[Federal Register: April 15, 2003 (Volume 68, Number 72)]
[Notices]
[Page 18232-18247]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Administration for Children and Families
[Program Announcement No. OCS 03-01]
Family Violence Prevention and Services Program
AGENCY: Office of Community Services (OCS), Administration for Children
and Family (ACF), Department of Health and Human Services (HHS).
ACTION: Notice of the availability of funds to State domestic violence
coalitions for grants to carry out family violence intervention and
prevention activities.
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SUMMARY: This instruction governs the proposed award of fiscal year
(FY) 2003 formula grants under the Family Violence Prevention and
Services Act (FVPSA) to private non-profit State domestic violence
coalitions. The purpose of these grants is to assist in the conduct of
activities to promote domestic violence intervention and prevention and
to increase public awareness of domestic violence issues.
This instruction sets forth the application requirements, the
application process, and other administrative and fiscal requirements
for grants in FY 2003.
Closing Dates and Applications
The closing time and date for receipt of applications is 4:30 p.m.
(Eastern Time Zone) on May 15, 2003.
Deadline: Mailed applications shall be considered as meeting an
announced deadline if they are received on or before the deadline time
and date at the Office of Community Services, Administration for
Children and Families (ACF), Attention: Catherine L. Beck, 5th Floor-
West Wing, 370 L'Enfant Promenade, SW., Washington, DC 20447.
ADDRESSES: Applications should be sent to the Department of Health and
Human Services, Office of Community Services, Administration for
Children and Families, Attention: Catherine L. Beck, Fifth Floor--West
Wing, 370 L'Enfant Promenade, SW., Washington, DC 20447.
FOR FURTHER INFORMATION: William D. Riley (202) 401-5529, Catherine L.
Beck (202) 401-9352, Sunni Knight (202) 401-5319, or James Gray (202)
401-5705, Joseph Longergan, Director, Division of Mandatory Grants.
SUPPLEMENTARY INFORMATION:
Confidentiality
Family Violence Prevention and Services Act programs must establish
or implement policies and protocols that maintain the safety and
confidentiality of adult victims of domestic violence and their
dependents. It is essential that the confidentiality of individuals
receiving FVPSA services be protected. Thus, when providing statistical
data on program services and activities, individual identifiers of
client records will not be used (section 303G).
I. Introduction
This notice announcing the availability of grants to State Domestic
Violence Coalitions carries out several requirements in the FVPSA.
[sbull] The Department must use 10 percent of funds under the FVPSA
for grants to State Domestic Violence Coalitions; and
[sbull] An application for a State coalition grant must meet the
specific requirements in the statute covering eligibility and program
activities.
In addition, grantees must meet other requirements, such as annual
program and financial reporting and fiscal expenditure period
requirements.
This notice provides information on all application requirements.
II. Background
As context for this FY 2003 notice, we wish to emphasize the
importance of the work of the State Domestic Violence Coalitions and
their activities and efforts leading to improved (more comprehensive
and integrated) service delivery systems for victims of domestic
violence and their dependents. Reducing domestic violence through
coordinated prevention and services strategies is the primary goal of
national efforts under the statute.
A. The Importance of Coordination of Services
The impact of domestic violence includes physical and psychological
trauma, isolation from family and friends, harm to children witnessing
or experiencing violence in homes in which the violence occurs,
increased fear, reduced mobility and employability, homelessness,
substance abuse, and a host of other health and related mental health
consequences.
When programs that seek to address these issues operate
independently of each other, a fragmented, and consequently less
effective, prevention and service delivery system is the result.
Coordination and collaboration among the police, prosecutors, the
courts, victim services providers, child welfare and family
preservation services, and medical and mental health service providers
is needed to provide more responsive and effective services to victims
of domestic violence and their families. Faith and community based
organizations should be included in the coordination and collaborative
efforts. It is essential that all interested parties be involved in the
design and improvement of intervention and prevention activities.
The significant correlation between domestic violence, child abuse
and the use of welfare by battered women as an ``economic escape
route'' also suggests the need to coordinate domestic violence
intervention activities with programs that address child abuse, and the
Temporary Assistance for Needy Families (TANF), the Federal welfare
program, at the State and local levels.
