80_FR_17119 80 FR 17058 - Notice for Public Comment on the Title IV-E Adoption Assistance Program's Suspension and Termination Policies

80 FR 17058 - Notice for Public Comment on the Title IV-E Adoption Assistance Program's Suspension and Termination Policies

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Administration for Children and Families

Federal Register Volume 80, Issue 61 (March 31, 2015)

Page Range17058-17059
FR Document2015-07389

In accordance with title IV-E of the Social Security Act (42 U.S.C. 673), the Children's Bureau (CB) announces the opportunity for public comment on our suspension and termination policies for the title IV-E adoption assistance program, articulated in the Child Welfare Policy Manual. We similarly announce the opportunity to provide public comment about any other policy areas of concern relating to the title IV-E adoption assistance program.

Federal Register, Volume 80 Issue 61 (Tuesday, March 31, 2015)
[Federal Register Volume 80, Number 61 (Tuesday, March 31, 2015)]
[Notices]
[Pages 17058-17059]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-07389]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Administration for Children and Families


Notice for Public Comment on the Title IV-E Adoption Assistance 
Program's Suspension and Termination Policies

AGENCY: Children's Bureau; Administration on Children, Youth and 
Families; ACF, HHS

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: In accordance with title IV-E of the Social Security Act (42 
U.S.C. 673), the Children's Bureau (CB) announces the opportunity for 
public comment on our suspension and termination policies for the title 
IV-E adoption assistance program, articulated in the Child Welfare 
Policy Manual. We similarly announce the opportunity to provide public 
comment about any other policy areas of concern relating to the title 
IV-E adoption assistance program.

DATES: Submit written or electronic comments on or before June 29, 
2015.

ADDRESSES: Interested persons may submit comments to http://www.regulations.gov/. We urge you to submit comments electronically to 
ensure they are received in a timely manner. Written comments may also 
be submitted to Kathleen McHugh, United States Department of Health and 
Human Services, Administration for Children and Families, Policy 
Division, 8th Floor, 1250 Maryland Avenue SW., Washington, DC 20024.

FOR FURTHER INFORMATION CONTACT: Kathleen McHugh, United States 
Department of Health and Human Services, Administration for Children 
and Families, Policy Division, 8th Floor, 1250 Maryland Avenue SW., 
Washington, DC 20024. Email address: [email protected].

SUPPLEMENTARY INFORMATION: The Social Security Act only permits a title 
IV-E agency to terminate a child or youth's title IV-E adoption 
assistance subsidy under three delineated circumstances: (1) The child 
has attained the age of 18, or the age that the agency has chosen 
pursuant to sec. 475(8)(B)(iii) and (iv) of the Social Security Act (or 
the age of 21 if the title IV-E agency has determined that the child 
has a mental or physical disability which would warrant continuation of 
assistance); (2) the title IV-E agency determines that the adoptive 
parents are no longer legally responsible for support of the child; or 
(3) the title IV-E agency determines that the adoptive parents are no 
longer providing any support to the child.
    CB has interpreted the law to prohibit a title IV-E agency from 
automatically suspending a title IV-E adoption assistance payment on 
the basis that suspending title IV-E adoption assistance is equivalent 
to terminating title IV-E adoption assistance. See Child Welfare Policy 
Manual, section 8.2D.5, Question and Answer #3 (available at http://www.acf.hhs.gov/cwpm/programs/cb/laws_policies/laws/cwpm/policy_dsp.jsp?citID=82#747).
    The statute also requires adoptive parents to keep the title IV-E 
agency apprised of any circumstances that would impact a child's 
continued eligibility for title IV-E adoption assistance, or would 
impact the appropriate amount of the payment. See the Social Security 
Act at sec. 473(a)(4)(B). However, the statute does not specify a 
recourse for title IV-E agencies if a parent does not provide such 
information. CB has explained in the Child Welfare Policy Manual that 
title IV-E agencies may not suspend or terminate title IV-E adoption 
assistance if adoptive parents do not respond to requests for 
information about whether the parents are providing any support to the 
child, or whether the adoptive parents remain legally responsible for 
their adopted child. See Child Welfare Policy Manual, section 8.2, 
Question and Answer #1 (http://www.acf.hhs.gov/cwpm/programs/cb/laws_policies/laws/cwpm/policy_dsp.jsp?citID=63).
    We seek comment from title IV-E agencies and other stakeholders 
about the title IV-E adoption assistance suspension and termination 
policies. We invite agencies and stakeholders to share their 
experiences and concerns about how title IV-E agencies implement the 
suspension and termination policies, and any difficulties they have had 
ensuring that they are paying title IV-E adoption assistance funds 
appropriately.
    In particular, we encourage respondents to address the following 
questions:
    (1) Should jurisdictions have authority to suspend adoption 
assistance payments under any circumstances? If so, what specific 
circumstances should be the basis for suspension?
    (2) If suspension was to be permitted, what processes should be 
required in connection with suspension, and what processes should be 
required for reinstatement?
    More generally, we invite title IV-E agencies and other 
stakeholders to share their broader concerns about the title IV-E 
adoption assistance program that are unrelated to suspending or

