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8.1D TITLE IV-E, Administrative Functions/Costs, Candidates

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

Question Number 8:
07/12/2006 - Current
QuestionWhat constitutes a case plan for the purposes of documenting a child's candidacy for foster care?
Answer*The development of a case plan in compliance with sections 471(a)(16) of the Social Security Act (the Act) is an allowable title IV-E function performed on behalf of candidates for foster care. The requirements for case plans developed pursuant to section 471(a)(16) of the Act are set forth in regulation at 45 CFR 1356.21(g). The provisions at 45 CFR 1356.21(g) are, therefore, to the extent that they are applicable to pre-placement, controlling with respect to case plans used to document candidacy for foster care. Specifically, the provisions at 45 CFR 1356.21(g)(1) and (4) apply. The case plan used to document a child's candidacy for foster care must be a written document that is developed jointly with the parent(s) or guardian of the child and include a description of the services offered and provided to prevent removal of the child from the home. In addition, the State must document, in said plan, that the goal for the child is foster care if the services described in the plan are not effective.

Adherences to the regulatory case plan provisions increase the likelihood that the plan will be effective, either in preventing or pursuing the removal of the child from the home. Nonetheless, State claims for administrative costs on behalf of candidates for foster care are not based on the completeness of the case plan. While we expect the case plan requirements that apply to a candidate to be met, the State may claim administrative costs in the month that it determines and documents a child is a candidate for foster care consistent with section 472(i)(2) of the Act (see Section 8.1C QA #5 of the Child Welfare Policy Manual).

Source/Date*8/16/02; 7/7/2006
Legal and Related References*Social Security Act -- Sections 471(a)(16) and 475(1) 45 CFR 1356.21(g); Departmental Appeals Board Decision No. 844 ; Child Welfare Policy Manual Section 8.1C QA #5; ACYF-CB-IM-06-02

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08/26/2002 - 07/12/2006 (Original Record)
QuestionWhat constitutes a case plan for the purposes of documenting a child's candidacy for foster care?
AnswerThe development of a case plan is an allowable title IV-E function performed on behalf of candidates for foster care pursuant to Departmental Appeals Board (DAB) Decision No. 844. In the aforementioned Decision, the Board found that, pursuant to section 471(a)(16) of the Social Security Act (the Act), a State could begin to develop a case plan prior to a child''s placement in foster care and claim the attendant title IV-E administrative funds. Pursuant to DAB No. 844, the case plan developed to document a child''s candidacy for foster care is the plan that the State agency develops in compliance with section 471(a)(16) of the Act.

The requirements for case plans developed pursuant to section 471(a)(16) of the Act are set forth in regulation at 45 CFR 1356.21(g). The provisions at 45 CFR 1356.21(g) are, therefore, to the extent that they are applicable to pre-placement, controlling with respect to case plans used to document candidacy for foster care. Specifically, the provisions at 45 CFR 1356.21(g)(1) and (4) apply. The case plan used to document a child''s candidacy for foster care must be a written document that is developed jointly with the parent(s) or guardian of the child and include a description of the services offered and provided to prevent removal of the child from the home. In addition, the State must document, in said plan, that the goal for the child is foster care if the services described in the plan are not effective.

Source/Date8/16/02
Legal and Related ReferencesSocial Security Act -- Section 471(a)(16); 45 CFR 1356.21(g)

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