PART 1357—REQUIREMENTS APPLICABLE TO TITLE IV-B Authority: 42 U.S.C. 620 et seq., et seq.; § 1357.10 Scope and definitions. (a) Scope. (b) Eligibility. (c) Definitions. Child and Family Services Plan (CFSP) Child welfare services (1) Protecting and promoting the welfare and safety of all children, including individuals with disabilities; homeless, dependent, or neglected children; (2) Preventing or remedying, or assisting in the solution of problems which may result in the neglect, abuse, exploitation, or delinquency of children; (3) Preventing the unnecessary separation of children from their families by identifying family problems and assisting families in resolving their problems and preventing the breakup of the family where the prevention of child removal is desirable and possible; (4) Restoring to their families children who have been removed and may be safely returned, by the provision of services to the child and the family; (5) Assuring adequate care of children away from their homes, in cases where the child cannot be returned home or cannot be placed for adoption; and (6) Placing children in suitable adoptive homes, in cases where restoration to the biological family is not possible or appropriate. Children Community-based services Families Family preservation services (1) Preplacement preventive services programs, such as intensive family preservation programs, designed to help children at risk of foster care placement remain with their families, where possible; (2) Service programs designed to help children, where appropriate, return to families from which they have been removed; or be placed for adoption, with a legal guardian, or, if adoption or legal guardianship is determined not to be appropriate for a child, in some other planned, permanent living arrangement; (3) Service programs designed to provide follow-up care to families to whom a child has been returned after a foster care placement; (4) Respite care of children to provide temporary relief for parents and other caregivers (including foster parents); (5) Services designed to improve parenting skills (by reinforcing parents' confidence in their strengths, and helping them to identify where improvement is needed and to obtain assistance in improving those skills) with respect to matters such as child development, family budgeting, coping with stress, health, and nutrition; and (6) Case management services designed to stabilize families in crisis such as transportation, assistance with housing and utility payments, and access to adequate health care. Family support services (1) Services, including in-home visits, parent support groups, and other programs designed to improve parenting skills (by reinforcing parents' confidence in their strengths, and helping them to identify where improvement is needed and to obtain assistance in improving those skills) with respect to matters such as child development, family budgeting, coping with stress, health, and nutrition; (2) Respite care of children to provide temporary relief for parents and other caregivers; (3) Structured activities involving parents and children to strengthen the parent-child relationship; (4) Drop-in centers to afford families opportunities for informal interaction with other families and with program staff; (5) Transportation, information and referral services to afford families access to other community services, including child care, health care, nutrition programs, adult education literacy programs, legal services, and counseling and mentoring services; and (6) Early developmental screening of children to assess the needs of such children, and assistance to families in securing specific services to meet these needs. Joint planning [61 FR 58655, Nov. 18, 1996] § 1357.15 Comprehensive child and family services plan requirements. (a) Scope. (i) Child welfare services under title IV-B, subpart 1; and (ii) Family preservation and family support services under title IV-B, subpart 2. (2) For States only, the CFSP also must contain information on the following programs: (i) The independent living program under title IV-E, section 477 of the Act; and (ii) The Child Abuse and Neglect State grant program (known as the Basic State Grant) under the Child Abuse Prevention and Treatment Act (CAPTA) (42 U.S.C. 5101 et. seq.). (3) States must meet all requirements of this section except those that apply only to Indian Tribes. Indian Tribes must meet the requirements of this section only as specified. (4) States and eligible Indian Tribes have the option to phase-in the requirements for a consolidated CFSP. The consolidated CFSP requirements must be in place by June 30, 1997 and meet the requirements of 45 CFR 1357.16. (b) Eligibility for funds. (2) States and Indian Tribes that are consolidating the requirements for a CFSP in FY 1995, in accordance with § 1357.15(a), must submit the CFSP and a CFS-101 for FY 1995 and 1996 by June 30, 1995. (3) States and eligible Indian Tribes choosing to phase-in the requirements for a consolidated CFSP in FY 1996 and 1997 must submit