Implementation of the Fostering Connections to Success and Increasing Adoptions Act of 2008 Working Document

This document provides the locations of Children's Bureau policy, guidance, and other implementation activities related to the Fostering Connection to Success and Increasing Adoption Act of 2008 (P.L. 110-351).

Background. The President signed the Fostering Connections to Success and Increasing Adoptions Act of 2008 (P. L. 110-351) into law on October 7, 2008. Generally, the law amends the Social Security Act to extend and expand adoption incentives through FY2013; create an option to provide kinship guardianship assistance payments; create an option to extend eligibility for title IV-E foster care, adoption assistance and kinship guardianship payments to age 21; de-link adoption assistance from Aid to Families with Dependent Children (AFDC) eligibility over time; and, provide Federally-recognized Indian Tribes, Tribal organizations, or Tribal consortia (Tribes) with the option to operate a title IV-E program, among many other provisions. A draft compilation of the revised Social Security Act can be found on the CB's website.

Title IV-E Requirements — States and Tribes that operate a program pursuant to title IV-E of the Social Security Act must comply with all requirements identified in law, regulation and policy. Additional information regarding general requirements of title IV-E may be found at:

Guardianship Assistance Payments (GAP) Program (Effective October 7, 2008) - creates an option for State and Tribal title IV-E agencies to provide kinship guardianship assistance payments. Additional information may be found at:

Tribal Option to Operate a Title IV-E Program (Effective October 1, 2009) - allows Federally-recognized Tribes to apply to receive title IV-E funds directly for foster care, adoption assistance and, at Tribal option, kinship guardianship assistance. Additional information may be found at:

Tribal Option to Directly Operate the Chafee Foster Care Independent Living Program (CFCIP) and Education and Training Voucher (ETV) Program (Effective October 1, 2009) - provides an option for Tribes with an approved title IV-E plan or a title IV-E Tribal/State agreement to receive directly from the Secretary of HHS a portion of the State's CFCIP and ETV allotments to fund the provision of services to Tribal youth. Additional information may be found at:

Tribal Title IV-E Plan Development Grants - are authorized for the development of a Tribal title IV-E plan and implementation of a title IV-E program.

De-linking a Child's Adoption Assistance Eligibility from AFDC Eligibility Requirements (Effective October 1, 2009, subject to phase-in) - establishes new criteria associated with the de-linking of Adoption Assistance eligibility AFDC eligibility requirements, phased in over time beginning in FY 2010. In FY 2010 beginning with children aged 16 years and older, eligibility for Adoption Assistance will be delinked from AFDC and every fiscal year after the age drops two years. Additional information may be found at:

Extension and Expansion of the Adoption Incentives Program (Effective October 7, 2008) - extends the Adoption Incentive Program through FY 2013, updates the "base year" used to measure increases to FY 2007, doubles incentive payment amounts for special needs and older child adoptions and creates a "highest ever" foster child adoption rate payment. Additional information may be found at:

Option to Extend Eligibility for Title IV-E Payments to Age 21 (Effective October 1, 2010) - allows States and Tribes to elect to provide title IV-E foster care, adoption assistance and kinship guardianship payments to youth up to age 19, 20 or 21, when those youth meet certain education, training or work requirements.

Educational Stability Requirements (Effective October 7, 2008) - adds travel to and from school in the foster care maintenance payment definition, adds a case plan requirement to ensure educational stability for children in foster care, and requires that the title IV-E agency ensure that each child receiving a payment under the title IV-E plan is attending school full time or has completed secondary school.

Title IV-B Plan Health Oversight and Coordination Plan Requirements (Effective October 7, 2008) - requires the title IV-B agency to develop ongoing oversight and coordination of health care services for children in foster care, including coordination with the state Medicaid agency. Additional information can be found at:

Transition Plan for Emancipating Youth (Effective October 7, 2008) — requires that during the 90-day period prior to a child's emancipation, the child's caseworker must develop a personalized transition plan that is directed by the child.

State Good Faith Negotiation with Tribes (Effective October 7, 2008) - creates a title IV-E plan requirement and a Chafee plan requirement for the State to negotiate in good faith with any Tribe that requests the development of an agreement with the State to provide payments for Indian children. Additional information can be found at:

Training (Effective October 7, 2008) - permits title IV-E agencies to claim the costs of short-term training for relative guardians, attorneys and others. Questions added to the CWPM or significantly revised to address this provision include:

Notice to Relatives of Removal (Effective October 7, 2008) - the law adds a new plan requirement at section 471(a)(29) to require that title IV-E agencies exercise due diligence to identify and notify all adult relatives of a child within 30 days of the child's removal, of the relatives' options to become a placement resource for the child.

Title IV-E Plan Requirements for Sibling Placement (Effective October 7, 2008) - the law adds a new plan requirement at section 471(a)(31) of the Act to require title IV-E agencies to make reasonable efforts to place siblings removed from their home in the same foster care, adoption or guardianship placement, or facilitate visitation or ongoing contacts with those that cannot be placed together, unless it is contrary to the safety or well-being of any of the siblings to do so.

Adoption Tax Credit (Effective October 7, 2008) - the law adds a new plan requirement at section 471(a)(33) for title IV-E agencies to inform prospective adoptive parents of the adoption tax credit.

Licensing Waivers for Relatives and Report to Congress (Effective October 7, 2008) - the law amends section 471(a)(10) to explicitly permit the title IV-E agency to waive on a case-by-case basis a non-safety licensing standard for a relative foster family home. In addition, HHS must submit a Report to Congress, two years after enactment, on children placed in relative foster family homes and the use of licensing waivers.

Access to Federal Parent Locator Service (Effective October 7, 2008) - the law amends section 453(j)(3) of title IV-D of the Act to grant authority to the Secretary to conduct comparisons and make disclosures to States of information for the purposes of the title IV-B and IV-E programs using the Federal Parent Locator Service.

Family Connection Grants (awarded in September 2009) - authorizes and appropriates $15 million in discretionary grant funds to be awarded to State, local or Tribal child welfare agencies and private non-profit organizations that have experience in working with fostering children or children in kinship care arrangements in four program areas to support evidence-based and evidence informed demonstration projects. The four program areas include Kinship Navigator, Family Finding, Family Group Decision-making and Residential Family Treatment.

Additional Policy Guidance
In addition to the resources provided above, please note that as a result of the enactment P.L. 110-351, the relevant Child Welfare Policy Manual Q/As are in the process of being revised to reflect the many changes made by the law. The latest revisions can be found in the Modifications to the Manual and Additions to the Manual sections of the CWPM. Until such time as the edits to the sections of the CWPM related to the changes made to the Act by P.L. 110-351 are complete, please refer to the statute and official guidance from the CB (such as Program Instructions and Information Memoranda) for definitive guidance on the requirements. You also may contact your Regional Office representative for further clarification.