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Title IV-E Foster Care
Eligibility Review Guide

Administration for Children and Families
Administration on Children, Youth and Families
Children's Bureau

March 2006

 

Preface

This Title IV-E Foster Care Eligibility Review Guide (Guide) provides a consistent and uniform approach for Federal and State staff to use in complying with requirements set forth in 42 U.S.C. §672 and 45 CFR §1356.71. The Guide contains policy and procedural guidance on planning, conducting, and completing a foster care eligibility review. It is intended to complement, not supplant, applicable statutory and regulatory provisions. In the event of conflict or inconsistency between this Guide and the statute or regulations, the latter govern.

This Guide applies solely to the periodic title IV-E foster care eligibility reviews. It does not apply to other types of reviews or checks on eligibility, such as those that may be conducted by the Office of the Inspector General or that arise out of the Administration for Children and Families Regional Office reviews of title IV-E claims filed by States.

Table of Contents

Chapter 1. Framework for the Title IV-E Foster Care Eligibility Reviews

Purpose of the Reviews
Review Process
Requirements Subject to Review
Sampling Guidance
Payment History
Compliance Standards
Improper Payments
Steps in the Review Process

Chapter 2. The Review Team

Composition of the Review Team
Functions of the Review Team
Leadership of the Review Team

Chapter 3. On-Site Reviews

Advance Preparation for the On-Site Review
ACF Central Office Responsibilities
ACF Regional Office Responsibilities
State Agency Responsibilities
Case Selection and Review
Sample of Cases Reviewed
Preparation of Case Records for Review
Use of Electronic Files for Review
On-Site Review Instruments and Instructions
On-Site Review Activities

Chapter 4. Eligibility Requirements

Judicial Removals
Contrary to the Welfare
Reasonable Efforts
Voluntary Placements
Responsibility for Placement and Care Vested with the State Agency
AFDC Eligibility
Determination of Dependency
Documentation for Initial Eligibility Determination
Documentation for Ongoing AFDC Eligibility (Re-determination)
Reconstruction fo AFDC Eligibility
Placement in a Licensed Foster Family Home of Childcare Institution
Safety Requirements for Children Placed in Foster Care

Chapter 5. Final Report

Purpose of the Final Report
Preparation of the Final Report
Dissemination of the Final Report

Chapter 6. Program Improvement Plans

Criteria for Developing a PIP
Content of the PIP
Preparation and Approval of the PIP
Timeframes for Implementing the PIP
Quarterly Progress Report
Technical Assistance

Glossary

Appendices

I:       On-Site Review Instrument and Instructions

II:       Sample State Notification Letter

III:       Materials to Read in Preparation for a Title IV-E Foster Care Eligibility Review

IV:       Recommended Topics for Discussion by the Title IV-E Foster Care Eligibility Review Team During the Pre-Review Conference Call and Before Reviewing Records On-Site

V:       Suggested On-Site Quality Control Tasks for the Administration for Children and Families Regional Office Team Leaders

VI:       Title IV-E Foster Care Eligibility Reviews Table of Completed Case Records and Description of Improper Payments

VII:       Title IV-E Eligibility Criteria for the Foster Care Maintenance Payments Program

VIII:       Sample Transmittal Letter Including Notice of Disallowance

IX:       Model Report Title IV-E Foster Care Eligibility Review

X:       Timeframes for Title IV-E Foster Care Eligibility Review Activities

XI:       Title IV-E Foster Care Eligibility Chart

XII:       Matrix of AFDC Factors Related to Title IV-E Foster Care Eligibility

XIII:       Provider Requirements, Title IV-E Foster Care Eligibility

XIV:       Calculation of the Maintenance Payment and Administrative Cost Disallowances for the Title IV-E Primary and Secondary Foster Care Eligibility Reviews and of the National Foster Care Error Rate for the Title IV-E Foster Care Program