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119th Congress

Title 42 — The Public Health and Welfare

Part B · Chapter 7 — Social Security

§ 622. State plans for child welfare services

Statutory text

(a)

Joint development

In order to be eligible for payment under this subpart, a State must have a plan for child welfare services which has been developed jointly by the Secretary and the State agency designated pursuant to subsection (b)(1), and which meets the requirements of subsection (b).

(b)

Requisite features of State plans

Each plan for child welfare services under this subpart shall—

(1)

provide that a State agency will administer or supervise the administration of the plan under this subpart;

(2)

provide for coordination between the services provided for children under the plan and the services and assistance provided under division A 1 of subchapter XX, under the State program funded under part A, under the State plan approved under subpart 2 of this part, under the State plan approved under the State plan approved 2 under part E, and under other State programs having a relationship to the program under this subpart, with a view to provision of welfare and related services which will best promote the welfare of such children and their families;

(3)

include a description of the services and activities which the State will fund under the State program carried out pursuant to this subpart, and how the services and activities will achieve the purpose of this subpart;

(4)

contain a description of—

(A)

the steps the State will take to provide child welfare services statewide and to expand and strengthen the range of existing services and develop and implement services to improve child outcomes;

(B)

the child welfare services staff development and training plans of the State; and

(C)

the steps that the State will take to ensure that, with respect to any judicial proceeding involving a child and in which there is an allegation of child abuse or neglect, including a proceeding on dependency, adoption, guardianship, or termination of parental rights, information about available independent legal representation is provided to—

(i)

the child, as appropriate; and

(ii)

any individual who is a parent or guardian, or has legal custody, of the child;

(5)

provide, in the development of services for children, for utilization of the facilities and experience of voluntary agencies in accordance with State and local programs and arrangements, as authorized by the State;

(6)

provide that the agency administering or supervising the administration of the plan will furnish such reports, containing such information, and participate in such evaluations, as the Secretary may require;

(7)

provide for the diligent recruitment of potential foster and adoptive families that reflect the ethnic and racial diversity of children in the State for whom foster and adoptive homes are needed;

(8)

provide assurances that the State—

(A)

is operating, to the satisfaction of the Secretary—

(i)

a statewide information system from which can be readily determined the status, demographic characteristics, location, and goals for the placement of every child who is (or, within the immediately preceding 12 months, has been) in foster care;

(ii)

a case review system (as defined in section 675(5) of this title and in accordance with the requirements of section 675a of this title) for each child receiving foster care under the supervision of the State;

(iii)

a service program designed to help children—

(I)

where safe and appropriate, return to families from which they have been removed; or

(II)

be placed for adoption, with a legal guardian, or, if adoption or legal guardianship is determined not to be appropriate for a child, in some other planned, permanent living arrangement, subject to the requirements of sections 675(5)(C) and 675a(a) of this title, which may include a residential educational program; and

(iv)

a preplacement preventive services program designed to help children at risk of foster care placement remain safely with their families; and

(B)

has in effect policies and administrative and judicial procedures for children abandoned at or shortly after birth (including policies and procedures providing for legal representation of the children) which enable permanent decisions to be made expeditiously with respect to the placement of the children;

(9)

contain a description, developed after consultation with tribal organizations (as defined in section 5304 of title 25) in the State, of the specific measures taken by the State to comply with the Indian Child Welfare Act of 1978 [25 U.S.C. 1901 et seq.], including how the State will ensure timely notice to Indian tribes of State custody proceedings involving Indian children, foster care or adoptive placements of Indian children, and case recordkeeping as such matters relate to transfers of jurisdiction, termination of parental rights, and active efforts;

(10)

contain assurances that the State shall make effective use of cross-jurisdictional resources (including through contracts for the purchase of services), and shall eliminate legal barriers, to facilitate timely adoptive or permanent placements for waiting children;

(11)

contain a description of the activities that the State has undertaken for children adopted from other countries, including the provision of adoption and post-adoption services;

(12)

provide that the State shall collect and report information on children who are adopted from other countries and who enter into State custody as a result of the disruption of a placement for adoption or the dissolution of an adoption, including the number of children, the agencies who handled the placement or adoption, the plans for the child, and the reasons for the disruption or dissolution;

