At a minimum to further FVPSA requirements, States and State Domestic Violence Coalitions will work together to determine grant priorities based upon jointly identified needs; to identify strategies to address needs; to define mutual expectations regarding programmatic performance and monitoring; and to implement an annual collaboration plan that incorporates concrete steps for accomplishing these tasks.
The section above goes on to describe that states and statewide domestic violence coalitions are also required to work with Tribal Coalitions, tribes and tribal organizations, and other representatives from other underserved communities:
States must involve community-based organizations that primarily serve underserved populations, including culturally- and linguistically-specific populations, to determine how such populations can assist the States in serving the unmet needs of underserved populations and culturally- and linguistically-specific populations. Tribes should be involved in these processes where appropriate, but this rule is not intended to encroach upon Tribal sovereignty.
The purpose of the needs assessment is to gather information on the needs of survivors, programs (whether funded or unfunded by the state or whether they are a member or are not a member of a coalition), and communities across the state and territory. The information gathered through the needs assessment will then need to be evaluated and utilized as part of the state planning process.
The purpose of the state planning process is to determine the best use of FVPSA funds based on the identified needs and in compliance with FVPSA requirements. The planning process should be utilized to develop collaborative processes between States, statewide and territorial domestic violence coalitions, and Tribal Coalitions for the distribution of grant funds and for the monitoring of the use of the funds. Again, although the FVPSA statute and regulations assign distinct roles to each party, each role is meant to be done in close collaboration with one another and documentation of that collaboration is expected as outlined in FVPSA statute, regulations, and FOA requirements.
There is no “one size fits all” approach, and states, statewide and territorial domestic violence coalitions, and Tribal coalitions are encouraged to work collaboratively on the best approach for their states, territories, and communities. The FVPSA regulations provide a framework and outline the requirements for states and domestic violence coalitions to assist them in the development of their own processes.
Statewide Needs Assessments
The requirement for needs assessments can be found under the statewide and territorial domestic violence coalition section in the FVPSA statute at 42 U.S.C. §10411 (d)(1):
A coalition that receives a grant under this section shall use the grant funds for administration and operations to further the purposes of family violence, domestic violence, and dating violence intervention and prevention, through activities that shall include—
1. working with local family violence, domestic violence, and dating violence service programs and providers of direct services to encourage appropriate and comprehensive responses to family violence, domestic violence, and dating violence against adults or youth within the State involved, including providing training and technical assistance and conducting State needs assessments [emphasis added];
Coalitions are tasked with collaborating and including underserved communities, including Tribes, in the needs assessment process as described in the FVPSA FOA for statewide and territorial domestic violence coalitions Section I. Program Description: Coordinated and Accessible Services:
Coalitions receiving funds under this FOA will assist states in identifying underserved populations to work with states to unify state planning with coalition needs assessment so that comprehensive culturally and linguistically specific services are provided (45 CFR § 1370.20(c)(1)(ii)). Coalitions are required to collaborate with service providers, community-based organizations, tribes and tribal organizations to address the needs of family violence, domestic violence, and dating violence victims, and their dependents, who are members of racial and ethnic minority populations and underserved populations (42 U.S.C. § 10411(d)(3) and (d)(8)).
The full text referenced in the FOA excerpt above for sections 42 U.S.C. § 10411(d)(3) and (d)(8) is as follows:
(3) working in collaboration with service providers and community-based organizations to address the needs of family violence, domestic violence, and dating violence victims, and their dependents, who are members of racial and ethnic minority populations and underserved populations;
(8) collaborating with Indian tribes and tribal organizations (and corresponding Native Hawaiian groups or communities) to address the needs of Indian (including Alaska Native) and Native Hawaiian victims of family violence, domestic violence, or dating violence, as applicable in the State.
Section III. Eligibility Information of the FOA also mentions needs assessments. While this section focuses on boards, it does set the expectations for how needs assessments should be informed and which communities must be involved:
In order for statewide needs assessments and other organizational and state planning to be fully informed directly by stakeholders from diverse communities, it is expected that the Coalition Board of Directors will reflect the cultural, racial, and ethnic populations that the coalition serves throughout the state.
The FOA outlines the requirements that applicants must respond to including providing a comprehensive description of their plan to conduct statewide needs assessments in Section IV. Application and Submission Information: The Project Description 5(b):
5. A description of the following required activities funded in whole or in part with FVPSA grant funds. The description shall include the goals and objectives, timeline for completion (please provide specific dates when possible), and anticipated outcomes/outputs using the following format:
b) Conduct statewide needs assessments that include member and non-member programs that provide direct services to encourage appropriate and comprehensive responses to family violence, domestic violence, and dating violence against adults or youth in the state (42 U.S.C. § 10411(d)(1)). In conducting needs assessments, the coalition must work in partnership with the state-on-state planning to involve representatives from underserved populations and culturally and linguistically specific populations to plan, assess, and voice the needs of the communities they represent. (45 CFR § 1370.20(c)(1)(ii)). Please include a description of how often the coalition conducts a needs assessment and how the applicant assists the state with identifying underserved populations and culturally and linguistically specific organizations in the state planning process, including utilizing the information obtained through the coalition’s needs assessments.
As noted in the excerpt above, the FOA emphasizes the requirement for collaboration between statewide domestic violence coalitions with States in the needs assessment and state planning processes. This is first mentioned in the FOA in Section I. Program Description: Coordinated and Accessible Services and references guidance from the FVPSA regulations:
…States must also consult with, and provide for, the participation of SDVC and tribal coalitions in the state planning process, including planning and monitoring of the distribution and administration of subgrant programs and projects; and coordinating with SDVC needs assessments to identify service gaps or problems and to develop appropriate response plans and programs (45 CFR § 1370.10(a)).
