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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 05, 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

1.2 AFCARS, Data Elements and Definitions

1. Question:

What procedures should a child welfare worker follow in order to most effectively obtain accurate information on the racial and ethnic status of children and adults? (Deleted November 13, 2024)

Answer:

AFCARS requires the reporting of race and Hispanic/Latino Origin on children in foster care, children who have been adopted, foster care providers, and adoptive parents. As noted in Appendices A and B of the Federal regulations at 45 CFR 1355, in the sections related to the instructions for foster care and adoption data elements, race and Hispanic/Latino origin information is based on how a client/adult perceives him/herself, or in the case of young children, how the parent identifies the child. This means the information on race and Hispanic/Latino Origin is to be self-reported by the individual. Additionally, racial and ethnic information should be collected and stored as separate pieces of information about the client.

Workers must ask clients this information and not make assumptions on which and how many races a person may be and whether the client is Hispanic or Latino or not. When a worker, rather than the client, makes this determination, he or she may be under-representing all possible races.

For AFCARS extraction and submission purposes, information not collected or not available for a particular client record (for whatever reason) is mapped as all blanks (not all zeros, all 9?s, etc.). Missing information should never be mapped to a valid AFCARS value.

Source/Date

7/19/2004

Legal and Related References

Section 479 of title IV-E of the Social Security Act; 45 CFR 1355, Appendix A, Section II Definitions and Instructions for Foster Care Data Elements, II. Child's Demographic Information, c. Race/Ethnicity and Appendix B, Section II Definitions and Instructions for Adoption Data Elements, II. Child's Demographic Information, c. Race/Ethnicity

1.2A AFCARS, Data Elements and Definitions, Adoption Specific Elements

2. Question:

What procedures should a child welfare worker follow in order to most effectively obtain accurate information on the racial and ethnic status of children and adults? (Deleted November 13, 2024)

Answer:

Source/Date

7/19/2004

Legal and Related References

1.2A.1 AFCARS, Data Elements and Definitions, Adoption Specific Elements, Adoptive parents

1. Question:

What procedures should a child welfare worker follow in order to most effectively obtain accurate information on the racial and ethnic status of children and adults? (Deleted November 13, 2024)

Answer:

Source/Date

7/19/2004

Legal and Related References

1.2A.2 AFCARS, Data Elements and Definitions, Adoption Specific Elements, Birth parents

1. Question:

When an adoption is dissolved and the child is then re-adopted, should the State submit the information on the first adoptive (legal) parents or the birth parents? (Deleted November 13, 2024)

Answer:

The AFCARS report should always include information on the legal parents. Therefore, in this case, the State should submit information on the previous adoptive parents.

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

2. Question:

What if a State has information on both the legal as well as one or more putative fathers? For whom should information be provided? (Deleted November 13, 2024)

Answer:

Information should be provided on the legal father; however, if a child has one or more putative fathers and a legal father is not established, the year of birth used should be that of the putative father whose parental rights were terminated last. (See: 45 CFR 1355, Appendix B, Section I, Roman Numeral IV, Question A2. Also see: Appendix D, Detailed Adoption, Element Number 17.)

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

1.2A.3 AFCARS, Data Elements and Definitions, Adoption Specific Elements, Child's demographics

1. Question:

AFCARS reporting requires all data submissions to be in numeric format, however, the data element definitions, both for foster care and adoption, indicate the use of the U.S. Postal Service's two letter State abbreviation. What should be used? (Deleted November 13, 2024)

Answer:

A numeric code is to be used for the State identification. It is the first two digits of the State's Federal Information Processing Standard (FIPS). (See: 45 CFR 1355, Appendix B, Section I, Roman Numeral I, Question A. Also see: Appendix D, Detailed Adoption, Element Number 01.)

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. Question:

What procedures should a child welfare worker follow in order to most effectively obtain accurate information on the racial and ethnic status of children and adults? (Deleted November 13, 2024)

Answer:

Source/Date

7/19/2004

Legal and Related References

1.2B AFCARS, Data Elements and Definitions, Foster Care Specific Elements

1. Question:

What procedures should a child welfare worker follow in order to most effectively obtain accurate information on the racial and ethnic status of children and adults? (Deleted November 13, 2024)

Answer:

Source/Date

7/19/2004

Legal and Related References

1.2B.1 AFCARS, Data Elements and Definitions, Foster Care Specific Elements, Case plan goal

1. Question:

Some States require that parental rights must be terminated before a child's case plan can reflect a goal of adoption. What should be indicated as a goal, if this is a State's policy? (Deleted November 13, 2024)

Answer:

The child's goal should be reflective of the "actual" goal; adoption. (See: 45 CFR 1355, Appendix A, Section I, Roman Numeral VI. Also see: Appendix D, Detailed Foster Care, Element Number 43.)

