CSBG Hot Topics 2015 National Certified ROMA Training April 9, 2015

Transcription

1 CSBG Hot Topics 2015 National Certified ROMA Training April 9, 2015 Allison Ma luf, Esq. CAPLAW (617) Agenda Client Eligibility Use of CSBG Funds Child Support Referrals Tripartite Board OCS initiatives 2 1

2 Client Eligibility 3 Eligibility CSBG Act requires income to be a criterion for eligibility in a CSBG-funded program Income cap is generally 100% of OMB federal poverty line, as revised annually by HHS State may permit CSBG services to be provided to clients up to 125% of federal poverty line if it determines that doing so serves CSBG program objectives CAA may give priority to clients of lower income levels See 42 USC 9902(2) 4 2

3 Process for Determining Eligibility Process for determining or documenting income eligibility not addressed in federal CSBG Act or guidance To ensure income eligibility of clients, some screening process should be used 5 Proposed CSBG Model State Plan Asks if a state has: Individual income eligibility threshold Participant eligibility policy Eligibility determination for limited in-take procedures, e.g., emergency food assistance Eligibility determination for services providing a community-wide benefit, e.g., building partnerships with other orgs. 6 3

4 Eligibility Determination If state has not specified process, CAA develops process Develop written process that can be implemented Train employees Gather sufficient information to determine eligibility, including documentation as necessary Document that screening has been completed Monitor 7 Issues to Consider Whose income counts? What counts as income? What time period is used for income determination (e.g., 1 month, 3 months, 12 months)? Must income be re-determined after a certain length of time? What documents should be reviewed? What documents should be retained? 8 4

5 Group Eligibility Determination CAA may not always be required to conduct individualized eligibility determinations if services are: Provided to a group, rather than to individuals, and circumstances indicate that group members are likely to be income-eligible Provided on individual basis but impossible or impracticable to obtain income documentation Intended to increase community awareness of or involvement in poverty issues Discuss with state CSBG office 9 Is Residency Required? If residency in the CSBG service area is an eligibility requirement of the CAA and/or state CSBG laws, a CAA may require residency documentation Otherwise, an eligible entity may decide to serve individuals who live outside the service area Ex., such as individuals who work in the service area 10 5

6 Non-discrimination Requirements Must conduct CSBG eligibility determinations in a manner that does not discriminate against applicants on the basis of race, color, national origin, age or disability Eligible entities that are religious organizations are prohibited from discriminating against applicants on the basis of religion 42 U.S.C. 9918(c)(1); Title VI of the Civil Rights Act of 1964, 42 U.S.C 2000d 11 Is Anyone Categorically Ineligible? No one is categorically ineligible other than those not meeting the income eligibility requirements CAA staff and board members and members of their families may receive CSBG benefits/services if: Meet all applicable eligibility criteria Do not receive preferential treatment Services/benefits provided on terms similar to those not connected to CAA 12 6

7 Is Anyone Categorically Ineligible? Non-citizens may not be denied services unless exclusion authorized by another statute, OCS IM 30 (1998) Convicted felons may be provided with prisoner re-entry services and other services Individuals with a history of substance abusemay be provided substance abuse treatment or other services Those receiving similar benefits/services from another source should not be denied CSBG services/benefits; rather obtain info so able to coordinate with other providers 13 Allocation of Costs If CSBG funds support or supplement a program that has higher or no income eligibility requirements, CAA should allocate costs among programs Must have reasonable, documented basis for allocations based on relative benefit received Example: May demonstrate that proportion of program clients who are CSBG-eligible is equal to or greater than the proportion of program costs paid with CSBG funds 14 7

8 Use of CSBG Funds 15 Allocations to States Each state must allocate and use funds received from OCS as follows: Must pass through at least 90% of its federal CSBG allotment to Eligible Entities May use $55,000 or 5% (whichever is greater) for state administrative costs Remaining funds ( discretionary funds ) must be used for CSBG-authorized purposes Federal CSBG Act, 42 U.S.C

9 State s Use of Discretionary Funds For states, authorized uses of CSBG discretionary funds include: Providing training and technical assistance Coordinating state-operated programs and services and Supporting coordination and communication among eligible entities Analyzing distribution of funds to ensure targeted to areas with the greatest poverty needs. Federal CSBG Act, 42 U.S.C State s Use of Discretionary Funds For states, authorized uses of CSBG discretionary funds include: Supporting asset-building programs for low-income individuals Supporting innovative programs and activities conducted by CAAs or other neighborhood-based orgs Supporting other activities, consistent with purposes of the CSBG Act Federal CSBG Act, 42 U.S.C

10 CAA s Use of Allocation Purpose of CSBG award differs from most other grants because it does not: Focus on funding a particular service Function solely as a "stand alone" program See OCS Information Memorandum (IM) 37 (1997) 19 CAA s Use of Allocation Generally, CSBG funds may be used to support: Creation of new programs and services Augmentation of existing programs and services Organizational infrastructure required to coordinate and enhance multiple programs and resources that address poverty conditions in the community See OCS Information Memorandum No

11 LIHEAP and CSBG See LIHEAP Info. Memo. No Costs for Planning and Administration -Updated Information, ap-im-on-costs-for-planning-and-administrationupdated-information 21 Examples of Coordination from IM 37 CSBG funds can be used to connect and make more effective use of services to low-income people, e.g., by: Creating and maintaining a computer network among multiple service providers in a community Developing and operating a one-stop family center that houses multiple service providers and programs funded by other sources 22 11

