Invitation To Comment on Proposed Data Composites and Potential Performance Areas and Measures for the Child and Family Services Review, 67479-67489 [05-22095]
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Federal Register / Vol. 70, No. 214 / Monday, November 7, 2005 / Notices
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Administration for Children and
Families
Invitation To Comment on Proposed
Data Composites and Potential
Performance Areas and Measures for
the Child and Family Services Review
AGENCY: Children’s Bureau (CB),
Administration on Children, Youth and
Families (ACYF), Administration for
Children and Families (ACF),
Department of Health and Human
Services.
ACTION: Invitation to comment on
proposed data composites and potential
performance areas and measures for the
Federal Child and Family Services
Review (CFSR).
SUMMARY: This notice is to advise the
public of ACF’s plan to replace the six
national data measures used for the
CFSR with six data composites
addressing the child welfare domains of
maltreatment recurrence, maltreatment
in foster care, timeliness of adoptions,
timeliness of reunifications, placement
stability, and permanency for children.
The plan to develop data composites is
a response to a recommendation made
by a consultant under contract with
ACF to study the CFSR process. The
recommendation is based on input from
a CFSR workgroup convened by the
consultant at the end of the first round
of CFSRs to assist in identifying areas
needing improvement.
ACF expects that each data composite
will incorporate multiple performance
areas and measures relevant to a specific
domain. ACF plans to use State
performance on the data composites as
part of its evaluation of a State’s
substantial conformity with specific
outcomes assessed through the CFSR.
National standards will be developed
for each of the domains represented by
the six data composites.
ACF’s plan to replace existing
measures with data composites is
consistent with the final CFSR
regulation at 45 CFR 1355.34(b)(4) and
(5), which authorizes the Secretary of
HHS to add, amend, or suspend any of
the statewide data indicators when
appropriate, and to adjust the national
standards when appropriate. The
proposed plan also complies with the
requirements of section 1123A of the
Social Security Act (the Act) for ACF to
assess State child welfare agencies’
compliance with titles IV–B and IV–E of
the Act as implemented in 45 CFR
1355.31 through 1355.37.
We invite the public to comment on
the data composites, performance areas,
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and measures proposed in this
announcement.
DATES: Written comments must be
submitted to the office listed in the
address section below either by mail or
e-mail on or before (30 days).
ADDRESSES: Mail Address: Children’s
Bureau, 370 L’Enfant Promenade SW.,
Washington, DC 20447. E-mail address:
cfsrmeasures@acf.hhs.gov.
FOR FURTHER INFORMATION CONTACT: John
Hargrove, 202–205–8634.
SUPPLEMENTARY INFORMATION:
CFSR and Existing Outcome Measures
The CFSR is ACF’s results-oriented
comprehensive monitoring system
designed to promote continuous
improvement in the outcomes
experienced by children and families
who come into contact with State public
child welfare agencies. ACF developed
the CFSR in response to a mandate in
the Social Security Amendments of
1994 (see section 1123A of the Social
Security Act) for the Department of
Health and Human Services to
promulgate regulations for reviews of
State child and family services programs
under titles IV–B and IV–E of the Social
Security Act. ACF’s final regulations on
the CFSR process, issued in 2000, can
be found at 45 CFR 1355.31 through
1355.37. Between fiscal years (FY) 2001
and 2004, ACF conducted a CFSR of
every State, the District of Columbia,
and Puerto Rico.
The CFSR assesses State performance
on seven outcomes, seven systemic
factors, and six national data measures
that ACF adapted from measures
originally developed for the Report to
Congress on Child Welfare Outcomes
(see attachment A for the report to
Congress measures and the CFSR
Outcomes). Data for the six national
data measures come from the Adoption
and Foster Care Analysis and Reporting
System (AFCARS) and the National
Child Abuse and Neglect Data System
(NCANDS). AFCARS is a federally
mandated data system established for
the collection of foster care and
adoption data. NCANDS is a voluntary
data collection system that is the
primary source of national information
on abused and neglected children who
are known to State agencies providing
child protective services.
ACF established national standards
for each of the six data measures and
used the standards as part of the
assessment of a State’s substantial
conformity with particular outcomes.
ACF described these six data measures
in the preamble to the final CFSR
regulation, published in the Federal
Register (65 FR 4024–4025). This same
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citation provides information on how
ACF calculated the national standards
associated with each of the six data
measures. Subsequently, ACF issued
information memoranda on the specific
national standards that would be used
in the initial CFSR implementation (see
ACYF–CB–IM–00–11 and ACYF–CB–
IM–01–07).
The following performance measures
and national standards were used
during the first round of CFSRs as part
of the assessment of a State’s substantial
conformity with CFSR Safety Outcome
1—Children are, first and foremost,
protected from abuse and neglect:
• Repeat maltreatment—Of all
children who were victims of
substantiated or indicated child abuse
and/or neglect during the first 6 months
of the reporting period, 6.1 percent or
less had another substantiated or
indicated report within a 6-month
period.
• Maltreatment of children in foster
care—Of all children who were in foster
care during the reporting period, 0.57
percent or less were the subject of
substantiated or indicated maltreatment
by a foster parent or facility staff
member.
The following performance measures
and national standards were used as
part of the assessment of a State’s
substantial conformity with CFSR
Permanency Outcome 1—Children will
have permanency and stability in their
living situations:
• Timeliness of reunification—Of all
children who were reunified with their
parents or caretakers at the time of
discharge from foster care, 76.2 percent
or more were reunified in less than 12
months from the time of the latest
removal from home.
• Re-entry into foster care—Of all
children who entered foster care during
the reporting period, 8.6 percent or less
were re-entering foster care within 12
months of a prior foster care episode.
• Timeliness to adoption—Of all
children who exited foster care to a
finalized adoption, 32 percent or more
exited foster care in less than 24 months
from the time of the latest removal from
home.
• Placement stability—Of all children
who have been in foster care for less
than 12 months from the time of the
latest removal from home, 86.7 percent
or more have had no more than 2
placement settings.
Recommendation To Develop Data
Composites
ACF views the CFSR as a dynamic
process and has made ongoing
improvements in the process in
response to lessons learned in the field
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and to recommendations from State
child welfare agency administrators.
After completion of the first round of
CFSRs in FY 2004, ACF contracted with
a consultant to study the CFSR and
make further recommendations
regarding strategies for improvement. To
assist them in this task, the consultant
convened a CFSR workgroup of State
child welfare agency administrators and
child welfare researchers and, based on
input from this workgroup, produced a
set of recommendations for ACF. One
recommendation was to replace the
existing CFSR single data measures for
which national standards were
established with data composites that
incorporate a wider range of
performance areas relevant to a
particular child welfare domain. ACF
proposes to implement this
recommendation for the following
reasons:
• The recommendation is consistent
with our observations during the first
round of the CFSR that expanding the
scope of data pertaining to a particular
child welfare domain will provide a
more effective assessment of State
performance. For example, expanding
the scope of data pertaining to the
timeliness of reunification will address
various performance areas relevant to
this domain, including the permanency
of the reunification.
• Data composites will provide a
more holistic view of State performance
in a particular domain than a single data
measure can achieve. For example, the
current CFSR measure of timeliness of
adoption considers the percentage of
children adopted within 24 months of
entering foster care, but not children’s
experiences with regard to the
timeframes between key points in the
adoption process, such as the time from
termination of parental rights (TPR) to a
finalized adoption.
• Data composites will ensure that
the data component of a State’s
performance with regard to a particular
domain will not depend on one
measure. For example, a State’s
performance regarding the data
composite for the domain of timeliness
to adoption may be uneven, with
performance higher in one area than in
another. However, overall performance
on the composite may be high relative
to other States. Thus, the data composite
will account for both the strengths and
weaknesses that a State exhibits within
a particular domain.
• Data composites will allow the
development of national standards that
account for variation in State practices
and policies. For example, there are
differences in State policies and
practices regarding reunification. In
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some States, children are physically
reunified with families several months
before legal custody is transferred to
parents or guardians. States indicate
that this practice allows them to ensure
that the families receive the services and
monitoring necessary to support the
reunification process. In contrast, in
other States, legal custody and physical
custody are transferred simultaneously.
Using data composites for the domain of
timeliness of reunification will enhance
ACF’s ability to account for these
variations in practice.
• Data composites are being
successfully used by the Federal
government to assess other programs.
For example, composite measures are
being developed and used for the No
Child Left Behind initiative. In addition,
composite measures have been used to
evaluate the performance of hospitals in
various health-related domains.
Although the methodology for
calculating the scores for the data
composites has not been finalized, the
following describes the approach that is
under consideration:
Possible composite methodology: Six
data composites are under consideration
(these are described in the section
below), with each composite pertaining
to a different domain of child welfare
practice (i.e., recurrence of
maltreatment, maltreatment of children
in foster care, timeliness of
reunifications, timeliness of adoptions,
placement stability, and achieving
permanency). It is expected that each
composite will incorporate two or more
performance areas, with a specific
measure developed for each
performance area. The final
performance areas to be included in
each data composite will depend upon
the following: (1) Input from the field in
response to this announcement, and (2)
the results of principle components
analyses regarding the viability of
inclusion of specific performance areas
in a particular domain. The principle
components analyses also will permit a
determination of the relative
contribution of each performance area to
the overall domain represented by the
data composite. Once the performance
areas and measures are identified, a
score will be calculated for each State
for each data composite based on the
appropriate weighting (as determined
from the analyses) of a State’s
performance in each of the performance
areas.
For each data composite, ACF is
considering using the distribution of
scores across States to establish a
national standard (the methodology to
be used to set the standard has not yet
been determined). This will result in six
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separate standards, one for each
domain. Because the primary purpose of
a data composite is to capture overall
performance in a particular domain,
ACF will not establish a national
standard for the individual performance
areas incorporated in the composites.
Therefore, States will not be expected to
meet a standard for any individual
performance area but to achieve an
overall performance level in a particular
domain related to safety or permanency.
However, ACF will provide States with
information regarding each performance
area with regard to the mean, median,
and range of scores across States to
enable a State to identify the
performance areas within a composite
where improvements may be needed.
ACF proposes to use the national
standards developed for the data
composites as part of the assessment of
State performance in the second round
of CFSRs. These will be used in
conjunction with findings from the
CFSR onsite case reviews in the overall
determination of a State’s substantial
conformity with specific outcomes.
Proposed Data Composites and
Performance Areas
A table providing a comparison of the
existing CFSR data measures and the
proposed data composites and
performance areas is provided in
attachment B. Additional information
regarding the data composites and
performance areas is presented below.
The criteria for selection of measures for
each performance area are the following:
(1) They must be measurable using data
available from AFCARS and NCANDS,
and (2) they must be measurable within
the CFSR timeframes for assessing State
improvement in performance.
CFSR Safety Outcome 1: Children are
First and Foremost Protected From
Abuse and Neglect
Safety Composite 1: Recurrence of
Maltreatment
Performance on Safety Composite 1—
Recurrence of maltreatment—will be
part of the assessment of a State’s
substantial conformity with CFSR Safety
Outcome 1—Children are, first and
foremost, protected from abuse and
neglect. Safety Composite 1 reflects the
responsibility of a State child welfare
system to ensure the ongoing safety of
children who come into contact with
the system through a maltreatment
allegation.
The following performance areas are
under consideration for this data
composite:
• Recurrence of substantiated or
indicated maltreatment reports.
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• Multiple unsubstantiated
maltreatment reports.
• Timeliness of initiating
investigations of child maltreatment
reports.
• Timeliness of dispositions of
maltreatment reports.
examine their own data to identify the
factors associated with maltreatment
recurrence.
Safety Composite 1—Performance Area
1: Recurrence of Substantiated or
Indicated Maltreatment Reports
Justification for inclusion: This
performance area provides an
assessment of a child welfare agency’s
effectiveness in responding to the safety
of children who are found to be victims
of abuse or neglect.1 It addresses the
question of whether the agency took the
necessary actions to ensure that the
children do not experience abuse or
neglect again.
Possible measure: Of all children who
were victims of substantiated or
indicated child abuse and/or neglect
during the first 6 months of the
reporting period, what percentage had
another substantiated or indicated
report within a 6-month period? This is
the measure that was used during the
first round of CFSRs to assess
maltreatment recurrence.
Relevant issues: This measure focuses
on recurrence within a 6-month period
because it is not possible to link
children reported to the NCANDS Child
File across years. In support of the
measure, research findings suggest that
the incidence of occurrence of a
substantiated maltreatment report
within 12 months of a prior
substantiated report is not significantly
greater than the incidence of recurrence
within 6 months.2
Some CFSR workgroup participants
recommended that the CFSR include
measures designed to identify the types
of maltreatment that recur and the
characteristics (such as age and race/
ethnicity) of children who are the
victims of maltreatment recurrence.
ACF determined that, although these
measures address important research
questions about maltreatment
recurrence and are appropriate for a
research initiative, they are beyond the
scope of the CFSR, which is intended to
provide a general assessment of State
performance in particular domains.
However, ACF encourages States to
1 InChild Maltreatment 2003, a child victim is
defined as a child for whom an incident of abuse
or neglect has been substantiated or indicated by an
investigation or assessment.
2 Fluke, J. et al. (1999). Recurrence of
maltreatment: An application of the National Child
Abuse and Neglect Data System. Child Abuse and
Neglect, 23 (7), 633–650. DePanfilis, D., and
Zuravin, S. (1998). Rates, patterns, and frequency of
child maltreatment recurrences among families
known to CPS. Child Maltreatment, 3 (1), 27–42.
