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Child Welfare Policy Manual Updates

Deletions to the Manual

The following are questions and answers that have been deleted from the manual. They are listed here strictly for historical purposes.

1.1 AFCARS, Compliance and Penalties

1. Question:

How are the penalties calculated for a submission (e.g., the 90% accuracy requirement)? (Deleted July 05, 2002)

Answer:

After an opportunity for corrective action, penalties will be calculated on an element by element basis. If an applicable element is missing, out-of-range, or is part of an internal consistency relationship (as dictated in 45 CFR 1355, Appendix E) that fails, it will be converted to missing and considered in error. The percentage of errors per element will then be calculated using the number of errors across all records per element as the numerator, and the number of records that require that element as the denominator. The denominator will not always be the total number of records for each element; rather, the denominator will be the number of records for which an element requires an entry of information. An entry can include unknowns, not applicable, etc. Also in the Foster Care file, records that meet certain criteria are only required to contain "Core" data; in the Adoption file, records in which the State Agency had no involvement are not required to submit elements 5-37.

If the percentage yielded from this calculation is greater than the error standard (in most cases 10%), a penalty will be assessed on the file (i.e., foster care or adoption) in which the element appears.

In addition, penalties can be incurred by: No submission of a file; Submission of a file after the 45 day submission period; More than 10% of the records in the foster care data contain a removal transaction (computer-generated) date that is more than 60 days from the associated removal date; More than 10% of the applicable records in the foster care file contain a discharge transaction date that is more than 60 days from the actual date of discharge.

Source/Date

ACYF-CB-PIQ-95-01 (3/8/95)

Legal and Related References

Social Security Act - section 479; 45 CFR Parts 1355, 1356 and 1357

1.2 AFCARS, Data Elements and Definitions

1. Question:

What procedures should a child welfare worker follow in order to most effectively obtain accurate information on the racial and ethnic status of children and adults? (Deleted November 13, 2024)

Answer:

AFCARS requires the reporting of race and Hispanic/Latino Origin on children in foster care, children who have been adopted, foster care providers, and adoptive parents. As noted in Appendices A and B of the Federal regulations at 45 CFR 1355, in the sections related to the instructions for foster care and adoption data elements, race and Hispanic/Latino origin information is based on how a client/adult perceives him/herself, or in the case of young children, how the parent identifies the child. This means the information on race and Hispanic/Latino Origin is to be self-reported by the individual. Additionally, racial and ethnic information should be collected and stored as separate pieces of information about the client. Workers must ask clients this information and not make assumptions on which and how many races a person may be and whether the client is Hispanic or Latino or not. When a worker, rather than the client, makes this determination, he or she may be under-representing all possible races. For AFCARS extraction and submission purposes, information not collected or not available for a particular client record (for whatever reason) is mapped as all blanks (not all zeros, all 9's, etc.). Missing information should never be mapped to a valid AFCARS value.

Source/Date

7/19/2004

Legal and Related References

Section 479 of title IV-E of the Social Security Act; 45 CFR 1355, Appendix A, Section II Definitions and Instructions for Foster Care Data Elements, II. Child's Demographic Information, c. Race/Ethnicity and Appendix B, Section II Definitions and Instructions for Adoption Data Elements, II. Child's Demographic Information, c. Race/Ethnicity

1.2A AFCARS, Data Elements and Definitions, Adoption Specific Elements

2. Question:

What procedures should a child welfare worker follow in order to most effectively obtain accurate information on the racial and ethnic status of children and adults? (Deleted November 13, 2024)

Answer:

Source/Date

7/19/2004

Legal and Related References

1. Question:

In terms of reporting adoptions it is not clear whether States are required to submit data on adoptions for which an agency may have limited involvement, such as only performing a home study. The agency's data on these adoptions may be very limited. Does the Department want information on such adoptions submitted to AFCARS? (Deleted November 13, 2024)

Answer:

The regulations encourage, but do not require, States to report data on children adopted without the types of State involvement indicated in the "Reporting Population" section in Appendix B to 45 CFR 1355. The State is required to report an adoption if : 1) the child was in foster care under the responsibility and care of the State child welfare agency and subsequently adopted; 2) the child has special needs and on whose behalf the State provided reimbursement for non-recurring expenses of adoption; or 3) an adoption service or payment is being provided by way of an arrangement with the State agency. Because a State that has performed only a home study does not fall within one of these three categories, the State is not required to report information on such a child. If the State chooses to report information on such a child, or other children adopted without State involvement as indicated above, - the appropriate response is to enter a "No" for adoption element 4 "Did the State Agency Have any Involvement in This adoption?"

Source/Date

ACYF-CB-PIQ-94-01 (7/8/94); updated (5-28-02)

Legal and Related References

45 CFR 1355.40; Appendix B to 45 CFR 1355

1.2A.1 AFCARS, Data Elements and Definitions, Adoption Specific Elements, Adoptive parents

1. Question:

What procedures should a child welfare worker follow in order to most effectively obtain accurate information on the racial and ethnic status of children and adults? (Deleted November 13, 2024)

Answer:

Source/Date

7/19/2004

Legal and Related References

1.2A.2 AFCARS, Data Elements and Definitions, Adoption Specific Elements, Birth parents

1. Question:

When an adoption is dissolved and the child is then re-adopted, should the State submit the information on the first adoptive (legal) parents or the birth parents? (Deleted November 13, 2024)

Answer:

The AFCARS report should always include information on the legal parents. Therefore, in this case, the State should submit information on the previous adoptive parents.

Source/Date

ACYF-CB-PIQ-95-01 (3/8/95)

Legal and Related References

Social Security Act - section 479; 45 CFR Parts 1355, 1356 and 1357

2. Question:

What if a State has information on both the legal as well as one or more putative fathers? For whom should information be provided? (Deleted November 13, 2024)

Answer:

Information should be provided on the legal father; however, if a child has one or more putative fathers and a legal father is not established, the year of birth used should be that of the putative father whose parental rights were terminated last. (See: 45 CFR 1355, Appendix B, Section I, Roman Numeral IV, Question A2. Also see: Appendix D, Detailed Adoption, Element Number 17.)

Source/Date

ACYF-CB-PIQ-94-01 (7/8/94)

Legal and Related References

Social Security Act - section 479; 45 CFR Parts 1355, 1356 and 1357

1.2A.3 AFCARS, Data Elements and Definitions, Adoption Specific Elements, Child's demographics

1. Question:

AFCARS reporting requires all data submissions to be in numeric format, however, the data element definitions, both for foster care and adoption, indicate the use of the U.S. Postal Service's two letter State abbreviation. What should be used? (Deleted November 13, 2024)

Answer:

A numeric code is to be used for the State identification. It is the first two digits of the State's Federal Information Processing Standard (FIPS). (See: 45 CFR 1355, Appendix B, Section I, Roman Numeral I, Question A. Also see: Appendix D, Detailed Adoption, Element Number 01.)

Source/Date

ACYF-CB-PIQ-94-01 (7/8/94)

Legal and Related References

Social Security Act - section 479; 45 CFR Parts 1355, 1356 and 1357

2. Question:

What procedures should a child welfare worker follow in order to most effectively obtain accurate information on the racial and ethnic status of children and adults? (Deleted November 13, 2024)

Answer:

Source/Date

7/19/2004

Legal and Related References

1.2B AFCARS, Data Elements and Definitions, Foster Care Specific Elements

1. Question:

What procedures should a child welfare worker follow in order to most effectively obtain accurate information on the racial and ethnic status of children and adults? (Deleted November 13, 2024)

Answer:

Source/Date

7/19/2004

Legal and Related References

1.2B.1 AFCARS, Data Elements and Definitions, Foster Care Specific Elements, Case plan goal

1. Question:

Some States require that parental rights must be terminated before a child's case plan can reflect a goal of adoption. What should be indicated as a goal, if this is a State's policy? (Deleted November 13, 2024)

Answer:

The child's goal should be reflective of the "actual" goal; adoption. (See: 45 CFR 1355, Appendix A, Section I, Roman Numeral VI. Also see: Appendix D, Detailed Foster Care, Element Number 43.)

Source/Date

ACYF-CB-PIQ-94-01 (7/8/94)

Legal and Related References

Social Security Act - section 479; 45 CFR Parts 1355, 1356 and 1357

2. Question:

If a child's case plan goal is Independent Living how is it indicated on the AFCARS questionnaire? (Deleted November 13, 2024)

Answer:

Any child with a case plan goal of independent living should be indicated as having a goal of emancipation. (See: 45 CFR 1355, Appendix A, Section I, Roman Numeral VI. Also see: Appendix D, Detailed Foster Care, Element Number 43.)

Source/Date

ACYF-CB-PIQ-94-01 (7/8/94)

Legal and Related References

Social Security Act - section 479; 45 CFR Parts 1355, 1356 and 1357

1.2B.2 AFCARS, Data Elements and Definitions, Foster Care Specific Elements, Child's demographics

1. Question:

What if a parent refuses to disclose whether or not a child has been previously adopted? (Deleted November 13, 2024)

Answer:

If a parent refuses to answer this question, "Unable to Determine" would represent the correct response. (See: 45 CFR 1355, Appendix A, Section I, Roman Numeral II. Also see: Appendix D, Detailed Foster Care, Element Number 16.)

Source/Date

ACYF-CB-PIQ-94-01 (7/8/94)

Legal and Related References

Social Security Act - section 479; 45 CFR Parts 1355, 1356 and 1357

2. Question:

AFCARS requires race/ethnicity information on all children. But if a child is identified as Hispanic, what information is entered for the race question? (Deleted November 13, 2024)

Answer:

If a child is identified as Hispanic or "Latino" in element number 09, then his/her ethnicity should also be further clarified, using element number 08, according to how the child or the child's parents define him/her. (See: 45 CFR 1355, Appendix A, Section I, Roman Numeral II, Questions C.1 and C.2. Also see: Appendix D, Detailed Foster Care, Element Numbers 8 and 9.)

Source/Date

ACYF-CB-PIQ-94-01 (7/8/94)

Legal and Related References

Social Security Act - section 479; 45 CFR Parts 1355, 1356 and 1357

3. Question:

Should the FIPS code be that of the child's place of residence or that of the agency responsible for the case? (Deleted November 13, 2024)

Answer:

The FIPS code should be the agency's not the child's place of residence. (See: 45 CFR 1355, Appendix D, Detailed Foster Care, Element Number 3)

Source/Date

ACYF-CB-PIQ-95-01 (3/8/95)

Legal and Related References

Social Security Act - section 479; 45 CFR Parts 1355, 1356 and 1357

4. Question:

Answer:

A numeric code is to be used for the State identification. It is the first two digits of the State's Federal Information Processing Standard (FIPS). (See: 45 CFR 1355, Appendix A, Section I, Roman Numeral I, Question D. Also see: Appendix D, Detailed Foster Care, Element Number 4.)

Source/Date

ACYF-CB-PIQ-94-01 (7/8/94)

Legal and Related References

Social Security Act - section 479; 45 CFR Parts 1355, 1356 and 1357

5. Question:

In the AFCARS regulation at section 1355.40 (b)(2) there is a reference to the most recent date of a periodic review (either administrative or court) being entered for children who have been in foster care for nine months or more and other references indicate seven months. Is this a typographical error? (Deleted November 13, 2024)

Answer:

No. It is not a typographical error. Section 422 of the Social Security Act requires periodic reviews at least every six months; in practice, a 30 day grace period has been allowed, resulting in a seven month period in which to complete a review without penalty. For AFCARS reporting this fact, coupled with the intention to allow 60 days to enter the date associated with the review, results in a nine month time frame for entry of information about the periodic review. Therefore, any child in foster care at least nine months must have a periodic review date entered into the AFCARS report.

In summary, the review must take place within seven months of the child's entry into the foster care system (or of the last periodic review). The review date must be entered into the system within 60 days of the review date. This results in the nine month time frame referenced in the regulation.

Source/Date

ACYF-CB-PIQ-94-01 (7/8/94)

Legal and Related References

Social Security Act - section 479; 45 CFR Parts 1355, 1356 and 1357

6. Question:

What procedures should a child welfare worker follow in order to most effectively obtain accurate information on the racial and ethnic status of children and adults? (Deleted November 13, 2024)

Answer:

Source/Date

7/19/2004

Legal and Related References

1.2B.3 AFCARS, Data Elements and Definitions, Foster Care Specific Elements, Episode and removal circumstances

1. Question:

Following a trial home visit which extends beyond six months and where the child is considered "discharged," what happens if the child returns to a group home? Is this a new placement, a new episode, or an entirely new removal? (Deleted November 13, 2024)

Answer:

The return to a group home or any other substitute care setting will represent a removal and the removal is the start of a new episode.

Source/Date

ACYF-CB-PIQ-95-01 (3/8/95)

Legal and Related References

Social Security Act - section 479; 45 CFR Parts 1355, 1356 and 1357

2. Question:

If a child is removed from a home in which a sibling was alleged to have been abused, but the child being removed from the home was not abused, should physical abuse (alleged/reported) be marked as a condition associated with the child's removal? (Deleted November 13, 2024)

Answer:

A record should only indicate conditions associated with the removal of the child who is the subject of the record. In the context of AFCARS, and using the above example of alleged abuse of the child's sibling, if physical abuse is alleged/reported for the child who is the subject of the record then that condition is considered to be associated with the decision to remove that child from home and Element #26 should be coded as 1 (yes). If physical abuse has not been alleged/reported for the child who is the subject of the record, physical abuse does NOT apply and element #26 should be answered as 0 (does not apply). (See: 45 CFR 1355, Appendix D, Detailed Foster Care, Element numbers 26 - 40.)

Source/Date

ACYF-CB-PIQ-95-01 (3/8/95)

Legal and Related References

Social Security Act - section 479; 45 CFR Parts 1355, 1356 and 1357

3. Question:

What if the only reason for a child's removal from home is mental abuse? How do you code this for AFCARS? (Deleted November 13, 2024)

Answer:

You should mark "Neglect (Alleged/Reported)" (Foster Care, element number #28) with a "1". (See: 45 CFR 1355, Appendix D, Detailed Foster Care, Element Numbers 26 - 40.)

Source/Date

ACYF-CB-PIQ-95-01 (3/8/95)

Legal and Related References

Social Security Act - section 479; 45 CFR Parts 1355, 1356 and 1357

4. Question:

Please clarify the meaning of the terms removal, placement, episode, and discharge. (Deleted November 13, 2024)

Answer:

A Removal is either the physical act of a child being taken from his or her normal place of residence, by court order or a voluntary placement agreement and placed in a substitute care setting, or the removal of custody from the parent or relative guardian pursuant to a court order or voluntary placement agreement which permits the child to remain in a substitute care setting.

Placement occurs after removal and is the physical setting in which a child finds himself or herself, that is, the resultant foster care setting. A new Placement setting results when the foster care setting changes, for example, when a child moves from one foster family home to another or to a group home or institution.

An Episode is a removal with one or more placement settings. A previous episode is one that has been completed by a discharge. A current episode is a removal and one or more placement settings without a discharge.

A Discharge represents that point in time when the child is no longer in foster care under the care and responsibility or supervision of the State agency. For AFCARS purposes, situations in which the State retains supervision of a child and the child returns home on a trial basis, for an unspecified period of time, are considered a discharge from foster care after a six month period. (See: 45 CFR 1355, Appendix A, Section I, Roman Numeral III, Questions A and B. Also see: Appendix D, Detailed Foster Care, Element Numbers 18, 20, and 23.))

Source/Date

ACYF-CB-PIQ-94-01 (7/8/94); Final Rule (65 FR 4020) (1/25/00)

Legal and Related References

Social Security Act - section 479; 45 CFR Parts 1355, 1356 and 1357

5. Question:

Does the definition of Neglect include cases of failure to provide supervision (non-supervision)? (Deleted November 13, 2024)

Answer:

Yes. Neglect is alleged or substantiated negligent treatment or maltreatment, including failure to provide adequate food, clothing, shelter or care and includes failure to provide supervision (non-supervision). (See: 45 CFR 1355, Appendix A, Section I, Roman Numeral IV, Question B. Also see: Appendix D, Detailed Foster Care, Element Number 28.)

Source/Date

ACYF-CB-PIQ-94-01 (7/8/94)

Legal and Related References

Social Security Act - section 479; 45 CFR Parts 1355, 1356 and 1357

6. Question:

For both of the computer-generated transaction dates: should the date be generated on the date that the data was first entered or the date that the data was last updated? (Deleted November 13, 2024)

Answer:

This date should represent the date that the data was FIRST entered. The reason for this element is to insure that the record is entered into the system in a timely fashion. (See: 45 CFR 1355, Appendix D, Detailed Foster Care, Element Number 22 and 57.)

Source/Date

ACYF-CB-PIQ-95-01 (3/8/95)

Legal and Related References

Social Security Act - section 479; 45 CFR Parts 1355, 1356 and 1357

7. Question:

For a child who is in and out of the foster care system over a period of several years, what does the State report for foster care element 18 "Date of first removal from home" if it does not have the date of the first removal? (Deleted November 13, 2024)

Answer:

This information is required by the regulations at appendix A to 45 CFR 1355 and should exist in the case record or a court record. As is the case for all missing data, if the date of the child's first removal from home is not available, the date should be left blank.(See: 45 CFR1355, Appendix D, Detailed Foster Care, Element Number 18.)

Source/Date

ACYF-CB-PIQ-95-01 (3/8/95), updated (5-28-02)

Legal and Related References

45 CFR 1355.40; Appendix A to 45 CFR 1355

8. Question:

A State title IV-E agency has an agreement in effect pursuant to section 472(a)(2)(B)(ii) of the Social Security Act with the State juvenile justice agency. As such, the State reports to AFCARS children who are in the placement and care responsibility of the State juvenile justice agency and receiving title IV-E foster care maintenance payments in a foster family home or child care institution. When such a child is no longer receiving title IV-E foster care maintenance payments because the child is placed in an unallowable facility (e.g., in detention), should the State stop reporting the child to AFCARS? (Deleted November 13, 2024)

Answer:

It depends. Children in foster care who are placed in a juvenile justice facility and who are expected to be returned to a foster care setting should continue to be included in the AFCARS reporting population (see Child Welfare Policy Manual Section 1.3 QA# 12). This means that the State will report to AFCARS the date the child was placed in the unallowable facility as the date of placement in current foster care setting (foster care element #23) and indicate that the child's current placement setting (foster care element #41) is an institution. The State will also increment the number of previous placement settings (foster care element #24).

If, however, the State does not expect the child to return to a foster care setting, the State may enter the child as discharged (foster care element #56) as of the date the child left the foster family home or child care institution and indicate the reason for discharge (foster care element #58).

Source/Date

8/21/2006

Legal and Related References

Social Security Act - section 479

1.2B.4 AFCARS, Data Elements and Definitions, Foster Care Specific Elements, Financial elements

1. Question:

Should a State report that a child is eligible for, but not actually receiving title IV-E foster care maintenance payments in foster care element 59, "Sources of Federal Financial Support/Assistance for Child?" (Deleted November 13, 2024)

Answer:

No. The State should only indicate whether a child received a title IV-E foster care maintenance payment during the reporting period in answering foster care element 59.

Source/Date

(5-28-02)

Legal and Related References

Appendix A to 45 CFR 1355.40

1.2B.5 AFCARS, Data Elements and Definitions, Foster Care Specific Elements, Foster family home

1. Question:

What procedures should a child welfare worker follow in order to most effectively obtain accurate information on the racial and ethnic status of children and adults? (Deleted November 13, 2024)

Answer:

Source/Date

7/19/2004

Legal and Related References

1.2B.6 AFCARS, Data Elements and Definitions, Foster Care Specific Elements, Outcome information

1. Question:

Some States do not capture information about outcomes except when the children not only are discharged from agency custody, but also the case is closed and the agency is no longer providing any type of services to the family. If this is the case for a particular State, how will penalties be assessed for lack of information? (Deleted July 05, 2002)

Answer:

Outcome information relates specifically to the intended permanent release of a child from foster care. The regulation requires an outcome at the time the child is discharged from agency custody, that is, the agency no longer has care and responsibility or supervision, which serves to explain why the child exited foster care. Failure to supply required outcome information at the appropriate time will be treated as missing data for the purposes of assessing penalties. (See: 45 CFR 1355, Appendix A, Section I, Roman Numeral X, Questions A and B. Also see: Appendix D, Detailed Foster Care, Element Numbers 56 and 58.)

Source/Date

ACYF-CB-PIQ-94-01 (7/8/94)

Legal and Related References

Social Security Act - section 479; 45 CFR Parts 1355, 1356 and 1357

1.2B.7 AFCARS, Data Elements and Definitions, Foster Care Specific Elements, Placements

1. Question:

How does a State code a record where the status of the placement changes? For example, if a child is in a foster family home placement setting and that family decides to adopt the child, thus becoming a pre-adoptive home placement setting, how do States record the placement setting, the date of placement, and the number of placements? (Deleted November 13, 2024)

Answer:

The State should change the placement setting to pre-adoptive home. However, the number of placements should not change nor should the date of placement. There is no internal consistency check among these elements and therefore, there will be no error detected with the change of placement even though the number of placements has not increased. (See: 45 CFR 1355, Appendix D, Detailed Foster Care, Element Numbers 23, 24, and 41.)

Source/Date

ACYF-CB-PIQ 95-01 (3/8/95)

Legal and Related References

Social Security Act - section 479; 45 CFR Parts 1355, 1356 and 1357

2. Question:

The internal consistency check for date of placement in current foster care setting states that it must be later than the date of latest removal from home. Can't it also be equal to the date of latest removal? (Deleted November 13, 2024)

Answer:

Yes. The system will not consider it an error if the date of placement in current foster care setting is the same day as the date of latest removal from home. (See: 45 CFR 1355, Appendix D, Detailed Foster Care, Element Number 23.)

Source/Date

ACYF-CB-PIQ-95-01 (3/8/95)

Legal and Related References

Social Security Act - section 479; 45 CFR Parts 1355, 1356 and 1357

3. Question:

If a child is on a trial home visit or has run away as of the end of the reporting period, what is to be reported in the "Date of placement in current foster care setting" field? (Deleted July 05, 2002)

Answer:

"Date of placement in current foster care setting" should be the date the child was placed in the setting from which he/she ran away or left for a trial home visit. The "Current Placement Setting" would be changed to either "Runaway" or "Trial Home Visit". (See: 45 CFR 1355, Appendix D, Detailed Foster Care, Element Numbers 23 and 41.)

Source/Date

ACYF-CB-PIQ-95-01 (3/8/95)

Legal and Related References

Social Security Act - section 479; 45 CFR Parts 1355, 1356 and 1357

4. Question:

How do States indicate emergency shelter care - as "institution" or "group home?" (Deleted November 13, 2024)

Answer:

Generally, the shelter should be coded as the type of placement that it most closely resembles. Therefore, the size of the facility should determine whether the shelter care is considered as an institution or a group home. It is also possible for an emergency shelter to be coded as relative or non-relative foster care if the shelter is a home.

Source/Date

ACYF-CB-PIQ-95-01 (3/8/95)

Legal and Related References

Social Security Act - section 479; 45 CFR Parts 1355, 1356 and 1357

5. Question:

Please provide a more inclusive definition of Pre-Adoptive Home, Foster Family Home (Non-Relative), Institution and Trial Home Visit. (Deleted November 13, 2024)

Answer:

A Pre-Adoptive Home is a home in which the family has been approved to adopt the child. The family may or may not be receiving a foster care payment or an adoption subsidy on behalf of the child. The child is considered in foster care until the adoption has been finalized, that is, a judge has signed the adoption decree.

A Foster Family Home (Non-Relative) is a licensed or approved foster family home regarded by the State as a foster care living arrangement. This placement setting also includes what are referred to in some States as receiving foster homes.

An Institution is a child care facility operated by a public or private agency and providing 24-hour care and/or treatment for children who require separation from their own homes and group living experience. These facilities may include: child care institutions, residential treatment facilities, maternity homes, nursing homes, hospitals, etc.

A Trial Home Visit occurs when the child has been in a foster care placement, but, under continuing State agency supervision, is then returned to the principal caretaker for a limited and specified period of time. If a time period is not specified the child'should be identified as having been returned home at the point at which the trial home visit exceeds six months. (See: 45 CFR 1355, Appendix A, Section I, Roman Numeral V, Question A. Also see: Appendix D, Detailed Foster Care, Element Number 41.)

Source/Date

ACYF-CB-PIQ-94-01 (7/8/94)

Legal and Related References

Social Security Act - section 479; 45 CFR Parts 1355, 1356 and 1357

6. Question:

"Group homes" as they are called in some States may more closely match the AFCARS definition of "institutions" by their size, so the data reported may look like the State has foster homes and institutions as placements, and nothing much else. Won't this be a problem? (Deleted November 13, 2024)

Answer:

For AFCARS' reporting purposes "Group Homes" are defined as substitute care settings which house 12 or fewer children, whereas, an "Institution" provides care for more than 12 children. Given this distinction of size, and if States are consistent in their use of size as a distinguishing factor, it should be clear as to the types of substitute care children are in and should not pose a major problem.

Source/Date

ACYF-CB-PIQ-95-01 (3/8/95)

Legal and Related References

Social Security Act - section 479; 45 CFR Parts 1355, 1356 and 1357

7. Question:

Please clarify the meaning of the terms removal, placement, episode, and discharge. (Deleted November 13, 2024)

Answer:

Source/Date

ACYF-CB-PIQ-94-01 (7/8/94)

Legal and Related References

Social Security Act - section 479; 45 CFR Parts 1355, 1356 and 1357

8. Question:

For AFCARS reporting purposes what information is entered for a child who returns to a placement setting different than the placement setting from which he/she ran away or left for a trial home visit? (Deleted November 13, 2024)

Answer:

If the child, after having run away or experienced a trial home visit, returns to a placement setting different than the one he/she ran away from or left for a trial home visit, then the "Date of Placement in Current Foster Care Setting," "Current Placement Setting," and "Number of Previous Placement Settings during this Removal Episode" will be changed. The following information should be entered, "Date of Placement in Current Foster Care Setting" will be changed to the date the child enters the "different" placement setting, "Current Placement Setting" will be changed to the appropriate setting, and "Number of Previous Placement Settings during this Removal Episode" will be increased by one (+1). (See: 45 CFR 1355, Appendix D, Detailed Foster Care, Element Number 23, 41, and 24, respectively.)

Source/Date

ACYF-CB-PIQ-95-01 (3/8/95)

Legal and Related References

Social Security Act - section 479; 45 CFR Parts 1355, 1356 and 1357

9. Question:

Why are trial home visits (which count as placements for element 41 and may last up to 6 months or more) not counted as placements for element 24 - number of placements? (Deleted November 13, 2024)

Answer:

Trial home visits and Runaway are the same in that they are recorded as placement settings. This allows the State to more accurately show the physical setting that the child is in at the time the report period ends. However, they are not counted in the number of placements in order to guard against misleading data. For example, in the case of a child in a group home who runs away for one week and then returns to the group home, if the runaway were counted as a placement it would appear that the child had three placements, when actually the agency had only placed the child once. Likewise, if the child was placed in a trial home visit with the intent that the child would be discharged back to the family the trial home visit should not be considered a placement. The number of placements element is meant to gather information on how many times the agency found it necessary to move the child while in foster care. (See: 45 CFR 1355, Appendix D, Detailed Foster Care, Element Number 24.)

Source/Date

ACYF-CB-PIQ-95-01 (3/8/95)

Legal and Related References

Social Security Act - section 479; 45 CFR Parts 1355, 1356 and 1357

10. Question:

"Runaway" is an option for a child's "Current Placement Setting"; should it be counted when calculating the answer to, "Number of Previous Placements During This Removal Episode"? (Deleted November 13, 2024)

Answer:

No. While it is important for ACF to know the number of children in runaway status at a particular time, "runaway" is not a placement setting and should not be counted as such. (See: 45 CFR 1355, Appendix D, Detailed Foster Care, Element Numbers 41 and 24, respectively).

Source/Date

ACYF-CB-PIQ-95-01 (3/8/95)

Legal and Related References

Social Security Act - section 479; 45 CFR Parts 1355, 1356 and 1357

11. Question:

For AFCARS reporting purposes what information is entered for a child who returns to the same placement setting from which he/she ran away or left for a trial home visit? (Deleted November 13, 2024)

Answer:

If the child returns to the same placement setting they were in, prior to running away or having the trial home visit, only the "Current Placement Setting" will be changed and it will be changed to the placement setting he/she was in prior to running away or leaving for their trial home visit. (See: 45 CFR 1355, Appendix D, Detailed Foster Care, Element Number 41.)

Source/Date

ACYF-CB-PIQ-95-01 (3/8/95)

Legal and Related References

Social Security Act - section 479; 45 CFR Parts 1355, 1356 and 1357

12. Question:

The data element, "Number of Previous Placement Settings During This Removal Episode" clearly indictes previous placement settings; however, the definition in the regulation says to include the current placement setting in this count. This seems to be contradictory. Which is correct? (Deleted November 13, 2024)

Answer:

When answering the question, "Number of Previous Placement Settings During This Removal Episode", include the current placement setting. (See: 45 CFR 1355, Appendix D, Detailed Foster Care, Element Number 24. Also see: Appendix A, Section II, Roman Numeral III, Removal/Placement Setting Indicators.)

Source/Date

ACYF-CB-PIQ-95-01 (3/8/95)

Legal and Related References

Social Security Act - section 479; 45 CFR Parts 1355, 1356 and 1357

13. Question:

Mental health institutions and jails are not normally considered to be the same type of facility. Some States expressed concern with counting them as the same for AFCARS. Why are they counted all the same as "institutions?" (Deleted November 13, 2024)

Answer:

"Institution," as it is used for AFCARS reporting, generally indicates large groups of children, even though we acknowledge that this could represent children in mental health facilities, nursing homes, long-term hospital care, juvenile justice facilities, and many other placement settings serving large numbers of individuals. To assist ACF in clarifying placements, we encourage States to footnote significant percentages, for example, 25% of children in institutional care are in juvenile justice facilities.

