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ACF
Administration for Children and Families
U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES
Administration on Children, Youth and Families
1. Log No.: ACYF-CB-PI-08-03 2. Issuance Date: April 18, 2008
3. Originating Office: Children's Bureau
4. Key Words: Annual Progress and Services Report: State Title IV-B Child and Family Services Plan; Child Abuse Prevention and Treatment State Plan; Chafee Foster Care Independence and Education and Training Vouchers Program

PROGRAM INSTRUCTION

To: State Agencies, Territories and Insular Areas administering or supervising the administration of Title IV-B, subparts 1 and/or 2, and Title IV-E of the Social Security Act; State Office or Organization Designated by the Governor to Apply for Child Abuse and Neglect State Grant Funds; State Independent Living Coordinators; State Education and Training Voucher (ETV) Coordinators.

Subject: June 30, 2008 submission of the Annual Progress and Services Report (APSR) required under Title IV-B of the Social Security Act (the Act), the Child Abuse Prevention and Treatment Act (CAPTA), and the Chafee Foster Care Independence Program (CFCIP), including the ETV program; the submission of the CFS-101, Part I, Annual Budget Request, Part II, Annual Summary of Child and Family Services, and Part III, Annual Expenditure Report—Title IV-B, Subparts 1 and 2, CFCIP and ETV.

Legal and Related References: The Safe and Timely Interstate Placement of Foster Children Act of 2006 (Public Law (P.L.) 109-239); The Child and Family Services Improvement Act of 2006 (P.L. 109-288); Title IV-B, subparts 1 and 2, Sections 421-425, 428, 430-438, and Title IV-E, Section 477 of the Social Security Act; Section 106 of the CAPTA, as amended (42 U.S.C. 5101 et seq.); the Indian Child Welfare Act of 1978 (P. L. 95-608); the Indian Self-Determination and Education Assistance Act (P. L. 93-638); 45 CFR Parts 1355 and 1357; ACYF-CB-PI-04-01, issued February 2, 2004 (Fiscal Year 2005 - 2009, Child and Family Services Plan).

Purpose: This Program Instruction (PI) summarizes the actions required under title IV-B, subparts 1 and 2 and Section 477 of title IV-E of the Social Security Act, CAPTA, and Federal regulations at 45 CFR Part 1357 so that States may receive their allotments of Federal funds for Federal fiscal year (FFY) 2009 (subject to the availability of appropriations). This PI also announces the final FFY 2008 allotments, provides guidance regarding the reporting of FFY 2008 activities and accomplishments to date and provides instructions regarding application for FFY 2009 funds for States and Territories for the above programs.

 

June 30, 2008 Annual Progress and Services Report

Section A. Overview
Annual Progress and Services Report

Section B. Instructions for States, Puerto Rico and the District of Columbia APSR Submission

  1. Program Service Description
  2. Collaboration
  3. Program Support
  4. Tribal Consultation
  5. Consultation with Physicians
  6. Disaster Plans
  7. Monthly Caseworker Visits
  8. Child Abuse Prevention and Treatment Act
  9. Chafee Foster Care Independence Program
  10. Education and Training Vouchers
  11. Financial and Statistical Information Reporting

Section C. Instructions for Territories

Section D. Supporting Information
Juvenile Justice Transfers
Inter-Country Adoptions
Child Welfare Demonstration Projects
Foster and Adoptive Parents Recruitment
Adoption Incentive Payments

Section E. Financial Information
Payment Limitations
FY 2008 Revised Budget Request
FY 2009 Budget Request
FY 2006 Annual Expenditures Financial Status Reports, SF 269

Section F. Attachments

 

Section A. Overview

Annual Progress and Services Report

Federal regulations at 45 CFR 1357.15 and 1357.16 provide the requirements for a five-year comprehensive Child and Family Services Plan (CFSP), which lays the groundwork for a system of coordinated, integrated, and culturally relevant family-focused services. The Annual Progress and Services Report (APSR) provides annual updates on the progress made toward accomplishing the goals and objectives in the CFSP. Completion of the APSR satisfies the Federal regulations by providing updates on a State's annual progress for the previous fiscal year and planned activities for the upcoming fiscal year.

