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Child Welfare Policy Manual
Children's Bureau 370 L'Enfant Promenade, SW Washington, DC 20447
For additional information or copies, please contact the

Child Welfare Information Gateway (800) 394-3366 (703) 352-3488 FAX: (703) 385-3206 E-mail: [email protected] http://www.childwelfare.gov
http://www.acf.hhs.gov/j2ee/programs/cb/laws_policies/laws/ cwpm/index.jsp
A service of the Children's Bureau

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Child Welfare Policy Manual: Table of Contents
December 31, 2007
1.AFCARS 1.1Compliance and Penalties 1.2Data Elements and Definitions 1.2AAdoption Specific Elements 1.2A.1Adoptive parents 1.2A.2Birth parents 1.2A.3Child's demographics 1.2A.4Court actions 1.2A.5Financial information 1.2A.6Placement 1.2BFoster Care Specific Elements 1.2B.1Case plan goal 1.2B.2Child's demographics 1.2B.3Episode and removal circumstances 1.2B.4Financial elements 1.2B.5Foster family home 1.2B.6Outcome information 1.2B.7Placements 1.2B.8Principal caretaker 1.2B.9Termination of parental rights 1.3Reporting Population 1.4Technical Requirements 2.CAPTA 2.1Assurances and Requirements 2.1AAccess to Child Abuse and Neglect Information 2.1A.1Confidentiality 2.1A.2Expungment 2.1A.3Open Courts 2.1A.4Public Disclosure 2.1BAppeals 2.1CExpedited Termination of Parental Rights 2.1DGuardian Ad Litems 2.1EReunification 2.1FCAPTA, Assurances and Requirements, Infants Affected by Illegal Substance Abuse 2.1F.1CAPTA, Assurances and Requirements, Infants Affected by Illegal Substance Abuse, Plan of Safe Care 2.1GCAPTA, Assurances and Requirements, Triage 2.1HCAPTA, Assurances and Requirements, Notification of Allegations

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2.1ICAPTA, Assurances and Requirements, Referrals to IDEA, Part C 2.1JCAPTA, Assurances and Requirements, Criminal Background Checks 2.2Citizen Review Panels 2.3Definitions 3.INDEPENDENT LIVING 3.1Certifications and Requirements 3.1AAdolescent Participation 3.1BAge 3.1CCoordination 3.1DFraud and Abuse 3.1EMiscellaneous Requirements 3.1FObjective Eligibility Criteria 3.1GRoom and Board 3.1HTraining 3.1ITribal 3.2Data Collection 3.2AData Elements 3.2BOutcome Measures 3.2CPenalties for Noncompliance 3.2DSystems Requirements 3.3Fiscal 3.3AAdministrative Costs 3.3BAllocations 3.3CMatch 3.3DNon-supplantation 3.3EUse of Funds 3.4Related Foster Care Requirements 3.5Independent Living, Educational and Training Vouchers 3.5AYouth Eligibility 3.5BCoordination and Duplication 3.5CEligible Expenses and Institutions 3.5DAdministrative Costs 3.5EMatch 3.5FUse of Funds 4.MEPA/IEAP 4.1Diligent Recruitment 4.2Enforcement of Section 471 (a)(18) of the SSA 4.3Guidance for Compliance 5.MONITORING 5.1Child and Family and Services Review (CFSR) 5.2Title IV-E Eligibility Reviews 6.SACWIS 7.TITLE IV-B 7.1Citizenship/Alienage Requirements

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7.2Confidentiality 7.3Programmatic Requirements 7.4Use of Funds 8.TITLE IV-E 8.1Administrative Functions/Costs 8.1AAllowable Costs - Adoption Assistance Program 8.1BAllowable Costs - Foster Care Maintenance Payments Program 8.1CCalculating Claims 8.1DCandidates 8.1EContracting 8.1FMatch Requirements 8.1GTitle IV-E Agreements 8.1HTraining 8.2Adoption Assistance Program 8.2AAgreements 8.2A.1Interstate placements 8.2A.2Means test 8.2BEligibility 8.2B.1Biological parents 8.2B.2Children in foster care 8.2B.3Child of a minor parent 8.2B.4Deceased adoptive parents/dissolved adoptions 8.2B.5Independent Adoptions 8.2B.6International Adoptions 8.2B.7Judicial determinations 8.2B.8Medicaid 8.2B.9Redeterminations 8.2B.10Responsibility for placement and care 8.2B.11Special needs 8.2B.12SSI 8.2B.13Voluntary relinquishments 8.2CInterstate Compact 8.2DPayments 8.2D.1Allowable costs 8.2D.2Duration 8.2D.3Non-recurring expenses 8.2D.4Rates 8.2D.5Termination 8.2EPromoting Adoption Assistance 8.3Foster Care Maintenance Payments Program 8.3AEligibility 8.3A.1Adjudicated delinquents 8.3A.2Age 8.3A.3Biological parents

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8.3A.4Child in facility outside scope of foster care 8.3A.5Child of a minor parent 8.3A.6Contrary to the welfare 8.3A.7Documentation of judicial determinations 8.3A.8Facilities requirements 8.3A.8achild-care institution 8.3A.8bfoster family home 8.3A.8clicensing 8.3A.9Reasonable efforts 8.3A.9ato finalize a permanency plan 8.3A.9bto prevent a removal 8.3A.9cto qualify language in court orders 8.3A.10Redeterminations 8.3A.11Removal from the home/living with 8.3A.12Responsibility for placement and care 8.3A.13Voluntary placement agreements 8.3A.14Voluntary relinquishments 8.3A.15When payments may begin 8.3BPayments 8.3B.1Allowable costs 8.3B.2Rates 8.3CState Plan/Procedural Requirements 8.3C.1Case plans 8.3C.2Case review system 8.3C.2adate a child is considered to have entered foster care 8.3C.2bnotice and opportunity to be heard 8.3C.2cpermanency hearings 8.3C.2dsix month periodic reviews 8.3C.2etermination on parental rights 8.3C.3Foster care goals 8.3C.4Reasonable efforts 8.3C.5Trial home visit 8.4General Title IV-E Requirements 8.4AAFDC Eligibility 8.4BAliens/Immigrants 8.4CChild support 8.4DConcurrent Receipt of Federal Benefits 8.4EConfidentiality 8.4FCriminal Record and Registry Checks 8.4GFair Hearings 8.4HSafety Requirements 8.4ISocial Security Numbers 9.TRIBES/INDIAN TRIBAL ORGANIZATIONS 9.1Application of Title IV-B and Title IV-E Procedural Requirements

