Tribal IV-E and the Fostering Connections to...

1 1

Tribal IV-E and

the Fostering Connections to

Success and Increasing Adoptions

Act

Child Welfare Program Specialists

ACF Children’s Bureau Regions 1,2,5,7,& 8

Adapted from a presentation by Pat Pianko, Region IX and

Jenn Zanella, Region X –

Fostering Connections Tribal Gathering, Seattle

2

What is “Title IV” ?

Federal social welfare legislation is located in Title IV of the

Social Security Act.

• Title IV-A: Temporary Assistance for Needy Families (TANF).

• Title IV-B: Child Welfare Services (Part 1) & Promoting Safe & Stable Families

(Part 2)

• No Title IV-C

• Title IV-D: Child Support Enforcement

• Title IV-E: Foster Care Maintenance, Adoption Assistance, and Kinship

Guardianship Assistance

• Signed into law on October 7, 2008

3

The Fostering Connections to Success and

Increasing Adoptions Act of 2008

1. Ensure Permanent Placements with Relatives

• Option to provide kinship guardianship assistance payments

• Notice to Relatives. Within 30 days of removing a child, identify and notify all adult grandparents and other adult relatives of the child (subject to domestic violence exceptions) of the child’s removal and the relative’s options to become a placement resource.

• Waive non-safety related licensing standards on case-by-case basis for relatives

4


Increasing Adoptions Act of 2008 2. Improve Outcomes for Youth

• For eligible youth up to age 21: option to extend eligibility for IV-E foster care, adoption assistance, and kinship guardianship payments

• Updates the Chafee Foster Care Independence program (CFCIP) and Education and Training Vouchers (ETV) to include providing services to youth who leave foster care for kinship guardianship or adoption on/after age 16.

• Transition Plan. Requires child welfare agencies (IV-B and IV-E) to help youth develop transition plans during the 90 days prior to aging out of foster care.

• Must address housing, health insurance, education, mentors and

continuing support services, and work force supports and employment services, information about health care directives, and an option for the child to execute a health care power of attorney, health care proxy, or other similar document recognized under State law.

5


Increasing Adoptions Act of 2008 3. Increase Adoptions

• Changes the adoption assistance program, including

de-linking a child’s eligibility for AAP from the July 16,

1996 AFDC eligibility requirements

• phased in beginning FY 2010, until 10/1/17, use two different

sets of eligibility criteria: “applicable children;” and not-applicable

children. FY 2018 the “new” eligibility criteria apply to all

children.

6



4. Improve Educational Outcomes

• Educational Stability. Requires child welfare agencies (IV-B and IV-E) to

assure the educational stability of children in foster care, including:

• placement takes into account appropriateness of the current

educational setting, and proximity to child’s school at time of placement;

• ensure child remains in the school in which enrolled at time of

placement;

• or, if remaining in such school is not in child’s best interests,

immediately enroll child in a new school.

7



5. Improve Health/Mental Health Outcomes

• Health Care Oversight Plan. Child welfare agencies (IV-B and IV-E) must

coordinate with the title XIX (Medicaid) agency and consult with

pediatricians, other experts in health care, and experts in and recipients of

child welfare services, in developing a plan for the ongoing oversight and

coordination of health care services, including mental health and dental

health, for any child in a foster care placement.

6. Maintain Sibling Connections

• Requires reasonable efforts be made to place siblings together unless

contrary to the safety or well-being of any of the siblings

• provide for frequent visitation or other ongoing interaction between the

siblings not placed together unless contrary to the safety or well-being of

any of the siblings

8



7. Improve Outcomes for Native American Children and Tribal Access to Resources

• Good Faith Negotiation. States must negotiate in good faith with any

Indian Tribe that requests to develop an agreement with the State to administer all or part of the IV-E program on behalf of Indian children who are under the authority of the Tribe.

• Tribal IV-E. Provides Federally-recognized Indian Tribes, Indian Tribal organizations, and Tribal consortia the option to operate title IV-E directly (effective October 1, 2009).