the CFSP, the CFS-101 for FY 1995 for subpart 1 and 2, and the CFS-101 for subpart 2 for FY 1996 by June 30, 1995. (4) The CFSP will be approved only if the plan was developed jointly by ACF and the State (or the Indian Tribe), and only after broad consultation by the State (and the Indian Tribe) with a wide range of appropriate public and non-profit private agencies and community-based organizations with experience in administering programs of services for children and families (including family preservation and support services). (5) By June 30, 1996, each grantee must submit and have approved the first Annual Progress and Services Report and a CFS 101 for FY 1997 that meets the statutory and regulatory requirements of title IV-B, subparts 1 and 2. (6) The Annual Progress and Services Report will be approved if it was developed jointly by ACF and the State (or the Indian Tribe) and if it meets the requirements of 45 CFR 1357.16. (7) The five-year CFSP for FYs 1995-1999 may be submitted in the format of the State's or the Indian Tribe's choice and must be submitted no later than June 30, 1995, to the appropriate ACF Regional Office. (c) Assurances. (1) The State or Indian Tribe must assure that it will participate in any evaluations the Secretary of HHS may require. (2) The State or Indian Tribe must assure that it will administer the CFSP in accordance with methods determined by the Secretary to be proper and efficient. (3) The State or Indian Tribe must assure that it has a plan for the training and use of paid paraprofessional staff, with particular emphasis on the full-time or part-time employment of low-income persons, as community service aides; and a plan for the use of nonpaid or partially paid volunteers in providing services and in assisting any advisory committees established by the State or Tribe. (4) The State or Indian Tribe must assure that standards and requirements imposed with respect to child care under title XX shall apply with respect to day care services, if provided under the CFSP, except insofar as eligibility for such services is involved. (d) The child and family services plan (CFSP): general. (1) broad involvement and consultation with a wide range of appropriate public and non-profit private agencies and community-based organizations, parents, including parents who are involved or have experience with the child welfare system, and others; (2) coordination of the provision of services under the plan with other Federal and federally assisted programs serving children and families, including youth and adolescents; and (3) collection of existing or available information to help determine vulnerable or at-risk populations or target areas; assess service needs and resources; identify gaps in services; select priorities for targeting funding and services; formulate goals and objectives; and develop opportunities for bringing about more effective and accessible services for children and families. (e) State agency administering the programs. (2) The CFSP must include a description of the organization and function of the State agency and organizational charts as appropriate. It also must identify the organizational unit(s) within the State agency responsible for the operation and administration of the CFSP, and include a description of the unit's organization and function and a copy of the organizational chart(s). (f) Indian Tribal organization administering the program(s). (2) The Indian Tribe's 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 Indian Tribe's service area (e.g., Indian Health Service.) (g) Vision Statement. (h) Goals. (i) Objectives. (2) For States and Indian Tribes administering the title IV-B, subpart 1 program, the CFSP must include objectives to make progress in covering additional political subdivisions, reaching additional children in need of services, expanding and strengthening the range of existing services, and developing new types of services. (j) Measures of progress. (k) Baseline information. (2) The State must collect and analyze State-wide information on family preservation and family support services currently available to families and children, including the nature and scope of existing public and privately funded family support and family preservation services; 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. Other services which impact on the ability to preserve and support families may be included in the assessment. The Indian Tribe must collect and analyze information on family preservation and family support services currently available within their service delivery area including the information in this paragraph as appropriate. An Indian Tribe may submit documentation prepared to satisfy the requirements of other Federal child welfare grants, or contracts (such as the section 638 reporting form), along with a descriptive addendum addressing specifically the family preservation and family support services available. (3) The CFSP must include a summary of the information used in developing the plan; an explanation of how this