Application and Program Reporting Requirements for Children's Justice Act Grants

2020 Children's Justice Act Program Instruction_final

Application and Program Reporting Requirements for Children's Justice Act Grants

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ACF Administration for Children and Families	U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES Administration on Children, Youth and Families
	1. Log No. ACYF-CB-PI-20-06	2. Issuance Date: February 28, 2020
	3. Originating Office: Children's Bureau Office on Child Abuse and Neglect
	4. Key Words: Children's Justice Act
	5. 42 U.S.C. 5101 et seq.

PROGRAM INSTRUCTION

TO: The State Office, Agency, or Organization Designated by the Governor to Apply for a Children's Justice Act (CJA) Grant

SUBJECT: Availability of Fiscal Year (FY) 2020 Children's Justice Act Grants to States Under the Child Abuse Prevention and Treatment Act (CAPTA)

LEGAL

REFERENCES: Section 107(a), (b), (c), (d), (e) and (f) of the Child Abuse Prevention and Treatment Act (CAPTA) (42 U.S.C. 5106c et seq.) as amended by Public Law (P.L.) 111-320 enacted December 20, 2010; and the Victims of Crime Act of 1984, as amended (42 U.S.C. 10603 et seq.).

PART I: BACKGROUND INFORMATION 4

Overview 4

Purpose 4

Availability and Allocation of CJA Funds 4

Required Categories/Areas for Use of CJA Funds 5

Funding Projects and Activities 5

Linkages between CJA and Other Children’s Bureau Programming 7

PART II: FINANCIAL INFORMATION AND REPORTING REQUIREMENTS…10

Financial Reporting Schedule and Format 10

Grant Administration Regulations 11

Contact Information 12

PART III: APPLICATION INSTRUCTIONS 12

Submission Instructions 12

Format 12

Signature 12

Delivery 12

Eligibility Instructions 12

Eligibility Requirements 12

Documentation of Eligibility 13

Requirements for All States 13

Establishment and Maintenance of a CJA State Task Force 13

Governor's Letter 14

Certification 15

Additional Requirements for States 16

Three-Year Assessment Requirement 16

State Task Force Recommendations 16

State Implementation of the State Task Force Recommendations 17

Program Description Instructions 18

Program Performance Reporting Requirements and Program Content 18

Application for Proposed Activities 19

PART IV: ADDITIONAL INFORMATION 19

Closing Date for Receipt of Applications 19

Intergovernmental Review 19

Paperwork Reductions Act 19

Inquiries 20

Effective Date 20

Attachment 1: Websites for CJA Resource Materials 21

Attachment 2: Tentative Fiscal Year 2020 State Allocation Table 22

Attachment 3: Office of Grants Management Contact Information 24

PART I: BACKGROUND INFORMATION

Overview

Section 107(a) of the Child Abuse Prevention and Treatment Act (the Act) authorizes grants to States for the purpose of assisting States in developing, establishing and operating programs designed to improve: (1) the assessment and investigation of suspected child abuse and neglect cases, including cases of suspected child sexual abuse and exploitation, in a manner that limits additional trauma to the child and the child’s family; (2) the assessment and investigation of cases of suspected child abuse-related fatalities and suspected child neglect-related fatalities; (3) the investigation and prosecution of cases of child abuse and neglect, including child sexual abuse and exploitation; and (4) the assessment and investigation of cases involving children with disabilities or serious health-related problems who are suspected victims of child abuse or neglect.

The term “State” as used in Section 3 (7) of the Act includes each of the States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa and the Commonwealth of the Northern Mariana Islands. In FY 2020, 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa and the Commonwealth of the Northern Mariana Islands were deemed eligible for grants from funds deposited in the Crime Victims Fund, for a total of $17,000,000.

Since the Virgin Islands, Guam, American Samoa and the Northern Mariana Islands may submit consolidated grant applications in accordance with 45 CFR Part 97, these jurisdictions need not submit an application under this Program Instruction (PI) if they choose to have their allotments included in a consolidated grant and to expend these funds under the authority of another program that is available for consolidation.

Purpose

The purpose of this PI is to set forth the eligibility requirements and the grant application procedures for FY 2020 Children’s Justice Act (CJA) grants and to provide the tentative State allocation table.

Availability and Allocation of CJA Funds

Funding for the CJA program is available from the Crime Victims Fund. Legislation requires in any fiscal year that funds be made available to the Department of Health and Human Services for CJA grants to the States, except that 15 percent will be reserved by the Attorney General for CJA grants to Native American Tribes. With the enactment of the Child Abuse Prevention and Enforcement Act (CAPE) in March 2000, the amount transferred to ACF is capped at

$17,000,000. The total funding available for the CJA grants is $17,000,000.