• Title IV-E requirements apply to Tribes in the same manner as

to States, except as otherwise described in the law.

9



• • Requirements specific to Tribal IV-E Programs:

• Tribal IV-E plan must describe the Tribe’s IV-E service area and

population;

• Tribe has not had any uncorrected significant or material audit exceptions under Federal social services grants or contracts for 3 years prior to the date of plan submission;

• In determining AFDC eligibility for title IV-E, Tribes must use the title IV-A State plan (as in effect July 16, 1996) of the State in which the child resided at the time of removal;

10



• Requirements specific to Tribal IV-E Programs (cont):

• Tribes may use in-kind funds from third-party sources as match

for administrative and training costs, with limits on the amount of in-kind expenditures and types of third-party sources.

• A Tribal Federal Medical Assistance Percentage (FMAP) will be used for certain payments under a Tribal IV-E Program, or under a Tribal State agreement or contract (if higher than State FMAP).

11

What is Title IV-B?

•Title IV-B Subpart 1 (Stephanie Tubbs Jones Child Welfare Services Program) is for the development and expansion of a coordinated child and family services program.

protecting and promoting the welfare of all children;

preventing the neglect, abuse, or exploitation of children;

supporting at-risk families through services which allow children, where appropriate, to remain safely with their families or return to their families in a timely manner;

promoting the safety, permanence, and well-being of children in foster care and adoptive families; and

providing training, to ensure a well-qualified child welfare workforce.

12

What is Title IV-B?

•Title IV-B Subpart 2 (Promoting Safe and Stable

Families) provides funding to develop, expand and

operate a program of:

family preservation,

family support services,

time-limited family reunification services, and

adoption promotion and support services.

•The emphasis is on the use of a family-centered,

comprehensive, flexible, responsive and holistic

approach to child welfare.

13

13

What is Title IV-E?

• An open-ended entitlement program that requires local matching funds.

• Does not fund a complete child welfare program (e.g., prevention, responding to/investigating allegations of CA/N, or reunification/post permanency services).

• Title IV-E provides partial reimbursement on behalf of eligible children for

foster care maintenance payments;

adoption assistance payments

kinship guardianship payments (optional).

allowable administrative costs; and

allowable training costs;

14

Title IV-B vs. IV-E “Plans”

• Title IV-B: Five-year narrative plan of Tribe’s CW

goals, objectives and measures of progress. There is an annual application and reporting process.

• Title IV-E: One time “Pre-Print” plan to demonstrate compliance with IV-E law and regulations by citing Tribal code, policies, procedures, standard forms, etc. The “Pre-print” plan is revised/updated only when necessary or required.

15

Title IV-B vs. Title IV-E

16

The Big Picture: IV-E Infrastructure

17

Nuts and Bolts of Title IV-E

• Program Mandates

• Child Eligibility

• Allowable Costs

• Federal Reimbursement

18

Program Mandates: Case Review System

• Required by both IV-B & IV-E, under 422 (b)(8)(ii) and 475(5) of the SSA

• Case plan, developed jointly with parents, within 60 days

• Court or administrative case reviews every six months

• Permanency hearings every 12 months

• Petition for TPR for children in FC 15 of last 22 months (subject to exceptions on a case by case basis); placement with relative may be an exception

19


• Periodic case reviews:

• Are held every 6 months while child is in foster care to determine:

• the safety of the child,

• the continuing necessity for and appropriateness of the

placement,

• the extent of compliance with the case plan, and

• the extent of progress which has been made toward

alleviating or mitigating the causes necessitating placement in

foster care.

• Project a likely date by which the child may be returned to and

safely maintained in the home or placed for adoption or legal

guardianship.

20


• Permanency hearings every 12 months while child is in

foster care to determine the child’s permanency plan that

includes whether, and if applicable, when the child will be:

1) returned to the parent,

2) placed for adoption,

3) referred for legal guardianship, or

4) placed in another planned permanent living arrangement.

5) in the case of a youth who has attained age 16, determine the

services needed to assist the child to make the transition from

foster care to independent living.

