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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-04-02	2. Issuance Date: February 2, 2004
	3. Originating Office: Children's Bureau
	4. Key Words: Title IV-B Child and Family Services Tribal Plan

PROGRAM INSTRUCTION

To: Indian Tribes or Indian Tribal Organizations Administering or Supervising the Administration of Title IV-B, subparts 1 and/or 2, of the Social Security Act

Subject: June 30, 2004 Submission of: (1) the Child and Family Services Plan (CFSP) Final Report required for title IV-B of the Social Security Act (the Act); (2) the fiscal years (FYs) 2005 - 2009 Child and Family Services Plan for Child Welfare Services and Promoting Safe and Stable Families Programs, and (3) the CFS-101, Parts I and II, Annual Budget Request and Annual Summary of Child and Family Services.

Legal and Related References: Title IV-B, subparts 1 and 2; 45 CFR 1357; Indian Child Welfare Act.

Purpose: This Program Instruction (PI) provides guidance to Tribes on actions they are required to take in order to receive their allotments for fiscal year 2005 (subject to the availability of appropriations) authorized under title IV-B, subparts 1 and/or 2. The final allocations for these programs for FY 2004 are attached. (See Attachment A.) The amounts for the title IV-B and other discretionary programs in the FY 2004 appropriation bill were reduced by a statutory across-the-board reduction of .59%, resulting in slightly fewer dollars to distribute.

In order to receive funds for FY 2005, Tribes must develop and submit, by June 30, 2004:

• A final report for FYs 2000-2004 on services provided under the CFSP

• A five-year Child and Family Services Plan for FYs 2005-2009 integrating the Tribe's title IV-B, subparts 1 and/or 2,

• The CFS-101, Parts I and II.

Background: Since the CFSP process began in 1994 there have been two complete five-year plan cycles (FYs 1995 through3999 and FYs 2000-2004). The next CFSP is due June 30, 2004 for FYs 2005-2009.

A primary purpose of the plan is to integrate programs that serve children and families under title IV-B, subparts 1 and/or 2 of the Social Security Act (the Act), into a continuum of services for Tribal children and their families. Tribes should plan comprehensively for the full array of child welfare services, from prevention and protection through permanency.

Federal regulations at 45 CFR 1357 specify when they apply to Tribes. These regulations refer to numerous plan consolidation requirements and timelines that were useful at the introduction of the plan integration concept, but have since passed. The obsolete regulations and other variances in the current law and regulations are listed at Attachment B. The required elements of the comprehensive five-year Tribal CFSP, the annual report of progress and the final report on the progress made toward accomplishing the goals and objectives in the CFSP, however continue to be applicable.

Throughout these ten years, the Children's Bureau has utilized the Program Instruction (PI) method of informing and instructing Tribes regarding the CFSP and the programs involved. A review of these documents may be useful in preparing the next CFSP. Attachment C lists the earlier PIs and provides a brief description of what has been emphasized in each. These PIs can be found on the internet at www.acf.hhs.gov/programs/cb/laws_policies/index.htm#policy.

Child and Family Service Plan

After each five-year plan, Tribes must base the development of the next five-year plan on a final review of the accomplishments and identified needs from the previous five-year plan, including any new information. The goals and objectives of the plan should continue to address the following areas:

• the well-being of children and families;
• the needs of children and families; and
• the nature, scope, and adequacy of existing child and family and related social services.

The Children's Bureau recognizes that preparation of the CFSP is a long-term process. We presume that Tribes are well into the process of preparing the CFSP, which begins with updating the agency vision, assessing the state of child welfare services, and consulting/coordinating, and joint planning for the CFSP. The Children's Bureau provided the ACF Regional Offices with a document "Preparing for the FY 2005-2009 Child and Family Services Plan" to be shared with Tribes in anticipation of this PI. This information is located at Attachment D. Please refer to that piece for more specific assistance on the beginning phases of the CFSP process.

The Tribe has numerous opportunities to interact with the State for the benefit of Tribal children. As a requirement, States must specifically include Tribes in their collaboration/coordination activities in the State CFSP and are encouraged to include Tribes in the State Child and Family Services Review (CFSR) process. The State must provide a description, developed in consultation with Indian Tribes in the State, of the specific measures the State uses to comply with the Indian Child Welfare Act. In addition, the State CFSP must describe the arrangements, jointly developed with the Indian Tribes within its borders, made for the provision of the child welfare services and protections in section 422(b)(10) to Indian children under both State and Tribal jurisdiction. Further, under the Chafee Foster Care Independence Act, States must certify that "each Indian tribe in the State has been consulted about the programs to be carried out under the plan; there have been efforts to coordinate the programs with such tribes; and benefits and services under the programs will be made available to Indian youth in the State on the same basis as to other youth in the State" [Section 477(b)(3)(G)]. State agencies and Tribes must also exchange copies of CFSPs and APSRs. Tribes are encouraged to take advantage of these consultation requirements to assure that Tribal children receive the benefits of State/Tribal cooperation.

