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HHS/ACF RIN: 0970-AC91 Publication ID: Fall 2021 
Title: ●Separate Licensing Standards for Relative or Kinship Foster Family Homes 
Abstract:

This regulation proposes to allow title IV-E agencies to adopt separate licensing standards for relative or kinship foster family homes.

 
Agency: Department of Health and Human Services(HHS)  Priority: Other Significant 
RIN Status: First time published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 45 CFR 1355.20   
Legal Authority: 42 U.S.C. 620 et seq.    42 U.S.C. 670 et seq.    42 U.S.C. 1302   
Legal Deadline:  None

Statement of Need:

Currently, the regulation provides that in order to claim title IVE, all foster family homes must meet the same licensing standards, regardless of whether the foster family home is a relative or non-relative placement. This Notice of Proposed Rulemaking (NPRM) allows a title IV-E agency to adopt licensing or approval standards for all relative foster family homes that are different from the licensing standards used for non-related foster family homes. This will remove a barrier to licensing relatives, many of whom are older, more likely to be single, more likely to be African American, more likely to live in poverty, and less well educated.

Summary of the Legal Basis:

This NPRM is published under the authority granted to the Secretary of Health and Human Services by section 1102 of the Social Security Act (Act), 42 U.S.C. 1302. Section 1102 of the Act authorizes the Secretary to publish regulations, not inconsistent with the Act, as may be necessary for the efficient administration of the functions for which the Secretary is responsible pursuant to the Act. Section 472 of the Act authorizes federal reimbursement for a FCMP for an otherwise eligible child when the child is placed in a fully licensed or approved foster family home.

Alternatives:

There are no satisfactory alternatives to publishing this NPRM. This change cannot be made in sub-regulatory guidance.

Anticipated Costs and Benefits:

This NPRM impacts state and tribal title IV-E agencies and does not impose a burden. The title IV-E agency has discretion to develop separate licensing standards for relatives and non-relatives and if they do so, they may claim title IV-E funding. ACF estimates that the proposed regulatory change would cost the Federal Government $3.085 billion in title IV-E foster care federal financial participation over 10 years

Risks:

None

Timetable:
Action Date FR Cite
NPRM  03/00/2022 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: Yes 
RIN Data Printed in the FR: No 
Agency Contact:
Kathleen McHugh
Director, Division of Policy, Children's Bureau, ACYF/ACF/HHS
Department of Health and Human Services
Administration for Children and Families
Room 2411, 370 L'Enfant Promenade SW,
Washington, DC 20447
Phone:202 401-5789
Fax:202 205-8221
Email: kmchugh@acf.hhs.gov