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9.2Application of Title IV-E Eligibility Requirements 9.3Responsibilities of the Bureau of Indian Affairs 9.4Title IV-E Agreements

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Policy/Program Issuances
Once a bill becomes a law, an authorized unit within the federal government becomes responsible to develop guidance and procedures for the administration of the new program. The primary source of information is the legislation on which the program is based; the next source is in regulations. Finally, the authorized unit may issue supplemental policy, instructional and informational documents related to implementing the program. The Children's Bureau issues guidance to the States on the administration of State grant programs, in the following formats: Child Welfare Policy Manual - The manual conveys mandatory policies that have their basis in Federal Law and/or program regulations. It also provides interpretations of Federal Statutes and program regulations initiated by inquiries from State Child Welfare agencies or ACF Regional Offices. Action Transmittals (AT) - These issuances convey program guidance information to grantees of actions they are expected or required to take. They clarify and explain procedures and methods for operationalizing program policies and add details to program regulations or policy guide requirements. Information Memorandum (IM) - These issuances are used as the primary means for program and staff offices to communicate with State agencies and grantees or potential grantees on a variety of matters, such as program activities and priorities, progress reports, research findings, funds available, related regulations, and proposed and pending Federal legislation affecting human service programs. Information memoranda may also provide States with program tools, models, and techniques which States may use for program development or reporting purposes. Policy Guides and Manuals (PGM) - These issuances may be program regulation guides, grants administration manuals, and any other policy, program and grants related guides or manuals. They provide comprehensive guidance to clarify, explain, and expand upon the meaning of the related program and grant administration rules and regulations. They may incorporate previously issued interpretation of program regulations; they may also set forth applicable grant administration policies and procedures to recipients of discretionary project grants or cooperative agreements awarded by ACF program offices. They do not add to or change the nature of the requirements as stated in the regulations and do not provide new interpretations of regulations Program Instructions (PI) - These issuances clarify and explain procedures and methods for operationalizing program policies, add details to program regulations or policy guide requirements, and convey program guidance information to grantees of actions they are expected or required to take. They may also reiterate policy that has already been transmitted by previous policy issuances but they are not used as vehicles for conveying new program policy. Program instructions may also be used to transmit State plan preprints, financial reports, program allotment tables, and non-regulatory materials on which comments are solicited, and other kind of materials. Program Regulations (PR) - These issuances are used to transmit final regulations, interim final rules, and notices of proposed rulemaking. The regulations are basic requirements, rules, standards, and procedures for program implementation, based on specific legislative authority. Final regulations have the force and effect of law. They are published in the Federal Register and codified in the Code of Federal Regulations.

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Child Welfare Policy Manual
The Child Welfare Policy Manual conveys mandatory policies that have their basis in Federal Law and/or program regulations. It also provides interpretations of Federal Statutes and program regulations initiated by inquiries from State Child Welfare agencies or ACF Regional Offices. This manual replaces the Children's Bureau's former policy issuance system. This Child Welfare Policy Manual updates and reformats all of the existing relevant policy issuance's (Policy Announcements and Policy Interpretation Questions) into an easy to use question and answer format. This manual is broken down into nine main policy areas (with detailed subsections): AFCARS, CAPTA, Independent Living, MEPA/IEAP, Monitoring, SACWIS, Title IV-B, Title IV-E, Tribes/Indian Tribal Organizations. Future policy guidance will be disseminated in this format and announced as "Updates!" to the manual. This web-based manual ensures that the most current policy information is available to the States in the quickest and most accurate way. All questions/comments should be directed to the ACF Regional Offices. How to use the manual: The table of contents (full text) is the guide to the entire manual. It provides a detailed topical breakdown of all the included policy information. The nine main policy areas provide shortcuts to the same targeted policy information. Each main area is then broken down into detailed subsections. There are sections of the manual that are empty of any policy information. These sections are being used as placeholders for future announcements. They are designated by an asterisk (*) following the section title in the Table of Contents. For example: 6. SACWIS * All of the policy information appears in a question and answer format. For example (from 8.1 TITLE IV-E, Administrative Functions/Costs): Question: Is the cost of conducting criminal records checks for prospective foster and adoptive parents an allowable administrative cost under title IV-E? Answer: The regulations at section 1356.60 (c)(2) allow States to claim costs associated with recruitment and licensing as administrative costs under title IV-E. Since the criminal records check provision is a condition of licensure or approval in States that do not opt out of the provision, costs associated with criminal records checks for prospective foster and adoptive parents are allowable under title IV-E when claimed pursuant to an approved cost allocation plan. · Source/Date: Preamble to the Final Rule (65 FR 4020) (1/25/00) · Legal and Related References: 45 CFR 1356.30 and 1356.60 How to cite the manual: Each section and subsection of the manual has a unique number that identifies it. Each Question/Answer set is numbered as well. When citing the manual, either cite the section or the relevant Question/Answer set within that section or subsection. For example, guidance and requirements with respect to permanency hearings is contained at section 8.3C.2c of the manual. When seeking clarification on a specific policy regarding permanency hearings, users may refer to that section of the manual or to a specific Question/Answer set within that section; i.e., section 8.3C.2c, Question 2. How to recognize updates and deletions: The information within the manual will change as the Children's Bureau announces new policy. Additions and deletions to the manual will be announced on the policy manual main page under Updates! · In the question and answer text, updated policy will be indicated by a NEW / UPDATED announcement. For example: NEW/Updated [Date question added or updated] [Text of Question] · Furthermore, any new policy changes that remove a question and answer from the manual will be indicated by a DELETED announcement. For example: DELETED [Date question deleted] [Text of question]

