ACYF-IM-85-10 March 11, 1985

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-85-10	2. Issuance Date: March 11, 1985
	3. Originating Office: ACYF/MSD/Formula Grants Branch
	4. Key Word:Direct Grants to Eligible ITO's; P.L. 96-272

INFORMATION MEMORANDUM

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

SUBJECT: Apportionment of Direct Grants to Eligible Indian Tribes and Indian Tribal Organizations: Section 428 of the Social Security Act.

LEGAL AND RELATED REFERENCES: Section 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) & (d), 1357.25(d), 1357.40; and ACYF-PI-83-3 (June 6, 1983) and ACYF-IM-83-4 (June 6, 1983).

CONTENT: For FY 1985, the appropriation for the Child Welfare Services State Grant Program (title IV-B of the Social Security Act) is $200 million. In order to be eligible for a direct grant at the amount of their share of $141 million, an Indian Tribal Organization (ITO) must meet the requirements of 45 CFR 1357.40(a) (e) and (g). In order to be eligible for any funds above that level, an ITO must:

be located in a State meeting the requirements of section 427(a) or (b) of the Act,
be meeting the same requirements and
certify that it is meeting the requirements.

Direct title IV-B grants to ITO's are paid from the title IV-B allotment of the State or States in which the ITO is located. If an ITO is located in more than one State, funds are paid from the allotment of each State in which the ITO is located.

Title IV-B allotments for ITO's are calculated by computing the amount of funds per child in the State multiplied by the ITO population under age 21 in the State and multiplied (or weighted) by a factor of 1.4. This factor, (similar to Territories) is used to compensate for the low tribal income.

In order to receive funds potentially available to it, the ITO must provide at least 25% of the total funds expended by the ITO for Child Welfare Services. The Federal share is 75 percent of the total, up to the amount listed in the attached table. The ITO's total expenditures may be greater than the amount needed to draw down the Federal funds, but the Federal reimbursement is limited. In filling out the Annual Budget Request, (see attachment B for an example) the ITO should enter both its name and the name of the State in which it is located in the upper left hand corner. The ITO should enter the total ITO and Federal funds it will expend during the Federal fiscal year in item IA (regardless of the amount of reimbursement available) and the Federal share of the total in item IB, up to the maximum amount listed in the attached table for which the ITO is eligible. ITO's must also have jointly planned the use of the funds and must have submitted an Annual Summary of Child Welfare Services to ACYF. Within 30 days after each quarter has ended, the ITO must file a quarterly expenditure report, using the Financial Status Report, SF-269 (copy attached).

ACTION REQUIRED: Eligible ITO's should submit an Annual Budget Request and an Annual Summary of Child Welfare Services to:

Formula Grants Branch
Management Support Division, ACYF
P.O. Box 1182
Washington, D.C. 20013

A copy of the Annual Budget Request and the Annual Summary of Child Welfare Services and the original of the State Plan or update should be sent to the appropriate Regional Office, ACYF.

Dodie Livingston
COMMISSIONER

Attachments

Attachment A:   Potentially eligible ITO's and the FY 1985 Title IV-B Allotments.
Attachment B:   Sample Annual Budget Request.
Attachment C:   Financial Status Report (SF 269) Note: Attachment not available online