[Code of Federal Regulations]
[Title 45, Volume 4]
[Revised as of October 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 45CFR1357.30]

[Page 329-330]
 
                        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.  1357.30  State fiscal requirements (title IV-B, subpart 1, child welfare 

services).

    (a) Scope. The requirements of this section shall apply to all funds 
allotted or reallotted to States under title IV-B, subpart 1.
    (b) Allotments. Allotments for each State shall be determined in 
accordance with section 421 of the Act.
    (c) Payments. Payments to States shall be made in accordance with 
section 423 of the Act.
    (d) Enforcement and termination. In the event of a State's failure 
to comply with the terms of the grant under title IV-B, subpart 1, the 
provisions of 45 CFR 92.43 and 92.44 will apply.
    (e) Matching or cost-sharing. Federal financial participation is 
available only if costs are incurred in implementing sections 422, 423, 
and 425 of the Act in accordance with the grants administration 
requirements of 45 CFR part 92 with the following conditions--
    (1) The State's contribution may be in cash, donated funds, and non-
public third party in-kind contributions.
    (2) The total of Federal funds used for the following purposes under 
title IV-B, subpart 1 may not exceed an amount equal to the FY 1979 
Federal payment under title IV-B:

[[Page 330]]

    (i) Child day care necessary solely because of the employment, or 
training to prepare for employment, of a parent or other relative with 
whom the child involved is living, plus;
    (ii) Foster care maintenance payments, plus;
    (iii) Adoption assistance payments.
    (3) Notwithstanding paragraph (e)(2) of this section, State 
expenditures required to match the title IV-B, subpart 1 allotment may 
include foster care maintenance expenditures in any amount.
    (f) Prohibition against purchase or construction of facilities. 
Funds awarded under title IV-B may not be used for the purchase or 
construction of facilities.
    (g) Maintenance of effort. (1) A State may not receive an amount of 
Federal funds under title IV-B in excess of the Federal payment made in 
FY 1979 under title IV-B unless the State's total expenditure of State 
and local appropriated funds for child welfare services under title IV-B 
of the Act is equal to or greater than the total of the State's 
expenditure from State and local appropriated funds used for similar 
covered services and programs under title IV-B in FY 1979.
    (2) In computing a State's level of expenditures under this section 
in FY 1979 and any subsequent fiscal year, the following costs shall not 
be included--
    (i) Expenditures and costs for child day care necessary to support 
the employment of a parent or other relative;
    (ii) Foster care maintenance payments; and
    (iii) Adoption assistance payments.
    (3) A State applying for an amount of Federal funds under title IV-B 
greater than the amount of title IV-B, subpart 1 funds received by that 
State in FY 1979 shall certify:
    (i) The amount of their expenditure in FY 1979 for child welfare 
services as described in paragraphs (g) (1) and (2) of this section, and
    (ii) The amount of State and local funds that have been appropriated 
and are available for child welfare services as described in paragraphs 
(g) (1) and (2) of this section for the fiscal year for which 
application for funds is being made. Records verifying the required 
certification shall be maintained by the State and made available to the 
Secretary as necessary to confirm compliance with this section.
    (h) Reallotment. (1) When a State certifies to the Commissioner that 
funds available to that State under its title IV-B, subpart 1 allotment 
will not be required, those funds shall be available for reallotment to 
other States.
    (2) When a State, after receiving notice from the Commissioner of 
the availability of funds, does not certify by a date fixed by the 
Commissioner that it will be able to expend during the period stated in 
paragraph (i) of this section all of the funds available to it under its 
title IV-B, subpart 1 allotment, those funds shall be available for 
reallotment to other States.
    (3) The Commissioner may reallot available funds to another State 
when it is determined that--
    (i) The requesting State's plan requires funds in excess of the 
State's original allotment; and
    (ii) the State will be able to expend the additional funds during 
the period stated in paragraph (i) of this section.
    (i) Time limit on expenditures. Funds under title IV-B, subpart 1, 
must be expended by September 30 of the fiscal year following the fiscal 
year in which the funds were awarded.

[61 FR 58660, Nov. 18, 1996]