83 FR 11449 - Adoption and Foster Care Analysis and Reporting System

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Administration for Children and Families

Federal Register Volume 83, Issue 51 (March 15, 2018)

Page Range		11449-11450
FR Document		2018-05042

ACF is seeking public suggestions, in particular from state and tribal title IV-E agencies and Indian tribes and tribal consortiums and other stakeholders, for streamlining the Adoption and Foster Care Analysis and Reporting System (AFCARS) data elements and removing any undue burden related to reporting AFCARS.

Federal Register, Volume 83 Issue 51 (Thursday, March 15, 2018)

[Federal Register Volume 83, Number 51 (Thursday, March 15, 2018)]
[Proposed Rules]
[Pages 11449-11450]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-05042]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Administration for Children and Families

45 CFR Part 1355

RIN 0970-AC72


Adoption and Foster Care Analysis and Reporting System

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

ACTION: Advance notice of proposed rulemaking.

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SUMMARY: ACF is seeking public suggestions, in particular from state 
and tribal title IV-E agencies and Indian tribes and tribal consortiums 
and other stakeholders, for streamlining the Adoption and Foster Care 
Analysis and Reporting System (AFCARS) data elements and removing any 
undue burden related to reporting AFCARS.

DATES: Comments on this advance notice of proposed rulemaking must be 
received by June 13, 2018.

ADDRESSES: You may submit comments, identified by [docket number and/or 
RIN number], by one of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments.
     Email: [email protected]. Include [docket number and/
or RIN number] in subject line of the message.
     Mail: Written comments may be submitted to Kathleen 
McHugh, United States Department of Health and Human Services, 
Administration for Children and Families, Director, Policy Division, 
330 C Street SW, Washington, DC 20024. Please be aware that mail sent 
in response to this ANPRM may take an additional 3 to 4 days to process 
due to security screening of mail.
    Instructions: When commenting, please identify the topic, data 
element, or issue to which your comment pertains. All submissions 
received must include the agency name and docket number or Regulatory 
Information Number for this rulemaking. All comments received will be 
posted without change to https://www.regulations.gov, including any 
personal information provided.

FOR FURTHER INFORMATION CONTACT: Kathleen McHugh, Division of Policy, 
Children's Bureau at (202) 401-5789.

SUPPLEMENTARY INFORMATION: This advance notice of proposed rulemaking 
(ANPRM) has two sections: Background that describes the authority on 
which the ANPRM is based and establishes the rationale for its 
issuance, and Questions for Comment wherein we solicit comment on the 
AFCARS regulations.

I. Background

    Section 479 of the Social Security Act (the Act) requires HHS to 
regulate a data collection system for national adoption and foster care 
data that provides comprehensive national information on the following:
     Demographic characteristics of adopted and foster children 
and their biological and adoptive or foster parents;
     Status and characteristics of the foster care population;
     Number and characteristics of children entering and 
exiting foster care, children adopted or for whom adoptions have been 
terminated, and children placed in foster care outside of the state 
which has placement and care responsibility for them;
     Extent and nature of assistance provided by government 
programs for foster care and adoption and the characteristics of the 
children that receive the assistance; and
     Number of foster children identified as sex trafficking 
victims before entering and while in foster care.
    Section 474(f) of the Act requires HHS to impose penalties for non-
compliant AFCARS data. Section 1102 of the Act instructs the Secretary 
to promulgate regulations necessary for the effective administration of 
the functions for which HHS is responsible under the Act.
    We published a final rule to revise the AFCARS regulations on 
December 14, 2016 (81 FR 90524) and required title IV-E agencies to 
continue to report AFCARS data in accordance with Sec.  1355.40 and the 
appendix to part 1355 until September 30, 2019 and provided two fiscal 
years for title IV-E agencies to comply with Sec. Sec.  1355.41 through 
1355.47 of the final rule. In a notice of proposed rulemaking published 
elsewhere in this issue of the Federal Register, we propose to delay 
the compliance dates in regulations and the effective date of revisions 
to the AFCARS regulations made in the final rule from October 1, 2019, 
to October 1, 2021.
    The final rule was a culmination of two notices of proposed 
rulemaking (issued January 11, 2008 (73 FR 2082) and February 9, 2015 
(80 FR 7132)) and a supplemental notice of proposed rulemaking (issued 
April 7, 2016 (81 FR 20283)). The final rule updated the AFCARS 
regulations to include child welfare legislative changes that occurred 
since 1993, included data elements related to the Indian Child Welfare 
Act of 1978 (ICWA), and implemented fiscal penalties for noncompliant 
AFCARS data.
    On February 24, 2017, the President issued Executive Order 13777 on 
Enforcing the Regulatory Reform Agenda to lower regulatory burdens on 
the American people. In response to the President's direction that 
federal agencies establish a Regulatory Reform Task Force to review 
existing regulations and make recommendations regarding their repeal, 
replacement, or modification, we have identified the AFCARS regulation 
as one in which the reporting burden may impose costs that exceed 
benefits. We are specifically

