| ACF Administration for Children and Families |
U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES
Administration for Children, Youth and Families |
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| 1. Log No.: ACYF-CB-PI-00-04 | 2. Issuance Date: April 20, 2000 | ||||
| 3. Originating Office: Children's Bureau | |||||
| 4. Key Word: Chafee Foster Care Independence Program (CFCIP); Youth; Foster Care; Independent Living; Youth Development | |||||
TO: State Agencies and Territories Administering or Supervising the Administration of Title IV-E of the Social Security Act (the Act); and State Independent Living Coordinators
SUBJECT: June 30, 2000 Submission of the Chafee Foster Care Independence Program Application.
LEGAL AND RELATED REFERENCES: Sections 471, 472, 474, 475, and 477 in Title IV-E of the Social Security Act; Title I, Improved Independent Living Program, Public Law 106-169, Foster Care Independence Act of 1999.
This Program Instruction (PI) supersedes ACYF-PI-93-16 issued on 12-10-93.
PURPOSE: The purpose of this Program Instruction (PI) is to instruct States on how to apply for Fiscal Year 2000 funds under the Chafee Foster Care Independence Program (CFCIP).
BACKGROUND: On 12-14-99, the Foster Care Independence Act of 1999 (P.L.106-169) was enacted into law. P.L.106-169 amended Section 477 of the Social Security Act (the Act) to provide States with more funding and greater flexibility in carrying out programs designed to help youth make the transition from foster care to self sufficiency.
For FY 2000, our goal is to award the CFCIP funds in as expeditious a manner as possible. We recognize that many States had already applied for FY 2000 Independent Living funds in their June 30, 1999 Title IV-B Child and Family Services Plan (CFSP). Since these applications were made under the previous statutory requirements, and other States have yet to apply for FY 2000 funds, we are implementing an abbreviated application process for FY 2000 only. Accordingly, all States must submit an application for CFCIP funds under this Program Instruction.
The new provisions of P.L.106-169 will require States to re-examine and revise their standards and guidelines regarding service eligibility. Moreover, consistent with Congressional intent and Department priorities, we will be integrating the CFCIP five-year plan with the CFSP. States will have an opportunity to implement a well-conceived and considered plan to accomplish this goal. For FY 2000, in lieu of a 5-year CFCIP plan, we are asking States to submit an application that describes their plans and progress made in developing programs that comport with the purposes of the Foster Care Independence Act of 1999 and address the application requirements in Section 477(b) of the Act. Separate guidance will be issued on the application procedures and program guidance for FY 2001 and future years.
Additionally, once the CFCIP plan is fully integrated into the CFSP, annual updates will be required to be incorporated into the Annual Progress and Services Report (APSR). States will be required to provide an update in the FY 2001 APSRs on their progress toward implementing the CFCIP during FY 2000.
The effective date of the Chafee Foster Care Independence Program is December 14, 1999.
FINANCIAL INFORMATION
AVAILABILITY OF FUNDS: Under Section 477(c)(1) of the Act, each State is allotted an amount which bears the same ratio as the number of children in foster care in that State bears to the total number of children in foster care in all States in the most recent fiscal year for which such information is available. Attachment C is a table of the State allotments for FY 2000. The allotments for FY 2000 are based on an appropriation of $105 million minus a 1 1/2 percent set aside for Federal evaluation, technical assistance, performance measurement and data collection (Section 477(g)(2)) for a total of $102,900,000.
COST-SHARING REQUIREMENTS: Under Section 474(a)(4) of the Act, the Federal government will pay 80% of the total amount of funds expended by the State, less any penalties, up to the amount allotted to the State. The State must provide matching contributions to cover the additional 20% of the costs. To the extent that State funds are used to meet the match, they must satisfy the requirements of 45 CFR Part 92. States should consult the regulations directly for a full and accurate understanding of the requirements. Also, in accordance with Section 477(d)(2), funds awarded under the CFCIP shall be used to supplement and not supplant any other funds available for the same general purposes in the State.
Eligible matching contributions may be cash or in-kind contributions of services, equipment, or property; and may originate with a third party. The State matching contribution, whatever its nature, must be used for the purposes described in Section 477(a) of the Act. For FY 2000 only, each State should use Part II of Attachment A to identify the total amount of the allotted funds that it will apply for in FY 2000, and specify the 20% match amount. In addition, in accordance with section 477(d)(3) of the Act, States must expend funds by the end of the fiscal year following the fiscal year in which they were awarded. Therefore, FY 2000 CFCIP funds must be expended by September 30, 2001.
