| ACF Administration for Children and Families |
U.S. DEPARTMENT OF HEALTH AND
HUMAN SERVICES Administration for Children, Youth and Families |
|
| 1. Log No: ACYF-PI-93-13 | 2. Issuance Date: June 24, 1993 | |
| 3. Originating Office: Children's Bureau | ||
| 4. Key Words: Planning Requirements - Direct Grants to Eligible Indian Tribes | ||
PROGRAM INSTRUCTION
TO: Indian Tribes/Indian Tribal Organizations and State Agencies Administering or Supervising the Administration of Titles IV-B and IV-E
SUBJECT: Planning Requirements for Receipt of Direct Title IV-B Child Welfare Services Grants by Indian Tribal Organizations. [This Program Instruction SUPERSEDES ACYF-IM-83-4]
LEGAL AND RELATED REFERENCES: Sections 422, 425, 427 and 428 of the Social Security Act; 45 CFR 1355 and 1357; ACYF-IM-83-4, ACYF-IM-85-36 and ACYF-IM-90-28
BACKGROUND: The Department of Health and Human Services (HHS) believes that the direct funding of Indian Tribal Organizations (ITOs) strengthens Tribal child welfare services programs, as intended in the goals and requirements of the Social Security Act (the Act) as amended. Section 428 of the Act specifically authorizes the direct provision of child welfare funds to ITOs.
In fiscal year (FY) 1992, the Administration on Children, Youth and Families (ACYF) estimated that 87 ITOs could have applied for direct title IV-B child welfare services payments. In that year, however, only 31 ITOs applied and they received, collectively, approximately $500,000. The Department believes that two of the major obstacles to ITO participation historically have been the complex planning process and the relatively small dollar amounts available to ITOs.
The Department has developed a strategy to overcome these obstacles and encourage greater participation of ITOs in direct title IV-B funding. This Program Instruction addresses the new simplified planning process.
ELIGIBILITY CRITERIA FOR APPLICANTS: The HHS regulations at 45 CFR 1357.40 require eligible Indian Tribal Organizations that wish to apply for direct title IV-B payments to:
- provide, under a contract (or grant) with the Secretary of the Interior under section 102 of the Indian Self-Determination Act (25 U.S.C. 450f), child welfare services (including child welfare assistance, social services, and general assistance) which would, otherwise, be provided directly by the Secretary of the Interior; and
- have a plan for child welfare services that is jointly developed by the ITO and HHS. This Program Instruction describes how eligible entities may develop such a plan.
Any Indian Tribal Organization which is interested in applying for direct title IV-B funding, but is uncertain of whether it is eligible to apply, is encouraged to contact the appropriate Department of Health And Human Services (HHS) Regional Office (see attached list) for assistance.
Any ITO title IV-B child welfare services plans approved prior to the effective date of this Program Instruction shall remain in effect until they expire.
JOINT PLANNING REQUIREMENT: As noted above, Indian Tribal Organizations that wish to apply for direct title IV-B payments are required to participate in joint planning with the HHS Regional Office. The ITOs should contact the Regional Office to schedule the joint planning activity. Joint planning consists of:
- reviewing and analyzing the child welfare service needs of children and their families,
- selecting the unmet needs that the plan will address, and
- developing goals and objectives to increase the ITO's capacity to provide the child welfare services which the ITO and HHS agree must be provided in order to meet the identified child welfare needs of children and families.
TITLE IV-B PLAN REQUIREMENTS: In order to simplify the planning process, HHS is encouraging ITOs to consider using any of their title IV-B plan documents which may already have been prepared for other purposes but which also address the title IV-B plan requirements and assurances which are included in Attachments B and C. For example, many ITOs have submitted Indian Child Welfare Grant applications to the Bureau Of Indian Affairs (BIA). An ITO may choose to attach a copy of that BIA application with a cover letter which briefly notes which of the title IV-B requirements are already addressed in the BIA application (or other appropriate document). Other possibilities include: grant applications to foundations or to HHS or other Federal agencies; and existing tribal documents, such as an annual Tribal child welfare plan. For purposes of simplifying the joint planning process for ITOs, existing documents which were prepared for a different but related purpose will be acceptable if they:
- cover all or some of the IV-B plan requirements;
- are current (within the past 24 months); and
- are approved or endorsed by the current ITO official leadership.
If all of the title IV-B requirements are not addressed in the document(s), the missing information must be provided by the ITO in the cover letter or in completed, signed and dated copies of Attachments B and C.
The title IV-B child welfare services plan may be written in a form determined by the ITO, but must include the requirements and assurances contained in Attachments B and C. The ITOs may choose to photocopy the forms in Attachments B, C, D and E and type or print the answers in the blank spaces provided.
TITLE IV-B PLAN SUBMITTAL: The jointly developed title IV-B child welfare services plan must be submitted to the appropriate HHS Regional Office. The ITO is required to notify the title IV-B agency of the State(s) in which the Tribe is located of the submission of the plan. The HHS Regional Office will notify the ITO when the plan meets all the requirements. The HHS Regional Office will return a copy of the approved title IV-B plan to the authorized ITO representative, and forward a copy to the Children's Bureau in Washington, D.C.
ELIGIBILITY FOR ADDITIONAL PAYMENTS: ITOs that receive direct title IV-B child welfare services payments may also request additional Federal section 427 payments if they comply with certain required foster care protection s.
Interested ITOs should consult with their appropriate HHS Regional Office on both the amount of additional payments available and the specific foster care protections required.
| INQUIRIES TO: | Joseph A. Mottola Acting Commissioner |
ATTACHMENTS
Attachment A- Addresses and Telephone Numbers
of HHS Regional Offices
Attachment B- Indian Tribal Organization
Title IV-B Child Welfare Services Plan
Attachment
C- Ongoing Assurances
Attachment D- Annual Budget Request for Title
IV-B Funds (Note:This attachment is not
available)
Attachment E- Annual Summary of Child Welfare
Services (Note:This attachment is not
available)