In order for States and Territories to receive FFY 2009 funds for title IV-B, CAPTA, CFCIP and ETV programs, the APSR must be submitted to the Children's Bureau (CB) Regional Offices (ROs) by June 30, 2008. A signed CFS-101, Annual Budget Request for title IV-B, Subparts 1 and 2, CAPTA, CFCIP and ETV programs must be mailed or a signed .pdf file emailed to the ROs, as well. (See addresses at Attachment E.) The ROs will be working with States to ensure that the information provided adequately addresses the requirements. Upon approval, the RO will forward the State's request for funding to Central Office. The RO will not forward the CFS-101 to the CB Central Office for funding until all requirements for the APSR are met. The CFS-101, Parts I, II, and III, is located in Attachment B.

It is important that applicants address all requirements outlined in this PI, as missing or incomplete information will result in the withholding of funds for the program(s) affected until such time as the information is complete and approval can be granted by ACF. If there are questions in preparing the APSR, please contact the CB Regional Office State Liaison.

Plans and activities included in the APSR must meet the provisions of 45 CFR 1355.21, 45 CFR 1357, title IV-B, subparts 1 and/or 2, title IV-E, Section 477 of the Act, and CAPTA. These programs provide a critical source of funding for ensuring the safety, permanency, and well-being of children.

In preparing the APSR, each State must conduct an interim review of the progress made in the past year toward accomplishing the goals and objectives in the CFSP based on updated information and current data. When conducting this annual review, the State must include the agencies, organizations, and individuals, e.g., the State's Court Improvement Project, Tribes, providers, and faith-based and community organizations, in the CFSP-related consultation and coordination process, in accordance with 45 CFR 1357.15. ACF also expects States to integrate the findings of reviews including the Child and Family Services Review (CFSR), AFCARS, title IV-E, and other relevant Children's Bureau reviews, as well as planned activities identified in any Program Improvement Plans (PIPs) when addressing services and programs under this APSR. In accordance with 45 CFR 1355.53, States with a Statewide Automated Child Welfare Information System (SACWIS) are generally expected to utilize data obtained from the case management system in developing the APSR, citing the source as such.

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Section B. Instructions for States, Puerto Rico and the District of Columbia

APSR Submission:

States and Territories must submit their APSR to the RO by June 30, 2008, including:

The APSR must address each of the following:

1. Service Description for Each of the Programs Listed Above

2. Collaboration

3. Program Support

4. Tribal Consultation

Provide an update, developed in consultation with Indian Tribes in the State, of the specific measures taken by the State in the past year to improve or maintain compliance with the Indian Child Welfare Act (ICWA) (Section 422(b)(9) of the Act). States should also provide a description of the process used to consult with Tribes. States should assess the level of compliance and the progress made to improve compliance during the past year as well as update the goals and activities that have been undertaken to improve or maintain compliance with ICWA. Include laws, policies, and/or trainings implemented to increase compliance with ICWA. (States without Federally recognized Tribes within their borders should still consult with Tribal representatives per 45 CFR 1357.15(l).)

Listed below are some components in ICWA that the State must address in discussions with Tribes and in the APSR:

  1. Notification of Indian parents and Tribes of State proceedings involving Indian children and their right to intervene.
  2. Placement preferences of Indian children in foster care, pre-adoptive, and adoptive homes.
  3. Active efforts to prevent the breakup of the Indian family when parties seek to place a child in foster care or for adoption.
  4. Tribal right to intervene in State proceedings, or transfer proceedings to the jurisdiction of the Tribe.

5. Consultations with Physicians or Appropriate Medical Professionals

Provide an update regarding ongoing efforts by the State agency to actively involve and consult physicians or other appropriate medical professionals in assessing the health and well-being of foster children and determining appropriate medical treatment (Section 422(b)(15) of the Act).

6. Disaster Plans

Provide an updated State Disaster Plan, highlighting any significant revisions made in the past year. Please ensure that the plan meets the requirements in Section 422(b)(16) of the Act described below:

  1. Identify, locate and continue availability of services for children under State care or supervision who are displaced or adversely affected by a disaster;
  2. Respond to new child welfare cases in areas adversely affected by a disaster, and provide services in those cases;
  3. Remain in communication with caseworkers and other essential child welfare personnel who are displaced because of a disaster;
  4. Preserve essential program records; and
  5. Coordinate services and share information with other States.

