Title IV-E State Plan - Department for Children and Families

Attachment BOMB Approval No. 0980-0141Expiration Date: 10/31/2012AGENCY PLAN FOR TITLE IV-E OF THE SOCIAL SECURITY ACTFOSTER CARE AND ADOPTION ASSISTANCESTATE OF VERMONTU.S. DEPARTMENT OF HEALTH AND HUMAN SERVICESADMINISTRATION FOR CHILDREN AND FAMILIESCHILDREN'S BUREAUJune 2009

SECTION 1. ORGANIZATIONA. DESIGNATION AND AUTHORITY OF STATE/TRIBAL AGENCY 1B. STATE/TRIBAL AGENCY STRUCTURE AND FUNCTION 1C. STATE OR SERVICE AREA WIDE OPERATIONS 1D. COORDINATION WITH TITLES IV-A AND IV-B PROGRAMS 1E. CHILD SUPPORT ENFORCEMENT FOR CERTAIN CHILDREN IN FOSTER CARE 2SECTION 2. FOSTER CARE MAINTENANCE PAYMENTSA. ELIGIBILITY 1B. VOLUNTARY PLACEMENTS (STATE/TRIBAL OPTION) 4C. PAYMENTS 5D. CASE REVIEW SYSTEM 7E. MEDICAL AND SOCIAL SERVICES 15F. SPECIFIC GOALS IN STATE/TRIBAL LAW 16G. PREVENTIVE AND REUNIFICATION SERVICES 16H. TERMINATION OF PARENTAL RIGHTS 20I. DATE CHILD CONSIDERED TO HAVE ENTERED FOSTER CARE 21J. DOCUMENTATION OF JUDICIAL DETERMINATIONS. 22K. TRIAL HOME VISITS 22L. TRAINING 23SECTION 3. ADOPTION ASSISTANCE PAYMENTSA. ELIGIBILITY 1B. PAYMENTS – AMOUNTS AND CONDITIONS 9C. ADOPTION ASSISTANCE AGREEMENT 11D. MEDICAID AND SOCIAL SERVICES 13E. ELIGIBILITY FOR ADOPTION INCENTIVE FUNDING 14SECTION 4. GENERAL PROGRAM REQUIREMENTSA. STANDARDS FOR FOSTER FAMILY HOMES AND CHILD CARE INSTITUTIONS 1B. REVIEW OF PAYMENTS AND LICENSING STANDARDS 2C. FAIR HEARINGS 2D. INDEPENDENT AUDIT 3E. CHILD ABUSE AND NEGLECT 3F. TIMELY INTERSTATE/TRIBAL PLACEMENT OF CHILDREN 3

G REMOVAL OF BARRIERS TO INTERETHNIC ADOPTION 4H. KINSHIP CARE 5I. SIBLING PLACEMENT 6J. SAFETY REQUIREMENTS 6K. INTERJURISDICTIONAL ADOPTIONS 9L. QUALITY STANDARDS 9M. CUMPULSORY SCHOOL ATTENDANCE 10N. VERIFICATION OF CITIZENSHIP OR IMMIGRATION STATUS 11SECTION 5. GENERAL PROVISIONSA. PERSONNEL ADMINISTRATION 1B. SAFEGUARDING INFORMATION 1C. REPORTING 3D. MONITORING 3E. APPLICABILITY OF DEPARTMENT-WIDE REGULATIONS 3F. AVAILABILITY OF STATE/TRIBAL PLANS 3G. OPPORTUNITY FOR PUBLIC INSPECTION OF CFSR MATERIALS 4H. NEGOTIATION WITH INDIAN TRIBES 4SECTION 6. GUARDIANSHIP ASSISTANCE PROGRAM OPTIONA. ELIGIBILITY 1B. PAYMENTS 2C. AGREEMENTS 2D. SAFETY 2E. MEDICAID AND SOCIAL SERVICES 3F. TITLE IV-E GUARDIANSHIP ASSISTANCE PROGAM PLAN REQUIREMENTS 3SECTION 7. TRIBE OPERATED IV-E PROGRAM REQUIREMENTSA. GENERAL PROGRAM REQUIREMENTS 1B. SEVICE AREA AND POPULATIONS 1C. NUNC PRO TUNC AND FOSTER CARE ELIGIBILITY REQUIREMENTS 1D. LICENSING STANDARDS 2E. IN-KIND EXPENDITURES FROM THIRD-PARTY SOURCES 2

ATTACHMENT I: STATE AGENCY CERTIFICATIONATTACHMENT II: GOVERNOR’S CERTIFICATIONATTACHMENT III: STATE ASSURANCES

STATE/TRIBAL PLAN FOR TITLE IV-E OF THE SOCIAL SECURITY ACTFEDERAL PAYMENTS FOR FOSTER CARE AND ADOPTION ASSISTANCESTATE OF VERMONTAs a condition of the receipt of Federal funds under Title IV-E of the Social Security Act (hereinafter, the Act), theAgency of Human Services, Department for Children and Families, Family Services(hereinafter "the State/Tribal Agency") submits herewith a State/Tribal plan for the program to provide, in appropriate cases, fostercare and adoption assistance, and if the State/Tribal/Tribal agency elects, guardianship assistance, under Title IV-E of the Act andhereby agrees to administer the program in accordance with the provisions of this State/Tribal plan, Title IV-E of the Act, and allapplicable Federal regulations and other official issuances of the Department.The official text of said laws, regulations and official issuances governs, and the State/Tribal Agency acknowledges its responsibilityto adhere to them regardless of the fact that, for purposes of simplicity, the specific provisions printed herein are sometimesparaphrases of, or excerpts and incomplete quotations from, the full text. Statutory citations refer to provisions in Title IV-E of theSocial Security Act. Regulatory citations refer to provisions in 45 CFR Parts 1355 and 1356.The State/Tribal Agency understands that if and when Title IV-E is amended or regulations are revised, a new or amendedState/Tribal plan for Title IV-E that conforms to the revisions must be submitted.The State/Tribal Agency certifies the following:

TITLE IV-E STATE/TRIBAL PLAN – STATE OF VERMONT Section 1Page 1FederalState/Tribal Regulatory,Regulatory/Statutory, and PolicyRequirementStatutoryReferences andReferences 1Citations for Each471(a)(2)SECTION 1. ORGANIZATIONA. DESIGNATION AND AUTHORITY OF STATE/TRIBAL/TRIBAL AGENCYThe State/Tribal/Tribal agency has been designated to administer or supervise theadministration of the program under this plan. (See Attachment I.) It is also the agencythat administers or supervises the administration of the State/Tribal/Tribal ChildWelfare Services Plan under subpart 1 of Title IV-B of the Act.B. STATE/TRIBAL/TRIBAL AGENCY STRUCTURE AND FUNCTIONThe State/Tribal/Tribal agency has available upon request an organizational chart of theState/Tribal agency and a description of the functions of each of its organizational unitsas they relate to the administration or supervising the administration of the Title IV-Efoster care maintenance, adoption assistance, independent living, and (at State/Tribaloption) guardian assistance program.Family Services Policy No.300 (hereby called FSP300)Sec.1AFSP300Sec. 1B471(a)(3)471(a)(4)C. STATE/TRIBAL OR SERVICE AREA WIDE OPERATIONSThe Title IV-E plan for foster care, adoption assistance, and guardianship assistance ifelected by the State/Tribal/Tribe is in effect in all political subdivisions and serviceareas.D. COORDINATION WITH TITLES IV-A AND IV-B PROGRAMSThe Title IV-E program is coordinated at the local level with the programs at theState/Tribal or local level assisted under Titles IV-A, IV-B and XX of the Act and underall appropriate provisions of Federal law.FSP300Sec.1CFSP300Sec. 1D1 Statutory references refer to the Social Security Act. Regulatory references refer to Title 45 of the Code of Federal Regulations (CFR).

TITLE IV-E STATE/TRIBAL PLAN – STATE OF VERMONT Section 1Page 2FederalRegulatory/StatutoryRequirementReferences 1471(a)(17)E. CHILD SUPPORT ENFORCEMENT FOR CERTAIN CHILDREN IN FOSTERCAREThe State/Tribal agency takes all appropriate steps, including cooperative efforts withthe State/Tribal agencies administering the plans approved under Titles IV-A and -D, tosecure an assignment to the State/Tribal of any rights to support on behalf of each childreceiving foster care maintenance payments under Title IV-E.State/Tribal Regulatory,Statutory, and PolicyReferences andCitations for EachFSP300Sec.1E

TITLE IV-E STATE/TRIBAL PLAN – STATE OF VERMONT Section 2Page 1FederalState/Tribal Regulatory,Regulatory/Statutory, and PolicyRequirementStatutoryReferences andReferencesCitations for EachSECTION 2. FOSTER CARE MAINTENANCE PAYMENTS471(a)(1)A. ELIGIBILITY1. Payments are provided for each child:472(a) (1) & (2) a. who meets the requirements of section 406(a) of the Act (as in effect 7/16/96) ) isremoved from the home of a relative specified in section 406(a), and is placed infoster care if:FSP300Sec.2 A (1)Sec.2 A (1)(a)472(a)(2)(A)1356.21(c)(1) the removal and foster care placement met and continues to meet therequirements of paragraph (2) in section 472(a) of the Act; and(2) the child, while in the home, would have met the AFDC eligibilityrequirement of paragraph (3) in section 472(a) of the Act.b. whose removal and foster care placement are in accordance with:(1) a voluntary placement agreement entered into by the child’s parent or legalguardian, who is the relative referred to in paragraph (1)of section 472(a) ofthe Act; or(2) a judicial determination to the effect that continuation of residence in thehome from which removed would be contrary to the welfare, or that theplacement would be in the best interest, of the child and that reasonableefforts of the type described in section 471(a)(15) for a child were made.The contrary to the welfare determination will be made in the first courtruling that sanctions (even temporarily) the removal of a child from home. Ifthe determination regarding contrary to the welfare is not made in the firstcourt ruling pertaining to removal from the home, the child will not beeligible for Title IV-E foster care maintenance payments for the duration ofthat stay in foster care.Sec.2 A (1)(a)(i)Sec.2 A (1)(a)(ii)Sec.2 A (1)(b)(i)Sec.2 A (1)(b)(ii)

TITLE IV-E STATE/TRIBAL PLAN – STATE OF VERMONT Section 2Page 2FederalState/Tribal Regulatory,Regulatory/Statutory, and PolicyRequirementStatutoryReferences andReferencesCitations for Each472(a)(2)(B) & (C)472(a)(2)(B)(i)472(a)(2)(B)(ii)472(a)(3) (A)(i)472(a)(3)(A)(ii)(I)472(a)(3)(A)(ii)(II)c. whose placement and care in a foster family home or child care institution (asdefined in section 472(c) of the Act) is the responsibility of either:(1) the State/Tribal agency administering the approved State/Tribal Title IV Eplan, or(2) any other public agency with whom the State/Tribal agency administeringor supervising the administration of the approved State/Tribal Title IV-Eplan has made an agreement which is still in effect, or(3) a Tribe that has a plan approved under section 471 in accordance with479B; andd. who:(1) received AFDC, in the home referred to in section 472(a)(1), under theState/Tribal plan approved under section 402 of the Act (as in effect 7/16/96)in or for the month in which either a voluntary placement agreement wasentered into or court proceedings leading to the judicial determination,referred to in section 472(a)(2)(A) of the Act, were initiated, or(2) would have received AFDC, in the home, in or for such month referred to inthe above clause if application for such aid had been made, or(3) had been living with a relative specified in section 406(a) of the Act (as ineffect 7/16/96) within six months prior to the month in which a voluntaryplacement agreement was entered into or court proceedings leading to thejudicial determination, referred to in section 472(a)(2)(A) of the Act, wereinitiated, and would have received AFDC in or for such month if the childhad been living in the home with such relative and an application had beenmade for AFDC under Title IV-A of the Act: andSec.2 A (1)(c)Sec.2 A (1)(c)(i)Sec.2 A (1)(c)(ii)Sec.2 A (1)(d)(i)Sec. 2 A (1)(d)(ii)Sec. 2 A (1)(d)(iii)

