is more of a mental facility.

Representative Richter asked the delegation to be advocates for the licensing of foster care so the state knows how it can be of help to the tribes.

Ms. Spotted Eagle, Casey Family, Rosebud Division, informed the committee about the Casey program which supports four areas in Indian foster care on the Pine Ridge and Rosebud reservations. The Casey Program sponsored a State Judicial Conference. She invited the committee to the Crow Creek conference which is to be held at the end of February.

Representative Richter asked about how much money Casey brings to the reservations. Ms. Spotted Eagle said there are 25 staff on the Pine Ridge and Rosebud reservations, and a $2,500,000 center has been built.

Representative Adelstein responded to the issue of the cultural barrier and integration without assimilation. In the issue of culture the representative said, we should find a way to make the culture applicable to the 21^st century.

Mr. Harold Frazier, Vice Chair, Cheyenne River Sioux Tribe, and Ms. Carol Elk Nation, Director of Child Protection Services, presented information to the committee. Mr. Frazier said the tribe appropriates $50,000 to Child Protection Services, and this amount lasts until May.

Ms. Elk Nation said the major problem is welfare reform. She said that on the Cheyenne Indian Reservation, there are 200 participants on TANF, but there are not enough jobs for the TANF funds to be utilized.

Ms Elk Nation said the Department of Social Services took over the contract with the Cheyenne River Child Protection Services.

Representative Richter asked why the Cheyenne River Tribe lost its contract. Ms. Elk Nation said that the DSS did not let the tribe know about the time line. The children were not being seen for about six months.

Representative Klaudt asked why there were problems in keeping foster care. Mr. Frazier said the guidelines are too strict. Some of the Indian homes have no running water and are not up to code.

Representative Pummel asked who owns the houses. Mr. Frazier said that the people pay $400 per month rent. The homes are built by the U.S. Department of Housing and Urban Development.

Representative Richter asked who governs if a non-Indian makes an investment on the Cheyenne River Reservation and a dispute arises. Representative Tom Van Norman responded that people should check out the forum and the rules of the systems before making the investments.

Senator Putnam said that we need to understand each other and realize that tribes are sovereign nations.

Representatives Clark asked how difficult it would be to set up a program to maintain the houses on the reservations. This means learning skills and helping with maintaining the reservation homes. Mr. Frazier said that the tribe has recently received a vocational grant.

Representative Clark asked if the tribe has a plan to purchase a bus to get people to work. She wanted to know the plan for the use of the grant. Mr. Frazier said that he is working with Senator Daschle's office for funding a transit system.

Mr. Curtis Carroll, Indian Child Welfare Attorney, spoke to the committee about his background and the issue of foster care on the reservation.

Ms. Eva Getbert, Cheyenne River Sioux Tribe, told the committee that since the DSS has taken over the Child Protection Services, many complaints have been heard in her office. The DSS has the 4B monies, and the clients are not getting the assistance.

Representative Paul Valandra thanked the committee for the dialogue.