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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-IM-83-4	2. Issuance Date: June 6, 1983
	3. Originating Office: Children's Bureau
	4. Key Words: CWS Plans for Title IV-B Grants to Eligible Indian Tribes under Section 428 of the Social Security Act

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

SUBJECT:    Joint Planning and Submission of Child Welfare Service Plans for Direct Title IV-B Grants to Eligible Indian Tribes Under 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 and 42 U.S.C. Section 5103(b)(3); 45 CFR 1355.30, 1357.10(c), 1357.15, 1357.25 and 1357.40

CONTENT:   This transmittal provides information for joint Indian Tribes - Federal development of the Tribes's Child Welfare Services Plans.

JOINT PLANNING:   45 CFR 1357.40 requires that each eligible Indian Tribe applying for a direct title IB-B grant have a Child Welfare Services Plan (CSWP) that has been jointly developed by designated Tribal and Federal representatives. 45 CFR 1357.40 also defines the "joint planning" process as 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 achieve those improvements and to enhance the capability of the Tribe in providing child welfare services. The Tribal Child Welfare Services Plan is intended to be a statement of the Tribe's plan for developing and strengthening the child welfare services program. The Federal role in the joint planning process and in the development of the plan document is collaborative and supportive of the Tribe's efforts. It is not intended that the Federal role will supersede the goals and wishes of the Tribe but that the relationship will be supportive and complementary. This memorandum describes a four part process for the joint development of the Child Welfare Services Plan by Tribal staff and Federal staff of the Administration for Children, Youth and Families (ACYF). Also included in Attachments "A" and "B" are a listing of the title IV-B requirements and an outline of suggested steps to be taken in the joint planning process and the development of a Tribe's CWSP. The CWSP may be submitted in a format developed by the Tribe, however, the following process may be useful in development of the plan:

1. Review and Documentation of Title IV-B Requirements
   
   A critical first step in the joint planning process is Tribal and Federal review of implementation of title IV-B legislative and regulatory requirements including:
   
   
   • The requirements of section 422(a) and (b)(2)-(8) of the Social Security Act;
   • The requirements of section 4276(a) and (b);
   • 45 CFR 1355.21, State Plan requirements for Title IV-B [and IV-E]
   • 45 CFR 1355.30, Other Applicable Regulations;
   • 45 CFR 1357.15, CWSP Requirements and Submittal;
   • 45 CFR 1357.40, Direct Payment to Indian Tribal Organizations. The plan development team should jointly review each requirement and the Tribe's conformity with it. Each Child Welfare Services Plan should include a statement of compliance with the requirements and an action plan to achieve unmet requirements. A suggested format for signifying compliance with the requirements is attached. (Attachment A)
   
   
2. Development of a Long Range Strategy for Program Improvement
   
   In the Child Welfare Services Plan the Long Range Strategy is the product of three interdependent processes:
   
   
   • analysis of the services needs of children, youth and families;
   • selection of unmet needs to be addressed in the plan; and
   • development of goals and objectives to implement program improvements. A needs analysis is an essential element in the development of an effective strategy for strengthening and extending child welfare services. It is a review and comparison of the services needs of Indian children, youth and families and of the program requirements in relation to the nature, scope and availability of services. The need analysis assists the Tribe in identifying problems in the delivery of services, assesses the adequacy of the services delivery system, and suggests appropriate program modifications to address the unmet services needs. All unmet needs identified in the needs analysis will not necessarily be addressed in the Tribe's Child Welfare Services Plan. A decision must be reached on which of the unmet services needs will be included in the Long Range Strategy. This decision involves several considerations:
     • evidence of gaps or deficiencies in the Tribe's ability to meet the Title IV-B requirements and
     • evidence of significant gaps or deficiencies in current services. The goals included in the Long-Range Strategy should express the expected outcomes of the Tribe's efforts to improve and strengthen child welfare services over the next one to three years. Goals and objectives should include a statement indicating in measureable terms a target related to goal attainment and should specify a time for completion of the activity. Goals and objectives may be developed and presented in a format chosen by the Tribe.
   
   
3. Development of the Annual Summary
   
   The Annual Summary of Child Welfare Services consists of three parts:
   
   
   • The estimate of expenditures for child welfare services by service according to the funding source, and the estimated number of clients to be served. For two or three year plans, the annual summary may be submitted each year with the budget request or the full summary for two or three years may be submitted with the plan.
   • A description of all child welfare services to children and their families in the Tribe and specification by political subdivision, if appropriate, of the geographic areas where these services will be available (section 422(b)(5) of the Act). This document should also identify services to be introduced or changed during the plan period and the approximate time for the changes.
   • Subsequent annual summaries should include a report on the status of goals and objectives from the previous plan including accomplishments and problems and efforts to resolve them.
   
   
4. Preparation and Submission of the Annual Budget Request (CWS-101)
   
   The Annual Budget Request (CWS-101) will be approved by the Regional Office, ACYF, when the Tribe has submitted to the Regional Office a jointly developed Child Welfare Services Plan which is in effect. Tribal plans and budget requests must be submitted by August 15 to allow for Regional Office final review and processing of the direct grant. With the completion of these four steps and the documentation applicable to each, the CWSP will represent a full statement of the Tribe's plan for developing and strengthening its child welfare services program.

EFFECTIVE DATE:   Effective upon issuance.

INQUIRIES:   Regional Program Director for Children, Youth and Families (Attachment C).

Signed:   Clarence E. Hodges Commissioner

Attachments:

Attachment A: Assurance - A Tribal Certification form indicating which title IV-B requirements have not been met.
Attachment B: Suggested steps in Developing CWSP
Attachment C: List of ACYF Regional Program Directors.