PLEASE NOTE: This policy issuance has been withdrawn in its entirety and should be used only for historical or reference purposes.
| ACF Administration for Children and Families |
U.S. DEPARTMENT OF HEALTH AND HUMAN
SERVICES |
||
| 1. Log No.: ACYF-PI-84-4 | 2. Issuance Date: June 1, 1984 | ||
| 3. Originating Office: Children's Bureau | |||
| 4. Key Word: Sec. 427; SSA | |||
PROGRAM INSTRUCTION
TO: State agencies Administering or Supervising Administration of Titles IV-E and IV-B of the Social Security Act.
SUBJECT: Deadline for Fiscal Year 1984 Certification of Eligibility Under Section 427 of the Social Security Act for States Not Previously Certifying Their Eligibility or Which Have Withdrawn Their Initial Year Certifications for Fiscal Year 1983.
LEGAL AND RELATED REFERENCES: Sections 421, 422, 423, 427 and 475 of the Social Security Act and sections 472 and 408 of the Act as amended by sections 102(a), (b) and (c) of Public Law 96-272; 45 CFR 1357.15 and 1357.25
BACKGROUND: Section 427 specifies certain foster care protections and services that States must provide to be eligible for additional funds over their share of $141 million. Compliance with the law requires actual delivery of the services and protections to eligible children and their families within the time requirements specified in the statute.
To meet the requirements of section 427 in an initial review and to be eligible for additional funds for fiscal year 1984, the inventory required in section 427(a)(1) must be completed and the statewide information system described in section 427(a)(2)(A) must be in operation. The case review system as required under section 427(a)(2)(B) and defined in section 475(5) must be implemented and operating to the extent that all children under the care of the State for six months or more receive timely reviews by September 30, 1984. The service program to help children return to their families or to be placed for adoption, section 427(a)(2)(C), must be available throughout the State and arrangements in place to assure appropriate delivery to children and families in need of them.
To be eligible for Federal financial participation under title IV-E for placements pursuant to voluntary placement agreements, States must meet the requirements of section 427(b)(3). The requirements include those of section 427(a) and implementation of a preplacement preventive services program designed to help children remain with their families. The program must be available throughout the State and arrangements must be in place to assure appropriate delivery to children and their families.
To be eligible for fiscal year 1984 funds, States initially certifying eligibility in fiscal year 1984 must have implemented and be operating the required protections and services by September 30, 1984.
ACTION REQUIRED: States which have not previously certified eligibility for funds under section 427 or have withdrawn certifications for Initial Eligibility for fiscal year 1983 and which will have implemented the protections and have them operating in fiscal year 1984, should submit the following forms:
- The "State Certification of Eligibility for Additional Funds under section 427 of the Social Security Act" (attached), in which the State certifies that it is meeting the requirements of section 427(a) or section 427(b); and
- A revised Annual Budget Request (CWS-101). The original forms
and one copy should be submitted to the Regional Program Director
for Children, Youth and Families. An additional copy should be sent
directly to:
- Mr. Keith Moon
- Associate Commissioner
- P.O. Box 1182
- Washington, D.C. 20013
The forms must be received by the Regional Program Director no later than August 15, 1984 or sent by certified mail dated no later than August 11, 1984. States for which certifications are not received by the Regional Program Director by August 15, 1984, or sent by certified mail by August 11, 1984 will not be eligible for funds available over $141M for fiscal year 1984. Funds not allotted to these States will be reallotted, in accordance with 45 CFR 1357.30(g), among States with previously established eligibility or whose certification is received on time.
States meeting the requirements and able to expend funds beyond their share of the full appropriation should submit a completed CWS-101 requesting additional funds. Since it is impossible to estimate the amount of funds to be available through reallotment, States should estimate the maximum amount of funds they would use. The joint planning requirements of title IV-B apply to both classes of funds (45 CFR 1357.15). This requirement may have been met during development of the Long Range Strategy in the Child Welfare Services Plan or can be met through a jointly developed addendum to the Long Range Strategy. States certifying eligibility under section 427 will have a post certification eligibility review in fiscal year 1985.
EFFECTIVE DATE: Effective upon issuance.
| INQUIRIES TO: | Program Director for Children, Youth and Families |
| Lucy C. Biggs | |
| Acting Commissioner | |
| Administration for Children, Youth and Families |
Attachment A- State Certification of State Certification of Eligibility for Additional Funds Under Section 427 of the Social Security Act
