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The Going Rate for Adopting Kids in Florida

May 12, 2010 2 comments

409.166 Children within the child welfare system; adoption assistance program.
(1) LEGISLATIVE INTENT.–It is the intent of the Legislature to protect and promote each child’s right to the security and stability of a permanent family home. The Legislature intends to make adoption assistance, including financial aid, available to prospective adoptive parents to enable them to adopt a child in the state’s foster care system who, because of his or her needs, has proven difficult to place in an adoptive home.

(2) DEFINITIONS.–As used in this section, the term:

(a) “Special needs child” means:

1. A child whose permanent custody has been awarded to the department or to a licensed child-placing agency;

2. A child who has established significant emotional ties with his or her foster parents or is not likely to be adopted because he or she is:

a. Eight years of age or older;

b. Developmentally disabled;

c. Physically or emotionally handicapped;

d. Of black or racially mixed parentage; or

e. A member of a sibling group of any age, provided two or more members of a sibling group remain together for purposes of adoption; and

3. Except when the child is being adopted by the child’s foster parents or relative caregivers, a child for whom a reasonable but unsuccessful effort has been made to place the child without providing a maintenance subsidy.

(b) “Adoption assistance” means financial assistance and services provided to a child and his or her adoptive family. Such assistance may include a maintenance subsidy, medical assistance, Medicaid assistance, and reimbursement of nonrecurring expenses associated with the legal adoption. The term also includes a tuition exemption at a postsecondary career program, community college, or state university, and a state employee adoption benefit under s. 409.1663.

(c) “Child within the child welfare system” or “child” means a special needs child and any other child who was removed from the child’s caregiver due to abuse or neglect and whose permanent custody has been awarded to the department or to a licensed child-placing agency.

(d) “Department” means the Department of Children and Family Services.

(e) “Licensed child-placing agency” has the same meaning as in s. 39.01.

(f) “Maintenance subsidy” means a monthly payment as provided in subsection (4).

(3) ADMINISTRATION OF PROGRAM.–

(a) The department shall establish and administer an adoption program for children to be carried out by the department or by contract with a licensed child-placing agency. The program shall attempt to increase the number of persons seeking to adopt children and the number of finalized adoptions and shall extend adoption assistance, when needed, to the adoptive parents of a child.

(b) The department shall collect and maintain the necessary data and records to evaluate the effectiveness of the program in encouraging and promoting the adoption of children.

(4) ADOPTION ASSISTANCE.–

(a) A maintenance subsidy shall be granted only when all other resources available to a child have been thoroughly explored and it can be clearly established that this is the most acceptable plan for providing permanent placement for the child. The maintenance subsidy may not be used as a substitute for adoptive parent recruitment or as an inducement to adopt a child who might be placed without providing a subsidy. However, it shall be the policy of the department that no child be denied adoption if providing a maintenance subsidy would make adoption possible. The best interest of the child shall be the deciding factor in every case. This section does not prohibit foster parents from applying to adopt a child placed in their care. Foster parents or relative caregivers must be asked if they would adopt without a maintenance subsidy.

(b) The department shall provide adoption assistance to the adoptive parents, subject to specific appropriation, in the amount of $5,000 annually, paid on a monthly basis, for the support and maintenance of a child until the 18th birthday of such child or in an amount other than $5,000 annually as determined by the adoptive parents and the department and memorialized in a written agreement between the adoptive parents and the department. The agreement shall take into consideration the circumstances of the adoptive parents and the needs of the child being adopted. The amount of subsidy may be adjusted based upon changes in the needs of the child or circumstances of the adoptive parents. Changes shall not be made without the concurrence of the adoptive parents. However, in no case shall the amount of the monthly payment exceed the foster care maintenance payment that would have been paid during the same period if the child had been in a foster family home.

(c) The department may provide adoption assistance to the adoptive parents, subject to specific appropriation, for medical assistance initiated after the adoption of the child for medical, surgical, hospital, and related services needed as a result of a physical or mental condition of the child which existed before the adoption and is not covered by Medicaid, Children’s Medical Services, or Children’s Mental Health Services. Such assistance may be initiated at any time but shall terminate on or before the child’s 18th birthday.

(5) ELIGIBILITY FOR SERVICES.–

(a) As a condition of providing adoption assistance under this section, the adoptive parents must enter into an adoption-assistance agreement with the department which specifies the financial assistance and other services to be provided.

(b) A child who is handicapped at the time of adoption shall be eligible for services through the Children’s Medical Services network established under part I of chapter 391 if the child was eligible for such services prior to the adoption.

(6) WAIVER OF ADOPTION FEES.–The adoption fees shall be waived for all adoptive parents who adopt children in the custody of the department. Fees may be waived for families who adopt children in the custody of a licensed child-placing agency or who adopt children through independent adoptions, and who receive or may be eligible for maintenance subsidies through the department. Retroactive reimbursement of fees is not required for families who adopt children in the custody of licensed child-placing agencies.

(7) REIMBURSEMENT FOR EXPENSES.–The department is authorized to reimburse, retroactive to January 1, 1987, up to $1,000 in nonrecurring expenses related to the adoption of a child which have been incurred by adoptive parents. For purposes of this subsection, “nonrecurring expenses” means one-time expenses, such as attorney’s fees, court costs, birth certificate fees, travel expenses, agency fees, and physical examination fees.

(8) RULES.–The department shall adopt rules to administer this section.

History.–ss. 1, 2, 3, 4, 5, 6, ch. 76-203; s. 1, ch. 77-174; s. 1, ch. 77-293; s. 1, ch. 78-362; s. 1, ch. 83-246; s. 17, ch. 84-254; s. 5, ch. 91-99; s. 24, ch. 92-96; s. 113, ch. 97-101; s. 43, ch. 97-103; s. 181, ch. 99-8; s. 50, ch. 2000-153; s. 5, ch. 2007-124; s. 112, ch. 2008-4.

Sections: Previous 409.1451 409.14511 409.146 409.147 409.152 409.153 409.165 409.166 409.1663 409.167 409.1671 409.1672 409.1673 409.16745 409.1675 Next

Last modified: March 26, 2010

This is How Much Was Spent Nation Wide in 2008 to Snatch and Sell Children by CPS

April 25, 2010 2 comments

This is your tax dollars at work.

Child Abuse and Neglect Cost Nation over $100 Billion per Year
Contact: Gina Russo, 202.421.3578

Washington, DC – 01/29/2008 – An economic impact analysis released today estimates the costs of child abuse and neglect to society were nearly $104 billion last year, and a companion report highlights the unavailability of federal child welfare funding for programs and services known to be effective at reducing incidences of child abuse and neglect.

Total Estimated Cost of Child Abuse and Neglect in the United States, by Prevent Child Abuse America (PCAA) and Time for Reform: Investing in Prevention, Keeping Children Safe At Home, by Kids Are Waiting (KAW), a project of The Pew Charitable Trusts, show that while the economic costs associated with child abuse and neglect rose to a staggering $103.8 billion in 2007, merely ten percent of federal money dedicated for child welfare, approximately $741.9 million, can currently be used to prevent child abuse and neglect from occurring by strengthening families.

The PCAA report documents pervasive and long-lasting effects of child abuse on children, their families, and society as a whole. The $103.8 billion cost of child abuse and neglect includes more than $33 billion in direct costs for foster care services, hospitalization, mental health treatment, and law enforcement. Indirect costs of over $70 billion include loss of productivity, as well as expenditures related to chronic health problems, special education, and the criminal justice system.

“Prevention of child abuse and neglect makes sense – and makes ‘cents,’ too,” said PCAA President & CEO Jim Hmurovich. “The data in these reports show that a greater focus on prevention will decrease both the short and long-term costs to society. But it is impossible to calculate the pain, suffering, and reduced quality of life that victims of violence against children experience throughout their lifetime.”

The KAW report finds that the current federal child welfare financing structure does not adequately support services and supports that could help keep more children safely with their families. The report shows that the majority of dedicated federal funding for child welfare is currently reserved for placing and maintaining children in foster care and cannot be used for prevention or reunification services or supports.

States may access dollars under Title IV-E, the principal source of federal child welfare funding, only after children have been removed from their home and enter foster care. Of the $7.2 billion federal funds dedicated for child welfare in 2007, approximately 90 percent supported children in foster care placements ($4.5 billion) and children adopted from foster care ($2.0 billion). States can use about 10 percent of federal dedicated child welfare funds flexibly for family services and supports, including prevention or reunification services.

The report recommends specific policy options to keep children safe and strengthen families:

Ensure a sufficient, flexible and reliable federal resource to help support the continuum of services needed by at-risk children and families.
Reward states for safely reducing the number of children in foster care and achieving all forms of permanence.
Make all abused and neglected children eligible for federal foster care support.
The KAW report also shows that most children (54%) who leave foster care reunite with their families, after having stayed in foster care for an average of six months. In fact, safely reunifying foster children with their parents is a primary goal of the child welfare system. States vary widely in the percentage of children rejoining their families upon leaving foster care, from 30 and 33 percent in DC and Virginia respectively to 76 percent in Idaho. (Top 15 and bottom 15 state reunification rates listed in the table below.)

States with the highest and lowest rates of children reunified with their families after foster care in 2005

Top 15 highest reunification rates
Rank State/District N %
1
Idaho
1,067
76%
2
Nebraska
2,507
73%
3
Iowa
3,425
72%
4
New Mexico
1,417
69%
5
Minnesota
4,903
67%
6
Delaware
448
66%
7
New Jersey
4,992
66%
8
Wyoming
663
66%
9
Wisconsin
3,759
65%
10
Indiana
3,910
63%
11
Rhode Island
856
63%
12
Nevada
1,989
63%
13
Oregon
3,150
63%
14
Connecticut
1,180
62%
15
Washington
3,770
62%

Top 15 lowest reunification rates
Rank State/District N %
37 Kentucky 1,727 46%
38 Montana 532 46%
39 Ohio 5,517 45%
40 South Carolina 1,381 45%
41 Alabama 1,461 45%
42 Arkansas 1,466 43%
43 North Carolina 2,313 42%
44 Illinois 2,517 41%
45 New Hampshire 219 40%
46 Maine 386 39%
47 Utah 680 34%
48 Texas 4,146 34%
49 Maryland 908 34%
50 Virginia 1,120 33%
51 District of Columbia 310 30%
Note: Percentages represent the number of children reunified of total exits from foster care in 2005. Source: AFCARS 2005

Federal child welfare financing reform could help prevent child abuse and neglect in the first place and reduce the current reliance on foster care by lessening the need for some children to enter the foster care system and helping others safely reunify with their families more quickly.

The Kids Are Waiting report highlights an array of services that have been shown to be effective at:

1.Decreasing the incidence of abuse and neglect. The Nurse-Family Partnership program, active in 20 states, resulted in a 48 percent lower level of abuse and neglect for children whose families received home visitation services compared with the control group. An evaluation of the Healthy Families New Jersey program showed that 99 percent of the children served were free from abuse and neglect.
2.Reducing short and long term trauma to children. In Tennessee, Renewal House, a residential program for mothers who have an addiction and their children, demonstrated that fewer infants born to mothers in the program require neonatal intensive care.
3.Lessening the need to remove children from their families. Due to increased investment in prevention services, Allegheny County, Pennsylvania, was able to maintain more than 65 percent of children at home for the entire time they were served by the child welfare system.
4.Lowering the costs of care per child. In Wisconsin, wraparound Milwaukee decreased the number of children in foster care placement by sixty percent and reduced the cost of care from $5,000 to less than $3,300.
“Taking children away from their families is a traumatic experience that will stay with them forever,” said Marci McCoy-Roth, program officer with The Pew Charitable Trusts. “Foster care should not be the only option available to keep children safe and help families in crisis. States and the federal government must work in partnership to prevent child abuse and neglect and ensure that all children have safe families. The importance of family is a fundamental American value. How much longer must our children wait for the permanent families they deserve?”

ABOUT PREVENT CHILD ABUSE AMERICA: Prevent Child Abuse America is a national nonprofit that advocates for public policies to diminish or eliminate risk factors for child abuse and neglect, while promoting protective factors. For more information visit http://www.preventchildabuse.org.

ABOUT THE KIDS ARE WAITING CAMPAIGN: Kids Are Waiting: Fix Foster Care Now, a project of The Pew Charitable Trusts, is a national, nonpartisan campaign dedicated to ensuring that all children in foster care have the safe, permanent families they deserve through reform of the federal financing structure that governs our nation’s foster care program. For more information visit: http://www.kidsarewaiting.org.

CPS is Awarded Grants to take your Children

March 1, 2010 1 comment

From the U.S. Code Online via GPO Access
[www.gpoaccess.gov]
[Laws in effect as of January 3, 2007]
[CITE: 42USC5106]

[Page 926-929]

CHAPTER 67–CHILD ABUSE PREVENTION AND TREATMENT AND ADOPTION REFORM

SUBCHAPTER I–GENERAL PROGRAM

Sec. 5106. Grants to States and public or private agencies and
organizations

(a) Grants for programs and projects

The Secretary may make grants to, and enter into contracts with,
States, public agencies or private agencies or organizations (or
combinations of such agencies or organizations) for programs and
projects for the following purposes:

(1) Training programs

The Secretary may award grants to public or private
organizations under this section–
(A) for the training of professional and paraprofessional
personnel in the fields of medicine, law enforcement, judiciary,
social work and child protection, education, and other relevant
fields, or individuals such as court appointed special advocates
(CASAs) and guardian ad litem, who are engaged in, or intend to
work in, the field of prevention, identification, and treatment
of child abuse and neglect, including the links between domestic
violence and child abuse;
(B) to improve the recruitment, selection, and training of
volunteers serving in public and private children, youth and
family service organizations in order to prevent child abuse and
neglect;
(C) for the establishment of resource centers for the
purpose of providing information and training to professionals
working in the field of child abuse and neglect;
(D) for training to support the enhancement of linkages
between child protective service agencies and health care
agencies, including physical and mental health services, to
improve forensic diagnosis and health evaluations and for
innovative partnerships between child protective service
agencies and health care agencies that offer creative approaches
to using existing Federal, State, local, and private funding to
meet the health evaluation needs of children who have been
subjects of substantiated cases of child abuse or neglect;
(E) for the training of personnel in best practices to
promote collaboration with the families from the initial time of
contact during the investigation through treatment;
(F) for the training of personnel regarding the legal duties
of such personnel and their responsibilities to protect the
legal rights of children and families;
(G) for improving the training of supervisory and
nonsupervisory child welfare workers;
(H) for enabling State child welfare agencies to coordinate
the provision of services with State and local health care
agencies, alcohol and drug abuse prevention and treatment
agencies, mental health agencies, and other public and private
welfare agencies to promote child safety, permanence, and family
stability;
(I) for cross training for child protective service workers
in research-based strategies for recognizing situations of
substance abuse, domestic violence, and neglect; and
(J) for developing, implementing, or operating information
and education programs or training programs designed to improve
the provision of services to disabled infants with life-
threatening conditions for–
(i) professionals and paraprofessional personnel
concerned with the welfare of disabled infants with life-
threatening conditions, including personnel employed in
child protective services programs and health care
facilities; and
(ii) the parents of such infants.

