Penalties45 C.F.R. § 1355.47
Statutory authority: 42 U.S.C. § 620, 42 U.S.C. § 42, 42 U.S.C. § 670, 42 U.S.C. § 1302
A federal rulemaking would change this part. Reforming Federal Reporting and Assessments in Child Welfare (Notice of proposed rulemaking, 2026-10-05). The text below is the regulation in effect now.
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(a) Federal funds subject to a penalty. The funds that are subject to a penalty are the title IV-E agency's claims for title IV-E foster care administration and training for the quarter in which the title IV-E agency is required to submit the data files. For data files due on May 15, ACF will assess the penalty based on the title IV-E agency's claims for the third quarter of the Federal fiscal year. For data files due on November 14, ACF will assess the penalty based on the title IV-E agency's claims for the first quarter of the Federal fiscal year.
(b) Penalty amounts. ACF will assess penalties in the following amounts:
(1) First six month period. ACF will assess a penalty in the amount of one sixth of one percent ( 1/6 of 1%) of the funds described in paragraph (a) of this section for the first six month period in which the title IV-E agency's submitted corrected data file does not comply with § 1355.46.
(2) Subsequent six month periods. ACF will assess a penalty in the amount of one fourth of one percent ( 1/4 of 1%) of the funds described in paragraph (a) of this section for each subsequent six month period in which the title IV-E agency continues to be out of compliance.
(c) Penalty reduction from grant. ACF will offset the title IV-E agency's title IV-E foster care grant award in the amount of the penalty from the title IV-E agency's claims following the title IV-E agency notification of ACF's final determination of noncompliance.
(d) Appeals. The title IV-E agency may appeal ACF's final determination of noncompliance to the HHS Departmental Appeals Board pursuant to 45 CFR part 16.
Source. 81 FR 90569, Dec. 14, 2016
Amended. 2016-12-20, 2017-01-17 (eCFR).