|
Federal Regulatory/ Statutory
References
|
Requirement
|
State Regulatory, Statutory, and
Policy References and Citations for Each
|
|
|
SECTION
2. FOSTER CARE MAINTENANCE PAYMENTS
|
|
|
471(a)(1)
|
A. ELIGIBILITY
(Tribes,
also see section 7 of this pre-print)
1.
Payments are provided for each child:
|
|
|
472(a)(1)&(2)
|
a.
who meets the requirements of section 406(a) of the Act (as in effect
7/16/96) is removed from the home of a relative specified in section 406(a),
and is placed in foster care if:
- the removal and foster care placement met and
continues to meet the requirements of paragraph (2) in section 472(a) of
the Act; and
- the child, while in the home,
would have met the Aid to Families with Dependent Children (AFDC)
program eligibility requirement of paragraph (3) in section 472(a) of
the Act;
|
|
|
472(a)(2)(A)
1356.21(c)
|
b.
whose removal and foster care placement are in accordance with:
- a voluntary placement agreement entered into by
the child's parent or legal guardian, who is the relative referred to in
paragraph (1) of section 472(a) of the Act; or
- a judicial determination to
the effect that continuation of residence in the home from which removed
would be contrary to the welfare, or that the placement would be in the
best interest, of the child and that reasonable efforts of the type
described in section 471(a)(15) for a child were made. The contrary to
the welfare determination will be made in the first court ruling that
sanctions (even temporarily) the removal of a child from home. If the
determination regarding contrary to the welfare is not made in the first
court ruling pertaining to removal from the home, the child will not be
eligible for title IV-E foster care maintenance payments for the
duration of that stay in foster care;
|
|
|
472(a)(2)(B)&(C)
472(a)(2)(B)(i)
472(a)(2)(B)(ii)
|
c.
whose placement and care in a foster family home or child care institution
(as defined in section 472(c) of the Act) is the responsibility of either:
- the State agency administering the approved
title IV-E plan;
- any other public agency with
whom the State agency administering or supervising the administration of
the approved title IV-E plan has made an agreement which is still in
effect; or
- a Tribe that has a plan
approved under section 471 in accordance with 479B; and
|
|
|
472(a)(3)(A)(i)
472(a)(3)(A)(ii)(I)
472(a)(3)(A)(ii)(II)
472(a)(3)(B)
|
d.
who:
- Either:
A.
received AFDC, in the home referred to in section 472(a)(1), under the
State plan approved under section 402 of the Act (as in effect 7/16/96) in or
for the month in which either a voluntary placement agreement was entered
into or court proceedings leading to the judicial determination, referred to
in section 472(a)(2)(A) of the Act, were initiated;
B.
would have received AFDC, in the home, in or for such month referred
to in the above clause if application for such aid had been made; or
C.
had been living with a relative specified in section 406(a) of the Act
(as in effect 7/16/96) within six months prior to the month in which a
voluntary placement agreement was entered into or court proceedings leading
to the judicial determination, referred to in section 472(a)(2)(A) of the
Act, were initiated, and would have received AFDC in or for such month if the
child had been living in the home with such relative and an application had
been made for AFDC under title IV-A of the Act; and
- had resources (determined
under section 402(a)(7)(B) of the Act as in effect 7/16/96) that had a
combined value of not more than $10,000.
(Tribes,
see section 7 for related requirements in section 479B(c)(1)(C)(ii)(II).)
|
|
|
1356.21(k)
|
2.
Removal.
a. For the purposes of meeting the requirements of section
472(a)(2)(A)(1) of the Act, a removal from the home must occur pursuant to:
- a voluntary placement
agreement entered into by a parent or relative which leads to a physical
or constructive removal (i.e., a non-physical or paper removal of
custody) of the child from the home; or
- a judicial order for a
physical or constructive removal of the child from a parent or specified
relative.
|
|
|
1356.21(k)
|
b. A removal has not occurred in situations where legal
custody is removed from the parent or relative and the child remains with the
same relative in that home under supervision by the State/Tribal agency.
|
|
|
1356.21(k)
|
c. A child is considered constructively removed on the date of
the first judicial order removing custody, even temporarily, from the
appropriate specified relative or the date that the voluntary placement
agreement is signed by all relevant parties.
|
|
|
1356.21(l)
|
3.
Living with a specified relative. For purposes of meeting the
requirements for living with a specified relative prior to removal from the
home under section 472(a)(2)(A) of the Act and all of the conditions under
section 472(a)(3)(A), one of the two following situations will apply:
|
|
|
1356.21(l)
|
a. the child was living with the parent or specified relative,
and was AFDC eligible in that home in the month of the voluntary placement
agreement or initiation of court proceedings; or
|
|
|
1356.21(l)
|
b. the child had been living with the parent or specified
relative within six months of the month of the voluntary placement agreement
or the initiation of court proceedings, and the child would have been AFDC
eligible in that month if s/he had still been living in that home.
|
|
|
472(f)
|
B. VOLUNTARY PLACEMENTS (Option)
1. Foster care maintenance payments are made in the voluntary
placement of a minor child out of the home by or with the participation of the
State/Tribal agency only if:
|
|
|
1356.22(a)
472(d)
|
a. the State/Tribe has fulfilled all of the requirements of
section 472 of the Act; sections 422(b)(8) and 475(5) of the Act; and 45 CFR
1356.21(e),(f),(g),(h) and (i) of the Act; and
|
|
|
472(f)(1)
|
b. the assistance of the State/Tribal agency has been
requested by the child's parent(s) or legal guardian(s); and
|
|
|
472(f)(2)
|
c. 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/Tribal agency while the child is in
placement.
|
|
|
1356.22(b)
472(e)
|
2.
Federal financial participation is claimed only for voluntary foster
care maintenance expenditures made within the first 180 days of the child's
placement in foster care unless there has been a judicial determination by a
court of competent jurisdiction, within the first 180 days of the date of
such placement, to the effect that the continued voluntary placement is in
the best interests of the child.
|
|
|
1356.22(c)
472(g)(1)&(2)
|
3.
The State/Tribal agency has established a uniform procedure or system,
consistent with State/Tribal law, for revocation by the parent(s) of a
voluntary placement agreement and return of the child.
|
|
|
1355.20(a)
475(4)(A)
|
C. PAYMENTS
1.
Foster care maintenance payments for a child in foster care may cover
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 with family, or other caretakers and reasonable travel
for the child to remain in the school in which the child is enrolled at the
time of placement. Local travel associated with providing the items listed
above is also an allowable expense. In the case of child care institutions,
such term must include the reasonable costs of administration and operation
of such institutions as are necessarily required to provide the items
described in the preceding sentences.
|
|
|
472(b)(1)&(2)
|
2.
Foster care maintenance payments are made only on behalf of an
eligible child who is:
a.
in the foster family home of an individual, whether the payments are
made to such individual or to a public or private child placement or child
care agency; or
b.
in a child care institution, whether the payments are made to such
institution or to a public or private child placement or child-care agency.
Such payments are limited to include only those items that are included in
the term "foster care maintenance payments" (defined in section
475(4) of the Act).
|
|
|
472(i)(1)
|
3.