(13)

demonstrate substantial, ongoing, and meaningful collaboration with State courts in the development and implementation of the State plan under this subpart, the State plan approved under subpart 2, and the State plan approved under part E, and in the development and implementation of any program improvement plan required under section 1320a–2a of this title;

(14)

not later than , include assurances that not more than 10 percent of the expenditures of the State with respect to activities funded from amounts provided under this subpart will be for administrative costs;

(15)
(A)

provides 3 that the State will develop, in coordination and collaboration with the State agency referred to in paragraph (1) and the State agency responsible for administering the State plan approved under subchapter XIX, and, if applicable, the State agency responsible for mental health services, and in consultation with pediatricians, mental health providers, other experts in health care, and experts in and recipients of child welfare services, a plan for the ongoing oversight and coordination of health care services for any child in a foster care placement, which shall ensure a coordinated strategy to identify and respond to the health care needs of children in foster care placements, including mental health and dental health needs, and shall include an outline of—

(i)

a schedule for initial and follow-up health screenings that meet reasonable standards of medical practice;

(ii)

how health needs identified through screenings will be monitored and treated, including a list of services provided to support the physical and emotional trauma associated with a child’s maltreatment and removal from home;

(iii)

how medical information for children in care will be updated and appropriately shared, which may include the development and implementation of an electronic health record;

(iv)

steps to ensure continuity of health care and mental health services, which may include the establishment of a medical home for every child in care;

(v)

the oversight of prescription medicines, including protocols for the appropriate use and monitoring of psychotropic medications, informed consent of youth, and compliance with professional practice guidelines;

(vi)

how the State actively consults with and involves physicians, licensed mental health providers, or other appropriate medical or non-medical professionals in assessing the health and well-being of children in foster care and in determining appropriate medical treatment for the children;

(vii)

the procedures and protocols the State has established to ensure that children in foster care placements are not inappropriately diagnosed with mental illness, other emotional or behavioral disorders, medically fragile conditions, or developmental disabilities, and placed in settings that are not foster family homes as a result of the inappropriate diagnoses; and

(viii)

steps to ensure that the components of the transition plan development process required under section 675(5)(H) of this title that relate to the health care needs of children aging out of foster care, including the requirements to include options for health insurance, information about a health care power of attorney, health care proxy, or other similar document recognized under State law, and to provide the child with the option to execute such a document, are met; and

(B)

subparagraph (A) shall not be construed to reduce or limit the responsibility of the State agency responsible for administering the State plan approved under subchapter XIX to administer and provide care and services for children with respect to whom services are provided under the State plan developed pursuant to this subpart;

(16)

provide that, not later than 1 year after , the State shall have in place procedures providing for how the State programs assisted under this subpart, subpart 2 of this part, or part E would respond to a disaster, in accordance with criteria established by the Secretary which should include how a State would—

(A)

identify, locate, and continue availability of services for children under State care or supervision who are displaced or adversely affected by a disaster;

(B)

respond, as appropriate, to new child welfare cases in areas adversely affected by a disaster, and provide services in those cases;

(C)

remain in communication with caseworkers and other essential child welfare personnel who are displaced because of a disaster;

(D)

preserve essential program records; and

(E)

coordinate services and share information with other States;

(17)

not later than , describe the State standards for the content and frequency of caseworker visits for children who are in foster care under the responsibility of the State, which, at a minimum, ensure that the children are visited on a monthly basis and that the caseworker visits are well-planned and focused on issues pertinent to case planning and service delivery to ensure the safety, permanency, and well-being of the children, and include a description of how the State may offer virtual caseworker visits to youth in care who have attained the age of 18 years and provided informed consent for virtual visits;

(18)

include a description of the activities that the State has undertaken to reduce the length of time children who have not attained 5 years of age are without a permanent family, and the activities the State undertakes to address the developmental needs of all vulnerable children under 5 years of age who receive benefits or services under this part or part E; and

(19)

document steps taken to track and prevent child maltreatment deaths by including—

(A)

a description of the steps the State is taking to compile complete and accurate information on the deaths required by Federal law to be reported by the State agency referred to in paragraph (1), including gathering relevant information on the deaths from the relevant organizations in the State including entities such as State vital statistics department, child death review teams, law enforcement agencies, offices of medical examiners, or coroners; and

(B)

a description of the steps the State is taking to develop and implement a comprehensive, statewide plan to prevent the fatalities that involves and engages relevant public and private agency partners, including those in public health, law enforcement, and the courts.

