C.F.R. » Title 45 » CHAPTER XIII—ADMINISTRATION FOR CHILDREN AND FAMILIES, DEPARTMENT OF HEALTH AND HUMAN SERVICES › SUBCHAPTER G—THE ADMINISTRATION ON CHILDREN, YOUTH AND FAMILIES, FOSTER CARE MAINTENANCE PAYMENTS, ADOPTION ASSISTANCE, AND CHILD AND FAMILY SERVICES › PART 1355—GENERAL

45 C.F.R. § 1355.30

Other applicable regulations

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Except as specified, the following regulations are applicable to State and Tribal programs funded under titles IV-B and IV-E of the Act.

(a) 45 CFR Part 16—Procedures of the Departmental Grant Appeals Board.

(b) 45 CFR Part 30—Claims Collection.

(c) 2 CFR part 376—Nonprocurement Debarment and Suspension.

(d) 2 CFR part 382—Requirements for Drug-Free Workplace (Financial Assistance).

(e) 45 CFR Part 80—Nondiscrimination Under Programs Receiving Federal Assistance Through the Department of Health and Human Services Effectuation of Title VI of the Civil Rights Act of 1964.

(f) 45 CFR Part 81—Practice and Procedure for Hearings Under Part 80 of This Title.

(g) 45 CFR Part 84—Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving Federal Financial Assistance.

(h) 45 CFR Part 91—Nondiscrimination on the Basis of Age in HHS Programs or Activities Receiving Federal Financial Assistance.

(i) 2 CFR parts 200 and 300—Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. 2 CFR parts 200 and 300 are applicable to title IV-B programs and the John H. Chafee Foster Care Independence Program under Section 477 of the Act that are operated by States and/or Tribes. 2 CFR parts 200 and 300 are applicable to title IV-E foster care and adoption assistance programs operated by a State title IV-E agency, except that section 2 CFR 200.306 Cost sharing and 2 CFR 200.328 Financial reporting do not apply. 2 CFR parts 200 and 300 are applicable to title IV-E foster care and adoption assistance programs operated by a Tribal title IV-E agency pursuant to section 479B, except that 2 CFR 200.328 and the sections specified in § 1356.68 do not apply to a Tribal title IV-E agency.

(j) 45 CFR Part 93—New Restrictions on Lobbying.

(k) 45 CFR part 95—General Administration—Grant Programs (Public Assistance and Medical Assistance). Part 95 of this title is applicable to State and Indian Tribe operated title IV-B and title IV-E programs, except:

(1) Notwithstanding 45 CFR 95.1(a), subpart A, Time Limits for States to File Claims, does not apply to State and Indian Tribe-operated title IV-B (subparts 1 and 2) program and the John H. Chafee Foster Care Independence Program; and

(2) 45 CFR part 95 Subpart E, Cost Allocation Plans, is not applicable to Indian Tribe-operated title IV-E foster care and adoption assistance pursuant to section 479B of the Act (ACYF-CB-PI-10-13).

(l) 45 CFR Part 97—Consolidation of Grants to the Insular Areas. (Applicable only to the title IV-B programs).

(m) 45 CFR part 100—Intergovernmental Review of Department of Health and Human Services Programs and Activities. Only one section is applicable: 45 CFR 100.12, How may a State simplify, consolidate, or substitute federally required State plans? This section is applicable to a State title IV-E agency only.

(n) 45 CFR part 201—Grants to States for Public Assistance Programs. Only the following sections are applicable:

(1) § 201.5—Grants. Applicable to title IV-E foster care and adoption assistance only.

(2) § 201.6—Withholding of payment; reduction of Federal financial participation in the costs of social services and training. Applicable only to an unapprovable change in an approved plan, or the failure of the agency to change its approved plan to conform to a new Federal requirement for approval of plans.

(3) § 201.15—Deferral of claims for Federal financial participation. Applicable only to title IV-E foster care and adoption assistance.

(4) § 201.66—Repayment of Federal funds by installments. Applicable only to title IV-E foster care and adoption assistance.

(o) 45 CFR 204.1—Submittal of State Plans for Governor's Review. Applicable to State title IV-E agencies only.

(p) 45 CFR Part 205—General Administration—Public Assistance Programs. Only the following sections are applicable:

(1) § 205.5—Plan amendments.

(2) § 205.10—Hearings.

(3) § 205.50—Safeguarding information for the financial assistance programs.

(4) § 205.100—Single State agency.

