Request for Public Comment Concerning Regulations for Transferring Children From the Placement and Care Responsibility of a State Title IV-E Agency to a Tribal Title IV-E Agency and Tribal Share of Title IV-E Administration and Training Expenditures, 4365-4367 [E9-1338]
Download as PDF
<![CDATA[
Federal Register / Vol. 74, No. 15 / Monday, January 26, 2009 / Proposed Rules
technical rules of evidence. Instead, it is
an informal administrative proceeding
convened for the purpose of gathering
and clarifying information. The
regulations that govern the hearing, and
the pre-hearing guidelines issued for the
hearing, will ensure that participants are
treated fairly and have due process. This
approach will facilitate the development
of a clear, accurate, and complete
record. Accordingly, application of
these rules and guidelines will be such
that questions of relevance, procedures,
and participation will be decided in
favor of developing a complete record.
Conduct of the hearing. Conduct of
the hearing will conform to the
provisions of 29 CFR 1911.5. Although
the ALJ presiding over the hearing
makes no decision or recommendation
on the merits of the NPRM or the final
rule, the ALJ has the responsibility and
authority to ensure that the hearing
progresses at a reasonable pace and in
an orderly manner. To ensure that
interested parties receive a full and fair
informal hearing, the ALJ has the
authority and power to: Regulate the
course of the proceedings; dispose of
procedural requests, objections, and
similar matters; confine the
presentations to matters pertinent to the
issues raised; use appropriate means to
regulate the conduct of the parties who
are present at the hearing; question
witnesses, and permit others to question
witnesses; and limit the time for such
questions. At the close of the hearing,
the ALJ will establish a post-hearing
comment period for parties who
participated in the hearing. During the
first part of this period, the participants
may submit additional data and
information to OSHA, and during the
second part of this period, they may
submit briefs, arguments, and
summations.
Notice of intention to appear to
provide testimony at the informal public
hearings. Hearing participants must file
a notice of intention to appear that
provides the following information: The
name, address, and telephone number of
each individual who will provide
testimony; the capacity in which the
individual will testify (e.g., name of the
establishment/organization the
individual is representing; the
individual’s occupational title and
position); approximate amount of time
requested for the individual’s testimony;
specific issues the individual will
address, including a brief description of
the position that the individual will take
with respect to each of these issues; and
any documentary evidence the
individual will present, including a
brief summary of the evidence.
VerDate Nov<24>2008
13:45 Jan 23, 2009
Jkt 217001
OSHA emphasizes that, while the
hearing is open to the public and
interested parties are welcome to attend,
only a party who files a proper notice
of intention to appear may ask questions
and participate fully in the hearing. A
party who did not file a notice of
intention to appear may be allowed to
testify at the hearing if time permits, but
this determination is at the discretion of
the presiding ALJ.
Hearing testimony and documentary
evidence. OSHA will review each
submission and determine if the
information it contains warrants the
amount of time requested. OSHA then
will allocate an appropriate amount of
time to each presentation, and will
notify the participants of the time
allotted to their presentations. Prior to
the hearing, the Agency will notify
participants if the allotted time is less
than the requested time, and will
provide the reasons for this action.
OSHA may limit to 10 minutes the
presentation of any participant who fails
to comply substantially with these
procedural requirements. The Agency
also may request a participant to return
for questions at a later time.
Certification of the record and final
determination after the informal public
hearing. Following the close of the
hearing and post-hearing comment
period, the ALJ will certify the record to
the Assistant Secretary of Labor for
Occupational Safety and Health. This
record will consist of all of the written
comments, oral testimony, documentary
evidence, and other material received
during the hearing. Following
certification of the record, OSHA will
review the proposed provisions in light
of all the evidence received as part of
the record, and then will issue the final
determinations based on the entire
record.
Authority and Signature
This document was prepared under
the authority of Thomas M. Stohler,
Acting Assistant Secretary of Labor for
Occupational Safety and Health, U.S.
Department of Labor, 200 Constitution
Avenue, NW., Washington, DC 20210,
pursuant to Sections 6(b) of the
Occupational Safety and Health Act of
1970 (29 U.S.C. 655), Secretary of
Labor’s Order 5–2007 (72 FR 31160),
and 29 CFR part 1911.
