[Federal Register Volume 77, Number 34 (Tuesday, February 21, 2012)]
[Proposed Rules]
[Pages 9883-9884]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-3442]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Administration for Children and Families

45 CFR Part 1357


Tribal Consultation Meetings Regarding Requirements Applicable to 
Title IV-B Child and Family Services Plan

AGENCY: Children's Bureau, Administration on Children, Youth and 
Families (ACYF), ACF, HHS.

ACTION: Notice of tribal consultation.

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SUMMARY: The title IV-B regulations regarding the title IV-B plan and 
fiscal requirements are outdated due to statutory changes over the last 
15 years. The Children's Bureau (CB) is deciding whether to revise the 
regulations accordingly. Per the ACF Tribal Consultation Policy (76 FR 
55678, published September 8, 2011), we request comments from Indian 
Tribes that operate a title IV-B, subpart 1 and/or title IV-B, subpart 
2 program and any other interested party. We provide further 
information on these statutory changes below, under SUPPLEMENTARY 
INFORMATION.

DATES: Please submit written comments to the office listed in the 
ADDRESSES section below on or before April 6, 2012. Please see 
SUPPLEMENTARY INFORMATION for additional details on 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.
     Email: CBComments@acf.hhs.gov. Please include ``Comments 
on 45 CFR 1357 Federal Register Notice'' in the subject line of the 
message.
     Mail or Courier Delivery: Jan Rothstein, 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: If you choose to use an express, overnight or other 
special delivery method, you must ensure that delivery is made at the 
address listed under the ADDRESSES section. We urge interested parties 
to submit comments electronically to ensure that we receive them in a 
timely manner. We will post all comments without change to 
www.regulations.gov. This will include any personal information 
provided. We will provide equal consideration to comments provided 
during a meeting or written responses to this Federal Register notice.

FOR FURTHER INFORMATION CONTACT: Jan Rothstein, Division of Policy, 
Children's Bureau, Administration on Children, Youth and Families, 1250 
Maryland Avenue SW., 8th Floor, Washington, DC 20024; phone: (202) 401-
5073; email at: jrothstein@acf.hhs.gov. Do not email comments on the 
Notice to this address.

SUPPLEMENTARY INFORMATION: Federal regulations at 45 CFR 1357, 
originally published in 1996, implement title IV-B of the Social 
Security Act (the Act). Legislation enacted over the last 15 years 
added new plan and fiscal requirements to title IV-B for States and 
Tribes to implement. While we have addressed these title IV-B 
requirements in Program Instructions and Information Memorandums, we 
are considering regulatory amendments to bring the regulations in line 
with the Act. Additionally, these regulations refer to numerous 
obsolete dates and timelines. Below, we provide a list of the major 
changes in the law since 1996 that relate to the title IV-B program 
requirements.
    Several regulatory provisions have been superseded by statute 
including:
     45 CFR 1357.50: The Child and Family Services Improvement 
and Innovation Act (Public Law (Pub. L.) 112-34) amended section 431 of 
the Act to define ``Indian Tribe'' for title IV-B, subpart 2 the same 
way it is defined for title IV-B, subpart 1; this makes the definitions 
of Indian Tribe in 1357.50 obsolete.
     45 CFR 1357.50(f)(1)(ii): Amendments to section 432(b)(2) 
of the Act in the Child and Family Services Improvement Act of 2006 
(Pub. L. 109-288) supersede the Secretary's authority to waive for 
Indian Tribes only the requirement that title IV-B, subpart 2 funds 
will not be used to supplant Federal or non-Federal funds expended 
under title IV-B, subpart 2. ACF continues to have the authority to 
waive for Indian Tribes only the requirement that not more than 10 
percent of expenditures will be for administrative costs and the 
requirement that a significant portion of expenditures will be for 
family preservation services, community-based family support services, 
time limited family reunification services, and adoption promotion and 
support services; and
     45 CFR 1357.50(f)(2): Further amendments in Public Law 
109-288 to section 432(b)(2) of the Act supersede the Secretary's 
authority to waive other State plan requirements requested by the Tribe 
(only those listed in paragraphs (f)(1)(i) and (iii) may still be 
waived) contrary to what is stated in 45 CFR 1357.50(f)(2).
    The Child and Family Services Plan requirements have been revised 
by statutory changes including:
     A requirement that title IV-B agencies coordinate and 
collaborate with the State Medicaid agency and, in consultation with 
pediatricians and others, develop a plan for the ongoing oversight and 
coordination of health care services for any child in a foster care 
placement in accordance with the Fostering Connections to Success and 
Increasing Adoptions Act of 2008 (Pub. L. 110-351).
     A description of the standards for the content and 
frequency of caseworker visits for children in foster care as described 
in sections 422(b)(17) of the Act pursuant to Public Law 112-34; and
     A description of activities to reduce the length of time 
children under five years of age are without a permanent family and to 
address the developmental needs of such children who receive benefits 
or services under titles IV-B/IV-E in accordance with Public Law 112-
34.
    Amendments to the Act over the years removed several title IV-B 
requirements including:
     45 CFR 1357.15(c)(3): Assurance of a plan for the training 
and use of paid paraprofessional staff and for the use of volunteers; 
and
     45 FR 1357.15(c)(4): Requirement to assure day care 
facility standards and requirements correspond with the child care 
standards imposed under title XX.
    Consultation Opportunities: As specified in the ADDRESSES section, 
you may submit written comments. In addition, we plan to hold 
conference calls and in-person consultations in ACF Regions II, VI, VII 
and X and in our Washington, DC office. We invite Tribal leaders and/or 
their representatives to personally attend these meetings or call in to 
provide input on the proposed

[[Page 9884]]

changes. You may provide written comments as noted in the ADDRESSES 
section, regardless of participation in a meeting. The consultation 
sessions and contact information are listed below:
    CB conference call: February 27, 2012, 10 a.m.-12 p.m. EST.
    Call-in number: 888-769-8931.
    Passcode: 3683365.
    Contact: Jan Rothstein at (202) 401-5073 or email at: 
jrothstein@acf.hhs.gov.
    CB conference call: March 2, 2012, 10 a.m.-12 p.m. EST.
    Call-in number: 888-769-8931.
    Passcode: 3683365.
    Contact: Jan Rothstein at (202) 401-5073 or email at: 
jrothstein@acf.hhs.gov.
    Region II meeting/conference call March 15, 2012, 10 a.m.-11:30 
a.m. EST.
    Contact: Shari Brown at (212) 264-2890 or email at: 
Shari.Brown@acf.hhs.gov.
    Region VI meeting/conference call March 6, 2012, 10 a.m.-12 p.m. 
CT.
    Contact: Nanette Bishop at (214) 767-5241 or email at: 
nanette.bishop@acf.hhs.gov.
    Region VII meeting/conference call February 24, 2012, 1-3 p.m. CT.
    Contact: Rosalyn Wilson at 816-426-2262 or email at: 
Rosalyn.wilson@acf.hhs.gov.
    Region X meeting/conference call on March 19, 2012, 11 a.m.-1 p.m. 
PT.
    Contact: Jennifer Zanella at (206) 615-2604 or email at: 
Jennifer.zanella@acf.hhs.gov.

    Authority:  42 U.S.C. 620 et seq., 42 U.S.C. 670 et seq.; 42 
U.S.C. 1302.

    Dated: February 7, 2012.
Bryan Samuels,
Commissioner, Administration on Children, Youth and Families.
[FR Doc. 2012-3442 Filed 2-17-12; 8:45 am]
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