Reforming Federal Reporting and Assessments in Child Welfare

Issuing agencies

Abstract

ACF proposes to remove regulations that implement title IV-B of the Social Security Act (the Act) because they are outdated and refer to dates that have passed, have been superseded by subsequent amendments to the Act, duplicate or restate requirements already in title IV-B of the Act or other Federal law, and/or impose administrative and reporting requirements on agencies that do not meaningfully support Federal program oversight and administration of title IV-B programs. Four of these regulatory requirements are redesignated to the regulations addressing titles IV-E and IV-B plan requirements. ACF also proposes to remove the regulation that articulates the principles of child and family services reviews because it does not prescribe any requirements that states and tribes must follow, but rather provides unenforceable recommendations, and to remove redundant cross-references.

Full Text

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<title>Federal Register, Volume 91 Issue 191 (Monday, October 5, 2026)</title>
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[Federal Register Volume 91, Number 191 (Monday, October 5, 2026)]
[Proposed Rules]
[Pages 63226-63243]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-20329]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Administration for Children and Families

45 CFR Part 1355 and 1357

RIN 0970-AD32


Reforming Federal Reporting and Assessments in Child Welfare

AGENCY: Children's Bureau (CB), Administration on Children, Youth and 
Families (ACYF), Administration for Children and Families (ACF), 
Department of Health and Human Services (Department).

ACTION: Notice of proposed rulemaking.

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SUMMARY: ACF proposes to remove regulations that implement title IV-B 
of the Social Security Act (the Act) because they are outdated and 
refer to dates that have passed, have been superseded by subsequent 
amendments to the Act, duplicate or restate requirements already in 
title IV-B of the Act or other Federal law, and/or impose 
administrative and reporting requirements on agencies that do not 
meaningfully support Federal program oversight and administration of 
title IV-B programs. Four of these regulatory requirements are 
redesignated to the regulations addressing titles IV-E and IV-B plan 
requirements. ACF also proposes to remove the regulation that 
articulates the principles of child and family services reviews because 
it does not prescribe any requirements that states and tribes must 
follow, but rather provides unenforceable recommendations, and to 
remove redundant cross-references.

DATES: Comments on this proposed rule must be received by November 4, 
2026.

ADDRESSES: You may submit written comments, identified by docket number 
ACF-2026-0562 and/or Regulatory Information Number (RIN) 0970-AD32, 
through the Federal eRulemaking Portal: <a href="https://www.regulations.gov">https://www.regulations.gov</a> on 
or before the due date. Follow the instructions for submitting 
comments. All comments received will be posted without change to 
<a href="http://www.regulations.gov">www.regulations.gov</a>, including any personal information provided. In 
accordance with 5 U.S.C. 553(b)(4), a summary of this proposed rule may 
be found at [INSERT REGULATIONS.GOV CITE].

FOR FURTHER INFORMATION CONTACT: Jennifer Haight, 202-329-6464; 
Administration on Children, Youth and Families, Administration for 
Children and Families, Department of Health and Human Services; 
<a href="/cdn-cgi/l/email-protection#92f1f0f1fdfffff7fce6e1d2f3f1f4bcfafae1bcf5fde4"><span class="__cf_email__" data-cfemail="650607060a0808000b1116250406034b0d0d164b020a13">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. Statutory Authority

    The Department published this NPRM under the authority granted to 
the Secretary of the Department of Health and Human Services (the 
Secretary) by Section 1102 of the Social Security Act (the Act), 42 
U.S.C. 1302, which authorizes the Secretary to publish regulations, not 
inconsistent with the Act, as may be necessary for the efficient 
administration of the functions with which the Secretary is charged 
under the Act.

II. Background

    Title IV-B of the Act provides funding to states (including 
Washington, DC, territories, insular areas, (herein referred to as 
states) and Indian tribes, Tribal organizations and tribal consortia 
(herein referred to as tribes) to develop, expand, and coordinate child 
and family services programs that use community-based agencies for 
family support services, family preservation services, adoption 
promotion and support services, and family reunification services to 
ensure all children are raised in safe, loving families. The Stephanie 
Tubbs Jones Child Welfare Services Program authorized under title IV-B, 
subpart 1 of the Act (herein referred to as ``subpart 1'') funds 
preventive intervention, alternative placements, and reunification 
efforts to keep families together (section 421 et seq. of the Act). The 
MaryLee Allen Promoting Safe and Stable Families Program authorized 
under title IV-B, subpart 2 of the Act (herein referred to as ``subpart 
2'') funds family support services, family preservation services, 
family reunification services, and services to support adoptions 
(section 430 et seq. of the Act).
    To receive Federal funding under title IV-B, a state or tribal 
child welfare agency (agency) submits a Child and Family Services Plan 
(CFSP) for ACF approval (section 432 of the Act). The CFSP is a five-
year strategic plan that consolidates the requirements in title IV-B 
subparts 1 and 2. It identifies goals for the continuum of child 
welfare services, focusing on safety, permanency, and the well-being of 
children and families (section 432(a)(2) of the Act). Annually, 
agencies submit to ACF a review of progress toward accomplishment of 
those goals in the Annual Progress and Services Report (APSR), revise 
the goals of the CFSP if necessary, and describe services that they 
will provide in the subsequent fiscal year (section 432(a)(2)(C) and 
(5) of the Act). In addition, agencies must

[[Page 63227]]

annually report expenditures to ACF on Form CFS-101 (section 
432(a)(8)(B) of the Act). In the fifth year of the CFSP, agencies 
submit a final report to ACF on progress toward accomplishment of the 
goals (section 432(a)(2)(C) of the Act).
    Federal regulations require that agencies use the CFSP, APSR, and 
final report to provide ACF information for title IV-B subpart 1 and 2 
programs as well as information on the John H. Chafee Foster Care 
Program for Successful Transition to Adulthood (section 477 of the Act, 
hereafter referred to as Chafee) and the child abuse and neglect state 
grant programs under the Child Abuse Prevention and Treatment Act 
(CAPTA) (42 U.S.C. 5101 et seq.). Federal regulations at 45 CFR 
1357.10. 1357.15, 1357.16 and 1357.20 set forth the program information 
that ACF requires agencies to submit. Sections 1357.30 and 1357.32 
identify the fiscal requirements for state agencies and sections 
1357.40 and 1357.50 provide the fiscal requirements for tribal 
agencies, and the information agencies must report through the CFS-101.

III. Purpose of the Proposed Rule

    This NPRM proposes to remove the regulations in Sec.  1357 because 
they: (1) refer to timeframes and dates that have passed, (2) refer to 
subsequently repealed or amended statutory changes, (3) duplicate 
federal law, and (4) increase administrative and reporting burdens on 
title IV-B agencies. Additionally, we propose to redesignate four 
regulatory requirements from Sec.  1357 to Sec.  1355.21, because they 
are necessary to retain and are more appropriately addressed as title 
IV-B plan requirements. We also propose conforming changes to Sec.  
1355; removal of 1355.21, which provides unenforceable suggestions; and 
removal of 1355.30, which duplicate other federal requirements. This 
proposal is consistent with the requirements in section 441 of the Act 
(42 U.S.C. 6291) and the Administration's priorities set forth in E.O. 
14192 and E.O. 14219. If this NPRM becomes final, it would impact state 
and tribal title IV-B agencies. This NPRM does not propose any new 
requirements.

1. Remove Implementation Timeframes and Dates That Have Passed

    The regulations for title IV-B of the Act were first issued in 1996 
(61 FR 58655, Nov. 18, 1996, here after referred to as the 1996 final 
rule). We propose to remove regulations in Sec.  1357 that refer to the 
original consolidation of the title IV-B planning requirements from the 
1996 final rule. The transition period for the consolidation is 
complete, and the dates no longer serve any operational or legal 
purpose.

2. Remove Regulatory Requirements That Were Subsequently Repealed or 
Amended by Statutory Changes

    Since the 1996 final rule, Congress has extensively amended 
requirements under title IV-B, however the regulations have not been 
substantially updated to reflect these statutory changes. Therefore, we 
propose to remove regulatory requirements that have been superseded by 
subsequent amendments to title IV-B.

3. Remove Requirements That Duplicate Federal Law

    The duplicative regulations are those that carry no impact because 
the authority and requirements stated in the regulation appear 
elsewhere in statute and other regulations. Our proposal will not 
change the agency's obligations to follow the law, because the 
statutory requirements continue to apply. The removal of these 
duplicative regulations will eliminate potential confusion between the 
statute, regulation and guidance.

4. Reduce Administrative Burden

    The Supporting America's Children and Families Act (Pub. L. 118-
258), signed into law on January 4, 2025, requires that the Department 
reduce administrative burden on the title IV-B program to eliminate 
duplication and streamline reporting requirements, specifically to 
reduce the burden of administering title IV-B and reduce the number of 
hours required for compliance by at least 15 percent (section 441 of 
the Act). It also requires ACF to modify subpart 2 reporting 
requirements imposed on tribes with a total allotment of not more than 
$50,000 per fiscal year (section 428(b) of the Act). In this NPRM, we 
propose to meet these mandates by removing obsolete requirements from 
Sec.  1357 and reducing administrative and reporting burdens on title 
IV-B agencies. Additionally, our proposal to remove unnecessary and 
burdensome administrative and reporting requirements is consistent with 
the Department's commitment to reducing unnecessary regulatory and 
paperwork burden, as described in E.O. 14219 and section 441 of the 
Act, which requires the Department to reduce the administrative burden 
of the title IV-B program.
    The provisions in Sec.  1357 that impose significant administrative 
and reporting requirements, beyond what is required by statute, do not 
meaningfully support Federal program oversight and administration of 
title IV-B programs. Reducing unnecessary paperwork will allow agencies 
to focus resources on activities that directly support child and family 
outcomes. A recent report found that APSRs averaged 256 pages, with an 
average reading time of 7.18 hours and 41 to 78 percent of the language 
in each agency's APSR is the same as what they submitted for the 
previous year.\1\
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    \1\ Abbott, Marissa, Jessica Rendon, and Jennifer Burnszynski. 
No States Have Ever Passed the Child and Family Services Reviews: 
Findings from an Analysis Over the Last 25 Years. Office of the 
Assistant Secretary for Planning and Evaluation, U.S. Department of 
Health and Human Services. November 2025.
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    ACF understands that the reporting burden is due in large part to 
the regulations that require agencies to report duplicative 
information. ACF assesses that CFSPs and APSRs have become primarily 
compliance documents, rather than useful tools to improve the continuum 
of child welfare service delivery. This NPRM intends to correct this by 
removing the regulations above in order to eliminate duplication and 
streamline reporting requirements. As we describe in Section V., if 
this NPRM becomes final, we estimate an annual burden reduction of 
60.78 percent.
July 2025 Federal Register Request for Public Comments
    The Department's proposal is informed by public comments we 
received in response to ACF's Federal Register Notice Providing 
Technical Assistance Related to the Indian Child Welfare Act published 
on July 22, 2025 (90 FR 34506, hereafter referred to as the 2025 FRN) 
that requested broad input regarding implementation of new requirements 
from the Supporting America's Children and Families Act, including ways 
to reduce administrative burden for title IV-B program grantees. We 
received 23 comments in response to the 2025 FRN. The comments are 
available in the docket for this action on <a href="http://Regulations.gov">Regulations.gov</a> (Docket ID 
ACF-2025-0038). We received 10 comments from state child welfare 
agencies and courts; four comments from tribes; three comments from 
organizations representing American Indians/Native Americans, 
interests; three comments from national advocacy, public interest, 
philanthropic, and professional organizations (organizations); and 
three comments from individuals. The Department carefully reviewed all 
the comments received in response to the 2025 FRN. The Department is 
using feedback to inform a myriad of work, including guidance, 
technical assistance, guidance and regulatory reform. The feedback on 
reducing the

[[Page 63228]]

administrative burden for title IV-B programs that we used to inform 
this NPRM is further explained in IV. Section-by-Section Discussion of 
Proposed Regulatory Changes.
Tribal Consultation
    The Department's proposal is also informed by a series of 
consultations with tribal leaders that were hosted by ACF in: Arizona 
on September 25, 2025, Washington on November 18, 2025, Minnesota on 
August 25, 2025, and Washington, DC, on February 11, 2026 (collectively 
referred to as ``tribal consultations''). Over 100 tribal leaders and 
partners participated in the consultations and ACF received 20 written 
submissions. A Summative Tribal Consultation Report from the 
consultations is available on CB's website. Like the 2025 FRN, the 
Department is using this feedback from the tribal consultations to 
inform a myriad of work, including guidance, technical assistance, and 
regulatory reform. The feedback that we used to inform this NPRM is 
further explained in section V. Section-by-Section Discussion of 
Proposed Regulatory Changes and section VI. Tribal Consultation 
Statement.
Severability
    The provisions of this NPRM, once it becomes final, are intended to 
be severable, such that, in the event a court were to invalidate any 
particular provision or deem it to be unenforceable, the remaining 
provisions would continue to be valid. None of the provisions contained 
herein are central to an overall intent of the proposed rule, nor are 
any provisions dependent on the validity of other, separate provisions.