Signed at Washington, DC, on January 14,
2009.
Thomas M. Stohler,
Acting Assistant Secretary of Labor for
Occupational Safety and Health.
[FR Doc. E9–1128 Filed 1–23–09; 8:45 am]
BILLING CODE 4510–26–P
PO 00000
Frm 00020
Fmt 4702
Sfmt 4702
4365
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Administration for Children and
Families
45 CFR Parts 1355 and 1356
Request for Public Comment
Concerning Regulations for
Transferring Children From the
Placement and Care Responsibility of
a State Title IV–E Agency to a Tribal
Title IV–E Agency and Tribal Share of
Title IV–E Administration and Training
Expenditures
AGENCY: Administration on Children,
Youth and Families, Administration for
Children and Families, Department of
Health and Human Services.
ACTION: Proposed rule; request for
public comment and Tribal consultation
meetings.
SUMMARY: Effective October 1, 2009,
Public Law 110–351 provides Indian
Tribes with the option to operate a
foster care, adoption assistance and, at
tribal option, a kinship guardianship
assistance program under title IV–E of
the Social Security Act (the Act). The
Federal government would share in the
costs of Tribes operating an ACFapproved title IV–E program. Public
Law 110–351 requires that ACF develop
interim final rules after consulting with
Tribes and affected States on the
implementation of the tribal plan
requirements in section 479B of the Act
and other amendments made by the
Tribal provisions in section 301 of
Public Law 110–351. The law requires
that such regulations include: (1)
Procedures to ensure that a transfer of
State or Tribal responsibility for the
placement and care of a child under a
State title IV–E plan to a Tribal title IV–
E plan occurs in a manner that does not
affect the child’s eligibility for title IV–
E or title XIX Medicaid and such
services or payments; and, (2) the inkind expenditures from third-party
sources permitted for the Tribal share of
administration and training
expenditures under title IV–E. This
notice is designed to provide a written
opportunity for comment to all
interested persons and notify Tribal
leaders of in-person opportunities to
consult with the Children’s Bureau on
the development of these regulations.
DATES: Written comments must be
submitted to the office listed in the
ADDRESSES section below on or before
April 27, 2009. Please see
SUPPLEMENTARY INFORMATION for
additional details on the Tribal
consultation meetings.
E:\FR\FM\26JAP1.SGM
26JAP1
4366
Federal Register / Vol. 74, No. 15 / Monday, January 26, 2009 / Proposed Rules
Interested persons may
submit written comments by any of the
following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• E-mail: CBComments@acf.hhs.gov.
Please include ‘‘Comments on Tribal
IV–E Regulations’’ in the subject line of
the message.
• Mail or Courier Delivery: Miranda
Lynch, Division of Policy, Children’s
Bureau, Administration on Children,
Youth and Families, Administration for
Children and Families, 1250 Maryland
Avenue, SW., 8th Floor, Washington,
DC 20024.
Instructions: Please be aware that mail
sent to us may take an additional 3–4
days to process due to changes in mail
handling resulting from the anthrax
crisis of October 2001. If you choose to
use an express, overnight, or other
special delivery method, please ensure
first that they are able to deliver to the
above address. We urge you to submit
comments electronically to ensure they
are received in a timely manner. All
comments received will be posted
without change to www.regulations.gov
including any personal information
provided. Comments provided to us
during a meeting or in-writing in
response to this Federal Register notice
will receive equal consideration by
ACF.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Miranda Lynch, Children’s Bureau,
1250 Maryland Avenue, SW., 8th Floor,
Washington, DC 20024; (202) 205–8138,
miranda.lynch@acf.hhs.gov.
