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An Office of the Administration for Children & Families

ACF Home  »   Children's Bureau  »   Law & Policies    »   Child Welfare Policy Manual  

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Child Welfare Policy Manual Updates
Deletions to the Manual

The following are questions and answers that have been deleted from the manual. They are listed here strictly for historical purposes.

  • 1.1 AFCARS, Compliance and Penalties
    • 1. Question: How are the penalties calculated for a submission (e.g., the 90% accuracy requirement)? (Deleted July 5, 2002)

      Answer: After an opportunity for corrective action, penalties will be calculated on an element by element basis. If an applicable element is missing, out-of-range, or is part of an internal consistency relationship (as dictated in 45 CFR 1355, Appendix E) that fails, it will be converted to missing and considered in error. The percentage of errors per element will then be calculated using the number of errors across all records per element as the numerator, and the number of records that require that element as the denominator. The denominator will not always be the total number of records for each element; rather, the denominator will be the number of records for which an element requires an entry of information. An entry can include unknowns, not applicable, etc. Also in the Foster Care file, records that meet certain criteria are only required to contain "Core" data; in the Adoption file, records in which the State Agency had no involvement are not required to submit elements 5-37. If the percentage yielded from this calculation is greater than the error standard (in most cases 10%), a penalty will be assessed on the file (i.e., foster care or adoption) in which the element appears. In addition, penalties can be incurred by: No submission of a file; Submission of a file after the 45 day submission period; More than 10% of the records in the foster care data contain a removal transaction (computer-generated) date that is more than 60 days from the associated removal date; More than 10% of the applicable records in the foster care file contain a discharge transaction date that is more than 60 days from the actual date of discharge.
      • Source/Date: ACYF-CB-PIQ-95-01 (3/8/95)
      • Legal and Related References: Social Security Act - section 479; 45 CFR Parts 1355, 1356 and 1357


  • 1.2B.6 AFCARS, Data Elements and Definitions, Foster Care Specific Elements, Outcome information
    • 1. Question: Some States do not capture information about outcomes except when the children not only are discharged from agency custody, but also the case is closed and the agency is no longer providing any type of services to the family. If this is the case for a particular State, how will penalties be assessed for lack of information? (Deleted July 5, 2002)

      Answer: Outcome information relates specifically to the intended permanent release of a child from foster care. The regulation requires an outcome at the time the child is discharged from agency custody, that is, the agency no longer has care and responsibility or supervision, which serves to explain why the child exited foster care. Failure to supply required outcome information at the appropriate time will be treated as missing data for the purposes of assessing penalties. (See: 45 CFR 1355, Appendix A, Section I, Roman Numeral X, Questions A and B. Also see: Appendix D, Detailed Foster Care, Element Numbers 56 and 58.)
      • Source/Date: ACYF-CB-PIQ-94-01 (7/8/94)
      • Legal and Related References: Social Security Act - section 479; 45 CFR Parts 1355, 1356 and 1357


  • 1.2B.7 AFCARS, Data Elements and Definitions, Foster Care Specific Elements, Placements
    • 3. Question: If a child is on a trial home visit or has run away as of the end of the reporting period, what is to be reported in the "Date of placement in current foster care setting" field? (Deleted July 5, 2002)

      Answer: "Date of placement in current foster care setting" should be the date the child was placed in the setting from which he/she ran away or left for a trial home visit. The "Current Placement Setting" would be changed to either "Runaway" or "Trial Home Visit". (See: 45 CFR 1355, Appendix D, Detailed Foster Care, Element Numbers 23 and 41.)
      • Source/Date: ACYF-CB-PIQ-95-01 (3/8/95)
      • Legal and Related References: Social Security Act - section 479; 45 CFR Parts 1355, 1356 and 1357


      14. Question: If a child goes home on a regular basis (e.g., the child is placed in an institution, but goes home to his or her family on weekends), is this considered two placements each week? (Deleted July 5, 2002)

      Answer: As a general rule, the ongoing placement setting for the child is the key placement setting to report. It is best to look at a situation like this for the longer term intent for the child's placement in substitute care. If the child's regular placement setting is in an institution, the weekend visits home are not considered new placement settings as "trial home visits," they are understood to be a temporary situation, while the child resides in the institution. The same reasoning would apply to: A child who stays a day or two in a hospital for medical treatment. (In the case of a boarder baby, whose initial placement is a general hospital for medical treatment and continuing care, the hospital stay WOULD be a placement setting); or a child in foster care who spends a week at a summer camp. (See: 45 CFR 1355, Appendix D, Detailed Foster Care, Element Number 24.)
      • Source/Date: ACYF-CB-PIQ-95-01 (3/8/95)
      • Legal and Related References: Social Security Act - section 479; 45 CFR Parts 1355, 1356 and 1357


      16. Question: How are children in shelter care indicated on the AFCARS questionnaire? (Deleted July 5, 2002)

      Answer: The placement setting for children in shelter care should be classified by type of facility, i.e., Foster Family Home (Relative and Non-Relative), Group Home or Institution. (See: 45 CFR 1355, Appendix A, Section I, Roman Numeral V, Question A. Also see: Appendix D, Detailed Foster Care, Element Number 41.)
      • Source/Date: ACYF-CB-PIQ-94-01 (7/8/94)
      • Legal and Related References: Social Security Act - section 479; 45 CFR Parts 1355, 1356 and 1357


  • 2.1A.3 CAPTA, Assurances and Requirements, Access to Child Abuse and Neglect Information, Open courts
    • 2. Question: Some States have enacted laws that allow open courts for juvenile protection proceedings, including child in need of protection or services hearings, termination of parental rights hearings, long-term foster care hearings and in courts where dependency petitions are heard. Questions have arisen about whether courts that are open to the public and allow a verbal exchange of confidential information meet the confidentiality requirements under CAPTA. Do the confidentiality provisions in CAPTA restrict the information that can be discussed in open court? (Deleted April 17, 2006)

      Answer: Yes. The purpose of the confidentiality provision is to protect the privacy rights of individuals receiving services or assistance under this program and to assure that confidential information is not disclosed to unauthorized recipients. Although, under CAPTA, confidential information may be shared with the courts, there is no provision which allows for public disclosure of such information except in cases of child abuse or neglect that result in the death or near death of a child. The confidentiality requirements of CAPTA do not prohibit open courts per se. However, to the extent that the proceedings involve discussion of confidential information from the child abuse and neglect report and record, the confidentiality requirements apply. Accordingly, such information cannot be discussed in a public forum, including an open court. To the extent that confidential information is relevant to the proceedings, it must be discussed in the court's chambers or some other restricted setting, and the pertinent sections of the transcript must be kept confidential as well. Violation of the Federal confidentiality provisions is a State plan compliance issue under CAPTA.
      • Source/Date: ACYF-CB-PIQ-98-01 (6/29/98)
      • Legal and Related References: Social Security Act - section 471 (a)(8); Child Abuse Prevention and Treatment Act (CAPTA), as amended (42 U.S.C. 5101 et seq.) - section 106; 45 CFR 205.50; 45 CFR 1355.21 (a)


