An Overview of The Fostering Connections to Success and Increasing Adoptions Act of 2008

1. An Overview ofThe Fostering Connections to Success and Increasing Adoptions Act of 2008 U.S. Department of Health and Human Services Administration for Children and Families Children�s Bureau

2. Agenda General overview of the law Commonly Asked Questions Resources and looking forward Questions We will take some questions today, and will answer to the extent we are able. Please send your questions to your regional office so that we have a record of them

3. The Fostering Connections to Success and Increasing Adoptions Act of 2008 The President signed the Fostering Connections to Success and Increasing Adoptions Act of 2008 (Public Law 110-351) into law on October 7, 2008. The law amends the Social Security Act to Extend and expand adoption incentives through FY2013 Create an option to provide kinship guardianship assistance payments Create an option to extend eligibility for title IV-E foster care, adoption assistance and kinship guardianship payments to age 21 De-link adoption assistance from Aid to Families with Dependent Children (AFDC) eligibility Provide federally recognized Indian Tribes, Indian Tribal organizations and Tribal consortia with the option to operate a title IV-E program Among many other related provisions�

4. Kinship Guardianship Assistance Payments Creates a new plan option for States and Tribes to provide kinship guardianship assistance payments under title IV-E for relatives taking legal guardianship of children who have been in foster care. Adds a new section to provide requirements for the kinship guardianship assistance program. I am going to quickly go over the major requirements�I am going to quickly go over the major requirements�

5. Eligibility for Kinship Guardianship Assistance Payments To be eligible for kinship guardianship assistance payments, an eligible child must: have been eligible for title IV-E foster care maintenance payments while residing for at least 6 consecutive months in the home of the prospective relative guardian. Further, the title IV-E agency must determine that: being returned home or adopted are not appropriate permanency options for the child; the child has a strong attachment to the prospective relative guardian and that the guardian is committed to caring for the child permanently; and a child 14 years of age or older has been consulted regarding the kinship guardianship arrangement

6. Kinship Guardianship Agreements and Amount Law requires that a kinship guardianship assistance agreement be negotiated and entered into with the relative guardian. The amount of a kinship guardianship assistance payment must be no greater than the amount of the foster care maintenance payment which would have been paid on behalf of the child if the child remained in a foster family home. The agreement must include specific information such as the payment amount, and the manner of payments and payment adjustments. The agreement must include specific information such as the payment amount, and the manner of payments and payment adjustments.

7. Other Provisions The State or Tribe may make kinship guardianship assistance payments on behalf of siblings of an eligible child who are placed together with the same relative in the same guardianship arrangement. Provides categorical eligibility for Medicaid to children receiving title IV-E kinship guardianship assistance payments.

8. CFCIP and ETV Amends the Chafee Foster Care Independence Program (CFCIP) to add the purpose of providing services to youth who after age 16 leave foster care for kinship guardianship or adoption. Amends the Education and Training Voucher (ETV) Program to permit vouchers for youth who after attaining age 16 enter into kinship guardianship or are adopted from foster care.

9. Title IV-E Guardianship Demonstration Projects Permits States to claim title IV-E for continued assistance or services for children who were receiving assistance or services under a title IV-E guardianship demonstration project as of September 30, 2008 if that demonstration project is terminated.

10. Title IV-E and Case Plan Requirements Modifies a title IV-E plan requirement to require procedures for fingerprint-based criminal records checks of relative guardians and child abuse and neglect registry checks of relative guardians and all household adults before a relative guardian may receive title IV-E kinship guardianship assistance payments on behalf of a child. Amends the case plan provisions to require descriptions about the appropriateness of guardianship as a permanent plan, among other items, for a child whose plan is to receive title IV-E kinship guardianship assistance. Effective date: Upon enactment (October 7, 2008).