SUPPLEMENTARY INFORMATION:
Title IV–E Background
The Fostering Connections to Success
and Increasing Adoption Act of 2008,
Public Law 110–351 was enacted on
October 7, 2008. Prior to the law’s
enactment, the title IV–E program
provided States and territories with
Federal funds to support eligible
children in foster care, eligible children
with special needs in adoptions, and to
assist the State with the administrative
expenses of operating the title IV–E
program. The law, as amended, permits
Federally-recognized Indian Tribes,
tribal organizations or consortia
(hereafter, ‘‘Tribes’’) to apply to ACF to
operate a title IV–E program beginning
October 1, 2009. By law, the
requirements of the title IV–E statute
apply to such Tribes ‘‘in the same
manner as this part applies to a State’’
(section 479B(b) of the Act), with
limited exceptions. Public Law 110–351
also provides limited funding,
beginning in Federal fiscal year (FY)
VerDate Nov<24>2008
13:45 Jan 23, 2009
Jkt 217001
2009, for Tribes that intend to submit an
application to ACF for direct funding of
the title IV–E program to also apply for
a grant to assist in developing a title IV–
E plan. Finally, the law codifies a
Tribe’s ability to enter into agreements
and contracts with State title IV–E
agencies to share in the administration
of the title IV–E programs on behalf of
Indian children in their placement and
care responsibility.
In addition to creating this
opportunity for Tribes, the law permits
title IV–E agencies who choose to do so
to administer a new kinship
guardianship assistance program under
title IV–E, revises the eligibility criteria
for the title IV–E adoption assistance
program, allows title IV–E agencies to
choose to extend title IV–E foster care,
adoption assistance, and kinship
guardianship payments to youth who
meet certain conditions up to age 21,
among other changes to the title IV–B
and IV–E requirements. The entire law
and issuances related to the new
provisions can be found on the
Children’s Bureau’s Web site at https://
www.acf.hhs.gov/programs/cb.
Implementation of the Tribal Title
IV–E Plan
The law limits exceptions or
modifications to the title IV–E statutory
requirements for Tribes that will
directly operate a title IV–E program to
those granted in the law (i.e., the ability
for Tribes to define their own service
areas, tribal licensing standards and
flexibility to use nunc pro tunc and
affidavits to meet judicial determination
requirements in the first 12 months of
operation of the tribal title IV–E plan).
This means that Tribes wishing to
operate their own title IV–E plan must
adhere to the following requirements:
• Secretary approval of a plan to
operate a title IV–E foster care (per
section 472 of the Act) and adoption
assistance program (per section 473 of
the Act) that complies with the
applicable title IV–E plan requirements
in sections 471(a) and definitions in
section 475 of the Act.
• Tribal title IV–E plan provisions in
section 479B of the Act;
• Regulations in 45 CFR parts 1355
and 1356 or incorporated by crossreference, to the extent that such
regulations have not been superseded by
Public Law 110–351 or are not
applicable to directly-funded Tribes at
this time (e.g., title IV–E eligibility
reviews and Child and Family Services
Reviews); and,
• Federal reporting requirements as
required by the Secretary (section
471(a)(6) of the Act).
PO 00000
Frm 00021
Fmt 4702
Sfmt 4702
Transfer of Placement and Care of
Title IV–E Indian Children
The law requires the Secretary to
issue interim final rules on the transfer
of children in foster care under a State
title IV–E plan, to the placement and
care responsibility of a Tribe under a
directly-funded Tribal title IV–E plan to
ensure that a child maintains his
eligibility for title IV–E and title XIX
Medicaid. We note that the Indian Child
Welfare Act (ICWA) of 1978 provides
existing statutory direction for State
courts to transfer certain child custody
proceedings—including foster care—
involving Indian children to the
jurisdiction of Indian courts. The
Bureau of Indian Affairs, Department of
the Interior, has also issued guidelines
regarding such transfers in ‘‘Guidelines
for State Courts—Indian Child Custody
Proceedings’’ (see 44 FR 67584,
November 26, 1979).
Tribal Share of Title IV–E
Administration and Training
Expenditures
Tribes whose title IV–E plans are
approved by the Secretary may receive
Federal reimbursement of a share of title
IV–E allowable administrative and
training costs (section 479B(c)(1)(D) of
the Act). As of October 1, 2009, the law
permits such Tribes, but not States, to
use in-kind funds from third-party
sources in contributing their Tribal
share of such costs. The law establishes
initial provisions for permitted thirdparty sources and sets specific limits on
the percentage of the Tribal share that
may be used for title IV–E purposes. The
law requires HHS to develop interim
final regulations on the tribal share
provisions to apply beginning in FY
2012.
