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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-09-06 2. Issuance Date: June 3, 2009
3. Originating Office: Children's Bureau
4. Key Words: Title IV-B Child and Family Services Plan; Child Abuse Prevention and Treatment State Plan; Chafee Foster Care Independence Program; Educational Training Vouchers Program; Annual Progress and Services Report

PROGRAM INSTRUCTION

To: State Agencies, Territories, and Insular Areas Administering or Supervising the Administration of Title IV-B, Subparts 1 and 2 of the Social Security Act (Act), and Title IV-E of the Act; Organization Designated by the Governor to Apply for Child Abuse and Neglect Prevention and Treatment Programs State Grant Funds; State Independent Living and Education and Training Voucher (ETV) Coordinators.

Subject: June 30, 2009, submission of: (1) the Child and Family Services Plan (CFSP) Final Report for fiscal years (FYs) 2005-2009; (2) the CFSP for FYs 2010-2014 for the Stephanie Tubbs Jones Child Welfare Services (CWS) and Promoting Safe and Stable Families (PSSF) Programs, the Child Abuse Prevention and Treatment Act (CAPTA) State Grant Program; and the Chafee Foster Care Independence Program (CFCIP) and the Education and Training Vouchers (ETV) Program; and (3) 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 Fostering Connections to Success and Increasing Adoptions Act of 2008 (Public Law (P.L.) 110-351); Title IV-B, Subparts 1 and 2, Sections 421-425, 428, 430-438, and Title IV-E, Section 477 of the Act; Section 106 of 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); and 45 CFR Parts 1355 and 1357.

Purpose: This Program Instruction (PI) provides guidance to States, Territories, and Insular Areas (hereafter "States," unless otherwise noted) on actions they are required to take to receive their allotments for FY 2010 (subject to the availability of appropriations) authorized under title IV-B, subparts 1 and/or 2, Section 106 of CAPTA, CFCIP, and ETV programs.

To receive funds for FY 2010, States must develop and submit, by June 30, 2009:


The final allocations for these programs for FY 2009 are attached. (See Attachment A.)


INFORMATION: Organization of the Program Instruction (PI):

Section A: Background
Section B: Overview of the Child and Family Services Plan and Integration with the Child and Family Services Review Process
Section C: Submittal Rule for Insular Areas
Section D: Final Report for CFSP for FYs 2005 through 2009
Section E: Five-Year Child and Family Services Plan for FYs 2010 through 2014
Section F: Child Abuse Prevention and Treatment Act (CAPTA) State Plan Requirements
Section G: Chafee Foster Care Independence and Education and Training Vouchers Programs
Section H: Statistical and Supporting Information
Section I: Financial Information
Attachments

 

Section A. Background

Since the CFSP process began in 1994, there have been three complete five-year plan cycles (FYs 1995 through 1999, FYs 2000 through 2004, and FYs 2005 through 2009). The next CFSP is due June 30, 2009, for FYs 2010 through 2014.

A primary purpose of the plan is to facilitate States' integration of the programs that serve children and families, including title IV-B, subparts 1 and 2 of the Act, CAPTA, and the CFCIP and ETV programs for older and/or former foster care youth, into a continuum of services for children and their families. We have consolidated these plans to help States plan comprehensively for the full array of child welfare services, from prevention and protection through permanency (45 CFR 1357.15(a)). Such consolidation reduces duplicative information requirements under CFSP and CAPTA plans. Specific information required by CAPTA and by the CFCIP and ETV programs is addressed later in this PI.

Federal regulations at 45 CFR 1357 apply to CFSP. Although these regulations refer to numerous dates and timelines that were useful at the introduction of the integrated plan concept, these dates have passed. However, the required elements of the comprehensive five-year CFSP, the Annual Progress and Services Reports (APSRs), and the final report on the progress made toward accomplishing the goals and objectives in the CFSP, continue to be applicable. The obsolete regulations and other variances in the current law and regulations are listed at Attachment B.

Throughout the past 15 years, the Children's Bureau (CB) has used the PI method of informing and instructing States regarding the CFSP or APSR and the programs involved. PIs can be found on the internet at: www.acf.hhs.gov/programs/cb/laws_policies/index.htm#policy.

Since the last PI was issued on April 18, 2008, a number of amendments to the Act affecting the CFSP were enacted as part of P.L. 110-351. These amendments (which became effective on October 7, 2008, unless otherwise noted) include:

States were allowed delayed effective dates for certain provisions if the State certified that legislation was necessary to implement the specific provisions. A draft compilation of the revised Social Security Act can be found at http://www.acf.hhs.gov/programs/cb/index.htm. The law is described in greater detail in ACYF-CB-PI-08-05.

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Section B. Overview of the Child and Family Services Plan and Integration with the Child and Family Services Review Process

The CFSP is a five-year strategic plan that sets forth the vision and the goals to be accomplished to strengthen the States' overall child welfare system. The goals and objectives of the plan must address improved outcomes in the following areas:

After each five-year plan, States must base the development of the next five-year plan on a final review of the accomplishments and identified needs from the previous five-year plan, including any new information (45 CFR 1357.16(f)).