(2) Triage procedures

The Secretary may award grants under this subsection to public
and private agencies that demonstrate innovation in responding to
reports of child abuse and neglect, including programs of
collaborative partnerships between

[[Page 927]]

the State child protective services agency, community social service
agencies and family support programs, law enforcement agencies,
developmental disability agencies, substance abuse treatment
entities, health care entities, domestic violence prevention
entities, mental health service entities, schools, churches and
synagogues, and other community agencies, to allow for the
establishment of a triage system that–
(A) accepts, screens, and assesses reports received to
determine which such reports require an intensive intervention
and which require voluntary referral to another agency, program,
or project;
(B) provides, either directly or through referral, a variety
of community-linked services to assist families in preventing
child abuse and neglect; and
(C) provides further investigation and intensive
intervention where the child’s safety is in jeopardy.

(3) Mutual support programs

The Secretary may award grants to private organizations to
establish or maintain a national network of mutual support and self-
help programs as a means of strengthening families in partnership
with their communities.

(4) Kinship care

(A) \1\ In general
—————————————————————————

\1\ So in original. There is no subpar. (B).
—————————————————————————
The Secretary may award grants to public and private
entities in not more than 10 States to assist such entities in
developing or implementing procedures using adult relatives as
the preferred placement for children removed from their home,
where such relatives are determined to be capable of providing a
safe nurturing environment for the child and where such
relatives comply with the State child protection standards.

(5) Linkages between child protective service agencies and
public health, mental health, and developmental
disabilities agencies

The Secretary may award grants to entities that provide linkages
between State or local child protective service agencies and public
health, mental health, and developmental disabilities agencies, for
the purpose of establishing linkages that are designed to help
assure that a greater number of substantiated victims of child
maltreatment have their physical health, mental health, and
developmental needs appropriately diagnosed and treated, in
accordance with all applicable Federal and State privacy laws.

(b) Discretionary grants

In addition to grants or contracts made under subsection (a) of this
section, grants or contracts under this section may be used for the
following:
(1) Respite and crisis nursery programs provided by community-
based organizations under the direction and supervision of
hospitals.
(2) Respite and crisis nursery programs provided by community-
based organizations.
(3) Programs based within children’s hospitals or other
pediatric and adolescent care facilities, that provide model
approaches for improving medical diagnosis of child abuse and
neglect and for health evaluations of children for whom a report of
maltreatment has been substantiated.
(4)(A) Providing hospital-based information and referral
services to–
(i) parents of children with disabilities; and
(ii) children who have been neglected or abused and their
parents.

(B) Except as provided in subparagraph (C)(iii), services
provided under a grant received under this paragraph shall be
provided at the hospital involved–
(i) upon the birth or admission of a child with
disabilities; and
(ii) upon the treatment of a child for abuse or neglect.

(C) Services, as determined as appropriate by the grantee,
provided under a grant received under this paragraph shall be
hospital-based and shall consist of–
(i) the provision of notice to parents that information
relating to community services is available;
(ii) the provision of appropriate information to parents of
a child with disabilities regarding resources in the community,
particularly parent training resources, that will assist such
parents in caring for their child;
(iii) the provision of appropriate information to parents of
a child who has been neglected or abused regarding resources in
the community, particularly parent training resources, that will
assist such parents in caring for their child and reduce the
possibility of abuse or neglect;
(iv) the provision of appropriate follow-up services to
parents of a child described in subparagraph (B) after the child
has left the hospital; and
(v) where necessary, assistance in coordination of community
services available to parents of children described in
subparagraph (B).

The grantee shall assure that parental involvement described in this
subparagraph is voluntary.
(D) For purposes of this paragraph, a qualified grantee is a \2\
acute care hospital that–
—————————————————————————
\2\ So in original. Probably should be “an”.
—————————————————————————
(i) is in a combination with–
(I) a health-care provider organization;
(II) a child welfare organization;
(III) a disability organization; and
(IV) a State child protection agency;

(ii) submits an application for a grant under this paragraph
that is approved by the Secretary;
(iii) maintains an office in the hospital involved for
purposes of providing services under such grant;
(iv) provides assurances to the Secretary that in the
conduct of the project the confidentiality of medical, social,
and personal

[[Page 928]]

information concerning any person described in subparagraph (A)
or (B) shall be maintained, and shall be disclosed only to
qualified persons providing required services described in
subparagraph (C) for purposes relating to conduct of the
project; and
(v) assumes legal responsibility for carrying out the terms
and conditions of the grant.

(E) In awarding grants under this paragraph, the Secretary
shall–
(i) give priority under this section for two grants under
this paragraph, provided that one grant shall be made to provide
services in an urban setting and one grant shall be made to
provide services in rural setting; and
(ii) encourage qualified grantees to combine the amounts
received under the grant with other funds available to such
grantees.

(5) Such other innovative programs and projects that show
promise of preventing and treating cases of child abuse and neglect
as the Secretary may approve.

(c) Evaluation

In making grants for projects under this section, the Secretary
shall require all such projects to be evaluated for their effectiveness.
Funding for such evaluations shall be provided either as a stated
percentage of a demonstration grant or as a separate grant or contract
entered into by the Secretary for the purpose of evaluating a particular
demonstration project or group of projects. In the case of an evaluation
performed by the recipient of a grant, the Secretary shall make
available technical assistance for the evaluation, where needed,
including the use of a rigorous application of scientific evaluation
techniques.

(Pub. L. 93-247, title I, Sec. 105, formerly Sec. 7, Jan. 31, 1974, 88
Stat. 8; Pub. L. 98-457, title I, Sec. 106, Oct. 9, 1984, 98 Stat. 1751;
Pub. L. 100-294, title I, Sec. 101, Apr. 25, 1988, 102 Stat. 108;
renumbered title I, Sec. 106, Pub. L. 101-126, Sec. 3(a)(1), (2), Oct.
25, 1989, 103 Stat. 764; Pub. L. 102-295, title I, Secs. 113,
141(1), (2), (5), May 28, 1992, 106 Stat. 191, 199, 200; renumbered
Sec. 105 and amended Pub. L. 104-235, title I, Secs. 106,
113(a)(1)(A), Oct. 3, 1996, 110 Stat. 3069, 3079; Pub. L. 108-36, title
I, Sec. 113, June 25, 2003, 117 Stat. 805.)

Prior Provisions

A prior section 105 of Pub. L. 93-247 was renumbered section 104 and
is classified to section 5105 of this title.

Amendments

2003–Pub. L. 108-36, Sec. 113(d), substituted “Grants to States
and public or private agencies and organizations” for “Grants to
public agencies and nonprofit private organizations for demonstration
programs and projects” as section catchline.
Subsec. (a). Pub. L. 108-36, Sec. 113(a)(2), in introductory
provisions, inserted “States,” after “contracts with,” and struck
out “nonprofit” after “private” and “time limited, demonstration”
after “organizations) for”.
Pub. L. 108-36, Sec. 113(a)(1), substituted “Grants for” for
“Demonstration” in heading.
Subsec. (a)(1). Pub. L. 108-36, Sec. 113(a)(3)(A), struck out
“nonprofit” after “public or private” in introductory provisions.
Subsec. (a)(1)(A). Pub. L. 108-36, Sec. 113(a)(3)(B), substituted
“law enforcement, judiciary, social work and child protection,
education, and other relevant fields, or individuals such as court
appointed special advocates (CASAs) and guardian ad litem,” for “law,
education, social work, and other relevant fields”.
Subsec. (a)(1)(B). Pub. L. 108-36, Sec. 113(a)(3)(C), substituted
“children, youth and family service organizations in order to prevent
child abuse and neglect;” for “nonprofit children, youth and family
service organizations in order to prevent child abuse and neglect
through collaborative analysis of current recruitment, selection, and
training programs and development of model programs for dissemination
and replication nationally; and”.
Subsec. (a)(1)(D) to (J). Pub. L. 108-36, Sec. 113(a)(3)(D), (E),
added subpars. (D) to (J).
Subsec. (a)(2). Pub. L. 108-36, Sec. 113(a)(5), added par. (2).
Former par. (2) redesignated (3).
Subsec. (a)(3). Pub. L. 108-36, Sec. 113(a)(6), substituted
“organizations” for “nonprofit organizations (such as Parents
Anonymous)”.
Pub. L. 108-36, Sec. 113(a)(4), redesignated par. (2) as (3). Former
par. (3) redesignated (4).
Subsec. (a)(4). Pub. L. 108-36, Sec. 113(a)(7), added par. heading
and struck out former heading “Other innovative programs and
projects”, redesignated subpar. (B) as (A), substituted “In general”
for “Kinship care” in subpar. heading, and struck out “nonprofit”
before “entities” and former subpars. (A) and (C), which related,
respectively, to general issues of awarding grants and grants to promote
safe, family-friendly physical environments for visitation and exchange.
Pub. L. 108-36, Sec. 113(a)(4), redesignated par. (3) as (4).
Subsec. (a)(5). Pub. L. 108-36, Sec. 113(a)(8), added par. (5).
Subsec. (b). Pub. L. 108-36, Sec. 113(b)(1), substituted
“subsection (a)” for “subsection (b)” in introductory provisions.
Subsec. (b)(1) to (3). Pub. L. 108-36, Sec. 113(b)(2)-(4), added
par. (3), redesignated former pars. (2) and (3) as (1) and (2),
respectively, and struck out former par. (1) which read as follows:
“Projects which provide educational identification, prevention, and
treatment services in cooperation with preschool and elementary and
secondary schools.”
Subsec. (b)(4)(D). Pub. L. 108-36, Sec. 113(b)(5), struck out
“nonprofit” before “acute care hospital” in introductory provisions.
Subsec. (c). Pub. L. 108-36, Sec. 113(c), struck out
“demonstration” before “projects” in first sentence, inserted “or
contract” after “or as a separate grant” in second sentence, and
inserted at end “In the case of an evaluation performed by the
recipient of a grant, the Secretary shall make available technical
assistance for the evaluation, where needed, including the use of a
rigorous application of scientific evaluation techniques.”
1996–Pub. L. 104-235, Sec. 106(1), struck out “or service” after
“demonstration” in section catchline.
Subsec. (a). Pub. L. 104-235, Sec. 106(2), amended heading and text
of subsec. (a) generally. Prior to amendment, text consisted of pars.
(1) and (2) which related to general authority of Secretary to make
grants and enter into contracts for demonstration or service programs
and projects and to evaluate the effectiveness of those demonstration
projects.
Subsec. (b). Pub. L. 104-235, Sec. 106(3), (4), redesignated subsec.
(c) as (b) and pars. (3) to (7) thereof as (1) to (5), respectively,
struck out former pars. (1) and (2) which related to training programs
and other innovative programs, respectively, and struck out heading and
text of former subsec. (b). Text read as follows: “The Secretary shall,
directly or through grants or contracts with public or private nonprofit
organizations under this section, provide for the establishment of
resource centers–
“(1) serving defined geographic areas;
“(2) staffed by multidisciplinary teams of personnel trained in
the prevention, identification, and treatment of child abuse and
neglect; and
“(3) providing advice and consultation to individuals,
agencies, and organizations which request such services.”

[[Page 929]]

Subsec. (c). Pub. L. 104-235, Sec. 106(6), added subsec. (c). Former
subsec. (c) redesignated (b).
1992–Subsec. (a). Pub. L. 102-295, Sec. 113(a), designated existing
provisions as par. (1), inserted heading, and added par. (2).
Subsec. (c)(1)(B). Pub. L. 102-295, Sec. 141(5), substituted
“disabilities” for “handicaps”.
Pub. L. 102-295, Sec. 113(b)(1), inserted “culturally specific”
before “instruction”.
Subsec. (c)(1)(C). Pub. L. 102-295, Sec. 113(b)(2), added subpar.
(C).
Subsec. (c)(6)(A)(i). Pub. L. 102-295, Sec. 141(5), substituted
“children with disabilities” for “children with handicaps”.
Subsec. (c)(6)(B)(i). Pub. L. 102-295, Sec. 141(1), substituted
“child with disabilities” for “handicapped child”.
Subsec. (c)(6)(C)(ii). Pub. L. 102-295, Sec. 141(2), substituted
“child with disabilities” for “child with handicaps”.
1988–Pub. L. 100-294 amended section generally, substituting
provision authorizing grants to public agencies and nonprofit private
organizations for demonstration or service programs and projects for
provision directing the Secretary to ensure coordination among Federal
programs related to child abuse and neglect. See section 5106e of this
title.
1984–Pub. L. 98-457 substituted “among programs” for “between
programs”.

[Code of Federal Regulations]
[Title 45, Volume 4]
[Revised as of October 1, 2009]
From the U.S. Government Printing Office via GPO Access
[CITE: 45CFR1340.14]

[Page 250-251]

TITLE 45–PUBLIC WELFARE

CHAPTER XIII–OFFICE OF HUMAN DEVELOPMENT SERVICES, DEPARTMENT OF HEALTH
AND HUMAN SERVICES

PART 1340_CHILD ABUSE AND NEGLECT PREVENTION AND TREATMENT–Table of Contents

Subpart B_Grants to States

Sec. 1340.14 Eligibility requirements.

