[Federal Register Volume 77, Number 3 (Thursday, January 5, 2012)]
[Proposed Rules]
[Pages 467-468]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-33336]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Administration for Children and Families
45 CFR Part 1355
Notice of Tribal Consultation Meetings Regarding How the Current
SACWIS Regulations Affect Tribes Administering a Title IV-E Program
AGENCY: Children's Bureau, ACYF, ACF, HHS.
ACTION: Notice of Tribal Consultation.
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SUMMARY: Title IV-E rules provide Federal Financial Participation (FFP)
through a beneficial cost allocation methodology if a State or Tribe
implements a comprehensive Statewide Automated Child Welfare
Information System (SACWIS) to track and manage child protection,
foster care and adoption assistance activities. With the continuing
implementation of the Fostering Connections to Success and Increasing
Adoptions Act of 2008 (Pub. L. 110-351) we wish to analyze the impact
of the State-centric SACWIS rules on Tribes and Tribal child welfare
agencies, to determine if Tribes have sufficient flexibility and
latitude to build information systems that will meet their business
needs.
The Children's Bureau's (CB) Division of State Systems (DSS) has
been assigned responsibility to undertake consultation with Tribes in
this area. To offer Tribes the opportunity for informed comment on the
implications that the State-centric rules have on their ability to
build and operate information systems that will support their title IV-
E programs, we will provide an education session on the SACWIS
regulations. This will be followed by a consultation to listen to the
concerns and ideas from Tribal leaders and their representatives about
the existing SACWIS rules and how CB can support title IV-E Tribal
agencies in building information systems that will meet their business
needs. We propose two such combined meetings via teleconferences to
reach a broad audience of interested parties. The teleconference on
February 15, 2012, is intended for consultation with Tribal leaders;
the teleconference on February 16, 2012, is intended to engage in
consultation with their representatives.
DATES: The meeting dates and times for teleconferences are:
February 15, from 1-3 p.m. EST.
February 16, from 3-5 p.m. EST.
Access information for these teleconferences is in the
Supplementary Information section.
Written comments must be submitted to the office listed in the
ADDRESSES section below on or before April 6, 2012.
ADDRESSES: You may submit written comments about this topic by any of
the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Email: DSSComments@acf.hhs.gov. Please include ``Comments
on Tribal Consultation'' in the subject line of the message.
Mail or Courier Delivery: Terry Watt, Director, Division
of State Systems, Children's Bureau, Administration on Children, Youth
and Families, Administration for Children and Families, 1250 Maryland
Avenue SW., 8th Floor, Washington, DC 20024.
If you choose to use an express, overnight, or other special
delivery method, please verify first that they are able to deliver to
the above address during the normal workweek. We encourage you to
submit comments electronically so that they are received in a timely
manner. All comments received will be posted without change to http://www.regulations.gov including any personal information provided.
Written comments and comments provided during consultation will receive
equal consideration by CB.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
process, or want further information about current Federal regulations
governing child welfare automation, please contact Mr. Peter Howe, John
F. Kennedy Federal Building, Room 2000 West, 15 New Sudbury Street,
Boston, MA 02203; voice: (617) 565-1515; by email at:
peter.howe@acf.hhs.gov.
SUPPLEMENTARY INFORMATION:
Teleconferences: The teleconference on February 15, 2012 at 1 p.m.
EST is reserved for Tribal leaders; the teleconference on February 16,
2012 at 3 p.m. EST is intended for their representatives. Access
information for these teleconferences is as follows:
February 15 call in: (888) 989-8183;
Password: 368-9268.
February 16 call in: (888) 673-9785;
Password: 621-8061.
The teleconferences will be recorded, and a summary of the content
will be published within 45 days of the February 16, 2012 call.
SACWIS Background: Sections 474(a)(3)(C) and (D) of the Social
Security Act (the Act) provide States,
[[Page 468]]
and now Tribes, with the opportunity to access additional funding
through title IV-E to plan, design, develop, implement, and operate a
SACWIS. The regulations at 45 CFR 1355.50-1355.57 were established in
response to implementing legislation and were issued on December 22,
1993, and did not consider the program needs of Tribal title IV-E
agencies.
SACWIS systems are described in detail in program instructions
issued by CB. A general program description, and links to statutes,
regulations, and other program guidance related to SACWIS can be found
at: http://www.acf.hhs.gov/programs/cb/systems/sacwis/federal.htm. Two
Action Transmittals that can be found there are of particular interest
in understanding SACWIS rules. They are:
ACF-OISM-001, issued on February 24, 1995, provided the
CB's initial guidance and policy on SACWIS planning, designing,
development and implementation.
ACF-OSS-05, issued on August 21, 1998, provides additional
guidance on the implementation and operation of a SACWIS, and
supersedes some sections of AT-ACF-OISM-001.
Program Instructions (PI) whose topics may be directly relevant to
Tribes include:
ACYF-CB-PI-09-11, issued on September 17, 2009, describes
the Federal Advance Planning Document (APD) regulations that Tribes
have to comply with to claim title IV-B and/or title IV-E FFP for child
welfare information technology projects, equipment and services.
ACYF-CB-PI-11-07, issued on July 5, 2011, describes for
States and Tribes the changes to the regulations at 45 CFR Part 95
related to the APD process used to obtain approval of FFP for acquiring
automated data processing equipment and services.
ACYF-CB-PI-11-08, issued on July 7, 2011, describes
changes regarding the APD waiver process within the Federal regulations
at 45 CFR part 95, and offers guidance when requesting a waiver to use
a commercial-off-the-shelf (COTS) software product designed for the
title IV-E or title IV-B programs.
Review of these Action Transmittals and PI may help participants
pinpoint questions for Federal participants in the education portion of
the teleconference.
Since the SACWIS regulations were issued 18 years ago, Federal
child welfare laws have reflected changes associated with the enactment
of several major child welfare legislative initiatives. The Fostering
Connections to Success and Increasing Adoptions Act of 2008 Public Law
110-351 enabled Tribal self-governance in child welfare, permitting
Tribes to access title IV-E reimbursement directly from the Federal
government, rather than working through a State's IV-E program. As
Tribes were awarded title IV-E development grants, staff from their
Child Welfare programs expressed interest in acquiring automated
technology. It became evident to CB that the SACWIS model might not
meet the needs of Tribes.
Our desire to hold a consultation reflects our growing familiarity
with the automation needs and preferences of Tribes and our desire to
seek ideas about how CB can support title IV-E Tribal agencies build
information systems that will support their business needs. CB invites
Tribal leaders and their representatives to join in a consultation via
teleconference to provide input on the following questions:
Questions: Please identify the question to which you are
responding. If you have additional comments about SACWIS, please
identify them by citing the related section of regulations or program
guidance.
(1) What are the obstacles for your Tribe in building a child
welfare information system in general and a SACWIS-type system
specifically?
(2) What information do you consider critical to managing your
child welfare program?
(3) Is there any special information that Tribes need or will need
in order to operate child welfare programs funded with title IV-E
dollars?
Tribes may also provide written comments through the methods cited
in the ADDRESSES section, regardless of participation in the
teleconference for consultation. Please note that Federal
representatives attending the consultation teleconferences will not be
able to respond directly during the consultations to questions raised
by the participants.
Authority: HHS ACF Tribal Consultation Policy.
Dated: December 22, 2011.
Bryan Samuels,
Commissioner, Administration on Children, Youth and Families.
[FR Doc. 2011-33336 Filed 1-4-12; 8:45 am]
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