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The State agency must develop a PIP when the State is determined not to be in substantial compliance. This occurs when the eligibility review findings indicate that the total number of error cases is nine or more for an initial primary review, or five or more in primary reviews subsequent to the initial primary review. The PIP must be developed by State agency staff in consultation with Federal staff and must address each area that the eligibility review identified as needing improvement. The State agency must develop a PIP even in those situations where the State agency appeals an adverse review finding and a decision is pending before the Departmental Appeals Board. If a State agency chooses not to implement a PIP, the ACF Regional Office immediately will schedule and conduct a secondary review.
The format of the PIP may vary, but it must include the following components:
Responsibility for developing the PIP will rest with the State child welfare agency in collaboration with the ACF Regional Office. The State agency must submit its PIP to the ACF Regional Office for approval within 90 calendar days from the date the State agency receives written notice from the ACF Regional Office that it is not operating in substantial compliance. This deadline may be extended an additional 30 calendar days (as determined by the ACF Regional Office) when requested by the State agency in order for the State agency to submit additional documentation to the ACF Regional Office in support of cases determined to be in error as a result of the on-site eligibility review. However, States are encouraged to submit any additional documentation for this purpose as soon as possible after the on-site review.
There is no regulatory requirement governing the time frame for PIP approval by the ACF Regional Office; however, in order to ensure timeliness in the implementation of the PIP, the ACF Regional Office should notify the State agency of approval or disapproval within 30 calendar days from the receipt of the PIP. The approval notification should identify the targeted completion date, and be sent to the State agency by certified mail, with a return receipt requested. The approval letter should be signed and issued by the Regional Administrator and an electronic copy of the approval letter, with approved date, and PIP should be forwarded to the ACF Central Office team leader for eligibility monitoring. An approval of the PIP by ACF means that the PIP adequately addresses the required elements, but does not mean that a State agency can be assured of being in substantial compliance following a secondary or subsequent primary review. The PIP will have a prospective date for the State agency to begin the implementation of the PIP as specified in the ACF approval letter.
If the ACF does not approve the PIP, a written notification that details the basis for the decision and target date for resubmission will be sent to the State agency by certified mail, with a return receipt requested. The letter of nonapproval should be signed and issued by the Regional Administrator and an electronic copy of the letter should be forwarded to the ACF Central Office team leader for eligibility monitoring. Within 30 calendar days from receipt of the written notice, the State agency must revise and resubmit the PIP to the ACF Regional Office for approval. If, following negotiation and assistance from the ACF Regional Office, the State agency does not submit an approvable PIP within the specified timeframe, the ACF Regional Office will initiate a secondary review.
Timeframes for Implementing the PIP
State agencies will have a maximum of 12 calendar months from its approved implementation date in order to complete implementation of the PIP, unless State legislative action is required to implement needed corrective action. The PIP may be completed earlier than the 12-month period as determined by the latest date designated in the PIP for an action step to be achieved.
When State legislative action is required for PIP completion, an extension may be granted by ACF, with the ACF and the State agency negotiating the terms and duration of the extension. The State legislative action must be directly linked to an area of improvement and action strategy identified in the PIP. It is expected that negotiations concerning an extension of the PIP will have occurred before the completion of PIP implementation. The timeframe for the duration of the extension may not exceed the last day of the first legislative session after the date that was previously approved for completing the PIP.
Requests for a PIP extension must be submitted in writing by the State agency to the ACF Regional Office with documentation to support whether the extension is due to State legislative action necessary to make the required improvements. The ACF Regional Office must receive the written request no later than 60 calendar days before the targeted completion date of the PIP that was previously approved by ACF. The ACF Regional Office will submit to the ACF Central Office the State agency's request for an extension, along with the supporting information and the ACF Regional Office recommendation. The ACF Regional Office will notify the State agency of approval or disapproval of the PIP extension within 30 calendar days from the receipt of the State agency extension request. The approval notification should be sent to the State agency by certified mail, with a return receipt requested, and identify the targeted completion date. The approval letter is signed and issued by the Regional Administrator and an electronic copy of the approval letter, with approved date, and PIP are forwarded to the ACF Central Office team leader for eligibility monitoring.
The State agency will normally submit quarterly progress reports to ACF Regional Office, as well as a cumulative report upon completion of PIP implementation. The ACF Regional Office and State agency may determine jointly when less frequent reporting is necessary. The ACF Regional Office, in collaboration with the State agency and the ACF Central Office team leader for eligibility monitoring, will review the periodic reports to assess the State's progress in completing the prescribed action steps in accordance with the timeframes and conditions identified in the PIP. The quarterly progress report must contain sufficient detail to describe the progress made during the reporting period, including information that addresses the specific timeframes and benchmarks of progress included in the PIP.
The ACF Regional Office will work with the States to determine needed technical assistance, which will be provided to the extent available in order to assist States in implementing the PIP. To the degree possible, technical assistance needs should be coordinated with other program enhancements efforts underway in the State, especially with regard to the implementation of the State's child and family services review PIP and Court Improvement Projects.