information and analysis were used in developing the goals, objectives, and funding and service decisions, including decisions about geographic targeting and service mix; a description of how information will be used to measure progress over the five-year period; and how this information will be used to facilitate the coordination of services. (l) Consultation. (2) The Indian Tribe's CFSP must describe the consultation process appropriate to its needs and circumstances used to obtain the active involvement of major actors providing child and family services within the Tribe's area of jurisdiction. (3) For States and Indian Tribes, the consultation process must involve: (i) All appropriate offices and agencies within the State agency or within the Indian Tribal service delivery system (e.g., child protective services (CPS), foster care and adoption, the social services block grant, reunification services, independent living, and other services to youth;) (ii) In a State-supervised, county-administered State, county social services and/or child welfare directors or representatives of the county social services/child welfare administrators' association; (iii) A wide array of State, local, Tribal, and community-based agencies and organizations, both public and private nonprofit with experience in administering programs of services for infants, children, youth, adolescents, and families, including family preservation and family support services; (iv) Parents, including birth and adoptive parents, foster parents, families with a member with a disability, children both in and outside the child welfare system, and consumers of services from diverse groups; (v) For States, representatives of Indian Tribes within the State; (vi) For States, representatives of local government (e.g., counties, cities, and other communities, neighborhoods, or areas where needs for services are great;) (vii) Representatives of professional and advocacy organizations (including, for example foundations and national resource centers with expertise to assist States and Indian Tribes to design, expand, and improve the delivery of services); individual practitioners working with children and families; the courts; representatives or other States or Indian Tribes with experience in administering family preservation and family support services; and academicians, especially those assisting the child and family service agency with management information systems, training curricula, and evaluations; (viii) Representatives of State and local agencies administering Federal and federally assisted programs which may include: Head Start; the local education agency (school-linked social services, adult education and literacy programs, Part H programs); developmental disabilities; nutrition services (Food Stamps, Special Supplemental Food Program for Women, Infants and Children (WIC)); Title IV-A; runaway youth, youth gang, juvenile justice programs and youth residential and training institutions; child care and development block grant (CCDBG) and respite care programs; domestic and community violence prevention and services programs; housing programs; the health agency (substance abuse, Healthy Start, maternal and child health, Early and Periodic Screening, Diagnosis, and Treatment (EPSDT), mental health, and public health nursing); law enforcement; Children's Trust Funds; Community-Based Family Resource Programs, and new Federal initiatives such as the Empowerment Zones and Enterprise Communities Program; and (ix) Administrators, supervisors and front line workers (direct service providers) of the State child and family services agency. (4) The CFSP must describe the ongoing consultation process that each grantee will use to ensure the continued involvement of a wide range of major actors in meeting the goals and objectives over the five-year operational period of the plan and developing the Annual Progress and Services Report. (m) Services coordination. (2) The State's CFSP must describe how services under the plan will be coordinated over the five-year period with services or benefits under other Federal or federally assisted programs serving the same populations to achieve the goals and objectives in the plan. The description must include the participants in the process and examples of how the process led or will lead to additional coordination of services (e.g., integrated service models, improved accessibility, use of a consolidated application or intake form, inter-disciplinary training, coordinated case management for several programs, pooled resources through blended financing, shared information across services providers and compatible and linked automated information systems, co-location of several services or programs.) (3) The Indian Tribe must include in the coordination process representatives of other Federal or federally assisted child and family services or related programs. The Indian Tribe's CFSP must describe how services under the plan will be coordinated over the five-year period with services or benefits under other