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Home > Laws & Policies > Policy/Program Issuances > Program Instructions > PI-01-02

ACF
Administration for Children and Families

U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES
Administration for Children, Youth and Families

1. Log No.: ACYF-CB-PI-01-02 2. Issuance Date: February 13, 2001
3. Originating Office: Children's Bureau, ACYF
4. Key Word: Chafee Foster Care Independence Program (CFCIP), Youth, Title IV-E, Child and Family Services Plan, Title IV-B, Foster Care, Independent Living, Youth Development

PROGRAM INSTRUCTION

TO:   State Agencies and Territories Administering or Supervising the Administration of Title IV-E of the Social Security Act (the Act); and State Independent Living Coordinators.

SUBJECT:   June 30, 2001 Submission of the Chafee Foster Care Independence Program State Plan for Fiscal Years 2001-2004.

LEGAL AND RELATED REFERENCES:   Sections 471, 472, 474, 475, and 477 of Title IV-E of the Social Security Act; Title I, Improved Independent Living Program, Public Law 106-169, Foster Care Independence Act of 1999. This Program Instruction supercedes ACYF-CB-PI-00-04, dated April 16, 2000.

PURPOSE:   The purpose of this Program Instruction (PI) is to provide guidance and instructions to States on the development of the Chafee Foster Care Independence Program (CFCIP) State plan application for Federal fiscal years (FYs) 2001- 2004.

BACKGROUND:   The Foster Care Independence Act of 1999 (P.L.106-169) was enacted into law on December 14, 1999, amending section 477 of the Social Security Act (the Act). This legislation makes additional funds available to States and provides them with greater flexibility in carrying out programs designed to help youth make the transition from foster care to self-sufficiency.

One of the provisions contained in the legislation is the development of a State application. Section 477(b)(1) of the Act provides that "a State may apply for funds from its allotment under subsection (c) for a period of five consecutive fiscal years by submitting to the Secretary, in writing, a plan that meets the requirements of paragraph (2) and the certifications required by paragraph (3) . . ." Consistent with Departmental priorities, the CFCIP plan for FYs 2001-2004 will be integrated into the existing five-year title IV-B Child and Family Services Plan (CFSP), thereby bringing CFCIP program activities more directly into the continuum of State child welfare services, and placing them within the same time frame as the CFSP. States will be required to submit their CFCIP plan to their ACF Regional Offices (Attachment D) by June 30, 2001, in conjunction with the title IV-B Annual Progress and Services Report (APSR).

In FY 2000, the Administration for Children and Families (ACF) implemented an abbreviated application process for awarding available CFCIP funds in an expeditious manner. States were required to describe their plans and progress made in developing programs that comported with the purposes of the Foster Care Independence Act of 1999, and also to address the application requirements in Section 477(b) of the Act. Moreover, since many States had already applied for FY 2000 Independent Living funds in their June 30, 1999 title IV-B Child and Family Services Plan (CFSP) under earlier statutory requirements which were no longer in effect, a new application was necessary.

States that applied for the CFCIP funds for FY 2000 must report on the progress made to implement CFCIP and the accomplishments for FY 2000. For further information, see the Program and Fiscal Reports section of this PI. Additionally, the information provided in the FY 2000 program report should be, in part, the basis for the new 4-year CFCIP plan. States should build on the progress made, and develop goals and services based on what was learned in FY 2000.

Currently, in accordance with the requirements of 45 CFR 1357.15, States must include in their Child and Family Services Plan and the APSR information on their independent living programs under title IV-E of the Act. In order to help States plan comprehensively for the full array of child welfare services, from prevention and protection through permanency, we are requiring States to consolidate their CFSP and the CFCIP plans. Such consolidation also reduces duplicative information requirements for the CFSP and the CFCIP plans. This consolidation is consistent with both the requirements in the statute (see section 477(b)(3)(F)) and the regulation on the comprehensive CFSP (45 CFR 1357.15).