Opportunity To Comment
Interim final rules are final rules that
have immediate effect without the
Federal agency first issuing and inviting
public comment on a notice of proposed
rule. Because the law requires us to use
the interim final rule process on the
limited topics of the procedures to effect
the transfer of children from State to
directly-funded Tribal title IV–E plans
and the in-kind third party match
sources and percentages, we are seeking
comments from Tribes, affected States
and other stakeholders through this
Federal Register notice and the Tribal
consultation meetings. Specifically, we
are seeking comments on the following:
• Considering that the Secretary is to
apply title IV–E of the Act to Tribes in
the same manner as to States except
where directed by law, what, if any,
provisions and clarifications related to
E:\FR\FM\26JAP1.SGM
26JAP1
Federal Register / Vol. 74, No. 15 / Monday, January 26, 2009 / Proposed Rules
the title IV–E program for directlyfunded Tribes should be in regulations?
• Are guidelines above and beyond
those provided pursuant to the ICWA
needed to execute the transfer of
placement and care responsibility of a
title IV–E Indian child to a Tribe
operating a title IV–E plan? If, so please
provide suggestions.
• What specific information
pertaining to title IV–E and title XIX
Medicaid should a State make available
to a Tribe that seeks to gain placement
and care responsibility over an Indian
child?
• Should the third-party sources and
in-kind limits on Tribal administrative
and training costs remain consistent
with section 479B(c)(1)(D) of the Act?
Please provide a rationale for this
response.
Any other comments regarding the
development of an interim final rule per
section 301(e) of Public Law 110–351
are welcome. Please note, however, that
this request is limited in scope and is
not intended to solicit comments on the
remaining provisions of Public Law
110–351.
Tribal Consultation
We invite Tribal leaders and/or their
representatives of Federally recognized
tribes to attend consultation meetings
that will be held in certain ACF
Regional Offices to provide their input
on the issues subject to regulations as
explained below. Tribal leaders and/or
their representatives who choose to
attend a consultation session must
register at least one week in advance of
the meeting date by contacting the
applicable Children’s Bureau (CB)
Regional Program Manager. Registered
participants for the consultation session
may submit written remarks in advance,
or present them in oral or written form
at the consultation session. Tribal
leaders and/or their representatives,
regardless of whether they participate in
the consultation session, may provide
written comments as noted in the
ADDRESSES section. Finally, please note
that Federal representatives attending
the consultation sessions will not be
able to respond directly during the
VerDate Nov<24>2008
13:45 Jan 23, 2009
Jkt 217001
session to the concerns or questions
raised by participants. The consultation
sessions and contact information are
listed below:
Thursday, February 12, 2009—
Region VII
Federal Office Building, 601 E 12th
Street, Kansas City, MO 64106. Contact:
Rosalyn Wilson, CB Regional Program
Manager, phone (816) 426–3981 or
e-mail rosalyn.wilson@acf.hhs.gov.
Region includes: Iowa, Kansas,
Missouri and Nebraska.
Friday, February 20, 2009—Region VI
1301 Young Street, Room 1119,
Dallas, TX 75202. Contact: June Lloyd,
CB Regional Program Manager, phone
(214) 767–9648 or e-mail
june.lloyd@acf.hhs.gov.
Region includes: Arkansas, Louisiana,
New Mexico, Oklahoma and Texas.
Friday, February 20, 2009—Region IX
90 7th Street—Conf. Rm. B040 and
B020, San Francisco, CA, 94103.
Contact: Sally Flanzer, CB Regional
Program Manager, phone (415) 437–
8400 or e-mail
sally.flanzer@acf.hhs.gov.
Region includes: Arizona, California,
Hawaii, Nevada, Outer Pacific—
American Samoa, Commonwealth of the
Northern Marianas, Federated States of
Micronesia (Chuuk, Pohnpei, Yap)
Guam, Marshall Islands and Palau.
Wednesday, February 25—Region I
JFK Federal Building 21st Floor, Rm.
