Finding Text
Identification of Major Programs: This finding relates to all major programs. 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. The adjudicator must have a current adjudicated background check on file. Condition: Our tests of the sample of background files disclosed 21 instances of no adjudications in the file, untimely background investigations and incomplete or missing adjudications or files. One of the expired background adjudications was for the School’s adjudicator. Context: We tested a sample of 41 files for current employees with 21 exceptions noted. Questioned Costs: None noted. Cause: Oversight of background checks was not being performed to ensure the School was complying with the requirements. The HR Director is in charge of the process but there is no oversight of the background system. 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 employee background files at least annually to ensure background check files are being properly completed, updated and maintained. The adjudicator must themselves have a independent clean adjudication on file with the School. Views of Responsible Officials: The views of management are included in the corrective action plan beginning on page 39.