42 U.S.C. § 1320a–2a: Reviews of child and…

Summary

The Secretary must make rules, working with the State agencies that run the child and family programs under parts B and E of subchapter IV, to check if those programs follow the State plan rules, the Secretary’s rules, and the approved State plans. The rules must set a schedule for reviews (including an initial review, a quick follow-up if a program is found not to conform, and less frequent checks for programs that do conform). The rules must say what parts of the program will be checked (including whether the program meets the requirement in section 671(a)(27)) and how to decide if a program seriously fails to meet those rules. If a program is found to fail, the rules must explain how to decide any federal matching funds to withhold. Money can only be held back for a substantial failure. Money cannot be withheld if the State relied correctly on formal written federal guidance. The amount held back must match how serious the failure is. The State must get a chance to make and use a corrective action plan approved by the Secretary. The Secretary must offer technical help, pause any withholding while the plan is in effect, and stop the withholding if the plan fixes the problem. The Secretary must notify the State within 10 days after a final finding, saying why and how much money might be withheld. The State can appeal to the Departmental Appeals Board within 60 days of that notice (or after failure to continue/finish a corrective plan), and can go to federal district court within 60 days after the Board’s decision in the district where the agency’s main office is.

Title 42, §1320a–2a

The Public Health and Welfare, Source: USLM XML via OLRC

(a)In general

The Secretary, in consultation with the State agencies administering the State programs under parts B and E of subchapter IV, shall promulgate regulations for the review of such programs to determine whether such programs are in substantial conformity with—

(1)State plan requirements under such parts B and E,

(2)implementing regulations promulgated by the Secretary, and

(3)the relevant approved State plans.

(b)Elements of review system

The regulations referred to in subsection (a) shall—

(1)specify the timetable for conformity reviews of State programs, including—

(A)an initial review of each State program;

(B)a timely review of a State program following a review in which such program was found not to be in substantial conformity; and

(C)less frequent reviews of State programs which have been found to be in substantial conformity, but such regulations shall permit the Secretary to reinstate more frequent reviews based on information which indicates that a State program may not be in conformity;

(2)specify the requirements subject to review (which shall include determining whether the State program is in conformity with the requirement of section 671(a)(27) of this title), and the criteria to be used to measure conformity with such requirements and to determine whether there is a substantial failure to so conform;

(3)specify the method to be used to determine the amount of any Federal matching funds to be withheld (subject to paragraph (4)) due to the State program’s failure to so conform, which ensures that—

(A)such funds will not be withheld with respect to a program, unless it is determined that the program fails substantially to so conform;

(B)such funds will not be withheld for a failure to so conform resulting from the State’s reliance upon and correct use of formal written statements of Federal law or policy provided to the State by the Secretary; and

(C)the amount of such funds withheld is related to the extent of the failure to so conform; and

(4)require the Secretary, with respect to any State program found to have failed substantially to so conform—

(A)to afford the State an opportunity to adopt and implement a corrective action plan, approved by the Secretary, designed to end the failure to so conform;

(B)to make technical assistance available to the State to the extent feasible to enable the State to develop and implement such a corrective action plan;

(C)to suspend the withholding of any Federal matching funds under this section while such a corrective action plan is in effect; and

(D)to rescind any such withholding if the failure to so conform is ended by successful completion of such a corrective action plan.

(c)Provisions for administrative and judicial review

The regulations referred to in subsection (a) shall—

(1)require the Secretary, not later than 10 days after a final determination that a program of the State is not in conformity, to notify the State of—

(A)the basis for the determination; and

(B)the amount of the Federal matching funds (if any) to be withheld from the State;

(2)afford the State an opportunity to appeal the determination to the Departmental Appeals Board within 60 days after receipt of the notice described in paragraph (1) (or, if later, after failure to continue or to complete a corrective action plan); and

(3)afford the State an opportunity to obtain judicial review of an adverse decision of the Board, within 60 days after the State receives notice of the decision of the Board, by appeal to the district court of the United States for the judicial district in which the principal or headquarters office of the agency responsible for administering the program is located.

Notes & Related Subsidiaries

Editorial Notes

Codification Section was formerly classified to section 1320a–1a of this title prior to renumbering by Pub. L. 104–193.

Amendments

2006—Subsec. (b)(2). Pub. L. 109–432 inserted “(which shall include determining whether the State program is in conformity with the requirement of section 671(a)(27) of this title)” after “review”.

Statutory Notes and Related Subsidiaries

Effective Date

of 2006 AmendmentAmendment by Pub. L. 109–432 effective on the date that is 6 months after Dec. 20, 2006, see section 405(c)(1)(B)(iii) of Pub. L. 109–432, set out as a note under section 671 of this title.

Effective Date

Pub. L. 103–432, title II, § 203(c)(1), Oct. 31, 1994, 108 Stat. 4456, provided that: “The amendment made by subsection (a) [enacting this section] shall take effect on the date of the enactment of this Act [Oct. 31, 1994].”

Regulations

Pub. L. 103–432, title II, § 203(c)(3), Oct. 31, 1994, 108 Stat. 4456, required the

Regulations

referred to in subsec. (a) of this section to be promulgated no later than July 1, 1995, to take effect on Apr. 1, 1996.

§1320a–2a Reviews of Child and Family Services Programs, and of Foster Care and Adoption Assistance Programs, for Conformity with State Plan Requirements

Summary

Title 42, §1320a–2a

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Regulations

Regulations

Citations & Metadata