[Federal Register Volume 68, Number 72 (Tuesday, April 15, 2003)]
[Notices]
[Pages 18232-18247]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-9212]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Administration for Children and Families

[Program Announcement No. OCS 03-01]


Family Violence Prevention and Services Program

AGENCY: Office of Community Services (OCS), Administration for Children 
and Family (ACF), Department of Health and Human Services (HHS).

ACTION: Notice of the availability of funds to State domestic violence 
coalitions for grants to carry out family violence intervention and 
prevention activities.

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SUMMARY: This instruction governs the proposed award of fiscal year 
(FY) 2003 formula grants under the Family Violence Prevention and 
Services Act (FVPSA) to private non-profit State domestic violence 
coalitions. The purpose of these grants is to assist in the conduct of 
activities to promote domestic violence intervention and prevention and 
to increase public awareness of domestic violence issues.
    This instruction sets forth the application requirements, the 
application process, and other administrative and fiscal requirements 
for grants in FY 2003.

Closing Dates and Applications

    The closing time and date for receipt of applications is 4:30 p.m. 
(Eastern Time Zone) on May 15, 2003.
    Deadline: Mailed applications shall be considered as meeting an 
announced deadline if they are received on or before the deadline time 
and date at the Office of Community Services, Administration for 
Children and Families (ACF), Attention: Catherine L. Beck, 5th Floor-
West Wing, 370 L'Enfant Promenade, SW., Washington, DC 20447.

ADDRESSES: Applications should be sent to the Department of Health and 
Human Services, Office of Community Services, Administration for 
Children and Families, Attention: Catherine L. Beck, Fifth Floor--West 
Wing, 370 L'Enfant Promenade, SW., Washington, DC 20447.

FOR FURTHER INFORMATION: William D. Riley (202) 401-5529, Catherine L. 
Beck (202) 401-9352, Sunni Knight (202) 401-5319, or James Gray (202) 
401-5705, Joseph Longergan, Director, Division of Mandatory Grants.

SUPPLEMENTARY INFORMATION:

Confidentiality

    Family Violence Prevention and Services Act programs must establish 
or implement policies and protocols that maintain the safety and 
confidentiality of adult victims of domestic violence and their 
dependents. It is essential that the confidentiality of individuals 
receiving FVPSA services be protected. Thus, when providing statistical 
data on program services and activities, individual identifiers of 
client records will not be used (section 303G).

I. Introduction

    This notice announcing the availability of grants to State Domestic 
Violence Coalitions carries out several requirements in the FVPSA.
    [sbull] The Department must use 10 percent of funds under the FVPSA 
for grants to State Domestic Violence Coalitions; and
    [sbull] An application for a State coalition grant must meet the 
specific requirements in the statute covering eligibility and program 
activities.
    In addition, grantees must meet other requirements, such as annual 
program and financial reporting and fiscal expenditure period 
requirements.
    This notice provides information on all application requirements.

II. Background

    As context for this FY 2003 notice, we wish to emphasize the 
importance of the work of the State Domestic Violence Coalitions and 
their activities and efforts leading to improved (more comprehensive 
and integrated) service delivery systems for victims of domestic 
violence and their dependents. Reducing domestic violence through 
coordinated prevention and services strategies is the primary goal of 
national efforts under the statute.

A. The Importance of Coordination of Services

    The impact of domestic violence includes physical and psychological 
trauma, isolation from family and friends, harm to children witnessing 
or experiencing violence in homes in which the violence occurs, 
increased fear, reduced mobility and employability, homelessness, 
substance abuse, and a host of other health and related mental health 
consequences.
    When programs that seek to address these issues operate 
independently of each other, a fragmented, and consequently less 
effective, prevention and service delivery system is the result. 
Coordination and collaboration among the police, prosecutors, the 
courts, victim services providers, child welfare and family 
preservation services, and medical and mental health service providers 
is needed to provide more responsive and effective services to victims 
of domestic violence and their families. Faith and community based 
organizations should be included in the coordination and collaborative 
efforts. It is essential that all interested parties be involved in the 
design and improvement of intervention and prevention activities.
    The significant correlation between domestic violence, child abuse 
and the use of welfare by battered women as an ``economic escape 
route'' also suggests the need to coordinate domestic violence 
intervention activities with programs that address child abuse, and the 
Temporary Assistance for Needy Families (TANF), the Federal welfare 
program, at the State and local levels.

