CFR > Title 45 - Public Welfare > SUBTITLE B—Regulations Relating to Public Welfare > CHAPTER II—OFFICE OF FAMILY ASSISTANCE (ASSISTANCE PROGRAMS), ADMINISTRATION FOR CHILDREN AND FAMILIES, DEPARTMENT OF HEALTH AND HUMAN SERVICES (parts 200 to 288) > PART 286—TRIBAL TANF PROVISIONS > SUBPART D—Accountability and Penalties (§286.195 to §286.240) > 286.205—How will we determine if a Tribe fails to meet the minimum work participation rate(s)?

286.205—How will we determine if a Tribe fails to meet the minimum work participation rate(s)?

(a) We will use the Tribal TANF Data Reports required under § 286.255 to determine if we will assess the penalty under § 286.195(a)(3) for failure to meet the minimum participation rate(s) established for the Tribe.
(b) Each Tribal TANF Grantee's quarterly reports (the TANF Data Report and the Tribal TANF Financial Report) must be complete and accurate and filed by the due date. The accuracy of the reports are subject to validation by us.
(1) For a disaggregated data report, “a complete and accurate report” means that:
(i) The reported data accurately reflect information available to the Tribal TANF grantee in case records, financial records, and automated data systems;
(ii) The data are free from computational errors and are internally consistent (e.g., items that should add to totals do so);
(iii) The Tribal TANF grantee reports data for all required elements (i.e., no data are missing);
(iv) The Tribal TANF grantee provides data on all families; or
(v) If the Tribal TANF grantee opts to use sampling, the Tribal TANF grantee reports data on all families selected in a sample that meets the specification and procedures in the TANF Sampling Manual (except for families listed in error); and
(vi) Where estimates are necessary (e.g., some types of assistance may require cost estimates), the Tribal TANF grantee uses reasonable methods to develop these estimates.
(2) For an aggregated data report, “a complete and accurate report” means that:
(i) The reported data accurately reflect information available to the Tribal TANF grantee in case records, financial records, and automated data systems;
(ii) The data are free from computational errors and are internally consistent (e.g., items that should add to totals do so);
(iii) The Tribal TANF grantee reports data on all applicable elements; and
(iv) Monthly totals are unduplicated counts for all families (e.g., the number of families and the number of out-of-wedlock births are unduplicated counts).
(3) For the Tribal TANF Financial Report, a “complete and accurate report” means that:
(i) The reported data accurately reflect information available to the Tribal TANF grantee in case records, financial records, and automated data systems;
(ii) The data are free from computational errors and are internally consistent (e.g., items that should add to totals do so);
(iii) The Tribal TANF grantee reports data on all applicable elements; and
(iv) All expenditures have been made in accordance with 45 CFR part 92 and all relevant OMB circulars.
(4) We will review the data filed in the quarterly reports to determine if they meet these standards. In addition, we will use audits and reviews to verify the accuracy of the data filed by the Tribal TANF grantee.
(c) Tribal TANF grantees must maintain records to adequately support any report, in accordance with 45 CFR part 92 and all relevant OMB circulars.
(d) If we find reports so significantly incomplete or inaccurate that we seriously question whether the Tribe has met its participation rate, we may apply the penalty under § 286.195(a)(3).