[Code of Federal Regulations]
[Title 45, Volume 2]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 45CFR286.115]

[Page 191]
 
                        TITLE 45--PUBLIC WELFARE
 
     CHAPTER II--OFFICE OF FAMILY ASSISTANCE (ASSISTANCE PROGRAMS), 
ADMINISTRATION FOR CHILDREN AND FAMILIES, DEPARTMENT OF HEALTH AND HUMAN 
                                SERVICES
 
PART 286--TRIBAL TANF PROVISIONS--Table of Contents
 
           Subpart C--Tribal TANF Plan Content and Processing
 
Sec. 286.115  What information on time limits for the receipt of assistance 
must a Tribe include in its Tribal Family Assistance Plan?

    (a) The TFAP must include the Tribe's proposal for:
    (1) Time limits for the receipt of Tribal TANF assistance;
    (2) Any exceptions to these time limits; and
    (3) The percentage of the caseload to be exempted from the time 
limit due to hardship or if the family includes an individual who has 
been battered or subjected to extreme cruelty.
    (b) The Tribe must also include the rationale for its proposal in 
the plan. The rationale must address how the proposed time limits are 
consistent with the purposes of TANF and with the economic conditions 
and resources of the Tribe.
    (1) Examples of the information that could be included to illustrate 
the Tribe's proposal include, but are not limited to: Poverty, 
unemployment, jobless and job surplus rates; education levels of adults 
in the service area; availability of and/or accessibility to resources 
(educational facilities, transportation) to help families become 
employable and find employment; and employment opportunities on and near 
the service area.
    (c) We may require that the Tribe submit additional information 
about the rationale before we approve the proposed time limits.
    (d) Tribes must not count towards the time limit:
    (1) Any month of receipt of assistance to a family that does not 
include an adult head-of-household;
    (2) A family that does not include a pregnant minor head-of-
household, minor parent head-of-household, or spouse of such a head-of-
household; and
    (3) Any month of receipt of assistance by an adult during which the 
adult lived in Indian country or in an Alaskan Native Village in which 
at least 50 percent of the adults were not employed.
    (e) A Tribe must not use any of its TFAG to provide assistance (as 
defined in Sec. 286.10) to a family that includes an adult or minor 
head-of-household who has received assistance beyond the number of 
months (whether or not consecutive) that is negotiated with the Tribe.