**Assurances Addendum**

The State/Tribe assures that not more than 10 percent of each fiscal
year's title IV-B, subpart 1 funds (including FY 2007) will be spent on
administrative costs beginning October 1, 2007.

 

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\
State Director of State Agency\
that administers titles IV-E and\
IV-B of the Social Security Act.

 

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\
Date

 

OR

 

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\
Tribal Leader

 

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\
Date

 

###  

### Title IV-B Child and Family Services Plan: Assurances

The assurances listed below are in 45 CFR 1357.15(c) and title IV-B
sections 422(b)(10), 422(b)(12), section 422 (b) (14), section
432(a)(4), 432 (a)(7) and 432(a)(9). These assurances will remain in
effect during the period of the current five-year CFSP.

1.  The State assures that it will participate in any evaluations the
    Secretary of HHS may require.

2.  The State assures that it will administer the CFSP in accordance
    with methods determined by the Secretary to be proper and efficient.

3.  The State assures that it has a plan for the training and use of
    paid paraprofessional staff, with particular emphasis on the
    full-time or part-time employment of low-income persons, as
    community service aides; and a plan for the use of non-paid or
    partially paid volunteers in providing services and in assisting any
    advisory committees established by the State.

4.  The State assures that standards and requirements imposed with
    respect to child care under title XX shall apply with respect to day
    care services, if provided under the CFSP, except insofar as
    eligibility for such services is involved.

5.  the State assures that it is operating, to the satisfaction of the
    Secretary:

    -   a statewide information system from which can be readily
        determined the status, demographic characteristics, location,
        and goals for the placement of every child who is (or, within
        the immediately preceding 12 months, has been) in foster care;

    -   a case review system (as defined in section 475(5) for each
        child receiving foster care under the supervision of the State;

    -   a service program designed to help children-where safe and
        appropriate, return to families from which they have been
        removed; or be placed for adoption, with a legal guardian, or,
        if adoption or legal guardianship is determined not to be
        appropriate for a child, in some other planned, permanent living
        arrangement; and

    -   a preplacement preventive services program designed to help
        children at risk of foster care placement remain safely with
        their families; and

    -   The State assures that it has implemented policies and
        administrative and judicial procedures for children abandoned at
        or shortly after birth that are necessary to enable permanent
        decisions to be made expeditiously with respect to the placement
        of such children.

6.  The State assures that plans will be developed for the effective use
    of cross-jurisdictional resources to facilitate timely adoptive or
    permanent placements for waiting children.

7.  The State assures that it will collect and report information on
    children who are adopted from other countries and who enter State
    custody as a result of the disruption of an adoptive placement, or
    the dissolution of an adoption. Such information will include the
    reasons for disruption or dissolution, the agencies who handled the
    placement or adoption, the plans for the child, and the number of
    children to whom this pertains.

8.  The State assures that no more that 10 percent of expenditures under
    the plan for any fiscal year with respect to which the State is
    eligible for payment under section 434 of the Act for the fiscal
    year shall be for administrative costs and that the remaining
    expenditures shall be for programs of family preservation services,
    community-based family support services, time-limited reunification
    services and adoption promotion and support services, with
    significant portions of such expenditures for each such program.

9.  The State assures that Federal funds provided to the State for title
    IV-B, Subpart 2 programs will not be used to supplant Federal or
    non-Federal funds for existing services and activities.

10. The State assures that, in administering and conducting service
    programs under this plan, the safety of the children to be served
    shall be of paramount concern.

Effective Date and State Officials Signature

I hereby certify that the State complies with the requirements of the
above assurances.

