{ "id": "RL32836", "type": "CRS Report", "typeId": "REPORTS", "number": "RL32836", "active": false, "source": "EveryCRSReport.com", "versions": [ { "source": "EveryCRSReport.com", "id": 306638, "date": "2005-03-29", "retrieved": "2016-04-07T19:48:41.043029", "title": "Child Welfare: An Analysis of Title IV-E Foster Care Eligibility Reviews", "summary": "Title IV-E of the Social Security Act authorizes states to seek federal reimbursement for certain\ncosts\nof providing foster care for children who can no longer safely remain in their homes. The statute\npermits states to make a claim for federal reimbursement of costs that are linked to providing foster\ncare to each federally eligible child. In FY2003, the most recent year for which data are available,\nstates sought federal reimbursement under this authority for approximately $4.5 billion in foster care\ncosts. The U.S. Department of Health and Human Services (HHS), periodically conducts Title IV-E\nFoster Care Eligibility Reviews to ensure that states are properly determining the eligibility of\nchildren for federal foster care support and are thus making correct claims for reimbursement.\n \n Federal eligibility for foster care is defined in Section 472 of the Social Security Act and is also\ndescribed in regulations. A child is eligible for federal foster care if (1) a judge has made certain\ndeterminations regarding the necessity of his/her removal from the home, regarding the timely efforts\nof the state child welfare agency to prevent the child\u2019s removal, and regarding timely efforts\nto find\na new permanent home for the child; (2) if (except for the removal from his or her home) the child\nwould have met the state\u2019s program requirements for the Aid to Families with Dependent\nChildren\n(AFDC) program (as that program existed on July 16, 1996); (3) the child is placed in a licensed\nfoster family home that is determined to be safe or in an otherwise eligible licensed care facility; and\n(4) the child is the care and placement responsibility of the state.\n \n Title IV-E eligibility reviews are designed primarily to improve program management in the\nfederal foster care program. A January 25, 2000 rule established the current form of the review and\nincludes certain checks that flow from the 1997 Adoption and Safe Families Act ( P.L. 105-89 ),\nwhich are intended to ensure both the safety of children in foster care and the timely actions of the\nstate child welfare agency to establish permanence for children. Since all aspects of the new rule\nbecame effective, HHS has conducted reviews in 43 states; of these, 16 were found not to be\nsubstantially compliant with Title IV-E foster care eligibility rules. Requirements associated with\njudicial determinations dominated as reasons for cases being found ineligible, making up 61% of\nerrors. Time limits for obtaining judicial determinations concerning permanency planning created\na significant challenge for states. Safety and licensing disqualifications constituted 24% of errors. \nProblems were due mainly to lack of documentation to verify that state safety requirements were\nmet. Provisions related to AFDC eligibility made up 15% of all errors. About half of AFDC errors\nwere related to income rules, while the rest were linked to other program rules such as establishment\nof \u201cdeprivation.\u201d Only 1% of errors were a result of the responsibility and care of the\nchild not being\nvested with the state.\n \n This report provides an overview of the current Title IV-E Foster Care Eligibility Review\nprocess and a discussion of state performance on available reviews conducted after the January 25,\n2000 rule\u2019s effective date. This report will be updated as additional state performance\nreports\nbecome available.", "type": "CRS Report", "typeId": "REPORTS", "active": false, "formats": [ { "format": "HTML", "encoding": "utf-8", "url": "http://www.crs.gov/Reports/RL32836", "sha1": "38cf12e958e6e69e19a8181212a8b048bc9dd017", "filename": "files/20050329_RL32836_38cf12e958e6e69e19a8181212a8b048bc9dd017.html", "images": null }, { "format": "PDF", "encoding": null, "url": "http://www.crs.gov/Reports/pdf/RL32836", "sha1": "daecb480ffa869a02b4869c1e11340782d9a0b65", "filename": "files/20050329_RL32836_daecb480ffa869a02b4869c1e11340782d9a0b65.pdf", "images": null } ], "topics": [] } ], "topics": [ "Domestic Social Policy" ] }