PLEASE NOTE: This policy issuance has been withdrawn in its entirety and should be used only for historical or reference purposes.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-83-2 | 2. Issuance Date: April 8, 1983 | ||
| 3. Originating Office: Children's Bureau | |||
| 4. Key Word: 427, SSA P.L.96-272 | |||
TO: State Agencies Administering or Supervising Administration of Titles IV-E and IV-B of the Social Security Act.
SUBJECT: Deadline for FY 1983 Certification of Eligibility Under Section 427 of the Social Security Act for States Not Previously Certifying Eligibility
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.
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 and to be eligible for the additional funds for FY 1983, 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, listed as a requirement under section 427(a)(2)(Bl 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, 1983. -2- The service program to help children return to their families or to be placed for adoption or legal guardianship, section 427(a)(2)(C), must be available throughout the State and arrangements in place to assure appropriate delivery of services to children and families in need of them.
In order 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). These requirements include the section 427(a) requirements described above and section 427(b)(3), implementation of a preplacement preventive service program designed to help children remain with their families. This program must be available throughout the State and arrangements must be in place to assure appropriate delivery to children and their families in need of the services.
To be eligible for FY 1983 funds, States must have implemented and be operating the required protections and services by.September 30, 1983.
ACTION REQUIRED: States not previously certifying eligibility for funds under section 427, which have implemented and are operating the protections or will have implemented them and have them operating in FY 1983, should submit the following forms:
- "State Certification of Eligibility for Additional Funds under Section 427 of the Social Security Act", 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 -3- Children, Youth and Families. An Additional copy should be sent directly to:
- Frank Ferro
- Associate Chief
- Children's Bureau
- P.0. Box 1182
- Washington, D.C. 200013
The forms must be received by the Regional Program Director no later than August 15, 1983 or sent by certified mail dated no later than August 12, 1983 for funds to be available during fiscal year 1983. Any State whose certification is not received by the Regional Program Director by August 15, 1983, or sent by certified mail by August 12, 1983 will not be eligible for funds available over $141M for FY 1983. The funds not being allotted to these States will be reallotted in accordance with 45 CFR 1357.30(g) among States that have 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 that will be available through reallotment, States should estimate the maximum amount of funds they would be able to use. For both types of funds, the joint planning requirements of title IV-B (section 422) apply. This requirement could have been met during development of the Long Range Strategy of 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 can expect can eligibility verification review in FY 1984.
EFFECTIVE DATE: Effective upon issuance.
| INQUIRIES TO: | Regional Program Director for Children, Youth and Families |
| Clarence E. Hodges | |
| Commissioner |
Attachment A- State Certification of Eligibility for Additional Funds Under Section 427 of the Social Security Act
