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Note:  This document has been delivered to the Office of the Federal Register but has not yet been scheduled for publication.  The official version of this document is the document that is published in the Federal Register.

determined that our interpretation of this provision in

section 637(a)(6)(A) of the Act is consistent with HHS’s

view that neither Part C of the Act nor CAPTA requires the referral of a child other than a child who is the subject of a proceeding resulting in a substantiated case of child abuse or neglect. For this reason, we have revised the

regulatory language in new §303.303(b)(1) (proposed

§303.302(b)(1)) to refer to a child under the age of three

who “is the subject” of a substantiated case of child abuse

or neglect. Additionally, we do not interpret the

statutory language or new §303.303(b)(1) (proposed

§303.302(b)(1)) to require a sibling (under the age of

three) to be referred or screened unless that sibling is a child under the age of three who also has been the subject of a substantiated case of child abuse or neglect. Given that we have narrowed the scope of children to be referred

to the Part C program under new §303.303(b)(1) (proposed

§303.302(b)), the potential burden is decreased to States,

which may currently receive referrals of all children (such as a sibling or step-sibling) who are involved in a substantiated case of child abuse or neglect.

Changes: The phrase “involved in” in new §303.303(b)(1)

(proposed §303.302(b)(1)) has been changed to “the subject

of.”