NACo submits comments on proposed rules regarding new foster care requirements and strengthening TANF

Key Takeaways

On November 27 and December 1, the National Association of Counties (NACo) submitted comments on two Notices of Proposed Rulemaking (NPRMs) from the U.S. Department of Health and Human Services Administration for Children and Families (ACF) that would impact county administration of federal child welfare and anti-poverty programs. 

County Recommendations on Ensuring Safe Placements for LGBTQI+ Foster Youth

• County governments are fully or partially responsible for overseeing the child welfare system in 11 states and are committed to providing the most safe and appropriate placements for all children in our care.

• In response to an NPRM outlining new requirements for child welfare agencies related to placements for LGBTQI+ foster youth, NACo’s comments urged ACF to:

  • Ensure placements are safe and appropriate for all marginalized and at-risk populations, such as children of color, children with disabilities, and well as infants and toddlers

  • Address the broader youth placement crisis and ongoing human services workforce shortages in order to effectively implement the NPRM 

  • Issue clearer guidance to mitigate potential impacts on out-of-state, non-relative, and/or congregate placements

  • Clarify potential conflicts with state law on gender-affirming care for minors 

County Recommendations on Strengthening the Temporary Assistance for Needy Families (TANF) as a Safety Net and Work Program

• County governments are responsible for administering the TANF Program in 9 states.

• In response to an NPRM on strengthening and removing administrative burdens of the TANF Program, NACo’s comments urged ACF to:

  • Consider greater flexibility in setting the income eligibility threshold to recognize the diverse economic realities faced by families in different counties 

  • Clarify and provide additional guidance on the application of the proposed “reasonable person” standard and allow counties to take corrective action before imposing financial penalties

  • Issue clearer guidance on the allowability of costs associated with disseminating program information

  • Address structural problems regarding TANF work requirements and work with Congress on a substantive bipartisan reauthorization to enhance the program's effectiveness

Additional Resources

NACo Comment Letter: TANF NPRM

NACo Comment Letter: Safe and Appropriate Foster Care Placement

NACo Policy Brief: TANF Program

Strengthening TANF NPRM

Safe and Appropriate Foster Care Placement Requirements NPRM