IV. Section-by-Section Discussion of Proposed Regulatory Changes

Section 1355.25 Principles of Child and Family Services

    Section 1355.25 recommends guiding principles for child and family 
services that provide direction to states and tribes in developing, 
operating, and improving the continuum of services available. ACF 
agrees that many of the topics covered in this section are effective 
guiding principles, however, we propose to remove this section because 
it does not prescribe any requirements that states and tribes must 
follow but rather provides unenforceable recommendations. We believe 
these principles are more appropriate to set forth in a sub-regulatory 
guidance document. This proposal does not indicate a departure from 
ACF's position on what constitutes effective principles of child and 
family services.

Section 1355.30 Other Applicable Regulations

    We propose to remove Sec.  1355.30, which cites to other federal 
regulations applicable to state and tribal programs funded under titles 
IV-B and IV-E of the Act. We propose to remove this section because the 
regulations cited are applicable to states and tribes and enforced 
regardless of Sec.  1355.30. We believe a list of other applicable 
regulations is helpful but are more appropriate in a sub-regulatory 
guidance document.

Section 1357.10 Scope and Definitions

    We propose to remove Sec.  1357.10(a), which describes the scope of 
Sec.  1357. Since we propose to remove Sec.  1357, the paragraph is no 
longer necessary.
    We propose to remove Sec.  1357.10(b) and redesignate it as Sec.  
1355.21(c)(2), ``Plan requirements for titles IV-B and IV-E.'' 
Paragraph (b) ensures that individuals who move from one state or 
tribal jurisdiction to another are able to obtain title IV-B services 
without being required to reside in the new state or tribal 
jurisdiction for a specified period before receiving services and that 
services are provided on the basis of need. We continue to believe that 
these requirements are important for ensuring continuity of title IV-B 
services and preventing barriers to children and families receiving 
services. However, we determined that this prohibition is more 
appropriately addressed in the regulations at Sec.  1355.21, which 
govern title IV-B plan requirements. Therefore, agencies will continue 
to be prohibited from denying title IV-B services based on income or 
length of residence in a state or tribe's jurisdiction.
    Section 1357.10(c) defines terms used in Sec.  1357, including: 
child and family services plan, child welfare services, children, 
community-based services, families, family preservation services, 
family support services, and joint planning. We propose to remove the 
definitions because they are either superseded by subsequent statutory 
amendments or are already defined in section 475 of the Act and Sec.  
1355.20. Therefore, this proposed change will not alter the agency's 
obligations.

Section 1357.15 Comprehensive Child and Family Services Plan 
Requirements

    Section 1357.15 describes the requirements for the five-year CFSP. 
In response to the 2025 FRN, two states, two tribes, and one tribal 
organization reported that the CFSP is not useful for purposes other 
than meeting the Federal title IV-B reporting requirements, because 
agencies must write very lengthy reports in response. Those two states 
reported that none of their state oversight entities use them. However, 
comments received from two other states indicated they use the CFSP and 
APSRs to inform agency leadership about where improvements are needed 
in the child welfare system. Several other commenters responding to the 
2025 FRN and participating in tribal consultations expressed that the 
amount of reporting far exceeds the benefit of the minimal funding that 
smaller tribes receive. During the tribal consultations, Tribal Leaders 
and their representatives shared that reducing the administrative 
burden for tribal child welfare programs will help ensure that tribal 
resources are used for direct services to families rather than consumed 
by excessive reporting requirements. ACF agrees that the extensive 
reporting requirements are an undue administrative burden on agencies 
when compared with the CFSPs utility and propose corresponding changes 
in this NPRM. Although the reporting requirements for the CFSP are 
rooted in statute, which is beyond the scope of a rulemaking, the 
Department assesses that the following proposal to remove Sec.  1357.15 
will help eliminate some burdensome reporting requirements.
    Section 1357.15(a) describes what must be included in the CFSP. 
Current paragraph (a)(1) requires an agency to use one consolidated 
CFSP to meet the plan requirements for both title IV-B subpart 1 and 
subpart 2. As a result, tribal agencies that operate only a subpart 1 
program must still follow the CFSP framework, including the planning 
cycle, submission timelines, and reporting structure associated with 
subpart 2, even though they do not operate a subpart 2 program. Section 
432(b) of the Act does not require agencies to submit one consolidated 
plan covering both subpart 1 and subpart 2.
    The Department now assesses that requiring one consolidated CFSP 
creates unnecessary administrative burden for tribal agencies that only 
receive subpart 1 funds. It also limits state and tribal agency 
flexibility in managing plan submissions and timelines. Therefore, we 
propose to remove paragraph (a)(1), which means that the regulations 
will not require agencies to follow the CFSP planning cycle and 
submission deadlines to receive title IV-B subpart 1 funds.
    Section 1357.15(a)(2) requires agencies to report in their CFSP 
information on the independent living program in section 477 of the Act

[[Page 63229]]

(Chafee), and for states, CAPTA grants. While Chafee and CAPTA contain 
their own statutory requirements, the regulation incorporated their 
planning and reporting elements into the CFSP submission, because focus 
groups convened by the Children's Bureau (CB) to develop the 1994 NPRM 
(59 FR 50646, issued October 4, 1994), urged ACF to consolidate the 
planning and reporting for these programs to streamline administration 
and reduce redundancy for agencies by creating a single, integrated 
planning and reporting process rather than multiple separate 
submissions. In response to the 2025 FRN, we received several comments 
about whether submitting separate plans as opposed to one consolidated 
CFSP is less burdensome. Three states believe that continuing to 
combine the plans into one report is less burdensome than submitting 
separate program reports because it promotes program coordination 
within the state. In contrast, one state felt that separating program 
reporting would be less burdensome because it would allow them to 
manage workflow and deadlines. One tribe recommended consolidating all 
funding requirements into a single agreement or plan. In contrast, a 
tribal organization recommended separating the reporting requirements 
by individual program because clearly identifying which requirements 
apply to tribes would help tribes manage Federal reporting requirements 
more effectively. The Department now assesses that requiring agencies 
to consolidate Chafee and CAPTA requirements and reporting into one 
CFSP creates undue administrative burden on agencies and removes the 
agency's flexibility to report on each program using statutory 
timeframes. Our proposal to remove paragraph (a)(2) of this section 
means that agencies may submit separate plan information for title IV-B 
subpart 1, subpart 2, CAPTA and Chafee funding, following the timelines 
and reporting requirements set forth in statute for each such program. 
We believe allowing agencies to submit each program report in 
accordance with its statutory time frame will provide greater 
flexibility for agencies to determine how to meet timelines and program 
requirements and re-directs limited agency administrative capacity back 
towards program implementation. For example, title IV-B subpart 2, 
CAPTA and Chafee programs require agencies to report certain 
information and data annually; however, only subpart 2 and Chafee 
require agencies to submit annual data by June 30th of each year.
    We propose to remove paragraph (a)(3) of this section, which 
explains that states must meet all requirements of Sec.  1357.15 except 
those that apply only to tribal agencies. Tribal agencies must meet the 
requirements of Sec.  1357.15 only as specified in the regulation. 
Because we propose to remove Sec.  1357 in its entirety, this paragraph 
is no longer necessary.
    We propose to remove paragraph (a)(4) of this section, which 
requires agencies to consolidate subparts 1 and 2 into a CFSP by June 
30, 1997. The paragraph refers to phase-in dates that have passed, and 
therefore no longer serves any operational or legal purpose.
    Section 1357.15(b) identifies the eligibility requirements for 
title IV-B funding. Paragraph (b)(1) of this section requires title IV-
B agencies to submit a consolidated CFSP and annual CFS-101 for 
subparts 1 and 2. First, as we explained above, section 432(b) of the 
Act only requires that agencies submit a plan for the subpart 2 
program. Second, the statute does not require agencies receiving only 
subpart 1 funding to submit a CFS-101. Therefore, we propose to remove 
paragraph (b)(1) because it imposes significant reporting requirements 
beyond what is required by statute. This means that regulations will no 
longer require tribes operating only subpart 1 programs to submit a 
CFS-101. If an agency operates both a subpart 1 and 2 program, it must 
submit a CFS-101 for both programs, as required in section 
432(a)(8)(B)(ii) of the Act.
    Section 1357.15(b)(2), (3), (5), and (7) refers to phase-in dates 
that have passed. Paragraphs (b)(2) and (3) require agencies to submit 
a consolidated CFSP, the first APSR, and the first CFS-101 certain 
dates in 1997. Paragraph (b)(5) requires agencies to submit the first 
APSR and CFS 101 by June 30, 1996. Paragraph (b)(7) requires agencies 
to submit the CFSP for FYs 1995-1999 by June 30, 1995. We propose to 
remove these paragraphs because they no longer serve any operational or 
legal purpose. This proposal will not alter the agency's obligations 
because agencies do not currently rely on these outdated paragraphs.
    Section 1357.15(b)(4) requires agencies to jointly develop the CFSP 
and APSR with ACF, tribes, and a wide range of public and non-profit 
private agencies and community-based organizations. We propose to 
remove (b)(4) of this section because the requirement to jointly 
develop with ACF duplicates statutory requirements in sections 422(a) 
and 432(b)(1)(A) of the Act that already require joint planning between 
the agency and ACF. Additionally, the requirement in section 
432(b)(1)(A) of the Act requiring broad consultation with a wide range 
of stakeholders is applicable only to subpart 2, however Sec.  
1357.15(b)(4) applies the broad consultation requirement to subpart 1 
plans. Based on 2025 FRN comments and our experience administering this 
program, the Department now concludes that this results in undue 
administrative and reporting burden on tribal agencies. The less time 
an agency spends on administrative tasks, the more time agency staff 
can spend working with children and families receiving services under 
title IV-B. The proposal to remove paragraph (b)(4) is consistent with 
comments on the 2025 FRN to eliminate the requirement to report on 
consultation and coordination. It means the regulation will no longer 
require that agencies consult with a wide range of public and non-
profit private agencies and community-based organizations to develop a 
plan for subpart 1. Agencies that operate subpart 2 programs must 
continue to develop the subpart 2 plan and annual report in broad 
consultation with a wide range of stakeholders, but only those 
identified in statute.
    Section 1357.15(b)(6) requires agencies to develop the APSR jointly 
with ACF and meet the requirements of Sec.  1357.16 in order to receive 
title IV-B subpart 1 and 2 funding. We propose later in this document 
to remove Sec.  1357.16, which makes this paragraph unnecessary. 
Additionally, section 432(a)(2)(C)(i) of the Act requires that agencies 
perform an interim review of progress toward accomplishment of the 
subpart 2 goals in the subpart 2 plan, and on the basis of the interim 
review, revise the statement of goals, if necessary, to reflect changed 
circumstances. Consistent with the statute, we propose to remove 
paragraph (b)(6) of this section. This means the regulation will no 
longer require tribal agencies operating only a subpart 1 program to 
submit an APSR.
    Section 1357.15(c) describes the assurances agencies must provide 
to ACF. Paragraphs (c)(1) and (2) of this section require agencies to 
assure that they will participate in evaluations required by the 
Department and administer the CFSP in accordance with methods the 
Department determines are proper and efficient. These assurances 
duplicate requirements already established for subpart 2 in section 
432(a)(8) of the Act. Thus, we propose to remove paragraphs (c)(1) and 
(2), which means that agencies receiving subpart 1 funding will provide 
the assurances in accordance with section

[[Page 63230]]