11. Family Connection Grants Authorizes the Secretary to award competitive, matching grants to State, local, or Indian Tribal child welfare agencies, and private non-profit organizations for the purpose of helping children who are in or are at-risk of entering into foster care reconnect with family members through: (1) kinship navigator programs; (2) efforts to find biological family and reestablish relationships; (3) family decision making meetings; or, (4) residential family treatment programs. Effective Date: Upon enactment (October 7, 2008). Appropriates $15 million each year (FY2009-2013), $5 million appropriated for kinship navigator Set-asides for evaluation (3%) and TA (2%)Appropriates $15 million each year (FY2009-2013), $5 million appropriated for kinship navigator Set-asides for evaluation (3%) and TA (2%)

12. Option to Extend Title IV-E Foster Care, Adoption & Guardianship to Age 21 Adds a new definition of �child� for title IV-E by amending section 475 of the Act to define �child� as: (1) an individual who has not yet turned 18 years old; or, (2) at State/Tribal option, an individual in foster care, or an individual adopted or in kinship guardianship (if a title IV-E assistance agreement became effective after the child turned age 16) who has not attained 19, 20, or 21 years when the youth meets prescribed conditions for continued payments.

13. Option to Extend Title IV-E Foster Care, Adoption & Guardianship to Age 21 The conditions for continued title IV-E payments apply to youth over age 18 and require the youth to be: completing secondary school (or equivalent), enrolled in post-secondary or vocational school; or participating in a program or activity that promotes or removes barriers to employment; or employed 80 hours a month; or incapable of any of these due to a documented medical condition.

14. Option to Extend Title IV-E Foster Care, Adoption & Guardianship to Age 21 Amends the existing definition of a child care institution to include a supervised setting in which an individual who has attained 18 years of age is living independently, consistent with conditions the Secretary establishes in regulations. Effective Date: October 1, 2010

15. Short-Term Training Permits title IV-E agencies to claim the costs of short-term training of: relative guardians Licensed/approved child welfare agency staff providing services to children receiving title IV-E assistance child abuse and neglect court personnel agency, child or parent attorneys guardians ad litem court appointed special advocates The FFP rate of Federal reimbursement for such training costs changes each year over a five-year period. Effective date: Upon enactment (October 7, 2008) subject to a phased in application of the applicable FFP rate. Phase-in:55 percent for additional trainee groups in FY 2009; 60 percent in FY 2010; 65 percent in FY 2011; 70 percent in FY 2012; 75 percent in FY 2013 and thereafter. Phase-in:55 percent for additional trainee groups in FY 2009; 60 percent in FY 2010; 65 percent in FY 2011; 70 percent in FY 2012; 75 percent in FY 2013 and thereafter.

16. Reauthorization of Adoption Incentives Program Extends the Adoption Incentive Program through FY 2013 and update the �base year� used to measure increases to FY 2007 Doubles incentive payment amounts for special needs (from $2,000 to $4,000) and older child adoptions (from $4,000 to $8,000) Creates a �highest ever� foster child adoption rate payment for exceeding the highest foster child adoption rate since 2002. Effective date: Upon enactment (October 7, 2008). Highest ever- This incentive is available only if there are any remaining funds after awarding foster child, special needs and older child adoption incentive payments Highest ever- This incentive is available only if there are any remaining funds after awarding foster child, special needs and older child adoption incentive payments

17. Adoption Assistance Program Makes changes to adoption assistance by delinking a child�s eligibility from the AFDC requirements and changes other program requirements, with most changes taking effect beginning in FY2010.

18. Revised Adoption Assistance Eligibility Criteria Beginning in FY 2010, a child with special needs who is an applicable child is eligible under the revised criteria if the child: at the time of the initiation of adoption proceedings the child was in the care of a public or private child placement agency by way of a voluntary placement, voluntary relinquishment or a court-ordered removal with a judicial determination that remaining at home would be contrary to the child�s welfare; or meets the disability or medical requirements of the Supplemental Security Income (SSI) program; or, was residing with a minor parent in foster care (who was placed in foster care by way of a voluntary placement, voluntary relinquishment or court-ordered removal); or, was eligible for adoption assistance in a previous adoption in which the adoptive parents have died or had their parental rights terminated.

19. �Applicable Child� The revised adoption assistance eligibility criteria are phased-in from FY 2010 to FY 2018 based on whether the child is defined as �an applicable child,� which primarily relates to the age of the child in the year the agreement is entered into. The revised program rules apply for children who: turn 16 or older in FY 2010 and for whom an adoption assistance agreement is entered into that same year; then each subsequent year the age to apply the revised program rules decreases by two years (e.g., children who turn 14 or older in FY 2011 and children who turn 12 or older in FY 2012) until children of any age are eligible according to the new eligibility criteria in FY 2018. Beginning in 2010, to a child who has been in foster care for 60 consecutive months (5 years) or is a sibling to a child who is eligible due to his age or length in foster care.

