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8.3A.8c. TITLE IV-E, Foster Care Maintenance Payments Program, Eligibility, Facilities requirements, licensing
Answer
Yes, in certain situations. In order to meet the requirements of section 471 (a)(10) of the Social Security Act, the State licensing authority must be responsible for establishing standards for foster family homes and child care institutions which are reasonably in accord with recommended standards of national organizations.
However, special situations may arise where there are grounds for waiving a requirement for an individual relative/foster parent on behalf of a foster child. For example, a relative's dwelling may contain 10% less square feet than necessary to meet normal licensing standards. In these exceptional circumstances, the reason for the waiver must be documented in the licensing/approval record for the foster home and the certification of licensure/approval must indicate its applicability only to the specific relative child.
All foster care licensing standards should provide equal protection in terms of safety, sanitation, civil rights, and admission policies (where applicable) for all children in care, regardless of their special situations. Children living in the homes of relatives are entitled to no less protection than children living in non-relative foster homes.
Source/Date
ACYF-CB-PIQ-85-11 (11/21/85)
Legal and Related References
Social Security Act - sections 471 (a)(10), and 472 (c)
Answer
No. Although Federal financial participation (FFP) is available for the costs of foster care maintenance only in licensed or approved foster homes or child care institutions, the statute does not limit licensing authority to the State or Tribe or its certified child placement agency. Foster care facilities may be licensed by the agency responsible for licensing, by other agencies under contract with the title IV-B/IV-E agency, or by Indian Tribal licensing authorities.
With respect to foster family homes on or near reservations, such homes may be licensed or approved by the Tribal licensing or approval authority(ies), pursuant to authority granted under The Indian Child Welfare Act of 1978 at 25 U.S.C. 1931
Source/Date
ACYF-CB-PIQ-87-01 (3/25/87), revised 9/30/26
Legal and Related References
Social Security Act - section 472; 45 CFR 1355.20; 25 U.S.C. of the Indian Child Welfare Act
Answer
Foster homes on or near an Indian reservation or "relative homes" must meet either State licensing standards or Indian Tribal licensing standards.
Source/Date
ACYF-CB-PIQ-87-01 (3/25/87); Preamble to the Final Rule (65 FR 4020) ( 1/15/00)
Legal and Related References
Social Security Act - section 471 (a)(10); 45 CFR 1355.20; 25 U.S.C. of the Indian Child Welfare Act
Answer
No. Foster care and adoptive home licenses/approvals are not considered a Federal, State or local public benefit under sections 401(c)(1)(A) and 411(c)(1)(A) of PRWORA because they are not professional or commercial licenses.
Source/Date
ACYF-CB-PIQ-99-01 (1/14/99)
Legal and Related References
Social Security Act - Titles IV-B and IV-E; the Personal Responsibility Work Opportunity Reconciliation Act (PRWORA) (PL 104-193)
Answer
Regardless of the term used to denote full licensure or approval, the statute and the regulation require that the State use the same standards to license or approve all foster homes, and the standards used must comprise full licensure or approval of the homes, including all applicable safety requirements. Some States have applied the terms "licensed" and/or "approved" to foster family homes that have complied with the States' requirements to provide foster care for children under the States' care and placement responsibility. At times, State requirements for "licensure" and "approval" have been different, particularly in their applicability to related and non-related foster family homes. While States may continue to use two different terms to denote licensure or approval of homes, the benefits of doing so are unclear, as the same standards must be used for all homes.
Source/Date
Questions and Answers on the Final Rule (65 FR 4020) (1/25/00)
Legal and Related References
Social Security Act - section 471 (a)(10); 45 CFR 1355.20
Answer
We recognize that certain administrative procedures may delay the actual issuance of a license beyond the date that all of the required documentation is received by the agency. The 60-day period begins when the agency has, in hand, all of the documentation required to issue a license, based on full compliance with the agency's licensing standards.
Source/Date
Questions and Answers on the Final Rule (65 FR 4020) (1/25/00), revised 9/30/26
Legal and Related References
45 CFR 1355.20
Answer
It depends. The purpose of requiring full licensure or approval of all foster family homes and child-care institutions is to ensure the health, safety, and protection of all children placed in foster care. If a foster family home or child-care institution is granted a provisional license, probationary license, or placed on probationary status due to its failure to fully satisfy all of the licensing or approval standards, then the children in such placement are not eligible for title IV-E foster care maintenance payments and the title IV-E agency may not claim FFP during the time that placement fails to fully comply with the standards. A title IV-E agency may begin claiming FFP for children in such placement when it fully complies with the licensing or approval standards. This means the title IV-E agency must prorate any claims when the otherwise eligible child has resided in the home or institution for a portion of the month.
