What happens if a State does not comply with the IV-D sanction requirement?

  1. Law
  2. CFR 45
  3. Public Welfare
  4. Regulations Relating to Public Welfare
  5. Office of Family Assistance (Assistance Programs), Administration for Children and Families, Department of Health and Human Services
  6. Other Accountability Provisions
  7. What Specific Rules Apply for Other Program Penalties?
  8. What happens if a State does not comply with the IV-D sanction requirement?

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§ 264.31 What happens if a State does not comply with the IV-D sanction requirement?

(a)

(1) If we find that, for a fiscal year, the State IV-A agency did not enforce the penalties against recipients required under § 264.30(c), we will reduce the SFAG payable for the next fiscal year by one percent of the adjusted SFAG.

(2) Upon a finding for a second fiscal year, we will reduce the SFAG by two percent of the adjusted SFAG for the following year.

(3) A third or subsequent finding will result in the maximum penalty of five percent.

(b) We will not impose a penalty if:

(1) The State demonstrates to our satisfaction that it had reasonable cause pursuant to § 262.5 of this chapter; or

(2) The State achieves compliance under a corrective compliance plan pursuant to § 262.6 of this chapter.


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