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Search Results
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1.2B.3 AFCARS, Data Elements and Definitions, Foster
Care Specific Elements, Episode and removal
circumstances |
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1.
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?
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2.
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?
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3.
What if the only reason for a child's removal from
home is mental abuse? How do you code this for AFCARS?
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4.
Please clarify the meaning of the terms removal,
placement, episode, and discharge.
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5.
Does the definition of Neglect include cases of
failure to provide supervision (non-supervision)?
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6.
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?
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7.
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?
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8.
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?
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1.2B.7 AFCARS, Data Elements and Definitions, Foster
Care Specific Elements, Placements |
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1.
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?
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2.
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?
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3.
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 07/05/2002) |
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4.
How do States indicate emergency shelter care - as
"institution" or "group home?"
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5.
Please provide a more inclusive definition of
Pre-Adoptive Home, Foster Family Home (Non-Relative),
Institution and Trial Home Visit.
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6.
"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?
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7.
Please clarify the meaning of the terms removal,
placement, episode, and discharge.
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8.
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?
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9.
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?
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10.
"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"?
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11.
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?
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12.
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?
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13.
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?"
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14.
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 07/05/2002) |
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15.
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?
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16.
How are children in shelter care indicated on the
AFCARS questionnaire?
(Deleted 07/05/2002) |
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17.
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?
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18.
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?
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19.
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?
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20.
The AFCARS definition of "institution" seems different
from the definition used for IV-E and adoption programs.
Why?
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21.
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"?
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22.
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?
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23.
If a child is on a trial home visit or has run away
how should the State report this child in AFCARS?
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24.
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?
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25.
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?
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1.3 AFCARS, Reporting Population |
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1.
Please clarify the definition of the AFCARS foster
care reporting population, that is, the children States
are to submit AFCARS data on.
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2.
Should children who are still receiving funding from
the State agency be reported on in AFCARS even if they
are age 18 or over?
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3.
Are past placement histories to be included or only
current active cases?
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4.
Do States report on the children in State custody even
though the State has no placement or financial
responsibility?
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5.
Do States report on children whose care is in the
control of tribal courts?
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6.
What guidelines or qualifiers, if any, exist as to the
inclusion of American Indian children in the AFCARS
reporting population?
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7.
Do States report on children in private agency care?
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8.
What is the relationship between State and tribal
organizations to access client data, especially non-IV-E
funded clients?
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9.
What agency submits data on adoption for children
placed out of State (i.e., cooperative placement
agreements)?
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10.
Under what circumstances, if any, should children in
emergency care be included in the AFCARS reporting
population?
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11.
Are children at home (i.e., trial home visits) to be
included in the AFCARS reporting population?
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12.
Are children in juvenile justice facilities included
in AFCARS reporting?
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13.
What if a child in care is known to two different
State agencies? Which agency should report on the child?
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14.
If the State has placement and financial payment
responsibility for some children, but the State does not
have custody, do we report them?
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2.1A.4 CAPTA, Assurances and Requirements, Access to
Child Abuse and Neglect Information, Public disclosure |
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1.
Section 106(b)92)(A)(x) of CAPTA requires States 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"?
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2.
The requirement for public disclosure states that
"findings or information" about a case must be
disclosed. Does this mean that States have the option to
disclose either the findings of the case, or information
which may be general in nature and address such things
as practice issues rather than provide case-specific
information?
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3.
One State has child fatality review panels that are
charged with the review and evaluation of child
fatalities and near fatalities in the State. In this
process, they evaluate the extent to which the agency is
effectively discharging its child protection
responsibilities. The child fatality review panels
publish an annual report that includes information,
findings and recommendations on each case, and this
report is made public. Would this process meet the
requirement in section 106(b)(2)(A)(x) for public
disclosure of findings or information about cases of
child abuse or neglect that result in child fatality or
near fatality?
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4.
Section 106(b)(2)(A)(x) of the Child Abuse Prevention
and Treatment Act (CAPTA) requires a State to provide an
assurance that it will have provisions which "allow" for
public disclosure in the case of child abuse or neglect
that results in a child fatality or near fatality.
Section 2.1A.1, Q/A #1 of the Child Welfare Policy
Manual (CWPM) "requires" public disclosure in such
cases. Does a State have the option of disclosing
information on these child fatalities and near
fatalities, for example, when full disclosure may be
contrary to the best interests of the child, the child's
siblings, or other children in the household?