422 of the Act and agencies receiving subpart 2 funding will continue 
to provide assurances consistent with section 432(a)(8) of the Act.
    Section 1357.15(c)(3) and (4) requires agencies to assure that they 
have a plan for training and employing paid paraprofessional staff and 
assure that they apply the childcare standards in title XX to the 
services under the CFSP. The Child and Family Services Improvement Act 
of 2006 (Pub. L. 109-288) removed these assurances from the Act. 
Therefore, we propose to remove paragraphs (c)(3) and (4) because they 
are obsolete.
    Section 1357.15(d) requires agencies to develop a CFSP planning 
process that coordinates consultation with a wide range of 
stakeholders, title IV-B services with other Federal programs and 
collects information to determine which populations are most vulnerable 
or at risk. We propose to remove paragraph (d) of this section because 
it duplicates requirements already established in sections 422(b)(2) 
and 432(a)(3) and (b)(1)(A) of the Act and imposes additional 
burdensome requirements beyond what is required by statute. This 
proposed removal will not alter the agency's obligations to continue to 
coordinate services and benefits under other Federal or Federally 
assisted programs serving the same populations and state programs that 
have a relationship to title IV-B services as required in law. While we 
continue to believe that agencies should participate in robust 
consultation, we propose that agencies have more flexibility regarding 
whether to consult with a wide range of public and non-profit private 
agencies and community-based organizations and parents.
    Section 1357.15(e) applies to states and requires the CFSP name the 
agency that will administer the title IV-B program, ensure the same 
agency also administers title IV-E and XX programs, and submit 
documentation of the organization and function of the agency with 
organization charts. Similarly, Sec.  1357.15(f) applies to tribes and 
requires the CFSP name the Indian tribal organization that will 
administer the title IV-B subpart 1 and 2 programs, if appropriate, and 
submit documentation of the organization and function of the agency 
with organization charts. These duplicate requirements in section 
422(b)(1) of the Act, and the Department now assesses that requiring 
agencies to provide further information, such as organizational charts, 
is not necessary for the Department to carry out effective oversight of 
title IV-B programs or to assess compliance with applicable Federal 
requirements. Agencies will continue to report to ACF the name of the 
title IV-B agency that administers subpart 2, title IV-E, and title XX 
programs as required in section 422(b)(2) of the Act.
    Section 1357.15(g) requires agencies to describe a vision statement 
in the CFSP. Focus groups convened by CB to develop the 1994 NPRM (59 
FR 50646) recommended agencies have a vision statement to encourage 
development of a realistic yet forward-looking CFSP. We propose to 
remove paragraph (g) of this section because title IV-B of the Act does 
not require agencies to describe a vision statement and based on our 
experience administering title IV-B programs, the vision statement has 
limited utility for agencies and does not materially enhance our 
ability to evaluate program performance or compliance. This means 
agencies will not need to provide a vision statement in the subpart 2 
plan.
    Section 1357.15(h) requires that agencies specify the goals, based 
on the vision statement, they will achieve by the end of the five-year 
CFSP. The goals must be expressed in terms of improved outcomes for and 
the safety, permanency, and well-being of children and families, and in 
terms of a more comprehensive, coordinated, and effective child and 
family service delivery system. However, based on our experience 
administering title IV-B, the information collected under paragraph (h) 
of this section has limited utility for agencies, Federal monitoring, 
and does not materially enhance our ability to evaluate program 
performance or compliance. In addition, the requirements in paragraph 
(h) of this section extend beyond the statutory requirements in section 
432(a)(2) of the Act by applying this requirement to agencies receiving 
subpart 1 funds and by directing all agencies to describe the goals in 
specific ways. Therefore, we propose to remove paragraph (h) of this 
section because based on our experience administering title IV-B 
programs, the Department now assesses the burden on agencies to report 
these details outweigh the benefit. The less time an agency spends on 
administrative tasks, the more time agency staff can spend working with 
children and families receiving services under title IV-B. Removing 
paragraph (h) means the regulations will not require agencies to 
include goals for the subpart 1 program, and agencies administering 
subpart 2 may identify their goals in the subpart 2 plan in a way that 
is appropriate for their needs, as required in section 432(a)(2) of the 
Act.
    Section 1357.15(i) requires agencies to describe in the CFSP the 
objectives for each goal and their progress providing title IV-B 
services to additional political subdivisions. The Act does not require 
agencies to describe objectives in the CFSP. Consistent with our 
proposal to remove paragraph (h) of this section above, the information 
collected under paragraph (i) of this section has limited utility for 
agencies, Federal monitoring, and does not materially enhance our 
ability to evaluate program performance or compliance. Based on 
comments received in response to the 2025 FRN and our experience 
administering title IV-B programs since the rule was published, the 
Department now assesses the burden on agencies to report these details 
outweighs the benefit. The less time an agency spends on administrative 
tasks, the more time agency staff can spend working with children and 
families receiving services under title IV-B. Therefore, we propose to 
remove paragraph (i) of this section, which means that regulations will 
not require agencies to describe objectives.
    Section 1357.15(j) requires agencies to describe in the CFSP the 
methods used to measure progress toward meeting the goals and 
objectives. It duplicates requirements already established in section 
432(a)(2)(b) of the Act and the Department now asserts that paragraph 
(j) extends the statutory requirement by requiring that agencies also 
describe the specific processes and procedures for assuring the 
production of valid and reliable data and information. This requirement 
was added by the 1996 final rule to give states flexibility in how to 
measure goal progress while states were still developing and 
implementing automated information systems. We propose to remove 
paragraph (j) because agencies now have automated information and 
reporting systems in place that identifies the methods to measure 
progress, therefore, requiring a narrative in the title IV-B plans on 
the process for validating reliable information is not useful for 
agencies or for ACF to evaluate program performance. This means the 
regulations will no longer require agencies to describe the specific 
measures of progress.
    Section 1357.15(k) prescribes requirements for agencies to use and 
submit baseline information and trends on indicators of family needs 
and wellbeing that are used to measure progress over the five-year 
CFSP. We propose to remove paragraph (k)(1) because it is applicable to 
the original consolidation of title IV-B planning requirements from the 
1996 final rule and longer serves any operational or legal purpose.

[[Page 63231]]

    Section 1357.15(k)(2) and (3) requires agencies to collect, 
analyze, and report in the CFSP extensive state-wide/tribe-wide 
information about title IV-B services. This was originally added to the 
1996 final rule because focus groups convened for the 1994 NPRM and 
respondents' comments emphasized the importance of baseline data to 
developing responsive goals and objectives. At that time, national 
child welfare data systems were still evolving and there was no 
standardized Federal data infrastructure. The CFSP narrative was one of 
the primary mechanisms for gathering baseline data. The Department now 
assesses this function is largely fulfilled by electronic information 
systems, eliminating the need for the narratives required from 
paragraphs (k)(2) and (3) of this section. This proposal means that 
instead of providing a narrative description of baseline data in the 
CFSP, agencies receiving subpart 2 funds will continue data collection 
and performance monitoring through their automated information systems.
    Section 1357.15(l) requires agencies to consult with a broad range 
of stakeholders/partners and describe the consultation process used to 
inform the CFSP's development. It duplicates requirements already 
established in section 432(b)(1)(A) of the Act where agencies are 
required to identify stakeholders and partners with whom the agency 
must consult when developing the subpart 2 plan. However, the 
Department now takes the position that the 1996 final rule expanded 
paragraph (l) beyond the requirements in the Act. When CB convened 
focus groups to inform the 1994 NPRM, participants thought agencies 
would benefit from engaging in a broader and more active consultation 
process, therefore the 1996 final rule added additional stakeholders 
with whom the agency must consult. The Department now assesses it is 
best to align requirements more closely with the statute to give 
agencies greater flexibility in determining stakeholders for robust 
engagement. Accordingly, we propose to remove paragraph (l) of this 
section to give agencies the flexibility in determining which 
additional stakeholders and partners, beyond those required by statute, 
are most appropriate to consult in developing their plan for subpart 2 
programs. This means agencies will continue to develop the plan for 
subpart 2 with appropriate public and nonprofit child agencies and 
community-based organizations identified in section 432(b)(1)(A) of the 
Act, but the regulation will not require agencies to describe the 
consultation process. In addition, agencies are not required to follow 
these requirements for the subpart 1 program.
    Section 1357.15(m) requires agencies to describe in the CFSP how 
they coordinate services with other social and health services. This 
paragraph duplicates statutory requirements in sections 422(b)(2) and 
432(a)(3) of the Act, which require agencies to consult and coordinate 
with relevant agencies and service providers as a condition of 
receiving title IV-B funding. The Department now concludes that 
requiring agencies to describe the process of coordination in the CFSP 
does not meaningfully enhance Federal oversight, improve service 
delivery, or strengthen accountability. Accordingly, we propose to 
remove paragraph (m) of this section, which means that agencies will 
not need to describe the process but must continue to consult and 
coordinate as required by sections 422(b)(2) and 432(a)(3) of the Act.
    Section 1357.15(n) requires agencies to describe services and 
report financial information. Paragraphs (n)(1) and (2) require 
agencies to describe the publicly funded child welfare services 
continuum. We propose to remove paragraphs (n)(1) and (2) of this 
section because they duplicate statutory requirements in sections 
422(b)(3) and 432(a)(5)(A) of the Act. Additionally, statutory 
amendments in the Adoption and Safe Families Act of 1997 (Pub. L. 105-
89) revised the service categories within title IV-B, rendering these 
paragraphs outdated.
    Section 1357.15(n)(3) requires that agencies provide estimates for 
the next fiscal year for the subparts 1 and 2 services in either the 
CFSP or the CFS-101, including: the population the agency will serve, 
the geographic area where the agency will provide services, number of 
individuals the agency will serve, and the estimated expenditures for 
title IV-B, Chafee and CAPTA. In response to the 2025 FRN, three states 
recommend streamlining the CFS-101 to reduce duplication and burden in 
reporting expenditure and service information. Suggestions included 
eliminating parts II and III of the CFS-101 because they are 
duplicative. Commenters also suggested reporting only high-level 
expenditure summaries in the CFSP/APSR and not estimated expenditure 
amounts, noting the expenditure reporting is duplicative across the 
CFSP, CFS-101, and CB-496. One tribe and a tribal organization 
recommend creating tribe-specific CFS-101 forms and simplifying the 
CFS-101 by eliminating reporting anticipated expenditures. Another 
tribe recommended allowing tribes to submit Parts I and II only after 
allocation amounts are confirmed.
    We propose to remove (n)(3) because it duplicates the requirements 
for the CFS-101 in section 432(a)(8)(B)(i) of the Act. This proposed 
change will not alter the agency's obligations under the statute, which 
continues to require that agencies report the following information: 
(1) the planned child and family services expenditures by the agency 
for the next fiscal year, and (2) for the most recent fiscal year, the 
number of families and children, the population served, the geographic 
areas served, and the actual expenditures of title IV-B funds. 
Consistent with our proposal to remove Sec.  1357.15(a)(1), the 
regulation will not require tribes receiving only subpart 1 funding to 
submit a CFS-101. Although CFS-101 reporting requirements are rooted in 
statute beyond the scope of a rulemaking, we believe that removing 
paragraph (n)(3) will help eliminate some of the burdensome reporting 
requirements.
    Section 1357.15(o) requires agencies to explain in the CFSP 
linkages and coordination between family preservation and family 
support services with other programs. Paragraphs (o)(1) and (3) of this 
section require agencies to explain how funds will be used to develop 
or expand services and how services are coordinated across other public 
service programs. We propose to remove paragraphs (o)(1) and (3) of 
this section because they duplicate statutory requirements in sections 
422(b)(2) and 432(a)(3) of the Act and impose additional burdensome 
requirements beyond what is required by the statute. This proposed 
change will not alter the agency's obligations to describe coordination 
between federal and state programs, because the statutory requirements 
continue to apply. However, the regulatory requirement to describe in 
detail how title IV-B funds will be used to develop or expand family 
support and preservation services and how those services are 
coordinated with existing services across the child and family services 
continuum, other public systems (e.g., health, education, housing, 
substance abuse, and courts), and federally and non-federally funded 
public and nonprofit programs is unnecessarily burdensome.
    Section 1357.15(o)(2) requires states to describe how CAPTA and 
Chafee funds are coordinated with and integrated into the child and 
family services continuum. This provision was included in the 1996 
final rule to ensure

[[Page 63232]]

that the CFSP included all components of the broader child and family 
services continuum. However, title IV-B of the Act does not require 
states to include information about CAPTA or Chafee coordination in the 
CFSP. CAPTA separately requires states to assure, to the maximum extent 
practicable, that the CAPTA plan is coordinated with the title IV-B 
plan (42 U.S.C. 5106a(b)(2)), and section 477 of the Act does not 
contain such a requirement. We propose to remove paragraph (o)(2) of 
this section because coordination is already addressed through CAPTA's 
statutory requirements, and Chafee does not impose a title IV-B 
coordination requirement. Therefore, the Department now assesses that 
paragraph (o)(2) of this section is unnecessary and duplicative. This 
proposal means agencies will no longer need to explain how they 
coordinate and integrate CAPTA and Chafee programs into the service 
continuum.
    Section 1357.15(p) requires that agencies describe in the CFSP how 
title IV-B services are designed to assure the safety and protection of 
children, consistent with the service principles in 45 CFR 1355.25. The 
1996 final rule codified the child and family services principles in 
Sec.  1355.25 to assure that services designed with title IV-B funding 
would be consistent with a vision expressed by practitioners in the 
field and used as the basis for development of effective, responsive, 
and quality services programs. However, based on ACF's experience 
administering funding for title IV-B programs, this narrative in the 
CFSP has limited practical value for agencies or Federal oversight and 
we now believe it is burdensome, diverting agency resources from 
activities that directly support child and family outcomes. Therefore, 
we propose to remove paragraph (p) of this section and 1355.25, which 
means the regulations applicable to title IV-B will no longer require 
agencies to describe how services are consistent principals of child 
and family services.
    Section 1357.15(q) requires states to explain in the CFSP how 
services help meet the requirements in section 422(b)(8) of the Act 
(previously codified at section 422(b)(9) of the Act) and how states 
will comply with section 422(b)(8) of the Act with respect to Indian 
children who may be under the jurisdiction of, or served by, a tribe. 
Section 422(b)(8) of the Act requires agencies to assure they operate 
and implement specific child welfare protections, including: a 
statewide information system; a case review system; a service program 
designed to help children achieve permanency; a preplacement prevention 
services program; and procedures for children abandoned at or shortly 
after birth (often referred to collectively as ``protections''). We 
propose to remove the first sentence of paragraph (q) because it 
duplicates the statutory requirements in sections 422(b)(8) and 471 of 
the Act. We propose to remove and redesignate the second sentence of 
paragraph (q) that requires states to describe in the CFSP the 
arrangements made with the tribe for protections in section 422(b)(8) 
of the Act to Indian children under both state and tribal jurisdiction, 
to Sec.  1355.21(d). It is important for states to clearly identify and 
describe any arrangements with tribes to ensure that all children 
receive the protections and that no child is inadvertently excluded. A 
tribe may, pursuant to an agreement with the state, assume 
responsibility for providing these protections for Indian children, 
however, the state retains ultimate statutory responsibility for 
ensuring that the protections in section 422(b)(8) of the Act are 
provided to all children in foster care. The requirements of paragraph 
(q) are not specifically duplicated in statute, therefore we propose to 
remove and redesignate the second sentence of paragraph (q) to Sec.  
1355.21(d) to better align this requirement with the broader regulatory 
framework governing title IV-B and IV-E plan assurances and oversight.
    Section 1357.15(r) requires title IV-B agencies to explain in the 
CFSP the process they use to select agencies and organizations for 
funding and how these agencies and organizations meet the requirement 
that family support services be community-based. This requirement was 
included in the regulations because focus groups convened by CB to 
develop the 1994 NPRM encouraged states to closely examine the work and 
accomplishments of community-based organizations. However, the Act does 
not require title IV-B agencies to provide this narrative in the CFSP. 
ACF therefore assesses that the existing regulatory requirement extends 
beyond what is necessary to implement the statutory requirements of 
title IV-B of the Act.
    Moreover, in the decades since this requirement was established, 
title IV-B agencies have integrated the selection process for agencies 
and organizations into their policies, laws, systems, and routine 
practices for planning and delivering title IV-B services to children 
and families. ACF preliminarily determines that the purpose underlying 
the narrative is now largely fulfilled through these existing state 
policies, laws, systems, and practices, eliminating the need to require 
title IV-B agencies to separately describe their provider selection 
process in the CFSP. Based on the ACF's experience administering title 
IV-B programs since this regulation was promulgated, this narrative is 
also not necessary for effective Federal oversight.
    Accordingly, ACF proposes to remove paragraph (r) to eliminate a 
reporting requirement that is not required by statute and is no longer 
necessary to achieve its intended purpose, thereby reducing unnecessary 
reporting burden on agencies. The less time an agency spends on 
administrative tasks, the more time agency staff can spend working with 
children and families receiving services under title IV-B. Removing 
paragraph (r) does not change title IV-B agencies' responsibilities for 
developing their title IV-B, subpart 2 plans with appropriate 
community-based agencies and organizations or otherwise complying with 
applicable title IV-B requirements. Rather, title IV-B agencies will 
continue to select community-based agencies and organizations through 
their established practices, policies, laws, and systems.
    Section 1357.15(s) requires that states spend a ``significant 
portion'' (defined as 25 percent) of subpart 2 funding on two service 
categories: family support and family preservation services (this does 
not apply to tribes). The Act does not define ``significant portion'' 
and subsequent amendments to the Act expanded the subpart 2 program 
from two to four service categories, adding family reunification 
services and adoption promotion and support services (see section 
431(a)(1), (2), (7), and (8) of the Act). As a result, section 
432(a)(4) of the Act requires that agencies spend significant portions 
of subpart 2 expenditures for each of the four service categories. In 
response to the addition of two subpart 2 service categories, ACF 
issued sub-regulatory guidance re-interpreting ``significant portion'' 
to mean 20 percent for each of the four service categories (see ACYF-
ACF-CB-PI-25-02, Attachment B). These changes rendered paragraph (s) of 
this section obsolete thus we propose to remove it. This proposal will 
not change states' current funding responsibilities because they must 
continue to follow the statutory requirements in section 432(a)(4) of 
the Act.
    Section 1357.15(t) requires agencies to describe in the CFSP 
specific information on their staff training, technical assistance, and 
evaluation planning. Paragraph (t)(1) of this section requires agencies 
to describe in the CFSP the staff development and training