Funds will be allocated to States based on a formula similar to that used in distributing the CAPTA State grants, i.e., a base amount of $50,000 will be awarded to each State; an additional

amount will be awarded bearing the same ratio to the total funds remaining as the number of children under the age of 18 in each State bears to the total number of children under 18 in all the States.

The tentative FY 2020 allocation for each State is shown in Attachment 1 on pages 22-23.

Required Categories/Areas for Use of CJA Funds

In particular grant funds should be used to implement State Task Force recommendations in the following three categories (the three categories from Section 107(e)(1)(A) (B) and (C)) of the Act:

investigative, administrative, and judicial handling of cases of child abuse and neglect, including child sexual abuse and exploitation, as well as cases involving suspected child maltreatment related fatalities and cases involving a potential combination of jurisdictions, such as intrastate, interstate, Federal-State, and State-Tribal, in a manner which reduces the additional trauma to the child victim and the victim's family and which also ensures procedural fairness to the accused;

experimental, model, and demonstration programs for testing innovative approaches and techniques which may improve the prompt and successful resolution of civil and criminal court proceedings or enhance the effectiveness of judicial and administrative action in child abuse and neglect cases, particularly child sexual abuse and exploitation cases, including the enhancement of performance of court-appointed attorneys and guardians ad litem for children, and which also ensure procedural fairness to the accused; and

reform of State laws, ordinances, regulations, protocols and procedures to provide comprehensive protection for children, which may include those children involved in reports of child abuse or neglect with a potential combination of jurisdictions, such as intrastate, interstate, Federal-State, and State-Tribal, from child abuse and neglect, including child sexual abuse and exploitation, while ensuring fairness to all affected persons.

Funding Projects and Activities

In accordance with Section 107(a) of CAPTA, grants awarded are to be used to develop, establish and operate programs designed to improve:

the assessment and investigation of suspected child abuse and neglect cases, including cases of suspected child sexual abuse and exploitation, in a manner that limits additional trauma to the child and the child’s family;

the assessment and investigation of cases of suspected child abuse-related fatalities and suspected child neglect-related fatalities;

the investigation and prosecution of cases of child abuse and neglect, including child sexual abuse and exploitation; and

the assessment and investigation of cases involving children with disabilities or serious health-related problems who are suspected victims of child abuse or neglect.

CJA funds should be used for programs to reform State systems and improve the processes by which States respond to cases of child abuse and neglect, including child sexual abuse and exploitation and cases of suspected child abuse- or neglect -related fatalities. This will enable States to more effectively address both the child victim and the offender and to limit additional trauma to the child victim.

The on-going activities of a State Task Force in monitoring implementation of its recommendations and continuing interagency collaboration in carrying out the intent of the Act may be supported with these funds.

While CJA funds are not designed to support primary prevention programs or treatment services, CJA grantees are encouraged to explore collaborating with community-based partners to achieve common goals including the prevention of unnecessary parent-child separation and family disruption, reduction of child and family trauma, interruption of generational cycles of maltreatment, and development of a well-functioning child welfare system.

CJA funds are to be primarily focused on the front-end, intake, assessment, investigative, and prosecutorial phases of child welfare. Projects selected by a State Task Force should be mindful that funds must be spent to support efforts at this point in a child welfare case.

Examples of CJA-supported activities include, but are not limited to:

Developing curricula and conducting training for personnel in law enforcement and child protective services, as well as health and mental health professionals, prosecutors and judges. This may include attention to issues of trafficking and exploitation within child welfare.

Providing training and information on the importance of high quality legal representation for parents with child welfare system involvement.

Fostering collaboration between the child welfare, legal, and judicial communities to ensure that all parties are held accountable and that reasonable efforts are made to prevent unnecessary family disruption.
Evaluating activities such as trainings in order to determine specific outcomes, changes in practice, and any related improvements to the systems handling of cases of child abuse and neglect.

Establishing or enhancing child advocacy centers and other multidisciplinary programs to serve child victims and their families in order to minimize trauma.

Establishing and supporting local and/or State child fatality review teams, including multidisciplinary training, team development, and annual reporting. This may also include supporting efforts to reduce child fatalities among children with current or previous child welfare involvement.

Supporting the enactment of laws to improve system response, including allowing the admission of indirect testimony of children into evidence, making the courtroom setting less intimidating to children, increasing the penalties for sexual offenses against children, requiring mandatory sentencing, shortening the trial process and permitting victims to make statements prior to sentencing.

Linkages between CJA and Other Child ren’s Bureau Pr ogra mmin g

Linkage to Anti-Trafficking Efforts

ACF is committed to supporting ongoing efforts to meet the requirements to address the intersection of trafficking and child welfare. The Children’s Bureau has developed resources and guidance for states in implementing mandates under Public Law (P.L.) 113-183: The Preventing Sex Trafficking and Strengthening Families Act, which amends the title IV-E foster care program to address trafficking, and P.L. 114-22: The Justice for Victims of Trafficking Act, which amends the CAPTA state grant program to add new plan requirements related to trafficking and modifies the definition of child abuse and neglect related to trafficking. For additional information on these pieces of legislation, please visit: https://www.childwelfare.gov/topics/systemwide/trafficking/.

