Notice of Appeal, 3933-3934 [05-1452]
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Federal Register / Vol. 70, No. 17 / Thursday, January 27, 2005 / Notices
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Administration for Children and
Families
Proposed Information Collection
Activity; Comment Request
Proposed Projects
Title: Statewide Automated Child
Welfare Information System (SACWIS)
Assessment Review Guide (SARGE).
OMB No.: 0970–0159.
Description: The Department of
Health and Human Services cannot
fulfill its obligation to effectively serve
the nation’s adoption and foster care
populations, nor report meaningful and
reliable information to Congress about
the extent of problems facing these
children or the effectiveness of
assistance provided to this population,
without access to timely and accurate
information. Currently, SACWIS
supports State efforts to meet the
following Federal reporting
requirements: The Adoption and Foster
Care Analysis and Reporting System
(AFCARS) required by section 479(b)(2)
of the Social Security Act; the National
Child Abuse and Neglect Data System
(NCANDS); Child Abuse Prevention and
Treatment Act (CAPTA); and the Chafee
Independent Living Program. These
systems also support state efforts to
provide the information to conduct the
Child and Family Service Reviews.
Currently, forty-five States and the
District of Columbia have developed, or
are developing, a SACWIS with Federal
financial participation. The purpose of
these reviews is to ensure that all
aspects of the project, as described in
the approved Advance Planning
Document, have been adequately
completed, and conform to applicable
regulations and policies.
To initiate a review, states will submit
the completed SACWIS Assessment
Review Guide (SARGE) and other
documentation at the point that they
have completed system development
and the system is operational statewide.
The additional documents submitted as
part of this process should all be readily
available to the state as a result of good
project management practices.
The information collected in the
SACWIS Assessment Review Guide will
allow State and Federal officials to
determine if the State’s SACWIS meets
the requirements for title IV–E Federal
Financial Participation (FFP) defined at
45 CFR 1355.50. Additionally, other
States will be able to use the
documentation provided as part of this
review process in their own system
development efforts.
Respondents: State Title IV–E
Agencies.
ANNUAL BURDEN ESTIMATES
Instrument
Number of
respondents
Number of
responses per
respondent
Average
burden hours
per response
Total burden
hours
Review .............................................................................................................
3
1
250
750
Estimated Total Annual Burden
Hours: 750.
In compliance with the requirements
of Section 3506(c)(2)(A) of the
Paperwork Reduction Act of 1995, the
Administration for Children and
Families is soliciting public comment
on the specific aspects of the
information collection described above.
Copies of the proposed collection of
information can be obtained and
comments may be forwarded by writing
to the Administration for Children and
Families, Office of Information Services,
370 L’Enfant Promenade, SW.,
Washington, DC 20447, Attn: ACF
Reports Clearance Officer. E-mail
address: grjohnson@acf.hhs.gov. All
requests should be identified by the title
of the information collection.
The Department specifically requests
comments on: (a) Whether the proposed
collection of information is necessary
for the proper performance of the
functions of the agency, including
whether the information shall have
practical utility; (b) the accuracy of the
agency’s estimate of the burden of the
proposed collection of information; (c)
the quality, utility, and clarity of the
information to be collected; and (d)
ways to minimize the burden of the
collection of information on
respondents, including through the use
of automated collection techniques or
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17:20 Jan 26, 2005
Jkt 205001
other forms of information technology.
Consideration will be given to
comments and suggestions submitted
within 60 days of this publication.
Dated: January 21, 2005.
Robert Sargis,
Reports Clearance Officer.
[FR Doc. 05–1521 Filed 1–26–05; 8:45 am]
BILLING CODE 4184–01–M
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Administration for Children and
Families
Notice of Appeal
Administration on Children,
Youth and Families, ACF, DHHS.