Administrative costs associated with an otherwise eligible child who
is in an unallowable facility or an unapproved or unlicensed relative home,
and who is removed in accordance with section 472(a) from the home of a
relative specified in section 406(a)(as in effect on July 16, 1996), shall be
considered only for expenditures:
|
|
|
472(i)(1)(A)
|
a. for a period of not more than the lesser of 12 months or
the average length of time it takes to license or approve a home as a foster
home, in which the child is in the home of a relative and an application is
pending for licensing or approval of the home as a foster family home; or
|
|
|
472(i)(1)(B)
|
b. for a period of not more than 1 calendar month when a child
moves from a facility not eligible for payments under this part into a foster
family home or child care institution licensed or approved by the State or
Tribe.
|
|
|
472(i)(2)
|
4.
Administrative costs associated with a child who is potentially
eligible for benefits under the approved title IV-E plan and at imminent risk
of removal from the home, shall be considered for expenditures only if:
|
|
|
472(i)(2)(A)
|
a. reasonable efforts are being made in accordance with
section 471(a)(15) to prevent the need for, or if necessary to pursue,
removal of the child from the home; and
|
|
|
472(i)(2)(B)
|
b. the State/Tribal agency has made, not less often than every
6 months, a determination (or redetermination) as to whether the child
remains at imminent risk of removal from the home.
|
|
|
1356.21(j)
475(4)(B)
|
5.
Child of a minor parent in foster care. Foster care maintenance
payments made on behalf of a child placed in a foster family home or child
care institution, who is the parent of a son or daughter in the same home or
institution, must include amounts which are necessary to cover costs incurred
on behalf of the child's son or daughter. Said costs must be limited to funds
expended on those items described in the definition of foster care
maintenance payments.
|
|
|
1356.21(g)
|
D. CASE REVIEW SYSTEM
1. Case Plan
To
meet the case plan requirements of sections 471(a)(16), 475(1) and 475(5)(A)
and (D) of the Act, the State/Tribal agency has promulgated policy materials
and instructions for use by State/Tribe and local staff to determine the
appropriateness of and necessity for the foster care placement of the child.
The case plan for each child:
|
|
|
1356.21(g)(1)
|
a. is a written document which is a discrete part of the case
record, in a format determined by the State/Tribe, which is developed jointly
with the parent(s) or guardian(s) of the child in foster care;
|
|
|
1356.21(g)(2)
|
b. is developed within a reasonable period, to be established
by the State/Tribe, but in no event later than 60 days from the child's
removal from the home;
|
|
|
1356.21(g)(4)
|
c. includes a description of the services offered and provided
to prevent removal of the child from the home and to reunify the family;
|
|
|
475(1)(A)
|
d. includes a description of the type of home or institution
in which the child is placed;
|
|
|
475(1)(A)
|
e. includes a discussion of the safety and 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 section
472(a)(2)(A) of the Act;
|
|
|
475(1)(B)
|
f. includes a plan for assuring that the child receives safe
and proper care, and services are provided to the parent(s), child and foster
parents in order to improve the conditions in the parent's parents' home to
facilitate the child's return to his/her own safe home or the permanent
placement of the child;
|
|
|
475(1)(B)
|
g. includes 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;
|
|
|
475(1)(B)
|
h. includes a discussion of the appropriateness of the
services that have been provided to the child under the plan;
|
|
|
475(1)(D)
|
i. where appropriate for a child 16 or over, includes a written
description of the programs and services which will help such child prepare
for the transition from foster care to independent living;
|
|
|
475(5)(H)
|
j. during the 90-day
period immediately prior to the date on which the child will attain 18 years
of age, whether during that period foster care maintenance payments are being
made on the child's behalf or the child is receiving benefits or services
under section 477, a caseworker on the staff of the State/Tribal agency, and,
as appropriate, other representatives of the child provide the child with
assistance and support in developing a transition plan that is personalized
at the direction of the child, includes specific options on housing, health
insurance, education, local opportunities for mentors and continuing support
services, and work force supports and employment services, and is as detailed
as the child may elect;
|
|
|
1356.21(g)(5)
475(1)(E)
|
k. documents the steps to finalize a placement when the case plan
goal is or becomes adoption or placement in another permanent home in
accordance with sections 475(1)(E) and (5)(E) of the Act. When the case plan
goal is adoption, at a minimum such documentation shall include
child-specific recruitment efforts such as the use of Tribal, State,
regional, and national adoption exchanges including electronic exchange
systems to facilitate orderly and timely in-State and interstate placements;
|
|
|
475(1)(F)
|
L.
For a child with respect to whom the permanency plan is placement with a
relative and receipt of kinship guardian assistance payments, the
State/Tribal agency shall include in the case plan a description of:
i.
the steps that the agency has taken to determine that it is not
appropriate for the child to be returned home or adopted;
ii.
the reasons for any separation of siblings during placement;
iii.
the reasons why a permanent placement with a fit and willing relative
through a kinship guardianship assistance arrangement is in the child's best
interests;
iv.
the ways in which the child meets the eligibility requirements for a
kinship guardianship assistance payment;
v.
the efforts the State/Tribal agency has made to discuss adoption by
the child's relative foster parent as a more permanent alternative to legal
guardianship and, in the case of a relative foster parent who has chosen not
to pursue adoption, documentation of the reasons; and
vi. the efforts made by the State/Tribal agency
to discuss with the child's parent or parents the kinship guardianship
assistance arrangement, or the reasons why the efforts were not made.
(See also Section 6 Guardianship Assistance Program Case Plan
Requirements.)
|
|
|
1356.21(g)(3)
475(5)(A)
|
l. includes a discussion of how the case plan is designed to
achieve a safe placement for the child in the least restrictive (most
family-like) setting available and in close proximity to the home of the
parent(s) when the case plan goal is reunification and a discussion of how
the placement is consistent with the best interests and special needs of the
child;
|
|
|
475(5)(A)(i)
|
m. if the child has been placed in a foster family home or
child-care institution a substantial distance from the home of the parent(s),
or in a different State, sets forth the reasons why such a placement is in
the best interests of the child;
|
|
|
475(5)(A)(ii)
|
n. if the child has been placed in foster care in a State or service
area outside the State in which the child's parent(s) are located, assures
that an agency caseworker on the staff of the State or Tribal agency of the
State or service area in which the home of the parents of the child is
located, of the State or service area in which the child has been placed, or
of a private agency under contract with either such State or Tribe, visits
the child in such foster home or institution no less frequently than every 6
months and submits a report on the visit to the State or Tribal agency of the
State or service area where the home of the child's parent(s) is located;
|
|
|
475(1)(G)
|
o. a plan for ensuring the educational stability of the child
while in foster care, including--
i. assurances that
the placement of the child in foster care takes into account the
appropriateness of the current educational setting and the proximity to the
school in which the child is enrolled at the time of placement; and
ii. an assurance
that the State/Tribal agency has coordinated with appropriate local
educational agencies (as defined under section 9101 of the Elementary and
Secondary Education Act of 1965) to ensure that the child remains in the
school in which the child is enrolled at the time of placement; or
iii. if remaining in
such school is not in the best interests of the child, assurances by the
State/Tribal agency and the local educational agencies to provide immediate
and appropriate enrollment in a new school, with all of the educational
records of the child provided to the school; and
|
|
|
475(1)(C)
|
p. incorporates the health and education records of the child
including the most recent information available regarding:
- the names and addresses of
the child's health and educational providers;
- the child's grade level
performance;
- the child's school record;
- a record of the child's
immunizations;
- the child's known medical
problems;
- the child's medications; and
- any other relevant health and
education information concerning the child determined to be appropriate
by the State/Tribal agency.
|
|
|
1356.21(f)
|
2.
