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ACF Administration For Children and Families |
U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES Administration on Children, Youth and Families |
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1. Log No.: ACYF-CB-PI-07-07 | 2. Issuance Date: March 16, 2007 | |
3. Originating Office: Children's Bureau | ||
4. Key Words: Annual Progress and Services Report: Tribal Title IV-B Child and Family Services Plan |
PROGRAM INSTRUCTION
To: Tribal Agencies administering or supervising the administration of Title IV-B, Subparts 1 and/or 2 of the Social Security Act (the Act), the Administration for Children and Families (ACF) Children's Bureau Regional Child Welfare Program Managers.
Subject: The June 30, 2007 submission of the Annual Progress and Services Report (APSR) required under Title IV-B of the Act, including the submission of the CFS-101, Part I – Annual Budget Request, Part II – Annual Summary of Child and Family Services, and Part III – Annual Expenditures for Title IV-B.
References: Title IV-B, Subparts 1 and 2, Sections 420-425, 428, 430-438, and Title IV-E, Section 477 of the Act including The Child and Family Services Improvement Act of 2006 (Public Law (P.L.) 109-288); 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 and ACYF-CB-PI-04-05, issued February 2, 2004 (Fiscal Year 2004-2009, Child and Family Services Plan (CFSP).
Purpose: This Program Instruction (PI) summarizes the actions required under Title IV-B, Subparts 1 and 2 of the Act, and Federal regulations at 45 CFR Part 1357 so that Tribes may receive their allotments of Federal funds for Fiscal Year (FY) 2008 (subject to the availability of appropriations). This PI also announces the final FY 2007 allotments, provides guidance regarding the reporting of FY 2007 activities and accomplishments, and provides instructions regarding application for FY 2008 funds for Tribes for the above programs.
It is important that the Tribal grantee responds to 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 approval can be granted by ACF. If the Tribe has additional questions in preparing the APSR, please contact the Tribe's ACF Regional Office Program Specialist.
Section A. Overview
The Child and Family Services Plan (CFSP) is a five-year plan which lays out the strategy for administering the Tribe's child welfare system, in particular for the title IV-B, subparts 1 and 2 programs. Federal regulations at 45 CFR 1357.15 and 1357.16 provide the requirements for a five-year comprehensive CFSP and annual updates on the progress made toward accomplishing the goals and objectives in the CFSP. The Annual Progress and Services Report (APSR) is the annual update report that the Tribe submits which must consist of review of the progress the Tribe has made toward accomplishing the goals and objectives of the CFSP. Completion of the APSR satisfies the requirements in Federal regulations by providing updates on a Tribe's annual progress for the past fiscal year and planned activities for the upcoming fiscal year. The third cycle of CFSPs (FY 2005-2009) was due June 30, 2004. If a Tribe becomes eligible during the 5-year plan cycle, it must submit a plan for approval that may be less than 5 years with the expectation that a new plan will be submitted for the FY 2010-2014 cycle.
The Child and Family Services Improvement Act of 2006 amended title IV-B to allow Tribal consortia to apply for funding for FY 2008. Additional funding is available for all eligible Tribes and Tribal consortia under title IV-B, subpart 2, the Promoting Safe and Stable Families (PSSF) program. The list of Tribal Allocations (Attachment B) reflects the new three percent set-aside for the Tribes called for in the PSSF reauthorization. This resulted in more Tribes made eligible and larger grants for many Tribes.
For FY 2007 (Title IV-B subpart 2 only):ACF Regional Office (RO) representatives contacted many of the newly eligible Tribes and Tribes who have been eligible but never applied for PSSF funds and invited them to apply for FY 2007 title IV-B, subpart 2 program funds. Tribal officials were given the information and technical assistance needed in order to write a Child and Family Services Plan.
Through the joint planning process, the ROs will continue to work with Tribes to ensure that the information provided adequately addresses the CFSP/APSR requirements, and will request additional information if needed for approval. The ACF ROs must have all FY 2007 updated CFSPs /APSRs and the correspondent CFS-101s mailed to Central Office by June 8, 2007.
For FY 2008, in order to receive Title IV-B, Subparts 1 and 2 funds, Tribes must submit the APSR electronically to the ACF Regional Offices (RO) by June 30, 2007. An original, signed CFS-101, Annual Budget Request for Title IV-B, Subparts 1 and 2 must be mailed to the RO (or a .pdf file of the signed CFS-101 must be e-mailed) as well. (See addresses at Attachment E.) The CFS-101, Part II and the CFS-101, Part III, if applicable, must also be submitted. The ROs will be working with Tribes to ensure that the information provided adequately addresses the information required. If the APSR is approvable by the deadline, the RO will forward the Tribe's request for funding to Central Office. The RO will not sign and forward the CFS-101 to the ACF Grants Management Office for funding until all requirements for the APSR are met. The CFS-101, Parts I, II and III are located in Attachment C.
In preparing the APSR, each Tribe must conduct an interim review of the progress made since the last APSR, to date, toward accomplishing the goals and objectives in the CFSP, based on updated information and current data. The Tribe must include the agencies, organizations (e.g., the State's Court Improvement Project, State and county social service programs and Temporary Assistance to Needy Families (TANF) and other human service agencies and individuals in the ongoing CFSP -related consultation and coordination process when conducting this review, and include a description of the collaboration process in the APSR.
Plans and activities included in the APSR must meet the provisions of 45 CFR 1355.35, 45 CFR 1357, and Title IV-B, Subparts 1 and/or 2. These programs provide a critical source of funding for supporting the service array necessary to meet the needs of children and families and to address gaps in services.