However, if the foster family home or child care institution meets all of the licensure or approval standards but is on probation only in the sense that it is a newly licensed home or child-care institution requiring more frequent supervision by the agency, then the period of probation would not preclude the agency from providing title IV-E foster care payments on behalf of an otherwise eligible child.
Source/Date
Questions and Answers on the Final Rule (65 FR 4020) (1/25/00), revised 9/30/26
Legal and Related References
Social Security Act - section 471 (a)(10); 45 CFR 1355.20
Answer
A two-tiered system of licensing is one in which different licensing standards are applied to different groups of foster family homes. For example, different standards for related foster family homes and non-related foster family homes, as well as for "provisional" foster family homes that have not yet met all required standards for full licensure, are two-tiered systems. If a State maintains certain training requirements as a standard to be met for full licensure, the standard must be applied to all foster family homes licensed or approved by the State.
Source/Date
Questions and Answers on the Final Rule (65 FR 4020) (1/25/00)
Legal and Related References
Social Security Act - section 471 (a)(10); 45 CFR 1355.20
Answer
Section 1931 of the Indian Child Welfare Act (ICWA) authorizes Indian tribes and tribal organizations to establish and operate child and family services programs "on or near reservations," including a system for licensing or otherwise regulating Indian foster and adoptive homes. We use this language at section 1355.20 of the regulations to remain consistent with the ICWA.
Source/Date
Preamble to the Final Rule (65 FR 4020) (1/25/00)
Legal and Related References
Social Security Act - 45 CFR 1355.20; 25 U.S.C. of the Indian Child Welfare Act
Answer
No. Per the definition of "foster family home" at section 1355.20 of the regulations, a licensing or approval authority may be: a state authority in the state in which the foster family home is located; a tribal authority with respect to a foster family home on or near an Indian Reservation pursuant to the Indian Child Welfare Act; or the licensing authority of a Tribe operating a title IV-E program with respect to a foster family home in the tribal title IV-E agency's service area. The licensing or approval of foster or adoptive homes or institutions by an Indian tribe is equivalent to licensing or approval by a State. The authority to license or approve includes the authority to set standards.
Source/Date
Preamble to the Final Rule (65 FR 4020) (1/25/00), revised 9/30/26
Legal and Related References
Social Security Act - 45 CFR 1355.20; 25 U.S.C. of the Indian Child Welfare Act
Answer
If a foster family home or child-care institution is licensed for a portion of a month, the title IV-E agency may claim FFP for the entire month when an otherwise eligible child has resided in that home for the entire month. The agency must prorate any claims when the otherwise eligible child has resided in the home or institution for a portion of the month.
Source/Date
Questions and Answers on the Final Rule (65 FR 4020) (1/25/00), revised 9/30/26
Legal and Related References
Social Security Act - section 471 (a)(10)
Answer
If a child-care institution is granted a provisional license or placed on probationary status due to its failure to fully satisfy all of the State's licensing standards, then children placed in such facility are not eligible for title IV-E foster care maintenance payments. The child-care institution becomes eligible for Federal financial participation when it comes into full compliance with the State's licensing standards.
Source/Date
Questions and Answers on the Final Rule (65 FR 4020) (1/25/00)
Legal and Related References
Social Security Act - section 471 (a)(10)
Answer
Yes. Section 471(a)(10) of the Act requires that the State or Tribal licensing authority establish licensing standards and apply those standards to any foster family home or child care institution receiving funds under titles IV-B or IV-E of the Act. Furthermore, 45 CFR 1355.20 requires a title IV-E agency to apply the foster care licensing standards to all foster family homes for which it claims Federal financial participation. The only exception to these requirements is for foster family homes on or near Indian reservations, which may be licensed or approved in accordance with standards established by the tribal licensing or approval authority. The fact that a child-placing agency is conducting licensing activities on behalf of a title IV-E agency does not diminish the requirement for the agency to apply the licensing standards equally to all foster family homes. Failure to comply with this requirement will be considered a plan compliance issue.
The law does not preclude the title IV-E agency or child-placing agency from establishing additional criteria above and beyond basic licensing requirements for different levels of care to meet children's needs. For example, the State may license or approve all foster family homes according to the same minimum standards but require additional criteria for foster families that will provide therapeutic care or care for fragile children with special medical needs. As long as the title IV-E agency or child-placing agency adheres to the State's or Tribe’s basic licensing standards, the title IV-E agency meets the requirements of section 471(a)(10) of the Act.
