83 FR 11450 - 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)
Administration for Children and Families
Federal Register Volume 83, Issue 51 (March 15, 2018)
| Page Range | 11450-11452 | |
| FR Document | 2018-05038 |
[Federal Register Volume 83, Number 51 (Thursday, March 15, 2018)] [Proposed Rules] [Pages 11450-11452] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-05038] ----------------------------------------------------------------------- DEPARTMENT OF HEALTH AND HUMAN SERVICES Administration for Children and Families 45 CFR Part 1355 RIN 0970-AC47 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: Notice of Proposed Rulemaking; delay of compliance and effective dates. ----------------------------------------------------------------------- SUMMARY: The Children's Bureau proposes to delay the compliance and effective dates in the Adoption and Foster Care Analysis and Reporting System (AFCARS) 2016 final rule for title IV-E agencies to comply with agency rules for an additional two fiscal years. We propose to delay the compliance and effective dates at the same time we seek public comment through an Advance Notice of Proposed Rulemaking (ANPRM), published elsewhere in this issue of the Federal Register, on suggestions to streamline the AFCARS data elements and remove any undue burden related to reporting AFCARS. DATES: In order to be considered, we must receive written comments on this NPRM on or before April 16, 2018. ADDRESSES: You may submit comments, identified by [docket number and/or RIN number], by one of the following methods:Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments. Email: CBComments@acf.hhs.gov. Include [docket number and/ or RIN number] in subject line of the message. [[Page 11451]] 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 NPRM may take an additional 3 to 4 days to process due to security screening of mail. Instructions: All submissions received must include the agency name and docket number or Regulatory Information Number (RIN) 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: In the AFCARS final rule issued on December 14, 2016 (81 FR 90524), ACF provided an implementation timeframe of two fiscal years for title IV-E agencies to comply with 45 CFR 1355.41 through 1355.47 (81 FR 90529). On February 24, 2017, the President issued Executive Order 13777 on Enforcing the Regulatory Reform Agenda. 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, the HHS Task Force identified the AFCARS regulation as one where there may be areas for reducing reporting burden. Therefore, we are engaging in two regulatory actions to adhere to our obligations under the EO. Through this NPRM, ACF proposes to revise Sec. 1355.40 to provide an additional two fiscal years to comply with Sec. Sec. 1355.41 through 1355.47. ACF also proposes to delay the effective dates of instructions 3 and 5 in the rule published December 14, 2016 (81 FR 90524), from October 1, 2019, to October 1, 2021. If this rule is finalized, the implementation timeframe would be delayed for title IV-E agencies to make revisions to their systems to comply with Sec. Sec. 1355.41 through 1355.47. This NPRM is open for a 30-day comment period. Per Executive Order 12866, the typical comment period is 60 days. However, the reasons for the shorter comment period for this NPRM is that any delay in issuing a final rulemaking might lead to title IV-E agencies diverting resources to unnecessary changes to their systems to comply with the December 2016 AFCARS final rule. Furthermore, this rule does not establish additional regulatory obligations or impose any additional burden on regulated entities. ACF believes that a 30-day comment period on this non-substantive rulemaking is a sufficient amount of time for the public to comment and ACF does not believe that a 30-day comment period will hamper public comment. ACF is publishing an ANPRM elsewhere in this issue of the Federal Register to seek suggestions on streamlining the data elements and potentially reducing burden to title IV-E agencies to report AFCARS data. Section-by-Section Discussion Section 1355.40 Foster Care and Adoption Data Collection We propose to revise the compliance date in the regulation to provide an additional two fiscal years to comply with Sec. Sec. 1355.41 through 1355.47. State and tribal title IV-E agencies must continue to report AFCARS data in the same manner they do currently, per Sec. 1355.40 and appendices A through E of part 1355 until September 30, 2021. We propose that as of October 1, 2021, state and tribal title IV-E agencies must comply with Sec. Sec. 1355.41 through 1355.47. In assessing the AFCARS regulation in response to E.O. 13777, we identified the following issues: In the December 2016 final rule, there are 272 individual data points, of which 153 data points are new items added to AFCARS. Of the 153 data points, 65 are new items related to the Indian Child Welfare Act (ICWA). State commenters expressed concerns with data points that could not be easily reported to AFCARS because they are qualitative data points of which nuances about the circumstances of the child cannot be reported to AFCARS a quantitative data system, they are of a sensitive nature, or could not be