[Code of Federal Regulations]

[Title 45 Volume 4]

[Revised as of October 1, 2006]

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

[CITE: 45CFR1357.25]



[Page 329]

 

                        TITLE 45--PUBLIC WELFARE

 

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

                           AND HUMAN SERVICES

 

PART 1357_REQUIREMENTS APPLICABLE TO TITLE IV-B--Table of Contents

 

Sec.  1357.25  Requirements for eligibility for additional payments under section 427.



    (a) For any fiscal year after FY 1979 in which a sum in excess of 

$141,000,000 is appropriated under Section 420 of the Act, a State is 

not eligible for payment of an amount greater than the amount for which 

it would be eligible if the appropriation were equal to $141,000,000 

unless the State complies with the requirements of Section 427(a) of the 

Act.

    (b) In meeting the requirements for the inventory and statewide 

information system in sections 427 (a)(1) and (2)(A) of the Act, the 

inventory and statewide information system must include those children 

under the placement and care responsibility of the State title IV-B or 

IV-E agencies. At the State's discretion, other children may be 

included. The six month requirement in section 427(a)(1) and the twelve 

month requirement in section 427(a)(2)(A) of the Act must also be met.



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

Budget under OMB Control Number 0980-0138)



    (c) If, for each of any two consecutive fiscal years after FY 1979, 

there is appropriated under Section 420 of the Act a sum equal to or 

greater than $266,000,000, a State's allotment amount for any fiscal 

year after two such consecutive fiscal years shall be reduced to an 

amount equal to what the allotment amount would have been for FY 1979 

unless the State has implemented the requirements of section 427(b) of 

the Act.

    (d) In meeting the requirements of section 427(a)(2)(B) of the Act 

for dispositional hearings the State agency must meet the requirements 

of section 475(5)(C) of the Act and 45 CFR 1356.21(e).

    (e) A State may appeal a final decision by ACYF that the State has 

not met the requirements of this section and section 427 of the Act to 

the Department Grant Appeals Board under the provisions of 45 CFR part 

16.



[48 FR 23118, May 23, 1983]