2100, Boston, MA 02203. Contact: Bob
Cavanaugh, CB Regional Program
Manager, phone (617) 565–1020 or
e-mail bob.cavanaugh@acf.hhs.gov.
Region includes: Connecticut, Maine,
Massachusetts, New Hampshire, Rhode
Island, and Vermont.
Wednesday, February 25, 2009—
Region VIII
Byron Rogers Federal Building, 1961
Stout Street, Denver, CO 80294. Contact:
Marilyn Kennerson, CB Regional
Program Manager, phone (303) 844–
3100 or e-mail
marilyn.kennerson@acf.hhs.gov.
PO 00000
Frm 00022
Fmt 4702
Sfmt 4702
4367
Region includes: Colorado, Montana,
North Dakota, South Dakota, Utah and
Wyoming.
Thursday, February 26, 2009—Region II
Leo O’Brien Federal Building, Room
826A, 1 Clinton Square, Albany, NY
12207. Contact: Junius Scott, CB
Regional Program Manager, phone (212)
264–2890 or e-mail
junius.scott@acf.hhs.gov.
Region includes: New Jersey, New
York, Puerto Rico and the Virgin
Islands.
Thursday, February 26, 2009—
Region IV
Sam Nunn Atlanta Federal Center,
Conf. Rm. A & B, 61 Forsyth Street SW.,
Suite 4M60, Atlanta, GA 30303. Contact:
Ruth Walker, CB Regional Program
Manager, phone (404) 562–2900 or
e-mail ruth.walker@acf.hhs.gov.
Region includes: Alabama,
Mississippi, Florida, North Carolina,
Georgia, South Carolina, Kentucky and
Tennessee.
Friday, February 27, 2009—Region X
2201 Sixth Avenue, Seattle, WA
98121–1827. Contact: John Henderson,
CB Regional Program Manager, phone
(206) 615–2482 or e-mail
john.henderson@acf.hhs.gov.
Region includes: Alaska, Idaho,
Oregon and Washington.
Thursday, March 5, 2009—Region V
ACF Tower Conference Room, 233 N
Michigan Avenue, Suite 400, Chicago,
IL 60601. Contact: Carolyn WilsonHurey, CB Regional Program Manager,
phone (312) 353–4237 or e-mail
carolyn.wilson-hurey@acf.hhs.gov.
Region includes: Illinois, Indiana,
Michigan, Minnesota, Ohio and
Wisconsin.
Dated: January 14, 2009.
Joan E. Ohl,
Commissioner, Administration on Children,
Youth and Families.
[FR Doc. E9–1338 Filed 1–23–09; 8:45 am]
BILLING CODE 4184–01–P
E:\FR\FM\26JAP1.SGM
26JAP1
]]>Agencies
[Federal Register Volume 74, Number 15 (Monday, January 26, 2009)]
[Proposed Rules]
[Pages 4365-4367]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-1338]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Administration for Children and Families
45 CFR Parts 1355 and 1356
Request for Public Comment Concerning Regulations for
Transferring Children From the Placement and Care Responsibility of a
State Title IV-E Agency to a Tribal Title IV-E Agency and Tribal Share
of Title IV-E Administration and Training Expenditures
AGENCY: Administration on Children, Youth and Families, Administration
for Children and Families, Department of Health and Human Services.
ACTION: Proposed rule; request for public comment and Tribal
consultation meetings.
-----------------------------------------------------------------------
SUMMARY: Effective October 1, 2009, Public Law 110-351 provides Indian
Tribes with the option to operate a foster care, adoption assistance
and, at tribal option, a kinship guardianship assistance program under
title IV-E of the Social Security Act (the Act). The Federal government
would share in the costs of Tribes operating an ACF-approved title IV-E
program. Public Law 110-351 requires that ACF develop interim final
rules after consulting with Tribes and affected States on the
implementation of the tribal plan requirements in section 479B of the
Act and other amendments made by the Tribal provisions in section 301
of Public Law 110-351. The law requires that such regulations include:
(1) Procedures to ensure that a transfer of State or Tribal
responsibility for the placement and care of a child under a State
title IV-E plan to a Tribal title IV-E plan occurs in a manner that
does not affect the child's eligibility for title IV-E or title XIX
Medicaid and such services or payments; and, (2) the in-kind
expenditures from third-party sources permitted for the Tribal share of
administration and training expenditures under title IV-E. This notice
is designed to provide a written opportunity for comment to all
interested persons and notify Tribal leaders of in-person opportunities
to consult with the Children's Bureau on the development of these
regulations.