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How the manual was developed: Using a detailed table of contents as the basis for constructing a database to house all existing policy, the Children's Bureau began by reviewing every Policy Interpretation Question (PIQ) and Policy Announcement (PA), assigning the content to the appropriate sections of the database. While the manual was constructed using existing policy, some of the information is not presented in exactly the same format as it appeared in the original issuance because: · · Policy Announcements are not constructed in a Question/Answer format, so the information in these documents was reformatted for inclusion in the manual. Some of the early PIQs identified the State that posed the questions addressed. We now maintain the anonymity of a State that raises questions of national significance by removing all State-specific references. We updated some early policy to be consistent with recent statutory amendments. For example, some of the early policy guidance addressing the Title IV-E case review system requirements is still relevant but we updated certain terms to be consistent with the Adoption and Safe Families Act of 1997 (ASFA); i.e., "permanency hearing" rather than "dispositional hearing." For that reason, a policy whose source was a 1980s issuance may contain terminology that is consistent with the ASFA amendments to the Social Security Act. We found some redundancy across and within policy issuances. We consolidated redundant information when appropriate to increase efficiency. When the "Source/Date" field contains more than one policy issuance, that is an indication that the information in that Question/Answer came from multiple sources. Where appropriate, we consolidated information from issuances that modified, clarified, or elaborated on an earlier issuance. For example, PIQ-88-03 clarifies the guidance in PIQ-82-10 with respect to identifying facilities that are primarily for the detention of children who are adjudicated delinquent. We consolidated the guidance from these two issuances into a single Question/Answer set. The "Source/Date" field for that Question/Answer set contains both PIQs, indicating that the information therein came from those two issuances. When we found Question/Answer sets in PIQs that addressed multiple topics, we placed those Question/Answer sets in all appropriate sections of the manual and then struck the irrelevant material leaving a Question/Answer set that pertains to only the section in which it resides. For example, ACYF-CB-PIQ-82-04 explained State's options for funding foster parent insurance. Some of the responses in the PIQ addressed options under titles IV-B and IV-E simultaneously. Those Question/Answer sets were placed in the appropriate sections under titles IV-B and IV-E in the manual and edited accordingly. We reviewed superseded issuances and, on rare occasion, found policy guidance that could be reinstated. For example, ACYF-PIQ-83-07 dealt with unaccompanied refugee minors' eligibility for title IV-E. It was superseded as a result of Title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA). In reviewing the issuance, we found that, if updated to be consistent with the PRWORA, the information therein is still relevant.

·

·

·

·

·

After reviewing the PAs and PIQs, we turned to other sources to identify policy guidance for inclusion in the manual. These sources include:

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· The preamble to the September 18, 1998 Notice of Proposed Rulemaking (63 FR, 50058 50098) and the preamble to the January 25, 2000 Final Rule (65 FR, 4020 - 4093); · The Questions and Answers on the January 25, 2000 Final Rule that were published on our web site; and · Information Memoranda (IM) and Program Instructions (PI). While the purpose of IMs and PIs is respectively, to transmit useful information to the field and provide instruction with respect to the implementation of the programs the Children's Bureau administers, occasionally policy guidance was transmitted through an IM or PI. We did not, however, remove these IMs and PIs from the searchable directory of Program Implementation Issuances available on the our web site at http://www.acf.hhs.gov/programs/cb/laws_policies/index.htm. Effective date of the manual: The manual is effective 09/24/01. How to access the old system: Every PA and PIQ was officially replaced 09/24/01, the date the manual became operational. The Child Welfare Information Gateway has archived the PAs and PIQs and will make them available to the public upon request. Please contact the Clearinghouse by telephone at (800) 394-3366 or email at [email protected].

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Child Welfare Policy Manual References
Commonly Used Acronyms AFCARS - Adoption and Foster Care Analysis and Reporting System AFDC - Aid to Families with Dependent Children APD - Advance Planning Document ASFA - Adoption and Safe Families Act CAP - Cost allocation plan CAPTA - Child Abuse Prevention and Treatment Act CFSR - Child and Family Services Review CPS - Child Protective Services FFP - Federal financial participation GAL - Guardian Ad Litem ICWA - Indian Child Welfare Act IEAP - Interethnic Adoption Provisions (Small Business Job Protection Act) MEPA - Multiethnic Placement Act PRWORA - Personal Responsibility and Work Opportunity Reconciliation Act SACWIS - Statewide Automated Child Welfare Information System SSI - Supplemental Security Income TPR - Termination of parental rights Major Child Welfare Legislation Public Law 93-247 Child Abuse Prevention and Treatment Act Public Law 96-272 Adoption Assistance and Child Welfare Act Public Law 103-66 Omnibus Budget Reconciliation of 1993 Public Law 103-432 Social Security Act Amendments of 1994 Public Law 103-382 Multiethnic Placement Act Public Law 104-188 Small Business Job Protection Act Public Law 104-193 The Personal Responsibility and Work Opportunity Act of 1996 Public Law 104-235 Child Abuse Prevention and Treatment Act Amendments of 1996 Public Law 105-89 The Adoption and Safe Families Act of 1997 Public Law 106-169 The Foster Care Independence Act of 1999 THOMAS - Legislative Information on the Internet Acting under the directive of the leadership of the 104th Congress to make Federal legislative information freely available to the Internet public, a Library of Congress team brought the THOMAS World Wide Web system online in January 1995, at the inception of the 104th Congress. http://thomas.loc.gov/ National Archives and Records Administration - Code of Federal Regulations The Code of Federal Regulations (CFR) is a codification of the general and permanent rules published in the Federal Register by the Executive departments and agencies of the Federal Government. The CFR online is a joint project authorized by the publisher, the National Archives and Records Administration's Office of the Federal Register, and the Government Printing Office (GPO) to provide the public with enhanced access to Government information. http://www.access.gpo.gov/nara/cfr/

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Child Welfare Policy Manual
8.TITLE IV-E
8.1TITLE IV-E, Administrative Functions/Costs

1

Q:

Is the cost of conducting criminal records checks for prospective foster and adoptive parents an allowable administrative cost under title IV-E?

A: The regulations at section 1356.60 (c)(2) allow States to claim costs associated with recruitment and licensing as administrative costs under title IV-E. Since the criminal records check provision is a condition of licensure or approval in States that do not opt out of the provision, costs associated with criminal records checks for prospective foster and adoptive parents are allowable under title IV-E when claimed pursuant to an approved cost allocation plan.

Source:Preamble to the Final Rule (65 FR 4020) (1/25/00)Preamble to the Final Rule (65 FR 4020) (1/25/00) Reference:45 CFR 1356.30 and 1356.60

2

Q:

Can a case assessment be considered an allowable administrative cost?

A: Yes, a case assessment is an allowable administrative cost in the context of case planning. Section 471(a)(16) of the Social Security Act (the Act) requires the State to develop a case plan as defined at section 475(1) of the Act. The development of and ongoing updates to the case plan are allowable costs pursuant to 45 CFR 1356.60(c)(2)(iv). A critical component of case planning is the worker's assessment of the child and family. A case assessment might consider information regarding psychological, developmental, behavioral and educational factors; explore underlying or disguised issues such as family violence or substance abuse; examine the child and the familys needs, strengths, resources and existing support systems; and explore whether it is safe for the child to remain in or return to the home. Furthermore, it could include information on the child's past history, current adjustment, direct observations, and family history. Specialized assessments such as psychiatric, medical or educational assessments are medical or educational services, respectively, and are not, therefore, allowable under title IV-E (45 CFR 1356.60(c) and Child Welfare Policy Manual Section 8.1B). Time spent analyzing specialized assessments to inform the case plan, however, is allowable.

