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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.: ACYF-PI-83-3	2. Issuance Date: June 6, 1983
	3. Originating Office: Children's Bureau
	4. Key Word: Application and Issuance of Direct Grants to Eligible Tribes and ITOs; Sec. 428 of SSA P.L. 96-272

PROGRAM INSTRUCTION

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

SUBJECT:   Applications for and Issuance 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) and 1357.40

BACKGROUND:   The Secretary has directed that a program of direct grants to Indian Tribes be established and that criteria be defined for eligibility for direct grants. The Department believes that direct funding of Indian Tribes will strengthen Tribal child welfare services programs, as intended in the goals and requirements of the Social Security Act as amended by P.L. 96-272.

ELIGIBILITY CRITERIA FOR APPLICANTS:   The option of applying for direct title IV-B funding is available to eligible Indian Tribes which:

1. are located in States that have a jointly developed Child Welfare Services Plan (CWSP) that meets the requirements of title IV-B of the Act; and
   
   
2. are providing child welfare services under a contract with the Secretary of the Interior pursuant to section 102 of the Indian Self-Determination Act (25 U.S.C. 450f) which would otherwise be provided directly by the Secretary of the Interior.
   
   

FUNDING PROCEDURES:

Federal funds available for direct grants to eligible Indian Tribes shall be paid by the Secretary, or his designee, from the title IV-B allotment of the State in which the Tribe is located. If an eligible Tribe includes a population from more than one State, a proportionate amount of the grant will be paid from each State's allotment.

The receipt of title IV-B funds shall be in addition to and not a substitute for funds otherwise previously expended by the Tribe for child welfare services. Eligible Tribes may form a consortium and apply for direct title IV-B grants.

A list of potentially eligible Tribes and the projected FY 1983 title IV-B allotments for those Tribes securing direct grants is attached (Attachment A). The statistical information used to develop the individual Tribal allotments is based upon the best available data. The order of data preference is (1) U.S. Census data, (2) data from the Bureau of Indian Affairs, U.S. Department of Interior, and (3) best available source. Information received subsequent to the completion of the attached list may change the status of any individual Tribe.

The amount of the State's title IV-B allotment that is allocated to an eligible Indian Tribe within the State's borders is based upon that portion of the Tribe's reservation population under 21. A weighting factor of 1.4 is applied to compensate for a generally lower per capita income for Tribal members.

Federal financial participation (FFP) is available at the rate of 75% for allowable costs in expenditures under title IV-B to establish, extend and strengthen child welfare services and to effectively administer, evaluate and monitor the Tribal plan. The Tribe or consortium will be responsible for the remaining 25% of allowable program costs.

JOINT PLANNING:

45 CFR 1357.40 requires that each eligible Tribe applying for a direct title IV-B grant submit a Child Welfare Services Plan developed through joint planning by Tribal and Federal representatives. 45 CFR 1357.40(b) defines joint planning as the Tribal and Federal review and analysis of the Tribe's child welfare services, including analysis of the service needs of children and their families, selection of unmet service needs that will be addressed in a plan for program improvement, and development of goals and objectives to enhance the capability of the Tribe in providing child welfare services.

The Tribal CWSP is essentially a statement of the Tribe's plan for developing and strengthening its child welfare services program. The Federal role in joint planning is collaborative and is not intended to take precedence over the Tribe's initiative and right to establish child welfare services goals and objectives. (A more detailed discussion of the joint planning process may be found in ACYF Information Memorandum 83-4, issued June, 1983.)

TITLE IV-B PLAN SUBMITTAL:

Title IV-B plans may be effective for one, two or three years, at the option of the Tribe. If the Tribe decides to submit a plan every two or three years, the plan must have appropriate effective dates.

The Child Welfare Services Plan may be submitted in a form determined by the Tribe. However, the plan must include the following elements:

• The name of the Indian Tribe (or Tribes, if a consortium);
  
  
• A brief description of the organization and structure of the Tribe;
  
  
• A brief description of the legal or organizational relationship of the Tribal Organization to the Indians in the area to be served;
  
  
• A statement of the legal responsibility, if any, for children who are in foster care on the reservation including children awaiting adoption;
  
  
• A brief description of Tribal jurisdiction in civil and criminal matters, including existence of a Tribal court and the type of court and codes, if any;
  
  
• Identification of the standards applied to foster family homes and institutional care and day care;
  
  
• The Tribe's political subdivisions, if any;
  
  
• If a Tribal Organization is designated to operate the grant program, whether that Tribal Organization is controlled, sanctioned or chartered by the governing body of Indians to be served and, if so, documentation of that fact;
  
  
• Any limitation on authorities granted the Tribal Organization;
  
  
• The Tribal resolution(s) authorizing application for a direct title IV-B grant;

The title IV-B services plan, including the Annual Budget Request (CWS-101), shall be submitted to the appropriate Regional Office, Administration for Children, Youth and Families. A copy of the Annual Budget Request should simultaneously be forwarded to:

Children's Bureau
Financial Management Division
P.O. Box 1182
Washington, D.C. 20013

Upon submission, the Indian Tribal Organization, as the Tribe's representative, must promptly notify the State title IV-B agency of the submission. If the Tribal population to be served by the direct title IV-B grant is located in more than one State, each State's title IV-B agency must be notified. In turn, each State's title IV-B agency will be required to provide the Tribe with a copy of the State's title IV-B CWSP upon request.

In order to calculate the Tribe's allotment and make the direct grant in a timely manner, the Tribe must apply on or before July 1 and a completed Child Welfare Services Plan must be submitted to the appropriate ACYF Regional Office no later than August 15th. These dates are necessary to ensure that title IV-B funds are available for the direct grant and to notify States of the total available to them.

TRIBAL ELIGIBILITY FOR ADDITIONAL PAYMENTS:

If an eligible Indian Tribe applying for a direct title IV-B grant wishes to receive a share of additional title IV-B appropriations above $141M, it must be located in a State that has met the section 427 requirements of the Act and must itself meet the requirements of section 427 for children who have been in foster care under the responsibility of the Tribe. The Tribe must:

1. Have conducted an inventory of all Indian children under the responsibility of the Tribe who have been in foster care for a period of six months, and make determinations about the necessity for and appropriateness of their placements (sec. 427(a)(1));
   
   
2. Have in operation an information system capable of tracking every child who is in foster care or who had received care within the preceding 12 months (sec. 427(a)(2)(A));
   
   
3. Have in operation a case review system for each foster child under the Tribe's supervision (sec. 427(a)(2)(B)); and
   
   
4. Have in operation a service program designed to return children to their own homes or to achieve another permanent placement (sec. 427(a)(2)(C)).

EFFECTIVE DATE:   Effective upon issuance.

INQUIRIES: Regional Program Directors for the Administration for Children, Youth and Families (Attachment B)

         /s/
Clarence E. Hodges
Commissioner

Attachments:

Attachment A - List of potentially eligible Indian Tribes including the projected FY 1983 title IV-B allotments for Tribes securing direct grants
Attachment B - List of ACYF Regional Offices