The Children’s Justice Act specifically mentions the issue of exploitation, and a number of CJA State Task Forces have directed CJA funds to projects that address exploitation and trafficking. CJA projects responding to trafficking must be focused on systems improvement in response to cases of child maltreatment. Examples of appropriate use of CJA funds in this area include, but are not limited to: trainings for first responders on identifying trafficked or exploited children, training/collaborative efforts between child protective services and law enforcement, and/or development of procedures or a resource (tool kit) for professionals to address trafficking or exploitation of children. Other areas might focus on policies and procedures to promote successful prosecution of the traffickers/exploiters of children and ways to reduce child victim trauma.

Linkage to other Children’s Bureau Processes

The Children’s Bureau is placing increased focus on the alignment of formula grants, such as CJA, with the work conducted under other federally-funded programs. CJA programs should be aware of, and identify opportunities to coordinate and collaborate with State work.

Child and Family Services Plan (CFSP)

States are required to develop a Child and Family Services Plan (CFSP), a five-year strategic plan that sets forth the vision and the goals to be accomplished to strengthen the State’s overall child welfare system.

A primary purpose of the CFSP is to facilitate States’ integration of the programs that serve children and families, including title IV-B, subparts 1 and 2 of the Social Security Act (SSA), and the Chafee Foster Care Program for Successful Transition to Adulthood (Chafee) and Education and Training Vouchers (ETV) programs (section 477 of the SSA) for older youth and/or young adults formerly in foster care, into a continuum of services for children and their families. The CFSP consolidates plans for these programs to help States comprehensively integrate the full array of child welfare services, from prevention and protection through permanency (45 CFR 1357.15(a)). States are required to make these plans available to the public and many of them are located online. In addition, while states are no longer required to submit a new plan for the CAPTA state grant program

every five years, they are required to submit an annual update on their use of CAPTA State grant funds each year and to submit other updates to the CAPTA plan, as needed. These CAPTA plan reports and updates are submitted with the CFSP and Annual Progress and Services Reports (APSR) each year.

In addition, the state’s CFSP should be coordinated with Program Improvement Plan efforts related to the Child and Family Services Reviews (CFSR PIPs). CFSRs are used to monitor a state’s compliance on the outcomes related to safety, permanency, and well- being.

Additional Information

The CFSP for fiscal years 2020 – 2024 was submitted on June 30, 2019. In the Program Instruction for the 2020-2024 CFSP, states were asked to provide information on how they are collaborating with CJA grantees. States have been informed that the process of coordination and collaboration implemented during the 2020-2024 CFSP development should be continued and strengthened in the development of the 2021 APSR which is due June 30, 2020. When conducting the annual review in preparation for submission of the APSR, States have been encouraged to engage various entities, including the CJA grantee in their respective State, who are part of the ongoing CFSP-related consultation and coordination process.

The Children’s Bureau encourages CJA grantees to, at a minimum, develop and/or maintain an awareness of the overall goals and strategies of their respective child welfare agency. In addition, the Children’s Bureau continues to encourage CJA programs and/or its State Task Force members to become active and engaged participants in various stakeholder meetings and planning committees related to the CFSR, CFSP, and APSR.

The Children’s Bureau Regional Office and Central Office staff can assist CJA programs in making connections to improve collaboration and coordination to improve services for children and families. CJA grantees may contact the CJA Federal Project Officer if they are unsure who to contact in their state regarding the CFSR and CFSP processes.

Linkage to Court and Legal Representation Improvement Work

The Children’s Bureau strongly encourages all child welfare agencies and jurisdictions (including state and county courts, administrative offices of the court, and Court Improvement Programs) to work together to ensure that high quality legal representation is provided to all parties in all stages of child welfare proceedings, including the front-end stages that are the focus of the Children’s Justice Act.

High quality legal representation is a powerful tool to help ensure that reasonable efforts¹are made and that the voices of parents, children and youth are heard. High quality legal representation requires attorneys to work with parents and youth to identify and advocate for services and supports and to ensure that parents and youth understand their rights and the complicated processes that directly affect their lives and well-being. Attorneys can also provide legal services to remove obstacles for families and youth that may leave them more vulnerable to entering the child welfare system, such as difficulties with housing, educational, employment, determining paternity and other civil legal issues.

