ATTACHMENT D
Policy Guidance for Certain Section 427 Requirements
The following questions and answers are provided in response to issues raised in the recent field test of section 427 certification review procedures. This guidance is incorporated into the revised review procedures.
Question 1:
Must dispositional hearings and periodic reviews be held for children placed in foster care on a "long-term" or permanent basis by a court’
Answer:
Section 475(5)(C) states that the dispositional hearing:
"Shall determine the future status of the child (including but not limited to, whether the child should be returned to the parent, should be continued in foster care for a specified period, should be placed for adoption, or should (because of the child's special needs or circumstances) be continued in foster care on a permanent or long-term basis)..."
There is no need for further dispositional hearings for children whom a court has determined should remain permanently in foster care, whether the permanent placement is with relatives or non-relatives. The periodic review requirement continues to apply to children in long term or "permanent" foster care inasmuch as all children in foster care should be afforded the benefits of continuous case plan assessments.
Questions 2:
Must dispositional hearings and periodic reviews be held for children still in foster care but for whom parental rights have been terminated and the termination of such rights is under court appeal’
Answer:
Dispositional hearings would not be required for children for whom termination of parental rights is under court appeal. The outcome of such an appeal would affect whether the child could be placed for adoption, returned home or continued in foster care. Once the appeal is decided, the dispositional hearing should be held as soon as possible unless that decision adjudicates the future status of the child. All subsequent hearings should be held as appropriate until the child is permanently placed.
Periodic reviews to assess the child's case plan are required during the period the appeal is pending.
Question 3:
Must dispositional hearings and periodic reviews be held for children whose 18th birthday or age of emancipation as defined by State law, has been reached prior to the time the hearings or reviews are due’
Answer
Section 427(a)(2)(B) requires that the case review system as defined in section 475(5) be applied to "...each child receiving foster care under the supervision of the State..." Therefore, as long as the child is receiving foster care under the supervision of the State, the dispositional hearing and periodic review requirements must be met. Of course, if a judicial decision has been made that an 18 year old should remain in long term foster care rather than return home or be placed for adoption, further dispositional hearings would not be necessary.
Question 4:
What beginning date should be used for determining the date on which periodic reviews and dispositional hearings are due’
Answer:
Section 427(a)(2)(B) requires a State to have a case review system as defined in section 475(5) for each child "receiving foster care under the supervision of the State." Section 475(5)(B) requires that the "status of each child [b] reviewed periodically but no less frequently than once every six months...in order to determine the continuing necessity for and appropriateness of the placement..." A State may begin counting the six months no later than the date on which it assumes responsibility for the supervision of the child in foster care. The State is also free to choose an earlier date.
For foster children receiving either title IV-E or title IV-A foster care payments, the statute requires that the State agency have responsibility for the child's "placement and care." The State agency need not be given "custody" of the child. Under a similar analysis, that language in section 427(a)(2)(B) that the foster child be "under the supervision of the State" does not necessarily require that the State have "custody" of the child.
The beginning date for counting when the periodic review is due is the date the State assumes responsibility for the child's care. States are free to choose an earlier date but not a later one. Essentially, for most States, this means the date the child is removed from the home will be the starting day for determining when reviews are due.
Since legal custody is not a prerequisite for determining when the case review system applies, voluntary placements are also subject to periodic reviews 6 months after the date the State assumed responsibility for the supervision of the child in foster care.
Dispositional hearings must be held not later than eighteen months after original placement. Thus, States must choose a date no later than the initial date of placement in foster care to begin counting the eighteen months. Again, it must be noted that the State need not necessarily be given custody, only responsibility for the placement and care of the child. In practice there is no difference in the starting date for counting when periodic reviews or dispositional hearings are due.
Question 5:
By what date must periodic reviews and dispositional hearings be completed’
Answer:
States are required to complete periodic reviews and dispositional hearings within the time limits set by the Act. However, during Federal certification reviews, these actions will be considered timely if they are completed on or before the same date in the month following the due date. For example, a review or hearing due June 29 must be held by July 29. This policy applies only to the section 427 compliance review and in no way abrogates the statutory requirements. States having difficulty completing case reviews and dispositional hearings within the statutory time limits will be expected to take actions to improve their systems.
Questions 6:
How should "interrupted" placements be considered in determining when periodic case reviews and dispositional hearings are due’
Answer:
Interrupted placements may occur when a child is returned home with the intention of remaining home and then return to foster care, when the child is returned home on a trail basis or when the child runs away while in foster care. When a child returned home with the intention of remaining home returns to foster care, it is a new placement and the time for counting dates for periodic reviews and dispositional hearings begins a new. If a child is returned home on a trial basis the placement is considered continuous. A distinction is made between a child's return home with the intent that it be permanent and a child's return home on a trial basis.
If a child runs away while in foster care, unless the responsibility of the State agency is terminated, the placement is still the same. Often, a State's responsibility is terminated and the case closed for runaway children who are not returned within a reasonable time. In these cases, if the child eventually returns and the case is reopened, a new period of foster care is considered to have begun for case reviews and dispositional hearings. If the State retained responsibility for the child during the runaway period, the State should continue periodic reviews and dispositional hearings on the original schedule.
Question 7:
Can cases which are found unacceptable for FY'81 be made acceptable for FY'82’
Answer:
States have a 90 day "grace period" to make cases that are unacceptable in the initial fiscal year under review, acceptable in the following fiscal year. For example, if a case is rejected for FY'81 because it lacks any one of the three major safeguards - case plan, case review, dispositional hearing (if applicable), it may be acceptable for FY'82 if the missing action is completed within the first quarter of the following fiscal year by no later than 12/31/81.
Attachments:
Attachment A - Report on
State Eligibility
Attachment B - State
Agency Administrative Review
Attachment C
- Case Record Survey
Attachment E - Case Record Sample Survey for Section 427 of the
Social Security Act (SSA) Eligibility Determination
