[Code of Federal Regulations] [Title 45, Volume 2] [Revised as of October 1, 2006] From the U.S. Government Printing Office via GPO Access [CITE: 45CFR400.1] [Page 341-345] TITLE 45--PUBLIC WELFARE CHAPTER IV--OFFICE OF REFUGEE RESETTLEMENT, ADMINISTRATION FOR CHILDREN AND FAMILIES, DEPARTMENT OF HEALTH AND HUMAN SERVICES PART 400_REFUGEE RESETTLEMENT PROGRAM--Table of Contents Subpart A_Introduction Sec. 400.1 Basis and purpose of the program. -------------------------------------------------------------------- Part Page 400 Refugee Resettlement Program................ 343 401 Cuban/Haitian Entrant Program............... 377 402 State Legalization Impact Assistance Grants. 378 403-499 [Reserved] [[Page 343]] Subpart A_Introduction Sec. 400.1 Basis and purpose of the program. 400.2 Definitions. 400.3 [Reserved] Subpart B_Grants to States for Refugee Resettlement The State Plan 400.4 Purpose of the plan. 400.5 Content of the plan. 400.6 [Reserved] 400.7 Submittal of the State plan and plan amendments for Governor's review. 400.8 Approval of State plans and plan amendments. 400.9 Administrative review of decisions on approval of State plans and plan amendments. 400.10 [Reserved] Award of Grants to States 400.11 Award of Grants to States. 400.12 Adverse determinations concerning State grants. 400.13 Cost allocation. Subpart C_General Administration 400.20-400.21 [Reserved] 400.22 Responsibility of the State agency. 400.23 Hearings. 400.24 [Reserved] 400.25 Residency requirements. 400.26 [Reserved] 400.27 Safeguarding and sharing of information. 400.28 Maintenance of records and reports. Subpart D_Immigration Status and Identification of Refugees 400.40 Scope. 400.41 Definitions. Documentation of Refugee Status 400.43 Requirements for documentation of refugee status. 400.44 Restriction. Subpart E_Refugee Cash Assistance 400.45 Requirements for the operation of an AFDC-type RCA program. 400.48 Basis and scope. 400.49 Recovery of overpayments and correction of underpayments. 400.50 Opportunity to apply for cash assistance. 400.51 Determination of eligibility under other programs. 400.52 Emergency cash assistance to refugees. 400.53 General eligibility requirements. 400.54 Notice and Hearings. 400.55 Availability of agency policies. Public/Private RCA Program 400.56 Structure. 400.57 Planning and consultation process. 400.58 Content and submission of public/private RCA plan. 400.59 Eligibility for the public/private RCA program. 400.60 Payment levels. 400.61 Services to public/private RCA recipients. 400.62 Treatment of eligible secondary migrants, asylees, and Cuban/ Haitian entrants. 400.63 Preparation of local resettlement agencies. Publicly-Administered RCA Programs 400.65 Continuation of a public-administered RCA program. 400.66 Eligibility and payment levels in a publicly-administered RCA program. 400.67 Non-applicable TANF requirements. 400.68 Notification to local resettlement agency. 400.69 Alternative RCA programs. Applications, Determinations of Eligibility, and Furnishing Assistance 400.55 Opportunity to apply for cash assistance. 400.56 Determination of eligibility under other programs. 400.57 Emergency cash assistance to refugees. Conditions of Eligibility for Refugee Cash Assistance 400.60 General eligibilty requirements. 400.61 Consideration of income and resources. 400.62 Need standards and payment levels. 400.63 Proration of shelter, utilities, and similar needs. 400.64 Other AFDC requirements applicable to refugee cash assistance. Subpart F_Requirements for Employability Services and Employment 400.70 Basis and scope. 400.71 Definitions. 400.72 Arrangements for employability services. General Requirements 400.75 Registration for employment services, participation in employability service programs and targeted assistance programs, going to job interviews, and [[Page 344]] acceptance of appropriate offers of employment. 400.76 Criteria for exemption from registration for employment services, participation in employability service programs, and acceptance of appropriate offers of employment. 400.77 Effect of quitting employment or failing or refusing to participate in required services. 