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5.
Section 106(b)(2)(A)(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
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6.
In a case of child abuse or neglect that results in a
child fatality or near fatality, is the State required
by Federal law to disclose to the public personal
information about the child, including name, date of
birth and date of death?
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7.
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?
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2.1E CAPTA, Assurances and Requirements, Reunification |
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1.
If a State does not "require" reunification, in
general, must it do anything further regarding the
mandate in section 106(b)(2)(A)(xvi) which requires that
provisions, procedures, and mechanisms be implemented to
assure that the State does not require reunification
with a parent who has been convicted of murder,
manslaughter or felonious assault of a child?
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2.
Section 106(b)(A)(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. 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" (section 102 (d)).
Does a conflict exist between the two statutes?
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3.
Does section 106 (b)(2)(A)(xvii) of CAPTA, which
requires States to have provisions for termination of
parental rights in cases where a parent has been
convicted of murder, manslaughter or felonious assault
of a child, mean that children cannot be reunified with
a parent that has committed such a crime?
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4.3 MEPA/IEAP, Guidance for Compliance |
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1.
What are examples of some impermissible activities
under the Multiethnic Placement Act (MEPA)?
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2.
May public agencies allow foster or adoptive parents
to specify the race, color, national origin, ethnicity
or culture of children for whom they are willing to
provide care?
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3.
May public agencies assess the racial, national
origin, ethnic and/or cultural needs of all children in
foster care, either by assessing those needs directly or
as part of another assessment such as an assessment of
special needs? May they do this for a subset of all
children in foster care?
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4.
May public agencies assess the racial, national
origin, ethnic and/or cultural capacity of all foster or
adoptive parents, either by assessing that capacity
directly or as part of another assessment such as an
assessment of strengths and weaknesses?
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5.
May public agencies honor the request of birth parents
to place their child, who was involuntarily removed,
with foster parents of a specific racial, national
origin, ethnic and/or cultural group? What if the child
was voluntarily removed?
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6.
If an action by a public agency will not delay or deny
the placement of a child, may that agency use race to
differentiate between otherwise acceptable
foster/adoptive placements?
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7.
May public agencies decline to transracially place any
child with a foster/adoptive parent who has
unsatisfactory cultural competency skills?
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8.
How can public agencies assure themselves that they
have identified an appropriate placement for a child for
whom racial, national origin, ethnic and/or cultural
needs have been documented?
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9.
May a home finding agency that contracts with a public
agency, but that does not place children, recommend only
homes that match the race of the foster or adoptive
parent to that of a child in need of placement?
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10.
May a home finding agency that contracts with a public
agency, but that does not place children, dissuade or
otherwise counsel a potential foster or adoptive parent
who has unsatisfactory cultural competency skills to
withdraw an application or not pursue foster parenting
or adoption?
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11.
May a home finding agency that contracts with a public
agency, but that does not place children, assess the
racial, national origin, ethnic and/or cultural capacity
of all adoptive parents, either by assessing that
capacity directly or as part of another assessment such
as an assessment of strengths and weaknesses? May they
do this for a subset of adoptive parents, such as white
parents?
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12.
How does HHS define "culture" in the context of MEPA
guidance?
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13.
Please provide examples of what is meant by delay and
denial of placement in foster care, excluding situations
involving adoption.
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5.1 MONITORING, Child and Family and Services Review
(CFSR) |
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1.
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?
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2.
How will the child and family service reviews work in
county-administered systems?
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3.
At 45 CFR 1355.33 (b) are there special requirements
or criteria for the "external partners" who are supposed
to be included in the child and family services review
team? Can these individuals be paid or compensated?
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4.
What are the requirements for ensuring confidentiality
during the case review portion of the review?
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5.
For the on-site portion of the review, does including
the State's largest metropolitan area impact the
representativeness of the sample?
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6.
Do the child and family services reviews cover the
title IV-E State plan requirement that prohibits States
to delay or deny interjurisdictional adoptions?
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7.
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.
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8.
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.
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9.
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?
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10.
Is a two year time period (plus the opportunity for a
one year extension) for completing a program improvement
plan excessive?
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11.
Will you ensure that program improvement plans are
consistent with any consent degrees by which States may
be bound?