Source/Date

ACYF-CB-PIQ-95-01 (3/8/95)

Legal and Related References

Social Security Act - section 479; 45 CFR Parts 1355, 1356 and 1357

14. Question:

If a child goes home on a regular basis (e.g., the child is placed in an institution, but goes home to his or her family on weekends), is this considered two placements each week? (Deleted July 05, 2002)

Answer:

As a general rule, the ongoing placement setting for the child is the key placement setting to report. It is best to look at a situation like this for the longer term intent for the child's placement in substitute care. If the child's regular placement setting is in an institution, the weekend visits home are not considered new placement settings as "trial home visits," they are understood to be a temporary situation, while the child resides in the institution. The same reasoning would apply to: A child who stays a day or two in a hospital for medical treatment. (In the case of a boarder baby, whose initial placement is a general hospital for medical treatment and continuing care, the hospital stay WOULD be a placement setting); or a child in foster care who spends a week at a summer camp. (See: 45 CFR 1355, Appendix D, Detailed Foster Care, Element Number 24.)

Source/Date

ACYF-CB-PIQ-95-01 (3/8/95)

Legal and Related References

Social Security Act - section 479; 45 CFR Parts 1355, 1356 and 1357

15. Question:

Occasionally a child may be placed in the home of a neighbor or family friend who is in the process of being licensed but is not licensed at the end of the reporting period. In this case, how should that placement setting be coded? (Deleted November 13, 2024)

Answer:

ACF hopes that it will be a rare occasion when a child is placed in an unlicensed facility. But in those rare cases, code the placement setting as the definition that most closely resembles the placement setting. For this case, the placement setting should be coded as a non-relative foster home. (See: 45 CFR 1355, Appendix D, Detailed Foster Care, Element Number 41).

Source/Date

ACYF-CB-PIQ-95-01 (3/8/95)

Legal and Related References

Social Security Act - section 479; 45 CFR Parts 1355, 1356 and 1357

16. Question:

How are children in shelter care indicated on the AFCARS questionnaire? (Deleted July 05, 2002)

Answer:

The placement setting for children in shelter care should be classified by type of facility, i.e., Foster Family Home (Relative and Non-Relative), Group Home or Institution. (See: 45 CFR 1355, Appendix A, Section I, Roman Numeral V, Question A. Also see: Appendix D, Detailed Foster Care, Element Number 41.)

Source/Date

ACYF-CB-PIQ-94-01 (7/8/94)

Legal and Related References

Social Security Act - section 479; 45 CFR Parts 1355, 1356 and 1357

17. Question:

If the provider changes status (e.g. was a county service foster home and changes to a child placement service) and the child remains with the same family is this 1 placement setting or 2 placement settings? (Deleted November 13, 2024)

Answer:

AFCARS reporting is not concerned with the status of the substitute care provider, only the number of placement setting changes a child experiences. Consequently, the child in the above question does not experience a placement setting change, therefore, no change will be made to "Number of Previous Placement Settings during this Removal Episode", (See: 45 CFR 1355, Appendix D, Detailed Foster Care, Element Number 24.)

If a child's placement setting status changes to a setting as defined for AFCARS reporting, e.g., a group home becomes licensed as an institution, then for AFCARS reporting purposes we would request that the child's "Current Placement Setting" be changed as appropriate. However, there would be no change in the "Date of Placement in the Current Foster Care Setting" nor in the "Number of Previous Placements During this Removal Episode". (See: 45 CFR 1355, Appendix D, Detailed Foster Care, Element Number 41, 23, and 24 respectively.)

Source/Date

ACYF-CB-PIQ-95-01 (3/8/95)

Legal and Related References

Social Security Act - section 479; 45 CFR Parts 1355, 1356 and 1357

18. Question:

If a child is in a foster family home and then goes to a different foster family home, is this one placement or two placements? (Deleted November 13, 2024)

Answer:

Two placement settings in the current episode. (See: 45 CFR 1355, Appendix D, Detailed Foster Care, Element Number 24.)

Source/Date

ACYF-CB-PIQ-95-01 (3/8/95)

Legal and Related References

Social Security Act - section 479; 45 CFR Parts 1355, 1356 and 1357

19. Question:

If a foster family moves to another city or county or State, is the move considered to be a new placement for the child living with the family? (Deleted November 13, 2024)

Answer:

If the child remains with the same family, it should not be considered a new placement if the family moves. (See: 45 CFR 1355, Appendix D, Detailed Foster Care, Element Numbers 23, 24, and 41.)

Source/Date

ACYF-CB-PIQ-95-01 (3/8/95)

Legal and Related References

Social Security Act - section 479; 45 CFR Parts 1355, 1356 and 1357

20. Question:

The AFCARS definition of "institution" seems different from the definition used for IV-E and adoption programs. Why? (Deleted November 13, 2024)

Answer:

The definitional use of institutional care setting for AFCARS was purposely broadened to make it applicable to situations which cannot be recorded in any other manner. But it remains the same for purposes other than AFCARS reporting.

Source/Date

ACYF-CB-PIQ-95-01 (3/8/95)

Legal and Related References

Social Security Act - section 479; 45 CFR Parts 1355, 1356 and 1357

22. Question:

How should a State count a child's placement back into a previous foster home in foster care element 24, "Number of previous placement settings during the removal episode"? Should a State only increase the number of previous placement settings if the child is placed in a foster care setting in which he has not been placed before? (Deleted November 13, 2024)

Answer:

Foster care element 24 is meant to gather information on how many times the agency found it necessary to move the child while in foster care. Therefore, the number of previous placement settings during the removal episode must reflect all placement moves including the current placement and placements into a previous foster care setting, regardless of whether the child was previously placed in that setting. The exception to this policy is with regard to a child who returns to the same foster care setting following a temporary absence that is specifically excluded from the calulation of previous placment settings.(see CWPM 1.2B.7).

Source/Date

(5-28-02)

Legal and Related References

Appendix A to 45 CFR 1355.40

23. Question:

If a child is on a trial home visit or has run away how should the State report this child in AFCARS? (Deleted November 13, 2024)

Answer:

The State must indicate the date the child was placed on the trial home visit, or known to have run away from the last placement setting as the "Date of placement in current foster care setting" (foster care element 23). The State must also change the "Current Placement Setting" (foster care element 41) to either "Runaway" or "Trial Home Visit", as appropriate. The State should not increase the "number of previous placement settings during this removal episode" (foster care element 24).

Source/Date

(5-28-02)

Legal and Related References

Social Security Act - section 479; 45 CFR 1355.40 & appendices

24. Question:

Should a State report in AFCARS a child who is under the placement and care responsibility of the State title IV-B/IV-E agency but who has not yet been placed in a foster care setting because the child ran away prior to placement? (Deleted November 13, 2024)

Answer:

Yes. The State should report to AFCARS children who are under the placement and care responsibility of the title IV-E agency but who ran away prior to the child's placement in a foster care setting. In this situation, the State should report the child as having a current placement setting (foster care element #41) of runaway and indicate the date the child ran away as the date of placement in current foster care setting (foster care element #23). Since there has not been an actual placement, the State should indicate a placement count (foster care element #24) of zero.

Source/Date

8/21/2006

Legal and Related References

Social Security Act - section 479

25. Question:

If a child in foster care moves within a child care institution at a single location (e.g., from one building, dorm, cottage, or wing to another within the institution) should a State report this to AFCARS as a change in placement? Is it relevant whether the child is moving within the institution because of a change in the level of care necessary? (Deleted November 13, 2024)

Answer:

No to both questions. The child remains at a single child care institution and placement and the State must not indicate a change in the date of placement in current foster care setting (foster care element 23), number of previous placement settings (foster care element 24) or the current placement setting (foster care element 41) due to such a move.

Source/Date

8/21/2006

Legal and Related References

Social Security Act - section 479

21. Question:

How should the State count brief periods spent away from the child's foster care provider in foster care element 24, " Number of previous placement settings during the removal episode"? (Deleted November 13, 2024)

Answer:

In general, the State is required to count a placement that lasts more than 24 hours while the child is in foster care under the placement, care or supervision responsibility of the State agency. See 45 CFR 1355.40 and CWPM 1.2B.7 and 1.3. This includes moves that may be made on an emergency or unplanned basis, such as shelter care placements, treatment facility placements, and certain placements for juvenile justice purposes. See CWPM 1.3. However, there are certain temporary living conditions that are not placements, but rather represent a temporary absence from the child's ongoing foster care placement. As such, the State must exclude the following temporary absences from the calculation of the number of previous placement settings for foster care element 24.

Visitation with a sibling, relative, or other caretaker (i.e., preplacement visits with a subsequent foster care provider or preadoptive parents)
Hospitalization for medical treatment, acute psychiatric episodes or diagnosis
Respite care
Day or summer camps
Trial home visits
Runaway episodes

Source/Date

(5-28-02)

Legal and Related References

Social Security Act - section 479; 45 CFR 1355.40 & appendices; Child Welfare Policy Manual Sections 1.2B.7 and 1.3

1.2B.8 AFCARS, Data Elements and Definitions, Foster Care Specific Elements, Principal caretaker

1. Question:

When an adoption is dissolved and the child is then re-adopted, should the State submit the information on the first adoptive (legal) parents or the birth parents? (Deleted November 13, 2024)

Answer:

The AFCARS report should always include information on the legal parents. Therefore, in this case, the State should submit information on the previous adoptive parents.

Source/Date

ACYF-CB-PIQ-95-01 (3/8/95)

Legal and Related References

Social Security Act - section 479; 45 CFR Parts 1355, 1356 and 1357

2. Question:

What if a State has information on both the legal as well as one or more putative fathers? For whom should information be provided? (Deleted November 13, 2024)

Answer:

Source/Date

ACYF-CB-PIQ-94-01 (7/8/94)

Legal and Related References

Social Security Act - section 479; 45 CFR Parts 1355, 1356 and 1357

3. Question:

If a child's principal caretakers are a same sex couple how is it indicated for AFCARS reporting? (Deleted November 13, 2024)

Answer:

The couple should be entered as either an unmarried or married couple depending on how State law views them. (See: 45 CFR 1355, Appendix B, Section I, Roman Numeral VII, Question A. Also see: Appendix D, Detailed Foster Care, Element Numbers 44 and 49.)

Source/Date

ACYF-CB-PIQ-94-01 (7/8/94)

Legal and Related References

Social Security Act - section 479; 45 CFR Parts 1355, 1356 and 1357

1.3 AFCARS, Reporting Population

1. Question:

Please clarify the definition of the AFCARS foster care reporting population, that is, the children States are to submit AFCARS data on. (Deleted November 13, 2024)

Answer:

Foster care is defined in 45 CFR 1355.20 and 1355.40. Section 1355.20 gives the general definition of foster care as 24 hour substitute care for all children placed away from their parent(s) or guardian(s) and for whom the State agency has placement and care responsibility. Section 1355.40 (a)(2), defines the foster care population for AFCARS reporting purposes. Each State's data transmission must include all children in foster care, as defined in section 1355.20, for whom the State title IV-B/IV-E agency has responsibility for placement, care or supervision.

Source/Date

ACYF-CB-PIQ-94-01 (7/8/94)

Legal and Related References

Social Security Act - section 479; 45 CFR Parts 1355, 1356 and 1357

3. Question:

Are past placement histories to be included or only current active cases? (Deleted November 13, 2024)

Answer:

All cases which are open at any time during the reporting period, whether or not there have been any changes in the file, need to be reported. Any cases which are closed, that is, the child is discharged from care, etc., need to be included in the current report only if the closure activity was entered into the system during the current reporting period.

Source/Date

ACYF-CB-PIQ-95-01 (3/8/95)

Legal and Related References

Social Security Act - section 479; 45 CFR Parts 1355, 1356 and 1357

4. Question:

Do States report on the children in State custody even though the State has no placement or financial responsibility? (Deleted November 13, 2024)

Answer:

Yes. Children who are under State custody and in foster care are included in AFCARS regardless of whether or not a payment is made.

Source/Date

ACYF-CB-PIQ-95-01 (3/8/95)

Legal and Related References

Social Security Act - section 479; 45 CFR Parts 1355, 1356 and 1357

5. Question:

Do States report on children whose care is in the control of tribal courts? (Deleted November 13, 2024)

Answer:

What court the child goes through is not of particular importance. The determining factor is whether the State title IV-B/IV-E agency has placement and care responsibility and/or supervision.

Source/Date

ACYF-CB-PIQ-95-01 (3/8/95)

Legal and Related References

Social Security Act - section 479; 45 CFR Parts 1355, 1356 and 1357

6. Question:

What guidelines or qualifiers, if any, exist as to the inclusion of American Indian children in the AFCARS reporting population? (Deleted November 13, 2024)

Answer:

There are no guidelines or qualifiers related to American Indian children. They are to be included in AFCARS as any other child under the care and responsibility or supervision of the State child welfare agency.

Source/Date

ACYF-CB-PIQ-94-01 (7/8/94)

Legal and Related References

Social Security Act - section 479; 45 CFR Parts 1355, 1356 and 1357

7. Question:

Do States report on children in private agency care? (Deleted November 13, 2024)

Answer:

If the care of the child is under the State child welfare agency (e.g., the private agency is providing care by contract with the State), that child'should be included in AFCARS reporting; if it is strictly private, that is, there is no contractual relationship with the IV-B/IV-E agency, do not report on the child.

Source/Date

ACYF-CB-PIQ-95-01 (3/8/95)

Legal and Related References

Social Security Act - section 479; 45 CFR Parts 1355, 1356 and 1357

8. Question:

What is the relationship between State and tribal organizations to access client data, especially non-IV-E funded clients? (Deleted November 13, 2024)

Answer:

Children affiliated with Tribes which have title IV-E agreements with a State are to be included in the AFCARS reporting population. Any child in substitute care in which joint custody exists between the tribal court and IV-B/IV-E agency, is included in the AFCARS reporting population. If an agreement exists the title IV-B/IV-E agency should have access to the necessary records.

Source/Date

ACYF-CB-PIQ-95-01 (3/8/95)

Legal and Related References

Social Security Act - section 479; 45 CFR Parts 1355, 1356 and 1357

9. Question:

What agency submits data on adoption for children placed out of State (i.e., cooperative placement agreements)? (Deleted November 13, 2024)

Answer:

The State which has/had custody of the child or is party to the adoption assistance agreement must submit the AFCARS data.

Source/Date

ACYF-CB-PIQ-94-01 (7/8/94)

Legal and Related References

Social Security Act - section 479; 45 CFR Parts 1355, 1356 and 1357

10. Question:

Under what circumstances, if any, should children in emergency care be included in the AFCARS reporting population? (Deleted November 13, 2024)

Answer:

The reporting population includes children in emergency care, if the emergency care exceeds 24 hours, regardless of whether the placement and care responsibility or supervision is on the basis of a court order, legislation or regulation.

Source/Date

ACYF-CB-PIQ-94-01 (7/8/94)

Legal and Related References

Social Security Act - section 479; 45 CFR Parts 1355, 1356 and 1357

11. Question:

Are children at home (i.e., trial home visits) to be included in the AFCARS reporting population? (Deleted November 13, 2024)

Answer:

Yes. Any child who is returned home on a trial home visit, for a specifically limited period of time and for whom the State agency continues to maintain placement and care responsibility or supervision should be included in AFCARS. If a child is returned home on a trial basis with no specific time period indicated, and the State agency maintains placement and care responsibility or supervision, he or she should be indicated as in foster care for a period of up to six months. After six months such child'should be indicated as discharged from foster care and returned home and should not be included in subsequent AFCARS reports unless the child is returned to foster care.

Source/Date

ACYF-CB-PIQ-94-01 (7/8/94)

Legal and Related References

Social Security Act - section 479; 45 CFR Parts 1355, 1356 and 1357

12. Question:

Are children in juvenile justice facilities included in AFCARS reporting? (Deleted November 13, 2024)

Answer:

Children who are removed from their home and initially placed in a juvenile justice facility are not to be included in AFCARS reporting.

For children already in a juvenile justice facility with respect to whom a subsequent court order is signed giving placement, care or supervision to the title IV-E/IV-B agency, the date of the court order will be used as the date of removal from the home.

Children in a foster care setting who are moved to a juvenile justice facility and who are expected to be returned to a foster care setting should continue to be included in the AFCARS reporting population. The child's move into the juvenile justice facility should be reported as a placement change and recorded as an institutional foster care setting.

Children in a foster care setting who are moved to a juvenile justice facility and who become the responsibility of another agency should not be included in the AFCARS reporting population. The date the court order was signed will serve as the date of discharge from foster care and the reason for discharge would be reported as transfer to another agency.

Source/Date

ACYF-CB-PIQ-94-01 (7/8/94); ACYF-CB-PIQ-95-01 (3/8/95)

Legal and Related References

Social Security Act - section 479; 45 CFR Parts 1355, 1356 and 1357

13. Question:

What if a child in care is known to two different State agencies? Which agency should report on the child? (Deleted November 13, 2024)

Answer:

The agency which currently has placement and care responsibility or supervision should report on the child. If there is joint responsibility (e.g., both the juvenile justice agency and the child welfare agency) then the child welfare agency should report on the child.

Source/Date

ACYF-CB-PIQ-94-01 (7/8/94)

Legal and Related References

Social Security Act - section 479; 45 CFR Parts 1355, 1356 and 1357

14. Question:

If the State has placement and financial payment responsibility for some children, but the State does not have custody, do we report them? (Deleted November 13, 2024)

Answer:

Yes. These children should be included in the AFCARS reporting population.

Source/Date

ACYF-CB-PIQ-95-01 (3/8/95)

Legal and Related References

Social Security Act - section 479; 45 CFR Parts 1355, 1356 and 1357

2. Question:

Should children who are still receiving funding from the State agency be reported on in AFCARS even if they are age 18 or over? (Deleted November 13, 2024)

Answer:

In general, States are to report all children in foster care and under the placement, care of supervision of the State agency to AFCARS. In the case of youth 18 years of age or over, State must report to AFCARS:

youth who have not yet reached the State's legal age of majority; and
youth who have attained 18 years of age, but not yet 19 years of age on whose behalf the State is providing title IV-E foster care maintenance payments.

Pursuant to long-standing Departmental policy, States are instructed to exclude those youth who are considered to be adults in a State from the child protection requirements in section 422 of the Act and AFCARS reporting requirements. However, youth who receive title IV-E foster care maintenance payments must be reported to AFCARS and be provided the section 422 protections regardless of whether they have reached the legal age of majority in the State.

Source/Date

ACYF-CB-PIQ-95-01 (3/8/95); updated (5-28-02)

Legal and Related References

Social Security Act - section 479; 45 CFR Part 1355

1.4 AFCARS, Technical Requirements

1. Question:

For programming purposes, are "6 months" and "180 days" supposed to be literally the same? Automated systems must be programmed precisely as to what date to use. (Deleted November 13, 2024)

Answer:

The reference to 6 months is 6 calendar months, whereas, 180 days equals 180 days, irrespective of calendar months.

Source/Date

ACYF-CB-PIQ-95-01 (3/8/95)

Legal and Related References

Social Security Act - section 479; 45 CFR Parts 1355, 1356 and 1357

2. Question:

What links are States to maintain between children in the AFCARS foster care data transmission and the AFCARS adoption data transmission? If the State uses encrypted numbers, the child's number will appear the same on both the foster care and the adoption reports. Does this violate confidentiality? (Deleted November 13, 2024)

Answer:

No link may be maintained in the AFCARS transmissions for children who leave foster care and are adopted. If the State is still concerned about possible linkage of the foster care and adoption records, it should adopt a different encryption algorithm for the adoption data report.

Source/Date

ACYF-CB-PIQ-95-01 (3/8/95)

Legal and Related References

Social Security Act - section 479; 45 CFR Parts 1355, 1356 and 1357

2.1A.1 CAPTA, Assurances and Requirements, Access to Child Abuse and Neglect Information, Confidentiality

8. Question:

Is it permissible under the Child Abuse Prevention and Treatment Act (CAPTA) for the State to disclose to the public information in the child abuse and neglect record that does not pertain to the case of child abuse and neglect that results in a child fatality or near fatality? (Deleted July 29, 2026)

Answer:

No. Except as discussed below, States must preserve the confidentiality of all child abuse and neglect reports and records in order to protect the rights of the child and family. Consistent with section 106(b)(2)(B)(viii) of CAPTA, reports and records made and maintained pursuant to the purposes of CAPTA shall be made available only to the entities and under the circumstances described in section 106(b)(2)(B)(viii)(I - VI) of CAPTA. As the question implies, a State must release findings or information to the public about a case of child abuse or neglect which results in a child's fatality or near fatality consistent with section 106(b)(2)(B)(x) of CAPTA in accordance with section 2.1A.4, Q/A #8 of the CWPM. In addition, a State may open court proceedings that determine child abuse and neglect to the public if the safety and well-being of the child, parents and families involved are protected (see the last paragraph of section 106(b)(2) of CAPTA).

Source/Date

updated 9/27/11; 9/12/12

Legal and Related References

Child Abuse Prevention and Treatment Act section 106(b)(2)

2.1A.3 CAPTA, Assurances and Requirements, Access to Child Abuse and Neglect Information, Open courts

2. Question:

Some States have enacted laws that allow open courts for juvenile protection proceedings, including child in need of protection or services hearings, termination of parental rights hearings, long-term foster care hearings and in courts where dependency petitions are heard. Questions have arisen about whether courts that are open to the public and allow a verbal exchange of confidential information meet the confidentiality requirements under CAPTA. Do the confidentiality provisions in CAPTA restrict the information that can be discussed in open court? (Deleted April 17, 2006)

Answer:

Yes. The purpose of the confidentiality provision is to protect the privacy rights of individuals receiving services or assistance under this program and to assure that confidential information is not disclosed to unauthorized recipients. Although, under CAPTA, confidential information may be shared with the courts, there is no provision which allows for public disclosure of such information except in cases of child abuse or neglect that result in the death or near death of a child. The confidentiality requirements of CAPTA do not prohibit open courts per se. However, to the extent that the proceedings involve discussion of confidential information from the child abuse and neglect report and record, the confidentiality requirements apply. Accordingly, such information cannot be discussed in a public forum, including an open court. To the extent that confidential information is relevant to the proceedings, it must be discussed in the court's chambers or some other restricted setting, and the pertinent sections of the transcript must be kept confidential as well.

Violation of the Federal confidentiality provisions is a State plan compliance issue under CAPTA.

Source/Date

ACYF-CB-PIQ-98-01 (6/29/98)

Legal and Related References

Social Security Act - section 471 (a)(8); Child Abuse Prevention and Treatment Act (CAPTA), as amended (42 U.S.C. 5101 et seq.) - section 106; 45 CFR 205.50; 45 CFR 1355.21 (a)

2.1A.4 CAPTA, Assurances and Requirements, Access to Child Abuse and Neglect Information, Public disclosure

5. Question:

Section 106(b)(2)(B)(x) of the Child Abuse Prevention and Treatment Act (CAPTA) requires a State to have provisions that allow for public disclosure of the findings or information about the case of child abuse or neglect that results in a child's fatality or near fatality. Is the State required to turn over all of the information in the entire case record, when requested? (Deleted July 29, 2026)

Answer:

No. The State is not required to release all of the information in the entire case record. Rather, the State must provide for the disclosure of findings and information in accordance with section 2.1A.4, Q/A #8 of the CWPM. As such, the State may determine its procedures in accordance with these parameters, and can release the full investigation; a summary of the investigation; or a statement of findings and information about the incident among other options. Finally, States also should ensure that they are complying with any other relevant Federal confidentiality laws. In particular, entities that are subject to the Health Insurance Portability and Accountability Act of 1996 (HIPAA) must ensure that they do not disclose confidential information in violation of HIPAA's privacy regulations. * * For more detailed information about the circumstances under which State agencies or other covered entities can disclose confidential information under HIPAA's privacy regulations, contact the U.S. Department of Health and Human Services' Office for Civil Rights or the State Attorney General's Office.

Source/Date

updated 9/27/11; 9/12/12

Legal and Related References

Child Abuse Prevention and Treatment Act (CAPTA), as amended (42 U.S.C. 5101 et seq.) - section 106;

6. Question:

When child abuse or neglect results in a child fatality or near fatality, is the State required to disclose to the public personal information about the child, including name, date of birth and date of death? (Deleted July 29, 2026)

Answer:

As required by CWPM section 2.1A.4 Q/A #8, the State is required to provide the child's age and gender when child abuse or neglect results in a child's death or near fatality; disclosure of the child's name, date of birth, date of death or other personal information is not a Federal requirement. However, a State is not prohibited by CAPTA from having procedures or policies that release such information. Finally, States also should ensure that they are complying with any other relevant Federal confidentiality laws. In particular, entities that are subject to the Health Insurance Portability and Accountability Act of 1996 (HIPAA) must ensure that they do not disclose confidential information in violation of HIPAA's privacy regulations. * * For more detailed information about the circumstances under which State agencies or other covered entities can disclose confidential information under HIPAA's privacy regulations, contact the U.S. Department of Health and Human Services' Office for Civil Rights or the State Attorney General's Office.

Source/Date

updated 9/27/11; 9/12/12

Legal and Related References

Child Abuse Prevention and Treatment Act (CAPTA), as amended (42 U.S.C. 5101 et seq.) - section 106

7. Question:

In a case of child abuse or neglect that results in a child fatality or near fatality, is the State required to provide information on the child's siblings, or other children in the household? (Deleted July 29, 2026)

Answer:

Generally no. The information about another child in the household who is not a fatality or near fatality victim is not subject to the CAPTA public disclosure requirement unless this information is pertinent to the child abuse or neglect that led to the fatality or near fatality. This information in fact may be protected by the confidentiality requirements applicable to titles IV-B/IV-E of the Social Security Act. Finally, States also should ensure that they are complying with any other relevant Federal confidentiality laws. In particular, entities that are subject to the Health Insurance Portability and Accountability Act of 1996 (HIPAA) must ensure that they do not disclose confidential information in violation of HIPAA's privacy regulations. * * For more detailed information about the circumstances under which State agencies or other covered entities can disclose confidential information under HIPAA's privacy regulations, contact the U.S. Department of Health and Human Services' Office for Civil Rights or the State Attorney General's Office.

Source/Date

10/24/2006; updated 9/12/12

Legal and Related References

Child Abuse Prevention and Treatment Act (CAPTA), as amended (42 U.S.C. 5101 et seq.) - section 106

2.1B CAPTA, Assurances and Requirements, Appeals

4. Question:

Must States set up an administrative appeals process if they do not maintain a central registry? (Deleted July 29, 2026)

Answer:

Yes. Pursuant to section 106 (b)(2)(B)(xv)(II) of the Child Abuse Prevention and Treatment Act (CAPTA), States must have a process to hear appeals from individuals who disagree with an official finding of child abuse or neglect. There is nothing in the statutory language or legislative history that indicates that this requirement is limited to only those States with central registries. Additionally, in order for an appeals process to be complete, it must include steps to assure that individuals with such rights receive timely notification.

Source/Date

ACYF-NCCAN-PIQ-97-01 (3/4/97); updated 9/27/11

Legal and Related References

Child Abuse Prevention and Treatment Act (CAPTA), as amended (42 U.S.C. 5101 et seq.) - section 106(b)(2)(B)(xv)(II)

2.1E CAPTA, Assurances and Requirements, Reunification

2. Question:

Section 106(b)(B)(xvi) of CAPTA requires that provisions, procedures, and mechanisms be implemented to assure that a State does not require reunification with a parent who has been convicted of certain felonious acts, a parent who has been convicted of sexual abuse against the surviving child or another child of the parent, or a parent who is required to register with a sex offender registry. On the other hand, the Indian Child Welfare Act (ICWA) requires that "any party seeking to effect a foster care placement of, or termination of parental rights to, an Indian child under State law shall satisfy the court that active efforts have been made to provide remedial services and rehabilitative programs designed to prevent the breakup of the Indian family and that these efforts have been unsuccessful" (25 U.S.C §1912(d)). Does a conflict exist between the two statutes? (Deleted July 29, 2026)

Answer:

No. There is no conflict between the CAPTA provision and the ICWA requirement noted above. The CAPTA provision does not prohibit States from making reasonable efforts to reunify families as required under ICWA (as well as under title IV-E); it merely ensures that States not require reunification under certain circumstances. Therefore, it does not conflict with the ICWA requirement regarding efforts to prevent the breakup of Indian families.

Source/Date

ACYF-NCCAN-PIQ-97-03 (9/26/97); updated 2/3/05; 12/9/11

Legal and Related References

Child Abuse Prevention and Treatment Act (CAPTA), as amended (42 U.S.C. 5101 et seq.) - section 106 (b)(2)(B)(xvi); Indian Child Welfare Act (25 U.S.C §1912(d))

3. Question:

Does section 106(b)(2)(B)(xvii) of CAPTA mean that children cannot be reunified with a parent who has committed the specific crimes therein or must be registered with a sex offender registry pursuant to section 113(a) of the Adam Walsh Child Protection and Safety Act of 2006? (Deleted July 29, 2026)

Answer:

No. This provision is not a prohibition against reunification, but rather assures that reunification is not required in cases where the parent has committed the crimes listed in 106(b)(2)(B)(xvii) or had to register with the Adam Walsh sex offender registry. The decision as to whether to reunify or seek termination of parental rights is within the sole discretion of the State and is determined on a case-by-case basis.

Source/Date

ACYF-NCCAN-PIQ 97-01 (3/4/97); updated 2/3/05; 12/9/11

Legal and Related References

Child Abuse Prevention and Treatment Act (CAPTA), as amended (42 U.S.C. 5101 et seq.) - section 106(b)(2)(B)(xvii)

2.1F CAPTA, Assurances and Requirements, Infants Affected by Substance Abuse

3. Question:

The Child Abuse Prevention and Treatment Act (CAPTA) provision at section 106(b)(2)(A)(ii) requires States to adopt policies and procedures to address the needs of infants identified as being affected by illegal substance abuse or withdrawal symptoms resulting from prenatal drug exposure. Does this requirement include an infant who is affected by prenatal exposure to alcohol? (Deleted May 03, 2016)

Answer:

No. The inclusion of an infant's prenatal exposure to alcohol was considered but excluded from the requirement by Congress. Specifically, the House bill included "fetal alcohol syndrome" in the provision, but the Senate bill did not. Rather, the original Senate language which does not mention prenatal exposure to alcohol was finally adopted in conference and enacted into law. The Senate Report (S. Rpt. 108-12) notes: "While the committee felt constrained, because of limited ability to detect and diagnose it at birth, not to include prenatal exposure to alcohol in this requirement, the Committee remains concerned about the affects [sic] of alcohol on infants and a possible later diagnosis of fetal alcohol syndrome." The Senate Report further stated that "[t]he committee wants to be clear that it is not intending to pre-empt State law regarding what constitutes child abuse or requirements for prosecution, nor does the committee intend to signal that States should no longer investigate cases involving prenatal exposure to alcohol." Therefore, although the inclusion of infants who are born with prenatal exposure to alcohol is not required by the CAPTA provision, neither is it prohibited.