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. Question:

If a child's case plan goal is Independent Living how is it indicated on the AFCARS questionnaire? (Deleted November 13, 2024)

Answer:

Any child with a case plan goal of independent living should be indicated as having a goal of emancipation. (See: 45 CFR 1355, Appendix A, Section I, Roman Numeral VI. Also see: Appendix D, Detailed Foster Care, Element Number 43.)

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.2 AFCARS, Data Elements and Definitions, Foster Care Specific Elements, Child's demographics

1. Question:

What if a parent refuses to disclose whether or not a child has been previously adopted? (Deleted November 13, 2024)

Answer:

If a parent refuses to answer this question, "Unable to Determine" would represent the correct response. (See: 45 CFR 1355, Appendix A, Section I, Roman Numeral II. Also see: Appendix D, Detailed Foster Care, Element Number 16.)

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. Question:

AFCARS requires race/ethnicity information on all children. But if a child is identified as Hispanic, what information is entered for the race question? (Deleted November 13, 2024)

Answer:

If a child is identified as Hispanic or "Latino" in element number 09, then his/her ethnicity should also be further clarified, using element number 08, according to how the child or the child's parents define him/her. (See: 45 CFR 1355, Appendix A, Section I, Roman Numeral II, Questions C.1 and C.2. Also see: Appendix D, Detailed Foster Care, Element Numbers 8 and 9.)

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

3. Question:

Should the FIPS code be that of the child's place of residence or that of the agency responsible for the case? (Deleted November 13, 2024)

Answer:

The FIPS code should be the agency's not the child's place of residence. (See: 45 CFR 1355, Appendix D, Detailed Foster Care, Element Number 3)

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

4. Question:

Answer:

A numeric code is to be used for the State identification. It is the first two digits of the State's Federal Information Processing Standard (FIPS). (See: 45 CFR 1355, Appendix A, Section I, Roman Numeral I, Question D. Also see: Appendix D, Detailed Foster Care, Element Number 4.)

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

5. Question:

In the AFCARS regulation at section 1355.40 (b)(2) there is a reference to the most recent date of a periodic review (either administrative or court) being entered for children who have been in foster care for nine months or more and other references indicate seven months. Is this a typographical error? (Deleted November 13, 2024)

Answer:

No. It is not a typographical error. Section 422 of the Social Security Act requires periodic reviews at least every six months; in practice, a 30 day grace period has been allowed, resulting in a seven month period in which to complete a review without penalty. For AFCARS reporting this fact, coupled with the intention to allow 60 days to enter the date associated with the review, results in a nine month time frame for entry of information about the periodic review. Therefore, any child in foster care at least nine months must have a periodic review date entered into the AFCARS report.

In summary, the review must take place within seven months of the child's entry into the foster care system (or of the last periodic review). The review date must be entered into the system within 60 days of the review date. This results in the nine month time frame referenced in the regulation.

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

6. Question:

What procedures should a child welfare worker follow in order to most effectively obtain accurate information on the racial and ethnic status of children and adults? (Deleted November 13, 2024)

Answer:

Source/Date

7/19/2004

Legal and Related References

1.2B.3 AFCARS, Data Elements and Definitions, Foster Care Specific Elements, Episode and removal circumstances

1. Question:

Following a trial home visit which extends beyond six months and where the child is considered "discharged," what happens if the child returns to a group home? Is this a new placement, a new episode, or an entirely new removal? (Deleted November 13, 2024)

Answer:

The return to a group home or any other substitute care setting will represent a removal and the removal is the start of a new episode.

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

2. Question:

If a child is removed from a home in which a sibling was alleged to have been abused, but the child being removed from the home was not abused, should physical abuse (alleged/reported) be marked as a condition associated with the child's removal? (Deleted November 13, 2024)

Answer:

A record should only indicate conditions associated with the removal of the child who is the subject of the record. In the context of AFCARS, and using the above example of alleged abuse of the child's sibling, if physical abuse is alleged/reported for the child who is the subject of the record then that condition is considered to be associated with the decision to remove that child from home and Element #26 should be coded as 1 (yes). If physical abuse has not been alleged/reported for the child who is the subject of the record, physical abuse does NOT apply and element #26 should be answered as 0 (does not apply). (See: 45 CFR 1355, Appendix D, Detailed Foster Care, Element numbers 26 - 40.)

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

3. Question:

What if the only reason for a child's removal from home is mental abuse? How do you code this for AFCARS? (Deleted November 13, 2024)

Answer:

You should mark "Neglect (Alleged/Reported)" (Foster Care, element number #28) with a "1". (See: 45 CFR 1355, Appendix D, Detailed Foster Care, Element Numbers 26 - 40.)

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

4. Question:

Please clarify the meaning of the terms removal, placement, episode, and discharge. (Deleted November 13, 2024)

Answer:

A Removal is either the physical act of a child being taken from his or her normal place of residence, by court order or a voluntary placement agreement and placed in a substitute care setting, or the removal of custody from the parent or relative guardian pursuant to a court order or voluntary placement agreement which permits the child to remain in a substitute care setting.