TITLE IV-E STATE/TRIBAL PLAN – STATE OF VERMONT Section 2Page 3FederalState/Tribal Regulatory,Regulatory/Statutory, and PolicyRequirementStatutoryReferences andReferencesCitations for Each472(a)(3)(B)1356.21(k)(4) had resources (determined under section 402(a)(7)(B) of the Act as in effect7/16/96) that had a combined value of not more than $10,000.2. Removal.a. For the purposes of meeting the requirements of section 472(a)(2)(A) (1) of theAct, a removal from the home must occur pursuant to:(1) a voluntary placement agreement entered into by a parent or relative whichleads to a physical or constructive removal (i.e., a non-physical or paperremoval of custody) of the child from the home; or(2) a judicial order for a physical or constructive removal of the child from aparent or specified relative.Sec. 2 A (1)(d)(iv)Sec. 2 A (3)(a)1356.21(k) b. A removal has not occurred in situations where legal custody is removed fromthe parent or relative and the child remains with the same relative in that homeunder supervision by the State/Tribal agency.1356.21(k) c. A child is considered constructively removed on the date of the first judicialorder removing custody, even temporarily, from the appropriate specifiedrelative or the date that the voluntary placement agreement is signed by allrelevant parties.1356.21(l)3. Living with a specified relative. For purposes of meeting the requirements for livingwith a specified relative prior to removal from the home under section 472(a)(2)(Aof the Act and all of the conditions under section 472(a)(3)(A), one of the twofollowing situations will apply:1356.21(l) a. the child was living with the parent or specified relative, and was AFDC eligiblein that home in the month of the voluntary placement agreement or initiation ofcourt proceedings; orSec. 2 A (3)(b)Sec. 2 A (3)(c)Sec. 2 A (4)Sec.2 A (4)(a)

TITLE IV-E STATE/TRIBAL PLAN – STATE OF VERMONT Section 2Page 4FederalRegulatory/StatutoryRequirementReferencesCitations for Each1356.21(l) b. the child had been living with the parent or specified relative within six monthsof the month of the voluntary placement agreement or the initiation of courtproceedings, and the child would have been AFDC eligible in that month if s/hehad still been living in that home.State/Tribal Regulatory,Statutory, and PolicyReferences andSec. 2 A (4)(b)472(f)B. VOLUNTARY PLACEMENTS (State/Tribal Option)1. Foster care maintenance payments are made in the voluntary placement of a minorchild out of the home by or with the participation of the State/Tribal agency only if:Sec. 2 B (1)1356.22(a)472(d)a. the State/Tribal has fulfilled all of the requirements of section 472 of the Act, asamended; sections 422(b)(8) and 475(5) of the Act; and 45 CFR1356.21(f),(g),(h) and (i) of the Act, andSec. 2 B (1)(a)472(f)(1) b. the assistance of the State/Tribal agency has been requested by the child'sparent(s) or legal guardian(s), and472(f)(2) c. there is a written voluntary placement agreement, binding on all parties to theagreement, which specifies at a minimum the legal status of the child and therights and obligations of the parents or guardians, the child and the State/Tribalagency while the child is in placement.Sec. 2 B (1)(b)Sec.2 B (1)(c)1356.22(b)472(e)2. Federal financial participation is claimed only for voluntary foster care maintenanceexpenditures made within the first 180 days of the child’s placement in foster careunless there has been a judicial determination by a court of competent jurisdiction,within the first 180 days of the date of such placement, to the effect that thecontinued voluntary placement is in the best interests of the child.Sec. 2 B (2)

TITLE IV-E STATE/TRIBAL PLAN – STATE OF VERMONT Section 2Page 5FederalRegulatory/StatutoryRequirementReferencesCitations for Each1356.22(c)472(g)(1)&(2)1355.20(a)475(4)(A)472(b)(1)&(2)3. The State/Tribal agency has established a uniform procedure or system, consistentwith State/Tribal law, for revocation by the parent(s) of a voluntary placementagreement and return of the child.C. PAYMENTS1. Foster care maintenance payments for a child in foster care may cover the cost of(and the cost of providing) food, clothing, shelter, daily supervision, school supplies,a child's personal incidentals, liability insurance with respect to the child, andreasonable travel to the child's home for visitation with family, or other caretakersand reasonable travel for the child to remain in the school in which the child isenrolled at the time of placement. Local travel associated with providing the itemslisted above is also an allowable expense. In the case of child care institutions, suchterm must include the reasonable costs of administration and operation of suchinstitutions as are necessarily required to provide the items described in thepreceding sentences.2. Foster care maintenance payments are made only on behalf of an eligible child whois:State/Tribal Regulatory,Statutory, and PolicyReferences andSec.2 B (3)Sec. 2 CSec. 2 C (1)Sec. 2 C (2)a. in the foster family home of an individual, whether the payments are made tosuch individual or to a public or private child placement or child care agency; orb. in a child care institution, whether the payments are made to such institution orto a public or private child placement or child-care agency. Such payments arelimited to include only those items that are included in the term "foster caremaintenance payments" (defined in section 475(4) of the Act).Sec. 2 C (2)(a)Sec. 2 C (2)(b)

TITLE IV-E STATE/TRIBAL PLAN – STATE OF VERMONT Section 2Page 6FederalRegulatory/StatutoryRequirementReferencesCitations for Each472(i)(1)3. Administrative costs associated with an otherwise eligible child who is in anunallowable facility or an unapproved or unlicensed relative home, and who isremoved in accordance with section 472(a) from the home of a relative specified insection 406(a)(as in effect on July 16, 1996), shall be considered only forexpenditures:State/Tribal Regulatory,Statutory, and PolicyReferences andSec. 2 C (5)472(i)(1)(A)a. for a period of not more than the lesser of 12 months or the average length oftime it takes for the State/Tribal to license or approve a home as a foster home, inwhich the child is in the home of a relative and an application is pending forlicensing or approval of the home as a foster family home; orSec. 2 C 5(a)472(i)(1)(B)b. for a period of not more than 1 calendar month when a child moves from afacility not eligible for payments under this part into a foster family home orchild care institution licensed or approved by the State/Tribal.Sec. 2 C 5(b)472(i)(2)4. Administrative costs associated with a child who is potentially eligible for benefitsunder the State/Tribal’s approved Title IV-E State/Tribal plan and at imminent riskof removal from the home, shall be considered for expenditures only if:Sec. 2 C (6)472(i)(2)(A)a. reasonable efforts are being made in accordance with section 471(a)(15) toprevent the need for, or if necessary to pursue, removal of the child from thehome; andSec.2 C (6)(a)

TITLE IV-E STATE/TRIBAL PLAN – STATE OF VERMONT Section 2Page 7FederalRegulatory/StatutoryRequirementReferencesCitations for Each472(i)(2)(B)b. the State/Tribal agency has made, not less often than every 6 months, adetermination (or redetermination) as to whether the child remains atimminent risk of removal from the home.State/Tribal Regulatory,Statutory, and PolicyReferences andSec.2 C (6)(b)1356.21(j)475(4)(B)5. Child of a minor parent in foster care. Foster care maintenance payments made onbehalf of a child placed in a foster family home or child care institution, who is theparent of a son or daughter in the same home or institution, must include amountswhich are necessary to cover costs incurred on behalf of the child's son or daughter.Said costs must be limited to funds expended on those items described in thedefinition of foster care maintenance payments.Sec. 2 C (7)1356.21(g)D. CASE REVIEW SYSTEM1. Case PlanSec. 2 D (1)To meet the case plan requirements of sections 471(a)(16), 475(1) and 475(5)(A) and (D)of the Act, the State/Tribal agency has promulgated policy materials and instructions foruse by State/Tribal and local staff to determine the appropriateness of and necessity forthe foster care placement -of the child. The case plan for each child:1356.21(g)(1) a. is a written document which is a discrete part of the case record, in a formatdetermined by the State/Tribal, which is developed jointly with the parent(s) orguardian(s) of the child in foster care; and1356.21(g)(2) b. is developed within a reasonable period, to be established by the State/Tribal,but in no event later than 60 days from the child’s removal from the home; andSec. 2 D (1)(a)Sec. 2 D (1)(b)

TITLE IV-E STATE/TRIBAL PLAN – STATE OF VERMONT Section 2Page 8FederalRegulatory/StatutoryRequirementReferencesCitations for Each1356.21(g)(4) c. includes a description of the services offered and provided to prevent removalof the child from the home and to reunify the family; andState/Tribal Regulatory,Statutory, and PolicyReferences andSec. 2 D (1)(c)475(1)(A) d. includes a description of the type of home or institution in which the child isplaced; and475(1)(A) e. includes a discussion of the safety and appropriateness of the placement andhow the responsible agency plans to carry out the judicial determination madewith respect to the child in accordance with section 472(a)(2)(A) of the Act; andSec. 2 D (1)(d)Sec. 2 D (1)(e)475(1)(B) f. includes a plan for assuring that the child receives safe and proper care, andservices are provided to the parent(s), child and foster parents in order toimprove the conditions in the parent's (parents') home to facilitate the child'sreturn to his/her own safe home or the permanent placement of the child; and475(1)(B) g. includes a plan for assuring that services are provided to the child and fosterparents in order to address the needs of the child while in foster care; andSec. 2 D (1)(f)Sec. 2 D (1)(g)475(1)(B) h. includes a discussion of the appropriateness of the services that have beenprovided to the child under the plan; and475(1)(D) i. where appropriate for a child 16 or over, includes a written description of theprograms and services which will help such child prepare for the transition fromfoster care to independent living; and475(5)(H) j. during the 90-day period immediately prior to the date on which the child willattain 18 years of age, whether during that period foster care maintenancepayments are being made on the child’s behalf or the child is receiving benefitsor services under section 477, a caseworker on the staff of the State/Tribalagency, and, as appropriate, other representatives of the child provide the childwith assistance and support in developing a transition plan that is personalizedSec. 2 D (1)(h)Sec. 2 D (1)(i)Sec. 2 D (1)(J)

TITLE IV-E STATE/TRIBAL PLAN – STATE OF VERMONT Section 2Page 9FederalRegulatory/StatutoryRequirementReferences1356.21(g)(5)475(1)(E)at the direction of the child, includes specific options on housing, healthinsurance, education, local opportunities for mentors and continuing supportservices, and work force supports and employment services, and is as detailedas the child may elect;k. documents the steps to finalize a placement when the case plan goal is orbecomes adoption or placement in another permanent home in accordance withsections 475(1)(E) and (5)(E) of the Act. When the case plan goal is adoption, ata minimum such documentation shall include child-specific recruitment effortssuch as the use of State/Tribal, regional, and national adoption exchangesincluding electronic exchange systems to facilitate orderly and timely in-Stateand interstate placements; andState/Tribal Regulatory,Statutory, and PolicyReferences andCitations for EachSec. 2 D (1)(k)475(1)(F) l. lor a child with respect to whom the permanency plan is placement with arelative and receipt of kinship guardian assistance payments, the State/Tribalagency shall include in the case plan a description of:i. the steps that the agency has taken to determine that it is not appropriatefor the child to be returned home or adopted;Vermont is exploring theviability of a GuardianAssistance Program. Ifpursued, it will requireLegislative action.ii.iii.iv.the reasons for any separation of siblings during placement;the reasons why a permanent placement with a fit and willingrelative through a kinship guardianship assistance arrangement isin the child's best interests;the ways in which the child meets the eligibility requirements fora kinship guardianship assistance payment;v. the efforts the State/Tribal agency has made to discuss adoptionby the child's relative foster parent as a more permanentalternative to legal guardianship and, in the case of a relativefoster parent who has chosen not to pursue adoption,

TITLE IV-E STATE/TRIBAL PLAN – STATE OF VERMONT Section 2Page 10FederalState/Tribal Regulatory,Regulatory/Statutory, and PolicyRequirementStatutoryReferences andReferencesCitations for Eachdocumentation of the reasons; andvi.the efforts made by the State/Tribal agency to discuss with thechild's parent or parents the kinship guardianship assistancearrangement, or the reasons why the efforts were not made.(See also Section 6 Guardianship Assistance Program Case Plan Requirements.)1356.21(g)(3)475(5)(A)m. includes a discussion of how the case plan is designed to achieve a safeplacement for the child in the least restrictive (most family-like) settingavailable and in close proximity to the home of the parent(s) when the case plangoal is reunification and a discussion of how the placement is consistent withthe best interests and special needs of the child; and475(5)(A)(i) n. if the child has been placed in a foster family home or child-care institution asubstantial distance from the home of the parent(s), or in a differentState/Tribal, sets forth the reasons why such a placement is in the best interestsof the child; and475(5)(A)(ii) o. if the child has been placed in foster care in a State of service area outside theState in which the child's parent(s) are located, assures that an agencycaseworker on the staff of the State/Tribal agency of the State or service area inwhich the home of the parents of the child is located, of the State or service areain which the child has been placed, or of a private agency under contract witheither such State/Tribal, visits the child in such foster home or institution no lessfrequently than every 6 months and submits a report on the visit to theState/Tribal agency of the State or service area where the home of the child'sparent(s) is located; and475(1)(G)p. a plan for ensuring the educational stability of the child while in foster care,including--Sec. 2 D (1)(m)Sec. 2 D (1)(n)Sec. 2 D (1)(o)Sec. 2 D (1)(p)i. assurances that the placement of the child in foster care takes into account the