Certified by:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Title:\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Agency:\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Dated:\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Reviewed
by:\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

(ACF Regional Representative)     

Dated:\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

**State Chief Executive Officer\'s Certifications for the**

**Chafee Foster Care Independence Program**

As Chief Executive Officer of the State of
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_, I certify that the State
has in effect and is operating a Statewide program relating to Foster
Care Independent Living and that the following provisions to effectively
implement the Chafee Foster Care Independence Program are in place:

1.  The State will provide assistance and services to youth who have
    left foster care because they have attained 18 years of age, and
    have not attained 21 years of age \[Section 477(b)(3)(A)\];

2.  Not more than 30 percent of the amounts paid to the State from its
    allotment for a fiscal year will be expended for room and board for
    youth who have left foster care because they have attained 18 years
    of age, and have not attained 21 years of age \[Section
    477(b)(3)(B)\];

3.  None of the amounts paid to the State from its allotment will be
    expended for room or board for any child who has not attained 18
    years of age \[Section 477(b)(3)(C)\];

4.  The State will use training funds provided under the program of
    Federal payments for foster care and adoption assistance to provide
    training to help foster parents, adoptive parents, workers in group
    homes, and case managers understand and address the issues
    confronting adolescents preparing for independent living, and will,
    to the extent possible, coordinate such training with the
    independent living program conducted for adolescents \[Section
    477(b)(3)(D)\];

5.  The State will adequately prepare prospective foster parents with
    the appropriate knowledge and skills to provide for the needs of the
    child before a child, under the supervision of the State, is placed
    with prospective foster parents and that such preparation will be
    continued, as necessary, after the placement of the child. \[Section
    471(a), as amended\];

6.  The State has consulted widely with public and private organizations
    in developing the plan and has given all interested members of the
    public at least 30 days to submit comments on the plan \[Section
    477(b)(3)(E)\];

7.  The State will make every effort to coordinate the State programs
    receiving funds provided from an allotment made to the State under
    subsection (c) with other Federal and State programs for youth
    (especially transitional living youth projects funded under part B
    of title III of the Juvenile Justice and Delinquency Prevention Act
    of 1974); abstinence education programs, local housing programs,
    programs for disabled youth (especially sheltered workshops), and
    school-to-work programs offered by high schools or local workforce
    agencies \[Section 477(b)(3)(F)\];

8.  Each Indian tribe in the State has been consulted about the programs
    to be carried out under the plan; there have been efforts to
    coordinate the programs with such tribes; and benefits and services
    under the programs will be made available to Indian youth in the
    State on the same basis as to other youth in the State \[Section
    477(b)(3)(G)\];

9.  Adolescents participating in the program under this section will
    participate directly in designing their own program activities that
    prepare them for independent living and the adolescents will be
    required to accept personal responsibility for living up to their
    part of the program \[Section 477(b)(3)(H)\]; and

10. The State has established and will enforce standards and procedures
    to prevent fraud and abuse in the programs carried out under the
    plan \[Section 477(b)(3)(I)\].

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\
Signature of Chief Executive Officer

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\
Date

#### State Chief Executive Officer\'s Certification for the Education and Training Voucher Program Chafee Foster Care Independence Program

As Chief Executive Officer of the State of
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_, I certify that the State
has in effect and is operating a Statewide program relating to Foster
Care Independent Living and that the following provisions will be
implemented as of September 30, 2003:

1.  The State will comply with the conditions specified in subsection
    477(i).

2.  The State has described methods it will use to:

    -   ensure that the total amount of educational assistance to a
        youth under this and any other Federal assistance program does
        not exceed the total cost of attendance; and

    -   avoid duplication of benefits under this and any other Federal
        assistance program, as defined in section 477(3)(b)(J).