(c)

Definitions

In this subpart:

(1)

Administrative costs

The term “administrative costs” means costs for the following, but only to the extent incurred in administering the State plan developed pursuant to this subpart: procurement, payroll management, personnel functions (other than the portion of the salaries of supervisors attributable to time spent directly supervising the provision of services by caseworkers), management, maintenance and operation of space and property, data processing and computer services, accounting, budgeting, auditing, and travel expenses (except those related to the provision of services by caseworkers or the oversight of programs funded under this subpart).

(2)

Other terms

For definitions of other terms used in this part, see section 675 of this title.

Footnotes

  1. 1 See References in Text note below.
  2. 2 So in original.
  3. 3 So in original. Probably should be “provide”.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Social Security Amendments of 1967

    Pub. L. 90–248 title II § 240(c) · 81 Stat. 821

    Enacted · 42 U.S.C. § 622

    Aug. 14, 1935, ch. 531, title IV, § 422, as added and amended Pub. L. 90–248, title II, § 240(c), (d), Jan. 2, 1968, 81 Stat. 912, 915

    Source evidence

    Code source credit
    Aug. 14, 1935, ch. 531, title IV, § 422, as added and amended Pub. L. 90–248, title II, § 240(c), (d), Jan. 2, 1968, 81 Stat. 912, 915