In order to integrate the CFCIP Plan into the CFSP, States applying for their FY 2001 CFCIP funds must submit a four-year (FY 2001-2004) CFCIP State plan with the APSR, due no later than June 30, 2001. This will place it within the same time frame as the CFSP, with an ending date of September 30, 2004. Annually thereafter, an update to the CFCIP State plan will be incorporated within the APSR.

Consolidation of the CFS and CFCIP State plans does not allow for pooled funding among the programs, since separate funding streams and accountability are still required by statute. States must comply with statutory and regulatory provisions as they apply to their title IV-B, CAPTA and independent living (title IV-E) programs. Eligibility and funding for the individual programs remain separate and funding will not be delayed for one program due to potential eligibility issues in the other program. To the extent that there are overlapping requirements, they will be satisfied by the one submission, and to the extent that the requirements do not overlap, they are to be submitted in the same document. However, only the requirements pertinent to a particular program will affect eligibility for that program.

Eligible Participants: The statute specifically requires States to provide assistance and services to youth who have left foster care because they attained 18 years of age, and have not yet attained 21 years of age. States also must serve youth likely to remain in foster care until 18 years of age, commensurate with the State criteria used to determine eligibility for the program. States may also serve former foster care recipients. States are permitted to serve youth younger than 16 through the provision of age-appropriate services. Title IV-E foster care eligibility is no longer a requirement for service eligibility under CFCIP, as it was under the former statute.

Availability of Funds: Under Section 477(c)(1) of the Act, each State is allotted an amount of funds which bears the same ratio as the number of children in foster care in that State bears to the total number of children in foster care in all States in the most recent fiscal year for which such information is available. Data submitted by States into the Adoption and Foster Care Analysis and Reporting System's (AFCARS) FY 1999 national database will be used to calculate States' FY 2001 allotments.

Attachment C is a table of the State allotments for FY 2001 totaling $137,900,000. The allotments for FY 2001 are based on an appropriation of $140 million less a one and one-half percent (1 1/2%) set aside for Federal evaluation, technical assistance, performance measurement and data collection (Section 477(g)(2)).

Non-Supplantation: In accordance with Section 477(d)(2), funds awarded under the CFCIP shall be used to supplement and not supplant any other State funds previously expended for the same general purposes in the State. The base year for determining the amount of funds expended by the State for the CFCIP is Federal Fiscal Year 1999. States are required to spend an amount of State funds for each year of the CPSP that at minimum equals the amount of State funds expended for the general purposes identified in Section 477(a)(1-5) of the Act in FY 1999.

Reallotment of Funds: The law contains no provision for the reallotment of funds. If a State chooses not to apply for the total amount of available CFCIP funds, or fails to meet the application requirements set forth in Section 477(b)(1-5), then the amount of funds not applied for will be returned to the U.S. Treasury at the end of the fiscal year in which they were appropriated.

INSTRUCTIONS:   In order for a State to receive its CFCIP allotment for FY 2001 and future allotments for FYs 2002-2004 the State must submit a CFCIP State plan to ACF for approval. The State plan must include the following in order to be considered complete:

Attachments A and B must be signed and dated by the State's Chief Executive Officer or delegate (if authorized by state law). The information provided by a State in the State plan will remain in effect unless amended by the State in accordance with Section 477(b)(5), and approved by ACF.

Part I - Program Plan Narrative

Part I of the application is the detailed narrative of the State plan addressing the applicable sections of the Act. The following components must be included in the narrative section of the State plan:

  1. Provide a statement that identifies the State agency or agencies that administers, supervises or oversees the programs carried out under the plan (Section 477(b)(2)).

  2. Provide a statement that indicates that the State agency will cooperate in national evaluations of the effects of the independent living programs implemented to achieve its purposes (Section 477(b)(2)(F)).