B. Strengthening Prevention and Intervention Programs
Domestic violence prevention and services programs need to be
inclusive in their efforts to address the needs of majority, as well as
underserved, populations. Ethnic and rural communities face unique
barriers in seeking services. Culture, language, and isolation can
limit these populations from seeking assistance or communicating their
needs. People with disabilities require special considerations
regarding safety planning, transportation, and/or decreasing the risk
of future violence.
Crisis intervention is essential in responding to domestic
violence. Assessing the victim's safety, assessing the level of risk,
and attending to the psychological and physical effects of trauma
requires a coordinated effort among counselors, law enforcement, and
medical personnel. Once these immediate needs are addressed, there is a
need to continue comprehensive efforts throughout intervention,
treatment, and future preventive services, for survivors, families, and
perpetrators. These collective efforts could include: transitional
housing assistance; child care; job skills training; mental health and
substance abuse services to survivors and perpetrators; long-term
support for survivors; coordination with adult and child protective
services; and safe enforcement of child support for TANF and non-TANF
families.
Domestic violence prevention programs may also extend to
adolescents. The increasing incidence of date rape and violent
adolescent relationships indicate the need to provide educational
programs and
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intervention prior to adulthood. Adolescents may have witnessed
domestic violence as a child, experienced abuse directly, or themselves
been perpetrators of abusive behavior. Studies on the prevention of
domestic abuse and violence in interpersonal relationships suggest that
youth education may represent an effective community action to reduce
the incidence of violence in adolescent relationships.
Perpetrators of domestic violence often have multiple problems that
contribute to their battering behavior, such as alcohol or drug abuse,
insecurity or extreme jealousy, lack of self discipline or criminal
behavior, or severe reactions to stress. Consequently, services for
perpetrators may be more effective through coordinated efforts with
substance abuse, mental health, and criminal justice programs.
Witnessing violence as a child is an important risk factor for
being a victim or perpetrator of violence later in life. Developing
innovative strategies for identifying and treating child witnesses is
an under-explored potential avenue for preventing violence. Providing
home visitation services, integrating children into shelter services
with survivors, and providing long-term education and outreach can
reduce the potential for these children to domestic violence as adults.
III. State Coalition Grant Requirements
This section provides information and requirements for family
violence prevention and services grants for State domestic violence
coalitions and is organized as follows:
A. Legislative Authority
B. Background
C. Eligibility
D. Funds Available
E. Expenditure Period
F. Application Requirements
G. Reporting Requirements
H. Paperwork Reduction Act
I. Executive Order 12372
J. Certifications
A. Legislative Authority
Title III of the Child Abuse Amendments of 1984 (Pub. L. 98-457, 42
U. S. C. 10401, et seq.) is entitled the Family Violence Prevention and
Services Act (the Act). The Act was first implemented in FY 1986, was
reauthorized and amended in 1992 by Pub. L. 102-295, and was amended
and reauthorized for fiscal years 1996 through 2000 by Pub. L. 103-322,
the Violence Crime Control and Law Enforcement Act of 1994, and by Pub.
L. 104-235, the Child Abuse Prevention and Treatment Act Amendment of
1996. The Act was most recently amended by the Victims of Trafficking
and Violence Protection Act (Pub. L. 106-386, October 28, 2000).
B. Background
Section 311 of the Act, 42 U.S.C. 10410, requires the Secretary to
award grants to statewide private non-profit State domestic violence
coalitions to conduct activities to promote domestic violence
intervention and prevention.
C. Eligibility
To be eligible for grants under this program announcement, an
organization shall be a statewide private non-profit domestic violence
coalition meeting the following criteria:
(1) The membership of the coalition includes representatives from a
majority of the programs for victims of domestic violence operating
within the State (a State domestic violence coalition may include
representatives of Indian Tribes and Tribal organizations as defined in
the Indian Self-Determination and Education Assistance Act, 25 U.S.C.