[[Page 63233]]

funded under subparts 1 and 2 and under title IV-E of the Act. However, 
subpart 2 does not require agencies to report a training plan. The 1996 
final rule consolidated these training plan descriptions within the 
CFSP to ensure that training supported by various Federal funding 
streams was coordinated and presented in a single location. We 
considered removing Sec.  1357.15(t), however, this would eliminate the 
only requirement that ensures a unified training plan across title IV-B 
programs, potentially leading to fragmentation. Therefore, we propose 
removing and redesignating the requirement for a staff development and 
training plan to 45 CFR 1355.21(c)(3), which governs general Title IV-B 
plan requirements, and amending the language to require that agencies 
develop, maintain and implement a staff development and training plan 
applicable to programs funded under title IV-B of the Act. This 
preserves the requirement while aligning it with a program-wide 
framework rather than a subpart 2-specific plan.
    Section 1357.15(t)(2) and (3) requires agencies to describe in the 
CFSP any technical assistance, evaluation, and research activities that 
support the agencies' goals and objectives. The Act does not require 
agencies to include this description in the CFSP. Thus, we propose to 
remove paragraphs (t)(2) and (3) of this section because the Department 
now obtains sufficient information on the agency's technical assistance 
activities through other required submissions and ongoing oversight 
processes, including CFSRs, program improvement plans, CB technical 
assistance centers and ongoing communication between CB regional office 
specialists and agencies.
    Section 1357.15(u) requires agencies to describe in the CFSP the 
quality assurance system used to assess programs and services provided 
under the CFSP. This requirement was included in the 1996 final rule in 
response to a 1994 report issued by the HHS Office of Inspector General 
recommending that ACF require states to implement quality assurance 
systems. Since that time, ACF has implemented comprehensive regulatory 
and oversight frameworks to address quality assurance more directly and 
systematically in Sec.  1355.34(b)(3). Therefore, we propose to remove 
paragraph (u) because it duplicates the regulatory requirement in Sec.  
1355.34(b)(3) and the Department now takes the position that a separate 
reporting requirement is not necessary to ensure accountability. We 
propose to make conforming amendments to Sec.  1355.34(c)(3) to remove 
references to Sec.  1357.15(u) under this section, as described later 
in this preamble.
    Section 1357.15(v) requires agencies to describe how they will make 
the CFSP and APSR available to interested parties and how the state and 
tribal agency will exchange the documents with each other. We propose 
to remove paragraph (v) because the statutory requirements in section 
432(a)(5)(A) of the Act and Sec.  1355.21(c), that require plans to be 
available to the public, do not require the agency to provide a 
description of how they will do it. In addition, the statute does not 
specifically require state and tribal agencies to exchange their CFSP/
APSR with one another. These requirements impose an additional burden 
on agencies beyond what is required by the statute. This proposed 
change will not alter the agency's obligation to make the title IV-B 
plans available to the public because the statutory and other 
regulatory requirements continue to apply.

Section 1357.16 Annual Progress Reviews and Services Reports

    Section 1357.16 describes the information agencies must include in 
the APSR and final five-year report.
    Section 1357.16(a) requires agencies to conduct an interim review 
of the progress made in the previous year and submit a report to ACF 
(the APSR). Paragraphs (a)(1) through (8) of this section require that 
agencies include in the APSR: (1) the specific accomplishments toward 
meeting the agency's goals and objectives; (2) a description of any 
necessary revisions to the goals, objectives, or training plan to 
reflect changed circumstances; (3) a summary of the child welfare and/
or family preservation and family support services the agency will 
provide in the upcoming fiscal year, noting any changes in services or 
program design and including the information required under Sec.  
1357.15(n); (4) a description of planned activities in training, 
technical assistance, research, evaluation, and management information 
systems that support the plan's goals and objectives; (5) for states, 
an update on the Chafee program; and (6) for states, information 
demonstrating compliance with the maintenance of effort requirements in 
section 432(a)(7) and (8) of the Act.
    In contrast, section 432(a)(2)(C) and (5) of the Act requires 
grantees receiving funding under subpart 2 to annually: (1) perform an 
interim review of progress toward accomplishment of the goals; (2) 
revise the statement of goals in the plan, if necessary; (3) report a 
description of the services the grantee will provide in the next fiscal 
year and (4) estimate the populations the agency will serve in the next 
fiscal year. There is no annual review/reporting requirement in subpart 
1. We propose to remove paragraphs (a)(1) through (8) of this section 
because the Department assesses that they significantly expand annual 
reporting requirements beyond the statutory requirements in section 
432(a)(2)(C) and (5) of the Act. Based on our experience administering 
title IV-B, the information collected pursuant to paragraph (a) of this 
section has limited utility for grantees and Federal monitoring and 
does not materially enhance our ability to evaluate program performance 
or compliance. These requirements impose substantial administrative 
burden on agencies, including staff time dedicated to compiling 
narrative summaries and preparing documentation that frequently 
reiterates previously submitted material. This burden redirects limited 
agency administrative capacity and resources away from program 
implementation. This means that for the subpart 2 program only, 
agencies will perform an interim review of progress and report the 
information required in section 432(a)(2)(C) and (5) of the Act, but 
the regulation will not require agencies to annually report on progress 
for the subpart 1 program.
    Section 1357.16(b) establishes the submission deadlines for the 
APSR and the CFS-101. Paragraphs (b)(1), (2), and (3) of this section 
require agencies to submit the APSR and the CFS-101 for both subparts 1 
and 2 to the ACF Regional Office no later than June 30 of each year. As 
written, the regulation applies these reporting and submission 
deadlines to tribal agencies receiving only subpart 1 funding. However, 
neither section 422 nor 432 of the Act require tribal agencies only 
receiving subpart 1 funds to submit the APSR nor the CFS-101. The 
Department preliminarily determined this imposes obligations for 
subpart 1-only tribal agencies beyond those specified in statute. 
Accordingly, we propose to remove Sec.  1357.16(b)(1), (2), and (3) to 
eliminate requirements that exceed statutory authority. This means 
tribal agencies receiving only subpart 1 funds will not be required to 
submit an APSR or CFS-101 by June 30th of each fiscal year.
    Section 1357.16(b)(4) describes the APSR and CFS-101 submission 
requirements for FY 1996 through 1998. We propose to remove paragraph 
(b)(4) of this section because the phase-in dates have passed and no 
longer serve any operational or legal purpose.
    Section 1357.16(c) describes the APSR requirements for 1994. We

[[Page 63234]]

propose to remove paragraph (c) of this section because it refers to 
phase-in dates that have passed and no longer serves any operational or 
legal purpose.
    Section 1357.16(d) requires agencies to make the APSR available to 
the public. This requirement duplicates the statutory requirement in 
section 432(a)(5)(A) of the Act and Sec.  1355.21(c) for the subpart 2 
program. In addition, paragraph (d) of this section extends beyond the 
statutory language by requiring states and tribes to describe the 
exchange of APSRs between them. Since both states and tribes are 
independently required to make their APSR publicly available per 
section 432(a)(5)(A) of the Act, the Department now concludes that 
paragraph (d) is obsolete. Removing paragraph (d) of this section will 
not substantively change the grantee's obligations, because the 
statutory requirements continue to apply.
    Section 1357.16(e) addresses requirements for the FY 1999 final 
review. We propose to remove paragraph (e) of this section because it 
refers to the phase-in dates that have passed and no longer serves any 
operational or legal purpose.
    Section 1357.16(f) requires agencies to develop a five-year plan 
for FY 2000. We propose to remove paragraph (f) of this section because 
it refers to the phase-in dates that have passed and no longer serves 
any operation or legal purpose.

Section 1357.20 Child Abuse and Neglect Programs

    Section 1357.20 requires the state to assure that any child abuse 
and neglect programs or projects funded under the title IV-B program 
meet the requirements of section 106(b)(1) and (2) of CAPTA, which are 
plan requirements for the CAPTA Basic State Grant. Section 106(b)(2)(A) 
of CAPTA requires states to assure that the CAPTA Basic State Grant 
plan is coordinated, to the maximum extent practicable, with the 
subpart 1 and 2 plans. Because CAPTA already governs and enforces 
requirements on coordination of services between subparts 1 and 2 and 
CAPTA, the Department now assesses that Sec.  1357.20 is unnecessary.

Section 1357.25 Requirements for Eligibility for Additional Payments 
Under Section 427

    Section 1357.25 describes the requirements agencies must meet to 
comply with section 427 of the Act. Section 427 of the Act previously 
addressed requirements for compliance reviews and provided the 
protections that are currently in section 422(a)(8) of the Act. 
Subsequently, the Social Security Act Amendments of 1994 (Pub. L. 103-
432) repealed section 427 effective for fiscal years beginning after 
April 1, 1996, therefore we propose to remove Sec.  1357.25 because it 
is obsolete.

