[Federal Register Volume 59, Number 159 (Thursday, August 18, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-20008]


[[Page Unknown]]

[Federal Register: August 18, 1994]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Administration for Children and Families

45 CFR Part 1355

RIN 0970-AB05

 

Title IV-B and Title IV-E of the Social Security Act: Data 
Collection for Foster Care and Adoption

AGENCY: Administration on Children, Youth and Families (ACYF), 
Administration for Children and Families (ACF), HHS.

ACTION: Technical correction to final rule.

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SUMMARY: The Administration on Children, Youth and Families is making 
technical corrections to Appendices A, B, C and D to 45 CFR Part 1355 
of a final rule on data collection for foster care and adoption under 
titles IV-B and IV-E of the Social Security Act. These corrections will 
assist States in complying with the requirements for submitting data.

DATES: This correction is effective August 18, 1994.

FOR FURTHER INFORMATION CONTACT:
Daniel H. Lewis, Deputy Associate Commissioner, Children's Bureau, 
Administration on Children, Youth and Families, (202) 205-8618.

SUPPLEMENTARY INFORMATION:

Background

    The Administration on Children, Youth and Families published a 
final rule on December 22, 1993 (58 FR 67912), which implemented the 
requirements of section 479 of the Social Security Act. This section 
requires the Secretary to publish regulations that implement a system 
for the collection of adoption and foster care data in the United 
States. All States that administer State plans under titles IV-B and 
IV-E and IV-E of the Social Security Act are subject to this rule.

Discussion of Correction to Appendix A to 45 CFR Part 1355

    The Notice of Rulemaking (NPRM), published September 27, 1990 (55 
FR 39540), for the adoption and foster care reporting system (AFCARS) 
in Appendix A, Definitions of Foster Care Data Elements, proposed to 
require that element number I.,D., The Child's Record Number

    Must be unique to each child in the State * * *, must remain 
with the child throughout every reporting quarter (sic) and must be 
used whenever the child re-enters the foster care system * * *. The 
reporting number cannot be linked to the child's case I.D. number 
except at the State or local level.

    The final rule, published December 22, 1993 (58 FR 67912), for the 
same data element, in response to comments from nine States eliminated 
this requirement and instead defined element D, Record Number as

    The sequential number which the State uses to transmit data to 
the Department of Health and Human Services (DHHS). The record 
number cannot be linked to the child's case I.D. number except at 
the State or local level.

    Because it is important for DHHS to be able to do quality assurance 
checks on the submitted data, and to be able to use the universe of 
cases submitted in AFCARS to develop and draw samples for case record 
reviews at the State level, a State must retain the listing which 
matches the sequential record number used for case data submittal to 
the State case I.D. number for at least three years.
    When this requirement was explained to the Technical Assistance 
Advisory Group (a group of representatives from 10 States which 
provides advice to DHHS and its technical assistance contractor in 
implementing the AFCARS requirement), they raised major objections and 
requested instead that States be allowed to use the State's case I.D. 
number or that States be allowed to maintain a unique identifier which 
will remain the same for each case through the child's stay in foster 
care, as was first proposed in the NPRM.
    This technical correction will allow States the option of using the 
sequential number or to have a unique number which follows the child as 
long a he/she is in foster care.
    Because confidentiality has been a source of concern both to States 
and to advocates, no consideration has been given to allowing States to 
use State case I.D. numbers in the submittal of information. To assure 
that a unique reporting number will not present a problem in 
confidentiality for those States willing to adopt this methodology, 
DHHS will provide to carry every State which requests it sample 
algorithms which will enable them to encode existing client I.D. 
numbers into a DHHS unique reporting number.

Correction to Appendix B to 45 CFR Part 1355

    In Appendix B to 45 CFR Part 1355, on Adoption data elements, the 
instructions for the element on State/Federal Adoption Support in 
Section VIII., A., is being corrected by deleting the reference to two 
Federal programs (titles XIX and XX) that were erroneously included in 
paragraph A. This will eliminate confusion concerning what actually 
must be reported as a subsidy.

Correction to Appendix C to 45 CFR Part 1355

    We are correcting a typographical error and changing the number of 
characters referred to in Appendix C, Electronic Data Transmission 
Format, the third column of page 67931. The reason for the change in 
characters is explained below under the correction explanation for 
Appendix D.

Correction to Appendix D to 45 CFR Part 1355

    In Appendix D, we are correcting the number of numeric characters 
for the Appendix A data element, ``Record number'', changing 6 
characters to 12. This will accommodate the additional numbers a State 
may have to use if it chooses the option of providing a unique number 
for each child, using the encoding method, when it submits the required 
data.

Waiver of Notice and Comment Procedures

    The Administrative Procedure Act (5 U.S.C. 553(b)) requires that a 
notice of proposed rulemaking be published unless the Department finds, 
for good cause, that such notice and opportunity for public comment is 
impracticable, unnecessary, or contrary to the public interest. In this 
instance, the corrections to Appendices A, B, C and D are technical in 
nature. They in no way change the policy set forth in the final rule. 
Accordingly, the Department has determined that it would be unnecessary 
to use notice and comment procedures in issuing this correction to the 
Appendices.

Impact Analyses

    As the only purpose of this rule is to correct the Appendices in 
order to assist States in complying with the final rule, no impact 
analyses is required.

(Catalog of Federal Domestic Assistance Program Numbers 93.658 
Foster Care Maintenance; 93.659, Adoption Assistance; 93.645, Child 
Welfare Services--State Grants)

    Dated: August 9, 1994.
Neil J. Stillman,
Deputy Assistant Secretary for Information Resources Management.

    For the reasons set forth in the preamble, Appendices A, B, C, and 
D to 45 CFR Part 1355 in the final rule published on December 22, 1993 
at 58 FR 67912 are corrected as follows:
    1. Appendix A to Part 1355, page 67927, column one, Section I.,D. 
is corrected to read as follows:

I. * * *

    D. Record Number**--The sequential number which the State uses 
to transmit data to the Department of Health and Human Services 
(DHHS) or a unique number which follows the child as long as he or 
she is in foster care. The record number cannot be linked to the 
child's case I.D. number except at the State or local level.
* * * * *
    2. Appendix B to Part 1355, page 67931, column one, section VIII., 
A., is corrected to read as follows:

VIII. State/Federal Adoption Support

* * * * *
    A. Is The Child Receiving a Monthly Subsidy?
    Enter ``yes'' if this child was adopted with an adoption 
assistance agreement under which regular subsidies (Federal or 
State) are paid.
* * * * *
    3. In Appendix C to Part 1355, page 67931, column three, Section 4, 
paragraph (3) is corrected to read as follows:
* * * * *
    (3) All records must be a fixed length. The Foster Care Detailed 
Data Elements Record is 145 characters long and the Adoption 
Detailed Data Elements Record is 72 characters long. The Foster Care 
Summary Data Elements Record and the Adoption Summary Data Elements 
Record are each 172 characters long.
* * * * *
    4. In Appendix D to Part 1355, Section A.1., in the table on page 
67932, the second line of the last column ``No. of numeric 
characters'', the number ``6'' is corrected to read ``12''; and in the 
same column, last line, number ``139'' is corrected to read ``145''.

[FR Doc. 94-20008 Filed 8-17-94; 8:45 am]
BILLING CODE 4148-01-M