TITLE IV-E STATE/TRIBAL PLAN – STATE OF VERMONT Section 2Page 11FederalRegulatory/StatutoryRequirementReferencesappropriateness of the current educational setting and the proximity to the school inwhich the child is enrolled at the time of placement; andii. an assurance that the State/Tribal agency has coordinated with appropriate localeducational agencies (as defined under section 9101 of the Elementary and SecondaryEducation Act of 1965) to ensure that the child remains in the school in which the childis enrolled at the time of placement; orState/Tribal Regulatory,Statutory, and PolicyReferences andCitations for Each475(1)(C)1356.21(f)iii. if remaining in such school is not in the best interests of the child, assurances by theState/Tribal agency and the local educational agencies to provide immediate andappropriate enrollment in a new school, with all of the educational records of the childprovided to the school; anq. incorporates the health and education records of the child including the most recentinformation available regarding:(1) the names and addresses of the child's health and educational providers;(2) the child's grade level performance;(3) the child's school record;(4) a record of the child's immunizations;(5) the child's known medical problems;(6) the child's medications; and(7) any other relevant health and education information concerning the childdetermined to be appropriate by the State/Tribal agency.2. Case ReviewSec. 2 D (1)(q)Sec. 2 D (1)(q)(i)Sec. 2 D (1)(q)(ii)Sec. 2 D (1)(q)(iii)Sec. 2 D (1)(q)(iv)Sec. 2 D (1)(q)(v)Sec. 2 D (1)(q)(vi)Sec. 2 D (1)(q)(vii)Sec.2 D (2)The State/Tribal Agency has a case review system which meets the requirements ofsections 475(5) and 475(6) of the Act and assures that:475(5)(B) a. a review of each child's status is made no less frequently than once every sixmonths either by a court or by an administrative review to:(1) determine the safety of the child, the continuing need for andappropriateness of the placement,(2) determine the extent of compliance with the case plan,Sec. 2 D (2)(a)Sec. 2 D (2)(a)(i)Sec. 2 D (2)(a)(ii)

TITLE IV-E STATE/TRIBAL PLAN – STATE OF VERMONT Section 2Page 12FederalRegulatory/StatutoryRequirementReferencesCitations for Each(3) determine the extent of progress made toward alleviating or mitigating thecauses necessitating the placement, and(4) project a likely date by which the child may be returned and safelymaintained at home or placed for adoption or legal guardianship.475(6) b. if an administrative review is conducted, the following requirements will bemet:(1) the review will be open to the participation of the parents of the child, and(2) the review will be conducted by a panel of appropriate persons, at least oneof whom is not responsible for the case management of, or delivery ofservices to either the child or the parents who are the subject of the review.State/Tribal Regulatory,Statutory, and PolicyReferences andSec. 2 D (2)(a)(iii)Sec. 2 D (2)(a)(iv)Sec. 2 D (2)(b)Sec. 2 D (2)(b)(i)Sec. 2 D (2)(b)(ii)1356.21(h)475(5)(C)1356.21(h)475(5)(C)1356.21(h)(2)471(a)(15)(E)(i)3. Permanency Hearinga. To meet the requirements of the permanency hearing, the State/Tribal holdspermanency hearings for all children under the responsibility for placement andcare of the Title IV-E/IV-B State/Tribal Agency, including children for whomthe State/Tribal claims Federal reimbursement for the costs of voluntary fostercare maintenance payments.b. The permanency hearing takes place within 12 months of the date the child isconsidered to have entered foster care (as defined within the meaning of475(5)(F)) and not less frequently than every 12 months thereafter during thecontinuation of foster care.c. When a court determines that reasonable efforts to return the child home are notrequired, a permanency hearing is held within 30 days of that determination,unless the requirements of the permanency hearing are fulfilled at the hearing inwhich the court determines that reasonable efforts to reunify the child andfamily are not required.Sec. 2 D (3)Sec. 2 D (3)(a)Sec. 2 D (3)(b)Sec. 2 D (3)(c)

TITLE IV-E STATE/TRIBAL PLAN – STATE OF VERMONT Section 2Page 13FederalRegulatory/StatutoryRequirementReferencesCitations for Each1356.21(b)(3)475(5)(C)471(a)(15)(E)(i)d. For the purposes of this requirement, a permanency hearing shall determine:(1) the permanency plan for the child that includes whether, and if applicablewhen, the child will be returned to the parent, or placed for adoption and theState/Tribal will file a petition for termination of parental rights, or referredto legal guardianship, or (in cases where the State/Tribal agency hasdocumented to the State/Tribal court a compelling reason for determiningthat it would not be in the best interest of the child to return home, bereferred for termination of parental rights, or be placed for adoption, with afit and willing relative, or with a legal guardian) placed in another plannedpermanent living arrangement;(2) in the case of a child who will not be returned to the parent, the hearing shallconsider in-State/Tribal and out-of-State/Tribal placement options,(3) in the case of a child placed out of the State/Tribal in which the home of theparent(s) of the child is located, the hearing shall determine whether the outofState/Tribal placement continues to be appropriate and in the best interestsof the child, and,(4) in the case of a child who has attained age 16, the services needed to assistthe child to make the transition from foster care to independent living.(5) in any permanency hearing held with respect to the child, including anyhearing regarding the transition of the child from foster care to independentliving, procedural safeguards shall be applied to assure the court oradministrative body conducting the hearing consults, in an age-appropriatemanner, with the child regarding the proposed permanency or transitionplane for the child.State/Tribal Regulatory,Statutory, and PolicyReferences andSec. 2 D (3)(d)Sec. 2 D (3)(d)(i)Sec. 2 D (3)(d)(ii)Sec. 2 D (3)(d)(iii)Sec. 2 D (3)(d)(iv)Sec. 2 D (3)(d)(v)

TITLE IV-E STATE/TRIBAL PLAN – STATE OF VERMONT Section 2Page 14FederalState/Tribal Regulatory,Regulatory/Statutory, and PolicyRequirementStatutoryReferences andReferencesCitations for Each475(5)(C) e. Procedural safeguards are also to be applied with respect to parental rightspertaining to the removal of the child from the home of his/her parents, to achange in the child’s placement, and to any determination affecting visitationprivileges of parents.1356.21(h)(3) f. If the State/Tribal concludes, after considering reunification, adoption, legalguardianship, or permanent placement with a fit and willing relative, that themost appropriate permanency plan for a child is placement in another plannedpermanent living arrangement, the State/Tribal will document to the court thecompelling reason for the alternate plan.1356.21(h)(4) g. When an administrative body, appointed or approved by the court, conducts thepermanency hearing, the procedural safeguards set forth in the definition ofpermanency hearing will be extended by the administrative body.Sec. 2 D (3)(e)Sec. 2 D (3)(f)Sec. 2 D (3)(g)

TITLE IV-E STATE/TRIBAL PLAN – STATE OF VERMONT Section 2Page 15FederalState/Tribal Regulatory,Regulatory/Statutory, and PolicyRequirementStatutoryReferences andReferencesCitations for Each475(5)(D)4. Health and Education RecordsSec. 2 D (4)1356.21(o)475(5)(G)472(h)(1)473(b)(1)(b)(2)a. A child's health and education records are reviewed and updated, and a copy of therecord is supplied to the foster parent or foster care provider with whom the child isplaced, at the time of each placement of the child in foster care.b. The child’s health and education records are supplied to the child at no cost at thetime the child leaves foster care if the child is leaving foster care by reason ofhaving attained the age of majority under State/Tribal law.5. NoticeThe State/Tribal provides the foster parent(s) of a child and any pre-adoptive parent orrelative providing care for the child with timely notice of and a right to be heard in anyproceeding to be held with respect to the child during the time the child is in the care ofsuch foster parent, pre-adoptive parent, or relative caregiver. Notice of and a right to beheard does not require the State/Tribal to make the caregiver a party to the proceeding.E. MEDICAL AND SOCIAL SERVICES1. For purposes of Titles XIX and XX, any child with respect to whom foster caremaintenance payments are made under this section will be deemed a dependent child asdefined in section 406 of the Act (as so in effect 7/16/1996) and shall be deemed to be arecipient of aid to families with dependent children under Part A of this Title (as so ineffect 7/16/1996). Titles XIX and XX services will be available to such child in theState/Tribal in which the child resides.2. For the purposes of titles XIX and XX, any eligible child for whom there is a kinshipguardianship assistance payment being made under section 473(d) is deemed to be adependent child as defined in 406 of the Act and is deemed to be a recipient of AFDCunder part A of title IV of the Act (as in effect 7/16/96) in the State in which such childSec.2 D (4)(a)Sec. 2 D (4)(b)Sec. 2 D (5)Sec. 2 ENot Applicable in VT

TITLE IV-E STATE/TRIBAL PLAN – STATE OF VERMONT Section 2Page 16FederalState/Tribal Regulatory,Regulatory/Statutory, and PolicyRequirementStatutoryReferences andReferencesCitations for Eachresides.1356.21(h)471(a)(14)1356.21(b)471(a)(15)(A)&(B)471(a)(15)(C)F. SPECIFIC GOALS IN STATE/TRIBAL LAW1. The State/Tribal agency formulates for each fiscal year, commencing with the fiscalyear which begins October 1, 1983, a specific goal as to the maximum number ofchildren (in absolute numbers or as a percentage of all children in foster carereceiving assistance under a State/Tribal Title IV-E program) who at any given timeduring the fiscal year will have been in foster care for over 24 months. The specificfoster care goals required under section 471(a)(14) of the Act are incorporated intoState/Tribal law by statute or administrative regulation with the force of law.2. The State/Tribal agency will describe the steps that will be taken to achieve thespecific goal established.G. PREVENTIVE AND REUNIFICATION SERVICES1. Reasonable efforts. The State/Tribal makes reasonable efforts to maintain thefamily unit and prevent the unnecessary removal of a child from his/her home, aslong as the child's safety is assured; to effect the safe reunification of the child andfamily (if temporary out-of-home placement is necessary to ensure the immediatesafety of the child); and to make and finalize alternate permanency plans in a timelymanner when reunification is not appropriate or possible. In determining reasonableefforts to be made with respect to a child and in making such reasonable efforts, thechild's health and safety is the State/Tribal's paramount concern.2. If continuation of reasonable efforts as described in section 471(a)(15)(B) of the Actis determined to be inconsistent with the permanency plan for the child, reasonableefforts are made to place the child in a timely manner in accordance with thepermanency plan including, if appropriate, through an interstate placement, and tocomplete whatever steps are necessary to finalize the permanent placement of theSec. 2 FSec. 2 F (1)Sec. 2 F (2)(a)(b)(c)(d)Sec. 2 GSec. 2 G (1)Sec. 2 G (2)

TITLE IV-E STATE/TRIBAL PLAN – STATE OF VERMONT Section 2Page 17FederalState/Tribal Regulatory,Regulatory/Statutory, and PolicyRequirementStatutoryReferences andReferencesCitations for Eachchild.1356.21(b)(1)(I)&(ii)3. Judicial determination of reasonable efforts to prevent a child's removal from thehome.a. When a child is removed from his/her home, the judicial determination, as towhether reasonable efforts were made or were not required to prevent theremoval, is made no later than 60 days from the date the child is removed fromthe home.b. If the determination concerning reasonable efforts to prevent the removal is notmade as specified above, the child is not eligible under the Title IV-E foster caremaintenance payments program for the duration of that stay in foster care.Sec. 2 G (3)Sec. 2 G (3)(a)Sec. 2 G (3)(b)1356.21(b)(2)(i)4. Judicial determination of reasonable efforts to finalize a permanency plan.a. The State/Tribal agency obtains a judicial determination that it has madereasonable efforts to finalize the permanency plan that is in effect (whether theplan is reunification, adoption, legal guardianship, placement with a fit andwilling relative, or placement in another planned permanent living arrangement)within 12 months of the date the child is considered to have entered foster carein accordance with the definition at section 1355.20 of the regulations, and atleast once every 12 months thereafter while the child is in foster care.Sec. 2 G (4)Sec. 2 G (4)(a)