7. Monthly Caseworker Visit Data and State Plan Requirements

States are required to collect and report data on caseworker visits (Section 424(e)(1) and (2) of the Act). The statute requires States to collect the following data on caseworker visits:

  1. the percentage of children in foster care under the responsibility of the State who were visited on a monthly basis by the caseworker handling the case of the child; and
  2. the percentage of the visits that occurred in the residence of the child.

Every State submitted baseline data for FFY 2007. However, because we have determined that we were in error in the instructions previously provided for counting children who have run away from a foster care placement and because we want to ensure that the rest of our instructions were clear, we are taking this opportunity to restate the way in which the percentages must be calculated. We are also providing an opportunity for States to submit revised baseline data. This will ensure that all States are starting from a reliable baseline and are continuing to measure progress in a consistent manner when submitting data for FFYs 2008 - 2011.

The following data are required to compute the percentages:

  1. The aggregate number of children served in foster care for at least one full calendar month during the FFY,
  2. The number of children visited each and every full calendar month that they were in foster care during the FFY,
  3. The total number of visit months1 for children who were visited each and every calendar month that they were in foster care during the FFY, and
  4. The total number of visit months in which at least one child visit occurred in the child's residence.2

Based on these data, States must perform the following calculations:

  1. The percentage of children in foster care who were visited during each and every calendar month is determined by dividing the number of children who were visited each and every full calendar month that they were in care (item #2 above) by the number of children served in foster care for at least one full calendar month during the Federal fiscal year (item #1 above). The quotient is multiplied by 100 and expressed as a percentage, rounded to the nearest whole number.
  2. The percentage of visits that occurred in the residence of the child is determined by dividing the number of visit months that occurred in the residence of the child (item #4 above) by the total number of visit months for children visited each and every full calendar month they were in care during the year (item # 3 above). The quotient is multiplied by 100 and expressed as a percentage, rounded to the nearest whole number.

The caseworker visit data for any Federal fiscal year must comprise the full 12-month period, e.g., for FFY 2008, data must cover the period from October 1, 2007 through September 30, 2008.

In determining which children are in the population, all children who have been in foster care for at least one full calendar month are included. Children with more than one episode during the 12 month period are considered as one child. Children who are placed in an out-of-state foster care placement are included in the population. If a State considers children who have gone home for a trial home visit to be in foster care, then the children are included in the population. Children who have run away must also be included in the population. We previously provided instructions to exclude such children during the months in which they had run away. However, upon further reflection, we determined that the statute does not provide us the authority to exclude these children from the calculation.

If the State falls short of the target percentage established by: The Federal match for title IV-B, subpart 1 will be reduced by:

Less than 10%

1%

10% to 19%

3%

20% or more

5%

In any year in which a State fails to reach its target, ACF will continue to make the full Federal allotment available to the State, but the State will need to increase its match rate in order to access the full Federal allotment.3 The reduction will be applied to the title IV-B, subpart 1 funding allocation for the fiscal year following the year for which the target was not met.

8. CAPTA State Grant

Please note that compliance with the eligibility requirements for a CAPTA State Grant Program is a prerequisite for eligibility for funds under the Children's Justice Act State Grant Program authorized by Section 107(a) of CAPTA. In addition to the information provided under Section B, items 1-3, above, the following must be included for the CAPTA State grant:

It is important that the APSR address all of the CAPTA State Plan items listed above. Missing or incomplete information will result in the withholding of CAPTA funds until such time as approval can be granted by ACF. Additional questions regarding the CAPTA State Plan requirements should be addressed to the CB Regional Office State Liaison.