Source/Date

5/2/2006

Legal and Related References

Child Abuse Prevention and Treatment Act (CAPTA), as amended (42 U.S.C. 5101 et seq.) - section 106(b)(2)(A)(ii)

2.1J CAPTA, Assurances and Requirements, Criminal Background Checks

1. Question:

Are fingerprints required as part of the criminal background check requirement in section 106(b)(2)(B)(xxii) of CAPTA? (Deleted September 05, 2019)

Answer:

Yes. Public Law 111-320 amended section 106(b)(2)(B)(xxii) of CAPTA in 2010 to require that States have provisions and procedures that require criminal background checks for prospective foster and adoptive parents and other adults residing in the household that meet the title IV-E criminal background check requirements. The title IV-E requirements in section 471(a)(20) of the Social Security Act require fingerprint-based criminal record checks of national crime information databases.

Source/Date

05/02/06; updated 12/9/11

Legal and Related References

Social Security Act § section 471(a)(20); Child Abuse Prevention and Treatment Act (CAPTA), as amended (42 U.S.C. 5101 et seq.) § section 106(b)(2)(B)(xxii)

2. Question:

Does the requirement at section 106(b)(2)(A)(xxii) of the Child Abuse Prevention and Treatment Act (CAPTA) for criminal background checks for prospective foster and adoptive parents and other adults living in the household apply if no title IV-E foster care or adoption assistance payments are made? (Deleted February 09, 2012)

Answer:

Yes. The CAPTA requirement applies to all prospective foster and adoptive parents licensed or approved under the State's licensing authority, as well as other adults living in the home, regardless of the funding source for the child's placement.

Source/Date

1/29/2007

Legal and Related References

Child Abuse Prevention and Treatment Act (CAPTA), as amended (42 U.S.C. 5101 et seq.) § section 106(b)(2)(A)(xxii)

2.2 CAPTA, Citizen Review Panels

1. Question:

How will States know how many citizen review panels they must establish to meet the requirements of section 106(c)(1)(A)-(B) since that number is dependent upon the amount of funds received by the State under the Community-Based Grants for the Prevention of Child Abuse and Neglect Program under Title II of CAPTA? (Deleted July 29, 2026)

Answer:

CAPTA requires that States establish a minimum of three citizen review panels. The only exception to this requirement is for States that receive the minimum allotment of $175,000 under Title II of CAPTA, and they are required to establish no less than one citizen review panel. The Department has notified States in writing regarding whether one or three panels will be required in each State.

Source/Date

ACYF-NCCAN-PIQ-97-01 (3/4/97); updated 2/3/05

Legal and Related References

Child Abuse Prevention and Treatment Act (CAPTA), as amended (42 U.S.C. 5101 et seq.) - section 106(c)(1)(A)-(B) and Title II

2. Question:

Do States have the flexibility to determine how to implement the citizen review panels requirement in section 106(b)(2)(B)(xiv) of CAPTA? (Deleted July 29, 2026)

Answer:

Yes. States have the flexibility to implement the citizen review panel requirement in ways that best meet their needs, so long as the panels meet the requirements set forth under section 106 (c) of CAPTA. States should pay particular note to section 106 (c)(2) of CAPTA which specifies the requirements for membership of the panel. We encourage the States to give special attention to the qualifications of the panelists to review complex cases of child maltreatment, including a balance among children's attorneys, child advocates and CASA volunteers who are familiar with the difficulties of the child protection system.

Source/Date

ACYF-NCCAN-PIQ-97-01 (3/4/97); updated 9/27/11

Legal and Related References

Child Abuse Prevention and Treatment Act (CAPTA), as amended (42 U.S.C. 5101 et seq.) - sections 106(b)(2)(B)(xiv) and (c)(2)

3. Question:

What are the functions that citizen review panels must perform? (Deleted July 29, 2026)

Answer:

Pursuant to sections 106(c)(4)(A)(i) and (ii) of the Child Abuse Prevention and Treatment Act (CAPTA), each panel must evaluate the extent to which the State is fulfilling its child protection responsibilities in accordance with its CAPTA State plan by: (1) examining the policies, procedures and practices of State and local child protection agencies, and (2) reviewing specific cases, where appropriate. In addition, consistent with section 106(c)(4)(A)(iii) of CAPTA, a panel may examine other criteria that it considers important to ensure the protection of children, including the extent to which the State and local CPS system is coordinated with the title IV-E foster care and adoption assistance programs of the Social Security Act. This provision also authorizes the panels to review the child fatalities and near fatalities in the State. In order to assess the impact of current procedures and practices upon children and families in the community and fulfill the above requirements, citizen review panels must provide for public outreach and comment (section 106(c)(4)(C) of CAPTA). Finally, each panel must prepare an annual report that summarizes the activities of the panel and makes recommendations to improve the CPS system at the State and local levels, and submit it to the State and the public (section 106(c)(6) of CAPTA).

Source/Date

ACYF-CB-PI-99-09 (6/2/99); updated 3/22/06

Legal and Related References

Child Abuse Prevention and Treatment Act (CAPTA), as amended (42 U.S.C. 5101 et seq.) - section 106(c)

2.3 CAPTA, Definitions

3. Question:

Section 106(b)(2)(B)(x) of CAPTA requires a State to provide for the public disclosure of findings or information about a case of child abuse or neglect which results in a child fatality or near fatality. For the purposes of this requirement, what is considered a "near fatality"? (Deleted July 29, 2026)

Answer:

A "near fatality" is defined under section 106 (b)(4)(A) as "an act that, as certified by a physician, places the child in serious or critical condition." For example, if hospital records reflect that the child's condition is "serious" or "critical," this would be considered a "near fatality" under CAPTA.

Source/Date

ACYF-NCCAN-PIQ-97-01 (3/4/97); updated 9/27/11

Legal and Related References

Child Abuse Prevention and Treatment Act (CAPTA), as amended (42 U.S.C. 5101 et seq.) - sections 106(b)(2)(B)(x) and (b)(4(A)

3 INDEPENDENT LIVING

1. Question:

Does title IV-E preclude a State agency from passing on to the child title IV-E funds for his use for his maintenance in an independent living program? (Deleted February 25, 2011)

Answer:

Title IV-E precludes payments made directly to the child or turned over to him by another agency for the purpose of meeting independent living costs. The eligibility of a child for title IV-E is based in part on the fact that he is placed in a family foster home or child care institution as a result of a court determination or voluntary agreement (section 472 (a)(2) of the Social Security Act (the Act)). Federal financial participation is limited to foster care maintenance payments made on behalf of a child described in section 472 (a) of the Act who is in a foster family home or in a child care institution (section 472 (b)). Both "foster family home" and "child care institution" are defined in section 472 (c). Title IV-E does not include "independent living" in these definitions, and it is not considered foster care within the meaning of the Act. Title IV-B may be an alternative source of funding for these independent living programs. Since independent living is not considered foster care, the limitations found in section 423 (c)(1)(B) of title IV-B to foster care payments would not apply.

Source/Date

ACYF-CB-PIQ-83-05 (10/19/83)

Legal and Related References

Social Security Act - sections 423 and 472; 45 CFR 1355.20

3.1 INDEPENDENT LIVING, Certifications and Requirements

1. Question:

Will States need to make any specific changes in their legislation and policy to comply with the Chafee Foster Care Independence Program (CFCIP)? (Deleted March 28, 2019)

Answer:

States should review their laws and make changes, as appropriate, to assure consistency with the expanded purposes of the CFCIP program. We anticipate that some State policy changes will be necessary. In particular, States should look for possible legal or regulatory conflicts around age limits for services (both the removal of a lower age limit and serving youth between ages 18 and 21), age issues concerning room and board provisions, and Medicaid eligibility requirements.

Source/Date

Questions and Answers on the Chafee Foster Care Independence Program

Legal and Related References

Social Security Act - section 477(b)(3)

3.1B INDEPENDENT LIVING, Certifications and Requirements, Age

1. Question:

Is it correct that there is no minimum age requirement for youths to receive Chafee Foster Care Independence Program (CFCIP) services? (Deleted March 28, 2019)

Answer:

Yes. It is correct that there is no minimum age requirement for the CFCIP program. The CFCIP legislation gives States broad discretion to define the population of children who are "likely to remain in foster care until age 18."

Source/Date

Questions and Answers on the Chafee Foster Care Independence Program

Legal and Related References

Social Security Act - section 477(a)

2. Question:

Who must the State serve in the age 18-21 category in independent living services? (Deleted March 28, 2019)

Answer:

Section 477(b)(3)(A) of the Social Security Act requires States to provide services to youth between ages 18 and 21 who left foster care because they attained 18 years of age. Therefore, States must serve youth between ages 18 and 21 who left foster care because they turned 18 ("aged out" of foster care) and may serve other former foster care youth who did not "age-out" of foster care.

Source/Date

Questions and Answers on the Chafee Foster Care Independence Program

Legal and Related References

Social Security Act - section 477(b)(3)(A)

3. Question:

At what age do independent living services have to be provided to foster care youth? (Deleted March 28, 2019)

Answer:

Pursuant to section 475 of the Social Security Act, the State is required to develop and implement a case plan that, for children age 16 and older, identifies those programs and services that will be provided to assist the youth in transitioning from foster care to independence. The Chafee Foster Care Independence Program (CFCIP) is a funding resource for independent living programs and services, with no lower age limit requirements, and is available for youth who meet the State's eligibility requirements for CFCIP. However, the requirements at Section 475 of the Act must be met even for those youth who are not eligible for CFCIP.

Source/Date

7/25/2002

Legal and Related References

Social Security Act - section 475(1)(B) and (1)(D), section 477

3.1E INDEPENDENT LIVING, Certifications and Requirements, Miscellaneous Requirements

1. Question:

Does the court have to approve the youth's case plan that describes the services needed for him/her to transition from adolescence to adulthood? (Deleted March 28, 2019)

Answer:

No. The Social Security Act at sections 475(1) and (5) addresses case plan and case review system requirements for titles IV-E and IV-B. There is no statutory requirement for judicial approval. The court's role is to exercise oversight of the permanency plan, review the State agency's reasonable efforts to prevent removal from the home, reunify the child with the family, conduct permanency hearings and finalize permanent placements. Although approval is not required, the court must address, as part of the permanency hearing, the services needed to assist youth ages 16 and over to make the transition from foster care to independent living.

Source/Date

7/25/2002

Legal and Related References

Social Security Act - section 475(1) and (5) Child Welfare Policy Manual 8.3C.1

3.1F INDEPENDENT LIVING, Certifications and Requirements, Objective Eligibility Criteria

6. Question:

Are youth who do not age out of the foster care system because permanency was attained prior to age 18 eligible for CFCIP services? For example, a youth was in foster care but reunited with his/her family and is living at home or was adopted before attaining 18 years of age. Would such a youth be eligible for CFCIP services at age 18? (Deleted March 28, 2019)

Answer:

Section 477(b)(3)(A) requires States to provide federally-funded CFCIP services to youth between ages 18 and 21 who left foster care because they attained 18 years of age. The State may also provide assistance and services to other former foster care youth whom the State defines as eligible, consistent with the statutory purposes defined in section 477(a). The youth in the example could receive federally-funded CFCIP services if the State included former foster care youth who did not "age out" of foster care at age 18 in its eligibility criteria. However, room and board is available only to the extent consistent with the limitation in section 477(b)(3)(B).

Source/Date

7/25/2002

Legal and Related References

Social Security Act - section 477

3.1I INDEPENDENT LIVING, Certifications and Requirements, Tribal

1. Question:

Must the Tribes participate in the title IV-E program in order to access Chafee Foster Care Independence Program (CFCIP) funds and services? Is their participation in the title IV-E program a prerequisite for soliciting their input? (Deleted March 28, 2019)

Answer:

The answer to both of these questions is "no." Section 477(b)(3)(G) of the Social Security Act requires each State to consult with each Indian Tribe within the State. States must certify that each Indian Tribe in the State has been consulted on the programs to be carried out under the State plan, that the State made efforts to coordinate programs with the Tribes and that benefits and services under the programs will be made available to Indian children in the State on the same basis as to other children in the State. Whether or not a Tribe has a title IV-E agreement with the State is immaterial.

Source/Date

Questions and Answers on the Chafee Foster Care Independence Program

Legal and Related References

Social Security Act - section 477(b)(3)(G)

2. Question:

Are entities other than "tribes" included in the requirements at section 477(b)(3)(G) of the Social Security Act? (Deleted July 29, 2026)

Answer:

Yes. Any Indian Tribal Organization that is federally recognized is included.

Source/Date

Questions and Answers on the Chafee Foster Care Independence Program

Legal and Related References

Social Security Act - section 477(b)(3)(G)

4. Question:

Why is the requirement for States to consult with Tribes in the Chafee Foster Care Independence Act? (Deleted July 29, 2026)

Answer:

The original bill, HR 1802, which required States to inform Tribes about the enhanced independent living program, was strengthened in the final law to require consultation with the Tribes about the programs to be carried out under the State plan. Included in the Congressional Record of the House, dated June 25, 1999 are remarks from one representative concerning the upgrading of this provision. "Tribes are in the best position to know the needs of Indian children and of possible local resources available for assistance, and this amendment is a first step in recognizing the level of communication and coordination that is necessary for the provision of independent living services." The Department expects that consultation with Tribes will take place as explicitly required, that there have been efforts to coordinate the programs with such Tribes, and that benefits and services will be made available to Tribal youth as specified at section 477(b)(3)(G) of the Social Security Act.

Source/Date

Questions and Answers on the Chafee Foster Care Independence Program

Legal and Related References

Social Security Act - section 477(b)(3)(G)

3.2A INDEPENDENT LIVING, Data Collection, Data Elements

1. Question:

Do tribal youth, youth involved with the juvenile justice system, youth who receive services through the staff of a group home or child care institution, and youth no longer in foster care fall within the served population as defined in 45 CFR 1356.81(a)? (Deleted July 29, 2026)

Answer:

In general, as required in 45 CFR 1356.81(a), a youth is in the served population if during the report period, the youth received at least one independent living service paid for or provided by the State agency. An independent living service is provided by the State agency if it is delivered by State agency staff or an agent of the State, including a foster parent, group home staff, child care institution staff or the service is provided pursuant to a contract between the State agency and a provider, agency or any other entity regardless of whether the contract includes funding for the particular service. The served population is not limited on the Federal level by age, foster care status or placement type, although State eligibility rules for their independent living programs may restrict which youth receive independent living services. Therefore, tribal youth, youth involved with the juvenile justice system, youth who receive services through foster care providers and youth no longer in foster care are a part of the served population if they receive an independent living service paid for or provided by the State agency during the report period.

Source/Date

73 FR 10340 (February 26, 2008); (01/26/10)

Legal and Related References

Social Security Act § section 477(f)(1)(B)(i); 45 CFR 1356.81(a)

2. Question:

How is the served population as defined in 45 CFR 1356.81(a) distinct from or related to the baseline and follow-up population as defined in 45 CFR 1356.81(b) and (c)? (Deleted July 29, 2026)

Answer:

The National Youth in Transition Database (NYTD) has two separate but related components: independent living services and youth outcomes. The reporting populations are separate for each component, although not mutually exclusive. States are to collect and report independent living services information on youth who fall within the served population, as defined by 45 CFR 1356.81(a). The served population is made up of youth who have received at least one independent living service that is paid for or provided by the State agency during a six-month report period. The youth's age and foster care status is not relevant to whether he or she is in the served population. States are to collect and report outcomes information on youth who are in the baseline and follow-up populations, as defined by 45 CFR 1356.81(b) and (c) respectively. The baseline population is comprised of all 17-year-olds in foster care during a year in which such outcomes data is due (beginning in Federal Fiscal Year (FFY) 2011), regardless of whether the youth receives any services. The follow-up population is a subgroup of the baseline population: youth who participated in the outcomes data collection when they were 17 years old, but who are now 19 or 21 years old. A few simple examples (that do not address sampling) illustrate how the reporting populations may overlap or diverge:

Example 1. In December 2010, a youth turns 17 years old while in foster care and takes a budgeting class that is paid for by the State agency in January 2011. This youth would be part of the served population for the first report period of FFY 2011 (October 1, 2010 through March 31, 2011) and reported as receiving the? budget and financial management? service. The same youth would also be a part of the baseline population for whom the State must administer the outcomes survey. This is because FFY 2011 is a year in which the States must collect data on the baseline population, which is comprised of those youth in foster care who reach their 17th birthday in the FFY.
Example 2. In November 2011, a different 17-year-old in foster care takes a budgeting class that is paid for by the State agency. This youth would be part of the served population for the first report period of FFY 2012. However, there is no outcomes data collection due in FFY 2012. Therefore, the youth is not in the baseline population.
Example 3. In December 2012, the same youth from example 1 reaches 19 years old. By the end of March 2013, this youth had not received any independent living services that were paid for or provided by the State agency during the first report period (October 1, 2012 through March 31, 2013), so the youth is not a part of the served population. However, two years ago, this youth completed the outcomes survey as part of the baseline population. Therefore, the youth is a part of the follow-up population and the State is required to collect and report outcomes data for this youth.

Source/Date

73 FR 10341 (February 26, 2008); (01/26/10)

Legal and Related References

Social Security Act § section 477(f)(1)(B)(i); 45 CFR 1356.81(a), (b), and (c)

3. Question:

Does a youth have to be in foster care on their 17th birthday to be included in the baseline population? (Deleted July 29, 2026)

Answer:

A youth does not need to have his or her 17th birthday while in foster care, but consistent with the data collection rule in 45 CFR 1356.82(a)(2), the youth must have been in foster care within 45 days following his or her 17th birthday during the specified reporting year.

Source/Date

73 FR 10342 (February 26, 2008); (01/26/10)

Legal and Related References

Social Security Act § section 477(f)(1)(B); 45 CFR 1356.82(a)(2)

4. Question:

Who is included in the follow-up population as defined in 45 CFR 1356.81(c)? Are youth who remain in foster care at ages 19 and 21 in the follow-up population? Would youth in the follow-up population at age 19 need to have participated in the outcomes data collection to be a part of the follow-up population at age 21? (Deleted July 29, 2026)

Answer:

The follow-up population as defined in 45 CFR 1356.81(c) is comprised solely of youth who are either 19 or 21 years old who participated in the outcomes data collection as part of the baseline population at age 17. A youth is considered to have participated at age 17 if he or she provided at least one valid answer to a question in the outcomes survey. A youth who participated in the data collection at age 17, but not at age 19 for a reason other than being deceased remains a part of the follow-up population at age 21. A youth is in the follow-up population as described regardless of the youth's foster care status at ages 19 or 21 and regardless of whether the youth ever received independent living services.

Source/Date

73 FR 10342 (February 26, 2008); (01/26/10)

Legal and Related References

Social Security Act § section 477(f)(1)(B); 45 CFR 1356.81(c), 45 CFR 1356.82(a)(3)

5. Question:

Are States that sample required, per 45 CFR 1356.83(e), to identify the 19-year-old youths who participated in the outcomes data collection as part of the baseline population at age 17, and who are not in the sample? (Deleted July 29, 2026)

Answer:

Yes. This information is required so that ACF can determine whether the State meets the outcomes universe and participation rate standards (45 CFR 1356.85(b)). A State must identify such youth in the two semi-annual report periods for the Federal fiscal year in which the State reports actual outcomes information on 19-year-old youth who are in the sample (45 CFR 1356.83(g)(34)). States will not report information on non-sampled youth again when the youth reach the age of 21 years old.

Source/Date

73 FR 10344 (February 26, 2008); (01/26/10)

Legal and Related References

Social Security Act § section 477(f); 45 CFR 1356.82(b), 45 CFR 1356.83(e) and (g)

3.2B INDEPENDENT LIVING, Data Collection, Outcome Measures

1. Question:

Regarding the data element required in 45 CFR 1356.83(g)(6), does the race category of American Indian or Alaska Native include youth who have an attachment or affiliation with a non-Federally recognized Tribe? (Deleted July 29, 2026)

Answer:

The race category does include youth who identify with an American Indian or Alaska Native Tribe regardless of whether that Tribe is recognized by the Federal government. This race category is per the Office of Management and Budget's Provisional Guidance on the Implementation of the 1997 Standards for Federal Data on Race and Ethnicity, at https://www.ofm.wa.gov/sites/default/files/public/dataresearch/pop/asr/re_guidance2000update.pdf
(See 73 FR 10345).

Source/Date

73 FR 10345 (February 26, 2008); (01/26/10)

Legal and Related References

Social Security Act § section 477(f); 45 CFR 1356.83(g)(6)

2. Question:

What is the difference between "educational financial assistance" as required in 45 CFR 1356.83(g)(32) and "educational aid" as referenced in 45 CFR 1356.83(g)(41)? (Deleted July 29, 2026)

Answer:

"Educational financial assistance" is a service element that refers to financial supports that the State agency pays for or provides for the youth; "educational aid" is an outcome element and refers to monies or other types of educational financial aid, from any source, that helps cover the youth's educational expenses as an indicator of their financial self-sufficiency. The intention is to obtain data on both concepts (See 73 FR 10349-10350).

Source/Date

73 FR 10349-50 (February 26, 2008); (01/26/10)

Legal and Related References

Social Security Act § section 477(f); 45 CFR 1356.83(g)(32) and (41)

3. Question:

Is the State permitted to conduct data cross-matching with other administrative databases to gather data on youth, such as those maintained by States to support corrections, Temporary Assistance for Needy Families, Medicaid, employment, education, and child'support? (Deleted July 29, 2026)

Answer:

For outcomes data collection, ACF is requiring that the States use the survey method prescribed in 45 CFR 1356.82(a)(2). The State must administer the outcomes survey in Appendix B of 45 CFR Part 1356 to youth directly. Therefore, the State may not provide information in the data elements described in paragraphs 45 CFR 1356.83(g)(37) ? (g)(58) from any other source. On the other hand, information on the youth's characteristics (e.g., adjudicated delinquent, educational level, or foster care status) does not need to be collected from the youth directly and may come from a source of administrative data.

Source/Date

73 FR 10350 (February 26, 2008); (01/26/10)

Legal and Related References

Social Security Act § section 477(f); 45 CFR 1356.82(a)(2), 45 CFR 1356.83(g)(34) - (58)

4. Question:

Regarding the data required in 45 CFR 1356.83(g)(40), should a State report a youth who receives Supplemental Security Income/Social Security Disability Insurance (SSI/SSDI) payments which are applied to the cost of foster care or only those that are paid to the youth directly? What if a youth does not know he/she was an SSI/SSDI recipient if such payments were applied to the cost of foster care? Should a State "correct" a youth's response accordingly? (Deleted July 29, 2026)

Answer:

If the youth is a SSI/SSDI beneficiary but his or her payment is going towards the cost of foster care, then the youth is receiving social security payments consistent with the description for the data element in 45 CFR 1356.83(g)(40). However, the State is not to correct a youth's response if the youth is a beneficiary but responds in the negative to the social security survey question. Although this may result in some cases of a youth answering the question incorrectly, it is important to the integrity of the survey and data to represent the youth's understanding of his or her own circumstances.

Source/Date

73 FR 10351-52 (February 26, 2008); (01/26/10)

Legal and Related References

Social Security Act § section 477(f)(1); 45 CFR 1356.83(g)(40)

5. Question:

Please explain the calculation of the participation rate, as required in 45 CFR 1356.85(b)(3), to exclude youth who are deceased or institutionalized. (Deleted July 29, 2026)

Answer:

The regulation at 45 CFR 1356.85(b)(3) excludes youth who are reported by the State as deceased, incapacitated or incarcerated in the follow-up population in our calculation of the participation rate. Excluding individuals who should not participate due to the nature of the survey from the calculation of response rates is a standard practice. ACF will use the data States report in the outcomes reporting status element described in 45 CFR 1356.83(g)(34) in calculating the participation rate. For example, for a State that does not sample there are 215 17-year-old youth in the baseline population who participate in the outcomes survey. Two years later, none of the 215 youth are in foster care and five of these youth become incapacitated, incarcerated or deceased. In another two years, 10 more of the original baseline youth become incapacitated, incarcerated or deceased. ACF will calculate whether the State has reported some outcomes information on 60% of the remaining 200 youth in the follow-up population at age 21 to determine whether the State has met its participation rate. However, please note that even though outcomes information for incapacitated, incarcerated and deceased youth will be unavailable for the report period, a State must still report all other information for such youth. For example a State may not report outcome data for an incarcerated youth during a report period, but must report service information if she received independent living services that were paid for or provided by the State agency at some point in the report period.

Source/Date

73 FR 10357 (February 26, 2008); (01/26/10)

Legal and Related References

Social Security Act § section 477(f); 45 CFR1356.83(g)(34) and 45 CFR 1356.85(b)(3)

3.2D INDEPENDENT LIVING, Data Collection, Systems Requirements

1. Question:

Please provide guidance on the Federal funding sources States may use to pay for the costs related to the NYTD and whether title IV-E reimbursement is available for States that do not incorporate NYTD functionality into their Statewide automated child welfare information systems (SACWIS). (Deleted July 29, 2026)

Answer:

A State may use Chafee Foster Care Independence Program (CFCIP) funds for any and all costs associated with implementing the NYTD. A State with a SACWIS must incorporate NYTD information collection and reporting activities related to children in foster care into their SACWIS and may claim such information system costs as administrative costs under title IV-E pursuant to section 474(a)(3)(C) and (D) of the Social Security Act to the extent they are allowable and consistent with a State's advanced planning document (APD) and cost allocation plan (45 CFR 1355.50 - 1355.57 and 1356.60(e)). A State may not claim reimbursement under title IV-E for NYTD information system costs that are not incorporated into an approved APD for a SACWIS. The authority to claim information systems costs under title IV-E in 45 CFR 1356.60(d) is limited to collecting and reporting data necessary to meet the AFCARS requirements in 45 CFR 1355.40 and those necessary for the proper and efficient administration of the title IV-E State plan and not the CFCIP plan (See 73 FR 10361).

Source/Date

73 FR 10361 (February 26, 2008); (01/26/10)

Legal and Related References

Social Security Act § sections 474(a)(3)(C), (D) and 477(f); 45 CFR 1355.40, 45 CFR 1355.50 - 1355.57 and 45 CFR 1356.60(e)

3.3B INDEPENDENT LIVING, Fiscal, Allocations

1. Question:

Will the Department allow reallocation of State unspent funds to other States that could match the additional amount? (Deleted July 29, 2026)

Answer:

Section 477(d)(4) of the statute, enacted by the Promoting Safe and Stable Families Act, provides for the reallocation of CFCIP funds for which States have not applied. If a State does not apply for its entire CFCIP allocation in a given year, the funds will be reallocated to other States. The Department will give further guidance and instructions in its yearly program instruction regarding funding and State plan updates.

Source/Date

7/25/2002

Legal and Related References

Social Security Act 477; Public Law 107-133

3.3C INDEPENDENT LIVING, Fiscal, Match

1. Question:

Will all expenditures of Chafee funds require a match? (Deleted July 29, 2026)

Answer:

Yes. Section 474(a)(4) of the Social Security Act has been amended to make payments to the State at 80 percent of the total amount expended by the State. Therefore, a 20 percent State match is required. Federal reimbursement ends once the State expends its allotted amount.

Source/Date

Questions and Answers on the Chafee Foster Care Independence Program

Legal and Related References

Social Security Act - section 474(a)(4)

3.5A Youth Eligibility

4. Question:

If a youth has been receiving a Chafee voucher to attend college, but is not taking classes during the semester the youth turns age 21, will the youth continue to be eligible for a voucher through age 23? (Deleted October 04, 2019)

Answer:

If the State determines that the youth is still enrolled, based on the academic institution's definition of "enrollment," in a postsecondary education or training program and has been making satisfactory progress toward completing the program, despite not actually taking classes at the time the youth turns 21, the State may continue the youth's eligibility for a voucher until age 23 (section 477(i)(3) of the Social Security Act). The State should consult the individual institution's policy on enrollment and standards for satisfactory academic progress to make this determination.

Source/Date

4/4/2005

Legal and Related References

Social Security Act - Section 477(i)(3)

1. Question:

Must a youth be 18 years of age to receive a Chafee Educational and Training Voucher? (Deleted July 29, 2026)

Answer:

No. The statute does not place any minimum age restrictions for the Chafee Educational and Training Voucher program.

Source/Date

4/4/2005

Legal and Related References

Social Security Act - Section 477(i)(1)

5. Question:

Would a voucher be available for a youth to get an adult high school certificate or General Equivalency Degree (GED) at a community college? (Deleted July 29, 2026)

Answer:

Typically, no, because Chafee requires that a youth attend an institution of higher education, as defined in section 102 of the Higher Education Act (HEA) of 1965, as amended. Among other things, HEA defines what constitutes an "institution of higher learning" based on certain criteria. We encourage the State to consult the specific community college or institution of higher education about whether such a youth is considered a student for whom the institution can calculate the cost of attendance and whether the college or institution of higher education meets the criteria in sections 101 and 102 of HEA.

Source/Date

4/4/2005

Legal and Related References

Social Security Act - Section 477(i); Higher Education Act of 1965, as amended - Section 472

3.5C Eligible Expenses and Institutions

3. Question:

What child care expenses are included in the definition of "cost of attendance" for the voucher program? (Deleted July 29, 2026)

Answer:

According to the Higher Education Act of 1965, as amended, if the youth has at least one child, the cost of attendance includes an allowance for child care expenses. The institution must determine the actual allowance, if any, for child care expenses. The institution's determination must be based on the number and age of the youth's child(ren) and may not exceed the reasonable cost for child care in the community where the youth lives. The expenses may cover, but are not limited to, child care necessary for class attendance, periods of study, field-work, internships, and commuting time.