Placement occurs after removal and is the physical setting in which a child finds himself or herself, that is, the resultant foster care setting. A new Placement setting results when the foster care setting changes, for example, when a child moves from one foster family home to another or to a group home or institution.

An Episode is a removal with one or more placement settings. A previous episode is one that has been completed by a discharge. A current episode is a removal and one or more placement settings without a discharge.

A Discharge represents that point in time when the child is no longer in foster care under the care and responsibility or supervision of the State agency. For AFCARS purposes, situations in which the State retains supervision of a child and the child returns home on a trial basis, for an unspecified period of time, are considered a discharge from foster care after a six month period. (See: 45 CFR 1355, Appendix A, Section I, Roman Numeral III, Questions A and B. Also see: Appendix D, Detailed Foster Care, Element Numbers 18, 20, and 23.))

Source/Date

ACYF-CB-PIQ-94-01 (7/8/94); Final Rule (65 FR 4020) (1/25/00)

Legal and Related References

Social Security Act - section 479; 45 CFR Parts 1355, 1356 and 1357

5. Question:

Does the definition of Neglect include cases of failure to provide supervision (non-supervision)? (Deleted November 13, 2024)

Answer:

Yes. Neglect is alleged or substantiated negligent treatment or maltreatment, including failure to provide adequate food, clothing, shelter or care and includes failure to provide supervision (non-supervision). (See: 45 CFR 1355, Appendix A, Section I, Roman Numeral IV, Question B. Also see: Appendix D, Detailed Foster Care, Element Number 28.)

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

6. Question:

For both of the computer-generated transaction dates: should the date be generated on the date that the data was first entered or the date that the data was last updated? (Deleted November 13, 2024)

Answer:

This date should represent the date that the data was FIRST entered. The reason for this element is to insure that the record is entered into the system in a timely fashion. (See: 45 CFR 1355, Appendix D, Detailed Foster Care, Element Number 22 and 57.)

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

7. Question:

For a child who is in and out of the foster care system over a period of several years, what does the State report for foster care element 18 "Date of first removal from home" if it does not have the date of the first removal? (Deleted November 13, 2024)

Answer:

This information is required by the regulations at appendix A to 45 CFR 1355 and should exist in the case record or a court record. As is the case for all missing data, if the date of the child's first removal from home is not available, the date should be left blank.(See: 45 CFR1355, Appendix D, Detailed Foster Care, Element Number 18.)

Source/Date

ACYF-CB-PIQ-95-01 (3/8/95), updated (5-28-02)

Legal and Related References

45 CFR 1355.40; Appendix A to 45 CFR 1355

8. Question:

A State title IV-E agency has an agreement in effect pursuant to section 472(a)(2)(B)(ii) of the Social Security Act with the State juvenile justice agency. As such, the State reports to AFCARS children who are in the placement and care responsibility of the State juvenile justice agency and receiving title IV-E foster care maintenance payments in a foster family home or child care institution. When such a child is no longer receiving title IV-E foster care maintenance payments because the child is placed in an unallowable facility (e.g., in detention), should the State stop reporting the child to AFCARS? (Deleted November 13, 2024)

Answer:

It depends. Children in foster care who are placed in a juvenile justice facility and who are expected to be returned to a foster care setting should continue to be included in the AFCARS reporting population (see Child Welfare Policy Manual Section 1.3 QA# 12). This means that the State will report to AFCARS the date the child was placed in the unallowable facility as the date of placement in current foster care setting (foster care element #23) and indicate that the child's current placement setting (foster care element #41) is an institution. The State will also increment the number of previous placement settings (foster care element #24).

If, however, the State does not expect the child to return to a foster care setting, the State may enter the child as discharged (foster care element #56) as of the date the child left the foster family home or child care institution and indicate the reason for discharge (foster care element #58).

Source/Date

8/21/2006

Legal and Related References

Social Security Act - section 479

1.2B.4 AFCARS, Data Elements and Definitions, Foster Care Specific Elements, Financial elements

1. Question:

Should a State report that a child is eligible for, but not actually receiving title IV-E foster care maintenance payments in foster care element 59, "Sources of Federal Financial Support/Assistance for Child?" (Deleted November 13, 2024)

Answer:

No. The State should only indicate whether a child received a title IV-E foster care maintenance payment during the reporting period in answering foster care element 59.