    Enacted provision · exact public law section
    (c) Title IV of such Act is further amended by adding at the end 49 Stat. 627; 76 Stat. 186. thereof the following new part: “Part B— Child-Welfare Services “Sec. 420. “appropriation For the purpose of enabling the United States, through the Secretary, to cooperate with State public welfare agencies in establishing, extending, and strengthening child-welfare services, the following sums are hereby authorized to be appropriated: $55,000,000 for the fiscal year ending June 30, 1968, $100,000,000 for the fiscal year ending June 30, 1969, and $110,000,000 for each fiscal year thereafter. “Sec. 421. “allotments to states The sum appropriated pursuant to section 420 for each fiscal year shall be allotted by the Secretary for use by cooperating State public welfare agencies which have plans developed jointly by the State agency and the Secretary, as follows: He shall allot $70,000 to each State, and shall allot, to each State an amount which bears the same ratio to the remainder of the sum so appropriated for such year as the product of (1) the population of such State under the age of 21 and (2) the allotment percentage of such State (as determined Post, p. 913. under section 423) bears to the sum of the corresponding products of all the States. “Sec. 422. “payment to states (a) From the sums appropriated therefor and the allotment available under this part, the Secretary shall from time to time pay to each State— “(1) that has a plan for child-welfare services which has been developed as provided in this part and which— “(A) provides for coordination between the services provided under such plan and the services provided for dependent children under the State plan approved under part A of this title, with a view to provision of welfare and related services which will best promote the welfare of such children and their families, and “(B) provides, with respect to day care services (including the provision of such care) provided under this title— “(i) for cooperative arrangements with the State health authority and the State agency primarily responsible for State supervision of public schools to assure maximum utilization of such agencies in the provision of necessary health services and education for children receiving day care, “(ii) for an advisory committee, to advise the State public welfare agency on the general policy involved in the provision of day care services under the plan, which shall include among its members representatives of other State agencies concerned with day care or services related thereto and persons representative of professional or civic or other public or nonprofit private agencies, organizations, or groups concerned with the provision of day care, “(iii) for such safeguards as may be necessary to assure provision of day care under the plan only in cases in which it is in the best interest of the child and the mother and only in cases in which it is determined, under criteria established by the State, that a need for such care exists; and, in cases in which the family is able to pay part or all of the costs of such care, for payment of such fees as may be reasonable in the light of such ability, “(iv) for giving priority, in determining the existence of need for such day care, to members of low-income or other groups in the population, and to geographical areas, which have the greatest relative need for extension of such day care, and “(v) that day care provided under the plan will be provided only in facilities (including private homes) which are licensed by the State, or approved (as meeting the standards established for such licensing) by the State agency responsible for licensing facilities of this type, and “(vi) for the development and implementation of arrangements for the more effective involvement of the parent or parents in the appropriate care of the child and the improvement of the health and development of the child, and “(2) that makes a satisfactory showing that the State, is extending the provision of child-welfare services in the State, with priority being given to communities with the greatest need for such services after giving consideration to their relative financial need, and with a view to making available by July 1, 1975, in all political subdivisions of the State, for all children in need thereof, child-welfare services provided by the staff (which shall to the extent feasible be composed of trained child-welfare personnel) of the State public welfare agency or of the local agency participating in the administration of the plan in the political subdivision, except that (effective July 1, 1969, or, if earlier, on the date as of which the modification of the State plan to comply with this requirement with respect to subprofessional staff is approved) such plan shall provide for the training and effective use of paid subprofessional staff with particular emphasis on the full-time or part-time employment of persons of low income, as community service aides, in the administration of the plan and for the use of nonpaid or partially paid volunteers in providing services and in assisting any advisory committees established by the State agency, an amount equal to the Federal share (as determined under section 423) of the total sum expended under such plan (including the cost of administration of the plan) in meeting the costs of State, district, county, or other local child-welfare services, in developing State services for the encouragement and assistance of adequate methods of community child-welfare organization, in paying the costs of returning any runaway child who has not attained the age of eighteen to his own community in another State, and of maintaining such child until such return (for a period not exceeding fifteen days), in cases in which such costs cannot be met by the parents of such child or by any person, agency, or institution legally responsible for the support of such child. In developing such services for children, the facilities and experience of voluntary agencies shall be utilized in accordance with child-care programs and arrangements in the State and local communities as may be authorized by the State. “(b) The method of computing and paying such amounts shall be as follows: “(1) The Secretary shall, prior to the beginning of each period for which a payment is to be made, estimate the amount to be paid to the State tor such period under the provisions of subsection (a). “(2) From the allotment available therefor, the Secretary shall pay the amount so estimated, reduced or increased, as the case may be, by any sum (not previously adjusted under this section) by which he finds that his estimate of the amount to be paid the State for any prior period under this section was greater or less than the amount which should have been paid to the State for such prior period under this section. “Sec. 423. “allotment percentage and federal share (a) The ‘allotment percentage’ for any State shall be 100 per centum less the State percentage; and the State percentage shall be that percentage which bears the same ratio to 50 per centum as the per capita income of such State bears to the per capita income of the United States; except that (1) the allotment percentage shall in no case be less than 30 per centum or more than 70 per centum, and (2) the allotment percentage shall be 70 per centum in the case of Puerto Rico, the Virgin Islands, and Guam. “(b) The ‘Federal share’ for any State for any fiscal year shall be 100 per centum less that percentage which bears the same ratio to 50 per centum as the per capita income of such State bears to the per capita income of the United States, except that (1) in no ease shall the Federal share be less than 33⅓ per centum or more than 66% per centum, and (2) the Federal share shall be 662/3 per centum in the case of Puerto Rico, the Virgin Islands, and Guam. “(c) The Federal share and the allotment percentage for each State shall be promulgated by the Secretary between July 1 and August 31 of each even-numbered year, on the basis of the average per capita income of each State and of the United States for the three most recent calendar years for which satisfactory data are available from the Department of Commerce. Such promulgation shall be conclusive for each of the two fiscal years in the period beginning July 1 next succeeding such promulgation: Provided, That the Federal shares and allotment percentages promulgated under section 524(c) of the Social 42 USC 724. Security Act in 1966 shall be effective for purposes of this section for the fiscal years ending June 30, 1968, and June 30, 1969. “(d) For purposes of this section, the term ‘United States’ means the fifty States and the District of Columbia. “Sec. 424. “reallotment The amount of any allotment to a State under section 421 for any fiscal year which the State certifies to the Secretary will not be required for carrying out the State plan developed as provided in such section shall be available for reallotment from time to time, on such dates as the Secretary may fix, to other States which the Secretary determines (1) have need in carrying out their State plans so developed for sums in excess of those previously allotted to them under that section and (2) will be able to use such excess amounts during such fiscal year. Such reallotments shall be made on the basis of the State plans so developed, after taking into consideration the population under the age of twenty-one, and the per capita income of each such State as compared with the population under the age of twenty-one, and the per capita income of all such States with respect to which such a determination by the Secretary has been made. Any amount so reallotted to a State shall be deemed part of its allotment under section 421. “Sec. 425. “definition For purposes of this title, the term ‘child-welfare services’ means public social services which supplement, or substitute for, parental care and supervision for the purpose of (1) preventing or remedying, or assisting in the solution of problems which may result in, the neglect, abuse, exploitation, or delinquency of children, (2) protecting and caring for homeless, dependent, or neglected children, (3) protecting and promoting the welfare of children of working mothers, and (4) otherwise protecting and promoting the welfare of children, including the strengthening of their own homes where possible or, where needed, the provision of adequate care of children away from their homes in foster family homes or day-care or other child-care facilities. “Sec. 426. “research, training, or demonstration projects (a) There are hereby authorized to be appropriated for each fiscal year such sums as the Congress may determine— “(1) for grants by the Secretary— “(A) to public or other nonprofit institutions of higher learning, and to public or other nonprofit agencies and organizations engaged in research or child-welfare activities, for special research or demonstration projects in the field of child welfare which are of regional or national significance and for special projects for the demonstration of new methods or facilities which show promise of substantial contribution to the advancement of child welfare; “(B) to State or local public agencies responsible for administering, or supervising the administration of, the plan under this part, for projects for the demonstration of the utilization of research (including findings resulting therefrom) in the field of child welfare in order to encourage experimental and special types of welfare services; and “(C) to public or other nonprofit institutions of higher learning for special projects for training personnel for work in the field of child welfare, including traineeships with such stipends and allowances as may be permitted by the Secretary; and “(2) for contracts or jointly financed cooperative arrangements with States and public and other organizations and agencies for the conduct of research, special projects, or demonstration projects relating to such matters. “(b) Payments of grants or under contracts or cooperative arrangements under this section may be made in advance or by way of reimbursement, and in such installments, as the Secretary may determine; and shall be made on such conditions as the Secretary finds necessary to carry out the purposes of the grants, contracts, or other arrangements.”

