(b) Must be specific in its identification of the services to be provided or purchased and the families and children to whom they will be available.

§ 220.16 Service plan.

(a) A service plan must be developed and maintained on a continuous basis for each family and child who requires service to maintain and strengthen family life, foster child development and achieve permanent and adequately compensated employment.

(b) By January 1, 1970, a service plan must be developed for each family and child in the current caseload and, within 1 year following approval for financial assistance for those added to the caseload after March 31, 1969.

(c) Such plans must be developed in cooperation with the family and must be responsive to the needs of each individual within the family, while taking account of the relation of individual needs to the functioning of the family as a whole. Families shall have the right to accept or reject such plans. (See sec. 220.35 of this part for special provisions on refusal without good cause under the WIN program and referral of Unemployed Fathers to the WIN program.)

(d) Service plans must, as a minimum, include the objectives and content of the service requirements in sections 220.15-220.25.

(e) Each service plan must be reviewed as often as necessary, but at least annually, to assure that it is practically related to needs and is being effectively implemented.

§ 220.17 Employment objectives.

(a) Services must be provided to assist all appropriate persons to achieve employment and self sufficiency.

(b) Priority must be given to screening the entire caseload, and new cases as added, to identify those persons who are immediately referrable for training and employment and developing service plans for them.

(c) With respect to employment objectives. there must be as a minimum:

(1) Identification of individuals currently ready or with potentials for employment or training.

(2) Determination of the individuals appropriate for referral to programs offering training and employment services and referral of such individuals. (See section 220.35 of this subpart for policies

governing referrals to the Work Incentive Program.)

(3) General and specialized diagnostic assessments (e.g., vocational, rehabilitation, education, medical, and psychological) of health, learning, and other limitations that prevent involvement in employment or training.

(4) Plans to insure that training and employment lead to stability of employment in jobs which take full advantage of the individual's potential.

(5) Provision of services necessary to deal with personal and family barriers which prevent or limit individuals in their use of training and in their achievement of stable employment.

(6) Provision for utilization of public and voluntary agencies in the fields of vocational rehabilitation, health, vocational, and other education, including special attention to the capabilities of rehabilitation centers and workshops, community action agencies, neighborhood centers, and similar organizations. § 220.18 Child care services.

(a) Child care services, including inhome and out-of-home services, must be available or provided to all persons referred to and enrolled in the Work Incentive Program and to other persons for whom the agency has required training or employment. Such care must be suitable for the individual child; and the caretaker relatives must be involved in the selection of the child care source to be used if there is more than one source available. However, when there is only one source available, the caretaker relatives must accept it unless they can show that it is unsuitable for their child. The child care services must be maintained until the caretaker relatives are reasonably able to make other satisfactory child care arrangements.

(b) Progress must be made in developing varied child care resources with the aim of affording parents a choice in the care of their children.

(c) All child care services must meet the following standards:

(1) In-home care. (i) Homemaker service under agency auspices must meet the standards established by the State agency which must be reasonably in accord with the recommended standards of related national standard setting organizations, such as the Child Welfare League of America and the National Council for Homemaker Services.

(ii) Child care provided by relatives, friends, or neighbors must meet standards established by the State agency that, as a minimum, cover age, physical and emotional health, capacity and time of the caretaker to provide adequate care; hours of care; maximum number of children to be cared for; feeding and health care of the children.

(2) Out-of-home care. Day care facilities, used for the care of children, must be licensed by the State or approved as meeting the standards for such licensing and day care facilities and services must comply with the standards of the Federal Interagency Day Care Requirements and the requirements of section 422(a) (1) of the Social Security Act (see § 220.56).

(d) Both in-home and out-of-home child care provided for persons referred to the WIN program must be a service cost rather than an assistance cost. [34 F.R. 1354, Jan. 28, 1969, as amended at 36 F.R. 5605, Mar. 25, 1971]

§ 220.19 Foster care services.