SUMMARY: By designation of the
Administration for Children and
Families, a member of the Departmental
Appeals Board has been appointed as
the presiding officer for an appeal of the
Administration for Children and
Families’ (ACF) disapproval of an
amendment to the plan of the New York
State Office of Children and Family
Services for implementing title IV–E of
the Social Security Act (Foster Care and
Adoption Assistance). The purpose of
this notice is to give interested parties
an opportunity to participate.
AGENCY:
PO 00000
Frm 00031
Fmt 4703
Sfmt 4703
Requests To Participate: Requests to
participate as a party or as amicus
curiae must be submitted to the
Departmental Appeals Board in the form
specified at 45 CFR 213.15 by February
11, 2005. Within that time, those
persons, groups, or organizations
seeking participation as parties or amici
may file petitions or request extensions
of time for submitting petitions to
participate, and may also contact the
Board to obtain copies of the briefs that
the parties have filed.
FOR FURTHER INFORMATION CONTACT:
Jeffrey Sacks, Staff Attorney,
Departmental Appeals Board, Appellate
Division, MS–6127, Room G–644,
Cohen Building, 330 Independence
Avenue, SW., Washington, DC 20201,
telephone number (202) 565–0123,
jeffrey.sacks@hhs.gov.
Notice of
appeal is hereby given as set forth in the
following letter, which has been sent to
the New York State Office of Children
and Family Services.
Alan A. Pfeffer, Assistant Deputy
Counsel, New York State Office of
Children and Family Services, Capital
View Office Park, 52 Washington Street,
Rensselaer, New York 12144–2796.
Counsel:
This letter is in response to the
request of the New York State Office of
SUPPLEMENTARY INFORMATION:
E:\FR\FM\27JAN1.SGM
27JAN1
3934
Federal Register / Vol. 70, No. 17 / Thursday, January 27, 2005 / Notices
Children and Family Services (State) for
a hearing to contest the Administration
for Children and Families’ (ACF)
disapproval of an amendment to the
State’s plan for implementing title IV–
E of the Social Security Act (Foster Care
and Adoption Assistance).
The basis for the disapproval is that
the plan amendment alters the
eligibility criteria for title IV–E Foster
Care in a manner that is inconsistent
with the criteria at section 472 of the
Social Security Act (Act) (42 U.S.C.
672).
Section 472(a) requires that each state
with an approved plan under title IV–
E make foster care maintenance
payments with respect to a child who
has been removed from his or her home
and placed in foster care pursuant to a
voluntary placement agreement or court
order, and who would have been
eligible for benefits under the former
Aid to Families with Dependent
Children (AFDC) program at former title
IV–A of the Act (as in effect on July 16,
1996) in the month in which the
agreement was entered or court
proceedings initiated, or within six
months prior to such month, if the child
had still been in the home from which
the child was removed.
The State’s plan amendment
(Transmittal No. 03–4) would alter the
eligibility requirements with respect to
whether the child must have been
eligible for AFDC in the home from
which he or she was removed,
consistent with the holding of the U.S.
Court of Appeals for the Ninth Circuit
in Rosales v. Thompson, 321 F.3d 835
(9th Cir. 2003). That case involved a
child who was removed from his
parent’s home and placed informally
with a grandparent who later became
the child’s foster care parent upon entry
of the court order legally removing the
child from the parent’s home. The child
would not have been eligible for AFDC
payments while in the parent’s home,
but was eligible in the grandparent’s
home. The court found that the child
was eligible for title IV–E Foster Care,
based on the child’s eligibility for AFDC
while residing informally in the
grandparent’s home.
ACF has determined that the holding
in Rosales v. Thompson misinterprets
the Act and conflicts with Department
regulations and policy, and has declined
to apply it with respect to states outside
the Ninth Circuit. ACF has determined
that the child’s eligibility for AFDC
must be based on the home of the parent
or other specified relative who was the
child’s legal guardian and from which
the child is legally removed, and not on
the home of a specified relative with
whom the child resides informally after
VerDate jul<14>2003
17:20 Jan 26, 2005
Jkt 205001
the child has been physically removed
from home of the child’s parent or
specified relative who was the child’s
legal guardian, but prior to the judicial
determination or voluntary placement
agreement legally removing the child
from the home of the child’s parent or
other specified relative who was the
child’s legal guardian.