CB emphasizes that the development of the CFSP and subsequent APSRs must be coordinated with the Child and Family Services Review (CFSR) and subsequent program improvement plan (PIP) to improve the child welfare system in the State. Federal regulations at 45 CFR 1355.35(f) require that, "…[t]he elements of the program improvement plan must be incorporated into the goals and objectives of the State's CFSP." The specificity of the CFSR helps the State focus on areas of need related to outcomes and systemic factors and the action steps needed to correct them. The CFSP uses these findings and plans for improvement as an integral part of determining the adequacy of what is currently in place and for constructing a strategic five-year plan to advance the overall child welfare system.

Planning for the CFSP begins with a review or development of the vision and goals and a self-assessment of the State's current status. As such, it must pay particular attention to the findings from the latest CFSR statewide self-assessment, Final Report and PIP. The CFSR is a review specifically designed to meet the legislative requirement for oversight of the title IV-B and title IV-E requirements. States use the CFSR findings and plans for improvement as an integral part in determining the adequacy of activity in the overall child welfare system that is reflected in the CFSP. Further, while the CFSR PIP focuses on a two-year window of activity, the CFSP and APSR provide an opportunity to extend and sustain the improvements made through the PIP through a five-year period and beyond. The CFSP also provides an opportunity to develop and implement strategies that take longer than two years to develop and implement.

In anticipation of preparing for this five-year plan, a conference call was sponsored by CB's National Resource Center for Organizational Improvement on November 18, 2008. The conference call included a discussion by several States on how they have more fully integrated the CFSP and CFSR processes. Some of the strategies discussed by States included having the same staff involved in both the CFSP and CFSR processes, using the same group of community stakeholders to provide input to both processes, and formatting the CFSP in a manner that mirrors either the CFSR statewide assessment or the CFSR PIP. Information discussed during the call can be found at http://muskie.usm.maine.edu/helpkids/cfsrpeers.htm exit disclaimer .

Other resources that may be helpful to States include documents written by CB, such as the attachment to ACF-CB-IM-02-04 and ACYF-PI-07-06, which can be found at http://www.acf.hhs.gov/programs/cb/laws_policies/policy/pi/index.htm. These documents provide guidance as States look to incorporate specific findings and solutions from the CFSR into the broader CFSP and APSR.

Please note that there is no one required format for the CFSP or APSR. Provided all required information is included, States are free to develop a format that they determine will facilitate more complete integration of the CFSP and CFSR processes.

CB and its technical assistance network will continue to provide technical assistance and suggestions to States with regard to integration. CB Regional Offices (RO) are available to provide guidance in this process.

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Section C. Submittal Rule for Insular Areas

The Virgin Islands, Guam, American Samoa, and the Northern Mariana Islands may submit consolidated grant applications in accordance with 45 CFR Part 97. These jurisdictions do not need to submit a five-year CFSP as described in this PI if they choose to have their title IV-B, subparts 1 and/or 2 and/or CAPTA allotments included in a consolidated grant and expend these funds under authority of another program that is available for consolidation. If the Insular Areas choose to consolidate their applications for title IV-B, subparts 1 and/or 2 and/or CAPTA, they must notify their Administration for Children and Families (ACF) RO in writing of their intent by June 30, 2009. Insular Areas that choose to submit a CFSP may do so and submit the plan to their CB RO by June 30, 2009.

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Section D. Final Report for CFSP for FYs 2005 through 2009

Each State must conduct a review of the progress made toward accomplishing the goals and objectives in the CFSP for FYs 2005 through 2009. When conducting the final review, the State must involve the agencies, organizations, and individuals that are a part of the ongoing CFSP-related consultation and coordination process. The final report may be submitted in the format of the State's choice. (Insular Areas that submitted a CFSP should also submit a final report on their CFSP.)

The final report must include the progress made on the goals and objectives during the last fiscal year and a summary of accomplishments made for FYs 2005 through 2009, as follows:

The final report must be made available to the public as required by 45 CFR 1355.21.

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Section E: Five-Year Child and Family Services Plan for FYs 2010 through 2014

Development of the new CFSP continues States' opportunity to implement a system of coordinated, integrated, culturally relevant, and family-focused services. States should review the service principles at 45 CFR 1355.25. The process of coordination and collaboration implemented during the previous plan development, and continued annually for the APSR, should be continued in the development of the CFSP for FYs 2010 through 2014. The State should use information and data gathered through the previous CFSP and APSR and the CFSR process to inform the development of the State's FY 2010 through 2014 CFSP vision, goals, objectives, funding, and service decisions. The CFSP must include information on:


States must provide the following information in the CFSP:

State agency administering the programs: States must identify the name of the State agency that will administer the title IV-B programs under the plan. The CFSP must include a description of the organization, its function, and the organizational unit responsible for the plan. Except as provided by statute, the same agency is required to administer or supervise the administration of all programs under titles IV-B, IV-E, and XX of the Act (45 CFR 1357.15(e)(1) and (2)).

Vision Statement: States must include a vision statement that articulates the grantee's philosophy in providing child and family services and developing or improving a coordinated service-delivery system. The vision should reflect the service principles at 45 CFR 1355.25 (45 CFR 1357.15(g)).

Goals: The CFSP must specify the goals based on the vision statement that will be accomplished during and by the end of the five-year period of the plan. The goals must be expressed in terms of improved outcomes for and the safety, permanency, and well-being of children and families, and in terms of a more comprehensive, coordinated, and effective child and family service delivery system (45 CFR 1357.15(h)).

