ACYF-PI-90-09

ACF Administration for Children and Families	U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES Administration for Children, Youth and Families
	1. Log No.: ACYF-PI-90-09	2. Issuance Date: April 19, 1990
	3. Originating Office: Children's Bureau
	4. Key Word: Independent Living Initiative; Title IV-E and IV-B

PROGRAM INSTRUCTION

TO: Administrators of State Public Welfare Agencies Administering Title IV-E of the Social Security Act

SUBJECT: Title IV-E and Title IV-B Requirements - Independent Living Initiatives Program

LEGAL AND RELATED REFERENCES: Sections 427, 470, 471(a)(16), 474(a)(4), 475(1), 475(5)(C) and 477 of the Social Security Act; 45 CFR 1356.21(d)(3); and ACYF-PI-88-07, issued August 29, 1988

BACKGROUND: The Consolidated Omnibus Budget Reconciliation Act of 1985 (P.L. 99-272), through the addition of section 477 to title IV-E of the Social Security Act (SSA), provided Federal payments to States for fiscal years 1987 and 1988 for service programs and activities to assist eligible children (age 16 and over) in title IV-E foster care to make the transition from foster care to independent living. In addition, P.L. 99-272 amended section 470 to authorize funds for independent living programs under title IV-E; added section 474(a)(4) to include payments to States for transitional independent living programs; and amended section 475(1) to include an independent living case plan requirement. The Technical and Miscellaneous Revenue Act of 1988 (P.L. 100-647) in section 8104(e), amended section 475(5)(C) to assure that dispositional hearings for a child who has attained age 16 address the services needed to assist the child to make the transition from foster care to independent living and made certain other changes in section 477. Effective November 10, 1988, States are permitted to provide title IV-E independent living services to non-title IV-E eligible youth over the age of 16 who are in foster care.

PURPOSE: The purpose of this Program Instruction (PI) is to provide information and instruction to the States regarding:

the requirement for a written transitional independent living case plan for title IV-E eligible children over the age of 16 and for all other children participating in the Independent Living (IL) program;
the requirement that dispositional hearings for a child who has attained age 16 address the services needed to assist the child to make the transition from foster care to independent living; and
the actions States must take with regard to eligibility for funds under titles IV-E and IV-B (section 427) of the Social Security Act.

As the States develop their Child Welfare State Plans (CWSP), we are also encouraging, but not requiring, that they describe the services being planned and provided for foster children age 16 and over who are in need of transitional independent living programs and services.

INFORMATION: P.L. 99-272 amendments require that States make certain changes in the documentation of their title IV-E State Plans in relation to the case plan requirements for children age 16 or over. In addition, P.L. 99-272 and P.L. 100-647 amendments impact upon section 427 eligibility.

P.L. 99-272 amendments affect section 475 (1) by adding the following:

Where appropriate, for a child age 16 or over, the case plan must also include a written description of the programs and services which will help such child prepare for the transition from foster care to independent living.

P.L. 100-647 amendments affect section 475(5)(C) by adding the following to the dispositional hearing definition under procedural safeguards: and, in the case of a child who has attained age 16, the services needed to assist the child to make the transition from foster care to independent living.

INSTRUCTION: In order to continue to be eligible for Federal financial participation under title IV-E and title IV-B, the States must comply with the following statutory requirements:

(1) Title IV-E - State Plan Requirements The State Plan requirement in section 471(a)(16) for the development of a case plan for each child receiving foster care maintenance payments under title IV-E is affected by reference to section 475(1).

Section 475(1) has been amended to require that States include, where appropriate, a written description in the case plan of the programs and services which will help the child, age 16 or over, to prepare for the transition from foster care to independent living.

A Program Instruction (ACYF-PI-88-07) issued August 29, 1988 required States to revise their title IV-E State plans based on amendments to sections 471, 472, 473 and 475; regulations for title IV-E; and applicable Federal policy issuances. If the State has already submitted an amended title IV-E State Plan which includes the Independent Living case plan changes and appropriate documentation, this will be sufficient to meet the amended section 475(1) requirements. If the State has not yet completed an amended title IV-E State Plan, with documentation to verify the new procedures related to the section 475(1) requirements, this should be submitted to the designated Regional Administrator within 60 days of this issuance. A listing of the OHDS Regional Administrators is attached (Attachment A).
Title IV-B - Administrative Procedures The State's administrative procedures must be reviewed in relation to the new case plan and dispositional hearing requirements and amended, as appropriate, to ensure continuing eligibility for section 427 funds. Documentation to verify these procedures must be submitted to the appropriate OHDS Regional Administrator.
Title IV-B - Section 427 Certification The definitions of the terms "case plan" at section 475(1) and "case review system" at section 475(5) are applicable to all children in foster care under the responsibility of the State agency. Amended language on page 3 of the State's Certification of Eligibility for Additional Funds Under Section 427 of the Social Security Act (Attachment B) states that the case plan for a child age 16 or over must include, where appropriate, a written description of the programs and services which will help such child prepare for the transition from foster care to independent living.

Amended language on page 5 of the Certification of Eligibility for Additional Funds Under Section 427 of the Social Security Act states that the dispositional hearing held to determine the future status of the child must, in the case of a child who has attained age 16, also determine the services needed to assist the child to make the transition from foster care to independent living.

In order to assure compliance with the new procedures, we have revised pages three and five of the Certification of Eligibility for Additional Funds Under Section 427 of the Social Security Act (Attachment B). Each State receiving section 427 funds is required to submit amended certification pages three and five (which include a new section (g) on page three and new language in section (c)(1) at the bottom of page 5). The revised pages three and five of the Certification (attached) must be signed by the State Certifying Official in States that have certified eligibility for section 427 funds and submitted with appropriate documentation to the designated Regional Administrator within 60 days of the date of this issuance.

EFFECTIVE DATE: The requirements under section 475(1) were effective with the enactment of the Consolidated Omnibus Budget Reconciliation Act (COBRA) of 1985. The requirements under section 475(5)(C) were effective October 1, 1988. The revised requirements (Attachment B) for the section 427 (title IV-B) certification will be effective upon signature and date submitted by the authorized State official. This revised certification must be submitted within 60 days of the date of this issuance.

INQUIRIES TO:	OHDS Regional Administrators Regions I - X
	Wade F. Horn, Ph.D.
	Commissioner

Attachments:

Attachment A- Regional Administrators Office Of Human Development Services
Attachment B- State Certification Of Eligibility For Additional Funds Under Section 427 Of The Social Security Act