Section 1357.30 State Fiscal Requirements (Title IV-B, Subpart 1, Child 
Welfare Services)

    Section 1357.30 describes the fiscal requirements for states under 
subpart 1, including allotments, re-allotments, payments, enforcement 
and termination, matching or cost-sharing, maintenance of effort, and 
time limits on expenditures.
    Section 1357.30(a) defines the scope of Sec.  1357.30 to include 
subpart 1 funding for state agencies. We propose removing paragraph (a) 
of this section because we propose to remove the entire section.
    Section 1357.30(b) and (c) identifies section 421 of the Act as the 
authority for determining state allotments and section 423 of the Act 
as the authority for subpart 1 funding. These paragraphs merely cite 
the relevant statutory authority therefore we propose to remove 
paragraphs (b) and (c) of this section because they provide no utility. 
Our proposal to remove this duplicative information will not change the 
agency's obligations to follow the law, because the statutory 
requirements continue to apply
    Section 1357.30(d) identifies 2 CFR 200.339-200.340 as the 
authority for enforcement and termination of subpart 1 funding, in the 
event of an agency's failure to comply with the terms of the grant. We 
propose to remove paragraph (d) of this section because it duplicates 
government-wide requirements applicable to Federal grant awards at 2 
CFR Parts 200 and 300.
    Section 1357.30(e) describes the matching or cost sharing 
requirements for state subpart 1 grants. Paragraph (e)(1) of this 
section allows the state's contribution to be cash, donated funds, and 
non-public third-party in-kind contributions. We propose to remove 
paragraph (e)(1) of this section because it duplicates requirements 
described in Sec.  200.306. This proposal will not change the allowable 
sources of non-Federal match.
    Section 1357.30(e)(2) and (3) identifies limits on using subpart 1 
funding for daycare, foster care, and adoption assistance payments, 
according to base year 1979. We propose to remove these paragraphs 
because they are superseded by amendments to section 424(c) and (d) of 
the Act. The statute now establishes FY 2005 as the base year for 
purposes of the subpart 1 expenditure limit. There is no impact on 
agencies because they must continue to follow the statutory 
requirements.
    Section 1357.30(f) prohibits agencies from using subpart 1 funding 
for the purchase or construction of facilities. We propose to remove 
paragraph (f) of this section because it is inconsistent with the 
government-wide requirements applicable to Federal grant awards at 2 
CFR Parts 200 and 300.
    Section 1357.30(g) addresses requirements for the state's 
maintenance of effort and uses FY 1979 as the base year for purposes of 
the subpart 1 Federal and non-Federal expenditures. Subsequent 
amendments to section 424(c) of the Act updated the base year to 2005, 
thus, we propose to remove paragraph (g) of this section because it no 
longer serves any operation or legal purpose. There is no impact on 
agencies because they must continue to follow the statutory 
requirements.
    Section 1357.30(h) explains how ACF will reallot unused subpart 1 
funding. It duplicates the framework for reallotment identified in 
section 423(e) of the Act and is therefore unnecessary. We propose to 
remove paragraph (h) of this section, which will not change the 
grantee's obligations because the statutory requirements in section 
423(e) of the Act continue to apply.
    Section 1357.30(i) places a time limit on the expenditure of 
subpart 1 funds. We propose to remove paragraph (i) of this section, 
because it duplicates ACF's Supplemental Terms and Conditions for the 
Stephanie Tubbs Jones Child Welfare Services Program, available on the 
ACF website at <a href="https://acf.gov/grants/manage-grant/grant-award/award-terms">https://acf.gov/grants/manage-grant/grant-award/award-terms</a> and therefore is not necessary. This proposal will not change the 
grantee's obligations, because the grant terms and conditions continue 
to apply. Agencies continue to have two fiscal years to spend the 
funds. After that period ends, the money is no longer available.

Section 1357.32 State Fiscal Requirements (Title IV-B, Subpart 2, 
Family Preservation and Family Support Services)

    Section 1357.32 describes the fiscal requirements for states under 
subpart 2, including: allotments, re-allotments, payments, matching or 
cost sharing, maintenance of effort and time limits for expenditures.
    Section 1357.32(a) defines the scope of Sec.  1357.32 to include 
subpart 2 funding for state agencies. We propose to remove paragraph 
(a) of this section because we propose to remove the entire section, 
and therefore defining the scope is unnecessary.

[[Page 63235]]

    Section 1357.32(b) and (c) identifies section 433 of the Act as the 
authority for determining state allotments and section 434 of the Act 
as the authority for title IV-B subpart 2 funding. These paragraphs 
merely cite the relevant statutory authority. We propose to remove 
paragraphs (b) and (c) of this section, which will not change the 
obligation of the state agency to adhere to statutory requirements.
    Section 1357.32(d) describes the matching or cost sharing 
requirements for subpart 2 grants. Paragraph (d)(1) of this section 
allows the state's contribution to be cash, donated funds, and non-
public third-party in-kind contributions. This paragraph duplicates 
requirements described in 2 CFR 200.306. We propose to remove paragraph 
(d)(1) of this section because it is duplicative of government-wide 
requirements applicable to Federal grant awards at 2 CFR Parts 200 and 
300.
    Paragraph (d)(2) of this section prohibits states from using other 
Federal funding to meet the state's match. We propose to remove 
paragraph (d)(2) of this section because it duplicates the requirements 
described in section 434(b)(1) of the Act and therefore is not 
necessary. The state must continue to abide by the prohibition in 
statute.
    Section 1357.32(e) prohibits the agency from using subpart 2 funds 
for the purchase or construction of facilities. We propose to remove 
paragraph (e) of this section because it is inconsistent with the 
government-wide requirements applicable to Federal grant awards at 2 
CFR Parts 200 and 300.
    Section 1357.32(f) prohibits states from using subpart 2 funds to 
supplant Federal or non-Federal funds for family preservation and 
family support services and sets the base year as 1992. Subsequent 
amendments to subpart 2 expanded the service categories from two to 
four. This paragraph duplicates statutory requirements in section 
432(a)(7)(A) of the Act requiring states to assure that subpart 2 
funding will not supplant Federal or non-Federal funds for existing 
services and activities, which promote the purposes of subpart 2. 
Therefore, we propose to remove paragraph (f) of this section. This 
proposal will not alter the obligations of state agencies because 
agencies must continue to adhere to the requirements in section 
432(a)(7)(A) of the Act.
    Section 1357.32(g) places a two-year time limit on the expenditure 
of funds. We propose to remove it because it duplicates requirements in 
section 434(b)(2) of the Act and is therefore unnecessary. This 
proposal will not change the state agency's obligations because they 
will continue to follow the statute.
    Section 1357.32(h) places limitations on using subpart 2 funding 
for the state's administrative costs. We propose to remove paragraph 
(h)(1) of this section, which prohibits states from using subpart 2 
funds for more than 10 percent of costs necessary to administer the 
program because it duplicates the requirements in section 432(a)(4) of 
the Act. This proposal will not impact state agency obligations because 
states must abide by the requirements in statute.
    Section 1357.32(h)(2) and (3) defines administrative costs and 
clarify that costs related to developing and implementing the CFSP are 
program costs. When the regulation was issued in 1996, it defined 
``administrative costs'' and ``program costs'' in response to comments 
on the 1994 NPRM and clarified that planning/preparation of the CFSP is 
a program cost and therefore not subject to the 10 percent 
administrative cap limitation. Since that time, agencies have reported 
such costs separate from the administrative costs on the CFS-101. 
Therefore we propose to remove paragraphs (h)(2) and (3) of this 
section because we believe this clarification is no longer necessary. 
The distinction between administrative and program costs is now well 
established in title IV-B reporting and agencies will continue to 
identify and report these costs as program costs through the CFS-101 
and in accordance with applicable cost principles and ACF instructions. 
Removing these paragraphs will not change the treatment of allowable 
planning and preparation costs, rather, it would eliminate regulatory 
text that is no longer needed.

Section 1357.40 Direct Payments to Indian Tribal Organizations (Title 
IV-B, Subpart 1, Child Welfare Services)

    Section 1357.40 describes the fiscal requirements applicable to 
tribal agencies under title IV-B, subpart 1, including: eligibility, 
development of a five- year plan, child welfare services and 
protections, grants, enforcement and termination, matching or cost 
sharing, and time limits on expenditures.
    Section 1357.40(a) allows Indian tribal organizations, consortia or 
other group of eligible tribal organizations to apply for a subpart 1 
grant. We propose to remove this paragraph because it duplicates 
section 428 of the Act, and therefore it is unnecessary. This change 
does not result in any substantive changes for tribal agencies because 
they will continue to follow the statute.
    Section 1357.40(b)(1) requires tribal agencies to have an approved 
CFSP to receive funding under subpart 1. This requires that tribal 
agencies operating only the subpart 1 program adhere to the CFSP 
framework, including the same planning cycles, submission timelines, 
and reporting structures that were statutorily required only for 
agencies that receive subpart 2 funding. Consistent with the proposal 
in Sec.  1357.15(a) the Department now assesses that requiring tribal 
agencies receiving only subpart 1 to adhere to the CFSP requirements 
creates undue administrative burden and removes their flexibility to 
manage timeframes. Therefore, we propose to remove paragraph (b)(1) of 
this section, which means the regulations will no longer require tribal 
agencies receiving only subpart 1 funding to submit a CFSP.
    Section 1357.40(b)(2) only requires tribal agencies to comply with 
section 422(b)(1) through (8) of the Act and Sec.  1355 because at the 
time this paragraph was promulgated, section 422(b) only contained 
eight paragraphs. Subsequent statutory amendments added section 
422(b)(9) through (19) to the Act. These requirements are applicable to 
tribal agencies, but this regulation was never updated to reference 
paragraphs (9) through (19). Specifically, section 422(b)(9), (10), 
(11), and (12) of the Act was added by the Adoption and Safe Families 
Act of 1997, paragraphs (13) and (14) were added by the Fostering 
Connections to Success and Increasing Adoptions Act of 2008 (Pub. 
L.110-351), paragraphs (15) and (16) were added by the Preventing Sex 
Trafficking and Strengthening Families Act (Pub. L. 113-183), enacted 
in 2014, and paragraphs (17), (18), and (19) were added by the Family 
First Prevention Services Act (Pub. L. 115-123) enacted in 2018. 
Therefore, we propose to remove Sec.  1357.40(b)(2) because it is out 
of date.
    Section 1357.40(c)(1) requires tribes to describe how they work 
with states for providing child welfare services and the protections in 
section 422(b)(8) of the Act for children under both state and tribal 
jurisdiction. We propose to remove paragraph (c)(1) of this section 
because it duplicates Sec.  1357.15(q), which we proposed to 
redesignate as Sec.  1355.21(d)(2). As we described in Sec.  
1357.15(q), a tribe may, pursuant to an agreement with the state, 
assume responsibility for providing these protections for Indian 
children. However, the state retains ultimate statutory responsibility 
for ensuring that the protections required by section 422(b)(8) are 
provided to all children in foster care, including Indian children. We 
determined that this prohibition is more appropriately addressed in the

[[Page 63236]]

regulations at Sec.  1355.21, which govern title IV-B plan 
requirements, thus, agencies will continue to be required to provide 
the protections.
    Section 1357.40(c)(2) and (3) requires tribal agencies to describe: 
its legal responsibility for children in foster care on the reservation 
and those awaiting adoption, the tribes' jurisdiction in civil and 
criminal matters, whether the tribe has a court and the type of court 
and codes. We propose to remove paragraphs (c)(2) and (3) of this 
section because ACF does not use this information for any specific 
purpose, nor to evaluate program performance or compliance. This means 
the regulations will not require tribal agencies to describe their 
legal responsibilities, jurisdiction, and court structure.
    Section 1357.40(c)(4) requires that tribal agencies receiving 
subpart 1 funding identify the standards for foster family homes, 
institutional care, and day care. We propose to remove paragraph (c)(4) 
of this section because we now conclude that it imposes a requirement 
on tribal agencies that are not similarly imposed on state agencies 
administering comparable child welfare programs. We cannot identify a 
reason why ACF now needs this information and requiring it only for 
tribes creates an unnecessary administrative burden for tribal 
agencies. Removing paragraph (c)(4) of this section would promote 
regulatory parity and reduce administrative burden on tribes without 
compromising the safety and well-being of children in care.
    Section 1357.40(c)(5) requires tribes to describe their political 
subdivisions. We propose to remove paragraph (c)(5) of this section 
because ACF does not use this information to evaluate program 
performance or compliance. The Department assesses this requirement 
imposes a burden on tribal agencies without any corresponding benefits. 
This proposal means the regulation will no longer require tribal title 
IV-B agencies operating a subpart 1 program to submit information about 
its political subdivisions.
    Section 1357.40(c)(6), (7), and (8) requires that tribal 
organizations provide documentation demonstrating that the tribal 
organization is controlled, sanctioned, or chartered by the governing 
body of the Indians to be served, along with Tribal resolution(s) 
authorizing the application for a direct subpart 1 grant. We propose 
redesigning these requirements as Sec.  1355.21(e)(2) because we 
believe this information is important to retain as a reporting 
requirement. A tribal organization represents a group of tribes, 
however, in some circumstances, not all tribes in the organization may 
opt to participate in the title IV-B program. Clearly identifying which 
tribes in the organization are applying for the title IV-B grant, and 
the tribe's authorization, is essential for determining an accurate 
grant allotment. The requirements of paragraphs (c)(6), (7) and (8) are 
not specifically duplicated by a statutory requirement, thus, we 
propose to remove and redesignate them to Sec.  1355.21(e)(2) to better 
align this requirement with the broader regulatory framework governing 
title IV-B and IV-E plan assurances and oversight.
    Section 1357.40(d)(1) requires a tribe receiving only a subpart 1 
grant to submit a CFSP. This requires that tribal agencies operating 
only the subpart 1 program adhere to the CFSP framework, including the 
same planning cycles, submission timelines, and reporting structures 
that were statutorily required only for entities that receive subpart 2 
funding. Consistent with the proposal to remove Sec.  1357.15(a), the 
Department now assesses that requiring tribal agencies receiving only 
subpart 1 to adhere to the CFSP requirements creates undue 
administrative burden and removes their flexibility to manage 
timeframes. Therefore, we propose to remove paragraph (d)(1) of this 
section, which means that the regulations will no longer require tribal 
agencies receiving only subpart 1 funding to submit a CFSP.
    Section 1357.40(d)(2) describes the process for determining the 
tribal allotment of subpart 1 funds. We propose to remove paragraph 
(d)(2) of this section because it duplicates section 428(b) of the Act. 
This proposal will not change the tribal agency's obligations, because 
the statutory requirements continue to apply.
    Section 1357.40(d)(3) explains that if a tribal title IV-B agency's 
service area includes population from more than one state, a 
proportionate amount of the subpart 1 grant will be paid from each 
state's allotment. We propose to redesignate (d)(3) to Sec.  
1355.21(e)(1) because it is important to retain information for 
agencies and applicants on how ACF determines the formula for Federal 
funding.
    Section 1357.40(d)(4) prohibits tribes from using subpart 1 funds 
to supplant Federal or non-Federal funds. We propose to remove this 
requirement because it is better suited to be included in the grant 
terms and conditions.
    Section 1357.40(d)(5) describes the fiscal and administrative 
requirements that apply to tribal agencies that receive subpart 1 
funding. We propose to remove paragraphs (d)(5)(i) and (ii)(A) of this 
section because it duplicates the government-wide regulations 
applicable to Federal grants. This will not change the obligations of 
tribal agencies because 2 CFR Parts 200 and 300 continue to apply.
    Section 1357.40(d)(5)(ii)(B) specifies the total amount of 
allowable Federal funding and permissible sources of non-Federal match 
for tribes. We propose to remove paragraph (ii)(B) of this section 
because it is superseded by amendments to section 424(c) and (d) of the 
Act. The statute now establishes FY 2005 as the base year for purposes 
of the subpart 1 expenditure limit. There is no impact on tribal 
agencies because they will continue to meet the statutory requirements.
    Section 1357.40(d)(5)(ii)(c) allows the tribal agency's match for 
subpart 1 funds to include foster care maintenance payments in any 
amount. We propose to remove this paragraph because it duplicates ACF's 
Supplemental Terms and Conditions for the Stephanie Tubbs Jones Child 
Welfare Services Program, available on the ACF website at <a href="https://acf.gov/grants/manage-grant/grant-award/award-terms">https://acf.gov/grants/manage-grant/grant-award/award-terms</a>.
    Section 1357.40(d)(5)(iii) prohibits tribal agencies from using 
title IV-B subpart 1 funding for the purchase or construction of 
facilities. We propose to remove paragraph (5)(iii) of this section 
because it is addressed in the government-wide requirements applicable 
to Federal grant awards at 2 CFR parts 200 and 300.
    Section 1357.40(d)(5)(iv) places a time limit on the expenditure of 
funds by tribal agencies. We propose to remove this paragraph because 
it duplicates ACF's Supplemental Terms and Conditions for the Stephanie 
Tubbs Jones Child Welfare Services Program, available on the ACF 
website at <a href="https://acf.gov/grants/manage-grant/grant-award/award-terms">https://acf.gov/grants/manage-grant/grant-award/award-terms</a>. 
This will not change the agency's obligations, because the grant terms 
and conditions continue to apply. Tribal agencies continue to have two 
fiscal years to spend the funds. After that period ends, the money is 
no longer available for the tribal agency to spend.
    Section 1357.40(d)(6) explains the formula for determining how much 
Federal funding will be available to tribes. We propose to redesignate 
(d)(6) to Sec.  1355.21(e)(1), because it is important to retain 
information for tribal agencies and applicants on how ACF determines 
the formula for Federal funding.

