[Federal Register Volume 74, Number 48 (Friday, March 13, 2009)]
[Notices]
[Pages 10920-10922]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-5505]
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Administration for Children and Families
Request for Public Comment Concerning Requirements for
Transferring Children From the Placement and Care Responsibility of a
State Title IV-E Agency to a Tribal Title IV-E Agency and Tribal Share
of Title IV-E Administration and Training Expenditures
AGENCY: Department of Health and Human Services, Administration for
Children and Families, Administration on Children, Youth and Families.
ACTION: Request for Public Comment and Tribal Consultation Meetings.
-----------------------------------------------------------------------
SUMMARY: Effective October 1, 2009, Public Law 110-351 provides Indian
Tribes with the option to operate a foster care, adoption assistance
and, at Tribal option, a kinship guardianship assistance program under
title IV-E of the Social Security Act (the Act). The Federal government
would share in the costs of Tribes operating an ACF-approved title IV-E
program. Public Law 110-351 requires that ACF develop interim final
rules after consulting with Tribes and affected States on the
implementation of the Tribal plan requirements in section 479B of the
Act and other amendments made by the Tribal provisions in section 301
of Public Law 110-351. The law requires that such regulations include:
(1) Procedures to ensure that a transfer of State responsibility for
the placement and care of a child under a State title IV-E plan to a
Tribal title IV-E plan occurs in a manner that does not affect the
child's eligibility for title IV-E or title XIX Medicaid and such
services or payments; and, (2) the in-kind expenditures from third-
party sources permitted for the Tribal share of administration and
training expenditures under title IV-E. This notice is designed to
provide a written opportunity for comment to all interested persons,
and specifically the affected States and to notify Tribal leaders of
in-person opportunities to consult with the Children's Bureau on the
development of these regulations.
DATES: Written comments must be submitted to the office listed in the
ADDRESSES section below on or before May 12, 2009. Please see
SUPPLEMENTARY INFORMATION for additional details on the Tribal
consultation meetings.
ADDRESSES: Interested persons may submit written comments by any of the
following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
[[Page 10921]]
E-mail: [email protected]. Please include ``Request
for Public Comment on Tribal IV-E Requirements'' in the subject line of
the message.
Mail or Courier Delivery: Miranda Lynch, Division of
Policy, Children's Bureau, Administration on Children, Youth and
Families, Administration for Children and Families, 1250 Maryland
Avenue, SW., 8th Floor, Washington, DC 20024.
Instructions: Please be aware that mail sent to us may take an
additional 3-4 days to process due to changes in mail handling
resulting from the anthrax crisis of October 2001. If you choose to use
an express, overnight, or other special delivery method, please ensure
first that they are able to deliver to the above address. We urge you
to submit comments electronically to ensure they are received in a
timely manner. All comments received will be posted without change to
www.regulations.gov including any personal information provided.
Comments provided to us during a meeting or in writing in response to
this Federal Register notice will receive equal consideration by ACF.
FOR FURTHER INFORMATION CONTACT: Miranda Lynch, Children's Bureau, 1250
Maryland Ave., SW., 8th Floor, Washington, DC 20024; (202) 205-8138,
[email protected].
SUPPLEMENTARY INFORMATION:
Title IV-E Background
The Fostering Connections to Success and Increasing Adoptions Act
of 2008, Public Law 110-351 was enacted on October 7, 2008. Prior to
the law's enactment, the title IV-E program provided States and
territories (hereafter, ``States'') with Federal funds to support
eligible children in foster care, eligible children with special needs
in adoptions, and to assist the State with the administrative expenses
of operating the title IV-E program. The law, as amended, permits
Federally-recognized Indian Tribes, Tribal organizations or consortia
(hereafter, ``Tribes'') to apply to ACF to operate a title IV-E program
beginning October 1, 2009. By law, the requirements of the title IV-E
statute apply to such Tribes ``in the same manner as this part applies
to a State'' (section 479B(b) of the Act), with limited exceptions.
Public Law 110-351 also provides limited funding, beginning in Federal
fiscal year (FY) 2009, for Tribes that intend to submit an application
to ACF for direct funding of the title IV-E program that apply for a
grant to assist in developing a title IV-E plan. Finally, the law
codifies a Tribe's ability to enter into agreements and contracts with
State title IV-E agencies to share in the administration of the title
IV-E programs on behalf of Indian children in their placement and care
responsibility.