Source/Date

(5-28-02)

Legal and Related References

Appendix A to 45 CFR 1355.40

1.2B.5 AFCARS, Data Elements and Definitions, Foster Care Specific Elements, Foster family home

1. Question:

What procedures should a child welfare worker follow in order to most effectively obtain accurate information on the racial and ethnic status of children and adults? (Deleted November 13, 2024)

Answer:

Source/Date

7/19/2004

Legal and Related References

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 05, 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

1. Question:

How does a State code a record where the status of the placement changes? For example, if a child is in a foster family home placement setting and that family decides to adopt the child, thus becoming a pre-adoptive home placement setting, how do States record the placement setting, the date of placement, and the number of placements? (Deleted November 13, 2024)

Answer:

The State should change the placement setting to pre-adoptive home. However, the number of placements should not change nor should the date of placement. There is no internal consistency check among these elements and therefore, there will be no error detected with the change of placement even though the number of placements has not increased. (See: 45 CFR 1355, Appendix D, Detailed Foster Care, Element Numbers 23, 24, 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

2. Question:

The internal consistency check for date of placement in current foster care setting states that it must be later than the date of latest removal from home. Can't it also be equal to the date of latest removal? (Deleted November 13, 2024)

Answer:

Yes. The system will not consider it an error if the date of placement in current foster care setting is the same day as the date of latest removal from home. (See: 45 CFR 1355, Appendix D, Detailed Foster Care, Element Number 23.)

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

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 05, 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

4. Question:

How do States indicate emergency shelter care - as "institution" or "group home?" (Deleted November 13, 2024)

Answer:

Generally, the shelter should be coded as the type of placement that it most closely resembles. Therefore, the size of the facility should determine whether the shelter care is considered as an institution or a group home. It is also possible for an emergency shelter to be coded as relative or non-relative foster care if the shelter is a home.

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

5. Question:

Please provide a more inclusive definition of Pre-Adoptive Home, Foster Family Home (Non-Relative), Institution and Trial Home Visit. (Deleted November 13, 2024)

Answer:

A Pre-Adoptive Home is a home in which the family has been approved to adopt the child. The family may or may not be receiving a foster care payment or an adoption subsidy on behalf of the child. The child is considered in foster care until the adoption has been finalized, that is, a judge has signed the adoption decree.

A Foster Family Home (Non-Relative) is a licensed or approved foster family home regarded by the State as a foster care living arrangement. This placement setting also includes what are referred to in some States as receiving foster homes.

An Institution is a child care facility operated by a public or private agency and providing 24-hour care and/or treatment for children who require separation from their own homes and group living experience. These facilities may include: child care institutions, residential treatment facilities, maternity homes, nursing homes, hospitals, etc.

A Trial Home Visit occurs when the child has been in a foster care placement, but, under continuing State agency supervision, is then returned to the principal caretaker for a limited and specified period of time. If a time period is not specified the child'should be identified as having been returned home at the point at which the trial home visit exceeds six months. (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

6. Question:

"Group homes" as they are called in some States may more closely match the AFCARS definition of "institutions" by their size, so the data reported may look like the State has foster homes and institutions as placements, and nothing much else. Won't this be a problem? (Deleted November 13, 2024)

Answer:

For AFCARS' reporting purposes "Group Homes" are defined as substitute care settings which house 12 or fewer children, whereas, an "Institution" provides care for more than 12 children. Given this distinction of size, and if States are consistent in their use of size as a distinguishing factor, it should be clear as to the types of substitute care children are in and should not pose a major problem.

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

7. Question:

Please clarify the meaning of the terms removal, placement, episode, and discharge. (Deleted November 13, 2024)

Answer:

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

8. Question:

For AFCARS reporting purposes what information is entered for a child who returns to a placement setting different than the placement setting from which he/she ran away or left for a trial home visit? (Deleted November 13, 2024)

Answer:

If the child, after having run away or experienced a trial home visit, returns to a placement setting different than the one he/she ran away from or left for a trial home visit, then the "Date of Placement in Current Foster Care Setting," "Current Placement Setting," and "Number of Previous Placement Settings during this Removal Episode" will be changed. The following information should be entered, "Date of Placement in Current Foster Care Setting" will be changed to the date the child enters the "different" placement setting, "Current Placement Setting" will be changed to the appropriate setting, and "Number of Previous Placement Settings during this Removal Episode" will be increased by one (+1). (See: 45 CFR 1355, Appendix D, Detailed Foster Care, Element Number 23, 41, and 24, respectively.)

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

9. Question:

Why are trial home visits (which count as placements for element 41 and may last up to 6 months or more) not counted as placements for element 24 - number of placements? (Deleted November 13, 2024)

Answer:

Trial home visits and Runaway are the same in that they are recorded as placement settings. This allows the State to more accurately show the physical setting that the child is in at the time the report period ends. However, they are not counted in the number of placements in order to guard against misleading data. For example, in the case of a child in a group home who runs away for one week and then returns to the group home, if the runaway were counted as a placement it would appear that the child had three placements, when actually the agency had only placed the child once. Likewise, if the child was placed in a trial home visit with the intent that the child would be discharged back to the family the trial home visit should not be considered a placement. The number of placements element is meant to gather information on how many times the agency found it necessary to move the child while in foster care. (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

10. Question:

"Runaway" is an option for a child's "Current Placement Setting"; should it be counted when calculating the answer to, "Number of Previous Placements During This Removal Episode"? (Deleted November 13, 2024)

Answer:

No. While it is important for ACF to know the number of children in runaway status at a particular time, "runaway" is not a placement setting and should not be counted as such. (See: 45 CFR 1355, Appendix D, Detailed Foster Care, Element Numbers 41 and 24, respectively).

