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, 2020

Sample Tribal Foster Youth Enrollment Questionnaire

CA Department of Education, August, 2020

Sample Tribal Foster Youth Confirmation Form

CA Department of Education, August, 2020

Sample MOUs

Tribal Consultation Toolkit

CA Department of Education, July 2021


All County Letters & Notices

ACIN I-54-20 (June 29, 2020)

Engaging and Supporting Families Navigating California's Child Welfare System(Includes information about engaging with tribal partners)

ACL 22-36 (August 24, 2022)

Educational Rights of Tribal Youth and Youth in Voluntary Placements

Legislation & Legal

AB 1962 Bill Text

AB 1055 Bill Text


Web Links

CDE Tribal Consultation Webpage

Includes Tribal Consultation Toolkit and Tribal Leaders Toolkit

California Tribal Courts Directory

Federal and State Recognized Tribes

Tribal Leaders Directory

U.S. Department of Interior Indian Affairs


American 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

CALPADS Flash #186: New Education Program for 2020–21: Tribal FY

August 13, 2020

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.