Source/Date
8/16/2002, revised 9/30/26
Legal and Related References
Social Security Act section 471(a)(10); 45 CFR 1355.20
Answer
Under specific circumstances, a title IV-E agency may claim title IV-E reimbursement on behalf of an otherwise eligible child when a State's or Tribe’s licensure requirements are met through a "variance". For title IV-E purposes, a "variance" is a mechanism that allows the title IV-E agency to meet a standard for licensure in a way other than is specified in the rule that governs licensure in that State or Tribe. A "variance" is acceptable on a case-by-case basis only if the title IV-E agency has the authority to permit "variances", the purpose of the licensing standard is achieved, and the safety of the child is maintained. A "variance" constitutes an alternative equivalent method to meet the standard. For example, a "variance" may be granted when a foster family's well does not have potable water, and the family purchases bottled water for drinking. The title IV-E agency's "variance" from the original rule still meets the State's or Tribe’s licensing requirement that the home is able to provide safe drinking water.
Source/Date
9/29/05, revised 9/30/26
Legal and Related References
45 CFR 1355.20(a)
Answer
No. The title IV-E agency may not claim title IV-E foster care maintenance payments for the child because the child is not in a licensed/approved foster family home as required in section 472(b)(1) of the Social Security Act (the Act). Although the child is in a home that meets the State's or Tribe’s adoptive home approval requirements, the requirement in section 472(b)(1) of the Act that the child be placed in a licensed/approved foster family home is not met.
However, if the child meets the adoption assistance eligibility requirements in section 473(a)(2) of the Act, the title IV-E agency may claim for title IV-E adoption assistance payments paid on the child's behalf once an adoption assistance agreement has been signed by all parties prior to finalization.
Source/Date
6-Apr-06, revised 9/30/26
Legal and Related References
Social Security Act - sections 472(b) and 473(a)
Answer
No. Although it has been long-standing policy that FFP can be claimed from the first day of placement in the month in which all eligibility criteria have been met, such policy does not extend to situations in which a foster care provider's license or approval has been revoked. Revocation of a license/approval implies that the State or Tribe has rescinded, withdrawn or otherwise invalidated the provider's license or approval. Therefore, instead of the Q/A referred to in the question, section 8.3A.8c of the CWPM, Q/A #7, more appropriately applies to this circumstance. This Q/A responds to a question about whether FFP can be claimed in situations where a foster family home has a provisional license, probationary license, or has been placed on probation. A title IV-E agency cannot claim FFP for foster care maintenance payments beyond the date of revocation of a foster care provider's license or approval. A title IV-E agency may, however, claim a full month of administrative costs in accordance with the agency's cost allocation plan (for Tribes, cost allocation methodology).
Source/Date
8/7/2006, revised 9/30/26
Legal and Related References
45 CFR 1355.20 (definition of foster family home); Child Welfare Policy Manual, Section 8.3A.8c, Q/A #7 and Q/A #11
Answer
Under certain circumstances, it is possible that the State may claim administrative costs in this situation. Please see section 8.3A.8c, question 11 of the Child Welfare Policy Manual in which we allow the State to claim administrative costs for the entire month when an otherwise eligible child has resided in a home for the entire month, even if it is only licensed for a portion of the month. Furthermore, if the State's policies allow an expired license to remain in effect until renewed, the child placed in such a home is considered placed in a licensed foster family home, and the State may claim Federal Financial Participation (FFP) during that period. If, however, the State does not consider the expired license to remain in effect, the State may not claim FFP from the beginning of the month after the license expired until the beginning of the month in which the license is re-issued.
Source/Date
4/26/2007
Legal and Related References
Social Security Act § section 471(a)(10), Child Welfare Policy Manual § section 8.3A.8c, question 11
Answer
Yes, to both questions. In order for a child to be eligible for title IV-E foster care maintenance payments, the statute requires that the foster family home or child care institution be licensed by the licensing authority of the State or Tribe program in which the home is situated.
If during a title IV-E eligibility review, we find that a foster care maintenance payment has been made during the period under review for a child placed in a foster family home (or child care institution) not licensed or approved by the State or Tribe in which it is situated, the case will be found in error. If we find such payments were made outside the period under review, the ineligible payments will be disallowed.
Source/Date
11/14/2007; revised 9/30/26
Legal and Related References
Social Security Act § section 472(c)
Answer
Section 472(c) of the Social Security Act (the Act) requires a foster family home to be licensed or approved in accordance with section 471(a)(10) of the Act by the agency of the State that has responsibility for licensing such homes. Therefore, as long as the State considers the foster family home licensed, ACF will consider the title IV-E eligibility requirement met.