Objectives: The CFSP must include the realistic, specific, quantifiable, and measurable objectives that will be undertaken to achieve each goal. Each objective should focus on outcomes for children, youth, and/or their families or on elements of service delivery (such as quality) that are linked to outcomes in important ways. Each objective should include both interim benchmarks and a long-term timetable, as appropriate, for achieving the objective. The CFSP must include objectives to make progress in covering additional political subdivisions, reaching additional children in need of services, expanding and strengthening the range of existing services, and developing new types of services (45 CFR 1357.15(i)).

Measures of progress. The CFSP must describe the methods to be used in measuring the results, accomplishments, and annual progress toward meeting the goals and objectives, especially the outcomes for children, youth, and families. Processes and procedures assuring the production of valid and reliable data and information must be specified. The data and information must be capable of determining whether or not the interim benchmarks and multi-year timetable for accomplishing CFSP goals and objectives are being met (45 CFR 1357.15(j)).

Consultation and Coordination. Discuss the approach to include, and the involvement of, stakeholders including families, youth, Tribes, other Federally funded programs (e.g., Temporary Assistance for Needy Families, Medicaid, Child Care, Head Start, Food Stamps, and Community-Based Child Abuse Prevention programs, etc.); and State, local, Tribal and community-based public and private providers for programs such as substance abuse domestic violence, behavioral health, schools, developmental disability, private child welfare services, etc. (45 CFR 1357.15(l) and (m)).

Child and Family Services Continuum: States must describe the publicly funded child and family services continuum, including child abuse and neglect prevention, intervention, and treatment services and foster care; family preservation services; family support services; and services to support reunification, adoption, kinship care, independent living, and services for other permanent living arrangements. States must explain how their services will be linked to, coordinated with, or integrated into other services in the child and family services continuum (45 CFR 1357.15(n)).

Service Description: States must describe the services they offer under each category in title IV-B, subpart 2: family preservation, family support, time-limited family reunification, and adoption promotion and support services. The description must include services currently available to families and children; the extent to which each service is available and being provided in different geographic areas and to different types of families; and important gaps in service, including mismatches between available services and family needs as identified through available data, including the CFSR results, and the consultation process (45 CFR 1357.15(o)).

States must indicate the specific percentages of title IV-B, subpart 2, funds that they will expend on actual service delivery of family preservation, community-based family support, time-limited family reunification and adoption promotion and support services, and on planning and service coordination, with a rationale for the decision. The State must have an especially strong rationale if the percentage provided for any one of the four service categories is below 20%. The amount allocated to each of the service categories should include only funds for service delivery. States should report separately the amount to be allocated to planning and service coordination. States must provide the estimated expenditures for the described services on the CFS-101.

Decision-making process: States must include an explanation of how agencies and organizations were selected for funding to provide family support services and how these agencies are community-based (45 CFR 1357.15(r)).

Coordination with Tribes: States must provide a description, developed in consultation with Indian Tribes in their State, of the specific measures the States use to comply with the Indian Child Welfare Act (ICWA) (Section 422(b)(9) of the Act). In addition, States must describe the arrangements, jointly developed with the Indian Tribes within their borders, made in section 422(b)(8) of the Act for the provision of the child welfare services and protections to Indian children under both State and Tribal jurisdiction.

States must specifically include Tribes in their collaboration/coordination activities (45 CFR 1357.15(l)(3)(v)). State agencies and Tribes must also exchange copies of their CFSP and their APSR. (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 States must address in consultation with Tribes and in the CFSP:

In carrying out consultation and coordination with Tribes, States should be aware of changes in law made by P.L. 110-351 that may affect State-Tribe relations in the delivery of child welfare services to Indian children, youth, and families. The law created a new section 479B of the Act, effective October 1, 2009, which allows Federally recognized Tribes to apply to the Secretary to receive title IV-E funds directly from the Secretary for foster care, for adoption, and, at Tribal option, for guardianship assistance programs.

The opportunity to operate a title IV-E program is not time limited by the law. A Tribe has the discretion to determine whether or when it wants to develop its own title IV-E program to serve Indian children. States remain responsible for serving resident Indian children who are not otherwise being served by an Indian Tribe under an agreement with the State or under a direct title IV-E plan (section 301(d)(2) of P.L. 110-351).

The law explicitly permits Indian Tribes to continue existing agreements or enter into new agreements with States to administer all or part of the title IV-E program on behalf of Indian children and to access title IV-E administration, training, and data collection resources (section 479B(e) of the Act). To support such State/Tribal agreements, the law permits Federal reimbursement of certain title IV-E payments under such agreements at the Tribal Federal Medical Assistance Percentage (FMAP) rate, if that rate is higher than the State FMAP rate (section 303(c)(2) of P.L. 110-351). The law also adds a title IV-E plan provision for States to negotiate in good faith with Indian Tribes seeking title IV-E agreements (section 471(a)(32)).

Health care services: P.L. 110-351 amended the section 422(b)(15) of the Act, which previously required an update regarding on-going 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. The law now requires States and Tribes to develop a plan for ongoing oversight and coordination of health care services for children in foster care. This plan shall be developed in coordination with the State title XIX (Medicaid) agency, and in consultation with pediatricians and other experts in health care, and experts in and recipients of child welfare services. States are required to submit a copy of the Health Care Services Plan with their CFSP.