[[Page 17059]]

terminating adoption assistance payments.

    Dated: March 23, 2015.
Mark H. Greenberg,
Acting Assistant Secretary for Children and Families.
[FR Doc. 2015-07389 Filed 3-30-15; 8:45 am]
BILLING CODE 4184-29-P



                                                    17058                         Federal Register / Vol. 80, No. 61 / Tuesday, March 31, 2015 / Notices

                                                    and submission of NIR analytical                        DEPARTMENT OF HEALTH AND                                 CB has interpreted the law to prohibit
                                                    procedures.                                             HUMAN SERVICES                                        a title IV–E agency from automatically
                                                       This draft guidance only pertains to                                                                       suspending a title IV–E adoption
                                                                                                            Administration for Children and                       assistance payment on the basis that
                                                    the development and validation of NIR
                                                                                                            Families                                              suspending title IV–E adoption
                                                    analytical procedures and does not
                                                    provide recommendations concerning                                                                            assistance is equivalent to terminating
                                                                                                            Notice for Public Comment on the Title                title IV–E adoption assistance. See Child
                                                    the set up and qualification of NIR                     IV–E Adoption Assistance Program’s
                                                    instruments or their maintenance and                                                                          Welfare Policy Manual, section 8.2D.5,
                                                                                                            Suspension and Termination Policies                   Question and Answer #3 (available at
                                                    calibration.
                                                                                                            AGENCY: Children’s Bureau;                            http://www.acf.hhs.gov/cwpm/
                                                       This draft guidance is being issued                  Administration on Children, Youth and                 programs/cb/laws_policies/laws/cwpm/
                                                    consistent with FDA’s good guidance                     Families; ACF, HHS                                    policy_dsp.jsp?citID=82#747).
                                                    practices regulation (21 CFR 10.115).                   ACTION: Notice.                                          The statute also requires adoptive
                                                    The draft guidance, when finalized, will                                                                      parents to keep the title IV–E agency
                                                    represent the current thinking of FDA                   SUMMARY:     In accordance with title IV–E            apprised of any circumstances that
                                                    on the submission and development of                    of the Social Security Act (42 U.S.C.                 would impact a child’s continued
                                                    NIR analytical procedures. It does not                  673), the Children’s Bureau (CB)                      eligibility for title IV–E adoption
                                                    establish any rights for any person and                 announces the opportunity for public                  assistance, or would impact the
                                                    is not binding on FDA or the public.                    comment on our suspension and                         appropriate amount of the payment. See
                                                    You can use an alternative approach if                  termination policies for the title IV–E               the Social Security Act at sec.
                                                    it satisfies the requirements of the                    adoption assistance program, articulated              473(a)(4)(B). However, the statute does
                                                    applicable statutes and regulations.                    in the Child Welfare Policy Manual. We                not specify a recourse for title IV–E
                                                                                                            similarly announce the opportunity to                 agencies if a parent does not provide
                                                    II. The Paperwork Reduction Act of                      provide public comment about any                      such information. CB has explained in
                                                    1995                                                    other policy areas of concern relating to             the Child Welfare Policy Manual that
                                                                                                            the title IV–E adoption assistance                    title IV–E agencies may not suspend or
                                                      This guidance refers to previously
                                                                                                            program.                                              terminate title IV–E adoption assistance
                                                    approved collections of information that
                                                    are subject to review by the Office of                  DATES: Submit written or electronic                   if adoptive parents do not respond to
                                                    Management and Budget (OMB) under                       comments on or before June 29, 2015.                  requests for information about whether
                                                    the Paperwork Reduction Act of 1995                     ADDRESSES: Interested persons may                     the parents are providing any support to
                                                    (44 U.S.C. 3501–3520). The collections                  submit comments to http://                            the child, or whether the adoptive
                                                    of information in 21 CFR part 314 for                   www.regulations.gov/. We urge you to                  parents remain legally responsible for
                                                    NDAs, ANDAs, supplements to                             submit comments electronically to                     their adopted child. See Child Welfare
