PLEASE NOTE: This policy
issuance has been withdrawn in its entirety and should be used only
for historical or reference purposes.
| ACF Administration for Children and Families |
U.S. DEPARTMENT OF HEALTH AND HUMAN
SERVICES |
|
| 1. Log No.: ACYF-PI-85-7 | 2. Issuance Date: 07/12/85 | |
| 3. Originating Office: Children's Bureau | ||
| 4. Key Word: Deadline for Section 427 Certification | ||
PROGRAM INSTRUCTION
TO: State Agencies Administering or Supervising Administration of Titles IV-E and IV-B of the Social Security Act and Indian Tribes and Indian Tribal Organizations (ITOs) Located in States Eligible to Receive Funds under Section 427 of the Social Security Act.
SUBJECT: Deadline for Fiscal Year 1985 Certification of Eligibility Under Section 427 of The Social Security Act for States or Tribes Not Previously Certifying Their Eligibility or Which Have Withdrawn Their Initial Year Certifications for Fiscal Year 1984.
LEGAL AND RELATED REFERENCES: Sections 420, 421, 422, 423, 427, 428, 471, 472, and 475 of the Social Security Act; 45 CFR 1356.21(d), 1357.15, 1357.25 and 1357.40; ACYF-IM 85-10 issued March 11, 1985.
BACKGROUND: Section 427 specifies certain foster care protections and services that States, Tribes or ITOs must provide to be eligible for additional funds over their share of $141 million. Compliance with the law requires actual delivery of the services and protections to eligible children and their families within the time requirements specified in the statute.
To meet the requirements of section 427(a) and to be eligible for additional funds for Fiscal Year 1985, the inventory of all children in foster care required in section 427(a)(1) must be completed and the statewide information system described in section 427(a) must be in operation. The case review system required under section 427(a)(2)(B) and defined in section 475(5) must be implemented and operating to the extent that all children in foster care under the care of the State or under the supervision of the Indian Tribe or ITO for six months or more have case plans and received timely reviews by either a court or an administrative authority by September 30, 1985.
To be eligible for Federal financial participation under title IV-E for placements pursuant to voluntary placement agreements, States, Tribes, and ITOs must also meet the requirements of section 427(b)(3). This section requires implementation of a preplacement preventive services program designed to help children remain with their families. The program must be available throughout the State, Tribe or ITO and arrangements must be in place to assure appropriate delivery of services to children and their families.
To be eligible for Fiscal Year 1985 funds, States, Tribes and ITOs initially certifying eligibility in Fiscal Year 1985 must have implemented and be operating the required protections and services by September 30, 1985.
The State, Tribe or ITO service program to help children return to their families or to be placed for adoption, section 427(a)(2)(C), must be in operation throughout the State, Tribe or ITO and arrangements must be in place to assure appropriate delivery of services to children and families in need of them.
ACTION REQUIRED: Section 422 of the Social Security Act requires that to be eligible for payment under title IV-B, the State must have a plan for child welfare services which has been jointly developed by the Secretary and the State agency, Tribe or ITO that meets the requirements of this section. Any funds awarded under section 427 are title IV-B funds and are subject to the requirement that the States and the Department engage in joint planning. This requirement can be met during development of the Long Range Strategy of the Child Welfare Services Plan or through a jointly developed addendum to the Long Range Strategy.
States, Tribes or ITOs whose certifications and CWS 101's are not received by the appropriate ACYF office by August 15, 1985, or sent by certified mail by August 10, 1985, will not be eligible for funds available over $141M for Fiscal Year 1985. Funds not allotted to these States and Tribes will be reallotted, in accordance with 45 CFR 1357.30(g), only among States with previously established eligibility or who have certified by that date that it will be able to obligate all its funds during the fiscal year.
States, Tribes or ITOs which have not previously certified eligibility for funds under section 427 (or have withdrawn certification for Initial Eligibility) and will have implemented the protections and have them operating in Fiscal Year 1985 should submit the "Certification of Eligibility for Additional Funds under Section 427 of the Social Security Act" and the CWS 101 (copies attached).
The certification for section 427 funds, as well as a copy of the CWS 101, must be submitted to the appropriate Regional Program Director (addresses attached).
The original CWS 101 and a copy must be sent to:
| Formula Grants Branch Management Support Division Administration for Children, Youth and Families P.O. Box 1182 Washington, D.C. 20013 |
States and Tribes certifying eligibility under section 427 for Fiscal Year 1985 will have a post certification eligibility review after the close of the fiscal year. The post certification Initial Compliance Review consists of a review of the State's, Tribe's or ITO's administrative procedures, as well as a case record survey. However, only if the administrative procedures are fully satisfactory in meeting 100 percent of the statutory and regulatory requirements will the case record survey be conducted. After the Initial Compliance Review, the administrative procedures are not usually reviewed again unless changes are made in them or information is provided or discovered which would warrant review of the administrative procedures. The expectation is that the administrative procedures continually meet the requirements of the Act. Failure of the administrative procedures to meet the requirements of the Act will result in ineligibility for section 427 funds for the Federal fiscal year being reviewed and possibly subsequent Federal fiscal years.
EFFECTIVE DATE: Effective upon issuance
INQUIRIES: Regional Program Director for Children, Youth and Families
/s/
Dodie Livingston
COMMISSIONER
Attachments:
Attachment I - Certification of Eligibility for Additional
Funds Under Section 427 of the Social Security Act
Attachment
II - Annual Budget Request for Title IV-9 Funds
Attachment III
- Annual Summary of Child Welfare Services
Attachment IV - Instructions for the Preparation of the Annual
Summary of Child Welfare Services