Case Review
The State/Tribal agency has a case review system which meets the requirements
of sections 475(5) and 475(6) of the Act and assures that:
|
|
|
475(5)(B)
|
a. a review of each child's status is made no less frequently
than once every six months either by a court or by an administrative review
to:
- determine the safety of the
child, the continuing need for and appropriateness of the placement;
- determine the extent of
compliance with the case plan;
- determine the extent of
progress made toward alleviating or mitigating the causes necessitating
the placement; and
- project a likely date by
which the child may be returned and safely maintained at home or placed
for adoption or legal guardianship; and
|
|
|
475(6)
|
b. if an administrative review is conducted, the following
requirements will be met:
- the review will be open to
the participation of the parents of the child; and
- 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.
|
|
|
1356.21(h)
475(5)(C)
|
3.
Permanency Hearing
a.
To meet the requirements of the permanency hearing, the State/Tribe
holds permanency hearings for all children under the responsibility for
placement and care of the title IV-E/IV-B agency, including children for whom
the State/Tribe claims Federal reimbursement for the costs of voluntary
foster care maintenance payments.
|
|
|
1356.21(h)
475(5)(C)
|
b. The permanency
hearing takes place within 12 months of the date the child is considered to
have entered foster care (as defined within the meaning of 475(5)(F)) and not
less frequently than every 12 months thereafter during the continuation of
foster care.
|
|
|
1356.21(h)(2)
471(a)(15)(E)(i)
|
c. When a court determines
that reasonable efforts to return the child home are not required, a
permanency hearing is held within 30 days of that determination, unless the
requirements of the permanency hearing are fulfilled at the hearing in which
the court determines that reasonable efforts to reunify the child and family
are not required.
|
|
|
1356.21(b)(3)
475(5)(C)
471(a)(15)(E)(i)
|
d. For the purposes of
this requirement, a permanency hearing shall determine:
- the permanency plan for the
child that includes whether, and if applicable when, the child will be
returned to the parent, or placed for adoption and the State/Tribe will
file a petition for termination of parental rights, or referred to legal
guardianship, or (in cases where the State/Tribal agency has documented
to the court a compelling reason for determining that it would not be in
the best interest of the child to return home, be referred for
termination of parental rights, or be placed for adoption, with a fit
and willing relative, or with a legal guardian) placed in another
planned permanent living arrangement;
- in the case of a child who
will not be returned to the parent, the hearing shall consider in-State
and out-of-State placement options;
- in the case of a child placed
out of the State in which the home of the parent(s) of the child is
located, the hearing shall determine whether the out-of-State placement
continues to be appropriate and in the best interests of the child;
- in the case of a child who
has attained age 16, the services needed to assist the child to make the
transition from foster care to independent living; and
- in any permanency hearing
held with respect to the child, including any hearing regarding the
transition of the child from foster care to independent living,
procedural safeguards shall be applied to assure the court or
administrative body conducting the hearing consults, in an
age-appropriate manner, with the child regarding the proposed permanency
or transition plan for the child.
|
|
|
475(5)(C)
|
e. Procedural safeguards are also to be applied with respect
to parental rights pertaining to the removal of the child from the home of
his/her parents, to a change in the child's placement, and to any
determination affecting visitation privileges of parents.
|
|
|
1356.21(h)(3)
|
f. If the State/Tribe concludes, after considering
reunification, adoption, legal guardianship, or permanent placement with a
fit and willing relative, that the most appropriate permanency plan for a child
is placement in another planned permanent living arrangement, the State/Tribe
will document to the court the compelling reason for the alternate plan.
|
|
|
1356.21(h)(4)
|
g. When an administrative body, appointed or approved by the
court, conducts the permanency hearing, the procedural safeguards set forth
in the definition of permanency hearing will be extended by the
administrative body.
|
|
|
475(5)(D)
|
4.
Health and Education Records
a.
A child's health and education records are reviewed and updated, and a
copy of the record is supplied to the foster parent or foster care provider
with whom the child is placed, at the time of each placement of the child in
foster care.
b.
The child's health and education records are supplied to the child at
no cost at the time the child leaves foster care if the child is leaving
foster care by reason of having attained the age of majority under
State/Tribe law.
|
|
|
1356.21(o)
475(5)(G)
|
5.
Notice
The State/Tribe provides the foster parent(s) of a child and any pre-adoptive
parent or relative providing care for the child with timely notice of and a
right to be heard in any proceeding to be held with respect to the child
during the time the child is in the care of such foster parent, pre-adoptive
parent, or relative caregiver. Notice of and a right to be heard does not
require the State/Tribe to make the caregiver a party to the proceeding.
|
|
|
472(h)(1)
473(b)(1) & (b)(2)
|
E. MEDICAL AND SOCIAL SERVICES
1. For purposes of titles XIX and XX, any
child with respect to whom foster care maintenance payments are made under
this section will be deemed a dependent child as defined in section 406 of
the Act (as so in effect 7/16/1996) and shall be deemed to be a recipient of
aid to families with dependent children under Part A of this title (as so in
effect 7/16/1996). Title XIX and XX services will be available to such child
in the State in which the child resides.
2. For the purposes of titles XIX and XX, any
eligible child for whom there is a kinship guardianship assistance payment
being made under section 473(d) is deemed to be a dependent child as defined
in 406 of the Act and is deemed to be a recipient of AFDC under part A of
title IV of the Act (as in effect 7/16/96) in the State in which such child
resides.
|
|
|
471(a)(14)
|
F. SPECIFIC GOALS IN STATE/TRIBAL
LAW
1.
The State/Tribal agency formulates for each fiscal year, 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. The specific foster care goals
required under section 471(a)(14) of the Act are incorporated into State or Tribal law by statute or administrative
regulation with the force of law.
2.
The State/Tribal agency will describe the steps that will be taken to
achieve the specific goal established.
|
|
|
1356.21(b)
471(a)(15)(A)&(B)
|
G. PREVENTIVE AND REUNIFICATION
SERVICES
1.
Reasonable efforts. The State/Tribe makes reasonable efforts to
maintain the family unit and prevent the unnecessary removal of a child from
his/her home, as long as the child's safety is assured; to effect the safe
reunification of the child and family (if temporary out-of-home placement is
necessary to ensure the immediate safety of the child); and to make and
finalize alternate permanency plans in a timely manner when reunification is
not appropriate or possible. In determining reasonable efforts to be made
with respect to a child and in making such reasonable efforts, the child's
health and safety is the State's and Tribe’s paramount concern.
|
|
|
471(a)(15)(C)
|
2.
If continuation of reasonable efforts as described in section
471(a)(15)(B) of the Act is determined to be inconsistent with the permanency
plan for the child, reasonable efforts are made to place the child in a
timely manner in accordance with the permanency plan including, if
appropriate, through an interstate placement, and to complete whatever steps
are necessary to finalize the permanent placement of the child.
|
|
|
1356.21(b)(1)(i)&(ii)
|
3.
Judicial determination of reasonable efforts to prevent a child's
removal from the home.
a.
When a child is removed from his/her home, the judicial determination,
as to whether reasonable efforts were made or were not required to prevent
the removal, is made no later than 60 days from the date the child is removed
from the home.
b.