450b);
(2) The Board membership of the coalition is representative of such
programs;
(3) The purpose of the coalition is to provide services, community
education, and technical assistance to domestic violence programs in
order to establish and maintain shelter and related services (as
defined in the FVPSA) for victims of domestic violence and their
children; and,
(4) In the application submitted by the coalition for the grant,
the coalition provides assurances satisfactory to the Secretary that
the coalition:
(A) has actively sought and encouraged the participation of law
enforcement agencies and other legal or judicial entities in the
preparation of the application; and
(B) will actively seek and encourage the participation of such
entities in the activities carried out with the grant.
D. Funds Available
The Department will make 10 percent of the Family Violence
Prevention and Services Act appropriation available for grants to State
domestic violence coalitions. One grant each will be available for the
State domestic violence coalitions of the 50 states, the Commonwealth
of Puerto Rico, and the District of Columbia. The coalitions of the U.
S. Territories (Guam, U. S. Virgin Islands, Northern Mariana Islands,
American Samoa, and Trust Territory of the Pacific Islands) are also
eligible for domestic violence coalition grant awards.
E. Expenditure Period
The FVPSA funds may be used for expenditures obligated on and after
October 1 of each fiscal year for which they are granted, and will be
available for expenditure through September 30 of the following fiscal
year and may be used for obligations incurred from October 1, 2002.
Recipients must liquidate all obligations incurred under the award by
September 30, 2004.
F. Application Requirements
The State domestic violence coalition application must be signed by
the Executive Director of the Coalition or the official designated as
responsible for the administration of the grant. The application must
contain the following information (consistent with the requirements of
the Family Violence Prevention and Services Act):
1. A description of the process and anticipated outcomes of
utilizing these Federal funds to work with local domestic violence
programs and providers of direct services to encourage appropriate
responses to domestic violence within the State, including:
(a) Training and technical assistance for local programs and
professionals working with victims of domestic violence;
(b) Planning and conducting State needs assessments and planning
for comprehensive services;
(c) Serving as an information clearinghouse and resource center for
the State; and
(d) Collaborating with other governmental systems that affect
battered women (section 311(a) (1), 42 U.S.C. 10410(a)(1)).
2. A description of the public education campaign regarding
domestic violence to be conducted by the coalition through the use of
public service announcements and informative materials that are
designed for print media, billboards, public transit advertising,
electronic broadcast media, and other forms of information
dissemination that inform the public about domestic violence, including
information aimed at underserved racial, ethnic or language-minority
populations (section 311(a)(4), 42 U.S.C. 10410(a)(4)).
3. The anticipated outcomes and a description of planned grant
activities to be conducted in conjunction with judicial and law
enforcement agencies concerning appropriate responses to domestic
violence cases and an examination of issues including:
(a) Inappropriateness of mutual protection orders;
(b) Prohibition of mediation when domestic violence is involved;
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(c) Use of mandatory arrests of accused offenders;
(d) Discouragement of dual arrests;
(e) Adoption of aggressive and vertical prosecution policies and
procedures;
(f) Use of mandatory requirements for pre-sentence investigations;
(g) Length of time taken to prosecute cases or reach plea
agreements;
(h) Use of plea agreements;
(i) Uonsistency of sentencing, including comparisons of domestic
violence crimes with other violent crimes;
(j) Restitution to victims;
(k) Use of training and technical assistance to law enforcement and
other criminal justice professionals;
(l) Reporting practices of, and the significance to be accorded to,
prior convictions (both felony and misdemeanor) and protection orders;
(m) Use of interstate extradition in cases of domestic violence
crimes;
(n) The use of statewide and regional planning; and,
(o) Any other matters the State Domestic Violence Coalition
believes merits investigation (section 311(a)(2), 42 U.S.C.
10401(a)(2)).
