[Code of Federal Regulations]

[Title 45, Volume 4]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 45CFR1356.60]



[Page 315-316]

 

                        TITLE 45--PUBLIC WELFARE

 

CHAPTER XIII--OFFICE OF HUMAN DEVELOPMENT SERVICES, DEPARTMENT OF HEALTH 

                           AND HUMAN SERVICES

 

PART 1356_REQUIREMENTS APPLICABLE TO TITLE IV-E--Table of Contents

 

Sec. 1356.60  Fiscal requirements (title IV-E).



    (a) Federal matching funds for foster care maintenance and adoption 

assistance payments. (1) Effective October 1, 1980, Federal financial 

participation (FFP) is available to States under an approved title IV-E 

State plan for allowable costs in expenditures for:

    (i) Foster care maintenance payments as defined in section 475(4) of 

the Act, made in accordance with 45 CFR 1356.20 through 1356.30 of this 

part, section 472 of the Act and section 102(d) of Pub. L. 96-272, the 

Adoption Assistance and Child Welfare Act of 1980;

    (ii) Adoption assistance payments made in accordance with 45 CFR 

1356.20 and 1356.40 and sections 473 and 475(3) of the Act.

    (2) Federal financial participation is available at the rate of the 

Federal medical assistance percentage as defined in section 1905(b) of 

the Act, Definitions, and pertinent regulations as promulgated by the 

Secretary, or his designee.

    (b) Federal matching funds for State and local training for foster 

care and adoption assistance under title IV-E.

    (1) Federal financial participation is available at the rate of 

seventy-five percent (75%) in the costs of:

    (i) Training personnel employed or preparing for employment by the 

State or local agency administering the plan, and;

    (ii) Providing short-term training (including travel and per diem 

expenses) to current or prospective foster or adoptive parents and the 

members of the state licensed or approved child care institutions 

providing care to foster and adopted children receiving title IV-E 

assistance.

    (2) All training activities and costs funded under title IV-E shall 

be included in the State agency's training plan for title IV-B.

    (3) Short and long term training at educational institutions and in-

service training may be provided in accordance with the provisions of 

Sec. Sec. 235.63 through 235.66(a) of this title.

    (c) Federal matching funds for other State and local administrative 

expenditures for foster care and adoption assistance under title IV-E. 

Federal financial participation is available at the rate of



[[Page 316]]



fifty percent (50%) for administrative expenditures necessary for the 

proper and efficient administration of the title IV-E State plan. The 

State's cost allocation plan shall identify which costs are allocated 

and claimed under this program.

    (1) The determination and redetermination of eligibility, fair 

hearings and appeals, rate setting and other costs directly related only 

to the administration of the foster care program under this part are 

deemed allowable administrative costs under this paragraph. They may not 

be claimed under any other section or Federal program.

    (2) The following are examples of allowable administrative costs 

necessary for the administration of the foster care program:

    (i) Referral to services;

    (ii) Preparation for and participation in judicial determinations;

    (iii) Placement of the child;

    (iv) Development of the case plan;

    (v) Case reviews;

    (vi) Case management and supervision;

    (vii) Recruitment and licensing of foster homes and institutions;

    (viii) Rate setting; and

    (ix) A proportionate share of related agency overhead.

    (x) Costs related to data collection and reporting.

    (3) Allowable administrative costs do not include the costs of 

social services provided to the child, the child's family or foster 

family which provide counseling or treatment to ameliorate or remedy 

personal problems, behaviors or home conditions.

    (d) Cost of the data collection system. (1) Costs related to data 

collection system initiation, implementation and operation may be 

charged as an administrative cost of title IV-E at the 50 percent 

matching rate subject to the restrictions in paragraph (d) (2) of this 

section

    (2) For information systems used for purposes other than those 

specified by section 479 of the Act, costs must be allocated and must 

bear the same ratio as the foster care and adoption population bears to 

the total population contained in the information system as verified by 

reports from all other programs included in the system.

    (e) Federal matching funds for SACWIS. All expenditures of a State 

to plan, design, develop, install and operate the Statewide automated 

child welfare information system approved under Sec. 1355.52 of this 

chapter, shall be treated as necessary for the proper and efficient 

administration of the State plan without regard to whether the system 

may be used with respect to foster or adoptive children other than those 

on behalf of whom foster care maintenance or adoption assistance 

payments may be made under this part.



[47 FR 30925, July 15, 1982, as amended at 48 FR 23117, May 23, 1983; 53 

FR 50221, Dec. 14, 1988; 58 FR 67938, 67947, Dec. 22, 1993; 65 FR 4091, 

Jan. 25, 2000; 66 FR 58677, Nov. 23, 2001]