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)

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, 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.

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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]
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