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Proposed Rule: Foster Care Legal Representation

U.S. Department of Health and Human Services

Agency

Consultation Platform

Administration for Children and Families

Comment Deadline:

November 27, 2023

Description

ACF proposes to allow a title IVE agency to claim Federal financial participation (FFP) for the administrative cost of an attorney providing: legal representation in foster care proceedings of a title IVE agency or any other public agency or tribe that has an agreement in effect under which the other agency has placement and care responsibility of a title IVE eligible child; independent legal representation of a child who is either a candidate for title IVE foster care, or in title IVE foster care (hereafter, referred to as a child who is eligible for title IVE foster care), the childs parent(s), and the childs relative caregiver(s) in foster care and other civil legal proceedings when such legal representation is found necessary by the Secretary to carry out the requirements in the title IVE agencys title IVE foster care plan; and legal representation of an Indian childs tribe, when the childs tribe intervenes in any state court proceeding for the foster care placement or termination of parental rights of an Indian child who is in title IVE foster care or an Indian child who is a candidate for title IVE foster care when such legal representation is found necessary by the Secretary to carry out the requirements in the title IVE agencys title IVE foster care plan.

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