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12.
What are the differences among calculating the amount
of the penalty, suspending penalties, and rescinding
penalties in the child and family service reviews?
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13.
During a child and family services review, a State
must meet certain thresholds to be determined in
substantial conformity (i.e., achievement of the
outcomes in 90% or 95% of the cases (as applicable) and
the national standards for the statewide data
indicators). Must the State meet those same standards
post-review in order to successfully complete a program
improvement plan and for the penalty to be rescinded?
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8.1B TITLE IV-E, Administrative Functions/Costs,
Allowable Costs - Foster Care Maintenance Payments
Program |
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1.
Please clarify those pre-placement administrative
activities that are considered a service and, therefore,
not claimable under title IV-E from those that are
allowable administrative functions.
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2.
May we claim Federal financial participation (FFP) for
the cost of conducting title IV-E eligibility
determinations even for children who are not found to be
title IV-E eligible?
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3.
May the State claim administrative costs for the child
of a minor parent?
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4.
Can administrative costs for processing and management
of foster child health care services be claimed against
title IV-E?
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5.
Is it permissible for a State title IV-B/IV-E agency
(State agency) to identify court activities related to
title IV-E eligible children and claim title IV-E
reimbursement on behalf of the court? Such activities
might include docketing of the cases, the time of court
staff assigned to review "reasonable efforts" made by
the State agency, clerical support, the time spent by
referees with title IV-E cases, and expenses such as
supplies, space and utilities.
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6.
How should the costs of foster parent insurance be
claimed, as maintenance payments or as administrative
expenditures subject to reimbursement? What types of
insurance costs are allowable? Is liability insurance
sometimes considered a service? What should be included
in the definition of "liability insurance"?
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7.
If foster parent insurance is an administrative cost
when purchased by the State agency, then the State
receives a 50% match rather than FMAP. Doesn't this
provide a disincentive for the State to take
responsibility for insurance of foster parents and
encourage the State to have the foster parents obtain
their own insurance?
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8.
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?
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9.
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?
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10.
Please provide some guidance with respect to the
allowable costs for candidates for foster care.
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11.
1 May the State 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?
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12.
May we claim Federal financial participation (FFP) for
the administrative costs of otherwise title IV-E
eligible children who are placed in public child care
institutions that accommodate more than 25 children?
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13.
May we claim title IV-E administrative costs for
eligible children who receive Supplemental Security
Income (SSI)?
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14.
May a State claim title IV-E administrative funds for
the cost of conducting child and family services (CFS)
reviews and title IV-E eligibility reviews?
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15.
Is the implementation and operation of a statewide
quality assurance system an allowable title IV-E
administrative cost?
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16.
Are administrative costs allowable when a child has
run away from a foster care placement?
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17.
Can a case assessment be considered an allowable
administrative cost?
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18.
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?
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19.
Does having an approved program improvement plan (PIP)
enable a State to claim title IV-E administrative or
training costs that otherwise would not be allowable
under section 474(a)(3) of the Social Security Act?
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20.
States are permitted to claim administrative costs for
a child placed with a relative for the lesser of 12
months or the average length of time it takes for the
State to license or approve a foster home as long as a
foster family home application is pending. What happens
if the State does not license or approve the relative's
home during this period?
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21.
What administrative costs may a State claim during the
one-month period when a child moves from an unallowable
facility to a licensed or approved foster family home or
child care institution as described at section
472(i)(1)(B) of the Social Security Act?
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22.
Section 472(i)(1)(B) of the Social Security Act (the
Act) permits States to claim administrative costs for a
calendar month prior to the child’s move from an
unallowable facility to a licensed or approved foster
family home or child care institution. Is a State
limited in how many times it can apply section
472(i)(1)(B) for the same child?
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23.
May a State claim title IV-E administrative costs as
permitted under section 472(i) of the Social Security
Act (the Act) for a child placed in an unlicensed or
unapproved relative home before completing the
background check requirements in section 471(a)(20) of
the Act?
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24.
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.
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25.
May a State 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?
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26.
Section 472(i)(1)(B) of the Social Security Act (the
Act) allows a State to claim Federal financial
participation (FFP) for allowable administrative
expenses for an otherwise eligible child for not more
than one calendar month when the child moves from a
facility not eligible for payments under title IV-E into
a foster family home or child care institution licensed
or approved by the State. Please clarify for what time
period administrative costs may be claimed during this
transition.