                                                    applications, and annual reports have                   ensure they are received in a timely                  Policy Manual, section 8.2, Question
                                                    been approved under OMB control                         manner. Written comments may also be                  and Answer #1 (http://www.acf.hhs.gov/
                                                    number 0910–0001.                                       submitted to Kathleen McHugh, United                  cwpm/programs/cb/laws_policies/laws/
                                                                                                            States Department of Health and Human                 cwpm/policy_dsp.jsp?citID=63).
                                                    III. Comments                                           Services, Administration for Children                    We seek comment from title IV–E
                                                                                                            and Families, Policy Division, 8th Floor,             agencies and other stakeholders about
                                                       Interested persons may submit either                 1250 Maryland Avenue SW.,                             the title IV–E adoption assistance
                                                    electronic comments regarding this                      Washington, DC 20024.                                 suspension and termination policies.
                                                    document to http://www.regulations.gov                                                                        We invite agencies and stakeholders to
                                                                                                            FOR FURTHER INFORMATION CONTACT:
                                                    or written comments to the Division of                                                                        share their experiences and concerns
                                                                                                            Kathleen McHugh, United States
                                                    Dockets Management (see ADDRESSES). It                  Department of Health and Human                        about how title IV–E agencies
                                                    is only necessary to send one set of                    Services, Administration for Children                 implement the suspension and
                                                    comments. Identify comments with the                    and Families, Policy Division, 8th Floor,             termination policies, and any
                                                    docket number found in brackets in the                  1250 Maryland Avenue SW.,                             difficulties they have had ensuring that
                                                    heading of this document. Received                      Washington, DC 20024. Email address:                  they are paying title IV–E adoption
                                                    comments may be seen in the Division                    cbcomments@acf.hhs.gov.                               assistance funds appropriately.
                                                    of Dockets Management between 9 a.m.                                                                             In particular, we encourage
                                                                                                            SUPPLEMENTARY INFORMATION: The Social
                                                    and 4 p.m., Monday through Friday, and                  Security Act only permits a title IV–E                respondents to address the following
                                                    will be posted to the docket at http://                 agency to terminate a child or youth’s                questions:
                                                    www.regulations.gov.                                    title IV–E adoption assistance subsidy                   (1) Should jurisdictions have
                                                    IV. Electronic Access                                   under three delineated circumstances:                 authority to suspend adoption
                                                                                                            (1) The child has attained the age of 18,             assistance payments under any
                                                      Persons with access to the Internet                   or the age that the agency has chosen                 circumstances? If so, what specific
                                                    may obtain the document at either                       pursuant to sec. 475(8)(B)(iii) and (iv) of           circumstances should be the basis for
                                                    http://www.fda.gov/Drugs/                               the Social Security Act (or the age of 21             suspension?
                                                    GuidanceCompliance                                      if the title IV–E agency has determined                  (2) If suspension was to be permitted,
                                                    RegulatoryInformation/Guidances/                        that the child has a mental or physical               what processes should be required in
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                    default.htm or http://                                  disability which would warrant                        connection with suspension, and what
                                                    www.regulations.gov.                                    continuation of assistance); (2) the title            processes should be required for
                                                      Dated: March 25, 2015.                                IV–E agency determines that the                       reinstatement?
                                                                                                            adoptive parents are no longer legally                   More generally, we invite title IV–E
                                                    Leslie Kux,
                                                                                                            responsible for support of the child; or              agencies and other stakeholders to share
                                                    Associate Commissioner for Policy.                      (3) the title IV–E agency determines that             their broader concerns about the title
                                                    [FR Doc. 2015–07266 Filed 3–30–15; 8:45 am]             the adoptive parents are no longer                    IV–E adoption assistance program that
                                                    BILLING CODE 4164–01–P                                  providing any support to the child.                   are unrelated to suspending or


