[Federal Register Volume 65, Number 160 (Thursday, August 17, 2000)]
[Notices]
[Pages 50203-50204]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-20857]


-----------------------------------------------------------------------

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Administration for Children and Families


Request for Public Comment on Contracting for the Performance of 
Title IV-E Administrative Functions

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

ACTION: Notice of request for public comment.

-----------------------------------------------------------------------

[[Page 50204]]

SUMMARY: The Children's Bureau, in the Administration on Children, 
Youth and Families, administers the title IV-E program which providers 
funds to States to assist 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 operating the foster care maintenance payments program.
    We have received a number of inquiries regarding the requirements 
and/or restrictions associated with State's contracting for the 
performance of title IV-E administrative functions. In light of the 
range and complexity of the questions posed by States, we would like to 
examine the issues raised more closely. This notice invites public 
comment on State practices in contracting for the performance of title 
IV-E administrative functions. Based on comments received, we will 
determine the need for additional guidance related to contracting for 
the performance of specific title IV-E administrative functions.
    Section 471(a)(5) of the Social Security Act requires States to `` 
* * * use such methods relating to the establishment and maintenace of 
personnel standards on a merit basis * * *'' Under a merit system of 
personnel administration, certain administrative functions must be 
performed by State agency employees. Functions that must be retained by 
the State agency are referred to as ``inherently governmental.'' Office 
of Management and Budget Circular A-76, ``Performance of Commercial 
Activities,'' defines ``inherently governmental functions,'' i.e., 
those that must be performed by government employees, as ``* * * those 
activities which require either the exercise of discretion in applying 
Governmental authority or the use of value judgment in making decisions 
for the Government * * *'' The determination of a child's eligibility 
for title IV-E is, for example, an inherently governmental function.
    We are requesting that respondents express their views with regard 
to how the legal prohibition against contracting out inherently 
governmental functions is consistent with, and its implications for, 
existing State practice, as well as plans for future contracting. It 
would assist our decision-making if respondents from State child 
welfare agencies would identify which, if any, title IV--E 
administrative functions the State currently contracts out. Please 
identify those considerations you would like us to take in developing 
additional policy guidance, in the event we determine it is warranted.

DATES: In order to be considered, written comments in response to this 
Notice must be received September 18, 2000.

ADDRESSES: Please address written comments to: Kathy McHugh, Director 
of Policy, Children's Bureau, Administration on Children Youth and 
Families, 330 C Street, SW., Room 2411, Washington, DC 20447. Comments 
will not be accepted electronically, by telephone, or by fax.

FOR FURTHER INFORMATION CONTACT: Joe Bock, Child Welfare Program 
Specialist Children's Bureau, Administration on Children, Youth, and 
Families at (202) 205-9632.

    Dated: August 10, 2000.
Patricia Montoya,
Commissioner, Administration on Children, Youth and Families.
[FR Doc. 00-20857 Filed 8-16-00; 8:45 am]
BILLING CODE 4184-01-M