TITLE IV-E STATE/TRIBAL PLAN – STATE OF VERMONT Section 2Page 18FederalRegulatory/StatutoryRequirementReferencesCitations for Each1356.21(b)(2)(ii) b. If such a judicial determination regarding reasonable efforts to finalize apermanency plan is not made, the child becomes ineligible under Title IV-Efrom the end of the 12th month following the date the child is considered tohave entered foster care or the end of the 12 th month following the month inwhich the most recent judicial determination of reasonable efforts to finalize apermanency plan was made, and remains ineligible until such a judicialdetermination is made.State/Tribal Regulatory,Statutory, and PolicyReferences andSec. 2 G (4)(b)1356.21(b)(3)471(a)(15)(D)1356.21(b)(3)(I)471(a)(15)(D)5. Circumstances in which reasonable efforts are not required to prevent a child'sremoval from home or to reunify the child and family. Reasonable efforts to preventa child's removal from home or to reunify the child and family are not required if theState/Tribal agency obtains a judicial determination that such efforts are not requiredbecause:a. A court of competent jurisdiction has determined that the parent has subjectedthe child to aggravated circumstances (as defined in State/Tribal law, whichdefinition may include but need not be limited to abandonment, torture, chronicabuse, and sexual abuse);Sec. 2 G (5)Sec. 2 G (5)(a)

TITLE IV-E STATE/TRIBAL PLAN – STATE OF VERMONT Section 2Page 19FederalRegulatory/StatutoryRequirementReferencesCitations for Each1356.21(b)(3)(ii)471(a)(15)(D)b. A court of competent jurisdiction has determined that the parent has beenconvicted of:(1) murder (which would have been an offense under section 1111(a) of Title18, United State/Tribals Code, if the offense had occurred in the specialmaritime or territorial jurisdiction of the United State/Tribals) of anotherchild of the parent;(2) voluntary manslaughter (which would have been an offense under section1112(a) of Title 18, United State/Tribals Code, if the offense had occurred inthe special maritime or territorial jurisdiction of the United State/Tribals) ofanother child of the parent;(3) aiding or abetting, attempting, conspiring, or soliciting to commit such amurder or such a voluntary manslaughter; or(4) a felony assault that results in serious bodily injury to the child or anotherchild of the parent; or,State/Tribal Regulatory,Statutory, and PolicyReferences andSec. 2 G (5)(b)Sec. 2 G (5)(b)(i)Sec. 2 G (5)(b)(ii)Sec. 2 G (5)(b)(iii)Sec. 2 G (5)(b)(iv)1356.21(b)(3)(iii)471(a)(15)(D)1356.21(b)(4)471(a)(15)(F)c. The parental rights of the parent with respect to a sibling have been terminatedinvoluntarily.6. Concurrent planning.a. Reasonable efforts to finalize an alternate permanency plan may be madeconcurrently with reasonable efforts to reunify the child and family.b. Reasonable efforts to place a child for adoption or with a legal guardian, includingidentifying appropriate in-State/Tribal and out-of-State/Tribal placements, may bemade concurrently with reasonable efforts to reunify the child and family.Sec. 2 G (5)(c)Sec. 2 G (6)Sec. 2 G (6)(a)Sec. 2 G (6)(b)

TITLE IV-E STATE/TRIBAL PLAN – STATE OF VERMONT Section 2Page 20FederalState/Tribal Regulatory,Regulatory/Statutory, and PolicyRequirementStatutoryReferences andReferencesCitations for Each1356.21(b)(5) 7. Use of the Federal Parent Locator Service.Sec. 2 G (7)1356.21(i)(1)1356.21(i)(1)(i)475(5)(F)The State/Tribal agency may seek the services of the Federal Parent Locator Service tosearch for absent parents at any point in order to facilitate a permanency plan.H. TERMINATION OF PARENTAL RIGHTS1. The State/Tribal will file a petition (or, if such a petition has been filed by anotherparty, seek to be joined as a party to the petition) to terminate the parental rights of aparent(s):a. whose child has been in foster care under the responsibility of the State/Tribalfor 15 of the most recent 22 months. The petition must be filed by the end of thechild's 15 th month in foster care. In calculating when to file a petition fortermination of parental rights, the State/Tribal:(1) will calculate the 15 out of the most recent 22 month period from the datethe child entered foster care as defined at section 475(5)(F) of the Act;(2) will use a cumulative method of calculation when a child experiencesmultiple exits from and entries into foster care during the 22 month period;(3) will not include trial home visits or runaway episodes in calculating 15months in foster care; and,(4) only applies section 475(5)(E) of the Act to a child once if the State/Tribaldoes not file a petition because one of the exceptions applies;Sec. 2 HSec. 2 H (1)Sec. 2 H (1)(a)Sec. 2 H (1)(a)(i)Sec. 2 H (1)(a)(ii)Sec. 2 H (1)(a)(iii)Sec. 2 H (1)(a)(iv)1356.21(i)(1)(ii) b. whose child has been determined by a court of competent jurisdiction to be anabandoned infant (as defined under State/Tribal law). The petition to terminateparental rights is made within 60 days of the judicial determination that thechild is an abandoned infant; or,Sec. 2 H (1)(b)

TITLE IV-E STATE/TRIBAL PLAN – STATE OF VERMONT Section 2Page 21FederalRegulatory/StatutoryRequirementReferencesCitations for Each1356.21(i)(1)(iii) c. who has been convicted of one of the felonies listed above. Under suchcircumstances, the petition to terminate parental rights is to be made within 60days of a judicial determination that reasonable efforts to reunify the child andparent are not required.State/Tribal Regulatory,Statutory, and PolicyReferences andSec. 2 H (1)(c)1356.21(i)(2)1356.21(i)(3)1355.20(a)475(5)(F)2. The State/Tribal may elect not to file or join a petition to terminate the parental rightsof a parent of this section if:a. at the option of the State/Tribal, the child is being cared for by a relative;b. the State/Tribal agency has documented in the case plan (which must beavailable for court review) a compelling reason for determining that filing sucha petition would not be in the best interests of the individual child;c. the State/Tribal agency has not provided to the family, consistent with the timeperiod in the case plan, services that the State/Tribal deems necessary for thesafe return of the child to the home, when reasonable efforts to reunify thefamily are required.3. When the State/Tribal files or joins a petition to terminate parental rights, itconcurrently begins to identify, recruit, process, and approve a qualified adoptivefamily for the child.I. DATE CHILD CONSIDERED TO HAVE ENTERED FOSTER CAREA child will be considered to have entered foster care on the earlier of:1. the date of the first judicial finding that the child has been subjected to child abuse orneglect; or2. the date that is 60 days after the date on which the child is removed from the home.Sec. 2 H (2)Sec. 2 H (2)(a)Sec. 2 H (2)(b)Sec. 2 H (2)(c)Sec. 2 H (3)Sec. 2 ISec. 2 ISec. 2 I

TITLE IV-E STATE/TRIBAL PLAN – STATE OF VERMONT Section 2Page 22FederalRegulatory/StatutoryRequirementReferencesCitations for Each1356.21(d)472(a)(1)J. DOCUMENTATION OF JUDICIAL DETERMINATIONSThe judicial determinations regarding contrary to the welfare, reasonable efforts toprevent removal, and reasonable efforts to finalize the permanency plan in effect,including judicial determinations that reasonable efforts are not required, are explicitlydocumented and made on a case-by-case basis and so stated in the court order.State/Tribal Regulatory,Statutory, and PolicyReferences andSec. 2 J1356.21(e)1. If the reasonable efforts and contrary to the welfare judicial determinations are notincluded as required in the court orders, a transcript of the court proceedings is theonly other documentation accepted to verify that these required determinations havebeen made.2. Neither affidavits nor nunc pro tunc orders will be accepted as verificationdocumentation in support of reasonable efforts and contrary to the welfare judicialdeterminations, except as provided in 479B(c)(ii)of the Act and for Tribes.3. Court orders that reference State/Tribal law to substantiate judicial determinationsare not acceptable, even if State/Tribal law provides that a removal must be based ona judicial determination that remaining in the home would be contrary to the child'swelfare or that removal can only be ordered after reasonable efforts have been made,except as applied to Tribes in section 7 of this plan regarding use of nunc pro tuncorders.K. TRIAL HOME VISITSA trial home visit may not exceed six months in duration, unless the court orders a longertrial home visit. If a trial home visit extends beyond six months and has not beenauthorized by the court, or exceeds the time period the court has deemed appropriate, andthe child is subsequently returned to foster care, that placement must then be considereda new placement and Title IV-E eligibility must be newly established. Under thesecircumstances, the judicial determinations regarding contrary to the welfare andSec. 2 J (1)Sec. 2 J (2)Sec. 2 J (3)Sec. 2 K

TITLE IV-E STATE/TRIBAL PLAN – STATE OF VERMONT Section 2Page 23FederalState/Tribal Regulatory,Regulatory/Statutory, and PolicyRequirementStatutoryReferences andReferencesCitations for Eachreasonable efforts to prevent removal are required.471(a)(24)L. TRAININGSec. 2 LBefore a child in foster care is placed with prospective foster parents, the prospectivefoster parents are adequately prepared with the appropriate knowledge and skills toprovide for the needs of the child. As necessary, such preparation is continued afterplacement of the child.

TITLE IV-E STATE/TRIBAL PLAN – STATE OF VERMONT Section 3Page 1FederalRegulatory/StatutoryReferences473(e)RequirementSECTION 3. ADOPTION ASSISTANCE PAYMENTSA. ELIGIBILITY – Applicable Child (Effective October 1, 2009)State/Tribal Regulatory,Statutory, and PolicyReferences andCitations for EachSec. 4 A473(c)(2)1. Beginning in fiscal year 2010, an applicable child is:a. a child for whom an adoption assistance agreement is entered into under section 473during any fiscal year described in 473(e)(1)(B) if the child attained the applicable agepursuant to that paragraph for that fiscal year before the end of that fiscal year; orb. a child of any age on the date on which an adoption assistance agreement is enteredinto on behalf of the child under section 473 if the child has been in foster care under theresponsibility of the State/Tribal agency for at least 60 consecutive months and meets therequirements of paragraph 473(a)(2)(A)(ii); orc. a child of any age on the date on which an adoption assistance agreement is enteredinto on behalf of the child under this section without regard to whether the child isdescribed in 473(e)(2)(A) if the child:i. is a sibling of a child who is an applicable child for the fiscal year underparagraphs 473(e)(1) or (2); andii. is to be placed in the same adoption placement as their sibling who is anapplicable child for the fiscal year; andiii. meets the requirements of 473 (a)(2)(A)(ii).Adoption assistance payments may be made to parents who adopt a child with specialneeds. In the case of a child who is an applicable child for a fiscal year as defined inSec. 4 A (1)

TITLE IV-E STATE/TRIBAL PLAN – STATE OF VERMONT Section 3Page 2FederalRegulatory/StatutoryReferencesRequirement473(e), the child shall not be considered a child with special needs unless:State/Tribal Regulatory,Statutory, and PolicyReferences andCitations for Each473(c)(2)(A) a. the State/Tribal has determined, pursuant to established criteria, the child cannotor should not be returned to the home of his or her parents; and473(c)(2)(B) b. eitheri. the State/Tribal has first determined that a specific factor or conditionexists with respect to the child (such as ethnic background, age, ormembership in a minority or sibling group, or the presence of factors suchas medical conditions or physical, mental or emotional disabilities)because of which it is reasonable to conclude that such child cannot beplaced for adoption without providing adoption assistance or medicalassistance under Title XIX; orii. the child meets all medical or disability requirements of Title XVI withrespect to eligibility for supplemental security income benefits: and473(c)(2)(C) c. the State/Tribe has determined that, except where it would be against the bestinterests of the child because due to such factors as the existence of significantemotional ties with prospective adoptive parents while in the care of suchparents as a foster child, a reasonable, but unsuccessful, effort has been made toplace the child with appropriate adoptive parents without providing adoptionassistance under this section or medical assistance under Title XIX.Sec. 4 A (1)(a)Sec. 4 A (1)(b)Sec. 4 A (1)(c)