The plan must describe how it will ensure a coordinated strategy to identify and respond to the health care needs of children in foster care placements, including mental health and dental health needs. The plan shall include an outline of:

This requirement was effective October 7, 2008, with limited delays permitted for States certifying that State legislation is necessary to comply with the plan requirement. States needing legislation must specify when this requirement will be met; otherwise, States must include an explanation of how health care experts were selected and how they and the Medicaid agency were involved in developing health care oversight and coordination plans for children in foster care. As part of its plan for responding to the mental health needs of children and for providing oversight for prescription medicines, CB encourages States to pay particular attention to oversight of the use of psychotropic medicines in treating the mental health care needs of children.

Disaster plans: Section 422(b)(16) of the Act requires that States have in place procedures explaining how the State programs assisted under title IV-B, subparts 1 and 2, or title IV-E, would respond to a disaster, in accordance with criteria established by the Secretary. These procedures should include how a State would:

States are required to review their previously submitted disaster plan, to make any needed changes, and to submit the disaster plan with the CFSP, regardless of whether or not changes were made.

Child welfare waiver demonstration activities (applicable States only): If the State has been awarded a demonstration waiver under Section 1130 of the Act, it must provide a description of its coordination efforts to integrate the activities under the CFSP with the goals and objectives of the demonstration. In particular, the State must discuss how title IV-B monies are used to maximize the use of flexible title IV-E dollars in the demonstration.

Monthly Caseworker Visits: Describe the action steps the State plans to take to ensure that, by October 1, 2011, 90 percent of children in foster care are visited on monthly basis by their workers, and that the majority of the visits occur in the residence of the child. Highlight any changes made to the action steps since the submission of the last APSR (Section 424(e)(1) and (2) of the Act).

Adoption incentive payments: P.L. 110-351 re-authorized the Adoption Incentives Program amending section 473A of the Act to extend the Adoption Incentive Program through FY 2013. It updated the "base year" used to measure increases to FY 2007 (section 473A(g)), and doubled incentive payment amounts for special needs (from $2,000 to $4,000) and older child adoptions (from $4,000 to $8,000) (section 473A(d)(1)). The law also creates a "highest ever" foster child adoption rate payment for exceeding the highest foster child adoption rate since 2002. This incentive is available only if there are any remaining funds after awarding foster child, special needs, and older child adoption incentive payments (section 473A(d)(3)). These changes were effective upon enactment (October 7, 2008). A separate program instruction will be issued addressing the changes in the adoption incentives base year and amounts.

A number of States that have received adoption incentive awards in the past have had difficulty spending the incentives received. Therefore, to ensure timely and well-planned expenditure of any adoption incentives the State may receive, States must specify in the CFSP the services it expects to provide to children and families with the adoption incentive funds and its plans for ensuring timely expenditure of the funds.

Training: The State's CFSP must include a staff development and training plan in support of the goals and objectives in the CFSP that addresses both of the title IV-B programs covered by the plan. This training plan also must be combined with the training plan under title IV-E as required by 45 CFR 1356.60(b)(2). Training must be an ongoing activity and must include content from various disciplines and knowledge bases relevant to child and family services policies, programs, and practices. Training content must also support the cross-system coordination and consultation basic to the development of the CFSP.

Federal regulations at 45 CFR 235.63 through 235.66(a) describe the conditions under which Federal matching funds are allowable. Among the conditions to be considered are the trainees toward whom the training is directed (including its specific relevance to the identified administrative activities allowable under Title IV-E), the scope and duration of the training, and the sources of non-Federal matching. Further, Federal requirements governing the cost sharing for training activities among all benefiting programs and funding sources are discussed generally in OMB Cost Principles at A-87, and more specifically in the Children's Bureau's Child Welfare Policy Manual at: http://www.acf.hhs.gov/programs/cb/laws_policies/index.htm#policy. Questions specific to training are located in the Child Welfare Policy Manual at 8.1H. Federal regulations pertaining to training are at 45 CFR 1356.60(b), 45 CFR 1357.15(t)(1) and 45 CFR 235.63 - 235.66(a).

P.L. 110-351 amended section 474(a)(3)(B) of the Act to create new trainee groups under title IV-E. Title IV-E agencies may claim the costs of short-term training of relative guardians provided the State has opted in its title IV-E plan to provide kinship guardianship assistance payments to relatives; staff members of State-licensed or State-approved child welfare agencies providing services to children receiving title IV-E assistance; staff members of child abuse and neglect courts personnel; agency attorneys, attorneys representing children or parent; guardians ad litem, or other court-appointed special advocates representing children in proceedings of such courts, in ways that increase the ability of such current or prospective parents, guardians, staff members, institutions, attorneys, and advocates to provide support and assistance to foster and adopted children and children living with relative guardians, whether incurred directly by the State or by contract. The Federal financial participation (FFP) rate of Federal reimbursement for such training costs changes each year over a five-year period, as follows: 55 percent in FY 2009; 60 percent in FY 2010; 65 percent in FY 2011; 70 percent in FY 2012; 75 percent in FY 2013 and thereafter (section 203(b) of P.L. 110-351). The training plan must identify whether and how the agency will train persons in these new trainee groups consistent with the elements above. To the extent that any such training was or is planned to be accomplished during FY 2009 and was not included in the FY 2009 training plan, the State must include this information as part of its new training plan submission, as well.