In order for a State to qualify for an award under this subpart, the
State must meet the requirements of Sec. 1340.15 and satisfy each of
the following requirements:
(a) State must satisfy each of the requirements in section 107(b) of
the Act.
(b) Definition of Child Abuse and Neglect. Wherever the requirements
below use the term “Child Abuse and Neglect” the State must define
that term in accordance with Sec. 1340.2. However, it is not necessary
to adopt language identical to that used in Sec. 1340.2, as long as the
definition used in the State is the same in substance.
(c) Reporting. The State must provide by statute that specified
persons must report and by statute or administrative procedure that all
other persons are permitted to report known and suspected instances of
child abuse and neglect to a child protective agency or other properly
constituted authority.
(d) Investigations. The State must provide for the prompt initiation
of an appropriate investigation by a child protective agency or other
properly constituted authority to substantiate the accuracy of all
reports of known or suspected child abuse or neglect. This investigation
may include the use of reporting hotlines, contact with central
registers, field investigations and interviews, home visits,
consultation with other agencies, medical examinations, psychological
and social evaluations, and reviews by multidisciplinary teams.
(e) Institutional child abuse and neglect. The State must have a
statute or administrative procedure requiring that when a report of
known or suspected child abuse or neglect involves the acts or omissions
of the agency, institution, or facility to which the report would
ordinarily be made, a different properly constituted authority must
receive and investigate the report and take appropriate protective and
corrective action.
(f) Emergency services. If an investigation of a report reveals that
the reported child or any other child under the same care is in need of
immediate protection, the State must provide emergency services to
protect the child’s health and welfare. These services may include
emergency caretaker or homemaker services; emergency shelter care or
medical services; review by a multidisciplinary team; and, if
appropriate, criminal or civil court action to protect the child, to
help the parents or guardians in their responsibilities and, if
necessary, to remove the child from a dangerous situation.
(g) Guardian ad litem. In every case involving an abused or
neglected child which results in a judicial proceeding, the State must
insure the appointment of a guardian ad litem or other individual whom
the State recognizes as fulfilling the same functions as a guardian ad
litem, to represent and protect the rights and best interests of the
child. This requirement may be satisfied: (1) By a statute mandating the
appointments; (2) by a statute permitting the appointments, accompanied
by a statement from the Governor that the appointments are made in every
case; (3) in the absence of a specific statute, by a formal opinion of
the Attorney General that the appointments are permitted, accompanied by
a Governor’s statement that the appointments are made in every case; or
(4) by the State’s Uniform Court Rule mandating appointments in every
case. However, the guardian ad litem shall not be the attorney
responsible for presenting the evidence alleging child abuse or neglect.
(h) Prevention and treatment services. The State must demonstrate
that it has throughout the State procedures and services deal with child
abuse and neglect cases. These procedures and services include the
determination of

[[Page 251]]

social service and medical needs and the provision of needed social and
medical services.
(i) Confidentiality. (1) The State must provide by statute that all
records concerning reports and reports of child abuse and neglect are
confidential and that their unauthorized disclosure is a criminal
offense.
(2) If a State chooses to, it may authorize by statute disclosure to
any or all of the following persons and agencies, under limitations and
procedures the State determines:
(i) The agency (agencies) or organizations (including its designated
multidisciplinary case consultation team) legally mandated by any
Federal or State law to receive and investigate reports of known and
suspected child abuse and neglect;
(ii) A court, under terms identified in State statute;
(iii) A grand jury;
(iv) A properly constituted authority (including its designated
multidisciplinary case consultation team) investigating a report of
known or suspected child abuse or neglect or providing services to a
child or family which is the subject of a report;
(v) A physician who has before him or her a child whom the physician
reasonably suspects may be abused or neglected;
(vi) A person legally authorized to place a child in protective
custody when the person has before him or her a child whom he or she
reasonably suspects may be abused or neglected and the person requires
the information in the report or record in order to determine whether to
place the child in protective custody;
(vii) An agency authorized by a properly constituted authority to
diagnose, care for, treat, or supervise a child who is the subject of a
report or record of child abuse or neglect;
(viii) A person about whom a report has been made, with protection
for the identity of any person reporting known or suspected child abuse
or neglect and any other person where the person or agency making the
information available finds that disclosure of the information would be
likely to endanger the life or safety of such person;
(ix) A child named in the report or record alleged to have been
abused or neglected or (as his/her representative) his/her guardian or
guardian ad litem;
(x) An appropriate State or local official responsible for
administration of the child protective service or for oversight of the
enabling or appropriating legislation, carrying out his or her official
functions; and
(xi) A person, agency, or organization engaged in a bonafide
research or evaluation project, but without information identifying
individuals named in a report or record, unless having that information
open for review is essential to the research or evaluation, the
appropriate State official gives prior written approval, and the child,
through his/her representative as cited in paragraph (i) of this
section, gives permission to release the information.
(3) If a State chooses, it may authorize by statute disclosure to
additional persons and agencies, as determined by the State, for the
purpose of carrying out background and/or employment-related screening
of individuals who are or may be engaged in specified categories of
child related activities or employment. Any information disclosed for
this purpose is subject to the confidentiality requirements in paragraph
(i)(1) and may be subject to additional safeguards as determined by the
State.
(4) Nothing in this section shall be interpreted to prevent the
properly constituted authority from summarizing the outcome of an
investigation to the person or official who reported the known or
suspected instances of child abuse or neglect or to affect a State’s
laws or procedures concerning the confidentiality of its criminal court
or its criminal justice system.
(5) HHS and the Comptroller General of the United States or any of
their representatives shall have access to records, as required under 45
CFR 74.24.

[48 FR 3702, Jan. 26, 1983, as amended at 50 FR 14887, April 15, 1985;
52 FR 3995, Feb. 6, 1987; 55 FR 27639, July 5, 1990]

[Code of Federal Regulations]
[Title 45, Volume 4]
[Revised as of October 1, 2009]
From the U.S. Government Printing Office via GPO Access
[CITE: 45CFR1356.21]

[Page 311-315]

TITLE 45–PUBLIC WELFARE

CHAPTER XIII–OFFICE OF HUMAN DEVELOPMENT SERVICES, DEPARTMENT OF HEALTH
AND HUMAN SERVICES

PART 1356_REQUIREMENTS APPLICABLE TO TITLE IV-E

Sec. 1356.21 Foster care maintenance payments program implementation

requirements.

(a) Statutory and regulatory requirements of the Federal foster care
program. To implement the foster care maintenance payments program
provisions of the title IV-E State plan and to be eligible to receive
Federal financial participation (FFP) for foster care maintenance
payments under this part, a State must meet the requirements of this
section, 45 CFR 1356.22, 45 CFR 1356.30, and sections 472, 475(1),
475(4), 475(5) and 475(6) of the Act.
(b) Reasonable efforts. The State must make reasonable efforts to
maintain the family unit and prevent the unnecessary removal of a child
from his/her home, as long as the child’s safety is assured; to effect
the safe reunification of the child and family (if temporary out-of-home
placement is necessary to ensure the immediate safety of the child); and
to make and finalize alternate permanency plans in a timely manner when
reunification is not appropriate or possible. In order to satisfy the
“reasonable efforts” requirements of section 471(a)(15) (as
implemented through section 472(a)(1) of the Act), the State must meet
the requirements of paragraphs (b) and (d) of this section. In
determining reasonable efforts to be made with respect to a child and in
making such reasonable efforts, the child’s health and safety must be
the State’s paramount concern.
(1) Judicial determination of reasonable efforts to prevent a
child’s removal from the home. (i) When a child is removed from his/her
home, the judicial determination as to whether reasonable efforts were
made, or were not required to prevent the removal, in accordance with
paragraph (b)(3) of this section, must be made no later than 60 days
from the date the child is removed from the home pursuant to paragraph
(k)(1)(ii) of this section.
(ii) If the determination concerning reasonable efforts to prevent
the removal is not made as specified in paragraph (b)(1)(i) of this
section, the child is not eligible under the title IV-E foster care
maintenance payments program for the duration of that stay in foster
care.
(2) Judicial determination of reasonable efforts to finalize a
permanency plan. (i) The State agency must obtain a judicial
determination that it has made reasonable efforts to finalize the
permanency plan that is in effect (whether the plan is reunification,
adoption, legal guardianship, placement with a fit and willing relative,
or placement in another planned permanent living arrangement) within
twelve months of the date the child is considered to have entered foster
care in accordance with the definition at Sec. 1355.20 of this part,
and at least once every twelve months thereafter while the child is in
foster care.
(ii) If such a judicial determination regarding reasonable efforts
to finalize a permanency plan is not made in accordance with the
schedule prescribed in paragraph (b)(2)(i) of this section, the child
becomes ineligible under title IV-E at the end of the month in which the
judicial determination was required to have been made, and remains
ineligible until such a determination is made.
(3) Circumstances in which reasonable efforts are not required to
prevent a child’s removal from home or to reunify the child and family.
Reasonable efforts to prevent a child’s removal from home or to reunify
the child and family are not required if the State agency obtains a
judicial determination that such efforts are not required because:
(i) A court of competent jurisdiction has determined that the parent
has subjected the child to aggravated circumstances (as defined in State
law, which definition may include but need not be limited to
abandonment, torture, chronic abuse, and sexual abuse);
(ii) A court of competent jurisdiction has determined that the
parent has been convicted of:

[[Page 312]]

(A) Murder (which would have been an offense under section 1111(a)
of title 18, United States Code, if the offense had occurred in the
special maritime or territorial jurisdiction of the United States) of
another child of the parent;
(B) Voluntary manslaughter (which would have been an offense under
section 1112(a) of title 18, United States Code, if the offense had
occurred in the special maritime or territorial jurisdiction of the
United States) of another child of the parent;
(C) Aiding or abetting, attempting, conspiring, or soliciting to
commit such a murder or such a voluntary manslaughter; or
(D) A felony assault that results in serious bodily injury to the
child or another child of the parent; or,
(iii) The parental rights of the parent with respect to a sibling
have been terminated involuntarily.
(4) Concurrent planning. Reasonable efforts to finalize an alternate
permanency plan may be made concurrently with reasonable efforts to
reunify the child and family.
(5) Use of the Federal Parent Locator Service. The State agency may
seek the services of the Federal Parent Locator Service to search for
absent parents at any point in order to facilitate a permanency plan.
(c) Contrary to the welfare determination. Under section 472(a)(1)
of the Act, a child’s removal from the home must have been the result of
a judicial determination (unless the child was removed pursuant to a
voluntary placement agreement) to the effect that continuation of
residence in the home would be contrary to the welfare, or that
placement would be in the best interest, of the child. The contrary to
the welfare determination must be made in the first court ruling that
sanctions (even temporarily) the removal of a child from home. If the
determination regarding contrary to the welfare is not made in the first
court ruling pertaining to removal from the home, the child is not
eligible for title IV-E foster care maintenance payments for the
duration of that stay in foster care.
(d) Documentation of judicial determinations. The judicial
determinations regarding contrary to the welfare, reasonable efforts to
prevent removal, and reasonable efforts to finalize the permanency plan
in effect, including judicial determinations that reasonable efforts are
not required, must be explicitly documented and must be made on a case-
by-case basis and so stated in the court order.
(1) If the reasonable efforts and contrary to the welfare judicial
determinations are not included as required in the court orders
identified in paragraphs (b) and (c) of this section, a transcript of
the court proceedings is the only other documentation that will be
accepted to verify that these required determinations have been made.
(2) Neither affidavits nor nunc pro tunc orders will be accepted as
verification documentation in support of reasonable efforts and contrary
to the welfare judicial determinations.
(3) Court orders that reference State law to substantiate judicial
determinations are not acceptable, even if State law provides that a
removal must be based on a judicial determination that remaining in the
home would be contrary to the child’s welfare or that removal can only
be ordered after reasonable efforts have been made.
(e) Trial home visits. A trial home visit may not exceed six months
in duration, unless a court orders a longer trial home visit. If a trial
home visit extends beyond six months and has not been authorized by the
court, or exceeds the time period the court has deemed appropriate, and
the child is subsequently returned to foster care, that placement must
then be considered a new placement and title IV-E eligibility must be
newly established. Under these circumstances the judicial determinations
regarding contrary to the welfare and reasonable efforts to prevent
removal are required.
(f) Case review system. In order to satisfy the provisions of
section 471(a)(16) of the Act regarding a case review system, each
State’s case review system must meet the requirements of sections 475(5)
and 475(6) of the Act.
(g) Case plan requirements. In order to satisfy the case plan
requirements of sections 471(a)(16), 475(1) and 475(5) (A) and (D) of
the Act, the State agency must promulgate policy materials and
instructions for use by State and local staff to determine the
appropriateness

[[Page 313]]

of and necessity for the foster care placement of the child. The case
plan for each child must:
(1) Be a written document, which is a discrete part of the case
record, in a format determined by the State, which is developed jointly
with the parent(s) or guardian of the child in foster care; and
(2) Be developed within a reasonable period, to be established by
the State, but in no event later than 60 days from the child’s removal
from the home pursuant to paragraph (k) of this section;
(3) Include a discussion of how the case plan is designed to achieve
a safe placement for the child in the least restrictive (most family-
like) setting available and in close proximity to the home of the
parent(s) when the case plan goal is reunification and a discussion of
how the placement is consistent with the best interests and special
needs of the child. (FFP is not available when a court orders a
placement with a specific foster care provider);
(4) Include a description of the services offered and provided to
prevent removal of the child from the home and to reunify the family;
and
(5) Document the steps to finalize a placement when the case plan
goal is or becomes adoption or placement in another permanent home in
accordance with sections 475(1)(E) and (5)(E) of the Act. When the case
plan goal is adoption, at a minimum, such documentation shall include
child-specific recruitment efforts such as the use of State, regional,
and national adoption exchanges including electronic exchange systems.

(This requirement has been approved by the Office of Management and
Budget under OMB Control Number 0980-0140. In accordance with the
Paperwork Reduction Act of 1995, an agency may not conduct or sponsor,
and a person is not required to respond to, a collection of information
unless it displays a currently valid OMB control number.)

