As a condition to the receipt of Federal funds under title IV-E of the Social Security Act (hereinafter, the Act), the __________________________________________________________________(Name of State Agency) (hereinafter "the State Agency") submits herewith a State plan for the program to provide, in appropriate cases, foster care and adoption assistance under title IV-E of the Act and hereby agrees to administer the program in accordance with the provisions of this State plan, title IV-E of the Act, and all applicable Federal regulations and other official issuances of the Department.

The official text of said laws, regulations and official issuances governs, and the State Agency acknowledges its responsibility to adhere to them regardless of the fact that, for purposes of simplicity, the specific provisions printed herein are sometimes paraphrases of or excerpts and incomplete quotations from the full text.

The State Agency understands that if and when title IV-E is amended or regulations are revised, a new or amended State plan for title IV-E which conforms with the revisions must be submitted.

SECTION 1:   ORGANIZATION

1. DESIGNATION AND AUTHORITY OF STATE AGENCY

The State Agency has been designated to administer or supervise the administration of the program under this plan. (See attachment A.) It is the agency that administers or supervises the administration of the State Child Welfare Services Plan under title IV-B of the Act.

2. STATE AGENCY STRUCTURE AND FUNCTION

   The State Agency has available upon request an organizational chart of the State Agency and a description of the functions of each of its organizational units as they relate to the administration or supervising the administration of the title IV-E foster care maintenance and adoption assistance payments program.

3. STATEWIDE OPERATIONS

The title IV-E plan for foster care and adoption assistance payments is in effect in all political subdivisions of the State and is mandatory upon those political subdivisions administering it.

4. COORDINATION WITH TITLES IV-A AND IV-B PROGRAMS

The title IV-E program is coordinated at the local level with the programs at the State or local level assisted under titles IV-A, IV-B and XX of the Act and under all appropriate provisions of Federal law.

5. CHILD SUPPORT ENFORCEMENT FOR CERTAIN CHILDREN IN FOSTER CARE

SECTION 2. FOSTER CARE MAINTENANCE PAYMENTS

1. ELIGIBILITY

1. who meets the requirements of 406(a) or 407 of the Act but for his removal from the home of a relative specified in 406(a), if

2. the removal from his home (1) was the result of a judicial determination to the effect that continuation therein would be contrary to the welfare of such child and (effective October 1, 1983) that reasonable efforts have been made prior to the placement of each child in foster care, to prevent or eliminate the need for removal of the child from his home, and to make it possible for the child to return to his home; or (2) occurred pursuant to a voluntary placement agreement entered into by the child's parent or legal guardian.

3. whose placement and care in a foster family home or child care institution (as defined in 472(c) of the Act) is the responsibility of either 472(a)(2)(A)(1) the State Agency administering the approved State title IV-E plan, or 472(a)(2)(B)(2) any other public agency with whom the State Agency administering or supervising the administration of the approved State title IV-E plan has made an agreement which is still in effect, and

4. who (1) received aid under the State plan approved under 402 of the Act in or for the month in which either a voluntary agreement was entered into or court proceedings leading to the removal of the child from the home were initiated, or

2. In any case where the child is an alien disqualified under section 245A(h), 210(f), or 210A(d)(7) of the Immigration and Nationality Act from receiving aid under the State plan approved under section 402 in or for the month in which such agreement was entered into or court proceedings leading to the removal of the child from the home were instituted, such child shall be considered to satisfy the requirements of 472(a)(4) (and the corresponding requirements of 473(a)(1)(B) of the Social Security Act), with respect to that month, if he or she would have satisfied such requirements but for such disqualification.

2. VOLUNTARY PLACEMENTS (State Option)

1. Foster care maintenance payments are made in cases of voluntary placement of a minor child out of the home by or with the participation of the State Agency only if

1. the State has fulfilled all of the requirements of 427(b) of the Act, and

2. the assistance of the State Agency has been requested by the child's parents or legal guardian, and 472(f)(2)
3. there is a written voluntary placement agreement, binding on all parties to the agreement, which specifies at a minimum the legal status of the child and the rights and obligations of the parents or guardians, the child and the State Agency while the child is in placement.

2. Federal reimbursement is claimed only for voluntary foster care maintenance expenditures made within the first 180 days after the date of the original foster care placement unless there has been a judicial determination by a court of competent jurisdiction within the first 180 days of the date of placement to the effect that the continued voluntary placement is in the best interests of the child.