DATES: Written comments must be submitted to the office listed in the
ADDRESSES section below on or before April 27, 2009. Please see
SUPPLEMENTARY INFORMATION for additional details on the Tribal
consultation meetings.
[[Page 4366]]
ADDRESSES: Interested persons may submit written comments by any of the
following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
E-mail: CBComments@acf.hhs.gov. Please include ``Comments
on Tribal IV-E Regulations'' in the subject line of the message.
Mail or Courier Delivery: Miranda Lynch, Division of
Policy, Children's Bureau, Administration on Children, Youth and
Families, Administration for Children and Families, 1250 Maryland
Avenue, SW., 8th Floor, Washington, DC 20024.
Instructions: Please be aware that mail sent to us may take an
additional 3-4 days to process due to changes in mail handling
resulting from the anthrax crisis of October 2001. If you choose to use
an express, overnight, or other special delivery method, please ensure
first that they are able to deliver to the above address. We urge you
to submit comments electronically to ensure they are received in a
timely manner. All comments received will be posted without change to
www.regulations.gov including any personal information provided.
Comments provided to us during a meeting or in-writing in response to
this Federal Register notice will receive equal consideration by ACF.
FOR FURTHER INFORMATION CONTACT: Miranda Lynch, Children's Bureau, 1250
Maryland Avenue, SW., 8th Floor, Washington, DC 20024; (202) 205-8138,
miranda.lynch@acf.hhs.gov.
SUPPLEMENTARY INFORMATION:
Title IV-E Background
The Fostering Connections to Success and Increasing Adoption Act of
2008, Public Law 110-351 was enacted on October 7, 2008. Prior to the
law's enactment, the title IV-E program provided States and territories
with Federal funds to support eligible children in foster care,
eligible children with special needs in adoptions, and to assist the
State with the administrative expenses of operating the title IV-E
program. The law, as amended, permits Federally-recognized Indian
Tribes, tribal organizations or consortia (hereafter, ``Tribes'') to
apply to ACF to operate a title IV-E program beginning October 1, 2009.
By law, the requirements of the title IV-E statute apply to such Tribes
``in the same manner as this part applies to a State'' (section 479B(b)
of the Act), with limited exceptions. Public Law 110-351 also provides
limited funding, beginning in Federal fiscal year (FY) 2009, for Tribes
that intend to submit an application to ACF for direct funding of the
title IV-E program to also apply for a grant to assist in developing a
title IV-E plan. Finally, the law codifies a Tribe's ability to enter
into agreements and contracts with State title IV-E agencies to share
in the administration of the title IV-E programs on behalf of Indian
children in their placement and care responsibility.
In addition to creating this opportunity for Tribes, the law
permits title IV-E agencies who choose to do so to administer a new
kinship guardianship assistance program under title IV-E, revises the
eligibility criteria for the title IV-E adoption assistance program,
allows title IV-E agencies to choose to extend title IV-E foster care,
adoption assistance, and kinship guardianship payments to youth who
meet certain conditions up to age 21, among other changes to the title
IV-B and IV-E requirements. The entire law and issuances related to the
new provisions can be found on the Children's Bureau's Web site at
https://www.acf.hhs.gov/programs/cb.
Implementation of the Tribal Title IV-E Plan
The law limits exceptions or modifications to the title IV-E
statutory requirements for Tribes that will directly operate a title
IV-E program to those granted in the law (i.e., the ability for Tribes
to define their own service areas, tribal licensing standards and
flexibility to use nunc pro tunc and affidavits to meet judicial
determination requirements in the first 12 months of operation of the
tribal title IV-E plan). This means that Tribes wishing to operate
their own title IV-E plan must adhere to the following requirements:
Secretary approval of a plan to operate a title IV-E
foster care (per section 472 of the Act) and adoption assistance
program (per section 473 of the Act) that complies with the applicable
title IV-E plan requirements in sections 471(a) and definitions in
section 475 of the Act.
