Tribal Engagement and ICWA: ACLs and ATLLs

All County Letters (ACLs) and All Tribal Leaders Letters (ATLLs)

Note: All letter links go to the California Department of Social Services (CDSS) website.

Letter Number/LinkLetter NameDescription
ACL 10-47IMPLEMENTATION OF TRIBAL CUSTOMARY ADOPTION - ASSEMBLY BILL 1325 (CHAPTER 287, STATUTES
OF 2009)
The purpose of this ACL is to provide comprehensive information and direction to counties, adoption agencies, tribes and other individuals/organizations responsible for the statewide implementation of TCA.
ACL 16-19INDEPENDENT LIVING PROGRAM (ILP) SERVICES FOR TRIBAL YOUTHThe purpose of this All County Letter is to inform federally recognized tribes, including federally recognized tribal organizations, of their entitlement, under federal law, to Independent Living Program (ILP) benefits and services for their eligible youth. It is also intended to advise counties of their obligation to provide these benefits and services to eligible tribal youth. Indian youth must be provided access to independent living programs on the same basis as other youth in the state (SSA section 477(b)(3)(G)) codified as 42 USC section 677(b)(3)(G)). County ILP coordinators are required to ensure that benefits, services, and treatment are fair and equitable to all eligible youth. Core services should be provided as identified in MPP section 31-525 based on individual needs and goals as documented in the youth’s Transitional Independent Living Plan (TILP) (MPP 30-506.9).
ACL 17-62NEW AUTHORITIES FOR TRIBAL BACKGROUND CHECKSThe purpose of this All County Letter (ACL) is to provide information and instructions to county child welfare and probation agencies regarding recent legislation, SB 1460 (Chapter 772 Statutes of 2014) and AB 403 (Chapter 773, Statutes of 2015), giving federally recognized tribes the ability to conduct their own background checks for purposes of approving homes for placement of Indian children. The SB 1460 amended PC sections 11105 and 11170(a) and added WIC section 10553.12. The AB 403 clarified the definition of “tribal agency,” and provided the California Department of Justice (CDOJ) approved tribes with the authority to conduct criminal and child abuse background checks of all necessary parties, as well as to grant exemption requests, for prospective Tribally Approved Homes (TAHs).
ACL 18-140TRIBAL ACCESS TO CHILD WELFARE CASE RECORDSThis letter provides counties with guidance regarding sharing CWS case records with Indian tribes and/or their representatives. In addition, this letter outlines specific circumstances in which counties shall exempt tribes from incurring monetary fees for receiving copies and/or transmissions of CWS case records.
ACL 19-71TRIBALLY APPROVED HOMESThe purpose of this All County Letter (ACL) is to provide information and clarification regarding the approval, payment, and placement preservation of Tribally Approved Homes (TAHs) resulting from changes in state and federal law since All County Information Notice (ACIN) I-86-08.
ACL 20-38CHILDREN AND FAMILY SERVICES DIVISION: IMPLEMENTATION OF ASSEMBLY BILL 3176 REGARDING INDIAN CHILDREN (CHAPTER 833, STATUTES OF 2018)The purpose of this letter is to provide a general overview to county child welfare services agencies and county probation departments of certain provisions passed under Assembly Bill (AB) 3176 (Chapter 833, Statutes of 2018), effective January 1, 2019. This bill amended 32 sections of the Welfare and Institutions Code. This letter does not address every part of the changes made by AB 3176 and is not intended to be a comprehensive guide. The purpose of this letter is to highlight the significant amendments passed by AB 3176.
ACL 22-35TIMING AND FREQUENCY OF CHILD AND FAMILY TEAM MEETINGSThe purpose of this All County Letter is to provide guidance to county Child Welfare Services agencies and Juvenile Probation Departments clarifying the timeframes for when Child and Family Team (CFT) meetings must occur. This guidance also includes updates of CFT requirements including Foster Care Bill of Rights, Indian Foster Children in California, and a First District Court of Appeal decision reviewing county probation placement of a youth in a Short-Term Residential Therapeutic Program.
ACL 22-73ASSEMBLY BILL (AB) 1068 AND PRACTICE GUIDANCE FOR THE CHILD AND FAMILY TEAM (CFT) PROCESSThe purpose of this All County Letter (ACL) is to communicate and support counties and Tribes (if required by the tribe’s IV-E agreement) on the changes to the Child and Family Team (CFT) process made as a result of Assembly Bill (AB) 1068 (Statutes of 2019). This ACL provides guidance regarding CFTs and the Juvenile Court Report documentation; CFT action plans; the inclusion of the educational rights holder within the CFT; and confidentiality and sharing of information within the CFT.
ACL 22-95DOCUMENTATION OF INDIAN CHILD WELFARE ACT INFORMATIONThe purpose of this All County Letter (ACL) is to engage, support, and assist child welfare services (CWS) agencies with documentation requirements for reporting Indian Child Welfare Act (ICWA) data in the statewide child welfare information system. This letter also includes specific instructions for entering this information into the current Child Welfare Services/Case Management System (CWS/CMS). Adherence to the instructions in this ACL will help ensure that ICWA data is documented correctly and the default “not asked” is accurately updated to reflect the child/youth’s ICWA information and will improve data quality.