Source/Date
12/31/2007
Legal and Related References
Social Security Act § sections 471(a)(10) and 472(c)
Answer
Yes to both questions. Section 471(a)(10) of the Act requires title IV-E agencies to amend their standards for foster care to permit caretakers to use the reasonable and prudent parenting standard, and foster parents and designated officials for a child care institution must apply the standard as described in law at section 475(10)(A) of the Act. Specifically, the Act defines "reasonable and prudent parent standard" to mean "the standard characterized by careful and sensible parental decisions that maintain the health, safety, and best interests of a child while at the same time encouraging the emotional and developmental growth of the child, that a caregiver shall use when determining whether to allow a child in foster care...to participate in extracurricular, enrichment, cultural, and social activities."
Source/Date
6/5/2015
Legal and Related References
Social Security Act – sections 471(a)(10), 475(10)
Answer
Yes. Officials of the child care institution affiliated with the child's case, such as the child care institution's case manager, may be a designated "onsite" official. The person must be trained in how to use and apply the reasonable and prudent parent standard in the same manner as prospective foster parents are trained.
Source/Date
8/26/2015
Legal and Related References
Social Security Act - Section 471(a)(10)(B)
Answer
Except where the title IV-E statute directly references the definition of relative under the former Aid to Families with Dependent Children (AFDC) program, title IV-E agencies have the discretion to define the term "relative" for the purposes of title IV-E. Specifically, title IV-E agencies must use the definition of "specified relatives" as described in section 406(a) of the Social Security Act (the Act) as in effect on July 16, 1996, and implemented in 45 CFR 233.90(c)(1)(v) for the following title IV-E foster care provision: - Title IV-E foster care maintenance payment eligibility in part depends on whether a child would have received AFDC in the home of a "specified relative" from which the child was removed in or for the month of removal if the child has lived with the "specified relative" within 6 months of the child's removal (see section 472(a)(3)(A) of the Act and Child Welfare Policy Manual 8.3A.11, Q/A #4). Title IV-E agencies have the discretion to define "relative" when it is not otherwise defined by the statute, including under the following provisions: - A title IV-E agency may define "relative" for purposes of claiming administrative costs for a limited period of time while the relative's application for licensure or approval as a foster family home is pending, in accordance with 472(i)(1)(A) of the Act. (The child must have been removed from the home of a "specified relative" in order to be eligible for this administrative cost claiming.) - A title IV-E agency may define "relative" for purposes of waiving non-safety licensing standards for relatives permitted under section 471(a)(10)(D) of the Act. - A title IV-E agency has discretion to define the term "relative" for the purposes of the Title IV-E Kinship Guardianship Assistance Program. This means that the Children's Bureau will accept a title IV-E plan or amendment that contains a reasonable interpretation of a relative, including a plan that limits the term to include biological and legal familial ties or a plan that more broadly includes Tribal kin, extended family and friends, or other "fictive kin" (see section 471(a)(28), section 473(d) and ACYF-CB-PI-10-11). - Under the relative notification requirements of section 471(a)(29) of the Act, the title IV-E agency has discretion to determine the scope of the terminology "all other adult relatives." However, to the extent that it is practical, the Children's Bureau suggests that the agency use the same definition of "relative" for the relative notification provision and the title IV-E kinship guardianship assistance program option (if the agency elects the guardianship option) (see ACYF-CB-PI-10-11). - A title IV-E agency that elects to develop different licensing or approval standards for relative or kinship foster family homes and non-relative/non-kinship foster family homes under 45 CFR 1355.20 may define "relative" and "kin" when determining to whom they will apply the relative licensing and approval standards. The Children's Bureau encourages agencies to define relative and kin in a way that is inclusive of tribal custom and adopt a broad definition of relative and kin for purposes of licensing and approval standards. - A title IV-E agency that elects to claim federal financial participation for allowable administrative costs of independent legal representation provided to the relative caregiver of a child who is eligible for title IV-E foster care under 45 CFR 1356.60(c)(4)(ii), has discretion to define the term "relative." For example, a title IV-E agency may define relative to include kin and "fictive-kin." In exercising this discretion, the Children's Bureau encourages title IV-E agencies to implement a definition of "relative" that includes a wide range of kinship relationships to support early identification of relatives and kin and to help remove barriers to kinship placements.
Source/Date
8/8/2024
Legal and Related References
Social Security Act sections 471(a)(10), (28) and (29), 472(a)(3)(A) and (i)(1)(A); 473(d); 45 CFR 233.90(c)(1)(v), 1355.20, and 1356.60(c)(4)(ii); Child Welfare Policy Manual 8.3A.11, Q/A #4 and 8.1B, Q/A #11; ACYF-CB-PI-10-11