ACYF-CB-PI-09-08

ACF Administration For Children and Families	U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES Administration on Children, Youth and Families
	1. Log No.: ACYF-CB-PI-09-08	2. Issuance Date: October 14, 2009
	3. Originating Office: Children's Bureau
	4. Key Words: Title IV-E Plan Pre-Print

Program Instruction

To: State, Tribal and Territorial Agencies Administering or Supervising the Administration of Title IV-E of the Social Security Act (Act), Federally-recognized Indian Tribes and Indian Tribal Organizations (Tribes)

Subject: Title IV-E Plan Pre-print- Fostering Connections to Success and Increasing Adoptions Act of 2008 (Public Law (P.L.) 110-351)

Legal and Related: Titles IV-B, IV-D and IV-E of the Act; P.L. 110-351; ACYF-CB-PI-08-05; ACYF-CB-IM-08-03; ACYF-CB-PI-08-07; and ACYF-CB-PI-09-04

Purpose: To provide a new title IV-E plan pre-print to States and to Tribes that elect to operate a title IV-E program pursuant to 479B of the Act. The title IV-E plan pre-print incorporates the new statutory provisions made by P.L. 110-351 that are effective through fiscal year (FY) 2010.

Information: P.L. 110-351 was enacted on October 7, 2008. The law amends many provisions of titles IV-B and IV-E of the Act. A summary of P.L. 110-351 is provided in ACYF-CB-PI-08-05. A summary of statutory provisions specific to Tribes is provided in ACYF-CB-IM-08-03. Information for implementing the new Guardianship Assistance Program is provided in ACYF-CB-PI-08-07. Interim instructions to States on addressing the financial reporting implications of P.L. 110-351 is provided by ACYF-CB-PI-09-04. The attached pre-print incorporates the statutory provisions of P.L. 110-351 that are effective through FY 2010.

Actions required: Each title IV-E agency must submit to the Children's Bureau (CB) a title IV-E plan pre-print that reflects implementation of, and compliance with, the new and amended title IV-E statutory requirements pertaining to P.L. 110-351. Title IV-E agencies may amend their title IV-E plan by submitting the enclosed pre-print pages, using the electronic version found at the CB web page at http://www.acf.hhs.gov/programs/cb, or a format of the agency's choosing that contains all of the required information.

States:

States must submit documentation of the following title IV-E statutory requirements (see Attachment B) to the appropriate CB Regional Program Manager (see Attachment A) electronically via the internet or on a compact disk¹:

Sections 1-5 of the enclosed title IV-E plan pre-print
Section 6 of the enclosed title IV-E plan pre-print, only if a State is currently operating or elects to begin operating the optional Guardianship Assistance Program
Copies of referenced material to document compliance for any cited statute, regulation, resolution, policy and procedure for each Federal requirement

States must sign and submit the following certifications and assurances with the title IV-E plan pre-print (or alternative format) to the appropriate CB Regional Program Manager:

Attachment I- Certification signed by the official submitting the plan
Attachment II- Governor/Tribal Leader's Certification
Attachment III- State Assurances

State compliance with all statutory and regulatory provisions continues to be mandatory, regardless of the approval status of the title IV-E plan pre-print. States with child welfare information systems, including a Statewide Automated Child Welfare Information System (SACWIS), should determine if compliance with the statutory and regulatory provisions will require system enhancements to support new or modified child welfare procedural or business practices. If States determine that such enhancements are needed, an As Needed Advance Planning Document must be submitted to the CB Division of State Systems if the cost of the enhancement exceeds the thresholds defined in 45 CFR 95.611.

Tribes:

Tribes that elect to operate a title IV-E program pursuant to 479B of the Act must submit documentation of the following title IV-E statutory requirements (see Attachment B) to the appropriate CB Regional Program Manager (see Attachment A) electronically via the internet or on a compact disk²:

Sections 1-5 of the enclosed title IV-E plan pre-print
Section 6 of the title IV-E plan pre-print only if a Tribe elects to operate the optional Guardianship Assistance Program
Section 7 of the enclosed title IV-E plan pre-print specific to Tribes that elect to operate a direct funding program pursuant to section 479B of the Act
Copies of referenced material to document compliance for any cited statute, regulation, law, resolution, policy and procedure for each Federal requirement

Tribes must sign and submit the following certifications and assurances with the pre-print (or alternative format) to the appropriate CB Regional Program Manager:

Attachment I- Certification signed by the official submitting the plan
Attachment II- Governor/Tribal Leader's Certification
Attachment IV- Tribal Assurances
Attachment V- 479B Tribal Certifications

Effective Date: States must submit an approvable plan to CB prior to December 30, 2009. Tribes that choose to operate a directly funded title IV-E program beginning October 1, 2009 must submit an approvable title IV-E plan to CB prior to December 30, 2009. Should a State or Tribe elect not to operate an optional program (see section 6 and section 7 in the attached pre-print) at this time, the option will remain available for election in a later quarter. ACF may apply the partial review process described in 45 CFR 1355.32(d), if warranted, to determine compliance with a title IV-E plan provision in the Act.

Inquires: Children's Bureau Regional Program Managers

/s/
Maiso L. Bryant
Acting Commissioner
Administration on Children, Youth and Families

Attachment A - CB Regional Offices
Attachment B - Title IV-E plan pre-print

¹If a State is unable to submit electronic signatures for purposes of certification, it may submit the appropriate pages with original signatures in paper copy. back
²If a Tribe is unable to submit electronic signatures for purposes of certification, it may submit the appropriate pages with original signatures in paper copy. back