If the determination concerning reasonable efforts to prevent the
removal is not made as specified above, the child is not eligible under the
title IV-E foster care maintenance payments program for the duration of that
stay in foster care.
(Tribes, see also section 7 for
use of nunc pro tunc orders.)
|
|
|
1356.21(b)(2)(i)
|
4.
Judicial determination of reasonable efforts to finalize a permanency
plan.
a.
The State/Tribal agency obtains a judicial determination that it has
made reasonable efforts to finalize the permanency plan that is in effect
(whether the plan is reunification, adoption, legal guardianship, placement
with a fit and willing relative, or placement in another planned permanent
living arrangement) within 12 months of the date the child is considered to
have entered foster care in accordance with the definition at section 1355.20
of the regulations, and at least once every 12 months thereafter while the
child is in foster care.
(Tribes, see also section 7 for
use of nunc pro tunc orders.)
|
|
|
1356.21(b)(2)(ii)
|
b. If such a judicial
determination regarding reasonable efforts to finalize a permanency plan is not
made, the child becomes ineligible under title IV-E from the end of the 12th
month following the date the child is considered to have entered foster care
or the end of the 12th month following the month in which the most recent
judicial determination of reasonable efforts to finalize a permanency plan
was made, and remains ineligible until such a judicial determination is made.
(Tribes, see also section 7 for use of nunc pro tunc orders.)
|
|
|
1356.21(b)(3)
471(a)(15)(D)
|
5.
Reasonable efforts are not required to prevent a child's removal from
home or to reunify the child and family if the State/Tribal agency obtains a
judicial determination that such efforts are not required because:
|
|
|
1356.21(b)(3)(i)
471(a)(15)(D)
|
a. a court of competent
jurisdiction has determined that the parent has subjected the child to
aggravated circumstances (as defined in State/Tribal law, which definition
may include but need not be limited to abandonment, torture, chronic abuse,
and sexual abuse);
|
|
|
1356.21(b)(3)(ii)
471(a)(15)(D)
|
b. a court of competent
jurisdiction has determined that the parent has been convicted of:
- murder (which would have been
an offense under section 1111(a) of title 18, United States Code, if the
offense had occurred in the special maritime or territorial jurisdiction
of the United States) of another child of the parent;
- voluntary manslaughter (which
would have been an offense under section 1112(a) of title 18, United
States Code, if the offense had occurred in the special maritime or
territorial jurisdiction of the United States) of another child of the
parent;
- aiding or abetting,
attempting, conspiring, or soliciting to commit such a murder or such a
voluntary manslaughter; or
- a felony assault that results
in serious bodily injury to the child or another child of the parent; or
|
|
|
1356.21(b)(3)(iii)
471(a)(15)(D)
|
c. the parental rights of the parent with respect to a sibling
have been terminated involuntarily.
|
|
|
1356.21(b)(4)
471(a)(15)(F)
|
6.
Concurrent planning.
a.
Reasonable efforts to finalize an alternate permanency plan may be
made concurrently with reasonable efforts to reunify the child and family.
b.
Reasonable efforts to place a child for adoption or with a legal
guardian, including identifying appropriate in-State and out-of-State
placements, may be made concurrently with reasonable efforts to reunify the
child and family.
|
|
|
1356.21(b)(5)
|
7.
Use of the Federal Parent Locator Service.
The State/Tribal agency may seek the services of the Federal Parent Locator
Service to search for absent parents at any point in order to facilitate a
permanency plan.
|
|
|
1356.21(i)(1)
475(5)(E)
|
H. TERMINATION OF PARENTAL RIGHTS
1.
The State/Tribe will file a petition (or, if such a petition has been
filed by another party, seek to be joined as a party to the petition) to
terminate the parental rights of a parent(s):
|
|
|
1356.21(i)(1)(i)
|
a. whose child has been
in foster care under the responsibility of the State or Tribe for 15 of the
most recent 22 months. The petition must be filed by the end of the child's
15th month in foster care. In calculating when to file a petition for
termination of parental rights, the State/Tribe:
- will calculate the 15 out of
the most recent 22 month period from the date the child entered foster
care as defined at section 475(5)(F) of the Act;
- will use a cumulative method
of calculation when a child experiences multiple exits from and entries
into foster care during the 22 month period;
- will not include trial home
visits or runaway episodes in calculating 15 months in foster care; and
- only applies section
475(5)(E) of the Act to a child once if the State/Tribe does not file a
petition because one of the exceptions applies;
|
|
|
1356.21(i)(1)(ii)
|
b. whose child has been determined by a court of competent
jurisdiction to be an abandoned infant (as defined under State/Tribal law).
The petition to terminate parental rights is made within 60 days of the
judicial determination that the child is an abandoned infant; or
|
|
|
1356.21(i)(1)(iii)
|
c. who has been convicted of one of the felonies listed above.
Under such circumstances, the petition to terminate parental rights is to be
made within 60 days of a judicial determination that reasonable efforts to
reunify the child and parent are not required.
|
|
|
1356.21(i)(2)
|
2.
The State/Tribe may elect not to file or join a petition to terminate
the parental rights of a parent of this section if:
a.
at the option of the State/Tribe, the child is being cared for by a
relative;
b.
the State/Tribal agency has documented in the case plan (which must be
available for court review) a compelling reason for determining that filing
such a petition would not be in the best interests of the individual child;
or
c. the State/Tribal agency has not
provided to the family, consistent with the time period in the case plan,
services that the State/Tribe deems necessary for the safe return of the
child to the home, when reasonable efforts to reunify the family are
required.
|
|
|
1356.21(i)(3)
|
3.
When the State/Tribe files or joins a petition to terminate parental
rights, it concurrently begins to identify, recruit, process, and approve a
qualified adoptive family for the child.
|
|
|
1355.20(a)
475(5)(F)
|
I. DATE CHILD CONSIDERED TO HAVE
ENTERED FOSTER CARE
A
child will be considered to have entered foster care on the earlier of:
1.
the date of the first judicial finding that the child has been
subjected to child abuse or neglect; or
2.
the date that is 60 days after the date on which the child is removed
from the home.
|
|
|
1356.21(d)
472(a)(1)
|
J. DOCUMENTATION OF JUDICIAL
DETERMINATION
The
judicial determinations regarding contrary to the welfare, reasonable efforts
to prevent removal, and reasonable efforts to finalize the permanency plan in
effect, including judicial determinations that reasonable efforts are not
required, are explicitly documented and made on a case-by-case basis and so
stated in the court order.
1.
If the reasonable efforts and contrary to the welfare judicial
determinations are not included as required in the court orders, a transcript
of the court proceedings is the only other documentation accepted to verify
that these required determinations have been made.
2.
Neither affidavits nor nunc pro tunc orders will be accepted as
verification documentation in support of reasonable efforts and contrary to
the welfare judicial determinations, except as provided in 479B(c)(ii) of the
Act and for Tribes. (See section 7.C.
of this plan.)
3. Court orders that reference
State or Tribal law to substantiate judicial determinations are not
acceptable, even if the law provides that a removal must be based on a
judicial determination that remaining in the home would be contrary to the
child's welfare or that removal can only be ordered after reasonable efforts
have been made, except as applied to Tribes in section 7 of this plan
regarding use of nunc pro tunc orders.
