ACYF-CB-PI-97-04

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-97-04	2. Issuance Date: July 30, 1997
	3. Originating Office: Children's Bureau
	4. Key Word: Title IV-E State Plan Amendments Amendments: Public Law 103-432; Public Law 104-193 and Public Law 104-188

PROGRAM INSTRUCTION

TO: State and Territorial Agencies Administering or Supervising the Administration of Title IV-E of the Social Security Act, Regional Administrators, Regions I-X, and Territories Administering the Title IV-E State Plan

SUBJECT: Title IV-E State Plan Amendments

LEGAL AND RELATED REFERENCES: Sections 471, 472, 473 and 475 of the Social Security Act (the Act); the Omnibus Budget Reconciliation Act of 1989, Public Law (P.L.) 101-239; the Social Security Act Amendments of 1994, Public Law (P.L.) 103-432; the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA), P.L. 104-193; the Small Business Job Protection Act, P.L.104-188; and ACYF-PI-88-07, "Title IV-E State Plan Revision"

PURPOSE: The purpose of this Program Instruction (PI) is to provide guidance to States to amend their title IV-E State plans in response to legislative changes.

BACKGROUND: On August 29, 1988, States were issued a revised title IV-E State plan preprint. Since that time, sections 471, 472, 473 and 475 of the Act have been amended by the Omnibus Budget Reconciliation Act of 1989, enacted on December 19, 1989; the Social Security Act Amendments of 1994, enacted on October 31, 1994; the Small Business Job Protection Act of 1996, enacted on August 20, 1996; and the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA), enacted on August 22, 1996.

The following changes were made to the Social Security Act:

Section 471(a) of the Act was amended by:

the addition of a State plan requirement for the removal of barriers to interethnic adoption (P.L. 104-188, effective January 1, 1997); and
the addition of a State plan requirement for States to consider giving preference to the placement of children with relatives (P.L. 104-193, effective January 1, 1997).

Section 472(c)(2) of the Act was amended by:

striking the word "nonprofit' from the definition of child-care institution (P.L. 104-193, effective August 22, 1996).

Section 475(1) of the Act was amended by:

the addition of subparagraph (C): a case plan requirement for the inclusion of the health and educational status of a child in the child's case plan (P.L. 101-239, effective April 1, 1990).

Section 475(5) of the Act was amended by:

the addition of subparagraph (D): to assure that the health and education records of the child are reviewed and updated at the time of each placement (P.L. 101-239, effective April 1, 1990).

Section 475(5)(A) of the Act was amended by:

the addition of a case plan requirement for accountability for children placed in foster care out of State or a substantial distance from home; and
inserting "and most appropriate" after "(most family like )" (P.L. 103-432, effective October 1, 1995).

Section 475(5)(C) of the Act was amended by:

striking "periodically" and inserting "not less frequently than every 12 months" (P.L. 103-432, effective October 1, 1995); and
inserting "and, in the case of a child described in subparagraph (A)(ii), whether the out-of-State placement continues to be appropriate and in the best interests of the child," after "long term basis)" (P.L. 103-432, effective October 1, 1995).

Sections 470, 471, 472 and 473 of the Act were amended by:

linking title IV-E financial eligibility to the AFDC program as it was in effect in the State on June 1, 1995 (P.L. 104-193, effective July 1, 1997).

NOTE: Citations in this issuance referencing sections 402, 406, and 407 of the Act pertain to those provisions as they were in effect in the State on June 1, 1995.

INSTRUCTIONS: Each State must submit amendments to its title IV-E State plan to reflect the new requirements of sections 471, 472, 473 and 475 of the Act. States must record the applicable State statutory, regulatory, policy references and citation(s) for each Federal requirement.

States may submit their amendments using the attached pages for the title IV-E State plan or States may use a different format, provided the format used includes all of the title IV-E State plan requirements of the Act as noted above.

For States using the preprinted title IV-E State plan revision format:
- Replace the cover page; page 2 of the Table of Contents; pages 4, 7, 8, 9, 10, 11, and 12 of Section 2. Page numbers are not affected by this replacement.
- Insert pages 3 and 4 of Section 4.
For States using their own format:
- include the pertinent Federal requirements; and
- the applicable State statutory, regulatory, policy references and citations for each Federal requirement.

States must provide an assurance in their title IV-E State plan that the State agencies administering the title IV-E program have obtained copies of the relevant sections of the title IV-A State plan as was in effect in the State on June 1, 1995; and submit, as an appendix to their title IV-E State plans, those relevant sections of the title IV-A State plan.

States are to submit the following documents to the appropriate ACF Regional Administrator for approval: 1) the title IV-E State plan amendments; 2) the title IV-A assurance, signed by the designated State agency official; 3) the relevant sections of the title IV-A State plan as an appendix; and 4) the certification, signed by the designated State agency official.

SUBMITTAL DATE: Within 90 days of this issuance date.

INQUIRIES: Please direct all inquiries to the appropriate Regional Administrator.

James A. Harrell
Acting Commissioner
Administration on Children, Youth, and Families

Attachment: STATE PLAN FOR TITLE IV-E OF THE SOCIAL SECURITY ACT