In addition, each title IV-E agency seeking to provide allowable training to individuals in the new trainee groups must also review its approved Public Assistance Cost Allocation Plan (PACAP) and any training contracts to assure that the costs of such training are properly identified, measured and allocated. To the extent that changes are deemed necessary, an appropriate PACAP amendment must be submitted to the Department of Health and Human Services (HHS) Division of Cost Allocation before filing such title IV-E claims.

This PI includes details of the elements that must be included in States' title IV-E training plans in order to be considered eligible for FFP. These elements are:

Evaluation and Technical Assistance: The State's CFSP must describe any evaluation and research activities underway or planned with which the State agency is involved or participating and that are related to the goals and objectives in the plan. The State must also describe the technical assistance activities that will be undertaken in support of the goals and objectives of the plan (45 CFR 1357.15(t)).

Quality Assurance System: The State must include in the CFSP a description of the quality assurance system it will use to regularly assess the quality of services under the CFSP and assure that there will be steps taken to address identified problems (45 CFR 1357.15(u)).

Assurances: States are to submit the assurances and certifications necessary for plan approval for each program. States are required to sign the pages of Attachment C and submit them with the CFSP.

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Section F. Child Abuse Prevention and Treatment Act (CAPTA) State Plan Requirements

States must develop a five-year strategic plan with goals and objectives for a continuum of care to improve their child protective system and consolidate it with their CFSP to be eligible to receive a grant under section 106 of CAPTA. The CFSP must incorporate the following information:

It is important that the CFSP address all of the CAPTA State Plan items pursuant to section 106. 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 RO State Liaison.

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.

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Section G. Chafee Foster Care Independence and Education and Training Vouchers Programs

States must include in the CFSP a description of the Chafee Foster Care Independence and the Education and Training Vouchers Programs services to be provided during the five-year period of FY 2010 through 2014. To fulfill the intent of the Act, which is in keeping with positive youth development, States are strongly encouraged to include youth presently in care as well as former foster youth, as critical stakeholders in the development of the State plan. States must identify the State agency or agencies that will administer, supervise, or oversee the programs and provide a statement that indicates that the State agency will cooperate in national evaluations of the effects of the programs in achieving the purposes of CFCIP.

Description of Program Design and Delivery: As required by Section 477(b)(2)(A), the CFCIP section of the CFSP must address how the State will design, conduct and/or strengthen programs to achieve the purposes of section 477(a)(1-7) of the Act to:

Serving Youth Across the State: In developing their plans, States are required to ensure that all political subdivisions in the State are served by the program, though not necessarily in a uniform manner (Section 477(b)(2)(B)).

Serving Youth of Various Ages and States of Achieving Independence: In developing their plans, States are required to describe how youth of various ages and at various stages of achieving independence are to be served (Section 477(b)(2)(C)). In their plans, States must describe how they are serving: (1) youth under age 16; (2) youth ages 16 to 18; (3) youth ages 18 through 20; and (4) youth who, after attaining 16 years of age, have left foster care for kinship guardianship or adoption. (Note that P.L. 110-351 amended the statute to expand the purpose of the program to include providing services, including education and training vouchers, to youth who, after attaining 16 years of age, have left foster care for kinship guardianship or adoption. (See sections 477(a)(7) and 477(i)(2) of the Act)).

The description should include the identification of State statutory and/or administrative barriers, if any, which, to facilitate the State serving a broader range of eligible youth, need to be eliminated or amended. States should also discuss how they are developing services for those individuals "likely to remain in foster care until age 18." Some identifiers of individuals "likely to remain in foster care until 18" include, but are not limited to, age, ethnicity, presenting problems, case histories, and individual case goals and objectives.

States should also note the following requirements specific to youth ages 18 through 20:

Trust Funds: If a State has chosen to use Chafee funds to establish a trust fund program for youth receiving independent living services or transition assistance, the State should describe the design of any such program and refer to ACYF-CB-PI-05-06 for current guidance on trust funds and the timely expenditure of Chafee funds.

Education and Training Vouchers program: States should note that purpose 6 of section 477(a) is to make available vouchers for education and training, including postsecondary training and education to youths who have aged out of foster care or who, after attaining age 16, have left foster care for adoption or kinship guardianship. States may wish to reference ACYF-CB-PI-03-06, issued July 8, 2003, which provided specific guidance to develop this portion of the plan. States must describe the methods they use to operate the program efficiently and assure that they will comply with the conditions specified in subsection 477(i). (See Attachment C.)

Consultation and Collaboration: States are required to coordinate with related programs and to engage in consultation with a range of stakeholders, including Tribes. Specifically, States are to consult with and coordinate with "each Indian tribe in the State" and ensure "that benefits and services under the program will be available to Indian children in the State on the same basis as to other children in the State" (section 477(b)(3)G)).

In carrying out tribal consultation, States should note that P.L. 110-351 included amendments providing an option for Tribes with an approved title IV-E plan or a title IV-E Tribal/State agreement to receive directly from the Secretary a portion of the State's CFCIP and ETV allotments to provide services to Tribal youth. This provision becomes effective October 1, 2009 (section 477(j)).

