PLEASE NOTE: This policy issuance has been withdrawn in its entirety and should be used only for historical or reference purposes.
| ACF Administration for Children and Families |
U.S. DEPARTMENT OF HEALTH AND HUMAN
SERVICES |
||
| 1. Log No.: ACYF-PI-84-6 | 2. Issuance Date: May 30, 1984 | ||
| 3. Originating Office: Children's Bureau | |||
| 4. Key Word: Section 427, 428 | |||
TO: Indian Tribes and Tribal Organizations and State Child Welfare Agencies
SUBJECT: Deadline for Fiscal Year 1984 Certification of Eligibility Under Section 427 of the Social Security Act for Indian Tribes and Indian Tribal Organizations (ITO)
STATUTORY AND REGULATORY REFERENCES: Sections 421, 422, 423, 427, 428, 472 and 475 of the Social Security Act; 45 CFR 1357.25 and 45 CFR 1357.40.
BACKGROUND: Indian Tribes and Indian Tribal Organizations (ITO)located in States eligible to receive funds under section 427 of the Social Security Act may certify eligibility for funds under section 427.
INSTRUCTION: Section 427 requires that certain foster care protections must be in place if a State or Tribe is to be eligible for additional funds over its share of $141 million. Compliance with the law requires actual operation of the service programs and other protections to eligible children and their families.
To meet the requirements of section 427(a) and to be eligible for additional funds for fiscal year 1984, the inventory of Indian children in foster care required in section 427(a)(1) must be completed and the Statewide information system described in section 427(a)(2)(A) must be in operation. The case review system, listed as a requirement under section 427(a)(2)(B) and defined in section 475(5), must be implemented and operating to the extent that all children in foster care under the supervision of the Indian Tribe or Tribal Organization have case plans and receive timely reviews by September 30, 1984.
The ITO's service program to help children return to their families or to be placed for adoption (section 427(a)(2)(C)) must be in operation and arrangements must be in place to assure appropriate delivery of services to all children and families in need of them.
To be eligible for fiscal year 1984 funds, ITOs initially certifying eligibility in fiscal year 1984 must have implemented and be operating the required protections and service programs by September 30, 1984. Section 422 requires that for title IV-B funds to be made available, the Tribe or ITO must have a plan for child welfare services which has been jointly developed by the Secretary and the Tribe or ITO and meets the requirements of this section. Any funds awarded under section 427 are title IV-B funds and are subject to the joint planning requirement. This requirement may have been met during development of the Long Range Strategy of the Child Welfare Services Plan or can be met through a jointly developed addendum to the Long Range Strategy.
ACTION REQUIRED: Tribes or ITOs which have not previously certified eligibility for funds under section 427 and which have implemented and are operating the protections, or will have implemented them and have them operating in fiscal year 1984, must submit the following:
- The "Certification of Eligibility for Additional Funds under
section 427 of the Social Security Act", (attached) in which the
ITO certifies that it is meeting the requirements of section
427(a); The original form and one copy should be submitted to the
Regional Program Director for Children, Youth and Families. An
additional copy should be sent directly to:
- Mr. Keith Moon
- Associate Commissioner
- Children's Bureau
- P.O. Box 1182
- Washington, D.C. 20013
- The original revised Annual Budget Request (CWS-101) should be
sent to:
- Formula Grants Branch
- Management Services Division
- Administration for Children, Youth and Families
- P.O. Box 1182
- Washington, D.C. 20013
One copy should be sent to the Regional Program Director for Children, Youth and Families. The forms must be received no later than August 15 for funds to be available during fiscal year 1984. Any Tribe or ITO whose certification is not received by August 15, 1984 will not be eligible for funds available over $141 million for fiscal year 1984. Also, dollars not requested by August 15 are available for reallotment. Tribes and ITOs certifying eligibility under section 427 will be reviewed by Federal staff in fiscal year 1985 to verify eligibility. Tribes and ITOs which certified eligibility under section 427 in fiscal year 1983 will be reviewed in fiscal year 1984. A Tribe or ITO with no children in foster care for whom it has placement and care responsibility may still be eligible for section 427 funds. However, the administrative procedures must be available to provide the required protections to any child who might come into care.
| INQUIRIES TO: | Regional Program Directors,ACYF |
| Lucy C. Biggs | |
| Acting Commissioner | |
| Administration for Children, Youth and Families |
Attachment A- State Certification of State Certification of Eligibility for Additional Funds Under Section 427 of the Social Security Act