Effective July 1, 1969, services must be provided for children receiving aid in the form of foster care under title IV-part A, to:

(a) Assure placement appropriate to the needs of each child.

(b) Assure that the child receives proper care in such placement.

(c) Determine continued appropriateness of and need for placement through periodic reviews, at least annually.

(d) Improve the conditions in the home from which the child was removed, so that the child may be returned to his own home, or otherwise plan for the placement of the child in the home of other relatives, adoptive home or continued foster care, as appropriate.

(e) Work with other public agencies that have responsibility for the placement and care of any such children to assure that these agencies carry out their responsibilities in accordance with their agreement with the State agency administering or supervising the administration of AFDC.

§ 220.20 Prevention or reduction of births out-of-wedlock.

There must be a program to prevent or reduce the incidence of births out-ofwedlock and to otherwise strengthen family life. Services to prevent and reduce births out-of-wedlock must be extended progressively to all appropriate

adults and youths, with initial priority for mothers who have had children born out-of-wedlock within the 2 preceding years or who are currently pregnant outof-wedlock and for youths living in conditions immediately conducive to births out-of-wedlock. Services must be provided for fathers of such children.

§ 220.21

Family planning services.

Family planning services must be offered and provided to those individuals wishing such services, specifically including medical contraceptive services (diagnosis, treatment, supplies, and followup), social services and educational services. Such services must be available without regard to marital status, age, or parenthood. Individuals must be assured choice of method and there must be arrangements with varied medical resources so that individuals can be assured choice of source of service. Acceptance of any services must be voluntary on the part of the individual and may not be a prerequisite or impediment to eligibility for the receipt of any other service or aid under the plan. Medical services must be provided in accordance with the standards of other State programs providing medical services for family planning (e.g., maternal and child health services).

§ 220.22

Services to meet particular needs of families and children. Services must be provided to families and children as follows:

(a) Assist children to obtain education in accordance with their capacities. (b) Improve family living through assisting parents to overcome homemaking and housing problems.

(c) Assist in reuniting families.

(d) Assist parents in money management, including consumer education. (e) Assist parent in child rearing. (f) Offer education for family living. (g) Evaluate the need for, and in appropriate cases provide for, protective and vendor payments and related services.

ploitation to the attention of appropriate courts or law enforcement agencies. The same criteria for referral to courts or law enforcement agencies must be used as are used by the State or local agency for all other parents and children. There must be continued cooperation with such courts and officials to assist in planning for the child to serve his best interests.

§ 220.24 Services related to health needs.

Services must be provided to families and children with health needs through identifying needs for preventive and remedial medical services; locating organizations or individuals who are willing to provide quality services on a dignified basis and helping to solve any problems which may prevent them from obtaining needed medical services and from making optimum use of the services available.

REQUIREMENTS APPLICABLE TO THE WORK
INCENTIVE PROGRAM UNDER TITLE IV,
PART A
§ 220.35

State plan requirements.

A State plan under title IV-A of the Social Security Act must provide that: (a) Within the single organizational units required by § 220.2, there will be separate administrative units which will, to the maximum extent feasible, perform functions only in connection with the WIN program;

(b) These separate units will be responsible for:

(1) Developing jointly with the manpower agency a statewide operational plan and approving such plan in accordance with section 433 (b) of the Act;

(2) Developing self-support services plans for individuals registered pursuant to § 233.11 of this chapter when requested by the manpower agency pursuant to section 433 (a) of the Act. Plans for unemployed fathers must be developed so as to permit certification within 30 days of receipt of assistance. Self-support services under the WIN program are limited to:

(i) The following mandatory services, pursuant to title IV-A of the Act and the regulations in this part: Child care, family planning, health-related services, homemaker services, home management and other functional educational services, housing improvement services, and transportation as needed to make self-support services accessible;