Source/Date

4/4/2005

Legal and Related References

Higher Education Act of 1965 § section 472

4. Question:

If the State is paying for the "cost of attendance" for a student under the Educational and Training Voucher program, what are allowable transportation expenses under the definition of "cost of attendance?" May the State use funds from the voucher program to pay for expenses related to a student's personal vehicle? (Deleted July 29, 2026)

Answer:

There is no statutory definition of allowable transportation expenses. The institution may determine the amount of transportation expenses, if any, to allow in determining the cost of attendance. The State should consult with the institution to determine which expenses are allowable and appropriate. If expenses related to the student's personal vehicle are not a part of the cost of attendance, they are not an allowable expense under the voucher program. The State may pay for costs, such as a youth's car insurance or car repairs, that are reasonable and necessary for the youth to become independent or attend classes out of regular Chafee program funds.

Source/Date

4/4/2005

Legal and Related References

Social Security Act § section 477

5.1 MONITORING, Child and Family and Services Review (CFSR)

7. Question:

Certain performance indicators do not seem to be applicable to their related outcomes. For example, the performance indicators associated with Well-Being Outcome #1, Families have enhanced capacity to provide for their children's needs, are measures of process and do not equate with enhanced capacity for parents. Please explain the rationale for the choice of these performance indicators. (Deleted July 29, 2026)

Answer:

For each outcome to be reviewed, we selected indicators that, if met, are both within the scope of the State agency's range of responsibilities and are likely to promote outcome achievement. Each of the on-site indicators includes a subset of questions and issues that permits reviewers to explore the indicator below the surface level. We believe that this type of exploration during the on-site review is necessary to evaluate the quality of work and the successful achievement of outcomes for children and families. It is unlikely that individual performance indicators, in isolation, can be used to evaluate the outcomes accurately. In combination, however, the set of performance indicators associated with each outcome will provide a balanced perspective on the outcome.

Source/Date

Preamble to the Final Rule (65 FR 4020) (1/25/00)

Legal and Related References

45 CFR 1355.34 (b)

8. Question:

Well-Being Outcome #2, "Children receive appropriate services to meet their educational needs," is not an outcome that can necessarily be achieved by the child welfare system. Moreover, we question whether this outcome, as it is stated, meets the definition of an outcome. Please explain the rationale for its inclusion as an outcome. (Deleted July 29, 2026)

Answer:

The outcome delineated at 45 CFR 1355.34 (b)(1)(iii)(B), addresses the responsibilities of public child welfare agencies in regard to the educational needs of children in their care and custody. Certain aspects of the educational status of children are not within the control of the public child welfare agency. We do not think it appropriate to describe the outcome in more definitive terms and hold the State accountable for educational outcomes that must be addressed primarily through the State's educational agencies. Rather, we will review those responsibilities that the State child welfare agency legitimately has in this area: considering and addressing educational needs for children in case planning; obtaining and considering educational records for children in its care; and, where appropriate, advocating for children's educational needs with the education authorities in the State.

Source/Date

Preamble to the Final Rule (65 FR 4020) (1/25/00)

Legal and Related References

45 CFR 1355.34 (b)

9. Question:

In enforcing the national standard for the statewide data indicators, will some States automatically fail to meet the standard, by definition, since the standard is set at the 75th percentile of State performance? (Deleted July 29, 2026)

Answer:

No. The national standards for the statewide data indicators will be established on the basis of all jurisdictions' submissions of data over several time periods. When the standard is set, it remains constant and, when the State is reviewed, the statewide data indicators are compared to the standard to determine conformity. It is possible, theoretically, that every State could submit data for the year under review that would be at or above the national standard. It is also possible that all States' submissions would fall below the standard or that any combination of States will meet or not meet the standard.

Source/Date

Questions and Answers on the Final Rule (65 FR 4020) (1/25/00)

Legal and Related References

45 CFR 1355.34 (b)

10. Question:

Is a two year time period (plus the opportunity for a one year extension) for completing a program improvement plan excessive? (Deleted July 29, 2026)

Answer:

Not all program improvement plans will require two years to implement and the specific time frame for each State's plan will be negotiated and agreed upon between the State and ACF. In many States, complex issues are being litigated or settled on behalf of their child welfare systems. Therefore, some improvements will require extensive periods of time to implement. Systemic changes that lead to identifiable improvements in the outcomes for children and families cannot always be achieved by simply modifying a policy, creating new tracking procedures or implementing new standards. The following requirements are in place to ensure expeditious implementation and completion of program improvement plans: (1) Time frames for a program improvement plan must be consistent with the seriousness and complexity of the remedies required for any areas determined not in substantial conformity. (2) Particularly egregious areas of nonconformity impacting the safety of children in the State's responsibility must receive priority in both the content and time frames of the program improvement plans and must be satisfactorily addressed in less than two years. (3) The Secretary must approve any extensions of deadlines in the program improvement plans and any requests to extend the program improvement plan by a third year. The circumstances under which requests for extensions would be approved are expected to be very rare and will require compelling documentation. Requests for extensions must be received by ACF at least 60 days prior to the affected completion date. (4) Finally, in monitoring the implementation of program improvement plans, States must submit quarterly status reports to ACF, unless the State and ACF agree to less frequent reports. These reports will inform ACF of the State's progress in implementing the plan.

Source/Date

Preamble to the Final Rule (65 FR 4020) (1/25/00)

Legal and Related References

45 CFR 1355.35 (a) and (d)

11. Question:

Will you ensure that program improvement plans are consistent with any consent degrees by which States may be bound? (Deleted July 29, 2026)

Answer:

We are responsible for reviewing compliance with State plan requirements, and we must assure that the program improvement plan addresses applicable requirements. States are not required to include the provisions of consent decrees into program improvement plans because there is no assurance that the provisions of a State's consent decree do not conflict with Federal requirements. It is the States' responsibility to ensure that no such conflict exists. We are willing to work with States to minimize such conflict within our statutory and regulatory mandates.

Source/Date

Preamble to the Final Rule (65 FR 4020) (1/25/00)

Legal and Related References

45 CFR 1355.35 (a) and (d)

1. Question:

The child and family services review assesses compliance with only certain State plan requirements rather than all State plan requirements. How will you ensure compliance with those State plan requirements not addressed in the child and family services review? (Deleted July 29, 2026)

Answer:

We have selected those requirements for the child and family services review that are most directly related to the achievement of successful outcomes in the areas of safety, permanence and child and family well-being. However, the State remains responsible for complying with all State plan requirements for titles IV-B and IV-E, even if each requirement is not subject to review in the child and family services review. The regulations at 45 CFR Section 1355.32 (d) clarify that we will use a partial review to determine conformity with State plan requirements outside the scope of the child and family services reviews. Because defining the variety of State plan compliance issues in advance is not possible, we will approach each circumstance on a case-by-case basis. Consistent with section 1123A, the necessary elements of the program improvement plan and, if necessary, the amount of the withholding, will be commensurate with the extent of the State's non-conformity.

Source/Date

Preamble to the Final Rule (65 FR 4020) (1/25/00)

Legal and Related References

Social Security Act - section 1123A; 45 CFR 1355.32 (d)

2. Question:

How will the child and family service reviews work in county-administered systems? (Deleted July 29, 2026)

Answer:

We did not make separate provisions for State-administered and county-administered systems. The State title IV-B and IV-E plan requirements subject to review are applicable to all counties in the State, and the statewide data indicators used in the reviews reflect statewide practice. The statewide assessment is designed to be completed by the State, not by individual counties, and responses should reflect official State policies and the most typical State practice, while noting where outstanding exceptions exist. It is only the locations of the on-site review that focus on specific counties, but that is true regardless of whether the State is county-administered or State-administered. The locations are determined based on the regulation, which requires that the State's largest city be a site, and by the statewide assessment, which provides information relevant to deciding the location of the other two review sites. Ultimately, we have no authority to hold individual counties accountable for compliance or non-compliance with the requirements being reviewed. It is the State that is accountable, and responsible for assuring that counties administering their own programs operate in compliance with applicable requirements.

Source/Date

Questions and Answers on the Final Rule (65 FR 4020) (1/25/00)

Legal and Related References

45 CFR 1355.33

4. Question:

What are the requirements for ensuring confidentiality during the case review portion of the review? (Deleted July 29, 2026)

Answer:

All case-specific information disclosed during a child and family services review is confidential. Both titles IV-B and IV-E have restrictive disclosure provisions (found at section 471 (a)(8) of the Act and 45 CFR 205.50). One of the purposes for which a State is authorized to disclose such information, however, is for an audit or similar activity conducted by the Department in connection with the State plan. Further, Federal regulations at 45 CFR 205.50 require that recipients of information concerning children and families receiving assistance and/or services from the title IV-B/IV-E agency be held to the same standards of confidentiality as the agency. The confidentiality standards for case-specific information are addressed in the procedures manual for use in conducting the child and family services review. In addition, the confidentiality of case records routinely will be reinforced during reviewer training prior to each review. States have complete flexibility in establishing procedures to ensure that confidentiality requirements are met. States may choose to require the reviewers who are not State or Federal employees to sign confidentiality agreements prior to reviewing confidential information.

Source/Date

Preamble to the Final Rule (65 FR 4020) (1/25/00)

Legal and Related References

Social Security Act - section 471 (a)(8); 45 CFR 205.50 and 1355.33 (c)

5. Question:

For the on-site portion of the review, does including the State's largest metropolitan area impact the representativeness of the sample? (Deleted July 29, 2026)

Answer:

Urban areas often provide a disproportionate number of families who have contact with the child welfare system. In order to serve its stated purpose of improving outcomes for children and families, the review process must include this population of children and families. For example, the reviews could not accurately claim to represent statewide issues in Illinois without reviewing Chicago, in New York without reviewing New York City, or in California without reviewing Los Angeles. In selecting the locations for the on-site review, it is also important to represent the range of other environments in the State including rural and suburban areas with their unique family and resource issues. However, since the reviews will only permit on-site activities in a limited number of locations, we did not regulate geographic sites other than the largest metropolitan area. Beyond that, the statewide assessment guides the State and Regional ACF Offices in determining the most appropriate review sites given each State's unique characteristics, issues and population.

Source/Date

Preamble to the Final Rule (65 FR 4020) (1/25/00)

Legal and Related References

45 CFR 1355.33 (c)

5.2 MONITORING, Title IV-E Eligibility Reviews

4. Question:

How will the eligibility of children receiving title IV-E foster care maintenance payments where the State or tribe is operating under a IV-E waiver demonstration be reviewed? (Deleted July 29, 2026)

Answer:

We will not review the files of children whose title IV-E eligibility would be affected by a waiver demonstration project. We pull a large enough oversample of cases for the title IV-E eligibility reviews to exclude those children from the sample of cases reviewed.

Source/Date

Questions and Answers on the Final Rule (65 FR 4020) (1/25/00)

Legal and Related References

Social Security Act - section 1130 (A); 45 CFR 1356.71

1. Question:

Under what authority may the Department review closed or sealed foster care records, particularly for those children who have been adopted? (Deleted July 29, 2026)

Answer:

Section 471(a)(8) of the Social Security Act (the Act) requires a State Plan to provide safeguards restricting use and disclosure of information concerning individuals assisted by the foster care and adoption assistance programs. It also indicates that a State Plan must provide: Safeguards which restrict the use of information concerning individuals assisted under the State Plan to purposes directly connected with... (C) the administration of any other federal or federally assisted program which provides assistance, in cash or in kind, or services, directly to individuals on the basis of need, and (D) any audit or similar activity conducted in connection with the administration of any such plan or program by any governmental agency which is authorized by law to conduct such audit or activity; and the safeguards so provided shall prohibit disclosure, to any committee or legislative body (other than an agency referred to in (D), with respect to any activity referred to in such clause), of any information which identifies by name or address any such applicant or recipients except that nothing contained herein shall preclude a State from providing standards which restrict disclosures to purposes more limited than those specified herein, or which in the case of adoptions, prevent disclosure entirely. While the language of section 471(a) (8) (D) provides that States may restrict disclosure entirely of adoption assistance records, that subsection, read in its entirety and in harmony with other sections of the Act, indicates that Congress did not intend to restrict access to federal auditors of information essential for audits under the title IV-E foster care and adoption assistance programs. In particular, section 471(a) (8) (D) itself provides for disclosure of information concerning individuals assisted by the foster care and adoption assistance programs for purposes directly connected with audits conducted by the Federal Government and otherwise authorized by law. The authority for Federal audits of the foster care and adoption assistance programs is expressly provided for under section 471 (a)(6) of the Act. That section requires that a State Plan, in order to qualify for Federal financial participation (FFP) for foster care and adoption assistance, provide that the appropriate State agency will make such reports, in such form and containing such information as the Secretary may from time to time find necessary to assure the correctness and verification of such reports. The legislative history of section 471(a)(8) also reveals that while Congress was concerned about providing safeguards which limited access to information on individuals assisted by the title IV-E programs, it did not intend to hinder the essential function of Federal audits. Thus, while Congress extended to States the option of imposing restrictions broader than those imposed in the past on the disclosure of information for the protection of the confidentiality of recipients of adoption assistance, it did not impede essential auditing functions by those authorized to conduct such audits. Accordingly, in the case of reviews of the eligibility of foster care and adoption assistance claims, the State Agency must make available foster care and adoption records (including sealed foster care and adoption records) in order to document the eligibility of the beneficiaries (children) and related costs of administration. If the requested records cannot or are not made available, all payments made on behalf of the children whose records have not been made available for review and associated costs will be disallowed.

Source/Date

ACYF-CB-PA-85-02 (12/19/85)

Legal and Related References

Social Security Act - section 471 (a)(6) and (8); H.R. Rep. Conf. No. 96-900, 96th Congress 2nd Session 44 (1980)

6.6B Child welfare contributing agencies

6. Question:

If a child welfare contributing agency (CWCA) has an information system that duplicates a CCWIS automated function, may the title IV-E agency use a CCWIS cost allocation methodology approved by the Department to claim federal financial participation (FFP) for the CCWIS automated function duplicated by the CWCA system? (Deleted November 30, 2022)

Answer:

No. CCWIS cost allocation is only available for CCWIS automated functions that are not duplicated, pursuant to paragraphs 1355.57(a)(2)(ii) and (b)(2)(ii).

Source/Date

9/19/2019

Legal and Related References

45 CFR 1355.52(e)(1)(ii); 45 CFR 1355.57(a)(2)(ii) and (b)(2)(ii); 81 FR 35450 at 35461 - 35463 and 35474 - 35475 (issued June 2, 2016); 80 FR 48200 at 48211 - 48212 and 48221 (issued August 11, 2016)

7. Question:

If a child welfare contributing agency's (CWCA) information system that receives no federal, state, or tribal funds, duplicates a CCWIS automated function, may the title IV-E agency use a CCWIS cost allocation methodology approved by the Department to claim federal financial participation (FFP) for the CCWIS automated function? (Deleted November 30, 2022)

Answer:

No. CCWIS cost allocation is only available for automated functions that are not duplicated, pursuant to paragraphs 1355.57(a)(2)(ii) and (b)(2)(ii). It is irrelevant how the CWCA's information system is funded.

This question and answer is repeated in the Cost Allocation section.

Source/Date

9/19/2019

Legal and Related References

45 CFR 1355.57(a)(2)(ii) and (b)(2)(ii); 81 FR 35450 at 35473 - 35475 (issued June 2, 2016); 80 FR 48200 at 48220 - 48221 (issued August 11, 2015)

6.10A Initial submission

10. Question:

How does a title IV-E agency determine if a CCWIS automated function is "duplicated within the CCWIS or systems supporting child welfare contributing agencies" pursuant to paragraphs 1355.52(i)(1)(iii)(B), 1355.57(a)(2)(ii), and 1355.57(b)(2)(ii)? (Deleted February 03, 2022)

Answer:

A title IV-E agency determines that a CCWIS automated function is duplicated within the CCWIS if more than one automated function within the CCWIS supports the same child welfare business practice. For example, it is duplication if a CCWIS has an automated function to record contacts with children during home visits and another to record similar information from family members during home visits.

A title IV-E agency determines that a CCWIS automated function is duplicated within systems supporting child welfare contributing agencies (CWCAs) if at least one automated function in any CWCA system supports the same child welfare business practice as the CCWIS automated function. For example, it is duplication if a CCWIS and a CWCA system each had an automated function for matching children to placements.

This question and answer is repeated in the Cost Allocation for Transitioning Systems and Cost Allocation for New CCWIS sections.

Source/Date

9/19/2019

Legal and Related References

45 CFR 1355.52(a)(3); 45 CFR 1355.52(i)(1)(iii)(B); 45 CFR 1355.57(a)(2)(ii) and (b)(2)(ii); 81 FR 35450 at 35468 and 35474 - 35475 (issued June 2, 2016); 80 FR 48200 at 48203 - 48204, 48206, 48217 and 48221 (issued August 11, 2015)

1. Question:

If the agency elects not to transition a S/TACWIS project to a CCWIS, is the title IV-E agency required to submit the documents listed in paragraph 1355.52(i)(1) to ACF when submitting an Advance Planning Document (APD) or Notice of Intent during the transition period? (Deleted July 29, 2026)

Answer:

No. A record from the title IV-E agency signed by the governor, tribal leader, or designated state or tribal official notifying ACF that the title IV-E agency elects not to transition a S/TACWIS project to a CCWIS project is sufficient. However, the IV-E agency must continue to submit applicable APDs for the non-CCWIS project.

Source/Date

10/27/2016

Legal and Related References

45 CFR 95 Subpart F; 45 CFR 1355.51; 45 CFR 1355.52(i)(1); 45 CFR 1355.56(d)(1) 81 FR 35450 at 35467 - 35468 and 35473 (issued June 2, 2016); 80 FR 48200 at 48205, 48216 - 48217, and 48220 (issued August 11, 2015)

4. Question:

Does paragraph 1355.52(i)(1)(iii)(B) require a title IV-E agency that elects to allow Child Welfare Contributing Agencies to use their systems to note if a CCWIS automated function is duplicated in a system used by a contract service provider? (Deleted July 29, 2026)

Answer:

Yes, if the contract service provider meets the definition of a child welfare contributing agency, any automated functions in the provider's system that duplicate automated functions in CCWIS must be included in the automated function list described in paragraph 1355.52(i)(1)(ii). Per section 1355.51, a child welfare contributing agency is a public or private entity that, by contract or agreement with the title IV-E agency, provides child abuse and neglect investigations, placement, or child welfare case management (or any combination of these) to children and families.

Source/Date

10/27/2016

Legal and Related References

45 CFR 1355.51; 45 CFR 1355.52(i)(1); 81 FR 35450 at 35453 and 35468 (issued June 2, 2016); 80 FR 48220 at 48205 and 48216 - 48217 (issued August 11, 2015)

5. Question:

When notifying ACF that a title IV-E agency intends to transition an existing S/TACWIS or non-S/TACWIS to CCWIS, does paragraph 1355.52(i)(1)(ii) require the agency to list existing automated functions of the transitioning system that will be used in the CCWIS? (Deleted July 29, 2026)

Answer:

Yes. The list includes existing automated functions of the transitioning system that will be used in the CCWIS as well as newly developed automated functions that will be part of the CCWIS. Providing this list in addition to the more detailed information required in paragraph 1355.52(i)(1)(iii) at the start of a CCWIS project will help both ACF and the title IV-E agency to more reliably estimate project costs.

Source/Date

10/27/2016

Legal and Related References

45 CFR 1355.52(i)(1); 80 FR 48220 at 4648216 - 48217 (issued August 11, 2015)

6.15 Transition Period

2. Question:

What are the consequences if a title IV-E agency with a S/TACWIS fails to notify ACF by July 31, 2018 that the agency will not transition to CCWIS? (Deleted July 29, 2026)

Answer:

The title IV-E agency may be subject to recoupment of all title IV-E funds for the project per 45 1355.56(e)

Source/Date

(9/14/16)

Legal and Related References

45 CFR 1355.56(e); 45 CFR 1358; 45 CFR 95.635(b); 81 FR 35450 at 35473 (June 2, 2016); 80 FR 48200 at 48220 and 48222 (August 11, 2015)

6. Question:

Are there financial consequences for using a former S/TACWIS as a non-CCWIS beyond the 24 month transition period ending on July 31, 2018? (Deleted July 29, 2026)

Answer:

It depends. There are no consequences in the CCWIS regulations for using a former S/TACWIS as a non-CCWIS provided the title IV-E agency: notifies ACF by July 31, 2018 in an APD or Notice of Intent, that it will not transition the S/TACWIS project to CCWIS; and - continues to use the S/TACWIS through its life expectancy in accordance with 45 CFR 95.619. The title IV-E agency must also continue to meet the APD requirements at 45 CFR 95, Subpart F per 1355.30(k). However, if the title IV-E agency does not meet these requirements, the agency may be subject to funding recoupment.

Source/Date

(9/14/16)

Legal and Related References

45 CFR 95, Subpart F; 45 CFR 1355.30(k); 45 CFR 1355.56(d) and (e); 45 CFR 1358; 81 FR 35450 at 35473 (June 2, 2016); 80 FR 48200 at 48220 and 48222 (August 11, 2015)

12. Question:

Must CCWIS projects be operational by the end of the transition period on July 31, 2018? (Deleted July 29, 2026)

Answer:

No. CCWIS projects are not required to be operational by the end of the transition period on July 31, 2018. July 31, 2018 is the deadline by which a title IV-E agency with a S/TACWIS or non-S/TACWIS must notify ACF of the decision to either transition or not transition the system to a CCWIS.

Source/Date

(9/15/16)

Legal and Related References

45 CFR 1355.56(b), (d), and (f)(1); 80 FR 48200 at 48204 and 48219 - 48220; 81 FR 35472 - 35473

18. Question:

What federal financial participation (FFP) rate are S/TACWIS projects eligible for during the August 1, 2016 - July 31, 2018 transition period? (Deleted July 29, 2026)

Answer:

S/TACWIS projects are eligible for 50% FFP for the share of project costs allocable to title IV-E during the August 1, 2016 - July 31, 2018 transition period. This question and answer is repeated in the Cost Allocation for Transitioning Systems section.

Source/Date

11/9/2016

Legal and Related References

Section 474(a)(3)(C) and (D) of the Social Security Act; 45 CFR 1355.56(a); 80 FR 48200 at 48291 (issued August, 11, 2015); 81 FR 35450 at 35472 (issued June 2, 2016)

19. Question:

What cost allocation methodologies are S/TACWIS projects eligible for during the August 1, 2016 - July 31, 2018 transition period for development and operational costs? (Deleted July 29, 2026)

Answer:

During the August 1, 2016 - July 31, 2018 transition period, title IV-E agencies with a S/TACWIS project may claim title IV-E funding according to the cost allocation methodology approved by ACF for development or the operational cost allocation plan approved by the Department, or both, per paragraph 1355.56(a). Activities and costs must be eligible for title IV-E funding and be described in an applicable APD, per 46 CFR 95.610. This question and answer is repeated in the Cost Allocation for Transitioning Systems section.

Source/Date

11/9/2016

Legal and Related References

Section 474(c) of the Social Security Act; 45 CFR 1355.56(a); 45 CFR 95.610; 81 FR 35472 (issued June 2, 2016); 80 FR 48219 (issued August 11, 2015)

6.16 Cost allocation

8. Question:

Answer:

No. CCWIS cost allocation is only available for CCWIS automated functions that are not duplicated, pursuant to paragraphs 1355.57(a)(2)(ii) and (b)(2)(ii).

Source/Date

9/19/2019

Legal and Related References

9. Question:

Answer:

This question and answer is repeated in the Child Welfare Contributing Agencies section.

Source/Date

9/19/2019

Legal and Related References

45 CFR 1355.57(a)(2)(ii) and (b)(2)(ii); 81 FR 35450 at 35473 - 35475 (issued June 2, 2016); 80 FR 48200 at 48220 - 48221 (issued August 11, 2015)

14. Question:

May a title IV-E agency receive federal financial participation (FFP) according to the approved CCWIS cost allocation plan for a system other than a CCWIS (such as a data warehouse that contains CCWIS data)? (Deleted March 23, 2021)

Answer:

No. Only automated functions of a CCWIS may qualify for CCWIS cost allocation, pursuant to paragraphs 1355.57(a) and (b). However, another system supporting the child welfare program (such as a data warehouse containing CCWIS data) may qualify for non-CCWIS cost allocation pursuant to paragraph 1355.57(f).

Source/Date

4/3/2020

Legal and Related References

45 CFR 1355.57(a), (b), (c), and (f); 81 FR 35450 at 35473 - 35475 (issued June 2, 2016); 80 FR 48200 at 48220 - 48222 (issued August 11, 2015)

6.16A Cost allocation for transitioning systems

7. Question:

Answer:

This question and answer is repeated in the Initial Submission and Cost Allocation for New CCWIS sections.

Source/Date

9/19/2019

Legal and Related References

1. Question:

What federal financial participation (FFP) rate are S/TACWIS projects eligible for during the August 1, 2016 - July 31, 2018 transition period? (Deleted July 29, 2026)

Answer:

Source/Date

11/10/2016

Legal and Related References

Section 474(a)(3)(C) and (D) of the Social Security Act; 45 CFR 1355.56(a); 80 FR 48200 at 48291 (issued August, 11, 2015); 81 FR 35450 at 35472 (issued June 2, 2016)

2. Question:

What cost allocation methodologies are S/TACWIS projects eligible for during the August 1, 2016 - July 31, 2018 transition period for development and operational costs? (Deleted July 29, 2026)

Answer:

Source/Date

11/10/2016

Legal and Related References

Section 474(c) of the Social Security Act; 45 CFR 1355.56(a); 45 CFR 95.610; 81 FR 35472 (issued June 2, 2016); 80 FR 48219 (issued August 11, 2015)

3. Question:

May a title IV-E agency use their existing S/TACWIS cost allocation methodology for continued S/TACWIS work after the 24-month transition period? (Deleted July 29, 2026)

Answer:

No. The existing S/TACWIS cost allocation methodology is only available for S/TACWIS projects and related project costs during the 24-month transition period from August 1, 2016 - July 31, 2018, per paragraph 1355.56(a). After the transition period ends on July 31, 2018, S/TACWIS projects that have transitioned to CCWIS may receive CCWIS cost allocation per 1355.57(a). S/TACWIS projects that have been classified as non-CCWIS may receive non-CCWIS cost allocation per 1355.57(f). This question and answer is repeated in the Transition Period section.

Source/Date

11/10/2016

Legal and Related References

45 CFR 1355.56(a); 45 CFR 1357(a), (c), (e), and (f); 81 FR 35472, 35474 - 35475 (issued June 2, 2016); 80 FR 48219, 48221 - 48222 (issued August 11, 2015)

6.16B Cost allocation for new CCWIS

3. Question:

Answer:

This question and answer is repeated in the Initial Submission and Cost Allocation for Transitioning Systems sections.

Source/Date

9/19/2019

Legal and Related References

6.17 Failure to comply

1. Question:

What corrective measures will ACF require a title IV-E agency to implement to end a suspension and reinstate funding per paragraph 1355.58(c)? (Deleted September 22, 2017)

Answer:

ACF determines the appropriate corrective measures for a title IV-E agency on a case-by-case basis depending on the reasons for the suspension and other relevant factors. In some cases, ACF may require a title IV-E agency to implement a corrective action plan per paragraph 1355.58(c)(2).

Source/Date

6/12/2017

Legal and Related References

45 CFR 1355.58; 81 FR 35450 at 35475-35476 (issued June 2, 2016); 80 FR 48200 at 48222 (issued August 11, 2015)

7.3 TITLE IV-B, Programmatic Requirements

6. Question:

Are youth 18 and older who are in foster care included in the monthly caseworker visits requirements in sections 424(e)(2)(A) and 436(b)(4) of the Social Security Act? (Deleted December 23, 2011)

Answer:

It depends on the State's age of majority. The title IV-B monthly caseworker visit requirements apply to "children" in "foster care" consistent with the definitions in 45 CFR 1357.10(c) and 45 CFR 1355.20, respectively. As such, the monthly caseworker visits apply to youth 18 and older only if they are in foster care under the placement and care responsibility of the State and have not reached the age of majority as provided under State law.

Source/Date

4/27/2007

Legal and Related References

Social Security Act § sections 424(e)(2)(A), 45 CFR 1357.10(c), 45 CFR 1355.20

7.4 TITLE IV-B, Use of Funds

3. Question:

There appears to be no agreement between insurers on the meaning of "liability insurance". Is the interpretation to include coverage of damages to the home or property of the foster parents as well as coverage for harm done by the child to another party, or accidental harm done by the foster parents to the child? (Deleted July 29, 2026)

Answer:

The terminology may be misleading, because foster parents are interested in more than "liability insurance". The correct interpretation includes coverage of damages to the home or property of the foster parents, as well as liability for harm done by the child to another party. In addition, protection against suit for possible malpractice or situations such as alienation of affection are often realistic concerns of persons who care for the children of others. Several States have responded to these concerns by providing coverage for foster parents under a "pooled" liability program which provides in effect a self-insurance for departments of State government. Other States have legislated or otherwise defined foster parents as employees or as persons acting on behalf of the State, thus providing protection to those persons for claims made against them as agents of the State. Some States have purchased insurance coverage for foster parents, although the policies available often do not cover all of the risks incurred.

Source/Date

ACYF-CB-PIQ-82-04 (1/29/82)

Legal and Related References

Social Security Act - section 424(a)

8.1B TITLE IV-E, Administrative Functions/Costs, Allowable Costs - Foster Care Maintenance Payments Program

11. Question:

May the title IV-E agency claim Federal financial participation (FFP) for the administrative costs of an otherwise title IV-E eligible child who is placed in an unlicensed or unapproved foster family home? (Deleted August 08, 2024)

Answer:

Under certain circumstances, yes. The title IV-E agency may claim administrative costs on behalf of an otherwise eligible child placed in an unlicensed or unapproved relative home for 12 months or the average length of time it takes the title IV-E agency to license or approve a foster family home, whichever is less. During this time, an application for licensure or approval of the relative home as a foster family home must be pending (section 472(i)(1)(A) of the Social Security Act). The title IV-E agency is prohibited from claiming administrative costs for a child placed in an unlicensed or unapproved foster family home that is not related to the child. For the purposes of this provision, a relative is defined by section 406(a) of the Social Security Act as in effect on July 16, 1996, and implemented in 45 CFR 233.90(v).

