Agency plan for title iv-e of the social security act foster care and adoption assistance state/tribe of




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Attachment A

OMB Approval No. 0980-0141


Expiration Date: 10/31/2012

AGENCY PLAN FOR TITLE IV-E OF THE SOCIAL SECURITY ACT
FOSTER CARE AND ADOPTION ASSISTANCE
STATE/TRIBE OF ________________________


U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES
ADMINISTRATION FOR CHILDREN AND FAMILIES
CHILDREN'S BUREAU
July 2010

SECTION 1. ORGANIZATION

  1. DESIGNATION AND AUTHORITY OF STATE/TRIBAL AGENCY

  2. STATE/TRIBAL AGENCY STRUCTURE AND FUNCTION

  3. STATE OR SERVICE AREA WIDE OPERATIONS

  4. COORDINATION WITH TITLES IV-A AND IV-B PROGRAMS

  5. CHILD SUPPORT ENFORCEMENT FOR CERTAIN CHILDREN IN FOSTER CARE

SECTION 2. FOSTER CARE MAINTENANCE PAYMENTS

  1. ELIGIBILITY

  2. VOLUNTARY PLACEMENTS (OPTION)

  3. PAYMENTS

  4. CASE REVIEW SYSTEM

  5. MEDICAL AND SOCIAL SERVICES

  6. SPECIFIC GOALS IN STATE/TRIBAL LAW

  7. PREVENTIVE AND REUNIFICATION SERVICES

  8. TERMINATION OF PARENTAL RIGHTS

  9. DATE CHILD CONSIDERED TO HAVE ENTERED FOSTER CARE

  10. DOCUMENTATION OF JUDICIAL DETERMINATION

  11. TRIAL HOME VISITS

  12. TRAINING

  13. DEFINITION OF CHILD

SECTION 3. ADOPTION ASSISTANCE PAYMENTS

  1. ELIGIBILITY

  2. PAYMENTS - AMOUNTS AND CONDITIONS

  3. ADOPTION ASSISTANCE AGREEMENT

  4. MEDICAID AND SOCIAL SERVICES

  5. ELIGIBILITY FOR ADOPTION INCENTIVE FUNDING

  6. ADOPTION TAX CREDIT

  7. DEFINITION OF CHILD

SECTION 4. GENERAL PROGRAM REQUIREMENTS

  1. STANDARDS FOR FOSTER FAMILY HOMES AND CHILD CARE INSTITUTIONS

  2. REVIEW OF PAYMENTS AND LICENSING STANDARDS

  3. FAIR HEARINGS

  4. INDEPENDENT AUDIT

  5. CHILD ABUSE AND NEGLECT

  6. TIMELY INTERSTATE PLACEMENT OF CHILDREN

  7. REMOVAL OF BARRIERS TO INTERETHNIC ADOPTION

  8. KINSHIP CARE

  9. SIBLING PLACEMENT

  10. SAFETY REQUIREMENTS

  11. INTERJURISDICTIONAL ADOPTIONS

  12. QUALITY STANDARDS

  13. COMPULSORY SCHOOL ATTENDANCE

  14. VERIFICATION OF CITIZENSHIP OR IMMIGRATION STATUS

SECTION 5. GENERAL PROVISIONS

  1. PERSONNEL ADMINISTRATION

  2. SAFEGUARDING INFORMATION

  3. REPORTING

  4. MONITORING

  5. APPLICABILITY OF DEPARTMENT-WIDE REGULATIONS

  6. AVAILABILITY OF PLANS

  7. OPPORTUNITY FOR PUBLIC INSPECTION OF CFSR MATERIALS

  8. NEGOTIATION WITH INDIAN TRIBES

SECTION 6. GUARDIANSHIP ASSISTANCE PROGRAM OPTION

  1. ELIGIBILITY

  2. PAYMENTS

  3. AGREEMENTS

  4. SAFETY

  5. MEDICAID AND SOCIAL SERVICES

  6. TITLE IV-E GUARDIANSHIP ASSISTANCE PROGRAM PLAN REQUIREMENTS

  7. DEFINITION OF CHILD

SECTION 7. TRIBE OPERATED IV-E PROGRAM REQUIREMENTS

  1. GENERAL PROGRAM REQUIREMENTS

  2. SERVICE AREA AND POPULATIONS

  3. NUNC PRO TUNC AND FOSTER CARE ELIGIBILITY REQUIREMENTS

  4. LICENSING STANDARDS FOR TRIBAL FOSTER FAMILY HOMES AND CHILD CARE INSTITUTIONS

  5. IN-KIND EXPENDITURES FROM THIRD-PARTY SOURCES

ATTACHMENT I: CERTIFICATION

ATTACHMENT II: GOVERNOR/TRIBAL LEADER'S CERTIFICATION

ATTACHMENT III: STATE ASSURANCES

ATTACHMENT IV: 479B TRIBAL ASSURANCES

ATTACHMENT V: 479B TRIBAL CERTIFICATIONS

PLAN FOR TITLE IV-E OF THE SOCIAL SECURITY ACT

FEDERAL PAYMENTS FOR FOSTER CARE AND ADOPTION ASSISTANCE

STATE/TRIBE OF ________________________


As a condition of the receipt of Federal funds under title IV-E of the Social Security Act (hereinafter, the Act), the