3. The State Agency has established a 45 CFR 1356. uniform procedure or system, consistent 30(c) with State law, for revocation by the parents of a voluntary placement agreement and return of the child.

3. PAYMENTS

1. Foster care maintenance payments for a child in foster care may cover

   1. the cost of (and the cost of providing) food, clothing, shelter, daily supervision, school supplies, a child's personal incidentals, liability insurance with respect to the child, and reasonable travel to the child's home for visitation, and

   2. in the case of institutional care, the reasonable costs of administration and operation of such institution as are necessarily required to provide the items noted in C.l.a.

2. Foster care maintenance payments are made only on behalf of an eligible child who is

1. in the foster family home of an individual, whether the payments are made to such individual or to a public or nonprofit private child placement or child care agency, or

2. in a child care institution, whether the payments are made to such institution or to a public or nonprofit private child placement or child care agency. Such payments are limited to include only those items which are included in the term "foster care maintenance payments" (defined in 475(4) of the Act).

3. Foster care payments are made for care of children in foster family homes, private nonprofit child care institutions, or public child care institutions accommodating no more than 25 children, which are licensed by the State in which they are situated or have been approved by the agency in such State having responsibility for licensing or approving foster family homes or child care institutions.

   Federal reimbursement is not available for children who are in detention facilities, forestry camps, training schools or any other facility operated primarily for the detention of delinquent children.

4. CASE REVIEW SYSTEM

1. Case Plan

   21(d) To meet the case plan requirements of 471(a)(16), 475(1) and 475(5)(A) of the Act, the State Agency has promulgated policy materials and instructions for use by State and local staff to determine the appropriateness of and necessity for the foster care placement of the child. The case plan for each child must

1. be a written document which is a 45 CFR 1356. discrete part of the case record, in a 21(d)(1) format determined by the State, which is available to the parents or guardian of the foster child; and

2. be developed within a reasonable period, hut no later than 60 days from the time the State Agency assumes responsibility for providing services, including placing the child; and

3. 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 parents, consistent with the best interest and special needs of the child; and

4. 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; and

5. include a description of the type of home or institution in which the child is to be placed; and

6. include a discussion of the appropriateness of the placement and how the responsible agency plans to carry out the judicial determination made with respect to the child in accordance with 472(a)(1) of the Act; and

7. include a plan for assuring that the child receives proper care and that services are provided to the parents in order to improve the conditions in the parent(s) home to facilitate the child's return to his own home or the permanent placement of the child; and

8. include a plan for assuring that services are provided to the child and foster parents in order to address the needs of the child while in foster care; and

9. include a discussion of the appropriateness of the services that have been provided to the child under the plan; and

10. where appropriate, for a child 16 or over, include a written description of the programs and services which will help such child prepare for the transition from foster care to independent living; and

11. be designed to achieve placement in the least restrictive (most family-like) setting available and in close proximity to the parents' home consistent with the best interest and special needs of the child.

2. Case Review

1. a review of each child's status will be made no less frequently than once every six months either by a court or by an administrative review to

   1. determine the continuing need for and appropriateness of the placement,

   2. determine the extent of compliance with the case plan,

   3. determine the extent of progress made toward alleviating or mitigating the causes necessitating the placement, and

   4. project a likely date by which the child may be returned home or placed for adoption or legal guardianship.

2. If an administrative review is conducted, the following requirments specified in 475(6) of the Act will be met:

   1. the review will be open to the participation of the parents of the child, and

   2. the review will be conducted by a panel of appropriate persons, at least one of whom is not responsible for the case management of or delivery of services to either the child or the parents who are the subject of the review.

3. A dispositional hearing, as described 21(e) in 475(5)(C), must be held for each child in foster care under the responsibility of the State Agency if a State claims Federal reimbursement for the costs of voluntary foster care maintenance payments. To meet this requirement, the dispositional hearing must take place within 18 months of the date of the original foster care placement and thereafter within reasonable, specific, time-limited periods to be established by the State. The provisions of this paragraph and 475(5)(C) of the Act must apply to all children under the responsibility for placement and care of the title IV-E/IV-B State Agency except:

1. for those children who are placed in a court sanctioned permanent foster family home with a specific caregiver; and

2. for those children who are free for adoption and are placed in adoptive homes pending the finalization of the adoption.