Source/Date

ACYF-CB-PA-01-02 (7/3/01), ACYF-CB-PI-01-09 (November 7, 2001), updated 8/7/2006; (12/17/2019)

Legal and Related References

Social Security Act - sections 472(i)(1)(A) and 479B; 45 CFR 233.90(v)(c)(1)

24. Question:

May the State claim a title IV-E foster care maintenance payment for an allowable provider that covers the entire month if a child is temporarily absent for a portion of the month? For example, the child has run away, goes on a weekend home visit, or is hospitalized for medical treatment during some part of the month. (Moved to 8.3B) (Deleted April 28, 2009)

Answer:

Yes. The State may provide a full month's title IV-E foster care maintenance payment to the licensed provider if the brief absence does not exceed 14 days and the child's placement continues with the same provider. Otherwise, the State must prorate its claims if the child is absent from the placement for more than a reasonable brief period.

Source/Date

1/29/2007

Legal and Related References

Social Security Act § section 472

18. Question:

May a State claim title IV-E administrative funds for the legal services of a child in foster care or his/her parents, such as the parent or child's legal representation in court hearings? (Deleted January 07, 2019)

Answer:

No. The regulations at 45 CFR 1356.60(c) specify that Federal financial participation is available at the rate of 50% for administrative expenditures necessary for the proper and efficient administration of the title IV-E State plan. The administrative function specified at 45 CFR 1356.60(c)(2)(ii), preparation for and participation in judicial determinations, concerns the State agency's representation but not the provision of legal services to a child or parent. Only the State agency's participation in judicial determinations is an allowable cost.

Source/Date

6/9/2004

Legal and Related References

Section 474 of the Social Security Act, 45 CFR 1356.60(c)(2)(ii).

30. Question:

May a title IV-E agency claim title IV-E administrative costs for attorneys to provide legal representation for the title IV-E agency, a candidate for title IV-E foster care or a title IV-E eligible child in foster care and the child's parents to prepare for and participate in all stages of foster care related legal proceedings? (Deleted March 03, 2026)

Answer:

Yes. The statute at section 474(a)(3) of the Act and regulations at 45 CFR 1356.60(c) specify that Federal financial participation (FFP) is available at the rate of 50% for administrative expenditures necessary for the proper and efficient administration of the title IV-E plan. The title IV-E agency's representation in judicial determinations continues to be an allowable administrative cost. Previous policy prohibited the agency from claiming title IV-E administrative costs for legal services provided by an attorney representing a child or parent. This policy is revised to allow the title IV-E agency to claim title IV-E administrative costs of independent legal representation by an attorney for a child who is a candidate for title IV-E foster care or in foster care and his/her parent to prepare for and participate in all stages of foster care legal proceedings, such as court hearings related to a child's removal from the home. These administrative costs of legal representation must be paid through the title IV-E agency. This change in policy will ensure that, among other things: reasonable efforts are made to prevent removal and finalize the permanency plan; and parents and youth are engaged in and complying with case plans.

Source/Date

1/7/2019

Legal and Related References

45 CFR 1356.60(c), section 474(a)(3)

31. Question:

Are title IV-E administrative costs for the legal representation provided by agency attorneys and for independent legal representation of children and parents in all stages of foster care related legal proceedings available to tribes and public agencies that have an agreement under section 472(a)(2)(B)(ii) of the Act? (Deleted March 03, 2026)

Answer:

Yes. A title IV-E agency that has an agreement with a tribe or any other public agency under section 472(a)(2)(B)(ii) of the Act may claim title IV-E administrative costs for legal representation provided by tribal or public agency attorneys under the agreement in all stages of foster care related legal proceedings. The title IV-E agency may also claim administrative costs for independent legal representation provided by an attorney for a candidate for title IV-E foster care or a title IV-E eligible child in foster care who is served under the agreement, and the child's parents, to prepare for and participate in all stages of foster care related legal proceedings.

Source/Date

7/26/2019

Legal and Related References

45 CFR 1356.60(c), section 474(a)(3); CWPM Q/A 8.1B #30

34. Question:

What is the definition of "relative ? for the title IV-E program? (Deleted July 29, 2026)

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

28. Question:

May a title IV-E agency claim the costs of a worker, a foster parent, or a volunteer transporting a child or his or her family to various appointments, such as medical or counseling, or to court hearings and case reviews as a title IV-E administrative cost? (Deleted July 29, 2026)

Answer:

Yes, these transportation costs, regardless of who provides them, could reasonably be considered related to case management activities and necessary for the proper and efficient administration of the title IV-E plan and therefore an allowable administrative cost under 45 CFR 1356.60(c). Any such costs must be allocated through an approved cost allocation plan or methodology and the claims must be on behalf of a title IV-E eligible child or candidate for title IV-E foster care.

Source/Date

01/09/09; (12/17/2019)

Legal and Related References

Social Security Act - sections 474 and 479B; 45 CFR 1356.60(c)

27. Question:

When a child in foster care lives in a foster family home or child care institution outside the child's school of origin may the cost of transporting the child to and from the school of origin be an allowable title IV-E administrative cost? (Deleted July 29, 2026)

Answer:

Yes. As specified in the Child Welfare Policy Manual Section 8.1, Q&A #3, to be an allowable title IV-E administrative cost under title IV-E, a cost must be one of the examples listed in 45 CFR 1356.60(c)(2) or closely related to one of those examples. The costs described in the question are closely related to case management, which is listed as an example of an allowable administrative cost in 45 CFR 1356.60(c)(2). Any such costs must be allocated through an approved cost allocation plan or methodology.

Source/Date

12/31/07; (12/17/2019)

Legal and Related References

Social Security Act - sections 474 and 479B; 45 CFR 1356.60(c)(2); Child Welfare Policy Manual section 8.1, Q&A #3

25. Question:

May a title IV-E agency claim administrative costs during the unlicensed period that a child is placed in a foster family home whose license has expired, but is in the process of renewal? (Deleted July 29, 2026)

Answer:

Under certain circumstances, it is possible that the title IV-E agency 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 title IV-E agency 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 title IV-E agency'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 title IV-E agency may claim Federal Financial Participation (FFP) during that period. If, however, the title IV-E agency does not consider the expired license to remain in effect, the title IV-E agency 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

04/26/07; (12/17/2019)

Legal and Related References

Social Security Act - sections 471(a)(10) and 479B; Child Welfare Policy Manual section 8.3A.8c, question 11

17. Question:

Can a case assessment be considered an allowable administrative cost? (Deleted July 29, 2026)

Answer:

Yes, a case assessment is an allowable administrative cost in the context of case planning. Section 471(a)(16) of the Social Security Act (the Act) requires the title IV-E agency to develop a case plan as defined at section 475(1) of the Act. The development of and ongoing updates to the case plan are allowable costs pursuant to 45 CFR 1356.60(c)(2)(iv). A critical component of case planning is the worker's assessment of the child and family. A case assessment might consider information regarding psychological, developmental, behavioral and educational factors; explore underlying or disguised issues such as family violence or substance abuse; examine the child and the family's needs, strengths, resources and existing support systems; and explore whether it is safe for the child to remain in or return to the home. Furthermore, it could include information on the child's past history, current adjustment, direct observations, and family history. Specialized assessments such as psychiatric, medical or educational assessments are medical or educational services, respectively, and are not, therefore, allowable under title IV-E (45 CFR 1356.60(c) and Child Welfare Policy Manual Section 8.1B). Time spent analyzing specialized assessments to inform the case plan, however, is allowable.

Source/Date

6/23/03; (12/17/2019)

Legal and Related References

Social Security Act - sections 471(a)(16), 475(1) and (5), and 479B; 45 CFR 1356.60(c); Child Welfare Policy Manual Section 8.1B

16. Question:

Are administrative costs allowable when a child has run away from a foster care placement? (Deleted July 29, 2026)

Answer:

Yes, administrative costs are allowable when a child has run away from a foster care placement. The manual states, in section 8.3c.2, Question 3, that if a title IV-E agency retains placement and care responsibility for a child who has run away from a foster care placement, the title IV-E agency must continue to perform title IV-E activities on behalf of such a child, including holding six-month periodic reviews and permanency hearings.

Source/Date

6/23/03; (12/17/2019)

Legal and Related References

Social Security Act - sections 474 and 479B; 45 CFR 1356.60; Child Welfare Policy Manual Section 8.3c.2

13. Question:

May we claim title IV-E administrative costs for eligible children who receive Supplemental Security Income (SSI)? (Deleted July 29, 2026)

Answer:

Yes. An August 17, 1993 memorandum from the Acting Commissioner of the Administration on Children, Youth, and Families to the Administration for Children and Families Regional Administrators allowed a title IV-E agency to include children who are eligible for title IV-E but who are receiving SSI in lieu of title IV-E foster care maintenance payments when determining its administrative cost ratio. This practice was conceptualized by considering these children candidates for foster care. While the policy itself is sound, a child who is in foster care is not a candidate because s/he has already been removed from home. If a child is fully eligible for title IV-E a title IV-E agency's choice to fund that child's board and care through SSI rather than title IV-E does not negate that child's eligibility for title IV-E. The title IV-E agency may, therefore, claim Federal financial participation under title IV-E for title IV-E administrative functions performed on behalf of that child.

Source/Date

ACYF-CB-PA-01-02 (7/3/01); (12/17/2019)

Legal and Related References

Social Security Act - sections 471, 474, and 479B

9. Question:

45 CFR 1355.33 (b) requires the use of "external partners" on the child and family services review team. Can these individuals be paid or compensated? (Deleted July 29, 2026)

Answer:

In the regulation, we identified agencies/entities external to the State that participated in the development of the State's Child and Family Services plan as appropriate partners to include on the review team. The State may cover per diem and travel expenses for its external partners' participation to the extent that it so chooses. Moreover, the State may, pursuant to an approved cost allocation plan, allocate the cost of conducting a child and family services review, which may include compensation for the State's external partners, to title IV-E.

Source/Date

Questions and Answers on the Final Rule (65 FR 4020) (1/25/00)

Legal and Related References

45 CFR 1355.33

7. Question:

If foster parent insurance is an administrative cost when purchased by the title IV-E agency, then the title IV-E agency receives a 50% match rather than FMAP. Doesn't this provide a disincentive for the title IV-E agency to take responsibility for insurance of foster parents and encourage the title IV-E agency to have the foster parents obtain their own insurance? (Deleted July 29, 2026)

Answer:

Although, under title IV-E, Federal match may be lower for administrative costs than for maintenance costs, there is advantage to the title IV-E agency in assuming the overall responsibility for the protection for foster parents caring for children under the title IV-E agency's custody as a recruitment incentive. If the title IV-E agency chooses to use its self-insuring procedures, it may be able to provide a broad scope of coverage at relatively low cost. Foster parents are valuable resources to the agency, and the provision of protection against possible risks they face in providing care is a strong inducement to participate in the program.

Source/Date

ACYF-CB-PIQ-82-04 (1/29/82); (12/17/2019)

Legal and Related References

Social Security Act - sections 424(a) and (c), 475(4), 479B

8.1C TITLE IV-E, Administrative Functions/Costs, Calculating Claims

4. Question:

Licenses for foster family homes and child-care institutions often go into effect or may lapse on a day other than the first or last day of the month. How should the title IV-E agency claim Federal financial participation (FFP) for a title IV-E eligible child who is placed in a foster family home or child-care institution that is licensed for a portion of a month? (Deleted July 29, 2026)

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 or institution for the entire month. 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.

Source/Date

Questions and Answers on the Final Rule (65 FR 4020) (1/25/00); (12/17/2019)

Legal and Related References

Social Security Act - sections 471(a)(10) and 479B

2. Question:

What is the connection between the date the child is considered to have entered foster care and when the title IV-E agency may claim Federal financial participation (FFP) for foster care maintenance payments? (Deleted July 29, 2026)

Answer:

Establishing initial eligibility for title IV-E funding and initial claiming for FFP have no relationship to the date the child is considered to have entered foster care defined at section 475(5)(F) of the Social Security Act. The purpose of that provision is to set the "clock" for determining when to satisfy the requirements for holding periodic reviews, permanency hearings, and the termination of parent rights (TPR) provision. A child's initial eligibility for title IV-E funding is not related to this time frame. The date a child is considered to have entered foster care is, however, related to maintaining a child's eligibility for title IV-E funding. Under 45 CFR 1356.21(b)(2), we require the title IV-E agency to use the date the child is considered to have entered foster care in determining when to obtain a judicial determination that it made reasonable efforts to finalize a permanency plan. We intentionally linked the timing for obtaining this judicial determination to the date the child is considered to have entered foster care so that such determinations could occur at the permanency hearing, the logical time for making such determinations.

Source/Date

Preamble to the Final Rule (65 FR 4020) (1/25/00); (12/17/2019)

Legal and Related References

Social Security Act - sections 475(5)(F) and 479B; 45 CFR 1355.20 and 1356.21(b)(2)

8.1E TITLE IV-E, Administrative Functions/Costs, Contracting

3. Question:

May title IV-E agencies contract with another organization, such as a community college to conduct training on behalf of the title IV-E agency? This training would be considered title IV-E agency training, not educational institution training? (Deleted July 29, 2026)

Answer:

Yes. Section 474(a)(3)(A) of the Social Security Act provides for Federal financial participation (FFP) in the costs of training personnel employed by or preparing for employment with the title IV-E agency. Section 474(a)(3)(B) covers other administrative expenditures, including the training of foster parents. It is within the discretion and flexibility of the title IV-E agency to determine the most efficacious and cost effective means of meeting the short and long term training needs of the title IV-E agencies.

Source/Date

ACYF-CB-PIQ-82-17 (10/14/82); (12/17/2019)

Legal and Related References

Social Security Act - sections 474(a) and 479B

8.1F TITLE IV-E, Administrative Functions/Costs, Match Requirements

1. Question:

Can third-party in-kind services and donated funds be used as the State's share for matching purposes under title IV-E? (Deleted August 26, 2002)

Answer:

No. Longstanding Federal policy has been to consistently exclude third party in-kind contributions from qualifying as the State share under Federal matching requirements for the title IV-E Foster Care and Adoption Assistance Program.

Similarly, we exclude donated funds for matching purposes to the extent that these funds are donated on a restricted basis as to the type of activity for which the funds may be used or if they revert to the organization providing the service.

Source/Date

ACYF-CB-PIQ-84-06 (10/22/84)

Legal and Related References

Social Security Act - section 474; 45 CFR Part 1356.60

8.1G TITLE IV-E, Administrative Functions/Costs, Title IV-E Agreements

2. Question:

Which agency (State or Tribal) has responsibility for providing foster care payments and child welfare services to Indian children? (Deleted July 29, 2026)

Answer:

This is addressed in 9.4; question 1.

Source/Date

ACYF-CB-PIQ-88-02 (1/27/88); (12/17/2019)

Legal and Related References

Social Security Act - sections 421, 422, 428 and 472; 25 CFR 20.3

8.1H TITLE IV-E, Administrative Functions/Costs, Training

17. Question:

For what short-term training content may a title IV-E agency claim Federal financial participation (FFP) to train the categories of individuals specified in section 474(a)(3)(B) of the Social Security Act (the Act)? (Deleted July 29, 2026)

Answer:

Section 474(a)(3)(B) of the Act authorizes short-term training for certain categories of individuals to increase their ability to provide support and assistance to foster and adopted children and children living with relative guardians, if the title IV-E agency has opted to provide a guardianship assistance program per section 471(a)(28) of the Act. In general, the short-term training must be necessary for the proper and efficient administration of the title IV-E plan and closely related to one of the examples cited in 45 CFR 1356.60(c)(1) and (2) as allowable administrative activities under the title IV-E program. Some examples of allowable training topics are listed in the Child Welfare Policy Manual section 8.1H Q/A#8.

Source/Date

8/12/2009

Legal and Related References

Social Security Act § section 474(a)(3)(B), 45 CFR 1356.60(c)(1) and (2), Child Welfare Policy Manual section 8.1H Q/A#8

18. Question:

May title IV-E agencies claim Federal financial participation (FFP) for the short-term training of judges under section 474(a)(3)(B) of the Act (the Act)? (Deleted July 29, 2026)

Answer:

Yes, the law permits the title IV-E agency to claim FFP for short-term training of judges and other members of the staff of abuse and neglect courts involved in making judicial determinations and other decisions regarding families in the child welfare system. The training must meet the criteria established in section 474(a)(3)(B) of the Act. See Q/A#8 for examples of allowable training topics.

Source/Date

8/12/2009

Legal and Related References

Social Security Act § section 474(a)(3)(B)

7. Question:

The Departmental Appeals Board (DAB) found in Decision No. 1737 that States may claim FFP for allowable administrative costs paid with private funds that are donated to support specific activities. Does this finding mean that funds donated from a private source can be used to match Federal financial participation (FFP) at the 75% rate for title IV-E training? (Deleted July 29, 2026)

Answer:

No. DAB Decision No. 1737 did not address matching funds for training under section 474(a)(3)(A) and (B) of the Social Security Act (the Act). Therefore, ACF regulations and policy which permit only public funds to be used as match for title IV-E training at the 75% rate are applicable. As specified in the Child Welfare Policy Manual at Section 8.1F question 3, only public funds may be used to match title IV-E training expenditures. The regulations at 45 CFR 1356.60(b)(3) on Federal matching funds for State and local training for foster care and adoption assistance under title IV-E cross reference to 45 CFR 235.63 through 235.66(a) which, among other things, permit public funds to be used as match. The regulation does not cross reference to 45 CFR 235.66(b) which permit funds donated from private sources to be used as match.

Source/Date

8/7/2006

Legal and Related References

45 CFR 1356.60(b)(3); 45 CFR 235.66(a); DAB Decision No. 1737

5. Question:

Is title IV-E training limited to training related to foster care maintenance or can it be related to the entire provision of foster care including meeting the child's service needs? Since most training programs for foster parents discuss the "total" child, the hope would be the training costs would not need to be separated between title IV-E and title IV-B. (Deleted July 29, 2026)

Answer:

Within the restrictions articulated in section 474 (a)(3) of the Social Security Act, training may cover the full range of activities necessary to meet the States maintenance and service requirement of title IV-E.

Source/Date

ACYF-CB-PIQ-82-17 (10/14/82)

Legal and Related References

Social Security Act - section 474 (a); 45 CFR Parts 1356 and 235

8.2A TITLE IV-E, Adoption Assistance Program, Agreements

1. Question:

Is it permissible for a State to include a statement in the title IV-E adoption assistance agreement to the effect that "The Department's obligation to provide for Federally funded adoption assistance payments and/or services is subject to the appropriation of State funds"? (Deleted July 29, 2026)

Answer:

No. Although we understand that the State may experience difficulties in its ability to pay subsidies due to the State budget, such difficulties do not relieve or alter the State's obligation under title IV-E to act in accordance with executed adoption assistance agreements. Accordingly, any statement that undermines the State's obligation to honor the terms of the title IV-E adoption assistance agreement is not consistent with Federal requirements in sections 473(a)(1)(B)(ii) and 473(a)(3) of the Social Security Act. Once an agreement is signed, the State must obtain the concurrence of the adoptive parent if it wishes to make any changes in the payment amount with one exception. That exception is when there is an across-the-board reduction or increase in the foster care maintenance payment rate. In that circumstance, the State may adjust the adoption assistance payment without the adoptive parent's concurrence.

Source/Date

8/5/2008

Legal and Related References

Social Security Act - sections 473(a)(1)(B)(ii) and 473(a)(3); CWPM 8.2D4, Q/A #2)

2. Question:

Under what circumstances may a title IV-E agency suspend adoption assistance payments? (Deleted July 29, 2026)

Answer:

Pursuant to long-standing policy, title IV-E agencies were prohibited from suspending adoption assistance payments because a suspension was the equivalent of terminating adoption assistance payments. See ACYF-CB-PIQ-98-02, as incorporated into §8.2 of the Child Welfare Policy Manual (CWPM). Title IV-E agencies advised us that our adoption assistance suspension policy did not allow them the latitude to act when the agency was unsure or doubted that the parent was continuing to provide support to the child/youth. Consequently, we issued a Request for Comment in the Federal Register, 80 FR 17058 (March 31, 2015) asking agencies and other stakeholders to comment on our adoption assistance suspension policy. Informed by the comments we received, we have revised our adoption assistance suspension policy to allow title IV-E agencies to suspend adoption assistance payments in accordance with the guidance provided below. A title IV-E agency may suspend adoption assistance payments if the agency cannot establish that the adoptive parent is providing any support to the child/youth (including individuals up to age 21 as per an approved title IV-E plan) because the agency has not been able to establish contact with the parent to make such a determination. "Any support" includes various forms of financial support, as determined by the title IV-E agency. Payments for family therapy, tuition, clothing, maintenance of special equipment in the home, or services for the child's special needs are acceptable forms of financial support. See §473(a)(4)(A)(iii) of the Social Security Act (the Act); CWPM, §8.2D.5, Question and Answer #2. Similarly, a title IV-E agency may suspend adoption assistance payments if the agency cannot establish that the adoptive parent is legally responsible for the support of the child under age 18 because the agency has not been able to establish contact with the parent to make a determination. A parent is considered no longer legally responsible for the support of a child when parental rights have been terminated or when the child becomes an emancipated minor, marries, or enlists in the military. See §473(a)(4)(A)(ii) of the Act; the Child Welfare Policy Manual at §8.2D.5, Question and Answer #2. Note that a title IV-E agency cannot reduce or suspend adoption assistance solely because the adoptive parents fail to reply to the agency's request for information, renewal, or recertification of the adoption assistance agreement. A title IV-E agency only may suspend adoption assistance payments in accordance with the fair hearing requirements at 45 C.F.R. §205.10. Before suspending a payment, the title IV-E agency must ensure that notice to the adoptive parents is both timely and adequate, as described at 45 C.F.R. § 205.10(a)(4). As such, the title IV-E agency must mail notice of intent to suspend the adoption assistance payments at least ten days before the agency plans to suspend the payments. It also must describe that the agency intends to suspend payments, the reasons for the intended suspension and the title IV-E basis as outlined above for the intended suspension. Finally, the agency must describe the adoptive parent's right to request a fair hearing and the circumstances under which assistance is continued if a hearing is requested. In order to be able to suspend adoption assistance payments in accordance with the guidance above, the title IV-E agency must first amend its title IV-E plan and have the Children's Bureau approve the change. Note also that each new adoption assistance agreement must include the circumstances under which the title IV-E agency may suspend adoption assistance payments. Similarly, the title IV-E agency may try to re-negotiate existing adoption assistance agreements with the adoptive parent to include the circumstances under which the title IV-E agency may suspend payments; however, the terms of an existing adoption assistance agreement only may be changed with the concurrence of the adoptive parent. If an adoptive parent declines to include such a term in the existing agreement, the title IV-E agency may not suspend adoption assistance payments under that agreement. If the title IV-E agency suspends adoption assistance as described above, the child/youth remains title IV-E eligible, and the title IV-E adoption assistance agreement remains in effect while the payment is suspended. Although an agency may suspend a child's adoption assistance payment under the circumstances described above, the child's eligibility for, and receipt of, Medicaid may not be suspended while the adoption assistance agreement is in effect. See §473(b) of the Social Security Act. The title IV-E agency also may claim any title IV-E adoption assistance administrative costs on behalf of a child whose title IV-E adoption assistance is suspended in accordance with its approved cost allocation plan.

Source/Date

2/14/2018

Legal and Related References

Social Security Act, section 473(a)(4)(A) and (B); 45 CFR 205.10

8.2A.1 TITLE IV-E, Adoption Assistance Program, Agreements, Interstate placements

4. Question:

Please explain the responsibilities of States that have entered into interstate adoptions when the adoptive parents die or the adoption is dissolved. (Deleted July 29, 2026)

Answer:

If a title IV-E adoption dissolves or the adoptive parents die and the child is placed with a State agency that assumes responsibility for placement and care, it is the placing State's responsibility to determine whether the child meets the definition of special needs, and pay the subsidy in a subsequent adoption. If, however, a public child welfare agency is not involved in the subsequent adoptive placement of a child, it is the public child welfare agency in the subsequent adoptive parents' State of residence that is responsible for determining whether the child meets the definition of special needs, entering into the adoption assistance agreement, and paying the subsidy. The State of the child's initial adoption or the State that pays the title IV-E adoption assistance in the child's initial adoption is irrelevant in a subsequent adoption.

Source/Date

ACYF-CB-PA-01-01 (1/23/01)

Legal and Related References

Social Security Act - section 473

8.2B TITLE IV-E, Adoption Assistance Program, Eligibility

3. Question:

Are children whose legal guardianships disrupt eligible for title IV-E adoption assistance? (Deleted October 25, 2017)

Answer:

If a child who had been receiving title IV-E foster care maintenance payments prior to a legal guardianship returns to foster care or is placed in an adoptive home after disruption of the legal guardianship, the factors below must be considered in determining the child's eligibility for title IV-E adoption assistance:

1) Title IV-E Demonstration Waiver States - In States that have an approved title IV-E demonstration waiver from the Department to operate a subsidized legal guardianship program, the title IV-E terms and conditions allow reinstatement of the child's title IV-E eligibility status that was in place prior to the establishment of the guardianship in situations where the guardianship disrupts. Therefore, if a guardianship disrupts and the child returns to foster care or is placed for adoption, the State would apply the eligibility criteria in section 473 of the Social Security Act (the Act) for the child as if the legal guardianship had never occurred.

2) Non-Demonstration Waiver States - In States that do not have an approved title IV-E demonstration waiver from the Department, the eligibility requirements in section 473 of the Act must be applied to the child's current situation. Therefore, in a situation where the child has returned to foster care from the home of a non-related legal guardian, the child would not be eligible for title IV-E adoption assistance since the child was not removed from the home of a specified relative. If, however, the child has been removed from the home of a related legal guardian, an otherwise eligible child could be eligible for title IV-E adoption assistance.

In either situation, however, if a child meets the eligibility criteria for Supplemental Security Income and meets the definition of special needs prior to the finalization of the adoption, the child would be eligible for title IV-E adoption assistance. If a child meets these criteria, no further eligibility criteria must be met.

Source/Date

ACYF-CB-PA-01-01 (1/23/01); 7/17/2006

Legal and Related References

Social Security Act - sections 473; The Deficit Reduction Act of 2005

1. Question:

Please explain who is eligible for title IV-E adoption assistance for a child who is not an "applicable child". (Deleted July 09, 2025)

Answer:

A title IV-E agency is required to enter into an adoption assistance agreement with the adoptive parents of a child with special needs (as defined in section 473(c) of the Social Security Act (the Act)) and provide adoption assistance if the child meets specific requirements. There are four ways that a child can be eligible for title IV-E adoption assistance: 1. Child is eligible for Aid to Families with Dependent Children (AFDC) and meets the definition of a child with special needs - Adoption assistance eligibility that is based on a child's AFDC eligibility (in accordance with the program rules in effect on July 16, 1996) is predicated on a child meeting the criteria for such at the time of removal. In addition, the title IV-E agency must determine that the child meets the definition of a child with special needs prior to finalization of the adoption. The method of removal has the following implications for the AFDC-eligible child's eligibility for title IV-E adoption assistance: If the child is removed from the home pursuant to a judicial determination, such determination must indicate that it was contrary to the child's welfare to remain in the home; or if the child is removed from the home pursuant to a voluntary placement agreement, that child must actually receive title IV-E foster care payments to be eligible for title IV-E adoption assistance. Children placed pursuant to a voluntary placement agreement under which a title IV-E foster care maintenance payment is not made are not eligible to receive title IV-E adoption assistance. 2. Child is eligible for Supplemental Security Income (SSI) benefits and meets the definition of a child with special needs - A child is eligible for adoption assistance if the child meets the requirements for title XVI SSI benefits and is determined by the title IV-E agency to be a child with special needs prior to the finalization of the adoption. There are no additional criteria that a child must meet to be eligible for title IV-E adoption assistance when eligibility is based on a special needs child meeting SSI requirements. Specifically, how a child is removed from his or her home or whether the title IV-E agency has responsibility for the child's placement and care is irrelevant in this situation. Unlike AFDC eligibility that is determined by the title IV-E agency, only a designated Social Security Administration claims representative can determine SSI eligibility and provide the appropriate eligibility documentation to the title IV-E agency. 3. Child is eligible as a child of a minor parent and meets the definition of a child with special needs - A child is eligible for title IV-E adoption assistance in this circumstance if: prior to the finalization of the adoption, the child's parent was in foster care and received a title IV-E foster care maintenance payment that covered both the minor parent and the child of the minor parent and is determined by the title IV-E agency to meet the definition of a child with special needs. There are no additional criteria that must be met in order for a child to be eligible for title IV-E adoption assistance if the child's eligibility is based on his or her minor parent's receipt of a foster care maintenance payment while placed with the minor parent in foster care. As with SSI, there is no requirement that a child must have been removed from home pursuant to a voluntary placement agreement or as a result of a judicial determination. 4. Child is eligible due to prior title IV-E adoption assistance eligibility and meets the definition of a child with special needs - In the situation where a child is adopted and receives title IV-E adoption assistance, but the adoption later dissolves or the adoptive parents die, a child may continue to be eligible for title IV-E adoption assistance in a subsequent adoption. The only determination that must be made by the title IV-E agency prior to the finalization of the subsequent adoption is whether the child is a child with special needs, consistent with the requirements in section 473(c) of the Act. Need and eligibility factors in section 473(a)(2)(A) of the Act must not be redetermined when such a child is subsequently adopted because the child is to be treated as though his or her circumstances are the same as those prior to his or her previous adoption. Since title IV-E adoption assistance eligibility need not be re-established in such subsequent adoptions, the manner of a child's removal from the adoptive home, including whether the child is voluntarily relinquished to an individual or private agency, is irrelevant.

*Note: This Q/A was previously deleted on 10/25/2017 because at the time, the phase-in for the applicable child in section 473(e)(1)(B) of the Act was complete. P.L. 115-123 amended section 473(e)(1)(B) to extend the applicable child phase-in to FY 2025, effective 1/1/2018.