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Safety Composite 1—Performance Area
2: Multiple Unsubstantiated
Maltreatment Reports
Justification for inclusion: ACF is
seeking input from the field regarding
the feasibility of capturing as part of
Safety Composite 1 the child safety
issues relevant to multiple
‘‘unsubstantiated’’ maltreatment reports.
(The term ‘‘unsubstantiated report’’ does
not include maltreatment allegations
that are not accepted for investigation
[i.e., are ‘‘screened out], those that are
investigated and found to be
‘‘intentionally false,’’ or those that are
‘‘closed without a finding.3’’) Research
findings indicate the following: (1)
Children who are the subject of
unsubstantiated maltreatment reports
are highly likely to have experienced
abuse or neglect, (2) there is extensive
variation across States regarding the
criteria used to make a substantiation
determination, and (3) the decision as to
whether a maltreatment report is
substantiated or unsubstantiated often is
not based on consistent criteria even
within a State.4 In addition, a recent
finding of the federally funded study
entitled Longitudinal Studies of Child
Abuse and Neglect, found no differences
in the behavioral and developmental
outcomes of 8-year-old children with
unsubstantiated and substantiated
maltreatment reports filed when the
children were between the ages of 4 and
8.5
Possible measure: ACF welcomes
comments from the field regarding
possible measures for this performance
area. Although research findings suggest
that a child who is the subject of
multiple unsubstantiated maltreatment
reports is likely to be experiencing
maltreatment recurrence, ACF is
concerned that a measure developed for
this performance area may result in
unintended consequences. For example,
States that have a practice of monitoring
3 The major NCANDS disposition categories are
defined in Child Maltreatment, 2002, U.S.
Department of Health and Human Services,
Administration on Children, Youth and Families.
4 Drake, B. (1996). Unraveling ‘‘unsubstantiated.’’
Child Maltreatment, 1 (3), 261–271. English et al.
(2002). Causes and consequences of the
substantiation decision in Washington State Child
Protective Services. Children and Youth Services
Review, 24 (11), 817–851. Leiter et al. (1994).
Substantiated and unsubstantiated cases of child
maltreatment: Do their consequences differ? Social
Work Research, 18 (2), 67–82.
5 Hussey, J. et al. (2005). Defining maltreatment
according to substantiation: Distinction without a
difference? Presentation at the 15th National
Conference on Child Abuse and Neglect, Boston,
MA: April, 2005.
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families in which a child is the subject
of an unsubstantiated report or of
providing services to these families may
be discouraged from implementing
these practices if the ongoing
surveillance of the family increases the
likelihood that a subsequent
maltreatment allegation (either
substantiated or unsubstantiated) may
occur. ACF also wants to ensure that the
measure will, for the most part, exclude
maltreatment allegations that are
without merit.
Relevant issues: Although several
participants in the CFSR workgroup
recommended that a measure of
recurrence of unsubstantiated reports
should be incorporated into the CFSR
safety assessment, a few were not in
accord with this recommendation.
Those that were opposed to the
recommendation expressed the
concerns identified above.
Safety Outcome 1—Performance Area 3:
Timeliness of Initiating Investigations of
Child Maltreatment Reports
Justification for inclusion: NCANDS
defines the initial investigation as
beginning when the child protective
services (CPS) agency has face-to-face
contact with, or attempts to have faceto-face contact with, the alleged victim.
If face-to-face contact with the alleged
victim is not possible, the initial
investigation is considered as beginning
when CPS first contacts any party who
can provide information essential to the
investigation or assessment. ACF’s
proposal to include timeliness of
initiating investigations as a
performance area for Safety Composite 1
is based on the following assumptions:
• The continued risk of harm to a
child who is the subject of a
maltreatment report is best assessed
through face-to-face contact with the
child, and
• Protection of the child is enhanced
when this face-to-face contact occurs
quickly after a maltreatment report is
received by the agency.
Possible measures: Two measures of
this performance area are under
consideration and are provided for
review and comment.
• During the reporting year, of all
children who were the subject of an
investigation conducted in response to a
report alleging maltreatment, what was
the mean (or median) length of time
between receipt of the report and the
initiation of the investigation?
• During the reporting year, of all
children who were the subject of an
investigation conducted in response to a
report alleging maltreatment, what
percent had investigations that were
initiated in the following timeframes:
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Within 1 day (24 hours)?—This
timeframe is conceptualized as a
‘‘timely response.’’
After 7 days?—This timeframe is
conceptualized as one that did not
adequately address the safety of the
child.
Relevant issues: Because ACF believes
that the ongoing risk of harm to a child
is most effectively assessed through
face-to-face contact with the child and
family, and that this contact should take
place quickly after a report is received,
the proposed measures do not address
variation across States with regard to
required timeframes for responding to a
maltreatment report, which range from
a few hours to a few weeks (with a few
States having no time requirements).
The measures also do not take into
account the ‘‘priority’’ systems
established by many States that result in
assigning different timeframes to
different reports based on perceived risk
of harm to the child. These timeframes
also range from a few hours to a few
weeks.
Some States have established an
‘‘alternative response’’ (also called a
differential response) to maltreatment
reports. Under this approach, a
maltreatment report may be referred for
an assessment of the family rather than
for an investigation to determine
whether child maltreatment did or did
not occur. Usually, reports are referred
for an assessment when a CPS agency
determines that the risk of harm to the
child is low. ACF has not yet decided
whether the timeliness of initiating
alternative response assessments will be
included in the proposed measure. A
concern is that not all States that
implement an alternative response
approach report these activities to the
NCANDS Child File. ACF welcomes
comment and suggestions from the field
regarding this issue.
Safety Composite 1—Performance Area
4: Timeliness of Dispositions of Child
Maltreatment Reports
Justification for inclusion: This
performance area is included in Safety
Composite 1 for the following reasons.
• Until an investigation is completed
and the risk of harm to a child is fully
assessed, States may not be in a position
to identify the needs of the child and
family accurately and to match services
to the needs. This could affect the
possibility of future maltreatment.
• When a disposition is not made in
a timely manner and the agency receives
a subsequent report of alleged
maltreatment of the child, the lack of a
disposition may affect the agency’s
ability to accurately evaluate the
subsequent report since it may not have
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full information pertaining to the earlier
investigation.
• It is not until the disposition that an
agency’s plan is sanctioned by the court.
The court sanctioning ensures that the
agency and the parents are aware that
they are required to carry out the actions
detailed in the plan.
Possible measures: The following two
measures are under consideration.
• During the reporting year, of all
children who were the subject of
investigations conducted in response to
reports alleging maltreatment, what was
the mean (or median) length of time
between receipt of the report and the
disposition?
• During the reporting year, of all
children who were the subject of
investigations conducted in response to
maltreatment reports, what percent had
investigations that reached a disposition
in various timeframes (e.g., 60 days from
the time of receipt of the report,
between 60 and 90 days, longer than 90
days).
ACF welcomes comments on the
decision to begin the ‘‘disposition
timeframe’’ with the receipt of the
maltreatment report rather than with the
initiation of the investigation.
Relevant issues: The proposed
measures do not include information
pertaining to assessments made as a
result of an alternative response. Many
States that implement an alternative
response do not reach a disposition in
these situations, even when the decision
is made to open a case for services.
Although the NCANDS Child File
includes disposition categories of
‘‘Alternative Response Victim’’ and
‘‘Alternative Response Nonvictim,’’ only
three States report Alternative Response
Victims, and only nine report
Alternative Response Nonvictims.
CFSR Safety Outcome 2: Children Are
Safely Maintained in Their Homes
Whenever Possible and Approrpriate
Safety Composite 2: Maltreatment of
Children in Foster Care
Performance on Safety Composite 2
will be part of the assessment of a
State’s substantial conformity with
CFSR Safety Outcome 2—Children are
safely maintained in their own homes
whenever possible and appropriate.
Although the wording of CFSR Safety
Outcome 2 specifies the safety of
children maintained in their own
homes, the outcome also applies to
maintaining children safely while they
are in the ‘‘homes’’ in which they are
placed by the child welfare agency,
including licensed foster family homes,
relative homes, group homes, or
institutions. The composite reflects the
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primary responsibility of a child welfare
system to ensure that children are not
victims of maltreatment while they are
under the care and placement
responsibility of the State.
The following two performance areas
are under consideration for this
composite:
• Maltreatment of children in foster
care by a foster parent or facility staff
member.
• Maltreatment of children in foster
care by their parents.
Safety Composite 2—Performance Area
1: Maltreatment of Children in Foster
Care by a Foster Parent or Facility Staff
Member
Justification for inclusion: ACF, and
the public in general, expect State child
welfare agencies to ensure that Stateappointed caregivers of children in
foster care do not abuse or neglect the
children placed in their care.
Possible measure: Of all children who
were in foster care during the reporting
period, what percent was the subject of
substantiated or indicated maltreatment
by a foster parent or facility staff
member?
Relevant issues: This measure was
used to assess maltreatment of children
in foster care during the first round of
CFSRs. Some concern was expressed by
the field that the measure inadvertently
includes children who were maltreated
by foster care providers or facility staff
members but who were not in foster
care with the State child welfare system
at the time of the maltreatment (i.e., the
children were in another system or they
were in private foster or facility care). A
recent requirement that all children in
an NCANDS Child File have an
AFCARS identification number will
permit an identification of these
children so that they can be excluded
from the measure.
Some CFSR workgroup participants
recommended that there be separate
measures for maltreatment of children
in foster care by a foster parents and
maltreatment by a facility staff member.
However, a review of the data found
that the incidence of maltreatment by
these ‘‘perpetrator types’’ taken
separately is too small to constitute
meaningful measures.
Some CFSR workgroup participants
also recommended that ACF develop a
measure that identifies the extent of
maltreatment of children who are
placed by the State with relatives as
foster caregivers, including relatives
who are licensed foster parents and
relatives who are not licensed foster
parents. At present, the NCANDS Child
File does not allow for this level of
detail regarding relative perpetrators.
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Although a relative may be identified in
NCANDS as a perpetrator, it is not
possible to determine whether the
relative also was the child’s Stateappointed caretaker. Similarly, a
licensed foster parent may be identified
as the perpetrator, but it is not possible
to determine whether the licensed foster
parent also is a relative.
maltreatment of children in foster care
by their parents can be revised to
incorporate the incident date and it will
no longer be necessary to incorporate a
30-day exclusion.
Safety Outcome 2—Performance Area 2:
Maltreatment of Children in Foster Care
by Their Parents
Justification for inclusion: State child
welfare agencies are responsible for
ensuring that any safety concerns
regarding parental contacts with a child
in foster care are appropriately
addressed. An analysis of NCANDS
Child File data using matching AFCARS
identification numbers found that in FY
2003, a substantial number of children
who were the victims of maltreatment
by a parent were in foster care for at
least 30 days before the date of the
maltreatment report. In most States, the
number of these children was
considerably larger than the number of
children who were victims of
maltreatment by foster parents or
facility staff.
Possible measure: Of all children who
were in foster care for longer than 30
days during the reporting year, what
percent were the subject of a
substantiated or indicated maltreatment
report in which the perpetrator was the
parent and the report was received after
the child had been in foster care for at
least 30 days?
Relevant issues: The proposed
measure uses the maltreatment report
date as a ‘‘proxy’’ for the date of the
maltreatment itself. Because children
entering foster care sometimes report
maltreatment events that occurred prior
to entry, the measure excludes
maltreatment reports involving parent
perpetrators that were received during
the first 30 days that the child was in
foster care. The 30-day ‘‘exclusion’’ is
based on analysis of NCANDS data
demonstrating a substantial decline in
the number of children in foster care
reported as being maltreated by a parent
after the first 7 days the child is in foster
care, a more moderate decline in this
number from 8 to 30 days after entry
into foster care, and then a leveling off
after 30 days.
Although the most recent version of
the NCANDS Child File includes a data
element pertaining to the date of the
maltreatment incident, States are not yet
consistently reporting this new data
element. When States report
information pertaining to the
maltreatment incident date in a
consistent manner, the measure of
Permanency Composite 1: Timeliness
and Permanency of Reunifications
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CFSR Permanency Outcome 1: Children
Have Permanency and Stability in
Their Living Situations
Performance on Permanency
Composite 1 will be part of the
determination of a State’s substantial
conformity with CFSR Permanency
Outcome 1—Children will have
permanency and stability in their living
situations. The composite addresses
State child welfare system’s
performance with regard to promoting a
safe, timely, and permanent family
reunification by assisting families to
resolve the problems that resulted in the
children being removed from the home.
The performance areas under
consideration for the composite are the
following:
• Timeliness of reunifications of
children exiting foster care in a given
fiscal year.
• Timeliness of reunifications of
children entering foster care in a given
fiscal year.
• Permanency of reunifications.
Permanency Composite 1—Performance
Area 1: Timeliness of Reunifications of
Children Exiting Foster Care
Justification for inclusion: Exits from
foster care represent the outcomes
experienced by children in foster care,
and exits to reunification reflect an
agency’s success with regard to its
function of promoting the reintegration
of the family. A primary goal of ACF
and the Adoption and Safe Families Act
of 1997 (ASFA) is to ensure that
children do not remain in foster care
any longer than is necessary to achieve
permanency. Information about the
timeliness of children exiting foster care
to reunification provides a basis for
assessing State performance in
achieving this goal.
Possible measures: A number of
measures are under consideration for
this performance area, with each
addressing a particular variation in State
practices and policies pertaining to
reunification. For each measure, we are
proposing two possible approaches to
assessing timeliness to reunification.
