TITLE IV-GRANTS TO STATES FOR AID AND SERVICES TO NEEDY FAMILIES WITH CHILDREN AND FOR CHILD-WELFARE SERVICES 1 TABLE OF CONTENTS OF TITLE 2 Part A-Block Grants to States for Temporary Assistance for Needy Families Sec. 401. Sec. 402. Purpose.... Eligible States; State plan Page Title IV of the Social Security Act is administered by the Department of Health and Human Services. The Office of Family Assistance administers benefit payments under Title IV, Parts A and C. The Administration for Public Services, Office of Human Development Services, administers social services under Title IV, Parts B and E. The Office of Child Support Enforcement administers the child support program under Title IV, Part D. Title IV appears in the United States Code as §§601–687, subchapter IV, chapter 7, Title 42. Regulations of the Secretary of Health and Human Services relating to Title IV are contained in chapters II, III, and XIII, Title 45, Code of Federal Regulations. Regulations of the Secretary of Labor relating to Title IV are contained in subtitle A, Title 29, and chapter 29, Title 41, Code of Federal Regulations. 251 252 See Vol. II, 31 U.S.C. 3720 and 3720A, with respect to collection of payments due to Federal agencies; 6504-6505, with respect to intergovernmental cooperation; 7501-7507, with respect to uniform audit requirements for State and local governments receiving Federal financial assist ance. See Vol. II, P.L. 82-183, §618, which prohibits denial of grants-in-aid under certain conditions. See Vol. II, P.L. 88-352, §601, for prohibition against discrimination in federally assisted programs. See Vol. II, P.L. 89-73, §213, with respect to eligibility for Federal surplus property. See Vol. II, P.L. 89–97, §121(b), with respect to restrictions on payment to a State receiving payments under Title XIX. 42-178 99-9 See Vol. II, Appendix, P.L. 94-241, §1, for §502(a)(1) of H.J. Res. 549, with respect to participation by the Commonwealth of the Northern Mariana Islands on the same basis as Guam. See Vol. II, P.L. 95–521, §102(i), with respect to reporting of benefits received under the Social Security Act. See Vol. II, P.L. 97-300, §106(e)(2), with respect to performance standards; §202(b)(3)(B), with respect to governors' incentive grants; and §§501-505, with respect to the payment of a bonus for the successful job placement of certain employable dependent individuals. See Vol. II, P.L. 99–401, §205(a)(1)(B), with respect to State agencies' involvement in temporary child care for children with disabilities and crisis nurseries. See Vol. II, P.L. 100-204, §724(d), with respect to furnishing information to the United States Commission on Improving the Effectiveness of the United Nations; and §725(b), with respect to the detailing of Government personnel. See Vol. II, P.L. 100-235, §§5-8, with respect to responsibilities of each Federal agency for computer systems security and privacy. See Vol. II, P.L. 100-690, §5301(a)(1)(C) and (d)(1)(B), with respect to benefits of drug traffickers and possessors. See Vol. II, P.L. 101-239, §8015, with respect to demonstration of effectiveness of Minnesota family investment plan and §10404, with respect to a demonstration project using volunteer senior aides to provide medical assistance and support to families with disabled or ill children. See Vol. II, P.L. 101-508, §§13301 and 13302, with respect to the OASDI Trust Funds. See Vol. II, P.L. 103-66, §13712, with respect to entitlement funding for State courts to assess and improve handling of proceedings relating to foster care and adoption; and §13716, with respect to the moratorium on collection of disallowances. See Vol. II, P.L. 103-432, §233, with respect to New Hope Demonstration Project. See Vol. II, P.L. 105-89, §401, with respect to preservation of reasonable parenting; §403, with respect to the sense of Congress regarding standby guardianship; §405, with respect to coordination of substance abuse and child protection services; and §406, with respect to the purchase of American-made equipment and products. 2 This table of contents does not appear in the law. Sec. 403. Sec. 404. Sec. 405. Sec. 406. Sec. 407. Sec. 408. Sec. 409. Sec. 410. Sec. 411. Sec. 412. Sec. 413. Sec. 414. Sec. 415. Sec. 416. Sec. 417. Sec. 418. Sec. 420. Sec. 422. Sec. 423. Sec. 424. Sec. 425. Sec. 426. Sec. 429. Sec. 430. Sec. 431. Sec. 432. Sec. 433. Sec. 434. Sec. 451. Sec. 453. Sec. 453A. Sec. 454. Sec. 454A. Sec. 454B. Sec. 456. Subpart 2-Promoting Safe and Stable Families Purposes; Limitations on authorizations of appropriations; Res- Definitions Page 255 278 283 284 284 291 301 310 311 315 315 319 324 324 326 327 327 329 330 330 331 334 335 335 336 337 337 338 338 339 341 342 344 345 346 347 347 358 365 368 380 383 385 389 390 Sec. 458. Sec. 459A. Sec. 464. Sec. 466. Sec. 467. Sec. 469. Sec. 469B. Sec. 470. Sec. 473. Sec. 475. Sec. 476. Sec. 477. Sec. 478. Incentive payments to States Consent by the United States to income withholding, garnish- International support enfo Repealed.] Repealed.] Use of Federal Parent Locator Service in connection with the Collection of past-due support from Federal tax refunds Collection and reporting of child support enforcement data Grants to States for access and visitation programs ement Part E-Federal Payments for Foster Care and Adoption Assistance Purpose: appropriation State plan for foster care and adoption assistance ..... Adoption assistance program Adoption incentive payments Payments to States; allotments to States Definitions Collection of data relating to adoption and foster care [Part F-§§481-487 Repealed.] .............. 395 398 406 411 412 413 413 413 415 417 PART A-BLOCK GRANTS TO STATES FOR TEMPORARY ASSISTANCE FOR NEEDY FAMILIES 3 419 438 438 438 439 440 441 442 447 450 453 456 459 464 464 467 467 469 PURPOSE SEC. 401. [42 U.S.C. 601] (a) IN GENERAL.