Home > Laws & Policies > Policy/Program Issuances > Program Instructions > PI-83-02
Attachment A
STATE CERTIFICATION OF
ELIGIBILITY FOR ADDITIONAL FUNDS UNDER SECTION 427 OF THE SOCIAL
SECURITY ACT
(AS AMENDED BY P.L. 96-272, THE ADOPTION ASSISTANCE AND
CHILD WELFARE ACT OF 1980)
State of
I certify that (name of designated agency) meets the
requirements of section 427(a) specified below:
- Has Completed an Inventory 427(a)(1) An inventory of all
children who have been in foster care under the responsibility of
the State for a period of six months preceding the inventory, and
- determined the appropriateness of, and necessity for, the
current foster care placement, whether the child can or should be
returned to his or her parents or should be freed for adoption;
and
- determined the services necessary to facilitate either the
return of the child or the placement of the child for adoption or
legal guardianship.
- Has Implemented and is Operating a Statewide Information System
427(a)(2)(A) A statewide information system from which the
following data can readily be determined for every child currently
in foster care and all children who have been in foster careith in
the preceding 12 months:
- demographic characteristics;
- legal custody status;
- location; and
- placement goals.
- Has Implemented and is Operating a Case Review System [The
language in this section varies somewhat from that used in Section
475 in the interim State Plan for title IV-E, in which the
provisions are slightly more abbreviated. There is no variation in
the substance of the provisions.]
- Case Plan 471(a)(16) 1. For each child receiving foster care
maintenance payments, there is a case plan (as defined in Section
475 of the Act) which is a written document including at a minimum
475(1)
- a description of the type of home or institution in which the
child is to be placed;
- a discussion of the appropriateness of the placement and how
the responsible agency plans to carry out the judicial
determination made with respect to the child in accordance with
section 472(a)(1);
- *a plan for assuring that the child receives proper care and
that services are provided to the parents in order to improve the
conditions in the parents' home and to facilitate the child's
return to his or her own home or the permanent placement of the
child;
- a plan for assuring that services are provided to the child and
foster parents in order to address the needs of the child while in
foster care; and
- a discussion of the appropriateness of the services that have
been provided to the child under the plan. 475(5)(A)
- The case plan for each child is designed to achieve placement
in the least restrictive (most family like) setting available and
in close proximity to the parent's home consistent with the best
interests and special needs of the child. *Section 472(a)(1) - "The
removal from the home was the result of a judicial determination to
the effect that continuation therein would be contrary to the
welfare of such child and (effective October 1, 1983) that
reasonable efforts of the type described in Section 471(a)(15) have
been made."
- Case Review
The State Agency has a case review system which meets the
requirements of Section 475(5) of the Act and assures that
475(5)(B)
- a review of each child's status is made no less frequently than
once every six months either by a court or by an administrative
review to
- determine the continuing need for and appropriateness of the
placement,
- determine the extent of compliance with the case plan,
- determine the extent of progress made toward alleviating or
mitigating the cause necessitating the placement in foster care,
and
- project a likely date by which the child may be returned home
or placed for adoption or legal guardianship.
- 475(6) If an administrative review is made, the following
requirements specified in Sec. 475(6) are met.
- the review is open to the participation, of the parent(s) of
the child, and
- the review is conducted by a panel of appropriate persons at
least one of whom is not responsible for the case management of, or
the delivery of services to, either the child or the parent(s) who
are the subject of the review.
- 475(5)(C)The State Agency applies procedural safeguards with
respect to each child in foster care under supervision of the State
which include:
- a dispositional hearing held in a family or juvenile court or
another court (including a tribal court) of competent jurisdiction
or by an administrative body appointed or approved by the court, no
later than 18 months after the original placement (and periodically
thereafter during the continuation of foster care) to determine the
future status of the child (including whether child should be
returned to the parent(s), should be continued in foster care for a
specific 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), and
- procedural safeguards with respect to parental rights
pertaining to the removal of the child from his or her parent's(s')
home, to a change in the child's placement and to any determination
affecting visitation privileges of the parent(s).
- Has Implemented and is Operating a System of Reunification and
other Permanent Placement Services
427(a)(2)(C) A services program designed to help children, where
appropriate, return to families from which they have been removed
or be placed for adoption or legal guardianship. The State Agency
further certifies that in addition to the above requirements it
/ / has implemented
/ / has not implemented
the requirements of Section 427(b)(3) for a preplacement
preventive service program designed to help children remain with
their families. Section 427(b) is required for States wishing to
claim FFP for children placed in foster care pursuant to a
voluntary placement agreement (Sec. 472(d) of the Social Security
Act as amended by Sec. 102(a)(2) of P.L. 96-272).
Date Commissioner of Single State Agency
Date Director of Single Organizational Unit