Federal or federally assisted programs serving the same populations to achieve the goals and objectives in the plan. The descriptions must include the participants in the process and any examples of how the process led or will lead to additional coordination of services. (n) Services. (2) The Indian Tribe's CFSP must describe the child welfare services (including child abuse and neglect prevention, intervention, treatment services and foster care) and/or the family support and family preservation services to be provided. (3) For each service described, the CFSP must include the following information, or it must be listed on the CFS-101, Part II: (i) The population(s) to be served; (ii) The geographic area(s) where the services will be available; (iii) The estimated number of individuals and/or families to be served; (iv) The estimated expenditures for these services from Federal, State, local, and donated sources, including title IV-B, subparts 1 and 2, the CAPTA program referenced in paragraph (a) of this section, and the independent living program. (o) Family preservation and family support services and linkages to other social and health services. (2) The State's CFSP must explain whether and/or how funds under the CAPTA and independent living programs are coordinated with and integrated into the child and family services continuum described in the plan. (3) The State's CFSP must describe the existing or current linkages and the coordination of services between the services in the child and family services continuum and the services in other public services systems (e.g., health, education, housing, substance abuse, the courts), and other Federal and non-federally funded public and nonprofit private programs (e.g., Children's Trust Funds, Community-Based Family Resource Programs, private foundations.) (p) Services in relation to service principles. (q) Services in relation to permanency planning. (r) Decision-making process: selection of family support programs for funding. (s) Significant portion of funds used for family support and family preservation services. (t) Staff training, technical assistance, and evaluation. (2) The State's CFSP must describe the technical assistance activities that will be undertaken in support of the goals and objectives in the plan. (3) The State's CFSP must describe any evaluation and research activities underway or planned with which the State agency is involved or participating and which are related to the goals and objectives in the plan. (u) Quality assurance. (v) Distribution of the CFSP and the annual progress and services report. (This requirement has been approved by the Office of Management and Budget under OMB Control Number 0980-0047. In accordance with the Paperwork Reduction Act of 1995, 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.) [61 FR 58656, Nov. 18, 1996, as amended at 66 FR 58677, Nov. 23, 2001] § 1357.16 Annual progress and services reports. (a) Annual progress and services reports. (1) A report on the specific accomplishments and progress made in the past fiscal year toward meeting each goal and objective, including improved outcomes for children and families, and a more comprehensive, coordinated, effective child and family services continuum; (2) Any revisions in the statement of goals and objectives, or to the training plan, if necessary, to reflect changed circumstances; (3) For Indian Tribes, a description of the child welfare and/or family preservation and family support services to be provided in the upcoming fiscal year highlighting any changes in services or program design and including the information required in 45 CFR 1357.15(n); (4) For States, a description of the child protective, child welfare, family preservation, family support, and independent living services to be provided in the upcoming fiscal year highlighting any additions or changes in services or program design and including the information required in 45 CFR 1357.15(n); (5) Information on activities in the areas of training, technical assistance, research, evaluation, or management information systems that will be carried out in the upcoming fiscal year in support of the goals and objectives in the plan; (6) For States only, the information required to meet the maintenance of effort (non-supplantation) requirement in section 432(a)(7) and (8) of the Act; (7) For States and eligible Indian Tribes phasing in requirements for a consolidated CFSP, information on activities and progress directed toward a consolidated plan by June 30, 1996 or 1997. The report must include information that demonstrates States' and eligible Indian Tribes' progress toward the consolidation of a CFSP, including activities that have been accomplished and still need to be accomplished; and (8) Any other information the State or the Indian Tribe wishes to include. (b) Submittal of the annual progress and services report and CFS-101. (2) In order for States and eligible Indian Tribes to receive title IV-B, subparts 1 and 2 allocations a CFS-101 must be submitted for each fiscal