Children's Bureau Safety, Permanency, Well-being  Advanced
 Search

Search for:   in 

4.2 MEPA/IEAP, Enforcement of Section 471 (a)(18) of the SSA

Items with a star (*) and gray background have been modified from previous record.

Question Number 3:
07/30/2010 - Current
QuestionDoes section 471(a)(18) of the Social Security Act (the Act) apply to a private international adoption agency that receives Federal funds, but not title IV-E funds?
Answer*No. Section 471(a)(18) of the Act is a title IV-E plan requirement. Therefore, private agencies that do not receive title IV-E funds are not subject to the title IV-E plan provisions, even if such agencies receive Federal funds from a source other than title IV-E and are involved in adoption or foster care placements of any type. However, these private agencies still must ensure that they do not violate Title VI of the Civil Rights Act of 1964 (Title VI) by delaying or denying a foster care or adoption placement decision on the basis of race, color or national origin (Section 1808(c) of Public Law 104-188). Title IV-E agencies should note that all entities, both public and private, that receive any Federal funds, regardless of the source, and regardless of whether those funds are used for child welfare purposes, must comply with title VI. Title VI broadly prohibits all federally funded entities from discriminating, denying benefits or excluding an individual from participating in an activity or program on the basis of race, color, or national origin. The U.S. Department for Health and Human Services Office for Civil Rights (OCR) enforces title VI. For more information on Title VI, please refer to the OCR Title VI fact sheet: http://www.hhs.gov/ocr/title6.html.
Source/Date*12/31/07 (revised 07/14/10)
Legal and Related ReferencesSocial Security Act section 471(a)(18); P.L. 104-188 section 1808(c)

Back to top


12/31/2007 - 07/30/2010 (Original Record)
QuestionDoes section 471(a)(18) of the Social Security Act (the Act) apply to a private international adoption agency that receives Federal funds, but not title IV-E funds?
AnswerNo. Section 471(a)(18) of the Act is a title IV-E State plan requirement. Therefore, private agencies that do not receive title IV-E funds are not subject to the State plan provisions, even if such agencies receive Federal funds from a source other than title IV-E and are involved in adoption or foster care placements of any type.

However, these private agencies still must ensure that they do not violate Title VI of the Civil Rights Act of 1964 (Title VI) by delaying or denying a foster care or adoption placement decision on the basis of race, color or national origin (Section 1808(c) of Public Law 104-188). State agencies should note that all entities, both public and private, that receive any Federal funds, regardless of the source, and regardless of whether those funds are used for child welfare purposes, must comply with title VI. Title VI broadly prohibits all federally funded entities from discriminating, denying benefits or excluding an individual from participating in an activity or program on the basis of race, color, or national origin. The U.S. Department for Health and Human Services Office for Civil Rights (OCR) enforces title VI. For more information on Title VI, please refer to the OCR Title VI fact sheet: http://www.hhs.gov/ocr/title6.html.

Source/Date12/31/07
Legal and Related ReferencesSocial Security Act section 471(a)(18); P.L. 104-188 section 1808(c)

Back to top