  2. Social Security Amendments of 1967

    Pub. L. 90–248 § 240(d) · 81 Stat. 821

    1. Added · 42 U.S.C. § 622(a)(1)

      Pub. L. 90–248, § 240(d), added subpar. (A)

    2. Redesignated · 42 U.S.C. § 622(a)(1)

      Pub. L. 90–248, § 240(d), redesignated former subpars. (A) and (B) as (B) and (C), respectively

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 90–248, § 240(d), added subpar. (A) and redesignated former subpars. (A) and (B) as (B) and (C), respectively.

    Enacted provision · exact public law section
    (d) (1) Subparagraphs (A) and (B) of section 422(a)(1) of the Social Security Act (as added by subsection (c) of this section) are Ante, p. 912. redesignated as (B) and (C). (2) So much of paragraph (1) of section 422(a) of such Act (as added by subsection (c) of this section) as precedes subparagraph (B)(as redesignated) is amended to rend as follows: “(1) that has a plan for child-welfare services which has been developed as provided in this part and which— “(A) provides that (i) the State agency designated pursuant to section 402(a)(3) to administer or supervise the 42 USC 602. administration of the plan of the State approved under part A of this title will administer or supervise the administration 42 USC 601–609. Ante, p. 911. of such plan for child-welfare services and (ii) to the extent that child-welfare services are furnished by the staff of the State agency or local agency administering such plan for child-welfare services, the organizational unit in such State or local agency established pursuant to section 402(a)(15) Ante, p. 878. will be responsible for furnishing such child-welfare services,”.