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

11. Question:

For AFCARS reporting purposes what information is entered for a child who returns to the same placement setting from which he/she ran away or left for a trial home visit? (Deleted November 13, 2024)

Answer:

If the child returns to the same placement setting they were in, prior to running away or having the trial home visit, only the "Current Placement Setting" will be changed and it will be changed to the placement setting he/she was in prior to running away or leaving for their trial home visit. (See: 45 CFR 1355, Appendix D, Detailed Foster Care, Element Number 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

12. Question:

The data element, "Number of Previous Placement Settings During This Removal Episode" clearly indictes previous placement settings; however, the definition in the regulation says to include the current placement setting in this count. This seems to be contradictory. Which is correct? (Deleted November 13, 2024)

Answer:

When answering the question, "Number of Previous Placement Settings During This Removal Episode", include the current placement setting. (See: 45 CFR 1355, Appendix D, Detailed Foster Care, Element Number 24. Also see: Appendix A, Section II, Roman Numeral III, Removal/Placement Setting Indicators.)

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

13. Question:

Mental health institutions and jails are not normally considered to be the same type of facility. Some States expressed concern with counting them as the same for AFCARS. Why are they counted all the same as "institutions?" (Deleted November 13, 2024)

Answer:

"Institution," as it is used for AFCARS reporting, generally indicates large groups of children, even though we acknowledge that this could represent children in mental health facilities, nursing homes, long-term hospital care, juvenile justice facilities, and many other placement settings serving large numbers of individuals. To assist ACF in clarifying placements, we encourage States to footnote significant percentages, for example, 25% of children in institutional care are in juvenile justice facilities.

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 05, 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

15. Question:

Occasionally a child may be placed in the home of a neighbor or family friend who is in the process of being licensed but is not licensed at the end of the reporting period. In this case, how should that placement setting be coded? (Deleted November 13, 2024)

Answer:

ACF hopes that it will be a rare occasion when a child is placed in an unlicensed facility. But in those rare cases, code the placement setting as the definition that most closely resembles the placement setting. For this case, the placement setting should be coded as a non-relative foster home. (See: 45 CFR 1355, Appendix D, Detailed Foster Care, Element Number 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

16. Question:

How are children in shelter care indicated on the AFCARS questionnaire? (Deleted July 05, 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

17. Question:

If the provider changes status (e.g. was a county service foster home and changes to a child placement service) and the child remains with the same family is this 1 placement setting or 2 placement settings? (Deleted November 13, 2024)

Answer:

AFCARS reporting is not concerned with the status of the substitute care provider, only the number of placement setting changes a child experiences. Consequently, the child in the above question does not experience a placement setting change, therefore, no change will be made to "Number of Previous Placement Settings during this Removal Episode", (See: 45 CFR 1355, Appendix D, Detailed Foster Care, Element Number 24.)

If a child's placement setting status changes to a setting as defined for AFCARS reporting, e.g., a group home becomes licensed as an institution, then for AFCARS reporting purposes we would request that the child's "Current Placement Setting" be changed as appropriate. However, there would be no change in the "Date of Placement in the Current Foster Care Setting" nor in the "Number of Previous Placements During this Removal Episode". (See: 45 CFR 1355, Appendix D, Detailed Foster Care, Element Number 41, 23, and 24 respectively.)

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

18. Question:

If a child is in a foster family home and then goes to a different foster family home, is this one placement or two placements? (Deleted November 13, 2024)

Answer:

Two placement settings in the current episode. (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

19. Question:

If a foster family moves to another city or county or State, is the move considered to be a new placement for the child living with the family? (Deleted November 13, 2024)

Answer:

If the child remains with the same family, it should not be considered a new placement if the family moves. (See: 45 CFR 1355, Appendix D, Detailed Foster Care, Element Numbers 23, 24, 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

20. Question:

The AFCARS definition of "institution" seems different from the definition used for IV-E and adoption programs. Why? (Deleted November 13, 2024)

Answer:

The definitional use of institutional care setting for AFCARS was purposely broadened to make it applicable to situations which cannot be recorded in any other manner. But it remains the same for purposes other than AFCARS reporting.

