[Federal Register Volume 59, Number 96 (Thursday, May 19, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-12106]


[[Page Unknown]]

[Federal Register: May 19, 1994]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Administration for Children and Families

45 CFR Parts 205 and 233

RIN 0970-AB14

 

Aid to Families With Dependent Children Program; Certain 
Provisions of the Omnibus Budget Reconciliation Act of 1990

AGENCY: Administration for Children and Families (ACF), HHS.

ACTION: Final rules.

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SUMMARY: These final rules apply to State agencies administering the 
Aid to Families with Dependent Children (AFDC) program under Title IV-A 
of the Social Security Act. They implement three provisions of the 
Omnibus Budget Reconciliation Act of 1990 (OBRA 90), Public Law 101-
508. The changes delete all references to income-deeming by legal 
guardians in minor parent cases; expand State agency responsibility for 
reporting, to an appropriate agency or official, known or suspected 
instances of child abuse and neglect of a child receiving AFDC; and add 
an explicit reference to title IV-E on the list of programs for which 
information about AFDC applicants and recipients may be made available. 
In addition, the reference to tile IV-C from 45 CFR 205.50(a)(1)(A) was 
deleted since the WIN program is no longer operative.
    The regulatory provisions contained in these final rules reflect a 
direct implementation of the statutory requirements and do not include 
any changes to the interim final rules previously published on 
September 22, 1993.

EFFECTIVE DATE: May 19, 1994.

FOR FURTHER INFORMATION CONTACT:
Mack A. Storrs, Director, Division of AFDC Program, Office of Family 
Assistance, Fifth Floor, 370 L'Enfant Promenade SW., Washington, DC 
20447, telephone (202) 401-9289.

SUPPLEMENTARY INFORMATION: On September 22, 1993, we published an 
interim final regulation (see 58 FR 49218-49220) to implement three 
provisions of the Omnibus Budget Reconciliation Act of 1990, as 
amended. Discussion of these provisions follow.

Eliminating the Use of the Term ``Legal Guardian'' (Section 233.20 of 
the Final Rule)

    The Omnibus Budget Reconciliation Act (OBRA) of 1981 added section 
402(a)9(39) of the Social Security Act to acquire that, in determining 
AFDC benefits for a dependent child whose parent or legal guardian is 
under the age of 18, the State agency must include the income of the 
minor parent's own parents or legal guardians who are living in the 
same home. Section 5053 of Omnibus Budget Reconciliation Act of 1990 
(OBRA 90) amended section 402(a)(39) of the Social Security Act by 
eliminating the use of the term ``legal guardian.'' Section 402(a)(39) 
provides that in determining AFDC benefits for a dependent child whose 
parent is under the age of 18, the State agency must include the income 
of the minor parent's own parents who are living in the same home. We 
have amended Federal regulations at Sec. 233.20(a)(3)(xviii) to reflect 
this statutory change.
    As stated in the OBRA 90 conference report (H.R. Conf. Rep. No. 
964, 101st Cong. 2d Sess. (Oct. 1990) pp. 911-12), Congress recognized 
that legal guardianship is not relevant to eligibility determination. 
Even if a legal guardian were appointed, the child would not be 
eligible for AFDC unless living with a relative as defined in section 
406 of the Social Security Act.
    Congress also recognized that the use of the term ``legal 
guardian'' with respect to the deeming of income is inappropriate in 
the context of the AFDC statute. Unlike the parent-child relationship, 
legal guardianship has not been a basis for attributing income to AFDC 
beneficiaries. An example given in the Conference report illustrates 
that there is the potential for unequal treatment under the AFDC 
program when legal guardianship is used as a source of attributed 
income in three-generation families. If a minor child is living with an 
aunt who is her legal guardian, the aunt's income is not automatically 
attributed to the AFDC beneficiary; however, if the minor has a child, 
the guardian's income is included in the AFDC determination for the 
minor and her child. (H.R. Conf. Rep. No. 964, 101st Cong. 2d Sess. 
(Oct. 1990) p. 912). The OBRA amendment resolved these problems.