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27.
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?
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8.1H TITLE IV-E, Administrative Functions/Costs,
Training |
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1.
What is the Federal financial participation (FFP) in
the costs of training for employees of the State title
IV-E agency, foster parents, adoptive parents and
employees of private child placing and child care
agencies?
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2.
May State agencies contract with another organization,
such as a community college to conduct training on
behalf of the State agency? This training would be
considered State agency training, not educational
institution training?
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3.
May the States fund adoptive parents' attendance at
adoption conferences with title IV-E training funds?
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4.
May allowable costs include salary, travel and per
diem for State agency program staff or State agency
staff development unit staff conducting training of
employees or foster parents?
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5.
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.
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6.
Prior to the on-site portion of a child and family
services review (CFSR), the State members of the team
must participate in a State team training. Can the costs
related to such participation be claimed by the State at
the 75 percent rate of Federal financial participation
(FFP)?
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7.
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?
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8.
What are the title IV-E training topics that the State
may claim at the 75 percent match rate under section
474(3)(A) of the Social Security Act and 45 CFR
1356.60(b)?
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9.
May the State claim title IV-E funds at the 75 percent
match rate for any administrative activities that are
directly related to carrying out the State agency’s
training initiatives?
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10.
May the State claim title IV-E administrative expenses
at the 50 percent match on training topics not allowable
at the 75 percent match rate?
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11.
What training topics are not allowable as either a
training cost or an administrative cost under the title
IV-E program?
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12.
Would you explain the cost-sharing or matching
requirements for the title IV-E training program?
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13.
May a State claim title IV-E training funds at the 75
percent match rate for initial in-service training if
there are gaps of days or weeks or longer when the newly
hired staff is not receiving training either in the
classroom or on the job?
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14.
May the State claim title IV-E training funds for the
portion of the initial in-service training program that
includes actual work experience?
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15.
May the State claim title IV-E training funds at the
75 percent match rate to train current title IV-E agency
staff who are either promoted or transfer to another
position within the agency, such as from caseworker to
supervisor, under an initial in-service training
program?
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16.
The regulations at 45 CFR 235.61(a) define initial
in-service training as a period of intensive,
task-oriented training to prepare new employees to
assume job responsibilities. What is meant by
"intensive?" Are there any circumstances whereby an
employee can be considered to be participating in
initial in-service training while maintaining a full
caseload?
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8.2D.3 TITLE IV-E, Adoption Assistance Program,
Payments, Non-recurring expenses |
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1.
Please summarize the requirements for the nonrecurring
expenses of adoption.
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2.
Is it possible for States to set maximum amounts on
specific items within the category of nonrecurring
expenses for which they will reimburse adoptive parents?
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3.
States are required to reimburse up to $2,000, or such
lower amount as set by the State, for the non-recurring
adoption expenses of parents who adopt children with
special needs. The regulations define "non-recurring
adoption expenses" as reasonable and necessary adoption
fees, court costs, attorney fees and other expenses
which are directly related to the legal adoption of a
child with special needs. "Other expenses" were defined
as the costs of adoption incurred by or on behalf of the
parents and for which parents carry the burden of
payment, such as the adoption study, including health
and psychological examinations, supervision of the
placement prior to adoption, transportation and the
reasonable costs of lodging and food for the child
and/or the adoptive parents when necessary to complete
the adoption process. Would it be possible for a State
to further limit the reimburseable areas within the
allowable expense category? For instance, could
reimbursement be limited to attorney fees only? Or,
could a State elect not to reimburse adoption study fees
and transportation costs?
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4.
Prospective adoptive parents sometimes have an
attorney review the subsidy agreement to ensure that the
parents’ best interests are addressed. This private
attorney review is in addition to the work of the State
agency attorneys who prepare the subsidy paperwork. Are
attorney fees and other expenses related to the review
of the title IV-E adoption assistance agreement directly
related to the legal adoption of a child with special
needs and, therefore, allowable under title IV-E?
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5.
Does the nonrecurring adoption expenses limit of
$2,000 (or lower at State option) apply per adoption
episode or is it a lifetime limit?
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6.
Can the title IV-E agency claim Federal financial
participation (FFP) for the nonrecurring expenses of
adoption if the adoption is never finalized?
