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issuance has been withdrawn in its entirety and should be used only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-85-3 | 2. Issuance Date: 03/14/85 | |
| 3. Originating Office: Children's Bureau | ||
| 4. Key Word: Section 427 Reviews Applicability of 45 CFR1356.21(d) | ||
PROGRAM INSTRUCTION
TO: State Administrators of State Public Welfare Agencies and Indian Tribal Organizations Administering Title IV-B of the Social Security Act.
SUBJECT: Section 427 Reviews--Case Plan Requirements and Applicability of 45 CFR 1356.21(d) to Section 427 Compliance Reviews.
LEGAL AND RELATED REFERENCES: Sections 420, 427, 471 and 475 of the Social Security Act (the Act); 45 CFR 1356.21(d); ACYF-PI-81-07 issued July 1, 1981.
BACKGROUND: Section 427 specifies certain foster care protections and services that States must provide to be eligible for funds in addition to their share of the $141 million available under section 420. 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.
On July 1, 1981, the Administration for Children, Youth and Families (ACYF) issued Program Instruction 81-07. This instruction outlined procedures for States' use in requesting funds authorized under section 427 of the Act and included a form titled "State Certification of Eligibility for Additional Funds Under Section 427 of the Social Security Act".
Among the requirements of section 427 that a State must satisfy to be eligible for additional funds is the requirement for a case plan contained in section 427(a)(2)(B) and defined in section 475.
On June 22, 1983, the final regulation implementing the provisions of title IV-B and title IV-E became effective. 45 CFR 1356.21(d) sets forth the criteria for meeting the case plan requirements contained in section 475(5) of the Act. As section 427(a)(2)(B) incorporates by reference the provisions of section 475(5), 45 CFR 1356.21(d) is applicable in the review of section 427 compliance. 45 CFR 1356.21(d) states that:
In meeting the case plan requirements of sections 471(a)(16), 475(1) and 475(5) of the Act, the State agency must promulgate policy materials and instructions for use by State and local staff to determine the appropriateness and necessity for the foster care placement of the child. The case plan for each child must:
- Be a written document, which is a discrete part of the case
record, in a format determined by the State, which is available to
the parent(s) or guardian of the foster child;
- Be developed within a reasonable period, to be established by
the State, but in no event later than 60 days starting at the time
the State agency assumes responsibility for providing services
including placing the child;
- Include a discussion of how the plan is designed to achieve a
placement in the least restrictive (most family-like) setting
available and in close proximity to the home of the parent(s),
consistent with the best interest and special needs of the child;
and
- After October 1, 1983, include a description of the services
offered and the services provided to prevent removal of the child
from the home and to reunify the family.
ACTION REQUIRED: States and Indian Tribal Organizations currently certified to receive funds under section 427 must provide documentation to Federal reviewers at the time of the section 427 review for Fiscal Year 1985 that their administrative procedures meet the requirements of 45 CFR 1356.21(d) listed above. For those States and Indian Tribal Organizations which are not due for a review in Fiscal Year 1985, the documentation is due at the time of their next 427 review. Documentation of compliance with these requirements can be done either by completing the attached form at the time of the section 427 review or by sending a letter to the Regional Office certifying that the additional requirements have been satisfied. The case record survey portion of section 427 compliance reviews will verify the implementation by the State of its administrative procedures in individual cases.
States and Indian Tribal Organizations certifying for the first time for Fiscal Year 1985 should complete the attached form along with other required documents that will be made available during Fiscal Year 1985.
EFFECTIVE DATE: October 1, 1984
INQUIRES TO: Regional Program Director, ACYF
/s/
Dodie Livingston
COMMISSIONER
Attachment - State Certification of Eligibility for Additional Funds under section 427 of the Social Security Act (revised 8/84)
