45 CFR § 1355.47 - Penalties.
---
identifier: "/us/cfr/t45/s1355.47"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "45 CFR § 1355.47 - Penalties."
title_number: 45
title_name: "Public Welfare"
section_number: "1355.47"
section_name: "Penalties."
chapter_name: "ADMINISTRATION FOR CHILDREN AND FAMILIES, DEPARTMENT OF HEALTH AND HUMAN SERVICES"
subchapter_number: "G"
subchapter_name: "THE ADMINISTRATION ON CHILDREN, YOUTH AND FAMILIES, FOSTER CARE MAINTENANCE PAYMENTS, ADOPTION ASSISTANCE, AND CHILD AND FAMILY SERVICES"
part_number: "1355"
part_name: "GENERAL"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "42 U.S.C. 620 42 U.S.C. 670 42 U.S.C. 1302."
cfr_part: "1355"
---
# 1355.47 Penalties.
(a) *Federal funds subject to a penalty.* The funds that are subject to a penalty are the title IV-E agency's claims for title IV-E foster care administration and training for the quarter in which the title IV-E agency is required to submit the data files. For data files due on May 15, ACF will assess the penalty based on the title IV-E agency's claims for the third quarter of the Federal fiscal year. For data files due on November 14, ACF will assess the penalty based on the title IV-E agency's claims for the first quarter of the Federal fiscal year.
(b) *Penalty amounts.* ACF will assess penalties in the following amounts:
(1) *First six month period.* ACF will assess a penalty in the amount of one sixth of one percent (
1/6 of 1%) of the funds described in paragraph (a) of this section for the first six month period in which the title IV-E agency's submitted corrected data file does not comply with § 1355.46.
(2) *Subsequent six month periods.* ACF will assess a penalty in the amount of one fourth of one percent (
1/4 of 1%) of the funds described in paragraph (a) of this section for each subsequent six month period in which the title IV-E agency continues to be out of compliance.
(c) *Penalty reduction from grant.* ACF will offset the title IV-E agency's title IV-E foster care grant award in the amount of the penalty from the title IV-E agency's claims following the title IV-E agency notification of ACF's final determination of noncompliance.
(d) *Appeals.* The title IV-E agency may appeal ACF's final determination of noncompliance to the HHS Departmental Appeals Board pursuant to 45 CFR part 16.
[81 FR 90569, Dec. 14, 2016]