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| ACF Administration for Children and Families |
U.S. DEPARTMENT
OF HEALTH AND HUMAN SERVICES Administration for Children, Youth and Families |
|
| 1. Log No.: ACYF-CB-IM-05-06 | 2. Issuance Date: September 14, 2005 | |
| 3. Originating Office: Children's Bureau | ||
| 4. Key Words: Title IV-E, Hurricane Katrina | ||
| To: | State and Territorial Agencies Administering or Supervising the Administration of title IV-B and title IV-E of the Social Security Act |
| Subject: | Title IV-E and Hurricane Katrina |
| Legal and Related References: |
Sections 471, 472, 474 and 474 of the Social Security Act; 45 CFR Part 1356.60; Departmental Appeals Board Decision No. 1737 |
| Purpose: | To remind States of flexibility in the title IV-E program that may help them serve vulnerable children and families who have been affected by Hurricane Katrina. |
| Information: |
In the aftermath of Hurricane Katrina, we want to remind States of the areas in which title IV-E funds may assist them in their efforts to protect and support hurricane victims. The Child Welfare Policy Manual (CWPM) provides detailed guidance on allowable costs that States may claim under title IV-E. Below we highlight specific policy areas and allowable costs that may be particularly useful to States that have been affected by the hurricane. Children at risk of foster care placement A candidate for foster care is a child who is at serious risk of removal from home as evidenced by the State agency either pursuing his/her removal from the home or making reasonable efforts to prevent such removal (see CWPM at 8.1D).
Recruiting foster care providers States may need to license or approve new foster family homes to accommodate children displaced by Hurricane Katrina. States should be aware of the following:
Meeting children's needs in foster care maintenance payments
Providing the match for Federal funds States may claim FFP for allowable title IV-E costs paid with funds donated to support specific activities (see CWPM at 8.1F #3). The following conditions must be met if a State wishes to use donated funds to meet Federal cost-sharing requirements:
Case review requirements Areas that have been affected by Hurricane Katrina may not have court systems that are fully functioning. Although periodic reviews and permanency hearings are important protections for children in foster care, we remind States that neither is a title IV-E eligibility requirement and therefore, delays in conducting these activities will not adversely affect a child's eligibility for title IV-E. Judicial determinations States also may establish alternative procedures for obtaining judicial determinations regarding contrary to the welfare and reasonable efforts, including reasonable efforts to achieve permanency, as there is no Federal requirement that these determinations be made at a court hearing. These judicial determinations are required to establish a child's eligibility for title IV-E. Federal oversight Further, in conducting Child and Family Services Reviews, title IV-E eligibility reviews and other oversight activities in the future, ACF will be cognizant of the extraordinary demands that this natural disaster has placed on many States. |
| Inquires: | ACF Regional Offices |
|
/s/ Wade F. Horn, Ph.D.
Assistant Secretary for Children and Families |