[61 FR 58654, Nov. 18, 1996, as amended at 66 FR 58675, Nov. 23, 2001; 77 FR 926, Jan. 6, 2012; 81 FR 3022, Jan. 20, 2016; 89 FR 80073, Oct. 2, 2024]
Notes of Decisions
Cited in 13 cases, 1990–2020 · leading case: In Re Soc. Servs. Payment Cases, 166 Cal. App. 4th 1249 (Cal. Ct. App. 2008).
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In Re Soc. Servs. Payment Cases, 166 Cal. App. 4th 1249 (Cal. Ct. App. 2008). “100 (a)(l)(i) (2007); see also 45 C.F.R. § 1355.30 (p)(4) (2007).) The designated single state agency must have authority to make rules and regulations governing the administration of the plan and may not delegate its authority to exercise discretion in the administration and…”
White v. Davis, 133 Cal. Rptr. 2d 691 (Cal. Ct. App. 2002). · cites it 2× “541-542), only certain regulations concerning notice of changes in benefits currently apply to the Child Welfare Services program (see 45 C.F.R. § 1355.30 (p) (2001)). These regulations provide that when “changes in either State or Federal law require automatic grant adjustments…”
Timmy S. v. Grady Stumbo, 916 F.2d 312 (6th Cir. 1990). · cites it 2× “45 C.F.R. § 1355.30 . The district court held that “[a]s the Howards are ‘any individual’ under 42 U.”
Schmidt Ex Rel. Schmidt v. State, 586 N.W.2d 148 (Neb. 1998). “10 (a)(5) (1992), made applicable to this program by 45 C.F.R. § 1355.30 (k) (1993), amended by 61 Fed.”
Commonwealth of Pennsylvania Dep't of Pub. Welfare v. United States, 48 Fed. Cl. 785 (Fed. Cl. 2001). “Pursuant to 45 C.F.R. § 1355.30 (p)(l), § 205.5 applies to programs funded under Title IV-B.”
Lizotte v. Johnson, 4 Misc. 3d 334 (N.Y. Sup. Ct. 2004). “(45 CFR 1355.30 [k].) 18 NYCRR part 358, which governs administrative hearings concerning foster care benefits sets forth the rights and responsibilities of participants in administrative fair hearings and defines the obligations of the hearing officer.”
Joseph A. Ex Rel. Wolfe v. Ingram, 262 F.3d 1113 (10th Cir. 2001). “§§ 671 (a)(16) & 675(1), and appeals of award decisions, see 45 C.F.R. § 1355.30 ; 45 C.F.R. Part 16. The regulations issued to implement the ASFA require that states conduct periodic self-evaluations of their compliance with these requirements, see id.”
Bonnie L. Ex Rel. Hadsock v. Bush, 180 F. Supp. 2d 1321 (S.D. Fla. 2001). “§§ 671 (a)(16) & 675(1), and appeals of award decisions, see 45 C.F.R. § 1355.30 ; 45 C.F.R. Part 16. The regulations issued to implement the ASFA require that states conduct periodic self-evaluations of their compliance with these requirements, see id.”
White v. Davis, 37 P.3d 647 (Cal. Ct. App. 2002). · cites it 2× “541-542), only certain regulations concerning notice of changes in benefits currently apply to the Child Welfare Services program (see 45 C.F.R. § 1355.30 (p)). These regulations provide that when "changes in either State or Federal law require automatic grant adjustments for…”
ASW v. Oregon Ex Rel. Dep't of Human Servs., 424 F.3d 970 (9th Cir. 2005). “10 (a)(5), made applicable to Title IV-E through 45 C.F.R. § 1355.30 , defines and restricts Plaintiffs’ right to a hearing.”
J.B-K. v. Sec'y of the Cabinet for Health & Fam. Servs. of the Commonwealth of Kentucky (E.D. Ky. 2020). · cites it 3× “If not, then Defendants have not violated §§ 672, 671 or 45 C.F.R. 1355.30, nor can they be said to have violated the Due Process or Equal Protection clauses.”
Ward v. Keller, 774 F. Supp. 439 (S.D. Ohio 1991). · cites it 5× “21 (b) states that “the State plans for Titles IV-E and IV-B must provide for compliance with the Department’s regulations listed in 45 C.F.R. § 1355.30 .” Those regulations, in turn, state that the procedures and requirements in other sections of Title 45 of C.”
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— 45 C.F.R. § 1355.30(k) — 1 case
Ward v. Keller, 774 F. Supp. 439 (S.D. Ohio 1991). “21 (b) states that “the State plans for Titles IV-E and IV-B must provide for compliance with the Department’s regulations listed in 45 C.F.R. § 1355.30 .” Those regulations, in turn, state that the procedures and requirements in other sections of Title 45 of C.”
— 45 C.F.R. § 1355.30(p)(2) — 1 case
J.B-K. v. Sec'y of the Cabinet for Health & Fam. Servs. of the Commonwealth of Kentucky (E.D. Ky. 2020). “If not, then Defendants have not violated §§ 672, 671 or 45 C.F.R. 1355.30, nor can they be said to have violated the Due Process or Equal Protection clauses.”
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