(Tribes see section 7 for nunc pro
tunc orders.)
|
|
|
1356.21(e)
|
K. TRIAL HOME VISITS
A
trial home visit may not exceed six months in duration, unless the court
orders a longer trial home visit. If a trial home visit extends beyond six months
and has not been authorized by the court, or exceeds the time period the
court has deemed appropriate, and the child is subsequently returned to
foster care, that placement must then be considered a new placement and title
IV-E eligibility must be newly established. Under these circumstances, the
judicial determinations regarding contrary to the welfare and reasonable
efforts to prevent removal are required.
|
|
|
471(a)(24)
|
L. TRAINING
Before
a child in foster care is placed with prospective foster parents, the
prospective foster parents are adequately prepared with the appropriate
knowledge and skills to provide for the needs of the child. As necessary,
such preparation is continued after placement of the child.
|
|
|
Federal Regulatory/ Statutory
References
|
Requirement
|
State Regulatory, Statutory, and
Policy References and Citations for Each
|
|
|
SECTION
3. ADOPTION ASSISTANCE PAYMENTS
|
|
|
|
A. I. ELIGIBILITY – Applicable
Child (Effective October 1, 2009)
|
|
|
473(e)
|
1.
Beginning in fiscal year 2010, an applicable child is:
a.
a child for whom an adoption assistance agreement is entered into
under section 473 during any fiscal year described in 473(e)(1)(B) if the
child attained the applicable age pursuant to that paragraph for that fiscal
year before the end of that fiscal year; or
b.
a child of any age on the date on which an adoption assistance
agreement is entered into on behalf of the child under section 473 if the
child has been in foster care under the responsibility of the State/Tribal
agency for at least 60 consecutive months and meets the requirements of
paragraph 473(a)(2)(A)(ii); or
c.
a child of any age on the date on which an adoption assistance
agreement is entered into on behalf of the child under this section without
regard to whether the child is described in 473(e)(2)(A) if the child:
i. is a sibling of a child who is an
applicable child for the fiscal year under paragraphs 473(e)(1) or (2); and
ii. is to
be placed in the same adoption placement as their sibling who is an
applicable child for the fiscal year; and
iii. meets the requirements of 473
(a)(2)(A)(ii).
|
|
|
473(c)(2)
|
2. Adoption assistance payments
may be made to parents to adopt a child with special needs. In the case of a child who is an applicable
child for a fiscal year as defined in 473(e), the child shall not be
considered a child with special needs unless:
|
|
|
473(c)(2)(A)
|
a. the State/Tribe has
determined, pursuant to established criteria, that the child cannot or should
not be returned to the home of his parents; and
|
|
|
473(c)(2)(B)
|
b. either:
i.
the State/Tribe has determined that there exists with respect to the
child a specific factor or condition (such as 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 the child cannot be placed with
adoptive parents without providing adoption assistance under this section and
medical assistance under title XIX; or
ii. the child meets all medical or disability
requirements of title XVI with respect to eligibility for supplemental
security income benefits; and
|
|
|
473(c)(2)(C)
|
c. the State/Tribe has
determined that, except where it would be against the best interests of the
child because of such factors as the existence of significant emotional ties with
prospective adoptive parents while in the care of the parents as a foster
child, a reasonable, but unsuccessful, effort has been made to place the
child with appropriate adoptive parents without providing adoption assistance
under this section or medical assistance under title XIX.
|
|
|
473(a)(1)(A)
473(a)(2)(A)(ii)
|
3. In the case of a child who is an applicable
child for the fiscal year as defined in 473(e), adoption assistance payments
may be made if the child has been determined by the State/Tribe pursuant to
section 473(c) to be a child with special needs and:
a.
the time of initiation of adoption proceedings
the child was in the care of a
public or licensed
private child placement agency or
Tribal agency
pursuant to—
i.
an involuntary removal of the child from
the home in accordance with a
judicial
determination to the effect that
continuation
in the home would be contrary to the
welfare
of the child; or
ii. a voluntary placement agreement or
voluntary relinquishment; or
b. meets
all medical or disability requirements of title XVI with respect to
eligibility for supplemental security income benefits; or
c. was
residing in a foster family home or child care institution with the child's
minor parent, and the child's minor parent was in such foster family home or
child care institution pursuant
to—
i.
an involuntary removal of the child from
the home in accordance with a judicial
determination to the effect that
continuation
in the home would be contrary to the
welfare
of the child; or
ii.
a voluntary placement agreement or
voluntary relinquishment; and
d. has been determined by the State or Tribe,
pursuant to subsection 473(c)(2), to be a child with special needs.
|
|
|
473(a)(2)(C)(ii)
|
4. In the case of a child who is an applicable
child for the fiscal year as so defined in 473(e), the child will be treated as
meeting the requirements to receive adoption assistance payments if the
child:
a. meets the requirements of
473(a)(2)(A)(ii)(II); and
b. is determined eligible for adoption
assistance payments under this part with respect to a prior adoption (or who
would have been determined eligible for such payments had the Adoption and
Safe Families Act of 1997 been in effect at the time that such determination
would have been made; and
c.
is available for adoption because the prior adoption has been
dissolved and the parental rights of the adoptive parents have been
terminated or because the child’s adoptive parents have died.
|
|
|
|
A. II. ELIGIBILITY – Non-applicable Child (Currently effective, but beginning October
1, 2009, decreases based on the criteria in 473(e) until October 1, 2017, at
which time this authority ends)
|
|
|
473(a)(1)(A)
473(c)(1)
|
1. Adoption assistance payments may be made to
parents who adopt a child with special needs.
In the case of a child who is not an applicable child, as defined in
473(e), for a fiscal year, the child shall not be considered a child with
special needs unless:
|
|
|
473(c)(1)(A)
|
a. the State/Tribe has determined
the child cannot or should not be returned to the home of his or her parents;
and
|
|
|
473(c)(1)(B)
|
b. the State/Tribe has
first determined that a specific factor or condition exists with respect to
the child (such as 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 disabilities) because of which it is reasonable
to conclude that such child cannot be placed for adoption without providing
adoption assistance or medical assistance under title XIX; and
|
|
|
473(c)(1)(B)
|
c. 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.
|
|
|
473(a)(2)(A)
473(a)(2)(A)(i)
473(a)(2)(A)(i)(II)
|
2.
In the case of a child who is not an applicable child for the fiscal
year as defined in 473(e), adoption assistance payments may be made if the
child has been determined by the State/Tribe pursuant to section 473(c) to be
a child with special needs and:
|
|
|
473(a)(2)(A)(i)(I)(aa)
|
a. was removed from the
home of a relative specified in section 406(a) of the Act (as in effect on
July 16, 1996) and placed in foster care in accordance with a voluntary placement
agreement with respect to which Federal payments are provided under section
474 (or section 403, as in effect on July 16, 1996), or in accordance with a
judicial determination to the effect that continuation in the home would be
contrary to the welfare of the child; and
- received AFDC, in that
relative's home, under the State plan approved under section 402 of the
Act (as in effect 7/16/96), or would have received AFDC under such plan
had application been made, in or for the month the voluntary placement
agreement was entered into or court proceedings leading to the judicial
determination referred to in section 473(a)(2)(A)(i) were initiated; or
- had been living with a
relative specified in section 406(a) of the Act within six months before
the month in which a voluntary placement agreement was entered into or
court proceedings leading to the judicial determination referred to in
section 473(a)(2)(A)(i), were initiated and would have received AFDC in
that relative's home under the State plan approved under section 402 of
the Act for that month, if in that month the child had been living with
such relative and application had been made;
(Tribes,
see also section 7 (AFDC))
|
|
|
473(a)(2)(A)(i)(I)(bb)
|
b. meets all the requirements
of title XVI of the Act with respect to eligibility for supplemental security
income benefits; or
|
|
|
473(a)(2)(A)(i)(I)(cc)
|
c. is a child whose
costs in a foster family home or child-care institution are covered by the
foster care maintenance payments being made with respect to the minor parent
of the child as provided in section 475(4)(B).
|
|
|
473(a)(2)(C)(i)
|
3.