(h) Application of the permanency hearing requirements. (1) To meet
the requirements of the permanency hearing, the State must, among other
requirements, comply with section 475(5)(C) of the Act.
(2) In accordance with paragraph (b)(3) of this section, when a
court determines that reasonable efforts to return the child home are
not required, a permanency hearing must be held within 30 days of that
determination, unless the requirements of the permanency hearing are
fulfilled at the hearing in which the court determines that reasonable
efforts to reunify the child and family are not required.
(3) If the State concludes, after considering reunification,
adoption, legal guardianship, or permanent placement with a fit and
willing relative, that the most appropriate permanency plan for a child
is placement in another planned permanent living arrangement, the State
must document to the court the compelling reason for the alternate plan.
Examples of a compelling reason for establishing such a permanency plan
may include:
(i) The case of an older teen who specifically requests that
emancipation be established as his/her permanency plan;
(ii) The case of a parent and child who have a significant bond but
the parent is unable to care for the child because of an emotional or
physical disability and the child’s foster parents have committed to
raising him/her to the age of majority and to facilitate visitation with
the disabled parent; or,
(iii) the Tribe has identified another planned permanent living
arrangement for the child.
(4) When an administrative body, appointed or approved by the court,
conducts the permanency hearing, the procedural safeguards set forth in
the definition of permanency hearing must be so extended by the
administrative body.
(i) Application of the requirements for filing a petition to
terminate parental rights at section 475(5)(E) of the Social Security
Act. (1) Subject to the exceptions in paragraph (i)(2) of this section,
the State must file a petition (or, if such a petition has been filed by
another party, seek to be joined as a party to the petition) to
terminate the parental rights of a parent(s):
(i) Whose child has been in foster care under the responsibility of
the State for 15 of the most recent 22 months. The petition must be
filed by the end of the child’s fifteenth month in foster care. In
calculating when to file a petition for termination of parental rights,
the State:

[[Page 314]]

(A) Must calculate the 15 out of the most recent 22 month period
from the date the child is considered to have entered foster care as
defined at section 475(5)(F) of the Act and Sec. 1355.20 of this part;
(B) Must use a cumulative method of calculation when a child
experiences multiple exits from and entries into foster care during the
22 month period;
(C) Must not include trial home visits or runaway episodes in
calculating 15 months in foster care; and,
(D) Need only apply section 475(5)(E) of the Act to a child once if
the State does not file a petition because one of the exceptions at
paragraph (i)(2) of this section applies;
(ii) Whose child has been determined by a court of competent
jurisdiction to be an abandoned infant (as defined under State law). The
petition to terminate parental rights must be filed within 60 days of
the judicial determination that the child is an abandoned infant; or,
(iii) Who has been convicted of one of the felonies listed at
paragraph (b)(3)(ii) of this section. Under such circumstances, the
petition to terminate parental rights must be filed within 60 days of a
judicial determination that reasonable efforts to reunify the child and
parent are not required.
(2) The State may elect not to file or join a petition to terminate
the parental rights of a parent per paragraph (i)(1) of this section if:
(i) At the option of the State, the child is being cared for by a
relative;
(ii) The State agency has documented in the case plan (which must be
available for court review) a compelling reason for determining that
filing such a petition would not be in the best interests of the
individual child. Compelling reasons for not filing a petition to
terminate parental rights include, but are not limited to:
(A) Adoption is not the appropriate permanency goal for the child;
or,
(B) No grounds to file a petition to terminate parental rights
exist; or,
(C) The child is an unaccompanied refugee minor as defined in 45 CFR
400.111; or
(D) There are international legal obligations or compelling foreign
policy reasons that would preclude terminating parental rights; or
(iii) The State agency has not provided to the family, consistent
with the time period in the case plan, services that the State deems
necessary for the safe return of the child to the home, when reasonable
efforts to reunify the family are required.
(3) When the State files or joins a petition to terminate parental
rights in accordance with paragraph (i)(1) of this section, it must
concurrently begin to identify, recruit, process, and approve a
qualified adoptive family for the child.
(j) Child of a minor parent in foster care. Foster care maintenance
payments made on behalf of a child placed in a foster family home or
child care institution, who is the parent of a son or daughter in the
same home or institution, must include amounts which are necessary to
cover costs incurred on behalf of the child’s son or daughter. Said
costs must be limited to funds expended on items listed in the
definition of foster care maintenance payments in Sec. 1355.20 of this
part.
(k) Removal from the home of a specified relative. (1) For the
purposes of meeting the requirements of section 472(a)(1) of the Act, a
removal from the home must occur pursuant to:
(i) A voluntary placement agreement entered into by a parent or
guardian which leads to a physical or constructive removal (i.e., a non-
physical or paper removal of custody) of the child from the home; or
(ii) A judicial order for a physical or constructive removal of the
child from a parent or specified relative.
(2) A removal has not occurred in situations where legal custody is
removed from the parent or relative and the child remains with the same
relative in that home under supervision by the State agency.
(3) A child is considered constructively removed on the date of the
first judicial order removing custody, even temporarily, from the
appropriate specified relative or the date that the voluntary placement
agreement is signed by all relevant parties.
(l) Living with a specified relative.For purposes of meeting the
requirements for living with a specified relative prior

[[Page 315]]

to removal from the home under section 472(a)(1) of the Act and all of
the conditions under section 472(a)(4), one of the two following
situations must apply:
(1) The child was living with the parent or specified relative, and
was AFDC eligible in that home in the month of the voluntary placement
agreement or initiation of court proceedings; or
(2) The child had been living with the parent or specified relative
within six months of the month of the voluntary placement agreement or
the initiation of court proceedings, and the child would have been AFDC
eligible in that month if s/he had still been living in that home.
(m) Review of payments and licensing standards. In meeting the
requirements of section 471(a)(11) of the Act, the State must review at
reasonable, specific, time-limited periods to be established by the
State:
(1) The amount of the payments made for foster care maintenance and
adoption assistance to assure their continued appropriateness; and
(2) The licensing or approval standards for child care institutions
and foster family homes.
(n) Foster care goals. The specific foster care goals required under
section 471(a)(14) of the Act must be incorporated into State law by
statute or administrative regulation with the force of law.
(o) Notice and opportunity to be heard. The State must provide the
foster parent(s) of a child and any preadoptive parent or relative
providing care for the child with timely notice of and an opportunity to
be heard in permanency hearings and six-month periodic reviews held with
respect to the child during the time the child is in the care of such
foster parent, preadoptive parent, or relative caregiver. Notice of and
an opportunity to be heard does not include the right to standing as a
party to the case.

[65 FR 4088, Jan. 25, 2000, as amended at 66 FR 58677, Nov. 23, 2001]

[Code of Federal Regulations]
[Title 45, Volume 4]
[Revised as of October 1, 2009]
From the U.S. Government Printing Office via GPO Access
[CITE: 45CFR1357.15]

[Page 344-350]

TITLE 45–PUBLIC WELFARE

CHAPTER XIII–OFFICE OF HUMAN DEVELOPMENT SERVICES, DEPARTMENT OF HEALTH
AND HUMAN SERVICES

PART 1357_REQUIREMENTS APPLICABLE TO TITLE IV-B–Table of Contents

Sec. 1357.15 Comprehensive child and family services plan requirements.

(a) Scope. (1) The CFSP provides an opportunity to lay the
groundwork for a system of coordinated, integrated, culturally relevant
family focused services. This section describes the requirements for the
development, implementation and phase-in of the five-year comprehensive
child and family services plan (CFSP). The State’s CFSP must meet the
requirements of both of the following programs. The Indian Tribe’s CFSP
must meet the requirements of one or both of the following programs
depending on the Tribe’s eligibility:
(i) Child welfare services under title IV-B, subpart 1; and
(ii) Family preservation and family support services under title IV-
B, subpart 2.
(2) For States only, the CFSP also must contain information on the
following programs:
(i) The independent living program under title IV-E, section 477 of
the Act; and
(ii) The Child Abuse and Neglect State grant program (known as the
Basic State Grant) under the Child Abuse Prevention and Treatment Act
(CAPTA) (42 U.S.C. 5101 et. seq.).
(3) States must meet all requirements of this section except those
that apply only to Indian Tribes. Indian Tribes must meet the
requirements of this section only as specified.
(4) States and eligible Indian Tribes have the option to phase-in
the requirements for a consolidated CFSP. The consolidated CFSP
requirements must be in place by June 30, 1997 and meet the requirements
of 45 CFR 1357.16.
(b) Eligibility for funds. (1) In order to receive funding under
title IV-B, subparts 1 and 2, each State and eligible Indian Tribe must
submit and have approved a consolidated, five-year Child and Family
Services Plan (CFSP) and a CFS-101, Budget Request and Estimated
Expenditure Report that meets the requirements under 45 CFR 1357.16.
(2) States and Indian Tribes that are consolidating the requirements
for a CFSP in FY 1995, in accordance with Sec. 1357.15(a), must submit
the CFSP and a CFS-101 for FY 1995 and 1996 by June 30, 1995.
(3) States and eligible Indian Tribes choosing to phase-in the
requirements for a consolidated CFSP in FY 1996 and 1997 must submit the
CFSP, the CFS-101 for FY 1995 for subpart 1 and 2, and the CFS-101 for
subpart 2 for FY 1996 by June 30, 1995.
(4) The CFSP will be approved only if the plan was developed jointly
by ACF and the State (or the Indian Tribe), and only after broad
consultation by the

[[Page 345]]

State (and the Indian Tribe) with a wide range of appropriate public and
non-profit private agencies and community-based organizations with
experience in administering programs of services for children and
families (including family preservation and support services).
(5) By June 30, 1996, each grantee must submit and have approved the
first Annual Progress and Services Report and a CFS 101 for FY 1997 that
meets the statutory and regulatory requirements of title IV-B, subparts
1 and 2.
(6) The Annual Progress and Services Report will be approved if it
was developed jointly by ACF and the State (or the Indian Tribe) and if
it meets the requirements of 45 CFR 1357.16.
(7) The five-year CFSP for FYs 1995-1999 may be submitted in the
format of the State’s or the Indian Tribe’s choice and must be submitted
no later than June 30, 1995, to the appropriate ACF Regional Office.
(c) Assurances. The following assurances will remain in effect on an
ongoing basis and will need to be re-submitted only if a significant
change in the State or the Indian Tribe’s program affects an assurance:
(1) The State or Indian Tribe must assure that it will participate
in any evaluations the Secretary of HHS may require.
(2) The State or Indian Tribe must assure that it will administer
the CFSP in accordance with methods determined by the Secretary to be
proper and efficient.
(3) The State or Indian Tribe must assure that it has a plan for the
training and use of paid paraprofessional staff, with particular
emphasis on the full-time or part-time employment of low-income persons,
as community service aides; and a plan for the use of nonpaid or
partially paid volunteers in providing services and in assisting any
advisory committees established by the State or Tribe.
(4) The State or Indian Tribe must assure that standards and
requirements imposed with respect to child care under title XX shall
apply with respect to day care services, if provided under the CFSP,
except insofar as eligibility for such services is involved.
(d) The child and family services plan (CFSP): general. The State
and the Indian Tribe must base the development of the CFSP on a planning
process that includes:
(1) broad involvement and consultation with a wide range of
appropriate public and non-profit private agencies and community-based
organizations, parents, including parents who are involved or have
experience with the child welfare system, and others;
(2) coordination of the provision of services under the plan with
other Federal and federally assisted programs serving children and
families, including youth and adolescents; and
(3) collection of existing or available information to help
determine vulnerable or at-risk populations or target areas; assess
service needs and resources; identify gaps in services; select
priorities for targeting funding and services; formulate goals and
objectives; and develop opportunities for bringing about more effective
and accessible services for children and families.
(e) State agency administering the programs. (1) The State’s CFSP
must identify the name of the State agency that will administer the
title IV-B programs under the plan. Except as provided by statute, the
same agency is required to administer or supervise the administration of
all programs under titles IV-B and IV-E of the Act and the social
services block grant program under title XX of the Act. (See the
definition of “State agency” in 45 CFR 1355.20.)
(2) The CFSP must include a description of the organization and
function of the State agency and organizational charts as appropriate.
It also must identify the organizational unit(s) within the State agency
responsible for the operation and administration of the CFSP, and
include a description of the unit’s organization and function and a copy
of the organizational chart(s).
(f) Indian Tribal organization administering the program(s). (1) The
Indian Tribe’s CFSP must provide the name of the Indian Tribal
organization (ITO) designated to administer funds under title IV-B,
subpart 1, child welfare services and/or under subpart 2, family

[[Page 346]]

preservation and family support services. If the Indian Tribe receives
funds under both subparts, the same agency or organization must
administer both programs.
(2) The Indian Tribe’s CFSP must include a description of the
organization and function of the office responsible for the operation
and administration of the CFSP, an organizational chart of that office,
and a description of how that office relates to Tribal and other offices
operating or administering services programs within the Indian Tribe’s
service area (e.g., Indian Health Service.)
(g) Vision Statement. The CFSP must include a vision statement which
articulates the grantee’s philosophy in providing child and family
services and developing or improving a coordinated service delivery
system. The vision should reflect the service principles at section
1355.25.
(h) Goals. The CFSP must specify the goals, based on the vision
statement, that will be accomplished during and by the end of the five-
year period of the plan. The goals must be expressed in terms of
improved outcomes for and the safety, permanency and well-being of
children and families, and in terms of a more comprehensive,
coordinated, and effective child and family service delivery system.
(i) Objectives. (1) The CFSP must include the realistic, specific,
quantifiable and measurable objectives that will be undertaken to
achieve each goal. Each objective should focus on outcomes for children,
youth, and/or their families or on elements of service delivery (such as
quality) that are linked to outcomes in important ways. Each objective
should include both interim benchmarks and a long-term timetable, as
appropriate, for achieving the objective.
(2) For States and Indian Tribes administering the title IV-B,
subpart 1 program, the CFSP must include objectives to make progress in
covering additional political subdivisions, reaching additional children
in need of services, expanding and strengthening the range of existing
services, and developing new types of services.
(j) Measures of progress. The CFSP must describe the methods to be
used in measuring the results, accomplishments, and annual progress
toward meeting the goals and objectives, especially the outcomes for
children, youth, and families. Processes and procedures assuring the
production of valid and reliable data and information must be specified.
The data and information must be capable of determining whether or not
the interim benchmarks and multiyear timetable for accomplishing CFSP
goals and objectives are being met.
(k) Baseline information. (1) For FY 1995, the State and the Indian
Tribe must base the development of the CFSP vision, goals, objectives,
and funding and service decisions on an analysis of available baseline
information and any trends over time on indicators in the following
areas: the well-being of children and families; the needs of children
and families; the nature, scope, and adequacy of existing child and
family and related social services. Additional and updated information
on service needs and organizational capacities must be obtained
throughout the five-year period to measure progress in accomplishing the
goals and objectives cited in the CFSP. A description of how this
process will continue to be carried out must be included in the CFSP,
and any revisions should be provided in the Annual Progress and Services
Report.
(2) The State must collect and analyze State-wide information on
family preservation and family support services currently available to
families and children, including the nature and scope of existing public
and privately funded family support and family preservation services;
the extent to which each service is available and being provided in
different geographic areas and to different types of families; and
important gaps in service, including mismatches between available
services and family needs as identified through baseline data and the
consultation process. Other services which impact on the ability to
preserve and support families may be included in the assessment. The
Indian Tribe must collect and analyze information on family preservation
and family support services currently available within their

