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Home > Laws & Policies > Policy/Program Issuances > Policy Guidance and Manuals > ACYF-PGM-81-1 Attachment: Changes in Certain Assurances Related to the Provisions of P.L. 96-272

Changes in Certain Assurances Related to the Provisions of P.L. 96-272

Federal Register requirements have prohibited re-publications of the Assurances section of the Guidelines for Development of Child WelfareServices Plans. These were published under 45 CFR, Part 1392, in theRelocation of Social Services Programs Regulations in the Federal Register of August 25, 1980. The Federal Register publishes materials only once, especially regulations, because to do otherwise may raise the question as to which publication is the "official" version of the material. Further, some Assurances are somewhat modified to reflect the amended statute in order that State Child Welfare Services Plans (CWSP) do not address segments of title IV-B which have been repealed by P.L. 96-272. However, if these modifications were published in the Federal Register as part of a final document such as the Guidelines, they would constitute a revision of the existing title IV-B provisions which are not yet changed through final regulations.

Consequently, some sections of the preamble to the final Guidelines which discussed changes in the wording of Certain Assurances, resulting from passage of P.L. 96-272, were deleted prior to publication. It is important, however, that there be an interpretation of all of the regulations in Part 1392 which apply to title IV-B for purposes of CWSP compatibility with the provisions of P.L. 96-272. Therefore, the following additional explanation is provided for use in the joint development of title IV-B State Plans in the coming months:

1. Section 1392.4, Advisory Committees, and Section 1392.56, Day Care Services, with the exception of the eligibility requirements, should be read in reference to the statutory changes with apply title XX requirements regarding day care services to title IV-B.
2. The prior statutory basis for requiring the extension of child welfare services to all political subdivisions (Statewideness) in Section 1392.40, was Section 422(a)(2) of the Social Security Act. The Act as amended now requires that the State plan will "contain a description of the steps which the State will take to provide child welfare services and to make progress in covering additional political subdivisions ....." (Section 422(a)(6)). The language of the new statutory provision also gives the States additional time to extend the services to new political subdivisions progressively.

You will note that Sections 1392.3 and 1392.4 were erroneously interchanged as to title and content in "Interpretations of the Assurances" on page 1565 of the final Guidelines. You will also note an error in the title of Section 1392.2 on page 1564, which should read "Single Organizational Unit."