**\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\
Signature of Chief Executive Officer**

**\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\
Date**

#### State Chief Executive Officer\'s Assurance Statement for The Child Abuse and Neglect State Plan

As Chief Executive Officer of the State of
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_, I
certify that the State has in effect and is enforcing a State law, or
has in effect and is operating a Statewide program, relating to child
abuse and neglect which includes:

1.  provisions or procedures for reporting known or suspected instances
    of child abuse and neglect (section 106(b)(2)(A)(i));

2.  policies and procedures (including appropriate referrals to child
    protection service systems and for other appropriate services) to
    address the needs of infants born and identified as affected by
    illegal substance abuse or withdrawal symptoms resulting from
    prenatal drug exposure, including a requirement that health care
    providers involved in the delivery or care of such infants notify
    the child protective services system of the occurrence of such
    condition in such infants (section 106(b)(2)(A)(ii));

3.  the development of a plan of safe care for the infant born and
    identified as being affected by illegal substance abuse or
    withdrawal symptoms (section 106(b)(2)(A)(iii));

4.  procedures for the immediate screening, risk and safety assessment,
    and prompt investigation of such reports (section 106(b)(2)(A)(iv));

5.  triage procedures for the appropriate referral of a child not at
    risk of imminent harm to a community organization or voluntary
    preventive service (section 106(b)(2)(A)(v));

6.  procedures for immediate steps to be taken to ensure and protect the
    safety of the abused or neglected child, and of any other child
    under the same care who may also be in danger of abuse or neglect;
    and ensuring their placement in a safe environment (section
    106(b)(2)(A)(vi));

7.  provisions for immunity from prosecution under State and local laws
    and regulations for individuals making good faith reports of
    suspected or known instances of child abuse or neglect (section
    106(b)(2)(A)(vii));

8.  methods to preserve the confidentiality of all records in order to
    protect the rights of the child and of the child\'s parents or
    guardians, including requirements ensuring that reports and records
    made and maintained pursuant to the purposes of CAPTA shall only be
    made available to\--

    a.  individuals who are the subject of the report;

    b.  Federal, State, or local government entities, or any agent of
        such entities, as described in number 9 below;

    c.  child abuse citizen review panels;

    d.  child fatality review panels;

    e.  a grand jury or court, upon a finding that information in the
        record is necessary for the determination of an issue before the
        court or grand jury; and

    f.  other entities or classes of individuals statutorily authorized
        by the State to receive such information pursuant to a
        legitimate State purpose (section 106(b)(2)(A)(viii);

9.  provisions to require a State to disclose confidential information
    to any Federal, State, or local government entity, or any agent of
    such entity, that has a need for such information in order to carry
    out its responsibility under law to protect children from abuse and
    neglect (section 106(b)(2)(A)(ix));

10. provisions which allow for public disclosure of the findings or
    information about the case of child abuse or neglect which has
    resulted in a child fatality or near fatality (section
    106(b)(2)(A)(x));

11. the cooperation of State law enforcement officials, court of
    competent jurisdiction, and appropriate State agencies providing
    human services in the investigation, assessment, prosecution, and
    treatment of child abuse or neglect (section 106(b)(2)(A)(xi));

12. provisions requiring, and procedures in place that facilitate the
    prompt expungement of any records that are accessible to the general
    public or are used for purposes of employment or other background
    checks in cases determined to be unsubstantiated or false, except
    that nothing in this section shall prevent State child protective
    services agencies from keeping information on unsubstantiated
    reports in their casework files to assist in future risk and safety
    assessment (section 106(b)(2)(A)(xii));

13. provisions and procedures requiring that in every case involving an
    abused or neglected child which results in a judicial proceeding, a
    guardian ad litem, who has received training appropriate to the
    role, and who may be an attorney or a court appointed special
    advocate who has received training appropriate to that role (or
    both), shall be appointed to represent the child in such
    proceedings-

    a.  to obtain firsthand, a clear understanding of the situation and
        needs of the child; and

    b.  to make recommendations to the court concerning the best
        interests of the child (section 106(b)(2)(A)(xiii));

14. the establishment of citizen review panels in accordance with
    subsection 106(c) (section 106(b)(2)(A)(xiv));

