§ 265.9 What information must the State file annually? Cross Reference
Link to an amendment published at 89 FR 53877 , June 28, 2024.
( a ) Each State must file an annual report containing information on the TANF program and the State's MOE program(s) for that year. The report may be filed as: ( 1 ) An addendum to the fourth quarter TANF Data Report; or
( 2 ) A separate annual report.
( b ) Each State must provide the following information on the TANF program: ( 1 ) The State's definition of each work activity;
( 2 ) A description of the transitional services provided to families no longer receiving assistance due to employment;
( 3 ) A description of how a State will reduce the amount of assistance payable to a family when an individual refuses to engage in work without good cause pursuant to § 261.14 of this chapter;
( 4 ) The average monthly number of payments for child care services made by the State through the use of disregards, by the following types of child care providers: ( i ) Licensed/regulated in-home child care;
( ii ) Licensed/regulated family child care;
( iii ) Licensed/regulated group home child care;
( iv ) Licensed/regulated center-based child care;
( v ) Legally operating (i.e., no license category available in State or locality) in-home child care provided by a nonrelative;
( vi ) Legally operating (i.e., no license category available in State or locality) in-home child care provided by a relative;
( vii ) Legally operating (i.e., no license category available in State or locality) family child care provided by a nonrelative;
( viii ) Legally operating (i.e., no license category available in State or locality) family child care provided by a relative;
( ix ) Legally operating (i.e., no license category available in State or locality) group child care provided by a nonrelative;
( x ) Legally operating (i.e., no license category available in State or locality) group child care provided by a relative; and
( xi ) Legally operated (i.e., no license category available in State or locality) center-based child care;
( 5 ) If the State has adopted the Family Violence Option and wants Federal recognition of its good cause domestic violence waivers under subpart B of part 260 of this chapter, a description of the strategies and procedures in place to ensure that victims of domestic violence receive appropriate alternative services and an aggregate figure for the total number of good cause domestic waivers granted;
( 6 ) A description of any nonrecurrent, short-term benefits provided, including: ( i ) The eligibility criteria associated with such benefits, including any restrictions on the amount, duration, or frequency of payments;
( ii ) Any policies that limit such payments to families that are eligible for TANF assistance or that have the effect of delaying or suspending a family's eligibility for assistance; and
( iii ) Any procedures or activities developed under the TANF program to ensure that individuals diverted from assistance receive information about, referrals to, or access to other program benefits (such as Medicaid and food stamps) that might help them make the transition from welfare to work;
( 7 ) A description of the procedures the State has established and is maintaining to resolve displacement complaints, pursuant to section 407(f)(3) of the Act. This description must include the name of the State agency with the lead responsibility for administering this provision and explanations of how the State has notified the public about these procedures and how an individual can register a complaint;
( 8 ) A summary of State programs and activities directed at the third and fourth statutory purposes of TANF (as specified at § 260.20(c) and (d) of this chapter); and
( 9 ) An estimate of the total number of individuals who have participated in subsidized employment under § 261.30(b) or (c) of this chapter.
( 10 ) A comprehensive description of the state's policies and practices to prevent assistance (defined at § 260.31(a) of this chapter) provided with federal TANF or state TANF MOE funds from being used in any electronic benefit transfer transaction in any: liquor store; casino, gambling casino or gaming establishment; or retail establishment which provides adult-oriented entertainment in which performers disrobe or perform in an unclothed state for entertainment. Reports must address: ( i ) Procedures for preventing the use of TANF assistance via electronic benefit transfer transactions in any liquor store; any casino, gambling casino, or gaming establishment*;* and any retail establishment which provides adult-oriented entertainment in which performers disrobe or perform in an unclothed state for entertainment;
( ii ) How the state identifies the locations specified in the statute;
( iii ) Procedures for ongoing monitoring to ensure policies are being carried out as intended; and
( iv ) How the state responds to findings of non-compliance or program ineffectiveness.
( 11 ) The state's TANF Plan must describe how the state will: ( i ) Implement policies and procedures as necessary to prevent access to assistance provided under the State program funded under this part through any electronic fund transaction in an automated teller machine or point-of-sale device located in a place described in section 408(a)(12) of the Act, including a plan to ensure that recipients of the assistance have adequate access to their cash assistance; and
( ii ) Ensure that recipients of assistance provided under the State program funded under this part have access to using or withdrawing assistance with minimal fees or charges, including an opportunity to access assistance with no fee or charges, and are provided information on applicable fees and surcharges that apply to electronic fund transactions involving the assistance, and that such information is made publicly available.
( c ) Each State must provide the following information on the State's program(s) for which the State claims MOE expenditures: ( 1 ) The name of each program and a description of the major activities provided to eligible families under each such program;
( 2 ) Each program's statement of purpose;
( 3 ) If applicable, a description of the work activities in each separate State MOE program in which eligible families are participating;
( 4 ) For each program, both the total annual State expenditures and the total annual State expenditures claimed as MOE;
( 5 ) For each program, the average monthly total number or the total number of eligible families served for which the State claims MOE expenditures as of the end of the fiscal year;
( 6 ) The eligibility criteria for the families served under each program/activity;
( 7 ) A statement whether the program/activity had been previously authorized and allowable as of August 21, 1996, under section 403 of prior law;
( 8 ) The FY 1995 State expenditures for each program/activity not authorized and allowable as of August 21, 1996, under section 403 of prior law (see § 263.5(b) of this chapter); and
( 9 ) A certification that those families for which the State is claiming MOE expenditures met the State's criteria for “eligible families.”[7]
( d ) If the State has submitted the information required in paragraphs (b) and (c) of this section in the State Plan, it may meet the annual reporting requirements by reference in lieu of re-submission. If the information in the annual report has not changed since the previous annual report, the State may reference this information in lieu of re-submission.
( e ) If a State makes a substantive change in certain data elements in paragraphs (b) and (c) of this section, it must file a copy of the change with the next quarterly data report or as an amendment to its State Plan. The State must also indicate the effective date of the change. This requirement is applicable to the following data elements: ( 1 ) Paragraphs (b)(1), (b)(2), and (b)(3) of this section; and
( 2 ) Paragraphs (c)(1), (c)(2), (c)(3), (c)(6), (c)(7), and (c)(8) of this section.
[64 FR 17900, Apr. 12, 1999, as amended at 81 FR 2105, Jan. 15, 2016] Footnotes -
265.9
[7] See appendix I for the reporting form for the Annual Report on State Maintenance-of-Effort Programs.