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                                                                                  Federal Register / Vol. 80, No. 61 / Tuesday, March 31, 2015 / Notices                                             17059

                                                    terminating adoption assistance                         Federal agencies to comment on                        4.38, 4.84, 4.85, 4.86, 4.91, 4.93 and 4.99
                                                    payments.                                               proposed and/or continuing information                and is accessible at: http://
                                                      Dated: March 23, 2015.                                collections pursuant to the Paperwork                 www.cbp.gov/sites/default/files/
                                                    Mark H. Greenberg,                                      Reduction Act of 1995 (Pub. L. 104–13;                documents/
                                                                                                            44 U.S.C. 3507). The comments should                  CBP%20Form%201302_0.pdf.
                                                    Acting Assistant Secretary for Children and
                                                    Families.                                               address: (a) Whether the collection of                  CBP Form 1302A: The master or
                                                                                                            information is necessary for the proper               commander of a vessel departing from
                                                    [FR Doc. 2015–07389 Filed 3–30–15; 8:45 am]
                                                                                                            performance of the functions of the                   the United States must file CBP Form
                                                    BILLING CODE 4184–29–P
                                                                                                            agency, including whether the                         1302A, Cargo Declaration Outward With
                                                                                                            information shall have practical utility;             Commercial Forms, or CBP-approved
                                                                                                            (b) the accuracy of the agency’s                      electronic equivalent, with copies of
                                                    DEPARTMENT OF HOMELAND                                  estimates of the burden of the collection             bills of lading or equivalent commercial
                                                    SECURITY                                                of information; (c) ways to enhance the               documents relating to all cargo
                                                                                                            quality, utility, and clarity of the                  encompassed by the manifest. This form
                                                    U.S. Customs and Border Protection
                                                                                                            information to be collected; (d) ways to              and/or electronic equivalent, is
                                                    [1651–0001]                                             minimize the burden, including the use                provided for by 19 CFR 4.62, 4.63, 4.75,
                                                                                                            of automated collection techniques or                 4.82, and 4.87–4.89 and is accessible at:
                                                    Agency Information Collection                           the use of other forms of information                 http://www.cbp.gov/sites/default/files/
                                                    Activities: Cargo Manifest/Declaration,                 technology; and (e) the annual costs                  documents/
                                                    Stow Plan, Container Status Messages                    burden to respondents or record keepers               CBP%20Form%201302_0.pdf.
                                                    and Importer Security Filing                            from the collection of information (total               Electronic Ocean Export Manifest:
                                                    AGENCY:  U.S. Customs and Border                        capital/startup costs and operations and              CBP will begin a pilot in 2015 to
                                                    Protection, Department of Homeland                      maintenance costs). The comments that                 electronically collect ocean export
                                                    Security.                                               are submitted will be summarized and                  manifest information. This information
                                                    ACTION: 60-Day notice and request for
                                                                                                            included in the CBP request for OMB                   will be transmitted to CBP in advance
                                                    comments; revision and extension of an                  approval. All comments will become a                  via the Automated Export System (AES)
                                                    existing collection of information.                     matter of public record. In this                      within the Automated Commercial
                                                                                                            document, CBP is soliciting comments                  Environment (ACE). The data elements
                                                    SUMMARY:   U.S. Customs and Border                      concerning the following information                  to be transmitted may include the
                                                    Protection (CBP) of the Department of                   collection:                                           following:
                                                    Homeland Security will be submitting                       Title: Cargo Manifest/Declaration,                   • Name of the vessel or carrier
                                                    the following information collection                    Stow Plan, Container Status Messages                    • Name and address of the shipper
                                                    request to the Office of Management and                 and Importer Security Filing.                           • Port Where the Report is Made
                                                    Budget (OMB) for review and approval                       OMB Number: 1651–0001.                               • Nationality of the Ship