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8.3A.6 TITLE IV-E, Foster Care Maintenance Payments
Program, Eligibility, Contrary to the welfare |
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1.
Do you consider an emergency order (sometimes referred
to as a "pick-up order" or "ex-parte order") as the
first court ruling for the purpose of meeting the
contrary to the welfare requirements?
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2.
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?
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3.
A child is ineligible for an entire foster care
episode for failure to satisfy the contrary to the
welfare requirements. Please explain the rationale for
this position.
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4.
Court orders that sentence a child to a juvenile
detention facility often include language which differs
from that in a dependency order resulting in a foster
care placement. Does language in a detention order
indicating that the child is a "threat to himself or the
community" meet the requirement in section
472(a)(2)(A)(ii) regarding "contrary to the welfare?"
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5.
If a temporary detention order states that the child
is to be detained until sentencing because there is
reason to believe he would run away, would this satisfy
the requirement for a determination regarding "contrary
to the welfare?"
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6.
Our State presently petitions the court for protective
supervision of a child (not legal custody) with the
right to place the child. The petition is based on the
child's being within the jurisdiction of the court on
the basis that the child is abused, neglected, or is
beyond the control of the parents. If the State is given
protective supervision with the right to place, it is
based on that petition. If placement becomes necessary,
placement is made without the State needing to return to
court for an amended order. In some situations, the
child is already in placement under an immediate
physical custody order of the court. Is the granting of
a State's petition for protective supervision with the
right to place and the subsequent placement of the child
sufficient to make an otherwise eligible child qualify
for foster care payments under title IV-E?
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7.
After a dependency petition is filed, the court finds
reasonable grounds to believe a child is dependent and
would be endangered in his or her home and enters a
temporary shelter order causing the child to be taken in
to custody. The child is then placed in foster care by
the State agency. Does this temporary shelter order
constitute a "judicial determination" as required for a
State to receive Federal financial participation (FFP)
in the costs of the child's foster care maintenance
under the title IV-E program? May FFP begin from the
date of the shelter order, if the order is not rescinded
or otherwise revised so that it no longer supports the
removal of the child from the home?
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8.
Once a court order is issued with a judicial
determination that remaining in the home is contrary to
the child's welfare, does the State have to actually
remove the child at that time and place the child in
foster care?
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8.3A.8a TITLE IV-E, Foster Care Maintenance Payments
Program, Eligibility, Facilities requirements,
child-care institution |
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1.
When and under what conditions can a public agency or
unit of government claim reimbursement under title IV-E
for multiple facilities operated as licensed public
child care institutions for 25 or fewer children?
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2.
An inquiry from a State described a situation in which
a local governmental unit is operating a residential
child care facility that consists of several cottages on
a common plot of land. One of the cottages, licensed by
the State, has a licensed capacity of 25 or fewer
children. Another cottage is also licensed, but for more
than 25. The question is: are the costs of care in the
cottage of 25 or less eligible for Federal financial
participation (FFP), since it has an individual license
and is not considered, for purposes of licensing, as a
part of the other cottage housing more than 25 children?
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3.
What is the operative definition of the term
"primarily" when used to describe a facility for the
detention of children?
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4.
Is Federal financial participation available for
children placed in for-profit child-care institutions?
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5.
If an otherwise eligible title IV-E child is placed in
a child care institution that has locked living units
for the child's benefit or safety, does this render the
facility "physically restrictive," such that the child
is ineligible for title IV-E?
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8.3A.8c TITLE IV-E, Foster Care Maintenance Payments
Program, Eligibility, Facilities requirements, licensing |
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1.
Can the State waive some foster home standards or
criteria for licensure or approval of relative foster
homes?
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2.
Must a foster home be licensed by the State or by a
State-certified child placement agency for title IV-E
payments to be properly made?
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3.
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?
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4.
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?
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5.
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?
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6.
The regulations permit States to claim title IV-E
reimbursement made for children placed in foster family
homes for a period of time, up to 60 days, between the
date the foster family homes meets all the licensing or
approval criteria and the date the agency issues the
license or approval. When does the 60-day period begin?
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7.