I have designated Donald F. Garrett, a
member of the Departmental Appeals
Board, as the presiding officer pursuant
to 45 CFR 213.21. ACF and the State are
now parties in this matter. 45 CFR
213.15(a). The parties have agreed that
there are no disputed issues of fact, and
that an in-person hearing is not
necessary to resolve the State’s request
for reconsideration. Accordingly, the
parties have agreed that the appeal be
decided based on their written
submissions.
A copy of this letter will appear as a
notice in the Federal Register and any
individual or group wishing to request
recognition as a party will be entitled to
file a petition pursuant to 45 CFR
213.15(b) with the Departmental
Appeals Board within 15 days after that
notice has been published. A copy of
the petition should be served on each
party of record at that time. The petition
must explain how the issues to be
considered have caused them injury and
how their interest is within the zone of
interests to be protected by the
governing Federal statute. 45 CFR
213.15(b)(1). In addition, the petition
must concisely state petitioner’s interest
in the proceeding, who will represent
petitioner, and the issues on which
petitioner wishes to participate. 45 CFR
213.15(b)(2). Additionally, if petitioner
believes that there are disputed issues of
fact which require an in-person hearing,
petitioner should concisely specify the
disputed issues of fact in the petition,
and also state whether petitioner
intends to present witnesses. Petitioners
may also, within 15 days after this
notice has been published, request
extensions of the time for requesting
participation for the purpose of
obtaining and reviewing copies of the
parties’ written submissions.
Any party may, within 5 days of
receipt of such petition, file comments
thereon; the presiding officer will
subsequently issue a ruling on whether
and on what basis participation will be
permitted.
Any interested person or organization
wishing to participate as amicus curiae
may also file a petition with the Board,
which shall conform to the
requirements at 45 CFR 213.15(c)(1).
This petition, or a request for an
extension of time to review the briefs,
must be filed within 15 days after this
PO 00000
Frm 00032
Fmt 4703
Sfmt 4703
notice has been published, to permit the
presiding officer an adequate
opportunity to consider and rule
upon it.
Upon the conclusion of proceedings
in this matter, the presiding officer will
issue a proposed decision. I will then
issue the final decision of the
Department. 45 CFR 213.22, 213.32.
Any further inquiries, submissions, or
correspondence regarding this matter
should be filed in an original and two
copies with Mr. Garrett at the
Departmental Appeals Board, Appellate
Division, MS–6127, Room G–644,
Cohen Building, 330 Independence
Avenue, SW., Washington, DC 20201.
For convenience please refer to Board
Docket No. A–04–82. Electronic
inquiries, submissions, or
correspondence may be submitted by
sending electronic mail (e-mail) to
Jeffrey Sacks, Departmental Appeals
Board Staff Attorney, at
jeffrey.sacks@hhs.gov. Submit
comments as an ASCII file avoiding the
use of special characters and any form
of encryption. The Board also accepts
comments and data on disks in Word,
WordPerfect or ASCII file format.
Identify all submissions by Board
Docket No. A–04–82.
The record in this matter, including
the parties’ written submissions, is
available for public inspection.
Interested persons or organizations may
contact Jeffrey Sacks, Board Staff
Attorney, at 202–565–0123 (or at
jeffrey.sacks@hhs.gov) to arrange for
inspection and copying of the record.
Each submission must include a
statement that a copy of the submission
has been sent to the other parties,
identifying when and to whom the copy
was sent. For convenience please refer
to Board Docket No. A–04–82.
Dated: December 16, 2004.
Wade F. Horn,
Assistant Secretary for Children and Families.