  • 2.1F CAPTA, Assurances and Requirements, Infants Affected by Substance Abuse
    • 3. Question: The Child Abuse Prevention and Treatment Act (CAPTA) provision at section 106(b)(2)(A)(ii) requires States to adopt policies and procedures to address the needs of infants identified as being affected by illegal substance abuse or withdrawal symptoms resulting from prenatal drug exposure. Does this requirement include an infant who is affected by prenatal exposure to alcohol? (Deleted May 3, 2016)

      Answer: No. The inclusion of an infant?s prenatal exposure to alcohol was considered but excluded from the requirement by Congress. Specifically, the House bill included "fetal alcohol syndrome" in the provision, but the Senate bill did not. Rather, the original Senate language which does not mention prenatal exposure to alcohol was finally adopted in conference and enacted into law. The Senate Report (S. Rpt. 108-12) notes: "While the committee felt constrained, because of limited ability to detect and diagnose it at birth, not to include prenatal exposure to alcohol in this requirement, the Committee remains concerned about the affects [sic] of alcohol on infants and a possible later diagnosis of fetal alcohol syndrome." The Senate Report further stated that "[t]he committee wants to be clear that it is not intending to pre-empt State law regarding what constitutes child abuse or requirements for prosecution, nor does the committee intend to signal that States should no longer investigate cases involving prenatal exposure to alcohol." Therefore, although the inclusion of infants who are born with prenatal exposure to alcohol is not required by the CAPTA provision, neither is it prohibited.
      • Source/Date: 05/02/06
      • Legal and Related References: Child Abuse Prevention and Treatment Act (CAPTA), as amended (42 U.S.C. 5101 et seq.) - section 106(b)(2)(A)(ii)


  • 2.1J CAPTA, Assurances and Requirements, Criminal Background Checks
    • 1. Question: Are fingerprints required as part of the criminal background check requirement in section 106(b)(2)(B)(xxii) of CAPTA? (Deleted September 5, 2019)

      Answer: Yes. Public Law 111-320 amended section 106(b)(2)(B)(xxii) of CAPTA in 2010 to require that States have provisions and procedures that require criminal background checks for prospective foster and adoptive parents and other adults residing in the household that meet the title IV-E criminal background check requirements. The title IV-E requirements in section 471(a)(20) of the Social Security Act require fingerprint-based criminal record checks of national crime information databases.
      • Source/Date: 05/02/06; updated 12/9/11
      • Legal and Related References: Social Security Act ¿ section 471(a)(20); Child Abuse Prevention and Treatment Act (CAPTA), as amended (42 U.S.C. 5101 et seq.) ¿ section 106(b)(2)(B)(xxii)


      2. Question: Does the requirement at section 106(b)(2)(A)(xxii) of the Child Abuse Prevention and Treatment Act (CAPTA) for criminal background checks for prospective foster and adoptive parents and other adults living in the household apply if no title IV-E foster care or adoption assistance payments are made? (Deleted February 9, 2012)

      Answer: Yes. The CAPTA requirement applies to all prospective foster and adoptive parents licensed or approved under the State?s licensing authority, as well as other adults living in the home, regardless of the funding source for the child's placement.
      • Source/Date: 01/29/07
      • Legal and Related References: Child Abuse Prevention and Treatment Act (CAPTA), as amended (42 U.S.C. 5101 et seq.) ¿ section 106(b)(2)(A)(xxii)


  • 2.3 CAPTA, Definitions
    • 4. Question: Test Question Field Update (Deleted September 26, 2017)

      Answer: Test Answer Field Update
      • Source/Date: 9/25/2017
      • Legal and Related References: Test Legal Reference - Update


  • 3. INDEPENDENT LIVING
    • 1. Question: Does title IV-E preclude a State agency from passing on to the child title IV-E funds for his use for his maintenance in an independent living program? (Deleted February 25, 2011)

      Answer: Title IV-E precludes payments made directly to the child or turned over to him by another agency for the purpose of meeting independent living costs. The eligibility of a child for title IV-E is based in part on the fact that he is placed in a family foster home or child care institution as a result of a court determination or voluntary agreement (section 472 (a)(2) of the Social Security Act (the Act)). Federal financial participation is limited to foster care maintenance payments made on behalf of a child described in section 472 (a) of the Act who is in a foster family home or in a child care institution (section 472 (b)). Both "foster family home" and "child care institution" are defined in section 472 (c). Title IV-E does not include "independent living" in these definitions, and it is not considered foster care within the meaning of the Act. Title IV-B may be an alternative source of funding for these independent living programs. Since independent living is not considered foster care, the limitations found in section 423 (c)(1)(B) of title IV-B to foster care payments would not apply.
      • Source/Date: ACYF-CB-PIQ-83-05 (10/19/83)
      • Legal and Related References: Social Security Act - sections 423 and 472; 45 CFR 1355.20


  • 3.1 INDEPENDENT LIVING, Certifications and Requirements
    • 1. Question: Will States need to make any specific changes in their legislation and policy to comply with the Chafee Foster Care Independence Program (CFCIP)? (Deleted March 28, 2019)

      Answer: States should review their laws and make changes, as appropriate, to assure consistency with the expanded purposes of the CFCIP program. We anticipate that some State policy changes will be necessary. In particular, States should look for possible legal or regulatory conflicts around age limits for services (both the removal of a lower age limit and serving youth between ages 18 and 21), age issues concerning room and board provisions, and Medicaid eligibility requirements.
      • Source/Date: Questions and Answers on the Chafee Foster Care Independence Program
      • Legal and Related References: Social Security Act - section 477(b)(3)


  • 3.1B INDEPENDENT LIVING, Certifications and Requirements, Age
    • 1. Question: Is it correct that there is no minimum age requirement for youths to receive Chafee Foster Care Independence Program (CFCIP) services? (Deleted March 28, 2019)

      Answer: Yes. It is correct that there is no minimum age requirement for the CFCIP program. The CFCIP legislation gives States broad discretion to define the population of children who are "likely to remain in foster care until age 18."
      • Source/Date: Questions and Answers on the Chafee Foster Care Independence Program
      • Legal and Related References: Social Security Act - section 477(a)


