Indiana Resolution Letter

November 05, 2003

Cheryl Sullivan, Secretary
Family and Social Services Administration
402 West Washington Street, Room W461
Indianapolis, Indiana 46204

Dear Secretary Sullivan:

We have reviewed the new evidence submitted in the appeal to the Departmental Appeals Board (DAB) and conclude that cases S20 and 40 are not error cases and are eligible for funding under title IV-E foster care. Any penalties or disallowances associated with them are withdrawn. Therefore the disallowances of $1,501 and $31,614, respectively, associated with these two cases, which were claimed as decreasing prior period adjustments on the title IV-E Quarterly Report of Expenditures and Estimates for the Quarter Ended March 31, 2003, may be reclaimed as increasing prior period adjustments on your next title IV-E Quarterly Report of Expenditures and Estimates.

Since Indiana is in substantial compliance with the child and provider eligibility requirements as outlined in 45 Code of Federal Regulations 1356.71 and Section 472 of the Social Security Act, this would appear to resolve your pending appeal before the DAB. We therefore anticipate that Indiana will voluntarily dismiss its hearing request in light of these developments. Also the next title IV-E foster care eligibility review will be a subsequent primary review to be held after a minimum of three years. Finally, the State is not required to have a Program Improvement Plan.

We support your efforts to provide vital services to children in foster care, and we renew our commitment to advance the safety, permanency and well-being of Indiana children and families.

Sincerely,

/s/

Joyce A. Thomas
Regional Administrator

Cc:  John Wood
       Mark Murray
       Jane Bisbee
       James Walsh
       Fred Garzino