42 U.S. Code § 1320a–2a - Reviews of child and family services programs, and of foster care and adoption assistance programs, for conformity with State plan requirements
Reviews of child and family services programs, and of foster care and adoption assistance programs, for conformity with State plan requirements
(a) In generalThe 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—
State plan requirements under such parts B and E,
implementing regulations promulgated by the Secretary, and
the relevant approved State plans.
(b) Elements of review systemThe regulations referred to in subsection (a) shall—
(1) specify the timetable for conformity reviews of State programs, including—
an initial review of each State program;
a timely review of a State program following a review in which such program was found not to be in substantial conformity; and
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—
(4) require the Secretary, with respect to any State program found to have failed substantially to so conform—
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 reviewThe 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—
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
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.
(Aug. 14, 1935, ch. 531, title XI, § 1123A, formerly § 1123, as added Pub. L. 103–432, title II, § 203(a), Oct. 31, 1994, 108 Stat. 4454; renumbered § 1123A, Pub. L. 104–193, title V, § 504, Aug. 22, 1996, 110 Stat. 2278; amended Pub. L. 109–432, div. B, title IV, § 405(c)(1)(B)(ii), Dec. 20, 2006, 120 Stat. 2999.)
Effective Date of 2006 Amendment
“The amendment made by subsection (a) [enacting this section] shall take effect on the date of the enactment of this Act [Oct. 31, 1994].”
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