[Code of Federal Regulations]

[Title 45, Volume 4]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 45CFR1340.13]



[Page 246-247]

 

                        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 247]]



    (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]