Instruction: This section describes the requirements Tribes must meet to receive their allotments for title IV-B funds.

For FY 2005: The final report, the FY 2005-2009 CFSP, and the CFS-101, Parts I and II for FY 2005 must be submitted to ACF by June 30, 2004. The final report and the five-year CFSP must meet the requirements of 45 CFR 1357 and title IV-B, subparts 1 and 2 of the Act.

For FY 2004: If the Tribe has not requested the funds it has been allocated on the CFS-101, Part I for FY 2004 by June 30, 2004, its title IV-B funds for FY 2004 will be reallotted.

A. Final Report for Fiscal Years 2000-2004 for the CFSP

Each Tribe must conduct a review of the progress made toward accomplishing the goals and objectives in the CFSP. When conducting the final review, the Tribe must involve the agencies, organizations, and individuals that are a part of the on going CFSP-related consultation and coordination process. The final report may be submitted in the format of the Tribe's choice.

The final report must include the progress made on the goals and objectives for FYs 2000 -2004, as follows:

1. A description of the specific accomplishments and progress made toward meeting each goal and objective in the Tribe's CFSP, including information on outcomes for children and families, and a more comprehensive, coordinated, effective child and family services continuum. In describing the accomplishments and progress in the final report, Tribes should incorporate their baseline data and information and the CFSP annual reviews conducted as required by the Annual Program and Services Report (APSR). The final report should address barriers, unexpected events, etc. that may have had an impact on the accomplishment of the plan's goals and objectives.

2. Any other information the Tribe wishes to include.

The final report must also be made available to the public.

B. Five-Year Child and Family Services Plan

Development of the new CFSP continues the Tribes' opportunity to implement a system of coordinated, integrated, culturally relevant, family-focused services. Tribes should review the service principles at 45 CFR 1355.25. The process of coordination and collaboration implemented during the previous plan development, and continued annually for the Annual Progress and Services Report (APSR), should be continued in the development of the CFSP for FYs 2005 - 2009. The initial baseline information, as updated in each APSR, must serve as a basis for the development of the Tribe's CFSP vision, goals, objectives, funding, and service decisions. The development of the CFSP for FYs 2005-2009 must be based on information in the final report for FYs 2000-2004, and meet the requirements of the Child and Family Services Plan.

Tribes must provide the following information in the CFSP:

1. Tribal agency administering the programs: Tribes must identify the Tribal agency that will administer the title IV-B programs under the plan. The CFSP must include a description of the organization and function of the office responsible for the operation and administration of the CFSP, an organizational chart of that office, and a description of how that office relates to Tribal and other offices operating or administering services programs within the Tribe's service area.

2. Child and Family Services Continuum: Tribes must describe the child and family services continuum including child abuse and neglect prevention, intervention, and treatment services and foster care. Tribes must explain how its services will be linked to, coordinated with, or integrated into other services in the child and family services continuum.

3. Consultation process: The Tribe must describe the consultation process used to obtain the active involvement of those providing child and family services within the Tribes area of jurisdiction. The consultation must involve: all appropriate offices and agencies within the service delivery area, State or county child welfare directors or representatives, both public and private non-profit agencies, parents, representatives of agencies administering Federal and federally assisted programs such as Head Start, schools, maternal and child health programs, etc.

4. Service Description: Tribes must describe the services (including child abuse and neglect prevention, intervention, treatment services and foster care) and the family support/preservation services they provide. The description must include services currently available to families and children; the extent to which each service is available and being provided in different geographic areas and to different types of families; and important gaps in service, including mismatches between available services and family needs as identified through baseline data and the consultation process. Tribes must describe how services will be coordinated with services or benefits under Federal and federally assisted programs serving the same population.

5. Estimated expenditures for above services: Tribes must provide the estimated expenditures for the described services.

6. Assurances: Tribes are to submit the assurances located at Attachment E and submit them with the CFSP or include the assurances as part of the CFSP narrative.

7. Plan availability: The Tribe must make the CFSP available to interested parties. The plan must describe how the CFSP will be made available. Also, State agencies and Tribes must exchange copies of their CFSPs and their APSRs.

