42 U.S.C. § 1320a–2a — Reviews of child and family services programs, and of foster care and adoption assistance programs, for conformity with State plan requirements

(a) General rule. Consulting with the State agencies that administer State programs under parts B and E of subchapter IV, the Secretary must issue regulations reviewing those programs for substantial conformity with: (1) State-plan requirements under those parts; (2) the Secretary’s implementing regulations; and (3) the relevant approved State plans. (b) Review system. The regulations must: (1) set a timetable, including (A) an initial review of every State program; (B) a timely review after a program is found not substantially conforming; and (C) less frequent reviews for programs found substantially conforming. They must allow the Secretary to return to more frequent reviews when information suggests a program may not conform. (2) They must identify the requirements reviewed, including section 671(a)(27), and the criteria for measuring conformity and deciding whether a substantial failure occurred. (3) They must state how to calculate Federal matching funds to withhold, and ensure that: (A) funds are not withheld unless the program substantially fails to conform; (B) funds are not withheld for a failure caused by the State’s reliance on and correct use of a formal written statement of Federal law or policy supplied by the Secretary; and (C) the amount withheld relates to the extent of the failure. (4) For a program found substantially nonconforming, they must require the Secretary: (A) to give the State a chance to adopt and carry out a Secretary-approved corrective-action plan designed to end the failure; (B) to provide feasible technical assistance for developing and carrying out that plan; (C) to suspend withholding while the plan is in effect; and (D) to cancel the withholding if successful completion of the plan ends the failure. (c) Appeals and court review. The regulations must: (1) require the Secretary, within 10 days after a final finding that a State program does not conform, to notify the State of (A) the basis and (B) any Federal matching amount to be withheld; (2) give the State 60 days after receiving that notice, or, if later, after failing to continue or complete a corrective-action plan, to appeal to the Departmental Appeals Board; and (3) give the State 60 days after receiving the Board’s decision to seek judicial review of an adverse decision by appealing to the United States district court for the district where the responsible agency’s principal or headquarters office is located.