One approach that was used in the first
round of the CFSR reflects an
expectation that 12 months is a
sufficient amount of time to bring about
a reunification for most children. The
second approach examines timeliness to
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reunification as a function of a State’s
median length of stay in foster care for
all children exiting foster care to
reunification, with the expectation that
the distribution of these median across
States would be used to set a
performance expectation. Both
approaches are included in each of the
following measures and ACF welcomes
input from the field regarding these
approaches.
• During the reporting year, of all
children reunified with their parents or
caretakers at the time of discharge from
foster care, (1) what percent were
reunified in less than 12 months from
the time of the latest removal from
home? OR, (2) what was the median
length of stay in foster care (in months)
of all children exiting to reunification?
A frequent criticism of this measure is
that it does not account for variations in
State practices and policies that impact
the time between entry into foster care
and exit to reunification. The following
measures are designed to address these
concerns.
• During the reporting year, of all
children reunified with their parents or
caretakers at the time of discharge from
foster care who were in foster care for
more than 7 days (at least 8 days), (1)
what percent were reunified in less than
12 months from the time of the latest
removal from home? OR, (2) what was
the median length of stay in foster care
(in months) for these children? This
measure is intended to address
variations among States with regard to
the practice of removing a child from
his or her home at the onset of a
maltreatment investigation until an
initial court hearing is held to determine
whether the child should be returned
home or remain in foster care.
• During the reporting year, of all
children reunified with their parents or
caretakers at the time of discharge from
foster care who were in foster care for
more than 30 days (at least 31 days), (1)
what percent were reunified in less than
12 months from the time of the latest
removal from home? OR (2) what was
the median length of stay in foster care
(in months) for these children? This
measure addresses another type of
variation among States. Some States
tend to remove a child from his or her
home while providing very short-term
services to the family in response to a
family crisis. In contrast, other States, in
a similar situation, tend to provide
services to resolve the crisis while the
child remains in the home, if it is safe
to do so. This measure is designed to
assess timeliness of reunifications for
children and families who may need
more than very short-term services to
resolve the issues leading to removal.
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An analyses of the data found that when
performance on this measure is
compared to performance on the
existing CFSR measure of reunification,
five States drop out of the top quartile
with regard to the percent of
reunifications occurring within 12
months of a child’s entry into foster
care.
• During the reporting year, of all
children reunified with their parents or
caretakers at the time of discharge from
foster care, (1) what percent either were
reunified in less than 12 months from
the time of the latest removal from home
or were placed in a trial home visit
within 11 months of removal and whose
last placement setting prior to discharge
was a Trial Home Visit, OR (2) what was
the median length of stay in foster care
(in months) of children exiting to
reunification or of children whose
placement was a Trial Home Visit at
least 30 days prior to reunification.
Under the AFCARS definitions, a child
can be reported as discharged from
foster care to reunification only after the
court discharges the agency’s
responsibility for the child (or 6 months
after the child’s return in certain
circumstances). However, some States
maintain placement and care
responsibility of children for a period of
time after physical reunification,
usually ranging from 3 to 6 months, in
order to provide services and ongoing
monitoring. ACF has instructed States to
report these children to AFCARS as
being in a Trial Home Visit placement
setting. This measure is designed to
assess timeliness to reunification in a
manner that accounts for this difference
in State practice. An analysis of the data
found that when this measure was used
to assess timeliness to reunifications, 13
States exhibited substantial
improvements in performance, while no
State exhibited a decline in
performance.
Relevant issues: Although the
measures are presented separately for
review and comment, ACF is
considering the possibility of combining
some of the variables of concern into
one measure. For example, the measure
incorporating children in a trial home
visit also could include a requirement
that the child be in foster care for more
than 30 days.
Permanency Composite 1—Performance
Area 2: Timeliness of Reunifications for
Children Entering Foster Care in a Given
Fiscal Year
Justification for inclusion: Assessment
of the timeliness of reunifications of
children who enter foster care in a given
timeframe (i.e., an entry cohort) will
allow ACF to capture the success of
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recently implemented State efforts to
reunify children in a timely manner.
Possible measures: Two measures are
under consideration. Neither one
include an approach involving the
assessment of median length of stay in
foster care because it may be several
years before all, or even a substantial
percentage, of the children in a
particular cohort will have exited foster
care.
• Of all children entering foster care
for the first time in the first 6 months
of the reporting year, what percent
exited foster care to reunification within
12 months of entry into foster care?
• Of all children entering foster care
for the first time in the first 6 months
of the reporting year, what percent
exited foster care to reunification after
having been in foster care for at least 30
days but less than 12 months?
Relevant issues: ACF believes that the
assessment of timeliness to reunification
of children entering foster care in a
given year is an important component of
assessing State performance in this
domain. However, because not all
children in a given entry cohort are
destined to be reunified with their
families, the denominator for the entry
cohort measure often includes children
for whom reunification is not the
outcome. Because the percentage of
those children will vary across States
and over time, the measure must be
interpreted with caution and should be
used in conjunction with an assessment
of timeliness to reunification of an exit
cohort.
Permanency Composite 1—Performance
Area 3: Permanency of Reunifications
Justification for inclusion: The
permanency of reunifications may be
assessed by the extent of a State’s reentries into foster care. A reunification,
even if it occurs in a timely manner,
cannot be considered as ‘‘permanent’’ if
the child re-enters foster care within a
12-month period after the reunification.
A consistent finding over the years, as
reported in the Report to Congress on
Child Welfare Outcomes, is that States
with a relatively high percentage of
children reunified within 12 months
also tend to have a relatively high
percentage of children re-entering foster
care within 12 months of a prior
episode, although this is not the case for
all States.
Possible measure: Of all children who
exit foster care to reunification
(including living with a relative) in a
fiscal year, what percent re-enter foster
care within 12 months of the time of
exit?
Relevant issues: This measure is a
revision of the one used to assess foster
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care re-entry during the first round of
the CFSR. At the time the original
measure was developed, it was not
feasible through AFCARS to
consistently and reliably link children
across years for every State.
Consequently the existing re-entry
measure focused on the percentage of
children entering foster care who were
reported to be re-entering foster care and
whose re-entry occurred within 12
months of a prior episode. Because it is
now possible to link children across
years in AFCARS and to capture
children re-entering foster care by an
AFCARS identification number, the
measure has been changed to one that
is conceptually more meaningful.
Permanency Composite 2: Timeliness of
Adoptions
Performance on Permanency
Composite 2 will be a part of the
determination of a State’s substantial
conformity with CFSR Permanency
Outcome 1—Children will have
permanency and stability in their living
situations. The composite reflects ACF’s
emphasis on promoting timely
adoptions for those children in foster
care who cannot be reunified with their
families. The composite also reflects the
requirement of ASFA that States pursue
TPR for children who have been in
foster care for 15 of the most recent 22
months, unless the child is placed with
relatives, the State agency has not
provided necessary services, or there are
documented compelling reasons for not
seeking TPR.
The following performance areas are
under consideration for Permanency
Composite 2:
• Timeliness of finalized adoptions of
children discharged from foster care.
• Timeliness of finalized adoptions of
children who are in foster care for 17
months or more at the start of a fiscal
year.
• Timeliness of finalized adoptions of
children for whom a TPR has been
granted.
• Timeliness of achieving TPR for
children who have been in foster care
for 17 months or more at the start of a
fiscal year.
Although CFSR workgroup
participants recommended that ACF
assess timeliness to adoption using an
entry cohort (i.e., children who enter
foster care in a particular time period),
the results of our analyses indicated that
an entry cohort approach to assessing
the timeliness of adoptions is not
feasible for the CFSR. The key results
were the following:
• An extensive timeframe was
required to a cohort of children from
entry into foster care to a finalized
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adoption and the timeframe is not
consistent with the CFSR timeframes.
For example, in following a cohort of
children entering foster care in FY 2001,
meaningful data pertaining to adoptions
did not emerge until 3 years after the
entry year.
• Because not all children entering
foster care will be adopted, and because
the number of children waiting to be
adopted changes each year, it is not
possible to establish a stable
denominator for a cohort measure. In
following the FY 2001 cohort, we found
that the denominator for the measure of
timeliness to adoption kept changing on
an ongoing basis as children in the
original cohort were reunified or exited
foster care for other reasons.
Some researchers in the field using an
entry cohort to assess a State’s
performance with regard to the
timeliness of adoptions have addressed
the problems noted above by employing
statistical methods to estimate the
‘‘likelihood’’ of children who enter
foster care in a given year being adopted
within particular timeframes. ACF
determined that because the CFSR is a
monitoring system and not a research
initiative, the use of estimates is not
appropriate. A monitoring system,
particularly one that has financial
penalties associated with it, should be
based on actual performance rather than
on estimates of the likelihood of
particular events occurring within a
particular timeframe.
Although we have decided that an
entry cohort analysis is not appropriate
for Permanency Composite 2, some of
the performance areas proposed for this
composite involve longitudinal
assessments of progress toward
adoption of a group of children that may
be considered a cohort (i.e., all children
who have been in foster care for 17
months or longer at the end of a fiscal
year; or all children whose TPR occurs
during a given fiscal year).
Permanency Composite 2—Performance
Area 1: Timeliness of Adoptions of
Children Discharged From Foster Care
to a Finalized Adoption
Justification for inclusion: Exits to
adoption reflect the success of a child
welfare agency in achieving
permanency for those children who
cannot be returned to their families. A
primary goal of ACF is to ensure that
children who are adopted do not remain
in foster care any longer than is
necessary to achieve a finalized
adoption. Information about the
percentage of children exiting foster
care to a finalized adoption who exit in
a timely manner as well as about the
percentage of children who are adopted,
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but not in a timely manner, provides a
means of assessing State performance
with regard to achieving this goal.
Possible measures: The following
three measures are under consideration
for this performance area:
• Of all children who exited foster
care to a finalized adoption during the
reporting period, what percent exited
foster care in less than 24 months from
the time of the latest removal from
home? This measure was used to assess
timeliness of adoption during the first
CFSR round.
• Of all children who exited foster
care to a finalized adoption during the
reporting period, what percent was in
foster care for 48 months or more before
exiting to adoption?
• Of all children who exited foster
care to a finalized adoption during the
reporting period, what was the median
length of stay in foster care (in months)?
Relevant issues: Some CFSR
workgroup participants recommended
that the CFSR assessment include
measures that examine timeliness of
adoptions for children of different age
groups and different races/ethnicities.
Although ACF has determined that this
level of analysis is beyond the scope of
the CFSR, States are encouraged to
examine their own adoption data in
order to understand the relationships
between these factors and adoption
timeliness. States vary considerably
with regard to the distribution of ages
and races/ethnicity among their foster
care populations, and therefore the
relationships between these factors and
adoption timeliness also may vary.
Permanency Composite 2—Performance
Area 2: Timeliness of Adoptions of
Children Who Are in Foster Care for 17
Months or Longer at the Start of a Fiscal
Year
Justification for inclusion: This
performance area assesses progress
toward adoption of a cohort of children
who have been in foster care for 17
months or longer. ASFA requires State
child welfare agencies to pursue
adoption as a permanency goal for a
child who has been in foster care for 15
of the most recent 22 months, except in
limited circumstances. A 17-month
rather than a 15-month timeframe was
chosen for the performance area
because, in accordance with ASFA, a
child is considered to have ‘‘entered
foster care’’ (for purposes of starting the
clock for 15 of 22 months) on the earlier
of:
(1) The first judicial finding that the
child has been subjected to abuse and
neglect, or
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(2) The date that is 60 days after the
date on which the child is removed
from home.
The 17 months in the performance
area reflects the latter timeframe for
defining entry into foster care because
AFCARS does not collect information
pertaining to the date of the first judicial
finding.
Possible measure: Of all children in
foster care on the first day of a given
fiscal year who were in foster care for
17 continuous months or longer, what
percent were adopted before the end of
the fiscal year.
Relevant issues: The proposed
measure is based on the assumption that
children who have been in foster care
for 17 months or longer represent a
somewhat stable denominator.
(However, even after 17 months in foster
care the denominator is not entirely
stable because many children in the
cohort will exit to reunification.)
Although it would be preferable to
include in the measure only those
children in foster care for 17 months or
longer who have a case goal of adoption,
States do not consistently report case
goal information to AFCARS and
AFCARS does not have a data element
pertaining to the date that a case goal is
established. Also, in some States, the
goal of adoption is not formally
established until TPR has been achieved
although adoption may be the goal that
the agency is working toward.
Permanency Composite 1—Performance
Area 3: Timeliness of Adoptions of
Children for Whom Parental Rights
Have Been Terminated
Justification for inclusion: The two
timeframes that are critical to the
timeliness of adoptions are (1) the
timeframe between entry into foster care
and TPR, and (2) the timeframe between
TPR and adoption finalization. This
performance area addresses the latter
timeframe and reflects ACF’s
expectation that a finalized adoption
should occur quickly after TPR is
granted. An analysis of AFCARS data
indicated that, nationally, from FY 1998
to FY 2003, the average time from TPR
to adoption has remained consistent at
about 16 months.
Possible measure: Of all children for
whom a TPR was granted during a given
fiscal year, what percent were adopted
within 12 months of the TPR?
Relevant issues: An analysis of
existing data relevant to this measure
resulted in the identification of the
following data issues: (1) In their
submissions to the AFCARS Foster Care
File, some States are reporting a
substantial number of TPR dates after
the reporting period in which they
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actually occurred, and (2) in FY 2003,
States did not provide TPR dates in
their AFCARS Foster Care File
submissions for over one-fifth of the
children whose discharge reason was
adoption. Although these data problems
do not appear in the data submitted to
the AFCARS Adoption File, because the
AFCARS Foster Care File will be used
to calculate the measure for this
performance area, it is important that
States are more diligent, timely, and
consistent in their reporting of the
AFCARS Foster Care File data elements
pertaining to TPR.