[[Page 63237]]

Section 1357.50 Direct Payments to Indian Tribal Organizations (Title 
IV-B, Subpart 2, Family Preservation and Support Services)

    Section 1357.50 identifies the fiscal and administrative 
requirements applicable to tribes administering grants under subpart 2, 
including: eligibility for funding, allotments, exemptions of certain 
requirements, matching requirements, and time limits on expenditures.
    Section 1357.50(a) defines the terms, ``Alaska Native 
Organization,'' ``Indian tribe,'' and ``tribal organization.'' We 
propose to remove paragraph (a) of this section because these terms are 
defined in section 431(a)(5) and (6) of the Act. Removing the 
regulatory definitions will not impact tribal agencies.
    Section 1357.50(b), (c), and (d) explains tribal eligibility 
requirements for phase-in dates that passed. We propose to remove 
paragraphs (b), (c), and (d) of this section because they are obsolete.
    Section 1357.50(e) explains tribal allotments are based on section 
433 of the Act. We propose to remove paragraph (e) of this section 
because it merely cites the relevant statutory authority, and, 
therefore, it is not necessary. This proposal will not impact tribal 
agencies because the statute continues to apply.
    Section 1357.50(f) identifies subpart 2 exemptions for tribal 
agencies. Section 432(b)(2)(A) of the Act authorizes the Secretary to 
exempt tribes from the 10 percent limit on administrative costs and the 
requirement that tribal agencies use a significant portion of funds 
toward each of the service categories. Paragraph (f) exercises the 
Secretary's statutory authority to waive these requirements. However, 
we propose to remove paragraph (f) of this section to provide the 
Secretary more flexibility to make such determinations based on changes 
in statute and child welfare programs.
    Section 1357.50(g)(1) and (2) identifies the tribal matching 
requirements for subpart 2 grants. We propose to remove paragraphs 
(g)(1) and (2) of this section because it duplicates requirements in 
section 434(a)(1) of the Act and 2 CFR part 200. Removing paragraphs 
(g)(1) and (2) will not change the tribe's obligations because the 
statute and regulatory requirements continue to apply.
    Section 1357.50(g)(3) allows tribal agencies operating a subpart 2 
program to use funds received under the Indian Child Welfare Act of 
1978 (ICWA), the Indian Self-Determination and Education Assistance Act 
(ISDEAA), and the Community Development Block Grant (CDBG) program as 
matching funds. In general, whether Federal funds may be used to 
satisfy a non-Federal matching requirement depends on the statutory 
authority governing those funds. At the time the 1996 final rule was 
promulgated, the statutes authorizing ICWA, ISDEAA, and CDBG funds 
permitted their use as non-Federal matching funds in certain 
circumstances (see for example, 25 U.S.C. 1931(b) and 25 U.S.C. 
5322(c)). We propose to remove paragraph (g)(3) of this section 
because, at this time, it duplicates the relevant statutes' authority 
to use Federal funds as match. This proposal also prevents the 
regulation from becoming outdated or inconsistent with the law, 
whenever there is a change to the statute. There is no change for 
tribal agencies at this time. The tribal agency may continue to use 
other Federal funds to meet the title IV-B non-Federal match as 
permitted by the applicable statute.
    Section 1357.50(h) places a time limit on the expenditure of 
subpart 2 funds. We propose to remove paragraph (h) of this section 
because it duplicates requirements in section 434(b)(2) of the Act and 
is therefore unnecessary. This will not change the agency's 
obligations, because the statutory requirements continue to apply. 
Tribal agencies continue to have two fiscal years to spend the funds. 
After that period ends, the money is no longer available for the tribal 
agency to expend.

Section 1355.21 Plan Requirements for Titles IV-E and IV-B

    We propose the following changes in 45 CFR 1355.21.
    We propose revising Sec.  1355.21(c) to redesignate it as paragraph 
(c)(1), reference the title IV-B subpart 1 plan, and remove references 
to Sec.  1357.15 and Sec.  1357.16 consistent with our proposal to 
remove Sec.  1357.
    We propose a new paragraph Sec.  1355.21(c)(2) to include the 
regulatory requirements we proposed to redesignate to Sec.  1355 from 
Sec.  1357.10(b). As previously explained, this continues to ensure 
that individuals who move from one state or tribal jurisdiction to 
another are able to obtain title IV-B services without being required 
to reside in the new state or tribal jurisdiction for a specified 
period before receiving services and that services are provided on the 
basis of need.
    We propose a new paragraph Sec.  1355.21(c)(3) to include the 
regulatory requirements we proposed to redesignate to Sec.  1355 from 
Sec.  1357.15(t), requiring title IV-B agencies to develop, maintain, 
and implement a staff development and training plan applicable to 
programs funded under title IV-B subparts 1 and 2 of the Act.
    We propose adding a new Sec.  1355.21(d) consistent with our 
proposal to redesignate the requirements in Sec.  1357.15(q) to Sec.  
1355.21. As previously explained, states must continue to describe the 
arrangements made with the tribe to provide for protections in section 
422(b)(8) of the Act to Indian children under both state and tribal 
jurisdiction and a statement of legal responsibility for children in 
foster care on the reservation and those awaiting adoption.
    We propose adding a new Sec.  1355.21(e) addressing tribal title 
IV-B programs consistent with our proposal to redesignate the 
requirements in Sec.  1357.40(d)(3) and (6) to Sec.  1355.21. We 
propose to add a new Sec.  1355.21(e)(1) to continue providing tribal 
agencies and applicants information on how ACF determines the formula 
for Federal funding for tribes under title IV-B subpart 1.
    We propose adding a new Sec.  1355.21(e)(2) consistent with our 
proposal to redesignate the requirements in Sec.  1357.40(c)(6), (7), 
and (8) to Sec.  1355.21. As previously explained, tribes and tribal 
organizations must continue to provide documentation demonstrating that 
the tribal organization is controlled, sanctioned, or chartered by the 
governing body of the Indians to be served, along with Tribal 
Resolution(s) authorizing the application for a direct subpart 1 grant, 
and subpart 2 if applicable.

Section 1355.33 Procedures for the Review

    We propose conforming changes in 45 CFR 1355.33.
    We propose revising Sec.  1355.33(a)(2)(ii) to remove the reference 
to 45 CFR 1357.15(l) and replace it with a reference to the statutory 
authority in section 432(b)(1) of the Act. This is consistent with our 
proposal to remove Sec.  1357.
    We propose revising Sec.  1355.33(c)(4)(iv) to remove the reference 
to reference to 45 CFR 1357.15(l) consistent with our proposal to 
remove Sec.  1357.

Section 1355.34 Criteria for Determining Substantial Conformity

    We propose the following conforming changes in 45 CFR 1355.34.
    We propose revising Sec.  1355.34(b)(2)(ii), which addresses both 
title IV-B subpart 1 and 2 requirements and assurances, to remove the 
reference to the CFSP. This edit is consistent with

[[Page 63238]]

our proposal to remove Sec.  1357.15(a)(1), which means that agencies 
will only report subpart 2 requirements.
    We propose revising Sec.  1355.34(b)(2)(A) and (B) to remove the 
references to Sec.  1357.15(p) consistent with our proposal to remove 
Sec.  1357.
    We propose revising Sec.  1355.34(c)(3) to remove the reference to 
Sec.  1357.15(u). We propose revising paragraph (c)(3)(ii) to remove 
``CFSP'' and replace it with ``title IV-B plans'' because a title IV-E 
agency will be evaluating the quality of services under both subparts 1 
and 2. This is consistent with the proposal to remove Sec.  
1357.15(a)(1).
    We propose revising Sec.  1355.34(c)(4) to remove the reference to 
Sec.  1357.15(t) consistent with our proposal to remove Sec.  1357.
    We propose revising Sec.  1355.34(c)(4)(i) to remove the reference 
to objectives consistent with our proposal to remove Sec.  1357.
    We propose revising Sec.  1355.34(c)(4)(iv) to remove the reference 
to the CFSP and replace it with ``title IV-B plans'' because a title 
IV-E agency will provide ongoing training for both the subpart 1 and 
subpart 2 programs pursuant to Sec.  1355.21(d).
    We propose revising Sec.  1355.34(c)(5) to remove the reference to 
Sec.  1357.15(n) consistent with our proposal to remove Sec.  1357.
    We propose revising Sec.  1355.34(c)(6)(i) through (6)(iv) to 
remove references to Sec.  1357.15 and replace them with references to 
the statutory authority in section 432(a) and (b) of the Act consistent 
with our proposal to remove Sec.  1357.

Section 1355.35 Program Improvement Plans

    We propose revising Sec.  1355.35(f) to remove the reference to 
``objectives'' and replace the reference to Sec.  1357.16 with a 
reference to the statutory authority section 432(b)(a)(2)(C) of the 
Act. These proposed revisions are consistent with our proposal to 
remove Sec.  1357.

V. Regulatory Impact Analysis

1. Introduction

    We have examined the impacts of the proposed rule under E.O. 12866, 
Executive Order 13563, Executive Order 14192, the Regulatory 
Flexibility Act (5 U.S.C. 601-612), and the Unfunded Mandates Reform 
Act of 1995 (Pub. L. 104-4).
    Executive Orders 12866 and 13563 direct us to assess all benefits 
and costs of available regulatory alternatives and, when regulation is 
necessary, to select regulatory approaches that maximize net benefits. 
Executive Order 14192 requires that any new incremental costs 
associated with significant new regulations ``shall, to the extent 
permitted by law, be offset by the elimination of existing costs 
associated with at least ten prior regulations.'' The Office of 
Information and Regulatory Affairs (OIRA) has determined that this 
proposed rule is a significant action under Executive Order 12866 
Section 3(f). This analysis indicates that the proposed rule, if 
finalized, would be a deregulatory action under Executive Order 14192 
because it is anticipated to result in $1.4 million in annualized 
savings.
    The Regulatory Flexibility Act (RFA) requires agencies to consider 
the impact of their regulatory proposals on small entities. This 
proposed rule affects state and tribal title IV-E/IV-B agencies, and 
those entities are not considered to be small entities for purposes of 
the RFA. Further, the proposed rule would reduce the burden on these 
entities. Therefore, this analysis concludes, and HHS certifies, that 
the proposed rule would not have a significant economic impact on a 
substantial number of small entities.
    The Unfunded Mandates Reform Act of 1995 (UMRA) generally requires 
that each agency conduct a cost-benefit analysis; identify and consider 
a reasonable number of regulatory alternatives; and select the least 
costly, most cost-effective, or least burdensome alternative that 
achieves the objectives of the rule before promulgating any proposed or 
final rule that includes a Federal mandate that may result in 
expenditures of more than $100 million (adjusted for inflation) in at 
least one year by State, local, and tribal governments, in the 
aggregate, or by the private sector. Each agency issuing a rule with 
relevant effects over that threshold must also seek input from State, 
local, and tribal governments. The current threshold, after adjustment 
for inflation using the gross domestic product implicit price deflator, 
is $193 million, reported in constant 2025 dollars. This proposed rule 
would not result in an expenditure in any year that meets or exceeds 
this amount.

