[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: 45CFR1356.20]



[Page 306-307]

 

                        TITLE 45--PUBLIC WELFARE

 

CHAPTER XIII--OFFICE OF HUMAN DEVELOPMENT SERVICES, DEPARTMENT OF HEALTH 

                           AND HUMAN SERVICES

 

PART 1356_REQUIREMENTS APPLICABLE TO TITLE IV-E--Table of Contents

 

Sec. 1356.20  State plan document and submission requirements.



    (a) To be in compliance with the State plan requirements and to be 

eligible to receive Federal financial participation (FFP) in the costs 

of foster care maintenance payments and adoption assistance under this 

part, a State must have a State plan approved by the Secretary that 

meets the requirements of this part, part 1355 and section 471(a) of the 

Act. The title IV-E State plan must be submitted to the appropriate 

Regional Office, ACYF, in a form determined by the State.

    (b) Failure by a State to comply with the requirements and standards 

for the data reporting system for foster care and adoption (Sec. 

1355.40 of this chapter) shall be considered a substantial failure by 

the State in complying with the State plan for title IV-E. Penalties as 

described in Sec. 1355.40(e) of this chapter shall apply.

    (c) If a State chooses to claim FFP for voluntary foster care 

placements, the State must meet the requirements of paragraph (a) of 

this section and section 102 of Pub. L. 96-272, the Adoption Assistance 

and Child Welfare Act of 1980, as it amends section 472 of the Act.

    (d) The following procedures for approval of State plans and 

amendments apply to the title IV-E program:

    (1) The State plan consists of written documents furnished by the 

State to cover its program under part E of title IV. After approval of 

the original plan by the Commissioner, ACYF, all relevant changes, 

required by new statutes, rules, regulations, interpretations, and court 

decisions, are required to be submitted currently so that ACYF may 

determine whether the plan continues to meet Federal requirements and 

policies.

    (2) Submittal. State plans and revisions of the plans are submitted 

first to the State governor or his designee for review and then to the 

regional office, ACYF. The States are encouraged to obtain consultation 

of the regional staff when a plan is in process of preparation or 

revision.

    (3) Review. Staff in the regional offices are responsible for review 

of State



[[Page 307]]



plans and amendments. They also initiate discussion with the State 

agency on clarification of significant aspects of the plan which come to 

their attention in the course of this review. State plan material on 

which the regional staff has questions concerning the application of 

Federal policy is referred with recommendations as required to the 

central office for technical assistance. Comments and suggestions, 

including those of consultants in specified areas, may be prepared by 

the central office for use by the regional staff in negotiations with 

the State agency.

    (4) Action. Each Regional Administrator, ACF, has the authority to 

approve State plans and amendments thereto which provide for the 

administration of foster care maintenance payments and adoption 

assistance programs under section 471 of the Act. The Commissioner, 

ACYF, retains the authority to determine that proposed plan material is 

not approvable, or that a previously approved plan no longer meets the 

requirements for approval. The Regional Office, ACYF, formally notifies 

the State agency of the actions taken on State plans or revisions.

    (5) Basis for approval. Determinations as to whether State plans 

(including plan amendments and administrative practice under the plans) 

originally meet or continue to meet, the requirements for approval are 

based on relevant Federal statutes and regulations.

    (6) Prompt approval of State plans. The determination as to whether 

a State plan submitted for approval conforms to the requirements for 

approval under the Act and regulations issued pursuant thereto shall be 

made promptly and not later than the 45th day following the date on 

which the plan submittal is received in the regional office, unless the 

Regional Office, ACYF, has secured from the State agency a written 

agreement to extend that period.

    (7) Prompt approval of plan amendments. Any amendment of an approved 

State plan may, at the option of the State, be considered as a 

submission of a new State plan. If the State requests that such 

amendment be so considered the determination as to its conformity with 

the requirements for approval shall be made promptly and not later than 

the 45th day following the date on which such a request is received in 

the regional office with respect to an amendment that has been received 

in such office, unless the Regional Office, ACYF, has secured from the 

State agency a written agreement to extend that period. In absence of 

request by a State that an amendment of an approved State plan shall be 

considered as a submission of a new State plan, the procedures under 

Sec. 201.6 (a) and (b) shall be applicable.

    (8) Effective date. The effective date of a new plan may not be 

earlier than the first day of the calendar quarter in which an 

approvable plan is submitted, and with respect to expenditures for 

assistance under such plan, may not be earlier than the first day on 

which the plan is in operation on a statewide basis. The same applies 

with respect to plan amendments.

    (e) Once the title IV-E State plan has been submitted and approved, 

it shall remain in effect until amendments are required. An amendment is 

required if there is any significant and relevant change in the 

information or assurances in the plan, or the organization, policies or 

operations described in the plan.



(This requirement has been approved by the Office of Management and 

Budget under OMB Control Number 0980-0141. In accordance with the 

Paperwork Reduction Act of 1995, an agency may not conduct or sponsor, 

and a person is not required to respond to, a collection of information 

unless it displays a currently valid OMB control number.)



[48 FR 23115, May 23, 1983, as amended at 58 FR 67938, Dec. 22, 1993; 65 

FR 4088, Jan. 25, 2000; 66 FR 58676, Nov. 23, 2001]