The Child and Family Services Improvement Act of 2006–P.L. 109-288
P.L. 109-288 was signed into law on September 28, 2006. The new law makes changes to Title IV-B, subparts 1 and 2, of the Act which affect Tribes. Information Memorandum (IM) ACYF-CB-IM-06-05, issued December 7, 2006 discusses the changes in the Act. This PI highlights major provisions below and details the various requirements that affect Tribes that receive funds under the title IV-B, subpart 1, Child Welfare Services program and/or subpart 2, the PSSF program.
Title IV-B, subpart 1:
The new law changes the title IV-B, subpart 1 program from a permanent authorization to a five-year authorization. It authorizes $325 million for each of the Federal fiscal years (FY) 2007 through 2011. Tribes are eligible for the funds allotted to States based on the Tribal child population in the respective state where the reservation (and other legal configurations of land ownership) resides. Tribes must spend funds according to a newly established program purpose. The new program purpose is to: protect and promote the welfare of all children; prevent the neglect, abuse or exploitation of children; support at-risk families through services which allow children to remain with their families or return to their families in a timely manner; promote the safety, permanence and well-being of children in foster care and adoptive families; and provide training, professional development and support to ensure a well-qualified workforce. (See Section 421 of the Act.)
The new law revises and updates the language in several plan requirements, including:
Other changes relevant to Tribes are:
The Tribe must provide an assurance that it will not spend more than 10 percent of each fiscal year's title IV-B, subpart 1 funds on administrative costs beginning October 1, 2007, and for each fiscal year thereafter (Section 422 (b)(14). This limitation applies to FY 2007 funds expended in FY 2008 and for each fiscal year thereafter, as no more than 10% of a fiscal year's allotment may be expended for administrative costs during the 2-year expenditure period. Administrative expenditures are defined as costs for the following activities to the extent they are incurred in administering the title IV-B State plan: procurement, payroll management, personnel functions (other than the portion of the salaries of supervisors attributable to time spent directly supervising the provision of services by case-workers), management, maintenance and operation of space and property, data processing and computer services, accounting, budgeting, auditing, and travel expenses (except those related to the provision of services by caseworkers or the oversight of programs funded under title IV-B, subpart 1) Sections 422(b)(14) and 422(c)(1) of the Act). This has the effect that, beginning in FY 2007, Tribes must limit their "indirect" cost allocation from this grant to 10% and may no longer apply their full indirect cost rate to their Federal grant award.
Tribes must:
Title IV-B, subpart 2:
Eligible Applicants:The law amends the PSSF program to allow Tribal consortia to apply for and receive Title IV-B, subpart 2, funds if the consortia's combined child population is substantial enough to reach the $10,000 base threshold required for the receipt of the funds (Sections 432(b)(2), 433(a), 434(c), 436(b)(3), 437(b)(3) and (c)(1)).
Title IV-B, subparts 1 and 2 Reports:
Tribes must submit to ACF annually:
Reports are due beginning June 30, 2007.
Section B. APSR Submission Requirements for FY 2008
Tribes must submit their APSR to the RO by June 30, 2007. The submission must include:
If appropriate, a revised and signed CFS-101 for FY 2007.
Note: APSRs must now be submitted electronically. Hard copies only will not be accepted by ACF RO staff.
The APSR must address each of the following programs for which Tribes have received, or are applying for, funds:
Tribes and their respective States are required to respond to the bullets below regarding Tribal consultation, and States and Tribes are required to exchange their CFSPs and APSRs.
Describe how the Tribal agency actively consults with and involves 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)).
The Tribe must submit their procedures describing how the Tribe would respond to a disaster in accordance with the following criteria for programs funded under either title IV-B, subparts 1 and 2:
Technical assistance is available through the Children's Bureau's National Resource Centers should the Tribe require additional information to comply with the statutory requirement at Section 422(b)(16) of the Act. Also, a document, "Coping with Disasters and Strengthening Systems: A Framework for Child Welfare Agencies"has been recently published which will aid Tribes in developing their plans.
Section C. Financial Information
The Tribe must submit for programs funded under title IV-B, subparts 1 and 2:
FY 2005 Title IV-B Expenditure Report – CFS-101, Part III (See Attachment C.)
Complete the CFS-101, Part III to include the actual amount of title IV-B funds expended in FY 2005, the estimated number of individuals or families served, and the geographic service area within which the services were provided. The Tribe must track and report annually its actual title IV-B expenditures, including administrative costs for the most recent preceding fiscal year. Tribes should report the actual title IV-B expenditures of FY 2005 funds in the APSR due June 30, 2007.
Submission requirements for expenditures of title IV-B must be met by all grantees on the Financial Status Report SF-269. 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 within 90 days 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 programs.
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, SW.
Washington, D.C. 20447
Paperwork Reduction Act
Under the Paperwork Reduction Act of 1995 (P.L. 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 Office of Management and Budget (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 264 hours per response.
Inquiries To:Children's Bureau Regional Program Managers
/s/
Joan E. Ohl
Commissioner
Administration on Children,
Youth and Families
PI 07-07: PDF(148 KB)
Attachment A: |
FY 2007 Title IV-B Subpart 1, Child Welfare Services Tribal Allocations |
Attachment B: |
FY 2007 Title IV-B Subpart 2, Promoting Safe and Stable Families Tribal Allocations |
Attachment C: |
CFS-101 Part I: Annual Budget Request for Title IV-B, Subparts 1 and 2, CAPTA, Chafee Foster Care Independence (CFCIP) and Education and Training Vouchers (ETV) Program Instructions CFS-101 Part II: Annual Summary of Child and Family Services Instructions CFS-101 Part II: Annual Summary of Child and Family Services Form CFS-101 Part III: Annual Expenditures Title IV-B, Subparts 1 and 2, CFCIP, and ETV Program: |
Attachment D: | |
Attachment E: |
Children's Bureau Regional Program Managers |