B. Strengthening Prevention and Intervention Programs

    Domestic violence prevention and services programs need to be 
inclusive in their efforts to address the needs of majority, as well as 
underserved, populations. Ethnic and rural communities face unique 
barriers in seeking services. Culture, language, and isolation can 
limit these populations from seeking assistance or communicating their 
needs. People with disabilities require special considerations 
regarding safety planning, transportation, and/or decreasing the risk 
of future violence.
    Crisis intervention is essential in responding to domestic 
violence. Assessing the victim's safety, assessing the level of risk, 
and attending to the psychological and physical effects of trauma 
requires a coordinated effort among counselors, law enforcement, and 
medical personnel. Once these immediate needs are addressed, there is a 
need to continue comprehensive efforts throughout intervention, 
treatment, and future preventive services, for survivors, families, and 
perpetrators. These collective efforts could include: transitional 
housing assistance; child care; job skills training; mental health and 
substance abuse services to survivors and perpetrators; long-term 
support for survivors; coordination with adult and child protective 
services; and safe enforcement of child support for TANF and non-TANF 
families.
    Domestic violence prevention programs may also extend to 
adolescents. The increasing incidence of date rape and violent 
adolescent relationships indicate the need to provide educational 
programs and

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intervention prior to adulthood. Adolescents may have witnessed 
domestic violence as a child, experienced abuse directly, or themselves 
been perpetrators of abusive behavior. Studies on the prevention of 
domestic abuse and violence in interpersonal relationships suggest that 
youth education may represent an effective community action to reduce 
the incidence of violence in adolescent relationships.
    Perpetrators of domestic violence often have multiple problems that 
contribute to their battering behavior, such as alcohol or drug abuse, 
insecurity or extreme jealousy, lack of self discipline or criminal 
behavior, or severe reactions to stress. Consequently, services for 
perpetrators may be more effective through coordinated efforts with 
substance abuse, mental health, and criminal justice programs.
    Witnessing violence as a child is an important risk factor for 
being a victim or perpetrator of violence later in life. Developing 
innovative strategies for identifying and treating child witnesses is 
an under-explored potential avenue for preventing violence. Providing 
home visitation services, integrating children into shelter services 
with survivors, and providing long-term education and outreach can 
reduce the potential for these children to domestic violence as adults.

III. State Coalition Grant Requirements

    This section provides information and requirements for family 
violence prevention and services grants for State domestic violence 
coalitions and is organized as follows:

A. Legislative Authority
B. Background
C. Eligibility
D. Funds Available
E. Expenditure Period
F. Application Requirements
G. Reporting Requirements
H. Paperwork Reduction Act
I. Executive Order 12372
J. Certifications

A. Legislative Authority

    Title III of the Child Abuse Amendments of 1984 (Pub. L. 98-457, 42 
U. S. C. 10401, et seq.) is entitled the Family Violence Prevention and 
Services Act (the Act). The Act was first implemented in FY 1986, was 
reauthorized and amended in 1992 by Pub. L. 102-295, and was amended 
and reauthorized for fiscal years 1996 through 2000 by Pub. L. 103-322, 
the Violence Crime Control and Law Enforcement Act of 1994, and by Pub. 
L. 104-235, the Child Abuse Prevention and Treatment Act Amendment of 
1996. The Act was most recently amended by the Victims of Trafficking 
and Violence Protection Act (Pub. L. 106-386, October 28, 2000).

B. Background

    Section 311 of the Act, 42 U.S.C. 10410, requires the Secretary to 
award grants to statewide private non-profit State domestic violence 
coalitions to conduct activities to promote domestic violence 
intervention and prevention.

C. Eligibility

    To be eligible for grants under this program announcement, an 
organization shall be a statewide private non-profit domestic violence 
coalition meeting the following criteria:
    (1) The membership of the coalition includes representatives from a 
majority of the programs for victims of domestic violence operating 
within the State (a State domestic violence coalition may include 
representatives of Indian Tribes and Tribal organizations as defined in 
the Indian Self-Determination and Education Assistance Act, 25 U.S.C. 
450b);
    (2) The Board membership of the coalition is representative of such 
programs;
    (3) The purpose of the coalition is to provide services, community 
education, and technical assistance to domestic violence programs in 
order to establish and maintain shelter and related services (as 
defined in the FVPSA) for victims of domestic violence and their 
children; and,
    (4) In the application submitted by the coalition for the grant, 
the coalition provides assurances satisfactory to the Secretary that 
the coalition:
    (A) has actively sought and encouraged the participation of law 
enforcement agencies and other legal or judicial entities in the 
preparation of the application; and
    (B) will actively seek and encourage the participation of such 
entities in the activities carried out with the grant.