The full text of the FVPSA regulations referenced in the FOA section above can be found at 45 CFR § 1370.10(a):
States also must consult with and provide for the participation of State Domestic Violence Coalitions and Tribal Coalitions in State planning and coordinate such planning with needs assessments to identify service gaps or problems and develop appropriate responsive plans and programs. Similar coordination and collaboration processes for Tribes and State Domestic Violence Coalitions are expected when feasible and appropriate with deference to Tribal sovereignty as previously indicated. [emphasis added]
Note that while the FVPSA statute and regulations task both statewide domestic violence coalitions and States to collaborate and coordinate with Tribes, there are not any similar statutory or regulatory requirements for Tribes to participate in order to respect tribal sovereignty. Tribes are certainly encouraged to participate in these processes and it is imperative that statewide domestic violence coalitions work to build strong relationships with Tribes centered on trust and meaningful collaboration.
State Planning
State planning is first mentioned in the state section of the FVPSA statute at 42 U.S.C. §10407(a)(2)(D) and focuses on the collaboration and involvement of statewide and territorial domestic violence coalitions:
(D) in the case of an application submitted by a State, provide an assurance that the State will consult with and provide for the participation of the State Domestic Violence Coalition in the planning and monitoring of the distribution of grants to eligible entities as described in section 10408(a) of this title and the administration of the grant programs and projects;
The FVPSA FOA for States provides additional details around expectations for the planning process in Section IV. Application and Submission Information: The Project Description: B. State Planning:
The state is required to develop a plan to provide for the establishment, maintenance, and expansion of programs and projects to prevent incidents of family violence, domestic violence, and dating violence; to provide immediate shelter, supportive services, and access to community-based programs for victims of family, domestic, and dating violence, and their dependents; and to provide specialized services for children exposed to family, domestic, or dating violence, including victims who are members of underserved populations. This plan should look at all the needs across the state to help it distribute funding, conduct outreach, and provide training and technical assistance as appropriate with all its available resources. While the state’s planning process and the resulting state plan may vary greatly from state to state, FVPSA requires certain actions/elements to be included in the FVPSA application (42 U.S.C. 10407(a)(2) and 45 CFR1370.10))
As noted in the FOA section above, the FVPSA regulations provide a detailed framework to assist States in the planning process at 45 CFR §1370.10(a):
…States must consult with and provide for the participation of State Domestic Violence Coalitions and Tribal Coalitions in the planning and monitoring of the distribution and administration of subgrant programs and projects. At a minimum to further FVPSA requirements, States and State Domestic Violence Coalitions will work together to determine grant priorities based upon jointly identified needs; to identify strategies to address needs; to define mutual expectations regarding programmatic performance and monitoring; and to implement an annual collaboration plan that incorporates concrete steps for accomplishing these tasks….
Just as the FVPSA statute emphasizes collaboration with statewide domestic violence coalitions, the regulations also underscore this requirement and also include Tribal Coalitions as noted above. Additionally, as with the descriptions of statewide needs assessments, the FVPSA statute and regulations also emphasizes the need for collaborating and including underserved communities as noted in 42 U.S.C. §10407(a)(2)(E) and 45 CFR §1370.10(a):
(E) describe how the State or Indian tribe will involve community-based organizations, whose primary purpose is to provide culturally appropriate services to underserved populations, including how such community-based organizations can assist the State or Indian tribe in addressing the unmet needs of such populations;
(a)…States must involve community-based organizations that primarily serve underserved populations, including culturally- and linguistically-specific populations, to determine how such populations can assist the States in serving the unmet needs of underserved populations and culturally- and linguistically-specific populations.
45 CFR §1370.10(a) continues with the expectations for States to collaborate with Tribes, with deference to Tribal sovereignty, and Tribal Coalitions:
Tribes should be involved in these processes where appropriate, but this rule is not intended to encroach upon Tribal sovereignty. States also must consult with and provide for the participation of State Domestic Violence Coalitions and Tribal Coalitions in State planning and coordinate such planning with needs assessments to identify service gaps or problems and develop appropriate responsive plans and programs….
States are encouraged to seek assistance from FVPSA funded TA providers including NIWRC and NNEDV as described in the FVPSA FOA for States at Section I. Program Description: Coordinated and Accessible Services.
Note that while the FVPSA statute and regulations task both statewide domestic violence coalitions and States to collaborate and coordinate with Tribal Coalitions, there are not any similar statutory or regulatory requirements for Tribal Coalitions as they are not currently funded under FVPSA statute. Both the FVPSA statute and regulations do mention expectations for tribes related to planning as both states and tribes are included in the same sections of the statute and regulations, but the expectations are for tribes to do planning in their own nations/communities. However, as described in the FVPSA FOA for states in Section I. Program Description: Coordinated and Accessible Services, tribes are encouraged to participate in state planning and needs assessment processes in addition to applying for FVPSA funding through the State:
States must involve tribes and tribal organizations in their work with state domestic violence coalitions to support collaboration and ensure tribal members are served appropriately in non-Native domestic violence programs. Pursuant to FVPSA, tribes (both state and federal) and tribal organizations are eligible entities to receive FVPSA state funds. Where appropriate and in deference to tribal sovereignty, tribes are encouraged to apply for subawards under the FVPSA state funding and become involved in state planning and state domestic violence coalitions’ needs assessments.
It is imperative that states work to build strong relationships with tribes centered on trust and meaningful collaboration.