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

21. Question:

How should the State count <i>brief</i> periods spent away from the child's foster care provider in foster care element 24, " Number of previous placement settings during the removal episode"? (Deleted November 13, 2024)

Answer:

In general, the State is required to count a placement that lasts more than 24 hours while the child is in foster care under the placement, care or supervision responsibility of the State agency. See 45 CFR 1355.40 and CWPM 1.2B.7 and 1.3. This includes moves that may be made on an emergency or unplanned basis, such as shelter care placements, treatment facility placements, and certain placements for juvenile justice purposes. See CWPM 1.3. However, there are certain temporary living conditions that are not placements, but rather represent a temporary absence from the child's ongoing foster care placement. As such, the State must exclude the following temporary absences from the calculation of the number of previous placement settings for foster care element 24.

Visitation with a sibling, relative, or other caretaker (i.e., preplacement visits with a subsequent foster care provider or preadoptive parents)
Hospitalization for medical treatment, acute psychiatric episodes or diagnosis
Respite care
Day or summer camps
Trial home visits
Runaway episodes

Source/Date

(5-28-02)

Legal and Related References

Social Security Act - section 479; 45 CFR 1355.40 & appendices; Child Welfare Policy Manual Sections 1.2B.7 and 1.3

22. Question:

How should a State count a child's placement back into a previous foster home in foster care element 24, "Number of previous placement settings during the removal episode"? Should a State only increase the number of previous placement settings if the child is placed in a foster care setting in which he has not been placed before? (Deleted November 13, 2024)

Answer:

Foster care element 24 is meant to gather information on how many times the agency found it necessary to move the child while in foster care. Therefore, the number of previous placement settings during the removal episode must reflect all placement moves including the current placement and placements into a previous foster care setting, regardless of whether the child was previously placed in that setting. The exception to this policy is with regard to a child who returns to the same foster care setting following a temporary absence that is specifically excluded from the calulation of previous placment settings.(see CWPM 1.2B.7).

Source/Date

(5-28-02)

Legal and Related References

Appendix A to 45 CFR 1355.40

23. Question:

If a child is on a trial home visit or has run away how should the State report this child in AFCARS? (Deleted November 13, 2024)

Answer:

The State must indicate the date the child was placed on the trial home visit, or known to have run away from the last placement setting as the "Date of placement in current foster care setting" (foster care element 23). The State must also change the "Current Placement Setting" (foster care element 41) to either "Runaway" or "Trial Home Visit", as appropriate. The State should not increase the "number of previous placement settings during this removal episode" (foster care element 24).

Source/Date

(5-28-02)

Legal and Related References

Social Security Act - section 479; 45 CFR 1355.40 & appendices

24. Question:

Should a State report in AFCARS a child who is under the placement and care responsibility of the State title IV-B/IV-E agency but who has not yet been placed in a foster care setting because the child ran away prior to placement? (Deleted November 13, 2024)

Answer:

Yes. The State should report to AFCARS children who are under the placement and care responsibility of the title IV-E agency but who ran away prior to the child's placement in a foster care setting. In this situation, the State should report the child as having a current placement setting (foster care element #41) of runaway and indicate the date the child ran away as the date of placement in current foster care setting (foster care element #23). Since there has not been an actual placement, the State should indicate a placement count (foster care element #24) of zero.

Source/Date

8/21/2006

Legal and Related References

Social Security Act - section 479

25. Question:

If a child in foster care moves within a child care institution at a single location (e.g., from one building, dorm, cottage, or wing to another within the institution) should a State report this to AFCARS as a change in placement? Is it relevant whether the child is moving within the institution because of a change in the level of care necessary? (Deleted November 13, 2024)

Answer:

No to both questions. The child remains at a single child care institution and placement and the State must not indicate a change in the date of placement in current foster care setting (foster care element 23), number of previous placement settings (foster care element 24) or the current placement setting (foster care element 41) due to such a move.

Source/Date

8/21/2006

Legal and Related References

Social Security Act - section 479

1.2B.8 AFCARS, Data Elements and Definitions, Foster Care Specific Elements, Principal caretaker

1. Question:

When an adoption is dissolved and the child is then re-adopted, should the State submit the information on the first adoptive (legal) parents or the birth parents? (Deleted November 13, 2024)

Answer:

The AFCARS report should always include information on the legal parents. Therefore, in this case, the State should submit information on the previous adoptive parents.

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

2. Question:

What if a State has information on both the legal as well as one or more putative fathers? For whom should information be provided? (Deleted November 13, 2024)

Answer:

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

3. Question:

If a child's principal caretakers are a same sex couple how is it indicated for AFCARS reporting? (Deleted November 13, 2024)

Answer:

The couple should be entered as either an unmarried or married couple depending on how State law views them. (See: 45 CFR 1355, Appendix B, Section I, Roman Numeral VII, Question A. Also see: Appendix D, Detailed Foster Care, Element Numbers 44 and 49.)