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Source: Reference:Social Security Act - section 471(a)(16), section 475(1) and (5); 45 CFR 1356.60(c); Child Welfare Policy Manual Section 8.1B

3

Q:

May a State use title IV-E administrative funds for such items as beds or smoke detectors to help prospective foster family homes meet licensing standards?

A: Yes. A State may claim title IV-E administrative costs for items such as beds, cribs, and smoke detectors that are needed in order to license or approve a foster family home. These costs are closely related to foster family home recruitment, which is an example of an allowable title IV-E administrative cost in 45 CFR 1356.60. In many States, there are not enough foster family homes to meet the needs of the children in foster care. Therefore, increasing the number of foster family homes through the allowable use of title IV-E administrative funds is appropriate. Any such costs must be allocated through an approved cost allocation plan. Please note that under general appropriations law, the costs of construction and renovation are not allowable without specific affirmative authorization. Title IV-E does not have that affirmative authorization.

Source:06/09/0406/09/04 Reference:Section 474 of the Social Security Act and 45 CFR 1356.60(c)(2)(vii).

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4

Q:

Are the costs of medical exams necessary for a prospective foster parent to obtain and retain a foster family home license or approval an allowable administrative cost under title IV-E?

A: Yes. 45 CFR 1356.60(c)(2)(vii) specifically identifies recruitment and licensing of foster family homes as an example of allowable administrative costs necessary for the administration of the foster care program. If medical exams are necessary for prospective foster parents to obtain or retain a foster family home license or approval, then these costs are allowable as they are directly related to the administration of the program. Any such costs must be allocated through an approved cost allocation plan.

Source:06/09/0406/09/04 Reference:Section 474 of the Social Security Act, 45 CFR 1356.60(c)(2)(vii).

5

Q:

May a State that receives a request for an out-of-State home study from another State pursuant to section 471(a)(26) of the Social Security Act (the Act) claim title IV-E administrative costs to comply with the request?

A: Yes. The requirement in section 471(a)(26) of the Act for a State to conduct an out-of-State home study if requested by another State is a requirement of the State's title IV-E State plan. As such, the costs of performing the home study are 100% allocable to title IV-E and do not have to be allocated to other benefiting programs.

Source:04/24/0704/24/07 Reference:Social Security Act sections 471(a)(26) and 474(a)(3)(E)

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6

Q:

May a State claim administrative costs on behalf of an otherwise eligible child for an entire month when the child is placed in a licensed or approved foster family home or child care institution for less than an entire month?

A: Yes. A State may claim administrative costs from the beginning of the month in which the child meets all eligibility criteria, if the criteria are met for the child at any point during that month. The State is not required to prorate administrative cost claims based on the number of days the child is placed in the foster family home or child care institution.

Source:04/26/0704/26/07 Reference:Social Security Act section 474(a)(3)(E)

8.1ATITLE IV-E, Administrative Functions/Costs, Allowable Costs - Adoption Assistance Program

1

Q:

What are the allowable administrative costs in the title IV-E Adoption Assistance Program?

A: The Social Security Act, at section 474(a)(3)(B), permits States with approved title IV-E plans to be reimbursed at a 50 percent matching rate for the costs of administrative activities as found necessary by the Secretary for the proper and efficient administration of the State plan. 45 CFR 1356.60 (c), entitled "Federal matching funds for other State and local administrative expenditures for foster care and adoption assistance under title IV-E" interprets section 474 (a)(3)(B) of the Act. All of the sections of that regulatory section apply to the administrative expenditures of both the Foster Care and Adoption Assistance Programs. In paragraph (1) of 45 CFR 1356.60 (c), certain identified costs are deemed allowable administrative costs of the Adoption Assistance Program under title IV-E. Federal financial participation for these costs may not be claimed under any other section of Federal regulations or Federal program. They are: the determination and redetermination of eligibility; fair hearings and appeals; rate setting; and other costs directly related only to the administration of the adoption assistance program. In addition, the following administrative costs are also considered to be directly related only to the administration of the Adoption Assistance Program, and are therefore also allowable under 45 CFR1356.60 (c)(1): grievance procedures; negotiation and review of adoption agreements; and post-placement management of subsidy payments.

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The following are examples provided by 45 CFR 1356.60 (c)(2) of allowable administrative costs considered necessary for the administration of the Adoption Assistance Program for which Federal financial participation may be claimed under title IV-E: recruitment of adoptive homes; placement of the child in the adoptive home; case reviews conducted during a specific preadoptive placement for children who are legally free for adoption; case management and supervision prior to a final decree of adoption; a proportionate share of related agency overhead; referral to services; and development of the case plan. The following administrative costs are also considered to be necessary for the proper and efficient operation of the Adoption Assistance Program and are therefore allowable under 45 CFR 1356.60 (c): home studies, and a proportionate share of the development and use of adoption exchanges. Attention is also called to paragraph (3) of 45 CFR 1356.60 (c) and 45 CFR 1356.60 (b)(1)(ii) regarding restrictions on certain types of costs, i.e., social services and limitations on training costs for adoptive parents.

Source:ACYF-CB-PA-83-01 (10/1/80)ACYF-CB-PA-83-01 (10/1/80) Reference:Social Security Act - sections 473 and 474; 45 CFR 1356.60

2

Q:

Under the Adoption Assistance Program, is Federal financial participation (FFP) for administrative costs associated with case review, case management, and supervision prior to a final decree of adoption available only for children in preadoptive placements?

A: Yes. Federal financial participation is available in the costs of the administration of the Adoption Assistance Program beginning when the State determines that: (1) an eligible child (section 473 (a)) cannot or should not be returned to the home of his parents; (2) the goal for the child is adoption (section 473 (c)(1)); and (3) the child has been determined by the State or local agency to be a 'child with special needs' (section 473 (c)). In addition, the child must be legally free for adoption and that the goal of adoption must be documented in the case plan for the child and in the report of the periodic review. Case reviews, case management and supervision are allowable costs only when provided on behalf of a child who is already placed in a preadoptive home. Costs under the Adoption Assistance Program must be directly related to the administration of

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Child Welfare Policy Manual
the Adoption Assistance Program and to children for whom adoption is a definite plan, rather than just a long range goal which may not materialize. Therefore, the child must be in placement in a specific preadoptive home, rather than in a foster care placement where the goal is eventual adoptive placement.