[[Page 11450]]

soliciting comments on the data elements and their associated burden 
through this ANPRM.
    Public comments to this ANPRM will allow us to assess whether and 
how we can potentially reduce burden on title IV-E agencies to report 
AFCARS data while still adhering to the requirements of section 479 of 
the Act and collecting useful data that will inform efforts to improve 
the child welfare system. We encourage state and tribal title IV-E 
agencies that did not previously comment to do so now. Some state title 
IV-E agencies provided in their previous comments specific information 
on compliance cost and burden estimates; however, we received too few 
estimates to reference for calculating the cost and burden associated 
with this final rule. We encourage agencies to be as specific as 
possible when commenting on this ANPRM. We will take comments and 
estimates into consideration in revising the regulation.
    For a full picture of the AFCARS regulation, we invite commenters 
to review the AFCARS regulation and accompanying information that CB 
issued on our website, which can be found here: https://www.acf.hhs.gov/cb/laws-policies/whats-new.

II. Questions for Comment

    1. Identify the data elements, non-ICWA-related, that are overly 
burdensome for state and tribal title IV-E agencies and explain why. 
Please be specific in identifying the data elements and provide a 
rationale for why collecting and reporting this information is overly 
burdensome. If possible, provide specific cost and burden estimates 
related to the following areas:
    a. Recordkeeping hours spent annually:
    i. Searching data sources, gathering information, and entering the 
information into the electronic case management system,
    ii. Developing or modifying procedures and systems to collect, 
validate, and verify the information and adjusting existing procedures 
to comply with AFCARS requirements, and
    iii. Training and administrative tasks associated with training 
personnel on the AFCARS requirements (e.g., reviewing instructions, 
developing the training and manuals).
    b. Reporting hours spent annually extracting the information for 
AFCARS reporting and transmitting the information to ACF.
    2. Previously, we received comments regarding burden and the system 
changes needed to report the ICWA-related data elements of the 2016 
SNPRM. We would like to receive more detailed comments on the specific 
limitations we should be aware of that states will encounter in 
reporting the ICWA-related data elements in the final rule. Please be 
specific in identifying the data elements and provide a rationale for 
why this information is overly burdensome. If possible, provide 
specific cost and burden estimates related to the following areas:
    a. The number of children in foster care who are considered Indian 
children as defined in ICWA.
    b. Recordkeeping hours spent annually:
    i. Searching data sources, gathering information, and entering the 
information into the electronic case management system,
    ii. Developing or modifying procedures and systems to collect, 
validate, and verify the information and adjusting existing ways to 
comply with AFCARS requirements, and
    iii. Training and administrative tasks associated with training 
personnel on the AFCARS requirements (e.g., reviewing instructions, 
developing the training and manuals).
    c. Reporting hours spent annually extracting the information for 
AFCARS reporting and transmitting the information to ACF.
    3. Previously, we received comments that particular data elements 
did not lend themselves to national statistics and were best assessed 
with qualitative methods such as case review. Please provide specific 
recommendations on which data elements in the regulation to retain that 
are important to understanding and assessing the foster care population 
at the national level. Also, provide a rationale for your suggestion 
that may include its relevance to monitor compliance with the title IV-
B and IV-E programs or another strong justification for using the data 
at the national level.
    4. Previously we received comments noting concerns with variability 
in some of the data elements across states and within jurisdictions. 
Please provide specific suggestions to simplify data elements to 
facilitate the consistent collection and reporting of AFCARS data. 
Also, provide a rationale for each suggestion and how the 
simplification would still yield pertinent data.
    5. Previously we received comments questioning the utility, 
reliability, and purpose of certain data elements at the national 
level. Provide specific recommendations on which data elements in the 
regulation to remove because they would not yield reliable national 
information about children involved with the child welfare system or 
are not needed for monitoring the title IV-B and IV-E programs. Please 
be specific in identifying the data elements and provide a rationale 
for why this information would not be reliable or is not necessary.