(ii) Selected vocational rehabilitation services, as defined in the Vocational Rehabilitation Act, which cannot otherwise be funded by the vocational rehabilitation agency; and

(iii) Employment-related medical and remedial care and services not included under the State's title XIX plan nor otherwise available under any other federally assisted program;

(3) Participating with the manpower agency in development of individual employability plans;

(4) Providing such services as are approved or added by the manpower agency in the self-support services plan, to enable the registered individual to participate in work or training activities under the WIN program. Under this requirement:

(i) Child care that is suitable to the child's needs and meets the standards specified in § 220.18(c) will be provided if needed. When more than one kind of child care is available, the mother or other caretaker relative may choose the type, but may not refuse to accept child care services if they are available; and

(ii) Self-support services as needed will be continued during the individual's participation in the WIN program and after entry into employment until he has completed the job entry period or has been terminated from WIN by the manpower agency, according to definitions established by the Department of Labor;

(5) Certifying in writing to the manpower agency that the individual is ready for employment or training under the WIN program, when the manpower agency requests such certification and the supportive services, if any, have been provided or arranged for. Unemployed fathers must be certified within 30 days after receipt of aid. Failure to certify 15 percent of the average number of individuals in the State who are required to be registered during any fiscal year after June 30, 1973, will result in a proportionate reduction in Federal funds for assistance payments (see § 233.10(b) (5) of this chapter); and

(6) Providing counseling and other services, for a period of 60 days, to individuals determined by the Secretary of Labor to have refused training or employment under the WIN program without good cause, for the purpose of persuading them to accept appropriate training or employment (see § 233.11(f)

of this chapter for sanctions). Under this requirement, once a period of counseling and other services has been provided to an individual, and he has again been found by the Secretary of Labor to have refused training or employment under WIN without good cause, the agency shall not provide another period of counseling and other services, unless it is warranted by unusual circumstances.

(c) The State agency will assure a non-Federal contribution to the manpower agency for 10 percent of the cost of operations of the WIN program, and, for this purpose, will plan jointly with the manpower agency for the development and use of in-kind resources. (See $220.36.) The State agency must make the arrangements for, but need not itself make, the contribution.

137 F.R. 12200, June 20, 1972]

§ 220.36 Non-Federal contribution. For purposes of § 220.35(c):

(a) Except as specifically authorized by Federal statute, a non-Federal contribution may not include funds or expenditures which are used to meet the Federal or State share of other programs receiving Federal financial assistance.

(b) The non-Federal contribution may be in cash or in-kind. A contribution inkind may be made in the form of the provision of services, staff, space, equipment, or any other goods or services of value essential to the operation of the work incentive program. Where such contribution is in-kind, the amount thereof will be determined on the basis of its reasonable value as established by suitable documentation.

(c) The costs of operation of the work incentive program which may be met by the non-Federal contribution may include the costs of training, supervision, materials, administration, incentive payments, transportation, and other items as are authorized by the manpower agency, but may not include any reimbursement for time spent by participants in work, training, or other participation in such program.

(d) If the State agency fails to make arrangements for the non-Federal contribution of 10 percent of the total statewide work incentive program costs of operation, the Secretary of Health, Education, and Welfare may withhold under the conditions specified in the law the

equivalent of amounts to be paid from the grants to the State agency for the public assistance titles.

137 F.R. 12200, June 20, 1972] MANDATORY SERVICES APPLICABLE TO TITLE IV, PART B

§ 220.40

Child welfare services.

(a) The State plan must assure progressive extension of child welfare services so that such services will be available in all political subdivisions by July 1, 1975, for all children in need of them; including annual progress in one or more of the following dimensions:

(1) Covering additional political subdivisions;

(2) Reaching additional children in need of services;

(3) Expanding the range of services provided;

(4) Improving the quality of services through additional trained child welfare personnel.