21

Nuts and Bolts of Title IV-E Foster Care –

Eligibility

• “Eligible child” needs to meet certain requirements:

• Judicial findings

• AFDC linkage

• Licensing requirements

• Fully licensed foster family home or childcare institution; and

• Safety requirements and criminal background checks met

• Agency must have placement and care responsibility

• * Need a process to determine initial eligibility and monitor ongoing eligibility, to

ensure proper claiming.

22

• In the removal month, child would have been eligible for AFDC per State AFDC Plan in effect 7/16/96. Eligibility is based on:

•

• Removed from specified relative, and lived with such relative within 6 months of removal;

• Financial need; and

• Deprivation of parental care or support (unemployment,

absent from home, death, or documented physical or mental

incapacity).

AFDC Linkage Requirement

23

• Child must be placed in a foster care facility that meets the

standards for full licensure or approval established by the Tribe

(for homes/facilities on/near reservation), State or other Tribe.

• Probationary, provisional, or interim licenses are not considered

fully licensed.

• May be a family foster home, group home, private childcare

institution, or public childcare institution that accommodates 25

or fewer children.

• No IV-E payments: Detention facilities, forestry camps, training

schools, or other facilities for detaining children adjudged

delinquent.

Licensing Requirements

24

• Prospective foster parents, adoptive parents and relative

guardians must clear criminal background checks,

including finger-print based FBI checks, before IV-E can

be claimed

No felony conviction for child abuse/neglect, spousal

abuse, crime against children (including pornography),

or for a crime involving violence, including rape, sexual

assault, or homicide (not including other physical

assault or battery)

No felony conviction for physical assault, battery, or

drug-related offense within past five years

Safety Requirements

24

25

• Check child abuse and neglect registries in States where the adult resided in preceding five years

prospective foster parents, adoptive parents, relative guardians, and

all other adults residing in their homes

• Child care institution staff

Meet other safety considerations established by the Tribe for licensed child care institutions on/near reservation or by the responsible licensing authority

Safety Requirements

25

26

Title IV-E Foster Care Eligibility

27

IV-E Adoption Assistance Eligibility *

• Child must meet the “special needs” criteria. The child: 1. cannot or should not return home;

2. has a specific factor or condition (defined by State/Tribe) that

makes it reasonable to conclude that the child cannot be placed

without AA or Medicaid;

Note: For “applicable children” this factor is met if child meets all

medical or disability requirements for Supplemental Security

Income (SSI) eligibility (as determined by the IV-E agency)

AND

3. The IV-E agency has made a reasonable but unsuccessful effort to

place the child without AA or Medicaid, except when it would be

against child’s best interest such as having a significant emotional

tie with the foster/adoptive parents.

28

IV-E Adoption Assistance Eligibility *

• The “special needs” child

• Must be eligible for AFDC and removed from the home as a result of a judicial CTW determination (in the first court order), a VPA, or a voluntary relinquishment (CTW from petition filed within 6 months of removal); OR

• Must be eligible for SSI; OR

• Must be the child of a minor parent in title IV-E funded foster care; OR

• Was previously eligible for IV-E adoption assistance but adoptive parents died or adoption dissolved

• Adoption Assistance be signed prior to adoption finalization and amount negotiated cannot exceed what would have been paid on behalf of child if remained in a foster family home. • *** Starting with FY 2010, AFDC linkage begins to be phased out as is

needs-based eligibility for SSI

29

IV-E Adoption Assistance

“Applicable Child”

• New eligibility criteria apply to “applicable children”

• An “applicable child” is a child

• who turns 16 or older in FY 2010 and for whom an

adoption assistance agreement is entered into that same

year; for each subsequent year the age decreases by

two years, OR

• who has been in foster care for 60 consecutive months,

OR

• who is a sibling of an applicable child and placed in the

same adoptive arrangement.

30

Revised IV-E Adoption Assistance Eligibility

Criteria

• An “applicable child” with “special needs” is eligible if he/she:

• at the time of adoption petition, was in the care of a public or private child

placement agency or Indian tribal organization.