  3. Describe how the State has designed and conducts its programs to achieve the purposes of section 477(b)(2)(A) and section 477(a)(1-5) of the Act to:

    1. Help youth make the transition to self-sufficiency;
    2. Help youth receive the education, training and services necessary to obtain employment;
    3. Help youth prepare for and enter postsecondary training and educational institutions;
    4. Provide personal and emotional support to youth through mentors and the promotion of interactions with dedicated adults; and,
    5. Provide financial, housing, counseling, employment, education and other appropriate support and services to former foster care recipients between 18 and 21 years of age.

    Services to Youth Ages 18 - 20: Section 477(a)(5) permits States to provide services to youth ages 18 through 20 years old who left foster care and have not reached their twenty-first birthday. States are required to provide services (including room and board) to, and expend funds on behalf of, youth who left foster care because they attained 18 years of age, but have not yet attained 21 years of age (Section 477(b)(3)). In the State plan, States should describe the approaches being used to address these provisions.

    Room and Board: The State must develop a reasonable definition of "room and board" and provide the definition in the State Plan. The State plan must include a description of the approach(s) being used to make available room and board to 18 through 20 year olds. States are required to certify (by signing the Certification form in Attachment B) in their State plans that no more than 30 percent of their allotment of Federal funds will be expended for room and board for youth who left foster care because they attained 18 years of age, but have not yet attained 21 years of age.

  4. Briefly describe how all political subdivisions in the State are served by the program (if not in a uniform manner, please explain) (Section 477(b)(2)(B)).

  5. Describe how youth of various ages and at various stages of achieving independence, are to be served, particularly with regard to services for (1) youth under 16, (2) youth 16 - 18 and (3) youth 18 through 20 (Section 477(b)(2)(C)).

    The description should include the identification of State statutory and/or administrative barriers, if any, which, in order to facilitate the State serving a broader range of eligible youth, need to be eliminated or amended. States should also discuss how they are developing services for those individuals "likely to remain in foster care until age 18" (Section 477(a)(1-3)). Some identifiers of individuals "likely to remain in foster care until 18" include, but are not limited to, age, ethnicity, presenting problems, case histories, and individual case goals and objectives.

  6. Describe how the State involves the public and private sectors in helping adolescents in foster care achieve independence. Beginning in FY 2000, States have had an opportunity to conduct meetings and plan activities with various partners and stakeholders to design and develop a CFCIP State plan for fiscal years 2001 to 2004. States should describe in detail how public and private organizations representing a wide range of stakeholders and consumers, in particular Indian Tribes, were consulted in the development of the State plan.

    States should describe their efforts: (1) to coordinate with "other Federal and State programs for youth (especially transitional living programs funded under Part B of the Juvenile Justice and Delinquency Prevention Act of 1974 - see listing of programs in Attachment E), abstinence programs, local housing programs, programs for disabled youth (especially sheltered workshops), and school-to-work programs…", and; (2) to consult with and coordinate with "each Indian tribe in the State" and ensure "that benefits and services under the program will be available to Indian children in the State on the same basis as to other children in the State" (certifications F and G, section 477(b)(3)). Also, States are encouraged to coordinate services with other relevant programs, including, but not limited to, the Court Improvement Program, Community Action Agencies, and Medicaid.

    Subtitle C, section 121 of P.L. 106-169 permits States to expand Medicaid eligibility for youth transitioning from foster care. The State plan should describe how the state has utilized, or is coordinating efforts to utilize, the option under this law to expand Medicaid to provide services to youth ages 18 to 20 years old who have aged out of foster care. A State may provide Medicaid to all young people under the age of 21 who were in foster care under the responsibility of the state on their eighteenth birthday, or to "reasonable categories" of this group. If the State does not choose to provide Medicaid to all young people under the age of 21 who were in foster care under the State's responsibility on their eighteenth birthday, the State plan should describe what "reasonable categories" of children it has chosen to provide Medicaid services to, if any.

