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ACTION TRANSMITTAL TO: State Agencies Administering and Supervising the Administration of Programs Approved under Titles IV-A and IV-E of the Social Security Act. SUBJECT: Fiscal Reports for the Foster Care, Adoption Assistance, and AFDC programs. CONTENT: The attached program instruction explains how States shall submit fiscal reports: (1) to ACYF for Foster care and adoption assistance under title IV-E and IV-A of the Social Security Act and (2) to OFA for AFDC excluding foster care (under title IV-A of the Social Security Act). ATTACHMENT: Program Instruction. signed Linda McMahon Warren Master Associate Commissioner Acting Commissioner for Family Assistance Administration for Children, Youth and Families DEPARTMENT OF HEALTH AND HUMAN SERVICES PROGRAM INSTRUCTION TO: State Agencies Administering or Supervising the Administration of Programs Approved under Title IV-A and IV-E of the Social Security Act. SUBJECT: Fiscal Reports for the Foster Care, Adoption Assistance, and AFDC Programs. BACKGROUND: Public Lae 960-272, "The Adoption Assistance and Child Welfare Act of 1980", became effective on June 17, 1980. Under this law, States may either maintain their present AFDC-Foster Care (FC) Programs under Title IV-A until September 30,1982 or they may establish an integrated Foster Care and Adoption Assistance Program under title IV-E beginning with the calendar quarter October 1, 1980 or any later quarter. The authority to administer the AFDC-FC Program under IV-A and the Foster Care and Adoption Assistance Program under IV-E has been delegated to the Administration for Children, Youth and Families (ACYF). The AFDC Program (excluding foster care) continues to be administered by the Social Security Administration/Office of Family Assistance (SSA/OFA). LEGAL REFERENCES: Section 471, 474, 402, 403(a) and 408 of the Social Security Act and 45 CFR 233.110. CONTENT: States will use the attached forms to estimate expenditures or claim expenditures for foster care (IV-A or IV-E) and for adoption assistance. The forms have been approved by OMB through June 30,1981. We are requesting OMB approval of the forms through September 30, 1981. Subsequent instructions depend on Congressional action on the proposed social services block grant bill. INSTRUCTION: States must complete and send copies of the attached forms to ACYF in order to estimate expenditures or claim actual expenditures for foster care and adoption assistance. States must complete Form No. IV-E (or IV-A-FC)-2 (Quarterly Statement of Expenditures) for the quarters which began October 1, 1980 and January 1, 1981 and submit the forms to ACYF. In addition, States must submit to the Social security Administration, Office of Family Assistance (SSA/OFA), for the quarter which began October 1, 1980 and subsequent quarters, a Quarterly Statement of Expenditures for the AFDC Program that excludes foster care maintenance payments and supporting administrative and training expenditures. States must report on Form No. IV-E (or IV-A-FC)-2 as adjustments under IV-A and IV-E Foster care and adoption assistance the following types of expenditures and collections, as well as other adjustments: child support payment collections and expenditures, deferral and disallowance. States also must continue to report those items for AFDC. States must complete and submit to ACYF Form No, IV-E (or IV-A-FC)-1 (Estimate of Expenditures) for the quarters beginning July 1, 1981 for foster care and adoption assistance. All States must complete sections A and B. The Quarterly Estimate of Expenditures for the AFDC Program submitted to SSA/OFA for the quarter beginning July 1, 1981 and for all subsequent quarters must exclude foster care maintenance payments and supporting administrative and training expenditures. States must also use the Form No. IV-E (or IV-A-FC)-2 for any reports they wish to submit related to computation of foster care allotments. HDS/ACYF policy on how the allotments are computed is stated in the Federal Register as published on December 31, 1980 (45 F.R, 86817, 86841-2) at 45 CFR 1356.80(e)(1)(iii)(B) (3) and (D) (2). While amendments to cost allocation plans are not needed for these reports, proper cost allocation methods must be explained as a basis for the reports of administrative or training expenditures. However, cost allocation amendments must be submitted and approved before claims for administrative and training expenditures are paid. ATTACHMENT: Form No. IV-E (or IV-A-FC)1 (Quarterly Estimate of Expenditures) or IV-E (or IV-A-FC)-2 (Quarterly Statement of Expenditures) ACTION REQUIRED: States must complete Form IV-E (or IVa-FC)-2 (Quarterly Statement of Expenditures) and Form IV-E (or IV-A-FC)-1 (Quarterly Estimate of Expenditures) and send the original to:
The Form No. IV-E (or IV-A-FC)-2 (Quarterly Statement of Expenditures) for the quarters which began October 1, 1980 and January 1, 1981 are due June 29, 1981. States must complete the Quarterly Statement of Expenditures for the AFDC program excluding foster care maintenance payments and supporting administrative and training costs for the quarter beginning October 1, 1980 and subsequent quarter and submit them to SSA/OFA using the normal procedures except for the due dates of the reports for the quarters which began October 1, 1980 and January 1, 1981. The due date for the submission of reports for these quarters is June 29, 1981. Reports for subsequent quarters of FY 1981 are due 30 days after the end of each quarter. The Form No. IVB-E (or IV-A-FC)-1 (Quarterly Estimate of Expenditures) for the quarter beginning July 1, 1981 is due June 22, 1981. Instructions for subsequent quarters are contingent to Congressional action on the proposed block grant legislation and will be issued later. The Quarterly Estimate of Expenditures for the AFDC program submitted to SSA/OFA for the quarter beginning July 1,1981 and subsequent quarters must exclude foster care maintenance payments and supporting administrative and training costs. EFFECTIVE DATE: Upon issuance. INQUIRIES TO: Regional Program Directors for Children, Youth and Families SSA Regional Commissioners. FEDERAL REGISTER PART VI DEPARTMENT OF HEALTH AND HUMAN SERVICES Foster Care Rules and Regulations DEPARTMENT OF HEALTH AND HUMAN SERVICES 45 CFR Part 1357 Requirements Applicable to Title IV-B Agency: Office of Human Development Services [OHDS], HHS. Action: Interim Final Rule Summary: The Office of Human Development Services is issuing a regulation which describes the systems and programs that the Secretary will find satisfactory as meeting the requirements of Section 427 of the Social Security Act (The Act). The Adoption Assistance and Child Welfare Act of 1980 (P.L. 96-272) amended the Social Security Act. The amended Act requires that in order to be eligible - (1) for title IV-B funds in excess of its proportionate share of $141 million (Sec. 427(a)), or (2) to transfer unused title IV-A or IV-E foster care funds to title IV-B for use in the provision of child welfare services in an amount which, together with the States IV-B allotment would exceed its share of $141 million (474(c)(4)(A)), a State must meet the following conditions of Section 427(a):
The Act further provides that in addition to the systems and programs described above for Section 427(a) of the Act, a State must also implement and operate a program of preplacement preventive services designed to help children remain with their families (Sec. 427(b)(a)) in order to -
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