ATLL 23-02TRIBALLY APPROVED HOMES COMPENSATION PROGRAMThe purpose of this All Tribal Leader Letter (ATLL) is to provide information and guidance to federally recognized Indian Tribes in California or with lands that extend into California (hereafter “Tribes” unless otherwise noted) regarding the $5,200,000 State General Fund available to eligible Tribes that elect to participate in the Tribally Approved Homes (TAH) Compensation Program (hereafter “the Program” or “TAH Compensation Program”) established to provide Tribes with compensation to assist in approving their own homes for foster or adoptive placement of dependent Indian children and youth.
ATLL 23-05ELIMINATE THE TRIBAL SHARE COSTS FOR TRIBES WITH AGREEMENTS UNDER WELFARE AND INSTITUTIONS CODE SECTION 10553.1The purpose of this All Tribal Leaders Letter (ATLL) is to notify federally recognized Tribes in California or with lands that extend into this state, effective January 1, 2022, Assembly Bill (AB) 873 (Chapter 284, Statutes of 2021) amended Welfare and Institutions Code (WIC) Section 10553.1 and eliminated the tribal share of costs previously required for Child Welfare and Adoptions Programs. Agreements pursuant to WIC Section 10553.1 shall be in accordance with WIC Section 16000.6, and not inconsistent with Section 1919 of Title 25 of the United States Code.
ACL 23-46INDIAN CHILD WELFARE ACT INQUIRY, REASON TO BELIEVE, REASON TO KNOW, AND NOTICE REQUIREMENTSThe purpose of this All County Letter (ACL) is to engage, support, and assist county child welfare services (CWS) agencies and county probation departments with Indian Child Welfare Act (ICWA) implementation by providing an overview of amendments to Welfare and Institutions Code (WIC) section 224.2 related to the ICWA (25 United States Code (USC) §§ 1901 et seq.) and the federal Bureau of Indian Affairs (BIA) regulations implementing the ICWA. (25 Code of Federal Regulations (CFR) Part 23.) This ACL is a follow-up to ACL No. 20-38, which indicated the California Department of All County Letter No. 23-46 Page Two Social Services (CDSS) would release further policy and best practice guidance to provide additional support for implementing the amendments to the California WIC provisions made in order to conform state law with the 2016 amendments to the BIA regulations. This ACL is the first in a series devoted to this topic and will focus on “inquiry,” “reason to believe,” “further inquiry,” “reason to know,” and “notice” requirements.
ACL 23-49GUIDANCE ON TRIBAL PARTICIPATION IN SYSTEM OF CARE MEMORANDUM OF UNDERSTANDING PER ASSEMBLY BILL 153This letter provides guidance on tribal participation in System of Care (SOC) memorandums of understanding (MOU) per Assembly Bill (AB) 153. This bill requires that each county establish a process, through tribal consultation with the federally recognized Tribes to engage and coordinate regarding the ongoing implementation of the System of Care memorandums of understanding required by Assembly Bill 2083.
 
ACL 23-52HAALAND ET AL. V. BRACKEEN ET AL.The purpose of this All County Letter (ACL) is to provide a general overview of California’s laws, policies and other authorities supporting federally recognized tribes, children and families, tribal sovereignty, tribal engagement and tribal culture given the case of Haaland et al. v. Brackeen et al. (Brackeen) pending in the Supreme Court of the United States (SCOTUS). This letter reflects the California Department of Social Services’ (CDSS) ongoing commitment to tribes, tribal sovereignty, tribal engagement, All County Letter No. 23-52 Page Two protection of tribal culture and the well-being of Indian children1 and their families. This letter also presents the CDSS’s expectations for counties’ response to the SCOTUS decision when it is published.
ACL 23-64SAFETY ASSESSMENT, EMERGENCY REMOVAL AND EMERGENCY PLACEMENT OF INDIAN CHILDRENThe purpose of this All County Letter is to engage, support, and assist county child welfare services agencies with Indian Child Welfare Act (25 United States Code section 1901 et seq.) implementation of the amendments to the California Welfare and Institutions Code provisions made under Assembly Bill 3176 (Chapter 833, Statutes of 2018). This letter is a follow-up to All County Letter No. 20-38, which indicated the California Department of Social Services would release further policy and best practice guidance and additional support. This letter is the second in a series devoted to this topic and will focus on emergency removals and emergency placements.
ACL 23-101STRUCTURED DECISION MAKING: ENHANCEMENTS TO THE HOTLINE, SAFETY, AND RISK ASSESSMENT TOOLSThis letter is to inform county child welfare services agencies and Tribes of updates to the Structured Decision Making Hotline, Safety and Risk Assessment tools. These updates conform with existing laws, policies, regulations, and guidance to promote increased child safety throughout California as well as increase alignment with the Indian Child Welfare Act (25 United States Code section 1901 et seq.) and statutory changes made to the Welfare and Institutions Code sections by Assembly Bill 3176 (Chapter 833, Statutes of 2018) which includes active efforts requirements for collaborative assessment for the Indian child’s Tribe early, often and as practicably possible, which continues throughout the life of a case.