    Also, in order to fulfill the intent of the Act, which is in keeping with positive youth development, States are strongly encouraged to include youth, those presently in care as well as former foster youth, as critical stakeholders in the development of the State plan (Section 477(b)(2)(D)).

  7. Describe the objective criteria the State uses for determining eligibility for benefits and services under the programs, including the process for developing the criteria (Section 477 (b)(2)(E)).

  8. Describe how the State ensures fair and equitable treatment of benefit recipients (Section 477 (b)(2)(E)).

Public Comment:     Certification E of Section 477(b)(3)(E) requires States to provide "all interested members of the public at least 30 days to submit comments on the plan". In preparing the State plan application, States should describe how the comments received from the public (both written and oral), influenced the contents of the State Plan.

Amendments To The Plan: In accordance with Section 477(b)(5), a State may implement any amendment to their CFCIP State plan as long as the amendment would be approvable under the provisions of the Act regarding the State Plan's purposes and certifications. However, within 30 days of implementation, the State must notify the ACF Regional Office of the amendment.

CFCIP Questions and Answers: Since the law's enactment, a variety of questions have been raised regarding the CFCIP. Many of these questions and their answers can be found on the Children's Bureau web site at http://www.acf.hhs.gov/j2ee/programs/cb/laws_policies/laws/cwpm/policy.jsp?idFlag=3, or are available from the ACF Regional Offices listed in Attachment D.

Part II - CFCIP Funds Requested

Cost-Sharing Requirements:     Under Section 474(a)(4) of the Act, the Federal government will pay 80% of the total amount of funds expended by the State (less any penalties) up to the amount of CFCIP funds allotted to the State. The State must provide matching contributions to cover the additional 20% of the costs. Matching contributions may be in cash or in-kind contributions of services, equipment, or property, and may originate with a third party. The State matching contribution, whatever its nature, must be used for the purposes described in Section 477(a) of the Act. To the extent that State funds are used to meet the match, they must satisfy the requirements of 45 CFR 92.24. States should consult these specific regulations for a full and accurate understanding of the requirements.

In accordance with Section 477(d)(3) of the Act, States must expend yearly allotments of funds by the end of the fiscal year following the fiscal year in which they were awarded. Therefore, FY 2001 CFCIP funds must be expended by September 30, 2002.

Request for Funds:    A State must identify the amount of Federal funds for which it is applying in the following format. Indicate the amount (up to 30% of the total State allocation of Federal funds) to be used for room and board and specify the 20% State match amount. State dollars used to purchase property are not allowable as a match source. The amount of Federal funds requested must not exceed the State allotment identified in Attachment C.

CFCIP Funds Requested

Federal Funds Requested $ ____________________________________________________
   
State Match Amount $ ____________________________________________________
   
Sources $ ____________________________________________________

$ ____________________________________________________

$ ____________________________________________________
   
Amount of Federal Funds to be Used for Room and Board $ ____________________________________________________
   
States must also complete line 9 of the CFS-101 that they submit with their Annual Progress and Services Report by June 30, 2001.
   
I certify that I am authorized to submit the CFCIP application for FY 2001 funds in the State of ________________________________.
   
Application submitted by:
   
____________________________________________
Name
   
____________________________________________
Title
   
____________________________________________
Signature
   
____________________________________________
Date
   
Approval Date: ____________________________________________
   
________________________________________________________________
Signature of ACF Regional Administrator or Hub Director

PROGRAM AND FISCAL REPORTS:

Program Reports and Data Collection:

The CFCIP report for activities conducted during FY 2000 is due no later than June 30, 2001. The report should be included as part of the multi-year CFCIP State plan. The report must contain the following information:

  1. an accurate description of the CFCIP services provided and activities conducted, including programs modified, expanded or newly established (e.g., life skills training, tutoring and other educational assistance, housing, employment and mental health counseling), and their current status of implementation; and other collaboration activities undertaken to achieve the purpose set forth in section 477(b)(3)(F) of the Act;