• meets the disability or medical requirements of the Supplemental Security

Income (SSI) program, OR

• was residing with a minor parent in foster care who was placed in foster care

by court-order with CTW finding, a voluntary placement, or voluntary

relinquishment, OR

• was eligible for adoption assistance in a previous adoption in which the

adoptive parents have died or had their parental rights terminated.

31

Kinship Guardianship Assistance- Eligibility

• Child must have been eligible for IV-E foster care maintenance while

residing for at least 6 consecutive months in the home of the prospective

relative guardian.

• Title IV-E agency must determine that:

• being returned home or adopted are not appropriate permanency

options;

• child has a strong attachment to the prospective relative guardian,

who is committed to caring for the child permanently; and

• a child 14 years of age or older has been consulted regarding the

kinship guardianship arrangement.

• Siblings of an eligible child placed in same guardianship arrangement

may also be deemed eligible for the Guardianship Assistance Program.

32

Kinship Guardianship Agreement

• Kinship guardianship assistance agreement must be

executed prior to finalizing the guardianship.

• Assistance payment negotiated based the relative guardian’s circumstances and child’s needs, but is not more than the foster family home payment.

33

Title IV-E: Federal Reimbursement

• IV-E does not cover all costs.

• FC maintenance/AA/GAP = # elig. children X FMAP

• Administrative costs = claim at 50%

• Training costs* = claim at 75%

• For those activities that are not child-specific, or apply to multiple programs, need to allocate to all benefitting programs.

• FMAP = Tribal Federal Medical Assistance Percentage rate

• Eligibility rate = % of caseload that is IV-E eligible

• * Certain training costs claimed at a lower rate

37

34

Allowable Title IV-E

Foster Care Maintenance Costs

• Cost of providing food, shelter, daily supervision,

school supplies, personal incidentals, liability

insurance, reasonable travel home for visitation,

and travel for the child to remain in the school in

which the child is enrolled at time of placement.

35

Allowable IV-E Administrative Costs

• Case Planning and Management

• Referral to services, supervision, case planning, case reviews

• Recruitment, licensing studies of foster homes & facilities

• Pre-placement activities

• Eligibility (AFDC) determinations

• General administration - share of related agency overhead (“indirect”) and general agency training (time management, team building, writing, computer skills, etc.)

• Data collection and reporting operation costs (AFCARS)

• Excludes cost of social services provided to child, child’s family, or foster family which provide counseling or treatment to ameliorate or remedy personal problems, behaviors, or home conditions.

36

Allowable IV-E Training Costs

• Initial and in-service training for personnel employed by or preparing

for employment with the IV-E agency

• Short term training of current or prospective foster or adoptive

parents and child care institution staff

• Short-term training for relative guardians, staff of private child welfare

agencies, staff of child abuse and neglect courts, attorneys,

guardians ad litem, and other court-appointed special advocates

(increasing 5% annually from 55% in 2009 to 75% in 2013)

• Travel, per diem, tuition, books, registration

• Salaries/fringe for trainers to conduct or develop training programs

• Cost of space, supplies, postage & purchase and development of

training materials

40

37

Data System Requirement

• AFCARS – Adoption and Foster Care Reporting System – (45 CFR 1355.40)

Twice a year, electronically report data regarding children in foster care and adoption for whom the agency has responsibility for placement, care, or supervision

Report on certain data on all adopted children placed by agency for whom the agency is providing adoption assistance

66 Foster Care Data Elements, 37 Adoption Data Elements

FFP at 50% (planning, implementation, operation)

38

Financial Reporting Requirements

• Quarterly Report of Estimates and Actual Expenditures -

CB-496 form

• Cost Allocation Methodology – the procedures the

agency will use in identifying, measuring and allocating

all agency costs incurred in support of the program. (PI-

10-13)

39

Additional Options to Consider

• Tribal-State Agreements to operate all (or part) of a

State’s IV-E program for children for whom Tribe is

legally responsible for placement and care.