Source/Date

ACYF-CB-PA-01-01 (1/23/01); 7/17/2006; (03/03/2020)

Legal and Related References

Social Security Act - sections 473(a)(2), 473(c) and 479B; The Deficit Reduction Act of 2005

8. Question:

The statute authorizes title IV-E adoption assistance eligibility for siblings of an applicable child under certain circumstances. These circumstances include the following factors: 1) the child is a sibling of the applicable child for the fiscal year; 2) the sibling is to be placed in the same adoption placement as the applicable child'sibling for the fiscal year; and 3) the sibling meets the eligibility requirements for the title IV-E adoption assistance program. In such situations, must the adoption for the sibling who is the applicable child be finalized prior to that of the child who may meet the criteria as a sibling of an applicable child for the sibling to be eligible for title IV-E adoption assistance? (Deleted July 09, 2025)

Answer:

No. Under 473(e)(3) of the Social Security Act, there is no requirement for the applicable child to be adopted before that child's sibling. A child is considered an applicable child if he or she meets the following conditions: (A) is a sibling of a child who is an applicable child for the fiscal year; B) is to be placed in the same adoption placement as an applicable child for the fiscal year who is his/her sibling; and (C) meets the adoption assistance eligibility requirements. As such, a sibling could be eligible for adoption assistance if the sibling is adopted before the applicable child, as long as the sibling and applicable child are placed in the same adoption placement, and the sibling meets all other eligibility requirements. *Note: This Q/A was previously deleted on 10/25/2017 because at the time, the phase-in for the applicable child in section 473(e)(1)(B) of the Act was complete. P.L. 115-123 amended section 473(e)(1)(B) to extend the applicable child phase-in to FY 2025, effective 1/1/2018.

Source/Date

5/04/11; (03/03/2020)

Legal and Related References

Social Security Act - section 473(e)(3) and 479B

5. Question:

The statute requires that to be an "applicable child" based on the child's "duration in care" the child must have been in foster care for 60 consecutive months (see section 473(e)(2)(A) of the Social Security Act). Please provide additional guidance on calculating the 60 consecutive month period. (Deleted July 09, 2025)

Answer:

The 60 consecutive month period is any 60 consecutive months in foster care prior to the finalization of the adoption. The title IV-E agency may use any reasonable method of calculating the 60 consecutive month period, within the following parameters:

The definition of "foster care" at 45 CFR 1355.20(a) applies in determining the 60 consecutive month provision and does not include detention facilities or psychiatric hospitals (see Child Welfare Policy Manual (CWPM) section 7.3 Q/A #1). Foster care is defined at 45 CFR 1355.20(a) as: 24-hour substitute care for children placed away from their parents or guardians and for whom the title IV-E agency has placement and care responsibility. This includes, but is not limited to, placements in foster family homes, foster homes of relatives, group homes, emergency shelters, residential facilities, child care institutions, and preadoptive homes. A child is in foster care in accordance with this definition regardless of whether the foster care facility is licensed and payments are made by the State, Tribal or local agency for the care of the child, whether adoption subsidy payments are being made prior to the finalization of an adoption, or whether there is Federal matching of any payments that are made.
A child must be in foster care, as defined in 45 CFR 1355.20(a), for at least one day of a month.
A runaway episode may count towards calculating the 60 consecutive month period if the title IV-E agency retains responsibility for the placement and care of the child during the runaway episode because a child in this situation is considered to be in foster care. See CWPM sections 8.3C.2 Q/A #3 and 1.2B.7.
If a title IV-E agency considers a child who is on a trial home visit to be in foster care, then the trial home visit period may count towards calculating the 60 consecutive month period. See existing policy on trial home visits in the CWPM section 8.3C.5.
*Note: This Q/A was previously deleted on 10/25/2017 because at the time, the phase-in for the applicable child in section 473(e)(1)(B) of the Act was complete. P.L. 115-123 amended section 473(e)(1)(B) to extend the applicable child phase-in to FY 2025, effective 1/1/2018

Source/Date

2/24/2011; (03/03/2020)

Legal and Related References

Social Security Act - Section 473(e)(2)(A) and 479B; 45 CFR 1355.20(a), Child Welfare Policy Manual sections 7.3 Q/A #1, 8.3C.5, 8.3C.2 Q/A #3 and 1.2B.7; ACYF-CB-PI-10-11

2. Question:

Does a child who is not an "applicable child" need to be continuously eligible for Aid to Families for Dependent Children (AFDC) during the period s/he is in foster care in order to be eligible for adoption assistance after the termination of parental rights? (Deleted July 09, 2025)

Answer:

No. A child who is not an "applicable child" for whom eligibility for title IV-E adoption assistance payments is being established need not have been continuously eligible for AFDC during his or her tenure in foster care. The statute requires that the child be eligible for AFDC only at the time of the child's removal from the home (section 473(a)(2)(A)(i)(I)(aa) of the Social Security Act). Please see the Child Welfare Policy Manual at 8.2B for an explanation of all the eligibility criteria for the adoption assistance payments program.

*Note: This Q/A was previously deleted on 10/25/2017 because at the time, the phase-in for the applicable child in section 473(e)(1)(B) of the Act was complete. P.L. 115-123 amended section 473(e)(1)(B) to extend the applicable child phase-in to FY 2025, effective 1/1/2018.

Source/Date

03/14/07; (03/03/2020)

Legal and Related References

Social Security Act - section 473 and 479B

8.2B.3 TITLE IV-E, Adoption Assistance Program, Eligibility, Child of a minor parent

2. Question:

In reference to a child who is not an "applicable child", when must the child of a minor parent meet the title IV-E adoption assistance eligibility criteria? (Deleted July 09, 2025)

Answer:

Effective October 1, 2005, the child of a minor parent must meet the title IV-E adoption assistance eligibility criteria prior to finalization of the adoption. *Note: This Q/A was previously deleted on 10/25/2017 because at the time, the phase-in for the applicable child in section 473(e)(1)(B) of the Act was complete. P.L. 115-123 amended section 473(e)(1)(B) to extend the applicable child phase-in to FY 2025, effective 1/1/2018.

Source/Date

8/7/2006; (03/03/2020)

Legal and Related References

Social Security Act - Section 473(a)(2)(A)(i)(I)(cc), 473(c), and 479B; Public Law 109-171, The Deficit Reduction Act of 2005

1. Question:

Is the child of a minor parent eligible for title IV-E adoption assistance as a child who is not an "applicable child"? (Deleted July 09, 2025)

Answer:

Section 473(a)(2)(A)(i)(I)(cc) of the Social Security Act provides that the child whose costs in a foster family home or child-care institution are covered by the title IV-E foster care payment made with respect to the parent is eligible for adoption assistance under title IV-E, if determined by the title IV-E agency to be a child with special needs under section 473(c). *Note: This Q/A was previously deleted on 10/25/2017 because at the time, the phase-in for the applicable child in section 473(e)(1)(B) of the Act was complete. P.L. 115-123 amended section 473(e)(1)(B) to extend the applicable child phase-in to FY 2025, effective 1/1/2018.

Source/Date

ACYF-CB-PA-88-01 (7/6/88); Questions and Answers on the Final Rule (65 FR 4020 (1/25/00); (03/03/2020)

Legal and Related References

Social Security Act - section 473(a)(2)(A)(i)(I)(cc), 473(c), and 479B

8.2B.5 TITLE IV-E, Adoption Assistance Program, Independent Adoptions

1. Question:

Is a child who is the subject of an independent adoption eligible for title IV-E adoption assistance if the child is not an "applicable child"? (Deleted July 09, 2025)

Answer:

We consider an independent adoption one in which the child is not under the responsibility of a public or private adoption agency. It is highly improbable that a child who is adopted through an independent adoption will be eligible for title IV-E adoption assistance if the child is not an "applicable child" since many of these children are voluntarily relinquished at birth directly to an adoptive family. Children who are voluntarily relinquished are eligible only in certain limited circumstances and only when they are relinquished to the title IV-E agency or another public agency (including Tribes without an approved title IV-E plan) with which the title IV-E agency has a title IV-E agreement. The only exceptions are: (1) a child who meets the eligibility criteria for Supplemental Security Income, and (2) a child in a subsequent adoption, under specific circumstances, if s/he received title IV-E adoption assistance in a previous adoption. If the title IV-E agency determines that such child is a child with special needs, consistent with section 473(c) of the Act, the title IV-E agency may not apply any further requirements or restrictions to the child's eligibility for title IV-E adoption assistance. *Note: This Q/A was previously deleted on 10/25/2017 because at the time, the phase-in for the applicable child in section 473(e)(1)(B) of the Act was complete. P.L. 115-123 amended section 473(e)(1)(B) to extend the applicable child phase-in to FY 2025, effective 1/1/2018.

Source/Date

ACYF-CB-PA-01-01 (1/23/01); 7/17/2006; (03/03/2020)

Legal and Related References

Social Security Act - sections 473(a)(2), 473(c), and 479B; The Deficit Reduction Act of 2005

8.2B.6 TITLE IV-E, Adoption Assistance Program, International Adoptions

1. Question:

Is a child who is the subject of an international adoption eligible for title IV-E adoption assistance if the child is not an "applicable child"? (Deleted July 09, 2025)

Answer:

The Federal adoption assistance program under title IV-E was intended to provide permanency for children with special needs in public foster care by assisting title IV-E agencies in providing ongoing financial and medical assistance to the families who adopt them. As a result, the statutory requirements for title IV-E adoption assistance eligibility are geared to needy children in public child welfare systems and are difficult, if not impossible, to apply to children who are adopted from abroad. Therefore, although the statute does not categorically exclude these children from participation in the title IV-E adoption assistance program, it is highly improbable that children who are adopted abroad by U.S. citizens, or are brought into the U.S. from another country for the purpose of adoption, will meet the criteria in section 473 of the Social Security Act (the Act) for title IV-E adoption assistance eligibility. In addition to meeting the three-part criteria for special needs in section 473(c) of the Act, to be eligible for title IV-E adoption assistance, a child also must be eligible in one of the following manners: 1) Eligible for Aid to Families with Dependent Children (AFDC) at the time of the voluntary placement agreement or court removal petition; 2) Eligible for Supplemental Security Income; or, 3) foster care costs of the child are being covered by title IV-E foster care maintenance payments being made for his or her minor parent in foster care. Children who are adopted abroad, or are brought into the U.S. from other countries for the purpose of adoption, are not: 1) AFDC-eligible in their own homes (AFDC was a domestic program and therefore not available on behalf of children in their own homes in another country); 2) SSI-eligible (SSI cannot be established since a child who is adopted from another country cannot meet either the Social Security Administration's alien eligibility requirement or its "presence in the U.S." rule (requiring that an individual who has been outside the U.S. for 30 consecutive days must be present in the U.S. for 30 consecutive days to be eligible for SSI). The Child Citizenship Act of 2000, Public Law 106-395, impacts neither the SSI eligibility for children who are adopted from abroad nor the title IV-E adoption assistance eligibility for these children); or 3) eligible as a result of their minor parent's receipt of title IV-E foster care maintenance payments. The above cited reasons, as well as the criteria that the child must meet in order to determine whether a child meets the definition of special needs make it highly improbable, if not virtually impossible, that a child adopted through an intercountry adoption will be eligible for title IV-E adoption assistance. Although it is highly improbable that children adopted through an intercountry adoption will meet the title IV-E adoption assistance requirements, title IV-E agencies cannot in policy categorically exclude these children from consideration since the statute does not authorize such an exclusion. In the case of reimbursement of nonrecurring expenses of adoption, the title IV-E agency need only to determine that the child is a child with special needs, consistent with section 473(c) of the Act. Accordingly, if a child who is adopted from abroad meets the three criteria for special needs, the title IV-E agency must pay for the nonrecurring adoption expenses for these children, consistent with 45 CFR 1356.41, if requested by the parents prior to the finalization of the adoption. *Note: This Q/A was previously deleted on 10/25/2017 because at the time, the phase-in for the applicable child in section 473(e)(1)(B) of the Act was complete. P.L. 115-123 amended section 473(e)(1)(B) to extend the applicable child phase-in to FY 2025, effective 1/1/2018.

Source/Date

ACYF-CB-PA-01-01 (1/23/01); 7/17/2006; (03/03/2020)

Legal and Related References

Social Security Act - section 473(a) and (c) and 479B; The Deficit Reduction Act of 2005; 45 CFR 1356.41

8.2B.8 TITLE IV-E, Adoption Assistance Program, Eligibility, Medicaid

2. Question:

Some States are requiring adoptive parents to complete annual renewals of their adoption assistance agreements. Does title IV-E require the State or local agency to perform annual renewals or eligibility determinations for adoption assistance? (Deleted July 29, 2026)

Answer:

This question has moved to 8.2B.9; question 2

Source/Date

Legal and Related References

8.2B.10 TITLE IV-E, Adoption Assistance Program, Eligibility, Responsibility for placement and care

1. Question:

In reference to a child who is not an "applicable child" must the title IV-E agency have responsibility for placement and care of a child for that child to be eligible for title IV-E adoption assistance? (Deleted July 09, 2025)

Answer:

The eligibility requirements for adoption assistance in section 473(a)(2) of the Act do not specify that the title IV-E agency must have placement and care responsibility for a child to qualify for adoption assistance. There are some situations, however, in which the criteria dictate that a child who is not an applicable child be under the placement and care responsibility of the title IV-E agency or that of another public agency (including Tribes without an approved title IV-E plan) that has a title IV-E agreement in order to be eligible for title IV-E adoption assistance. These are: 1) a child who is placed pursuant to a voluntary placement agreement and who must have had a title IV-E foster care maintenance payment paid on his or her behalf under the agreement, consistent with section 472(a)(2)(B) and 473(a)(2)(A)(i)(I)(aa) of the Act; and 2) a child who is eligible for title IV-E adoption assistance based upon his or her minor parent's eligibility for title IV-E foster care while in the custody of the State agency, consistent with section 473(a)(2)(A)(i)(I)(cc) of the Act. *Note: This Q/A was previously deleted on 10/25/2017 because at the time, the phase-in for the applicable child in section 473(e)(1)(B) of the Act was complete. P.L. 115-123 amended section 473(e)(1)(B) to extend the applicable child phase-in to FY 2025, effective 1/1/2018.

Source/Date

ACYF-CB-IM-01-01 (11-6-01); (03/03/2020)

Legal and Related References

Social Security Act - section 473(a)(2) and (e), and 479B

8.2B.11 TITLE IV-E, Adoption Assistance Program, Eligibility, Special needs

1. Question:

Please explain the requirements for special needs determinations for a child who is not an "applicable" child. (Deleted July 09, 2025)

Answer:

An integral part of establishing adoption assistance eligibility requires the title IV-E agency to determine that the child is a child with special needs in accordance with all three criteria defined in section 473(c) of the Social Security Act (the Act): 1) The title IV-E agency must determine that the child cannot or should not be returned to the home of his or her parents (section 473(c)(1) of the Act); and 2) The title IV-E agency must determine that there exists a specific factor or condition because of which it is reasonable to conclude that the child cannot be placed with adoptive parents without providing title IV-E adoption assistance or title XIX medical assistance. Such a factor or condition may include (but is not limited to) ethnic background, age or membership in a minority or sibling group, the presence of a medical condition, or physical, mental or emotional disabilities. For example, in some States ethnic background alone may inhibit the ability of a child to be adopted, while in other States a combination of factors, such as minority status and age, may be factors. It is important to note that in each case the title IV-E agency must conclude that, because of a specified factor or factors, the particular child cannot be placed with adoptive parents without providing assistance; and 3) Finally, the title IV-E agency must determine that in each case a reasonable, but unsuccessful, effort to place the child with appropriate parents without providing adoption assistance has been made. Such an effort might include the use of adoption exchanges, referral to appropriate specialized adoption agencies, or other such activities. The only exception to this requirement is when it would not be in the best interests of the child because of such factors as the existence of significant emotional ties with prospective adoptive parents while in the care of those parents as a foster child. The exception also extends to other circumstances that are not in the child's best interest, as well as adoption by a relative, in keeping with the statutory emphasis on the placement of children with relatives. The title IV-E agency must document in each child's case record the specific factor(s) that make the child difficult to place and describe the efforts to place the child for adoption without providing assistance. In an effort to find an appropriate adoptive home for a child, and meet the requirement that a reasonable, but unsuccessful, effort be made to place the child without adoption assistance, it is not necessary for the agency to "shop" for a family while the child remains in foster care. Once the agency has determined that placement with a certain family is in the child's best interest, the agency should make full disclosure about the child's background, as well as known or potential problems. If the agency has determined that the child cannot or should not return home and the child meets the statutory definition of special needs with regard to specific factors or conditions, then the agency can pose the question of whether the prospective adoptive parents are willing to adopt without assistance. If they say they cannot adopt the child without adoption assistance, the requirement in section 473(c)(2)(B) for a reasonable, but unsuccessful, effort to place the child without providing adoption assistance will be met. *Note: This Q/A was previously deleted on 10/25/2017 because at the time, the phase-in for the applicable child in section 473(e)(1)(B) of the Act was complete. P.L. 115-123 amended section 473(e)(1)(B) to extend the applicable child phase-in to FY 2025, effective 1/1/2018.

Source/Date

ACYF-CB-PA-01-01 (1/23/01); (03/03/2020)

Legal and Related References

Social Security Act - sections 471(a)(19), 473(c), and 479B

8.2B.12 TITLE IV-E, Adoption Assistance Program, Eligibility, SSI

2. Question:

Section 473(a)(2)(A)(i)(I)(bb) of the Social Security Act (the Act) indicates that a child who meets all of the requirements of title XVI of the Act with respect to eligibility for Supplemental Security Income (SSI) benefits may be eligible for title IV-E adoption assistance. When must a child be eligible for SSI for the purposes of meeting the title IV-E adoption assistance eligibility criteria for a child who is not an "applicable child"? (Deleted July 09, 2025)

Answer:

As of October 1, 2005, the child's eligibility for SSI benefits must be established prior to finalization of the adoption. *Note: This Q/A was previously deleted on 10/25/2017 because at the time, the phase-in for the applicable child in section 473(e)(1)(B) of the Act was complete. P.L. 115-123 amended section 473(e)(1)(B) to extend the applicable child phase-in to FY 2025, effective 1/1/2018.

Source/Date

8/7/2006; (03/03/2020)

Legal and Related References

Social Security Act - Section 473(a)(2)(A)(i)(I)(bb) and 479B; Public Law 109-171, The Deficit Reduction Act of 2005

1. Question:

In reference to a child who is not an "applicable child" is there a prohibition under title IV-E against claiming Federal financial participation (FFP) for adoption assistance for a child who receives Supplemental Security Income (SSI)? (Deleted July 09, 2025)

Answer:

There is no prohibition under title IV-E against claiming FFP for adoption assistance for a child who receives benefits from SSI. Section 473 of title IV-E created an adoption assistance program which permits Federal matching funds for the costs of adoption assistance for the purpose of encouraging the placement of eligible children in adoptive homes. Under title IV-E adoption assistance (section 473), the scope of eligibility specifically includes children with special needs who are eligible to receive SSI (473(a)(2)(A)(i)(I)(bb)) as well as those eligible for AFDC and title IV-E foster care (473(a)(2)(A)(i)(I)(aa)). Title XVI (SSI) is a needs based program and, as such, requires a test of income and resources of the adoptive parents in determining the amount of the SSI benefit to which a child with a disability(ies) may be entitled. If (or when) the parental resources and income exceed a maximum level determined by the SSI program, the child is no longer eligible for SSI payments. If the adoptive parents decide to decline adoption assistance and choose to receive only SSI for the child, and if they have not executed an adoption assistance agreement before the adoption is finalized, they may not later receive title IV-E adoption assistance payments, as the child would no longer meet all of the eligibility requirements as a child with special needs (section 473(c)(2)). It may be prudent for the decision maker (parent, guardian, custodian, caretaker relative) to arrange for an adoption assistance agreement which does not provide for payment, but which does provide for title XVI and title XIX coverage, and which may at some future date, upon review, be renegotiated to provide for payment of adoption assistance funds. The adoptive parents of a child eligible for title IV-E adoption assistance and SSI benefits may make application for both programs and the child, if eligible, may benefit from both programs simultaneously. In cases where the child is eligible for both SSI and title IV-E and there is concurrent receipt of payments from both programs, "the child's SSI payment will be reduced dollar for dollar without application of any exclusion", thus decreasing the SSI benefit by the amount of the title IV-E payment (SSI Program Operations Manual). To reiterate, concurrent receipt is subject to the SSI rule that the SSI payment will be reduced by the amount of the foster care payment. *Note: This Q/A was previously deleted on 10/25/2017 because at the time, the phase-in for the applicable child in section 473(e)(1)(B) of the Act was complete. P.L. 115-123 amended section 473(e)(1)(B) to extend the applicable child phase-in to FY 2025, effective 1/1/2018.

Source/Date

ACYF-CB-PA-94-02 (2/4/94); (03/03/2020)

Legal and Related References

Social Security Act - section 473 and 479B; 20 CFR 416.1100ff; Program Operations Manual System, Part 5, Supplemental Security Income Chapter 008 - Income, Subchapter 30 - Unearned Income

3. Question:

In determining whether an applicable child who is a special needs child is eligible for title IV-E adoption assistance through the Supplemental Security Income (SSI) pathway, may a title IV-E agency make the determination that the child meets the medical or disability requirements for SSI benefits? (See section 473(a)(2)(A)(ii)(I)(bb) of the Social Security Act). (Deleted July 29, 2026)

Answer:

Yes. For the purposes of determining whether an applicable child who is a special needs child is eligible for title IV-E adoption assistance through the SSI pathway, the title IV-E agency may make the determination that the child meets the medical or disability requirements for SSI benefits. The title IV-E agency is not making an SSI eligibility determination on behalf of the child, as that responsibility lies with the Social Security Administration and that includes a financial eligibility component. Rather, the title IV-E agency is responsible for title IV-E adoption assistance eligibility determinations, and therefore the agency is permitted to make the determination that the child meets the medical or disability requirements for SSI benefits for title IV-E eligibility purposes.

Source/Date

2/24/2011

Legal and Related References

Social Security Act - Sections 473(a)(1)(B)(ii)), 473(a)(2)(A)(ii)(I)(bb) and 473(c)(2)(B)(ii)

8.2B.13 TITLE IV-E, Adoption Assistance Program, Eligibility, Voluntary relinquishments

1. Question:

Is a child who is voluntarily relinquished to a private, nonprofit agency eligible for title IV-E adoption assistance as a child who is not an "applicable child"? (Deleted July 09, 2025)

Answer:

As authorized by section 473(a)(2)(A)(i)(I) of the Act, a child is eligible for title IV-E adoption assistance if s/he is removed from the home by way of a voluntary placement agreement with respect to which title IV-E foster care payments are provided, or as the result of a judicial determination that to remain in the home would be contrary to the child's welfare. However, a child who is voluntarily relinquished to either a public or private, nonprofit agency will be considered judicially removed in the following circumstances: (1) the child is voluntarily relinquished either to the title IV-E agency (or another public agency (including Tribes without an approved title IV-E plan) that has a title IV-E agreement), or to a private, nonprofit agency; and (2) there is a petition to the court to remove the child from home within six months of the time the child lived with a specified relative; and (3) there is a subsequent judicial determination to the effect that remaining in the home would be contrary to the child's welfare. Under these circumstances, the AFDC-eligible child will be treated as though s/he was judicially removed rather than voluntarily relinquished. If the title IV-E agency subsequently determines that the child also meets the three criteria in the definition of a child with special needs in section 473(c) of the Act, the child is eligible for title IV-E adoption assistance. If, however, there is no petition to remove the child from the home or no subsequent judicial determination, the child cannot be considered judicially removed for the purpose of title IV-E adoption assistance eligibility. Furthermore, if the court merely sanctions the voluntary relinquishment without making a determination that it is contrary to the child's welfare to remain in the home, the child is not eligible for title IV-E adoption assistance. *Note: This Q/A was previously deleted on 10/25/2017 because at the time, the phase-in for the applicable child in section 473(e)(1)(B) of the Act was complete. P.L. 115-123 amended section 473(e)(1)(B) to extend the applicable child phase-in to FY 2025, effective 1/1/2018.

Source/Date

ACYF-CB-IM-01-08 (11-6-01); (03/03/2020)

Legal and Related References

Social Security Act -section 473(a)(2)(A)(i)(I), (c), (e), and 479B

8.2D.4 TITLE IV-E, Adoption Assistance Program, Payments, Rates

6. Question:

When the State agency enters into an adoption assistance agreement with a family from another State, which State's rate structure applies as the limit for the adoption assistance payment? (Deleted July 29, 2026)

Answer:

In situations where a child is placed by the State agency in one State with an adoptive family in another State, it is the placing State that would look at its own established foster care rate structure, as well as State law and policy governing its foster care and adoption assistance payments, to determine the amount of assistance available on behalf of the child. If the placing and paying State's law or policy allows flexibility to pay amounts based upon the foster care board rate in the State in which the child is placed for adoption, this practice would be allowable under title IV-E since the statutory requirement in section 473 (a)(3) of the Act would be met.

Source/Date

ACYF-CB-PA-01-01 (1/23/01)

Legal and Related References

Social Security Act - section 473 (a)(3)

8.2D.5 TITLE IV-E, Adoption Assistance Program, Payments, Termination

3. Question:

Can a State agency automatically suspend the adoption assistance payment for the duration of an adopted child's placement in foster care? The State agency would reinstate the payment upon the child's return home. (Deleted February 21, 2018)

Answer:

No. An automatic suspension is, in effect, the equivalent to a termination of the adoption assistance payment and as such is unallowable under section 473(a)(4)(B) if the parent remains legally responsible or is providing any support for the child. However, consistent with section 473(a)(4)(B) of the Act, there may be circumstances in which adoptive parent(s) may be eligible for payments in a different amount. In these instances, a State may re-negotiate the agreement and reduce the payment for the duration of an adopted child's placement in foster care with the concurrence of the adoptive parent.t.

Source/Date

ACYF-CB-PIQ-98-02 (9/03/98)

Legal and Related References

Social Security Act - section 473(a)(4)(B)

8.3A.4 TITLE IV-E, Foster Care Maintenance Payments Program, Eligibility, Child in facility outside scope of foster care

3. Question:

When a child is removed from the custodial parent and placed by the title IV-E agency for a temporary period of time with the non-custodial parent under the placement and care responsibility of the title IV-E agency, and then the title IV-E agency subsequently moves the child to a licensed foster family home, must the title IV-E agency obtain another removal order in order to claim title IV-E? (Deleted July 29, 2026)

Answer:

No. The child is not eligible for title IV-E while placed with the non-custodial parent (see Child Welfare Policy Manual Section 8.3A.3 Q/A #1). However, the child's placement with the non-custodial parent has no bearing on whether the title IV-E agency may claim title IV-E reimbursement for the child when s/he is later placed in a licensed foster family home, so long as the title IV-E agency maintains placement and care responsibility and the child otherwise meets the criteria in sections 472(a)(2)(A) and (B) and 472(a)(3) of the Act. Presuming the title IV-E agency has already obtained a contrary to the welfare finding in relation to the custodial parent, it remains valid for title IV-E purposes unless the title IV-E agency's placement and care responsibility ends and the child is removed again pursuant to a court order or voluntary placement agreement.

Source/Date

12/6/2007; 10/23/2019

Legal and Related References

Social Security Act - sections 472(a)(2)(A) and (B), and 479B; 45 CFR 1355.20

1. Question:

How is a child's IV-E eligibility impacted by an interruption in a foster care episode, for example, a temporary placement in a detention facility or psychiatric hospital? (Deleted July 29, 2026)

Answer:

As long as the original court order pertaining to the child's removal is still in effect, the title IV-E agency may claim title IV-E funds when the child returns to a foster care setting. Federal financial participation is not available while the child is placed in a facility that is considered outside the scope of "foster care."

Source/Date

Questions and Answers on the Final Rule (65 FR 4020) (1/25/00); April 6, 2010

Legal and Related References

Social Security Act - section 472 (a); 45 CFR 1355.20

8.3A.6 TITLE IV-E, Foster Care Maintenance Payments Program, Eligibility, Contrary to the welfare

2. Question:

For purposes of meeting the section 472 (a)(2)(A)(ii) eligibility requirement, must a temporary detention order include "contrary to the welfare" language or is it possible to consider a later delinquency adjudication order or dependency adjudication order as the removal order? (Deleted April 27, 2020)

Answer:

The statute requires that the "removal" from the home must occur as the result of a judicial determination to the effect that continuation therein would be contrary to the child's welfare.

Therefore, such a determination must be made in the order that results in the removal of the child from the home. Since the child has already been removed from his home and is in detention as the result of a temporary detention order, the later hearing order only sanctions that removal. A child would remain ineligible during the entire foster care placement if the "contrary to the welfare" determination is not made at the time of the temporary detention order.

Source/Date

ACYF-CB-PIQ-91-03 (4/3/91)

Legal and Related References

Social Security Act - section 472 (a)(2)(A)

8.3A.8a TITLE IV-E, Foster Care Maintenance Payments Program, Eligibility, Facilities requirements, child-care institution

6. Question:

Under section 471(a)(10)(B) of the Act, there must be at least one "onsite official...designated to be the caregiver who is authorized to apply the reasonable and prudent parent standard" as a condition of a contract the title IV-E agency enters into with a child care institution. May the onsite official(s) be someone affiliated with the child's case (such as the child care institution's case manager for the child)? (Deleted July 29, 2026)

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)

8.3A.8b TITLE IV-E, Foster Care Maintenance Payments Program, Eligibility, Facilities requirements, foster family home

1. Question:

Does the language in the first part of the definition: "Foster family home means the home of an individual or family..." modify the latter statement: "The term may include group homes...or other facilities?" For example, is corporate ownership of a group home precluded? (Deleted July 29, 2026)

Answer:

The sentence of the regulation at 45 CFR l355.20 which refers to group homes or boarding homes does not change the required nature of the facility, which must be the home of an individual or family. A group home owned and operated by a corporation would not be within the definition of a foster family home. A foster family group home or foster family boarding home, if it is licensed or approved as such by the State and it is the home of an individual or family, would be considered within the definition of "foster family home," whether payments are made to the individual, family, or to a public agency or non-profit child placement or child care agency (section 472(b)(1) of the Social Security Act).