D. Funds Available

    The Department will make 10 percent of the Family Violence 
Prevention and Services Act appropriation available for grants to State 
domestic violence coalitions. One grant each will be available for the 
State domestic violence coalitions of the 50 states, the Commonwealth 
of Puerto Rico, and the District of Columbia. The coalitions of the U. 
S. Territories (Guam, U. S. Virgin Islands, Northern Mariana Islands, 
American Samoa, and Trust Territory of the Pacific Islands) are also 
eligible for domestic violence coalition grant awards.

E. Expenditure Period

    The FVPSA funds may be used for expenditures obligated on and after 
October 1 of each fiscal year for which they are granted, and will be 
available for expenditure through September 30 of the following fiscal 
year and may be used for obligations incurred from October 1, 2002. 
Recipients must liquidate all obligations incurred under the award by 
September 30, 2004.

F. Application Requirements

    The State domestic violence coalition application must be signed by 
the Executive Director of the Coalition or the official designated as 
responsible for the administration of the grant. The application must 
contain the following information (consistent with the requirements of 
the Family Violence Prevention and Services Act):
    1. A description of the process and anticipated outcomes of 
utilizing these Federal funds to work with local domestic violence 
programs and providers of direct services to encourage appropriate 
responses to domestic violence within the State, including:
    (a) Training and technical assistance for local programs and 
professionals working with victims of domestic violence;
    (b) Planning and conducting State needs assessments and planning 
for comprehensive services;
    (c) Serving as an information clearinghouse and resource center for 
the State; and
    (d) Collaborating with other governmental systems that affect 
battered women (section 311(a) (1), 42 U.S.C. 10410(a)(1)).
    2. A description of the public education campaign regarding 
domestic violence to be conducted by the coalition through the use of 
public service announcements and informative materials that are 
designed for print media, billboards, public transit advertising, 
electronic broadcast media, and other forms of information 
dissemination that inform the public about domestic violence, including 
information aimed at underserved racial, ethnic or language-minority 
populations (section 311(a)(4), 42 U.S.C. 10410(a)(4)).
    3. The anticipated outcomes and a description of planned grant 
activities to be conducted in conjunction with judicial and law 
enforcement agencies concerning appropriate responses to domestic 
violence cases and an examination of issues including:
    (a) Inappropriateness of mutual protection orders;
    (b) Prohibition of mediation when domestic violence is involved;

