[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: 45CFR400.111]



[Page 366-367]

 

                        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 H_Child Welfare Services

 

Sec.  400.111  Definitions.



    For purposes of this subpart--

    Child welfare agency means an agency licensed or approved under 

State law to provide child welfare services to children in the State.

    Unaccompanied minor means a person who has not yet attained 18 years 

of age (or a higher age established by the State of resettlement in its 

child welfare plan under title IV-B of the Social Security Act for the 

availability of child welfare services to any other child in the State); 

who entered the United States unaccompanied by and not destined to (a) a 

parent or (b) a close nonparental adult relative who is willing and able 

to care for the child or (c) an adult with a clear and court-verifiable 

claim to custody of the



[[Page 367]]



minor; and who has no parent(s) in the United States. Limitation: No 

child may be considered by a State to be unaccompanied for the purpose 

of this part unless such child was identified by INS at the time of 

entry as unaccompanied, except that a child who was correctly classified 

as unaccompanied by a State in accordance with Action Transmittal SSA-

AT-79-04 (and official interpretations thereof by the Director) prior to 

the effective date of this definition may continue to be so classified 

until such status is terminated in accordance with Sec.  400.113(b) of 

this subpart; and the Director may approve the classification of a child 

as unaccompanied on the basis of information provided by a State showing 

that such child should have been classified as unaccompanied at the time 

of entry.

    Title IV-B plan means a State's plan for providing child welfare 

services to children in the State under part B of title IV of the Social 

Security Act.