Current Executive Initiatives:

The Bush Administration has developed several major initiatives in areas that it feels will benefit children, adults, and society. The Department's Healthy Marriages, Responsible Fatherhood, Youth Development, Rural, and Faith-based and Community initiatives are consistent with the overall goals of the safety, permanency and well-being of children. In past PIs we have emphasized these initiatives, giving particular attention to the healthy marriage initiative. Attachment C refers to the prior PIs with information on the initiatives. We encourage Tribes to propose creative approaches to achieving the goals of these initiatives in the context of the child welfare system and to describe current and future activities associated with these initiatives.

Submittals:

In summary of the above instructions, Tribes must submit to their ACF Regional Office, by June 30, 2004:

• an original and one copy of the final report;
• an original and one copy of the CFSP;
• the CFS-101, Parts I and II for FY 2004, applicable if the Tribe has been allotted and requests, more than its current request for funds indicates
• the CFS-101, Parts I and II for FY 2005;
• Certifications and Assurances as applicable

Tribes may submit the documents as a paper copy, or at their option, on a 3.5 diskette, or as an attachment to an e-mail to the Regional Office. If a Tribe chooses to submit electronically, a paper copy of the original signed CFS-101 is still required. The Regional Office will forward a copy of the approved CFS-101 to the ACF Central Office.

Financial Status Reports (SF-269)

Tribes are required to submit the SF-269 fiscal report for expenditures under each subpart of title IV-B at the end of each 12 months (October 1-September 30) of the two-year expenditure period. The SF-269 fiscal report covering the first 12-month budget period is the interim report and the report covering the entire grant period is the final report. Both reports are due 90 days after the end of the fiscal year (December 31). The required 25 percent Tribal match must be reported on the final fiscal report. Funds under title IV-B must be expended by September 30 of the fiscal year following the fiscal year in which the funds were awarded.

Since the discretionary funds under title IV-B, subpart 2 are to be expended for the same purposes as the mandatory funds, no separate reporting is required to distinguish between the expenditure of the two amounts. Grantees are to report the cumulative amount on the financial status report (SF-269). Funds reported as unobligated on the final financial status report will be recouped from the discretionary amount first.

Submit the original SF-269 to your ACF Regional Office and a copy to the following address:

Division of Mandatory Grants
Office of Administration
Administration for Children and Families
370 L'Enfant Promenade, S.W.
Washington, D.C. 20447

A negative grant award will recoup unobligated and/or unliquidated funds reported on the final financial status report (SF-269). Tribes must report their match on the final SF-269 also in order to avoid a negative award issuance toward the funds claimed.

We would like to stress the importance of filing the CFS-101 and the subsequent SF-269 with the Regional Office. These forms are essential to the financial management of the program. Funds cannot be disbursed without a correct CFS-101. Likewise, funding will be withheld or withdrawn if the SF-269 is not submitted or is submitted incorrectly. Please work with your Regional Office to assure that the Tribe is timely and accurate in its form submission.

Paperwork Reduction Act:

Under the Paperwork Reduction Act of 1995 (Public Law 104-13), an agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB Control Number. The Control Number for this OMB approved information collection is 0980-0047.

Inquiries To: ACF Regional Offices

/s/ Joan E. Ohl Commissioner Administration on Children, Youth and Families

Attachments

Attachment A:	Promoting Safe and Stable Families (PSFF) Tribal FY 2004 Allocations HTML or PDF (9 KB) Title IV-B, Subpart 1 - Child Welfare Services Tribal Child Population and Federal Share of Funds Fiscal Year (FY) 2004 Allotments HTML or PDF (28 KB)
Attachment B:	Current Variances in Title IV-B Provisions of Law and Regulation HTML or PDF (93 KB)
Attachment C:	CFSP/APSR Program Instruction (PI) Grid HTML or PDF (81 KB)
Attachment D:	Preparing for the FY 2005-2009 Tribal Child and Family Services Plan HTML or PDF (14 KB)
Attachment E:	Title IV-B Child And Family Services Plan: Assurances HTML or PDF (14 KB)
Attachment F:	CFS-101, Part I: Annual Budget Request for Title IV-B, Subparts 1 and 2, CAPTA, Chafee Foster Care Independence (CFCIP) and Education and Training Voucher (ETV) Program Instructions HTML or PDF (15 KB) CFS-101, Part II: Annual Summary of Child and Family Services Instructions HTML or PDF (17 KB) CFS-101, Part II: Annual Summary of Child and Family Services Form HTML or PDF (23 KB)
Attachment G:	Regional Administrators HTML or PDF (67 KB)