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Home > Laws & Policies > Policy/Program Issuances > Program Instructions > PI-83-04

ACF
Administration for Children and Families

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

1. Log No.: PI-83-04 2. Issuance Date: May 5, 1983
3. Originating Office: Children's Bureau
4. Key Word: FY'83 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 TITLE IV-B OF THE SOCIAL SECURITY ACT.

SUBJECT:   FY 1983 ALLOTMENTS FOR TITLE IV-B, AND PROCEDURES FOR APPLYING FOR:

  1. A STATE'S SHARE OF FUNDS AVAILABLE UNDER TITLE IV-B IN FY 1983;
  2. REALLOTTED IV-B FUNDS; AND
  3. FUNDS TO BE TRANSFERRED FROM TITLE IV-E-FOSTER CARE.

LEGAL AND RELATED REFERENCES:   SECTIONS 421, 422, 423, 427, 474(c) and 475 OF THE SOCIAL SECURITY ACT and 45 CFR 1355.30, 1356.65, 1356.70, and 1357.30.

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 1983 funds;
  2. Title IV-B FY 1983 funds that will become available for reallotment to other States; and
  3. Transfer of funds not needed for foster care under title IV-E to title IV-B.

The procedures that a State must follow in order to receive title IV-B funds for FY 1983 are generally the same as those that were in effect in FY 1982 (see ACYF-PI-82-07). The major difference in FY 1983 is that all documents must be actually received by ACYF by August 15, 1983 or they must be sent by certified mail with a postmark from the U.S. Postal Service dated no later than August 12, 1983.

DETAILED INSTRUCTIONS

  1. Funds available to a State from its share of FY 1983 funds.

    Under the Second Continuing Resolution for FY 1983 (P.L. 97-377), Congress has made available a total of $156.326 million(M) under title IV-B (Child Welfare Services) for FY 1983. The allotments for each State of their share of $141M and $156.326M are listed in Enclosure 1.

    States are advised that, under section 428 of the Act, the Secretary has decided to make direct grants to eligible Indian Tribal Organizations. Eligibility will be determined and grants will be made after the title IV-B program regulations are made final. (The Notice of Proposed Rulemaking was published in the Federal Register on July 15, 1982 at 47 FR 30922.)

    In order to receive its share of $141M, 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 the additional title IV-B funds (share of $156.326M) allotted directly to it, a State must, in addition:

    1. Be meeting the requirements of section 427 of the Social Security Act ("the Act") continuously throughout FY 1983 (for States certifying their eligibility for the first time in FY 1983, by the end of FY 1983);

    2. Certify to ACYF by no later than August 15, 1983 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 or have withdrawn their certification for FY 1982). A copy." of the form to be used for certification was sent to States as a part of ACYF-PI-82-04, issued April 16, 1982.

    3. Submit to ACYF by August 15, 1983 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 1983; and

    4. Jointly plan with ACYF Regional staff the use of those funds applied for.


  2. Title IV-B FY 1983 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 1983, either because they do not meet the requirements of section 427 of the Act or because they cannot obligate funds during FY 1983. (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 1983 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 by the required date will be considered equivalent to certification that the funds will not be required by the State during FY 1983, in accordance with 45 CFR 1357.30(g)(2). These funds will then be available for reallotment to other States.

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

    Under 45 CFR 1356.70, a State may transfer funds not needed for foster care under title IV-E-Foster Care to title IV-B for child welfare services. In FY 1983, there are no mandatory allotment limitations on States for foster care under title 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, paragraph (C) is irrelevant in FY 1983.) 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, 1983 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, 1983. Form IV-E-2's (Quarterly Statements of Expenditures) for the Quarters Ended December 31, 1982, March 31, 1983, and June 30, 1983;

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

    4. Submit by August 15, 1983, a CWS-101 requesting the funds to be transferred.


    Transfer funds are further limited in two ways:

    1. Under 45 CFR 1356.70(a)(3), the total of funds each State may transfer to IV-B may not, when added to the funds received under title IV-B directly or by reallotment ((1) and (2) above) exceed the amount the State would have been allotted under title IV-B if $266 M 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 continuing resolution for FY 83 (P.L.97-377).


Summary of instructions

Only one certification need have been filed or be filed by August 15, 1983 for all three types of funds. One CWS-101 may be filed for the directly allotted and re-allotted 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, FY 1983
Enclosure 2 - Hypothetical FY 1983 Foster Care Allotments
Enclosure 3 - Title IV-B Hypothetical Allotments at $266M
Enclosure 4 - Transfer of Funds. from title IV-E-FC to IV-B- Example for FY 1983