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ACF Administration for Children and Families	U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES Administration for Children, Youth and Families
	1. Log No.: ACF-PI-92-07	2. Issuance Date: June 9, 1992
	3. Originating Office: OFM, DFEBG, Family Support Branch
	4. Key Word: Title IV-B, Child Welfare Services grants to Eligible ITO's - Fiscal Year 1992

PROGRAM INSTRUCTION

TO:   INDIAN TRIBES, STATE ADMINISTRATORS OF STATE PUBLIC WELFARE AGENCIES AND OTHER INTERESTED INDIVIDUALS

SUBJECT:   Allotment of Direct Grants to Eligible Indian Tribes and Indian Tribal Organizations: Section 428 of the Social Security Act.

LEGAL AND RELATED REFERENCES:   Sections 422(a), (b)(2)-(8), 425, 427 and 428 of the Social Security Act; 45 CFR 1355.30, 1357.10(c), 1357.15(b), (c) and (d), 1357.25(d), 1357.40; and ACYF-PI-83-3 (June 6, 1983) and ACYF-IM-83-4 (June 6, 1983).

CONTENT:   For fiscal year 1992, the appropriation for the Child Welfare Services State Grant Program (title IV-B of the Social Security Act--the Act) is $273,911,000. In order to be eligible for a direct grant at the amount of their share of $141,000,000, an Indian Tribe or Indian Tribal Organization (ITO) must meet the requirements of 45 CFR 1357.40 (a)-(e) and (g). In order to be eligible for any funds above that level, up to their share of $273,911,000, an ITO must:

1. be located in a State meeting the requirements of section 427 (a) or (b) of the Act;
2. certify that it is meeting the requirements of section 428 of the Act and of 45 CFR 1357.40(a)-(g), including (f); and
3. be meeting the requirements of (2) above.

Direct title IV-B grants to ITOs are paid from the title IV-B allotment of the State or States in which the ITO is located. If an ITO is located in more than one State, funds are paid from the allotment of each State in which the ITO is located. Title IV-B allotments for ITOs are calculated by computing the amount per child under 21 in the State under the title IV-B allotment for the State multiplied by the ITO population in the State and multiplied (or weighted) by a factor of 1.4. This factor (also used for the Territories) compensates for the low tribal income.

In order to receive the funds potentially available to it, the ITO must provide at least 25 percent of the total funds expended by the ITO for Child Welfare Services. The Federal share is 75 percent of the total expenditures, up to the amount listed in the attached table. The ITO's total expenditures may be greater than the amount needed to draw down the Federal funds, but the Federal reimbursement is limited to the amount in the allotment.

The ITO population under 21 is based on the official 1980 population figures supplied by the Census Bureau. Where such population figures have not been available, documented population figures provided by the Bureau of Indian Affairs (BIA) have been used. If neither Census Bureau nor BIA figures are available or the population figures being used are outdated, ACYF will accept properly documented surveys of Indian populations directly from the ITOs.

In filling out the fiscal year 1992 Annual Budget Request (Form CWS-101), the ITO should enter both its name and the name of the State(s) in which it is located in the upper left hand corner. The ITO should enter the total ITO and Federal funds it will expend during the Federal fiscal year in item IA (regardless of the amount of reimbursement available) and the Federal share of the total in item IB up to the maximum amount listed in the attached table for which the ITO is eligible. ITOs also must have jointly planned the use of the funds with the Regional Office staff of the Administration for Children and Families (ACF) and must have submitted an Annual Summary of Child Welfare Services to ACF.

Within 30 days after each quarter has ended, the ITO must file a Quarterly Expenditure Report (Standard Form 269).

ACTION REQUIRED:   Eligible ITOs should submit an Annual Budget Request (Form CWS-101) and an Annual Summary of Child Welfare Services to the following address:

Division of Formula, Entitlement and Block Grants
Office of Financial Management
Administration for Children and Families
370 L'Enfant Promenade, S.W.
Washington, D.C. 20447

A copy of the Annual Budget Request and the Annual Summary of Child Welfare Services and the original of the State Plan or update should also be sent to the appropriate Regional office, ACF.

INQUIRIES TO:   Regional Administrators Administration for Children and Families

         /s/
Wade F. Horn, Ph.D.
Commissioner

Attachment - Potentially Eligible ITOs and the FY 1992 Title IV-B Allotments