In addition to creating this opportunity for Tribes, the law
permits title IV-E agencies who choose to do so to administer a new
kinship guardianship assistance program under title IV-E, revises the
eligibility criteria for the title IV-E adoption assistance program,
allows title IV-E agencies to choose to extend title IV-E foster care,
adoption assistance, and kinship guardianship payments to youth who
meet certain conditions up to age 21, among other changes to the title
IV-B and IV-E requirements. The entire law and issuances related to the
new provisions can be found on the Children's Bureau's Web site at
http://www.acf.hhs.gov/programs/cb.
Implementation of the Tribal Title IV-E Plan
The law limits exceptions or modifications to the title IV-E
statutory requirements for Tribes that will directly operate a title
IV-E program to those granted in the law (i.e., the ability for Tribes
to define their own service areas, Tribal licensing standards and
flexibility to use nunc pro tunc and affidavits to meet judicial
determination requirements in the first 12 months of operation of the
Tribal title IV-E plan). This means that Tribes wishing to operate
their own title IV-E plan must adhere to the following requirements:
Secretarial approval of a plan to operate a title IV-E
foster care (per section 472 of the Act) and adoption assistance
program (per section 473 of the Act) that complies with the applicable
title IV-E plan requirements in sections 471(a) and definitions in
section 475 of the Act;
Tribal title IV-E plan provisions in section 479B of the
Act;
Regulations in 45 CFR 1355 and 1356 or incorporated by
cross-reference, except to the extent that such regulations either have
been superseded by Public Law 110-351 or are not applicable at this
time to directly-funded Tribes (e.g., regulations requiring title IV-E
eligibility reviews and Child and Family Services Reviews); and,
Federal reporting requirements as required by the
Secretary (section 471(a)(6) of the Act).
Transfer of Placement and Care of Title IV-E Children
The law requires the Secretary to issue interim final rules on the
transfer of children in foster care under a State title IV-E plan to
the placement and care responsibility of a Tribe under a directly-
funded Tribal title IV-E plan to ensure that the children maintain
their eligibility for title IV-E and title XIX Medicaid. We note that
the Indian Child Welfare Act (ICWA) of 1978 provides existing statutory
direction for State courts to transfer certain child custody
proceedings--including foster care--involving Indian children to the
jurisdiction of Indian courts. The Bureau of Indian Affairs, Department
of the Interior, has also issued guidelines regarding such transfers in
``Guidelines for State Courts--Indian Child Custody Proceedings'' (see
44 FR 67584, November 26, 1979).
Tribal Share of Title IV-E Administration and Training Expenditures
Tribes whose title IV-E plans are approved by the Secretary may
receive Federal reimbursement of a share of title IV-E allowable
administrative and training costs (section 479B(c)(1)(D) of the Act).
As of October 1, 2009, the law permits such Tribes, but not States, to
use in-kind funds from third-party sources in contributing their Tribal
share of such costs. The law establishes initial provisions for
permitted third-party sources and sets specific limits on the
percentage of the Tribal share that may be used for title IV-E
purposes. The law requires HHS to develop interim final regulations on
the Tribal share provisions to apply beginning in FY 2012.
Opportunity To Comment
Interim final rules are final rules that have immediate effect
without the Federal agency first issuing and inviting public comment on
a notice of proposed rulemaking. Because the law requires us to
promulgate interim final regulations on the limited topics of the
procedures to effect the transfer of children from State to directly-
funded Tribal title IV-E plans and the in-kind third party match
sources and percentages in consultation with Indian Tribes, Tribal
organizations, Tribal consortia, and affected States we will hold in-
person Tribal consultation meetings to discuss these topics. Affected
States may submit written comments on these issues. Specifically, we
are seeking comments on the following:
Considering that the Secretary is to apply title IV-E of
the Act to Tribes in the same manner as to States except where directed
by law, what, if any, provisions and clarifications related to the
title IV-E program for directly-funded Tribes should be in regulations?
[[Page 10922]]
Are guidelines above and beyond those provided pursuant to
the ICWA needed to execute the transfer of placement and care
responsibility of a title IV-E Indian child to a Tribe operating a
title IV-E plan? If, so please provide suggestions.
What specific information pertaining to title IV-E and
title XIX Medicaid should a State make available to a Tribe that seeks
to gain placement and care responsibility over an Indian child?