4. The anticipated outcomes and a description of planned grant
activities to be conducted in conjunction with family law judges,
criminal court judges, child protective services agencies, child
welfare agencies, family preservation and support service agencies, and
children's advocates to develop appropriate responses to child custody
and visitation issues in domestic violence cases and in cases where
domestic violence and child abuse are both present, including:
(a) Inappropriate use of mutual protection orders;
(b) Prohibition of mediation when domestic violence is involved;
(c) Inappropriate use of marital or conjoint counseling in domestic
violence cases;
(d) Use of training and technical assistance for Family Law Judges,
Criminal Court Judges, and court personnel;
(e) The presumption of custody to domestic violence victims;
(f) Use of comprehensive protection orders to grant fullest
protection possible to victims of domestic violence, including
temporary custody support and maintenance;
(g) Development with Child Protective Services of supportive
responses that enable victims to protect their children;
(h) Implementation of supervised visitations or denial of
visitation to protect against danger to victims or their children; and
(i) The possibility of permitting domestic violence victims to
remove children from the State when the safety of the children or the
victim is at risk (section 311(a)(3), 42 U.S.C. 10410(a)(3)).
5. The anticipated outcomes and a description of other activities,
including any participation in the National Council Against Domestic
Violence; participation in the Violence Against Women Network (VAWANET)
and its Web site; and/or collaboration with other national or regional
organizations whose purpose is to further domestic violence
intervention and prevention.
6. The following documentation will certify the status of the
domestic violence coalition and must be included in the grant
application:
(a) a description of the procedures developed between the State
domestic violence agency and the Statewide coalition that allow for
implementation of the following cooperative activities:
(i) the applicant coalition's participation in the planning and
monitoring of the distribution of grants and grant funds provided in
the State, under section 303(a) of the Act (section 311(a)(5), 42
U.S.C. 10410(a)(5)).
(ii) the participation of the State domestic violence coalition in
compliance activities regarding the State's family violence prevention
and services program grantees as required by section 303 (3) of the
Act. The description should specifically address the coalition's role
in planning, monitoring and compliance activities with respect to
maintaining client confidentially in accordance with relevant
requirements including any requirements under the Health Insurance
Probability and Accountability Act of 1996 and section 303 (g) of the
Act. (section 303 (g)) requires recipients of FVPSA formula grants to
establish or implement policies and protocols for maintaining the
safety and confidentiality of the adult victims and their children of
domestic violence, sexual assault, and stalking.
(b) A copy of a currently valid 501(c)(3) certification letter from
the Internal Revenue Service (IRS) stating private non-profit status;
or a copy of the applicant's listing in the IRS' most recent list of
tax-exempt organizations described in section 501(c)(3) of the IRS
code;
(c) A copy of the articles of incorporation bearing the seal of the
State which the corporation or association is domiciled;
(d) A current list of the organizations operating programs for
victims of domestic violence programs in the State and the applicant
coalition's current membership list by organization;
(e) A list of the applicant coalition's current Board of Directors,
with each individual's organizational affiliation, and the Chairperson
identified;
(f) A copy of the resume of any coalition or contractual staff to
be supported by funds from this grant and/or a statement of
requirements for staff or consultants to be hired under this grant;
and,
(g) A budget narrative that clearly describes the planned
expenditure of funds under this grant.
7. Required Documentation and Assurances are to be included in the
application as an appendix:
(a) The applicant coalition must provide documentation in the form
of support letters, memoranda of agreement, or jointly signed
statements, that the coalition:
(i) Has actively sought and encouraged the participation of law
enforcement agencies and other legal or judicial organizations in the
preparation of the grant application (section 311(b)(4)(A), 42 U.S.C.
10410(b)(4)(A)); and, (ii) Will actively seek and encourage the
participation of such organizations in grant funded activities (section
311(b)(4)(B), 42 U.S.C. 10410 (b)(4)(B)).
(b) The applicant coalition must provide a signed statement that
the coalition will not use grant funds, directly or indirectly, to
influence the issuance, amendment, or revocation of any executive order
or similar legal document by any Federal, State or local agency, or to
undertake to influence the passage or defeat of any legislation by the
Congress, or any State or local legislative body, or State proposals by
initiative petition, except that representatives of the State Domestic
Violence Coalition may testify or make other appropriate
communications:
(i) When formally requested to do so by a legislative body, a
committee, or a member of such organization (section 311 (d)(1), 42
U.S.C. 10410(d)(1)); or,
(ii) In connection with legislation or appropriations directly
affecting the activities of the State domestic violence coalition or
any member of the coalition (section 311(d)(2), 42 U.S.C. 10410
(d)(2)).