12 Examples of Coordination from IM 37 CSBG funds can be used to connect and make more effective use of services to low-income people, e.g., by: Conducting community-wide needs assessments and multi-service strategic planning Compiling, publishing, and distributing information to help clients make better use of services and programs funded by other sources 23 General Intake and Screenings CSBG funds may be used to support initial, general intake and eligibility screenings If an applicant is not CSBG eligible but eligible for other CAA services/benefits or those of another provider, CSBG funds may pay for staff time and expenses related to: Informing the applicant of other services and Referring him/her to a staff person who handles those other services 24 12

13 Non-CSBG Services/Benefits Outside of an intake and eligibility screening process, CSBG funds may be used to provide info on and referrals for non-csbg services/benefits targeted to those who are CSBG-eligible The CSBG Act requires states to include in their CSBG state plans: information provided by eligible entities in the State, containing a description of how linkages will be developed to fill identified gaps in services, through the provision of information, referrals.. 42 U.S.C. 9908(b)(3)(B) 25 Use of CSBG Funds for Real Property and Improvements CSBG Act prohibits use of CSBG funds, unless receive awaiverfromhhs,for: Purchaseofland Improvement of land Purchaseofabuildingorfacility Construction of a building or facility Permanent improvement of a building or facility, other than low-cost residential weatherization or other energy-related home repairs See 42 U.S.C. 9918(a)(1) 26 13

14 Permanent Improvement Work is a permanent improvement if it: Materially increases permanent value of the property; Appreciably prolongs life of the property; or Puts, rather than maintains, the property in efficient operating condition See OMB Circular A-122, Att. B, 15(b)(3); OMB Circular A-87, Att. B 15(b)(3) and Omni Circular 2 C.F.R Maintenance, Repair, etc. Work is not a permanent improvement if it is: Maintenance and repair OMB Circular A-122, Att. B, 27; OMB Circular A-87, Att. B, 25 and Omni Circular, 2 C.F.R Rearrangement and alteration costs OMB Circular A-122, Att. B, 39; OMB Circular A-87, Att. B, 35 and Omni Circular, 2 C.F.R

15 Waiver State, not CAA, requests waiver from HHS To obtain a waiver must such show that: Extraordinary circumstances to justify purchase of land or construction of facilities Waiver will contribute to the state s ability to carry out CSBG purposes 29 Child Support Referrals 30 15

16 Child Support Referrals The federal CSBG Act requires all CAAs during each fiscal year to: Inform custodial parents in single-parent families that participate in CSBG-funded programs, activities, or services about the availability of child support services and Refer eligible parents to the child support offices of state and local governments 42 U.S.C. 9919(b) 31 Child Support Referrals CAPLAW recommends that each CAA: Adopt a child support referral policy, as well as procedures for making child support referrals Distribute a standard notice to clients during intake informing single parents about their potential eligibility for child support services from the state child support agency 32 16

17 Tripartite Board Composition 33 Tripartite Board Composition Exactly 1/3 elected public officials, holding office on the date of selection, or their representatives At least 1/3 chosen in accordance with democratic selection procedures adequate to assure election of representative of low-income individuals and families in neighborhood served Remainder are officials or members of business, industry, labor, religious, law enforcement, education, or other major groups and interests in the community served 42 U.S.C

18 Tripartite Board Selection Board members are to be chosen by grantee Must use democratic selection process for low-income board members Public CAA tripartite board can make recommendations to governing officials 35 Public Sector Under federal law, not required to be chosen by chief elected officials Best to specify in bylaws that CAA itself elects public official board members but not specify which ones CSBG Act says holding office at time of selection OCS IM 82 recommends that public officials serve only while they are in office If elected officials or their representatives not available, may include appointed officials 36 18

19 Public Sector Public officials may designate representatives Generally for nonprofit CAAs, if public official designates representative to serve in his/her place, that person (and not public official) is board member Public official or representative must serve CAA s interests Consider specific terms rather than public officials staying on board as long as in public office 37 Low-Income Sector Must be democratically selected to assure representative of low-income people in service area Should represent current low-income residents, but don t need to be low-income themselves If nonprofit CAA, if low-income rep chosen to represent a particular neighborhood, must live there If public CAA, low-income rep must reside in neighborhood served 38 19

20 Democratic Selection If state law does not require bylaws to describe democratic selection procedures, board may approve separate document describing procedures Possible democratic selection techniques include: Election by ballot or at a community meeting Elected by or designated from elected leaders of lowincome groups (e.g. Head Start Policy Council, neighborhood ass n, public housing tenants ass n, community health center) 39 Democratic Selection Should notbe chosen simply by CAA board or nominating committee Should notbe staff of another low-income service provider picked by CAA board or nominating committee or by executive director of other organization board, etc

21 Private Sector Officials or members of business, industry, labor, religious, welfare, education, law enforcement, or other major groups and interests in community served May include both public and private sector groups and interests Board may choose representatives from organizations or individuals If choosing reps from organizations, board has more flexibility if organizations not specified in bylaws 41 Federal Office of Community Services (OCS) Initiatives 42 21

22 OCS Initiatives Final CSBG Organizational Standards, Information Memorandum (IM) 138, state-establishment-of-organizational-standards-for-csbgeligible-entities Model State Plan Revisions, Dear Colleague Letter, January 29, 2015, 43 OCS Initiatives (cont.) Draft State and Federal Accountability Measures, Dear Colleague Letter, January 28, 2015,

23 Adoption of CSBG Org. Standards States should: Seek input from CAAs Follow state law on adoption of rules and regulations (state Administrative Procedures Act) before incorporating into contracts Provide CAAs with sufficient lead time and T&TA CAAs should: Identify which standards may be challenging Provide input to state on adoption of standards Identify what steps will need to take to adopt and implement standards 45 Additional Resources CAPLAW Q&A on CSBG issues (child support referral, client eligibility, property issues): CAPLAW CSBG Training Tools for Nonprofit and Public CAA Boards: CAPLAW Introduction to CSBG online training module:

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