[[Page 347]]

service delivery area including the information in this paragraph as
appropriate. An Indian Tribe may submit documentation prepared to
satisfy the requirements of other Federal child welfare grants, or
contracts (such as the section 638 reporting form), along with a
descriptive addendum addressing specifically the family preservation and
family support services available.
(3) The CFSP must include a summary of the information used in
developing the plan; an explanation of how this information and analysis
were used in developing the goals, objectives, and funding and service
decisions, including decisions about geographic targeting and service
mix; a description of how information will be used to measure progress
over the five-year period; and how this information will be used to
facilitate the coordination of services.
(l) Consultation. (1) The State’s CFSP must describe the internal
and external consultation process used to obtain broad and active
involvement of major actors across the entire spectrum of the child and
family service delivery system in the development of the plan. The
description should explain how this process was coordinated with or was
a part of other planning processes in the State; how it led or will lead
to improved coordination of services.
(2) The Indian Tribe’s CFSP must describe the consultation process
appropriate to its needs and circumstances used to obtain the active
involvement of major actors providing child and family services within
the Tribe’s area of jurisdiction.
(3) For States and Indian Tribes, the consultation process must
involve:
(i) All appropriate offices and agencies within the State agency or
within the Indian Tribal service delivery system (e.g., child protective
services (CPS), foster care and adoption, the social services block
grant, reunification services, independent living, and other services to
youth;)
(ii) In a State-supervised, county-administered State, county social
services and/or child welfare directors or representatives of the county
social services/child welfare administrators’ association;
(iii) A wide array of State, local, Tribal, and community-based
agencies and organizations, both public and private nonprofit with
experience in administering programs of services for infants, children,
youth, adolescents, and families, including family preservation and
family support services;
(iv) Parents, including birth and adoptive parents, foster parents,
families with a member with a disability, children both in and outside
the child welfare system, and consumers of services from diverse groups;
(v) For States, representatives of Indian Tribes within the State;
(vi) For States, representatives of local government (e.g.,
counties, cities, and other communities, neighborhoods, or areas where
needs for services are great;)
(vii) Representatives of professional and advocacy organizations
(including, for example foundations and national resource centers with
expertise to assist States and Indian Tribes to design, expand, and
improve the delivery of services); individual practitioners working with
children and families; the courts; representatives or other States or
Indian Tribes with experience in administering family preservation and
family support services; and academicians, especially those assisting
the child and family service agency with management information systems,
training curricula, and evaluations;
(viii) Representatives of State and local agencies administering
Federal and federally assisted programs which may include: Head Start;
the local education agency (school-linked social services, adult
education and literacy programs, Part H programs); developmental
disabilities; nutrition services (Food Stamps, Special Supplemental Food
Program for Women, Infants and Children (WIC)); Title IV-A; runaway
youth, youth gang, juvenile justice programs and youth residential and
training institutions; child care and development block grant (CCDBG)
and respite care programs; domestic and community violence prevention
and services programs; housing programs; the health agency (substance
abuse, Healthy Start, maternal and child health, Early and Periodic
Screening, Diagnosis, and Treatment (EPSDT),

[[Page 348]]

mental health, and public health nursing); law enforcement; Children’s
Trust Funds; Community-Based Family Resource Programs, and new Federal
initiatives such as the Empowerment Zones and Enterprise Communities
Program; and
(ix) Administrators, supervisors and front line workers (direct
service providers) of the State child and family services agency.
(4) The CFSP must describe the ongoing consultation process that
each grantee will use to ensure the continued involvement of a wide
range of major actors in meeting the goals and objectives over the five-
year operational period of the plan and developing the Annual Progress
and Services Report.
(m) Services coordination. (1) States must include in the ongoing
coordination process representatives of the full range of child and
family services provided by the State agency as well as other service
delivery systems providing social, health, education, and economic
services (including mental health, substance abuse, developmental
disabilities, and housing) to improve access and deliver a range of
services to children and their families.
(2) The State’s CFSP must describe how services under the plan will
be coordinated over the five-year period with services or benefits under
other Federal or federally assisted programs serving the same
populations to achieve the goals and objectives in the plan. The
description must include the participants in the process and examples of
how the process led or will lead to additional coordination of services
(e.g., integrated service models, improved accessibility, use of a
consolidated application or intake form, inter-disciplinary training,
coordinated case management for several programs, pooled resources
through blended financing, shared information across services providers
and compatible and linked automated information systems, co-location of
several services or programs.)
(3) The Indian Tribe must include in the coordination process
representatives of other Federal or federally assisted child and family
services or related programs. The Indian Tribe’s CFSP must describe how
services under the plan will be coordinated over the five-year period
with services or benefits under other Federal or federally assisted
programs serving the same populations to achieve the goals and
objectives in the plan. The descriptions must include the participants
in the process and any examples of how the process led or will lead to
additional coordination of services.
(n) Services. (1) The State’s CFSP must describe the publicly funded
child and family services continuum: child welfare services (including
child abuse and neglect prevention, intervention, and treatment
services; and foster care); family preservation services; family support
services; and services to support reunification, adoption, kinship care,
independent living, or other permanent living arrangements.
(2) The Indian Tribe’s CFSP must describe the child welfare services
(including child abuse and neglect prevention, intervention, treatment
services and foster care) and/or the family support and family
preservation services to be provided.
(3) For each service described, the CFSP must include the following
information, or it must be listed on the CFS-101, Part II:
(i) The population(s) to be served;
(ii) The geographic area(s) where the services will be available;
(iii) The estimated number of individuals and/or families to be
served;
(iv) The estimated expenditures for these services from Federal,
State, local, and donated sources, including title IV-B, subparts 1 and
2, the CAPTA program referenced in paragraph (a) of this section, and
the independent living program.
(o) Family preservation and family support services and linkages to
other social and health services. (1) The State’s CFSP must explain how
the funds under title IV-B, subpart 2 of the Act, will be used to
develop or expand family support and family preservation services; how
the family support and family preservation services relate to existing
family support and family preservation services; and how these family
support and preservation services will be linked to other services in

[[Page 349]]

the child and family services continuum.
(2) The State’s CFSP must explain whether and/or how funds under the
CAPTA and independent living programs are coordinated with and
integrated into the child and family services continuum described in the
plan.
(3) The State’s CFSP must describe the existing or current linkages
and the coordination of services between the services in the child and
family services continuum and the services in other public services
systems (e.g., health, education, housing, substance abuse, the courts),
and other Federal and non-federally funded public and nonprofit private
programs (e.g., Children’s Trust Funds, Community-Based Family Resource
Programs, private foundations.)
(p) Services in relation to service principles. The CFSP must
describe how the child and family services to be provided are designed
to assure the safety and protection of children as well as the
preservation and support of families, and how they are or will be
designed to be consistent with the other service principles in 45 CFR
1355.25.
(q) Services in relation to permanency planning. For States
administering both title IV-B programs (subparts 1 and 2), the CFSP must
explain how these services will help meet the permanency provisions for
children and families in sections 422(b)(9) and 471 of the Act (e.g.,
preplacement preventive services, reunification services, independent
living services.) The CFSP must describe the arrangements, jointly
developed with the Indian Tribes within its borders, made for the
provision of the child welfare services and protections in section
422(b)(9) to Indian children under both State and Tribal jurisdiction.
(r) Decision-making process: selection of family support programs
for funding. The State’s CFSP must include an explanation of how
agencies and organizations were selected for funding to provide family
support services and how these agencies and organizations meet the
requirement that family support services be community-based.
(s) Significant portion of funds used for family support and family
preservation services. With each fiscal year’s budget request, each
State must indicate the specific percentage of family preservation and
family support funds (title IV-B, subpart 2) that the State will expend
for community-based family support and for family preservation services,
and the rationale for the decision. The State must have an especially
strong rationale if the request for either percentage is below 25
percent. It must also include an explanation of how this distribution
was reached and why it meets the requirements that a “significant
portion” of the service funds must be spent for each service. Examples
of important considerations might include the nature of the planning
efforts that led to the decision, the level of existing State effort in
each area, and the resulting need for new or expanded services.
(t) Staff training, technical assistance, and evaluation. (1) The
State’s CFSP must include a staff development and training plan in
support of the goals and objectives in the CFSP which addresses both of
the title IV-B programs covered by the plan. This training plan also
must be combined with the training plan under title IV-E as required by
45 CFR 1356.60(b)(2). Training must be an on-going activity and must
include content from various disciplines and knowledge bases relevant to
child and family services policies, programs and practices. Training
content must also support the cross-system coordination consultation
basic to the development of the CFSP.
(2) The State’s CFSP must describe the technical assistance
activities that will be undertaken in support of the goals and
objectives in the plan.
(3) The State’s CFSP must describe any evaluation and research
activities underway or planned with which the State agency is involved
or participating and which are related to the goals and objectives in
the plan.
(u) Quality assurance. The State must include in the CFSP a
description of the quality assurance system it will use to regularly
assess the quality of services under the CFSP and assure that there will
be measures to address identified problems.
(v) Distribution of the CFSP and the annual progress and services
report. The CFSP must include a description of

[[Page 350]]

how the State and the Indian Tribe will make available to interested
parties the CFSP and the Annual Progress and Services Report. (See 45
CFR 1355.21(c) and 45 CFR 1357.16(d)). State agencies and Indian Tribal
organizations within the State must exchange copies of their CFSPs and
their annual services reports.

(This requirement has been approved by the Office of Management and
Budget under OMB Control Number 0980-0047. In accordance with the
Paperwork Reduction Act of 1995, an agency may not conduct or sponsor,
and a person is not required to respond to, a collection of information
unless it displays a currently valid OMB control number.)

[61 FR 58656, Nov. 18, 1996, as amended at 66 FR 58677, Nov. 23, 2001]

[Code of Federal Regulations]
[Title 45, Volume 4]
[Revised as of October 1, 2009]
From the U.S. Government Printing Office via GPO Access
[CITE: 45CFR1357.15]

[Page 344-350]

TITLE 45–PUBLIC WELFARE

CHAPTER XIII–OFFICE OF HUMAN DEVELOPMENT SERVICES, DEPARTMENT OF HEALTH
AND HUMAN SERVICES

PART 1357_REQUIREMENTS APPLICABLE TO TITLE IV-B–Table of Contents

Sec. 1357.15 Comprehensive child and family services plan requirements.

(a) Scope. (1) The CFSP provides an opportunity to lay the
groundwork for a system of coordinated, integrated, culturally relevant
family focused services. This section describes the requirements for the
development, implementation and phase-in of the five-year comprehensive
child and family services plan (CFSP). The State’s CFSP must meet the
requirements of both of the following programs. The Indian Tribe’s CFSP
must meet the requirements of one or both of the following programs
depending on the Tribe’s eligibility:
(i) Child welfare services under title IV-B, subpart 1; and
(ii) Family preservation and family support services under title IV-
B, subpart 2.
(2) For States only, the CFSP also must contain information on the
following programs:
(i) The independent living program under title IV-E, section 477 of
the Act; and
(ii) The Child Abuse and Neglect State grant program (known as the
Basic State Grant) under the Child Abuse Prevention and Treatment Act
(CAPTA) (42 U.S.C. 5101 et. seq.).
(3) States must meet all requirements of this section except those
that apply only to Indian Tribes. Indian Tribes must meet the
requirements of this section only as specified.
(4) States and eligible Indian Tribes have the option to phase-in
the requirements for a consolidated CFSP. The consolidated CFSP
requirements must be in place by June 30, 1997 and meet the requirements
of 45 CFR 1357.16.
(b) Eligibility for funds. (1) In order to receive funding under
title IV-B, subparts 1 and 2, each State and eligible Indian Tribe must
submit and have approved a consolidated, five-year Child and Family
Services Plan (CFSP) and a CFS-101, Budget Request and Estimated
Expenditure Report that meets the requirements under 45 CFR 1357.16.
(2) States and Indian Tribes that are consolidating the requirements
for a CFSP in FY 1995, in accordance with Sec. 1357.15(a), must submit
the CFSP and a CFS-101 for FY 1995 and 1996 by June 30, 1995.
(3) States and eligible Indian Tribes choosing to phase-in the
requirements for a consolidated CFSP in FY 1996 and 1997 must submit the
CFSP, the CFS-101 for FY 1995 for subpart 1 and 2, and the CFS-101 for
subpart 2 for FY 1996 by June 30, 1995.
(4) The CFSP will be approved only if the plan was developed jointly
by ACF and the State (or the Indian Tribe), and only after broad
consultation by the

[[Page 345]]

State (and the Indian Tribe) with a wide range of appropriate public and
non-profit private agencies and community-based organizations with
experience in administering programs of services for children and
families (including family preservation and support services).
(5) By June 30, 1996, each grantee must submit and have approved the
first Annual Progress and Services Report and a CFS 101 for FY 1997 that
meets the statutory and regulatory requirements of title IV-B, subparts
1 and 2.
(6) The Annual Progress and Services Report will be approved if it
was developed jointly by ACF and the State (or the Indian Tribe) and if
it meets the requirements of 45 CFR 1357.16.
(7) The five-year CFSP for FYs 1995-1999 may be submitted in the
format of the State’s or the Indian Tribe’s choice and must be submitted
no later than June 30, 1995, to the appropriate ACF Regional Office.
(c) Assurances. The following assurances will remain in effect on an
ongoing basis and will need to be re-submitted only if a significant
change in the State or the Indian Tribe’s program affects an assurance:
(1) The State or Indian Tribe must assure that it will participate
in any evaluations the Secretary of HHS may require.
(2) The State or Indian Tribe must assure that it will administer
the CFSP in accordance with methods determined by the Secretary to be
proper and efficient.
(3) The State or Indian Tribe must assure that it has a plan for the
training and use of paid paraprofessional staff, with particular
emphasis on the full-time or part-time employment of low-income persons,
as community service aides; and a plan for the use of nonpaid or
partially paid volunteers in providing services and in assisting any
advisory committees established by the State or Tribe.
(4) The State or Indian Tribe must assure that standards and
requirements imposed with respect to child care under title XX shall
apply with respect to day care services, if provided under the CFSP,
except insofar as eligibility for such services is involved.
(d) The child and family services plan (CFSP): general. The State
and the Indian Tribe must base the development of the CFSP on a planning
process that includes:
(1) broad involvement and consultation with a wide range of
appropriate public and non-profit private agencies and community-based
organizations, parents, including parents who are involved or have
experience with the child welfare system, and others;
(2) coordination of the provision of services under the plan with
other Federal and federally assisted programs serving children and
families, including youth and adolescents; and
(3) collection of existing or available information to help
determine vulnerable or at-risk populations or target areas; assess
service needs and resources; identify gaps in services; select
priorities for targeting funding and services; formulate goals and
objectives; and develop opportunities for bringing about more effective
and accessible services for children and families.
(e) State agency administering the programs. (1) The State’s CFSP
must identify the name of the State agency that will administer the
title IV-B programs under the plan. Except as provided by statute, the
same agency is required to administer or supervise the administration of
all programs under titles IV-B and IV-E of the Act and the social
services block grant program under title XX of the Act. (See the
definition of “State agency” in 45 CFR 1355.20.)
(2) The CFSP must include a description of the organization and
function of the State agency and organizational charts as appropriate.
It also must identify the organizational unit(s) within the State agency
responsible for the operation and administration of the CFSP, and
include a description of the unit’s organization and function and a copy
of the organizational chart(s).
(f) Indian Tribal organization administering the program(s). (1) The
Indian Tribe’s CFSP must provide the name of the Indian Tribal
organization (ITO) designated to administer funds under title IV-B,
subpart 1, child welfare services and/or under subpart 2, family