This position has been documented through communications including two recent Information Memoranda (IM) encouraging collaboration and coordination to ensure high quality legal representation for parents, children, and youth (see links on page 21). These IMs emphasize the importance of high quality legal representation in helping to ensure a well-functioning child welfare system and reducing family and child trauma, both of which are directly aligned with the goals of the CJA grant program. The Children’s Bureau has encouraged child welfare agencies to engage judges, court administrators, and attorneys to be active partners in reshaping child welfare in their respective communities through supporting systems changes and preventing unnecessary family disruption. As CJA grantees are aware, the Children’s Justice Act requires the participation of individuals representing a variety of disciplines on each grantee’s Task Force, including judges, attorneys, and child welfare agency representatives. Thus, Task Force meetings, subcommittee

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¹“Reasonable efforts” are a title IV-E agency requirement to obtain a judicial determination that the child welfare agency has made efforts (1) to maintain the family unit and prevent the unnecessary removal of a child from the home, as long as the child’s safety is ensured, and (2) to make and finalize a permanency plan in a timely manner (sections 471(a)(15) and 472(a)(2)(A) of the Act).

work, and other activities present a prime opportunity to continue to develop and strengthen these collaboratives as encouraged by the above-referenced IMs. CJA grantees are encouraged to refer to these IMs and identify additional ways in which their work can contribute to efforts to ensure high-quality legal representation as a means of improving the handling of cases of child abuse and neglect and reducing family and child trauma, as included in the CJA statute.

Court Improvement Program

The Children’s Bureau’s Court Improvement Program (CIP) is a mandatory formula grant authorized under the Social Security Act. All 50 States, the District of Columbia, Puerto Rico and the Virgin Islands of the United States receive CIP funding. The purpose of the program is to promote the continuous quality improvement of court processes and legal representation in child welfare proceedings through ongoing assessment, data collection and analysis, and training. The CIP is also designed to enhance collaboration between the judicial branch of state government, state child welfare agencies, other executive branch agencies, and tribes. The grant requires the creation of a statewide multi-disciplinary task force, a strategic plan and an annual self-assessment of how the grantee is progressing on its identified priorities.

CJA grantees are encouraged to connect with the CIP Director in their state and become familiar with efforts planned or underway to improve the handling of child welfare proceedings under the program and explore opportunities for collaboration and joint work toward shared outcomes. CIPs have also been encouraged through the recent Children’s Bureau IMs to engage proactively with child welfare agencies to promote the active involvement of the legal and judicial community in efforts to reshape the child welfare system to improve legal representation and reduce child and family trauma, as noted above. A CIP Director listing is included as an attachment to this program instruction, and Children’s Bureau staff are available to assist in making connections between CJA grantees and CIP Directors.

PART II: FINANCIAL INFORMATION AND REPORTING REQUIREMENTS

Federal funds awarded through these grants must be expended for the purposes for which they were awarded and within the time period allotted, in accordance with the deadlines discussed below.

Financial Reporting Schedule and Format

Funding (Project) Period/Obligation Deadline (10/01/2019 – 09/30/2023)

States are encouraged to obligate (establish binding contracts and sign them) CJA Federal funds within one year of award, but are required to obligate CJA funds no later than three years after the end of the fiscal year in which the funds are awarded. Please refer to ACYF-CB-PI-18-08, Change in Expenditure Period Length for Children’s Justice Act Grant Funds, for additional information on recent guidance which allows for the four-year obligation/liquidation period for CJA grant funds. (See website link on page 21 for a copy of ACYF-CB-PI-18-08.)

Liquidation Deadline (12/29/2023)

All obligated Federal funds awarded under this grant must be liquidated no later than 90 days after the end of the funding/obligation period (i.e., December 29 following the end of Federal Fiscal Year 4). Any Federal funds from this award not liquidated by this date will be recouped by this Department. Grantees have until December 29, 2023 to liquidate FY 2020 CJA funds. This December 29, 2023 deadline is to assist grantees in paying invoices for services not completed, but invoiced by end of the year (September 30, 2023). A negative grant award will be issued for any unobligated or unliquidated balances reported as of December 29, 2023, and returned to the Treasury.

Federal Financial Reporting System and Form SF-425, “Federal Financial Report”

Beginning with the FY 2016 grant awards, the HHS payment management system of separate online reporting was consolidated into a single reporting system. Starting with these awards, both the cash transactions (Lines 10 a, b, and c) and the expenditures, obligations and liquidations (Lines 10d through 10o) are reported through the grantee online accounts with the Payment Management System (PMS). This information is no longer reported separately using OLDC or GrantSolutions.

SF-425 reports will continue to be due as frequently as is required in the award terms and conditions. Reports will be due on one of the standard dates by which cash reporting is required to be submitted to PMS or at the end of a calendar quarter as determined by ACF (January 30th, April 30th, July 30th, and October 30th). Every grantee should already have a PMS account to allow access to complete Form SF-425. If your office needs additional user access, please contact your PMS Liaison Accountant. Questions related to fiscal reporting and other administrative requirements should be directed to the assigned Grants Management Specialist identified in your Notice of Award.