      2. Question: Who must the State serve in the age 18-21 category in independent living services? (Deleted March 28, 2019)

      Answer: Section 477(b)(3)(A) of the Social Security Act requires States to provide services to youth between ages 18 and 21 who left foster care because they attained 18 years of age. Therefore, States must serve youth between ages 18 and 21 who left foster care because they turned 18 ("aged out" of foster care) and may serve other former foster care youth who did not "age-out" of foster care.
      • Source/Date: Questions and Answers on the Chafee Foster Care Independence Program
      • Legal and Related References: Social Security Act - section 477(b)(3)(A)


      3. Question: At what age do independent living services have to be provided to foster care youth? (Deleted March 28, 2019)

      Answer: Pursuant to section 475 of the Social Security Act, the State is required to develop and implement a case plan that, for children age 16 and older, identifies those programs and services that will be provided to assist the youth in transitioning from foster care to independence. The Chafee Foster Care Independence Program (CFCIP) is a funding resource for independent living programs and services, with no lower age limit requirements, and is available for youth who meet the State's eligibility requirements for CFCIP. However, the requirements at Section 475 of the Act must be met even for those youth who are not eligible for CFCIP.
      • Source/Date: 7/25/02
      • Legal and Related References: Social Security Act - section 475(1)(B) and (1)(D), section 477


  • 3.1E INDEPENDENT LIVING, Certifications and Requirements, Miscellaneous Requirements
    • 1. Question: Does the court have to approve the youth's case plan that describes the services needed for him/her to transition from adolescence to adulthood? (Deleted March 28, 2019)

      Answer: No. The Social Security Act at sections 475(1) and (5) addresses case plan and case review system requirements for titles IV-E and IV-B. There is no statutory requirement for judicial approval. The court's role is to exercise oversight of the permanency plan, review the State agency's reasonable efforts to prevent removal from the home, reunify the child with the family, conduct permanency hearings and finalize permanent placements. Although approval is not required, the court must address, as part of the permanency hearing, the services needed to assist youth ages 16 and over to make the transition from foster care to independent living.
      • Source/Date: 7/25/02
      • Legal and Related References: Social Security Act - section 475(1) and (5) Child Welfare Policy Manual 8.3C.1


  • 3.1F INDEPENDENT LIVING, Certifications and Requirements, Objective Eligibility Criteria
    • 6. Question: Are youth who do not age out of the foster care system because permanency was attained prior to age 18 eligible for CFCIP services? For example, a youth was in foster care but reunited with his/her family and is living at home or was adopted before attaining 18 years of age. Would such a youth be eligible for CFCIP services at age 18? (Deleted March 28, 2019)

      Answer: Section 477(b)(3)(A) requires States to provide federally-funded CFCIP services to youth between ages 18 and 21 who left foster care because they attained 18 years of age. The State may also provide assistance and services to other former foster care youth whom the State defines as eligible, consistent with the statutory purposes defined in section 477(a). The youth in the example could receive federally-funded CFCIP services if the State included former foster care youth who did not "age out" of foster care at age 18 in its eligibility criteria. However, room and board is available only to the extent consistent with the limitation in section 477(b)(3)(B).
      • Source/Date: 7/25/02
      • Legal and Related References: Social Security Act - section 477


  • 3.1I INDEPENDENT LIVING, Certifications and Requirements, Tribal
    • 1. Question: Must the Tribes participate in the title IV-E program in order to access Chafee Foster Care Independence Program (CFCIP) funds and services? Is their participation in the title IV-E program a prerequisite for soliciting their input? (Deleted March 28, 2019)

      Answer: The answer to both of these questions is "no." Section 477(b)(3)(G) of the Social Security Act requires each State to consult with each Indian Tribe within the State. States must certify that each Indian Tribe in the State has been consulted on the programs to be carried out under the State plan, that the State made efforts to coordinate programs with the Tribes and that benefits and services under the programs will be made available to Indian children in the State on the same basis as to other children in the State. Whether or not a Tribe has a title IV-E agreement with the State is immaterial.
      • Source/Date: Questions and Answers on the Chafee Foster Care Independence Program
      • Legal and Related References: Social Security Act - section 477(b)(3)(G)


  • 3.5A Youth Eligibility
    • 4. Question: If a youth has been receiving a Chafee voucher to attend college, but is not taking classes during the semester the youth turns age 21, will the youth continue to be eligible for a voucher through age 23? (Deleted October 4, 2019)

      Answer: If the State determines that the youth is still enrolled, based on the academic institution's definition of "enrollment," in a postsecondary education or training program and has been making satisfactory progress toward completing the program, despite not actually taking classes at the time the youth turns 21, the State may continue the youth's eligibility for a voucher until age 23 (section 477(i)(3) of the Social Security Act). The State should consult the individual institution's policy on enrollment and standards for satisfactory academic progress to make this determination.
      • Source/Date: 4/4/05
      • Legal and Related References: Social Security Act - Section 477(i)(3)


  • 6.6B Child welfare contributing agencies
    • 6. Question: If a child welfare contributing agency (CWCA) has an information system that duplicates a CCWIS automated function, may the title IV-E agency use a CCWIS cost allocation methodology approved by the Department to claim federal financial participation (FFP) for the CCWIS automated function duplicated by the CWCA system? (Deleted November 30, 2022)

      Answer: No. CCWIS cost allocation is only available for CCWIS automated functions that are not duplicated, pursuant to paragraphs 1355.57(a)(2)(ii) and (b)(2)(ii).
      • Source/Date: 09/19/2019
      • Legal and Related References: 45 CFR 1355.52(e)(1)(ii); 45 CFR 1355.57(a)(2)(ii) and (b)(2)(ii); 81 FR 35450 at 35461 - 35463 and 35474 - 35475 (issued June 2, 2016); 80 FR 48200 at 48211 - 48212 and 48221 (issued August 11, 2016)


      7. Question: If a child welfare contributing agency's (CWCA) information system that receives no federal, state, or tribal funds, duplicates a CCWIS automated function, may the title IV-E agency use a CCWIS cost allocation methodology approved by the Department to claim federal financial participation (FFP) for the CCWIS automated function? (Deleted November 30, 2022)

      Answer: No. CCWIS cost allocation is only available for automated functions that are not duplicated, pursuant to paragraphs 1355.57(a)(2)(ii) and (b)(2)(ii). It is irrelevant how the CWCA's information system is funded. This question and answer is repeated in the Cost Allocation section.
      • Source/Date: 09/19/2019
      • Legal and Related References: 45 CFR 1355.57(a)(2)(ii) and (b)(2)(ii); 81 FR 35450 at 35473 - 35475 (issued June 2, 2016); 80 FR 48200 at 48220 - 48221 (issued August 11, 2015)


