80_FR_17776 80 FR 17713 - Adoption and Foster Care Analysis and Reporting System

80 FR 17713 - Adoption and Foster Care Analysis and Reporting System

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Administration for Children and Families

Federal Register Volume 80, Issue 63 (April 2, 2015)

Page Range17713-17713
FR Document2015-07574

On February 9, 2015, the Administration for Children and Families (ACF) published a Notice of Proposed Rulemaking (NPRM) to amend the Adoption and Foster Care Analysis and Reporting System (AFCARS) regulations to modify the requirements for title IV-E agencies to collect and report data to ACF on children in out-of-home care and who were adopted or in a legal guardianship with a title IV-E subsidized adoption or guardianship agreement. However, we did not propose that title IV-E agencies report data in AFCARS on American Indian and Alaskan Native children related to the Indian Child Welfare Act of 1978 (ICWA). In this notice, we are announcing that we intend to publish a supplemental notice of proposed rulemaking (SNPRM), which will propose that title IV-E agencies collect and report additional ICWA-related data elements in AFCARS. We will consider the public comments on that SNPRM (related to ICWA-related data elements) and the February 9, 2015 NPRM (related to all other data elements) and issue one final rule on AFCARS.

Federal Register, Volume 80 Issue 63 (Thursday, April 2, 2015) 
[Federal Register Volume 80, Number 63 (Thursday, April 2, 2015)]
[Proposed Rules]
[Page 17713]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-07574]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Administration for Children and Families

45 CFR Part 1355


Adoption and Foster Care Analysis and Reporting System

AGENCY: Administration on Children, Youth and Families (ACYF), 
Administration for Children and Families (ACF), Department of Health 
and Human Services (HHS).

ACTION: Intent to publish a supplemental notice of proposed rulemaking.

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SUMMARY: On February 9, 2015, the Administration for Children and 
Families (ACF) published a Notice of Proposed Rulemaking (NPRM) to 
amend the Adoption and Foster Care Analysis and Reporting System 
(AFCARS) regulations to modify the requirements for title IV-E agencies 
to collect and report data to ACF on children in out-of-home care and 
who were adopted or in a legal guardianship with a title IV-E 
subsidized adoption or guardianship agreement. However, we did not 
propose that title IV-E agencies report data in AFCARS on American 
Indian and Alaskan Native children related to the Indian Child Welfare 
Act of 1978 (ICWA). In this notice, we are announcing that we intend to 
publish a supplemental notice of proposed rulemaking (SNPRM), which 
will propose that title IV-E agencies collect and report additional 
ICWA-related data elements in AFCARS. We will consider the public 
comments on that SNPRM (related to ICWA-related data elements) and the 
February 9, 2015 NPRM (related to all other data elements) and issue 
one final rule on AFCARS.

DATES: Effective April 2, 2015, ACF announces its intent to issue a 
SNPRM.

FOR FURTHER INFORMATION CONTACT: Kathleen McHugh, Children's Bureau, 
Administration on Children, Youth and Families, (202) 401-5789 or by 
email at cbcomments@acf.hhs.gov. Do not email comments on the NPRM to 
this address.

SUPPLEMENTARY INFORMATION: The Children's Bureau (CB) issued a Notice 
of Proposed Rulemaking (NPRM) on February 9, 2015 (80 FR 7132) 
(hereafter referred to as the 2015 NPRM) to modify the requirements for 
title IV-E agencies to collect and report data to ACF on children in 
out-of-home care and who were adopted or in a legal guardianship with a 
title IV-E subsidized adoption or guardianship agreement with the title 
IV-E agency. In that NPRM, we proposed to revise and update the AFCARS 
regulations at 45 CFR 1355.40 et seq. and the appendices to part 1355. 
However, we did not propose data elements that would provide 
information in AFCARS on American Indian and Alaskan Native children 
related to the Indian Child Welfare Act of 1978 (25 U.S.C. 1901 et 
seq.) (ICWA).
    We received comments to a previous NPRM and on a Federal Register 
Notice recommending data elements to address ICWA requirements. In the 
Tribal Consultation Statement section of the preamble to the 2015 NPRM, 
we acknowledged that we received comments asking for additional data 
elements that would address ICWA requirements and provide a 
comprehensive picture of the well-being of tribal children including: 
identifying whether a child is a member of an Indian tribe and the name 
of the Indian tribe, tribal notification, whether a tribal title IV-E 
agency intervened in a state title IV-E agency case, cultural 
activities that the child is participating in while away from his or 
her parents, judicial findings of active efforts, and preferential 
treatment for tribal placement resources. However, we did not propose 
in the 2015 NPRM to collect information related to ICWA because the 
enabling statute for AFCARS (section 479 of the Social Security Act 
(the Act)) had been interpreted as limiting data collection to 
information related to the title IV-B and IV-E program requirements.
    Upon further consideration following the publication of the 2015 
NPRM, we have determined that there is authority under the statute 
(section 479(c) of the Act) to collect ICWA-related data in AFCARS. 
Specifically, the statute permits broader data collection in order to 
assess the current state of adoption and foster care programs in 
general, as well as to develop future national policies concerning 
those programs. However, the statute includes limits on this broad 
interpretation of section 479 of the Act that we must take into 
consideration when contemplating collecting data related to ICWA in 
AFCARS, including: data collected under AFCARS must avoid an 
unnecessary diversion of resources from child welfare agencies (see 
section 479(c)(1) of the Act) and must assure the reliability and 
consistency of the data (see section 479(c)(2) of the Act).