__________________________________________________________________


(Name of State/Tribal Agency)

submits here a plan for the programs to provide, in appropriate cases, foster care and adoption assistance, and if the State/Tribal agency elects, guardianship assistance, under title IV-E of the Act and hereby agrees to administer the programs in accordance with the provisions of this plan, title IV-E of the Act, and all applicable Federal regulations and other official issuances of the Department.

The official text of laws, regulations and official issuances governs, and the State/Tribal agency acknowledges its responsibility to adhere to them regardless of the fact that, for purposes of simplicity, the specific provisions printed herein are sometimes paraphrases of, or excerpts and incomplete quotations from, the full text. Statutory citations refer to provisions in title IV-E of the Social Security Act. Regulatory citations refer to provisions in 45 CFR Parts 1355 and 1356.

The State/Tribal agency understands that if and when title IV-E is amended or regulations are revised, a new or amended plan for title IV-E that conforms to the revisions must be submitted.







Federal Regulatory/ Statutory References

Requirement

State Regulatory, Statutory, and Policy References and Citations for Each




SECTION 2. FOSTER CARE MAINTENANCE PAYMENTS




475(5)(H)

D. CASE REVIEW SYSTEM

1. Case Plan



j. during the 90-day period immediately prior to the date on which the child will attain 18 years of age, or such greater age as the State may elect under section 475(8)(B)(iii), whether during that period foster care maintenance payments are being made on the child's behalf or the child is receiving benefits or services under section 477, a caseworker on the staff of the State/Tribal agency, and, as appropriate, other representatives of the child provide the child with assistance and support in developing a transition plan that is personalized at the direction of the child, includes specific options on housing, health insurance, education, local opportunities for mentors and continuing support services, and work force supports and employment services, includes information about the importance of designating another individual to make health care treatment decisions on behalf of the child if the child becomes unable to participate in such decisions and the child does not have, or does not want, a relative who would otherwise be authorized under State/Tribal law to make such decisions, and provides the child with the option to execute a health care power of attorney, health care proxy, or other similar document recognized under State/Tribal law, and is as detailed as the child may elect;




475(8)

M. DEFINITION OF ‘CHILD’

For the purposes of the title IV-E foster care program under section 472, the term ‘child’ means

i. an individual who has not attained 18 years of age; or

ii. at the option of the title IV-E agency an individual

a. who is in foster care under the responsibility of the title IV-E agency

b. who has attained 18 years of age but who has not attained 19, 20, or 21 years of age (as elected and indicated by the title IV-E agency) and

c. who meets any of the following conditions

I. the child is completing secondary education or a program leading to an equivalent credential;

II. the child is enrolled in an institution which provides post-secondary or vocational education;

III. the child is participating in a program or activity designed to promote, or remove barriers to, employment;

IV. the child is employed for at least 80 hours per month; or

V. the child is incapable of doing any of the above described activities due to a medical condition, which incapability is supported by regularly updated information in the case plan of the child.







Federal Regulatory/ Statutory References

Requirement

State Regulatory, Statutory, and Policy References and Citations for Each




SECTION 3. ADOPTION ASSISTANCE PAYMENTS




473(a)(4)

B. PAYMENTS – AMOUNTS AND CONDITIONS

5. Payments are terminated when the title IV-E agency determines that:



a. the child has attained the age of 18, or such greater age as the State may elect under section 475(8)(B)(iii); or

b. the child has attained 21 years of age, if the title IV-E agency determines that the child has a mental or physical disability which warrants the continuation of assistance to age 21; or

c. the child has not attained 18 year of age, if the title IV-E agency determines that the parents are no longer legally responsible for the support of the child; or

d. the child is no longer receiving any support from the adoptive parents.