  • 6.10A Initial submission
    • 10. Question: How does a title IV-E agency determine if a CCWIS automated function is "duplicated within the CCWIS or systems supporting child welfare contributing agencies" pursuant to paragraphs 1355.52(i)(1)(iii)(B), 1355.57(a)(2)(ii), and 1355.57(b)(2)(ii)? (Deleted February 3, 2022)

      Answer: A title IV-E agency determines that a CCWIS automated function is duplicated within the CCWIS if more than one automated function within the CCWIS supports the same child welfare business practice. For example, it is duplication if a CCWIS has an automated function to record contacts with children during home visits and another to record similar information from family members during home visits. A title IV-E agency determines that a CCWIS automated function is duplicated within systems supporting child welfare contributing agencies (CWCAs) if at least one automated function in any CWCA system supports the same child welfare business practice as the CCWIS automated function. For example, it is duplication if a CCWIS and a CWCA system each had an automated function for matching children to placements. This question and answer is repeated in the Cost Allocation for Transitioning Systems and Cost Allocation for New CCWIS sections.
      • Source/Date: 09/19/2019
      • Legal and Related References: 45 CFR 1355.52(a)(3); 45 CFR 1355.52(i)(1)(iii)(B); 45 CFR 1355.57(a)(2)(ii) and (b)(2)(ii); 81 FR 35450 at 35468 and 35474 - 35475 (issued June 2, 2016); 80 FR 48200 at 48203 - 48204, 48206, 48217 and 48221 (issued August 11, 2015)


  • 6.16 Cost allocation
    • 8. Question: If a child welfare contributing agency (CWCA) has an information system that duplicates a CCWIS automated function, may the title IV-E agency use a CCWIS cost allocation methodology approved by the Department to claim federal financial participation (FFP) for the CCWIS automated function duplicated by the CWCA system? (Deleted November 30, 2022)

      Answer: No. CCWIS cost allocation is only available for CCWIS automated functions that are not duplicated, pursuant to paragraphs 1355.57(a)(2)(ii) and (b)(2)(ii).
      • Source/Date: 09/19/2019
      • Legal and Related References: 45 CFR 1355.52(e)(1)(ii); 45 CFR 1355.57(a)(2)(ii) and (b)(2)(ii); 81 FR 35450 at 35461 - 35463 and 35474 - 35475 (issued June 2, 2016); 80 FR 48200 at 48211 - 48212 and 48221 (issued August 11, 2016)


      9. Question: If a child welfare contributing agency's (CWCA) information system that receives no federal, state, or tribal funds, duplicates a CCWIS automated function, may the title IV-E agency use a CCWIS cost allocation methodology approved by the Department to claim federal financial participation (FFP) for the CCWIS automated function? (Deleted November 30, 2022)

      Answer: No. CCWIS cost allocation is only available for automated functions that are not duplicated, pursuant to paragraphs 1355.57(a)(2)(ii) and (b)(2)(ii). It is irrelevant how the CWCA's information system is funded. This question and answer is repeated in the Child Welfare Contributing Agencies section.
      • Source/Date: 09/19/2019
      • Legal and Related References: 45 CFR 1355.57(a)(2)(ii) and (b)(2)(ii); 81 FR 35450 at 35473 - 35475 (issued June 2, 2016); 80 FR 48200 at 48220 - 48221 (issued August 11, 2015)


      14. Question: May a title IV-E agency receive federal financial participation (FFP) according to the approved CCWIS cost allocation plan for a system other than a CCWIS (such as a data warehouse that contains CCWIS data)? (Deleted March 23, 2021)

      Answer: No. Only automated functions of a CCWIS may qualify for CCWIS cost allocation, pursuant to paragraphs 1355.57(a) and (b). However, another system supporting the child welfare program (such as a data warehouse containing CCWIS data) may qualify for non-CCWIS cost allocation pursuant to paragraph 1355.57(f).
      • Source/Date: 4/3/2020
      • Legal and Related References: 45 CFR 1355.57(a), (b), (c), and (f); 81 FR 35450 at 35473 - 35475 (issued June 2, 2016); 80 FR 48200 at 48220 - 48222 (issued August 11, 2015)


  • 6.16A Cost allocation for transitioning systems
    • 7. Question: How does a title IV-E agency determine if a CCWIS automated function is "duplicated within the CCWIS or systems supporting child welfare contributing agencies" pursuant to paragraphs 1355.52(i)(1)(iii)(B), 1355.57(a)(2)(ii), and 1355.57(b)(2)(ii)? (Deleted February 3, 2022)

      Answer: A title IV-E agency determines that a CCWIS automated function is duplicated within the CCWIS if more than one automated function within the CCWIS supports the same child welfare business practice. For example, it is duplication if a CCWIS has an automated function to record contacts with children during home visits and another to record similar information from family members during home visits. A title IV-E agency determines that a CCWIS automated function is duplicated within systems supporting child welfare contributing agencies (CWCAs) if at least one automated function in any CWCA system supports the same child welfare business practice as the CCWIS automated function. For example, it is duplication if a CCWIS and a CWCA system each had an automated function for matching children to placements. This question and answer is repeated in the Initial Submission and Cost Allocation for New CCWIS sections.
      • Source/Date: 09/19/2019
      • Legal and Related References: 45 CFR 1355.52(a)(3); 45 CFR 1355.52(i)(1)(iii)(B); 45 CFR 1355.57(a)(2)(ii) and (b)(2)(ii); 81 FR 35450 at 35468 and 35474 - 35475 (issued June 2, 2016); 80 FR 48200 at 48203 - 48204, 48206, 48217 and 48221 (issued August 11, 2015)


  • 6.16B Cost allocation for new CCWIS
    • 3. Question: How does a title IV-E agency determine if a CCWIS automated function is "duplicated within the CCWIS or systems supporting child welfare contributing agencies" pursuant to paragraphs 1355.52(i)(1)(iii)(B), 1355.57(a)(2)(ii), and 1355.57(b)(2)(ii)? (Deleted February 3, 2022)

