ACF-IM-92-16 August 3, 1992

ACF Administration for Children and Families	U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES Administration for Children, Youth and Families
	1. Log No.: ACF-IM-92-16	2. Issuance Date: August 3, 1992
	3. Originating Office: Children's Bureau
	4. Key Word: Title IV-B Allotments, Reallotments and transfers

INFORMATION MEMORANDUM

TO: State Agencies Administering or Supervising the Administration of Title IV-B of the Social Security Act.

SUBJECT: Fiscal Year (FY) 1992 Allotments for Title IV-B and Procedures for Applyinq for:

Funds Representinq the Difference Between What a State Has Been Awarded and Its Full Share of Funds Available Under Title IV-B in FY 1992;
Realloted IV-B Funds; and
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 (the Act) and 45 CFR 1355.30, 1356.65, 1356.70, 1357.30 and 1357.40.

CONTENT: This transmittal establishes the procedure for States to follow in order to apply for:

Title IV-B funds available to a State from the remainder of its full share of FY 1992 funds;
Title IV-B FY 1992 funds that will become available for reallotment to other States; and
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 1992 are the same as those that were in effect in FY 1991. They are again detailed below, with updated information on the amounts of funds available.

ACTION REQUIRED: Date and place to send requests

To be eligible to receive any funds under title IV-B (funds allotted or reallotted under title IV-B or transferred to title IV-B) during FY 1992, States must send requests to the Administration on Children, Youth and Families (ACYF) as detailed under items (1), (2) and (3) below. Requests will NOT BE CONSIDERED if they are not received by ACYF on or before August 24 or postmarked registered or certified mail no later than August 19. There will be no exceptions, since all State requests must be taken into account in determining the amount of awards.

The original request should be sent to:

Administration on Children, Youth and Families
Children's Bureau
P.O. BOX 1182
Washington, D.C. 20013
(Overnight Mail Address)

Administration on Children Youth and Families
Children's Bureau
330 C Street, S.W., Room 2070
Washington, D.C. 20201

A copy should be sent at the same time to the appropriate Administration for Children and Families' Regional Administrator(Attachment 1)

Funds available to a State from its share of FY 1992 funds Under the appropriation for FY 1992, Congress has approved a total of $273,911,000 for title IV-B (Child Welfare Services). The allotments for each State at the levels of $141,000,000 and $273,911,000 are listed in Attachment 2.

States are advised that, under section 428 of the Social Security Act (the Act) and 45 CFR 1357.40, direct grants are made to eligible Indian Tribal organizations (ITOs) that apply. Awards to ITOs are made from the allotment of the State(s) in which the ITO or a portion of it is located.

To receive its share of $141,000,000, a State must meet the general requirements of the title IV-B Program, including jointly planning its child welfare services with the ACF Regional staff and submitting a properly completed Form CWS-101,including both the Annual Summary of Child Welfare Services and the Annual Budget Request.

To receive the remainder of its full share of the additional funds up to $273,911,000, a state must, in addition to the requirements stated above:
1. Certify that it is meeting the requirements of section 427 of the Act. (States that have certified previously that they are eligible need not recertify unless they have withdrawn their certification and have not recertified);
2. Be meeting and continue to meet the requirements of section 427 of the Act;
3. Submit to ACYF a revised Annual Budget Request incorporating the additional funds requested up to the State's share of $273,911,000 or whatever portion of its share over $141,000,000 a State can obligate during FY 1992;
4. Jointly plan with ACF Regional staff the use of those funds applied for; and,
5. Submit to ACYF an Annual Summary of Child Welfare Services incorporating the additional section 427 protections to be provided.

Title IV-B FY 1992 funds that will become available for reallotment to other states

Some States may not use all of the title IV-B funds allotted to them for FY 1992, either because they do not meet the requirements of Section 427 of the Act or because they cannot obligate all of the funds during FY 1992.

To be eligible to apply for reallotted FY 1992 title IV-B funds, a State must meet all of the conditions listed under (1)(a) through (e), above.

Failure of a State to apply for its share of funds up to $141,000,000 or $273,911,000 by the required date will be considered equivalent to certification that the funds will not be required by the State during FY 1992, in accordance with 45 CFR 1357.30 (g)(2).

Those funds will then be available for reallotment to other States.

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 to title IV-B funds not needed for foster care under title IV-E-Foster Care. For purposes of possible transfer, hypothetical title IV-E foster care allotments have been calculated on the same basis as if they were mandatory (Attachment 3). The Act mandates that a State's allotment limitation be the higher amount under paragraph (A) or (B) of section 474(b)(3). Therefore, Attachment 3 shows the amount of the hypothetical foster care allotment limitation and indicates the paragraph, ((A) or (B)), which resulted in the greater amount.

To apply for the transfer, a State must:

Have submitted or submit Forms IV-E-12 (Quarterly Report of Expenditures and Estimates) for the quarters ended December 31, 1991, March 31, 1992 and June 30, 1992, with Column (a) of Parts I and II (Current Quarter Expenditures) and Part IX completed.

Meet the requirements of 1(a), (b) and (d), above, regarding section 427 and joint planning, incorporating the additional services to be provided;

Submit a revised Annual Summary of Child Welfare Services incorporating the additional services to be provided; and

Submit a SEPARATE CWS 101 Annual Budget Request requesting the funds to be transferred (Attachment 5).

Transfers of funds are limited in two ways

Under 45 CFR 1356.70(a)(3), the total funds any State may transfer to title IV-B may not, when added to the funds received under title IV-B directly or by reallotment ((l) an d (2)above), exceed the amount the State would have been allotted under title IV-B if $325,000,000 had been appropriated and allotted to States (Attachment 4); and

Funds are limited to the amount made available to the Department by the Congress under the appropriation for FY 1992.

SUMMARY: The State or ITO must have certified its eligibility for section 427 to be eligible to receive any of the three types of funds including: (1) those directly allotted under title IV-B, (2) those reallotted from funds not used by other States under title IV-B and (3) those transferred from title IV-E-Foster Care. One CWS-101 must be filed for the directly allotted and reallotted funds (See paragraphs (1) and (2).) A separate CWS-101 must be filed for transfer funds (See paragraph 3.) States which have not yet requested the full amount of their allotments and wish to do so are strongly encouraged to send their revised CWS-101 requesting the increased amounts under their allotments as soon as possible. States may request a share of reallotted funds on the same CWS- 101.

To reiterate: In order to apply for any of the funds discussed above, a State must send to ACYF, as detailed above, the necessary requests and reports. Requests will NOT BE CONSIDERED if they are not received by ACYF on or before August 24 or postmarked as United States postal service registered or certified mail no later than August 19.

There will be no exceptions, since all State requests must be taken into account in determining the amount of awards.

EFFECTIVE DATE: Effective upon issuance.

INQUIRIES: ACF Regional Administrators (See Attachment 1)

Wade F. Horn, Ph.D.
Commissioner

Attachments:

Attachment 1:   List of ACF Regional Administrators
Attachment 2:   FY 1992 Title IV-B Table at $273,911,000 and $141,000,000
Attachment 3:   Hypothetical FY 1992 Foster Care Allotments
Attachment 4:   FY 1992 Title IV-B Table at $325,000,000
Form CWS-101