ACL 24-18PROVIDING ACTIVE EFFORTS WHERE IT IS KNOWN, OR THERE IS REASON TO KNOW, A CHILD IS AN INDIAN CHILDThe purpose of this All County Letter is to provide guidance to county child welfare services agencies and probation departments regarding the requirements to make affirmative, active, thorough, and timely efforts intended primarily to maintain or reunite an Indian child with their family. Active efforts provide remedial services and rehabilitative programs designed to prevent the break-up of Indian families and to connect Indian children and their families to culturally relevant services. To support counties in meeting the evidentiary standards in the federal Indian Child Welfare Act of 1978 (25 United States Code section 1901 et seq.) and in California law, as well as child welfare practice requirements contained in federal and state laws and regulations, this letter sets forth current requirements and best practices. This letter is the third in a series devoted to the implementation of Assembly Bill 3176 (Chapter 833, Statutes of 2018) and focuses on active efforts.
ACL 24-39REQUIREMENTS FOR THE TRANSFER OF INDIAN CHILDREN TO A FEDERALLY RECOGNIZED TRIBE, INCLUDING TO A TRIBAL TITLE IV-E AGENCY OR AN INDIAN TRIBE WITH A TITLE IV-E AGREEMENT WITH A STATE, AND SUPERSEDING ALL COUNTY LETTER 14-15This All County Letter provides policies and procedures and identifies the state and federal requirements for transferring an Indian child from the county child welfare system and court jurisdiction to a Tribal title IV-E agency or an Indian Tribe with a title IV-E agreement with a state, as well as requirements and best practices for transfer to any federally recognized tribe. Guidance in this ACL updates legal references and links to forms where necessary. This All County Letter supersedes ACL 14-15.
ACL 25-03INDIAN CHILD WELFARE ACT VOLUNTARY PROCEEDINGS AND INVOLUNTARY PROCEEDINGS REQUIREMENTSThe purpose of this All County Letter is to engage, support, and assist county child welfare services and probation agencies with the Indian Child Welfare Act (25 United States Code section 1901 et seq.) implementation of the amendments to the California Welfare and Institutions Code provisions made under Assembly Bill 3176 (Chapter 833, Statutes of 2018) as a follow-up to All County Letter No. 20-38, which indicated the California Department of Social Services would release further policy and best practice guidance and additional support. This letter is the fourth in a series devoted to this topic and will focus on child custody proceedings.
ACL 25-20ADOPTION ASSISTANCE PROGRAM (AAP) ELIGIBILITY AND ASSEMBLY BILL (AB) 2948The purpose of this All County Letter (ACL) is to inform and provide implementation instructions to the counties, the California Department of Social Services Adoption Regional Offices, and federally recognized Tribes for Assembly Bill (AB) 2948, effective January 1, 2025. This letter does not apply to Tribal adoptions that have finalized prior to January 1, 2025.
ACL 25-30INDIAN CHILD WELFARE ACT QUALIFIED EXPERT WITNESS REQUIREMENTSThe purpose of this All County Letter (ACL) is to engage, support, and assist county child welfare services and probation departments with implementation of the Indian Child Welfare Act (25 United States Code § 1901 et seq.) and amendments to Welfare and Institutions Code related to Assembly Bill 3176 (Chapter 833, Statutes of 2018) requirements. This ACL is the fifth in a series devoted to this topic and will focus on Qualified Expert Witnesses.
ACL 25-67: Youth Who Are Missing / Run  Away from Care and Protocol DevelopmentYOUTH WHO ARE MISSING AND/OR RUN AWAY FROM CARE AND PROTOCOL DEVELOPMENTThe purpose of this All County Letter (ACL) is to inform counties of the changes made by the passage of Assembly Bill (AB) 2108 (Chapter 660, Statutes of 2024) and AB 161 (Chapter 46, Statutes of 2024) as related to children1 that are missing from foster care. AB 2108 amended Welfare and Institutions Code (WIC) section 16501.35 which now requires the social worker or probation officer, when they receive information that a child receiving child welfare services is missing from foster care, to immediately, but in no case later than 24 hours from the receipt of that information, notify specified entities or persons, including the local law enforcement agency and the child’s or nonminor dependent’s parents/guardians/Indian Custodians, and the child’s Tribe in the case of an Indian child.
ACL 25-89EXCLUSIVE TRIBAL JURISDICTION AND TRANSFER TO TRIBAL COURTThe purpose of this All County Letter (ACL) is to engage, support, and assist county child welfare services (CWS) and county probation departments with implementation of the Indian Child Welfare Act (ICWA), by providing an overview of amendments to the Welfare Institution Code (WIC) related to the ICWA (25 United States Code § 1901 et seq.) and Assembly Bill (AB) 3176 (Chapter 833, Statutes of 2018). This letter is the sixth and final letter in a series devoted to this topic and will focus on the implementation requirements for county child welfare agencies and probation departments of the ICWA provisions listed in WIC section 305.5, including engaging with Indian children, families, and Tribes exercising exclusive Tribal jurisdiction and transferring jurisdiction to Tribal Court.