• Tribes with a direct IV-E program or a Tribal-State IV-E

Agreement or contract can receive funds for the Chafee

Independent Living and/or Education & Training Voucher

programs by:

applying directly to the federal DHHS; or

entering into an agreement/contract with the State to receive a

share of the State’s CFCIP/ETV funds.

• States must negotiate in good faith

40

Tribal-State IV-E Agreements

• Tribe has responsibility for placement and care for children in out-of-

home placement.

• States “pass through” Tribe’s claims for reimbursement for a portion

of expenditures on allowable activities for eligible children.

• States will have access to the Tribe’s case records, reports & other

materials to monitor IV-E compliance.

• Tribal case records may be included as part of a Federal IV-E foster

care eligibility review of a State.

40

41

Tribal-State IV-E Agreements

• Tribe or State may have responsibility for:

• Certain administrative activities

• Certain training activities

• Foster home recruitment and licensing

• Guardianship Assistance Program (GAP)*

• Adoption Assistance program

• Independent Living Program (Chafee/Education and Training

Vouchers)

41

42

Title IV-E Planning Resources

• Information About Fostering Connections (PL 110-351):

ACYF-CB-PI-08-05 (October 23, 2008): Overview of law

http://www.acf.hhs.gov/programs/cb/laws_policies/policy/pi/2008/pi0805.pdf

ACYF-CB-IM-08-03 (October 24, 2008): Overview of law directed specifically to Tribes

http://www.acf.hhs.gov/programs/cb/laws_policies/policy/im/2008/im0803.pdf

• Social Security Act: http://www.acf.hhs.gov/programs/cb/laws_policies/cblaws/safe2008draft.htm

• Title IV-B:

ACYF-CB-PI-11-04 (March 23, 2011): Guidance to Tribes for June 30, 2011 submission of the Annual Progress and Services Report (APSR) http://www.acf.hhs.gov/programs/cb/laws_policies/policy/pi/2011/pi1104.pdf

CFSP/APSR Toolkit for Tribes: http://www.acf.hhs.gov/programs/cb/programs_fund/toolkit/tribal.htm


http://www.acf.hhs.gov/programs/cb/laws_policies/policy/im/2008/im0803.pdf

http://www.acf.hhs.gov/programs/cb/laws_policies/cblaws/safe2008draft.htm


http://www.acf.hhs.gov/programs/cb/programs_fund/toolkit/tribal.htm

43


• Title IV-E Agency Plan Pre-print:

ACYF-CB-PI-08-007 (December 24, 2008): Title IV-E State Plan Amendment for the

Assisted Kin Guardianship Program


ACYF-CB-PI-09-08: Title IV-E Plan Pre-Print

http://www.acf.hhs.gov/programs/cb/laws_policies/policy/pi/2009/pi0908.htm

ACYF-CB-PI-10-11: Title IV-E Plan Pre-Print


• Considerations For Indian Tribes, Indian Tribal Organizations Or Tribal Consortia Seeking To

Operate A Title IV-E Program

http://www.acf.hhs.gov/programs/cb/laws_policies/tribal_considerations.pdf




http://www.acf.hhs.gov/programs/cb/laws_policies/tribal_considerations.pdf

44


• Information Technology:

ACYF-CB-PI-11-08: Waiver Process for Commercial Off-the-Shelf Software Products


ACYF-CB-PI-11-07: Advance Planning Document (APD) process used to obtain approval of

Federal financial participation (FFP) for acquiring automated data processing equipment and

services. http://www.acf.hhs.gov/programs/cb/laws_policies/policy/pi/2011/pi1107.pdf

ACYF-CB-PI-09-11: Federal Information Technology Policy – Conditions for Federal Financial

Participation for Tribal Automated Information Technology Projects


ACYF-CB-IM-09-02: Automation Requirements And Options For Tribes Operating A Title IV-E

Program http://www.acf.hhs.gov/programs/cb/laws_policies/policy/im/2009/im0902.htm

