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Administration for Children and Families

HUMAN DEVELOPMENT SERVICES
Administration for Children, Youth and Families

Log No.: ACYF-PI-88-07 Issuance Date:August 29, 1988
Originating Office: Children's Bureau
Key Word: Title IV-E State Plan Revision

PROGRAM INSTRUCTION

TO:   STATE AGENCIES ADMINISTERING OR SUPERVISING THE ADMINISTRATION OF TITLES IV-E AND IV-B OF THE SOCIAL SECURITY ACT

SUBJECT:   Revised Title IV-E State Plans (SUPERSEDES ACYF-PI-81-2, ACYF-PI-82-01, ACYF-PI-83-6, and ACYF-PI-85-1)

LEGAL AND RELATED REFERENCES:   Sections 471, 472, 473, and 475 of the Social Security Act (the Act); 45 CFR Parts 1355 and 1356; ACYF-PI-81-2 dated March 23, 1981; ACYF-PI-82-01, dated January 11, 1982; ACYF-PI-83-6, dated July 29, 1983; ACYF-PI-85-1, dated January 1, 1985; and ACYF-PA-87-03, dated July 23, 1987

BACKGROUND:   The Adoption Assistance and Child Welfare Act of 1980 (P.L. 96-272) was enacted on June 17, 1980. It established the title IV-E foster care and adoption assistance programs and required that, by October 1, 1982, every State operate its federally subsidized foster care and adoption assistance programs under an approved title IV-E State plan.

Prior to October 1, 1982, States submitted their title IV-E State plans using either the preprinted format set forth in ACYF-PI-81-2, dated March 23, 1981, or the State's own format, providing it met the requirements of the Act. Amendments were made to the title IV-E State plans through ACYF-PI-83-6, dated July 29, 1983, and ACYF-PI-85-1, dated January 1, 1985.

Since that time, sections 472, 473 and 475 of the Act have been amended by the Consolidated Omnibus Budget Reconciliation Act of 1985 (P.L. 99-272) and the Tax Reform Act of 1986 (P.L. 99-514). Therefore, a revised title IV-E State plan format has been developed which incorporates changes resulting from amendments to the statute, the regulations published in 1983, and applicable Program Instructions issued since 1981. The revised format requires States to document each of the requirements in section 471 and will result in a more meaningful plan, specific to each State.

INSTRUCTION:   Each State must submit a revised title IV-E State plan to reflect the requirements of sections 471, 472, 473, and 475 of the Act as amended, the regulations for title IV-E and applicable Federal policy issuances.

In completing the revised State plan, States should record applicable State statutory/regulatory/policy references for each Federal requirement and quote appropriate citations for each. The sections on voluntary placements are at State option and are so marked. If Federal financial participation is not claimed for voluntary placements, States may strike through the referenced sections and initial and date the stricken portions of the plan.

A State may submit its revised title IV-E State plan using the attached preprint or it may use a different format, provided such format adequately includes all the requirements of the Act and regulations. If a State chooses to use its own format, it must include all applicable statutory/regulatory/policy references and citations for each requirement.

Revised title IV-E State plans shall be submitted to the appropriate OHDS Regional Administrator for approval.

SUBMITTAL DATE:   Within 60 days of the date of this issuance.

INQUIRIES TO:   OHDS Regional Administrators Regions I - X

         /s/
Dodie Truman Borup
COMMISSIONER

Attachment:   STATE PLAN FOR TITLE IV-E OF THE SOCIAL SECURITY A