Adoption and Legal Guardianship Incentive Payments Program

The objective of the Adoption and Legal Guardianship Incentive Payments Program is to provide incentives to states and eligible tribes to increase annually the number of children in foster care who find permanent homes through adoption or legal guard

States (including the District of Columbia, Puerto Rico, the U.S. Virgin Islands, Guam and American Samoa) and tribes that have an approved title IV-E plan and that submit data to the Adoption and Foster Care Analysis and Reporting System (AFCARS) are eligible to receive payments. The Children's Bureau (CB) shall determine an agency's eligibility for funding based on foster care, adoption and guardianship data reported to AFCARS. of the fiscal year subsequent to the fiscal year in which the adoptions or guardianships were finalized.

Beneficiaries are those children and families eligible under title IV-B and title IV-E of the Social Security Act, as amended.

An approved title IV-E plan is required to be eligible for funding. Except for § 75.202, the guidance in subpart C of this part does not apply to the Foster Care and Adoption Assistance Program (Title IV-E of the Act, 42 U.S.C. 670-679c)

State and tribal agencies receiving incentive payments must spend the funds for services (including post-adoption services) and activities allowable under titles IV-B and IV-E of the Social Security Act (the Act). Payments must be used to supplement and not supplant Federal or non-Federal funds for services under titles IV-B or IV-E of the Act (see section 473A(f) of the Act).

Payments to a title IV-E agency in a fiscal year will remain available for use by the title IV-E agency for 36 months from the beginning of the month awarded.

Except for §75.202, the guidance in subpart C of this part does not apply to the Foster Care and Adoption Assistance Program (title IV-E of the Act, 42.U.S.C. 670-679c). Applications are not required. States (including the District of Columbia, Puerto Rico, the U.S. Virgin Islands, Guam and American Samoa) and tribes that have an approved title IV-E plan and that submit data to the AFCARS are eligible to receive payments.

Incentive payments will be issued annually, in the fiscal year subsequent to the earning year. Payment will be based on AFCARS data submitted no later than May 15 of the fiscal year following the earning year. AFCARS data must be accepted and approved by the Children's Bureau. The Children's Bureau (CB) shall determine the number of foster child adoptions, foster child guardianships, pre-adolescent (age 9 - 13) adoptions and guardianships, and older child (age 14 and over) adoptions and guardianships eligible to earn incentive payments. Adoption and Legal Guardianship Incentive awards are generally made in August or September each year. Post award, the Division of Payment Management will establish an account from which a recipient may draw down award funds.

AFCARS data submissions must be received no later than May 15 of each year to be considered for incentive payments.

Each "earning year" will be considered on its own merit.

There is not appeals process for unsuccessful recipients. For existing recipients, appeals may take place in accordance with 45 CFR Part 16, subject to the limitations of the Appendix A.