| ACF Administration for Children and Families |
U.S. DEPARTMENT OF HEALTH AND
HUMAN SERVICES Administration for Children, Youth and Families |
|
| 1. Log No. ACYF-CB-PI-98-02 | 2. Issuance Date: January 8, 1998 | |
| 3. Originating Office: Children's Bureau | ||
| 4. Key Words: Adoption and Safe Families Act of 1997; Public Law 105-89; Amendments to Title IV-B Subparts 1 and 2 and Title IV-E of the Social Security Act; State Automated Child Welfare Information System (SACWIS) | ||
PROGRAM INSTRUCTION
TO: State and Territorial Agencies Administering or Supervising the Administration of Title IV-B and Title IV-E of the Social Security Act, Indian Tribes and Indian Tribal Organizations
SUBJECT: NEW LEGISLATION -- Public Law 105-89, The Adoption and Safe Families Act of 1997
LEGAL AND RELATED REFERENCES The Adoption and Safe Families Act of 1997 (Public Law 105-89), Titles IV-B and IV-E, Section 403(b), Section 453, and Section 1130(a) of the Social Security Act
PURPOSE: The purpose of this Program Instruction (PI) is to inform States of new legislation amending titles IV-B and IV-E of the Social Security Act and provide guidance for implementing the new law. This PI also provides the effective dates for implementing Public Law 105-89 and early notification of the impact of the new law on State Automated Child Welfare Information Systems (SACWIS).
OVERVIEW: This Program Instruction transmits Public Law 105-89 and a compilation of titles IV-B and IV-E, as amended by the Adoption and Safe Families Act of 1997 (ASFA). It also provides guidance for States' early implementation of the law. The PI is divided into three parts: Part I contains principles to assist States in understanding the new provisions and integrating the law into ongoing reforms of the child welfare system; Part II stipulates the effective dates of the new legislation; and Part III discusses how the law may impact States' SACWIS and other information systems.
INFORMATION:
PART I. THE ADOPTION AND SAFE FAMILIES ACT OF 1997
On November 19, 1997, the President signed into law the Adoption and Safe Families Act of 1997. This legislation, passed by the Congress with overwhelming bipartisan support, represents an important landmark in Federal child welfare law. It establishes unequivocally that our national goals for children in the child welfare system are safety, permanency, and well-being. The passage of this new law gives us an unprecedented opportunity to build on the reforms of the child welfare system that have begun in recent years in order to make the system more responsive to the multiple, and often complex, needs of children and families. The law reaffirms the need to forge linkages between the child welfare system and other systems of support for families, as well as between the child welfare system and the courts, to ensure the safety and well-being of children and their families. The law also gives renewed impetus to dismantle the myriad barriers that may exist between children waiting in foster care and permanency. By implementing the new law in the context of an ongoing commitment to strengthening all aspects of the child welfare system, we will make a meaningful difference in the lives of children in foster care and in the lives of children who must come into contact with the child welfare system in the future.
ASFA embodies a number of key principles that must be considered in order to implement the law:
-
The safety of children is the paramount concern that must
guide all child welfare services. The new law requires that
child safety be the paramount concern when making service
provision, placement and permanency planning decisions. The law
reaffirms the importance of making reasonable efforts to preserve
and reunify families, but also now exemplifies when States are not
required to make efforts to keep children with their parents, when
doing so places a child's safety in jeopardy.
-
Foster care is a temporary setting and not a place for
children to grow up. To ensure that the system respects a
child's developmental needs and sense of time, the law includes
provisions that shorten the timeframe for making permanency
planning decisions, and that establish a timeframe for initiating
proceedings to terminate parental rights. The law also strongly
promotes the timely adoption of children who cannot return safely
to their own homes.
-
Permanency planning efforts for children should begin as
soon as a child enters foster care and should be expedited by the
provision of services to families. The enactment of a legal
framework requiring permanency decisions to be made more promptly
heightens the importance of providing quality services as quickly
as possible to enable families in crisis to address problems. It is
only when timely and intensive services are provided to families,
that agencies and courts can make informed decisions about parents'
ability to protect and care for their children.
-
The child welfare system must focus on results and
accountability. The law makes it clear that it is no longer
enough to ensure that procedural safeguards are met. It is critical
that child welfare services lead to positive results. The law
requires numerous tools for focusing attention on results,
including an annual report on State performance; the creation of an
adoption incentive payment for States designed to support the
President's goal of doubling the annual number of children who are
adopted or permanently placed by the year 2002; and a requirement
for the Department to study and make recommendations regarding
additional performance-based financial incentives in child
welfare.
- Innovative approaches are needed to achieve the goals of safety, permanency and well-being. The law recognizes that we do not yet have all of the solutions to achieve our goals. By expanding the authority for child welfare demonstration waivers, the law provides a mechanism to allow States greater flexibility to develop innovative strategies to achieve positive results for children and families.
There is much to be done in the coming months as we work together to implement this multi-faceted new law. This Program Instruction is the first of the communications that the Department will send to assist the States in meeting the requirements of ASFA. We will also be consulting with State representatives and other experts in the field to help guide our work in implementing the new law. Working together, we have the opportunity to dramatically improve the lives of children and families.
PART II. EFFECTIVE DATES FOR IMPLEMENTING PUBLIC LAW 105-89:
General Effective Date of Public Law 105-89
The effective date of Public Law 105-89 is November 19, 1997.
States are expected to comply with the provisions of the law as of
that date, with the exceptions noted below.
Exceptions to Effective Date: Determination of Required State
Legislation
A limited period of delay is permitted when the Secretary
determines that a State must enact legislation to comply with
certain State plan requirements. Section 501(b) of Public Law
105-89 authorizes the Secretary to determine those State plan
requirements that will necessitate State legislation.
