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TO: State, Tribal, and Territorial Agencies Administering or Supervising Administration of Title IV-E of the Social Security Act (the Act)
SUBJECT: Withdrawal of Child Welfare Policy Manual (CWPM) Questions and Answers and Information Memorandum (IM) 98-04
LEGAL AND RELATED REFERENCES: The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA), 8 U.S.C. § 1611 et seq.; Title IV-B of the Social Security Act (Act), 42 U.S.C. §§ 620-629; Title IV-E of the Act, 42 U.S.C. §§ 670-679c; PRWORA; Interpretation of “Federal Public Benefit”, 90 FR 31232 (July 14, 2025); Revised Specification Pursuant to the PRWORA, 90 FR 32023 (July 16, 2025); A.G. Order No. 6335-2025.
PURPOSE: To inform title IV-E and IV-B agencies of the current HHS and DOJ interpretation of “federal public benefit” under PRWORA and the resulting withdrawal of CWPM 8.4B Q/A #13 (title IV-E), CWPM Section 2.1, Q/A #3 (CAPTA), CWPM Section 7.1, Q/A #3 (title IV-B), and IM 98-04.
BACKGROUND: With certain exceptions, the PRWORA makes aliens who are not “qualified aliens” ineligible for any “Federal public benefit,” as those terms are defined by PRWORA. The Department of Health and Human Services (HHS) and the Department of Justice (DOJ) issued guidance after PRWORA was passed, and in 1998, ACF echoed this guidance in ACYF-CB-IM-98-04 (IM-98-04).
On July 14, 2025, HHS issued a Federal Register Notice (FRN) reinterpreting the definition of Federal public benefits applicable to PRWORA that was issued in 1998 (63 FR 41658 (Aug. 4, 1998)) and revising the list of programs and services classified as “Federal public benefits” (90 FR 31232). Specifically, the FRN identifies the title IV-E prevention program, title IV-E guardianship assistance, and Education and Training Vouchers as federal public benefits in addition to the programs already identified as federal public benefits in the 1998 HHS FRN.
On July 16, 2025, the DOJ published an order in the Federal Register withdrawing a 2001 Final Order (A.G. Order No. 2353-2001, 66 Fed. Reg. 3616 (Jan. 16, 2001)), and specifying that the Attorney General (A.G.) will not except any benefits pursuant to sections 401 and 411 of PRWORA (A.G. Order No. 6335-2025, 90 FR 32023 (July 16, 2025)). That order is effective August 15, 2025.
IM-98-04: Because of the changes made in the 2025 HHS FRN, IM-98-04 is outdated and is withdrawn. IM-98-04 referred states to the 1998 FRN in reference to PRWORA’s verification requirements. We note that while we are withdrawing IM-98-04, consistent with the 2025 FRN, “the Department is not formally revising the aspects of the 1998 Notice that touch on PRWORA's verification requirements at this time.” Further, as stated in the 2025 HHS FRN “Even if PRWORA and related regulatory activity do not mandate an entity to conduct verification of the immigration status of a person applying for benefits, nothing in the statute prohibits such an entity from conducting verification…Pending further regulation and/or guidance on the situations in which verification is required, all entities that are part of HHS's administration of public benefits should pay heed to the clear expressions of national policy described above.”
CWPM Q/As: CWPM 8.4B Q/A #13 relies upon the 2001 Final Order of the A.G. which states that “services and assistance relating to child protection” fall under the “life or safety” exception to PRWORA (Order No. 2353-2001, 66 Fed. Reg. 3616 (Jan. 16, 2001)). Accordingly, effective August 15, 2025, we are withdrawing CWPM Section 8.4B, Q/A #13 because the 2025 A.G. Final Order removes the exception relied on by the Q/A. CWPM Section 2.1, Q/A #3 (CAPTA) and CWPM Section 7.1, Q/A #3 (title IV-B), issued on December 20, 2024, cite to and relied on IM-98-04 and A.G. Order No. 2353-2001. Specifically, IM-98-04 stated that “Noncitizens, regardless of their alien status, should not be banned from receiving services funded through these programs based solely on their alien status.” Because those policies are no longer in effect, we are withdrawing these CWPM Q/As effective August 15, 2025.
It has been HHS’s longstanding interpretation that services provided under title IV-B (other than foster care) and the Child Abuse Prevention and Treatment Act (CAPTA) programs are not “Federal public benefits” subject to the citizen and qualified alien restrictions of PRWORA. Currently, that interpretation has not changed and title IV-B services (other than foster care) and CAPTA programs are not being considered Federal public benefits subject to PRWORA restrictions at this time. However, as stated in the HHS FR notice (90 FR 31232), the list of programs that are federal public benefits is not exhaustive. Specifically, “Any programs not listed in this notice or established after the date of this notice may still fall under the definition of Federal public benefit. Any additional programs determined to be Federal public benefits will be announced in program specific guidance.”
INQUIRIES: Contact the appropriate Regional email contact listed below.
Region 1: CBRegion1@acf.hhs.gov
Region 2: CBRegion2@acf.hhs.gov
Region 3: CBRegion3@acf.hhs.gov
Region 4: CBRegion4@acf.hhs.gov
Region 5: CBRegion5@acf.hhs.gov
Region 6: CBRegion6@acf.hhs.gov
Region 7: CBRegion7@acf.hhs.gov
Region 8: CBRegion8@acf.hhs.gov
Region 9: CBRegion9@acf.hhs.gov
Region 10: CBRegion10@acf.hhs.gov
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