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Home > Laws & Policies > Policy/Program Issuances > Program Instructions > PI-82-07

U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES
Administration for Children, Youth and Families

ACF
Administration for Children and Families
1. Log No.: PI-82-07 2. Issuance Date: June 28, 1982
3. Originating Office: Children's Bureau
4. Key Word: FY '82 IV-B Funds, Allotments and Reallotments Transfer from IV-E/A-FC to IV-B

PROGRAM INSTRUCTION

TO:   STATE AGENCIES ADMINISTERING OR SUPERVISING THE ADMINISTRATION OF TITLES IV-A, IV-E AND IV-B OF THE SOCIAL SECURITY ACT.

SUBJECT:   FY 1982 ALLOTMENTS FOR TITLE IV-B, AND PROCEDURES FOR APPLYING FOR: (1) A STATE'S SHARE OF FUNDS AVAILABLE UNDER TITLE IV-B IN FY 1982; (2) REALLOTTED IV-B FUNDS; AND (3) FUNDS TO BE TRANSFERRED FROM TITLE IV-A OR IV-E FOSTER CARE.

LEGAL AND RELATED REFERENCES:   SECTIONS 421, 422, 423, 427, 474(c) AND 475 OF THE SOCIAL SECURITY ACT AND SECTION 101(a)(2) OF P.L. 96-272 AND 45 CFR 1392.73 AND .74.

INSTRUCTION:   This transmittal establishes the procedures for States to follow in order to apply for:

  1. Title IV-B funds available to a State from its share of FY 1982 funds;

  2. Title IV-B FY 1982 funds that will become available for reallotment to other States; and

  3. Transfer of funds not needed for foster care under title IV-A or IV-E to title IV-B.

DETAILED INSTRUCTIONS

  1. Funds available to a State from its share of FY 1982 funds.

    For FY 1982, Congress has made available a total of $156.326 million (M) under title IV-B (Child Welfare Services). ACYF-IM-82-02, issued February 4, 1982, listed tentative allotments for each State for FY 1982. As a result of the Fourth Continuing Resolution for FY 1982, those amounts are effective through the end of the fiscal year (September 30, 1982). As was stated in ACYF-IM-82-02, a State need meet only the general requirements of the program and submit a properly completed Form CWS-101 in order to receive its share of $141M. In order to receive its share of the additional title IV-B funds allotted directly to it, a State must, in addition:

    1. Be meeting the requirements of section 427 of the Social Security Act ("the Act") by the end of FY 1982;

    2. Certify to ACYF by no later than August 15, 1982 that they are meeting (a), above. States that have certified previously (in FY 1981 or 1982) that they are eligible need not re-certify (unless they have been found ineligible since certifying). A copy of the form to be used for certification was sent to States in ACYF-PI-82-04, issued April 16, 1982.

    3. Submit to ACYF by August 15, 1982 a CWS-101 requesting funds up to the State's share of $156.326M or whatever portion of its share over $141M a State can obligate during FY 1982; and

    4. Jointly plan with ACYF Regional staff the use of those funds applied for. Enclosure 1 lists each State's share of $141M and $156.326M.


  2. Title IV-B FY 1982 funds that will become available for reallotment to other States.

    Some States may not use all title IV-B funds allotted to them for FY 1982, because they do not meet the requirements of section 427 of the Act or cannot obligate funds during FY 1982. (Note: Under 45 CFR 74.71, obligations for salaries must be used for services received during the fiscal year in which we award them, unless State purchasing laws permit otherwise or the services are provided under a contract entered into during the fiscal year.)

    In order to apply for reallotted FY 1982 title IV-B funds, a State must meet all the same conditions listed under 1(a), (b), (c), and (d), above.

    Failure of a State to apply for funds of any amount for which they are eligible for any reason by August 15, 1982 will be considered equivalent to certification that the funds will not be required by the State during FY 1982, in accordance with section 424 of the Act. These funds will then be available for reallotment to other States.

  3. Transfer of funds not needed for foster care under title IV-A or IV-E to title IV-B.

    Under section 474(c) of the Act (and, for title IV-A-FC, section 101(a)(2)(B) of P.L. 96-272), a State may transfer funds not needed for foster care under title IV-A or title IV-E Foster Care to title IV-B for child welfare services. In FY 1982, there are no mandatory allotment limitations on States for foster care under IV-A or IV-E. However, for purposes of possible transfer, hypothetical allotments have been calculated on the same basis as if they were mandatory. (Enclosure 2.) The Act mandates that a State's allotment limitation be the higher amount under paragraph (A) or (B) of section 474(b)(3). (Paragraph (C) does not apply to transfers. Since there is no mandatory allotment limitation, (C) is irrelevant in FY82.) Therefore, Enclosure 2 shows the amount of the hypothetical allotment limitation and indicates only the paragraph ((A) or (B)) which resulted in the greater amount.

    In order to apply for the transfer, a State must:

    1. Submit by August 15, 1982 a Form IV-E-1 (Quarterly Estimate of Expenditures) for the fourth quarter, with all sections applicable to foster care completed;

    2. Have submitted by August 15, 1982 Form IV-E-2's (Quarterly Statements of Expenditures) for the Quarters Ended December 31, 1981, March 31, 1982, and June 30, 1982;

    3. Meet the requirements of 1(a), (b), and (d) above regarding section 427 and joint planning; and

    4. Submit by August 15, 1982, a CWS-101 requesting the funds to be transferred.


    Transfer funds are further limited in two ways:

    1. Under section 474(c)(2) of the Act, the total of funds each State may transfer to IV-B may not, when added to the funds received under IV-B directly or by reallotment ((1) and (2) above) exceed the amount the State would have been allotted under IV-B if $220 million had been appropriated and allotted to States (Enclosure 3). An example is provided in Enclosure 4.

    2. Funds are limited to the amount made available to the Department by the Congress under the appropriation (continuing resolutions for FY82).


Summary of instructions

Only one certification need have been filed or be filed by August 15, 1982 for all three types of funds. One CWS-101 may be filed for the directly allotted and reallotted funds ((1) and (2), above). A separate CWS-101 must be filed for transfer funds ((3) above). In all cases, the amounts requested should be cumulative.

EFFECTIVE DATE:   Effective upon issuance.

INQUIRIES:   Regional Program Director for Children, Youth, and Families

         /s/
Clarence E. Hodges
Commissioner

Enclosures:

Enclosure 1 - Final Apportionment of Title IV-B Funds, FY82
Enclosure 2 - Hypothetical FY82 Foster Care Allotments
Enclosure 3 - Title IV-B Hypothetical Allotments at $220M
Enclosure 4 - Transfer of Funds from IV-A/E-FC to IV-B Example for FY82