2023-03005: Separate Licensing Standards for Relative or Kinship Foster Family Homes

Summary

ACF is proposing to revise the definition of "foster family home" to allow each title IV-E agency to adopt foster family home licensing or approval standards for foster family homes of individuals related to a child by blood, marriage, or adoption and other individuals who have an emotionally significant relationship with the child, including fictive kin, (referred herein as "relative(s) and kin(ship)") that differ from non-relative foster family homes agency standards. In this context, a "non-relative" foster family home means a home of an unrelated individual who is not kin or fictive kin. This notice of proposed rulemaking (NPRM) would allow a title IV-E agency to claim title IV-E federal financial participation (FFP) for the cost of foster care maintenance payments (FCMP) on behalf of an otherwise eligible child who is placed in a relative or kinship licensed or approved foster family home when the agency uses different licensing or approval standards for relative or kinship foster family homes and non- relative foster family homes. In addition, the NPRM would amend the requirement that title IV-E agencies review the amount of FCMPs to also assure that the agency provides a licensed or approved relative and kinship foster family home the same amount of FCMP that would have been made if the child was placed in a non-related foster family home.

The agency’s own summary, as published.

What this changes

Amends 2 parts of the Code of Federal Regulations — the standing rules this notice rewrites.

• 45 CFR 1355 General
• 45 CFR 1356 Requirements Applicable to Title IV-E