Financial Report Submission Schedule: Annual

Each annual report must be submitted no later than December 29 - 90 days following the end of each Federal Fiscal Year.

An Interim report(s) is due within 90 days following the end of each Federal Fiscal Year during the project period;

A Final report (cumulative, covering the entire 4-year project period 10/01/2019 – 09/30/2023) is due concurrent with the last day of the respective liquidation periods.

Grant Administration Regulations

The regulations which apply to the administration of these grants are contained in 45 CFR Part 75, "UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AUDIT

REQUIREMENTS FOR HHS AWARDS," (see website link on page 21 for a copy of 45 CFR Part 75 regulations).

Contact Information

Please note that questions regarding the obligation and liquidation of funds according to the terms and conditions of their grant award should be directed to the Office of Grants Management. Please see Appendix 3 for contact information for the Office of Grants Management Staff.

PART III: APPLICATION INSTRUCTIONS

SUBMISSION INSTRUCTIONS

Format: States are no longer required to submit a SF-424, “Application for Financial Assistance,” although a State may use this form if it so chooses. States may apply in a format best suited to their needs. However, we recommend that States complete and submit the SF-424, because all of its content is required information for the applicant. In addition to the items specified in the SF-424, the application should include the Dun and Bradstreet Data Universal Numbering System (DUNS) number for the agency.

To receive a grant, States must meet the eligibility requirements identified below in Section B: Eligibility Instructions.

Signature: The application and report may be signed by the Governor or an individual authorized to act on behalf of the State office, agency, or organization designated by the Governor to apply for a CJA grant, and to assume for that agency the obligations imposed by the terms and conditions of the grant award.

The Governor must sign the Governor’s letter listing the assurances related to the CJA award. The Governor’s letter requirement is detailed on pages 14-15.

Delivery: The Federal government is continually striving to promote efficiency in the management of its programs. As such, States should submit the application and subsequent annual program reports electronically. Consistent with Action Transmittal No. OGM-AT-13-01, issued September 25, 2013 by the ACF Office of Grants Management, as of October 1, 2013, all applications, plans and financial reports for mandatory grants must now be submitted electronically. States should submit their application and report, and the three-year assessment (if applicable), to the CJA Resource Inbox at: [email protected].

ELIGIBILITY INSTRUCTIONS

Eligibility Requirements

Eligibility for a CJA grant is based on two sets of requirements:

States must be in compliance with the child abuse and neglect State Grant requirements set forth in Section 106(b) of CAPTA at the time of the CJA award. States not eligible for a State Grant will not be eligible for a FY 2020 CJA grant.

States must fulfill the CJA requirements specified in Section 107 of the Act. These requirements differ for: (A) States which have never established eligibility to receive CJA funding; (B) States which met the three-year assessment requirement and received CJA funding in FY 2017; and (C) all other States. These requirements are specified in the “Documentation of Eligibility” section which follows.

Documentation of Eligibility

All States must complete Part C below and applicable sections of Part E on pages 18-19. States required to submit a three-year assessment with this application must complete the additional requirements stated in Part D, “Additional Requirements for States” on pages 16-17.

REQUIREMENTS FOR ALL STATES

All States must provide as part of the application information regarding:

Establishment and Maintenance of a CJA State Task Force (Sections 107(b)(2) and 107(c)(1)) of the Act

States must provide documentation that the State has established or designated and maintained a multidisciplinary Task Force on children's justice, composed of professionals with knowledge of and experience with the criminal justice system and the system handling child physical abuse, child neglect, child sexual abuse and exploitation, and child maltreatment related fatalities. Submitted documentation may include information on the Task Force’s meeting schedule, meeting attendance, meeting minutes, description of any subcommittees and their purpose and accomplishments, and/or any other information that documents the work and accomplishments of the Task Force over the last reporting period.

Applicants must clearly list the Task Force member for each discipline. The documentation must include the names, titles and brief descriptions of the relevant professional experience of each Task Force member, and designation of which professional category the task force member represents. States have found presenting this information in table format useful.

Applicants are reminded that each Task Force member may only represent one discipline. Though members may have experience in multiple disciplines, submitted documentation

must demonstrate that each of the required 14 disciplines is filled by a unique Task Force member.

Documentation must demonstrate that the State Task Force includes members representing the following disciplines as specified in Section 107(c)(1) of the Act:

Law Enforcement Community
Criminal Court Judge(s)
Civil Court Judge(s)
Prosecuting Attorney(s)
Defense Attorney(s)
Attorney(s) for Children
Court Appointed Special Advocate Representative(s), where such programs are in operation
Health Professional(s)
Mental Health Professional(s)
Child Protective Service Agencies
Individual(s) experienced in working with children with disabilities
Parents and Representatives of Parent Groups
Adult former victims of child abuse and or neglect²; and
Individuals experienced in working with homeless children and youths (as defined in section 725 of the McKinney-Vento Homeless Assistance Act (42

U.S.C. 11434a)).

