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4.2 MEPA/IEAP, Enforcement of Section 471 (a)(18) of the SSA

Items with a star (*) and gray background have been modified from previous record.

Question Number 1:
07/30/2010 - Current
Question*What criteria will be used to determine if a violation of section 471(a)(18) of the Act has occurred?
Answer*We have not developed any specific "criteria" for determining if a violation of section 471(a)(18) of the Social Security Act (the Act) has occurred. We will determine on a case-by-case basis whether the title IV-E agency has delayed or denied a child's adoptive or foster care placement or denied a person the opportunity to become an adoptive or foster parent based on race, color, or national origin. It is impossible to define every situation and circumstance that would result in a civil rights violation. Thus, the ACF Regional office will review the specific facts of each case to determine if a title IV-E agency or entity is in violation of section 471(a)(18) or if a policy or practice is consistent with previously issued guidance.
Source/Date*Preamble to the Final Rule (65 FR 4020) (1/25/00) (revised 07/14/10)
Legal and Related ReferencesSocial Security Act - section 471 (a)(18); 45 CFR 1355.38

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08/14/2000 - 07/30/2010 (Original Record)
QuestionWhat criteria will be used to determine if a violation of section 471 (a)(18) of the Act has occurred?
AnswerWe have not developed any specific "criteria" for determining if a violation of section 471 (a)(18) of the Social Security Act (the Act) has occurred. We will determine on a case-by-case basis whether the State has delayed or denied a child''s adoptive or foster care placement or denied a person the opportunity to become an adoptive or foster parent based on race, color, or national origin. It is impossible to define every situation and circumstance that would result in a civil rights violation. Thus, the ACF Regional office will review the specific facts of each case to determine if a State or entity is in violation of section 471 (a)(18) or if a policy or practice is consistent with previously issued guidance.
Source/DatePreamble to the Final Rule (65 FR 4020) (1/25/00)
Legal and Related ReferencesSocial Security Act - section 471 (a)(18); 45 CFR 1355.38

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