Source:ACYF-CB-PIQ-85-06 (6/5/85)ACYF-CB-PIQ-85-06 (6/5/85) Reference:Social Security Act - section 473

3

Q:

Can a State claim title IV-E administrative costs for activities performed on behalf of a child in a finalized adoption?

A: A State may claim Federal financial participation for activities performed on behalf of a child in a finalized adoption that are consistent with 45 CFR 1356.60(c) and the State's approved cost allocation plan. Under the title IV-E adoption assistance program, a State may claim for administrative activities that occur post-finalization, such as fair hearings and appeals, management of the adoption subsidy, review and renegotiation of the adoption assistance agreement, referral to services, and case management performed to implement an adoption assistance agreement. Furthermore, if the State determines that the adoptive placement is in jeopardy and demonstrates that the adopted child is a candidate for foster care, the State may claim allowable title IV-E administrative costs under the foster care program for activities performed on behalf of the child as a candidate.

Source:8/16/028/16/02 Reference:Social Security Act - section 474(a)(3)(B); 45 CFR 1356.60(c); CWPM Sections 8.1A, 8.1B and 8.1D

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Child Welfare Policy Manual
8.1BTITLE IV-E, Administrative Functions/Costs, Allowable Costs - Foster Care Maintenance Payments Program

1

Q:

Please clarify those pre-placement administrative activities that are considered a service and, therefore, not claimable under title IV-E from those that are allowable administrative functions.

A: A State may claim for any allowable title IV-E administrative cost that comports with or is closely related to one of the listed activities at 45 CFR 1356.60(c)(2). Allowable costs related to pre-placement activities may include the determination of eligibility, preparation for placement, placement and referral costs before the child is placed in foster care.

The administrative costs of referral to service providers (45 CFR 1356.60 (c)(2)(i)) are only for those referrals specifically designed to further the statutory goal of reasonable efforts to prevent removal in section 471(a)(15)(B)(i) of the Social Security Act. Referral to services is limited to the activities of the caseworker and the caseworker's supervisor and does not include investigations or physical or mental examinations or evaluations. The costs of services related to the prevention of placement are not foster care administrative costs and are therefore not reimbursable. A State's cost allocation plan must identify the costs that are allocated and claimed under the program.

Costs that are not reimbursable (under 45 CFR 1356.60 (c)(3)) include those for social services which provide counseling or other treatment to the child, his family, or foster family to remedy home conditions, personal problems or behaviors. Examples of non-reimbursable services include counseling, homemaker or housing services and assisting in reuniting families. These services are not reimbursable regardless of the credentials or training of the provider, e.g., these services provided by a caseworker are unallowable. Further, they are not reimbursable regardless of whether they are provided on a single occasion or as part of a series.

Allowable costs associated with preparation for and participation in judicial determinations (45 CFR 1356.60 (c)(2)(ii)) are limited to the preparation of reports to the court and participation in court proceedings by State or local agency personnel.

Source:ACYF-CB-PA-85-01 (11/18/85); ACYF-CB-PA-87-05 (10/22/87); 7/7/2006ACYF-CB-PA-85-01 (11/18/85); ACYF-CB-PA-87-05 (10/22/87); 7/7/2006 Reference:45 CFR Part 1356.60

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2

Q:

May we claim Federal financial participation (FFP) for the cost of conducting title IV-E eligibility determinations even for children who are not found to be title IV-E eligible?

A: Yes. The determination and redetermination of eligibility (45 CFR 1356.60 (c)(l)) are considered necessary administrative activities in the title IV-E foster care program. Therefore, a State may claim reimbursement for the costs of all determinations and redeterminations of eligibility for title IV-E foster care. These may include negative as well as positive eligibility determinations. Reimbursement for eligibility determination activities is limited to costs involved in the actual verification and documentation of eligibility and may not include the costs of other activities such as judicial determinations, placement of the child or periodic court or administrative reviews. The activities of staff whose responsibilities extend beyond eligibility determination for title IV-E must be allocated to the appropriate program; e.g., foster care maintenance, food stamps, or title XIX medical assistance.

Source:ACYF-CB-PA-87-05 (10/22/87)ACYF-CB-PA-87-05 (10/22/87) Reference:45 CFR Part 1356.60; DHHS Grant Appeals Board Decision No. 844

3

Q:

May the State claim administrative costs for the child of a minor parent?

A: When a child is placed with his/her minor parent, no administrative costs may be claimed on her/his behalf because s/he is not eligible for nor a recipient of title IV-E foster care maintenance payments. The State is merely increasing the amount of the title IV-E foster care maintenance payment made on behalf of the eligible minor parent to accommodate the board and care of the child. In situations where the eligibility of the minor parent and his/her infant is determined separately and the two are placed separately, the State may claim administrative costs for the child because s/he is eligible for and receiving title IV-E maintenance payments in her/his own right.

Source:Questions and Answers on the Final Rule (65 FR 4020) (1/25/00)Questions and Answers on the Final Rule (65 FR 4020) (1/25/00)

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Reference:Social Security Act - section 475 (4)

4

Q:

Can administrative costs for processing and management of foster child health care services be claimed against title IV-E?

A: No. In accordance with sections 474 (a)(3) and 475 (4) of the Social Security Act and 45 CFR 1356.60 (c), administrative costs for the processing and management of health care services for foster children under title IV-E are not allowable. Section 475 (4) defines "foster care maintenance payments" as payments to cover the cost of (and the cost of providing) food, clothing, shelter, daily supervision, school supplies, and a child's personal travel to the child's home for visitation. The provision of health care services is not included in that definition and therefore is not an allowable cost item under title IV-E. Allowable administrative costs are only those administrative expenditures necessary for the proper and efficient administration of the title IV-E State plan.

Source:ACYF-CB-PIQ-85-05 (4/12/85)ACYF-CB-PIQ-85-05 (4/12/85) Reference:Social Security Act - sections 474 (a)(3) and 475 (4); 45 CFR 1356.60 (c)

5

Q:

Is it permissible for a State title IV-B/IV-E agency (State agency) to identify court activities related to title IV-E eligible children and claim title IV-E reimbursement on behalf of the court? Such activities might include docketing of the cases, the time of court staff assigned to review "reasonable efforts" made by the State agency, clerical support, the time spent by referees with title IV-E cases, and expenses such as supplies, space and utilities.