In the case of a child who is not an applicable child for the fiscal
year as defined in 473(e), the child will be treated as meeting the
requirements to receive adoption assistance payments if the child:
a.
meets the requirements of section 473(a)(2)(A)(i)(II); and
b.
is determined eligible for adoption assistance payments under 473 of the
Act with respect to a prior adoption; and
c.
is available for adoption because the prior adoption has been
dissolved and the parental rights of the adoptive parents have been
terminated or because the child's adoptive parents have died; and
d. fails to meet the requirements
of section 473(a)(2)(A)(i) but will meet such requirements if the child is
treated as if the child is in the same financial and other circumstances the
child was in the last time the child was determined eligible for adoption
assistance payments under section 473 of the Act and the prior adoption is
treated as never having occurred.
|
|
|
|
A. III. ELIGIBILITY – General
|
|
|
473(a)(1)(B)
|
1.
Adoption assistance payments are made to adoptive parents who have entered
into an adoption assistance agreement (see subsection C of this plan) with
the title IV-E agency.
|
|
|
473(a)(2)(D)
|
2.
In determining the eligibility for adoption assistance payments of a
child in a legal guardianship arrangement described in section 471(a)(28),
the placement of the child with the relative guardian involved and any
kinship guardianship assistance payments made on behalf of the child shall be
considered never to have been made.
|
|
|
473(a)(1)(B)(i)
|
B. PAYMENTS – AMOUNTS AND
CONDITIONS
1.
Payments will be made for non-recurring adoption expenses incurred by
or on behalf of the adoptive parents in connection with the adoption of a
child with special needs, directly through the State/Tribal agency or through
another public or nonprofit private agency, in amounts determined through an
agreement with the adoptive parents; and
|
|
|
|
473(a)(1)(B)(ii)
|
2.
In any case where the child meets the requirements of section
473(a)(2) of the Act, the State/Tribe may make adoption assistance payments
to adoptive parents, directly through the State/Tribal agency or through
another public or nonprofit private agency, in amounts so determined through
an adoption assistance agreement (see Section 3, item C of this plan).
|
|
|
|
473(a)(3)
|
3.
The amount of such payment:
a.
will take into consideration the circumstances of the adopting parents
and the needs of the child being adopted;
b.
may be adjusted periodically with the concurrence of the adoptive
parents to reflect changing circumstances; and
c. 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.
|
|
|
|
1356.40(c)
|
4.
In determining eligibility for adoption assistance payments, there is
no income eligibility requirement (means test) for the adoptive parents.
|
|
|
|
473(a)(4)
|
5.
Payments are terminated when the State determines that:
a.
the child has attained the age of 18 (or, where the State determines
that the child has a mental or physical disability which warrants the
continuation of assistance, the age of 21); or
b.
the parents are no longer legally responsible for the support of the
child; or
c. the child is no longer
receiving support from the adoptive parents.
|
|
|
|
473(a)(4)
|
6. The adoptive parents are
required to inform the State/Tribal agency of circumstances that would make
them ineligible for adoption assistance payments or eligible for adoption
assistance payments in a different amount.
|
|
|
|
473(a)(7)
|
7.
No payment may be made to parents with respect to any applicable child
for a fiscal year that:
a.
would be considered a child with special needs under 473(c)(2);
b.
is not a citizen or resident of the United States; and
c.
was adopted outside of the United States
or was brought into the United
States for the purpose of being adopted.
8. A child that is not a citizen
or resident of the US and
was adopted outside of the US
or brought into the US
for the purpose of being adopted may be eligible for adoption assistance
payments if the initial adoption of the child by parents is a failure and the
child is subsequently placed into foster care.
|
|
|
|
475(3)
|
C. ADOPTION ASSISTANCE AGREEMENT
1.
An adoption assistance agreement is a written agreement, binding on
all parties, between the State/Tribal agency, other relevant agencies, and
the prospective adoptive parents.
|
|
|
|
1356.40(b)
|
2.
The adoption assistance agreement meets the requirements of section
475(3) of the Act as stated below:
|
|
|
|
1356.40(b)(1)
|
a. is signed by the adoptive parents and a representative of
the State/Tribal agency and is in effect before adoption assistance payments
are made under title IV-E, but no later than the finalization of the
adoption;
|
|
|
|
1356.40(b)(2)
475(3)
|
b. specifies the duration of the agreement;
|
|
|
|
1356.40(b)(3)
|
c. 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 non-recurring adoption expenses in agreements for
expenditures incurred by the parents);
|
|
|
|
473(b)
|
d. specifies the child's eligibility for title XIX and title
XX;
|
|
|
|
475(3)(B)
|
e. specifies that the agreement remains in effect regardless
of the State of residence of the adoptive parents;
|
|
|
|
475(3)
|
f. 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
|
|
|
|
1356.40(d)
|
g. if a needed service specified in the agreement is not
available in the new State or service area of residence, the State/Tribe making
the original adoption assistance payment remains financially responsible for
providing the specified service(s).
|
|
|
|
473(b)(1-4)
|
D. MEDICAID AND SOCIAL SERVICES
1.
For the purposes of titles XIX and XX, any eligible child for whom
there is an adoption assistance agreement in effect under section 473(a)(2)
(whether or not adoption assistance payments are being made) is deemed to be
a dependent child as defined in 406 of the Act and is deemed to be a
recipient of AFDC under part A of title IV of the Act (as in effect 7/16/96)
in the State in which such child resides. Any child of such eligible child
will be eligible for such services.
|
|
|
|
471(a)(21)(A)&(B)
|
2.
The State/Tribe will provide health insurance coverage (through one or
more State/Tribal medical assistance programs), with the same type and kind
of benefits as those which would be provided for children by the State/Tribe
under title XIX, or a comparable medical plan, for any child who has been
determined to be a child with special needs, for whom there is in effect an
adoption assistance agreement between the State/Tribe and an adoptive parent
or parents, and who the State/Tribe has determined cannot be placed with an
adoptive parent or parents without medical assistance due to special needs
for medical, mental health or rehabilitative care.
|
|
|
|
471(a)(21)(C)&(D)
|
3.