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    (c) Use of mandatory arrests of accused offenders;
    (d) Discouragement of dual arrests;
    (e) Adoption of aggressive and vertical prosecution policies and 
procedures;
    (f) Use of mandatory requirements for pre-sentence investigations;
    (g) Length of time taken to prosecute cases or reach plea 
agreements;
    (h) Use of plea agreements;
    (i) Uonsistency of sentencing, including comparisons of domestic 
violence crimes with other violent crimes;
    (j) Restitution to victims;
    (k) Use of training and technical assistance to law enforcement and 
other criminal justice professionals;
    (l) Reporting practices of, and the significance to be accorded to, 
prior convictions (both felony and misdemeanor) and protection orders;
    (m) Use of interstate extradition in cases of domestic violence 
crimes;
    (n) The use of statewide and regional planning; and,
    (o) Any other matters the State Domestic Violence Coalition 
believes merits investigation (section 311(a)(2), 42 U.S.C. 
10401(a)(2)).
    4. The anticipated outcomes and a description of planned grant 
activities to be conducted in conjunction with family law judges, 
criminal court judges, child protective services agencies, child 
welfare agencies, family preservation and support service agencies, and 
children's advocates to develop appropriate responses to child custody 
and visitation issues in domestic violence cases and in cases where 
domestic violence and child abuse are both present, including:
    (a) Inappropriate use of mutual protection orders;
    (b) Prohibition of mediation when domestic violence is involved;
    (c) Inappropriate use of marital or conjoint counseling in domestic 
violence cases;
    (d) Use of training and technical assistance for Family Law Judges, 
Criminal Court Judges, and court personnel;
    (e) The presumption of custody to domestic violence victims;
    (f) Use of comprehensive protection orders to grant fullest 
protection possible to victims of domestic violence, including 
temporary custody support and maintenance;
    (g) Development with Child Protective Services of supportive 
responses that enable victims to protect their children;
    (h) Implementation of supervised visitations or denial of 
visitation to protect against danger to victims or their children; and
    (i) The possibility of permitting domestic violence victims to 
remove children from the State when the safety of the children or the 
victim is at risk (section 311(a)(3), 42 U.S.C. 10410(a)(3)).
    5. The anticipated outcomes and a description of other activities, 
including any participation in the National Council Against Domestic 
Violence; participation in the Violence Against Women Network (VAWANET) 
and its Web site; and/or collaboration with other national or regional 
organizations whose purpose is to further domestic violence 
intervention and prevention.
    6. The following documentation will certify the status of the 
domestic violence coalition and must be included in the grant 
application:
    (a) a description of the procedures developed between the State 
domestic violence agency and the Statewide coalition that allow for 
implementation of the following cooperative activities:
    (i) the applicant coalition's participation in the planning and 
monitoring of the distribution of grants and grant funds provided in 
the State, under section 303(a) of the Act (section 311(a)(5), 42 
U.S.C. 10410(a)(5)).
    (ii) the participation of the State domestic violence coalition in 
compliance activities regarding the State's family violence prevention 
and services program grantees as required by section 303 (3) of the 
Act. The description should specifically address the coalition's role 
in planning, monitoring and compliance activities with respect to 
maintaining client confidentially in accordance with relevant 
requirements including any requirements under the Health Insurance 
Probability and Accountability Act of 1996 and section 303 (g) of the 
Act. (section 303 (g)) requires recipients of FVPSA formula grants to 
establish or implement policies and protocols for maintaining the 
safety and confidentiality of the adult victims and their children of 
domestic violence, sexual assault, and stalking.
    (b) A copy of a currently valid 501(c)(3) certification letter from 
the Internal Revenue Service (IRS) stating private non-profit status; 
or a copy of the applicant's listing in the IRS' most recent list of 
tax-exempt organizations described in section 501(c)(3) of the IRS 
code;
    (c) A copy of the articles of incorporation bearing the seal of the 
State which the corporation or association is domiciled;
    (d) A current list of the organizations operating programs for 
victims of domestic violence programs in the State and the applicant 
coalition's current membership list by organization;
    (e) A list of the applicant coalition's current Board of Directors, 
with each individual's organizational affiliation, and the Chairperson 
identified;
    (f) A copy of the resume of any coalition or contractual staff to 
be supported by funds from this grant and/or a statement of 
requirements for staff or consultants to be hired under this grant; 
and,
    (g) A budget narrative that clearly describes the planned 
expenditure of funds under this grant.
    7. Required Documentation and Assurances are to be included in the 
application as an appendix:
    (a) The applicant coalition must provide documentation in the form 
of support letters, memoranda of agreement, or jointly signed 
statements, that the coalition:
    (i) Has actively sought and encouraged the participation of law 
enforcement agencies and other legal or judicial organizations in the 
preparation of the grant application (section 311(b)(4)(A), 42 U.S.C. 
10410(b)(4)(A)); and, (ii) Will actively seek and encourage the 
participation of such organizations in grant funded activities (section 
311(b)(4)(B), 42 U.S.C. 10410 (b)(4)(B)).
    (b) The applicant coalition must provide a signed statement that 
the coalition will not use grant funds, directly or indirectly, to 
influence the issuance, amendment, or revocation of any executive order 
or similar legal document by any Federal, State or local agency, or to 
undertake to influence the passage or defeat of any legislation by the 
Congress, or any State or local legislative body, or State proposals by 
initiative petition, except that representatives of the State Domestic 
Violence Coalition may testify or make other appropriate 
communications:
    (i) When formally requested to do so by a legislative body, a 
committee, or a member of such organization (section 311 (d)(1), 42 
U.S.C. 10410(d)(1)); or,
    (ii) In connection with legislation or appropriations directly 
affecting the activities of the State domestic violence coalition or 
any member of the coalition (section 311(d)(2), 42 U.S.C. 10410 
(d)(2)).
    (c) The applicant coalition must provide a signed statement that 
the State domestic violence coalition will prohibit discrimination on 
the basis of age, handicap, sex, race, color, and national origin or 
religion, in accordance with section 307 of the Act, 42 U.S.C. 10406.

