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U.S. Code as of:
01/19/04
Section 602. Eligible States; State plan
(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
607(e)(2) of this title.
(iii) Ensure that parents and caretakers receiving
assistance under the program engage in work activities in
accordance with section 607 of this title.
(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 603(a)(2)(C)(iii) of this title) for
calendar years 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 education 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 August 22, 1996, 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 607(e)(2) of this title, 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 607(c) of this title, 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 of this subchapter.
(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 of this subchapter, 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 subchapter XIX of this
chapter.
(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
(B) have had at least 45 days to submit comments on the plan
and the design of such services.
(5) Certification that the State will provide Indians with
equitable access to assistance
A certification by the chief executive officer of the State
that, during the fiscal year, the State will provide each member
of an Indian tribe, who is domiciled in the State and is not
eligible for assistance under a tribal family assistance plan
approved under section 612 of this title, with equitable access
to assistance under the State program funded under this part
attributable to funds provided by the Federal Government.
(6) Certification of standards and procedures to ensure against
program fraud and abuse
A certification by the chief executive officer of the State
that the State has established and is enforcing standards and
procedures to ensure against program fraud and abuse, including
standards and procedures concerning nepotism, conflicts of
interest among individuals responsible for the administration and
supervision of the State program, kickbacks, and the use of
political patronage.
(7) Optional certification of standards and procedures to ensure
that the State will screen for and identify domestic violence
(A) In general
At the option of the State, a certification by the chief
executive officer of the State that the State has established
and is enforcing standards and procedures to -
(i) screen and identify individuals receiving assistance
under this part with a history of domestic violence while
maintaining the confidentiality of such individuals;
(ii) refer such individuals to counseling and supportive
services; and
(iii) waive, pursuant to a determination of good cause,
other program requirements such as time limits (for so long
as necessary) for individuals receiving assistance, residency
requirements, child support cooperation requirements, and
family cap provisions, in cases where compliance with such
requirements would make it more difficult for individuals
receiving assistance under this part to escape domestic
violence or unfairly penalize such individuals who are or
have been victimized by such violence, or individuals who are
at risk of further domestic violence.
(B) "Domestic violence" defined
For purposes of this paragraph, the term "domestic violence"
has the same meaning as the term "battered or subjected to
extreme cruelty", as defined in section 608(a)(7)(C)(iii) of
this title.
(b) Plan amendments
Within 30 days after a State amends a plan submitted pursuant to
subsection (a) of this section, the State shall notify the
Secretary of the amendment.
(c) Public availability of State plan summary
The State shall make available to the public a summary of any
plan or plan amendment submitted by the State under this section.
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