Children and Families Administration 2010 – Federal Register Recent Federal Regulation Documents

On November 5, 2009, President Obama signed the ``Memorandum for the Heads of Executive Departments and Agencies on Tribal Consultation.'' The President stated that his Administration is committed to regular and meaningful consultation and collaboration with tribal officials in policy decisions that have tribal implications, including, as an initial step, through complete and consistent implementation of Executive Order 13175. The United States has a unique legal and political relationship with Indian tribal governments, established through and confirmed by the Constitution of the United States, treaties, statutes, executive orders, and judicial decisions. In recognition of that special relationship, pursuant to Executive Order 13175 of November 6, 2000, executive departments and agencies are charged with engaging in regular and meaningful consultation and collaboration with tribal officials in the development of Federal policies that have tribal implications, and are responsible for strengthening the government-to-government relationship between the United States and Indian Tribes. The Department of Health and Human Services (HHS) has taken its responsibility to comply with Executive Order 13175 very seriously over the past decade, including the initial implementation of a Department- wide policy on tribal consultation and coordination in 1997, and through multiple evaluations and revisions of that policy, most recently in 2008. Many HHS agencies have already developed their own agency-specific consultation policies that complement the Department- wide efforts. Since 2005, the Administration for Children and Families (ACF) has been working under the guidance of the HHS policy issued in 2005, and updated in 2008. Due to the various programs administered by ACF and the many requests from Tribes for consultation for specific programs, as well as specific program mandates for tribal consultation, ACF has decided to create an ACF Tribal Consultation Policy to help ACF program and regional offices better engage Federally recognized Indian Tribes in the development or revision of policies, regulations, and proposed legislation that impact American Indians. ACF firmly believes that to create a good policy, ACF needs input from Tribes to ensure that ACF is meeting tribal needs and to establish a partnership that can carry into the future. ACF solicited membership for an ACF Tribal/Federal Workgroup to develop the initial draft policy. The Workgroup met August 23 and 24, 2010, in Washington, DC, and again in Minneapolis, Minnesota, on September 16 and 17, 2010. The draft was reviewed by tribal leaders attending the ACF Tribal Consultation Session held in Washington, DC on September 29, 2010, and the Workgroup met again to address the comments heard at the Tribal Consultation Session. ACF will convene the Tribal/Federal Workgroup again to review and address the comments received from this publication.

This notice announces that the Administration for Children and Families (ACF), Administration on Developmental Disabilities (ADD) has awarded a single-source grant to the Commonwealth Election Commission of Saipan, Commonwealth of the Northern Mariana Islands (CNMI). In 2002, Congress enacted the Help America Vote Act (HAVA) [(Pub. L. 107-252] as a means of improving the administration of elections for Federal office. CNMI did not participate in Federal elections prior to the enactment of the Consolidated Natural Resources Act of 2008 (Pub. L. 110-229). CNMI has now elected a non-voting Delegate to the U.S. House of Representatives. With its participation in Federal elections, CNMI's eligibility for funding under HAVA is now established and, to that end, ADD is funding this award for a project designed to (1) Explore accessibility of polling places; (2) provide training and technical assistance to election officials, poll workers, and election volunteers on the best methods to promote the access and participation of individuals with developmental disabilities in elections for Federal office; and (3) train voters on how to use voting equipment to include various voting machines to allow for equal opportunity for access and participation in the voting process.