P.L. 110-351 also added a new CFCIP requirement at section 477(b)(3)(G) that becomes effective on October 1, 2009, requiring States to certify that the State will negotiate in good faith with any Tribe that does not receive a CFCIP or ETV allotment directly from the Secretary for a fiscal year and requests to develop an agreement to administer or supervise the CFCIP or an ETV program with respect to eligible Indian children and receive an appropriate portion of the State's allotment for such administration or supervision.

In addressing issues of consultation and coordination in the Chafee portion of the CFSP, each State must address the following:

Determining Eligibility for Benefits and Services: As required by Section 477(b)(2)(E), States are required to address in their plan how they use objective criteria to determine eligibility for benefits and services under the programs, and for ensuring fair and equitable treatment of benefit recipients.

Consistent with Senate Report 110-410, CB is clarifying that States may not deny eligibility for independent living services to a youth who otherwise meets the eligibility criteria but who is temporarily residing out of State, and that States may not terminate ongoing independent living assistance solely due to the fact that a youth is temporarily residing out of State.

Training: States must provide information on specific training planned for FY 2010 through 2014 in support of the goals and objectives of the States' CFCIP. CFCIP training may be incorporated into the training information discussed under the training section for the CFSP, but should be identified as pertaining to CFCIP.

Preparation to Implement National Youth in Transition Database: On February 26, 2008, the Children's Bureau issued the final rule to implement the National Youth in Transition Database (NYTD), as authorized by section 477(f) of the Act. The rule was published in the Federal Register at 73FR 10338 and is incorporated in Federal regulations at 45 CFR 1356.80-86. (See: http://edocket.access.gpo.gov/2008/pdf/E8-3050.pdf (PDF - 286 KB). States are required to begin to collect data on October 1, 2010, with the first submission of data to ACF due no later than May 15, 2011.

In the CFSP, States should describe the steps they have taken and plan to take to prepare to implement NYTD, including efforts to inform, engage, and prepare youth to participate in the outcome survey portion of NYTD. Please describe any technical assistance the State anticipate needing in order to be ready for the first submission of NYTD data by May 15, 2011.

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Section H. Statistical and Supporting Information

In addition to the components of the final report and new CFSP described above, States are required to report certain statistical information. Unless otherwise specified, provide the following information with the June 30, 2009, submission of the CFSP:

Juvenile Justice Transfers: Provide a description of "the number of children under the care of the State child protection system who are transferred into the custody of the State juvenile justice system." States should provide contextual information about the source of this information and how they define the reporting population (Section 106(d)(14) of CAPTA).

Inter-country adoptions: States must report the number of children who were adopted from other countries and who entered into State custody in FY 2008 as a result of the disruption of a placement for adoption or the dissolution of an adoption, the agencies who handled the placement or the adoption, the plans for the child, and the reasons for the disruption or dissolution (See section 422(b)(12) of the Act).

Monthly Caseworker Visit Data: 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 and report the following data on caseworker visits for each of FYs 2007 through 2011:

Last year's APSR Program Instruction (ACYF-CB-PI-08-03) provided revised instructions on how to calculate the caseworker visit data to ensure that all States start from a reliable baseline and continue to measure progress in a consistent manner when submitting data for FYs 2008 through 2011. Every State submitted baseline data for FY 2007, including any revisions as required by last year's PI, as well as data for FY 2008. States also submitted targets for improvement against which data submissions will be compared.

States must continue to submit data to measure progress for FYs 2009 through 2011. Data for FY 2009 will be due to CB ROs by December 15, 2009. The methodology for computing the percentages remains unchanged from last year's instructions. 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 FY;
  2. The number of children visited each and every full calendar month that they were in foster care during the FY;
  3. The total number of visit months for children who were visited each and every calendar month that they were in foster care during the FY; and
  4. The total number of visit months in which at least one child visit occurred in the child's residence.

Based on these data,

States are required to submit the numbers listed in items 1–4 above, in addition to the derived percentages. This will help the Children's Bureau to validate the accuracy of the calculations.

Please remember that the caseworker visit data for any Federal fiscal year must comprise the full 12-month period, e.g., for FY 2009, data must cover the period from October 1, 2008, through September 30, 2009.

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. A child with more than one episode during the 12-month period is 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.

States were given the option to use sampling to meet the caseworker visit data collection requirement. A sampling methodology, developed by the Children's Bureau Data Team, was previously made available to all States. Alternatively, States could use their own sampling methodology if it had been approved by the CB RO, in consultation with the Children's Bureau Data Team. States may continue to use previously approved sampling methodologies approved by the Children's Bureau. Any changes to a sampling methodology must be approved by the Children's Bureau before submitting FY 2009 data. States must also identify whether any of the reported data (items 1–4) were derived through the use of sampling.

In the June 30, 2008, APSR submission, States provided target data percentages to be reached for each of FYs 2008 through 2011 for the percentage of children in foster care who were visited during each and every calendar month (section 424(e)(2)(A) of the Act). The State must achieve the established target percentages to ensure that, by October 1, 2011, 90 percent of children in foster care are visited by their workers monthly. If a State fails to meet the target percentages for any of these years (FYs 2008 through 2011), ACF will reduce the Federal match rate for title IV-B, subpart 1 funds in proportion to the amount that the State failed to reach its target (section 424(e)(2)(B) of the Act).