                                                    in accordance with the Paperwork                           Form Numbers: Forms 1302, 1302A,                     • Name of the Master
                                                    Reduction Act: Cargo Manifest/                          7509, 7533.                                             • Port of Loading
                                                    Declaration, Stow Plan, Container Status                   Abstract: This OMB approval                          • Port of Discharge
                                                    Messages and Importer Security Filing.                  includes the following existing                         • B/L Number (Master and House)
                                                    CBP is proposing to add burden hours                    information collections: CBP Form 1302                  • Marks and Numbers
                                                    for four new collections of information,                (or electronic equivalent); CBP Form                    • Container numbers
                                                    including Electronic Ocean Export                       1302A (or electronic equivalent); CBP                   • Seal Numbers
                                                    Manifest, Electronic Air Export                         Form 7509 (or electronic equivalent);                   • Number and Kinds of Packages
                                                    Manifest, Electronic Rail Export                        CBP Form 7533 (or electronic                            • Description of Goods
                                                    Manifest, and Vessel Stow Plan                          equivalent); Manifest Confidentiality;                  • Gross Weight (lb. or kg)
                                                    (Export). There are no changes to the                   Vessel Stow Plan (Import); Container                    • Measurement (per HTSUS)
                                                    existing forms or collections within this               Status Messages; and Importer Security                  • In-bond number
                                                    OMB approval. This document is                          Filing. CBP is proposing to add new                     • AES ITN number or Exemption
                                                    published to obtain comments from the                   information collections for Electronic                statement
                                                    public and affected agencies.                           Ocean Export Manifest; Electronic Air                   • Split shipment indicator
                                                                                                            Export Manifest; Electronic Rail Export                 • Port of split shipment
                                                    DATES: Written comments should be
                                                                                                            Manifest; and Vessel Stow Plan                          • Hazmat Indicator
                                                    received on or before June 1, 2015 to be                (Export). Specific information regarding                • Chemical Abstract Service ID
                                                    assured of consideration.                               these collections of information is as                Number
                                                    ADDRESSES: Direct all written comments                  follows:                                                • Vehicle Identification Number or
                                                    to U.S. Customs and Border Protection,                     CBP Form 1302: The master or                       Product Identification Number
                                                    Attn: Tracey Denning, Regulations and                   commander of a vessel arriving in the                   • Mode of transportation
                                                    Rulings, Office of International Trade,                 United States from abroad with cargo on               (containerized or non-containerized)
                                                    90 K Street NE., 10th Floor, Washington,                board must file CBP Form 1302, Inward                   CBP Form 7509: The aircraft
                                                    DC 20229–1177.                                          Cargo Declaration, or submit the                      commander or agent must file Form
                                                    FOR FURTHER INFORMATION CONTACT:                        information on this form using a CBP-                 7509, Air Cargo Manifest, with CBP at
                                                    Requests for additional information                     approved electronic equivalent. CBP                   the departure airport, or respondents
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                    should be directed to Tracey Denning,                   Form 1302 is part of the manifest                     may submit the information on this
                                                    U.S. Customs and Border Protection,                     requirements for vessels entering the                 form using a CBP-approved electronic
                                                    Regulations and Rulings, Office of                      United States and was agreed upon by                  equivalent. CBP Form 7509 contains
                                                    International Trade, 90 K Street NE.,                   treaty at the United Nations Inter-                   information about the cargo onboard the
                                                    10th Floor, Washington, DC 20229–                       government Maritime Consultative                      aircraft. This form, and/or electronic
                                                    1177, at 202–325–0265.                                  Organization (IMCO). This form and/or                 equivalent, is provided for by 19 CFR
                                                    SUPPLEMENTARY INFORMATION: CBP                          electronic equivalent, is provided for by             122.35, 122.48, 122.48a, 122.52, 122.54,
                                                    invites the general public and other                    19 CFR 4.5, 4.7, 4.7a, 4.8, 4.33, 4.34,               122.73, 122.113, and 122.118, and is


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Document Created: 2015-12-18 11:48:02
Document Modified: 2015-12-18 11:48:02
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
DatesSubmit written or electronic comments on or before June 29, 2015.
ContactKathleen McHugh, United States Department of Health and Human Services, Administration for Children and Families, Policy Division, 8th Floor, 1250 Maryland Avenue SW.,
FR Citation80 FR 17058 

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