[FR Doc. 05–1452 Filed 1–26–05; 8:45 am]
BILLING CODE 4184–01–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
Cellular, Tissue and Gene Therapies
Advisory Committee (formerly the
Biological Response Modifiers
Advisory Committee); Notice of
Meeting
AGENCY:
Food and Drug Administration,
HHS.
ACTION:
E:\FR\FM\27JAN1.SGM
Notice.
27JAN1
]]>Agencies
[Federal Register Volume 70, Number 17 (Thursday, January 27, 2005)]
[Notices]
[Pages 3933-3934]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-1452]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Administration for Children and Families
Notice of Appeal
AGENCY: Administration on Children, Youth and Families, ACF, DHHS.
SUMMARY: By designation of the Administration for Children and
Families, a member of the Departmental Appeals Board has been appointed
as the presiding officer for an appeal of the Administration for
Children and Families' (ACF) disapproval of an amendment to the plan of
the New York State Office of Children and Family Services for
implementing title IV-E of the Social Security Act (Foster Care and
Adoption Assistance). The purpose of this notice is to give interested
parties an opportunity to participate.
Requests To Participate: Requests to participate as a party or as
amicus curiae must be submitted to the Departmental Appeals Board in
the form specified at 45 CFR 213.15 by February 11, 2005. Within that
time, those persons, groups, or organizations seeking participation as
parties or amici may file petitions or request extensions of time for
submitting petitions to participate, and may also contact the Board to
obtain copies of the briefs that the parties have filed.
FOR FURTHER INFORMATION CONTACT: Jeffrey Sacks, Staff Attorney,
Departmental Appeals Board, Appellate Division, MS-6127, Room G-644,
Cohen Building, 330 Independence Avenue, SW., Washington, DC 20201,
telephone number (202) 565-0123, jeffrey.sacks@hhs.gov.
SUPPLEMENTARY INFORMATION: Notice of appeal is hereby given as set
forth in the following letter, which has been sent to the New York
State Office of Children and Family Services.
Alan A. Pfeffer, Assistant Deputy Counsel, New York State Office of
Children and Family Services, Capital View Office Park, 52 Washington
Street, Rensselaer, New York 12144-2796.
Counsel:
This letter is in response to the request of the New York State
Office of
[[Page 3934]]
Children and Family Services (State) for a hearing to contest the
Administration for Children and Families' (ACF) disapproval of an
amendment to the State's plan for implementing title IV-E of the Social
Security Act (Foster Care and Adoption Assistance).
The basis for the disapproval is that the plan amendment alters the
eligibility criteria for title IV-E Foster Care in a manner that is
inconsistent with the criteria at section 472 of the Social Security
Act (Act) (42 U.S.C. 672).
Section 472(a) requires that each state with an approved plan under
title IV-E make foster care maintenance payments with respect to a
child who has been removed from his or her home and placed in foster
care pursuant to a voluntary placement agreement or court order, and
who would have been eligible for benefits under the former Aid to
Families with Dependent Children (AFDC) program at former title IV-A of
the Act (as in effect on July 16, 1996) in the month in which the
agreement was entered or court proceedings initiated, or within six
months prior to such month, if the child had still been in the home
from which the child was removed.
The State's plan amendment (Transmittal No. 03-4) would alter the
eligibility requirements with respect to whether the child must have
been eligible for AFDC in the home from which he or she was removed,
consistent with the holding of the U.S. Court of Appeals for the Ninth
Circuit in Rosales v. Thompson, 321 F.3d 835 (9th Cir. 2003). That case
involved a child who was removed from his parent's home and placed
informally with a grandparent who later became the child's foster care
parent upon entry of the court order legally removing the child from
the parent's home. The child would not have been eligible for AFDC
payments while in the parent's home, but was eligible in the
grandparent's home. The court found that the child was eligible for
title IV-E Foster Care, based on the child's eligibility for AFDC while
residing informally in the grandparent's home.