(c) The applicant coalition must provide a signed statement that
the State domestic violence coalition will prohibit discrimination on
the basis of age, handicap, sex, race, color, and national origin or
religion, in accordance with section 307 of the Act, 42 U.S.C. 10406.
G. Reporting Requirements
1. The State domestic violence coalition grantee must submit an
annual
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report of activities describing the coordination, training and
technical assistance, needs assessment, and comprehensive planning
activities carried out; the public information and education services
provided; the activities conducted in conjunction with judicial and law
enforcement agencies; the actions conducted in conjunction with other
agencies such as the State child welfare agency; and any other
activities undertaken under this grant award. The annual report also
must provide an assessment of the effectiveness of the grant-supported
activities.
The annual report is due 90 days after the end of the fiscal year
in which the grant is awarded (December 29). The final program report
is due 90 days after the end of the expenditure period (December 29).
Program Reports are to be sent to: Office of Community Services,
Administration for Children and Families, Attn: William D. Riley, 370
L'Enfant Promenade, SW., 5th Floor West, Washington, DC 20447.
2. The State domestic violence coalition grantees must also submit
an annual financial report, Standard Form 269 (SF-269). A financial
report is due 90 days after the end of the fiscal year in which the
grant is awarded. A final financial report is due 90 days after the end
of the expenditure period. Financial reports are to be sent to:
Administration for Children and Families, Division of Mandatory Grants,
Attention: Joseph Lonergan, 370 L'Enfant Promenade, SW., 4th Floor
East, Washington, DC 20447.
H. Paperwork Reduction Act
Under the Paperwork Reduction Act of 1995 (PRA), Public Law 104-13,
all Departments are required to submit to the Office of Management and
Budget (OMB) for review and approval any reporting of record-keeping
requirement inherent in a proposed or final rule, or program
announcement. This program announcement contains information collection
requirements in sections (F) and (G) of Part III, which require that
certain information must be provided in annual reports, fiscal reports,
and as part of a grantee's application.
Public reporting burden for this collection of information is
estimated to average six hours per response, including the time for
reviewing instructions, gathering and maintaining the data needed, and
reviewing the collection information.
In accordance with the PRA, the application requirements contained
in this notice have been approved by OMB under control number 0970-
0062. This project description expires 12/31/2003.
An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid OMB control number.
I. Executive Order 12372
This program is covered under Executive Order 12372,
``Intergovernmental Review of Federal Programs'' for State plan
consolidation and simplification only--45 CFR 100.12. The review and
comment provisions of the Executive Order and part 100 do not apply.
J. Certifications
Applicants must comply with the required certifications found at
Attachments A, B, C, and D as follows:
1. The Anti-Lobbying Certification and Disclosure Form must be
signed and submitted with the application. If applicable, a Standard
Form LLL, which discloses lobbying payments, must be signed and
submitted.
2. Certification Regarding Debarment: The signature on the
application by a coalition official responsible for the administration
of the program attests to the applicant's intent to comply with the
Debarment Certification. The Debarment Certification does not have to
be returned with the application.
3. Certification Regarding Environmental Tobacco Smoke: The
signature on the application by a coalition official certifies that the
applicant will comply with the requirements regarding environmental
tobacco smoke and services to children under 18 of the Pro-Children Act
of 1994. The applicant further agrees that it will require the language
of this certification be included in any standards which contain
provisions for children's Services and that all grantees shall certify
accordingly.
4. Certification Regarding Drug-Free Workplace Requirements: The
signature on the application by a coalition official attests to the
applicant's intent to comply with the Drug-Free Workplace requirements.
(Catalog of Federal Domestic Assistance Number 93.591, Family
Violence Prevention and Services: Grants to State Domestic Violence
Coalitions)
Dated: April 8, 2003.
Clarence H. Carter,
Director, Office of Community Services, ACF/DHHS.
List of Attachments
Attachment A--Certification Regarding Lobbying
Attachment B--Certification Regarding Debarment
Attachment C--Certification Regarding Environmental Tobacco Smoke
Attachment D--Certification Regarding Drug-Free Workplace
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[FR Doc. 03-9212 Filed 4-14-03; 8:45 am]
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