[Code of Federal Regulations]
[Title 45, Volume 4]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 45CFR1355.32]

[Page 258-259]
 
                        TITLE 45--PUBLIC WELFARE
 
CHAPTER XIII--OFFICE OF HUMAN DEVELOPMENT SERVICES, DEPARTMENT OF HEALTH 
                           AND HUMAN SERVICES
 
PART 1355--GENERAL--Table of Contents
 
Sec. 1355.32  Timetable for the reviews.

    (a) Initial reviews. Each State must complete an initial full review 
as described in Sec. 1355.33 of this part during the four-year period 
after the final rule becomes effective.
    (b) Reviews following the initial review. (1) A State found to be 
operating in substantial conformity during an initial or subsequent 
review, as defined in Sec. 1355.34 of this part, must:
    (i) Complete a full review every five years; and
    (ii) Submit a completed statewide assessment to ACF three years 
after the on-site review. The statewide assessment will be reviewed 
jointly by the State and the Administration for Children and Families to 
determine the State's continuing substantial conformity with the State 
plan requirements subject to review. No formal approval of this interim 
statewide assessment by ACF is required.
    (2) A State program found not to be operating in substantial 
conformity during an initial or subsequent review will:
    (i) Be required to develop and implement a program improvement plan, 
as defined in Sec. 1355.35 of this part; and
    (ii) Begin a full review two years after approval of the program 
improvement plan.
    (c) Reinstatement of reviews based on information that a State is 
not in substantial conformity. (1) ACF may require a full or a partial 
review at any time, based on any information, regardless of the source, 
that indicates the State may no longer be operating in substantial 
conformity.
    (2) Prior to reinstating a full or partial review, ACF will conduct 
an inquiry and require the State to submit additional data whenever ACF 
receives information that the State may not be in substantial 
conformity.
    (3) If the additional information and inquiry indicates to ACF's 
satisfaction that the State is operating in substantial conformity, ACF 
will not proceed with any further review of the issue addressed by the 
inquiry. This inquiry will not substitute for the full reviews conducted 
by ACF under Sec. 1355.32(b).
    (4) ACF may proceed with a full or partial review if the State does 
not provide the additional information as requested, or the additional 
information confirms that the State may not be operating in substantial 
conformity.

[[Page 259]]

    (d) Partial reviews based on noncompliance with State plan 
requirements that are outside the scope of a child and family services 
review. When ACF becomes aware of a title IV-B or title IV-E compliance 
issue that is outside the scope of the child and family services review 
process, we will:
    (1) Conduct an inquiry and require the State to submit additional 
data.
    (2) If the additional information and inquiry indicates to ACF's 
satisfaction that the State is in compliance, we will not proceed with 
any further review of the issue addressed by the inquiry.
    (3) ACF will institute a partial review, appropriate to the nature 
of the concern, if the State does not provide the additional information 
as requested, or the additional information confirms that the State may 
not be in compliance.
    (4) If the partial review determines that the State is not in 
compliance with the applicable State plan requirement, the State must 
enter into a program improvement plan designed to bring the State into 
compliance, if the provisions for such a plan are applicable. The terms, 
action steps and time-frames of the program improvement plan will be 
developed on a case-by-case basis by ACF and the State. The program 
improvement plan must take into consideration the extent of 
noncompliance and the impact of the noncompliance on the safety, 
permanency or well-being of children and families served through the 
State's title IV-B or IV-E allocation. If the State remains out of 
compliance, the State will be subject to a penalty related to the extent 
of the noncompliance.
    (5) Review of AFCARS compliance will take place in accordance with 
45 CFR 1355.40.

[65 FR 4076, Jan. 25, 2000, as amended at 66 FR 58675, Nov. 23, 2001]