45 CFR § 261.15 - Can a family be penalized if a parent refuses to work because he or she cannot find child care?

---
identifier: "/us/cfr/t45/s261.15"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "45 CFR § 261.15 - Can a family be penalized if a parent refuses to work because he or she cannot find child care?"
title_number: 45
title_name: "Public Welfare"
section_number: "261.15"
section_name: "Can a family be penalized if a parent refuses to work because he or she cannot find child care?"
chapter_name: "OFFICE OF FAMILY ASSISTANCE (ASSISTANCE PROGRAMS), ADMINISTRATION FOR CHILDREN AND FAMILIES, DEPARTMENT OF HEALTH AND HUMAN SERVICES"
part_number: "261"
part_name: "ENSURING THAT RECIPIENTS WORK"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "42 U.S.C. 601, 602, 607, and 609; Pub. L. 109-171."
regulatory_source: "64 FR 17884, Apr. 12, 1999, unless otherwise noted."
cfr_part: "261"
---


# 261.15 Can a family be penalized if a parent refuses to work because he or she cannot find child care?

(a) No, the State may not reduce or terminate assistance based on an individual's refusal to engage in required work if the individual is a single custodial parent caring for a child under age six who has a demonstrated inability to obtain needed child care, as specified at § 261.56.

(b) A State that fails to comply with the penalty exception at section 407(e)(2) of the Act and the requirements at § 261.56 may be subject to the State penalty specified at § 261.57.