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CASE | DECISION | JUDGE | FOOTNOTES

Department of Health and Human Services
DEPARTMENTAL APPEALS BOARD
Appellate Division
IN THE CASE OF  


SUBJECT: New York State Office of Children and Family Services

DATE: March 12, 2001

           

 

 

Docket No. A-01-36
Decision No. 1770
DECISION
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DECISION

The New York State Office of Children and Family Services (New York) appealed a determination by the Administration for Children and Families (ACF) disallowing $571,938 in federal financial participation (FFP) claimed under title IV-E of the Social Security Act (Act) for foster care maintenance payments made during the period of April 1 through August 31, 2000, for services provided between June 1999 and June 2000.(1) ACF disallowed the payments because they were made on behalf of children placed with foster parents on whom New York had not completed criminal record background checks (CRBCs) as required by applicable provisions of title IV-E, as well as by New York's IV-E state plan.

In its notice of appeal, New York noted that the Board upheld disallowances on the same basis for prior periods, in New York State Office of Children and Family Services, DAB No. 1757 (2000). On February 28, 2001, New York notified the Board that it consents to the issuance of a summary decision in this appeal, based on the Board's decision in DAB No. 1757. ACF did not object to the issuance of a summary decision.

In DAB No. 1757, the Board concluded that New York was not entitled to FFP in foster care and adoption assistance payments made on behalf of children in foster and adoptive homes prior to the time that New York successfully completed CRBCs on the foster and adoptive parents with whom those children were placed, and sustained the disallowances in full.

Conclusion

Accordingly, based on the analysis in DAB No. 1757, which we incorporate by reference in its entirety, we sustain the disallowance.

 

JUDGE
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Cecilia Sparks Ford

M. Terry Johnson

Donald F. Garrett
Presiding Board Member

FOOTNOTES
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1. ACF's determination also disallowed $10,494 in foster care and adoption assistance payments on the grounds that New York submitted its claims for FFP beyond the applicable deadline. New York did not appeal this portion of the disallowance.

CASE | DECISION | JUDGE | FOOTNOTES