A: No. Section 474 (a)(3) of the Social Security Act (the Act) provides for Federal matching for State administrative expenditures; section 471(a)(2) of the Act specifies that the responsible State agency shall administer the State plan. Accordingly, a State agency may not claim reimbursement for administrative costs under title IV-E for activities being performed by the court. With respect to the activities described in the question, docketing of cases is a required court activity, not a State agency function. The time of court staff assigned to review "reasonable efforts" made by the State agency is likewise a required court activity, and not a State agency function. In this regard, the State agency is required by section 471(a)(15) of the Act to provide

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"reasonable efforts" prior to the placement of a child in foster care to eliminate the need for removal of the child from his home and, when removal is necessary, to provide "reasonable efforts" to make it possible for the child to return home or to make and finalize an alternate permanent living arrangement for the child. The court is required by section 472 (a)(2)(A)(ii) of the Act to determine if the State, in fact, has made "reasonable efforts" to keep the child in his home. Thus, activity related to the "reasonable efforts" determination to be made by the court would not be considered an administrative cost that is reimbursable by the State agency on behalf of the court. Associated clerical and overhead expenses are similarly unallowable.

Source:ACYF-CB-PIQ-92-03 (7/17/92)ACYF-CB-PIQ-92-03 (7/17/92) Reference:Social Security Act - sections 471, 472 and 474

6

Q:

How should the costs of foster parent insurance be claimed, as maintenance payments or as administrative expenditures subject to reimbursement? What types of insurance costs are allowable? Is liability insurance sometimes considered a service? What should be included in the definition of "liability insurance"?

A: Section 475 (4) of the Social Security Act, by including "liability insurance with respect to a child" in the definition of foster care maintenance payments, gives States the option of considering insurance for foster parents as a direct foster care maintenance cost or as an administrative cost of the foster care maintenance program under title IV-E. Some States include payment for insurance coverage in the monthly foster care payment to foster parents; others provide the protection through a group insurance policy or through the State's self-insuring procedures. Using self-insurance, the State may be able to provide broad coverage at low cost. Foster parent insurance should include coverage of damages by a foster child to the home or property of the foster parents and of harm done by a foster child to another party.

Source:ACYF-CB-PIQ-82-04 (1/29/82)ACYF-CB-PIQ-82-04 (1/29/82) Reference:Social Security Act - section 475 (4)

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Q:

If foster parent insurance is an administrative cost when purchased by the State agency, then the State receives a 50% match rather than FMAP. Doesn't this provide a disincentive for the State to take responsibility for insurance of foster parents and encourage the State to have the foster parents obtain their own insurance?

A: Although, under title IV-E, Federal match may be lower for administrative costs than for maintenance costs, there is advantage to the State in assuming the overall responsibility for the protection for foster parents caring for children under the State's custody as a recruitment incentive. If the State chooses to use its self-insuring procedures, it may be able to provide a broad scope of coverage at relatively low cost. Foster parents are valuable resources to the agency, and the provision of protection against possible risks they face in providing care is a strong inducement to participate in the program.

Source:ACYF-CB-PIQ-82-04 (1/29/82)ACYF-CB-PIQ-82-04 (1/29/82) Reference:Social Security Act - sections 424(a) and (c), 475 (4)

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Q:

There appears to be no agreement between insurers on the meaning of "liability insurance". Is the interpretation to include coverage of damages to the home or property of the foster parents as well as coverage for harm done by the child to another party, or accidental harm done by the foster parents to the child?

A: The terminology may be misleading, because foster parents are interested in more than "liability insurance". The correct interpretation includes coverage of damages to the home or property of the foster parents, as well as liability for harm done by the child to another party. In addition, protection against suit for possible malpractice or situations such as alienation of affection are often realistic concerns of persons who care for the children of others. Several States have responded to these concerns by providing coverage for foster parents under a "pooled" liability program which provides in effect a self-insurance for departments of State government. Other States have legislated or otherwise defined foster parents as employees or as persons acting on behalf of the State, thus providing protection to those persons for claims made against them as agents of the State. Some States have purchased insurance coverage for foster parents, although the policies available often do not cover all of the risks incurred.

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Source:ACYF-CB-PIQ-82-04 (1/29/82)ACYF-CB-PIQ-82-04 (1/29/82) Reference:Social Security Act - sections 424(a) and (c), 475 (4)

9

Q:

45 CFR 1355.33 (b) requires the use of "external partners" on the child and family services review team. Can these individuals be paid or compensated?

A: In the regulation, we identified agencies/entities external to the State that participated in the development of the State's Child and Family Services plan as appropriate partners to include on the review team. The State may cover per diem and travel expenses for its external partners' participation to the extent that it so chooses. Moreover, the State may, pursuant to an approved cost allocation plan, allocate the cost of conducting a child and family services review, which may include compensation for the State's external partners, to title IV-E.

Source:Questions and Answers on the Final Rule (65 FR 4020) (1/25/00)Questions and Answers on the Final Rule (65 FR 4020) (1/25/00) Reference:45 CFR 1355.33

10 Q:

Please provide some guidance with respect to the allowable costs for candidates for foster care.

A: Pursuant to section 472(i) of the Social Security Act (the Act) a State may make claims for candidates for foster care for any allowable title IV-E administrative cost that comports with or is closely related to the activities listed at 45 CFR 1356.60(c)(2). Consistent with the law, existing policy and DAB decisions (see DAB Decision Nos. 844 and 1428), pre-placement administrative functions for which States wish to claim FFP must be "closely related" to the administrative cost items specified at 45 CFR 1356.60. Further, the administrative costs of referral to service providers (45 CFR 1356.60(c)(2)(i) are for those referrals specifically designed to further the statutory goal of section 471(a)(15)(B)(i) of the Act (reasonable efforts to prevent removal) and are limited to the activities of agency staff in the referral process only. Allowable costs of preparation for and participation in judicial determinations (45 CFR

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1356.60(c)(2)(ii) are limited to those costs related to preparation of reports to the court and participation in court proceedings by State or local title IV-E agency personnel. Title IV-E administrative costs claimed on behalf of foster care candidates are subject to the same limitations that are in place when such cost items are claimed for children in foster care. For example, investigating claims of child abuse/neglect, physical/mental examinations or evaluations, and completing case progress notes with regard to the delivery of services are not allowable title IV-E administrative functions. Nor do the actual services delivered to foster care candidates in compliance with the reasonable efforts requirements qualify as title IV-E administrative costs.