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

1.3 AFCARS, Reporting Population

1. Question:

Please clarify the definition of the AFCARS foster care reporting population, that is, the children States are to submit AFCARS data on. (Deleted November 13, 2024)

Answer:

Foster care is defined in 45 CFR 1355.20 and 1355.40. Section 1355.20 gives the general definition of foster care as 24 hour substitute care for all children placed away from their parent(s) or guardian(s) and for whom the State agency has placement and care responsibility. Section 1355.40 (a)(2), defines the foster care population for AFCARS reporting purposes. Each State's data transmission must include all children in foster care, as defined in section 1355.20, for whom the State title IV-B/IV-E agency has responsibility for placement, care or supervision.

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

3. Question:

Are past placement histories to be included or only current active cases? (Deleted November 13, 2024)

Answer:

All cases which are open at any time during the reporting period, whether or not there have been any changes in the file, need to be reported. Any cases which are closed, that is, the child is discharged from care, etc., need to be included in the current report only if the closure activity was entered into the system during the current reporting period.

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

4. Question:

Do States report on the children in State custody even though the State has no placement or financial responsibility? (Deleted November 13, 2024)

Answer:

Yes. Children who are under State custody and in foster care are included in AFCARS regardless of whether or not a payment is made.

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

5. Question:

Do States report on children whose care is in the control of tribal courts? (Deleted November 13, 2024)

Answer:

What court the child goes through is not of particular importance. The determining factor is whether the State title IV-B/IV-E agency has placement and care responsibility and/or supervision.

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

6. Question:

What guidelines or qualifiers, if any, exist as to the inclusion of American Indian children in the AFCARS reporting population? (Deleted November 13, 2024)

Answer:

There are no guidelines or qualifiers related to American Indian children. They are to be included in AFCARS as any other child under the care and responsibility or supervision of the State child welfare agency.

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

7. Question:

Do States report on children in private agency care? (Deleted November 13, 2024)

Answer:

If the care of the child is under the State child welfare agency (e.g., the private agency is providing care by contract with the State), that child'should be included in AFCARS reporting; if it is strictly private, that is, there is no contractual relationship with the IV-B/IV-E agency, do not report on the child.

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

8. Question:

What is the relationship between State and tribal organizations to access client data, especially non-IV-E funded clients? (Deleted November 13, 2024)

Answer:

Children affiliated with Tribes which have title IV-E agreements with a State are to be included in the AFCARS reporting population. Any child in substitute care in which joint custody exists between the tribal court and IV-B/IV-E agency, is included in the AFCARS reporting population. If an agreement exists the title IV-B/IV-E agency should have access to the necessary records.

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

9. Question:

What agency submits data on adoption for children placed out of State (i.e., cooperative placement agreements)? (Deleted November 13, 2024)

Answer:

The State which has/had custody of the child or is party to the adoption assistance agreement must submit the AFCARS data.

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

10. Question:

Under what circumstances, if any, should children in emergency care be included in the AFCARS reporting population? (Deleted November 13, 2024)

Answer:

The reporting population includes children in emergency care, if the emergency care exceeds 24 hours, regardless of whether the placement and care responsibility or supervision is on the basis of a court order, legislation or regulation.

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

11. Question:

Are children at home (i.e., trial home visits) to be included in the AFCARS reporting population? (Deleted November 13, 2024)

Answer:

Yes. Any child who is returned home on a trial home visit, for a specifically limited period of time and for whom the State agency continues to maintain placement and care responsibility or supervision should be included in AFCARS. If a child is returned home on a trial basis with no specific time period indicated, and the State agency maintains placement and care responsibility or supervision, he or she should be indicated as in foster care for a period of up to six months. After six months such child'should be indicated as discharged from foster care and returned home and should not be included in subsequent AFCARS reports unless the child is returned to foster care.

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

12. Question:

Are children in juvenile justice facilities included in AFCARS reporting? (Deleted November 13, 2024)

Answer:

Children who are removed from their home and initially placed in a juvenile justice facility are not to be included in AFCARS reporting.

For children already in a juvenile justice facility with respect to whom a subsequent court order is signed giving placement, care or supervision to the title IV-E/IV-B agency, the date of the court order will be used as the date of removal from the home.

Children in a foster care setting who are moved to a juvenile justice facility and who are expected to be returned to a foster care setting should continue to be included in the AFCARS reporting population. The child's move into the juvenile justice facility should be reported as a placement change and recorded as an institutional foster care setting.

Children in a foster care setting who are moved to a juvenile justice facility and who become the responsibility of another agency should not be included in the AFCARS reporting population. The date the court order was signed will serve as the date of discharge from foster care and the reason for discharge would be reported as transfer to another agency.

Source/Date

ACYF-CB-PIQ-94-01 (7/8/94); ACYF-CB-PIQ-95-01 (3/8/95)

Legal and Related References

Social Security Act - section 479; 45 CFR Parts 1355, 1356 and 1357

13. Question:

What if a child in care is known to two different State agencies? Which agency should report on the child? (Deleted November 13, 2024)

Answer:

The agency which currently has placement and care responsibility or supervision should report on the child. If there is joint responsibility (e.g., both the juvenile justice agency and the child welfare agency) then the child welfare agency should report on the child.