Governor's Letter

A letter addressed to Elizabeth Darling, Commissioner, Administration on Children, Youth and Families (ACYF), signed by the Governor certifying the following assurances:

the State received the FY 2019 child abuse and neglect Basic State Grant and continues to comply with the requirements stipulated in Section 106(b) of the Act; or the State has received a recently rendered Federal decision attesting to the State's current compliance with the requirements for the Basic State Grant under Section 106(b); and

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²While the language in the Act describes this category of Task Force members as “adult former victims of child abuse and or neglect,” we urge all Task Forces to consult with those individuals to determine a designation that may provide a more meaningful and empowering way to describe their experience and role on the Task Force, particularly for use in public events or public facing documents. In August 2019, the Children’s Bureau issued Information Memorandum ACYF-CB-IM-19-03 on “Engaging, empowering, and utilizing family and youth voice in all aspects of child welfare” where it challenged child welfare agencies to “Change the Words We Use to Describe Parents, Youth and Caregivers.” Changing language can support the empowerment of individuals whose lives were affected by child abuse and neglect, but who now, through their participation on the Task Force, are drawing on that life experience to improve the child protection system.

the State will maintain a State multidisciplinary task force on children's justice (only for those States not currently receiving CJA funds); or

the State has maintained a State multidisciplinary task force on children's justice (only for those States currently receiving CJA funds); and

the State has adopted or continues to progress in adopting recommendations of the State Task Force or a comparable alternative to such recommendations; and

the State will make such reports to the Secretary as may reasonably be required, including an annual report on how assistance received under this program was expended throughout the State, with particular attention to the areas described in paragraphs (1) through (3) of Section 107(a); and

the State will maintain and provide access to records relating to activities under CJA; and

the State will participate in at least one Federally initiated CJA meeting each year that the grant is in effect and are authorized to use grant funds to cover travel and per diem expenses for two CJA representatives (CJA Coordinator and Task Force Chairperson) to attend the meeting.

Please note that a new and updated Governor’s letter with the aforementioned assurances must be included every year as part of the CJA application. The letter should be submitted electronically with the annual report and application per the submission instructions included above on page 12.

Certification

The following certification is required at the time of application for Federal funds:

Certification Regarding Lobbying (See Website Link on Page 21)

Pursuant to 45 CFR Part 93, the certification must be signed and submitted with the application. If applicable, a SF LLL-Disclosure of Lobbying Activities, which discloses lobbying payments, must be submitted.

A retyped certification or a State's own certification form will not be accepted.

ADDITIONAL REQUIREMENTS FOR STATES Three-year Assessment Requirement

Section 107(d) of the Act requires the State Task Force to undertake a comprehensive review and evaluation of the investigative, administrative, and both civil and criminal judicial handling of cases of child abuse and neglect and to make training and policy recommendations in each of the three categories in Section 107(e)(1)(A), (B) and (C). The State Task Force assessment (review, evaluation and recommendations) is required for an initial application and at three-year intervals thereafter.

The assessment must include a report clearly outlining the review, evaluation, and recommendations in all the areas required in Section 107(e)(1)(A), (B) and (C). See required areas on page 5.

The report must detail the process used by the State to conduct and complete the Three- year Assessment. The review and evaluation should build on prior assessments and note system improvements related to prior work. The review must outline proposed policy and training recommendations.

Additional information: The report may also include any other relevant comments and recommendations. States may identify numerous training and policy recommendations and choose to prioritize certain recommendations to be supported by CJA funding.

States which completed the three-year assessment requirement and received funding in FY 2017 must include in their FY 2020 application documentation that the State Task Force complied with the requirement for a State Task Force study at three-year intervals. Those States are:

Alaska California Pennsylvania Virginia Wyoming

States required to submit a Three-year Assessment with this application must provide:

A statement of the Task Force's function/purpose

The date the Task Force was established

State Task Force Recommendations (Section 107(d))

Documentation that the State Task Force has comprehensively:

reviewed and evaluated State investigative, administrative and both civil and criminal judicial handling of cases of child abuse and neglect, including child sexual abuse and exploitation, as well as cases involving suspected child maltreatment related fatalities and cases involving a potential combination of jurisdictions, such as intrastate, interstate, Federal-State, and State-Tribal; and
made policy and training recommendations in each of the categories described in Section 107(e) of the Act. The task force may make such other comments and recommendations as are considered relevant and useful.

Documentation must include a report of the State Task Force study including its recommendations in all areas required in Section 107(e) of the Act.