    Dated: February 27, 2018.
Steven Wagner,
Acting Assistant Secretary for Children and Families.
    Approved: March 8, 2018.
Alex M. Azar II,
Secretary.
[FR Doc. 2018-05042 Filed 3-13-18; 8:45 am]
 BILLING CODE 4184-25-P

11450 Federal Register / Vol. 83, No. 51 / Thursday, March 15, 2018 / Proposed Rules

soliciting comments on the data SNPRM. We would like to receive more or are not needed for monitoring the
elements and their associated burden detailed comments on the specific title IV–B and IV–E programs. Please be
through this ANPRM. limitations we should be aware of that specific in identifying the data elements
Public comments to this ANPRM will states will encounter in reporting the and provide a rationale for why this
allow us to assess whether and how we ICWA-related data elements in the final information would not be reliable or is
can potentially reduce burden on title rule. Please be specific in identifying not necessary.
IV–E agencies to report AFCARS data the data elements and provide a Dated: February 27, 2018.
while still adhering to the requirements rationale for why this information is Steven Wagner,
of section 479 of the Act and collecting overly burdensome. If possible, provide
Acting Assistant Secretary for Children and
useful data that will inform efforts to specific cost and burden estimates Families.
improve the child welfare system. We related to the following areas:
a. The number of children in foster Approved: March 8, 2018.
encourage state and tribal title IV–E
agencies that did not previously care who are considered Indian children Alex M. Azar II,
comment to do so now. Some state title as defined in ICWA. Secretary.
IV–E agencies provided in their b. Recordkeeping hours spent [FR Doc. 2018–05042 Filed 3–13–18; 8:45 am]
previous comments specific information annually: BILLING CODE 4184–25–P
on compliance cost and burden i. Searching data sources, gathering
estimates; however, we received too few information, and entering the
estimates to reference for calculating the information into the electronic case DEPARTMENT OF HEALTH AND
cost and burden associated with this management system, HUMAN SERVICES
final rule. We encourage agencies to be ii. Developing or modifying
procedures and systems to collect, Administration for Children and
as specific as possible when
validate, and verify the information and Families
commenting on this ANPRM. We will
take comments and estimates into adjusting existing ways to comply with
AFCARS requirements, and 45 CFR Part 1355
consideration in revising the regulation.
For a full picture of the AFCARS iii. Training and administrative tasks RIN 0970–AC47
regulation, we invite commenters to associated with training personnel on
review the AFCARS regulation and the AFCARS requirements (e.g., Adoption and Foster Care Analysis
accompanying information that CB reviewing instructions, developing the and Reporting System
issued on our website, which can be training and manuals).
c. Reporting hours spent annually AGENCY: Children’s Bureau (CB);
found here: https://www.acf.hhs.gov/cb/ Administration on Children, Youth and
laws-policies/whats-new. extracting the information for AFCARS
reporting and transmitting the Families (ACYF); Administration for
II. Questions for Comment information to ACF. Children and Families (ACF);
3. Previously, we received comments Department of Health and Human
1. Identify the data elements, non-
that particular data elements did not Services (HHS).
ICWA-related, that are overly
lend themselves to national statistics ACTION: Notice of Proposed Rulemaking;
burdensome for state and tribal title IV–
E agencies and explain why. Please be and were best assessed with qualitative delay of compliance and effective dates.
specific in identifying the data elements methods such as case review. Please