20. Revised Adoption Assistance Program Requirements A title IV-E agency is required to spend an amount equal to any savings in agency expenditures under title IV-E as a result of applying the new program rules to applicable children for a fiscal year for services permitted under title IV-B or IV-E Children who have special needs but who are not citizens or residents of the U.S. and were either adopted in another country or brought to this country for the purposes of adoption are categorically ineligible for adoption assistance, except if the child meets the eligibility criteria after the disruption of the international adoption Effective date: Upon enactment (October 7, 2008), subject to the phase-in for certain provisions.

21. Direct Title IV-E Funding to Indian Tribes & Related Provisions Allows federally recognized Indian Tribes, Indian Tribal organizations and Tribal consortia to apply to receive title IV-E funds directly for foster care, adoption assistance and, at Tribal option, kinship guardianship assistance Title IV-E applies to Tribes in the same manner as it applies to States, except as otherwise described in the law. Creates definitions and plan requirements specific to programs operated by Tribes.

22. Tribal Title IV-E Plan A Tribal title IV-E plan must demonstrate that the Tribe has not had any uncorrected significant or material audit exceptions under Federal grants or contracts relating to the administration of social services for 3 years prior to the date of plan submission A Tribal title IV-E plan must also describe the Tribe�s title IV-E service area and population

23. Tribal Title IV-E Requirements For the first 12 months that a Tribe�s plan is in effect, the Tribe may use nunc pro tunc orders and affidavits to verify reasonable efforts and contrary to the welfare determinations for title IV-E foster care eligibility For the purposes of determining AFDC eligibility for title IV-E, Tribes must use the title IV-A State plan (as in effect as of July 16, 1996) of the State in which the child resided at the time of removal

24. Tribal Use of In-Kind Funds Allows Tribes receiving title IV-E to use in-kind funds from third-party sources as match for administrative and training costs, but places limits in statute on the amount of in-kind expenditures and types of third-party sources and authorizes the Secretary to set future limits in regulation (section 479B(c)(1)(D)).

25. Tribal FMAP Outlines the formulation of a Tribal Federal Medical Assistance Percentage (FMAP) to be used for direct title IV-E funding to Tribes which takes into consideration the Tribe�s service area and population. Requires the application of the Tribal FMAP, if higher than the State FMAP, for certain payments under title IV-E agreements and contracts between States and Tribes.

26. Tribal CFCIP Creates an option for Tribes with an approved title IV-E plan or a Tribal/State agreement to directly receive a portion of the State�s Chafee Foster Care Independence Program (CFCIP) allotment to provide services for Tribal youth Adds a new title IV-E plan requirement and a new CFCIP plan requirement for a State to negotiate in good faith with Tribes on title IV-E or CFCIP agreements as described in the law. Effective date: October 1, 2009 Effective date is for all tribal provisions I have discussed so far�Effective date is for all tribal provisions I have discussed so far�

27. Tribal Technical Assistance and Grants to Support Title IV-E Plan Development Requires HHS to provide technical assistance and implementation services to Tribes seeking to operate title IV-B and IV-E programs or enter into cooperative agreements with States. HHS is authorized to make one-time grants of up to $300,000 to Tribes that apply for funding to assist in developing a title IV-E plan to implement a title IV-E program directly. $3 million is directly appropriated by the law for FY 2009 and each fiscal year thereafter for the technical assistance and grants. Effective date: Upon enactment (October 7, 2008). If the Tribe does not submit a title IV-E plan within 24 months of receiving the grant, the Tribe must repay the grant funds to HHS unless the Secretary waives the requirement because the failure to apply was due to circumstances beyond the Tribe�s control If the Tribe does not submit a title IV-E plan within 24 months of receiving the grant, the Tribe must repay the grant funds to HHS unless the Secretary waives the requirement because the failure to apply was due to circumstances beyond the Tribe�s control

28. Additional Title IV-E Plan Requirements The law also adds the following title IV-E plan provisions: Due diligence to provide notice to relatives of a child�s removal from home Assurances that certain children are enrolled in elementary/secondary school, have finished school, or cannot attend school due to a medical condition Reasonable efforts to place siblings together and facilitate visitation or interaction for those who cannot be so placed Information to prospective adoptive parents of the Federal adoption tax credit Discretion to waive non-safety licensing standards for relative foster family homes and a report to Congress on relative FFH licensure Effective dates: Upon enactment (October 7, 2008), with delays permitted for States who require legislation to implement title IV-E plan requirements. See PI for details. See PI for details.