aggregated easily at the national level for national statistics. These points included child, adoptive parent, guardian, and foster parent sexual orientation, health assessments, educational information, adoption and guardianship subsidy amounts, and information on legal guardians. The scope and complexity of data elements related to ICWA was also a concern. We note that most of the ICWA-related data elements in the December 2016 AFCARS final rule are not tied to statutory reporting requirements in title IV-E or IV-B. Rather, they were finalized to be consistent with the Department of Interior's (DOI) final rule on ICWA (published on June 14, 2016, 81 FR 38778) which is directed to state courts. Furthermore, the majority of the ICWA-related data elements related to activities undertaken by the court are not routinely collected in child welfare electronic databases. The court findings and other activity taking place before the court represent a shift away from a child welfare agency reporting on its own activity to reporting on the activity of an independent third party. This raises questions of efficiency, reliability and consistency, which section 479(c)(1) and 479(c)(2) of the Social Security Act require for the AFCARS data collection. We also anticipate states having many questions about how to report the ICWA-related data elements. HHS has no expertise in ICWA compliance, statute, and regulations and is not the cognizant authority over it, yet the December 2016 final rule places HHS in the position of interpreting various ICWA requirements when providing technical assistance to state title IV-E agencies on how to report on those data elements. How states report the data ultimately impacts practice, potentially introducing inconsistency with DOJ and DOI's interpretation of ICWA. Costs for system changes, training to consistently collect and report ICWA-related data and time to gather/enter data (sometimes manually) into the case management system. The Supplemental Notice of Proposed Rulemaking that added the ICWA compliance data elements to the AFCARS was only open for comment for 30 days. This was an insufficient amount of time for states to fairly analyze unfamiliar data elements, accurately calculate burden associated with these elements, and move any comments through their chain of command for submission to HHS for consideration. The ANPRM, on the other hand, will be open for comment for 90 days. It asks title IV- E agencies and the public to comment on the data elements of the December 2016 final rule. Therefore, in order to get additional feedback on these and other issues we are issuing a proposed rule to delay implementation of the December 2016 AFCARS final rule. As States must go to the expense to revise their data collection systems in response to the December 2016 final rule, we do not want states to incur these costs unnecessarily as we further assess burden under the rule. This is an opportunity for commenters to provide HHS with specific feedback on the data elements and how HHS can revise AFCARS to balance updating requirements, the need for better data, and the burden on title IV-E agencies. Through the aforementioned ANPRM [[Page 11452]] commenters will have the opportunity to tie ICWA related data elements to HHS functions/provisions thus adequately justifying their inclusion in the AFCARS collection. Regulatory Impact Analysis Executive Orders 12866, 13563, and 13771 Executive Orders 12866 and 13563 direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. ACF consulted with the Office of Management and Budget (OMB) and determined that this rule does meet the criteria for a significant regulatory action under E.O. 12866. Thus, it was subject to OMB review. ACF determined that the costs to title IV-E agencies as a result of this rule will not be significant as defined in Executive Order 12866 (have an annual effect on the economy of $100 million or more or adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or tribal governments or communities). Because the rule is not economically significant as defined in E.O. 12866, no cost-benefit analysis needs to be included in this NPRM. This proposed rule, if finalized as proposed, would be considered an E.O. 13771 deregulatory action. Regulatory Flexibility Analysis The Secretary certifies, under 5 U.S.C. 605(b), as enacted by the Regulatory Flexibility Act (Pub. L. 96-354), that this proposed rule will not result in a significant impact on a substantial number of small entities. This proposed rule does not affect small entities because it is applicable only to state and tribal title IV-E agencies. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act (Pub. L. 104-4) requires agencies to prepare an assessment of anticipated costs and benefits before proposing any rule that may result in an annual expenditure by state, local, and tribal governments, in the aggregate, or by the private sector, of $100 million or more (adjusted annually for inflation). That threshold level is currently approximately $146 million. This proposed rule does not impose any mandates on state, local, or tribal governments, or the private sector that will result in an annual expenditure of $146 million or more. Congressional Review This regulation is not a major rule as defined in 5 U.S.C. 8. Assessment of Federal Regulations and Policies on Families Section 654 of the Treasury and General Government Appropriations Act of 2000 (Pub. L. 106-58) requires federal agencies to determine whether a policy or regulation may affect family well-being. If the agency's determination is affirmative, then the agency must prepare an impact assessment addressing seven criteria specified in the law. This proposed rule will not have an impact on family well-being as defined in the law. Paperwork Reduction Act Under the Paperwork Reduction Act (44 U.S.C. 35, as amended) (PRA), all Departments are required to submit to OMB for review and approval any reporting or recordkeeping requirements inherent in a proposed or final rule. PRA rules require that ACF estimate the total burden created by this proposed rule regardless of what information is available. ACF provides burden and cost estimates using the best available information. Information collection for AFCARS is currently authorized under OMB number 0970-0422. This notice of proposed rulemaking does not make changes to the AFCARS requirements for title IV-E agencies; it delays the effective date and provides title IV-E agencies with additional time to comply with sections 1355.41 through 1355.47. Thus, the annual burden hours for recordkeeping and reporting does not change from those currently authorized under OMB number 0970- 0422. Therefore, we are not seeking comments on any information collection requirements through this NPRM. List of Subjects in 45 CFR Part 1355 Adoption and foster care, Child welfare, Computer technology, Grant programs--social programs, Reporting and recordkeeping requirements. (Catalog of Federal Domestic Assistance Program Number 93.658, Foster Care Maintenance; 93.659, Adoption Assistance; 93.645, Child Welfare Services--State Grants). Dated: February 27, 2018. Steven Wagner, Acting Assistant Secretary for Children and Families. Approved: March 8, 2018. Alex M. Azar II, Secretary. For the reasons set forth in the preamble, we propose to amend 45 CFR part 1355 as follows: PART 1355--GENERAL 0 1. The authority citation for part 1355 continues to read as follows: Authority: 42 U.S.C. 620 et seq., 42 U.S.C. 670 et seq., 42 U.S.C. 1302. 0 2. Amend Sec. 1355.40 by revising paragraph (a) to read as follows: Sec. 1355.40 Foster care and adoption data collection. (a) Scope. State and tribal title IV-E agencies must follow the requirements of this section and appendices A through E of this part until September 30, 2021. As of October 1, 2021, state and tribal title IV-E agencies must comply with Sec. Sec. 1355.41 through 1355.47. * * * * * [FR Doc. 2018-05038 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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![11452 Federal Register / Vol. 83, No. 51 / Thursday, March 15, 2018 / Proposed Rules
commenters will have the opportunity threshold level is currently Dated: February 27, 2018.
to tie ICWA related data elements to approximately $146 million. This Steven Wagner,
HHS functions/provisions thus proposed rule does not impose any Acting Assistant Secretary for Children and
adequately justifying their inclusion in mandates on state, local, or tribal Families.
the AFCARS collection. governments, or the private sector that Approved: March 8, 2018.
Regulatory Impact Analysis will result in an annual expenditure of Alex M. Azar II,
$146 million or more.
Secretary.
Executive Orders 12866, 13563, and
13771 Congressional Review For the reasons set forth in the
preamble, we propose to amend 45 CFR
Executive Orders 12866 and 13563 This regulation is not a major rule as
part 1355 as follows:
direct agencies to assess all costs and defined in 5 U.S.C. 8.
benefits of available regulatory PART 1355—GENERAL
alternatives and, if regulation is Assessment of Federal Regulations and
necessary, to select regulatory Policies on Families ■ 1. The authority citation for part 1355
approaches that maximize net benefits Section 654 of the Treasury and continues to read as follows:
(including potential economic, General Government Appropriations Authority: 42 U.S.C. 620 et seq., 42 U.S.C.
environmental, public health and safety Act of 2000 (Pub. L. 106–58) requires 670 et seq., 42 U.S.C. 1302.
effects, distributive impacts, and federal agencies to determine whether a ■ 2. Amend § 1355.40 by revising
equity). Executive Order 13563 policy or regulation may affect family paragraph (a) to read as follows:
emphasizes the importance of
well-being. If the agency’s
quantifying both costs and benefits, of § 1355.40 Foster care and adoption data
determination is affirmative, then the
reducing costs, of harmonizing rules, collection.
agency must prepare an impact
and of promoting flexibility. ACF (a) Scope. State and tribal title IV–E
assessment addressing seven criteria
consulted with the Office of agencies must follow the requirements
specified in the law. This proposed rule
Management and Budget (OMB) and of this section and appendices A
determined that this rule does meet the will not have an impact on family well-
through E of this part until September
criteria for a significant regulatory being as defined in the law.