400.79 Development of an employability plan. Criteria for Appropriate Employability Services and Employment 400.81 Criteria for appropriate employability services and employment. Failure or Refusal To Accept Employability Services or Employment 400.82 Failure or refusal to accept employability services or employment. 400.83 Mediation and fair hearings. Subpart G_Refugee Medical Assistance 400.90 Basis and scope. 400.91 Definitions. Applications, Determinations of Eligibility, and Furnishing Assistance 400.93 Opportunity to apply for medical assistance. 400.94 Determination of eligibility for Medicaid. Conditions of Eligibility for Refugee Medical Assistance 400.100 General eligibility requirements. 400.101 Financial eligibility standards. 400.102 Consideration of income and resources. 400.103 Coverage of refugees who spend down to State financial eligibility standards. 400.104 Continued coverage of recipients who receive increased earnings from employment. Scope of Medical Services 400.105 Mandatory services. 400.106 Additional services. 400.107 Medical screening. Subpart H_Child Welfare Services 400.110 Basis and scope. 400.111 Definitions. 400.112 Child welfare services for refugee children. 400.113 Duration of eligibility. 400.114 [Reserved] 400.115 Establishing legal responsibility. 400.116 Service for unaccompanied minors. 400.117 Provision of care and services. 400.118 Case planning. 400.119 Interstate movement. 400.120 Reporting requirements. Subpart I_Refugee Social Services 400.140 Basis and scope. 400.141 Definitions. Applications, Determinations of Eligibility, and Provision of Services 400.145 Opportunity to apply for services. Funding and Service Priorities 400.146 Use of funds. 400.147 Priority in provision of services. Purchase of Services 400.148 Purchase of services. Conditions of Eligibility for Refugee Social Services 400.150 General eligibility requirements. 400.152 Limitations on eligibility for services. Scope of Refugee Social Services 400.154 Employability services. 400.155 Other services. 400.156 Service requirements. Subpart J_Federal Funding 400.200 Scope. Federal Funding For Expenditures for Determining Eligibility and Providing Assistance and Services 400.202 Extent of Federal funding. 400.203 Federal funding for cash assistance. 400.204 Federal funding for medical assistance. 400.205 Federal funding for assistance and services for unaccompanied minors. 400.206 Federal funding for social services and targeted assistance services. 400.207 Federal funding for administrative costs. 400.208 Claims involving family units which include both refugees and nonrefugees. 400.209 Claims involving family units which include refugees who have been in the United States more than 36 months. 400.210 Time limits for obligating and expending funds and for filling State claims. 400.211 Methodology to be used to determine time-eligibility of refugees. 400.212 Restrictions in the use of funds. 400.220 Counting time-eligibility of refugees. Subpart K_Waivers and Withdrawals. 400.300 Waivers. 400.301 Withdrawal from the refugee program. [[Page 345]] Subpart L_Targeted Assistance 400.310 Basis and scope. 400.311 Definitions. 400.312 Opportunity to apply for services. Funding and Service Priorities 400.313 Use of funds. 400.314 Priority in provision of services. 400.315 General eligibility requirements. 400.316 Scope of targeted assistance services. 400.317 Service requirements. 400.318 Eligible grantees. 400.319 Allocation of funds. Authority: Section 412(a)(9), Immigration and Nationality Act (8 U.S.C. 1522(a)(9)). Source: 45 FR 59323, Sept. 9, 1980, unless otherwise noted. (a) This part prescribes requirements concerning grants to States and other public and private non-profit agencies, wherever applicable under title IV of the Immigration and Nationality Act. (b) It is the purpose of this program to provide for the effective resettlement of refugees and to assist them to achieve economic self- sufficiency as quickly as possible. (c) Under the authority in section 412(a)(6)(B) of the Immigration and Nationality Act, the Director has established the provision of employment services and English language training as a priority in accomplishing the purpose of this program. [51 FR 3912, Jan. 30, 1986, as amended at 60 FR 33601, June 28, 1995]