Request for Public Comment Concerning Requirements 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, 10920-10922 [E9-5505]
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10920
Federal Register / Vol. 74, No. 48 / Friday, March 13, 2009 / Notices
Dated: March 5, 2009.
Brendan C. Kelly,
Reports Clearance Officer.
[FR Doc. E9–5165 Filed 3–12–09; 8:45 am]
OMB No.: New Collection.
Description: The Office of Head Start,
within the Administration for Children
and Families (ACF) of the Department of
Health and Human Services (HHS), is
planning a survey to collect data on
Head Start and Early Head Start
programs’ emergency preparedness
policies and procedures. Section 649(m)
(2) of Public Law 110–134, ‘‘The
Improving Head Start for School
Readiness Act of 2007’’ states, ‘‘The
Secretary shall evaluate the Federal,
State, and local preparedness of Head
Start programs, including Early Head
Start programs to respond appropriately
in the event of a large-scale emergency,
* * *.’’ The Head Start/Early Head Start
BILLING CODE 4184–01–M
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Administration for Children and
Families
Proposed Information Collection
Activity; Comment Request
Proposed Project
Title: Head Start/Early Head Start
Emergency Preparedness Survey.
Emergency Preparedness Survey was
created in response to this request and
will gather uniform data about current
emergency preparedness policies and
procedures for responding to large-scale
emergencies of Head Start and Early
Head Start programs.
Respondents: Head Start and Early
Head Start grantees.
ANNUAL BURDEN ESTIMATES
Annual number of respondents
Number of responses per
respondent
Average burden hours per
response
Total annual
burden hours
Head Start Emergency Preparedness Survey ................................................
sroberts on PROD1PC70 with NOTICES
Instrument
1,604
1
0.5
802
Estimated Total Annual Burden
Hours: 802.
In compliance with the requirements
of Section 3506(c)(2)(A) of the
Paperwork Reduction Act of 1995, the
Administration for Children and
Families is soliciting public comment
on the specific aspects of the
information collection described above.
Copies of the proposed collection of
information can be obtained and
comments may be forwarded by writing
to the Administration for Children and
Families, Office of Planning, Research
and Evaluation, 370 L’Enfant
Promenade, SW., Washington, DC
20447, Attn: OPRE Reports Clearance
Officer. E-mail address:
OPREinfocollection@acf.hhs.gov. All
requests should be identified by the title
of the information collection.
The Department specifically requests
comments on (a) whether the proposed
collection of information is necessary
for the proper performance of the
functions of the agency, including
whether the information shall have
practical utility; (b) the accuracy of the
agency’s estimate of the burden of the
proposed collection of information; (c)
the quality, utility, and clarity of the
information to be collected; and (d)
ways to minimize the burden of the
collection of information on
respondents, including through the use
of automated collection techniques or
other forms of information technology.
Consideration will be given to
comments and suggestions submitted
within 60 days of this publication.
VerDate Nov<24>2008
17:55 Mar 12, 2009
Jkt 217001
Dated: March 5, 2009.
Brendan C. Kelly,
Reports Clearance Officer.
[FR Doc. E9–5166 Filed 3–12–09; 8:45 am]
BILLING CODE 4184–01–M
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Administration for Children and
Families
Request for Public Comment
Concerning Requirements 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: Department of Health and
Human Services, Administration for
Children and Families, Administration
on Children, Youth and Families.
ACTION: 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
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Fmt 4703
Sfmt 4703
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 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 specifically the
affected States and to 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
May 12, 2009. Please see
SUPPLEMENTARY INFORMATION for
additional details on the Tribal
consultation meetings.
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:\FR\FM\13MRN1.SGM
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Federal Register / Vol. 74, No. 48 / Friday, March 13, 2009 / Notices
sroberts on PROD1PC70 with NOTICES
• E-mail: CBComments@acf.hhs.gov.
Please include ‘‘Request for Public
Comment on Tribal IV–E Requirements’’
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 Ave., 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 Adoptions 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
(hereafter, ‘‘States’’) 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 Federallyrecognized 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 that 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
VerDate Nov<24>2008
17:55 Mar 12, 2009
Jkt 217001
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:
• Secretarial 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 1355 and
1356 or incorporated by cross-reference,
except to the extent that such
regulations either have been superseded
by Public Law 110–351 or are not
applicable at this time to directlyfunded Tribes (e.g., regulations
requiring 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 Children
The law requires the Secretary to
issue interim final rules on the transfer
of children in foster care under a State
PO 00000
Frm 00045
Fmt 4703
Sfmt 4703
10921
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 the children maintain their
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
rulemaking. Because the law requires us
to promulgate interim final regulations
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 in
consultation with Indian Tribes, Tribal
organizations, Tribal consortia, and
affected States we will hold in-person
Tribal consultation meetings to discuss
these topics. Affected States may submit
written comments on these issues.
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
the title IV–E program for directlyfunded Tribes should be in regulations?
