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Administration for Children and Families
|U.S. DEPARTMENT OF HEALTH AND
Administration for Children, Youth and Families
|1. Log No. ACYF-CB-PI-98-12||2. Issuance Date: July 15, 1998|
|3. Originating Office: Children's Bureau|
|4. Key Words: Child Abuse and Neglect State Grants Citizen Review Panels (AMENDMENT TO ACYF-PI-CB-98-01, Dated January 7, 1998)|
TO: The State Office, Agency, or Organization Designated by the Governor to Apply for a State Child Abuse and Neglect Grant
SUBJECT: Amendment to ACYF-PI-CB-98-01, Dated January 7, 1998 with Respect to the Number of Citizen Review Panels Required Under the Child Abuse Prevention and Treatment Act (CAPTA)
LEGAL REFERENCES: Sections 106(b)(2)(A)(x) and (c) and Sections 203(b)(1)(A) and (B) of the Child Abuse Prevention and Treatment Act, as amended (42 U.S.C. 5101 et seq.)
PURPOSE: The purpose of this Program Instruction is to amend the section of ACYF-PI-CB-98-01, dated January 7, 1998, that sets forth the number of citizen review panels States are required to establish in accordance with sections 106(b)(2)(A)(x) and 106(c)(1) of CAPTA. (Note: This issuance does not supersede ACYF-PI-CB-98-01 in its entirety. It amends only the section on "Number of Panels Required and Deadline for Establishment" under "Instruction" of that issuance on pages 2-3.)
BACKGROUND: The number of citizen review panels a State must establish is statutorily linked to the amount of funds that it receives under the Community-Based Family Resource and Support (CBFRS) program. The CBFRS program funds are awarded through a two-part calculation. Seventy percent of the funds are allocated proportionately among the eligible States based on the number of children under the age of 18 who are residing in each State, except that no State receives less than the base amount of $175,000. The remaining 30 percent of the funds are then allocated proportionately among the eligible States based on the amount of funds leveraged by the State from private, State or other non-Federal sources for community-based support activities and directed through the State's CBFRS lead agency in the preceding fiscal year. A State's grant award is the total of these two figures.
The Administration on Children, Youth and Families (ACYF) provided instruction to the States on the citizen review panel requirements of sections 106(b)(2)(A)(x) and 106(c) of CAPTA in ACYF-PI-CB-98-01. That instruction, among other things, stated that all 50 States and the District of Columbia received CBFRS awards of more than $175,000 and, therefore, were required to establish no less than three citizen review panels. However, as a result of questions and issues raised by States with small populations, the ACYF has re-examined this requirement and determined that the better interpretation of section 106(c) requires only one panel in States which receive only the minimum allotment under section 203(b)(1)(A).
Accordingly, the revised requirement for the number of citizen review panels based on the allotments under section 203(b)(1)(A) is as follows:
Number of Panels Required and Deadline for Establishment
Twenty States had a minimum allotment of $175,000 under section 203(b)(1)(A) before including amounts for their leveraged funds as authorized by section 203(b)(1)(B) of CAPTA. The 20 States that received the minimum allotment of $175,000 are required to establish no less than one citizen review panel in accordance with section 106(c)(1)(B) of CAPTA. Those States are: Alaska, Arkansas, Delaware, the District of Columbia, Hawaii, Idaho, Kansas, Maine, Montana, Nebraska, Nevada, New Hampshire, New Mexico, North Dakota, Rhode Island, South Dakota, Utah, Vermont, West Virginia, and Wyoming.
States that received more than the base amount of $175,000 under section 203(b)(1)(A) are required to establish no less than three citizen review panels in accordance with section 106(c)(1)(A) of CAPTA. Those States are: Alabama, Arizona, California, Colorado, Connecticut, Florida, Georgia, Illinois, Indiana, Iowa, Kentucky, Louisiana, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, New Jersey, New York, North Carolina, Ohio, Oklahoma, Pennsylvania, Puerto Rico, South Carolina, Tennessee, Texas, Virginia, Washington, and Wisconsin.
Since the Virgin Islands, Guam, American Samoa, the Northern Mariana Islands and Palau submit consolidated grant applications in accordance with 45 CFR Part 97, these jurisdictions are not required to comply with the instructions set forth in this issuance.
As stated in ACYF-PI-NCCAN-97-01, the citizen review panels must be established no later than June 30, 1999.
INQUIRIES TO: Regional HUB Directors and Administrators Regions I - X
James A. Harrell
Administration on Children, Youth and Families