Source/Date

ACYF-CB-PIQ-87-04 (8/13/87)

Legal and Related References

Social Security Act - section 472; 45 CFR 1355.20 (a)

2. Question:

The regulation at 45 CFR 1355.20 (a) which includes a definition of the term "foster family home" as " . . . the home of an individual or family licensed or approved by the State licensing or approval authority(ies), . . . The term may include group homes, agency operated boarding homes or other facilities licensed or approved for the purpose of providing foster care by the State agency responsible for approval or licensing of such facilities." Is it the intent of 45 CFR 1355.20 to open up the definition of foster family home to what is essentially institutional care (e.g., residential treatment)? (Deleted July 29, 2026)

Answer:

No. Title IV-E provides at section 472 (b) that foster care maintenance payments may be made on behalf of a title IV-E eligible child who is either: (1) in the foster family home of an individual; or (2) in a child-care institution. It is not the intent of the regulation to equate residential treatment in a child care institution with foster family care.

Source/Date

ACYF-CB-PIQ-87-04 (8/13/87)

Legal and Related References

Social Security Act - section 472 ; 45 CFR 1355.20

8.3A.8c TITLE IV-E, Foster Care Maintenance Payments Program, Eligibility, Facilities requirements, licensing

5. Question:

May a State maintain separate systems that "license" one category of foster family homes, e.g., non-relatives, and "approves" another category, e.g., relatives, as long as both systems adhere to the same standards? (Deleted July 17, 2024)

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

3. Question:

Must a Tribal foster home meet State licensing standards or be a "relative home" in order to be eligible for payments under title IV-E? (Deleted July 29, 2026)

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

4. Question:

Both sections 401 (c)(1)(A) and 411 (c)(1)(A) of the Personal Responsibility Work Opportunity Reconciliation Act (PRWORA) define Federal, State, and local public benefits to include professional or commercial licenses. Is a foster care or adoptive home license/approval considered a Federal, State, or local public benefit? (Deleted July 29, 2026)

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)

8. Question:

What is an example of a two-tiered system of licensing, and how does that apply to training foster families? (Deleted July 29, 2026)

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

9. Question:

By what authority are Tribes restricted to licensing homes that are on or near Indian reservations? (Deleted July 29, 2026)

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

20. Question:

Are title IV-E agencies required to include the reasonable and prudent parent standard in foster care licensing standards (as defined in section 475(10) of the Social Security Act (the Act) and referenced in section 471(a)(10) of the Act regarding the licensing standards)? And are foster parents and designated officials for a child care institution then required to apply it? (Deleted July 29, 2026)

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)

21. Question:

Answer:

Source/Date

8/26/2015

Legal and Related References

Social Security Act - Section 471(a)(10)(B)

22. Question:

What is the definition of "relative" for the title IV-E program? (Deleted July 29, 2026)

Answer:

Source/Date

8/8/2024

Legal and Related References

8.3A.9 TITLE IV-E, Foster Care Maintenance Payments Program, Reasonable efforts

2. Question:

May a title IV-E agency receive an extension to the time frames prescribed in the regulation for obtaining judicial determinations regarding reasonable efforts to address the problem of continuances? (Deleted July 29, 2026)

Answer:

We are sympathetic to the issue of continuances. However, we believe that the need for timely judicial determinations is more appropriately addressed by building capacity through training judges and attorneys rather than extending the time frames for satisfying title IV-E eligibility criteria. Therefore, no extensions may be granted.

Source/Date

Preamble to the Final Rule (65 FR 4020) (1/25/00); (3/2/20)

Legal and Related References

45 CFR 1356.21 (b)

8.3A.9a TITLE IV-E, Foster Care Maintenance Payments Program, Eligibility, Reasonable Efforts to Finalize a Permanency Plan

5. Question:

When a child in foster care is placed in another State and the sending State transfers the child's placement and care responsibility to the receiving State's title IV-B/IV-E agency, does the "clock" re-start for determining when the case review requirements or reasonable efforts to finalize a permanency plan are due? (Deleted July 29, 2026)

Answer:

No. The "clock" for the case review requirements and reasonable efforts to finalize a permanency plan judicial determination begins on the date the child is considered to have entered foster care (section 475(5)(F) of the Social Security Act, 45 CFR 1355.20 and 1356.21(b)(2)). The date the child is considered to have entered foster care is the earlier of the date of the first judicial finding that the child has been subjected to child abuse or neglect, or the date that is 60 days after the child's removal from the home. The child's transfer from one State to another does not alter either date. Moreover, we believe that not extending the timeframes for carrying out the protections in such circumstances is consistent with a child's sense of time and the statute's emphasis on timely permanency for children.

Source/Date

9/5/2007

Legal and Related References

Social Security Act - section 475(5)(F); 45 CFR 1355.20 and 1356.21(b)(2)

8.3A.10 TITLE IV-E, Foster Care Maintenance Payments Program, Eligibility, Redeterminations

1. Question:

We believe failure to hold a timely redetermination of title IV-E eligibility is a program issue, not an eligibility issue. Is this correct? (Deleted April 27, 2010)

Answer:

You are correct in your assessment that failure to hold a timely redetermination of title IV-E eligibility is a State plan issue (a program issue, as stated in your question) rather than an issue related to the eligibility of the child for title IV-E foster care maintenance payments.

Under the Aid to Families with Dependent Children (AFDC) Program, an eligibility redetermination is a State plan requirement (45 CFR 206.10 (a)(9)(iii)) and not a factor affecting the child's eligibility. While there is no statutory requirement under title IV-E concerning the frequency of eligibility redeterminations, such a procedure should be carried out periodically in order to assure that Federal financial participation is claimed properly. (Section 471 (a)(1) allows for Federal financial participation for foster care maintenance payments only in accordance with the requirements in section 472. Therefore, the State must assure that the child meets those eligibility requirements.)

ACYF has advised State agencies that an appropriate period for redetermination would be every 12 months, at which time factors subject to change, such as continued deprivation of parental support and care and the child's financial need would be reviewed and documented. However, if the State agency misses the twelve month eligibility redetermination schedule in certain cases, those cases would not be considered ineligible for Federal financial participation for that reason alone. When the eligibility review is held, however, if the child is found to have been ineligible for any prior month, no claim for Federal financial participation may be made for that month.

Source/Date

ACYF-CB-PIQ-85-06 (6/5/85)

Legal and Related References

Social Security Act - sections 471 and 472; 45 CFR 206.10 (a)(9)(iii)

3. Question:

During the time the child is receiving title IV-E foster care payments, the parental rights of his parents are terminated. The child is subsequently moved into a residential care facility which is not eligible to receive foster care payments and the title IV-E case is discontinued. Later, he is again placed into a foster home and reapplication for title IV-E foster care is made. In considering eligibility for this reapplication, the deprivation at the time of court action, found initially and verified under the old foster care case, can be utilized. However, to meet the requirement of "continues to be eligible", must deprivation with regard to the biological parents again be established or may the termination of parental rights be used to constitute deprivation? (Deleted April 27, 2010)

Answer:

If the child has not returned to his own home and has been continuously in a foster care status since removal from the home (whether or not the facility is eligible to receive payments under title IV-E), a redetermination of eligibility would be appropriate at the time he returned to a facility eligible for Federal financial participation (FFP).

A redetermination of the deprivation factor at that tiime would consist of a confirmation that the conditions at the time of removal from the home continued to exist or that termination of parental rights (TPR) had occurred. In the latter case, the TPR would, from that point and throughout this episode of foster care, become the reason for continuing eligibility in terms of the deprivation factor.

If, however, the child is not continuously in foster care status and returns to the home of a relative that is considered to be his own home, then a subsequent re-entry into the foster care system requires a new (initial) determination of all eligibility factors.

In such a situation, where the child was living in the home of another relative after termination of parental rights and was later removed from the home of that relative, deprivation would then be based upon the absence of the parent(s) from the home of the relative, rather than TPR. (See section 406(a) as in effect on July 16, 1996).

Source/Date

ACYF-CB-PIQ-86-03 (5/9/86)

Legal and Related References

Social Security Act - sections 406 (a) and 407 (as in effect on July 16, 1996)

8.3A.11 TITLE IV-E, Foster Care Maintenance Payments Program, Eligibility, Removal from the home/living with

8. Question:

What is the definition of "relative ? for the title IV-E program? (Deleted July 29, 2026)

Answer:

Source/Date

8/8/2024

Legal and Related References

8.3B TITLE IV-E, Foster Care Maintenance Payments Program, Payments

2. Question:

Does title IV-E preclude a State agency from passing on to the child title IV-E funds for his use for his maintenance in an independent living program? (Deleted February 25, 2011)

Answer:

Title IV-E precludes payments made directly to the child or turned over to him by another agency for the purpose of meeting independent living costs. The eligibility of a child for title IV-E is based in part on the fact that he is placed in a family foster home or child care institution as a result of a court determination or voluntary agreement (section 472 (a)(2)(A) and (C) of the Social Security Act (the Act)). Federal financial participation is limited to foster care maintenance payments made on behalf of a child described in section 472 (a) of the Act who is in a foster family home or in a child care institution (section 472 (b)). Both "foster family home" and "child care institution" are defined in section 472 (c). Title IV-E does not include "independent living" in these definitions, and it is not considered foster care within the meaning of the Act. Title IV-B may be an alternative source of funding for these independent living programs. Since independent living is not considered foster care, the limitations found in section 424(c) of title IV-B to foster care payments would not apply.

Source/Date

ACYF-CB-PIQ-83-05 (10/19/83)

Legal and Related References

Social Security Act - sections 424 and 472; 45 CFR 1355.20

6. Question:

May title IV-E eligible children in adoptive homes receive title IV-E foster care maintenance payments prior to finalization of adoption? (Deleted July 29, 2026)

Answer:

Prior to the finalization of adoption, title IV-E eligible children in adoptive homes may receive foster care maintenance payments if the home is licensed for foster care. This practice is necessary to prevent a gap in medical care and/or support for foster children who have been placed for adoption but are ineligible for IV-E subsidy until the adoption assistance agreement is signed.

Source/Date

ACYF-CB-PIQ-82-01 (1/19/82)

Legal and Related References

Social Security Act - section 471 and 475

8.3C TITLE IV-E, Foster Care Maintenance Payments Program, State Plan/Procedural Requirements

2. Question:

Please explain the requirements with respect to case plans and the case review system at section 475 of the Social Security Act (the Act) for a child and his/her minor parent in foster care. (Deleted July 29, 2026)

Answer:

The State is not required to satisfy the requirements of the case plan and case review system set forth at section 475 of the Act on behalf of a child of a minor parent because s/he has not been removed from her/his biological parent and; therefore, pursuant to Federal law and regulations, is not in foster care. However, good social work practice suggests that the minor parent's case plan include the needs of the child and that the child's needs and interests be addressed during the six-month periodic reviews and permanency hearings held on behalf of the minor parent. In cases where the State has placement and care responsibility for both the minor parent and child, and has placed them in different foster homes, the child is considered to be in foster care and the requirements of the case plan and case review system at section 475 of the Act apply.

Source/Date

Questions and Answers on the Final Rule (65 FR 4020) (1/25/00)

Legal and Related References

Social Security Act - section 475; 45 CFR 1355.20

9. Question:

Do Indian Tribes have to operate the title IV-B programs to operate a title IV-E program? (Deleted July 29, 2026)

Answer:

Yes, but only a title IV-B subpart 1 program. Section 471(a)(2) of the Social Security Act requires the same agency administering title IV-B, subpart 1 to operate the title IV-E program. To give this language effect, the title IV-E agency must operate a title IV-B, subpart 1 program. There is no similar requirement in title IV-E related to the title IV-B, subpart 2 program.

Source/Date

12/19/2008

Legal and Related References

Social Security Act § section 471(a)(2)

10. Question:

Amendments to sections 475(1)(B) and (D), 475(5)(B-C))and section 475A of the Social Security Act (the Act) expand the case review and case plan requirements to prohibit a title IV-B/IV-E agency from providing a plan of another planned permanent living arrangement (APPLA) for youth under age 16 and also includes other changes to APPLA plans. When do these changes to the Act apply to children under age 16 already in the system as of the effective date of the provisions? (Deleted July 29, 2026)

Answer:

Once the state or tribe is required to meet the federal requirements,* the title IV-B/IV-E agency must apply the new APPLA requirements to any youth under age 16 as of the child's next permanency hearing. This also means that as of the state or tribal title IV-B/IV-E agency's effective date, the agency will be required to choose a permanency plan other than APPLA for youth under age 16 at the youth's next permanency hearing. * Effective date for states: 9/29/15 unless a delayed effective date is approved. A limited period of delay is permitted when the Secretary of the U.S. Department of Health and Human Services determines that legislation (other than legislation appropriating funds) is required for a title IV-E agency to comply with the plan requirements under title IV-E of the Act imposed by the amendment. The "delayed effective date" is defined as the 1st day of the 1st calendar quarter after the 1st regular session of the state legislature or tribal governing body after enactment. Effective date for children under the placement and care of an Indian tribe, tribal organization or consortium: 9/29/17.

Source/Date

Legal and Related References

Social Security Act – sections 475(1)(B) and (D), 475(5)(B-C)and 475A(a)

11. Question:

What is the definition of "relative ? for the title IV-E program? (Deleted July 29, 2026)

Answer:

Source/Date

8/8/2024

Legal and Related References

8.3C.1 TITLE IV-E, Foster Care Maintenance Payments Program, State Plan/Procedural Requirements, Case plans

2. Question:

How long after the original placement occurs must the case plan be written? Must a new case plan be prepared each time a child moves to a new provider or is it sufficient to update the case plan for each change in placement? How often must the case plan be updated if the child remains in the same placement for several years? (Deleted July 29, 2026)

Answer:

The regulations at 45 CFR 1356.21 (g) require that the case plan "Be developed within a reasonable period, to be established by the State, but in no event later than 60 days from the child's removal from the home..." Therefore, when a new placement is made, either a new or updated case plan must be developed. If a child remains in the same placement for several years, the case plan should be updated periodically. Ordinarily, this should occur after each six-month periodic review. The education and health section of the case plan should also be updated as appropriate to reflect the changing services to and needs of the child.

Source/Date

ACYF-CB-PIQ-90-03 (12/6/90)

Legal and Related References

Social Security Act - section 471 (a)(16), 475 (1) and (5); 45 CFR 1356.21 (g)

4. Question:

What are the title IV-E and title IV-B case plan requirements regarding health and educational records? Can the education and health records remain a part of the case record rather than be incorporated into the case plan? Can education and health records be attached to the case plan as an appendix? (Deleted July 29, 2026)

Answer:

Section 475 (1) of the Social Security Act (the Act) included in its definition of "case plan" the requirement that a foster child's case plan must include certain information regarding his educational and health status. In addition, section 475 (5)(D) of the Act ensures that the child's health and education records are reviewed and updated at the time of each placement of the child in foster care and that such records are supplied to the foster parent or foster care provider with whom the child is placed. The case plan must be a discrete document which includes the education and health records of the child. In most cases, the information to be included in the case plan, and supplied to the foster parent(s) or caretaker of the foster child, would be less comprehensive than the case record. The case record, on the other hand, should include all of the health and education records of the child and include detailed medical reports, psychological evaluations, etc. It would be possible to comply with the law by attaching copies of the most relevant health and education information to the case plan as an appendix or by summarizing this information as an integral part of the case plan.

Source/Date

ACYF-CB-PIQ-90-03 (12/6/90)

Legal and Related References

Social Security Act - sections 475 (1)

8.3C.2 TITLE IV-E, Foster Care Maintenance Payments Program, State Plan/Procedural Requirements, Case review system

5. Question:

We understand that the timing for conducting the initial permanency hearing and six-month periodic review is based on the date the child is considered to have entered foster care. Are subsequent reviews/hearings to be held based on the date the child is considered to have entered foster care or within 12 months of the date the prior hearing or review was actually held? (Deleted July 29, 2026)

Answer:

Either methodology referenced in the question is consistent with and would satisfy the regulatory requirements. We will, therefore, leave the methodology employed to the State's discretion. We strongly encourage States, however, to adopt and set forth in State policy one methodology for holding the subsequent hearings/reviews to ensure consistent application across the title IV-E caseload.

Source/Date

Questions and Answers on the Final Rule (65 FR 4020 (1/25/00)

Legal and Related References

Social Security Act - section 475 (5); 45 CFR 1355.20

8.3C.2e TITLE IV-E, Foster Care Maintenance Payments Program, State Plan/Procedural Requirements, Case review system, termination of parental rights

5. Question:

Please explain how the termination of parental rights (TPR) requirement applies to Indian tribes and it's relationship to Indian Child Welfare Act requirements. (Deleted July 29, 2026)

Answer:

The Indian Child Welfare Act of 1978 (ICWA), Public Law 95-608, was passed in response to concerns about the large number of Indian children who were being removed from their families and tribes and the failure of States to recognize the culture and tribal relations of Indian people. ICWA, in part, creates procedural protections and imposes substantive standards on the removal, placement, termination of parental rights and consent to adoption of children who are members of or are eligible for membership in an Indian tribe. The addition of the requirement in section 475 (5)(E) of the Social Security Act (the Act) to file a petition for TPR for certain children in no way diminishes the requirements of ICWA for the State to protect the best interests of Indian children. Furthermore, States are required to comply with the ICWA requirements and develop plans that specify how they will comply with ICWA in section 422 (b)(9) of the Act. The requirement in section 475 (5)(E) of the Act applies to Indian tribal children as it applies to any other child under the placement and care responsibility of a State or tribal agency receiving title IV-B or IV-E funds. While we recognize that termination of parental rights and adoption may not be a part of an Indian tribe's traditional belief system or legal code, there is no statutory authority to provide a general exemption for Indian tribal children from the requirement to file a petition for TPR. If an Indian tribe that receives title IV-B or IV-E funds has placement and care responsibility for an Indian child, the Indian tribe must file a petition for TPR or, if appropriate, document the reason for an exception to the requirement in the case plan, on a case-by-case basis.

Source/Date

Preamble to the Final Rule (65 FR 4020) (1/25/00)

Legal and Related References

Social Security Act - sections 422 (b)(9) and 475 (5)(E); 45 CFR 1356.21 (i); The Indian Child Welfare Act of 1978 (PL 95-608)

6. Question:

May the State or Tribe define compelling reasons for not filing a petition to terminate parental rights (TPR) in State law or Tribal code? (Deleted July 29, 2026)

Answer:

No. States and Tribes may not develop a standard list of compelling reasons for not filing for TPR that exempts groups of children. Such a practice is contrary to the requirement that determinations regarding compelling reasons be made on a case-by-case basis. States and Tribes may, however, provide case workers examples of such for training purposes.

Source/Date

Preamble to the Final Rule (65 FR 4020) (1/25/00)

Legal and Related References

Social Security Act - section 475 (5)(E); 45 CFR 1356.21 (i)

8.3C.4 TITLE IV-E, Foster Care Maintenance Payments Program, State Plan/Procedural Requirements, Reasonable efforts

5. Question:

Can Indian tribes identify, in tribal code, those aggravated circumstances in which reasonable efforts are not required in accordance with section 471 (a)(15)(D)(i) of the Social Security Act? (Deleted July 29, 2026)

Answer:

When entering into a title IV-E agreement with a State, the tribe must adhere to the list of aggravated circumstances defined in State law. The statute at section 471 (a)(15)(D)(i) specifically requires that the aggravated circumstances in which reasonable efforts are not required be defined in State law. Moreover, other public agencies and tribes that enter into agreements with the State agency are not operating or developing their own title IV-E program separate and apart from that operated under the State plan. Rather, the agency or tribe is agreeing to operate the title IV-E program established under the State plan for a specific population of children in foster care. Therefore, the other public agency or tribe is bound by any State statute related to the operation of the title IV-E program. We expect the State child welfare agency to engage the tribes, and any other agency with which it has title IV-E agreements, in developing its list of aggravated circumstances.

Source/Date

Preamble to the Final Rule (65 FR 4020) (1/25/00)

Legal and Related References

Social Security Act - section 471 (a)(15)(D) and 478; 45 CFR 1356.21 (b)(3)

8.4A TITLE IV-E, General Title IV-E Requirements, AFDC Eligibility

2. Question:

Under the following circumstances, is the child eligible for title IV-E foster care? Aid to Families with Dependent Children (AFDC) eligibility for a child is based on incapacity of the parent. In the month following removal, the parent is no longer consider incapacitated. By the time of the twelve month eligibility redetermination, the family is no longer eligible for AFDC. What is the title IV-E status of the child? (Deleted April 27, 2010)

Answer:

The child is not eligible for title IV-E foster care unless the AFDC deprivation requirement is met. Incapacity of a parent is one of the reasons a child may be determined to be deprived of parental support or care under AFDC (reference section 406 (a) and 407 of the Act (as such sections were in effect on July 16, 1996) and 45 CFR 233.90 (c)(1)(i)). Eligibility ends when the parent is no longer incapacitated, unless a different reason for deprivation has emerged, such as death or absence from the home.

Source/Date

ACYF-CB-PIQ-85-07 (6/25/85)

Legal and Related References

Social Security Act - sections 406 (a) and 407 (as in effect on July 16, 1996); 45 CFR 233.90

3. Question:

When continued deprivation cannot be substantiated after initial eligibility has been established because the whereabouts of the parent from whom the child was removed cannot be determined, is the child no longer eligible under title IV-E? (Deleted April 27, 2010)

Answer:

The inability to determine the whereabouts of the parent from whose home the child was removed does not preclude continuing eligibility for title IV-E foster care maintenance payments.

At the time of the twelve month redetermination of eligibility, both need and deprivation must be documented. Deprivation of parental support or care may be based on the death, continued absence from the home, physical or mental incapacity of a parent, or at State option, unemployment of the principal wage earner. If the whereabouts of the parent from whose home the child was removed cannot be determined by the State agency at the time of redetermination and documentation in the case record verifies the efforts made to locate the parent(s), then deprivation may be established based on continued absence from the home.

However, the continued absence of the parents from the home must be accompanied by factors such as set forth in 45 CFR 233.90 (c)(1)(iii): "...When the nature of the absence is such as either to interrupt or to terminate the parent's functioning as provider of maintenance, physical care, or guidance for the child, and the known or indefinite duration of the absence precludes counting on the parent's performance of the function of planning for the present support or care of the child."

While the specific circumstances of either of the parents may not be known to the agency, documentation of their continued absence is required in order to redetermine the child's eligibility for title IV-E foster care. The method for substantiation of the parents' absence is left to State policy and procedure.

If the child had been removed from the home of a relative rather than from the parent(s)' home, the relative's home is reviewed at the time of redetermination to establish continuing deprivation of parental support and care. If either or both parents are not in that household at redetermination, then the child is so deprived, based on continued absence of the parent(s) from that home.

On the other hand, the continued absence of parents from the home cannot be used as basis for determining that a child is initially deprived of parental support or care, in cases where there is an inability to document that the child had been living in the home of any parent or relative, e.g., in the case of an abandoned child.

Source/Date

ACYF-CB-PIQ-85-07 (6/25/85)

Legal and Related References

Social Security Act - sections 406 (a) and 472 (a); 45 CFR 233.90

4. Question:

During the time the child is receiving title IV-E foster care payments, the parental rights of his parents are terminated. The child is subsequently moved into a residential care facility which is not eligible to receive foster care payments and the title IV-E case is discontinued. Later, he is again placed into a foster home and reapplication for title IV-E foster care is made. In considering eligibility for this reapplication, the deprivation at the time of court action, found initially and verified under the old foster care case, can be utilized. However, to meet the requirement of "continues to be eligible," must deprivation with regard to the natural parents again be established or may the termination of parental rights be used to constitute deprivation? (Deleted April 27, 2010)

Answer:

A redetermination of the deprivation factor at that time would consist of a confirmation that the conditions at the time of removal from the home continued to exist or that termination of parental rights (TPR) had occurred. In the latter case, the TPR would, from that point and throughout this course of foster care, become the reason for continuing eligibility in terms of the deprivation factor.

Source/Date

ACYF-CB-PIQ-86-03 (5/9/86)

Legal and Related References

Social Security Act - sections 406 (a) and 407 (as in effect on July 16, 1996); 45 CFR 233.90

9. Question:

If, under a waiver pursuant to section 1115 (a) of the Social Security Act (an 1115 (a) waiver), the State denied benefits to a child who would otherwise meet the requirements of the Aid to Families with Dependent Children (AFDC) program, would that child then be ineligible for title IV-E foster care maintenance or adoption assistance payments, should that child come into State care? (Deleted February 18, 2020)

Answer:

No. A State's 1115 (a) waiver of AFDC requirements does not affect eligibility for title IV-E foster care maintenance or adoption assistance payments. Regardless of whether the rules and provisions of a State's section 1115 (a) waiver broaden or restrict AFDC eligibility, those waiver rules shall not be applied in making title IV-E eligibility determinations.

Source/Date

ACYF-CB-PIQ-96-02 (12/12/96)

Legal and Related References

Social Security Act - section 1115

1. Question:

Section 108(d) of the Personal Responsibility Work Opportunity Reconciliation Act (PRWORA) (as amended by the Balanced Budget Act of 1997, P.L. 105-33) links eligibility for Federal foster care and adoption assistance to the Aid to Families with Dependent Children (AFDC) program as it was in effect on July 16, 1996. Section 401(a) of PRWORA limits Federal public benefits to "qualified aliens." The term "qualified alien" was not defined or in use on July 16, 1996. How are title IV-E agencies to apply these two provisions? (Deleted July 29, 2026)

Answer:

Alien children must be eligible for AFDC under a State's July 16, 1996 plan and must also meet the PRWORA definition of "qualified alien" to be eligible for title IV-E foster care maintenance or adoption assistance.

Source/Date

ACYF-CB-PIQ-99-01 (1/14/99) (revised 6/6/13, 2/18/20)

Legal and Related References

Social Security Act - sections 472(a)(4) and 473(a)(2)(B); the Personal Responsibility Work Opportunity Reconciliation Act (PL 104-193); Balanced Budget Act of 1997 (PL 105-33)

8. Question:

May the income of a foster care child be pro-rated among the siblings who are placed in the same living arrangement with that child? May resources considered similarly in the same situation? In other words, may the children be considered an assistance group or must each child be a separate assistance unit? (Deleted July 29, 2026)

Answer:

Each child in foster care, whether placed alone or in the same foster care facility as his or her siblings, is considered a separate unit for purposes of determing eligibility for title IV-E foster care. Only income that is actually received by a child in foster care is counted as available to meet the child's needs and the income and resources of the foster child would not be considered as available to siblings placed or living in the same foster home.

Source/Date

ACYF-CB-PIQ-86-03 (5/9/86)

Legal and Related References

Social Security Act - sections 406 (a) and 407 (as in effect on July 16, 1996); 45 CFR 233.90

12. Question:

Pursuant to the provisions of the Foster Care Independence Act of 1999, Section 472(a) of the Social Security Act was amended to permit an increase in the value of resources allowable for title IV-E eligibility to $10,000. What is the effective date of this amendment? (Deleted July 29, 2026)

Answer:

The effective date of the amendment to section 472(a) of the Social Security Act (the Act) made by the Foster Care Independence Act of 1999 is December 14, 1999. (Note: The current citation for the foster care program is section 472(a)(3)(B) and for the adoption assistance program is section 473(a)(2)(A)(i)(I)(aa)(BB) of the Act).

Source/Date

Questions and Answers on the Chafee Foster Care Independence Program 7/29/01; revised 7/17/06, 2/18/20

Legal and Related References

Social Security Act - sections 472(a)(3)(B) and 473(a)(2)(A)(i)(I)(aa)(BB)

14. Question:

What is the definition of unemployed parent for purposes of completing the AFDC portion of a title IV-E eligibility determination? (Deleted July 29, 2026)

Answer:

The Administration for Children and Families (ACF) and the Centers for Medicaid and Medicare Services (CMS) amended the definition of unemployed parent at 45 CFR 233.101(a)(1) in 1998 in response to the replacement of the former AFDC program with the Temporary Assistance for Needy Families (TANF) program. Each State was required to establish a reasonable standard for measuring unemployment in order to determine whether an individual qualified for benefits under TANF or Medicaid and whether a child met the AFDC portion of title IV-E eligibility. The amended regulation specifically permits States to consider hours of work, dollar amounts earned, and family size in establishing the reasonable standard of unemployment.

Source/Date

6/23/2003

Legal and Related References

Public Law 104-193; 45 CFR 233.101(a)(1); 63 FR 42270-42275, August 7, 1998.

26. Question:

If a tribal title IV-E agency's service area spans more than one state, how should the agency determine whether the child is AFDC eligible? (Deleted July 29, 2026)

Answer:

The tribal title IV-E agency must use the AFDC plan (as it was in effect on July 16, 1996) of the state where the child resides (479B(c)(1)(C)(ii)(II) of the Act). However, the tribal title IV-E agency may determine the state in which a child resides in accordance with tribal law or policy.

Source/Date

12/10/2015

Legal and Related References

479B(c)(1)(C)(ii)(II)

27. Question:

What is the definition of "relative ? for the title IV-E program? (Deleted July 29, 2026)

Answer:

Source/Date

8/8/2024

Legal and Related References

8.4B TITLE IV-E, General Title IV-E Requirements, Aliens/Immigrants

13. Question:

May a title IV-E agency deny access to services provided under the title IV-E Prevention Program based on the immigration status of the child, parent, or family members? (Deleted July 29, 2026)

Answer:

Title IV-E agencies that choose to operate the title IV-E Prevention Program may not deny children access to these services based on their immigration status or the immigration status of their family members.

The title IV-E Prevention Program is a "federal public benefit" under the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA) as defined in section 401(c)(1)(B) of PRWORA. PRWORA defines federal public benefits to include "any…welfare, health…or any other similar benefit for which payments or assistance are provided to an individual, household, or family eligibility unit by an agency of the United States or by any appropriated funds of the United States." Title IV-E Prevention Services would be considered welfare, health, or similar benefits.