Permanency Composite 2—Performance
Area 4: Timeliness of TPR for Children
Who Have Been in Foster Care for 17
Months or Longer at the Start of a Fiscal
Year
Justification for inclusion: This
performance area pertains to the
timeframe required to achieve a TPR for
children in foster care for 17 months or
longer. The performance area is
consistent with the ASFA requirement
that TPR should be sought for children
who have been in foster care for 15 of
the most recent 22 months, except in
limited circumstances.
Possible measure: Of all children in
foster care for 17 months or longer on
the first day of the fiscal year who did
not have a TPR, what percentage of
those who remained in foster care for
the next 6 months had a TPR within that
timeframe?
Relevant issues: National data
regarding time to adoption indicates
that the time span between the time of
entry into foster care and the
finalization of a TPR petition has
decreased from FY 1998 to FY 2003 by
an average of 10 months. Inclusion of
this performance area in Permanency
Composite 2 will permit an assessment
of an individual State’s performance
with regard to this timeframe.
Permanency Composite 3: Placement
Stability
Performance on Permanency
Composite 3 will be one component of
the determination of a State’s
substantial conformity with CFSR
Permanency Outcome 1—Children will
have permanency and stability in their
living situations. The composite reflects
the obligation of a State child welfare
system to ensure that children who are
removed from their homes by the State
experience stable placements during
their time in foster care. The following
performance areas are under
consideration for Permanency
Composite 3:
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• Stability of children’s placement
experience during the first year in foster
care
• Stability of children’s placement
experience for children in care for
longer than 12 months
Proposed Stability Performance Area 1:
Stability of Children’s Placement
Experience During the First Year in
Foster Care
Justification for inclusion: This
performance area addresses the issue of
achieving placement stability for
children as quickly as possible after
entry into foster care.
Possible measure: During the
reporting period, of all children who
have been in foster care for less than 12
months from the time of the latest
removal from home, what percent have
had no more than 2 placement settings?
Relevant issues: Some CFSR
workgroup participants suggested that
this measure does not take into account
variations in time in care within the 12month period or consider some States’
practices of routinely placing children
in foster care for short periods of time.
To address this concern, ACF examined
the data for this measure in the
following ways: (1) Excluding children
who had been in foster care for only 1
month, and (2) excluding children who
had been in care for only 3 months. The
correlations between State performance
on the measure of placement stability
within 12 months, and performance on
this measure using the 1-month and
3-month exclusion exceeded +0.95,
indicating little variation among the
measures. As a result, ACF decided that
the existing measure was adequate to
reflect variation in State performance
regarding placement stability during the
first 12 months in foster care.
Permanency Composite 3—Performance
Area 2: Stability of Children’s
Placement Experience for Children in
Care for Longer Than 12 Months
Justification for inclusion: ACF
believes that children should experience
placement stability throughout their
stay in foster care. However, analyses of
the AFCARS data indicated that in most
States, the percentage of children who
experience no more than 2 placement
settings declines considerably (in some
States by half) when children have been
in foster care for at least 12 months but
less than 24 months, and continues to
exhibit a substantial decline for those
children in foster care for 24 months or
longer.
Possible measure: Two measures are
under consideration for this
performance area.
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• During the reporting period, of all
children who have been in foster care
for at least 12 months but less than 24
months, what percent have had no more
than 2 placement settings?
• During the reporting period, of all
children who have been in foster care
for 24 months or longer, what percent
have had no more than 2 placement
settings?
Permanency Composite 4: Achieving
Permanency for Children
Performance on Permanency
Composite 4 will be part of the
determination of a State’s substantial
conformity with CFSR Permanency
Outcome 1—Children will have
permanency and stability in their living
situations. The composite reflects the
responsibility of the State child welfare
systems to engage in concerted efforts to
find permanent homes for children so
that extended stays in foster care are
avoided and children do not ‘‘age out’’
of the system. The following
performance areas are under
consideration for Permanency
Composite 4:
• The extent to which children are
‘‘growing up’’ in foster care.
• Timeliness of establishing
permanency goals.
• The extent to which children with
TPR exit foster care to a permanent
family.
Permanency Composite 4—Performance
Area 1: Children Growing Up in Foster
Care
Justification for inclusion: This
performance area addresses the question
of State effectiveness with regard to
ensuring that children do not
‘‘languish’’ in foster care—i.e., entering
foster care at a relatively young age and
exiting foster care only when they have
reached the age at which the State will
not longer provide for their care.
Possible measure: Of all children who
were emancipated from foster care prior
to age 18 or who reached their 18th
birthday while in foster care, what
percent entered foster care when they
were age 12 or younger and remained in
foster care continuously since that
entry?
Relevant issues: This measure is a
modification of a measure that is part of
the Report to Congress on Child Welfare
Outcomes. The modification adds to the
measure children who reached their
18th birthday while in foster care. The
modification was established because
Several States currently allow children
to remain in foster care beyond age 18,
often to complete school or college. The
modification will ensure that these
children are included in the measure if
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they entered foster care when they were
age 12 or younger even if they have not
yet exited foster care.
Permanency Composite 4—Performance
Area 2: Timeliness of Establishing
Permanency Goals
Justification for inclusion: A key
factor in moving a child toward
permanency is the establishment of a
permanency goal. The permanency goal
is the basis for developing a case plan
delineating the services to be provided
and the objectives to be achieved to
reach the goal. A Federal requirement is
that a case plan be established for every
child who is in foster care for longer
than 60 days and that the case plan
includes the agency’s plan for achieving
permanency for the child.
Possible measure: Of all children in
foster care for longer than 12 months,
what percentage is reported to AFCARS
as ‘‘Not Yet Determined’’ with regard to
the case goal?
Relevant issues: An analysis of data
relevant to this measure indicated that
there are a number of States that have
a relatively high percentage of children
for whom the data element regarding
case goal is reported as ‘‘not yet
determined.’’
Permanency Composite 4—Permanency
Area 3: Exits to Families of Children
With TPR
Justification for inclusion: This
performance area is an important
component of Permanency Composite 4
because it addresses the issue of
whether seeking TPR for children
results in children becoming ‘‘legal
orphans’’ (i.e., children with TPR who
are not placed for adoption or
guardianship or placed with relatives
and eventually emancipate from foster
care). TPR is a costly process, both
financially and, for the child,
emotionally. To engage in that process
with the end result that a child does not
exit foster care to a family would be
contrary to the best interests of the child
in most situations.
Possible measure: Of all children
exiting foster care with a TPR, what
percentage exited to a permanent
family? (A permanent family includes
living with a parent, relative, guardian,
or adoptive parents.)
Relevant issues: Although in most
States, the vast majority of children with
TPR exit foster care to a permanent
family, there are several States in which
15 to 20 percent of these children do not
exit to a family. This suggests that the
child welfare agency in those States may
not be making sufficient efforts to
ensure that children with TPR achieve
permanency.
VerDate Aug<31>2005
16:38 Nov 04, 2005
Jkt 208001
Dated: October 31, 2005.
Joan E. Ohl,
Commissioner, Administration on Children,
Youth and Families.
Attachment A: Outcomes and Measures
Developed for the Annual Report to
Congress on Child Welfare Outcomes
and the Outcomes and Items Assessed
by the Child and Family Services
Review
The outcomes and measures
presented in the report to Congress are
the following:
Child Welfare Outcome 1
Reduce Recurrence of Child Abuse and/
or Neglect
Measure 1.1: Of all children who were
victims of substantiated or indicated
child abuse and/or neglect during the
first 6 months of the reporting period,
what percentage had another
substantiated or indicated report within
a 6-month period?
Child Welfare Outcome 2
Reduce the Incidence of Child Abuse
and/or Neglect in Foster Care
Measure 2.1: Of all children who were
in foster care during the reporting
period, what percentage was the subject
of substantiated or indicated
maltreatment by a foster parent or
facility staff?
Child Welfare Outcome 3
Increase Permanency for Children in
Foster Care
Measure 3.1: For all children who
exited foster care, what percentage left
either to reunification, adoption, or legal
guardianship?
Measure 3.2: For children who exited
foster care and were identified as having
a diagnosed disability, what percentage
left either to reunification, adoption, or
legal guardianship?
Measure 3.3: For children who exited
foster care and were older than age 12
at the time of their most recent entry
into care, what percentage left either to
reunification, adoption, or legal
guardianship?
Measure 3.4: Of all children exiting
foster care to emancipation, what
percentage was age 12 or younger at the
time of entry into care?
Measure 3.5: For all children who
exited foster care, what percentage by
racial/ethnic category left either to
reunification, adoption, or legal
guardianship?
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67487
Child Welfare Outcome 4
Reduce Time in Foster Care to
Reunification Without Increasing
Re-entry
Measure 4.1: Of all children who were
reunified with their parents or
caretakers at the time of discharge from
foster care, what percentage was
reunified in the following time periods?
(1) Less than 12 months from the time
of latest removal from home
(2) At least 12 months, but less than
24 months
(3) At least 24 months, but less than
36 months
(4) At least 36 months, but less than
48 months
(5) 48 or more months
Measure 4.2: Of all children who
entered foster care during the reporting
period, what percentage re-entered care:
(1) Within 12 months of a prior foster
care episode?
(2) More than 12 months after a prior
foster care episode?
Child Welfare Outcome 5
Reduce Time in Foster Care to Adoption
Measure 5.1: Of all children who
exited foster care to a finalized
adoption, what percentage exited care in
the following time periods?
(1) Less than 12 months from the time
of latest removal from home
(2) At least 12 months, but less than
24 months
(3) At least 24 months, but less than
36 months
(4) At least 36 months, but less than
48 months
(5) 48 or more months
Child Welfare Outcome 6
Increase Placement Stability
Measure 6.1: Of all children served
who had been in foster care for the time
periods listed below, what percentage
had no more than two placement
settings during that time period?
(1) Less than 12 months from the time
of latest removal from home
(2) At least 12 months, but less than
24 months
(3) At least 24 months, but less than
36 months
(4) At least 36 months, but less than
48 months
(5) 48 or more months
Child Welfare Outcome 7
Reduce Placements of Young Children
in Group Homes or Institutions
Measure 7.1: For all children who
entered foster care during the reporting
period and were age 12 or younger at
the time of their most recent placement,
what percentage was placed in a group
home or an institution?
E:\FR\FM\07NON1.SGM
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67488
Federal Register / Vol. 70, No. 214 / Monday, November 7, 2005 / Notices
The outcomes and systemic factors
assessed through the Child and Family
Services Review are the following:
Child and Family Outcomes
Safety Outcome 1: Children are, first
and foremost, protected from abuse and
neglect.
Safety Outcome 2: Children are safely
maintained in their homes whenever
possible and appropriate.
Permanency Outcome 1: Children
have permanency and stability in their
living situations.
Permanency Outcome 2: The
continuity of family relationships and
connections is preserved for children.
Child and Family Well-being Outcome
1: Families have enhanced capacity to
provide for their children’s needs.
Child and Family Well-being Outcome
2: Children receive appropriate services
to meet their educational needs.
Child and Family Well-being Outcome
3: Children receive adequate services to
meet their physical and mental health
needs.
Systemic Factors
Statewide Information System
Case Review System
Quality Assurance System
Training (for child welfare agency staff
and foster and adoptive parents)
Service Array
Agency Responsiveness to the
Community
Foster and Adoptive Parent Licensing,
Recruitment, and Retention
Attachment B: Comparison of CFSR
Measures Used in Round 1, and
Proposed CFSR Data Composites for the
Next Round
CFSR SAFETY OUTCOME 1
Current CFSR data measures and standard associated with CFSR
Safety Outcome 1
Proposed composite to be associated with CFSR Safety Outcome 1
Recurrence of maltreatment: Measure and national standard: Of all
children who were victims of a substantiated or indicated child maltreatment report during the first 6 months, 6.1 percent of fewer were
victims of another substantiated or indicated report within a 6-month
period.
Safety Composite 1: Recurrence of maltreatment. A national standard
will be established from the data composite scores resulting from
States’ performance on the areas incorporated in the composite.
Some possible performance areas to be included in the composite
are:
• Performance area 1: Recurrence of substantiated or indicated maltreatment reports.
• Performance area 2: Multiple unsubstantiated maltreatment reports.
• Performance area 3: Timeliness of initiating investigations of child
maltreatment reports.
• Performance area 4: Timeliness of disposition of child maltreatment
reports.
Maltreatment of children in foster care: Measure and national standard—Of all children in foster care during the reporting year, 0.57 percent or less were the subject of a substantiated or indicated maltreatment by a foster parent or facility staff member.
See safety composite 2. (No data composite for maltreatment in foster
care is proposed for Safety Outcome 1. Instead, for the next CFSR
round, State data pertaining to maltreatment of children in foster care
will be addressed under CFSR Safety Outcome 2.)
CFSR SAFETY OUTCOME 2
Current CFSR data measures and standard associated with CFSR
Safety Outcome 2
Proposed composite to be associated with CFSR Safety Outcome 2
No data measure or national standard was associated with this Safety
Outcome in the first CFSR round.
Safety Composite 2: Maltreatment of children in foster care. The national standard will be established from the composite scores derived
from States’ performance on the areas included in the composite.
Some possible performance areas for inclusion are the following:
• Performance area 1: Maltreatment of children in foster care by a foster parent or facility staff member.