In the event that the State/Tribe provides such coverage through a
State/Tribe medical assistance program other than the program under title
XIX, and the State/Tribe exceeds its funding for services under such other
program, any such child is deemed to be receiving aid or assistance under the
State/Tribe plan under this part for purposes of section
1902(a)(10)(a)(i)(1); and in determining cost-sharing requirements, the
State/Tribe will take into consideration the circumstances of the adopting
parent or parents and the needs of the child being adopted to the extent
coverage is provided through a State/Tribal medical assistance program,
consistent with the rules under such program.
|
|
|
|
473A(b)
|
E. ELIGIBILITY FOR ADOPTION
INCENTIVE FUNDING
States
are eligible for adoption incentive funds in FY's 2008 through 2012, if:
1.a. the number of foster child adoptions in the
State during the fiscal year exceeds the number of foster child adoptions for
the State in fiscal year 2007; or
b. the number of older child adoptions in the State
during the fiscal year exceeds the base number of older child adoptions for
the State for the fiscal year; or
c. the State’s foster child adoption rate for
the fiscal year exceeds the highest ever foster child adoption rate
determined for the State; and
2.
the State is in compliance with the data requirements in section 473A(c) of
the Act; and
3. the State provides health insurance
coverage to any child with special needs (as determined under section 473(c))
for whom there is in effect an adoption assistance agreement.
|
|
|
|
471(a)(33)
|
F. ADOPTION TAX CREDIT
The
State/Tribe informs every individual who is adopting or whom the State or
Tribe is made aware is considering adopting, a child who is in foster care under
the responsibility of the State or Tribe of the potential eligibility for a
Federal tax credit under section 23 of the Internal Revenue Code of 1986.
|
|
|
|
Federal Regulatory/ Statutory
References
|
Requirement
|
State Regulatory, Statutory, and
Policy References and Citations for Each
|
|
|
SECTION
4. GENERAL PROGRAM REQUIREMENTS
|
|
|
471(a)(10)
|
A. STANDARDS FOR FOSTER FAMILY
HOMES AND CHILD CARE INSTITUTIONS
The
agency has established or designated a State/Tribal authority(ies) which is
responsible for establishing and maintaining standards for foster family
homes and child care institutions which are reasonably in accord with
recommended standards of national organizations concerned with standards for
such institutions or homes, including standards related to admission
policies, safety, sanitation, and protection of civil rights. The standards so
established are applied by the State to any foster family home or child-care
institution receiving funds under titles IV-E or IV-B. The State/Tribal agency has provided that
waivers of such standards may be made only on a case-by-case basis for
non-safety standards (as determined by the State/Tribe) in relative foster
family homes for specific children in care.
(Tribes,
see section 7)
|
|
|
1355.20(a)
472(c)(1)
|
1.
Foster family home means, for the purpose of title IV-E eligibility,
the home of an individual or family licensed or approved as meeting the
standards established by the State licensing or approval authority(ies) (or
with respect to foster family homes on or near Indian reservations, by the
tribal licensing or approval authority(ies)), that provides 24-hour
out-of-home care for children. The term may include group homes,
agency-operated boarding homes or other facilities licensed or approved for
the purpose of providing foster care by the State/Tribal agency responsible
for approval or licensing of such facilities. Foster family homes that are
approved must be held to the same standards as foster family homes that are
licensed. Anything less than full licensure or approval is insufficient for
meeting title IV-E eligibility requirements.
(Tribes,
see also section 7)
|
|
|
1355.20(a)(2)
472(c)(2)
|
2.
Child care institution means a private child care institution, or a
public child care institution which accommodates no more than 25 children,
and is licensed by the State or Tribe in which it is situated or has been
approved by the agency of such State or tribal licensing authority (with
respect to child care institutions on or near Indian reservations)
responsible for licensing or approval of institutions of this type as meeting
the standards established for such licensing. This definition must not
include detention facilities, forestry camps, training schools, or any other
facility operated primarily for the detention of children who are determined
to be delinquent.
(Tribes, see also section 7 for
requirements related to 471(a)(10).)
|
|
|
1356.21(m)(1)&(2)
471(a)(11)
|
B. REVIEW OF PAYMENTS AND
LICENSING STANDARDS
The
agency reviews at reasonable, specific, time-limited periods established by
the State/Tribe:
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.
|
|
|
471(a)(12)
|
C. FAIR HEARINGS
The
State/Tribal agency has a system for granting an opportunity for a fair
hearing (before the State/Tribal agency) to any individual whose claim for
benefits under this plan is denied or not acted upon with reasonable
promptness.
|
|
|
471(a)(13)
|
D. INDEPENDENT AUDIT
The
State/Tribal Agency will arrange for a periodic and independently conducted
audit, no less frequently than once every three years, of the titles IV-E and
IV-B programs.
|
|
|
471(a)(9)
|
E. CHILD ABUSE AND NEGLECT
The
State/Tribal agency will report to an appropriate agency or official known or
suspected instances of physical or mental injury, sexual abuse or
exploitation, or negligent treatment or maltreatment of a child receiving aid
under titles IV-B or IV-E under circumstances that indicate that the child's
health or welfare is threatened.
|
|
|
471(a)(25)&(26)
|
F. TIMELY INTERSTATE PLACEMENT OF
CHILDREN
1.
The State/Tribe shall have in effect procedures for the orderly and
timely interstate placement of children which provides that:
a.
within 60 days after the State/Tribe receives from another State or
Tribe a request to conduct a study of a home environment for purposes of
assessing the safety and suitability of placing a child in the home, the
State or Tribe shall, directly or by contract:
i. conduct and complete the
study; and
ii. return to the other State
or Tribe a report on the results of
the study which shall address the extent to which placement in the home would
meet the needs of the child;
b.
the State or Tribe is not required to complete within the applicable
time period the parts of the home study involving the education and training
of the prospective foster or adoptive parents;
c.
the State or Tribe shall treat any such report that is received from
another State or an Indian tribe (or from a private agency under contract
with another State/Tribe) as meeting any requirements imposed by the State or
Tribe for the completion of a home study before placing a child in the home,
unless, within 14 days after receipt of the report, the State or Tribe
determines, based on grounds that are specific to the content of the report,
that making a decision in reliance on the report would be contrary to the
welfare of the child; and
d.
the State or Tribe shall not impose any restriction on the ability of
an agency administering, or supervising the administration of, a State or
Tribal program operated under a plan approved under this part to contract
with a private agency for the conduct of such a home study.
|
|
|
471(a)(18)(A)&(B)
1355.38(a)(2)
|
G. REMOVAL OF BARRIERS TO
INTERETHNIC ADOPTION
1.
A State/Tribe or any other entity in the State/Tribe that receives
funds from the Federal Government and is involved in adoption or foster care
placements may not:
a.
deny to any person the opportunity to become an adoptive or foster
parent, on the basis of race, color, or national origin of the person, or of
the child involved; or
b.
delay or deny the placement of a child for adoption or into foster
care, on the basis of race, color, or national origin of the adoptive or
foster parent or the child involved; and
c.
maintain any statute, regulation, policy, procedure or practice that,
on its face, is a violation as defined in sections 471(a)(18)(A) and (B)).
|
|
|
1355.38(a)(5)
|
2.
Compliance with the Indian Child Welfare Act of 1978 (Pub.L.95-608)
does not constitute a violation of section 471(a)(18).
|
|
|
471(a)(19)
|
H. KINSHIP CARE
1. The State/Tribe considers giving preference
to an adult relative over a non-related caregiver when determining a
placement for a child, provided that the relative caregiver meets all
relevant State/Tribal child protection standards.
|
|
|
471(a)(29)
|
2.