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 percentage point

10% to 19%

3 percentage points

20% or more

5 percentage points


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 must increase its match rate in order to access the full Federal allotment. 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.

Education and Training Vouchers: Identify the number of youth who received ETV awards in FY 2008 and FY 2009 (year-to-date), breaking out the number of recipients who were receiving ongoing vouchers (e.g., youth who were new voucher recipients in FY 2007, but continued to receive vouchers in FY 2008 and/or 2009) and the number of youth who were new voucher recipients in each of FYs 2008 and 2009.

Licensing waivers: P.L. 110-351 amended section 471(a)(10) of the Act to explicitly permit the title IV-B/IV-E agency to waive on a case-by-case basis a non-safety licensing standard for a relative foster family home. It also requires HHS to submit a Report to Congress, two years after enactment, on children placed in relative foster family homes and the use of licensing waivers.

To enable the Department to prepare this report, States must provide to the extent practicable the following information for FY 2009 by December 15, 2009:

Timely Home Studies Reporting and Data: The Safe and Timely Interstate Placement of Foster Children Act of 2006 amended the Act at 471(a)(26)(B)(2) to encourage timely home studies. (Information Memorandum ACYF-CB-IM-06-03, dated August 11, 2006, provides an overview of the provisions.) A home study is considered timely if "within 60 days after the State receives from another State a request to conduct a study of a home environment for purposes of assessing the safety and suitability of placing a child in the home, the State shall, directly or by contract":

In the case of a home study begun on or before September 30, 2008, if the State failed to comply within the 60-day period as a result of circumstances beyond the control of the State (such as a failure by a Federal agency to provide the results of a background check, or the failure by any entity to provide completed medical forms, requested by the State at least 45 days before the end of the 60-day period), the State had 75 days to comply if the State documented the circumstances involved and certified that completing the home study is in the best interests of the child. The home study process does not require a State to have completed, within the applicable period, the parts of the home study involving the education and training of the prospective foster or adoptive parents.

The law also required HHS to submit a report to Congress on how frequently States used the extended 75-day period. To enable the Department to complete this report, States are asked to provide with their CFSP submission the following information for FYs 2007 and 2008:

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Section I. Financial Information

  1. Payment Limitations – Title IV-B, Subpart 1:
  2. Payment Limitations – Title IV-B, Subpart 2
  3. FY 2009 Funding—Revised Budget Request


  4. 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).

  5. FY 2010 Budget Request—CFS-101 (See Attachment D)
  6. FY 2007 Title IV-B Expenditure Report—CFS-101, Part III


  7. 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 FY 2007 funds. At State option, complete this form for the CFCIP and ETV programs.

  8. Financial Status Reports (SF-269)


  9. All grantees must report expenditures under title IV-B, subparts 1 and 2, CAPTA, and CFCIP on the Financial Status Report, SF-269. Submission requirements for each program are listed below under the appropriate heading. A negative grant award will recoup unobligated and/or unliquidated funds reported on the final SF-269 for the title IV-B programs, CAPTA, CFCIP, and ETV programs.

    States are strongly encouraged to submit an electronic SF-269 for the programs listed above through the ACF Online Data Collection (OLDC) system. If reports are submitted electronically through OLDC, paper copies do not need to be submitted. For more information on gaining access to and using the OLDC submission process, please see https://extranet.acf.hhs.gov/oldcdocs/materials.html or contact your ACF RO Grants Officer or specialist.

If not able to submit reports electronically, States may submit the original SF-269 for each program to the following address with a copy to your ACF RO:

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

Title IV-B, subpart 1

States are required to submit the SF-269 fiscal report for expenditures under title IV-B, subpart 1 at the end of each 12 months (October 1 through September 30) of the two-year expenditure period. Both reports are due 90 days after the end of the fiscal year (December 29). The SF-269 fiscal report covering the first 12-month budget period is the interim report and the report covering the entire grant period is the final report. The required 25 percent State match must be reported on the final fiscal report. Funds under title IV-B, subpart 1 must be expended by September 30 of the fiscal year following the fiscal year in which the funds were awarded (e.g., for FY 2009, funds must be obligated by September 30, 2010, and liquidated by December 29, 2010.)

Title IV-B, subpart 2 – PSSF

States are required to submit the SF-269 fiscal report for expenditures under the title IV-B, subpart 2 PSSF program at the end of each 12 months (October 1 through September 30) of the two-year expenditure period. Both reports are due 90 days after the end of the fiscal year (December 29). The SF-269 fiscal report covering the first 12-month budget period is the interim report and the report covering the entire grant period is the final report. The required 25 percent State match must be reported on the final fiscal report. Funds under title IV-B, subpart 2 – PSSF must be expended by September 30 of the fiscal year following the fiscal year in which the funds were awarded (e.g., for FY 2009, funds must be obligated by September 30, 2010, and liquidated by December 29, 2010).

Since the discretionary funds under PSSF are to be expended for the same purposes as the mandatory funds, no separate reporting is required to distinguish between the expenditure of the two amounts. Grantees are to report the cumulative amount on the financial status report (SF-269). Funds reported as unobligated on the final financial status report will be recouped from the discretionary amount first.