• Performance area 2: Maltreatment of children in foster care by their
parents.
CFSR PERMANENCY OUTCOME 1
Current CFSR data measures and standards associated with CFSR
Permanency Outcome 1
Timeliness of reunification measure and national standard: of all children exiting foster care to reunification, 76.2 percent or more exited
within 12 months of entry into foster care.
Re-entry into foster care measure and national standard: of all children
entering foster care, 8.6 percent or less were re-entering within 12
months of a prior episode.
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16:38 Nov 04, 2005
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Proposed composites to be associated with Permanency Outcome 1
Permanency Composite 1: Timeliness and permanency of reunification.
A national standard will be established from the data composite
scores resulting from States’ performance on the areas incorporated
in the composite. Some possible performance areas to be included
in the composite are:
• Performance area 1: Timeliness of reunifications of children exiting
foster care in a given fiscal year.
• Performance area 2: Timeliness of reunifications of children entering
foster care in a given fiscal year.
• Performance area 3: Permanency of reunifications.
Sfmt 4703
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Federal Register / Vol. 70, No. 214 / Monday, November 7, 2005 / Notices
67489
CFSR PERMANENCY OUTCOME 1—Continued
Current CFSR data measures and standards associated with CFSR
Permanency Outcome 1
Proposed composites to be associated with Permanency Outcome 1
Timeliness of adoption measure and national standard: of all children
exiting foster care to a finalized adoption, 32.0 percent or more
achieved a finalized adoption within 24 months of the time of entry
into foster care.
Permanency Composite 2: Timeliness of adoption. A national standard
will be established from the data composite scores resulting from
States’ performance on the areas incorporated in the composite.
Some possible performance areas to be included in the composite
are:
• Performance area 1: Timeliness of adoptions of children discharged
from foster care to a finalized adoption.
• Performance area 2: Timeliness of adoptions of children who are in
foster care for 17 months or longer at the start of a fiscal year.
• Performance area 3: Timeliness of adoptions of children for whom
parental rights had been terminated.
• Performance area 4: Timeliness of achieving termination of parental
rights for children who have been in foster care for 17 months or
more at the start of a fiscal year.
Placement stability measure and national standard: of all children in
foster care who have been in care for less than 12 months, 86.7 percent or more had no more than 2 placement settings.
Permanency Composite 3: Placement stability. A national standard will
be established from the data composite scores resulting from States’
performance on the area incorporated in the composite. Some possible performance areas to be included in the composite are:
• Performance area 1: Stability of children’s placement experience
during the first year in foster care.
• Performance area 2: Stability of children’s placement experience for
children in foster care for longer than 12 months.
No national standard measure. Information captured in the case review
instrument.
Permanency Composite 4: Achieving Permanency for Children in Foster Care. A national standard will be established from the data composite scores resulting from States’ performance on the areas incorporated in the composite. Some possible performance areas to be
included in the composite are:
• Performance area 1: The extent to which children are growing up in
foster care.
• Performance area 2: Timeliness of establishing permanency goals.
• Performance area 3: The extent to which children with TPR exit foster care to a permanent family.
[FR Doc. 05–22095 Filed 11–4–05; 8:45 am]
BILLING CODE 4184–01–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
[Docket No. 2005G–0367]
Guidance for Industry and Food and
Drug Administration Staff; Class II
Special Controls Guidance Document:
Low Energy Ultrasound Wound
Cleaner; Availability
AGENCY:
Food and Drug Administration,
HHS.
ACTION:
SUMMARY: The Food and Drug
Administration (FDA) is announcing the
availability of the guidance entitled
‘‘Class II Special Controls Guidance
Document: Low Energy Ultrasound
Wound Cleaner.’’ This guidance
document has been developed as a
special control guidance document to
support the classification of the low
energy ultrasound wound cleaner into
class II (special controls). The device is
16:38 Nov 04, 2005
Submit written or electronic
comments on this guidance at any time.
General comments on agency guidance
documents are welcome at any time.
DATES:
Notice.
VerDate Aug<31>2005
intended for the cleaning and
maintenance debridement of wounds.
This guidance document describes a
means by which the low energy
ultrasound wound cleaner may comply
with the requirement of special controls
for class II devices. Elsewhere in this
issue of the Federal Register, FDA is
publishing a final rule to classify the
low energy ultrasound wound cleaner
into class II (special controls). The
guidance document is immediately in
effect as the special control for the low
energy ultrasound wound cleaner, but it
remains subject to comment in
accordance with the agency’s good
guidance practices (GGPs).
Jkt 208001
Submit written requests for
single copies on a 3.5″ diskette of the
guidance document entitled ‘‘Class II
Special Controls Guidance Document:
Low Energy Ultrasound Wound
Cleaner’’ to the Division of Small
Manufacturers, International, and
Consumer Assistance (HFZ–220), Center
for Devices and Radiological Health,
ADDRESSES:
PO 00000
Frm 00080
Fmt 4703
Sfmt 4703
Food and Drug Administration, 1350
Piccard Dr., Rockville, MD 20850. Send
one self-addressed adhesive label to
assist that office in processing your
request, or fax your request to 301–443–
8818. See the SUPPLEMENTARY
INFORMATION section for information on
electronic access to the guidance.
Submit written comments concerning
this guidance to the Division of Dockets
Management (HFA–305), Food and Drug
Administration, 5630 Fishers Lane,
rm.1061, Rockville, MD 20852. Submit
electronic comments to https://
www.fda.gov/dockets/ecomments.
Identify comments with the docket
number found in brackets in the
heading of this document.
FOR FURTHER INFORMATION CONTACT:
David B. Berkowitz, Center for Devices
and Radiological Health (HFZ–410),
Food and Drug Administration, 9200
Corporate Blvd., Rockville, MD 20850,
301–594–3090, ext. 152.
SUPPLEMENTARY INFORMATION:
I. Background
The guidance document ‘‘Class II
Special Controls Guidance Document:
Low Energy Ultrasound Wound
Cleaner’’ has been developed as a
E:\FR\FM\07NON1.SGM
07NON1
Agencies
[Federal Register Volume 70, Number 214 (Monday, November 7, 2005)]
[Notices]
[Pages 67479-67489]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-22095]
[[Page 67479]]
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Administration for Children and Families
Invitation To Comment on Proposed Data Composites and Potential
Performance Areas and Measures for the Child and Family Services Review
AGENCY: Children's Bureau (CB), Administration on Children, Youth and
Families (ACYF), Administration for Children and Families (ACF),
Department of Health and Human Services.
ACTION: Invitation to comment on proposed data composites and potential
performance areas and measures for the Federal Child and Family
Services Review (CFSR).
-----------------------------------------------------------------------
SUMMARY: This notice is to advise the public of ACF's plan to replace
the six national data measures used for the CFSR with six data
composites addressing the child welfare domains of maltreatment
recurrence, maltreatment in foster care, timeliness of adoptions,
timeliness of reunifications, placement stability, and permanency for
children. The plan to develop data composites is a response to a
recommendation made by a consultant under contract with ACF to study
the CFSR process. The recommendation is based on input from a CFSR
workgroup convened by the consultant at the end of the first round of
CFSRs to assist in identifying areas needing improvement.
ACF expects that each data composite will incorporate multiple
performance areas and measures relevant to a specific domain. ACF plans
to use State performance on the data composites as part of its
evaluation of a State's substantial conformity with specific outcomes
assessed through the CFSR. National standards will be developed for
each of the domains represented by the six data composites.
ACF's plan to replace existing measures with data composites is
consistent with the final CFSR regulation at 45 CFR 1355.34(b)(4) and
(5), which authorizes the Secretary of HHS to add, amend, or suspend
any of the statewide data indicators when appropriate, and to adjust
the national standards when appropriate. The proposed plan also
complies with the requirements of section 1123A of the Social Security
Act (the Act) for ACF to assess State child welfare agencies'
compliance with titles IV-B and IV-E of the Act as implemented in 45
CFR 1355.31 through 1355.37.
We invite the public to comment on the data composites, performance
areas, and measures proposed in this announcement.
DATES: Written comments must be submitted to the office listed in the
address section below either by mail or e-mail on or before (30 days).
ADDRESSES: Mail Address: Children's Bureau, 370 L'Enfant Promenade SW.,
Washington, DC 20447. E-mail address: cfsrmeasures@acf.hhs.gov.
FOR FURTHER INFORMATION CONTACT: John Hargrove, 202-205-8634.
SUPPLEMENTARY INFORMATION:
CFSR and Existing Outcome Measures
The CFSR is ACF's results-oriented comprehensive monitoring system
designed to promote continuous improvement in the outcomes experienced
by children and families who come into contact with State public child
welfare agencies. ACF developed the CFSR in response to a mandate in
the Social Security Amendments of 1994 (see section 1123A of the Social
Security Act) for the Department of Health and Human Services to
promulgate regulations for reviews of State child and family services
programs under titles IV-B and IV-E of the Social Security Act. ACF's
final regulations on the CFSR process, issued in 2000, can be found at
45 CFR 1355.31 through 1355.37. Between fiscal years (FY) 2001 and
2004, ACF conducted a CFSR of every State, the District of Columbia,
and Puerto Rico.
The CFSR assesses State performance on seven outcomes, seven
systemic factors, and six national data measures that ACF adapted from
measures originally developed for the Report to Congress on Child
Welfare Outcomes (see attachment A for the report to Congress measures
and the CFSR Outcomes). Data for the six national data measures come
from the Adoption and Foster Care Analysis and Reporting System
(AFCARS) and the National Child Abuse and Neglect Data System (NCANDS).
AFCARS is a federally mandated data system established for the
collection of foster care and adoption data. NCANDS is a voluntary data
collection system that is the primary source of national information on
abused and neglected children who are known to State agencies providing
child protective services.
ACF established national standards for each of the six data
measures and used the standards as part of the assessment of a State's
substantial conformity with particular outcomes. ACF described these
six data measures in the preamble to the final CFSR regulation,
published in the Federal Register (65 FR 4024-4025). This same citation
provides information on how ACF calculated the national standards
associated with each of the six data measures. Subsequently, ACF issued
information memoranda on the specific national standards that would be
used in the initial CFSR implementation (see ACYF-CB-IM-00-11 and ACYF-
CB-IM-01-07).
The following performance measures and national standards were used
during the first round of CFSRs as part of the assessment of a State's
substantial conformity with CFSR Safety Outcome 1--Children are, first
and foremost, protected from abuse and neglect:
Repeat maltreatment--Of all children who were victims of
substantiated or indicated child abuse and/or neglect during the first
6 months of the reporting period, 6.1 percent or less had another
substantiated or indicated report within a 6-month period.
Maltreatment of children in foster care--Of all children
who were in foster care during the reporting period, 0.57 percent or
less were the subject of substantiated or indicated maltreatment by a
foster parent or facility staff member.
The following performance measures and national standards were used
as part of the assessment of a State's substantial conformity with CFSR
Permanency Outcome 1--Children will have permanency and stability in
their living situations:
Timeliness of reunification--Of all children who were
reunified with their parents or caretakers at the time of discharge
from foster care, 76.2 percent or more were reunified in less than 12
months from the time of the latest removal from home.
Re-entry into foster care--Of all children who entered
foster care during the reporting period, 8.6 percent or less were re-
entering foster care within 12 months of a prior foster care episode.
Timeliness to adoption--Of all children who exited foster
care to a finalized adoption, 32 percent or more exited foster care in
less than 24 months from the time of the latest removal from home.
Placement stability--Of all children who have been in
foster care for less than 12 months from the time of the latest removal
from home, 86.7 percent or more have had no more than 2 placement
settings.
Recommendation To Develop Data Composites
ACF views the CFSR as a dynamic process and has made ongoing
improvements in the process in response to lessons learned in the field
[[Page 67480]]
and to recommendations from State child welfare agency administrators.
After completion of the first round of CFSRs in FY 2004, ACF contracted
with a consultant to study the CFSR and make further recommendations
regarding strategies for improvement. To assist them in this task, the
consultant convened a CFSR workgroup of State child welfare agency
administrators and child welfare researchers and, based on input from
this workgroup, produced a set of recommendations for ACF. One
recommendation was to replace the existing CFSR single data measures
for which national standards were established with data composites that
incorporate a wider range of performance areas relevant to a particular
child welfare domain. ACF proposes to implement this recommendation for
the following reasons:
The recommendation is consistent with our observations
during the first round of the CFSR that expanding the scope of data
pertaining to a particular child welfare domain will provide a more
effective assessment of State performance. For example, expanding the
scope of data pertaining to the timeliness of reunification will
address various performance areas relevant to this domain, including
the permanency of the reunification.
Data composites will provide a more holistic view of State
performance in a particular domain than a single data measure can
achieve. For example, the current CFSR measure of timeliness of
adoption considers the percentage of children adopted within 24 months
of entering foster care, but not children's experiences with regard to
the timeframes between key points in the adoption process, such as the
time from termination of parental rights (TPR) to a finalized adoption.
Data composites will ensure that the data component of a
State's performance with regard to a particular domain will not depend
on one measure. For example, a State's performance regarding the data
composite for the domain of timeliness to adoption may be uneven, with
performance higher in one area than in another. However, overall
performance on the composite may be high relative to other States.
Thus, the data composite will account for both the strengths and
weaknesses that a State exhibits within a particular domain.
Data composites will allow the development of national
standards that account for variation in State practices and policies.
