Three Tribes in New England and Their Health Programs Did Not Conduct Required Background Investigations on All Individuals in Contact With Indian Children

Submitting OIG:

Department of Health & Human Services OIG

Date Issued:

Friday, November 4, 2022

Agency Reviewed / Investigated:

Department of Health & Human Services

Submitting OIG-Specific Report Number:

A-01-20-01504

Component, if applicable:

Indian Health Service

External entity, if applicable:

Houlton Band, Passamaquoddy , Narragansett, & IHS

Location(s):

United States

Type of Report:

Audit

Questioned Costs:

Funds for Better Use:

Number of Recommendations:

View Document:

Attachment	Size
12001504.pdf	5.6 MB

Recommendation Number	Recommendation Status	Significant Recommendation
23-A-01-009.01	Open	No
We recommend that the Houlton Band of Maliseet Indians perform background investigations, as required by the Act, on individuals who currently have contact with Indian children and determine whether the individuals meet the required minimum character standards.
23-A-01-009.02	Open	No
We recommend that the Houlton Band of Maliseet Indians develop and implement policies and procedures that ensure the Tribe conducts FBI fingerprint background investigations using FBI-approved procedures for individuals in contact with Indian children, conducts inquiries to State and Tribal law enforcement agencies based on the 5 years of residency information on each application, and assesses criminal history results to verify that applicants meet the required minimum character standards.
23-A-01-009.03	Open	No
We recommend that the Houlton Band of Maliseet Indians request on employment applications information about each applicant's criminal history involving children, per the Tribe's policies and procedures related to the 1990 Crime Control Act.
23-A-01-009.04	Open	No
We recommend that the Passamaquoddy Tribe at Indian Township perform background investigations, as required by the Act, on individuals who currently have contact with Indian children and determine whether the individuals meet the required minimum character standards.
23-A-01-009.05	Open	No
We recommend that the Passamaquoddy Tribe at Indian Township develop and implement policies and procedures that ensure the Tribe requests information on each applicant's application about the prior 5 years of residency, conducts FBI fingerprint background investigations using FBI-approved procedures for individuals in contact with Indian children, conducts inquiries to State and Tribal law enforcement agencies based on the 5 years of residency information on each application, and assesses criminal history results to verify that applicants meet the required minimum character standards.
23-A-01-009.06	Open	No
We recommend that the Narragansett Indian Tribe perform background investigations, as required by the Act, on individuals who currently have contact with Indian children and determine whether the individuals meet the required minimum character standards.
23-A-01-009.07	Open	No
We recommend that the Narragansett Indian Tribe develop and implement policies and procedures that ensure the Tribe requests information on each applicant's application about the prior 5 years of residency, conducts FBI fingerprint background investigations using FBI-approved procedures for individuals in contact with Indian children, conducts inquiries to State and Tribal law enforcement agencies based on the 5 years of residency information on each application, and assesses criminal history results to verify that applicants meet the required minimum character standards.
23-A-01-009.08	Open	No
We recommend that the Indian Health Service continue to provide additional training and technical assistance, in collaboration with other organizations as needed, to ensure that Tribes understand and comply with the requirements to conduct background investigations and the character assessment requirements of the Act.
23-A-01-009.09	Open	No
We recommend that the Indian Health Service continue to take the actions described in the IHS Director's Letter to Tribal Leaders to identify best practices to protect the safety and security of Indian children and collect and share this information with all participants in the IHS health system.

Recommendation Number

Recommendation Status

Significant Recommendation

Additional Details

23-A-01-009.01

Open

We recommend that the Houlton Band of Maliseet Indians perform background investigations, as required by the Act, on individuals who currently have contact with Indian children and determine whether the individuals meet the required minimum character standards.

23-A-01-009.02

Open

We recommend that the Houlton Band of Maliseet Indians develop and implement policies and procedures that ensure the Tribe conducts FBI fingerprint background investigations using FBI-approved procedures for individuals in contact with Indian children, conducts inquiries to State and Tribal law enforcement agencies based on the 5 years of residency information on each application, and assesses criminal history results to verify that applicants meet the required minimum character standards.

23-A-01-009.03

Open