      Answer: A title IV-E agency determines that a CCWIS automated function is duplicated within the CCWIS if more than one automated function within the CCWIS supports the same child welfare business practice. For example, it is duplication if a CCWIS has an automated function to record contacts with children during home visits and another to record similar information from family members during home visits. A title IV-E agency determines that a CCWIS automated function is duplicated within systems supporting child welfare contributing agencies (CWCAs) if at least one automated function in any CWCA system supports the same child welfare business practice as the CCWIS automated function. For example, it is duplication if a CCWIS and a CWCA system each had an automated function for matching children to placements. This question and answer is repeated in the Initial Submission and Cost Allocation for Transitioning Systems sections.
      • Source/Date: 09/19/2019
      • Legal and Related References: 45 CFR 1355.52(a)(3); 45 CFR 1355.52(i)(1)(iii)(B); 45 CFR 1355.57(a)(2)(ii) and (b)(2)(ii); 81 FR 35450 at 35468 and 35474 - 35475 (issued June 2, 2016); 80 FR 48200 at 48203 - 48204, 48206, 48217 and 48221 (issued August 11, 2015)


  • 6.17 Failure to comply
    • 1. Question: What corrective measures will ACF require a title IV-E agency to implement to end a suspension and reinstate funding per paragraph 1355.58(c)? (Deleted September 22, 2017)

      Answer: ACF determines the appropriate corrective measures for a title IV-E agency on a case-by-case basis depending on the reasons for the suspension and other relevant factors. In some cases, ACF may require a title IV-E agency to implement a corrective action plan per paragraph 1355.58(c)(2).
      • Source/Date: 6/12/2017
      • Legal and Related References: 45 CFR 1355.58; 81 FR 35450 at 35475-35476 (issued June 2, 2016); 80 FR 48200 at 48222 (issued August 11, 2015)


  • 7.3 TITLE IV-B, Programmatic Requirements
    • 6. Question: Are youth 18 and older who are in foster care included in the monthly caseworker visits requirements in sections 424(e)(2)(A) and 436(b)(4) of the Social Security Act? (Deleted December 23, 2011)

      Answer: It depends on the State's age of majority. The title IV-B monthly caseworker visit requirements apply to "children" in "foster care" consistent with the definitions in 45 CFR 1357.10(c) and 45 CFR 1355.20, respectively. As such, the monthly caseworker visits apply to youth 18 and older only if they are in foster care under the placement and care responsibility of the State and have not reached the age of majority as provided under State law.
      • Source/Date: 04/27/07
      • Legal and Related References: Social Security Act ¿ sections 424(e)(2)(A), 45 CFR 1357.10(c), 45 CFR 1355.20


  • 8.1B TITLE IV-E, Administrative Functions/Costs, Allowable Costs - Foster Care Maintenance Payments Program
    • 18. Question: May a State claim title IV-E administrative funds for the legal services of a child in foster care or his/her parents, such as the parent or child's legal representation in court hearings? (Deleted January 7, 2019)

      Answer: No. The regulations at 45 CFR 1356.60(c) specify that Federal financial participation is available at the rate of 50% for administrative expenditures necessary for the proper and efficient administration of the title IV-E State plan. The administrative function specified at 45 CFR 1356.60(c)(2)(ii), preparation for and participation in judicial determinations, concerns the State agency?s representation but not the provision of legal services to a child or parent. Only the State agency?s participation in judicial determinations is an allowable cost.
      • Source/Date: 06/09/04
      • Legal and Related References: Section 474 of the Social Security Act, 45 CFR 1356.60(c)(2)(ii).


      24. Question: May the State claim a title IV-E foster care maintenance payment for an allowable provider that covers the entire month if a child is temporarily absent for a portion of the month? For example, the child has run away, goes on a weekend home visit, or is hospitalized for medical treatment during some part of the month. (Moved to 8.3B) (Deleted April 28, 2009)

      Answer: Yes. The State may provide a full month's title IV-E foster care maintenance payment to the licensed provider if the brief absence does not exceed 14 days and the child's placement continues with the same provider. Otherwise, the State must prorate its claims if the child is absent from the placement for more than a reasonable brief period.
      • Source/Date: 1/29/2007
      • Legal and Related References: Social Security Act ¿ section 472


  • 8.1F TITLE IV-E, Administrative Functions/Costs, Match Requirements
    • 1. Question: Can third-party in-kind services and donated funds be used as the State's share for matching purposes under title IV-E? (Deleted August 26, 2002)

      Answer: No. Longstanding Federal policy has been to consistently exclude third party in-kind contributions from qualifying as the State share under Federal matching requirements for the title IV-E Foster Care and Adoption Assistance Program. Similarly, we exclude donated funds for matching purposes to the extent that these funds are donated on a restricted basis as to the type of activity for which the funds may be used or if they revert to the organization providing the service.
      • Source/Date: ACYF-CB-PIQ-84-06 (10/22/84)
      • Legal and Related References: Social Security Act - section 474; 45 CFR Part 1356.60


  • 8.2B TITLE IV-E, Adoption Assistance Program, Eligibility
    • 3. Question: Are children whose legal guardianships disrupt eligible for title IV-E adoption assistance? (Deleted October 25, 2017)

      Answer: If a child who had been receiving title IV-E foster care maintenance payments prior to a legal guardianship returns to foster care or is placed in an adoptive home after disruption of the legal guardianship, the factors below must be considered in determining the child's eligibility for title IV-E adoption assistance: 1) Title IV-E Demonstration Waiver States - In States that have an approved title IV-E demonstration waiver from the Department to operate a subsidized legal guardianship program, the title IV-E terms and conditions allow reinstatement of the child's title IV-E eligibility status that was in place prior to the establishment of the guardianship in situations where the guardianship disrupts. Therefore, if a guardianship disrupts and the child returns to foster care or is placed for adoption, the State would apply the eligibility criteria in section 473 of the Social Security Act (the Act) for the child as if the legal guardianship had never occurred. 2) Non-Demonstration Waiver States - In States that do not have an approved title IV-E demonstration waiver from the Department, the eligibility requirements in section 473 of the Act must be applied to the child's current situation. Therefore, in a situation where the child has returned to foster care from the home of a non-related legal guardian, the child would not be eligible for title IV-E adoption assistance since the child was not removed from the home of a specified relative. If, however, the child has been removed from the home of a related legal guardian, an otherwise eligible child could be eligible for title IV-E adoption assistance. In either situation, however, if a child meets the eligibility criteria for Supplemental Security Income and meets the definition of special needs prior to the finalization of the adoption, the child would be eligible for title IV-E adoption assistance. If a child meets these criteria, no further eligibility criteria must be met.
      • Source/Date: ACYF-CB-PA-01-01 (1/23/01); 7/17/2006
      • Legal and Related References: Social Security Act - sections 473; The Deficit Reduction Act of 2005


  • 8.2D.5 TITLE IV-E, Adoption Assistance Program, Payments, Termination
    • 3. Question: Can a State agency automatically suspend the adoption assistance payment for the duration of an adopted child's placement in foster care? The State agency would reinstate the payment upon the child's return home. (Deleted February 21, 2018)