TITLE IV-E STATE/TRIBAL PLAN – STATE OF VERMONT Section 3Page 3FederalRegulatory/StatutoryReferences473(a)(1)(A)473(a)(2)(A)(ii)473(a)(2)(C)(ii)Requirement3. in the case of a child who is an applicable child for the fiscal year as defined in473(e), adoption assistance payments may be made if the child has been determinedby the State/Tribe pursuant to section 473© to be a child with special needs and:a. the time of initiation of adoption proceedings the child was in the care of a publicor licensed private child placement agency or Tribal agency pursuant to -i. an involuntary removal of the child from the home in accordance with ajudicial determination to the effect that the continuation in the home would becontrary to the welfare of the child: orii. a voluntary placement agreement or voluntary relinquishment: orb. meets all medical or disability requirements of Title XVI with respect toeligibility for supplemental security income benefits; orc. was residing in a foster family home or child care institution with the child’sminor parent, and the child’s minor parent was in such foster family home or childcare institution pursuant to -i. an involuntary removal of the child from the home in accordance with ajudicial determination to the effect that the continuation in the home wouldbe contrary to the welfare of the child: orii. a voluntary placement agreement or voluntary relinquishment; andd. has been determined by the State/Tribal pursuant to section 473(c)(2) to be a childwith special needs.4. In the case of a child who is an applicable child for the fiscal year as defined in473(e), the child will be treated as meeting the requirements to receive adoptionassistance payments if the child:State/Tribal Regulatory,Statutory, and PolicyReferences andCitations for EachSec. 4 A (3)Sec. 4 (A) (4)

TITLE IV-E STATE/TRIBAL PLAN – STATE OF VERMONT Section 3Page 4FederalRegulatory/StatutoryReferencesRequirementa. meets the requirements of 473(a)(2)(A)(ii)(II); andb. is determined eligible for adoption assistance payments under this part withrespect to a prior adoption (or who would have been determined eligible forpayments had the Adoption and Safe Families Act of 1997 been in effect atat the time that such determination would have been made; andc. is available for adoption because the prior adoption has been dissolved andthe parental rights of the adoptive parents have been terminated or becausethe child’s adoptive parents have died.State/Tribal Regulatory,Statutory, and PolicyReferences andCitations for Each473(a)(1)(A)473(c)(1)473(c)(1)(A)A. II. ELIGIBILITY –Non-applicable Child (Currently effective, but beginning October1, 2008, decreases based on the criteria in 473(e) until October 1, 2017, at which timethis authority ends)1. Adoption assistance payments may be made to parents who adopt a child with specialneeds. In the case of a child who is not an applicable child, as defined in 473(e), for afiscal year, the child shall not be considered a child with special needs unless:a. the State/Tribe has determined the child cannot or should not be returned to the homeof his or her parents; andSec. 4 (A) (II)Sec. 4 (A) (II) (1)Sec. 4 (A) (II) (1) (a)473(c)(1)(B)b. the State/Tribe has first determined that a specific factor or condition exists withrespect to the child (such as ethnic background, age, or membership in a minority orsibling group, or the presence of factors such as medical conditions or physical, mentalor emotional disabilities) because of which it is reasonable to conclude that such childcannot be placed for adoption without providing adoption assistance or medicalSec. 4 (A) (II) (1)(b)

TITLE IV-E STATE/TRIBAL PLAN – STATE OF VERMONT Section 3Page 5FederalRegulatory/StatutoryReferencesassistance under title XIX; andRequirementState/Tribal Regulatory,Statutory, and PolicyReferences andCitations for Each473(c)(1)(B)473(a)(2)(A)473(a)(2)(A)(i)473(a)(2)(A)(i)(II)473(a)(2)(A)(i)(I)(aa)c. a reasonable, but unsuccessful, effort has been made to place the child withoutproviding assistance except where it would be against the best interests of the child dueto such factors as the existence of significant emotional ties with prospective adoptiveparents while in the care of such parents as a foster child.2. In the case of a child who is not an applicable child for the fiscal year as defined in473(e), adoption assistance payments may be made if the child has been determined bythe State/Tribe pursuant to section 473(c) to be a child with special needs and:a. was removed from the home of a relative specified in section 406(a) of the Act (as ineffect on July 16, 1996) and placed in foster care in accordance with a voluntaryplacement agreement with respect to which Federal payments are provided under section474 (or section 403, as in effect on July 16, 1996), or in accordance with a judicialdetermination to the effect that continuation in the home would be contrary to the welfareof the child; andi. received AFDC, in that relative's home, under the State plan approved undersection 402 of the Act (as in effect 7/16/96), or would have received AFDCunder such plan had application been made, in or for the month the voluntaryplacement agreement was entered into or court proceedings leading to thejudicial determination referred to in section 473(a)(2)(A)(i) were initiated; orhad been living with a relative specified in section 406(a) of the Act within sixSec. 4 (A) (II) (1) (c)Sec. 4 (A) (II) (2)Sec. 4 (A) (II) (2) (a)Sec. 4 (A) (II) (2) (a) (i)

TITLE IV-E STATE/TRIBAL PLAN – STATE OF VERMONT Section 3Page 6FederalRegulatory/StatutoryReferences473(a)(2)(A)(i)(I)(bb)Requirementmonths before the month in which a voluntary placement agreement was entered intoor court proceedings leading to the judicial determination referred to in section473(a)(2)(A)(i), were initiated and would have received AFDC in that relative'shome under the State plan approved under section 402 of the Act for that month, if inthat month the child had been living with such relative and application had beenmade;b. meets all the requirements of title XVI of the Act with respect to eligibility forsupplemental security income benefits; orState/Tribal Regulatory,Statutory, and PolicyReferences andCitations for EachSec. 4 (A) (II) (2) (a) (ii)Sec. 4 (A) (II) (2) (b)473(a)(2)(C)(i)3. In the case of a child who is not an applicable child for the fiscal year as defined in473(e), the child will be treated as meeting the requirements to receive adoptionassistance payments if the child:a. meets the requirements of section 473(a)(2)(A)(i)(II); andb. is determined eligible for adoption assistance payments under 473 of the Act withrespect to a prior adoption; andc. is available for adoption because the prior adoption has been dissolved and theparental rights of the adoptive parents have been terminated or because the child'sadoptive parents have died; andd. fails to meet the requirements of section 473(a)(2)(A)(i) but will meet suchrequirements if the child is treated as if the child is in the same financial and othercircumstances the child was in the last time the child was determined eligible foradoption assistance payments under section 473 of the Act and the prior adoption isSec. 4 (A) (II) (3)

TITLE IV-E STATE/TRIBAL PLAN – STATE OF VERMONT Section 3Page 7FederalRegulatory/StatutoryReferencestreated as never having occurred.RequirementState/Tribal Regulatory,Statutory, and PolicyReferences andCitations for EachA. III ELIGIBILITY - General473(a)(1)(B)1. Adoption assistance payments are made to adoptive parents who have entered into anadoption assistance agreement (see subsection C of this plan) with the State/Tribalagency.Sec. 4 A (2)473(a)(2)(D) 2. In determining the eligibility for adoption assistance payments of a child in a legal Not Applicable in VTguardianship arrangement described in section 471(a)(28), the placement of the childwith the relative guardian involved and any kinship guardianship assistance paymentsmade on behalf of the child shall be considered never to have been made.473(a)(2)(A) Adoption assistance payments are made with respect to an adoptive child who: Sec. 4 A (3)

TITLE IV-E STATE/TRIBAL PLAN – STATE OF VERMONT Section 3Page 8FederalRegulatory/StatutoryReferences473(a)(2)(A) (i)(I)Requirementa. was removed from the home of a relative specified in section 406(a) of the Act (asin effect on July 16, 1996) and placed in foster care in accordance with avoluntary placement agreement as provided under section 474 (or section 403, asin effect on July 16, 1996), or in accordance with a judicial determination to theeffect that continuation in the home would be contrary to the welfare of the child;and(1) received AFDC, in that relative’s home, under the State/Tribal planapproved under section 402 of the Act (as in effect 7/16/96), or would havereceived AFDC under such plan had application been made, in or for themonth the voluntary placement agreement was entered into or courtproceedings leading to the judicial determination referred to in section473(a)(2)(A)(i) were initiated; or(2) had been living with a relative specified in section 406(a) of the Act withinsix months before the month in which a voluntary placement agreement wasentered into or court proceedings leading to the judicial determinationreferred to in section 473(a)(2)(A)(i), were initiated and would havereceived AFDC in that relative’s home under the State/Tribal plan approvedunder section 402 of the Act for that month, if in that month the child hadbeen living with such relative and application had been made.State/Tribal Regulatory,Statutory, and PolicyReferences andCitations for EachSec. 4 A (3)(a)Sec. 4 A (3)(a)(i)Sec. 4 A (3)(a)(ii)473(a)(2)(A)(i)(II) b. meets all the requirements of Title XVI of the Act with respect to eligibility forsupplemental security income benefits; orSec. 4 A (3)(b)473(a)(2)(A)(i)(III)c. is a child whose costs in a foster family home or child-care institution arecovered by the foster care maintenance payments being made with respectSec. 4 A (3)(c)

TITLE IV-E STATE/TRIBAL PLAN – STATE OF VERMONT Section 3Page 9FederalRegulatory/StatutoryReferences473(a)(2)(B)473(a)(2)(C)473(a)(1)(B)(i)473(a)(1)(B)(ii)Requirementto the minor parent of the child as provided in section 475(4)(B); and,e. meets the requirements of section 472(a)(4) of the Act in any case in which the childis an alien as described in such section of the Act.5. Any child who meets the following requirements will be treated as meeting therequirements to receive adoption assistance payments:a. meets the requirements of section 473(a)(2)(A)(ii);b. is determined eligible for adoption assistance payments under 473 of the Actwith respect to a prior adoption;c. is available for adoption because the prior adoption has been dissolved and theparental rights of the adoptive parents have been terminated or because thechild's adoptive parents have died; andd. fails to meet the requirements of section 473(a)(2)(A)(i) but will meet suchrequirements if the child is treated as if the child is in the same financial andother circumstances the child was in the last time the child was determinedeligible for adoption assistance payments under section 473 of the Act and theprior adoption is treated as never having occurred.B. PAYMENTS – AMOUNTS AND CONDITIONS1. Payments will be made for non-recurring adoption expenses incurred by or on behalfof the adoptive parents in connection with the adoption of a child with special needs,directly through the State/Tribal agency or through another public or nonprofitprivate agency, in amounts determined through an agreement with the adoptiveparents, and2. In any case where the child meets the requirements of section 473(a)(2) of the Act,the State/Tribal may make adoption assistance payments to adoptive parents, directlythrough the State/Tribal agency or through another public or nonprofit privateState/Tribal Regulatory,Statutory, and PolicyReferences andCitations for EachSec. 4 A (3)(e)Sec. 4 A (4)Sec. 4 A (4)(a)Sec. 4 A (4)(b)Sec. 4 A (4)(c)Sec. 4 A (4)(d)Sec. 4 BSec. 4 B (1)Sec. 4 B (2)

TITLE IV-E STATE/TRIBAL PLAN – STATE OF VERMONT Section 3Page 10FederalRegulatory/StatutoryReferences473(a)(3)Requirementagency, in amounts so determined through an adoption assistance agreement (seeSection 3, item C of this plan).3. The amount of such payment:a. will take into consideration the circumstances of the adopting parents and theneeds of the child being adopted;b. may be adjusted periodically with the concurrence of the adoptive parents toreflect changing circumstances; andc. may not exceed the foster care maintenance payment which would have beenpaid during the period if the child with respect to whom the adoption assistancepayment is made had been in a foster family home.State/Tribal Regulatory,Statutory, and PolicyReferences andCitations for EachSec. 4 B (3)Sec. 4 B (3)(a)Sec. 4 B (3)(b)Sec. 4 B (3)(c)1356. 40(d) 4. In determining eligibility for adoption assistance payments, there is no incomeeligibility requirement (means test) for the adoptive parents.Sec. 4 B (4)473(a)(4)473(a)(4)5. Payments are terminated when the State/Tribal determines that:a. the child has attained the age of 18 (or, where the State/Tribal determines thatthe child has a mental or physical disability which warrants the continuation ofassistance, the age of 21), orb. the parents are no longer legally responsible for the support of the child, orc. the child is no longer receiving support from the adoptive parents.6. The adoptive parents are required to inform the State/Tribal agency of circumstancesthat would make them ineligible for adoption assistance payments or eligible foradoption assistance payments in a different amount.Sec. 4 B (5)Sec. 4 B (5)(a)Sec. 4 B (5)(b)Sec. 4 B (6)