5. MEDICAL AND SOCIAL SERVICES

6. SPECIFIC GOALS IN STATE LAW

1. The State Agency will formulate for each fiscal year, commencing with the fiscal year which begins October 1, 1983, a specific goal as to the maximum number of children (in absolute numbers or as a percentage of all children in foster care receiving assistance under a State title IV-E program) who at any given time during the fiscal year will have been in foster care for over 24 months.

2. The State Agency will describe the steps which will be taken to achieve the specific goal established.

3. The specific goal for the first fiscal (A) year will be established by the State in law on or before October 1, 1982

7. PREVENTIVE AND REUNIFICATION SERVICES

1. ELIGIBILITY

1. Adoption assistance payments may be made to parents who adopt a child with special needs. A child shall not be considered a child with special needs unless

1. the State has determined he cannot or should not be returned to the home of his parents;

2. the State had first determined that a specific factor or condition exists with respect to the child (such as his ethnic background, age, or membership in a minority or sibling group, or the presence of factors such as medical conditions or physical, mental or emotional handicaps) because of which it is reasonable to conclude that such child cannot be placed for adoption without providing adoption assistance; and

3. a reasonable, but unsuccessful, effort has been made to place the child without providing assistance except where it would be against the best interests of the child due to such factors as the existence of significant emotional ties with prospective adoptive parents while in the care of such parents as a foster child.

2. Adoption assistance payments are made to adoptive parents who have entered into an adoption assistance agreement (see sub-section C of this plan) with the State Agency.

3. Adoption assistance payments are made with respect to an adoptive child who

   1. at the time adoption proceedings were initiated

      1. met the requirements of 406(a) or 407 of the Act, or

      2. would have met such requirements except for his removal from the home of a relative (specified in 406(a)) either pursuant to a voluntary placement agreement with respect to which Federal payments are provided under 474 (or 403) of the Act or as a result of a judicial determination to the effect that continuation therein would be contrary to the welfare of the child, and

2. meets all the requirements of title 473(a)(2)(B)(iii) XVI of the Act with respect to eligibility for supplemental security income benefits, and

3. has been determined by the State to be a child with special needs.

2. PAYMENTS - AMOUNTS AND CONDITIONS

1. Payments shall be made for nonrecurring adoption expenses incurred by or on behalf of adoptive parents in connection with the adoption of a child with special needs, directly through the State Agency or through another public or nonprofit private agency, in amounts determined through an agreement with the adoptive parents, and

2. in any case where the child meets the requirements of 473(a)(2) of the Act, the State may make adoption assistance payments to adoptive parents, directly through the State Agency or through another public or nonprofit private agency, in amounts so determined through an adoption assistance agreement (see section 3C of this plan). The amount of such payment

1. shall take into consideration the circumstances of the adopting parents and the needs of the child being adopted;

2. may be adjusted periodically with the concurrence of the adoptive parents to reflect changing circumstances; and

3. may not exceed the foster care maintenance payment which would have been paid during the period if the child with respect to whom the adoption assistance payment is made had been in a foster family home.

3. In determining eligibility for adoption assistance payments, there is no income eligibility requirement (means test) for the adoptive parents.

4. Payments are terminated when the State determines that

1. the child has attained the age of 18 (or, where the State determines that the child has a mental or physical handicap which warrants the continuation of assistance, the age of 21), or

2. the parents are no longer legally responsible for the support of the child, or

3. the child is no longer receiving support from the adoptive parents.

   4. The adoptive parents are required to inform the State Agency of circumstances which would make them ineligible for adoption assistance payments or eligible for adoption assistance payments in a different amount.

3. ADOPTION ASSISTANCE AGREEMENT

1. An adoption assistance agreement is a written agreement, binding on all parties, between the State Agency, other relevant agencies, and the prospective adoptive parents.

