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Administration for Children and Families
|U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES
Administration for Children, Youth and Families
|1. Log No. ACYF-CB-PI-98-13||2. Issuance Date: July 23, 1998|
|3. Originating Office: Children's Bureau|
|4. Key Words: Title IV-E State Plan Amendments; Public Law 105-89; Public Law 105-200|
TO: State and Territorial Agencies Administering or Supervising the Administration of Title IV-E of the Social Security Act, Regional Administrators, Regions I-X, and Territories Administering theTitle IV-E State Plan.
SUBJECT: Title IV-E State Plan Amendments
LEGAL AND RELATED REFERENCES: Sections 471, 473 and 475 of the Social Security Act (the Act); the Adoption and Safe Families Act of 1997, Public Law 105-89; the Child Support Performance and Incentive Act of 1998, Public Law 105-200; ACYF-PI-88-07, "Title IV-E State Plan Revision;" and ACYF-PI-97-04, "Title IV-E State Plan Amendments."
PURPOSE: The purpose of this Program Instruction (PI) is to notify States about amendments required to be made to their title IV-E State plans in response to legislative changes made by the Adoption and Safe Families Act (ASFA) and the Child Support Performance and Incentive Act.
BACKGROUND: The Adoption and Safe Families Act (Public Law 105-89) was enacted on November 19, 1997. This law made several amendments to titles IV-B and IV-E of the Act. In addition, the Child Support Performance and Incentive Act (Public Law 105-200), enacted on July 16, 1998, made several technical amendments to the Act. The amendments made by these laws to sections 471, 473 and 475 of the Act require revisions to Title IV-E State plans.
The effective date for States to be in compliance with ASFA was November 19, 1997, unless the State required the passage of State legislation to comply and a "delayed effective date" was granted or approved by the Department of Health and Human Services.
Listed below is a summary of amendments to the Act which require State plan revisions. Please do not solely rely on this information when amending your State plans, but rather refer to the actual statutory language in Public Law 105-89 and Public law 105-200.
Section 471(a)(15) of the Act was amended by:
Section 471(a) of the Act was further amended by the addition of:
Section 473(a)(2) of the Act was amended to:
Section 475(1)(A) and (B) of the Act was amended by:
Section 475(1) of the Act was amended by:
Section 475(5)(A) and (B) of the Act was amended by:
Section 475(5)(C) of the Act was amended by:
Section 475(5) of the Act was amended by:
Each State must submit amendments to its title IV-E State plan to reflect the new requirements of sections 471, 473 and 475 of the Act. States must record the applicable State statutory, regulatory, policy references and citation(s) for each Federal requirement.
States may submit their amendments using the attached pages for the title IV-E State plan or States may use a different format, provided the format used includes all of the title IV-E State plan requirements of the Act as summarized and set forth in the law.
For States using the preprinted title IV-E State plan revision format:
For States using their own format:
States are to submit the following documents to the appropriate ACF Regional Administrator for approval: 1) the title IV-E State plan amendments, citing the State statutory or regulatory policy references for each and indicating if the amendments are currently in place and, if not, the date on which they will be effective; and 2) the certification, signed by the designated State agency official.
SUBMITTAL DATE: Within 90 days of this issuance date.
INQUIRIES: Please direct all inquiries to the appropriate Regional Administrator.
James A. Harrell
Administration on Children, Youth, and Families
Attachment: State Plan Preprint