ACYF-IM-93-19 07-30-93

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-93-19	2. Issuance Date: 7/30/93
	3. Originating Office: Children's Bureau
	4. Key Word: Title IV-B Allotments and Reallotments

INFORMATION MEMORANDUM

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

SUBJECT: Fiscal Year (FY) 1993 Allotments for Title IV-B and Procedures for Applying for: (1) Funds Representing the Difference Between What a State Has Been Awarded and Its Full Share of Funds Available Under Title IV-B in FY 1992; and (2) Realloted IV-B Funds.

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 1993 funds;
Title IV-B FY 1992 funds that will become available for reallotment to other States.

The procedures that a State must follow in order to receive title IV-B funds for FY 1993 are the same as those that were in effect in FY 1992, with one exception. The provision for the transfer of funds from title IV-E to title IV- B no longer remains in effect.

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) during FY 1993, States must send requests to the Administration on Children, Youth and Families (ACYF) as detailed under items (1) and (2) below.

Requests will NOT BE CONSIDERED if they are not received by ACYF on or before August 25 or postmarked registered or certified mail no later than August 20. 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 1993 funds

Under the appropriation for FY 1993, Congress has approved a total of $294,624,000 for title IV-B (Child Welfare Services). The allotments for each State at the levels of $141,000,000 and $294,624,000 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 $294,624,000, 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 $294,624,000 or whatever portion of its share over $141,000,000 a State can obligate during FY 1993;
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 1993 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 1993, 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 1993.

To be eligible to apply for reallotted FY 1993 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 $294,624,000 by the required date will be considered equivalent to certification that the funds will not be required by the State during FY 1993, in accordance with 45 CFR 1357.30

(g)(2). These funds will then be available for reallotment to other States.

SUMMARY: The State or ITO must have certified its eligibility for section 427 to be eligible to receive any of the funds directly allotted under title IV-B or reallotted from funds not used by other States under title IV-B. A CWS-101 must be filed for the directly allotted and reallotted funds as described in paragraphs (1) and (2). 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 25 or postmarked as United States postal service registered or certified mail no later than August 20. 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)

Joseph A. Mottola
Acting Commissioner

Attachments:

Attachment 1: List of ACF Regional Administrators
Attachment 2: FY 1994 Title IV-B Tables at $294,624,000 and $141,000,000
Attachment 3: Indian Tribes Currently or Potentially Eligible for Direct Grants under Section 428 Child Population and Federal Share of Funds - Fiscal year 1993
Form CWS-101