What’s New in Laws & Policies

Current as of:

This page provides resources and information about new federal legislation, regulations, and Children's Bureau policies. As new laws are passed, regulations are issued, or the Children's Bureau announces new policy, the information on this page is changed to ensure that the most current policy information is available to stakeholders quickly and accurately. Any questions or comments about information and resources provided here should be directed to the Children's Bureau Regional Program Managers.

New Information Memoranda (IMs) and Program Instructions (PIs)

  • ACYF-CB-IM-23-09 - This Information Memorandum (IM) is to remind state and tribal title IV-E agencies of the school enrollment and educational stability requirements for students in foster care included in the title IV-E and the Elementary and Secondary Education Act.
  • ACYF-CB-IM-23-08 - This Information Memorandum (IM) informs title IV-E agencies that a notice of proposed rulemaking was published proposing to ensure the availability of safe and appropriate placements and services for children in foster care who identify as LGBTQI+.
  • ACYF-CB-PI-24-04: This Program Instruction (PI) provides guidance on the eligibility requirements and grant application procedures for the State CIP grant for FY 2025, including updating the five-year strategic plan, and to provide guidance on the requirements for state courts to continuously assess and improve the handling of court proceedings related to child welfare and enhance collaboration with title IV-B/IV-E agencies and tribes.
  • ACYF-CB-PI-24-03 - This Program Instruction (PI) provides guidance to Indian Tribes, Indian Tribal Organizations and Indian Tribal Consortia (hereafter “tribes,” unless otherwise noted) on actions they are required to take to receive their allotments for Federal Fiscal Year (FY) 2020 (subject to the availability of appropriations) authorized under title IV-B, subparts 1 and 2, and Chafee and ETV programs.

To find additional Information Memorandums (IMs) and Program Instructions (PIs), click here.

Notice of Proposed Rulemaking on the Adoption and Foster Care Analysis and Reporting System

A proposed rule on the Adoption and Foster Care Analysis and Reporting System (AFCARS) was published in the Federal Register on February 23, 2024 (89 FR 13652).  It proposes to amend the AFCARS regulations to require state title IV-E agencies to collect and report data elements related to the procedural protections of the Indian Child Welfare Act of 1978 (ICWA).

Notice of Proposed Rulemaking on Foster Care Legal Representation

ACF published a proposed rule in the Federal Register on September 28, 2023 (88 FR 66769) that proposes to allow a title IV—E agency to claim Federal financial participation (FFP) for the administrative cost of an attorney providing legal representation in certain proceedings.

Notice of Proposed Rulemaking on Safe and Appropriate Foster Care Placement Requirements

ACF published a proposed rule in the Federal Register on September 28, 2023 (88 FR 66752) that proposes to specify the steps agencies must take when implementing the case plan and case review requirements for children in foster care who identify as lesbian, gay, bisexual, transgender, queer or questioning, intersex, as well as children who are non-binary, or have non-conforming gender identity or expression.

Separate Licensing Standards for Relative or Kinship Foster Family Homes

ACF published a final rule in the Federal Register on September 28, 2023 (88 FR 66700) that allows title IV-E agencies to adopt foster family home licensing or approval standards for foster family homes of relatives or kin that differ from nonrelative foster family homes standards. It also requires that during the title IV-E agency’s periodic review of licensing standards and the amount of foster care maintenance payments, the agency ensures that eligible children receive the same amount of foster care maintenance payments regardless of whether they are placed in a licensed or approved relative, kinship, or unrelated foster family home.

  • Final Rule (September 28, 2023) - This is a link to the Final Rule in the Federal Register (88 FR 66700).
  • ACYF-CB-IM-23-07 - This Information Memorandum informs title IV-E agencies of the publication of this final rule.
  • ACYF-CB-PI-23-10 - This Program Instruction provides instructions for title IV-E agencies that opt to adopt licensing or approval standards for relative or kinship foster family homes that differ from the standards used for non-relative foster family homes.
  • NPRM (February 14, 2023)  - This is a link to the NPRM in the Federal Register (88 FR 9411) and associated issuance ACYF-CB-IM-23-02.

Adoption and Foster Care Analysis and Reporting System Rulemakings

A final rule on the Adoption and Foster Care Analysis and Reporting System (AFCARS) was published in the Federal Register on May 12, 2020. It finalizes a proposal to streamline the information required to be reported by title IV-E agencies from the 2016 AFCARS final rule.

Family First Prevention Services Act (FFPSA)

The President signed the Bipartisan Budget Act of 2018 (P.L. 115-123) into law on February 9, 2018. This law includes the Family First Prevention Services Act (FFPSA), which reauthorizes and amends the title IV-B subparts 1 and 2 programs; amends the Chafee program, amends the title IV-E foster care program to create new optional prevention funding under title IV-E; places title IV-E payment limits on child care institutions; and reauthorizes the Adoption Incentives Program among other changes. Below are some issuances related to the law’s provisions; see also the Title IV-E Prevention Program webpage.

  • ACYF-CB-IM-18-02 - This Information Memorandum informs states and tribes of the enactment of FFPSA and provides basic information on the new law.
  • ACYF-CB-PI-18-11 - This Program Instruction provides instructions to title IV-E agencies on the requirements for participating in the Title IV-E Kinship Navigator Program, as amended by the FFPSA.
  • Federal Register Notice on Proposed National Model Foster Family Home Licensing Standards - This Federal Register notice published August 1, 2018, describes the Children’s Bureau's proposed model standards for foster family home licensing (83 FR 37495). ACYF-CB-IM-19-01 was issued providing the National Model Foster Family Home Licensing Standards required by FFPSA.

Joint Guidance on requirements of Title II of the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act

Protecting the Rights of Parents and Prospective Parents with Disabilities: Technical Assistance for State and Local Child Welfare Agencies and Courts under Title II of the Americans with Disabilities Act and Section 504 of the Rehabilitation Act — The Children’s Bureau, the HHS Office for Civil Rights and the U.S. Department of Justice have issued joint guidance to state and local child welfare agencies and courts on the requirements of Title II of the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act. The guidance is part of a new partnership between HHS and DOJ to help child welfare agencies protect the welfare of children while ensuring compliance with federal nondiscrimination laws. Letter