REALLOTMENT OF FUNDS: The new law contains no provision for the reallotment of funds. If a State chooses not to apply for the total amount of CFCIP funds available to it, or fails to meet the application requirements as set forth in Section 477(b)(1)(2)(3)(4) and (5), then the amount of funds for which the State has not applied for will be returned to the U.S. Treasury at the end of the fiscal year in which the funds were appropriated.
INSTRUCTIONS: In order for a state to receive its CFCIP allotment as set forth in section 477(c)(1) of the Act, the State must submit an application that meets the statutory requirements, as outlined in this Program Instruction. The information provided in the application will be considered permanent and will remain in effect unless amended by the State in accordance with Section 477(b)(5), and approved by ACF.
Attachment A is an optional format for preparing the FY 2000 application. Part I of Attachment A is an outline for organizing the application narrative describing the required components of the State Plan. Part II of Attachment A requires identification of both the amount of Federal funds the State is requesting and the 20% match amount for FY 2000. States should also identify the source(s) (i.e., State or third party in-kind, cash, etc.) of the 20% match. The amount of Federal funds requested must not exceed the State allotment identified in Attachment C. States should identify what amount (up to 30% of the total) of the State allotment will be used for room and board. A signed and dated copy of Attachment A, page 3 and Attachment B should be attached to the completed application.
CONSULTATION REQUIREMENTS: The State's Chief Executive Officer or delegate (as authorized by State law) must certify that public and private organizations representing a wide range of stakeholders and consumers, in particular Indian Tribes, are consulted in the development of the CFCIP 5-year plan. Also, we strongly encourage the involvement of young people, those presently in care as well as former foster care youth, in the planning activities. The involvement of these groups is critical in planning and implementing a continuum of age-appropriate independent living services for youth within the broader spectrum of child welfare. In view of the abbreviated application process for FY 2000, States should enter the date (in the spaces provided) the consultation activities began relating to certifications #6 and #8 of Attachment B.
TRAINING REQUIREMENTS: In accordance with Section 477(b)(3)(D) of the Act, States must provide training to help foster parents, adoptive parents, workers in group homes and case managers understand and address the issues confronting adolescents preparing for independent living, and must, to the extent possible, coordinate such training with the independent living program conducted for adolescents. We expect States to integrate the training specified under this section into their overall Title IV-B child welfare training plans.
DEFINITION OF ELIGIBLE PARTICIPANTS: With the exception of the "room and board" provision, the new law gives States great flexibility to define who will be eligible for services under CFCIP. Section 477(a)(1) defines one of the purposes as serving "children who are likely to remain in foster care until 18 years of age" and former foster care recipients, ages 18-20. The new law encourages States to serve youth younger than 16 through the provision of age-appropriate services. Title IV-E foster care eligibility is no longer a requirement for service eligibility under CFCIP. In the CFCIP application, States should identify and describe the youth they intend to serve under the new law or briefly discuss their plans and/or progress made regarding developing a definition for identifying a child "likely to remain in foster care until age 18" (Section 477(a)(1-3)). Some identifiers to be considered include, but are not limited to, demographics, presenting problems, case histories and individual case goals and objectives.
In accordance with Section 477(b)(3)(A), States must certify that funds will be expended for services, including room and board, for youth who have left foster care because they have attained 18 years of age, but have not attained 21 years of age.
ROOM AND BOARD: States are required to certify in their 5-year plans that no more than 30 percent of their allotments of Federal funds will be expended for room or board for "children who have left foster care because they have attained 18 years of age, and who have not attained 21 years of age" (Section 477(b)(3)(B)).
While "room and board" has no statutory definition, it typically includes housing and food. These are the most expensive and essential items that youth 18-20 may not be able to cover with their own incomes. States may set a reasonable definition of "room and board" that could include rental deposits, utilities and other expenses that may be included with the rent. States should consider a range of age and developmentally appropriate housing options for the youth receiving services under the CFCIP program. States currently providing room and board to eligible participants may describe the present services and in the application briefly explain how they intend to expand and/or strengthen this service component. Those without a currently operating system for fulfilling the "room and board" provision should address their plans for implementing this requirement in their FY 2000 application, Attachment A, Part I, # 2.
States may obligate and expend funds for room and board as of December 14, 1999, the law's date of enactment.
SERVICES TO 18 - 20 YEAR OLDS: Under the previous law, States had the option to provide services (with the exception of room and board) to 18-20 year olds. The new law requires the provision of services to youth in this age range who either have "aged out of foster care" or were formerly in foster care and have not reached their twenty-first birthday. States currently serving this age group should describe the services being provided and detail in the application narrative how they intend to expand and/or strengthen this service component. Those without a current approach for serving this age group should address their plans for developing and implementing a service approach for this population in their FY 2000 application, Attachment A, Part I, #2.
