[Federal Register Volume 63, Number 234 (Monday, December 7, 1998)]
[Notices]
[Pages 67484-67485]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-32388]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Administration for Children and Families


Request for Public Comment Concerning the Impact of the Adoption 
and Safe Families Act of 1997 on Adjudicated Juvenile Delinquents Whose 
Foster Care Placements are Funded Through Title IV-E of the Social 
Security Act

AGENCY: Administration on Children, Youth and Families, Administration 
for Children and Families, Department of Health and Human Services.

ACTION: Notice of request for public comment.

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SUMMARY: The Children's Bureau, in the Administration on Children, 
Youth and Families, administers the title IV-E

[[Page 67485]]

foster care maintenance program which provides funds to States to 
assist them in meeting the needs of certain children who are removed 
from their homes and placed in foster care. Federal financial 
participation (FFP) is available for a portion of the costs States 
incur in their placement and care responsibilities for title IV-E 
eligible children. The Children's Bureau plans to issue guidance 
clarifying policy and regulations for the foster care maintenance 
program with respect to children who have been adjudicated delinquent. 
We think it is critical that we receive input from a wide variety of 
sources and perspectives prior to issuing any guidance. On July 28, 
1998, Federal staff attended the National Juvenile Justice Roundtable 
on the Adoption and Safe Families Act of 1997 (ASFA) in Arlington, 
Texas to begin the consultation process for identifying and clarifying 
the issues related to applying the ASFA to children who are adjudicated 
delinquent. This notice invites public comment on issues and concerns 
which have been identified in the course of examining the ASFA and its 
implications for title IV-E eligible children who have been adjudicated 
delinquent. These comments will assist the Children's Bureau in 
clarifying the policy and regulatory framework within which title IV-E 
operates and is administered.

DATES: Written comments must be submitted to the office listed in the 
ADDRESSES section below on or before January 6, 1999.

ADDRESSES: Mail written comments (in duplicate) to Kathy McHugh, 
Director, Division of Policy, Children's Bureau, 330 C St., SW., 
Washington, DC 20447. Respondents may also provide comments 
electronically at [email protected].

FOR FURTHER INFORMATION CONTACT: Joe Bock, Child Welfare Program 
Specialist, Children's Bureau, 330 C St., SW., Washington, DC 20447; 
(202) 205-9632. [email protected].

SUPPLEMENTARY INFORMATION: Congress authorized the title IV-E program 
with the intent that it would benefit children who were subjected to 
abuse and/or neglect in their homes. Some children who have been 
adjudicated delinquent, however, are appropriately served by the title 
IV-E program, as well. Specifically, those children who meet the title 
IV-E eligibility criteria and who present with child protection and/or 
dependency issues, in addition to their delinquent status, may be 
eligible for title IV-E foster care. States must meet all title IV-B 
and IV-E program and/or eligibility requirements with respect to 
children who are adjudicated delinquent, including the case plan and 
case review protections afforded them at sections 422(b)(10) and 
471(a)(16) of the Social Security Act (the Act).

Eligibility of the Child

    States have been challenged in their attempts to meet the title IV-
B and IV-E requirements within a juvenile justice framework. 
Particularly challenging for States are the statutory eligibility 
requirements for a State to obtain judicial determinations to the 
effect that:
     Remaining at home is contrary to a child's welfare;
     The State agency (or the juvenile justice agency with an 
agreement that is in effect between it and the State child welfare 
agency) has made reasonable efforts to prevent the child's removal;
     The State agency (or the juvenile justice agency with an 
agreement that is in effect between it and the State child welfare 
agency) has made reasonable efforts to reunify the child and family; 
and
     The State agency (or the juvenile justice agency with an 
agreement that is in effect between it and the State child welfare 
agency) has made reasonable efforts to make and finalize an alternate 
permanent placement if the child is not able to return home.
    Yet, these judicial determinations embody the critical protections 
that Congress requires with respect to children who are title IV-E 
eligible and differentiate between the adjudicated delinquents who are 
appropriately served through the title IV-E program and those who are 
not.

Eligibility of the Facility

    States have also experienced difficulty in meeting title IV-E 
requirements in a juvenile justice framework with respect to claiming 
reimbursement for foster care maintenance payments.
    The statute, at section 472(c)(2), specifically excludes ``. . . 
detention facilities, forestry camps, training schools, or any other 
facility operated primarily for the detention of children who are 
determined to be delinquent . . .'' from the definition of ``child-care 
institution,'' thereby prohibiting the expenditure of title IV-E funds 
for children placed in such facilities. Some States are inappropriately 
claiming title IV-E reimbursement for children placed in facilities 
that are not child-care institutions as defined at section 472(c)(2) of 
the Act and are, therefore, ineligible facilities.
    On November 19, 1997, the President signed into law the Adoption 
and Safe Families Act of 1997, Public Law 105-89. The ASFA emphasizes 
and seeks to strengthen the original goals of Public Law 96-272: 
safety; permanency; and child and family well-being. It does so, in 
part, by emphasizing individual parental responsibility and State 
accountability for moving children to permanency in a timely manner 
through accelerated statutory time frames for meeting certain case 
review system requirements. These shorter time frames will increase the 
challenges to States in meeting title IV-B and IV-E requirements for 
the juvenile justice population.
    The challenges presented in the ASFA have compelled us to review 
our policies regarding the application of title IV-B and IV-E program 
and/or eligibility requirements for children who are adjudicated 
delinquent. We request comments that address issues stemming from the 
following:
    (1) The requirements to:
     Obtain judicial determinations regarding contrary to the 
welfare (section 472(a)(1) of the Act) and reasonable efforts (required 
at section 472(a)(1) and defined at section 471(a)(15) of the Act); 
and,
     Develop case plans, hold six-month administrative reviews, 
hold permanency hearings, and comply with the requirement to file a 
petition to terminate parental rights when a child has been in foster 
care for 15 out of the most recent 22 months (required at sections 
422(b)(10) and 471(a)(16) of the Act and defined at sections 475(1), 
(5), and (6) of the Act);
    (2) The requirements for ensuring children's safety, both in their 
homes and in foster care;
    (3) The requirements for expediting permanency;
    (4) Setting parameters for and defining appropriate child-care 
facilities, from a title IV-E perspective, in which children who are 
adjudicated delinquent may be placed; and
    (5) The types of technical assistance States will need to implement 
the ASFA for the juvenile justice population.

    Dated: November 20, 1998.
James A. Harrell,
Deputy Commissioner, Administration on Children, Youth and Families.
[FR Doc. 98-32388 Filed 12-4-98; 8:45 am]
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