G. Reporting Requirements

    1. The State domestic violence coalition grantee must submit an 
annual

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report of activities describing the coordination, training and 
technical assistance, needs assessment, and comprehensive planning 
activities carried out; the public information and education services 
provided; the activities conducted in conjunction with judicial and law 
enforcement agencies; the actions conducted in conjunction with other 
agencies such as the State child welfare agency; and any other 
activities undertaken under this grant award. The annual report also 
must provide an assessment of the effectiveness of the grant-supported 
activities.
    The annual report is due 90 days after the end of the fiscal year 
in which the grant is awarded (December 29). The final program report 
is due 90 days after the end of the expenditure period (December 29). 
Program Reports are to be sent to: Office of Community Services, 
Administration for Children and Families, Attn: William D. Riley, 370 
L'Enfant Promenade, SW., 5th Floor West, Washington, DC 20447.
    2. The State domestic violence coalition grantees must also submit 
an annual financial report, Standard Form 269 (SF-269). A financial 
report is due 90 days after the end of the fiscal year in which the 
grant is awarded. A final financial report is due 90 days after the end 
of the expenditure period. Financial reports are to be sent to: 
Administration for Children and Families, Division of Mandatory Grants, 
Attention: Joseph Lonergan, 370 L'Enfant Promenade, SW., 4th Floor 
East, Washington, DC 20447.

H. Paperwork Reduction Act

    Under the Paperwork Reduction Act of 1995 (PRA), Public Law 104-13, 
all Departments are required to submit to the Office of Management and 
Budget (OMB) for review and approval any reporting of record-keeping 
requirement inherent in a proposed or final rule, or program 
announcement. This program announcement contains information collection 
requirements in sections (F) and (G) of Part III, which require that 
certain information must be provided in annual reports, fiscal reports, 
and as part of a grantee's application.
    Public reporting burden for this collection of information is 
estimated to average six hours per response, including the time for 
reviewing instructions, gathering and maintaining the data needed, and 
reviewing the collection information.
    In accordance with the PRA, the application requirements contained 
in this notice have been approved by OMB under control number 0970-
0062. This project description expires 12/31/2003.
    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.

I. Executive Order 12372

    This program is covered under Executive Order 12372, 
``Intergovernmental Review of Federal Programs'' for State plan 
consolidation and simplification only--45 CFR 100.12. The review and 
comment provisions of the Executive Order and part 100 do not apply.

J. Certifications

    Applicants must comply with the required certifications found at 
Attachments A, B, C, and D as follows:
    1. The Anti-Lobbying Certification and Disclosure Form must be 
signed and submitted with the application. If applicable, a Standard 
Form LLL, which discloses lobbying payments, must be signed and 
submitted.
    2. Certification Regarding Debarment: The signature on the 
application by a coalition official responsible for the administration 
of the program attests to the applicant's intent to comply with the 
Debarment Certification. The Debarment Certification does not have to 
be returned with the application.
    3. Certification Regarding Environmental Tobacco Smoke: The 
signature on the application by a coalition official certifies that the 
applicant will comply with the requirements regarding environmental 
tobacco smoke and services to children under 18 of the Pro-Children Act 
of 1994. The applicant further agrees that it will require the language 
of this certification be included in any standards which contain 
provisions for children's Services and that all grantees shall certify 
accordingly.
    4. Certification Regarding Drug-Free Workplace Requirements: The 
signature on the application by a coalition official attests to the 
applicant's intent to comply with the Drug-Free Workplace requirements.

(Catalog of Federal Domestic Assistance Number 93.591, Family 
Violence Prevention and Services: Grants to State Domestic Violence 
Coalitions)
    Dated: April 8, 2003.
Clarence H. Carter,
Director, Office of Community Services, ACF/DHHS.

List of Attachments

Attachment A--Certification Regarding Lobbying
Attachment B--Certification Regarding Debarment
Attachment C--Certification Regarding Environmental Tobacco Smoke
Attachment D--Certification Regarding Drug-Free Workplace
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[FR Doc. 03-9212 Filed 4-14-03; 8:45 am]
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