Tribal Foster Youth
AB 1962 & AB 1055
AB 1962 (2018) amends EC § 49085 and changes the definition of "foster youth" for state funding and accountability purposes by adding a dependent child of the court of an Indian tribe, consortium of tribes, or tribal organization who is the subject of a petition filed in the tribal court pursuant to the tribal court's jurisdiction in accordance with the tribe's law, provided that the child would also meet one of the descriptions in WIC § 300 describing when a child may be adjudged a dependent child of the juvenile court. This change is effective in the 2020–2021 fiscal year.
AB 1055 (2021) amends EC § 42238.01 and addresses the unintended consequences of AB 1962 (2018) by ensuring that every student in foster care under the authority of a tribal court, if identified to an LEA by the Tribe or Tribal Court, will receive the same entitlements afforded to all students in foster care in California. In addition, it aligns California’s definition of a student in foster care with the federal definition in ESSA, by including those students who are on a Voluntary Placement Agreement (VPA) in the definition of a student in foster care. This change is effective January 1, 2022.
Download the CDE Foster Youth Definitions document and see additional information on the definitions tab of the CDE webpage.
Webinars & Documents
Implementation of AB 1962: Tribal Court Identified Foster Youth Webinar (August 25, 2020)
Guidance for Implementing AB 1962
CA Department of Education, August, 2020Sample Tribal Foster Youth Enrollment Questionnaire
CA Department of Education, August, 2020Sample Tribal Foster Youth Confirmation Form
CA Department of Education, August, 2020CA Department of Education, July 2021All County Letters & Notices
Engaging and Supporting Families Navigating California's Child Welfare System (Includes information about engaging with tribal partners)Educational Rights of Tribal Youth and Youth in Voluntary PlacementsLegislation & Legal
Web Links
CDE Tribal Consultation Webpage
Includes Tribal Consultation Toolkit and Tribal Leaders ToolkitCalifornia Tribal Courts Directory
U.S. Department of Interior Indian AffairsAmerican Indian Education Center, and Local Education Agency Locator
An interactive online mapping tool for locating California federally-recognized Tribes, California Department of Education-funded American Indian education centers, and local education agencies.Data
Are tribal foster youth included in DataQuest and the California School Dashboard?
Beginning with the 2020–21 school year, the reports on DataQuest and the California School Dashboard include tribal foster youth, with the exception of the DataQuest "Foster Student Data" group of reports. This report group is specific to CDSS youth identified in the foster match. For more information on tribal youth identification, refer to CALPADS Flash #186: New Education Program for 2020–21: Tribal FY. For more information on the CALPADS foster match with CDSS data, go to the Data & Tech page.
What is the process and protocol for identifying Tribal foster youth?
Students who are in foster care under the authority of a tribal court will self-identify much in the same manner as a student experiencing homelessness. LEAs should include information about entitlements to families and include questions on enrollment documents.
See additional guidance on the Tribal Foster Youth page.
Approved November 2022