We understand the prohibition on claiming FFP for
title IV-E foster care maintenance payments on behalf of
children placed in foster family homes that are not
fully licensed or approved. In situations where a foster
home that has a full license or approval is placed on
"probation" due to some factor that must be corrected,
but maintains the license or approval during the
probationary period, can the State claim FFP under title
IV-E during the probationary period?
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8.
What is an example of a two-tiered system of
licensing, and how does that apply to training foster
families?
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9.
By what authority are Tribes restricted to licensing
homes that are on or near Indian reservations?
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10.
Must foster family homes approved through the tribal
process meet the same standard as homes licensed by the
State?
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11.
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 State 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?
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12.
Can a State claim title IV-E reimbursement for an
eligible child placed in a child-care institution that
has a provisional license? Can the State claim title
IV-E if the child care institution has a probationary
license due to a violation of State procedures?
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13.
Does the law require that licensed child-placing
agencies in a State use the same foster home licensing
standards as the State?
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14.
May a State claim title IV-E reimbursement on behalf
of an otherwise eligible child when a State’s licensure
requirements are met as the result of a "variance"?
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15.
May a State claim title IV-E foster care maintenance
payments on behalf of an otherwise eligible child who is
in a pre-adoptive placement with an adoptive family if
the family does not meet the State's foster care
license/approval requirements but does meet the State's
adoptive home license/approval requirements?
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16.
In response to a question about foster care provider
licenses that go into effect or lapse on a day other
than the first or last day of the month, section 8.3A.8c
of the Child Welfare Policy Manual (CWPM), Q/A #11,
states that "[i]f a foster family home or child-care
institution is licensed for a portion of a month, the
State may claim Federal financial participation (FFP)
for the entire month when an otherwise eligible child
has resided in that home for the entire month." Does
this same policy apply in situations where a foster care
provider's license is revoked at some point during the
month?
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17.
May a State 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?
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18.
When a child is placed in foster care outside the
State that has placement and care responsibility, must
the foster family home be licensed by the State in which
it is situated for title IV-E eligibility purposes? Will
it be considered an error case on a title IV-E
eligibility review if a foster family home is not
licensed by the State in which it is situated?
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19.
If a State's license or approval of a private
child-placing agency expires but that agency continues
to license/approve foster family homes on behalf of the
State, will the Administration for Children and Families
(ACF) consider such homes fully licensed or approved
according to State standards for title IV-E eligibility
purposes?
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8.3A.10 TITLE IV-E, Foster Care Maintenance Payments
Program, Eligibility, Redeterminations |
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1.
We believe failure to hold a timely redetermination of
title IV-E eligibility is a program issue, not an
eligibility issue. Is this correct?
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2.
Is it permissible to allow redeterminations to be used
after a break in foster care placement in those cases
where there is no new court ordered removal from the
home and no break in State responsibility for placement
and care? Examples of situations in which
redeterminations are currently being used are as
follows: (a) A child in foster care goes to the State
training school and then back to foster care; (b) A
child in foster care goes to live with a relative (not
parent) under State supervision, and then back to foster
care; (c) A child in foster care goes home under State
supervision without a change in court order and then
returns to foster care.
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3.
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?
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8.3A.13 TITLE IV-E, Foster Care Maintenance Payments
Program, Eligibility, Voluntary placement agreements |
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1.
If a State fails to obtain the necessary judicial
determination within the first 180 days of a voluntary
placement, can the case be reopened when a judicial
hearing is convened or does the child lose all further
benefits of the title IV-E program during that period of
placement?
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2.
In the event that a court hearing date has been set
within the first 180 days of a voluntary placement, but
no determination made, may a pre-approved continuance
hearing date deem the child eligible up to the
continuance date?
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3.
A State places a child into foster care pursuant to a
voluntary placement agreement but does not have the
voluntary placement provision in its State Plan and,
thus, does not claim Federal financial participation
(FFP) for the child. Can this placement later be
considered a judicial removal and FFP be claimed from
that time forward if there is a petition to the court
within six months of the time the child had last been
living with the parent(s) and subsequent judicial
determinations are made regarding "contrary to the
welfare" and "reasonable efforts"?
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4.
If a State, which is claiming Federal financial
participation (FFP) for voluntarily placed children,
misses the requirement for a judicial determination
within 180 days of placement that such placement is in
the best interests of the child, but petitions the court
within the six-month timeframe set forth in section
472(a)(3)(A)(ii)(II) of the Social Security Act, can the
State consider this a judicial removal, once
determinations are made concerning "contrary to the
welfare" and "reasonable efforts"?