29. Other Provisions The law also contains the following provisions: Educational stability case plan requirement Travel to school added to foster care maintenance payment definition Title IV-B plan health oversight and coordination plan requirements Transition plan for emancipating youth added to case review system requirements Access to Federal Parent Locator Service Effective dates: Upon enactment (October 7, 2008) with delays permitted for title IV-E plan requirements. See PI for details. See PI for details.

30. Commonly Asked Questions GAP: How do states elect to operate a GAP program? Operation of a GAP program requires the submission of an approvable title IV-E plan amendment to ACF. To claim administrative costs, the title IV-E agency will also need to amend its cost allocation plan. Further instructions are provided in ACYF-PI-08-07. Must a child be determined eligible for title IV-E foster care maintenance payments to receive title IV-E GAP payments? Yes, among other criteria, to be eligible for title IV-E kinship guardianship assistance payments, a child must have been: 1) removed from his or her home pursuant to a voluntary placement agreement or as a result of a judicial determination that continuation in the home would be contrary to the welfare of the child; and 2) eligible for title IV-E foster care maintenance payments during at least a six consecutive month period during which the child resided in the home of the prospective relative guardian who was licensed or approved as meeting the licensure requirements as a foster family home.

31. Commonly Asked Questions GAP: What are the safety requirements that prospective relative guardians must meet? The title IV-E agency must conduct fingerprint-based criminal records checks of the national crime information databases of the relative guardian(s) and child abuse and neglect registry checks of relative guardian(s) and other adults living in the guardian's home consistent with section 471(a)(20)(C) of the Act. If the prospective relative guardian has previously received the background checks as a foster parent, the State can consider the requirement of section 471(a)(20)(C) of the Act met without conducting new background checks. (Consistent with existing policy, if the State has established an appropriate timeframe that such background checks remain valid and such timeframe has not expired for the prospective relative guardian.)

32. Commonly Asked Questions GAP: What are the sibling provisions in the GAP program? The title IV-E agency may make kinship guardianship assistance payments pursuant to a kinship guardianship agreement on behalf of each sibling of an eligible child who is placed with the same relative under the same kinship guardianship arrangement. The title IV-E agency and the relative guardian must agree that the sibling placement is appropriate. Nonrecurring expenses are also available to such siblings. The Act does not require that the title IV-E agency place siblings with the relative guardian of the child simultaneously with the title IV-E eligible child for the siblings to qualify for payment. The sibling does not have to meet the GAP eligibility criteria to receive kinship guardianship assistance payments or for the legal guardian to be reimbursed for the nonrecurring expenses related to costs of the legal guardianship.

33. Commonly Asked Questions Short-term Training: How will the costs of training for the new categories of trainees be claimed? Title IV-E agencies may claim costs for the new categories of trainees at a phased-in FFP as follows: 55 percent for additional trainee groups in FY 2009; 60 percent in FY 2010; 65 percent in FY 2011; 70 percent in FY 2012; 75 percent in FY 2013 and thereafter. Allowable training costs must be addressed in the title IV-E agency's title IV-B training plan in accordance with 45 CFR 1356.60(b)(2) and in an approved cost allocation plan. Updates to the training plan in response to P.L. 110-351 are not due before the June 30, 2009 Child and Family Services plan submission deadline. Specific guidance for this submission will be issued at a later date.

34. Resources ACYF-CB-PI-08-05 on the new law in general ACYF-CB-IM-08-03 providing information on Tribal title IV-E ACYF-CB-PI-08-07 on the kinship guardianship assistance program Stay tuned for future guidance from the Children�s Bureau including new QAs in the Child Welfare Policy Manual and a revised title IV-E pre-print.

35. Questions?