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ACF Administration for Children and Families |
U.S. DEPARTMENT OF HEALTH AND
HUMAN SERVICES Administration for Children, Youth and Families |
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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:
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:
Title IV-E:
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:
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