(b) The State plan must provide that: (1) As a basis for giving priority in extending the provision of child welfare services to communities with the greatest need for such services, there will be a reasonable and objective method for assessing this need, taking into consideration their relative financial need.

(2) As a minimum, there will be child welfare services to children in their own homes and the provision of foster care of children.

(3) There will be a case plan, including diagnostic evaluation and plan for treatment, when a child is accepted for child welfare services; and periodic review of such plan.

(4) Child welfare services will be available on the basis of need for services and shall not be denied on the basis. of financial need, legal residence, social status or religion.

(5) Child welfare services will not be limited to AFDC cases. OTHER REQUIREMENTS APPLICABLE TO TITLE IV, PARTS A AND B, AS INDICATED § 220.45 Community planning (applicable to IV-A and B).

(a) There must be progress in developing State and local agency leadership for participation in community affairs which will result in the development of community resources necessary to achieve program objectives of title IV, parts A and B.

(b) The State plan must also show the steps to be taken to achieve this objective, including the staffing for this function.

§ 220.46 Reports and evaluations (applicable to IV-A and B).

Such reports and evaluations must be furnished to the Secretary as he may specify, showing the scope, results and costs of services for families and children.

§ 220.47 Implementation; local agencies and service contractors (applicable to IV-A and B).

(a) The State agency must have methods of assuring that local agencies are meeting the plan requirements, and where services are purchased, of monitoring local agencies and service contractors to insure that the plan requirements are being met and funds are being appropriately and effectively used. See separate SRS policy governing purchase of services.

(b) The State plan must also describe the methods to be used to carry out this requirement.

§ 220.48 Establishing paternity and securing support for children receiving aid (applicable to IV-A).

(a) There must be a program for establishing paternity for children born out-of-wedlock and for securing financial support for them and for all other children receiving AFDC who have been deserted by their parents or other legally liable persons. Efforts must be made to locate putative and absent parents and there must be a determination of their potential to provide financial support. There must be provision for the utilization of reciprocal arrangements with other States to obtain or enforce court orders for support. There must be a single staff unit in the State agency and in large local agencies to administer this program. (The files of the Social Security Administration are available to the State agencies when other efforts have failed to provide the necessary information on the address of a parent.)

(b) There must be a plan of cooperation with courts and law enforcement officials and pertinent information must be provided them when their assistance is needed in locating putative or deserting fathers, establishing paternity and securing support.

(c) In developing plans for cooperation with courts and law enforcement officials, there must be agreement that the information provided by the State or local agency will be used only for the purpose intended. There must be provision for financial arrangement to reimburse courts and law enforcement officials when it is found necessary for them to undertake services beyond those usually provided in such cases.

(d) There must be cooperation with other State welfare agencies administering AFDC in locating parents of an AFDC child against whom a support petition has been filed in another State and in attempting to secure compliance by a parent now residing in the agency's own State.

(e) Clearance procedures established with the Internal Revenue Service will be used in respect to any parents of AFDC children whose location is unknown and who are failing to comply with existing court orders for support payments or against whom petitions for orders have been filed. (See separate issuance related to these procedures.)

§ 220.49 Other plan requirements for child welfare services under title IVB (see also Subpart D of this part). (a) Single State agency. (1) (i) The State plan shall designate a State agency as the single agency for the administration of the plan or for supervision of the administration of part of the plan by local agencies.

(ii) Effective July 1, 1969, the State plan must provide that the State agency responsible for the State plan approved under title IV-A will also administer or supervise the administration of the plan under title IV-B, except that

(a) if on January 2, 1968 the State agency administering the plan under title IV-B is different from the State agency responsible for the State plan approved under title IV-A, the requirement in this subdivision (ii) shall not apply so long as such agencies are different;

(b) if on January 2, 1968 the local agency administering the plan approved under title IV-B is different from the local agency administering the plan approved under title IV-A, the requirement in this subdivision (ii) shall not apply with respect to such local agencies so long as such agencies are different.