For example, there are differences in State policies and practices
regarding reunification. In some States, children are physically
reunified with families several months before legal custody is
transferred to parents or guardians. States indicate that this practice
allows them to ensure that the families receive the services and
monitoring necessary to support the reunification process. In contrast,
in other States, legal custody and physical custody are transferred
simultaneously. Using data composites for the domain of timeliness of
reunification will enhance ACF's ability to account for these
variations in practice.
Data composites are being successfully used by the Federal
government to assess other programs. For example, composite measures
are being developed and used for the No Child Left Behind initiative.
In addition, composite measures have been used to evaluate the
performance of hospitals in various health-related domains.
Although the methodology for calculating the scores for the data
composites has not been finalized, the following describes the approach
that is under consideration:
Possible composite methodology: Six data composites are under
consideration (these are described in the section below), with each
composite pertaining to a different domain of child welfare practice
(i.e., recurrence of maltreatment, maltreatment of children in foster
care, timeliness of reunifications, timeliness of adoptions, placement
stability, and achieving permanency). It is expected that each
composite will incorporate two or more performance areas, with a
specific measure developed for each performance area. The final
performance areas to be included in each data composite will depend
upon the following: (1) Input from the field in response to this
announcement, and (2) the results of principle components analyses
regarding the viability of inclusion of specific performance areas in a
particular domain. The principle components analyses also will permit a
determination of the relative contribution of each performance area to
the overall domain represented by the data composite. Once the
performance areas and measures are identified, a score will be
calculated for each State for each data composite based on the
appropriate weighting (as determined from the analyses) of a State's
performance in each of the performance areas.
For each data composite, ACF is considering using the distribution
of scores across States to establish a national standard (the
methodology to be used to set the standard has not yet been
determined). This will result in six separate standards, one for each
domain. Because the primary purpose of a data composite is to capture
overall performance in a particular domain, ACF will not establish a
national standard for the individual performance areas incorporated in
the composites. Therefore, States will not be expected to meet a
standard for any individual performance area but to achieve an overall
performance level in a particular domain related to safety or
permanency. However, ACF will provide States with information regarding
each performance area with regard to the mean, median, and range of
scores across States to enable a State to identify the performance
areas within a composite where improvements may be needed.
ACF proposes to use the national standards developed for the data
composites as part of the assessment of State performance in the second
round of CFSRs. These will be used in conjunction with findings from
the CFSR onsite case reviews in the overall determination of a State's
substantial conformity with specific outcomes.
Proposed Data Composites and Performance Areas
A table providing a comparison of the existing CFSR data measures
and the proposed data composites and performance areas is provided in
attachment B. Additional information regarding the data composites and
performance areas is presented below. The criteria for selection of
measures for each performance area are the following: (1) They must be
measurable using data available from AFCARS and NCANDS, and (2) they
must be measurable within the CFSR timeframes for assessing State
improvement in performance.
CFSR Safety Outcome 1: Children are First and Foremost Protected From
Abuse and Neglect
Safety Composite 1: Recurrence of Maltreatment
Performance on Safety Composite 1--Recurrence of maltreatment--will
be part of the assessment of a State's substantial conformity with CFSR
Safety Outcome 1--Children are, first and foremost, protected from
abuse and neglect. Safety Composite 1 reflects the responsibility of a
State child welfare system to ensure the ongoing safety of children who
come into contact with the system through a maltreatment allegation.
The following performance areas are under consideration for this
data composite:
Recurrence of substantiated or indicated maltreatment
reports.
[[Page 67481]]
Multiple unsubstantiated maltreatment reports.
Timeliness of initiating investigations of child
maltreatment reports.
Timeliness of dispositions of maltreatment reports.
Safety Composite 1--Performance Area 1: Recurrence of Substantiated or
Indicated Maltreatment Reports
Justification for inclusion: This performance area provides an
assessment of a child welfare agency's effectiveness in responding to
the safety of children who are found to be victims of abuse or
neglect.\1\ It addresses the question of whether the agency took the
necessary actions to ensure that the children do not experience abuse
or neglect again.
---------------------------------------------------------------------------
\1\ InChild Maltreatment 2003, a child victim is defined as a
child for whom an incident of abuse or neglect has been
substantiated or indicated by an investigation or assessment.
---------------------------------------------------------------------------
Possible measure: Of all children who were victims of substantiated
or indicated child abuse and/or neglect during the first 6 months of
the reporting period, what percentage had another substantiated or
indicated report within a 6-month period? This is the measure that was
used during the first round of CFSRs to assess maltreatment recurrence.
Relevant issues: This measure focuses on recurrence within a 6-
month period because it is not possible to link children reported to
the NCANDS Child File across years. In support of the measure, research
findings suggest that the incidence of occurrence of a substantiated
maltreatment report within 12 months of a prior substantiated report is
not significantly greater than the incidence of recurrence within 6
months.\2\
---------------------------------------------------------------------------
\2\ Fluke, J. et al. (1999). Recurrence of maltreatment: An
application of the National Child Abuse and Neglect Data System.
Child Abuse and Neglect, 23 (7), 633-650. DePanfilis, D., and
Zuravin, S. (1998). Rates, patterns, and frequency of child
maltreatment recurrences among families known to CPS. Child
Maltreatment, 3 (1), 27-42.
---------------------------------------------------------------------------
Some CFSR workgroup participants recommended that the CFSR include
measures designed to identify the types of maltreatment that recur and
the characteristics (such as age and race/ethnicity) of children who
are the victims of maltreatment recurrence. ACF determined that,
although these measures address important research questions about
maltreatment recurrence and are appropriate for a research initiative,
they are beyond the scope of the CFSR, which is intended to provide a
general assessment of State performance in particular domains. However,
ACF encourages States to examine their own data to identify the factors
associated with maltreatment recurrence.
Safety Composite 1--Performance Area 2: Multiple Unsubstantiated
Maltreatment Reports
Justification for inclusion: ACF is seeking input from the field
regarding the feasibility of capturing as part of Safety Composite 1
the child safety issues relevant to multiple ``unsubstantiated''
maltreatment reports. (The term ``unsubstantiated report'' does not
include maltreatment allegations that are not accepted for
investigation [i.e., are ``screened out], those that are investigated
and found to be ``intentionally false,'' or those that are ``closed
without a finding.\3\'') Research findings indicate the following: (1)
Children who are the subject of unsubstantiated maltreatment reports
are highly likely to have experienced abuse or neglect, (2) there is
extensive variation across States regarding the criteria used to make a
substantiation determination, and (3) the decision as to whether a
maltreatment report is substantiated or unsubstantiated often is not
based on consistent criteria even within a State.\4\ In addition, a
recent finding of the federally funded study entitled Longitudinal
Studies of Child Abuse and Neglect, found no differences in the
behavioral and developmental outcomes of 8-year-old children with
unsubstantiated and substantiated maltreatment reports filed when the
children were between the ages of 4 and 8.\5\
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\3\ The major NCANDS disposition categories are defined in Child
Maltreatment, 2002, U.S. Department of Health and Human Services,
Administration on Children, Youth and Families.
\4\ Drake, B. (1996). Unraveling ``unsubstantiated.'' Child
Maltreatment, 1 (3), 261-271. English et al. (2002). Causes and
consequences of the substantiation decision in Washington State
Child Protective Services. Children and Youth Services Review, 24
(11), 817-851. Leiter et al. (1994). Substantiated and
unsubstantiated cases of child maltreatment: Do their consequences
differ? Social Work Research, 18 (2), 67-82.
\5\ Hussey, J. et al. (2005). Defining maltreatment according to
substantiation: Distinction without a difference? Presentation at
the 15th National Conference on Child Abuse and Neglect, Boston, MA:
April, 2005.
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Possible measure: ACF welcomes comments from the field regarding
possible measures for this performance area. Although research findings
suggest that a child who is the subject of multiple unsubstantiated
maltreatment reports is likely to be experiencing maltreatment
recurrence, ACF is concerned that a measure developed for this
performance area may result in unintended consequences. For example,
States that have a practice of monitoring families in which a child is
the subject of an unsubstantiated report or of providing services to
these families may be discouraged from implementing these practices if
the ongoing surveillance of the family increases the likelihood that a
subsequent maltreatment allegation (either substantiated or
unsubstantiated) may occur. ACF also wants to ensure that the measure
will, for the most part, exclude maltreatment allegations that are
without merit.
Relevant issues: Although several participants in the CFSR
workgroup recommended that a measure of recurrence of unsubstantiated
reports should be incorporated into the CFSR safety assessment, a few
were not in accord with this recommendation. Those that were opposed to
the recommendation expressed the concerns identified above.
Safety Outcome 1--Performance Area 3: Timeliness of Initiating
Investigations of Child Maltreatment Reports
Justification for inclusion: NCANDS defines the initial
investigation as beginning when the child protective services (CPS)
agency has face-to-face contact with, or attempts to have face-to-face
contact with, the alleged victim. If face-to-face contact with the
alleged victim is not possible, the initial investigation is considered
as beginning when CPS first contacts any party who can provide
information essential to the investigation or assessment. ACF's
proposal to include timeliness of initiating investigations as a
performance area for Safety Composite 1 is based on the following
assumptions:
The continued risk of harm to a child who is the subject
of a maltreatment report is best assessed through face-to-face contact
with the child, and
Protection of the child is enhanced when this face-to-face
contact occurs quickly after a maltreatment report is received by the
agency.
Possible measures: Two measures of this performance area are under
consideration and are provided for review and comment.
During the reporting year, of all children who were the
subject of an investigation conducted in response to a report alleging
maltreatment, what was the mean (or median) length of time between
receipt of the report and the initiation of the investigation?
During the reporting year, of all children who were the
subject of an investigation conducted in response to a report alleging
maltreatment, what percent had investigations that were initiated in
the following timeframes:
[[Page 67482]]
Within 1 day (24 hours)?--This timeframe is conceptualized as a
``timely response.''
After 7 days?--This timeframe is conceptualized as one that did not
adequately address the safety of the child.
Relevant issues: Because ACF believes that the ongoing risk of harm
to a child is most effectively assessed through face-to-face contact
with the child and family, and that this contact should take place
quickly after a report is received, the proposed measures do not
address variation across States with regard to required timeframes for
responding to a maltreatment report, which range from a few hours to a
few weeks (with a few States having no time requirements). The measures
also do not take into account the ``priority'' systems established by
many States that result in assigning different timeframes to different
reports based on perceived risk of harm to the child. These timeframes
also range from a few hours to a few weeks.
Some States have established an ``alternative response'' (also
called a differential response) to maltreatment reports. Under this
approach, a maltreatment report may be referred for an assessment of
the family rather than for an investigation to determine whether child
maltreatment did or did not occur. Usually, reports are referred for an
assessment when a CPS agency determines that the risk of harm to the
child is low. ACF has not yet decided whether the timeliness of
initiating alternative response assessments will be included in the
proposed measure. A concern is that not all States that implement an
alternative response approach report these activities to the NCANDS
Child File. ACF welcomes comment and suggestions from the field
regarding this issue.
Safety Composite 1--Performance Area 4: Timeliness of Dispositions of
Child Maltreatment Reports
Justification for inclusion: This performance area is included in
Safety Composite 1 for the following reasons.
Until an investigation is completed and the risk of harm
to a child is fully assessed, States may not be in a position to
identify the needs of the child and family accurately and to match
services to the needs. This could affect the possibility of future
maltreatment.
When a disposition is not made in a timely manner and the
agency receives a subsequent report of alleged maltreatment of the
child, the lack of a disposition may affect the agency's ability to
accurately evaluate the subsequent report since it may not have full
information pertaining to the earlier investigation.
It is not until the disposition that an agency's plan is
sanctioned by the court. The court sanctioning ensures that the agency
and the parents are aware that they are required to carry out the
actions detailed in the plan.
Possible measures: The following two measures are under
consideration.
During the reporting year, of all children who were the
subject of investigations conducted in response to reports alleging
maltreatment, what was the mean (or median) length of time between
receipt of the report and the disposition?
During the reporting year, of all children who were the
subject of investigations conducted in response to maltreatment
reports, what percent had investigations that reached a disposition in
various timeframes (e.g., 60 days from the time of receipt of the
report, between 60 and 90 days, longer than 90 days).
ACF welcomes comments on the decision to begin the ``disposition
timeframe'' with the receipt of the maltreatment report rather than
with the initiation of the investigation.
Relevant issues: The proposed measures do not include information
pertaining to assessments made as a result of an alternative response.
Many States that implement an alternative response do not reach a
disposition in these situations, even when the decision is made to open
a case for services. Although the NCANDS Child File includes
disposition categories of ``Alternative Response Victim'' and
``Alternative Response Nonvictim,'' only three States report
Alternative Response Victims, and only nine report Alternative Response
Nonvictims.
CFSR Safety Outcome 2: Children Are Safely Maintained in Their Homes
Whenever Possible and Approrpriate
Safety Composite 2: Maltreatment of Children in Foster Care
Performance on Safety Composite 2 will be part of the assessment of
a State's substantial conformity with CFSR Safety Outcome 2--Children
are safely maintained in their own homes whenever possible and
appropriate. Although the wording of CFSR Safety Outcome 2 specifies
the safety of children maintained in their own homes, the outcome also
applies to maintaining children safely while they are in the ``homes''
in which they are placed by the child welfare agency, including
licensed foster family homes, relative homes, group homes, or
institutions. The composite reflects the primary responsibility of a
child welfare system to ensure that children are not victims of
maltreatment while they are under the care and placement responsibility
of the State.
The following two performance areas are under consideration for
this composite:
Maltreatment of children in foster care by a foster parent
or facility staff member.
Maltreatment of children in foster care by their parents.