year. (3) States and Indian Tribes which have consolidated the requirements for title IV-B, subparts 1 and 2, must submit the CFS-101 to the appropriate ACF Regional Office no later than June 30 of the year prior to the fiscal year in which the services will be provided (e.g., for FY 1997 allocations, the CFS-101 must be submitted by June 30, 1996; for FY 1998 allocations, the CFS-101 must be submitted by June 30, 1997.) (4) States and eligible Indian Tribes choosing to phase-in the requirements for a consolidated CFSP must: (i) Submit by June 30, 1996 a CFS-101 for title IV-B, subpart 1 for FY 1996 allocations; a CFS-101 for title IV-B, subpart 2 for FY 1997 allocations; and, if a State or eligible Indian Tribe chooses, a CFS-101 for subpart 1 FY 1997 allocations. (ii) Submit by June 30, 1997 a CFS-101 for title IV-B, subpart 1 for FY 1997 allocations, if not previously submitted by June 30, 1996; and a CFS-101 for FY 1998 for subparts 1 and 2 allocations. (c) Annual progress and services reports on FY 1994 family support and family preservation services. (d) Availability of the annual progress and services report. (e) FY 1999 Final Review. (1) Prepare a final report on the progress made toward accomplishing the goals and objectives; and (2) Send the final report to the ACF Regional Office and make it available to the public. (f) FY 2000 Five-Year State Plan. (This requirement has been approved by the Office of Management and Budget under OMB Control Number 0980-0047. In accordance with the Paperwork Reduction Act of 1995, 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.) [61 FR 58659, Nov. 18, 1996, as amended at 66 FR 58677, Nov. 23, 2001] § 1357.20 Child abuse and neglect programs. The State agency must assure that, with regard to any child abuse and neglect programs or projects funded under title IV-B of the Act, the requirements of section 106(b)(1) and (2) of the Child Abuse Prevention and Treatment Act, as amended, are met. These requirements relate to the State plan and assurances required for the Child Abuse and Neglect State Grant Program. [61 FR 58660, Nov. 18, 1996] § 1357.25 Requirements for eligibility for additional payments under section 427. (a) For any fiscal year after FY 1979 in which a sum in excess of $141,000,000 is appropriated under Section 420 of the Act, a State is not eligible for payment of an amount greater than the amount for which it would be eligible if the appropriation were equal to $141,000,000 unless the State complies with the requirements of Section 427(a) of the Act. (b) In meeting the requirements for the inventory and statewide information system in sections 427 (a)(1) and (2)(A) of the Act, the inventory and statewide information system must include those children under the placement and care responsibility of the State title IV-B or IV-E agencies. At the State's discretion, other children may be included. The six month requirement in section 427(a)(1) and the twelve month requirement in section 427(a)(2)(A) of the Act must also be met. (The requirement has been approved by the Office of Management and Budget under OMB Control Number 0980-0138) (c) If, for each of any two consecutive fiscal years after FY 1979, there is appropriated under Section 420 of the Act a sum equal to or greater than $266,000,000, a State's allotment amount for any fiscal year after two such consecutive fiscal years shall be reduced to an amount equal to what the allotment amount would have been for FY 1979 unless the State has implemented the requirements of section 427(b) of the Act. (d) In meeting the requirements of section 427(a)(2)(B) of the Act for dispositional hearings the State agency must meet the requirements of section 475(5)(C) of the Act and 45 CFR 1356.21(e). (e) A State may appeal a final decision by ACYF that the State has not met the requirements of this section and section 427 of the Act to the Department Grant Appeals Board under the provisions of 45 CFR part 16. [48 FR 23118, May 23, 1983] § 1357.30 State fiscal requirements (title IV-B, subpart 1, child welfare services). (a) Scope. (b) Allotments. (c) Payments. (d) Enforcement and termination. (e) Matching or cost-sharing. (1) The State's contribution may be in cash, donated funds, and non-public third party in-kind contributions. (2) The total of Federal funds used for the following purposes under title IV-B, subpart 1 may not exceed an amount equal to the FY 1979 Federal payment under title IV-B: (i) Child day care necessary solely because of the employment, or training to prepare for employment, of a parent or other relative with whom the child involved is living, plus; (ii) Foster care maintenance payments, plus; (iii) Adoption assistance payments. (3) Notwithstanding paragraph (e)(2) of this section, State expenditures required to match the title IV-B, subpart 1 allotment may include foster care maintenance expenditures in any amount. (f) Prohibition against purchase or construction of facilities. (g) Maintenance of effort. (2) In computing a State's level of expenditures under this section