Tribal Self-Governance Study
Description of Program, Service, Function or Activity (PSFA)

INVENTORY

1. Agency Name: DHHS/ACF/ACYF

2. Program Name: Federal Adoption Incentive Payments

3. CFDA #: 93.603

4. Program Objectives: To enable States (the 50 States, Puerto Rico & District of Columbia) to increase the number of adoptions for children in the public foster care system and for those children with special needs. The program is part of the Adoption 2002 initiative, which focused on doubling the annual number of children adopted from the foster care system between FY 1997 and FY 2002.

5. Titles and Descriptions of at least Three Funded Grantees: As funds are authorized and appropriated by the Congress, State child welfare agencies receive the adoption bonuses if they qualify as an adoption incentive-eligible state. A state is incentive-eligible for a fiscal year if: there is an approved title IV-E state plan; the number of foster child adoptions exceeded the state's established base number of adoptions; the data requirements conform with statutory specifications; and (in FFY 2001 and 2002) health insurance coverage is provided to a child who receives assistance under an adoption assistance agreement.

AUTHORITY

6.Authorizing Statute(s): Part E, Sections 473A of the Social Security Act; Title 42, section 673b of the United States Code [42 U.S.C. 673b]

7. Regulatory/Administrative Requirements: Title II, Section 201 of the Adoptions and Safe Families Act of 1997 (Public Law 105-89)

8. Mandatory Statutory Changes Needed to Operate PSFA as a Demonstration: Changes would be necessary throughout the legislation related to eligibility, funding provision and program requirements.

APPLICANTS, BENEFICIARIES AND FORMULAS

9. Type of Funding: Discretionary grants

10. Eligible Applicants: State Agencies, Puerto Rico and the District of Columbia

11. Allotment Formulas, Etc: Under Section 473A(d) of the Act, an incentive-eligible State is awarded $4,000 for each finalized adoption exceeding the State's baseline; and $2000 for each finalized, special needs adoption over the baseline. The amount of incentive payments available is determined by the amount of funds appropriated annually by Congress. If sufficient funds are not appropriated, payments to the States are prorated.

12. Applicant Provision/Allotments in Law for Indians: There are no specified provisions or allotments in law for tribes. Tribes may enter into agreements with the State Agency to obtain federal funds under title IV-E to participate in foster care and adoption assistance programs.

13. Eligible Beneficiaries: Children under 18 years of age for whom the State agency has responsibility for placement and care. Also children with special needs for whom there exists an adoption assistance agreement between the State agency and the adoptive parents.

14. Beneficiary Provisions/Allotments in Law for Indians: There are no mandatory financial set-asides for tribes. Tribal children are eligible to receive foster care and adoption assistance if they are in State custody, if there is an adoption assistance agreement in place with the State agency or if the child is a member of a tribe contracting with a State child welfare agency.

15. Amount and Per cent of Total that is Mandatory for Indians: $0

FINANCIAL INFORMATION

16. Total FY 2000 Funding: $19 million

17. Amount and Per cent of Total Funding Awarded to Indians: $0

18. For Awards to Tribes: Number, Range and Average Amounts: $0

19. Total FY 2001 Funding and Amount for Indians: $43 million; Tribes $0 Set-aside

OTHER REQUIREMENTS

20. Section 473A(h) of the Social Security Act authorizes an appropriation of $20 million per year, for fiscal years 1999-2003 for adoption incentive payments to States. State allotments are based on the Adoption and Foster Care Analysis Reporting System's adoption data transmitted by States semi-annually to the Department of Health and Human Services, Administration for Children and Families. State foster care and adoption assistance programs are subject to 45 CFR part 74; Office of Management and Budget Circular A-87; 45 CFR part 95 and Office of Management and Budget Circular A-133.

CONTACTS

21. DHHS Workgroup Contact: Gerry Neal
202 205-2629

22. HHS Agency/Program Contact: Jennifer Butler-Hembree
202 260-7684

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