Should the third-party sources and in-kind limits on
Tribal administrative and training costs remain consistent with section
479B(c)(1)(D) of the Act? Please provide a rationale for this response.
Any other comments regarding the development of an interim final
rule per section 301(e) of Public Law 110-351 are welcome. Please note,
however, that this request is limited in scope and is not intended to
solicit comments on the remaining provisions of Public Law 110-351.
Tribal Consultation
We invite Tribal leaders and/or the representatives of Federally
recognized Tribes to attend consultation meetings that will be held
across the United States to provide their input on the issues subject
to regulations as explained below. Tribal leaders and/or their
representatives who choose to attend a consultation session must
register at least one week in advance of the meeting date by contacting
the applicable Children's Bureau (CB) Regional Program Manager.
Registered participants for the consultation session may submit written
remarks in advance, or present them in oral or written form at the
consultation session. Tribal leaders and/or their representatives,
regardless of whether they participate in the consultation session, may
provide written comments as noted in the ADDRESSES section. Finally,
please note that Federal representatives attending the consultation
sessions will not be able to respond directly during the session to the
concerns or questions raised by participants. The consultation sessions
and contact information are listed below:
Thursday, March 26, 2009--Region V
Park Plaza Bloomington Hotel, 4460 West 78th Street Circle,
Bloomington, MN 55435.
Region includes: Illinois, Indiana, Michigan, Minnesota, Ohio and
Wisconsin.
Contact: Carolyn Wilson-Hurey, CB Regional Program Manager, phone
(312) 353-4237 or e-mail [email protected].
Friday, March 27, 2009--Region VII
Federal Office Building, 601 E 12th Street, Kansas City, MO 64106.
Region includes: Iowa, Kansas, Missouri and Nebraska.
Contact: Rosalyn Wilson, CB Regional Program Manager, phone (816)
426-2262 or e-mail [email protected].
Thursday, April 9, 2009--Region X
2201 Sixth Avenue, Seattle, WA 98121-1827.
Region includes: Alaska, Idaho, Oregon and Washington.
Contact: John Henderson, CB Regional Program Manager, phone (206)
615-2482 or e-mail [email protected].
Friday, April 17, 2009--Region VIII
Byron Rogers Federal Building, 1961 Stout Street, Denver, CO 80294.
Region includes: Colorado, Montana, North Dakota, South Dakota,
Utah and Wyoming.
Contact: Marilyn Kennerson, CB Regional Program Manager, phone
(303) 844-3100 or e-mail [email protected].
Monday, April 27, 2009--Region IX
90 7th Street--Conf. Rm. B040 and B020, San Francisco, CA 94103.
Region includes: Arizona, California, Hawaii, Nevada, Outer
Pacific--American Samoa, Commonwealth of the Northern Marianas,
Federated States of Micronesia (Chuuk, Pohnpei, Yap), Guam, Marshall
Islands and Palau.
Contact: Sally Flanzer, CB Regional Program Manager, phone (415)
437-8400 or e-mail [email protected].
Thursday, April 30, 2009--Region VI
1301 Young Street, Room 1119, Dallas, TX 75202.
Region includes: Arkansas, Louisiana, New Mexico, Oklahoma and
Texas.
Contact: June Lloyd, CB Regional Program Manager, phone (214) 767-
8466 or e-mail [email protected].
Wednesday, May 13, 2009--Regions I, II & IV
Semi-Annual meeting of the United Southern and Eastern Tribes.
Paragon Casino Resort Hotel, 711 Paragon Place, Marksville, LA
71351.
Region I includes: Connecticut, Maine, Massachusetts, New
Hampshire, Rhode Island, and Vermont.
Contact: Bob Cavanaugh, CB Regional Program Manager, phone (617)
565-1020 or e-mail [email protected].
Region II includes: New Jersey, New York, Puerto Rico and the
Virgin Islands.
Contact: Junius Scott, CB Regional Program Manager, phone (212)
264-2890 or e-mail [email protected].
Region IV includes: Alabama, Mississippi, Florida, North Carolina,
Georgia, South Carolina, Kentucky and Tennessee.
Contact: Ruth Walker, CB Regional Program Manager, phone (404) 562-
2901 or e-mail [email protected].
Dated: March 9, 2009.
Curtis Coy,
Acting Assistant Secretary for Administration.
[FR Doc. E9-5505 Filed 3-12-09; 8:45 am]
BILLING CODE 4184-01-P