This notice announces that the Administration for Children and Families (ACF), Administration on Developmental Disabilities (ADD) has awarded three single-source expansion supplements for data collection, analyses, and reporting. The following projects will be funded: The University of Colorado Health Sciences Center, Aurora, CO. This cooperative agreement will allow for data collection, analysis and reporting on spending and services for individuals with intellectual and developmental disabilities, including disaggregation of data related to specific demographic groups. The project will analyze and report on trends in utilization of and spending for institutional services and home and community-based services. Project staff will also participate in collaborative efforts with ADD and other data collection projects to review and report on unmet needs in data collection, analyses, and reporting activities that would promote the self- determination, independence, productivity, and integration and inclusion of people with intellectual and developmental disabilities in all facets of community life. The University of Massachusetts (Institute for Community Inclusion), Boston, MA. This cooperative agreement will provide for data collection and analyses related to the effectiveness of State agencies in promoting community integrated employment for individuals with intellectual and developmental disabilities. The project will collect data, analyze, and report on the employment and economic status of individuals with intellectual and developmental disabilities including disaggregation of data related to specific demographic groups. The project will also make recommendations related to the standardization of data and reporting of employment outcomes. Project staff will also participate in collaborative efforts with ADD and other data collection projects to review and report on unmet needs in data collection, analyses, and reporting activities that would promote the self-determination, independence, productivity, and integration and inclusion of people with intellectual and developmental disabilities in all facets of community life. The University of Minnesota (The Research and Training Center), Minneapolis, MN. This cooperative agreement will provide for data collection, analyses, and reporting of national and State statistics on public and private residential services for individuals with intellectual and developmental disabilities, including disaggregation of data related to specific demographic groups. The project will conduct analyses that describe the movement of individuals with intellectual and developmental disabilities from institutional to community settings. Project staff will also participate in collaborative efforts with ADD and other data collection projects to review and report on unmet needs in data collection, analyses, and reporting activities that would promote the self-determination, independence, productivity, and integration and inclusion of people with intellectual and developmental disabilities in all facets of community life. Contact for Further Information: Ophelia McLain, Supervisory Program Specialist, Administration on Developmental Disabilities, 370 L'Enfant Promenade, SW., Mail Stop: HHH-405D, Washington, DC 20447. Telephone: 202-690-7025 E-mail: ophelia.mclain@acf.hhs.gov.

The Administration for Children and Families (ACF), Office of Planning, Research and Evaluation (OPRE) announces the award of a single-source grant to Chapin Hall at the University of Chicago, Chicago, IL, to study the characteristics, dynamics, and context of the child-only Temporary Assistance for Needy Families (TANF) client population. Chapin Hall's application was received at ACF as an unsolicited proposal and underwent objective review on December 17, 2009, where the following criteria were applied: Objectives and Need for Assistance, Facilities and Resources, Cost, and Relevance to ACF. The Federal objective reviewers determined that the proposal evidenced a high technical quality, with well-qualified staff from respected institutions operating within a reasonable budget. Reviewers found that the proposal would add value compared to past research, through its focus on long-term child-only caseload dynamics, its use of State data, and its analysis of types of case that have not received as much attention in past research. The panel also pointed out that child- only cases are a high priority issue for ACF. The proposed project offers an updated and more detailed picture of the TANF child-only caseload, including the dynamics of client entry and exit from the caseload. It also provides a timely opportunity, in light of pending TANF reauthorization, to gather policy information about a vulnerable and important ACF client group. OPRE will administer the grant in collaboration with HHSOffice of the Assistant Secretary for Planning and Evaluation (ASPE).

The Administration for Children and Families (ACF), Children's Bureau (CB), announces the award of a single-source expansion supplement to the Child Welfare League of America, Arlington, VA, to support the provision of intensive technical assistance to States. The Child Welfare League of America is a recipient of a cooperative agreement to administer the National Resource Center for Child Welfare Data and Technology (NRC-CWDT) in order to ensure continued support to States in the development of the National Youth in Transition Database. The National Youth in Transition Database will assist States, Tribes, and courts to develop, implement and/or improve effective case management information systems, or data collection systems, and to use data to manage child welfare programs in order to improve outcomes for children, youth, and families. Section 477 of the Social Security Act authorizes the John H. Chafee Foster Care Independence Program (CFCIP) and the Chafee Education and Training Vouchers (ETV) program. It also requires the creation of a data collection and performance measurement system. The Federal regulation at 45 CFR 1356.80 establishes the National Youth in Transition Database (NYTD) implementing this provision. The NYTD regulation requires States to engage in two data collection activities: the collect of information on youth and the independent living services they receive that are paid for or provided by State agencies that administer the CFCIP and ETV programs and the collection of outcome information on certain youth in foster care. States must begin collecting NYTD data on October 1, 2010 and submit the first report period data to ACF by May 15, 2011. The supplemental funding will allow the NRC-CWDT to meet the increased demand for NYTD onsite technical assistance and sponsor regional meetings without reducing requested technical assistance from courts and Tribes in the areas of data collection and exchange.