      Answer: No. An automatic suspension is, in effect, the equivalent to a termination of the adoption assistance payment and as such is unallowable under section 473(a)(4)(B) if the parent remains legally responsible or is providing any support for the child. However, consistent with section 473(a)(4)(B) of the Act, there may be circumstances in which adoptive parent(s) may be eligible for payments in a different amount. In these instances, a State may re-negotiate the agreement and reduce the payment for the duration of an adopted child's placement in foster care with the concurrence of the adoptive parent.t.
      • Source/Date: ACYF-CB-PIQ-98-02 (9/03/98)
      • Legal and Related References: Social Security Act - section 473(a)(4)(B)


  • 8.3A.6 TITLE IV-E, Foster Care Maintenance Payments Program, Eligibility, Contrary to the welfare
    • 2. Question: For purposes of meeting the section 472 (a)(2)(A)(ii) eligibility requirement, must a temporary detention order include "contrary to the welfare" language or is it possible to consider a later delinquency adjudication order or dependency adjudication order as the removal order? (Deleted April 27, 2020)

      Answer: The statute requires that the "removal" from the home must occur as the result of a judicial determination to the effect that continuation therein would be contrary to the child's welfare. Therefore, such a determination must be made in the order that results in the removal of the child from the home. Since the child has already been removed from his home and is in detention as the result of a temporary detention order, the later hearing order only sanctions that removal. A child would remain ineligible during the entire foster care placement if the "contrary to the welfare" determination is not made at the time of the temporary detention order.
      • Source/Date: ACYF-CB-PIQ-91-03 (4/3/91)
      • Legal and Related References: Social Security Act - section 472 (a)(2)(A)


  • 8.3A.10 TITLE IV-E, Foster Care Maintenance Payments Program, Eligibility, Redeterminations
    • 1. Question: We believe failure to hold a timely redetermination of title IV-E eligibility is a program issue, not an eligibility issue. Is this correct? (Deleted April 27, 2010)

      Answer: You are correct in your assessment that failure to hold a timely redetermination of title IV-E eligibility is a State plan issue (a program issue, as stated in your question) rather than an issue related to the eligibility of the child for title IV-E foster care maintenance payments. Under the Aid to Families with Dependent Children (AFDC) Program, an eligibility redetermination is a State plan requirement (45 CFR 206.10 (a)(9)(iii)) and not a factor affecting the child's eligibility. While there is no statutory requirement under title IV-E concerning the frequency of eligibility redeterminations, such a procedure should be carried out periodically in order to assure that Federal financial participation is claimed properly. (Section 471 (a)(1) allows for Federal financial participation for foster care maintenance payments only in accordance with the requirements in section 472. Therefore, the State must assure that the child meets those eligibility requirements.) ACYF has advised State agencies that an appropriate period for redetermination would be every 12 months, at which time factors subject to change, such as continued deprivation of parental support and care and the child's financial need would be reviewed and documented. However, if the State agency misses the twelve month eligibility redetermination schedule in certain cases, those cases would not be considered ineligible for Federal financial participation for that reason alone. When the eligibility review is held, however, if the child is found to have been ineligible for any prior month, no claim for Federal financial participation may be made for that month.
      • Source/Date: ACYF-CB-PIQ-85-06 (6/5/85)
      • Legal and Related References: Social Security Act - sections 471 and 472; 45 CFR 206.10 (a)(9)(iii)


      3. Question: During the time the child is receiving title IV-E foster care payments, the parental rights of his parents are terminated. The child is subsequently moved into a residential care facility which is not eligible to receive foster care payments and the title IV-E case is discontinued. Later, he is again placed into a foster home and reapplication for title IV-E foster care is made. In considering eligibility for this reapplication, the deprivation at the time of court action, found initially and verified under the old foster care case, can be utilized. However, to meet the requirement of "continues to be eligible", must deprivation with regard to the biological parents again be established or may the termination of parental rights be used to constitute deprivation? (Deleted April 27, 2010)

      Answer: If the child has not returned to his own home and has been continuously in a foster care status since removal from the home (whether or not the facility is eligible to receive payments under title IV-E), a redetermination of eligibility would be appropriate at the time he returned to a facility eligible for Federal financial participation (FFP). A redetermination of the deprivation factor at that tiime would consist of a confirmation that the conditions at the time of removal from the home continued to exist or that termination of parental rights (TPR) had occurred. In the latter case, the TPR would, from that point and throughout this episode of foster care, become the reason for continuing eligibility in terms of the deprivation factor. If, however, the child is not continuously in foster care status and returns to the home of a relative that is considered to be his own home, then a subsequent re-entry into the foster care system requires a new (initial) determination of all eligibility factors. In such a situation, where the child was living in the home of another relative after termination of parental rights and was later removed from the home of that relative, deprivation would then be based upon the absence of the parent(s) from the home of the relative, rather than TPR. (See section 406(a) as in effect on July 16, 1996).
      • Source/Date: ACYF-CB-PIQ-86-03 (5/9/86)
      • Legal and Related References: Social Security Act - sections 406 (a) and 407 (as in effect on July 16, 1996)


  • 8.3B TITLE IV-E, Foster Care Maintenance Payments Program, Payments
    • 2. Question: Does title IV-E preclude a State agency from passing on to the child title IV-E funds for his use for his maintenance in an independent living program? (Deleted February 25, 2011)

      Answer: Title IV-E precludes payments made directly to the child or turned over to him by another agency for the purpose of meeting independent living costs. The eligibility of a child for title IV-E is based in part on the fact that he is placed in a family foster home or child care institution as a result of a court determination or voluntary agreement (section 472 (a)(2)(A) and (C) of the Social Security Act (the Act)). Federal financial participation is limited to foster care maintenance payments made on behalf of a child described in section 472 (a) of the Act who is in a foster family home or in a child care institution (section 472 (b)). Both "foster family home" and "child care institution" are defined in section 472 (c). Title IV-E does not include "independent living" in these definitions, and it is not considered foster care within the meaning of the Act. Title IV-B may be an alternative source of funding for these independent living programs. Since independent living is not considered foster care, the limitations found in section 424(c) of title IV-B to foster care payments would not apply.
      • Source/Date: ACYF-CB-PIQ-83-05 (10/19/83)
      • Legal and Related References: Social Security Act - sections 424 and 472; 45 CFR 1355.20