TITLE IV-E STATE/TRIBAL PLAN – STATE OF VERMONT Section 3Page 11FederalRegulatory/StatutoryReferences473(a)(7)Requirement7. No payment may be made to parents with respect to any applicable child for a fiscalyear that:a. would be considered a child with special needs under 473(c)(2);b. is not a citizen or resident of the United States; andc. was adopted outside of the United States or was brought into the United States forthe purposes of being adopted.8. A child that is not a citizen or resident of the US and was adopted outside of the US orbrought into the US for the purpose of being adopted may be eligible for adoptionassistance payments if the initial adoption of the child by parents is a failure and thechild is subsequently placed into foster care.State/Tribal Regulatory,Statutory, and PolicyReferences andCitations for EachSec. 4 B (7)Sec. 4 B (8)475(3) C. ADOPTION ASSISTANCE AGREEMENTSec. 4 C1356.40(b)1. An adoption assistance agreement is a written agreement, binding on all parties,between the State/Tribal agency, other relevant agencies, and the prospectiveadoptive parents.2. The adoption assistance agreement meets the requirements of section 475(3) of theAct as stated below:Sec. 4 C (1)Sec. 4 C (2)1356.40(b)(1) a. is signed by the adoptive parents and a representative of the State/Tribal agencyand is in effect before adoption assistance payments are made under Title IV-E,but no later than the finalization of the adoption;Sec. 4 C (2)(a)1356.40(b)(2) b. specifies the duration of the agreement; Sec. 4 C (2)(b)

TITLE IV-E STATE/TRIBAL PLAN – STATE OF VERMONT Section 3Page 12FederalRegulatory/StatutoryRequirementReferences475(3)1356.40(b)(3) c. specifies the amount of the adoption assistance payments (if any) and the natureand amount of any other payments, services and assistance to be provided(including non-recurring adoption expenses in agreements incurred by theparents);State/Tribal Regulatory,Statutory, and PolicyReferences andCitations for EachSec. 4 C (2)(c)473(b) d. specifies the child's eligibility for Title XIX and Title XX; Sec. 4 C (2)(d)475(3)(B) e. specifies that the agreement remains in effect regardless of the residence of the Sec. 4 C (2)(e)adoptive parents;475(3) f. contains provisions for the protection of the interests of the child in case theadoptive parents and child should move to another State/Tribal while theagreement is in effect; and1356.40(d) g. if a needed service specified in the agreement is not available in the new Stateor service area of resident, the State/Tribal making the original adoptionassistance payment remains financially responsible for providing the specifiedservice(s).Sec. 4 C (2)(f)Sec. 4 C (2)(g)

TITLE IV-E STATE/TRIBAL PLAN – STATE OF VERMONT Section 3Page 13FederalRegulatory/StatutoryReferences473(b)(1-4)D. MEDICAID AND SOCIAL SERVICESRequirement1. For the purposes of Titles XIX and XX, any eligible child for whom there is anadoption assistance agreement in effect under section 473(a)(2) (whether or notadoption assistance payments are being made) is deemed to be a dependent child asdefined in 406 of the Act and is deemed to be a recipient of AFDC under part A ofTitle IV of the Act (as in effect 7/16/96) in the State/Tribal in which such childresides. Any child of such eligible child will be eligible for such services.State/Tribal Regulatory,Statutory, and PolicyReferences andCitations for EachSec. 4 DSec. 4 D (1)471(a)(21) (A)&(B)471(a)(21)(C)&(D)2. The State/Tribal will provide health insurance coverage (through one or moreState/Tribal medical assistance programs), with the same type and kind of benefits asthose which would be provided for children by the State/Tribal under Title XIX, or acomparable State/Tribal medical plan, for any child who has been determined to be achild with special needs, for whom there is in effect an adoption assistanceagreement between the State/Tribal and an adoptive parent or parents, and who theState/Tribal has determined cannot be placed with an adoptive parent or parentswithout medical assistance due to special needs for medical, mental health orrehabilitative care.3. In the event that the State/Tribal provides such coverage through a State/Tribalmedical assistance program other than the program under Title XIX, and theState/Tribal exceeds its funding for services under such other program, any suchchild is deemed to be receiving aid or assistance under the State/Tribal plan underthis part for purposes of section 1902(a)(10)(a)(i)(1); and in determining cost-sharingrequirements, the State/Tribal will take into consideration the circumstances of theadopting parent or parents and the needs of the child being adopted to the extentcoverage is provided through a State/Tribal medical assistance program, consistentSec. 4 D (2)Sec. 4 D (3)

TITLE IV-E STATE/TRIBAL PLAN – STATE OF VERMONT Section 3Page 14FederalRegulatory/StatutoryReferenceswith the rules under such program.RequirementState/Tribal Regulatory,Statutory, and PolicyReferences andCitations for Each473A(b)E. ELIGIBILITY FOR ADOPTION INCENTIVE FUNDINGStates are eligible for adoption incentive funds in FY’s 2008 through 2012, if:1.a the number of foster child adoptions in the State during the fiscal year exceeds thenumber of foster child adoptions for the State in fiscal year 2007; orb. the number of older child adoptions in the State during the fiscal year exceeds the basenumber of older child adoptions for the State for the fiscal year; orc. the State’s foster child adoption rate for the fiscal year exceeds the highest ever fosterchild adoption rate determined for the State; and2. the State is in compliance with the data requirements in section 473A(c) of the Act;and3. the State provides health insurance coverage to any child with special needs (asdetermined under section 473(c) for whom there is in effect an adoption assistanceagreement.Sec. 4 E

TITLE IV-E STATE/TRIBAL PLAN – STATE OF VERMONT Section 4Page 1FederalRegulatory/StatutoryReferences471(a)(10)1355.20(a)472(c)(1)RequirementSECTION 4. GENERAL PROGRAM REQUIREMENTSA. STANDARDS FOR FOSTER FAMILY HOMES AND CHILD CAREINSTITUTIONSThe State/Tribal agency has established or designated a State/Tribal authority(ies) whichis responsible for establishing and maintaining standards for foster family homes andchild care institutions which are reasonably in accord with recommended standards ofnational organizations concerned with standards for such institutions or homes, includingstandards related to admission policies, safety, sanitation, and protection of civil rights.The standards so established are applied by the State/Tribal to any foster family home orchild-care institution receiving funds under Titles IV-E or IV-B. The State/Tribal agencyhas provided that waivers of such standards may be made only on a case-by-case basisfor non-safety standards (as determined by the State/tribe) in relative foster family homesfor specific children in care.6. Foster family home means, for the purpose of Title IV-E eligibility, the home of anindividual or family licensed or approved as meeting the standards established by theState/Tribal licensing or approval authority(ies) (or with respect to foster familyhomes on or near Indian reservations, by the tribal licensing or approvalauthority(ies), that provides 24-hour out-of-home care for children. The term mayinclude group homes, agency-operated boarding homes or other facilities licensed orapproved for the purpose of providing foster care by the State/Tribal agencyresponsible for approval or licensing of such facilities. Foster family homes that areapproved must be held to the same standards as foster family homes that arelicensed. Anything less than full licensure or approval is insufficient for meetingTitle IV-E eligibility requirements.State/Tribal Regulatory,Statutory, and PolicyReferences andCitations for EachSec. 5 (A)Sec. 2 C (3)

TITLE IV-E STATE/TRIBAL PLAN – STATE OF VERMONT Section 4Page 2FederalRegulatory/StatutoryReferences1355.20(a)(2)472(c)(2)Requirement7. Child care institution means a private child care institution, or a public child careinstitution which accommodates no more than 25 children, and is licensed by theState/Tribal in which it is situated or has been approved by the agency of suchState/Tribal or tribal licensing authority (with respect to child care institutions on ornear Indian reservations) responsible for licensing or approval of institutions of thistype as meeting the standards established for such licensing. This definition must notinclude detention facilities, forestry camps, training schools, or any other facilityoperated primarily for the detention of children who are determined to be delinquent.State/Tribal Regulatory,Statutory, and PolicyReferences andCitations for EachSec. 2 C (4)1356.21(m)(1)&(2)471(a)(11)471(a)(12)B. REVIEW OF PAYMENTS AND LICENSING STANDARDSThe agency reviews at reasonable, specific, time-limited periods established by theState/Tribal:1. the amount of the payment made for foster care maintenance and adoption assistanceto assure their continued appropriateness; and2. the licensing or approval standards for child care institutions and foster familyhomes.C. FAIR HEARINGSThe State/Tribal agency has a system for granting an opportunity for a fair hearing(before the State/Tribal agency) to any individual whose claim for benefits under thisplan is denied or not acted upon with reasonable promptness.Sec. 5 BSec. 5 B (1)Sec. 5 B (2)Sec. 5 C

TITLE IV-E STATE/TRIBAL PLAN – STATE OF VERMONT Section 4Page 3FederalRegulatory/StatutoryReferences471(a)(13)D. INDEPENDENT AUDITRequirementState/Tribal Regulatory,Statutory, and PolicyReferences andCitations for EachSec. 5 DThe State/Tribal Agency will arrange for a periodic and independently conducted audit,no less frequently than once every three years, of the Titles IV-E and IV-B programs.471(a)(9)E. CHILD ABUSE AND NEGLECTThe State/Tribal agency will report to an appropriate agency or official known orsuspected instances of physical or mental injury, sexual abuse or exploitation, ornegligent treatment or maltreatment of a child receiving aid under Titles IV-B orIV-E under circumstances that indicate that the child's health or welfare is threatened.Sec. 5 E471(a)(25) & (26)F. TIMELY INTERSTATE/TRIBAL PLACEMENT OF CHILDREN1. The State/Tribal shall have in effect procedures for the orderly and timely interstateplacement of children which provides that:a. Within 60 days after the State/Tribal receives from another State/Tribal arequest to conduct a study of a home environment for purposes of assessing thesafety and suitability of placing a child in the home, the State/Tribal shall,directly or by contract:i. Conduct and complete the study; andii. return to the other State/Tribal a report on the results of the study whichshall address the extent to which placement in the home would meet theneeds of the child; andb. The State/Tribal is not required to complete within the applicable time periodSec. 5 FSec. 5 F (1)Sec. 5 F (1)(a)Sec. 5 F (1)(a)(i)Sec. 5 F (1)(a)(ii)Sec. 5 F (1)(a)(iii)

TITLE IV-E STATE/TRIBAL PLAN – STATE OF VERMONT Section 4Page 4FederalRegulatory/StatutoryReferences471(a)(18)(A)&(B)Requirementthe parts of the home study involving the education and training of theprospective foster or adoptive parents.c. The State/Tribal shall treat any such report that is received from anotherState/Tribal or an Indian tribe (or from a private agency under contract withanother State/Tribal) as meeting any requirements imposed by the State/Tribalfor the completion of a home study before placing a child in the home, unless,within 14 days after receipt of the report, the State/Tribal determines, based ongrounds that are specific to the content of the report, that making a decision inreliance on the report would be contrary to the welfare of the child; andd. The State/Tribal shall not impose any restriction on the ability of a State/Tribalagency administering, or supervising the administration of, a State/Tribalprogram operated under a State/Tribal plan approved under this part to contractwith a private agency for the conduct of such a home study.G. REMOVAL OF BARRIERS TO INTERETHNIC ADOPTION1. The State/Tribe or any other entity in the State/Tribe that receives funds from theFederal Government and is involved in adoption or foster care placements may not:a. deny to any person the opportunity to become an adoptive or foster parent, onthe basis of race, color, or national origin of the person, or of the child involved;orb. delay or deny the placement of a child for adoption or into foster care, on thebasis of race, color, or national origin of the adoptive or foster parent or thechild involved; andc. maintain any statute, regulation, policy, procedure or practice that, on its face, isa violation as defined in sections 471(a)(18)(A) and (B) above.State/Tribal Regulatory,Statutory, and PolicyReferences andCitations for EachSec. 5 F (1)(b)Sec. 5 F (1)(c)Sec. 5 F (1)(d)Sec. 5 GSec. 5 GSec. 5 G (a)Sec. 5 G (b)Sec. 5 G (c)