2. Analysis of Economic Impacts

    We have assessed the likely economic impacts of the proposed rule 
by comparing the policy scenario with a baseline scenario of the 
relevant regulations (45 CFR 1357 that implement title IV-B of the 
Social Security Act) continuing without modification. We anticipate the 
most notable economic impacts would relate to a reduction in burden for 
child welfare agencies from reduced time spent on administrative and 
reporting requirements related to title IV-B programs, and 
corresponding reductions in time spent by ACF staff receiving and 
reviewing these reports. The ``Paperwork Reduction Act'' Section of 
this document describes our approach to quantifying these impacts, 
which generally entails a comparison of our quantitative projection of 
the time and costs under the baseline scenario with a similar 
projection corresponding to the policy scenario of the NPRM. That 
analysis identifies annual cost savings of about $1.4 million for child 
welfare agencies (Table 3) and about $0.3 million in annual cost 
savings for ACF, both reported in 2025 dollars. Combined, we estimate 
total annual cost savings of about $1.7 million. For the purposes of 
this analysis, we assume that these cost savings would begin to accrue 
in 2027 and occur in every subsequent year. Given that these cost 
savings are constant over time, we report annualized estimates of $1.7 
million, which are unaffected by the choice of discount rate (e.g., 3% 
or 7%, per Office of Management and Budget (OMB) Circular A-4), or the 
chosen time horizon of analysis (e.g., 1 year). This estimate is most 
relevant for Executive Order 12866.
    Following the Accounting Methods under Executive Order 14192, we 
also report an estimate that adjusts these estimates to 2024 dollars 
using the GDP Deflator and adopts a base year for discounting of 2024. 
For this calculation, we assume the NPRM would not result in any 
economic impacts any year prior to 2027, and that the identified annual 
cost savings would accrue in perpetuity. With these assumptions, we 
report an annualized cost savings of $1.4 million for the purposes of 
Executive Order 14192.

3. Alternatives Considered

    ACF considered removing only sections of the regulation that 
agencies no longer rely on because they are obsolete, superseded or 
duplicated in statute. However, agencies are not currently reporting 
this information, therefore, this option does not reduce the regulatory 
burden as required by the Supporting America's Children and Families 
Act.

4. Assessment of Federal Regulations and Policies on Families

    The Treasury and General Government Appropriations Act of 1999 
requires Federal agencies to determine whether a policy or regulation 
may negatively affect family well-being (Pub.

[[Page 63239]]

L. 105-277, 654, 112 Stat. 2681-528). If the agency determines a policy 
or regulation negatively affects family well-being, then the agency 
must prepare an impact assessment addressing seven criteria specified 
in the law. ACF concluded it is not necessary to prepare a family 
policymaking assessment because this NPRM will not have any impact on 
the autonomy or integrity of the family as an institution.

5. Paperwork Reduction Act

    The Paperwork Reduction Act of 1995 (Pub. L. 104-13) seeks to 
minimize government-imposed burden from information collections on the 
public. In keeping with the notion that government information is a 
valuable asset, it also is intended to improve the practical utility, 
quality, and clarity of information collected, maintained, and 
disclosed. The Paperwork Reduction Act defines ``information'' as any 
statement or estimate of fact or opinion, regardless of form or format, 
whether numerical, graphic, or narrative form, and whether oral or 
maintained on paper, electronic, or other media (5 CFR 1320.3(h)). This 
includes requests for information to be sent to the government, such as 
forms, written reports and surveys, recordkeeping requirements, and 
third-party or public disclosures (5 CFR 1320.3(c)). Collection 
requirements for Title IV-B, Chafee and CAPTA programs are currently 
authorized under OMB number 0970-0426. There is no new burden to the 
Federal government or to states and tribes as a result of this proposed 
regulation. However, we provide the following burden estimate because 
the Supporting America's Children and Families Act requires that the 
Department reduce the administrative burden required for compliance 
with the title IV-B program by at least 15 percent and modify subpart 2 
reporting requirements imposed on tribes with a total allotment of not 
more than $50,000 per fiscal year (section 441(a)(2) of the Act).
    2025 FRN comments: In response to the 2025 FRN, one commenter 
estimated that the current cost to tribal agencies of developing an 
application and complying with reporting requirements can easily reach 
$5,000 per year, with as much as $8,000 in staff time to develop the 
CFSP and $4,000 to develop the APSR. Another commenter reported that a 
tribe receiving $5,000 annually spent $7,000 annually to complete the 
CFSP and APSR. We also received a comment that estimated a state agency 
spends 500 hours of work with stakeholders and contracted providers for 
APSR and over 600 hours for CFSP. ACF considered the information 
provided by these commenters as we developed the burden estimate for 
this NPRM. However ACF could not use this information to calculate the 
average burden hours/cost of this NPRM because there were too few 
commenters and the information was not sufficiently detailed to 
generalize to all agencies.
Burden Estimate
    Baseline Estimated Burden Hours: We used data from the 2023--2026 
Information Collection Request for the CFSP, APSR and Form CFS-101 
(herein referred to as ``Information Collection'') as the baseline for 
the current burden hours per respondent associated with the 
requirements in section 1357. This NPRM is considered a deregulatory 
action because we propose to reduce the burden associated with 
implementing the and monitoring the title IV-B, CAPTA, and Chafee 
programs. To determine the burden reduction, we took the number of 
requirements that agencies must report in the Information Collection 
and estimated the burden hours associated with each reporting 
requirement. See Table 1.

                        Table 1--Estimated Burden Hours With no Changes to the Regulation
----------------------------------------------------------------------------------------------------------------
                                                                      Total burden
                                    Number of       Average hours       hours per       Number of   Total annual
                                    reporting      per requirement   respondent from   respondents  burden hours
                                  requirements                         #0970-0426
----------------------------------------------------------------------------------------------------------------
APSR..........................  55..............              1.49                82           235        19,270
CFSP..........................  56 (every 5                  10.98               123           235        28,905
                                 years)/11.2 per
                                 year.
CFS-101.......................  3...............              1.66                 5           235         1,175
                               ---------------------------------------------------------------------------------
    Total.....................  ................  ................  ................  ............        49,350
----------------------------------------------------------------------------------------------------------------

Assumptions for Estimates
    We made the following assumptions when calculating the burden and 
costs associated with the changes to remove section 1357:
    <bullet> We estimate 235 respondents receive title IV-B subpart 2 
funding, which is comprised of 56 states, territories and insular areas 
and 179 tribes.
    <bullet> We used Bureau of Labor Statistics (BLS) wage data from 
May 2024 to determine the cost per hour, applying the same estimates 
for our baseline and proposed rule scenario. We used the BLS job code 
for Social and Human Services Assistants [21-1093] and wage data from 
May 2024, which is $22.64 per hour. To account for fringe benefits and 
overhead the rate was multiplied by two and adjusted to constant 2025 
dollars using the GDP deflator, resulting in a fully loaded average 
hourly wage of $46.56. As a point of comparison that does not factor 
into our assessment of the change in burden under this proposed rule, 
this represents a 22.3 percent nominal increase in the estimated labor 
rate from the Information Collection, which used the BLS wage data from 
May 2022, which was $18.52 per hour.
    <bullet> The Information Collection includes the number of 
responses for the title IV-B subpart 1 and subpart 2, CAPTA, and Chafee 
programs in the burden estimated for the CFSP, APSR and CFS-101. 
Agencies must submit the final report once every five years, therefore 
it is included in reporting requirements under the CFSP, which is also 
due once every five years. We reviewed the statutory requirements, 
regulations and sub-regulatory instructions to estimate that agencies 
report approximately 56 requirements every five years for the CFSP (for 
purposes of this cost estimate, this is 11.2 requirements per year), 55 
requirements for the APSR, and 3 requirements for the CFS-101. Removing 
section 1357 eliminates many of the regulatory reporting requirements, 
which will drastically reduce the burden estimated to be associated 
with the CFSP, APSR, and CFS-101 under this NPRM.
    <bullet> The baseline Information Collection for the CFSP, APSR and 
CFS-101 shows each respondent annually spends 123

[[Page 63240]]

hours completing the CFSP, 82 hours completing the APSR, and 5 hours 
completing the CFS-101.
    <bullet> To determine how much time it takes agencies to report 
each item, we divided the burden hours identified in the Information 
Collection by the number of requirements agencies must report (total 
burden hours / number of reporting requirements). We estimate 
respondents spend 10.98 hours reporting each requirement for the CFSP, 
1.49 hours reporting each requirement for the APSR, and 1.66 hours 
reporting each requirement for the CFS-101. This is an estimated 
average across all respondents.
    <bullet> To estimate the annualized costs to the Federal 
government, we used the hourly wage information for a GS-12 step 5 from 
the 2025 Office of Personnel Management Pay Tables to estimate the 
salary, expenses, operating costs, etc. bore by CB to review the CFSP, 
APSR, and CFS-101. The hourly rate is $55.07/hour. To account for 
fringe benefits and overhead we multiplied the average hourly wage by 
two, which is $110.14/hour.
Burden Hours Associated With This NPRM
    This NPRM does not impose any new reporting requirements for 
agencies. We propose to remove 1355.25 and 1355.30, however there are 
no significant burden hours or costs associated with those regulations 
because they do not require agencies to report any information. We 
propose to remove section 1357, which eliminates many requirements that 
agencies currently report in the CFSP, APSR, and CFS-101. We estimate 
the burden of this NPRM by calculating the burden hours associated with 
reporting on the remaining requirements for the CFSP, APSR, and CFS-
101. Currently, information for the CAPTA and Chafee programs is 
included in the CFSP, APSR, and CFS-101, thus the burdens associated 
with them are part of the Information Collection baseline. By removing 
section 1357 the regulations will no longer require agencies to report 
on requirements for the CAPTA and Chafee programs in the CFSP, APSR, 
and CFS-101, although they may still choose to do so. Thus, for purpose 
of this burden estimate, we continue to include those reporting 
requirements in the CFSP, APSR, and CFS-101 burden estimates for 
consistency. This is an estimated average across all respondents.

                            Table 2--Estimated Burden Hours if the NPRM Becomes Final
----------------------------------------------------------------------------------------------------------------
                                     Number of proposed      Average    Total burden
         NPRM burden hours                reporting         hours per     hours per     Number of   Total annual
                                    requirements in NPRM   requirement   respondent    respondents  burden hours
----------------------------------------------------------------------------------------------------------------
APSR..............................  7...................          1.49         10.43           235      2,451.05
CFSP..............................  32 (every 5 years)..         10.98         70.27           235     16,513.92
                                    6.4 annually........
CFS-101...........................  1...................          1.66          1.66           235         390.1
                                   -----------------------------------------------------------------------------
    Total.........................  ....................  ............  ............  ............     19,355.07
----------------------------------------------------------------------------------------------------------------

    Estimated number of reporting requirements in NPRM. We estimate 
agencies will report approximately 32 requirements in the CFSP and 
final report every five years (6.4 annually), 7 requirements in the 
APSR annually, and 1 requirement for the CFS-101 annually.
    Total Burden hours per respondent. To estimate the burden hours per 
respondent, we took the number of hours we estimated that each agency 
spends on individual requirements for the CFSP, APSR, and CFS-101, then 
multiplied that by the number of requirements that remain. For the 
CFSP, 32 five-year reporting requirements remain after removal of Sec.  
1357 (6.4 annually), multiplied by 10.98 hours per year to complete 
each requirement, equals 70.27 annual hours to complete the CFSP per 
agency. For the APSR, 7 requirements remain, multiplied by 1.49 hours 
to complete each requirement, equals 10.43 hours to complete the APSR 
per agency. For the CFS-101, 1 requirement remains, multiplied by 1.66 
hours to complete each requirement, equals 1.66 hours to complete the 
CFS-101 per agency. This is an estimated average across all 
respondents.
    Total annual burden hours. We estimate that the 235 agencies will 
spend a total of 16,513.92 hours annually reporting the CFSP, 2,451.05 
hours annually reporting the APSR, and 390.1 hours annually reporting 
the CFS-101. This is a total of 19,355.07 annual burden hours. (CFSP: 
70.272 hours per requirement x 235 respondents = 16,513.92 hours. APSR: 
10.43 hours per requirement x 235 respondents = 2,451.05 hours. CFS-
101: 1.66 hours per requirement x 235 respondents = 390.1 hours. CFSP/
APSR/CFS-101:16,513.92 + 2,451.05 + 2,390.1 = 19,355.07 total hours). 
Under our baseline scenario, we estimated 49,350 total burden hours. 
Thus, we anticipate that the impact of the proposed rule if finalized 
would be a reduction of 29,994 burden hours representing a 60.78 
percent reduction in administrative burden ((49,350 - 19,355.07)/49,350 
x 100 = 60.78%).
    Total Annual Cost. We multiplied the total annual burden hours by 
$46.56 per hour fully loaded wage rate, calculated above, to estimate 
the total annual cost of $901,258 (19,355.07 total burden hours x 
$46.56). This is an estimated average across all respondents under the 
proposed rule. Thus, we anticipate that the impact of the proposed 
rule, if finalized would result in a savings of $1,396,520.64 ($46.56 x 
29,994 reduction in burden hours) per year.