Tribal title IV-E plan provisions in section 479B of the
Act;
Regulations in 45 CFR parts 1355 and 1356 or incorporated
by cross-reference, to the extent that such regulations have not been
superseded by Public Law 110-351 or are not applicable to directly-
funded Tribes at this time (e.g., title IV-E eligibility reviews and
Child and Family Services Reviews); and,
Federal reporting requirements as required by the
Secretary (section 471(a)(6) of the Act).
Transfer of Placement and Care of Title IV-E Indian Children
The law requires the Secretary to issue interim final rules on the
transfer of children in foster care under a State title IV-E plan, to
the placement and care responsibility of a Tribe under a directly-
funded Tribal title IV-E plan to ensure that a child maintains his
eligibility for title IV-E and title XIX Medicaid. We note that the
Indian Child Welfare Act (ICWA) of 1978 provides existing statutory
direction for State courts to transfer certain child custody
proceedings--including foster care--involving Indian children to the
jurisdiction of Indian courts. The Bureau of Indian Affairs, Department
of the Interior, has also issued guidelines regarding such transfers in
``Guidelines for State Courts--Indian Child Custody Proceedings'' (see
44 FR 67584, November 26, 1979).
Tribal Share of Title IV-E Administration and Training Expenditures
Tribes whose title IV-E plans are approved by the Secretary may
receive Federal reimbursement of a share of title IV-E allowable
administrative and training costs (section 479B(c)(1)(D) of the Act).
As of October 1, 2009, the law permits such Tribes, but not States, to
use in-kind funds from third-party sources in contributing their Tribal
share of such costs. The law establishes initial provisions for
permitted third-party sources and sets specific limits on the
percentage of the Tribal share that may be used for title IV-E
purposes. The law requires HHS to develop interim final regulations on
the tribal share provisions to apply beginning in FY 2012.
Opportunity To Comment
Interim final rules are final rules that have immediate effect
without the Federal agency first issuing and inviting public comment on
a notice of proposed rule. Because the law requires us to use the
interim final rule process on the limited topics of the procedures to
effect the transfer of children from State to directly-funded Tribal
title IV-E plans and the in-kind third party match sources and
percentages, we are seeking comments from Tribes, affected States and
other stakeholders through this Federal Register notice and the Tribal
consultation meetings. Specifically, we are seeking comments on the
following:
Considering that the Secretary is to apply title IV-E of
the Act to Tribes in the same manner as to States except where directed
by law, what, if any, provisions and clarifications related to
[[Page 4367]]
the title IV-E program for directly-funded Tribes should be in
regulations?
Are guidelines above and beyond those provided pursuant to
the ICWA needed to execute the transfer of placement and care
responsibility of a title IV-E Indian child to a Tribe operating a
title IV-E plan? If, so please provide suggestions.
What specific information pertaining to title IV-E and
title XIX Medicaid should a State make available to a Tribe that seeks
to gain placement and care responsibility over an Indian child?
Should the third-party sources and in-kind limits on
Tribal administrative and training costs remain consistent with section
479B(c)(1)(D) of the Act? Please provide a rationale for this response.
Any other comments regarding the development of an interim final
rule per section 301(e) of Public Law 110-351 are welcome. Please note,
however, that this request is limited in scope and is not intended to
solicit comments on the remaining provisions of Public Law 110-351.
Tribal Consultation
We invite Tribal leaders and/or their representatives of Federally
recognized tribes to attend consultation meetings that will be held in
certain ACF Regional Offices to provide their input on the issues
subject to regulations as explained below. Tribal leaders and/or their
representatives who choose to attend a consultation session must
register at least one week in advance of the meeting date by contacting
the applicable Children's Bureau (CB) Regional Program Manager.