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

14. Question:

If the State has placement and financial payment responsibility for some children, but the State does not have custody, do we report them? (Deleted November 13, 2024)

Answer:

Yes. These children should be included in the AFCARS reporting population.

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

1.4 AFCARS, Technical Requirements

1. Question:

For programming purposes, are "6 months" and "180 days" supposed to be literally the same? Automated systems must be programmed precisely as to what date to use. (Deleted November 13, 2024)

Answer:

The reference to 6 months is 6 calendar months, whereas, 180 days equals 180 days, irrespective of calendar months.

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

2. Question:

What links are States to maintain between children in the AFCARS foster care data transmission and the AFCARS adoption data transmission? If the State uses encrypted numbers, the child's number will appear the same on both the foster care and the adoption reports. Does this violate confidentiality? (Deleted November 13, 2024)

Answer:

No link may be maintained in the AFCARS transmissions for children who leave foster care and are adopted. If the State is still concerned about possible linkage of the foster care and adoption records, it should adopt a different encryption algorithm for the adoption data report.

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

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 03, 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

5/2/2006

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 05, 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 09, 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

1/29/2007

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

7/25/2002

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

7/25/2002

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

7/25/2002

Legal and Related References

Social Security Act - section 477

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.8c TITLE IV-E, Foster Care Maintenance Payments Program, Eligibility, Facilities requirements, licensing

5. Question:

May a State maintain separate systems that "license" one category of foster family homes, e.g., non-relatives, and "approves" another category, e.g., relatives, as long as both systems adhere to the same standards? (Deleted July 17, 2024)

Answer:

Regardless of the term used to denote full licensure or approval, the statute and the regulation require that the State use the same standards to license or approve all foster homes, and the standards used must comprise full licensure or approval of the homes, including all applicable safety requirements. Some States have applied the terms "licensed" and/or "approved" to foster family homes that have complied with the States' requirements to provide foster care for children under the States' care and placement responsibility. At times, State requirements for "licensure" and "approval" have been different, particularly in their applicability to related and non-related foster family homes. While States may continue to use two different terms to denote licensure or approval of homes, the benefits of doing so are unclear, as the same standards must be used for all homes.

Source/Date

Questions and Answers on the Final Rule (65 FR 4020) (1/25/00)

Legal and Related References

Social Security Act - section 471 (a)(10); 45 CFR 1355.20

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)

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 03, 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

9/19/2019

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

9/19/2019

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

9/19/2019

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:

Answer:

This question and answer is repeated in the Initial Submission and Cost Allocation for New CCWIS sections.

Source/Date

9/19/2019

Legal and Related References

6.16B Cost allocation for new CCWIS

3. Question:

Answer:

This question and answer is repeated in the Initial Submission and Cost Allocation for Transitioning Systems sections.

Source/Date

9/19/2019

Legal and Related References

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

4/27/2007

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

11. Question:

May the title IV-E agency claim Federal financial participation (FFP) for the administrative costs of an otherwise title IV-E eligible child who is placed in an unlicensed or unapproved foster family home? (Deleted August 08, 2024)

Answer:

Under certain circumstances, yes. The title IV-E agency may claim administrative costs on behalf of an otherwise eligible child placed in an unlicensed or unapproved relative home for 12 months or the average length of time it takes the title IV-E agency to license or approve a foster family home, whichever is less. During this time, an application for licensure or approval of the relative home as a foster family home must be pending (section 472(i)(1)(A) of the Social Security Act). The title IV-E agency is prohibited from claiming administrative costs for a child placed in an unlicensed or unapproved foster family home that is not related to the child. For the purposes of this provision, a relative is defined by section 406(a) of the Social Security Act as in effect on July 16, 1996, and implemented in 45 CFR 233.90(v).

Source/Date

ACYF-CB-PA-01-02 (7/3/01), ACYF-CB-PI-01-09 (November 7, 2001), updated 8/7/2006; (12/17/2019)

Legal and Related References

Social Security Act - sections 472(i)(1)(A) and 479B; 45 CFR 233.90(v)(c)(1)

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 07, 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

6/9/2004

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

8.3B 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:

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.

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 08, 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

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 02, 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

4/24/2007

Legal and Related References

Social Security Act § section 471(a)(20)(A)

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

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

5/29/2009

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 09, 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

5/29/2009

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 09, 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

5/29/2009

Legal and Related References

Social Security Act § section 473(d)(3)

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 04, 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

4/4/2005

Legal and Related References

Social Security Act - Section 477(i)(3)

6.6B Child welfare contributing agencies

6. Question:

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

9/19/2019

Legal and Related References

7. Question:

Answer:

This question and answer is repeated in the Cost Allocation section.

Source/Date

9/19/2019

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)

Policy Area

Child Welfare Policy Manual UpdatesDeletions to the Manual

Child Welfare Policy Manual Updates

Deletions to the Manual