Title IV-B, subpart 2 – Monthly Caseworker Visit Funds

States are required to submit the SF-269 fiscal report for expenditures under the title IV-B, subpart 2 Monthly Caseworker Visit program at the end of each 12 months (October 1 through September 30) of the expenditure period. (These reports are to be separate from the SF-269 reports for the PSSF program.)

For the FY 2006 allocation for Monthly Caseworker Visits under title IV-B, subpart 2, a special four-year expenditure period applied. States must submit a separate SF-269 within 90 days of the end of each 12 month expenditure period. Federal funds awarded in FY 2006 must be obligated by September 30, 2009, with a final report due December 29, 2009.

As Congress did not appropriate title IV-B, subpart 2 funds for monthly caseworker visits in FY 2007, no financial reporting is required for FY 2007.

For FYs 2008 and 2009, Monthly Caseworker Visit funds must be expended within two years. States are to submit the SF-269 report at the end of each 12 months of the two-year expenditure period. Both reports are due 90 days after the end of the fiscal year (December 29). The SF-269 fiscal report covering the first 12-month budget period is the interim report and the report covering the entire grant period is the final report. Funds for these years must be expended by September 30 of the fiscal year following the fiscal year in which the funds were awarded (e.g., for FY 2009, funds must be obligated by September 30, 2010 and liquidated by December 29, 2010).

CAPTA

Funds under CAPTA must be expended within five years. States are required to submit the SF-269 fiscal report for CAPTA at the end of each 12 months (October 1 through September 30) of the five-year expenditure period. The SF-269 fiscal report covering each 12-month budget period is an interim report and the report covering the entire grant period is the final report. Both the interim and the final reports are due 90 days after the end of each 12-month period (December 29).

CFCIP and ETV

Funds under CFCIP and ETV must be expended within two years. States are required to submit separate SF-269 fiscal reports for the CFCIP and ETV programs. Reports capturing the October 1 through September 30 expenditure period are due December 29 (90 days after the end the 12 month period). The SF-269 fiscal report covering the first 12-month budget period is the interim report and the report covering the entire grant period is the final report. The required 20 percent State match must be reported on the final reports. CFCIP and ETV funds must be expended by September 30 of the fiscal year following the fiscal year in which the funds were awarded.

Submittals:

In summary, by June 30, 2009, States must submit to their CB RO via e-mail or on a compact disc:

States must submit the documents electronically to the CB RO. The signed CFS-101's should be submitted in .pdf format as a separate attachment. It is preferred that attachments to the final report and the CFSP be in Word although other formats will be accepted. The RO will forward a copy of the approved CFS-101 to the CB's Central Office.

In addition, by December 15, 2009, States are to submit:

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 Control Number for this OMB approved information collection is 0980-0047.

Inquiries To: CB Regional Program Managers

/s/

Maiso L. Bryant
Acting Commissioner

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Attachments

Attachment A:

Fiscal Year 2009 Allotment Title IV-B Subpart 1 Stephanie Tubbs Jones Child Welfare Services
HTML or PDF (23 KB)

Fiscal Year 2009 Allotment Title IV-B Subpart 2 Promoting Safe and Stable Families
HTML or PDF (14 KB)

Fiscal Year 2009 Allotment for CAPTA
HTML or PDF (14 KB)

Fiscal Year 2009 Allotment for Chafee Foster Care Independence Program Allotments
HTML or PDF (13 KB)

Fiscal Year 2009 Allotment for Education and Training Vouchers
HTML or PDF (12 KB)

Fiscal Year 2010 Estimated Allotment for Title IV-B, Subpart 2 Monthly Caseworker Visit Funds
HTML or PDF (17 KB)

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Attachment B:

Current Variances in the Title IV-B Provisions of Law and Regulations
HTML or PDF (29 KB)

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Attachment C:

Stephanie Tubbs Jones Child Welfare Services Program (title IV-B, subpart 1) Assurances
HTML or PDF (23 KB)

Promoting Safe and Stable Families (title IV-B, subpart 2) Assurances
HTML or PDF (23 KB)

State Chief Executive Officer's Assurance Statement for the Child Abuse and Neglect State Plan
HTML or PDF (38 KB)

State Chief Executive Officer's Certification for the Chafee Foster Care Independence Program
HTML or PDF (21 KB)

State Chief Executive Officer's Certifications for the Education and Training Voucher Program/Chafee Foster Care Independence Program
HTML or PDF (19 KB)

Tribal Leader's Certification for the Education and Training Voucher Program Chafee Foster Care Independence Program
HTML or PDF (20 KB)

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Attachment D:

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 Voucher (ETV) Program Instructions
HTML or PDF (14 KB)

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 Voucher (ETV) Program Form
HTML or PDF (45 KB)

CFS-101, Part II: Annual Summary of Child and Family Services Instructions
HTML or PDF (33 KB)

CFS-101, Part II: Annual Summary of Child and Family Services Form
HTML or PDF (88 KB)

CFS-101, Part III: Annual Expenditures for Title IV-B, Subparts 1 and 2, CAPTA, Chafee Foster Care Independence (CFCIP) and Education and Training Voucher (ETV) Instructions
HTML or PDF (17 KB)

CFS-101, Part III: Annual Expenditures for Title IV-B, Subparts 1 and 2, CAPTA, Chafee Foster Care Independence (CFCIP) and Education and Training Voucher (ETV) Form
HTML or PDF (57 KB)

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Attachment E:

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

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