• National Resource Centers for Training and Technical Assistance

http://www.acf.hhs.gov/programs/cb/tta/index.htm




http://www.acf.hhs.gov/programs/cb/laws_policies/policy/im/2009/im0902.htm

http://www.acf.hhs.gov/programs/cb/tta/index.htm

45


• Children’s Bureau website: Laws and Policies - http://www.acf.hhs.gov/programs/cb/laws_policies/index.htm#cwpm

Child Welfare Policy Manual

Information Memoranda

Program Instructions

Compilation of Titles IV-B and IV-E of the Social Security Act

Federal Child Welfare Legislation

Code of Federal Regulations (e.g., 45 CFR 1355, 1356, 1357)

AFCARS

• Tribal ListServ maintained for Tribal representatives interested in Federal child welfare programs and policies. To join the listserv, please provide the name of the Tribe you represent, your name and E-mail address to Steve Keplinger at [email protected].

• Regional Office Staff

http://www.acf.hhs.gov/programs/cb/laws_policies/index.htm%23cwpm

mailto:[email protected]


46

Training and Technical Assistance

• Free onsite T/TA available to IV-B Tribes to strengthen

child welfare practice

• 12 National Resource Centers (NRCs), including new

NRC for Tribes

• To access, contact the NRCs and your RO Liaison

47

Regional Office Contacts

• Region I

• Program Manager: Bob Cavanaugh, [email protected],

617-565-2449

• Nancy Pickett, Tribal IV-B/IV-E, [email protected], 617-

565-2460

• Michael Callis, Tribal Fiscal, [email protected], 617-565-

2448

• Merrill Burckart, Tribal Fiscal, [email protected], 617-565-

1116.

• Chris Arciero, Tribal Fiscal, [email protected], 617-565-

2472.

47






• Region II

• Junius Scott, Program Manager, [email protected], 212-

264-2890, ext. 145

• Shari Brown, Tribal IV-B/IV-E, [email protected], 212-264-

2890, ext. 125

• Jing Lin, Tribal Fiscal, [email protected], 212-264-2890, ext. 138

48




• Region V

• Angela Green, Program Manager, [email protected], 312-

353-9672

• Irene Carillo, Program Specialist, [email protected], 312-

886-4934

• Ruby Flagg, Program Specialist, [email protected], 312-886-

4202

• Cindy Lowder, Tribal IV-B/IV-E, [email protected], 312-

886-4918

• Lori Kelly, Tribal IV-B/IV-E, [email protected], 312-353-4239

• Zenia Haynes, Tribal Fiscal, [email protected], Tribal

Fiscal, 312-353-7796

• Cynthia Leggett, Tribal Fiscal, [email protected], 312-

886-4916

49








• Region VII

• Rosalyn Wilson, Program Manager, [email protected],

816-426-2262

• Mary McKee, Tribal IV-B/IV-E, [email protected], 816-426-

2263

• Steven Schuckmann, Tribal Fiscal,

[email protected], 816-426-2289

50




• Region VIII

• Marilyn Kennerson, Program Manager,

[email protected], 303-844-1163

• Eric Busch, Program Specialist, [email protected], 303-844-1134

• Leslie Decker, Tribal IV-B/IV-E, [email protected], 303-844-7997

• Tim Koehn, Tribal IV-B/IV-E, [email protected], 303-844-1209

• Glennda Lacey, Tribal IV-B/IV-E, [email protected], 303-844-

1174

• Sam Martinez, Tribal IV-B/IV-E, [email protected], 303-844-1204

• Shirley Mondragon, Tribal IV-B/IV-E, [email protected], 303-

844-7451

• Gloria Montgomery, Tribal IV-B/IV-E, [email protected], 303-

844-1181

• Loraine Trudell, Tribal IV-B/IV-E, [email protected], 303-844-

1210

• Susan Glenn, Tribal Fiscal, [email protected], 303-844-7292

51











52

THANK YOU

Tribal IV-E and the Fostering Connections to...

Documents

Transcript of Tribal IV-E and the Fostering Connections to...