 




Federal Regulatory/ Statutory References

Requirement

State Regulatory, Statutory, and Policy References and Citations for Each

475(8)

G. DEFINITION OF ‘CHILD’

For the purposes of the title IV-E adoption assistance program under section 473, the term ‘child’ means

i. an individual who has not attained 18 years of age; or

ii. at the option of the title IV-E agency an individual

a. with respect to whom an adoption assistance agreement is in effect under section 473 if the individual had attained age 16 before the adoption assistance agreement became effective and

c. who meets any of the following conditions:

I. the child is completing secondary education or a program leading to an equivalent credential;

II. the child is enrolled in an institution which provides post-secondary or vocational education;

III. the child is participating in a program or activity designed to promote, or remove barriers to, employment;

IV. the child is employed for at least 80 hours per month; or

V. the child is incapable of doing any of the above described activities due to a medical condition.









Federal Regulatory/ Statutory References


Requirement

State Regulatory, Statutory, and Policy References and Citations for Each

 

SECTION 4. GENERAL PROGRAM REQUIREMENTS

 




A. STANDARDS FOR FOSTER FAMILY HOMES AND CHILD CARE INSTITUTIONS

 

1355.20(a)(2)

472(c)(2)


2. Child care institution means a private child care institution, or a public child care institution which accommodates no more than 25 children, and is licensed by the State or Tribe in which it is situated or has been approved by the agency of such State or Tribal licensing authority (with respect to child care institutions on or near Indian reservations) responsible for licensing or approval of institutions of this type as meeting the standards established for such licensing, except, in the case of a child who has attained 18 years of age, the term includes a supervised independent living setting in which the individual is living independently.

This definition must not include detention facilities, forestry camps, training schools, or any other facility operated primarily for the detention of children who are determined to be delinquent.



(Tribes, see also section 7 for requirements related to 471(a)(10).)







Federal
Regulatory/
Statutory
References

 

Requirement

State Regulatory,
Statutory, and Policy
References and
Citations for Each




SECTION 6. GUARDIANSHIP ASSISTANCE PROGRAM OPTION




473(a)(4)(A)

B. PAYMENTS

3. Payments are terminated when the title IV-E agency determines that:

a. the child has attained the age of 18, or such greater age as the title IV-E agency may elect under section 475(8)(B)(iii); or

b. the child has attained 21 years of age, if the title IV-E agency determines that the child has a mental or physical disability which warrants the continuation of assistance to age 21; or

c. the child has not attained 18 year of age, if the title IV-E agency determines that the relative guardians are no longer legally responsible for the support of the child; or

d. the child is no longer receiving any support from the relative guardians.






473(a)(4)(B)


4. The relative guardians are required to inform the State/Tribal agency of circumstances that would make them ineligible for guardianship assistance payments or eligible for guardianship assistance payments in a different amount.




475(8)

G. DEFINITION OF ‘CHILD’

For the purposes of the title IV-E guardianship assistance program under section 473(d), the term ‘child’ means

i. an individual who has not attained 18 years of age; or

ii. at the option of the title IV-E agency an individual

a. with respect to whom a guardianship assistance agreement is in effect under section 473(d) if the individual had attained age 16 before the guardianship assistance agreement became effective and

b. who meets any of the following conditions:

I. the child is completing secondary education or a program leading to an equivalent credential;

II. the child is enrolled in an institution which provides post-secondary or vocational education;

III. the child is participating in a program or activity designed to promote, or remove barriers to, employment;

IV. the child is employed for at least 80 hours per month; or

V. the child is incapable of doing any of the above described activities due to a medical condition.




ATTACHMENT I

Title IV-E Plan – State/Tribe of __________________________

C E R T I F I C A T I O N


I hereby certify that I am authorized to submit the title IV-E Plan on behalf of

________________________________________________________


(Designated State/Tribal Agency)

Date___________________________________

_______________________________________
(Signature)

_______________________________________


(Title)





APPROVAL DATE___________________________________

EFFECTIVE DATE:_______________________________________

_______________________________________


(Signature, Associate Commissioner, Children's Bureau)

ATTACHMENT II

Title IV-E Plan – State/Tribe of __________________________



GOVERNOR/TRIBAL LEADER'S CERTIFICATION
TITLE IV-E of the SOCIAL SECURITY ACT


I certify that ________________________________________________________
(Name of Agency/Tribe)

  1. has the authority to submit the plan under title IV-E of the Social Security Act and

  2. is the single title IV-E agency responsible for administering the plan or supervising the administration of the plan by local political subdivisions/Tribal service area. It has the authority to make rules and regulations governing the administration of the plan that are binding on such subdivisions/service areas. The title IV-E plan is mandatory upon the subdivisions/service areas and is in effect throughout the State/Tribal service areas.



___________________________________
Date

          

_______________________________________
(Signature)

 ATTACHMENT VI

Title IV-E Plan – State/Tribe of __________________________

Section 475(8) STATE/TRIBAL CERTIFICATION
TITLE IV-E of the SOCIAL SECURITY ACT


I certify that ________________________________________________________
(Name of Agency/Tribe)

has chosen to implement the option in section 475(8)(B) of title IV-E of the Social Security Act to adopt a definition of “child” of age 19 or 20 for the title IV-E programs for the following reason(s), described below:



___________________________________
Date

          

_______________________________________
(Signature)


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