  • 8.4A TITLE IV-E, General Title IV-E Requirements, AFDC Eligibility
    • 2. Question: Under the following circumstances, is the child eligible for title IV-E foster care? Aid to Families with Dependent Children (AFDC) eligibility for a child is based on incapacity of the parent. In the month following removal, the parent is no longer consider incapacitated. By the time of the twelve month eligibility redetermination, the family is no longer eligible for AFDC. What is the title IV-E status of the child? (Deleted April 27, 2010)

      Answer: The child is not eligible for title IV-E foster care unless the AFDC deprivation requirement is met. Incapacity of a parent is one of the reasons a child may be determined to be deprived of parental support or care under AFDC (reference section 406 (a) and 407 of the Act (as such sections were in effect on July 16, 1996) and 45 CFR 233.90 (c)(1)(i)). Eligibility ends when the parent is no longer incapacitated, unless a different reason for deprivation has emerged, such as death or absence from the home.
      • Source/Date: ACYF-CB-PIQ-85-07 (6/25/85)
      • Legal and Related References: Social Security Act - sections 406 (a) and 407 (as in effect on July 16, 1996); 45 CFR 233.90


      3. Question: When continued deprivation cannot be substantiated after initial eligibility has been established because the whereabouts of the parent from whom the child was removed cannot be determined, is the child no longer eligible under title IV-E? (Deleted April 27, 2010)

      Answer: The inability to determine the whereabouts of the parent from whose home the child was removed does not preclude continuing eligibility for title IV-E foster care maintenance payments. At the time of the twelve month redetermination of eligibility, both need and deprivation must be documented. Deprivation of parental support or care may be based on the death, continued absence from the home, physical or mental incapacity of a parent, or at State option, unemployment of the principal wage earner. If the whereabouts of the parent from whose home the child was removed cannot be determined by the State agency at the time of redetermination and documentation in the case record verifies the efforts made to locate the parent(s), then deprivation may be established based on continued absence from the home. However, the continued absence of the parents from the home must be accompanied by factors such as set forth in 45 CFR 233.90 (c)(1)(iii): "...When the nature of the absence is such as either to interrupt or to terminate the parent's functioning as provider of maintenance, physical care, or guidance for the child, and the known or indefinite duration of the absence precludes counting on the parent's performance of the function of planning for the present support or care of the child." While the specific circumstances of either of the parents may not be known to the agency, documentation of their continued absence is required in order to redetermine the child's eligibility for title IV-E foster care. The method for substantiation of the parents' absence is left to State policy and procedure. If the child had been removed from the home of a relative rather than from the parent(s)' home, the relative's home is reviewed at the time of redetermination to establish continuing deprivation of parental support and care. If either or both parents are not in that household at redetermination, then the child is so deprived, based on continued absence of the parent(s) from that home. On the other hand, the continued absence of parents from the home cannot be used as basis for determining that a child is initially deprived of parental support or care, in cases where there is an inability to document that the child had been living in the home of any parent or relative, e.g., in the case of an abandoned child.
      • Source/Date: ACYF-CB-PIQ-85-07 (6/25/85)
      • Legal and Related References: Social Security Act - sections 406 (a) and 472 (a); 45 CFR 233.90


      4. Question: During the time the child is receiving title IV-E foster care payments, the parental rights of his parents are terminated. The child is subsequently moved into a residential care facility which is not eligible to receive foster care payments and the title IV-E case is discontinued. Later, he is again placed into a foster home and reapplication for title IV-E foster care is made. In considering eligibility for this reapplication, the deprivation at the time of court action, found initially and verified under the old foster care case, can be utilized. However, to meet the requirement of "continues to be eligible," must deprivation with regard to the natural parents again be established or may the termination of parental rights be used to constitute deprivation? (Deleted April 27, 2010)

      Answer: If the child has not returned to his own home and has been continuously in a foster care status since removal from the home (whether or not the facility is eligible to receive payments under title IV-E), a redetermination of eligibility would be appropriate at the time he returned to a facility eligible for Federal financial participation (FFP). A redetermination of the deprivation factor at that time would consist of a confirmation that the conditions at the time of removal from the home continued to exist or that termination of parental rights (TPR) had occurred. In the latter case, the TPR would, from that point and throughout this course of foster care, become the reason for continuing eligibility in terms of the deprivation factor. If, however, the child is not continuously in foster care status and returns to the home of a relative that is considered to be his own home, then a subsequent re-entry into the foster care system requires a new (initial) determination of all eligibility factors. In such a situation, where the child was living in the home of another relative after termination of parental rights and was later removed from the home of that relative, deprivation would then be based upon the absence of the parent(s) from the home of the relative, rather than TPR. (See section 406(a) (as in effect on July 16, 1996)).
      • Source/Date: ACYF-CB-PIQ-86-03 (5/9/86)
      • Legal and Related References: Social Security Act - sections 406 (a) and 407 (as in effect on July 16, 1996); 45 CFR 233.90


      9. Question: If, under a waiver pursuant to section 1115 (a) of the Social Security Act (an 1115 (a) waiver), the State denied benefits to a child who would otherwise meet the requirements of the Aid to Families with Dependent Children (AFDC) program, would that child then be ineligible for title IV-E foster care maintenance or adoption assistance payments, should that child come into State care? (Deleted February 18, 2020)

      Answer: No. A State's 1115 (a) waiver of AFDC requirements does not affect eligibility for title IV-E foster care maintenance or adoption assistance payments. Regardless of whether the rules and provisions of a State's section 1115 (a) waiver broaden or restrict AFDC eligibility, those waiver rules shall not be applied in making title IV-E eligibility determinations.
      • Source/Date: ACYF-CB-PIQ-96-02 (12/12/96)
      • Legal and Related References: Social Security Act - section 1115


  • 8.4C TITLE IV-E, General Title IV-E Requirements, Child support
    • 2. Question: A child for whom title IV-E adoption assistance payments are made re-enters foster care and becomes eligible for title IV-E foster care maintenance payments. Must the title IV-E agency refer the child to the title IV-D agency to establish and collect child support? (Deleted June 8, 2022)

      Answer: Title IV-E agencies are required to refer children receiving title IV-E foster care to title IV-D for child support enforcement, but are afforded some degree of flexibility by title IV-E in determining which cases are appropriate for referral. The title IV-E plan must provide that, "where appropriate all steps will be taken, including cooperative efforts with the State agencies administering the plans approved under parts A and D, to secure an assignment to the State of any rights to support on behalf of each child receiving foster care maintenance payments under this part" (Section 471(a)(17) of the Social Security Act). To determine if a case is "appropriate" to refer to the title IV-D agency, the title IV-E agency should evaluate it on an individual basis, considering the best interests of the child and the circumstances of the family. For example, is the parent working towards reunification with the child, consistent with the case plan? Would the referral impede the parent's ability to reunify with the child? Has the parent agreed to pay for the costs of out-of-home care or to temporarily accept a reduction in the adoption assistance payment? Questions of this nature should guide the agency's decision making regarding whether or not the referral should be made to the title IV-D agency.
      • Source/Date: ACYF-CB-PIQ-98-02 (9/03/98) (revised 6/6/13)
      • Legal and Related References: Social Security Act - section 471(a)(17)


