State Plan for Foster Care and Adoption Assistance: Title IV-E of the Social Security Act

ATTACHMENT B

AGENCY PLAN AMENDMENT FOR TITLE IV-E OF THE SOCIAL SECURITY ACT
FOSTER CARE AND ADOPTION ASSISTANCE
STATE/TRIBE OF _______________

U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES
ADMINISTRATION FOR CHILDREN AND FAMILIES
CHILDREN'S BUREAU
November 2011

As a condition of the receipt of Federal funds under title IV-E of the Social Security Act (hereinafter, the Act), the

__________________________________________________________________
(Name of State/Tribal Agency)

submits here a plan for the programs to provide, in appropriate cases, foster care and adoption assistance, and if the State/Tribal agency elects, guardianship assistance, under title IV-E of the Act and hereby agrees to administer the programs in accordance with the provisions of this plan, title IV-E of the Act, and all applicable Federal regulations and other official issuances of the Department.

The official text of laws, regulations and official issuances governs, and the State/Tribal agency acknowledges its responsibility to adhere to them regardless of the fact that, for purposes of simplicity, the specific provisions printed herein are sometimes paraphrases of, or excerpts and incomplete quotations from, the full text. Statutory citations refer to provisions in title IV-E of the Social Security Act. Regulatory citations refer to provisions in 45 CFR Parts 1355 and 1356.

The State/Tribal agency understands that if and when title IV-E is amended or regulations are revised, a new or amended plan for title IV-E that conforms to the revisions must be submitted.

Federal Regulatory/ Statutory References	Requirement	State Regulatory, Statutory, and Policy References and Citations for Each
	SECTION 2. FOSTER CARE MAINTENANCE PAYMENTS
475(1)(G)	D. CASE REVIEW SYSTEM 1. Case Plan o. a plan for ensuring the educational stability of the child while in foster care, including-- i. assurances that each placement of the child in foster care takes into account the appropriateness of the current educational setting and the proximity to the school in which the child is enrolled at the time of placement; and ii. an assurance that the State/Tribal agency has coordinated with appropriate local educational agencies (as defined under section 9101 of the Elementary and Secondary Education Act of 1965) to ensure that the child remains in the school in which the child is enrolled at the time of each placement; or iii. if remaining in such school is not in the best interests of the child, assurances by the State/Tribal agency and the local educational agencies to provide immediate and appropriate enrollment in a new school, with all of the educational records of the child provided to the school; and
475(5)(I)	6. Annual Credit Reports Each child in foster care under the responsibility of the State/Tribe who has attained 16 years of age receives without cost a copy of any consumer report (as defined in section 603(d) of the Fair Credit Reporting Act) pertaining to the child each year until the child is discharged from care, and receives assistance (including, when feasible, from any court-appointed advocate for the child) in interpreting and resolving any inaccuracies in the report.

ATTACHMENT I

C E R T I F I C A T I O N

I hereby certify that I am authorized to submit the title IV-E Plan on behalf of

________________________________________________________
(Designated State/Tribal Agency)

Date___________________________________

_______________________________________ (Signature) _______________________________________ (Title)

APPROVAL DATE___________________________________

EFFECTIVE DATE:_______________________________________ _______________________________________ (Signature, Associate Commissioner, Children's Bureau)

Title IV-E Plan – State of __________________________

ATTACHMENT III

STATE ASSURANCES

I hereby assure that the State agency administering the title IV-E programs will spend an amount equal to the amount of savings (if any) in State expenditures under title IV-E resulting from the application of section 473(a)(2)(A)(ii) to all applicable children for a fiscal year to provide to children or families any service (including post adoption services) that may be provided under this part or part B, and will document how such amounts are spent, including on post-adoption services.

On behalf of _______________________________________________________
(Designated State Agency)

Date___________________________________

_______________________________________ (Signature) _______________________________________ (Title)

APPROVAL DATE___________________________________

EFFECTIVE DATE:_______________________________________ _______________________________________ (Signature, Associate Commissioner, Children's Bureau)

Title IV-E Plan - Tribe of ______________ ATTACHMENT IV

TRIBAL ASSURANCES

1. I hereby assure that the Tribal agency administering the title IV-E programs will provide:

a) foster care maintenance payments under section 472 only on behalf of children who satisfy the eligibility requirements of section 472(a);

b) adoption assistance payments under section 473 pursuant to adoption assistance agreements only on behalf of children who satisfy the eligibility requirements for such payments under that section;

c) if applicable, kinship guardianship assistance payments in accordance with section 473(d) only on behalf of children who meet the requirements of section 473(d)(3); and

d) the State plan approved under section 402 in effect on July 16, 1996, of the State in which the child resides at the time of the removal from the home shall apply to the determination of whether the child satisfies section 472(a)(3).

2. I hereby assure that the Tribal agency administering the title IV-E programs will spend an amount equal to the amount of savings (if any) in Tribal expenditures under title IV-E resulting from the application of section 473(a)(2)(A)(ii) to all applicable children for a fiscal year to provide to children or families any service (including post adoption services) that may be provided under this part or part B, and will document how such amounts are spent, including on post-adoption services.

On behalf of _______________________________________________________
(Designated Tribal Agency)

Date___________________________________

_______________________________________ (Signature) _______________________________________ (Title)

APPROVAL DATE___________________________________

EFFECTIVE DATE:_______________________________________ _______________________________________ (Signature, Associate Commissioner, Children's Bureau)