Source:ACYF-CB-PA-87-05 (10/22/87); ACYF-CB-PA-01-02 (7/3/01); 7/7/2006ACYF-CB-PA-87-05 (10/22/87); ACYFCB-PA-01-02 (7/3/01); 7/7/2006 Reference:Social Security Act - section 472(i)(2); 45 CFR 1356.60; Departmental Appeals Board Decision Nos. 844 and 1428; ACYF-CB-IM-06-02

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11 Q:

¹ May the State claim Federal financial participation (FFP) for the administrative costs of an otherwise title IV-E eligible child who is placed in an unlicensed or unapproved foster family home?

A: Under certain circumstances, yes. The State may claim administrative costs on behalf of an otherwise eligible child placed in an unlicensed or unapproved relative home for 12 months or the average length of time it takes the State to license or approve a foster family home, whichever is less. During this time, an application for licensure or approval of the relative home as a foster family home must be pending (section 472(i)(1)(A) of the Social Security Act). The State is prohibited from claiming administrative costs for a child placed in an unlicensed or unapproved foster family home that is not related to the child. For the purposes of this provision, a relative is defined by section 406(a) of the Social Security Act as in effect on July 16, 1996, and implemented in 45 CFR 233.90(v). ¹ This question was originally deleted from the manual. The answer is new.

Source:8/7/20068/7/2006 Reference:Social Security Act section 472(i)(1)(A), 45 CFR 233.90(v)

12 Q:

May we claim Federal financial participation (FFP) for the administrative costs of otherwise title IV-E eligible children who are placed in public child care institutions that accommodate more than 25 children?

A: In general, no. Section 472(c)(2) of the Social Security Act specifically excludes public child care institutions that accommodate more than 25 children from the definition of "child care institution" therein, making such facilities unallowable under title IV-E. Therefore, a child placed in a public child care institution that accommodates more than 25 children is not eligible for title IV-E, and thus the State may not claim administrative costs on his/her behalf. Nor may the State consider such child to be a candidate for the purpose of claiming title IV-E administrative costs because such child has been removed from the home. However, a State may claim administrative costs on behalf of an otherwise eligible child for the calendar month prior to the month the child moves from an unlicensed or unapproved foster family home or child care institution into one which is licensed or approved (see section 472(i)(1)(B) of the Social Security Act and section 8.1 of the Child Welfare Policy Manual). The

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State must claim any such administrative costs consistent with an approved cost allocation plan.

Source:ACYF-CB-PA-01-02 (7/3/01); 7/17/2006ACYF-CB-PA-01-02 (7/3/01); 7/17/2006 Reference:Social Security Act - section 472(c)(2) and 472(i)(1)(B); Section 8.1 of the Child Welfare Policy Manual

13 Q:

May we claim title IV-E administrative costs for eligible children who receive Supplemental Security Income (SSI)?

A: Yes. An August 17, 1993 memorandum from the Acting Commissioner of the Administration on Children, Youth, and Families to the Administration for Children and Families Regional Administrators allowed a State to include children who are eligible for title IV-E but who are receiving SSI in lieu of title IV-E foster care maintenance payments when determining its administrative cost ratio. This practice was conceptualized by considering these children candidates for foster care. While the policy itself is sound, a child who is in foster care is not a candidate because s/he has already been removed from home. If a child is fully eligible for title IV-E a State's choice to fund that child's board and care through SSI rather than title IV-E does not negate that child's eligibility for title IV-E. The State may, therefore, claim Federal financial participation under title IV-E for title IV-E administrative functions performed on behalf of that child.

Source:ACYF-CB-PA-01-02 (7/3/01)ACYF-CB-PA-01-02 (7/3/01) Reference:Social Security Act - sections 471 and 474

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14 Q:

May a State claim title IV-E administrative funds for the cost of conducting child and family services (CFS) reviews and title IV-E eligibility reviews?

A: Yes, however, a State that seeks to charge the allowable portion of the costs of conducting a CFS review to title IV-E must first amend its cost allocation plan to include CFS review activities. The State must, pursuant to OMB Circular A-87 principles, allocate the costs of the CFS review across benefiting programs and may then charge the portion claimable under title IV-E at the 50 percent rate for Federal financial participation (FFP). Conducting a child and family services review includes preparation for and completion of the statewide assessment, preparation for and the execution of the on-site portion of the review, and developing and implementing a program improvement plan. All costs for a State to prepare and conduct a title IV-E eligibility review, as well as any required PIP development costs, are 100 percent allocable to title IV-E administration. The costs associated with approved PIP activities are also eligible for 100 percent allocation to title IV-E administration. A State should, however, separately allocate costs qualifying as title IV-E training (in accordance with all applicable regulations) for claiming at the 75 percent rate of FFP.

Source:August 16, 2002August 16, 2002 Reference:Social Security Act section 474(a)(3); 45 CFR 1355.20, 33, and 35; Office of Management and Budget Circular A-87, Cost Principles for State and Local Governments

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15 Q:

Is the implementation and operation of a statewide quality assurance system an allowable title IV-E administrative cost?

A: Pursuant to section 471(a)(7) of the Social Security Act (the Act), the State agency is required to monitor and conduct periodic evaluations of its title IV-E program. The operation of a statewide quality assurance system is one acceptable method for complying with section 471(a)(7) of the Act. A statewide quality assurance system will usually include the review of cases other than those that are title IV-E eligible and address issues, such as the effectiveness of the delivery of social services, that do not qualify as title IV-E administration. Only quality assurance system costs associated with title IV-E eligible cases and functions may be claimed for title IV-E reimbursement. A State may amend its cost allocation plan as necessary to include the implementation and operation of a quality assurance system and subsequently claim the allowable title IV-E portion as an administrative expense after allocating costs among all benefiting programs.

Source:8/16/028/16/02 Reference:Social Security Act -- Section 401(a)(7)

16 Q:

Are administrative costs allowable when a child has run away from a foster care placement?

A: Yes, administrative costs are allowable when a child has run away from a foster care placement. The manual states, in section 8.3c.2, Question 3, that if a State retains placement and care responsibility for a child who has run away from a foster care placement, the State must continue to perform title IV-E activities on behalf of such a child, including holding sixmonth periodic reviews and permanency hearings.

Source:6/23/036/23/03 Reference:Section 474 of the Act; 45 CFR 1356.60; Child Welfare Policy Manual Section 8.3c.2

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17 Q:

Can a case assessment be considered an allowable administrative cost?