State Implementation of the State Task Force Recommendations (Section 107(e) of the Act)

Documentation that the State adopted the Task Force recommendations as stipulated in 3(b) above.

Note: As provided in Section 107(e)(2) of the Act, a State shall be considered to be in fulfillment of Section 107(e)(1) requirements if it:

adopts comparable alternatives to the recommendations of the Task Force in each of the categories for which the Task Force's recommendations are not adopted; or
is making substantial progress toward adopting the Task Force recommendations or comparable alternatives to such recommendations.

The documentation must identify all Task Force recommendations adopted and/or comparable alternatives designed to carry out the purposes of the Act; describe the actions yet to be taken and timetables for implementing each recommendation or comparable alternative; or be sufficient to support a showing that the State is making substantial progress in adopting Task Force recommendations or comparable alternatives.

PROGRAM DESCRIPTION INSTRUCTIONS

Program Performance Reporting Requirements and Program Content

The program performance report is required annually. The performance report is to be included as part of the application. The reporting period for a program performance report should include activities for the 12 month period preceding the date of submission of the application (May 2019 to May 2020). A program performance report should focus on the programming, outputs, and outcomes of CJA activities and projects for the prior year.

Reports should include:

clear statement of the needs of the State as identified by the Task Force in the most recent Three-Year Assessment;
activities, outputs, and outcomes as they relate to the needs identified, including implementation of evidence-based trainings and programming; and
results of process and program evaluation efforts of the CJA projects.

The program performance report must describe project impact and/or progress related to categories listed in the legislation:

activities to improve the investigative, administrative, and judicial handling of cases of child abuse and neglect, including child sexual abuse and exploitation, as well as cases involving suspected child maltreatment related fatalities and cases involving a potential combination of jurisdictions, such as intrastate, interstate, Federal-State, and State-Tribal, in a manner which reduces the additional trauma to the child victim and the victim’s family and which also ensures procedural fairness to the accused;

support of experimental, model, and demonstration programs for testing innovative approaches and techniques which may improve the prompt and successful resolution of civil and criminal court proceedings or enhance the effectiveness of judicial and administrative action in child abuse and neglect cases, particularly child sexual abuse and exploitation cases, including the enhancement of performance of court appointed attorneys and guardians ad litem for children, and which also ensure procedural fairness to the accused; and

reform of State laws, ordinances, regulations, protocols, and procedures to provide comprehensive protection for children, which may include those children involved in reports of child abuse or neglect with a potential combination of jurisdictions, such as intrastate, interstate, Federal-State, and State-Tribal, from child abuse and neglect, including child sexual abuse and exploitation, while ensuring fairness to all affected persons.

Application for Proposed Activities

All submissions must also include an application for proposed activities. The application is to include a description of the categories/areas/activities (as described on page 5 (A), (B) and (C)) to be supported with Children's Justice Act grant funds over the 12 month period following submission of the application.

The Application should include:

the goals and objectives of each proposed project;
approaches to be used to achieve the goals and objectives of each proposed project;
a clear budget for each proposed project;
evaluation efforts related to each project, as appropriate;
an explanation of the extent to which each project contributes to the reform of State systems handling cases of child abuse and neglect and furthers implementation of State Task Force recommendations; and
a clearly articulated demonstration of the CJA program’s awareness of the CFSP and APSR strategies and goals, and the ways in which the CJA program’s activities and goals align with those of the CFSP and APSR, as appropriate.

PART IV: ADDITIONAL INFORMATION

Closing Date for Receipt of Applications

All required documentation must be submitted electronically to the Federal Project Officer at the Office on Child Abuse and Neglect by May 29, 2020.

Intergovernmental Review of Federal Programs (Executive Order 12372)

This program is covered under Executive Order (EO) 12372, "Intergovernmental Review of Federal Programs," for State plan consolidation and simplification only (See 45 CFR 100.12). The review and comment provisions of the EO and Part 100 do not apply.

Paperwork Reduction Act

PAPERWORK REDUCTION ACT OF 1995 (Pub. L. 104-13) STATEMENT OF PUBLIC BURDEN: The purpose of this information collection is to assist states in developing, establishing and operating programs designed to improve: (1) the assessment and investigation of suspected child abuse and neglect cases, including cases of suspected child sexual abuse and exploitation, in a manner that limits additional trauma to the child and the child's family; (2) the assessment and investigation of cases of suspected child abuse-related fatalities and suspected child neglect-related fatalities; (3) the investigation and prosecution of cases of child abuse and neglect, including child sexual abuse and exploitation; and (4) the assessment and investigation of cases involving children with disabilities or serious health-related problems who are suspected victims of child abuse or neglect. Public reporting burden for this collection of information is estimated to average 60 hours per respondent, including the time for reviewing instructions, gathering and maintaining the data needed, and reviewing the collection of information. This is a mandatory collection of information (42 U.S.C. 5106c Sec. 107 (b)(4) and 42 U.S.C. 5106 Sec. 107 (B)(5)). An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information subject to the requirements of the Paperwork Reduction Act of 1995, unless it displays a currently valid OMB control number. The OMB # for this information collection is 0970-0425. If you have any comments on this collection of information, please contact Jan Rothstein at the Children’s Bureau, Administration for Children and Families by email at

[email protected].