HHS "interpret[s] the phrase 'individual, household, or family eligibility unit' to refer to benefits that are (1) provided to an individual, household, or family, and (2) the individual, household, or family must, as a condition of receipt, meet specified criteria (e.g., a specified income level or residency) in order to be conferred the benefit, that is, they must be an 'eligibility unit.'" (See 63 FR 41658-01; Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA) Interpretation of "Federal Public Benefit"). As eligibility for IV-E prevention services is limited to children who meet the requirements of Section 471(e)(2) of the Act as candidates for foster care or pregnant/parenting foster youth, title IV-E prevention services qualify as federal public benefits under PRWORA.

However, PRWORA provides an exception from restrictions on immigrant access to federal public benefits if they fall within the "necessary for the protection of life or safety" exception of 8 U.S.C. § 1611(b)(1)(D) and if they are in-kind services delivered at the community level, which are not conditioned on the recipient's income or resources. The Attorney General has determined that "services and assistance relating to child protection" fall under the "life or safety" exception to the PRWORA. Order No. 2353-2001, 66 Fed. Reg. 3616 (Jan. 16, 2001). Accordingly, because title IV-E Prevention Program services are services and assistance relating to child protection and meet the other requirements of the Attorney General's order, they are not subject to the citizenship and qualified alien requirements of PRWORA.

Source/Date

1/15/2025 (updated 12/10/2025)

Legal and Related References

Social Security Act - Title IV-E; ACYF-CB-IM-98-04; 8 U.S.C. § 1611(a) and (b)(1)(D).; Attorney General Order No. 2353-2001, 66 Fed. Reg. 3616 (Jan. 16, 2001).

8.4C TITLE IV-E, General Title IV-E Requirements, Child support

2. Question:

A child for whom title IV-E adoption assistance payments are made re-enters foster care and becomes eligible for title IV-E foster care maintenance payments. Must the title IV-E agency refer the child to the title IV-D agency to establish and collect child'support? (Deleted June 08, 2022)

Answer:

Title IV-E agencies are required to refer children receiving title IV-E foster care to title IV-D for child'support enforcement, but are afforded some degree of flexibility by title IV-E in determining which cases are appropriate for referral. The title IV-E plan must provide that, "where appropriate all steps will be taken, including cooperative efforts with the State agencies administering the plans approved under parts A and D, to secure an assignment to the State of any rights to support on behalf of each child receiving foster care maintenance payments under this part" (Section 471(a)(17) of the Social Security Act).

To determine if a case is "appropriate" to refer to the title IV-D agency, the title IV-E agency should evaluate it on an individual basis, considering the best interests of the child and the circumstances of the family. For example, is the parent working towards reunification with the child, consistent with the case plan? Would the referral impede the parent's ability to reunify with the child? Has the parent agreed to pay for the costs of out-of-home care or to temporarily accept a reduction in the adoption assistance payment? Questions of this nature should guide the agency's decision making regarding whether or not the referral should be made to the title IV-D agency.

Source/Date

ACYF-CB-PIQ-98-02 (9/03/98) (revised 6/6/13)

Legal and Related References

Social Security Act - section 471(a)(17)

3. Question:

If the State title IV-E agency refers to the title IV-D agency a child in foster care on whose behalf a title IV-E adoption assistance subsidy is being paid, can the court or the administrative body limit the child'support award to the amount of the adoption assistance subsidy? (Deleted April 13, 2020)

Answer:

Each State is required by Federal statute and regulation to establish guidelines for child'support awards within the State that "take into consideration all earnings and income of the absent parent" (45 CFR 302.56(c)). The court or administrative body setting the award must presume that the amount resulting from the application of these guidelines is the correct amount of child'support to be paid (section 467(b)(2) of the Social Security Act; 45 CFR 302.56(f)). It is unlikely that the presumptive child'support obligation determined according to the State child'support guidelines would be equal to the adoption subsidy amount.

Federal law, however, allows the court to deviate from the presumptive amount determined pursuant to the State child'support guidelines. In order to deviate from the presumptive amount required by the guidelines, the court must make written findings on the record, documenting why the guidelines amount is unjust or inappropriate in a given case. These findings must be based on criteria that are established by the State that support a deviation from the guidelines (section 467(b)(2); 45 CFR 302.56 (g)). ACF recommends that the title IV-E agency collaborate with the title IV-D agency to review and recommend criteria for deviations that would support the best interests of the child.

Source/Date

ACYF-CB-PIQ-98-02 (9/03/98)

Legal and Related References

Social Security Act - section 467(b)(2); 45 CFR 302.56

4. Question:

Must adoption assistance payments be included in the definition of "all earnings and income" as described in the child'support regulations at 45 CFR 302.56(c) for the purpose of determining the child'support award? (Deleted April 13, 2020)

Answer:

Adoption assistance payments may or may not be included in a State's definition of "all earnings and income" for the purpose of determining a child'support award. Federal regulations implementing the Federal child'support laws require that State guidelines take into consideration "all earnings and income of the absent parent" but afford States the discretion to define the term.

Source/Date

ACYF-CB-PIQ-98-02 (9/03/98)

Legal and Related References

45 CFR 302.56 (c)

8.4E TITLE IV-E, General Title IV-E Requirements, Confidentiality

4. Question:

Under what authority may the Department review closed or sealed foster care records, particularly for those children who have been adopted? (Deleted July 29, 2026)

Answer:

Section 471(a)(8) of the Social Security Act requires a title IV-E plan to provide safeguards restricting use and disclosure of information concerning individuals assisted by the title IV-E programs. It also indicates that a title IV-E plan must provide: Safeguards which restrict the use of information concerning individuals assisted under the Plan to purposes directly connected with... (C) the administration of any other federal or federally assisted program which provides assistance, in cash or in kind, or services, directly to individuals on the basis of need, and (D) any audit or similar activity conducted in connection with the administration of any such plan or program by any governmental agency which is authorized by law to conduct such audit or activity; and the safeguards so provided shall prohibit disclosure, to any committee or legislative body (other than an agency referred to in (D), with respect to any activity referred to in such clause), of any information which identifies by name or address any such applicant or recipients except that nothing contained herein shall preclude a State or Tribe from providing standards which restrict disclosures to purposes more limited than those specified herein, or which in the case of adoptions, prevent disclosure entirely. While the language of section 471(a) (8) (D) provides that States and Tribes may restrict disclosure entirely of adoption assistance records, that subsection, read in its entirety and in harmony with other sections of the Act, indicates that Congress did not intend to restrict access to federal auditors of information essential for audits under the title IV-E programs. In particular, section 471(a) (8) (D) itself provides for disclosure of information concerning individuals assisted by the title IV-E programs for purposes directly connected with audits conducted by the Federal Government and otherwise authorized by law. The authority for Federal audits of the title IV-E programs is expressly provided for under section 471 (a)(6). That section requires that a Plan, in order to qualify for FFP for title IV-E, provide that the appropriate agency will make such reports, in such form and containing such information as the Secretary may from time to time find necessary to assure the correctness and verification of such reports. The legislative history of section 471(a)(8) also reveals that while Congress was concerned about providing safeguards which limited access to information on individuals assisted by the title IV-E programs, it did not intend to hinder the essential function of Federal audits. Thus, while Congress extended to States and Tribes the option of imposing restrictions broader than those imposed in the past on the disclosure of information for the protection of the confidentiality of recipients of adoption assistance, it did not impede essential auditing functions by those authorized to conduct such audits. Accordingly, in the case of reviews of the eligibility of foster care and adoption assistance claims, the title IV-E agency must make available foster care and adoption records (including sealed foster care and adoption records) in order to document the eligibility of the beneficiaries (children) and related costs of administration. If the requested records cannot or are not made available, all payments made on behalf of the children whose records have not been made available for review and associated costs will be disallowed.

Source/Date

ACYF-PA-85-02 (12/19/85) (revised 6/6/13)

Legal and Related References

Social Security Act - sections 471 (a)(6) and (8) and 479Bb; H.R. Rep. Conf. No. 96-900, 96th Congress 2nd Session 44 (1980)

8.4F TITLE IV-E, General Title IV-E Requirements, Criminal Record and Registry Checks

2. Question:

Does the criminal background check provision require checks at the State level, Federal level, or both? (Deleted January 31, 2007)

Answer:

The statute is silent with respect to this issue. Therefore, the State may exercise its discretion in choosing whether to conduct criminal records checks at the State or Federal level.

Source/Date

Preamble to the Notice of Proposed Rulemaking (63 FR 50058) (9/18/98)

Legal and Related References

Social Security Act - section 471(a)(20); 45 CFR 1356.30

3. Question:

Does the criminal records checks provision apply to foster parents and adoptive parents whose licensure or approval predates the passage of the Adoption and Safe Families Act? (Deleted September 20, 2007)

Answer:

The provision applies to "prospective" foster and adoptive parents. Therefore, the provision applies to foster and adoptive parents who are licensed or approved after the date of enactment of the law (November 19, 1997), or the approved delayed effective date if the State required legislation to implement the provision.

Source/Date

Preamble to the Final Rule (65 FR 4020) (1/25/00)

Legal and Related References

Social Security Act - section 471 (a)(20); 45 CFR 1356.30

27. Question:

Is a State able to comply with section 471(a)(20)(A) of the Social Security Act (the Act) if the State is unable to take legible fingerprint impressions of the prospective parent to whom the requirements apply? (Deleted July 02, 2007)

Answer:

No. The State cannot comply with the statute if it is unable to obtain legible fingerprint impressions. Section 471(a)(20)(A) of the Act requires States to have procedures for conducting fingerprint-based checks of national crime information databases (NCID) for certain prospective foster and adoptive parents. A fingerprint of the prospective foster/adoptive parent may be taken through whatever means the State chooses, such as the conventional ink method or a "live scan" fingerprint, which is a computer digitized method.

Source/Date

4/24/2007

Legal and Related References

Social Security Act § section 471(a)(20)(A)

6. Question:

May an Indian tribe elect not to conduct or require criminal records checks on foster or adoptive parents if it obtains an approved resolution from the governing body of the Indian tribe? (Deleted July 29, 2026)

Answer:

No. Tribes may only receive title IV-E funds pursuant to a title IV-E agreement with a State. A Tribe that enters into such an agreement must comport with section 471 (a)(20) of the Social Security Act (the Act) and section 1356.30 in accordance with the State plan in order to receive title IV-E funding on behalf of children placed in the homes it licenses. Agreements between the State child welfare agency and other public agencies or Tribes permit those entities to have placement and care responsibility for a particular group of the foster care population under the approved State plan. Such agreements do not permit other public agencies or tribes to develop a distinct title IV-E program separate from that operated under the approved State plan.

Source/Date

Preamble to the Final Rule (65 FR 4020) (1/25/00)

Legal and Related References

Social Security Act - section 471(a)(20); 45 CFR 1356.30

17. Question:

Must a State make a registry check request pursuant to section 471(a)(20)(C)(i) of the Social Security Act (the Act) of a State which is not yet required to comply with such a request due to having an ACF-approved delayed effective date for section 471(a)(20)(C)(ii) of the Act? (Deleted July 29, 2026)

Answer:

Yes. Section 471(a)(20)(C)(i) of the Act requires a State to request a check of information in another State's child abuse and neglect registry in which a prospective foster parent, adoptive parent, or adult in the home has resided in the preceding five years. A State seeking to approve or license prospective foster or adoptive parents must request the information on all adults in the prospective foster/adoptive home, even if the other State that maintains a child abuse and neglect registry has an ACF-approved delayed effective date.

Source/Date

13-Apr-07

Legal and Related References

Social Security Act - section 471(a)(20)(C)(i)

19. Question:

How should a State proceed when another State that maintains a child abuse and neglect registry does not respond to an out-of-State request to check a child abuse and neglect registry pursuant to section 471(a)(20)(C)(i) of the Social Security Act (the Act)? (Deleted July 29, 2026)

Answer:

The State may not approve or license a prospective foster or adoptive home pursuant to section 471(a)(20)(C)(i) of the Act without the results of a State-maintained child abuse and neglect registry check of another State where the prospective parents or other adults in the home have lived in the past five years, unless the results are not provided because the other State has an ACF-approved delayed effective date. A State that believes that another State that maintains a registry is not responding appropriately to an information request for a reason other than an ACF-approved delayed effective date should contact their ACF regional office. ACF may conduct a partial review pursuant to 45 CFR 1355.32(d) to determine the State's compliance with the title IV-E State plan.

Source/Date

13-Apr-07

Legal and Related References

Social Security Act - section 471(a)(20)(C)(i) and (ii); 45 CFR 1355.32(d)

20. Question:

How should a State that maintains a child abuse and neglect registry and has an ACF-approved delayed effective date respond to incoming requests for child abuse and neglect registry information on prospective adoptive and foster parents pursuant to section 471(a)(20)(C) of the Social Security Act? Is that State out of compliance with the law if it does not provide the information? (Deleted July 29, 2026)

Answer:

The statute does not prescribe how a State with an ACF-approved delayed effective date should respond when denying a request for child abuse and neglect registry information from another State. The State is not out of compliance with the statute if it is unable to provide the information in its registry to another State on the adults living in the home of a prospective foster and adoptive parent before the ACF-approved effective date on which it is required to comply.

Source/Date

13-Apr-07

Legal and Related References

Social Security Act - section 471(a)(20)(C)

21. Question:

If a State has verified that another State does not maintain a child abuse and neglect registry, is the State still required by section 471(a)(20)(C)(i) of the Social Security Act (the Act) in every case to make a request to that other State? (Deleted July 29, 2026)

Answer:

No. The requirement in section 471(a)(20)(C)(i) of the Act to request a check for child abuse and neglect registry information in another State in which the prospective parent or other adult has resided in the preceding five years is inapplicable if that other State does not maintain a child abuse and neglect registry.

Source/Date

13-Apr-07

Legal and Related References

Social Security Act - section 471(a)(20)(C)(i)

22. Question:

Some States have procedures that predicate releasing information from their State-maintained child abuse and neglect registry on the requesting State meeting certain conditions. For example, some States require the requesting State to obtain a notarized release or consent from the prospective foster or adoptive parent and others charge a fee for the information. Is this permissible? (Deleted July 29, 2026)

Answer:

Yes. The statute does not prohibit a State from establishing procedures or charging fees for another State to access information from its State-maintained child abuse and neglect registry. As long as the State that maintains the registry enables another State to request and check information in that registry, the State is meeting the requirement in section 471(a)(20)(C)(ii) of the Social Security Act. Any fees paid by the requesting State to another State to gain access to information in a State-maintained child abuse and neglect registry pursuant to section 471(a)(20)(C)(i) of the Act may be reimbursed as direct title IV-E administrative costs.

Source/Date

13-Apr-07

Legal and Related References

Social Security Act - section 471(a)(20)(C)

25. Question:

Is an Indian tribe that has a title IV-E agreement under section 472(a)(2)(B)(ii) of the Social Security Act (the Act) permitted an exemption or exception to the background check provisions of section 471(a)(20) of the Act? (Deleted July 29, 2026)

Answer:

No. An Indian tribe with a section 472(a)(2)(B)(ii) agreement must meet the requirements of section 471(a)(20) of the Act for any prospective foster or adoptive parent who will provide care for a child who will receive title IV-E foster care maintenance payments or title IV-E adoption assistance payments.

Source/Date

13-Apr-07

Legal and Related References

Social Security Act § sections 471(a)(20)(A) and 472(a)(2)(B)(ii)

35. Question:

May a title IV-E agency claim title IV-E foster care maintenance payments for children placed in child care institutions if the agency does not have approved criminal record check procedures in place by its effective date or delayed effective date as required section 471(a)(20) of the Social Security Act (the Act) and is under a program improvement plan? (Deleted July 29, 2026)

Answer:

No. Congress specified an effective date for the criminal record check requirements in section 471(a)(20)(D) of the Act and possible delayed effective dates by which a title IV-E agency that required legislation must have implemented this provision. As such, a title IV-E agency may not claim title IV-E foster care maintenance payments for children placed in child care institutions while under a program improvement plan because it does not have its criminal record procedures developed and approved by its effective date or delayed effective date.

Source/Date

8/22/2019

Legal and Related References

Social Security Act - section 471(a)(20)(D)

37. Question:

The Act at 471(a)(20)(B) and (D) requires that the title IV-E agency request child abuse and neglect registry information from any State or tribe with an approved title IV-E plan where the adult who works in the child care institution has resided over the preceding five years. From which date are these five years calculated for adults already working in the institution? (Deleted July 29, 2026)

Answer:

For each adult working in the child care institution, the agency may calculate the preceding five-year period for this requirement using its effective date for section 471(a)(20)(B) and (D), or through another method as approved in its title IV-E plan.

Source/Date

8/22/2019

Legal and Related References

Social Security Act - section 471(a)(20)(B) and (D)

8.4H TITLE IV-E, General Title IV-E Requirements, Safety Requirements

1. Question:

Is the requirement for criminal records checks extended to the staff of child-care institutions, unlicensed relative homes? (Deleted July 29, 2026)

Answer:

See CWPM sections 8.3A.8C and 8.4F.

Source/Date

Preamble to the Final Rule (65 FR 4020) (1/25/00) (revised 6/6/13;4/15/20)

Legal and Related References

Social Security Act - section 471 (a)(20); 45 CFR 1356.30; Child Welfare Policy Manual sections 8.3A.8C and 8.4F

8.5 Guardianship Assistance Program

3. Question:

Describe the case plan requirements for children who have a permanency plan of relative guardianship. (Deleted July 29, 2026)

Answer:

Section 475(1)(F) of the Social Security Act requires the title IV-E agency to include specific information in the case plan for each child with a permanency plan of placement with a relative guardian and receipt of kinship guardian assistance payments. The case plan must describe the following: 1) how the child meets the eligibility requirements; 2) the steps the agency has taken to determine that return to the home or adoption is not appropriate; 3) the efforts the agency has made to discuss adoption with the child's relative foster parent and the reasons why adoption is not an option; 4) the efforts the agency has made to discuss kinship guardianship with the child's parent or parents or the reasons why efforts were not made; 5) the reason why a permanent placement with a prospective relative guardian and receipt of a kinship guardian assistance payment is in the child's best interests; and 6) the reasons for any separation of siblings during placement. If the child's placement with the prospective relative guardian does not include siblings, the case plan must also include a description of the reasons why the child is separated from siblings during placement.

Source/Date

8/12/2009

Legal and Related References

Social Security Act § section 475(1)(F)

5. Question:

May a title IV-E agency that is operating a title IV-E guardianship assistance program (GAP) claim allowable administration and training costs? (Deleted July 29, 2026)

Answer:

A title IV-E agency that is operating a title IV-E GAP may claim allowable administrative and training costs for the proper and efficient administration of the guardianship assistance program.

Source/Date

8/12/2009

Legal and Related References

Social Security Act § section 474(a)(3)

9. Question:

What is the definition of "relative ? for the title IV-E program? (Deleted July 29, 2026)

Answer:

Source/Date

8/8/2024

Legal and Related References

8.5A Guardianship Assistance Program, Agreements

1. Question:

What are the requirements for a title IV-E kinship guardianship agreement? (Deleted July 29, 2026)

Answer:

Section 473(d)(1)(A) of the Social Security Act (the Act) requires that a title IV-E agency negotiate and enter into a written, binding kinship guardianship assistance agreement with the prospective relative guardian, and provide the prospective relative guardian with a copy of the agreement. Section 473(d)(1)(B) of the Act prescribes certain requirements for the kinship guardianship assistance agreement. It must specify the following: the amount of, and manner in which the kinship guardianship assistance payment will be provided to the prospective relative guardian; the manner in which the payment may be adjusted periodically, in consultation with the relative guardian, based on the circumstances of the relative guardian and the needs of the child; the additional services and assistance for which the child and relative guardian will be eligible under the agreement; and the procedure by which the relative guardian may apply for additional services. Additionally, the kinship guardianship assistance agreement must provide that the agreement will remain in effect without regard to the State of residency of the relative guardian pursuant to 473(d)(1)(C) of the Act, and must specify that the agency will pay the total cost of nonrecurring expenses associated with obtaining legal guardianship of the child to the extent the total cost does not exceed $2,000.

Source/Date

8/12/2009

Legal and Related References

Social Security Act § section 473(d)(1)

2. Question:

For the Guardianship Assistance Program (GAP), does a title IV-E agency have the flexibility to establish a cap on specific components (e.g., attorney fees) of the nonrecurring expenses that it must pay in connection with obtaining legal guardianship of the child? (Deleted July 29, 2026)

Answer:

No. Section 473(d)(1)(B)(iv) of the Social Security Act provides that a GAP agreement must specify, among other things, that the title IV-E agency will pay the ?total cost of nonrecurring expenses associated with obtaining legal guardianship of the child, to the extent the total cost does not exceed $2,000.? Such language does not permit a title IV-E agency the discretion to establish such a cap on specific items that qualify as nonrecurring expenses.

Source/Date

2/24/2011

Legal and Related References

Social Security Act § section 473(d)(1)(B)(iv)

8.5B Guardianship Assistance Program, Eligibility

1. Question:

May a title IV-E agency that operates the Guardianship Assistance Program (GAP) require a child to have resided in foster care with the prospective relative guardian for a minimum period longer than six consecutive months for the child to be eligible for the GAP program? (Deleted March 24, 2010)

Answer:

No. Section 473(d)(3)(A)(i)(II) of the Social Security Act (the Act) provides that an otherwise eligible child must have been eligible for title IV-E foster care maintenance payments while residing in the foster home of the prospective guardian ?for at least 6 consecutive months.? This means that after being in foster care and eligible for title IV-E foster care maintenance payments for six consecutive months while residing with the licensed or approved prospective guardian, an otherwise eligible child is eligible for the GAP. A title IV-E agency may not impose a longer time frame or other eligibility requirements beyond those contained in the statute.

Source/Date

5/29/2009

Legal and Related References

Social Security Act § section 473(d)(3)(A)(i)(II)

3. Question:

If the relative guardian receiving title IV-E Guardianship Assistance Program (GAP) payments on behalf of a child dies or is no longer able to care for the child, is the child automatically eligible for the GAP program if placed with a subsequent guardian? (Deleted October 09, 2014)

Answer:

No. The child is not automatically eligible for the GAP program if he/she is placed with a subsequent guardian because the subsequent relative guardian must meet the requirements in sections 471(a)(28) and 473(d) of the Social Security Act (Act) and the child must meet the requirements of either section 473(d)(3)(A) or (B).

Source/Date

5/29/2009

Legal and Related References

Social Security Act § sections 471(a)(28) and 473(d))

4. Question:

If the relative guardian receiving title IV-E Guardianship Assistance Program (GAP) payments on behalf of a child dies or is no longer able to care for the child, may the GAP payments be transferred to a third party? (Deleted October 09, 2014)

Answer:

No. Section 473(d) of the Social Security Act (the Act) does not make any provision for title IV-E guardianship assistance agreements or payments to transfer to a third party.

Source/Date

5/29/2009

Legal and Related References

Social Security Act § section 473(d)(3)

5. Question:

Describe the child eligibility requirements for the title IV-E kinship guardianship assistance program (GAP). (Deleted July 29, 2026)

Answer:

To be eligible for title IV-E GAP, a child must have been: 1) removed from his or her home pursuant to a voluntary placement agreement or as a result of a judicial determination that continuation in the home would be contrary to the welfare of the child; and 2) eligible for title IV-E foster care maintenance payments during at least a six consecutive month period during which the child resided in the home of the prospective relative guardian who was licensed or approved as meeting the licensure requirements as a foster family home. While the Social Security Act (the Act) does not require title IV-E foster care maintenance payments to have been paid on behalf of the child during the six month timeframe, it does require that such a child meet all title IV-E foster care maintenance payment eligibility criteria pursuant to section 472(a),(b) and (c) of the Act and 45 CFR 1356.21 in the home of the fully licensed or approved relative foster parent for a consecutive six-month period to be eligible for title IV-E kinship guardianship assistance payments with that prospective relative guardian (section 473(d)(3)(A)(i)(II) of the Act). Additionally, the title IV-E agency must determine that: 1) return home or adoption are not appropriate permanency options; 2) the child demonstrates a strong attachment to the prospective relative guardian; and 3) the relative guardian has a strong commitment to caring permanently for the child. The title IV-E agency must consult with a child who is 14 years or older regarding the kinship guardianship arrangement. These determinations are not judicial findings but rather determinations made by the title IV-E agency (section 473(d)(3)(A) of the Act).

Source/Date

8/12/2009

Legal and Related References

Social Security Act § sections 472 and 473(d)(3); 45 CFR 1356.21

9 TRIBES/INDIAN TRIBAL ORGANIZATIONS AND CONSORTIA (policies related to the tribal IV-B/E procedural requirements, tribal IVE agencies and title IV-E agreements)

2. Question:

If the child will not receive title IV-E foster care maintenance or adoption assistance payments, must a prospective foster parent or adoptive parent who will be licensed or approved by an Indian tribe meet the requirements of 471(a)(20) of the Social Security Act (the Act)? (Deleted July 29, 2026)

Answer:

No. The requirement at section 471(a)(20) of the Act is applicable to the title IV-E plan, with some additional conditions for claiming title IV-E payments and therefore does not extend to Indian tribal licenses or approvals if the child will not receive title IV-E foster care maintenance or adoption assistance payments.

Source/Date

April 13, 2007 (revised 12/11/14)

Legal and Related References

Social Security Act – sections 471(a)(20)

9.3 TRIBES/INDIAN TRIBAL ORGANIZATIONS, Responsibilities of the Bureau of Indian Affairs

1. Question:

Is it the State title IV-B/IV-E agency or the Bureau of Indian Affairs (BIA) that has responsibility for providing foster care and child welfare services to Indian children residing on or near an Indian reservation? (Deleted July 29, 2026)

Answer:

The BIA takes the position that its legislation and regulations make it the payor of last resort for Indian child welfare services, and that it will only provide assistance when it is not available from other sources (see 25 CFR 20.3). Therefore, the BIA does not become involved in paying for Indian child welfare services or foster care payments until the State and the Tribes have determined that assistance or services are not otherwise available. The availability of payments and services, however, must not be based on any discriminating practice which treats Indian children differently from other children.

Source/Date

ACYF-CB-PIQ-88-02 (1/27/88)

Legal and Related References

Social Security Act - sections 421, 422, 428 and 472; 25 CFR 20.3

9.4 TRIBES/INDIAN TRIBAL ORGANIZATIONS, Title IV-E Agreements

7. Question:

A placement is made by an Indian Tribe, can title IV-E payments be made (through a 472 agreement) only if the Tribe is certified by the State as a child placing agency? (Deleted July 29, 2026)

Answer:

No. Under title IV-E, Federal financial participation (FFP) is available for the costs of foster care maintenance for a child who meets the eligibility criteria in section 472 (a). For reimbursement under title IV-E, there is no further specification in the statute with regard to certification of a child placing agency which would preclude placement by an Indian Tribal organization or Indian Tribal court.

Source/Date

ACYF-PIQ-87-01 (3/25/87)

Legal and Related References

Social Security Act - section 472 (a)

10. Question:

Section 471(a)(20)(A)(i) and (ii) of the Social Security Act (the Act) prohibit a State from claiming title IV-E foster care maintenance payments or adoption assistance payments when prospective foster or adoptive parents have been convicted of certain crimes. Are there any exemptions or exceptions permitted from this requirement, such as the State or Indian tribe under a title IV-E agreement with the State considers the prospective parent rehabilitated or the placement is in the best interests of the child? (Deleted July 29, 2026)

Answer:

No, there are no exceptions to the requirements at section 471(a)(20)(A)(i) and (ii) of the Act, once the provision is effective in the State. The State, or an Indian tribe under a title IV-E agreement (pursuant to section 472(a)(2)(B)(ii) of the Act) has the discretion to place the child in a home where prospective parents have been convicted of such crimes. However, the State or Tribe may not claim title IV-E foster care maintenance or adoption assistance payments in such cases.

Source/Date

13-Apr-07

Legal and Related References

Social Security Act - sections 471(a)(20)(A) and 472(a)(2)(B)(ii)

9.2 TRIBES/INDIAN TRIBAL ORGANIZATIONS, Application of Title IV-E Eligibility Requirements for Title IV-E Tribal Agencies

1. Question:

A placement is made by an Indian Tribe, can title IV-E payments be made only if the Tribe is certified by the State as a child placing agency? (Deleted July 29, 2026)

Answer:

This question has moved to 9.4; question 7.

Source/Date

ACYF-PIQ-87-01 (3/25/87)

Legal and Related References

Social Security Act - section 472 (a)

2. Question:

Must foster family homes approved through the tribal process meet the same standard as homes licensed by the State? (Deleted July 29, 2026)

Answer:

This question has moved to 9.4; question 8.

Source/Date

ACYF-CB-PIQ-87-01 (3/25/87); Preamble to the Final Rule (65 FR 4020) (1/25/00)

Legal and Related References

The Indian Child Welfare Act of 1978; 45 CFR 1355.20

4. Question:

By what authority are Tribes restriced to licensing homes that are on or near Indian reservations? (Deleted July 29, 2026)

Answer:

This question has moved to 9.4; question 9.

Source/Date

Preamble to the Final Rule (65 FR 4020) (1/25/00)

Legal and Related References

The Indian Child Welfare Act of 1978; 45 CFR 1355.20

5. Question:

May a State establish and implement a policy that limits foster care maintenance payments and child welfare services for Indian children to only those who are title IV-E eligible? (Deleted July 29, 2026)

Answer:

This question has moved to 9; question 1.

Source/Date

ACYF-CB-PIQ-88-02 (1/27/88)

Legal and Related References

Social Security Act - sections 422, 428 and 472; 25 CFR 20.3

6. Question:

Answer:

This question has moved to 9; question 2.

Source/Date

13-Apr-07

Legal and Related References

Social Security Act - sections 471(a)(20)

7. Question:

Answer:

This question has moved to 9.4; question 10.

Source/Date

13-Apr-07

Legal and Related References

Social Security Act - sections 471(a)(20)(A) and 472(a)(2)(B)(ii)

8. Question:

Answer:

This question has moved to 9.4; question 11.

Source/Date

13-Apr-07

Legal and Related References

Social Security Act § sections 471(a)(20)(A) and 472(a)(2)(B)(ii)

Child Welfare Policy Manual UpdatesDeletions to the Manual

Child Welfare Policy Manual Updates

Deletions to the Manual