      3. Question: If the State title IV-E agency refers to the title IV-D agency a child in foster care on whose behalf a title IV-E adoption assistance subsidy is being paid, can the court or the administrative body limit the child support award to the amount of the adoption assistance subsidy? (Deleted April 13, 2020)

      Answer: Each State is required by Federal statute and regulation to establish guidelines for child support awards within the State that "take into consideration all earnings and income of the absent parent" (45 CFR 302.56(c)). The court or administrative body setting the award must presume that the amount resulting from the application of these guidelines is the correct amount of child support to be paid (section 467(b)(2) of the Social Security Act; 45 CFR 302.56(f)). It is unlikely that the presumptive child support obligation determined according to the State child support guidelines would be equal to the adoption subsidy amount. Federal law, however, allows the court to deviate from the presumptive amount determined pursuant to the State child support guidelines. In order to deviate from the presumptive amount required by the guidelines, the court must make written findings on the record, documenting why the guidelines amount is unjust or inappropriate in a given case. These findings must be based on criteria that are established by the State that support a deviation from the guidelines (section 467(b)(2); 45 CFR 302.56 (g)). ACF recommends that the title IV-E agency collaborate with the title IV-D agency to review and recommend criteria for deviations that would support the best interests of the child.
      • Source/Date: ACYF-CB-PIQ-98-02 (9/03/98)
      • Legal and Related References: Social Security Act - section 467(b)(2); 45 CFR 302.56


      4. Question: Must adoption assistance payments be included in the definition of "all earnings and income" as described in the child support regulations at 45 CFR 302.56(c) for the purpose of determining the child support award? (Deleted April 13, 2020)

      Answer: Adoption assistance payments may or may not be included in a State's definition of "all earnings and income" for the purpose of determining a child support award. Federal regulations implementing the Federal child support laws require that State guidelines take into consideration "all earnings and income of the absent parent" but afford States the discretion to define the term.
      • Source/Date: ACYF-CB-PIQ-98-02 (9/03/98)
      • Legal and Related References: 45 CFR 302.56 (c)


  • 8.4F TITLE IV-E, General Title IV-E Requirements, Criminal Record and Registry Checks
    • 2. Question: Does the criminal background check provision require checks at the State level, Federal level, or both? (Deleted January 31, 2007)

      Answer: The statute is silent with respect to this issue. Therefore, the State may exercise its discretion in choosing whether to conduct criminal records checks at the State or Federal level.
      • Source/Date: Preamble to the Notice of Proposed Rulemaking (63 FR 50058) (9/18/98)
      • Legal and Related References: Social Security Act - section 471(a)(20); 45 CFR 1356.30


      3. Question: Does the criminal records checks provision apply to foster parents and adoptive parents whose licensure or approval predates the passage of the Adoption and Safe Families Act? (Deleted September 20, 2007)

      Answer: The provision applies to "prospective" foster and adoptive parents. Therefore, the provision applies to foster and adoptive parents who are licensed or approved after the date of enactment of the law (November 19, 1997), or the approved delayed effective date if the State required legislation to implement the provision.
      • Source/Date: Preamble to the Final Rule (65 FR 4020) (1/25/00)
      • Legal and Related References: Social Security Act - section 471 (a)(20); 45 CFR 1356.30


      27. Question: Is a State able to comply with section 471(a)(20)(A) of the Social Security Act (the Act) if the State is unable to take legible fingerprint impressions of the prospective parent to whom the requirements apply? (Deleted July 2, 2007)

      Answer: No. The State cannot comply with the statute if it is unable to obtain legible fingerprint impressions. Section 471(a)(20)(A) of the Act requires States to have procedures for conducting fingerprint-based checks of national crime information databases (NCID) for certain prospective foster and adoptive parents. A fingerprint of the prospective foster/adoptive parent may be taken through whatever means the State chooses, such as the conventional ink method or a "live scan" fingerprint, which is a computer digitized method.
      • Source/Date: 04/24/07
      • Legal and Related References: Social Security Act ¿ section 471(a)(20)(A)


  • 8.5B Guardianship Assistance Program, Eligibility
    • 1. Question: May a title IV-E agency that operates the Guardianship Assistance Program (GAP) require a child to have resided in foster care with the prospective relative guardian for a minimum period longer than six consecutive months for the child to be eligible for the GAP program? (Deleted March 24, 2010)

      Answer: No. Section 473(d)(3)(A)(i)(II) of the Social Security Act (the Act) provides that an otherwise eligible child must have been eligible for title IV-E foster care maintenance payments while residing in the foster home of the prospective guardian ?for at least 6 consecutive months.? This means that after being in foster care and eligible for title IV-E foster care maintenance payments for six consecutive months while residing with the licensed or approved prospective guardian, an otherwise eligible child is eligible for the GAP. A title IV-E agency may not impose a longer time frame or other eligibility requirements beyond those contained in the statute.
      • Source/Date: 05/29/09
      • Legal and Related References: Social Security Act ¿ section 473(d)(3)(A)(i)(II)


      3. Question: If the relative guardian receiving title IV-E Guardianship Assistance Program (GAP) payments on behalf of a child dies or is no longer able to care for the child, is the child automatically eligible for the GAP program if placed with a subsequent guardian? (Deleted October 9, 2014)

      Answer: No. The child is not automatically eligible for the GAP program if he/she is placed with a subsequent guardian because the subsequent relative guardian must meet the requirements in sections 471(a)(28) and 473(d) of the Social Security Act (Act) and the child must meet the requirements of either section 473(d)(3)(A) or (B).
      • Source/Date: 05/29/09
      • Legal and Related References: Social Security Act ¿ sections 471(a)(28) and 473(d))


      4. Question: If the relative guardian receiving title IV-E Guardianship Assistance Program (GAP) payments on behalf of a child dies or is no longer able to care for the child, may the GAP payments be transferred to a third party? (Deleted October 9, 2014)

      Answer: No. Section 473(d) of the Social Security Act (the Act) does not make any provision for title IV-E guardianship assistance agreements or payments to transfer to a third party.
      • Source/Date: 05/29/09
      • Legal and Related References: Social Security Act ¿ section 473(d)(3)


 

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