in FY 1979 and any subsequent fiscal year, the following costs shall not be included— (i) Expenditures and costs for child day care necessary to support the employment of a parent or other relative; (ii) Foster care maintenance payments; and (iii) Adoption assistance payments. (3) A State applying for an amount of Federal funds under title IV-B greater than the amount of title IV-B, subpart 1 funds received by that State in FY 1979 shall certify: (i) The amount of their expenditure in FY 1979 for child welfare services as described in paragraphs (g)(1) and (2) of this section, and (ii) The amount of State and local funds that have been appropriated and are available for child welfare services as described in paragraphs (g)(1) and (2) of this section for the fiscal year for which application for funds is being made. Records verifying the required certification shall be maintained by the State and made available to the Secretary as necessary to confirm compliance with this section. (h) Reallotment. (2) When a State, after receiving notice from the Commissioner of the availability of funds, does not certify by a date fixed by the Commissioner that it will be able to expend during the period stated in paragraph (i) of this section all of the funds available to it under its title IV-B, subpart 1 allotment, those funds shall be available for reallotment to other States. (3) The Commissioner may reallot available funds to another State when it is determined that— (i) The requesting State's plan requires funds in excess of the State's original allotment; and (ii) the State will be able to expend the additional funds during the period stated in paragraph (i) of this section. (i) Time limit on expenditures. [61 FR 58660, Nov. 18, 1996, as amended at 81 FR 3023, Jan. 20, 2016; 89 FR 80073, Oct. 2, 2024] § 1357.32 State fiscal requirements (title IV-B, subpart 2, family preservation and family support services). (a) Scope. (b) Allotments. (c) Payments. (d) Matching or cost sharing. (1) The State's contribution may be in cash, donated funds, and non-public third party in-kind contributions. (2) Except as provided by Federal statute, other Federal funds may not be used to meet the matching requirement. (e) Prohibition against purchase or construction of facilities. (f) Maintenance of effort. (g) Time limits on expenditures. (h) Administrative costs. (2) For the purposes of title IV-B, subpart 2, “administrative costs” are costs of auxiliary functions as identified through as agency's accounting system which are: (i) Allocable (in accordance with the agency's approved cost allocation plan) to the title IV-B, subpart 2 program cost centers; (ii) necessary to sustain the direct effort involved in administering the State plan for title IV-B, subpart 2, or an activity providing service to the program: and (iii) centralized in the grantee department or in some other agency, and may include but are not limited to the following: Procurement; payroll; personnel functions; management, maintenance and operation of space and property; data processing and computer services; accounting; budgeting; auditing. (3) Program costs are costs, other than administrative costs, incurred in connection with developing and implementing the CFSP (e.g., delivery of services, planning, consultation, coordination, training, quality assurance measures, data collection, evaluations, supervision). [61 FR 58661, Nov. 18, 1996] § 1357.40 Direct payments to Indian Tribal Organizations (title IV-B, subpart 1, child welfare services). (a) Who may apply for direct funding? (b) Title IV-B Child and Family Services Plan (CFSP). (2) The Indian Tribe or Tribal organization must also comply with section 422(b)(1-8) of the Act; 45 CFR part 1355 (except that the requirements in § 1355.30 for a single Tribal agency and Governor's review of the CFSP do not apply); and other applicable requirements of §§ 1357.10 and 1357.16. (c) Information related to the requirements of Section 422(b)(9) of the Act. (1) A description of the arrangements, jointly developed with the State, made for the provision of the child welfare services and protections in section 422(b)(9) to Indian children under both State and Tribal jurisdiction; (2) A statement of the legal responsibility, if any, for children who are in foster care on the reservation and those awaiting adoption; (3) A description of Tribal jurisdiction in civil and criminal matters, existence or nonexistence of a Tribal court and the type of court and codes, if any; (4) An identification of the standards for foster family homes and institutional care and day care; (5) The Indian Tribal organization's political subdivisions, if any; (6) Whether the Tribal organization is controlled, sanctioned or chartered by the governing body of Indians to be served and if so, documentation of that fact; (7) Any limitations on authorities granted to the Indian Tribal organizations; and (8) The Tribal resolution(s) authorizing an application for a direct title IV-B, subpart 1 grant under this Part. (d) Grants: General. (2) Federal