The Administration for Children and Families (ACF), Children's Bureau (CB) announces the award of a single-source expansion supplement to the University of Oklahoma, National Resource Center for Youth Services, Tulsa, OK, to support expanded technical assistance to address emerging technical assistance needs for States and Tribes as they seek to implement legislation and changing programs dedicated to former foster youth. The grantee is the recipient of a cooperative agreement to administer the National Resource Center for Youth Development (NRCYD). The grantee has been providing technical assistance services through a cooperative agreement since September 30, 2009, pursuant to the legislative authority of the Promoting Safe and Stable Families Program, Section 435(d), Title IV-B, subpart 2, of the Social Security Act [42 U.S.C. 629e]. In February 2008, the National Youth in Transition Database (NYTD) final regulation was promulgated. NYTD requires States to begin collecting information from youth in foster care and young adults formerly in foster care every six months, beginning October 1, 2010. State representatives continue to identify implementation of NYTD as a significant challenge, particularly since it will require State agencies to remain in contact with youth who may no longer be receiving services from the agency. The implementation of NYTD over the next four years will require the NRCYD to continue to provide additional technical assistance to States to implement this regulation effectively. Additionally, many States see the implementation of NYTD as a method to engage youth and to strengthen youth involvement in services at the State and local level. This type of youth engagement work involves long-term systemic technical assistance. The expansion grant will allow the NRCYD to support these State initiatives over the long term. Another significant development affecting the provision of services to youth and young adults was the passage of the Fostering Connections to Success and Increasing Adoptions Act of 2008, Public Law 110-351, signed into law October 7, 2008. Among other provisions, the law added a provision requiring States to develop a transition plan for all youth emancipating from foster care. The law also provides States and Tribes an option to receive Federal reimbursement under title IV-E of the Social Security Act to extend foster care to older youth until age 21. In addition, the law for the first time provides an opportunity for certain Indian Tribes to receive direct funding for independent living services and education and training vouchers under the Chafee Foster Care Independence Program. The supplement will allow the NRCYD to provide more intensive technical assistance and on-site consultation to States and Tribes to continue to assist them in implementing these provisions.

The Administration for Children and Families (ACF), Children's Bureau (CB) announces the award of a single-source expansion supplement to the Tribal Law and Policy Institute, West Hollywood, CA, to provide more intensive technical assistance to Tribes. The Tribal Law and Policy Institute administers the National Resource Center for Tribes under a cooperative agreement where technical assistance is provided to Tribes to assist in building organizational capacity so that Tribes may operate their own foster care programs under title IV-E of the Social Security Act. Under the agreement, Tribal Law and Policy Institute identifies promising practices in Tribal child welfare systems, identifies and effectively implements community and culturally based strategies and resources that strengthen Tribal child and family services. The Fostering Connections to Success and Increasing Adoptions Act of 2008 (the Act) was amended in 2008 by the addition of Sec. 479B, which allows Indian Tribes the option to apply for Federal funding to support the administration of their own foster care, adoption assistance, and guardianship assistance programs under title IV-E of the Social Security Act (SSA). The Act was also amended at Sec. 476(c)(2)(iii) to allow Indian Tribes to receive one-time development grants to be used to offset the cost of developing a title IV-E plan to carry out the requirements of Sec. 479B. Supplemental funding will support Regional Roundtables and build Tribal capacity in the following areas: 1. Development of a presentation on the Social Security Act and title IV-E provisions that provide foster care and adoption service funds. The presentation will be developed to be responsive to the cultural issues and needs of the Tribal audience. 2. Training for Tribal caseworkers on title IV-E requirements in order to continue the eligibility and funding of IV-E eligible children. Caseworkers will be made aware of the provisions of Public Law 110-351 to insure that all appropriate services are provided to children in care. 3. Assistance in the development of training for appropriate foster care recruitment, and retention so that placement of title IV-E eligible children will be made with licensed foster/kin families. Training will emphasize the linkages between for Tribal leaders, child welfare and court staff in the licensing and maintaining of title I-VE eligibility when children are placed in foster care.