Delayed Effective Date
A "delayed effective date" will apply only to those requirements
that the Secretary has determined require State legislation. The
"delayed effective date" is defined in Section 501(b) as the
beginning of the calendar quarter following the close of the
State's first regular legislative session.
Following is a list of new or amended State plan requirements contained in titles IV-B and IV-E, as amended by ASFA:
Title IV-B, Subparts 1 and 2:
- Including safety in case plan and case review requirements [section 422(b)(10)]
- Developing plans to facilitate adoptions across State and county jurisdictions [section 422(b)(12)]
- Requiring assurances that the safety of children shall be of the paramount concern [section 432(a)(9)]
Title IV-E:
- Clarification of the reasonable efforts requirement [section 471(a)(15)]
- Criminal record checks for prospective foster and adoptive parents [section 471(a)(20)]
- Health insurance coverage for children with special needs [section 471(a)(21)]
- State standards to ensure quality services for children in foster care [section 471(a)(22)]
- State requirement to initiate or join proceedings within a specified time to terminate parental rights for certain children in foster care [section 475(5)(E) and (F)]*
Transition Rule
The requirement in section 475(5)(E) and (F) of the Act to initiate
proceedings to terminate parental rights (TPR) is phased in over
time according to the transition rule in section 103(c) of ASFA.
This transition rule is separate from the "delayed effective date"
described above. Separate guidance on implementing this transition
will be forthcoming to the Regional Offices and States.
Action Required
The Administration for Children and Families (ACF) Regional
Offices, on behalf of the Secretary, and based on the State
certification will determine where State legislation is necessary
to comply with title IV-B and title IV-E State plan requirements.
States that require legislation should submit the attached
certification indicating those State plan requirements that will
necessitate State legislation. The certification must include the
estimated "delayed effective date" in accordance with Section
501(b) of ASFA. States that do not require any legislation must
also submit the certification indicating that State legislation is
not necessary and that a "delayed effective date" is not
applicable. All certifications must be signed by the designated
State agency official and submitted to the ACF Regional Office no
later than February 13, 1998.
PART III. POTENTIAL IMPACT OF PUBLIC LAW 105-89 ON SACWIS:
The intent of this section is to advise States of potential implications of ASFA on their SACWIS and not to imply that any action must to be taken by the States at this time. The SACWIS functional requirements delineated in ACF's Action Transmittal ACF-OISM-001 (2/24/95) remain in effect.
We strongly encourage the State program and system staff to discuss the possible implications for the State's SACWIS as the State implements ASFA.
Listed below are sections of ASFA that may have possible implications for a State's SACWIS. This list may not identify every conceivable consequence of the new law on SACWIS:
- Section 101: SACWIS may need to be modified to appropriately
record and track the "reasonable efforts" requirements identified
in subsection (A), the "aggravated" or other circumstances
identified in subsection (D) and the timely completion of the
permanency hearing identified in subsection (E). [title IV-E,
sections 471(a)(15) and 475(5)(C)]
- Section 103: SACWIS may need to be modified to track the
"total" number of months a child has been in foster care to conform
with section 475(5)(E) and determine the beginning of foster care,
as defined in section 475(5)(F). Also, SACWIS may need to be
modified to assist the State in implementing the transition rule
outlined in section 103(c). States should note that the "beginning
of foster care" as defined in section 475(5)(F) should not be
confused with the AFCARS data element 21, "date of latest removal
from the home," which remains the same as defined in 45 CFR
1355.40, Appendix A. [title IV-E, section 475(5)(E) and(F)]
- Section 104: The notice generation function of a State's SACWIS
may need to be expanded to ensure that the applicable parties "are
provided with notice of, and an opportunity to be heard in, any
review or hearing to be held with respect to the child."
Considering that SACWIS is currently required to generate notices,
we would not expect this to cause a significant change to the
design of the system. [title IV-E, section 475(5)(G)]
- Section 105: If the State child welfare agency elects to use
the Federal Parent Locator Service (FPLS) for child welfare
services, it may need to modify its current interface with the
State's title IV-D Child Support Enforcement system. We would
expect that the benefits of pursuing this option would include
enhancing a State's capacity to identify other family caretakers
with whom the child could be placed, and expediting termination of
parental rights when reunification is not an option and a suitable
relative placement is not available. [title IV-D, section
453(a)(2),(c)]
- Section 106: If a State chooses to conduct criminal background
checks on foster and adoptive parents, and the State uses its
SACWIS to process foster care or adoptive home applications, SACWIS
may be modified to record the results of the background check.
[title IV-E, section 471(a)(20)]
- Section 107: In the case of a child for whom the permanency
plan is adoption or placement in another permanent home, SACWIS may
need to be modified to appropriately record and track "the steps
the agency is taking to find an adoptive family or other permanent
living arrangement for the child ... and to finalize the adoption
or legal guardianship." [title IV-E, section 475(1)(E)]
- Section 307: SACWIS may need to be modified to maintain the prior eligibility information on behalf of children with special needs whose initial adoption has been dissolved or whose adoptive parents have died. [title IV-E, section 473(a)(2)]
INQUIRIES TO: ACF Regional Offices
/s/
James A. Harrell
Deputy Commissioner
Administration on Children, Youth, and Families
* The requirement to initiate or join proceedings to terminate parental rights is treated as a State plan requirement under section 103(c)(4) of Public Law 105-89.
Attachments:
Attachment A - The Adoption and Safe Families Act of 1997 (Public
Law 105-89)
Attachment B - Compilation of Titles IV-B and IV-E of the
Social Security Act
Attachment
C - Certification of Required State Legislation
Attachment
D - ACF Regional Office list