TITLE IV-E STATE/TRIBAL PLAN – STATE OF VERMONT Section 4Page 5FederalRegulatory/StatutoryReferences1355.38(a)(2)(iii)RequirementState/Tribal Regulatory,Statutory, and PolicyReferences andCitations for Each1355.38(a)(5)471(a)(19)417(a)(29)2. Compliance with the Indian Child Welfare Act of 1978 (Pub.L.95-608) does notconstitute a violation of section 471(a)(18).H. KINSHIP CARE1. The State/Tribal considers giving preference to an adult relative over a non-relatedcaregiver when determining a placement for a child, provided that the relative caregivermeets all relevant State/Tribal child protection standards.2. Within thirty days after the removal of a child from the custody of the parent orparents of the child, the State/Tribal agency shall exercise due diligence to identify andprovide notice to all adult grandparents and other adult relatives of the child (includingany other adult relatives suggested by the parents), subject to exceptions due to familyviolence, that:a. specifies that the child has been or is being removed from the custody of the parent orparents of the child;b. explains the options the relative has under Federal, State, and local law or Tribal lawto participate in the care and placement of the child, including any options that may belost by failing to respond to the notice;c. describes the requirements under paragraph 471(a)(10) to become a foster familyhome and the additional services and supports that are available for the children placed insuch a home; andSec. 5 G (d)Sec. 5 HSec. 5 H (2)d. if the State/Tribe has elected to operate a kinship guardianship assistance program,

TITLE IV-E STATE/TRIBAL PLAN – STATE OF VERMONT Section 4Page 6FederalRegulatory/StatutoryReferences471(a)(31)1356.30(a)471(a)(20)(A)Requirementdescribes how the relative guardian of the child may subsequently enter into anagreement with the State or Tribe under 473(d) to receive the payments.3. The legal guardianship means a judicially created relationship between the child andrelative which is intended to be permanent and self-sustaining as evidenced by thetransfer to the relative of the following parental rights with respect to the child:a. protection;b. education;c. care and control of the person;d. custody of the person; ande. decision making.I. SIBLING PLACEMENTThe State/Tribe shall make reasonable efforts to:1. place siblings removed from their home in the same foster care, kinship guardianship,or adoptive placement, unless the State documents that such a joint placement would becontrary to the safety or well-being of any of the siblings; and2. in the case of siblings removed from their home who are not so jointly placed, toprovide for frequent visitation or other ongoing interaction between the siblings, unlessthat State/Tribe documents that frequent visitation or other ongoing interaction would becontrary to the safety or well-being of any of the siblings.J. SAFETY REQUIREMENTS1. Safety requirements for foster care and adoptive home providers.State/Tribal Regulatory,Statutory, and PolicyReferences andCitations for EachNot Applicable in VTSec. 5 (I)Sec. 5 J (1)(a)

TITLE IV-E STATE/TRIBAL PLAN – STATE OF VERMONT Section 4Page 7FederalRegulatory/StatutoryReferences1356.30(b)471(a)(20)(A)(i)1356.30(c)471(a)(20)(A)(ii)Requirementa. the State/Tribal provides procedures for criminal records checks (includingfinger-print-based checks of national crime information databases (as defined insection 534(e)(3)(a) of Title 28, United States Code) for any prospective fosterand adoptive parent before the parent may be finally approved for placement ofa child regardless of whether foster care maintenance payments or adoptionassistance payments are to be made on behalf of the child.b. The State/Tribal does not approve or license any prospective foster or adoptiveparent, nor does the State/Tribal claim FFP for any foster care maintenance oradoption assistance payment made on behalf of a child placed in a foster homeoperated under the auspices of a child placing agency or on behalf of a childplaced in an adoptive home through a private adoption agency, if theState/Tribal finds that, in any case involving a child on whose behalf suchpayments are to be made in which a criminal records check conducted inaccordance with paragraph (a) of this section, a court of competent jurisdictionhas determined that the prospective foster or adoptive parent has been convictedof a felony involving:(1) Child abuse or neglect;(2) Spousal abuse;(3) A crime against a child or children (including child pornography); or,(4) A crime involving violence, including rape, sexual assault, or homicide, butnot including other physical assault or battery.c. The State/Tribal does not approve or license any prospective foster or adoptiveparent, nor claim FFP for any foster care maintenance or adoption assistancepayment made on behalf of a child placed in a foster family home operatedunder the auspices of a child placing agency or on behalf of a child placed in anadoptive home through a private adoption agency, if the State/Tribal finds, inany case involving a child on whose behalf such payments are to be made inwhich a criminal records check conducted in accordance with paragraph (a) ofState/Tribal Regulatory,Statutory, and PolicyReferences andCitations for EachSec. 5 J (1)(b)Sec. 5 J (1)(c)

TITLE IV-E STATE/TRIBAL PLAN – STATE OF VERMONT Section 4Page 8FederalRegulatory/StatutoryRequirementReferencesthis section, that a court of competent jurisdiction has determined that theprospective foster or adoptive parent has, within the last five years, beenconvicted of a felony involving:(1) Physical assault;(2) Battery; or,(3) A drug-related offense.1356.30(f) d. In order for a child care institution to be eligible for Title IV-E funding, thelicensing file for the institution contains documentation which verifies thatsafety considerations with respect to the staff of the institution have beenaddressed.471(a)(20)(C) g. The State/Tribal shall check any child abuse and neglect registry for informationon any prospective foster or adoptive parent and on any other adult living in thehome of such a prospective parent for such information, before the prospectivefoster or adoptive parent may be finally approved for placement of a child,regardless of whether foster care maintenance payments or adoption assistancepayments are to be made on behalf of the child:1. The State/Tribal shall check any child abuse and neglect registry it maintains forsuch information.2. The State/Tribal shall request any other State/Tribal in which any suchprospective parent or other adult has resided in the preceding 5 years, to checkany child abuse and neglect registry maintained by such other State/Tribal forsuch information.3. The State/Tribal shall comply with any such request to check its child abuse andneglect registry that is received from another State/Tribal.State/Tribal Regulatory,Statutory, and PolicyReferences andCitations for EachSec. 5 J (1)(d)Sec. 5 J (1)(e)Sec. 5 J (1)(e)(i)Sec. 5 J (1)(e)(ii)Sec. 5 J (1)(e)(iii)

TITLE IV-E STATE/TRIBAL PLAN – STATE OF VERMONT Section 4Page 9FederalRegulatory/StatutoryReferences471(a)(23)(A)&(B)471(a)(22)471(a)(24)RequirementK. INTERJURISDICTIONAL ADOPTIONSThe State/Tribal will not:1. deny or delay the placement of a child for adoption when an approved family isavailable outside of the jurisdiction with responsibility for handling the case of thechild; or2. fail to grant an opportunity for a fair hearing, as described in section 471(a)(12), toan individual whose allegation of a violation of part (1) of this subsection is deniedby the State/Tribal or not acted upon by the State/Tribal with reasonable promptness.L. QUALITY STANDARDS1. The State/Tribal has developed and implemented standards to ensure that children infoster care placements in public or private agencies are provided quality services thatprotect the safety and health of the children.2. The State/Tribal will ensure that prospective foster parents are adequately trainedwith the appropriate knowledge and skills to provide for the needs of the child andthat such preparation will be continued after the placement.State/Tribal Regulatory,Statutory, and PolicyReferences andCitations for EachSec. 5 KSec. 5 K (a)Sec. 5 K (b)Sec. 5 LSec. 5 L (1)Sec. 5 L (2)

TITLE IV-E STATE/TRIBAL PLAN – STATE OF VERMONT Section 4Page 10FederalRegulatory/StatutoryReferences471(a)(30)471(a)(27)RequirementM. COMPULSORY SCHOOL ATTENDANCEThe State/Tribal agency has a system for assuring that each child who has attained theminimum age for compulsory school attendance under State/Tribal law and with respectto whom there is eligibility for a payment under the plan is a full-time elementary orsecondary school student or has completed secondary school, and for purposes of thisparagraph, the term `elementary or secondary school student' means, with respect to achild, that the child is--1. enrolled (or in the process of enrolling) in an institution which provides elementary orsecondary education, as determined under the law of the State or other jurisdiction inwhich the institution is located;2. instructed in elementary or secondary education at home in accordance with a homeschool law of the State or other jurisdiction in which the home is located;3. in an independent study elementary or secondary education program in accordancewith the law of the State or other jurisdiction in which the program is located, which isadministered by the local school or school district; or4. incapable of attending school on a full-time basis due to the medical condition of thechild, which incapability is supported by regularly updated information in the case planof the child.N. VERIFICATION OF CITIZENSHIP OR IMMIGRATION STATUS1. The State/Tribal will have in effect procedures for verifying the citizenship orimmigration status of any child in foster care under the responsibility of theState/Tribal under title IV-E or part B, and without regard to whether foster caremaintenance payments are made under section 472 on behalf of the child.State/Tribal Regulatory,Statutory, and PolicyReferences andCitations for EachSec. 5 MSec.5 N

TITLE IV-E STATE/TRIBAL PLAN – STATE OF VERMONT Section 4Page 11FederalRegulatory/StatutoryReferences472(a)(4)Requirement2. For the purposes of meeting the requirements of the section 401(a) of the personalResponsibility and Work Opportunity Reconciliation Act of 1996(PRWORA),children must meet the definition of “qualified alien” (as defined in section 431(a) ofPRWORA) to be eligible for Federal foster care maintenance or adoption assistance(except that children receiving adoption assistance pursuant to agreements signedbefore August 22, 1996 may continue to receive such assistance).State/Tribal Regulatory,Statutory, and PolicyReferences andCitations for Each

TITLE IV-E STATE/TRIBAL PLAN – STATE OF VERMONT Section 5Page 1FederalRegulatory/StatutoryReferences471(a)(5)RequirementSECTION 5. GENERAL PROVISIONSA. PERSONNEL ADMINISTRATION1. The State/Tribal agency and the local agencies administering the Title IV-E program have established and will maintain methods of personneladministration in conformity with standards for a Merit System ofPersonnel Administration, prescribed in Title 5 CFR 900 by the U.S.Office of Personnel Management pursuant to section 208 of theIntergovernmental Personnel Act of 1970, as amended.2. The State/Tribal agency is implementing an affirmative action plan toassure equal employment opportunity in all aspects of personneladministration as specified in Title 5 CFR 900. The plan provides forspecific action steps and timetables to assure such equal opportunity, andis available for review upon request.State/Tribal Regulatory,Statutory, and PolicyReferences andCitations for EachSec. 6 ASec. 6 A (1)Sec. 6 A (2)471(a)(8)B. SAFEGUARDING INFORMATION1. Subject to section 471(c), the State/Tribal agency has safeguardsrestricting use of or disclosure of information concerning individualsassisted under the State/Tribal plan to purposes directly connected with:Sec. 6 BSec. 6 B (1)471(a)(8)(A) a. the administration of the Title IV-E plan or any of the State/Tribalplans or programs under Parts A, B or D of Title IV or under Titles I,V, X, XIV, XVI (as in effect in Puerto Rico, Guam, and the VirginIslands), XIX or XX, or the supplemental security income programunder Title XVI; andSec. 6 B (1)(a)

TITLE IV-E STATE/TRIBAL PLAN – STATE OF VERMONT Section 5Page 2FederalRegulatory/StatutoryRequirementReferences471(a)(8)(B) b. any investigation, prosecution, or criminal or civil proceedingconducted in connection with the administration of any such plan orprogram; and471(a)(8)(C) c. the administration of any other Federal or federally assisted programwhich provides assistance (in-cash or in-kind) or services directly toindividuals on the basis of need; and471(a)(8)(D) d. any audit or similar activity conducted in connection with theadministration of any such plan or program by any governmentalagency authorized by law to conduct such audit or activity.State/Tribal Regulatory,Statutory, and PolicyReferences andCitations for EachSec. 6 B (1)(b)Sec. 6 B (1)(c)Sec. 6 B (1)(d)471(a)(8)(E)471(a)(20)(B)(iii)2. The safeguards provided will prohibit:a. the disclosure of information pursuant to 471(a)(9) to appropriateauthorities with respect to known or suspected child abuse or neglect; andb. any committee or legislative body (other than an agency referred to insection 471(a)(8)(D) with respect to an activity referred to in such clause) ofany information which identifies by name or address any applicant for orrecipient of assistance under Title IV-E of the Act.3. The State/Tribal shall have in place safeguards to prevent the unauthorizeddisclosure of information in any child abuse and neglect registrymaintained by the State/Tribal, and to prevent any such informationobtained pursuant to section 471(a)(20)(B) from being used for a purposeother than the conducting of background checks in foster and adoptiveplacement cases.Sec. 6 B (2)Sec. 6 B (3)

TITLE IV-E STATE/TRIBAL PLAN – STATE OF VERMONT Section 5Page 3FederalRegulatory/StatutoryReferences471(c)471(a)(6)471(a)(7)Requirement4. In the use of child welfare records in court proceedings, section 471(a)(8)of the Act shall not be construed to limit the flexibility of a State or Tribein determining policies relating to public access to court proceedings todetermine child abuse and neglect or other court hearings held pursuant toTitle IV-B or Title IV-E of the Act, except that such policies shall, at aminimum, ensure the safety and well-being of the child, parents, andfamily.C. REPORTINGThe State/Tribal agency makes reports in such form and containing suchinformation on the Title IV-E program as are required by the Secretary of theDepartment of Health and Human Services (HHS), and the State/Tribal agencywill comply with such provisions as the Secretary may from time to time findnecessary to assure the correctness and verification of such reports.D. MONITORINGThe State/Tribal agency monitors and conducts evaluations of activities carriedout in the State/Tribal's Title IV-E program.State/Tribal Regulatory,Statutory, and PolicyReferences andCitations for EachSec. 6 B (4)Sec. 6 CSec. 6 D1355.30 E. APPLICABILITY OF DEPARTMENT-WIDE REGULATIONSSec. 6 EThe State/Tribal agency will comply with all of the requirements ofapplicable regulations.