ACF has determined that the holding in Rosales v. Thompson
misinterprets the Act and conflicts with Department regulations and
policy, and has declined to apply it with respect to states outside the
Ninth Circuit. ACF has determined that the child's eligibility for AFDC
must be based on the home of the parent or other specified relative who
was the child's legal guardian and from which the child is legally
removed, and not on the home of a specified relative with whom the
child resides informally after the child has been physically removed
from home of the child's parent or specified relative who was the
child's legal guardian, but prior to the judicial determination or
voluntary placement agreement legally removing the child from the home
of the child's parent or other specified relative who was the child's
legal guardian.
I have designated Donald F. Garrett, a member of the Departmental
Appeals Board, as the presiding officer pursuant to 45 CFR 213.21. ACF
and the State are now parties in this matter. 45 CFR 213.15(a). The
parties have agreed that there are no disputed issues of fact, and that
an in-person hearing is not necessary to resolve the State's request
for reconsideration. Accordingly, the parties have agreed that the
appeal be decided based on their written submissions.
A copy of this letter will appear as a notice in the Federal
Register and any individual or group wishing to request recognition as
a party will be entitled to file a petition pursuant to 45 CFR
213.15(b) with the Departmental Appeals Board within 15 days after that
notice has been published. A copy of the petition should be served on
each party of record at that time. The petition must explain how the
issues to be considered have caused them injury and how their interest
is within the zone of interests to be protected by the governing
Federal statute. 45 CFR 213.15(b)(1). In addition, the petition must
concisely state petitioner's interest in the proceeding, who will
represent petitioner, and the issues on which petitioner wishes to
participate. 45 CFR 213.15(b)(2). Additionally, if petitioner believes
that there are disputed issues of fact which require an in-person
hearing, petitioner should concisely specify the disputed issues of
fact in the petition, and also state whether petitioner intends to
present witnesses. Petitioners may also, within 15 days after this
notice has been published, request extensions of the time for
requesting participation for the purpose of obtaining and reviewing
copies of the parties' written submissions.
Any party may, within 5 days of receipt of such petition, file
comments thereon; the presiding officer will subsequently issue a
ruling on whether and on what basis participation will be permitted.
Any interested person or organization wishing to participate as
amicus curiae may also file a petition with the Board, which shall
conform to the requirements at 45 CFR 213.15(c)(1). This petition, or a
request for an extension of time to review the briefs, must be filed
within 15 days after this notice has been published, to permit the
presiding officer an adequate opportunity to consider and rule upon it.
Upon the conclusion of proceedings in this matter, the presiding
officer will issue a proposed decision. I will then issue the final
decision of the Department. 45 CFR 213.22, 213.32.
Any further inquiries, submissions, or correspondence regarding
this matter should be filed in an original and two copies with Mr.
Garrett at the Departmental Appeals Board, Appellate Division, MS-6127,
Room G-644, Cohen Building, 330 Independence Avenue, SW., Washington,
DC 20201. For convenience please refer to Board Docket No. A-04-82.
Electronic inquiries, submissions, or correspondence may be submitted
by sending electronic mail (e-mail) to Jeffrey Sacks, Departmental
Appeals Board Staff Attorney, at jeffrey.sacks@hhs.gov. Submit comments
as an ASCII file avoiding the use of special characters and any form of
encryption. The Board also accepts comments and data on disks in Word,
WordPerfect or ASCII file format. Identify all submissions by Board
Docket No. A-04-82.
The record in this matter, including the parties' written
submissions, is available for public inspection. Interested persons or
organizations may contact Jeffrey Sacks, Board Staff Attorney, at 202-
565-0123 (or at jeffrey.sacks@hhs.gov) to arrange for inspection and
copying of the record. Each submission must include a statement that a
copy of the submission has been sent to the other parties, identifying
when and to whom the copy was sent. For convenience please refer to
Board Docket No. A-04-82.
Dated: December 16, 2004.
Wade F. Horn,
Assistant Secretary for Children and Families.
[FR Doc. 05-1452 Filed 1-26-05; 8:45 am]
BILLING CODE 4184-01-P