[[Page 346]]

preservation and family support services. If the Indian Tribe receives
funds under both subparts, the same agency or organization must
administer both programs.
(2) The Indian Tribe’s CFSP must include a description of the
organization and function of the office responsible for the operation
and administration of the CFSP, an organizational chart of that office,
and a description of how that office relates to Tribal and other offices
operating or administering services programs within the Indian Tribe’s
service area (e.g., Indian Health Service.)
(g) Vision Statement. The CFSP must include a vision statement which
articulates the grantee’s philosophy in providing child and family
services and developing or improving a coordinated service delivery
system. The vision should reflect the service principles at section
1355.25.
(h) Goals. The CFSP must specify the goals, based on the vision
statement, that will be accomplished during and by the end of the five-
year period of the plan. The goals must be expressed in terms of
improved outcomes for and the safety, permanency and well-being of
children and families, and in terms of a more comprehensive,
coordinated, and effective child and family service delivery system.
(i) Objectives. (1) The CFSP must include the realistic, specific,
quantifiable and measurable objectives that will be undertaken to
achieve each goal. Each objective should focus on outcomes for children,
youth, and/or their families or on elements of service delivery (such as
quality) that are linked to outcomes in important ways. Each objective
should include both interim benchmarks and a long-term timetable, as
appropriate, for achieving the objective.
(2) For States and Indian Tribes administering the title IV-B,
subpart 1 program, the CFSP must include objectives to make progress in
covering additional political subdivisions, reaching additional children
in need of services, expanding and strengthening the range of existing
services, and developing new types of services.
(j) Measures of progress. The CFSP must describe the methods to be
used in measuring the results, accomplishments, and annual progress
toward meeting the goals and objectives, especially the outcomes for
children, youth, and families. Processes and procedures assuring the
production of valid and reliable data and information must be specified.
The data and information must be capable of determining whether or not
the interim benchmarks and multiyear timetable for accomplishing CFSP
goals and objectives are being met.
(k) Baseline information. (1) For FY 1995, the State and the Indian
Tribe must base the development of the CFSP vision, goals, objectives,
and funding and service decisions on an analysis of available baseline
information and any trends over time on indicators in the following
areas: the well-being of children and families; the needs of children
and families; the nature, scope, and adequacy of existing child and
family and related social services. Additional and updated information
on service needs and organizational capacities must be obtained
throughout the five-year period to measure progress in accomplishing the
goals and objectives cited in the CFSP. A description of how this
process will continue to be carried out must be included in the CFSP,
and any revisions should be provided in the Annual Progress and Services
Report.
(2) The State must collect and analyze State-wide information on
family preservation and family support services currently available to
families and children, including the nature and scope of existing public
and privately funded family support and family preservation services;
the extent to which each service is available and being provided in
different geographic areas and to different types of families; and
important gaps in service, including mismatches between available
services and family needs as identified through baseline data and the
consultation process. Other services which impact on the ability to
preserve and support families may be included in the assessment. The
Indian Tribe must collect and analyze information on family preservation
and family support services currently available within their

[[Page 347]]

service delivery area including the information in this paragraph as
appropriate. An Indian Tribe may submit documentation prepared to
satisfy the requirements of other Federal child welfare grants, or
contracts (such as the section 638 reporting form), along with a
descriptive addendum addressing specifically the family preservation and
family support services available.
(3) The CFSP must include a summary of the information used in
developing the plan; an explanation of how this information and analysis
were used in developing the goals, objectives, and funding and service
decisions, including decisions about geographic targeting and service
mix; a description of how information will be used to measure progress
over the five-year period; and how this information will be used to
facilitate the coordination of services.
(l) Consultation. (1) The State’s CFSP must describe the internal
and external consultation process used to obtain broad and active
involvement of major actors across the entire spectrum of the child and
family service delivery system in the development of the plan. The
description should explain how this process was coordinated with or was
a part of other planning processes in the State; how it led or will lead
to improved coordination of services.
(2) The Indian Tribe’s CFSP must describe the consultation process
appropriate to its needs and circumstances used to obtain the active
involvement of major actors providing child and family services within
the Tribe’s area of jurisdiction.
(3) For States and Indian Tribes, the consultation process must
involve:
(i) All appropriate offices and agencies within the State agency or
within the Indian Tribal service delivery system (e.g., child protective
services (CPS), foster care and adoption, the social services block
grant, reunification services, independent living, and other services to
youth;)
(ii) In a State-supervised, county-administered State, county social
services and/or child welfare directors or representatives of the county
social services/child welfare administrators’ association;
(iii) A wide array of State, local, Tribal, and community-based
agencies and organizations, both public and private nonprofit with
experience in administering programs of services for infants, children,
youth, adolescents, and families, including family preservation and
family support services;
(iv) Parents, including birth and adoptive parents, foster parents,
families with a member with a disability, children both in and outside
the child welfare system, and consumers of services from diverse groups;
(v) For States, representatives of Indian Tribes within the State;
(vi) For States, representatives of local government (e.g.,
counties, cities, and other communities, neighborhoods, or areas where
needs for services are great;)
(vii) Representatives of professional and advocacy organizations
(including, for example foundations and national resource centers with
expertise to assist States and Indian Tribes to design, expand, and
improve the delivery of services); individual practitioners working with
children and families; the courts; representatives or other States or
Indian Tribes with experience in administering family preservation and
family support services; and academicians, especially those assisting
the child and family service agency with management information systems,
training curricula, and evaluations;
(viii) Representatives of State and local agencies administering
Federal and federally assisted programs which may include: Head Start;
the local education agency (school-linked social services, adult
education and literacy programs, Part H programs); developmental
disabilities; nutrition services (Food Stamps, Special Supplemental Food
Program for Women, Infants and Children (WIC)); Title IV-A; runaway
youth, youth gang, juvenile justice programs and youth residential and
training institutions; child care and development block grant (CCDBG)
and respite care programs; domestic and community violence prevention
and services programs; housing programs; the health agency (substance
abuse, Healthy Start, maternal and child health, Early and Periodic
Screening, Diagnosis, and Treatment (EPSDT),

[[Page 348]]

mental health, and public health nursing); law enforcement; Children’s
Trust Funds; Community-Based Family Resource Programs, and new Federal
initiatives such as the Empowerment Zones and Enterprise Communities
Program; and
(ix) Administrators, supervisors and front line workers (direct
service providers) of the State child and family services agency.
(4) The CFSP must describe the ongoing consultation process that
each grantee will use to ensure the continued involvement of a wide
range of major actors in meeting the goals and objectives over the five-
year operational period of the plan and developing the Annual Progress
and Services Report.
(m) Services coordination. (1) States must include in the ongoing
coordination process representatives of the full range of child and
family services provided by the State agency as well as other service
delivery systems providing social, health, education, and economic
services (including mental health, substance abuse, developmental
disabilities, and housing) to improve access and deliver a range of
services to children and their families.
(2) The State’s CFSP must describe how services under the plan will
be coordinated over the five-year period with services or benefits under
other Federal or federally assisted programs serving the same
populations to achieve the goals and objectives in the plan. The
description must include the participants in the process and examples of
how the process led or will lead to additional coordination of services
(e.g., integrated service models, improved accessibility, use of a
consolidated application or intake form, inter-disciplinary training,
coordinated case management for several programs, pooled resources
through blended financing, shared information across services providers
and compatible and linked automated information systems, co-location of
several services or programs.)
(3) The Indian Tribe must include in the coordination process
representatives of other Federal or federally assisted child and family
services or related programs. The Indian Tribe’s CFSP must describe how
services under the plan will be coordinated over the five-year period
with services or benefits under other Federal or federally assisted
programs serving the same populations to achieve the goals and
objectives in the plan. The descriptions must include the participants
in the process and any examples of how the process led or will lead to
additional coordination of services.
(n) Services. (1) The State’s CFSP must describe the publicly funded
child and family services continuum: child welfare services (including
child abuse and neglect prevention, intervention, and treatment
services; and foster care); family preservation services; family support
services; and services to support reunification, adoption, kinship care,
independent living, or other permanent living arrangements.
(2) The Indian Tribe’s CFSP must describe the child welfare services
(including child abuse and neglect prevention, intervention, treatment
services and foster care) and/or the family support and family
preservation services to be provided.
(3) For each service described, the CFSP must include the following
information, or it must be listed on the CFS-101, Part II:
(i) The population(s) to be served;
(ii) The geographic area(s) where the services will be available;
(iii) The estimated number of individuals and/or families to be
served;
(iv) The estimated expenditures for these services from Federal,
State, local, and donated sources, including title IV-B, subparts 1 and
2, the CAPTA program referenced in paragraph (a) of this section, and
the independent living program.
(o) Family preservation and family support services and linkages to
other social and health services. (1) The State’s CFSP must explain how
the funds under title IV-B, subpart 2 of the Act, will be used to
develop or expand family support and family preservation services; how
the family support and family preservation services relate to existing
family support and family preservation services; and how these family
support and preservation services will be linked to other services in

[[Page 349]]

the child and family services continuum.
(2) The State’s CFSP must explain whether and/or how funds under the
CAPTA and independent living programs are coordinated with and
integrated into the child and family services continuum described in the
plan.
(3) The State’s CFSP must describe the existing or current linkages
and the coordination of services between the services in the child and
family services continuum and the services in other public services
systems (e.g., health, education, housing, substance abuse, the courts),
and other Federal and non-federally funded public and nonprofit private
programs (e.g., Children’s Trust Funds, Community-Based Family Resource
Programs, private foundations.)
(p) Services in relation to service principles. The CFSP must
describe how the child and family services to be provided are designed
to assure the safety and protection of children as well as the
preservation and support of families, and how they are or will be
designed to be consistent with the other service principles in 45 CFR
1355.25.
(q) Services in relation to permanency planning. For States
administering both title IV-B programs (subparts 1 and 2), the CFSP must
explain how these services will help meet the permanency provisions for
children and families in sections 422(b)(9) and 471 of the Act (e.g.,
preplacement preventive services, reunification services, independent
living services.) The CFSP must describe the arrangements, jointly
developed with the Indian Tribes within its borders, made for the
provision of the child welfare services and protections in section
422(b)(9) to Indian children under both State and Tribal jurisdiction.
(r) Decision-making process: selection of family support programs
for funding. The State’s CFSP must include an explanation of how
agencies and organizations were selected for funding to provide family
support services and how these agencies and organizations meet the
requirement that family support services be community-based.
(s) Significant portion of funds used for family support and family
preservation services. With each fiscal year’s budget request, each
State must indicate the specific percentage of family preservation and
family support funds (title IV-B, subpart 2) that the State will expend
for community-based family support and for family preservation services,
and the rationale for the decision. The State must have an especially
strong rationale if the request for either percentage is below 25
percent. It must also include an explanation of how this distribution
was reached and why it meets the requirements that a “significant
portion” of the service funds must be spent for each service. Examples
of important considerations might include the nature of the planning
efforts that led to the decision, the level of existing State effort in
each area, and the resulting need for new or expanded services.
(t) Staff training, technical assistance, and evaluation. (1) The
State’s CFSP must include a staff development and training plan in
support of the goals and objectives in the CFSP which addresses both of
the title IV-B programs covered by the plan. This training plan also
must be combined with the training plan under title IV-E as required by
45 CFR 1356.60(b)(2). Training must be an on-going activity and must
include content from various disciplines and knowledge bases relevant to
child and family services policies, programs and practices. Training
content must also support the cross-system coordination consultation
basic to the development of the CFSP.
(2) The State’s CFSP must describe the technical assistance
activities that will be undertaken in support of the goals and
objectives in the plan.
(3) The State’s CFSP must describe any evaluation and research
activities underway or planned with which the State agency is involved
or participating and which are related to the goals and objectives in
the plan.
(u) Quality assurance. The State must include in the CFSP a
description of the quality assurance system it will use to regularly
assess the quality of services under the CFSP and assure that there will
be measures to address identified problems.
(v) Distribution of the CFSP and the annual progress and services
report. The CFSP must include a description of

[[Page 350]]

how the State and the Indian Tribe will make available to interested
parties the CFSP and the Annual Progress and Services Report. (See 45
CFR 1355.21(c) and 45 CFR 1357.16(d)). State agencies and Indian Tribal
organizations within the State must exchange copies of their CFSPs and
their annual services reports.

(This requirement has been approved by the Office of Management and
Budget under OMB Control Number 0980-0047. In accordance with the
Paperwork Reduction Act of 1995, an agency may not conduct or sponsor,
and a person is not required to respond to, a collection of information
unless it displays a currently valid OMB control number.)

[61 FR 58656, Nov. 18, 1996, as amended at 66 FR 58677, Nov. 23, 2001]

[Code of Federal Regulations]
[Title 45, Volume 4]
[Revised as of October 1, 2009]
From the U.S. Government Printing Office via GPO Access
[CITE: 45CFR1357.15]

[Page 344-350]

TITLE 45–PUBLIC WELFARE

CHAPTER XIII–OFFICE OF HUMAN DEVELOPMENT SERVICES, DEPARTMENT OF HEALTH
AND HUMAN SERVICES

PART 1357_REQUIREMENTS APPLICABLE TO TITLE IV-B–Table of Contents

Sec. 1357.15 Comprehensive child and family services plan requirements.

