Child Welfare: An Analysis of Title IV-E Foster Care Eligibility Reviews (CRS Report for Congress)
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| Release Date |
March 29, 2005 |
| Report Number |
RL32836 |
| Report Type |
Report |
| Authors |
Cheryl Vincent, Domestic Social Policy Division |
| Source Agency |
Congressional Research Service |
Summary:
Title IV-E of the Social Security Act authorizes states to seek federal reimbursement for certain
costs
of providing foster care for children who can no longer safely remain in their homes. The statute
permits states to make a claim for federal reimbursement of costs that are linked to providing foster
care to each federally eligible child. In FY2003, the most recent year for which data are available,
states sought federal reimbursement under this authority for approximately $4.5 billion in foster care
costs. The U.S. Department of Health and Human Services (HHS), periodically conducts Title IV-E
Foster Care Eligibility Reviews to ensure that states are properly determining the eligibility of
children for federal foster care support and are thus making correct claims for reimbursement.
Federal eligibility for foster care is defined in Section 472 of the Social Security Act and is also
described in regulations. A child is eligible for federal foster care if (1) a judge has made certain
determinations regarding the necessity of his/her removal from the home, regarding the timely efforts
of the state child welfare agency to prevent the child's removal, and regarding timely efforts
to find
a new permanent home for the child; (2) if (except for the removal from his or her home) the child
would have met the state's program requirements for the Aid to Families with Dependent
Children
(AFDC) program (as that program existed on July 16, 1996); (3) the child is placed in a licensed
foster family home that is determined to be safe or in an otherwise eligible licensed care facility; and
(4) the child is the care and placement responsibility of the state.
Title IV-E eligibility reviews are designed primarily to improve program management in the
federal foster care program. A January 25, 2000 rule established the current form of the review and
includes certain checks that flow from the 1997 Adoption and Safe Families Act ( P.L. 105-89 ),
which are intended to ensure both the safety of children in foster care and the timely actions of the
state child welfare agency to establish permanence for children. Since all aspects of the new rule
became effective, HHS has conducted reviews in 43 states; of these, 16 were found not to be
substantially compliant with Title IV-E foster care eligibility rules. Requirements associated with
judicial determinations dominated as reasons for cases being found ineligible, making up 61% of
errors. Time limits for obtaining judicial determinations concerning permanency planning created
a significant challenge for states. Safety and licensing disqualifications constituted 24% of errors.
Problems were due mainly to lack of documentation to verify that state safety requirements were
met. Provisions related to AFDC eligibility made up 15% of all errors. About half of AFDC errors
were related to income rules, while the rest were linked to other program rules such as establishment
of "deprivation." Only 1% of errors were a result of the responsibility and care of the
child not being
vested with the state.
This report provides an overview of the current Title IV-E Foster Care Eligibility Review
process and a discussion of state performance on available reviews conducted after the January 25,
2000 rule's effective date. This report will be updated as additional state performance
reports
become available.