9. Chafee Foster Care Independence Program

Include the following information for the CFCIP, in addition to the information required under Section B, items 1-3, above:

10. Education and Training Vouchers

Include the following information in addition to the information required under Section B, items 1-3, above for the ETV program:

11. Financial and Statistical Information Reporting

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Section C. Instructions for Territories

The Territories of American Samoa, Northern Mariana Islands, Guam, and the Virgin Islands:

OR

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Section D. Supporting Information

The following information must be reported in the APSR:

1. Juvenile Justice Transfers

2. Inter-Country Adoptions

Child Welfare Demonstration Projects

Foster and Adoptive Parent Recruitment

Adoption Incentive Payments

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Section E. Financial Information

1. Payment Limitations—Title IV-B, subpart 1:

2. FFY 2008 Funding—Revised Budget Request

Unneeded portions of State allocations of title IV-B, CFCIP, and ETV funds may be re-allotted to other States so that the total appropriation remains available for program purposes (Sections 423(e), 433(d) and 477(d)(4) of the Act).

3. FFY 2009 Budget Request—CFS 101 (See Attachment B)

4. FFY 2006 Title IV-B Expenditure Report—CFS-101, Part III

Complete the CFS-101, Part III to include the actual amount of funds expended in each program area of title IV-B funding by source, the number of individuals and families served, and the geographic service area within which the services were provided. The State must track and report annually its actual title IV-B expenditures, including administrative costs for the most recent preceding fiscal year. States must report the actual title IV-B expenditures of FFY 2006 funds.

5. Financial Status Reports—SF 269

Submission requirements for expenditures of title IV-B, CAPTA, and CFCIP funds must be met by all grantees on the Financial Status Report SF-269 and are listed below. The SF-269 covering the first 12-month budget period is the interim report and the report covering the entire grant period is the final report. Each report is due 90 days after the end of the fiscal year (December 31). A negative grant award will recoup unobligated and/or unliquidated funds reported on the final SF-269 for the title IV-B, CAPTA, CFCIP and ETV programs.

Title IV-B, subparts 1 and 2

CAPTA Grants

CFCIP and ETV

States are strongly encouraged to submit an electronic SF-269 for the above listed programs through the ACF Online Data Collection (OLDC) system. Contact your ACF RO for more information on gaining access to and using the OLDC submission process.

Alternatively, States may submit the original SF-269 for each program to your ACF RO and a copy to the following address:

Division of Mandatory Grants
Office of Administration
Administration for Children and Families
370 L’Enfant Promenade, S.W.
Washington, D.C. 20447

Paperwork Reduction Act

Under the Paperwork Reduction Act of 1995 (Public Law 104-13), 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. The OMB control number is #0980-0047, approved through October 31, 2008. Reporting burden for the APSR and the CFS-101 is estimated to average 97 hours per response.

Inquiries To: Children’s Bureau Regional Program Managers (Attachment E)

Joan E. Ohl
Commissioner
Administration on Children,
Youth and Families


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Section F. Attachments

PI 08-03
HTML or PDF (141 KB)

Attachment A: FFY 2008 Allocation Tables:

Attachment B: CFS-101

Attachment C: Children's Bureau Sampling Strategy for Caseworker Visits Data
HTML or PDF (13 KB)

Attachment D: Assurances and Certificates
HTML or PDF (61 KB) or Word (53 KB)

Attachment E: Children's Bureau Regional Program Managers
HTML or PDF (16 KB)

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1 The following simplified example describes how to calculate visit months. If 5 children were visited each and every calendar month they were in foster care during the period and 1 child was in foster care 12 calendar months, 2 children were in foster care 11 calendar months, and 2 children were in foster care 9 calendar months, the total visit months is calculated as: (1 child*12 months) + (2 children*11 months) + (2 children*9 months) = 52 visit months. We emphasize that months and not individual visits are totaled; therefore, if a child has more than one visit in a calendar month, that is considered one visit month. (back)
2 A visit month is included in this total if, for example, a child had three visits in one month and at least one of the three visits occurred in the child's residence. A "child's residence" is defined as the home where the child is residing, whether in-state or out-of-state, and can include the foster home or child care institution. (back)
3 For example, if a State falls shorts of the target percentage by less than 10%, the Federal financial participation (FFP) matching rate will be reduced by 1%. Since the FFP matching rate for title IV-B, subpart 1 is 75% (section 424(a) of the Act), in this example, the FFP rate would be 74%. Likewise, in this example, the State share would increase to 26%, from 25% in order for the State to access the full Federal allotment.(back)