The 2016 Federal Title IV-E
Onsite Review took place last September in Lansing. The state of Michigan was found to be in substantial compliance by the federal
government, citing a total of three case errors from the 80 cases randomly
selected for review statewide.[1]
The federal government reviews state
Title IV-E Programs approximately once every three years to determine whether the case files, court orders, licensing
requirements, and payment records meet federal Title IV-E requirements as
outlined in 45 CFR
§1356.71 and §472 of the Social Security Act.
The
review examines the child’s eligibility and the placement’s reimbursability, and
determines if the Michigan Department of Health & Human Services (MDHHS)
paid an allowable rate for each case. Michigan has passed the last four
consecutive federal reviews with three error cases in 2016, zero error cases in
2013, four error cases in 2010, and four error cases in 2007.
The three error cases in the 2016
Federal Review were cited for improper payment, meaning the state paid IV-E
dollars on cases that did not meet the eligibility criteria during a given time
period. Two of the improper payment
periods were because of adoption finalizations. A primary eligibility requirement for IV-E
funding is that the state agency must have placement and care authority. When the court order for adoption finalization
is issued and signed, the effective date becomes the date the agency no longer
has placement and care authority for the child (the adoptive parents have full
custody). In both error cases cited, the
agency improperly continued to pay for day care costs with IV-E funds after the
adoption finalization date.
In the third improper payment
error case, a reunification order was issued by the court instructing the child
be returned home the same day. However,
there was an eight-day time frame between the court order returning the child
home and the child being physically placed in the parent’s home. Title IV-E payments were improperly made to
the foster home during that time frame because the MDHHS no longer had
placement and care authority as of the date the child was ordered to return
home. The federal reviewers noted how
important it is for children to be returned to their homes as soon as safely possible
and as soon as the conditions allow. Courts
and local MDHHS offices are encouraged to implement same-day exchange of court
orders for reunification cases to expedite permanency, just as the courts have
implemented same-day exchange of removal orders. Both time frames are critical in child
protection cases because they significantly impact parental rights.
In the final report issued by the Federal Department of
Health & Human Services December 9, 2016, quality judicial determinations
were cited as a program strength for the state:
“The MDHHS and the court have collaborated to strengthen the
efficiency of actions through training and support of judges, attorneys, and
other court staff, particularly in terms of the required judicial
determinations. The judicial
determinations were timely and included rulings that facilitated timely
permanency plans. Judicial
determinations also were child-specific and those pertaining to the child’s
removal clearly outlined the circumstances under which the child was removed
from the home…”
None
of the errors cited during the 2016 Federal Onsite Review were directly related
to court order errors. All of the court
orders reviewed included the necessary legal findings, and federal reviewers
repeatedly commented on how thorough and case-specific judicial officers were
in making their findings during case reads. Local collaboration between the courts
and child welfare funding specialists has greatly improved and positively
impacted the outcome of the 2016 Federal Onsite Review. SCAO-CWS would like to thank all of the Title
IV-E court contacts for their assistance during audit preparations to ensure
the case files were properly prepared. The next Federal Onsite Review will be in 2019.
SCAO-CWS offers several resources
to courts to promote Title IV-E funding education and training. Please visit the child
welfare website for a training video on IV-E funding rules and regulations.
You
may also request a refresher training for your court and local agencies. SCAO-CWS and a representative from the MDHHS
Federal Compliance Division will co-present and promote collaborative
discussion to maximize federal funding. To
make a request, please contact me directly at AnbenderC@courts.mi.gov or 517-373-5234.
For
further information about the 2016 Federal Title IV-E Review, please refer to
the press
release dated January 12, 2017.
Casey Anbender has been a management analyst at the State
Court Administrative Office-Child Welfare Services Division since 2010.
She provides assistance to juvenile courts on Title IV-E funding rules,
Indian Child Welfare law, and best practices for permanency planning in child
protective proceedings. Casey graduated from the University of Michigan with a
bachelor’s degree and attained her Juris Doctor, with special concentration in
Family Law, from Michigan State University College of Law.
[1] Four errors cases total are
allowable before a state is deemed to have failed a federal review. If a state is found to be in noncompliance, a
program improvement plan is implemented and the federal government returns to
the state to complete a secondary review of 150 cases after a year and a half
(instead of 80 cases every three years).