E:\FR\FM\13MRN1.SGM
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10922
Federal Register / Vol. 74, No. 48 / Friday, March 13, 2009 / Notices
• 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 the
representatives of Federally recognized
Tribes to attend consultation meetings
that will be held across the United
States 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:
sroberts on PROD1PC70 with NOTICES
Thursday, March 26, 2009—Region V
Park Plaza Bloomington Hotel, 4460
West 78th Street Circle, Bloomington,
MN 55435.
Region includes: Illinois, Indiana,
Michigan, Minnesota, Ohio and
Wisconsin.
Contact: Carolyn Wilson-Hurey, CB
Regional Program Manager, phone (312)
VerDate Nov<24>2008
17:55 Mar 12, 2009
Jkt 217001
353–4237 or e-mail carolyn.wilsonhurey@acf.hhs.gov.
Friday, March 27, 2009—Region VII
Federal Office Building, 601 E 12th
Street, Kansas City, MO 64106.
Region includes: Iowa, Kansas,
Missouri and Nebraska.
Contact: Rosalyn Wilson, CB Regional
Program Manager, phone (816) 426–
2262 or e-mail
rosalyn.wilson@acf.hhs.gov.
Thursday, April 9, 2009—Region X
2201 Sixth Avenue, Seattle, WA
98121–1827.
Region includes: Alaska, Idaho,
Oregon and Washington.
Contact: John Henderson, CB Regional
Program Manager, phone (206) 615–
2482 or e-mail
john.henderson@acf.hhs.gov.
Friday, April 17, 2009—Region VIII
Byron Rogers Federal Building, 1961
Stout Street, Denver, CO 80294.
Region includes: Colorado, Montana,
North Dakota, South Dakota, Utah and
Wyoming.
Contact: Marilyn Kennerson, CB
Regional Program Manager, phone (303)
844–3100 or e-mail
marilyn.kennerson@acf.hhs.gov.
Monday, April 27, 2009—Region IX
90 7th Street—Conf. Rm. B040 and
B020, San Francisco, CA 94103.
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.
Contact: Sally Flanzer, CB Regional
Program Manager, phone (415) 437–
8400 or e-mail
sally.flanzer@acf.hhs.gov.
Thursday, April 30, 2009—Region VI
1301 Young Street, Room 1119,
Dallas, TX 75202.
Region includes: Arkansas, Louisiana,
New Mexico, Oklahoma and Texas.
Contact: June Lloyd, CB Regional
Program Manager, phone (214) 767–
8466 or e-mail june.lloyd@acf.hhs.gov.
Wednesday, May 13, 2009—Regions I, II
& IV
Semi-Annual meeting of the United
Southern and Eastern Tribes.
Paragon Casino Resort Hotel, 711
Paragon Place, Marksville, LA 71351.
Region I includes: Connecticut,
Maine, Massachusetts, New Hampshire,
Rhode Island, and Vermont.
Contact: Bob Cavanaugh, CB Regional
Program Manager, phone (617) 565–
1020 or e-mail
bob.cavanaugh@acf.hhs.gov.
PO 00000
Frm 00046
Fmt 4703
Sfmt 4703
Region II includes: New Jersey, New
York, Puerto Rico and the Virgin
Islands.
Contact: Junius Scott, CB Regional
Program Manager, phone (212) 264–
2890 or e-mail junius.scott@acf.hhs.gov.
Region IV includes: Alabama,
Mississippi, Florida, North Carolina,
Georgia, South Carolina, Kentucky and
Tennessee.
Contact: Ruth Walker, CB Regional
Program Manager, phone (404) 562–
2901 or e-mail ruth.walker@acf.hhs.gov.
Dated: March 9, 2009.
Curtis Coy,
Acting Assistant Secretary for
Administration.
[FR Doc. E9–5505 Filed 3–12–09; 8:45 am]
BILLING CODE 4184–01–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Administration for Children and
Families
State Median Income Estimate for a
Four-Person Family: Notice of the
Federal Fiscal Year (FFY) 2010 State
Median Income Estimates for Use
Under the Low Income Home Energy
Assistance Program (LIHEAP) (Catalog
of Federal Domestic Assistance
Number 93.568) Administered by the
U.S. Department of Health and Human
Services (HHS), Administration for
Children and Families, Office of
Community Services, Division of
Energy Assistance
AGENCY: Administration for Children
and Families, Office of Community
Services, Division of Energy Assistance,
HHS.
ACTION: Notice of State median income
estimates for FFY 2010.
SUMMARY: This notice announces to
LIHEAP grantees the estimated median
income of four-person families in each
State and the District of Columbia for
FFY 2010 (October 1, 2009, to
September 30, 2010). LIHEAP grantees
that choose to base their income
eligibility criteria on these State median
income estimates may adopt these
estimates (up to 60 percent) on the
estimates’ date of publication in the
Federal Register or on a later date as
discussed below. This enables these
grantees to implement this notice during
the period between the heating and
cooling seasons.