This regulation proposes to amend Head Start Program regulations to implement statutory provisions of the Improving Head Start for School Readiness Act of 2007 for establishing a system of designation renewal to determine if Head Start and Early Head Start agencies are delivering high-quality and comprehensive Head Start and Early Head Start programs that meet the educational, health, nutritional, and social needs of the children and families they serve, and meet program and financial management requirements and standards.

The Administration for Children and Families (ACF), Office of Community Services (OCS) has awarded an expansion supplement to National Association for State Community Services Programs (NASCSP), located in Washington, DC. The project is designed to support T/TA that strengthens the ability of the Community Action Network to comply with and carry out the programs funded by the American Recovery and Reinvestment Act of 2009 (ARRA). The project objective is to strengthen CSBG-eligible entity efforts related to benefits enrollment and coordination activities and asset development activities. It will do so by: (1) Assessing the CSBG Network's current benefits enrollment and coordination activities; (2) assessing the CSBG Network's asset development activities; and (3) identifying and promulgating exemplary practices in benefits enrollment and coordination activities and asset development activities. The project resources will promote accountability and help CSBG-eligible entities and States enhance the overall administration of ARRA-funded programs. These resources include issue briefs; congressional reports; a catalog of exemplary practices; webinars and/or conference calls; conference workshops focused on resources related to benefits enrollment and coordination activities and asset development activities; and online toolkit(s). The T/TA NASCSP will provide under this award is particularly critical at this time due to the large temporary increase in CSBG funding to CSBG- eligible entities and the need to ensure adherence to high standards of accountability and tracking of the funds and results. The activities funded by this expansion supplement expand upon prior activities provided by NASCSP under their cooperative agreement. A new grant award number will be issued to allow NASCSP to track and report separately on expenditures from funds made available by ARRA.

The Department of Health and Human Services (HHS), Administration for Children and Families (ACF) will host a tribal consultation to solicit input on the agency's draft tribal consultation policy.

Sections 474(a)(3)(C) and (D) of the Social Security Act (the Act) provide States with the opportunity to access additional funding through title IV-E to plan, design, develop, implement, and operate a Statewide Automated Child Welfare Information System (SACWIS). The regulations at 45 CFR 1355.50-1355.57 were established in response to this legislation and were issued on December 22, 1993.

This rule revises Federal requirements for establishing and enforcing intergovernmental support obligations in Child Support Enforcement (IV-D) program cases receiving services under title IV-D of the Social Security Act (the Act). This final rule revises previous interstate requirements to apply to case processing in all intergovernmental cases; requires the responding State IV-D agency to pay the cost of genetic testing; clarifies responsibility for determining in which State tribunal a controlling order determination is made where multiple support orders exist; recognizes and incorporates electronic communication advancements; and makes conforming changes to the Federal substantial compliance audit and State self-assessment requirements.

This notice announces the re-establishment of the Advisory Committee on Head Start Research and Evaluation. The Secretary is required by section 649(g)(1) of Public Law 92-463 to convene an expert committee to review and make recommendations on the design of the study or studies that provide national analysis of the impact of Head Start programs. This committee will also advise on the progress of the study, and comment, if so desired, on the interim and final study reports of the organization(s) selected for carrying out the independent research.

The Family and Youth Services Bureau (FYSB) is accepting applications for the Basic Center Program (BCP), which is

In accordance with the Privacy Act of 1974 (5 U.S.C. 522a), as amended, OCSE is publishing notice of a computer matching program between OCSE and State agencies administering unemployment compensation (UC) programs.

The following Notice of Public Comment is in response to Section 649(f) Sub-Section (3) of the 2007 Head Start School Readiness Act (the Act) requiring the Secretary to publish in the Federal Register a plan of how the Secretary will carry out section 649 Sub-Section (f) Sub-Paragraph (1) and shall provide a period for public comment.

This notice announces to LIHEAP grantees the estimated median income of four-person families in each State and the District of Columbia for FFY 2011 (October 1, 2010, to September 30, 2011). 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, 2010, 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 FFY 2011 State median income estimates.

In accordance with the Paperwork Reduction Act of 1995 (Pub. L. 104-13, May 22, 1995), this notice announces that the Administration for Children and Families (ACF), Office of Human Services Emergency Preparedness and Response (OHSEPR) intends to submit notice in the Federal Register for comments on the ACF Disaster Case Management Implementation Guide, dated December 2009.