                                                 Table 3--Burden Reduction and Cost Savings of This NPRM
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                            Estimated total burden    Estimated total
                                                            hours if the regulation    annual burden      Estimated difference     Estimated difference
                                                               remains unchanged       hours for NPRM           (hours)                   (cost)
--------------------------------------------------------------------------------------------------------------------------------------------------------
FY 2027..................................................                   49,350          19,355.07                   29,995            $1,396,520.64
--------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 63241]]

Annualized Costs to the Federal Government
    As explained above, the cost to the Federal government is estimated 
to be $110.14/hour based on a GS-12 step 5. The baseline Information 
Collection estimated 5,082 hours of CB Regional and Central Office 
staff time to review and approve agency submissions. As a result of the 
proposed changes in this NPRM, we estimate CB would only need 1,993.16 
hours of CB staff time annually, which represents a 60.78 percent 
reduction of CB staff time relative to the baseline ((5,082-1,993.16)/
5,082 x 100 =60.78%). This brings the estimated annualized federal 
costs to be $219,526.54 (1,993.16 hours x $110.14= $219,526.54). This 
represents annual savings of $340,204.83 ((5,082-1,993.16) x $110.14).

VI. Tribal Consultation Statement

    Executive Order 13175, Consultation and Coordination with Indian 
Tribal Governments, requires agencies to consult with Indian tribes 
when regulations have substantial direct effects on one or more Indian 
tribes, on the relationship between the Federal Government and Indian 
tribes, or on the distribution of power and responsibilities between 
the Federal Government and Indian tribes and either impose substantial 
direct compliance costs on tribes or preempt state law. Similarly, 
ACF's Tribal Consultation Policy provides that consultation is 
triggered by a rulemaking that significantly affects tribes, meaning 
the proposed rule has substantial direct effects on one on more Indian 
tribes, on the amount or duration of ACF program funding, on the 
delivery of ACF programs or services to one or more Indian tribes, or 
on the distribution of power and responsibilities between the Federal 
Government and Indian tribes.
    ACF held consultations with Tribal leaders and their 
representatives in Arizona (September 25, 2025), Minnesota (August 25, 
2025), Washington (November 18, 2025), and Washington, DC (February 11, 
2026). More than 100 Tribal Nations and partners participated and 20 
tribes and partners submitted written statements. ACF appreciates the 
thoughtful input shared by tribes and partners throughout this 
consultation and values the opportunity to engage in meaningful 
government-to-government dialogue. A Summative Tribal Consultation 
Report from the consultations is available on CB's website. The 
Department is using this feedback to inform a myriad of on-going work, 
including guidance, technical assistance, or ongoing policy 
development. The Department used the following feedback to inform 
development of the NPRM:
    <bullet> Current reporting requirements are duplicative and the 
data collected is rarely useful for tribal program management. Limiting 
reporting requirements to applicable statutory requirements and 
eliminating duplicative requirements enables tribal child welfare 
programs to focus resources on serving families rather than meeting 
extensive administrative and reporting requirements.
    <bullet> For smaller tribes, application and reporting costs often 
outweigh the funding received. Scaling reporting requirements based on 
funding level and tribal capacity may help address the imbalance by 
creating a more reasonable reporting framework and timeline.
    <bullet> The CFS-101 Parts I and II are often difficult to use, not 
tailored to tribal needs, duplicative of other Federal reports, and of 
limited practical use. Simplifying and improving the usability of the 
form may help streamline reporting structures across federal programs 
and reduce administrative burden.
    We believe the proposals in the NPRM are consistent with the 
feedback from tribes and partners. For example, if this proposal 
becomes a final rule:
    <bullet> Regulations will no longer require tribes receiving title 
IV-B subpart 1 funds to submit an APSR, CFSP, or CFS-101 or follow the 
CFSP planning cycle and submission deadlines. Tribes could choose to 
submit subpart 1 plan requirements at the time of application, unless a 
substantial change is made. In addition, the regulation will no longer 
require that agencies identify goals nor consult with a wide range of 
public and non-profit private agencies and community-based 
organizations to develop a plan for subpart 1.
    <bullet> The reporting requirements in regulations for tribes 
receiving subpart 2 funding will be significantly reduced. For example, 
the regulations will no longer require tribes to describe a vision 
statement nor objectives.
    <bullet> We propose to eliminate reporting requirements that do not 
serve a specific purpose. For example, regulations will no longer 
require tribes to provide organizational charts and descriptions of 
tribal office structures, legal responsibilities, jurisdiction, 
political subdivisions, court structure, standards for foster family 
homes, institutional care, and day care. The remaining data that ACF 
requests will focus on oversight or program improvement.
    <bullet> For tribes receiving subpart 2 funds, regulations will no 
longer require duplicative and low-value reporting in the CFS-101.
    Together, these regulatory proposals move toward reducing 
unnecessary administrative burden and better aligning Federal 
requirements with tribal priorities and practices. By streamlining 
reporting and increasing flexibility, the NPRM supports more effective 
use of tribal resources to serve children and families. We welcome any 
comments or feedback on how the proposals in this NPRM impact tribal 
nations and agencies, as well as community, families, and children.

List of Subjects

45 CFR Part 1355

    Adoption and foster care, Child welfare, Computer technology, Grant 
programs--social programs, Reporting and recordkeeping requirements.

45 CFR Part 1357

    Adoption and foster care, Child welfare, Grant programs--social 
programs, Indians, Reporting and recordkeeping requirements.

    For the reasons set forth in the preamble, ACF proposes to amend 45 
CFR part 1355 as follows:

PART 1355--GENERAL

0
1. The authority citation for part 1355 continues to read as follows:

    Authority: 42 U.S.C. 620 et seq., 42 U.S.C. 670 et seq., 42 
U.S.C. 1302.

0
2. In Sec.  1355.21, revise paragraph (c) and add paragraphs (d) and 
(e) to read as follows:


Sec.  1355.21   Plan requirements for titles IV-E and IV-B.

* * * * *
    (c) The State agency and the Indian Tribe must:
    (1) Make available for public review and inspection the title IV-B 
subpart 1 plan, subpart 2 plan and annual updates. The title IV-E 
agency also must make the title IV-E plan available for public review 
and inspection.
    (2) Provide child and family services under title IV-B, subparts 1 
and 2 on the basis of need for services and must not deny services on 
the basis of income or length of residence in the State or within the 
Indian Tribe's jurisdiction.
    (3) Develop, maintain, and implement a staff development and 
training plan applicable to programs funded under title IV-B subparts 1 
and 2 of the Act.
    (d) The title IV-B State plan must describe child welfare services 
and protections for Indian children, including:

[[Page 63242]]

    (1) the arrangements, jointly developed with the Indian Tribes 
within its borders, made for the provision of the child welfare 
services and protections in section 422(b)(8) of the Act to Indian 
children under both State and Tribal jurisdiction; and
    (2) a statement of the legal responsibility, if any, for children 
who are in foster care on the reservation and those awaiting adoption.
    (e) Tribal title IV-B programs.
    (1) To determine the amount of Federal funds available under title 
IV-B subpart 1 for a direct grant to an eligible Indian tribe, Tribal 
organization, or consortium, the Department shall first divide the 
State's title IV-B allotment by the number of children in the State, 
then multiply the resulting amount by a multiplication factor 
determined by the Secretary, and then multiply that amount by the 
number of Indian children in the Indian tribe, Tribal organization or 
consortium population. The multiplication factor will be set at a level 
designed to achieve the purposes of the act and revised as appropriate. 
If an Indian tribe, Tribal organization or consortia includes 
population from more than one State, a proportionate amount of the 
grant will be paid from each State's allotment.
    (2) The Tribal agency must describe in the title IV-B plan(s):
    (i) Whether the Tribal organization is controlled, sanctioned or 
chartered by the governing body of Indians to be served and if so, 
documentation of that fact;
    (ii) Any limitations on authorities granted to the Indian Tribal 
organizations; and
    (iii) The Tribal resolution(s) authorizing an application for a 
direct title IV-B, subpart 1 and if applicable, subpart 2.
* * * * *


Sec.  1355.25   [Removed and Reserved]

0
3. Remove and reserve Sec.  1355.25


Sec.  1355.30  [Removed and Reserved]

0
4. Remove and reserve Sec.  1355.30
0
5. In Sec.  1355.33, revise paragraphs (a)(2)(ii) and (c)(4)(iv) to 
read as follows:
    (a) * * *
    (2) * * *
    (ii) Representatives selected by the title IV-E agency, in 
collaboration with the ACF Regional Office, from those with whom the 
title IV-E agency was required to consult in developing its title IV-B 
subpart 2 plan, as described and required in section 432(b)(1) of the 
Act;
* * * * *
    (c) * * *
    (4) * * *
    (iv) Interviews with key stakeholders, both internal and external 
to the agency, which, at a minimum, must include those individuals who 
participated in the development of the State's or Tribal title IV-E 
agency's subpart 2 plan, courts, administrative review bodies, 
children's guardians ad litem and other individuals or bodies assigned 
responsibility for representing the best interests of the child.
* * * * *
0
6. In Sec.  1355.34, revise paragraphs (b)(2)(ii)(A) and (B), (c)(3), 
(c)(3)(i) and (ii), (c)(4) and (c)(4)(i) and (iv), (c)(5), and 
(c)(6)(i)-(iv) to read as follows:


Sec.  1355.34  Criteria for determining substantial conformity.

* * * * *
    (b) * * *
    (2) * * *
    (ii) Implemented the following title IV-B requirements or 
assurances:
    (A) Services designed to assure the safety and protection of 
children and the preservation and support of families;
    (B) Permanency provisions for children and families in sections 422 
and 471 of the Act;
* * * * *
    (c) * * *
    (3) Quality assurance system: The title IV-E agency has developed 
and implemented standards to ensure that children in foster care 
placements are provided quality services that protect the safety and 
health of the children (section 471(a)(22)) and is operating an 
identifiable quality assurance system that:
    (i) Is in place in the jurisdictions within the State/Tribal 
service area where services included in the title IV-B plans are 
provided;
    (ii) Is able to evaluate the adequacy and quality of services 
provided under the title IV-B plans.
* * * * *
    (4) Staff training: The title IV-E agency is operating a staff 
development and training program that:
    (i) Supports the goals in the title IV-E agency's title IV-B 
subpart 2 plan;
* * * * *
    (iv) Provides ongoing training for staff that addresses the skills 
and knowledge base needed to carry out their duties with regard to the 
services included in the title IV-B plans; and,
* * * * *
    (5) Service array: Information from the assessment and on-site 
review determines that the title IV-E agency has in place an array of 
services (section 422(b)(8)(A)(iii) and (iv) of the Act) that includes, 
at a minimum:
* * * * *
    (v) Services that are accessible to families and children in all 
political subdivisions and/or the entire title IV-B service area.
    (6) Agency responsiveness to the community:
    (i) The title IV-E agency, in implementing the provisions of the 
title IV-B subpart 2 plan, engages in ongoing consultation with a broad 
array of individuals and organizations representing the State/Tribal 
and county/local agencies responsible for implementing the plan and 
other major stakeholders in the services delivery system including, at 
a minimum, Tribal representatives, consumers, service providers, foster 
care providers, the juvenile court, and other public and private child 
and family serving agencies (section 432(a)(3) and (b) of the Act);
    (ii) The agency develops, in consultation with these or similar 
representatives, annual reports of progress and services delivered 
pursuant to section 432(b)(a)(2)(C) of the Act;
    (iii) There is evidence that the agency's goals included in the 
title IV-B subpart 2 plan reflect consideration of the major concerns 
of stakeholders consulted in developing the plan and on an ongoing 
basis (section 432(a)(3) and 432(b)(1) of the Act); and
    (iv) There is evidence that the services under the plan are 
coordinated with services or benefits under other Federal or Federally 
assisted programs serving the same populations to achieve the goals in 
the plan (sections 422(b)(2), 432(a)(3) and 432(b)(1) of the Act).
0
7. In Sec.  1355.35, revise paragraphs (e)(2) and (f) to read as 
follows:
    (e) * * *
    (2) The frequency of evaluating progress will be determined jointly 
by the title IV-E agency and Federal team members, but no less than 
annually. Evaluation of progress will be performed in conjunction with 
the annual updates of the title IV-E agency's title IV-B subpart 2 
plan, as described in paragraph (f) of this section;
* * * * *
    (f) Integration of program improvement plans with title IV-B 
subpart 2 planning. The elements of the program improvement plan must 
be incorporated into the goals of the title IV-E agency's subpart 2 
plan. Progress in implementing the program improvement plan must be 
included in the annual reviews and progress reports related to the plan 
required in section 432(b)(a)(2)(C) of the Act.

[[Page 63243]]

PART 1357 [Removed and Reserved]

0
8. Under the authority of 42 U.S.C. 620 et seq., 42 U.S.C. 670 et seq., 
and 42 U.S.C. 1302, remove and reserve part 1357.

Robert F. Kennedy, Jr.,
Secretary, Department of Health and Human Services.
[FR Doc. 2026-20329 Filed 10-2-26; 8:45 am]
BILLING CODE 4184-25-P


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