CERTIFICATIONS: Section 477(b)(3) of the law mandates that program certifications, specified in Attachment B, be submitted with the application. While some of the certifications may already be in effect, it is anticipated that States will need additional time to fully address others. Certification E of Section 477(b) (Attachment B, #6) requires States to provide "all interested members of the public at least 30 days to submit comments on the plan". For FY 2000 only, the 30-day public comment period may begin no later than with the submission of the FY 2000 application to the ACF Regional Office. States will be allowed to submit amended plans due to any proposed changes resulting from the comment period.
SUBMITTALS: CFCIP applications will be reviewed and approved in the Administration for Children and Families (ACF) Regional or Hub Offices. The closing date for the receipt of all applications for FY 2000 is June 30, 2000.
ACF strongly recommends that States prepare and submit their applications for FY 2000 funds as early as possible upon receipt of this PI. FY 2000 grant awards cannot be issued until the State's application is reviewed and approved by the appropriate Regional or Hub office and the approval document is transmitted to the ACF Central Office. States that submit incomplete applications will be notified in writing and will be given 30 days from date of notification to complete the application.
Once a State's application has been approved, the State may obligate and expend CFCIP funds retroactive to December 14, 1999, the date of enactment of Public Law 106-169, for costs incurred for services not previously authorized under the former Independent Living Program. FY 2000 CFCIP funds may be obligated and expended as of October 1, 1999, for costs incurred for services authorized under the former Independent Living Program. States are reminded that expenditures for FY 2000 must be made by September 30, 2001.
An original and one copy of the application must be submitted by the State to the appropriate Regional Administrator or Hub Director (Attachment E). A copy also should be sent to:
- Administration on Children, Youth and Families (ACYF)
- 330 C Street, S.W.
- Washington, D.C. 20447
- Attention: Children's Bureau
- Division of Program Implementation
FISCAL AND PROGRAM REPORTS
FISCAL REPORTS: Expenditures under CFCIP are to be reported by States on a Standard Form 269 (SF-269), Financial Status Report. To minimize the reporting burden, SF-269s will be required on an annual basis. Reports will be due 90 days after the end of each reporting period (October 1 - September 30). The final report for FY 2000 funds will be due 90 days after the end of the two-year expenditure period, or December 31, 2001. SF-269 reports with original signatures should be sent to appropriate Hub Director or Regional Administrator (RA) with a copy to ACYF at the following address:
- Administration for Children, Youth and Families
- Office of Management Services
- 330 C Street, SW
- Washington, D.C. 20447
A negative grant award will be issued to States to recoup unobligated and/or unliquidated funds reported on their final Financial Status Report. Also, States should be aware that, under the requirements of 45 CFR Part 92 and OMB Circular A-87, any use of Federal CFCIP funds for the purchase of equipment having a unit cost in excess of $5,000 requires prior approval of the granting agency. Requests for approval of any such purchase should be directed to the appropriate RA or Hub Director. In the case of a purchase requiring prior approval, the RA or Hub Director will reply in writing.
In addition, while we encourage a wide range of housing options for youth in fulfillment of the Act's room and board provision, Federal funds may not be used for the acquisition of real property. Also, State dollars used to purchase property do not qualify as a match source.
PROGRAM REPORTS: The new law at Section 477(f) requires the Secretary "to develop and implement a plan to collect needed information" beginning October 1, 2001. More information and specific guidance addressing this statutory requirement will be provided in the FY 2001 PI.
Separate from this process, States must report on their progress toward implementing the new program and its 1st year activities. The report on CFCIP FY 2000 activities should be included in the Title IV-B Annual Progress and Services Report (APSR) that is due in June 2001. This is an attempt to encourage States to integrate CFCIP into the CFSP. More information on program reporting will be available in the forthcoming FY 2001 CFCIP Program Instruction and the PI that will be issued for the APSR in 2001.
| INQUIRIES TO: | ACF Regional Administrators or Hub Directors, Regions I-X |
| Patricia Montoya | |
| Commissioner | |
| Administration on Children, Youth and Families |
ATTACHMENTS
Attachment
A- FY 2000 CFCIP Application Narrative
Preprint
Attachment
B- CFCIP Program Certifications
Attachment
C- FY 2000 CFCIP State Allotments
Attachment D- Transitional Living Programs for
Homeless Youth Grantees - FY 2000
