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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-84-5 2. Issuance Date: April 27, 1984
3. Originating Office:Children's Bureau
4. Key Word:Final Date for FY 84 Tribal Applications Title IV-B

PROGRAM INSTRUCTION

TO:   Indian Tribes, Indian Tribal Organizations And Other Interested Individuals

SUBJECT:   Final Date for Fiscal Year 1984 Tribal Applications for Title IV-B 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), 1357.40; ACYF-PI-83-3 (June 6, 1983), ACYF-IM-83-4 (June 6, 1983); and ACYF-IM-84-2 (February 1, 1984)

BACKGROUND:   Several Indian Tribal Organizations have indicated to ACYF regional offices their intent to apply for FY 1984 title IV-B (section 428) grants. Certain time limits for application are necessary since title IV-B funds must be obligated in the year in which they are awarded.

INSTRUCTION:   Any Federally recognized Indian Tribe or Indian Tribal Organization (ITO) or consortium of eligible Tribes authorized by the membership of the Tribe to act for them is eligible to apply for section 428 grant funds if:

  1. The Indian Tribe is providing under a P.L. 93-638 (Indian Self Determination and Education Assistance Act) contract with the Secretary of the Interior child welfare services which would otherwise be provided directly by the Secretary of the Interior; and
  2. The Indian Tribe or consortium has a plan for child welfare services that is jointly developed by the Tribe and ACYF 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 the development of goals and objectives to enhance the capability of the Tribe in providing child welfare services. (A more detailed discussion of joint planning and the application process may be found in ACYF-PI-83-3 (June 6, 1983) and ACYF-IM-83-4 (June 6, 1983).)

Eligible ITOs should request these materials from their appropriate ACYF regional office, if interested in applying for a direct title IV-B (section 428) grant. These materials should be used in conjunction with ACYF-IM-84-2, issued February 1, 1984 (attached), which contains the current list of potentially eligible Tribes with accompanying FY 1984 Tribal allotments. August 15, 1984 is the latest date a completed Child Welfare Services Plan and an Annual Budget Request for title IV-B Funds (Form CWS-101) may be received in the ACYF regional office for eligible Tribes to receive Fiscal Year 1984 grant funds. Tribes applying for the first time, however, must provide written notice to the ACYF regional office by May 31, 1984 of their intent to secure a Fiscal Year 1984 title IV-B (section 428) grant. Section 428 grant funds are diverted from the title IV-B grant funds of States in which Tribes are located; therefore, sufficient time is needed to complete the Tribal-Federal joint planning, to approve the grants in a timely manner and to notify and award States the funds available to them.

In addition, Tribes and Tribal Organizations wishing to secure Fiscal Year 1984 title IV-B grants for the first time must be prepared to provide to the ACYF regional office staff with sections of their P.L. 93-638 contracts which specify that child welfare services are being provided by the contracting Tribes. Where Tribes are currently negotiating such a contract with the Department of the Interior, joint Federal-Tribal planning cannot be initiated until such a contract has been completed.

EFFECTIVE DATE:   Effective upon issuance.

INQUIRIES TO: Regional Program Directors for the Administration for Children, Youth and Families.
  Lucy C. Biggs
  Acting Commissioner
  Administration for Children, Youth and Families

Attachment-   List of ACYF Regional Offices