Finding 389784 (2023-001)

Criteria: The Indian Child Protection and Family Violence Prevention Act requires Indian tribes and tribal organizations that receive funds under the ISDEAA or the Tribally Controlled Schools Act to conduct an investigation of the character of each individual who is employed or is being considered for employment in a position that involves regular contact with, or control over, Indian children. In addition, background investigations must be completed every five years and adjudicated by an adjudicating official with proper training and credentials. Condition: Background checks were not available for two employees selected for testing. The background checks for two additional employees were not in compliance with the five-year requirement. Context: There were four exceptions noted in our sample of ten employees. Questioned Costs: None noted .Cause: Oversight of background checks was not being performed to ensure the School was complying with the requirements. Effect: The School is not in compliance with the Indian School Equalization Program or the Indian Child Protection and Family Violence Prevention Act. Identification of Prior Audit Finding: This finding is not a repeat of a prior year finding. Recommendation: We recommend the School implement an independent review of the background check files at least annually to ensure background check files are being properly completed, updated and maintained. Views of Responsible Officials: The views of management are included in the corrective action plan beginning on page 36.