Title IV-E Reimbursement for Legal Representation

On December 21, 2018, the U.S. Department of Health and Human Services’ Children’s Bureau announced a revision to the Child Welfare Policy Manual permitting states to receive federal Title IV-E funding reimbursement for the administrative costs of providing “independent legal representation by an attorney for a child who is a candidate for title IV-E foster care or in foster care and his/her parent.” The policy was later updated to apply to tribal representation, as well as the costs of paralegals, investigators, peer partners, social workers, support staff, and overhead for independent child and parent legal representation.

The Child Welfare Policy Manual also provides funding under Title IV-E permitting states to receive 75% federal funding reimbursement for training costs. These trainings may include child welfare staff and court partners, including attorneys, judges and CASAs. On July 20, 2020, the Children’s Bureau issued a technical bulletin to offer guidance on many frequently asked questions regarding implementation of Title IV-E funding for legal representation.

These resources offer practical guidance on using federal funding for both training and representation itself as mechanisms to improve the quality of legal representation. You as the CIP may consider partnering with child welfare agencies to make use of these funds as part of any quality legal representation project.

Child Welfare Practice Manual, Q/A 8.1B, #30, 31, and 32 Child Welfare Practice Manual, Q/A 8.1H, #8 and 18