[Code of Federal Regulations]
[Title 45, Volume 4]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 45CFR1340.13]

[Page 296-297]
 
                        TITLE 45--PUBLIC WELFARE
 
CHAPTER XIII--OFFICE OF HUMAN DEVELOPMENT SERVICES, DEPARTMENT OF HEALTH 
                           AND HUMAN SERVICES
 
PART 1340--CHILD ABUSE AND NEGLECT PREVENTION AND TREATMENT--Table of Contents
 
                       Subpart B--Grants to States
 
Sec. 1340.13  Approval of applications.

    (a) The Commissioner shall approve an application for an award for 
funds under this subpart if he or she finds that:
    (1) The State is qualified and has met all requirements of the Act 
and Sec. 1340.14 of this part, except for the definitional requirement 
of Sec. 1340.14(a) with regard to the definition of ``sexual abuse'' 
(see Sec. 1340.2(d)(1)) and the definitional requirement of negligent 
treatment as it relates to the failure to provide adequate medical care 
(see Sec. 1340.2(d)(2)). The State must include these two definitional 
requirements in its definition of child abuse and neglect either by 
statute or regulation having the force and effect of law no later than 
the close of the second general legislative session of the State 
legislature following February 25, 1983;
    (2) Either by statute or regulation having the force and effect of 
law, the State modifies its definition of ``child abuse and neglect'' to 
provide that the phrase ``person responsible for a child's welfare'' 
includes an employee of a residential facility or a staff person 
providing out-of-home care no later than the close of the first general 
legislative session of the State legislature which convenes following 
February 6, 1987;

[[Page 297]]

    (3) The funds are to be used to improve and expand child abuse or 
neglect prevention or treatment programs; and
    (4) The State is otherwise in compliance with these regulations.
    (b) At the time of an award under this subpart, the amount of funds 
not obligated from an award made eighteen or more months previously 
shall be subtracted from the amount of funds under the award, unless the 
Secretary determines that extraordinary reasons justify the failure to 
so obligate.

[48 FR 3702, Jan. 26, 1983, as amended at 52 FR 3995, Feb. 6, 1987; 55 
FR 27639, July 5, 1990]