TITLE IV-E STATE/TRIBAL PLAN – STATE OF VERMONT Section 5Page 4FederalRegulatory/StatutoryReferences1356.21(c)1355.33(b)1355.33(e)1355.35(a)471(a)(32)RequirementF. AVAILABILITY OF STATE/TRIBAL PLANSPlans and amendments for Titles IV-E and IV-B are made available by theState/Tribal agency for public review and inspection.G. OPPORTUNITY FOR PUBLIC INSPECTION OF CFSR MATERIALSThe State/Tribal agency makes available for public review and inspection allstatewide assessments, report of findings, and program improvement plansdeveloped as a result of a full or partial child and family services review.H. NEGOTIATION WITH INDIAN TRIBES.The State negotiates in good faith with any Indian tribe, tribal organization ortribal consortium in the State that requests to develop an agreement with theState to administer all or part of the program on behalf of Indian children whoare under the authority of the tribe, organization, or consortium, includingfoster care maintenance payments on behalf of children who are placed inState or tribally licensed foster family homes, adoption assistance payments,and, if the State has elected to provide such payments, kinship guardianshipassistance payments under section 473(d), and tribal access to resources foradministration, training, and data collection under title IV-E.State/Tribal Regulatory,Statutory, and PolicyReferences andCitations for EachSec. 6 FSec. 6 GThere are no Federallyrecognized tribes in VT.

TITLE IV-E STATE/TRIBAL PLAN – STATE OF VERMONT Section 5Page 5

TITLE IV-E STATE/TRIBAL PLAN – STATE OF VERMONT Section 6Page 1SECTION 6. GUARDIANSHIP ASSISTANCEPROGRAM OPTION473(d)(3)(A)473(d)(3)(B)A. ELIGIBILITY1. A child is eligible for a kinship guardianship assistance payment if theState/Tribal agency determines that:a. the child has been--i. removed from his or her home pursuant to a voluntary placementagreement or as a result of a judicial determination to the effect thatcontinuation in the home would be contrary to the welfare of the child; andii. eligible for foster care maintenance payments under section 472 whileresiding for at least 6 consecutive months in the home of the prospectiverelative guardian;b. being returned home or adopted are not appropriate permanency options forthe child;c. the child demonstrates a strong attachment to the prospective relativeguardian and the relative guardian has a strong commitment to caringpermanently for the child; andd. with respect to a child who has attained 14 years of age, the child has beenconsulted regarding the kinship guardianship arrangement.2. Siblings.a. The child and any sibling of the eligible child may be placed in the samekinship guardianship arrangement, in accordance with section 471(a)(31), ifthe State/Tribal agency and the relative agree on the appropriateness of theNot Applicable in VTNot Applicable in VT

TITLE IV-E STATE/TRIBAL PLAN – STATE OF VERMONT Section 6Page 2arrangement for the siblings; andb. Kinship guardianship assistance payments may be paid on behalf of eachsibling so placed.471(a)(28)473(d)(2)473(d)(1)(A)473(d)(1)(B) &473(d)(1)(C)B. PAYMENTS1. The State/Tribal agency provides kinship guardianship assistance paymentson behalf of children to grandparents and other relatives who assume legalguardianship of the child for whom they have cared as foster parents and forwhom they have committed to care on a permanent basis, as provided in473(d).2. A kinship guardianship assistance payment on behalf of a child shall notexceed the foster care maintenance payment which would have been paid onbehalf of the child if the child had remained in a foster family home.C. AGREEMENTS1. The State/Tribe must:a. negotiate and enter into a written, binding kinship guardianship assistanceagreement with the prospective relative guardian of a child who meets therequirements of 473(d); andb. provide the prospective relative guardian with a copy of the agreement.2. The agreement must specify, at a minimum-a. the amount of, and manner in which, each kinship guardianship assistancepayment will be provided under the agreement, and the manner in which thepayment may be adjusted periodically, in consultation with the relativeguardian, based on the circumstances of the relative guardian and the needs ofthe child;Not Applicable in VTNot Applicable in VTNot Applicable in VTNot Applicable in VT

TITLE IV-E STATE/TRIBAL PLAN – STATE OF VERMONT Section 6Page 3b. the additional services and assistance that the child and relative guardianwill be eligible for under the agreement;c. the procedure by which the relative guardian may apply for additionalservices as needed;d. that the State/Tribal agency will pay the total cost of nonrecurring expensesassociated with obtaining legal guardianship of the child, to the extent the totalcost does not exceed $2,000; ande. that the agreement shall remain in effect without regard to the Stateresidency of the relative guardian.471(a)(20)(C)473(b)(1) to (4);479B(c)(1)(C)(ii)(II)471(a)D. SAFETYState/Tribal agency provides procedures for criminal records checks, includingfingerprint-based checks of national crime information databases (as defined insection 534(e)(3)(A) of title 28, United States Code), on any relative guardian,and for checks described in 471(a)(20) on any relative guardian and any otheradult living in the home of any relative guardian, before the relative guardianmay receive kinship guardianship assistance payments on behalf of the childunder this plan option.E. MEDICAID AND SOCIAL SERVICESFor the purposes of titles XIX and XX, any eligible child for whom there is akinship guardianship assistance payment being made under section 473(d) isdeemed to be a dependent child as defined in 406 of the Act and is deemed tobe a recipient of AFDC under part A of title IV of the Act (as in effect 7/16/96)in the State in which such child resides.F. TITLE IV-E GUARDIANSHIP ASSISTANCE PROGRAM PLANREQUIREMENTS1. Title IV-E plan requirements 471(a)(2) through (9), (12), (13), (20)(C), (25),Not Applicable in VTNo Applicable in VTNot Applicable in VT

TITLE IV-E STATE/TRIBAL PLAN – STATE OF VERMONT Section 6Page 4(26), and (28) through (32) are applicable to the guardian assistance program.475(1)(F)2. Case plan requirements.For a child with respect to whom the permanency plan is placement with arelative and receipt of kinship guardian assistance payments, the State/Tribalagency shall include in the case plan a description of:a. the steps that the agency has taken to determine that it is not appropriate forthe child to be returned home or adopted;b. the reasons for any separation of siblings during placement;c. the reasons why a permanent placement with a fit and willing relative througha kinship guardianship assistance arrangement is in the child's best interests;d. the ways in which the child meets the eligibility requirements for a kinshipguardianship assistance payment;Not Applicable in VTorts the State/Tribal agency has made to discuss adoption by the child's relativeent as a more permanent alternative to legal guardianship and, in the case of aster parent who has chosen not to pursue adoption, documentation of the reasons;f. the efforts made by the State/Tribal agency to discuss with the child's parent orparents the kinship guardianship assistance arrangement, or the reasons why theefforts were not made.

TITLE IV-E STATE/TRIBAL PLAN – STATE OF VERMONT Section 7Page 1SECTION 7. TRIBE OPERATED IV-E PROGRAM REQUIREMENTS471(a)479B(b)A. GENERAL PROGRAM REQUIREMENTSThis section is not applicable inVTTitle IV-E plan requirements 471(a)(1) through (27), and (29) through (31) aremandatory requirements applicable to Tribes operating a title IV-E program.479B(c)(1)(B)479B(c)(1)(C)(ii)B. SERVICE AREA AND POPULATIONSFor purposes of complying with section 471(a)(3), this plan is in effect in allservice areas and for all populations served by the Tribe and identified inAttachment V.C. NUNC PRO TUNC AND FOSTER CARE ELIGIBILITYREQUIREMENTSFor purposes of determining whether a child whose placement and care are theresponsibility of an Indian tribe, tribal organization, or tribal consortium satisfiesthe requirements of section 472(a), the following shall apply:1. Notwithstanding 472(a)(1), Tribes may use affidavits or nunc pro tunc ordersas verification documents in support of the reasonable efforts and contrary to thewelfare of the child judicial determinations required under that paragraph for thefirst 12 months for which this plan is in effect.2. The State plan approved under section 402 (as in effect on July 16, 1996) ofthe State in which the child resides at the time of removal from the home shallapply to the determination of whether the child satisfies section 472(a)(3).479B(c)(2) D. LICENSING STANDARDS FOR TRIBAL FOSTER FAMILY HOMES

TITLE IV-E STATE/TRIBAL PLAN – STATE OF VERMONT Section 7Page 2AND CHILD CARE INSTITUTIONSFor purposes of complying with section 471(a)(10), an Indian tribe, tribalorganization, or tribal consortium shall establish and maintain a tribal authorityor authorities which shall be responsible for establishing and maintaining triballicensing standards for tribal foster family homes and tribal child careinstitutions.479B(c)(1)(D)E. IN-KIND EXPENDITURES FROM THIRD-PARTY SOURCES.For purposes of complying with section 479B(c), an Indian Tribe, tribalorganization or tribal consortium shall provide a list of the in-kind expendituresand the third-party sources of such expenditures that the Tribe may claim as partof the non-Federal share of administrative or training expenditures attributable tofiscal year quarters beginning after September 30, 2009 and before October 1,2014 consistent with 479B(c)(1)(D).

ATTACHMENT ITitle IV-E Plan – State of VermontC E R T I F I C A T I O NI hereby certify that I am authorized to submit the title IV-E Plan on behalf ofThe Agency of Human Services, Department for Children and Families, Family Services Division(Designated State/Tribal Agency)Date__________________________________________________________________(Signature)_________________________________(Title)APPROVALDATE___________________________________EFFECTIVEDATE:______________________________________________________________________________(Signature, Associate Commissioner, Children'sBureau)

ATTACHMENT IITitle IV-E Plan – State of VermontGOVERNOR/TRIBAL LEADER'S CERTIFICATIONTITLE IV-E of the SOCIAL SECURITY ACTI certify that The Agency of Human Services, Department for Children and Families, Family ServicesDivision(Name of Agency/Tribe)a. has the authority to submit the plan under title IV-E of the Social Security Act andb. is the single title IV-E agency responsible for administering the plan or supervising theadministration of the plan by local political subdivisions/Tribal service area. It has the authority tomake rules and regulations governing the administration of the plan that are binding on suchsubdivisions/service areas. The title IV-E plan is mandatory upon the subdivisions/service areas andis in effect throughout the State/Tribal service areas.___________________________________Date______________________________________(Signature)

Title IV-E Plan – State of Vermont ATTACHMENT IIISTATE ASSURANCESI hereby assure that the State agency administering the title IV-E programs will spend an amount equal tothe amount of savings (if any) in State expenditures under title IV-E resulting from the application ofsection 473(a)(2)(A)(ii) to all applicable children for a fiscal year to provide to children or families anyservice (including post adoption services) that may be provided under this part or part B.On behalf of The Agency of Human Services, Department for Children and Families, Family ServicesDivision(Designated State Agency)Date_________________________________________________________________________(Signature)_______________________________________(Title)APPROVALDATE___________________________________EFFECTIVEDATE:______________________________________________________________________________(Signature, Associate Commissioner, Children's

Bureau)