A: Yes, a case assessment is an allowable administrative cost in the context of case planning. Section 471(a)(16) of the Social Security Act (the Act) requires the State to develop a case plan as defined at section 475(1) of the Act. The development of and ongoing updates to the case plan are allowable costs pursuant to 45 CFR 1356.60(c)(2)(iv). A critical component of case planning is the worker's assessment of the child and family. A case assessment might consider information regarding psychological, developmental, behavioral and educational factors; explore underlying or disguised issues such as family violence or substance abuse; examine the child and the familys needs, strengths, resources and existing support systems; and explore whether it is safe for the child to remain in or return to the home. Furthermore, it could include information on the child's past history, current adjustment, direct observations, and family history.

Specialized assessments such as psychiatric, medical or educational assessments are medical or educational services, respectively, and are not, therefore, allowable under title IV-E (45 CFR 1356.60(c) and Child Welfare Policy Manual Section 8.1B). Time spent analyzing specialized assessments to inform the case plan, however, is allowable.

Source:6/23/036/23/03 Reference:Social Security Act - section 471(a)(16), section 475(1) and (5); 45 CFR 1356.60(c); Child Welfare Policy Manual Section 8.1B

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18 Q:

May a State claim title IV-E administrative funds for the legal services of a child in foster care or his/her parents, such as the parent or child's legal representation in court hearings?

A: No. The regulations at 45 CFR 1356.60(c) specify that Federal financial participation is available at the rate of 50% for administrative expenditures necessary for the proper and efficient administration of the title IV-E State plan. The administrative function specified at 45 CFR 1356.60(c)(2)(ii), preparation for and participation in judicial determinations, concerns the State agency?s representation but not the provision of legal services to a child or parent. Only the State agency?s participation in judicial determinations is an allowable cost.

Source:06/09/0406/09/04 Reference:Section 474 of the Social Security Act, 45 CFR 1356.60(c)(2)(ii).

19 Q:

Does having an approved program improvement plan (PIP) enable a State to claim title IV-E administrative or training costs that otherwise would not be allowable under section 474(a)(3) of the Social Security Act?

A: No. The costs of any administrative activities or training that a State undertakes as a result of a program improvement plan can only be claimed under title IV-E if the costs are allowable under the existing policies, regulations, and statute for claiming FFP. The existence of an approved PIP does not make otherwise unallowable costs allowable under title IV-E.

Source:7/7/20067/7/2006 Reference:45 CFR 1357.10(b)

20 Q:

States are permitted to claim administrative costs for a child placed with a relative for the lesser of 12 months or the average length of time it takes for the State to license or approve a foster home as long as a foster family home application is pending. What happens if the State does not license or approve the relative's home during this period?

A: The State agency must discontinue administrative cost claims on behalf of the child if the

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home is not licensed or approved during the timeframe specified in section 472(i)(1)(A) of the Social Security Act (i.e., at the end of the 12th month or the average time it takes the State to license/approve a foster family home, if less). Furthermore, the statute specifies that a State is permitted to claim administrative costs only if an application for licensure or approval of the home is pending.

Source:8/7/20068/7/2006 Reference:Social Security Act section 472(i)(1)(A)

21 Q:

What administrative costs may a State claim during the one-month period when a child moves from an unallowable facility to a licensed or approved foster family home or child care institution as described at section 472(i)(1)(B) of the Social Security Act?

A: A State may claim any allowable title IV-E administrative cost that comports with 45 CFR 1356.60(c). There are no restrictions on the types of title IV-E administrative activities that States may claim during the one-month period, as long as they are consistent with the examples of allowable administrative costs stipulated in 45 CFR 1356.60(c)(2), such as case management and supervision, or activities that are closely related to those examples. As required in 1356.60(c), the State?s cost allocation plan must identify the costs that are allocated and claimed under the program.

Source:8/7/20068/7/2006 Reference:Social Security Act section 472(i)(1)(B); 45 CFR 1356.60(c)

22 Q:

Section 472(i)(1)(B) of the Social Security Act (the Act) permits States to claim administrative costs for a calendar month prior to the childs move from an unallowable facility to a licensed or approved foster family home or child care institution. Is a State limited in how many times it can apply section 472(i)(1)(B) for the same child?

A: No. The State may claim up to one calendar month of administrative costs pursuant to section 472(i)(1)(B) of the Act each time a child transitions from a facility not eligible for title IV-E payments to a licensed or approved foster family home or child care institution.

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Source:8/7/20068/7/2006 Reference:Social Security Act section 472(i)(1)(B)

23 Q:

May a State claim title IV-E administrative costs as permitted under section 472(i) of the Social Security Act (the Act) for a child placed in an unlicensed or unapproved relative home before completing the background check requirements in section 471(a)(20) of the Act?

A: Yes. The State may claim title IV-E administrative costs in accordance with 472(i) of the Act absent the results of the relative?s background checks, although the State must complete the background check requirements in section 471(a)(20) of the Act before the relative's home can be licensed or approved by the State. The State may claim the administrative costs only during the period specified in the statute and while an application for foster family licensure or approval of the relative home is pending.

Source:01/29/0701/29/07 Reference:Social Security Act sections 471(a)(20) and 472(i)

24 Q:

May the State claim a title IV-E foster care maintenance payment for an allowable provider that covers the entire month if a child is temporarily absent for a portion of the month? For example, the child has run away, goes on a weekend home visit, or is hospitalized for medical treatment during some part of the month.

A: Yes. The State may provide a full month's title IV-E foster care maintenance payment to the licensed provider if the brief absence does not exceed 14 days and the child's placement continues with the same provider. Otherwise, the State must prorate its claims if the child is absent from the placement for more than a reasonable brief period.

Source:1/29/20071/29/2007 Reference:Social Security Act section 472

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25 Q:

May a State claim administrative costs during the unlicensed period that a child is placed in a foster family home whose license has expired, but is in the process of renewal?

A: Under certain circumstances, it is possible that the State may claim administrative costs in this situation. Please see section 8.3A.8c, question 11 of the Child Welfare Policy Manual in which we allow the State to claim administrative costs for the entire month when an otherwise eligible child has resided in a home for the entire month, even if it is only licensed for a portion of the month. Furthermore, if the State's policies allow an expired license to remain in effect until renewed, the child placed in such a home is considered placed in a licensed foster family home, and the State may claim Federal Financial Participation (FFP) during that period. If, however, the State does not consider the expired license to remain in effect, the State may not claim FFP from the beginning of the month after the license expired until the beginning of the month in which the license is re-issued.

Source:04/26/0704/26/07 Reference:Social Security Act section 471(a)(10), Child Welfare Policy Manual section 8.3A.8c, question 11

26 Q:

Section 472(i)(1)(B) of the Social Security Act (the Act) allows a State to claim Federal financial participation (FFP) for allowable