2. The adoption assistance agreement meets the requirements of 475(3) of the Act and ACYF-PA-87-03, dated July 23, 1987, and

   1. is signed by the adoptive parents and a representative of the State Agency and in effect before adoption assistance payments are made under title IV-E, but no later than the finalization of the adoption;

   2. specifies the duration of the agreement;

3. specifies the amount of the adoption assistance payments (if any) and the nature and amount of any other payments, services and assistance to be provided (including nonrecurring adoption expenses in agreements that become effective on or after January 1, 1987, for expenditures incurred by the parents on or after that date);

4. specifies the child's eligibility for title XIX and title XX;

5. specifies, with respect to agreements entered into on or after October 1,1983, that the agreement remains in effect regardless of the State of residence of the adoptive parents;

6. contains provisions for the protection of the interests of the child in case the adoptive parents and child should move to another State while the agreement is in effect; and

7. for agreements entered into on or after October 1, 1983, if a needed service specified in the agreement is not available in the new State of residence, the State making the original adoption assistance payment remains financially responsible for providing the specified service(s).

4. MEDICAID AND SOCIAL SERVICES

1. STANDARDS FOR FOSTER FAMILY HOMES AND CHILD CARE INSTITUTIONS

2. REVIEW OF AMOUNT OF PAYMENTS

1. the amount of the payment made for foster care maintenance and adoption assistance to assure their continued appropriateness; and

2. the licensing or approval standards for child care institutions and foster family homes.

3. FAIR HEARINGS

4. INDEPENDENT AUDIT

5. CHILD ABUSE AND NEGLECT

1. PERSONNEL ADMINISTRATION

1. The State Agency and the local agencies administering a title IV-E program have established and will maintain methods of personnel administration in conformity with standards for a Merit System of Personnel Administration, prescribed in 5 CFR 900 by the U.S. Office of Personnel Management pursuant to Sec. 208 of the Intergovernmental Personnel Act of 1970, as amended.

2. The State Agency is implementing an affirmative action plan to assure equal employment opportunity in all aspects of personnel administration as specified in 5 CFR 900. The plan provides for specific action steps and timetables to assure such equal opportunity. The plan is available for review upon request.

2. SAFEGUARDING INFORMATION

1. The State Agency has safeguards restricting use of or disclosure of information concerning individuals assisted under the State plan to purposes directly connected with:

1. the administration of the title IV-E plan or any of the State plans or programs under Parts A, B, C or D of title IV or under titles I, V, X, XIV, XVI (as in effect in Puerto Rico, Guam, and the Virgin Islands), XIX and XX or the supplemental security income program under title XVI, and

2. any investigation, prosecution, or criminal or civil proceeding conducted in connection with the administration of any such plan or program, and

3. the administration of any other Federal or federally assisted program which provides assistance (in cash or in kind) or services directly to individuals on the basis of need, and

4. any audit or similar activity conducted in connection with the administration of any such plan or program by any governmental agency authorized by law to conduct such audit or activity

5. The safeguards provided will prohibit the disclosure to any committee or legislative body (other than an agency referred to in clause 471(a)(8)(D) with respect to an activity referred to in such clause) of any information which identifies by name or address any applicant for or recipient of assistance under title IV-E of the Act.

3. REPORTING

1. The State Agency will make reports in such form and containing such information on the State's title IV-E program as are required by the Secretary of the Department of Health and Human Services (HHS).

2. The State Agency will comply with such provisions as the Secretary may from time to time find necessary to assure the correctness and verification of such reports.

4. MONITORING

5. APPLICABILITY OF DEPARTMENT-WIDE REGULATIONS

The State Agency will comply with all the requirements of applicable regulations, including the regulations listed below:

1. 45 CFR Part 16 - Department Grant Appeals Process

2. 45 CFR Part 30 - Federal Claims Collection

3. 45 CFR Part 74 - Administration of Grants (except for subpart I)

4. 45 CFR Part 95 - General Administration - Grant Programs (Public Assistance and Medical Assistance)

5. Section 95.517 (supersedes section 205.150) - Cost Allocation Plans

6. Section 201.5 - Grants (except that ACYF shall supply appropriate forms and instructions)

7. Section 201.6 - Withholding/Reduction of FFP

8. Section 201.7 - Judicial Review

9. Section 201.15 - Deferral

10. Section 201.66 - Repayment of Federal Funds in Installments

11. Section 204.1 - Submittal of State Plans for Governor's Review

12. Section 205.5 - Plan Amendments

13. Section 205.10 - Hearings

14. Section 205.50 - Safeguarding Information

15. Section 205.100 - Single State Agency

16. Section 205.101 - Organization for Administration

6. AVAILABILITY OF STATE PLANS