30, 2021. As of October 1, 2021, state
action under E.O. 12866. Thus, it was Paperwork Reduction Act and tribal title IV–E agencies must
subject to OMB review. ACF determined comply with §§ 1355.41 through
that the costs to title IV–E agencies as Under the Paperwork Reduction Act 1355.47.
a result of this rule will not be (44 U.S.C. 35, as amended) (PRA), all * * * * *
significant as defined in Executive Departments are required to submit to [FR Doc. 2018–05038 Filed 3–13–18; 8:45 am]
Order 12866 (have an annual effect on OMB for review and approval any BILLING CODE 4184–25–P
the economy of $100 million or more or reporting or recordkeeping requirements
adversely affect in a material way the inherent in a proposed or final rule.
economy, a sector of the economy, PRA rules require that ACF estimate the FEDERAL COMMUNICATIONS
productivity, competition, jobs, the total burden created by this proposed COMMISSION
environment, public health or safety, or rule regardless of what information is
State, local, or tribal governments or available. ACF provides burden and cost 47 CFR Part 54
communities). Because the rule is not estimates using the best available
economically significant as defined in [WC Docket Nos. 17–287, 11–42, and 09–
information. Information collection for
197; Report No. 3087]
E.O. 12866, no cost-benefit analysis AFCARS is currently authorized under
needs to be included in this NPRM. This OMB number 0970–0422. This notice of Petitions for Reconsideration of Action
proposed rule, if finalized as proposed, proposed rulemaking does not make in Rulemaking Proceeding
would be considered an E.O. 13771 changes to the AFCARS requirements
deregulatory action. for title IV–E agencies; it delays the AGENCY: Federal Communications
effective date and provides title IV–E Commission.
Regulatory Flexibility Analysis ACTION: Petitions for Reconsideration;
agencies with additional time to comply
The Secretary certifies, under 5 U.S.C. with sections 1355.41 through 1355.47. correction.
605(b), as enacted by the Regulatory Thus, the annual burden hours for
Flexibility Act (Pub. L. 96–354), that SUMMARY: The Federal Communications
recordkeeping and reporting does not
this proposed rule will not result in a Commission (Commission) published a
change from those currently authorized document in the Federal Register of
significant impact on a substantial under OMB number 0970–0422.
number of small entities. This proposed March 2, 2018 (83 FR 8962), regarding
Therefore, we are not seeking comments Petitions for Reconsideration filed in the
rule does not affect small entities on any information collection
because it is applicable only to state and Commission’s rulemaking proceeding.
requirements through this NPRM. The document contained the incorrect
tribal title IV–E agencies.
List of Subjects in 45 CFR Part 1355 deadline for filing replies to an
Unfunded Mandates Reform Act opposition to the Petitions. This
The Unfunded Mandates Reform Act Adoption and foster care, Child document corrects the deadline for
sradovich on DSK3GMQ082PROD with PROPOSALS
(Pub. L. 104–4) requires agencies to welfare, Computer technology, Grant replies to an opposition to the Petitions.
prepare an assessment of anticipated programs—social programs, Reporting DATES: Oppositions to the Petitions
costs and benefits before proposing any and recordkeeping requirements. must be filed on or before March 19,
rule that may result in an annual (Catalog of Federal Domestic Assistance 2018. Replies to an opposition must be
expenditure by state, local, and tribal Program Number 93.658, Foster Care filed on or before March 29, 2018.
governments, in the aggregate, or by the Maintenance; 93.659, Adoption Assistance; ADDRESSES: Federal Communications
private sector, of $100 million or more 93.645, Child Welfare Services—State Commission, 445 12th Street SW,
(adjusted annually for inflation). That Grants). Washington, DC 20554.
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Document Created: 2018-03-15 02:37:45
Document Modified: 2018-03-15 02:37:45
| 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 | Notice of Proposed Rulemaking; delay of compliance and effective dates. | |
| Dates | In order to be considered, we must receive written comments on this NPRM on or before April 16, 2018. | |
| Contact | Kathleen McHugh, Division of Policy, Children's Bureau at (202) 401-5789. | |
| FR Citation | 83 FR 11450 | |
| RIN Number | 0970-AC76 | |
| CFR Associated | Adoption and Foster Care; Child Welfare; Computer Technology; Grant Programs-Social Programs and Reporting and Recordkeeping Requirements |
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