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5.
May a State develop a voluntary placement agreement
that would allow a parent to retain custody of his or
her child and allow the State to claim Federal financial
participation under the title IV-E foster care
maintenance payments program on behalf of an otherwise
eligible child?
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6.
When a child is initially placed into foster care
through a voluntary placement agreement, and the State
subsequently issues a court order regarding the child's
removal and/or the State's placement and care
responsibility, what criteria must be met for the child
to be eligible for title IV-E foster care maintenance
payments?
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7.
Section 472(e) of the Social Security Act (the Act)
requires a State to obtain a judicial determination
during the first 180 days of the voluntary placement to
the effect that the placement is in the child's best
interest to continue title IV-E payments beyond that
time. When does this 180-day clock begin?
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8.3B.1 TITLE IV-E, Foster Care Maintenance Payments
Program, Payments, Allowable costs |
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1.
What are the elements of costs for foster care
maintenance payments under section 475 (4) of the Social
Security Act (the Act)?
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2.
In child care institutions, are costs that are
normally associated with family activities such as going
to a baseball game, picnics, etc., allowable for Federal
financial participation (FFP) in the title IV-E Foster
Care Maintenance Payment Program? What about staff time
for supervision, transportation, tickets, etc.?
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3.
Are all costs for day care/baby-sitting services
provided to title IV-E eligible children reimbursable as
a title IV-E foster care maintenance cost? If not, for
which of the following purpose(s) may
daycare/babysitting services be claimed for
reimbursement: (1) illness of the foster parent; (2)
respite care; (3) foster parent attendance at:
administrative case review/judicial reviews, case
conferences/team meetings, school conferences/ET (Pupil
Evaluation Team), or foster parent training; (4) foster
parent visits with a child who is temporarily out of the
home, e.g. child hospitalized or at camp; (5)
enhancement of a foster child's social skills/peer
relationships/socialization; or, (6) special needs of
foster child best met in a day care setting.
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4.
For which of the following purpose(s) may
transportation services be claimed for reimbursement as
a foster care maintenance payment: (1) the foster
parent's involvement in/attendance at administrative
case/judicial reviews, case conferences/team meetings,
school conferences, and foster parent training; (2) the
travel of a child in foster care to/from the following
activities: (a) allowable day care, (b) school
attendance and extracurricular activities, (c)
pre-placement visits, (d) foster family trips, (e)
sports and cultural events, (f) administrative
case/judicial reviews, (g) visitation at other
locations, e.g., in the child welfare office, or, (h)
visitation with siblings, other relatives, or other
caretakers?
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5.
What is an acceptable profit margin for a for-profit
child-care institution that services title IV-E eligible
children?
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6.
Routine medical-related expenses are covered under our
State's uniform foster care rate. However, when
unexpected, expensive medical costs are incurred which
are not covered by title XIX, can other Federal funds be
utilized? May prescription drugs which are not covered
by Medicaid or any other program be allowed as a
personal incidental cost within the definition in
section 475 (4) of the Social Security Act (the Act)? If
so, would there be any special conditions which would
have to be met (e.g. cost limits, documentation)? If
not, is there any provision within title IV-E which
would permit reimbursement of the costs of prescription
drugs for children in foster care for which no other
funding source is available?
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7.
How should the costs of foster parent insurance be
claimed, as maintenance payments or as administrative
expenditures subject to reimbursement? What types of
insurance costs are allowable? Is liability insurance
sometimes considered a service? What should be included
in the definition of "liability insurance"?
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8.
An individual is both a foster care provider and a
child care provider for the same child. Is it
permissible under title IV-E for the State to provide a
title IV-E foster care maintenance payment and a Federal
child care payment (title IV-A or child care development
fund) to the same provider?
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9.
The definition of "foster care maintenance payments"
at 475(4)(A) of the Social Security Act includes
payments to cover the cost of (and the cost of
providing) a child's "personal incidentals." For title
IV-E purposes, what does the term "personal incidentals"
include?
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10.
In some States, foster parents provide "respite" for a
short period of time for a child in foster care who is
placed with another foster parent. May the State claim
title IV-E foster care maintenance payments for the
child who goes temporarily to stay with another foster
parent for respite purposes?
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