Reporting of Child Abuse and Neglect (Sections 205.50 and 233.90 of the 
Final Rule)

    Prior to OBRA 90, section 402(a)(16) of the Social Security Act 
provided that, if the State agency has reason to believe that a child 
and a relative receiving aid are residing in an unsuitable home due to 
the neglect, abuse, or exploitation of the child, the State must take 
action. The State is required to report the situation with all the 
relevant information to the appropriate court or law enforcement 
agencies in the State. This statutory provision is currently reflected 
in the Federal regulations at Sec. 233.90(a)(2).
    Section 5054 of OBRA 90 amended section 402(a)(16) of the Social 
Security Act to require that each State agency report, to an 
appropriate agency or official, known or suspected instances of child 
abuse and neglect of a child receiving AFDC. A conforming change was 
made to section 402(a)(9) to allow the release of information to 
appropriate individuals. The amendment includes as ``instances'' of 
abuse and neglect situations where a child experiences physical or 
mental injury, sexual abuse or exploitation, or negligent treatment or 
maltreatment under circumstances which indicate that the child's health 
or welfare is threatened. To implement these statutory changes we have 
amended Sec. 233.90(a)(2) and revised Sec. 205.50(a)(1) by adding a new 
paragraph (G).

Disclosure of Information About AFDC Applicants and Recipients for 
Purposes Directly Connected With Foster Care and Adoption Assistance 
Programs (Section 205.50 of the Final Rule)

    Prior to the enactment of OBRA 90, the use or disclosure of 
information concerning AFDC applicants and recipients was restricted by 
section 402(a)(9) of the Social Security Act. Information on AFDC 
recipients and applicants could only be used for purposes directly 
connected with: (1) The administration of the AFDC program or several 
other specified Social Security Act programs; (2) any investigation, 
prosecution, or criminal or civil proceeding conducted in connection 
with such programs; (3) the administration of any other Federal or 
Federally-assisted program providing assistance or services to 
individuals on the basis of need; and (4) any audit of such programs 
(H.R. Conf. Rep. No. 964, 101st Cong. 2d Sess. (Oct. 1990) p. 913).
    This section of the Social Security Act did not contain a specific 
reference to title IV-E, which covers the foster care and adoption 
assistance programs.
    Section 5055 of OBRA 90 amended section 402(a)(9)(A) of the Social 
Security Act by adding an explicit reference to title IV-E in the list 
of programs for which information about AFDC applicants and recipients 
may be made available. We have amended Sec. 205.50(a)(1)(i)(A) to 
reflect this statutory change. In addition, the reference to title IV-C 
was deleted from 45 CFR 205.50(a)(1)(A), since the WIN program is no 
longer operative.

Discussion of Comments

    No comments were received; therefore, these rules reflect no 
changes from the provisions previously published in the interim final 
rule.

Executive Order 12866 on Regulatory Planning and Review

    Executive Order 12866 requires that regulations be reviewed to 
ensure that they are consistent with the priorities and principles set 
forth in the Executive Order. The Department has determined that these 
rules are consistent with these priorities and principles. An 
assessment of the costs and benefits of available regulatory 
alternatives (including not regulating) demonstrated that the approach 
taken in the regulation is the most cost-effective and least burdensome 
while still achieving the regulatory objectives.

Paperwork Reduction Act

    These final rules do not require any information collection 
activities and, therefore no approval is necessary under section 3504 
(h) of the Paperwork Reduction Act of 1980 (Pub. L. 96-511).

Regulatory Flexibility Act

    The Regulatory Flexibility Act (Pub. L. 96-354) requires the 
Federal government to anticipate and reduce the impact of regulations 
and paperwork requirements on small businesses. The primary impact of 
these final rules is on State governments and individuals. Therefore, 
we certify that these rules will not have a significant economic impact 
on a substantial number of small entities because they effect benefits 
to individuals and payments to States. Thus, a regulatory flexibility 
analysis is not required.