-The purpose of this part is to increase the flexibility of States in operating a program designed to (1) provide assistance to needy families so that children may be cared for in their own homes or in the homes of relatives; (2) end the dependence of needy parents on government benefits by promoting job preparation, work, and marriage; 3 See Vol. II, P.L. 105-285, §§401-416, with respect to certain demonstration projects under the "Assets for Independence Act". (3) prevent and reduce the incidence of out-of-wedlock pregnancies and establish annual numerical goals for preventing and reducing the incidence of these pregnancies; and (4) encourage the formation and maintenance of two-parent families. (b) NO INDIVIDUAL ENTITLEMENT.-This part shall not be interpreted to entitle any individual or family to assistance under any State program funded under this part. 4 ELIGIBLE STATES; STATE PLAN SEC. 402. [42 U.S.C. 602] (a) IN GENERAL.-As used in this part, the term "eligible State" means, with respect to a fiscal year, a State that, during the 27-month period ending with the close of the 1st quarter of the fiscal year, has submitted to the Secretary a plan that the Secretary has found includes the following: (1) OUTLINE OF FAMILY ASSISTANCE PROGRAM.— (A) GENERAL PROVISIONS.—A written document that outlines how the State intends to do the following: (i) Conduct a program, designed to serve all political subdivisions in the State (not necessarily in a uniform manner), that provides assistance to needy families with (or expecting) children and provides parents with job preparation, work and support services to enable them to leave the program and become self-sufficient. (ii) Require a parent or caretaker receiving assistance under the program to engage in work (as defined by the State) once the State determines the parent or caretaker is ready to engage in work, or once the parent or caretaker has received assistance under the program for 24 months (whether or not consecutive), whichever is earlier, consistent with section 407(e)(2). (iii) Ensure that parents and caretakers receiving assistance under the program engage in work activities in accordance with section 407. (iv) Take such reasonable steps as the State deems necessary to restrict the use and disclosure of information about individuals and families receiving assistance under the program attributable to funds provided by the Federal Government. (v) Establish goals and take action to prevent and reduce the incidence of out-of-wedlock pregnancies, with special emphasis on teenage pregnancies, and establish numerical goals for reducing the illegitimacy ratio of the State (as defined in section 403(a)(2)(C)(iii)7 for calendar year 1996 through 2005. (vi) Conduct a program, designed to reach State and local law enforcement officials, the education system, and relevant counseling services, that provides edu P.L. 104-193, §103(a)(1), amended §401 in its entirety, effective July 1, 1997. For §401 as it formerly read, see Vol. II, Superseded Provisions, P.L. 104–193. SP.L. 105-33, §5501(a), struck out "2-year period immediately preceding" and substituted "27-month period ending with the close of the 1st quarter of", effective as if included in §103(a) of P.L. 104-193. "P.L. 105-33, $5501(b), inserted ", consistent with section 407(e)(2)”, effective as if included in §103(a) of P.L. 104-193. P.L. 105-33, §5501(c), struck out “403(a)(2)(B)" and substituted “403(a)(2)(C)(iii)”, effective as if included in §103(a) of P.L. 104-193. cation and training on the problem of statutory rape so that teenage pregnancy prevention programs may be expanded in scope to include men. (B) SPECIAL PROVISIONS. (i) The document shall indicate whether the State intends to treat families moving into the State from another State differently than other families under the program, and if so, how the State intends to treat such families under the program. (ii) The document shall indicate whether the State intends to provide assistance under the program to individuals who are not citizens of the United States, and if so, shall include an overview of such assistance. (iii) The document shall set forth objective criteria for the delivery of benefits and the determination of eligibility and for fair and equitable treatment, including an explanation of how the State will provide opportunities for recipients who have been adversely affected to be heard in a State administrative or appeal process. (iv) Not later than 1 year after the date of enactment of this Act, unless the chief executive officer of the State opts out of this provision by notifying the Secretary, a State shall, consistent with the exception provided in section 407(e)(2), require a parent or caretaker receiving assistance under the program who, after receiving such assistance for 2 months is not exempt from work requirements and is not engaged in work, as determined under section 407(c), to participate in community service employment, with minimum hours per week and tasks to be determined by the State. (2) CERTIFICATION THAT THE STATE WILL OPERATE A CHILD SUPPORT ENFORCEMENT PROGRAM.-A certification by the chief executive officer of the State that, during the fiscal year, the State will operate a child support enforcement program under the State plan approved under part D. (3) CERTIFICATION THAT THE STATE WILL OPERATE A FOSTER CARE AND ADOPTION ASSISTANCE PROGRAM.-A certification by the chief executive officer of the State that, during the fiscal year, the State will operate a foster care and adoption assistance program under the State plan approved under part E, and that the State will take such actions as are necessary to ensure that children receiving assistance under such part are eligible for medical assistance under the State plan under title XIX. (4) CERTIFICATION OF THE ADMINISTRATION OF THE PROGRAM.-A certification by the chief executive officer of the State specifying which State agency or agencies will administer and supervise the program referred to in paragraph (1) for the fiscal year, which shall include assurances that local governments and private sector organizations (A) have been consulted regarding the plan and design of welfare services in the State so that services are provided in a manner appropriate to local populations; and |