Safety Composite 2--Performance Area 1: Maltreatment of Children in
Foster Care by a Foster Parent or Facility Staff Member
Justification for inclusion: ACF, and the public in general, expect
State child welfare agencies to ensure that State-appointed caregivers
of children in foster care do not abuse or neglect the children placed
in their care.
Possible measure: Of all children who were in foster care during
the reporting period, what percent was the subject of substantiated or
indicated maltreatment by a foster parent or facility staff member?
Relevant issues: This measure was used to assess maltreatment of
children in foster care during the first round of CFSRs. Some concern
was expressed by the field that the measure inadvertently includes
children who were maltreated by foster care providers or facility staff
members but who were not in foster care with the State child welfare
system at the time of the maltreatment (i.e., the children were in
another system or they were in private foster or facility care). A
recent requirement that all children in an NCANDS Child File have an
AFCARS identification number will permit an identification of these
children so that they can be excluded from the measure.
Some CFSR workgroup participants recommended that there be separate
measures for maltreatment of children in foster care by a foster
parents and maltreatment by a facility staff member. However, a review
of the data found that the incidence of maltreatment by these
``perpetrator types'' taken separately is too small to constitute
meaningful measures.
Some CFSR workgroup participants also recommended that ACF develop
a measure that identifies the extent of maltreatment of children who
are placed by the State with relatives as foster caregivers, including
relatives who are licensed foster parents and relatives who are not
licensed foster parents. At present, the NCANDS Child File does not
allow for this level of detail regarding relative perpetrators.
[[Page 67483]]
Although a relative may be identified in NCANDS as a perpetrator, it is
not possible to determine whether the relative also was the child's
State-appointed caretaker. Similarly, a licensed foster parent may be
identified as the perpetrator, but it is not possible to determine
whether the licensed foster parent also is a relative.
Safety Outcome 2--Performance Area 2: Maltreatment of Children in
Foster Care by Their Parents
Justification for inclusion: State child welfare agencies are
responsible for ensuring that any safety concerns regarding parental
contacts with a child in foster care are appropriately addressed. An
analysis of NCANDS Child File data using matching AFCARS identification
numbers found that in FY 2003, a substantial number of children who
were the victims of maltreatment by a parent were in foster care for at
least 30 days before the date of the maltreatment report. In most
States, the number of these children was considerably larger than the
number of children who were victims of maltreatment by foster parents
or facility staff.
Possible measure: Of all children who were in foster care for
longer than 30 days during the reporting year, what percent were the
subject of a substantiated or indicated maltreatment report in which
the perpetrator was the parent and the report was received after the
child had been in foster care for at least 30 days?
Relevant issues: The proposed measure uses the maltreatment report
date as a ``proxy'' for the date of the maltreatment itself. Because
children entering foster care sometimes report maltreatment events that
occurred prior to entry, the measure excludes maltreatment reports
involving parent perpetrators that were received during the first 30
days that the child was in foster care. The 30-day ``exclusion'' is
based on analysis of NCANDS data demonstrating a substantial decline in
the number of children in foster care reported as being maltreated by a
parent after the first 7 days the child is in foster care, a more
moderate decline in this number from 8 to 30 days after entry into
foster care, and then a leveling off after 30 days.
Although the most recent version of the NCANDS Child File includes
a data element pertaining to the date of the maltreatment incident,
States are not yet consistently reporting this new data element. When
States report information pertaining to the maltreatment incident date
in a consistent manner, the measure of maltreatment of children in
foster care by their parents can be revised to incorporate the incident
date and it will no longer be necessary to incorporate a 30-day
exclusion.
CFSR Permanency Outcome 1: Children Have Permanency and Stability in
Their Living Situations
Permanency Composite 1: Timeliness and Permanency of Reunifications
Performance on Permanency Composite 1 will be part of the
determination of a State's substantial conformity with CFSR Permanency
Outcome 1--Children will have permanency and stability in their living
situations. The composite addresses State child welfare system's
performance with regard to promoting a safe, timely, and permanent
family reunification by assisting families to resolve the problems that
resulted in the children being removed from the home. The performance
areas under consideration for the composite are the following:
Timeliness of reunifications of children exiting foster
care in a given fiscal year.
Timeliness of reunifications of children entering foster
care in a given fiscal year.
Permanency of reunifications.
Permanency Composite 1--Performance Area 1: Timeliness of
Reunifications of Children Exiting Foster Care
Justification for inclusion: Exits from foster care represent the
outcomes experienced by children in foster care, and exits to
reunification reflect an agency's success with regard to its function
of promoting the reintegration of the family. A primary goal of ACF and
the Adoption and Safe Families Act of 1997 (ASFA) is to ensure that
children do not remain in foster care any longer than is necessary to
achieve permanency. Information about the timeliness of children
exiting foster care to reunification provides a basis for assessing
State performance in achieving this goal.
Possible measures: A number of measures are under consideration for
this performance area, with each addressing a particular variation in
State practices and policies pertaining to reunification. For each
measure, we are proposing two possible approaches to assessing
timeliness to reunification. One approach that was used in the first
round of the CFSR reflects an expectation that 12 months is a
sufficient amount of time to bring about a reunification for most
children. The second approach examines timeliness to reunification as a
function of a State's median length of stay in foster care for all
children exiting foster care to reunification, with the expectation
that the distribution of these median across States would be used to
set a performance expectation. Both approaches are included in each of
the following measures and ACF welcomes input from the field regarding
these approaches.
During the reporting year, of all children reunified with
their parents or caretakers at the time of discharge from foster care,
(1) what percent were reunified in less than 12 months from the time of
the latest removal from home? OR, (2) what was the median length of
stay in foster care (in months) of all children exiting to
reunification? A frequent criticism of this measure is that it does not
account for variations in State practices and policies that impact the
time between entry into foster care and exit to reunification. The
following measures are designed to address these concerns.
During the reporting year, of all children reunified with
their parents or caretakers at the time of discharge from foster care
who were in foster care for more than 7 days (at least 8 days), (1)
what percent were reunified in less than 12 months from the time of the
latest removal from home? OR, (2) what was the median length of stay in
foster care (in months) for these children? This measure is intended to
address variations among States with regard to the practice of removing
a child from his or her home at the onset of a maltreatment
investigation until an initial court hearing is held to determine
whether the child should be returned home or remain in foster care.
During the reporting year, of all children reunified with
their parents or caretakers at the time of discharge from foster care
who were in foster care for more than 30 days (at least 31 days), (1)
what percent were reunified in less than 12 months from the time of the
latest removal from home? OR (2) what was the median length of stay in
foster care (in months) for these children? This measure addresses
another type of variation among States. Some States tend to remove a
child from his or her home while providing very short-term services to
the family in response to a family crisis. In contrast, other States,
in a similar situation, tend to provide services to resolve the crisis
while the child remains in the home, if it is safe to do so. This
measure is designed to assess timeliness of reunifications for children
and families who may need more than very short-term services to resolve
the issues leading to removal.
[[Page 67484]]
An analyses of the data found that when performance on this measure is
compared to performance on the existing CFSR measure of reunification,
five States drop out of the top quartile with regard to the percent of
reunifications occurring within 12 months of a child's entry into
foster care.
During the reporting year, of all children reunified with
their parents or caretakers at the time of discharge from foster care,
(1) what percent either were reunified in less than 12 months from the
time of the latest removal from home or were placed in a trial home
visit within 11 months of removal and whose last placement setting
prior to discharge was a Trial Home Visit, OR (2) what was the median
length of stay in foster care (in months) of children exiting to
reunification or of children whose placement was a Trial Home Visit at
least 30 days prior to reunification. Under the AFCARS definitions, a
child can be reported as discharged from foster care to reunification
only after the court discharges the agency's responsibility for the
child (or 6 months after the child's return in certain circumstances).
However, some States maintain placement and care responsibility of
children for a period of time after physical reunification, usually
ranging from 3 to 6 months, in order to provide services and ongoing
monitoring. ACF has instructed States to report these children to
AFCARS as being in a Trial Home Visit placement setting. This measure
is designed to assess timeliness to reunification in a manner that
accounts for this difference in State practice. An analysis of the data
found that when this measure was used to assess timeliness to
reunifications, 13 States exhibited substantial improvements in
performance, while no State exhibited a decline in performance.
Relevant issues: Although the measures are presented separately for
review and comment, ACF is considering the possibility of combining
some of the variables of concern into one measure. For example, the
measure incorporating children in a trial home visit also could include
a requirement that the child be in foster care for more than 30 days.
Permanency Composite 1--Performance Area 2: Timeliness of
Reunifications for Children Entering Foster Care in a Given Fiscal Year
Justification for inclusion: Assessment of the timeliness of
reunifications of children who enter foster care in a given timeframe
(i.e., an entry cohort) will allow ACF to capture the success of
recently implemented State efforts to reunify children in a timely
manner.
Possible measures: Two measures are under consideration. Neither
one include an approach involving the assessment of median length of
stay in foster care because it may be several years before all, or even
a substantial percentage, of the children in a particular cohort will
have exited foster care.
Of all children entering foster care for the first time in
the first 6 months of the reporting year, what percent exited foster
care to reunification within 12 months of entry into foster care?
Of all children entering foster care for the first time in
the first 6 months of the reporting year, what percent exited foster
care to reunification after having been in foster care for at least 30
days but less than 12 months?
Relevant issues: ACF believes that the assessment of timeliness to
reunification of children entering foster care in a given year is an
important component of assessing State performance in this domain.
However, because not all children in a given entry cohort are destined
to be reunified with their families, the denominator for the entry
cohort measure often includes children for whom reunification is not
the outcome. Because the percentage of those children will vary across
States and over time, the measure must be interpreted with caution and
should be used in conjunction with an assessment of timeliness to
reunification of an exit cohort.
Permanency Composite 1--Performance Area 3: Permanency of
Reunifications
Justification for inclusion: The permanency of reunifications may
be assessed by the extent of a State's re-entries into foster care. A
reunification, even if it occurs in a timely manner, cannot be
considered as ``permanent'' if the child re-enters foster care within a
12-month period after the reunification. A consistent finding over the
years, as reported in the Report to Congress on Child Welfare Outcomes,
is that States with a relatively high percentage of children reunified
within 12 months also tend to have a relatively high percentage of
children re-entering foster care within 12 months of a prior episode,
although this is not the case for all States.
Possible measure: Of all children who exit foster care to
reunification (including living with a relative) in a fiscal year, what
percent re-enter foster care within 12 months of the time of exit?
Relevant issues: This measure is a revision of the one used to
assess foster care re-entry during the first round of the CFSR. At the
time the original measure was developed, it was not feasible through
AFCARS to consistently and reliably link children across years for
every State. Consequently the existing re-entry measure focused on the
percentage of children entering foster care who were reported to be re-
entering foster care and whose re-entry occurred within 12 months of a
prior episode. Because it is now possible to link children across years
in AFCARS and to capture children re-entering foster care by an AFCARS
identification number, the measure has been changed to one that is
conceptually more meaningful.
Permanency Composite 2: Timeliness of Adoptions
Performance on Permanency Composite 2 will be a part of the
determination of a State's substantial conformity with CFSR Permanency
Outcome 1--Children will have permanency and stability in their living
situations. The composite reflects ACF's emphasis on promoting timely
adoptions for those children in foster care who cannot be reunified
with their families. The composite also reflects the requirement of
ASFA that States pursue TPR for children who have been in foster care
for 15 of the most recent 22 months, unless the child is placed with
relatives, the State agency has not provided necessary services, or
there are documented compelling reasons for not seeking TPR.
The following performance areas are under consideration for
Permanency Composite 2:
Timeliness of finalized adoptions of children discharged
from foster care.
Timeliness of finalized adoptions of children who are in
foster care for 17 months or more at the start of a fiscal year.
Timeliness of finalized adoptions of children for whom a
TPR has been granted.
Timeliness of achieving TPR for children who have been in
foster care for 17 months or more at the start of a fiscal year.
Although CFSR workgroup participants recommended that ACF assess
timeliness to adoption using an entry cohort (i.e., children who enter
foster care in a particular time period), the results of our analyses
indicated that an entry cohort approach to assessing the timeliness of
adoptions is not feasible for the CFSR. The key results were the
following:
An extensive timeframe was required to a cohort of
children from entry into foster care to a finalized
[[Page 67485]]
adoption and the timeframe is not consistent with the CFSR timeframes.
For example, in following a cohort of children entering foster care in
FY 2001, meaningful data pertaining to adoptions did not emerge until 3
years after the entry year.
Because not all children entering foster care will be
adopted, and because the number of children waiting to be adopted
changes each year, it is not possible to establish a stable denominator
for a cohort measure. In following the FY 2001 cohort, we found that
the denominator for the measure of timeliness to adoption kept changing
on an ongoing basis as children in the original cohort were reunified
or exited foster care for other reasons.
Some researchers in the field using an entry cohort to assess a
State's performance with regard to the timeliness of adoptions have
addressed the problems noted above by employing statistical methods to
estimate the ``likelihood'' of children who enter foster care in a
given year being adopted within particular timeframes. ACF determined
that because the CFSR is a monitoring system and not a research
initiative, the use of estimates is not appropriate. A monitoring
system, particularly one that has financial penalties associated with
it, should be based on actual performance rather than on estimates of
the likelihood of particular events occurring within a particular
timeframe.
Although we have decided that an entry cohort analysis is not
appropriate for Permanency Composite 2, some of the performance areas
proposed for this composite involve longitudinal assessments of
progress toward adoption of a group of children that may be considered
a cohort (i.e., all children who have been in foster care for 17 months
or longer at the end of a fiscal year; or all children whose TPR occurs
during a given fiscal year).