Within thirty days after the removal
of a child from the custody of the parent or parents of the child, the
State/Tribal agency shall exercise due diligence to identify and provide
notice to all adult grandparents and other adult relatives of the child (including
any other adult relatives suggested by the parents), subject to exceptions
due to family violence, that:
a. specifies that the child has been or is
being removed from the custody of the parent or parents of the child;
b. explains the options the relative has under
Federal, State, and local law or Tribal law to participate in the care and
placement of the child, including any options that may be lost by failing to
respond to the notice;
c. describes the requirements under paragraph
471(a)(10) to become a foster family home and the additional services and
supports that are available for the children placed in such a home; and
d. if the State/Tribe has elected to operate a
kinship guardianship assistance program, describes how the relative guardian
of the child may subsequently enter into an agreement with the State or Tribe
under 473(d) to receive the payments.
3. The legal guardianship means a judicially
created relationship between the child and relative which is intended to be
permanent and self-sustaining as evidenced by the transfer to the relative of
the following parental rights with respect to the child:
a.
protection;
b.
education;
c.
care and control of the person;
d.
custody of the person; and
e. decision making.
|
|
|
471(a)(31)
|
I. SIBLING PLACEMENT
The
State/Tribe shall make reasonable efforts to:
1. place siblings removed from their home in
the same foster care, kinship guardianship, or adoptive placement, unless the
State documents that such a joint placement would be contrary to the safety
or well-being of any of the siblings; and
2. in the case of siblings removed from their
home who are not so jointly placed, to provide for frequent visitation or
other ongoing interaction between the siblings, unless that State/Tribe documents
that frequent visitation or other ongoing interaction would be contrary to
the safety or well-being of any of the siblings.
|
|
|
471(a)(20)(A)
|
J. SAFETY REQUIREMENTS
1. Safety requirements for foster care, and adoptive home
providers.
a.
The State/Tribe provides procedures for criminal records checks
(including finger-print-based checks of national crime information databases
(as defined in section 534(e)(3)(a) of title 28, United States Code) for any
prospective foster and adoptive parent before the parent may be finally
approved for placement of a child regardless of whether foster care
maintenance payments or adoption assistance payments are to be made on behalf
of the child.
|
|
|
1356.30(b)
471(a)(20)(A)(i)
|
b. The State/Tribe does
not approve or license any prospective foster or adoptive parent, nor does
the State/Tribe claim FFP for any foster care maintenance or adoption
assistance payment made on behalf of a child placed in a foster home operated
under the auspices of a child placing agency or on behalf of a child placed
in an adoptive home through a private adoption agency, if the State/Tribe
finds that, in any case involving a child on whose behalf such payments are
to be made in which a criminal records check conducted in accordance with
paragraph (a) of this section, a court of competent jurisdiction has
determined that the prospective foster or adoptive parent has been convicted
of a felony involving:
- child abuse or neglect;
- spousal abuse;
- a crime against a child or
children (including child pornography); or
- a crime involving violence,
including rape, sexual assault, or homicide, but not including other
physical assault or battery.
|
|
|
1356.30(c)
471(a)(20)(A)(ii)
|
c. The State/Tribe does
not approve or license any prospective foster or adoptive parent, nor claim
FFP for any foster care maintenance or adoption assistance payment made on
behalf of a child placed in a foster family home operated under the auspices
of a child placing agency or on behalf of a child placed in an adoptive home
through a private adoption agency, if the State/Tribe finds, in any case
involving a child on whose behalf such payments are to be made in which a
criminal records check conducted in accordance with paragraph (a) of this
section, that a court of competent jurisdiction has determined that the
prospective foster or adoptive parent has, within the last five years, been
convicted of a felony involving:
- physical assault;
- battery; or
- a drug-related offense.
|
|
|
1356.30(f)
|
d. In order for a child
to be eligible for title IV-E funding, the licensing file for a child care
institution must contain documentation which verifies that safety
considerations with respect to the staff of the institution have been
addressed.
|
|
|
471(a)(20)(B)
|
e. The State/Tribe
shall check any child abuse and neglect registry for information on any
prospective foster or adoptive parent and on any other adult living in the
home of such a prospective parent for such information, before the
prospective foster or adoptive parent may be finally approved for placement
of a child, regardless of whether foster care maintenance payments or
adoption assistance payments are to be made on behalf of the child:
i.
the State/Tribe shall check any child abuse and neglect registry it
maintains for such information;
ii. the State/Tribe shall request any other
State/Tribe in which any such prospective parent or other adult has resided
in the preceding 5 years, to check any child abuse and neglect registry
maintained by such other State or Tribe for such information; and
iii. the State/Tribe shall comply with any such
request to check its child abuse and neglect registry that is received from
another State or Tribe.
|
|
|
471(a)(23)(A)&(B)
|
K. INTERJURISDICTIONAL ADOPTIONS
The
State/Tribe will not:
1.
deny or delay the placement of a child for adoption when an approved
family is available outside of the jurisdiction with responsibility for
handling the case of the child; or
2.
fail to grant an opportunity for a fair hearing, as described in
section 471(a)(12), to an individual whose allegation of a violation of part
(1) of this subsection is denied by the State/Tribe or not acted upon by the
State/Tribe with reasonable promptness.
|
|
|
471(a)(22)
|
L. QUALITY STANDARDS
1.
The State/Tribe has developed and implemented standards to ensure that
children in foster care placements in public or private agencies are provided
quality services that protect the safety and health of the children.
|
|
|
471(a)(24)
|
2. The State/Tribe will ensure
that prospective foster parents are adequately trained with the appropriate
knowledge and skills to provide for the needs of the child and that such
preparation will be continued after the placement.
|
|
|
471(a)(30)
|
M. COMPULSORY SCHOOL ATTENDANCE
The
State/Tribal agency has a system for assuring that each child who has attained
the minimum age for compulsory school attendance under State/Tribal law and
with respect to whom there is eligibility for a payment under the plan is a
full-time elementary or secondary school student or has completed secondary
school, and for purposes of this paragraph, the term `elementary or secondary
school student' means, with respect to a child, that the child is--
1.
enrolled (or in the process of enrolling) in an institution which provides
elementary or secondary education, as determined under the law of the State
or other jurisdiction in which the institution is located;
2.
instructed in elementary or secondary education at home in accordance with a
home school law of the State or other jurisdiction in which the home is
located;
3.
in an independent study elementary or secondary education program in
accordance with the law of the State or other jurisdiction in which the
program is located, which is administered by the local school or school
district; or
4. incapable of attending school
on a full-time basis due to the medical condition of the child, which
incapability is supported by regularly updated information in the case plan
of the child.
|
|
|
471(a)(27)
|
N. VERIFICATION OF CITIZENSHIP OR IMMIGRATION
STATUS
1. The State/Tribe will have in effect
procedures for verifying the citizenship or immigration status of any child
in foster care under the responsibility of the State/Tribe under title IV-E
or part B, and without regard to whether foster care maintenance payments are
made under section 472 on behalf of the child.
|
|
|
472(a)(4)
|
2.
For the purposes of meeting the requirements of the section 401(a) of the
Personal Responsibility and Work Opportunity Reconciliation Act of 1996
(PRWORA), children must meet the definition of "qualified alien"
(as defined in section 431(a) of PRWORA) to be eligible for Federal foster
care maintenance or adoption assistance (except that children receiving
adoption assistance pursuant to agreements signed before August 22, 1996 may
continue to receive such assistance).
|
|
