Final Rule - Title IV-E Foster Care Eligibility Reviews [Binder] [4]
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OCR Page 1 of 78Comment: One commenter asked if the State must present the
concurrent plan to the court and if the court must make a
reasonable efforts determination with respect to the concurrent
plan.
Response: The answer to both questions is no. The State is
not required to present the plan for the purposes of obtaining a
reasonable efforts determination by the court. The concurrent
planning option is addressed in the reasonable efforts section
because, among other things, that section of the regulation
addresses permanency planning activities, of which concurrent
planning is one.
Comment: One commenter suggested we broaden the concurrent
planning language in the regulation to include all types of
permanency plans. As presented in the NPRM, we only address
concurrent planning with respect to reunification and adoption.
The commenter thinks the regulation should clarify that
concurrent planning may be used regardless of what the alternate
permanency plan is.
Response: We agree and have amended the language in
paragraph (b) (4) accordingly.
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