Two Tribes in Oklahoma and Their Health Programs Did Not Meet All Federal and Tribal Requirements for Background Investigations on Individuals in Contact With Indian Children

Submitting OIG:

Department of Health & Human Services OIG

Date Issued:

Friday, January 12, 2024

Agency Reviewed / Investigated:

Department of Health & Human Services

Submitting OIG-Specific Report Number:

A-01-20-01505

Component, if applicable:

Indian Health Service

Location(s):

United States

Type of Report:

Audit

Questioned Costs:

Funds for Better Use:

Number of Recommendations:

Report updated under NDAA 5274:

View Document:

Attachment	Size
OIG-HHS-Tribal-Requirements.pdf	5.04 MB

Recommendation Number	Recommendation Status	Significant Recommendation
24-A-01-039.01	Open	No
We recommend that the Choctaw Nation perform background investigations, as required by the ICPFVPA, on all employees and temporary employees who currently have contact with Indian children and determine whether these individuals meet the required minimum character standards.
24-A-01-039.02	Open	No
We recommend that the Choctaw Nation request and review agency contractor background investigations that comply with the ICPFVPA, including documentation that confirms HHS employees met all background investigation requirements of the ICPFVPA, or perform background investigations on these individuals that comply with the ICPFVPA.
24-A-01-039.03	Open	No
We recommend that the Choctaw Nation develop and implement policies and procedures that ensure that the Tribe follows the requirements of the ICPFVPA to: collect information about the applicants' previous 5 years of residency, conduct FBI fingerprint background investigations using FBI-approved procedures for all individuals in contact with Indian children, conduct inquiries to State and Tribal law enforcement agencies about the applicants' previous 5 years of residency, and assess criminal history results to verify that applicants meet the required minimum character standards.
24-A-01-039.04	Open	No
We recommend that the Cherokee Nation perform background investigations, as required by the ICPFVPA, on the employees and volunteers we identified as not having complete background investigations who currently have contact with Indian children and determine whether these individuals meet the required minimum character standards.
24-A-01-039.05	Open	No
We recommend that the Cherokee Nation identify employees and volunteers outside our sample who lack evidence that a background investigation was performed, as required by the ICPFVPA, and who currently have contact with Indian children and perform the required background investigation and determine whether these individuals meet the required minimum character standards.
24-A-01-039.06	Open	No
We recommend that the Cherokee Nation request and review agency contractor background investigations that comply with the ICPFVPA, including documentation that confirms HHS employees met all background investigation requirements of the ICPFVPA, or perform background investigations on these individuals that comply with the ICPFVPA.
24-A-01-039.07	Open	No
We recommend that the Cherokee Nation develop and implement policies and procedures to ensure that: all individuals, including contractors and volunteers, in contact with Indian children are fingerprinted prior to starting employment, illegible fingerprints are retaken and resubmitted to FBI until a background investigation is completed in accordance with the requirements of the ICPFVPA, background investigations of contractors, including HHS employees, are reviewed or performed as required by the ICPFVPA and Tribal policies, and criminal history results are assessed to verify that applicants meet the required minimum character standards.
24-A-01-039.08	Open	No
We recommend that the Indian Health Service enhance Single Audit Compliance Supplement, part 4: "Agency Program Requirements," for Tribes receiving ISDEAA funds from IHS by: establishing special tests and audit procedures in the annual Single Audit Compliance Supplement for all its ISDEAA programs to ensure that the ICPFVPA's requirements are tested during a review of a Tribal health program as part of the single audit, and reviewing the results of those special tests and audit procedures in the annual single audits for Tribal health programs to help assess whether Tribes are complying with ICPFVPA requirements to conduct background investigations and meet minimum standards of character.
24-A-01-039.09	Open	No
We recommend that the Indian Health Service develop and offer a nationwide training seminar to Tribes on background investigation requirements of the ICPFVPA.
24-A-01-039.10	Open	No
We recommend that the Indian Health Service provide Tribes with documentation that confirms that current HHS employees assigned to Tribal health programs met all background investigation requirements of the ICPFVPA.

Recommendation Number

Recommendation Status

Significant Recommendation

Additional Details

24-A-01-039.01

Open

We recommend that the Choctaw Nation perform background investigations, as required by the ICPFVPA, on all employees and temporary employees who currently have contact with Indian children and determine whether these individuals meet the required minimum character standards.

24-A-01-039.02

Open

We recommend that the Choctaw Nation request and review agency contractor background investigations that comply with the ICPFVPA, including documentation that confirms HHS employees met all background investigation requirements of the ICPFVPA, or perform background investigations on these individuals that comply with the ICPFVPA.

24-A-01-039.03

Open