15. provisions, procedures, and mechanisms -

    a.  for the expedited termination of parental rights in the case of
        any infant determined to be abandoned under State law; and

    b.  by which individuals who disagree with an official finding of
        abuse or neglect can appeal such finding (section
        106(b)(2)(A)(xv));

16. provisions, procedures, and mechanisms that assure that the State
    does not require reunification of a surviving child with a parent
    who has been found by a court of competent jurisdiction\--

    a.  to have committed a murder (which would have been an offense
        under section 1111(a) of title 18, United States Code, if the
        offense had occurred in the special maritime or territorial
        jurisdiction of the United States) of another child or such
        parent;

    b.  to have committed voluntary manslaughter (which would have been
        an offense under section 1112(a) of title 18, United States
        Code, if the offense had occurred in the special maritime or
        territorial jurisdiction of the Unites States) or another child
        or such parent;

    c.  to have aided or abetted, attempted, conspired, or solicited to
        commit such murder or voluntary manslaughter; or

    d.  to have committed a felony assault that results in the serious
        bodily injury to the surviving child or another child of such
        parent (section 106(b)(2)(A)(xvi));

17. provisions that assure that, upon the implementation by the State of
    the provisions, procedures, and mechanisms under number 16 above,
    conviction of any one of the felonies listed in number 16 above
    constitute grounds under State law for the termination of parental
    rights of the convicted parent as to the surviving children (section
    106(b)(2)(A)(xvii));

18. provisions and procedures to require that a representative of the
    child protective services agency shall, at the initial time of
    contact with the individual subject to a child abuse and neglect
    investigation, advise the individual of the complaints or
    allegations made against the individual, in a manner that is
    consistent with laws protecting the rights of the reporter (section
    106(b)(2)(A)(xviii));

19. provisions addressing the training of representatives of the child
    protective services system regarding the legal duties of the
    representatives, which may consist of various methods of informing
    such representatives of such duties, in order to protect the legal
    rights and safety of children and families from the initial time of
    contact during investigation through treatment (section
    106(b)(2)(A)(xix));

20. provisions and procedures for improving the training, retention and
    supervision of caseworkers (section 106(b)(2)(A)(xx));

21. provisions and procedures for referral of a child under the age of 3
    who is involved in a substantiated case of child abuse or neglect to
    early intervention services funded under part C of the Individuals
    with Disabilities Education Act (section 106(b)(2)(A))(xxi));

22. **not later than June 25, 2005 (2 years after the enactment of
    Public Law 108-36)**, provisions and procedures for requiring
    criminal background checks for prospective foster and adoptive
    parents and other adult relatives and non-relatives residing in the
    household (section 106(b)(2)(A)(xxii));

23. procedures for responding to the reporting of medical neglect
    (including instances of withholding of medically indicated treatment
    from disabled infants with life-threatening conditions), procedures
    or programs, or both (within the State child protective services
    system), to provide for\--

    a.  coordination and consultation with individuals designated by and
        within appropriate health care facilities;

    b.  prompt notification by individuals designated by and within
        appropriate health-care facilities of cases of suspected medical
        neglect (including instances of withholding of medically
        indicated treatment from disabled infants with life-threatening
        conditions); and

    c.  authority, under State law, for the State child protective
        services system to pursue any legal remedies, including the
        authority to initiate legal proceedings in a court of competent
        jurisdiction, as may be necessary to prevent the withholding of
        medically indicated treatment from disabled infants with
        life-threatening conditions (section 106(b)(2)(B)); and

24. authority under State law to permit the child protective services
    system of the State to pursue any legal remedies, including the
    authority to initiate legal proceedings in a court of competent
    jurisdiction, to provide medical care or treatment for a child when
    such care or treatment is necessary to prevent or remedy serious
    harm to the child, or to prevent the withholding of medically
    indicated treatments from disabled infants with life-threatening
    conditions (section 113).

Signature of Chief Executive Officer:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Date: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Reviewed
by:\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

(ACF Regional Representative)            

Dated:\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_