(a) Scope. (1) The CFSP provides an opportunity to lay the
groundwork for a system of coordinated, integrated, culturally relevant
family focused services. This section describes the requirements for the
development, implementation and phase-in of the five-year comprehensive
child and family services plan (CFSP). The State’s CFSP must meet the
requirements of both of the following programs. The Indian Tribe’s CFSP
must meet the requirements of one or both of the following programs
depending on the Tribe’s eligibility:
(i) Child welfare services under title IV-B, subpart 1; and
(ii) Family preservation and family support services under title IV-
B, subpart 2.
(2) For States only, the CFSP also must contain information on the
following programs:
(i) The independent living program under title IV-E, section 477 of
the Act; and
(ii) The Child Abuse and Neglect State grant program (known as the
Basic State Grant) under the Child Abuse Prevention and Treatment Act
(CAPTA) (42 U.S.C. 5101 et. seq.).
(3) States must meet all requirements of this section except those
that apply only to Indian Tribes. Indian Tribes must meet the
requirements of this section only as specified.
(4) States and eligible Indian Tribes have the option to phase-in
the requirements for a consolidated CFSP. The consolidated CFSP
requirements must be in place by June 30, 1997 and meet the requirements
of 45 CFR 1357.16.
(b) Eligibility for funds. (1) In order to receive funding under
title IV-B, subparts 1 and 2, each State and eligible Indian Tribe must
submit and have approved a consolidated, five-year Child and Family
Services Plan (CFSP) and a CFS-101, Budget Request and Estimated
Expenditure Report that meets the requirements under 45 CFR 1357.16.
(2) States and Indian Tribes that are consolidating the requirements
for a CFSP in FY 1995, in accordance with Sec. 1357.15(a), must submit
the CFSP and a CFS-101 for FY 1995 and 1996 by June 30, 1995.
(3) States and eligible Indian Tribes choosing to phase-in the
requirements for a consolidated CFSP in FY 1996 and 1997 must submit the
CFSP, the CFS-101 for FY 1995 for subpart 1 and 2, and the CFS-101 for
subpart 2 for FY 1996 by June 30, 1995.
(4) The CFSP will be approved only if the plan was developed jointly
by ACF and the State (or the Indian Tribe), and only after broad
consultation by the

[[Page 345]]

State (and the Indian Tribe) with a wide range of appropriate public and
non-profit private agencies and community-based organizations with
experience in administering programs of services for children and
families (including family preservation and support services).
(5) By June 30, 1996, each grantee must submit and have approved the
first Annual Progress and Services Report and a CFS 101 for FY 1997 that
meets the statutory and regulatory requirements of title IV-B, subparts
1 and 2.
(6) The Annual Progress and Services Report will be approved if it
was developed jointly by ACF and the State (or the Indian Tribe) and if
it meets the requirements of 45 CFR 1357.16.
(7) The five-year CFSP for FYs 1995-1999 may be submitted in the
format of the State’s or the Indian Tribe’s choice and must be submitted
no later than June 30, 1995, to the appropriate ACF Regional Office.
(c) Assurances. The following assurances will remain in effect on an
ongoing basis and will need to be re-submitted only if a significant
change in the State or the Indian Tribe’s program affects an assurance:
(1) The State or Indian Tribe must assure that it will participate
in any evaluations the Secretary of HHS may require.
(2) The State or Indian Tribe must assure that it will administer
the CFSP in accordance with methods determined by the Secretary to be
proper and efficient.
(3) The State or Indian Tribe must assure that it has a plan for the
training and use of paid paraprofessional staff, with particular
emphasis on the full-time or part-time employment of low-income persons,
as community service aides; and a plan for the use of nonpaid or
partially paid volunteers in providing services and in assisting any
advisory committees established by the State or Tribe.
(4) The State or Indian Tribe must assure that standards and
requirements imposed with respect to child care under title XX shall
apply with respect to day care services, if provided under the CFSP,
except insofar as eligibility for such services is involved.
(d) The child and family services plan (CFSP): general. The State
and the Indian Tribe must base the development of the CFSP on a planning
process that includes:
(1) broad involvement and consultation with a wide range of
appropriate public and non-profit private agencies and community-based
organizations, parents, including parents who are involved or have
experience with the child welfare system, and others;
(2) coordination of the provision of services under the plan with
other Federal and federally assisted programs serving children and
families, including youth and adolescents; and
(3) collection of existing or available information to help
determine vulnerable or at-risk populations or target areas; assess
service needs and resources; identify gaps in services; select
priorities for targeting funding and services; formulate goals and
objectives; and develop opportunities for bringing about more effective
and accessible services for children and families.
(e) State agency administering the programs. (1) The State’s CFSP
must identify the name of the State agency that will administer the
title IV-B programs under the plan. Except as provided by statute, the
same agency is required to administer or supervise the administration of
all programs under titles IV-B and IV-E of the Act and the social
services block grant program under title XX of the Act. (See the
definition of “State agency” in 45 CFR 1355.20.)
(2) The CFSP must include a description of the organization and
function of the State agency and organizational charts as appropriate.
It also must identify the organizational unit(s) within the State agency
responsible for the operation and administration of the CFSP, and
include a description of the unit’s organization and function and a copy
of the organizational chart(s).
(f) Indian Tribal organization administering the program(s). (1) The
Indian Tribe’s CFSP must provide the name of the Indian Tribal
organization (ITO) designated to administer funds under title IV-B,
subpart 1, child welfare services and/or under subpart 2, family

[[Page 346]]

preservation and family support services. If the Indian Tribe receives
funds under both subparts, the same agency or organization must
administer both programs.
(2) The Indian Tribe’s CFSP must include a description of the
organization and function of the office responsible for the operation
and administration of the CFSP, an organizational chart of that office,
and a description of how that office relates to Tribal and other offices
operating or administering services programs within the Indian Tribe’s
service area (e.g., Indian Health Service.)
(g) Vision Statement. The CFSP must include a vision statement which
articulates the grantee’s philosophy in providing child and family
services and developing or improving a coordinated service delivery
system. The vision should reflect the service principles at section
1355.25.
(h) Goals. The CFSP must specify the goals, based on the vision
statement, that will be accomplished during and by the end of the five-
year period of the plan. The goals must be expressed in terms of
improved outcomes for and the safety, permanency and well-being of
children and families, and in terms of a more comprehensive,
coordinated, and effective child and family service delivery system.
(i) Objectives. (1) The CFSP must include the realistic, specific,
quantifiable and measurable objectives that will be undertaken to
achieve each goal. Each objective should focus on outcomes for children,
youth, and/or their families or on elements of service delivery (such as
quality) that are linked to outcomes in important ways. Each objective
should include both interim benchmarks and a long-term timetable, as
appropriate, for achieving the objective.
(2) For States and Indian Tribes administering the title IV-B,
subpart 1 program, the CFSP must include objectives to make progress in
covering additional political subdivisions, reaching additional children
in need of services, expanding and strengthening the range of existing
services, and developing new types of services.
(j) Measures of progress. The CFSP must describe the methods to be
used in measuring the results, accomplishments, and annual progress
toward meeting the goals and objectives, especially the outcomes for
children, youth, and families. Processes and procedures assuring the
production of valid and reliable data and information must be specified.
The data and information must be capable of determining whether or not
the interim benchmarks and multiyear timetable for accomplishing CFSP
goals and objectives are being met.
(k) Baseline information. (1) For FY 1995, the State and the Indian
Tribe must base the development of the CFSP vision, goals, objectives,
and funding and service decisions on an analysis of available baseline
information and any trends over time on indicators in the following
areas: the well-being of children and families; the needs of children
and families; the nature, scope, and adequacy of existing child and
family and related social services. Additional and updated information
on service needs and organizational capacities must be obtained
throughout the five-year period to measure progress in accomplishing the
goals and objectives cited in the CFSP. A description of how this
process will continue to be carried out must be included in the CFSP,
and any revisions should be provided in the Annual Progress and Services
Report.
(2) The State must collect and analyze State-wide information on
family preservation and family support services currently available to
families and children, including the nature and scope of existing public
and privately funded family support and family preservation services;
the extent to which each service is available and being provided in
different geographic areas and to different types of families; and
important gaps in service, including mismatches between available
services and family needs as identified through baseline data and the
consultation process. Other services which impact on the ability to
preserve and support families may be included in the assessment. The
Indian Tribe must collect and analyze information on family preservation
and family support services currently available within their

[[Page 347]]

service delivery area including the information in this paragraph as
appropriate. An Indian Tribe may submit documentation prepared to
satisfy the requirements of other Federal child welfare grants, or
contracts (such as the section 638 reporting form), along with a
descriptive addendum addressing specifically the family preservation and
family support services available.
(3) The CFSP must include a summary of the information used in
developing the plan; an explanation of how this information and analysis
were used in developing the goals, objectives, and funding and service
decisions, including decisions about geographic targeting and service
mix; a description of how information will be used to measure progress
over the five-year period; and how this information will be used to
facilitate the coordination of services.
(l) Consultation. (1) The State’s CFSP must describe the internal
and external consultation process used to obtain broad and active
involvement of major actors across the entire spectrum of the child and
family service delivery system in the development of the plan. The
description should explain how this process was coordinated with or was
a part of other planning processes in the State; how it led or will lead
to improved coordination of services.
(2) The Indian Tribe’s CFSP must describe the consultation process
appropriate to its needs and circumstances used to obtain the active
involvement of major actors providing child and family services within
the Tribe’s area of jurisdiction.
(3) For States and Indian Tribes, the consultation process must
involve:
(i) All appropriate offices and agencies within the State agency or
within the Indian Tribal service delivery system (e.g., child protective
services (CPS), foster care and adoption, the social services block
grant, reunification services, independent living, and other services to
youth;)
(ii) In a State-supervised, county-administered State, county social
services and/or child welfare directors or representatives of the county
social services/child welfare administrators’ association;
(iii) A wide array of State, local, Tribal, and community-based
agencies and organizations, both public and private nonprofit with
experience in administering programs of services for infants, children,
youth, adolescents, and families, including family preservation and
family support services;
(iv) Parents, including birth and adoptive parents, foster parents,
families with a member with a disability, children both in and outside
the child welfare system, and consumers of services from diverse groups;
(v) For States, representatives of Indian Tribes within the State;
(vi) For States, representatives of local government (e.g.,
counties, cities, and other communities, neighborhoods, or areas where
needs for services are great;)
(vii) Representatives of professional and advocacy organizations
(including, for example foundations and national resource centers with
expertise to assist States and Indian Tribes to design, expand, and
improve the delivery of services); individual practitioners working with
children and families; the courts; representatives or other States or
Indian Tribes with experience in administering family preservation and
family support services; and academicians, especially those assisting
the child and family service agency with management information systems,
training curricula, and evaluations;
(viii) Representatives of State and local agencies administering
Federal and federally assisted programs which may include: Head Start;
the local education agency (school-linked social services, adult
education and literacy programs, Part H programs); developmental
disabilities; nutrition services (Food Stamps, Special Supplemental Food
Program for Women, Infants and Children (WIC)); Title IV-A; runaway
youth, youth gang, juvenile justice programs and youth residential and
training institutions; child care and development block grant (CCDBG)
and respite care programs; domestic and community violence prevention
and services programs; housing programs; the health agency (substance
abuse, Healthy Start, maternal and child health, Early and Periodic
Screening, Diagnosis, and Treatment (EPSDT),

[[Page 348]]

mental health, and public health nursing); law enforcement; Children’s
Trust Funds; Community-Based Family Resource Programs, and new Federal
initiatives such as the Empowerment Zones and Enterprise Communities
Program; and
(ix) Administrators, supervisors and front line workers (direct
service providers) of the State child and family services agency.
(4) The CFSP must describe the ongoing consultation process that
each grantee will use to ensure the continued involvement of a wide
range of major actors in meeting the goals and objectives over the five-
year operational period of the plan and developing the Annual Progress
and Services Report.
(m) Services coordination. (1) States must include in the ongoing
coordination process representatives of the full range of child and
family services provided by the State agency as well as other service
delivery systems providing social, health, education, and economic
services (including mental health, substance abuse, developmental
disabilities, and housing) to improve access and deliver a range of
services to children and their families.
(2) The State’s CFSP must describe how services under the plan will
be coordinated over the five-year period with services or benefits under
other Federal or federally assisted programs serving the same
populations to achieve the goals and objectives in the plan. The
description must include the participants in the process and examples of
how the process led or will lead to additional coordination of services
(e.g., integrated service models, improved accessibility, use of a
consolidated application or intake form, inter-disciplinary training,
coordinated case management for several programs, pooled resources
through blended financing, shared information across services providers
and compatible and linked automated information systems, co-location of
several services or programs.)
(3) The Indian Tribe must include in the coordination process
representatives of other Federal or federally assisted child and family
services or related programs. The Indian Tribe’s CFSP must describe how
services under the plan will be coordinated over the five-year period
with services or benefits under other Federal or federally assisted
programs serving the same populations to achieve the goals and
objectives in the plan. The descriptions must include the participants
in the process and any examples of how the process led or will lead to
additional coordination of services.
(n) Services. (1) The State’s CFSP must describe the publicly funded
child and family services continuum: child welfare services (including
child abuse and neglect prevention, intervention, and treatment
services; and foster care); family preservation services; family support
services; and services to support reunification, adoption, kinship care,
independent living, or other permanent living arrangements.
(2) The Indian Tribe’s CFSP must describe the child welfare services
(including child abuse and neglect prevention, intervention, treatment
services and foster care) and/or the family support and family
preservation services to be provided.
(3) For each service described, the CFSP must include the following
information, or it must be listed on the CFS-101, Part II:
(i) The population(s) to be served;
(ii) The geographic area(s) where the services will be available;
(iii) The estimated number of individuals and/or families to be
served;
(iv) The estimated expenditures for these services from Federal,
State, local, and donated sources, including title IV-B, subparts 1 and
2, the CAPTA program referenced in paragraph (a) of this section, and
the independent living program.
(o) Family preservation and family support services and linkages to
other social and health services. (1) The State’s CFSP must explain how
the funds under title IV-B, subpart 2 of the Act, will be used to
develop or expand family support and family preservation services; how
the family support and family preservation services relate to existing
family support and family preservation services; and how these family
support and preservation services will be linked to other services in