    Dated: March 25, 2015.
Mark H. Greenberg,
Acting Assistant Secretary for Children and Families.
[FR Doc. 2015-07574 Filed 4-1-15; 8:45 am]
 BILLING CODE 4184-01-P

Federal Register / Vol. 80, No. 63 / Thursday, April 2, 2015 / Proposed Rules 17713 Dated: March 13, 2015. elements in AFCARS. We will consider Indian tribe and the name of the Indian William C. Early, the public comments on that SNPRM tribe, tribal notification, whether a tribal Acting Regional Administrator, Region III. (related to ICWA-related data elements) title IV–E agency intervened in a state [FR Doc. 2015–07371 Filed 4–1–15; 8:45 am] and the February 9, 2015 NPRM (related title IV–E agency case, cultural activities BILLING CODE 6560–50–P to all other data elements) and issue one that the child is participating in while final rule on AFCARS. away from his or her parents, judicial DATES: Effective April 2, 2015, ACF findings of active efforts, and DEPARTMENT OF HEALTH AND announces its intent to issue a SNPRM. preferential treatment for tribal HUMAN SERVICES FOR FURTHER INFORMATION CONTACT: placement resources. However, we did Kathleen McHugh, Children’s Bureau, not propose in the 2015 NPRM to collect Administration for Children and Administration on Children, Youth and information related to ICWA because Families Families, (202) 401–5789 or by email at the enabling statute for AFCARS cbcomments@acf.hhs.gov. Do not email (section 479 of the Social Security Act 45 CFR Part 1355 comments on the NPRM to this address. (the Act)) had been interpreted as SUPPLEMENTARY INFORMATION: The limiting data collection to information Adoption and Foster Care Analysis Children’s Bureau (CB) issued a Notice related to the title IV–B and IV–E and Reporting System of Proposed Rulemaking (NPRM) on program requirements. AGENCY: Administration on Children, February 9, 2015 (80 FR 7132) (hereafter Upon further consideration following Youth and Families (ACYF), referred to as the 2015 NPRM) to modify the publication of the 2015 NPRM, we Administration for Children and the requirements for title IV–E agencies have determined that there is authority Families (ACF), Department of Health to collect and report data to ACF on under the statute (section 479(c) of the and Human Services (HHS). children in out-of-home care and who Act) to collect ICWA-related data in ACTION: Intent to publish a supplemental were adopted or in a legal guardianship with a title IV–E subsidized adoption or AFCARS. Specifically, the statute notice of proposed rulemaking. permits broader data collection in order guardianship agreement with the title SUMMARY: On February 9, 2015, the IV–E agency. In that NPRM, we to assess the current state of adoption Administration for Children and proposed to revise and update the and foster care programs in general, as Families (ACF) published a Notice of AFCARS regulations at 45 CFR 1355.40 well as to develop future national Proposed Rulemaking (NPRM) to amend et seq. and the appendices to part 1355. policies concerning those programs. the Adoption and Foster Care Analysis However, we did not propose data However, the statute includes limits on and Reporting System (AFCARS) elements that would provide this broad interpretation of section 479 regulations to modify the requirements information in AFCARS on American of the Act that we must take into for title IV–E agencies to collect and Indian and Alaskan Native children consideration when contemplating report data to ACF on children in out- related to the Indian Child Welfare Act collecting data related to ICWA in of-home care and who were adopted or of 1978 (25 U.S.C. 1901 et seq.) (ICWA). AFCARS, including: data collected in a legal guardianship with a title IV– We received comments to a previous under AFCARS must avoid an E subsidized adoption or guardianship NPRM and on a Federal Register Notice unnecessary diversion of resources from agreement. However, we did not recommending data elements to address child welfare agencies (see section propose that title IV–E agencies report ICWA requirements. In the Tribal 479(c)(1) of the Act) and must assure the data in AFCARS on American Indian Consultation Statement section of the reliability and consistency of the data and Alaskan Native children related to preamble to the 2015 NPRM, we (see section 479(c)(2) of the Act). the Indian Child Welfare Act of 1978 acknowledged that we received Dated: March 25, 2015. (ICWA). In this notice, we are comments asking for additional data announcing that we intend to publish a elements that would address ICWA Mark H. Greenberg, supplemental notice of proposed requirements and provide a Acting Assistant Secretary for Children and rulemaking (SNPRM), which will comprehensive picture of the well-being Families. propose that title IV–E agencies collect of tribal children including: identifying [FR Doc. 2015–07574 Filed 4–1–15; 8:45 am] and report additional ICWA-related data whether a child is a member of an BILLING CODE 4184–01–P tkelley on DSK3SPTVN1PROD with PROPOSALS VerDate Sep<11>2014 16:14 Apr 01, 2015 Jkt 235001 PO 00000 Frm 00006 Fmt 4702 Sfmt 9990 E:\FR\FM\02APP1.SGM 02APP1


Document Created: 2018-02-21 10:03:27
Document Modified: 2018-02-21 10:03:27
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionIntent to publish a supplemental notice of proposed rulemaking.
DatesEffective April 2, 2015, ACF announces its intent to issue a SNPRM.
ContactKathleen McHugh, Children's Bureau, Administration on Children, Youth and Families, (202) 401-5789 or by email at [email protected] Do not email comments on the NPRM to
FR Citation80 FR 17713 
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