Catalog of Federal Domestic Assistance (CFDA) # 93.643 Inquiries to:

Lauren Fischman

Office on Child Abuse and Neglect Children’s Bureau

Telephone: (202) 205-4539

Email address: [email protected]

Effective Date: Upon Issuance.

/s/

Elizabeth Darling Commissioner

Administration on Children, Youth and Families

Attachment 1: Websites for CJA Resource Materials

Please visit the following websites listed below to access the relevant CJA resource materials for this PI:

http://www.ecfr.gov/cgi-bin/text-idx?node=pt45.1.75 45 CFR Part 75

http://www.ecfr.gov/cgi-bin/text- idx?SID=0ed18533eff226ffb087a726b2b54eb8&mc=true&node=se45.1.95_122&rgn=div8 45 CFR Part 95.22, revised as of October 1, 1999

https://www.acf.hhs.gov/sites/default/files/cb/capta.pdf

Child Abuse Prevention and Treatment Act as amended by P.L. 115-271, the Substance Use- Disorder Prevention That Promotes Opioid Recovery and Treatment for Patients and Communities Act

https://www.acf.hhs.gov/grants/certification-regarding-lobbying Certification Regarding Lobbying

https://pms.psc.gov/

Payment Management System

https://www.acf.hhs.gov/cb/resource/im1702

Information Memorandum: High Quality Legal Representation for All Parties in Child Welfare Proceedings

https://www.acf.hhs.gov/sites/default/files/cb/im1805.pdf

Information Memorandum: Reshaping child welfare in the United States to focus on strengthening families through primary prevention of child maltreatment and unnecessary parent-child separation.

https://www.acf.hhs.gov/sites/default/files/cb/pi1808.pdf

Program Instruction: Change in Expenditure Period Length for Children’s Justice Act Grant Funds

https://www.acf.hhs.gov/sites/default/files/cb/im1903.pdf

Information Memorandum: Engaging, empowering, and utilizing family and youth voice in all aspects of child welfare to drive case planning and system improvement.

Attachment 2: Tentative Fiscal Year 2020 State Allocation Table

Grantee	Tentative Allocation Amount
ALABAMA	258,812
ALASKA	85,219
ARIZONA	364,731
ARKANSAS	184,728
CALIFORNIA	1,772, 462
COLORADO	292,417
CONNECTICUT	190,862
DELAWARE	89,013
DISTRICT OF COLUMBIA	74,428
FLORIDA	860,286
GEORGIA	530,098
HAWAII	108,134
IDAHO	135,639
ILLINOIS	597,448
INDIANA	350,451
IOWA	190,014
KANSAS	185,261
KENTUCKY	243,290
LOUISIANA	259,976
MAINE	97,977
MARYLAND	306,770
MASSACHUSETTS	311,888
MICHIGAN	464,747
MINNESOTA	299,579
MISSISSIPPI	185,296
MISSOURI	313,799
MONTANA	93,959
NEBRASKA	141,362
NEVADA	182,011
NEW HAMPSHIRE	99,465
NEW JERSEY	424,315
NEW MEXICO	142,380
NEW YORK	829,442
NORTH CAROLINA	490,800

Grantee	Tentative Allocation Amount
NORTH DAKOTA	84,238
OHIO	546,877
OKLAHOMA	233,261
OREGON	217,374
PENNSYLVANIA	557,527
RHODE ISLAND	89,319
SOUTH CAROLINA	261,897
SOUTH DAKOTA	91,693
TENNESSEE	338,590
TEXAS	1,467,465
UTAH	228,658
VERMONT	72,220
VIRGINIA	408,249
WASHINGTON	368,683
WEST VIRGINIA	119,773
WISCONSIN	294,499
WYOMING	75,823
AMERICAN SAMOA	54,496
GUAM	60,023
NORTHERN MARIANA ISLANDS	53,286
PUERTO RICO	163,812
VIRGIN ISLANDS	55,178
Total	17,000,000

Attachment 3: Office of Grants Management Contact Information

State

Grants Management Staff Name

Email

Phone Number

Alabama

Karla Richardson

File Type	application/vnd.openxmlformats-officedocument.wordprocessingml.document
Author	Jones, Molly (ACF)
File Modified	0000-00-00
File Created	2021-01-14

Application and Program Reporting Requirements for Children's Justice Act Grants