  2. a complete record of the purposes for which funds were expended (section 477 (a)(1-5));

  3. a statement regarding the extent to which the funds assisted youth 18-21 in making the transition from foster care to self-sufficiency (section 477(a)(5)); and

  4. additional information for use by the Secretary in assessing and evaluating the State's foster care independent living (CFCIP) programs (sections 477(b)(4), (f) and (g)). This information must include:

    1. a detailed description of the number and demographic characteristics of the eligible population for fiscal year 2000 (October 1, 1999 to September 30, 2000) and a detailed description of individuals served during that period: e.g., age, sex, race/ethnicity, current placement (foster family, group home, transitional living apartment) or living situation, special needs status, educational and/or employment status, marital or parental status and duration in foster care.

    2. a statement of the results achieved upon discharge or voluntary termination, and 90 days later: e.g., number of youth employed, have completed high school or a GED program, are pursuing post-secondary opportunities, have a stable living situation, and/or are accessing other community resources, if necessary (TANF, Welfare-to-Work, Medicaid); together with a description of the criteria employed to measure those achievements.

We anticipate that subsequent updates of the CFCIP program (FY's 2001-2004) will be a part of the yearly child welfare Annual Progress and Services Report (APSR).

Section 477(f) and (g) of the Act requires the development and implementation of a data collection system comprised of outcome measures and data elements designed to assess the performance of States in operating independent living programs; to track the number, characteristics of children and youth receiving services; and to assess the type and quantity of services provided under the Act. The Department is presently engaged in the developmental work associated with designing, testing and refining both the outcome measures and data elements. Once the outcome measures and data elements are developed and approved by the Office of Management and Budget (OMB), States will receive additional guidance on the new reporting requirements under a separate Program Instruction.

Fiscal Reports: Expenditures under CFCIP are to be reported by States on a Standard Form 269 (SF-269), Financial Status Report. To minimize the reporting burden, SF-269s will be required on an annual basis. Reports will be due 90 days after the end of each reporting period (October 1 - September 30). The final report for FY 2000 funds will be due December 31, 2001, ninety (90) days after the end of the two-year expenditure period. The SF-269 with original signatures should be sent to the appropriate Hub Director or Regional Administrator with a copy to ACYF at the following address:

Administration for Children, Youth and Families
Office of Management Services, Room 1416
330 C Street, SW
Washington, D.C. 20447

A negative grant award will be issued to States to recoup unobligated and/or unliquidated funds reported on their final Financial Status Report.

SUBMITTALS:

CFCIP State plans will be reviewed and approved by the Administration for Children and Families (ACF) Regional or Hub Offices in conjunction with the title IV-B Child and Family Services plan. The closing date for the receipt of CFCIP plans for FYs 2001 - 2004 is June 30, 2001. States are encouraged to submit their CFCIP State Plan earlier than the June 30 closing date in order for ACF to award FY 2001 funds to States as expeditiously as possible.

An original and one copy of the plan must be submitted by the State to the appropriate Regional Administrator or Hub Director (Attachment D). A copy also should be sent to:

Administration on Children, Youth and Families (ACYF)
330 C Street, S.W.
Washington, D.C. 20447
Attention: Children's Bureau
Division of Program Implementation/CFCIP

INQUIRIES TO:     ACF Regional Administrators or Hub Directors, Regions I-X

            /s/
___________________________________
James A. Harrell
Acting Commissioner
Administration on Children, Youth and Families

ATTACHMENTS

Attachment A: FY 2001 CFCIP Checklist
Attachment B: CFCIP Program Certifications
Attachment C: FY 2001 CFCIP State Allotments
Attachment D: ACF Regional and Hub Offices Contacts
Attachment E: Transitional Living Programs for Homeless Youth - FY 2001 Grantees