funds made available for a direct grant to an eligible ITO shall be paid by the Department, from the title IV-B allotment for the State in which the ITO is located. Should a direct grant be approved, the Department shall promptly notify the State(s) affected. (3) If an eligible ITO includes population from more than one State, a proportionate amount of the grant will be paid from each State's allotment. (4) The receipt of title IV-B funds must be in addition to and not a substitute for funds otherwise previously expended by the ITO for child welfare services. (5) The following fiscal and administrative requirements apply to Indian Tribal grants under this section: (i) Enforcement and termination. (ii) Matching or cost-sharing. (A) The ITO's contribution may be in cash, donated funds, and non-public third party in-kind contributions. (B) The total of Federal funds used for the following purposes under title IV-B, subpart 1 may not exceed an amount equal to the FY 1979 Federal payment under title IV-B: ( 1 ( 2 ( 3 (C) Notwithstanding paragraph (d)(5)(ii)(B) of this section, Tribal expenditures required to match the title IV-B, subpart 1 allotment may include foster care maintenance expenditures in any amount. (iii) Prohibition against purchase or construction of facilities. (iv) Time limit on expenditures. (6) In order to determine the amount of Federal funds available for a direct grant to an eligible ITO, the Department shall first divide the State's title IV-B allotment by the number of children in the State, then multiply the resulting amount by a multiplication factor determined by the Secretary, and then multiply that amount by the number of Indian children in the ITO population. The multiplication factor will be set at a level designed to achieve the purposes of the act and revised as appropriate. [61 FR 58661, Nov. 18, 1996, as amended at 65 FR 4093, Jan. 25, 2000; 81 FR 3023, Jan. 20, 2016; 89 FR 80073, Oct. 2, 2024] § 1357.50 Direct payments to Indian Tribal organizations (title IV-B, subpart 2, family preservation and support services). (a) Definitions. Alaska Native Organization Indian Tribe Tribal organization (b) Eligibility for funds: FY 1994. (2) ACF will pay any amount to which an Indian Tribe is entitled to the Tribal organization of the Indian Tribe. (c) Eligibility for funds: FY 1995. (d) Eligibility for funds: FY 1996 through FY 1998. (2) Allotments will be calculated in Fys 1996, 1997, and 1998 as required in section 433 of the Act. Those Indian Tribes in each year whose allotment is at least $10,000 will be notified of their eligibility to apply. (3) In order to receive funds, additional Indian Tribes which become eligible for grants in FY 1996, 1997, and 1998 must submit either a five year Child and Family Services Plan (CFSP) that meets the applicable requirements of 45 CFR 1357.15 or an application for planning funds by June 30 of the year in which they first become eligible for grants. Those Indian Tribes which submitted an application for planning funds in their first year of funding must submit a five year CFSP that meets the applicable requirements of 45 CFR 1357.15 by June 30 of the second year they receive funding. For example, in order to receive funds, an Indian Tribe which becomes eligible to receive funding beginning in FY 1996 must submit either an application for planning funds or a CFSP by June 30, 1996. If the Indian Tribe submitted an application for planning funds in FY 1996, they must submit a CFSP by June 30, 1997. (4) All Indian Tribes will be Federally reimbursed at 75 percent of allowable expenditures. Federal funds without match are available in the first year of receipt of funds for additional Indian Tribes meeting the following criteria: (i) Submittal of an application for planning funds, and not a five year CFSP; (ii) Receipt of an initial award in FY 1996 or 1997 or 1998; and (iii) A proposal to spend the entire grant in the first year on planning. (e) Allotments. (f) Exemptions of requirements. (i) The limitation on administrative costs to 10 percent of total Federal and Tribal funds—Indian Tribes may use the indirect cost rate agreement in effect for the Tribe; (ii) The requirement for maintenance of effort that funds under this program may not be used to supplant other Federal and non-Federal funds; and (iii) The requirement that a significant portion of funds must be used for both family support and family preservation services. (2) Specific exemptions from other statutory requirements may be requested by the Tribe in the course of its joint planning. Such a request must contain a compelling reason. (g) Matching requirement. (2) The Indian Tribe's contribution may be in cash, donated funds, and non-public third party in-kind contributions. (3) Indian Tribes, by statute, may use the following three Federal sources of funds as matching funds: Indian Child Welfare Act funds, Indian Self-Determination and Education Assistance Act funds, and Community Development Block Grant funds. (h) Time limits on expenditures. [61 FR 58662, Nov. 18, 1996]