IM-01-08

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-IM-01-08	2. Issuance Date: November 06, 2001
	3. Originating Office: Administration for Children and Families
	4. Key Word: Adoption Assistance Eligibility for Children who are Voluntarily Relinquished to Private, Nonprofit Agencies (Amends Policy on Voluntary Relinquishments in ACYF-CB-PA-01-01)

INFORMATION MEMORANDUM

TO:	State Agencies Administering title IV-E of the Social Security Act, Indian Tribes and Indian Tribal Organizations
SUBJECT:	Title IV-E Adoption Assistance for Children who are Voluntarily Relinquished to Private, Nonprofit Agencies (Amends Policy on Children who are Voluntarily Relinquished to a Private, Nonprofit Agency set forth in ACYF-CB-PA-01-01)

LEGAL AND RELATED REFERENCES:

Sections 472(a)(2), 472(c)(2) and 473 of the Social Security Act; and sections 8.2B.10 and 8.2B.13 of the Administration for Children and Families (ACF) Child Welfare Policy Manual. (The policies in these sections of the ACF Child Welfare Policy Manual were set forth in ACYF-CB-PA-01-01 and subsequently incorporated into the policy manual.)

PURPOSE:

The purpose of this Information Memorandum is to announce an amendment to the policy on voluntary relinquishments to private, nonprofit agencies that was set forth in ACYF-CB-PA-01-01. With this amendment, title IV-E adoption assistance is available in certain circumstances for otherwise eligible children who are voluntarily relinquished to a private, nonprofit agency.

INFORMATION:

The policy on voluntarily relinquishments applies the title IV-E adoption assistance eligibility criteria to all children without regard to whether a child is relinquished to a public agency or to a private, nonprofit agency. The attached, revised sections of the ACF Child Welfare Policy Manual convey the amended policy regarding the eligibility of children for title IV-E adoption assistance when they are voluntarily relinquished. Accordingly, Section 8.2B.10 has been revised and no longer restricts the responsibility for placement and care of voluntarily relinquished children to the State agency. Section 8.2B.13 has been revised to allow eligibility in certain circumstances for otherwise eligible children who are voluntarily relinquished to a private, nonprofit agency.

EFFECTIVE DATE:

We previously permitted otherwise eligible children who were voluntarily relinquished to private, nonprofit agencies to be eligible for title IV-E adoption assistance in certain circumstances. That policy should be followed as having been continuously in effect with no break.¹ For any child who was adopted without assistance after February 18, 2000 that the State determines would have been eligible in accordance with the policy as stated in Section 8.2B.13 of the Child Welfare Policy Manual, the State must enter into an adoption assistance agreement with the family. The State must provide assistance in accordance with the agreement retroactive to the date as of which the child would have been eligible and in the adoptive home, consistent with Federal, State and local laws. Federal financial participation is available from that date for eligible children.

INQUIRIES TO: Regional HUB Directors/Regional Administrators, Regions I-X

/s/
Wade F. Horn, Ph.D.
Assistant Secretary
for Children and Families

Attachments

8.2B.13 TITLE IV-E, Adoption Assistance Program, Eligibility, Voluntary relinquishments
8.2B.10 TITLE IV-E, Adoption Assistance Program, Eligibility, Responsibility for placement and care

¹ This policy was allowed in ACYF-PIQ-87-05 and remained in effect until the issuance of ACYF-CB-IM-00-02 which withdrew that policy issuance. The new policy was discussed in ACYF-CB-PA-01-01, dated January 23, 2001.