However, by October 1, 2009, or the
beginning of the grantees’ fiscal years,
whichever is later, these grantees must
adjust their income eligibility criteria so
that such criteria are in accord with the
E:\FR\FM\13MRN1.SGM
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]]>Agencies
[Federal Register Volume 74, Number 48 (Friday, March 13, 2009)]
[Notices]
[Pages 10920-10922]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-5505]
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Administration for Children and Families
Request for Public Comment Concerning Requirements 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: Department of Health and Human Services, Administration for
Children and Families, Administration on Children, Youth and Families.
ACTION: 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 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 specifically the affected States and to 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 May 12, 2009. Please see
SUPPLEMENTARY INFORMATION for additional details on the Tribal
consultation meetings.
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.
[[Page 10921]]
E-mail: CBComments@acf.hhs.gov. Please include ``Request
for Public Comment on Tribal IV-E Requirements'' 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 Ave., 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 Adoptions 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 (hereafter, ``States'') 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 that 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:
Secretarial 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 1355 and 1356 or incorporated by
cross-reference, except to the extent that such regulations either have
been superseded by Public Law 110-351 or are not applicable at this
time to directly-funded Tribes (e.g., regulations requiring 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 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 the children maintain
their 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 rulemaking. Because the law requires us to
promulgate interim final regulations 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 in consultation with Indian Tribes, Tribal
organizations, Tribal consortia, and affected States we will hold in-
person Tribal consultation meetings to discuss these topics. Affected
States may submit written comments on these issues. 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 the
title IV-E program for directly-funded Tribes should be in regulations?
[[Page 10922]]
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 the representatives of Federally
recognized Tribes to attend consultation meetings that will be held
across the United States 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, March 26, 2009--Region V
Park Plaza Bloomington Hotel, 4460 West 78th Street Circle,
Bloomington, MN 55435.
Region includes: Illinois, Indiana, Michigan, Minnesota, Ohio and
Wisconsin.
Contact: Carolyn Wilson-Hurey, CB Regional Program Manager, phone
(312) 353-4237 or e-mail carolyn.wilson-hurey@acf.hhs.gov.
Friday, March 27, 2009--Region VII
Federal Office Building, 601 E 12th Street, Kansas City, MO 64106.
Region includes: Iowa, Kansas, Missouri and Nebraska.
Contact: Rosalyn Wilson, CB Regional Program Manager, phone (816)
426-2262 or e-mail rosalyn.wilson@acf.hhs.gov.
Thursday, April 9, 2009--Region X
2201 Sixth Avenue, Seattle, WA 98121-1827.
Region includes: Alaska, Idaho, Oregon and Washington.
Contact: John Henderson, CB Regional Program Manager, phone (206)
615-2482 or e-mail john.henderson@acf.hhs.gov.
Friday, April 17, 2009--Region VIII
Byron Rogers Federal Building, 1961 Stout Street, Denver, CO 80294.
Region includes: Colorado, Montana, North Dakota, South Dakota,
Utah and Wyoming.
Contact: Marilyn Kennerson, CB Regional Program Manager, phone
(303) 844-3100 or e-mail marilyn.kennerson@acf.hhs.gov.
Monday, April 27, 2009--Region IX
90 7th Street--Conf. Rm. B040 and B020, San Francisco, CA 94103.
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.
Contact: Sally Flanzer, CB Regional Program Manager, phone (415)
437-8400 or e-mail sally.flanzer@acf.hhs.gov.
Thursday, April 30, 2009--Region VI
1301 Young Street, Room 1119, Dallas, TX 75202.
Region includes: Arkansas, Louisiana, New Mexico, Oklahoma and
Texas.
Contact: June Lloyd, CB Regional Program Manager, phone (214) 767-
8466 or e-mail june.lloyd@acf.hhs.gov.
Wednesday, May 13, 2009--Regions I, II & IV
Semi-Annual meeting of the United Southern and Eastern Tribes.
Paragon Casino Resort Hotel, 711 Paragon Place, Marksville, LA
71351.
Region I includes: Connecticut, Maine, Massachusetts, New
Hampshire, Rhode Island, and Vermont.
Contact: Bob Cavanaugh, CB Regional Program Manager, phone (617)
565-1020 or e-mail bob.cavanaugh@acf.hhs.gov.
Region II includes: New Jersey, New York, Puerto Rico and the
Virgin Islands.
Contact: Junius Scott, CB Regional Program Manager, phone (212)
264-2890 or e-mail junius.scott@acf.hhs.gov.
Region IV includes: Alabama, Mississippi, Florida, North Carolina,
Georgia, South Carolina, Kentucky and Tennessee.
Contact: Ruth Walker, CB Regional Program Manager, phone (404) 562-
2901 or e-mail ruth.walker@acf.hhs.gov.
Dated: March 9, 2009.
Curtis Coy,
Acting Assistant Secretary for Administration.
[FR Doc. E9-5505 Filed 3-12-09; 8:45 am]
BILLING CODE 4184-01-P