Registered participants for the consultation session may submit written
remarks in advance, or present them in oral or written form at the
consultation session. Tribal leaders and/or their representatives,
regardless of whether they participate in the consultation session, may
provide written comments as noted in the ADDRESSES section. Finally,
please note that Federal representatives attending the consultation
sessions will not be able to respond directly during the session to the
concerns or questions raised by participants. The consultation sessions
and contact information are listed below:
Thursday, February 12, 2009-- Region VII
Federal Office Building, 601 E 12th Street, Kansas City, MO 64106.
Contact: Rosalyn Wilson, CB Regional Program Manager, phone (816) 426-
3981 or e-mail rosalyn.wilson@acf.hhs.gov.
Region includes: Iowa, Kansas, Missouri and Nebraska.
Friday, February 20, 2009--Region VI
1301 Young Street, Room 1119, Dallas, TX 75202. Contact: June
Lloyd, CB Regional Program Manager, phone (214) 767-9648 or e-mail
june.lloyd@acf.hhs.gov.
Region includes: Arkansas, Louisiana, New Mexico, Oklahoma and
Texas.
Friday, February 20, 2009--Region IX
90 7th Street--Conf. Rm. B040 and B020, San Francisco, CA, 94103.
Contact: Sally Flanzer, CB Regional Program Manager, phone (415) 437-
8400 or e-mail sally.flanzer@acf.hhs.gov.
Region includes: Arizona, California, Hawaii, Nevada, Outer
Pacific--American Samoa, Commonwealth of the Northern Marianas,
Federated States of Micronesia (Chuuk, Pohnpei, Yap) Guam, Marshall
Islands and Palau.
Wednesday, February 25--Region I
JFK Federal Building 21st Floor, Rm. 2100, Boston, MA 02203.
Contact: Bob Cavanaugh, CB Regional Program Manager, phone (617) 565-
1020 or e-mail bob.cavanaugh@acf.hhs.gov.
Region includes: Connecticut, Maine, Massachusetts, New Hampshire,
Rhode Island, and Vermont.
Wednesday, February 25, 2009-- Region VIII
Byron Rogers Federal Building, 1961 Stout Street, Denver, CO 80294.
Contact: Marilyn Kennerson, CB Regional Program Manager, phone (303)
844-3100 or e-mail marilyn.kennerson@acf.hhs.gov.
Region includes: Colorado, Montana, North Dakota, South Dakota,
Utah and Wyoming.
Thursday, February 26, 2009--Region II
Leo O'Brien Federal Building, Room 826A, 1 Clinton Square, Albany,
NY 12207. Contact: Junius Scott, CB Regional Program Manager, phone
(212) 264-2890 or e-mail junius.scott@acf.hhs.gov.
Region includes: New Jersey, New York, Puerto Rico and the Virgin
Islands.
Thursday, February 26, 2009-- Region IV
Sam Nunn Atlanta Federal Center, Conf. Rm. A & B, 61 Forsyth Street
SW., Suite 4M60, Atlanta, GA 30303. Contact: Ruth Walker, CB Regional
Program Manager, phone (404) 562-2900 or e-mail
ruth.walker@acf.hhs.gov.
Region includes: Alabama, Mississippi, Florida, North Carolina,
Georgia, South Carolina, Kentucky and Tennessee.
Friday, February 27, 2009--Region X
2201 Sixth Avenue, Seattle, WA 98121-1827. Contact: John Henderson,
CB Regional Program Manager, phone (206) 615-2482 or e-mail
john.henderson@acf.hhs.gov.
Region includes: Alaska, Idaho, Oregon and Washington.
Thursday, March 5, 2009--Region V
ACF Tower Conference Room, 233 N Michigan Avenue, Suite 400,
Chicago, IL 60601. Contact: Carolyn Wilson-Hurey, CB Regional Program
Manager, phone (312) 353-4237 or e-mail carolyn.wilson-
hurey@acf.hhs.gov.
Region includes: Illinois, Indiana, Michigan, Minnesota, Ohio and
Wisconsin.
Dated: January 14, 2009.
Joan E. Ohl,
Commissioner, Administration on Children, Youth and Families.
[FR Doc. E9-1338 Filed 1-23-09; 8:45 am]
BILLING CODE 4184-01-P