Permanency Composite 2--Performance Area 1: Timeliness of Adoptions of
Children Discharged From Foster Care to a Finalized Adoption
Justification for inclusion: Exits to adoption reflect the success
of a child welfare agency in achieving permanency for those children
who cannot be returned to their families. A primary goal of ACF is to
ensure that children who are adopted do not remain in foster care any
longer than is necessary to achieve a finalized adoption. Information
about the percentage of children exiting foster care to a finalized
adoption who exit in a timely manner as well as about the percentage of
children who are adopted, but not in a timely manner, provides a means
of assessing State performance with regard to achieving this goal.
Possible measures: The following three measures are under
consideration for this performance area:
Of all children who exited foster care to a finalized
adoption during the reporting period, what percent exited foster care
in less than 24 months from the time of the latest removal from home?
This measure was used to assess timeliness of adoption during the first
CFSR round.
Of all children who exited foster care to a finalized
adoption during the reporting period, what percent was in foster care
for 48 months or more before exiting to adoption?
Of all children who exited foster care to a finalized
adoption during the reporting period, what was the median length of
stay in foster care (in months)?
Relevant issues: Some CFSR workgroup participants recommended that
the CFSR assessment include measures that examine timeliness of
adoptions for children of different age groups and different races/
ethnicities. Although ACF has determined that this level of analysis is
beyond the scope of the CFSR, States are encouraged to examine their
own adoption data in order to understand the relationships between
these factors and adoption timeliness. States vary considerably with
regard to the distribution of ages and races/ethnicity among their
foster care populations, and therefore the relationships between these
factors and adoption timeliness also may vary.
Permanency Composite 2--Performance Area 2: Timeliness of Adoptions of
Children Who Are in Foster Care for 17 Months or Longer at the Start of
a Fiscal Year
Justification for inclusion: This performance area assesses
progress toward adoption of a cohort of children who have been in
foster care for 17 months or longer. ASFA requires State child welfare
agencies to pursue adoption as a permanency goal for a child who has
been in foster care for 15 of the most recent 22 months, except in
limited circumstances. A 17-month rather than a 15-month timeframe was
chosen for the performance area because, in accordance with ASFA, a
child is considered to have ``entered foster care'' (for purposes of
starting the clock for 15 of 22 months) on the earlier of:
(1) The first judicial finding that the child has been subjected to
abuse and neglect, or
(2) The date that is 60 days after the date on which the child is
removed from home.
The 17 months in the performance area reflects the latter timeframe
for defining entry into foster care because AFCARS does not collect
information pertaining to the date of the first judicial finding.
Possible measure: Of all children in foster care on the first day
of a given fiscal year who were in foster care for 17 continuous months
or longer, what percent were adopted before the end of the fiscal year.
Relevant issues: The proposed measure is based on the assumption
that children who have been in foster care for 17 months or longer
represent a somewhat stable denominator. (However, even after 17 months
in foster care the denominator is not entirely stable because many
children in the cohort will exit to reunification.) Although it would
be preferable to include in the measure only those children in foster
care for 17 months or longer who have a case goal of adoption, States
do not consistently report case goal information to AFCARS and AFCARS
does not have a data element pertaining to the date that a case goal is
established. Also, in some States, the goal of adoption is not formally
established until TPR has been achieved although adoption may be the
goal that the agency is working toward.
Permanency Composite 1--Performance Area 3: Timeliness of Adoptions of
Children for Whom Parental Rights Have Been Terminated
Justification for inclusion: The two timeframes that are critical
to the timeliness of adoptions are (1) the timeframe between entry into
foster care and TPR, and (2) the timeframe between TPR and adoption
finalization. This performance area addresses the latter timeframe and
reflects ACF's expectation that a finalized adoption should occur
quickly after TPR is granted. An analysis of AFCARS data indicated
that, nationally, from FY 1998 to FY 2003, the average time from TPR to
adoption has remained consistent at about 16 months.
Possible measure: Of all children for whom a TPR was granted during
a given fiscal year, what percent were adopted within 12 months of the
TPR?
Relevant issues: An analysis of existing data relevant to this
measure resulted in the identification of the following data issues:
(1) In their submissions to the AFCARS Foster Care File, some States
are reporting a substantial number of TPR dates after the reporting
period in which they
[[Page 67486]]
actually occurred, and (2) in FY 2003, States did not provide TPR dates
in their AFCARS Foster Care File submissions for over one-fifth of the
children whose discharge reason was adoption. Although these data
problems do not appear in the data submitted to the AFCARS Adoption
File, because the AFCARS Foster Care File will be used to calculate the
measure for this performance area, it is important that States are more
diligent, timely, and consistent in their reporting of the AFCARS
Foster Care File data elements pertaining to TPR.
Permanency Composite 2--Performance Area 4: Timeliness of TPR for
Children Who Have Been in Foster Care for 17 Months or Longer at the
Start of a Fiscal Year
Justification for inclusion: This performance area pertains to the
timeframe required to achieve a TPR for children in foster care for 17
months or longer. The performance area is consistent with the ASFA
requirement that TPR should be sought for children who have been in
foster care for 15 of the most recent 22 months, except in limited
circumstances.
Possible measure: Of all children in foster care for 17 months or
longer on the first day of the fiscal year who did not have a TPR, what
percentage of those who remained in foster care for the next 6 months
had a TPR within that timeframe?
Relevant issues: National data regarding time to adoption indicates
that the time span between the time of entry into foster care and the
finalization of a TPR petition has decreased from FY 1998 to FY 2003 by
an average of 10 months. Inclusion of this performance area in
Permanency Composite 2 will permit an assessment of an individual
State's performance with regard to this timeframe.
Permanency Composite 3: Placement Stability
Performance on Permanency Composite 3 will be one component of the
determination of a State's substantial conformity with CFSR Permanency
Outcome 1--Children will have permanency and stability in their living
situations. The composite reflects the obligation of a State child
welfare system to ensure that children who are removed from their homes
by the State experience stable placements during their time in foster
care. The following performance areas are under consideration for
Permanency Composite 3:
Stability of children's placement experience during the
first year in foster care
Stability of children's placement experience for children
in care for longer than 12 months
Proposed Stability Performance Area 1: Stability of Children's
Placement Experience During the First Year in Foster Care
Justification for inclusion: This performance area addresses the
issue of achieving placement stability for children as quickly as
possible after entry into foster care.
Possible measure: During the reporting period, of all children who
have been in foster care for less than 12 months from the time of the
latest removal from home, what percent have had no more than 2
placement settings?
Relevant issues: Some CFSR workgroup participants suggested that
this measure does not take into account variations in time in care
within the 12-month period or consider some States' practices of
routinely placing children in foster care for short periods of time. To
address this concern, ACF examined the data for this measure in the
following ways: (1) Excluding children who had been in foster care for
only 1 month, and (2) excluding children who had been in care for only
3 months. The correlations between State performance on the measure of
placement stability within 12 months, and performance on this measure
using the 1-month and 3-month exclusion exceeded +0.95, indicating
little variation among the measures. As a result, ACF decided that the
existing measure was adequate to reflect variation in State performance
regarding placement stability during the first 12 months in foster
care.
Permanency Composite 3--Performance Area 2: Stability of Children's
Placement Experience for Children in Care for Longer Than 12 Months
Justification for inclusion: ACF believes that children should
experience placement stability throughout their stay in foster care.
However, analyses of the AFCARS data indicated that in most States, the
percentage of children who experience no more than 2 placement settings
declines considerably (in some States by half) when children have been
in foster care for at least 12 months but less than 24 months, and
continues to exhibit a substantial decline for those children in foster
care for 24 months or longer.
Possible measure: Two measures are under consideration for this
performance area.
During the reporting period, of all children who have been
in foster care for at least 12 months but less than 24 months, what
percent have had no more than 2 placement settings?
During the reporting period, of all children who have been
in foster care for 24 months or longer, what percent have had no more
than 2 placement settings?
Permanency Composite 4: Achieving Permanency for Children
Performance on Permanency Composite 4 will be part of the
determination of a State's substantial conformity with CFSR Permanency
Outcome 1--Children will have permanency and stability in their living
situations. The composite reflects the responsibility of the State
child welfare systems to engage in concerted efforts to find permanent
homes for children so that extended stays in foster care are avoided
and children do not ``age out'' of the system. The following
performance areas are under consideration for Permanency Composite 4:
The extent to which children are ``growing up'' in foster
care.
Timeliness of establishing permanency goals.
The extent to which children with TPR exit foster care to
a permanent family.
Permanency Composite 4--Performance Area 1: Children Growing Up in
Foster Care
Justification for inclusion: This performance area addresses the
question of State effectiveness with regard to ensuring that children
do not ``languish'' in foster care--i.e., entering foster care at a
relatively young age and exiting foster care only when they have
reached the age at which the State will not longer provide for their
care.
Possible measure: Of all children who were emancipated from foster
care prior to age 18 or who reached their 18th birthday while in foster
care, what percent entered foster care when they were age 12 or younger
and remained in foster care continuously since that entry?
Relevant issues: This measure is a modification of a measure that
is part of the Report to Congress on Child Welfare Outcomes. The
modification adds to the measure children who reached their 18th
birthday while in foster care. The modification was established because
Several States currently allow children to remain in foster care beyond
age 18, often to complete school or college. The modification will
ensure that these children are included in the measure if
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they entered foster care when they were age 12 or younger even if they
have not yet exited foster care.
Permanency Composite 4--Performance Area 2: Timeliness of Establishing
Permanency Goals
Justification for inclusion: A key factor in moving a child toward
permanency is the establishment of a permanency goal. The permanency
goal is the basis for developing a case plan delineating the services
to be provided and the objectives to be achieved to reach the goal. A
Federal requirement is that a case plan be established for every child
who is in foster care for longer than 60 days and that the case plan
includes the agency's plan for achieving permanency for the child.
Possible measure: Of all children in foster care for longer than 12
months, what percentage is reported to AFCARS as ``Not Yet Determined''
with regard to the case goal?
Relevant issues: An analysis of data relevant to this measure
indicated that there are a number of States that have a relatively high
percentage of children for whom the data element regarding case goal is
reported as ``not yet determined.''
Permanency Composite 4--Permanency Area 3: Exits to Families of
Children With TPR
Justification for inclusion: This performance area is an important
component of Permanency Composite 4 because it addresses the issue of
whether seeking TPR for children results in children becoming ``legal
orphans'' (i.e., children with TPR who are not placed for adoption or
guardianship or placed with relatives and eventually emancipate from
foster care). TPR is a costly process, both financially and, for the
child, emotionally. To engage in that process with the end result that
a child does not exit foster care to a family would be contrary to the
best interests of the child in most situations.
Possible measure: Of all children exiting foster care with a TPR,
what percentage exited to a permanent family? (A permanent family
includes living with a parent, relative, guardian, or adoptive
parents.)
Relevant issues: Although in most States, the vast majority of
children with TPR exit foster care to a permanent family, there are
several States in which 15 to 20 percent of these children do not exit
to a family. This suggests that the child welfare agency in those
States may not be making sufficient efforts to ensure that children
with TPR achieve permanency.
Dated: October 31, 2005.
Joan E. Ohl,
Commissioner, Administration on Children, Youth and Families.
Attachment A: Outcomes and Measures Developed for the Annual Report to
Congress on Child Welfare Outcomes and the Outcomes and Items Assessed
by the Child and Family Services Review
The outcomes and measures presented in the report to Congress are
the following:
Child Welfare Outcome 1
Reduce Recurrence of Child Abuse and/or Neglect
Measure 1.1: Of all children who were victims of substantiated or
indicated child abuse and/or neglect during the first 6 months of the
reporting period, what percentage had another substantiated or
indicated report within a 6-month period?
Child Welfare Outcome 2
Reduce the Incidence of Child Abuse and/or Neglect in Foster Care
Measure 2.1: Of all children who were in foster care during the
reporting period, what percentage was the subject of substantiated or
indicated maltreatment by a foster parent or facility staff?
Child Welfare Outcome 3
Increase Permanency for Children in Foster Care
Measure 3.1: For all children who exited foster care, what
percentage left either to reunification, adoption, or legal
guardianship?
Measure 3.2: For children who exited foster care and were
identified as having a diagnosed disability, what percentage left
either to reunification, adoption, or legal guardianship?
Measure 3.3: For children who exited foster care and were older
than age 12 at the time of their most recent entry into care, what
percentage left either to reunification, adoption, or legal
guardianship?
Measure 3.4: Of all children exiting foster care to emancipation,
what percentage was age 12 or younger at the time of entry into care?
Measure 3.5: For all children who exited foster care, what
percentage by racial/ethnic category left either to reunification,
adoption, or legal guardianship?
Child Welfare Outcome 4
Reduce Time in Foster Care to Reunification Without Increasing Re-entry
Measure 4.1: Of all children who were reunified with their parents
or caretakers at the time of discharge from foster care, what
percentage was reunified in the following time periods?
(1) Less than 12 months from the time of latest removal from home
(2) At least 12 months, but less than 24 months
(3) At least 24 months, but less than 36 months
(4) At least 36 months, but less than 48 months
(5) 48 or more months
Measure 4.2: Of all children who entered foster care during the
reporting period, what percentage re-entered care:
(1) Within 12 months of a prior foster care episode?
(2) More than 12 months after a prior foster care episode?
Child Welfare Outcome 5
Reduce Time in Foster Care to Adoption
Measure 5.1: Of all children