provide specific recommendations on SUMMARY: The Children’s Bureau
and provide a rationale for why proposes to delay the compliance and
collecting and reporting this which data elements in the regulation to
retain that are important to effective dates in the Adoption and
information is overly burdensome. If Foster Care Analysis and Reporting
possible, provide specific cost and understanding and assessing the foster
care population at the national level. System (AFCARS) 2016 final rule for
burden estimates related to the title IV–E agencies to comply with
following areas: Also, provide a rationale for your
suggestion that may include its agency rules for an additional two fiscal
a. Recordkeeping hours spent years. We propose to delay the
annually: relevance to monitor compliance with
the title IV–B and IV–E programs or compliance and effective dates at the
i. Searching data sources, gathering same time we seek public comment
information, and entering the another strong justification for using the
data at the national level. through an Advance Notice of Proposed
information into the electronic case Rulemaking (ANPRM), published
management system, 4. Previously we received comments
noting concerns with variability in some elsewhere in this issue of the Federal
ii. Developing or modifying
of the data elements across states and Register, on suggestions to streamline
procedures and systems to collect,
within jurisdictions. Please provide the AFCARS data elements and remove
validate, and verify the information and
specific suggestions to simplify data any undue burden related to reporting
adjusting existing procedures to comply
elements to facilitate the consistent AFCARS.
with AFCARS requirements, and
iii. Training and administrative tasks collection and reporting of AFCARS DATES: In order to be considered, we
associated with training personnel on data. Also, provide a rationale for each must receive written comments on this
the AFCARS requirements (e.g., suggestion and how the simplification NPRM on or before April 16, 2018.
reviewing instructions, developing the would still yield pertinent data. ADDRESSES: You may submit comments,
training and manuals). 5. Previously we received comments identified by [docket number and/or
sradovich on DSK3GMQ082PROD with PROPOSALS

b. Reporting hours spent annually questioning the utility, reliability, and RIN number], by one of the following
extracting the information for AFCARS purpose of certain data elements at the methods:
reporting and transmitting the national level. Provide specific • Federal eRulemaking Portal: http://
information to ACF. recommendations on which data www.regulations.gov. Follow the
2. Previously, we received comments elements in the regulation to remove instructions for submitting comments.
regarding burden and the system because they would not yield reliable • Email: CBComments@acf.hhs.gov.
changes needed to report the ICWA- national information about children Include [docket number and/or RIN
related data elements of the 2016 involved with the child welfare system number] in subject line of the message.

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Document Created: 2018-03-15 02:38:07
Document Modified: 2018-03-15 02:38:07

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Proposed Rules
Action		Advance notice of proposed rulemaking.
Dates		Comments on this advance notice of proposed rulemaking must be received by June 13, 2018.
Contact		Kathleen McHugh, Division of Policy, Children's Bureau at (202) 401-5789.
FR Citation		83 FR 11449
RIN Number		0970-AC72

83 FR 11449 - Adoption and Foster Care Analysis and Reporting System

DEPARTMENT OF HEALTH AND HUMAN SERVICESAdministration for Children and Families

Federal Register Volume 83, Issue 51 (March 15, 2018)

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Administration for Children and Families