    (Catalog of Federal Domestic Assistance Programs 13.780, 
Assistance Payments-Maintenance Assistance)

List of Subjects

45 CFR Part 205

    Computer technology, Grant programs--social programs, Privacy, 
Public assistance programs, Reporting and recordkeeping requirements, 
Wages.

45 CFR Part 233

    Aliens, Grant programs--social programs, Public assistance 
programs, Reporting and recordkeeping requirements.

    Dated: March 28, 1994.
Mary Jo Bane,
Assistant Secretary for Children and Families.

    Approved May 9, 1994.
Donna E. Shalala,
Secretary of Health and Human Services.

PART 205--GENERAL ADMINISTRATION PUBLIC ASSISTANCE PROGRAMS

    Accordingly, the interim final rule amending 45 CFR part 205 which 
was published at 58 FR 49218-49220 on September 22, 1993, is adopted as 
a final rule without change and is republished for the convenience of 
the reader.
    1. The authority citation for part 205 continues to read as 
follows:

    Authority: 5 U.S.C. 552a note; 42 U.S.C. 602, 603, 606, 607, 
611, 1302, 1306(a), and 1320b-7.

    2. Section 205.50 is amended by revising paragraph (a)(1)(i)(A) and 
adding paragraph (a)(1)(i)(G) to read as follows:


Sec. 205.50  Safeguarding information for the financial assistance 
programs.

    (a) * * *
    (1) * * *
    (i) * * *
    (A) The administration of the plan of the State approved under 
title IV-A, the plan or program of the State under title IV-B, IV-D, 
IV-E, or IV-F or under title I, X, XIV, XVI(AABD), XIX, XX, or the 
Supplemental Security Income (SSI) program established by title XVI. 
Such purposes include establishing eligibility, determining the amount 
of assistance, and providing services for applicants and recipients.
* * * * *
    (G) The reporting to the appropriate agency or official of 
information on known or suspected instances of physical or mental 
injury, sexual abuse or exploitation, or negligent treatment or 
maltreatment of a child receiving aid under circumstances which 
indicate that the child's health or welfare is threatened.
* * * * *

PART 233--COVERAGE AND CONDITIONS OF ELIGIBILITY IN FINANCIAL 
ASSISTANCE PROGRAMS

    Accordingly, the interim final rule amending 45 CFR part 233 which 
was published at 58 FR 49218-49220 on September 22, 1993, is adopted as 
a final rule without change and is republished for the convenience of 
the reader.
    1. The authority citation for part 233 continues to read as 
follows:

    Authority: 42 U.S.C. 301, 602, 606, 607, 1202, 1302, 1352, and 
1382 note.

    2. Section 233.20 is amended by revising paragraph (a)(3)(xviii) to 
read as follows:


Sec. 233.20  Need and amount of assistance.

    (a) * * *
    (3) * * *
    (xviii) For AFDC, in the case of a dependent child whose parent is 
a minor under the age of 18 (without regard to school attendance), the 
State shall count as income to the assistance unit the income, after 
appropriate disregards, of such minor's own parent(s) living in the 
same household as the minor and dependent child. The disregards to be 
applied are the same as are applied to the income of a stepparent 
pursuant to paragraph (a)(3)(xiv) of this section. However, in applying 
the disregards, each employed parent will receive the benefit of the 
work expense disregard in paragraph (a)(3)(xiv)(A) of this section.
* * * * *
    3. Section 233.90 is amended by revising paragraph (a)(2) 
introductory text to read as follows:


Sec. 233.90  Factors specific to AFDC.

    (a) * * *
    (2) Where it has reason to believe that a child receiving aid is in 
an unsuitable environment because of known or suspected instances of 
physical or mental injury, sexual abuse or exploitation, or negligent 
treatment or maltreatment of such child, under circumstances which 
indicate the child's health or welfare is threatened, the State or 
local agency will:
* * * * *
[FR Doc. 94-12106 Filed 5-18-94; 8:45 am]
BILLING CODE 4184-01-M