[[Page 349]]

the child and family services continuum.
(2) The State’s CFSP must explain whether and/or how funds under the
CAPTA and independent living programs are coordinated with and
integrated into the child and family services continuum described in the
plan.
(3) The State’s CFSP must describe the existing or current linkages
and the coordination of services between the services in the child and
family services continuum and the services in other public services
systems (e.g., health, education, housing, substance abuse, the courts),
and other Federal and non-federally funded public and nonprofit private
programs (e.g., Children’s Trust Funds, Community-Based Family Resource
Programs, private foundations.)
(p) Services in relation to service principles. The CFSP must
describe how the child and family services to be provided are designed
to assure the safety and protection of children as well as the
preservation and support of families, and how they are or will be
designed to be consistent with the other service principles in 45 CFR
1355.25.
(q) Services in relation to permanency planning. For States
administering both title IV-B programs (subparts 1 and 2), the CFSP must
explain how these services will help meet the permanency provisions for
children and families in sections 422(b)(9) and 471 of the Act (e.g.,
preplacement preventive services, reunification services, independent
living services.) The CFSP must describe the arrangements, jointly
developed with the Indian Tribes within its borders, made for the
provision of the child welfare services and protections in section
422(b)(9) to Indian children under both State and Tribal jurisdiction.
(r) Decision-making process: selection of family support programs
for funding. The State’s CFSP must include an explanation of how
agencies and organizations were selected for funding to provide family
support services and how these agencies and organizations meet the
requirement that family support services be community-based.
(s) Significant portion of funds used for family support and family
preservation services. With each fiscal year’s budget request, each
State must indicate the specific percentage of family preservation and
family support funds (title IV-B, subpart 2) that the State will expend
for community-based family support and for family preservation services,
and the rationale for the decision. The State must have an especially
strong rationale if the request for either percentage is below 25
percent. It must also include an explanation of how this distribution
was reached and why it meets the requirements that a “significant
portion” of the service funds must be spent for each service. Examples
of important considerations might include the nature of the planning
efforts that led to the decision, the level of existing State effort in
each area, and the resulting need for new or expanded services.
(t) Staff training, technical assistance, and evaluation. (1) The
State’s CFSP must include a staff development and training plan in
support of the goals and objectives in the CFSP which addresses both of
the title IV-B programs covered by the plan. This training plan also
must be combined with the training plan under title IV-E as required by
45 CFR 1356.60(b)(2). Training must be an on-going activity and must
include content from various disciplines and knowledge bases relevant to
child and family services policies, programs and practices. Training
content must also support the cross-system coordination consultation
basic to the development of the CFSP.
(2) The State’s CFSP must describe the technical assistance
activities that will be undertaken in support of the goals and
objectives in the plan.
(3) The State’s CFSP must describe any evaluation and research
activities underway or planned with which the State agency is involved
or participating and which are related to the goals and objectives in
the plan.
(u) Quality assurance. The State must include in the CFSP a
description of the quality assurance system it will use to regularly
assess the quality of services under the CFSP and assure that there will
be measures to address identified problems.
(v) Distribution of the CFSP and the annual progress and services
report. The CFSP must include a description of

[[Page 350]]

how the State and the Indian Tribe will make available to interested
parties the CFSP and the Annual Progress and Services Report. (See 45
CFR 1355.21(c) and 45 CFR 1357.16(d)). State agencies and Indian Tribal
organizations within the State must exchange copies of their CFSPs and
their annual services reports.

(This requirement has been approved by the Office of Management and
Budget under OMB Control Number 0980-0047. In accordance with the
Paperwork Reduction Act of 1995, an agency may not conduct or sponsor,
and a person is not required to respond to, a collection of information
unless it displays a currently valid OMB control number.)

[61 FR 58656, Nov. 18, 1996, as amended at 66 FR 58677, Nov. 23, 2001]

THE MONEY BEHIND STATE ADOPTIONS

January 31, 2010 Leave a comment

THE MONEY BEHIND STATE ADOPTIONS
A Harsh Reality!
Adoption Bonuses
The Money Behind the Madness
DSS and affiliates rewarded for breaking up families

By Nev Moore
Massachusetts News

Child “protection” is one of the biggest businesses in the country. We spend $12 billion a year on it. The money goes to tens of thousands of a) state employees, b) collateral professionals, such as lawyers, court personnel, court investigators, evaluators and guardians, judges, and c) DSS contracted vendors such as counselors, therapists, more “evaluators” , junk psychologists, residential facilities, foster parents, adoptive parents, MSPCC, Big Brothers/Big Sisters, YMCA, etc. This newspaper is not big enough to list all of the people in this state who have a job, draw a paycheck, or make their profits off the kids in DSS custody. In this article I explain the financial infrastructure that provides the motivation for DSS to take people’s children – and not give them back.
In 1974 Walter Mondale promoted the Child Abuse and Prevention Act which began feeding massive amounts of federal funding to states to set up programs to combat child abuse and neglect. From that came Child “Protective” Services, as we know it today. After the bill passed, Mondale himself expressed concerns that it could be misused. He worried that it could lead states to create a “business” in dealing with children.
Then in 1997 President Clinton passed the “Adoption and Safe Families Act.” The public relations campaign promoted it as a way to help abused and neglected children who languished in foster care for years, often being shuffled among dozens of foster homes, never having a real home and family. In a press release from the U.S. Department of Health & Human Services dated November 24, 1999, it refers to “President Clinton’s initiative to double by 2002 the number of children in foster care who are adopted or otherwise permanently placed.”
It all sounded so heartwarming. We, the American public, are so easily led. We love to buy stereotypes; we just eat them up, no questions asked. But, my mother, bless her heart, taught me from the time I was young to “consider the source.” In the stereotype that we’ve been sold about kids in foster care, we picture a forlorn, hollow-eyed child, thin and pale, looking up at us beseechingly through a dirt streaked face. Unconsciously, we pull up old pictures from Life magazine of children in Appalachia in the 1930s. We think of orphans and children abandoned by parents who look like Manson family members. We play a nostalgic movie in our heads of the little fellow shyly walking across an emerald green, manicured lawn to meet Ward and June Cleaver, his new adoptive parents, who lead him into their lovely suburban home. We imagine the little tyke’s eyes growing as big as saucers as the Cleavers show him his very own room, full of toys and sports gear. And we just feel so gosh darn good about ourselves. Now it’s time to wake up to the reality of the adoption business.
Very few children who are being used to supply the adoption market are hollow-eyed tykes from Appalachia. Very few are crack babies from the projects. [Oh… you thought those were the children they were saving? Think again]. When you are marketing a product you have to provide a desirable product that sells. In the adoption business that would be nice kids with reasonably good genetics who clean up good. An interesting point is that the Cape Cod & Islands office leads the state in terms of processing kids into the system and having them adopted out. More than the inner city areas, the projects, Mission Hill, Brockton, Lynn, etc . Interesting…
With the implementation of the Adoption and Safe Families Act, President Clinton tried to make himself look like a humanitarian who is responsible for saving the abused and neglected children. The drive of this initiative is to offer cash “bonuses” to states for every child they have adopted out of foster care, with the goal of doubling their adoptions by 2002, and sustaining that for each subsequent year. They actually call them “adoption incentive bonuses,” to promote the adoption of children.

Where to Find the Children

A whole new industry was put into motion. A sweet marketing scheme that even Bill Gates could envy. Now, if you have a basket of apples, and people start giving you $100 per apple, what are you going to do? Make sure that you have an unlimited supply of apples, right?
The United States Department of Health & Human Services administers Child Protective Services. To accompany the ASF Act, the President requested, by executive memorandum, an initiative entitled Adoption 2002, to be implemented and managed by Health & Human Services. The initiative not only gives the cash adoption bonuses to the states, it also provides cash adoption subsidies to adoptive parents until the children turn eighteen.
Everybody makes money. If anyone really believes that these people are doing this out of the goodness of their hearts, then I’ve got some bad news for you. The fact that this program is run by HHS, ordered from the very top, explains why the citizens who are victims of DSS get no response from their legislators. It explains why no one in the Administration cares about the abuse and fatalities of children in the “care” of DSS, and no one wants to hear about the broken arms, verbal abuse, or rapes. They are just business casualties. It explains why the legislators I’ve talked to for the past three years look at me with pity. Because I’m preaching to the already damned. The legislators have forgotten who funds their paychecks and who they need to account to, as has the Governor. Because it isn’t the President. It’s us.

How DSS Is Helped

The way that the adoption bonuses work is that each state is given a baseline number of expected adoptions based on population. For every child that DSS can get adopted, there is a bonus of $4,000 to $6,000. But that is just the starting figure in a complex mathematical formula in which each bonus is multiplied by the percentage that the state has managed to exceed its baseline adoption number. The states must maintain this increase in each successive year. [Like compound interest.] The bill reads: “$4,000 to $6,000 will be multiplied by the amount (if any) by which the number of foster child adoptions in the State exceeds the base number of foster child adoptions for the State for the fiscal year.” In the “technical assistance” section of the bill it states that, “the Secretary [of HHS] may, directly or through grants or contracts, provide technical assistance to assist states and local communities to reach their targets for increased numbers of adoptions for children in foster care.” The technical assistance is to support “the goal of encouraging more adoptions out of the foster care system; the development of best practice guidelines for expediting the termination of parental rights; the development of special units and expertise in moving children toward adoption as a permanent goal; models to encourage the fast tracking of children who have not attained 1 year of age into pre-adoptive placements; and the development of programs that place children into pre-adoptive placements without waiting for termination of parental rights.”
In the November press release from HHS it continues, ” HHS awarded the first ever adoption bonuses to States for increases in the adoption of children from the public foster care system.” Some of the other incentives offered are “innovative grants” to reduce barriers to adoption [i.e., parents], more State support for adoptive families, making adoption affordable for families by providing cash subsides and tax credits.
A report from a private think tank, the National Center for Policy Analysis, reads: “The way the federal government reimburses States rewards a growth in the size of the program instead of the effective care of children.” Another incentive being promoted is the use of the Internet to make adoption easier. Clinton directed HHS to develop an Internet site to “link children in foster care with adoptive families.” So we will be able to window shop for children on a government web site. If you don’t find anything you like there, you can surf on over to the “Adopt Shoppe.” If you prefer to actually be able to kick tires instead of just looking at pictures you could attend one of DSS’s quaint “Adoption Fairs,” where live children are put on display and you can walk around and browse. Like a flea market to sell kids. If one of them begs you to take him home you can always say, “Sorry. Just looking.” The incentives for government child snatching are so good that I’m surprised we don’t have government agents breaking down people’s doors and just shooting the parents in the heads and grabbing the kids. But then, if you need more apples you don’t chop down your apple trees.

Benefits for Foster Parents
That covers the goodies the State gets. Now let’s have a look at how the Cleavers make out financially after the adoption is finalized. After the adoption is finalized, the State and federal subsidies continue. The adoptive parents may collect cash subsidies until the child is 18. If the child stays in school, subsidies continue to the age of 22. There are State funded subsidies as well as federal funds through the Title IV-E section of the Social Security Act. The daily rate for State funds is the same as the foster care payments, which range from $410-$486 per month per child. Unless the child can be designated “special needs,” which of course, they all can. According to the NAATRIN State Subsidy profile from DSS, “special needs” may be defined as: “Physical disability, mental disability, emotional disturbance; a significant emotional tie with the foster parents where the child has resided with the foster parents for one or more years and separation would adversely affect the child’s development if not adopted by them.”

But their significant emotional ties with their parents, since birth, never enter the equation.

Additional “special needs” designations are: a child twelve years of age or older; racial or ethnic factors; child having siblings or half-siblings . In their report on the State of the Children, Boston’s Institute for Children says: “In part because the States can garner extra federal funds for special needs children the designation has been broadened so far as to become meaningless. ” “Special needs” children may also get an additional Social Security check. The adoptive parents also receive Medicaid for the child, a clothing allowance and reimbursement for adoption costs such as adoption fees, court and attorney fees, cost of adoption home study, and “reasonable costs of food and lodging for the child and adoptive parents when necessary to complete the adoption process.” Under Title XX of the Social Security Act adoptive parents are also entitled to post adoption services “that may be helpful in keeping the family intact,” including “daycare, specialized daycare, respite care, in-house support services such as housekeeping, and personal care, counseling, and other child welfare services”. [Wow! Everything short of being knighted by the Queen!]
The subsidy profile actually states that it does not include money to remodel the home to accommodate the child. But, as subsidies can be negotiated, remodeling could possibly be accomplished under the “innovative incentives to remove barriers to adoption” section. The subsidy regulations read that “adoption assistance is based solely on the needs of the child without regard to the income of the family.” What an interesting government policy when compared to the welfare program that the same child’s mother may have been on before losing her children, and in which she may not own anything, must prove that she has no money in the bank; no boats, real estate, stocks or bonds; and cannot even own a car that is safe to drive worth over $1000. This is all so she can collect $539 per month for herself and two children. The foster parent who gets her children gets $820 plus. We spit on the mother on welfare as a parasite who is bleeding the taxpayers, yet we hold the foster and adoptive parents [who are bleeding ten times as much from the taxpayers] up as saints. The adoptive and foster parents aren’t subjected to psychological evaluations, ink blot tests, MMPI’s, drug & alcohol evaluations, or urine screens as the parents are.
Adoption subsidies may be negotiated on a case by case basis. [Anyone ever tried to "negotiate" with the Welfare Department?] There are many e-mail lists and books published to teach adoptive parents how to negotiate to maximize their subsidies. As one pro writes on an e-mail list: “We receive a subsidy for our kids of $1,900 per month plus another $500 from the State of Florida. We are trying to adopt three more teens and we will get subsidies for them, too. It sure helps out with the bills.”
I can’t help but wonder why we don’t give this same level of support to the children’s parents in the first place? According to Cornell University, about 68% of all child protective cases “do not involve child maltreatment. ” The largest percentage of CPS/DSS cases are for “deprivation of necessities” due to poverty. So, if the natural parents were given the incredible incentives and services listed above that are provided to the adoptive parents, wouldn’t it stand to reason that the causes for removing children in the first place would be eliminated? How many less children would enter foster care in the first place? The child protective budget would be reduced from $12 billion to around $4 billion. Granted, tens of thousands of social workers, administrators, lawyers, juvenile court personnel, therapists, and foster parents would be out of business, but we would have safe, healthy, intact families, which are the foundation of any society.
That’s just a fantasy, of course. The reality is that maybe we will see Kathleen Crowley’s children on the government home-shopping- for-children web site and some one out there can buy them.

by State Senator Pam Roach

http://pas.blogtownhall.com/2010/01/26/the_money_behind_state_adoptions.thtml

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