  3. Social Services Amendments of 1974

    Pub. L. 93–647 § 3(a)(6) · 88 Stat. 2337

    Substituted · 42 U.S.C. § 622(a)(1)(A)(i)

    Pub. L. 93–647, § 3(a)(6), substituted “the individual or agency designated pursuant to section 1397b(d)(1)(C) of this title to administer or supervise the administration of the State’s services program” for “the State agency designated pursuant to section 602(a)(3) of this title to administer or supervise the administration of the plan of the State approved under part A of this subchapter”

    Source evidence

    Code amendment note
    Subsec. (a)(1)(A)(i). Pub. L. 93–647, § 3(a)(6), substituted “the individual or agency designated pursuant to section 1397b(d)(1)(C) of this title to administer or supervise the administration of the State’s services program” for “the State agency designated pursuant to section 602(a)(3) of this title to administer or supervise the administration of the plan of the State approved under part A of this subchapter”.

    Enacted provision · exact public law section
    42 USC 622.(6) Section 422(a) (1) (A) (i) of that Act is amended by striking out “the State agency designated pursuant to section 402(a) (3) to administer or supervise the administration of the plan of the State approved under part A of this title” and inserting “the individual or Ante, p. 2343. agency designated pursuant to section 2003(d)(1)(C) to administer or supervise the administration of the State’s services program” in lieu thereof.

  4. Social Services Amendments of 1974

    Pub. L. 93–647 § 3(a)(7) · 88 Stat. 2337

    Substituted · 42 U.S.C. § 622(a)(i)(A)(ii)

    Pub. L. 93–647, § 3(a)(7), substituted “a single organizational unit in such State or local agency, as the case may be,” for “the organizational unit in such State or local agency established pursuant to section 602(a)(15) of this title”

    Source evidence

    Code amendment note
    Subsec. (a)(i)(A)(ii). Pub. L. 93–647, § 3(a)(7), substituted “a single organizational unit in such State or local agency, as the case may be,” for “the organizational unit in such State or local agency established pursuant to section 602(a)(15) of this title”.

    Enacted provision · exact public law section
    (7) Section 422(a) (1) (A) (ii) of that Act is amended by striking out “the organizational unit in such State or local agency established pursuant to section 402(a) (15)” and inserting “a single organiza-tional unit in such State or local agency, as the case may be,” in lieu thereof.

  5. Social Services Amendments of 1974

    Pub. L. 93–647 § 3(h) · 88 Stat. 2337

    Added · 42 U.S.C. § 622(c)

    Pub. L. 93–647, § 3(h), added subsec. (c)

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 93–647, § 3(h), added subsec. (c).

    Enacted provision · exact public law section
    (h) Section 422 of the Social Security Act is amended by inserting 42 USC 622. at the end thereof the following new subsection: “(c) If on December 1, 1974, the agency of a State administering its plan under this part was not the agency designated pursuant to section 402(a) (3), subsection (a) (1) (A) of this section shall not apply with respect to such agency but only so long as such agency is not the agency designated under section 2003(d)(1)(C). and if on December 1, 1974, the local agency administering the plan of a State under this part in a subdivision of the State is not the local agency in such subdivision administering the plan of such State under part A of this title, subsection (a)(1) (A) of this section shall not apply with respect to such local agency but. only so long as such local agency is not the local agency administering the program of the State for the provision of services under title XX.”

  6. Adoption Assistance and Child Welfare Act of 1980

    Pub. L. 96–272 title I § 103(a) · 94 Stat. 500

    Substituted · 42 U.S.C. § 622

    Pub. L. 96–272 substituted provisions relating to State plans covering child welfare services for provisions relating to the payments to States and the computation of amounts

    Source evidence

    Code amendment note
    Pub. L. 96–272 substituted provisions relating to State plans covering child welfare services for provisions relating to the payments to States and the computation of amounts.

    Enacted provision · exact public law section
    (a) Part B of title IV of the Social Security Act is amended (subject to subsection (c) of this section) by striking out all that precedes section 426 and inserting in lieu thereof the following: “Part B— Child Welfare Services “Sec. 420. “appropriation (a) For the purpose of enabling the United States, through the Secretary, to cooperate with State public welfare agencies in establishing, extending, and strengthening child welfare services, there is authorized to be appropriated for each fiscal year the sum of $266,000,000. “(b) Funds appropriated for any fiscal year pursuant to the authorization contained in subsection (a) shall be included in the appropriation Act (or supplemental appropriation Act) for the fiscal year preceding the fiscal year for which such funds are available for obligation. In order to effect a transition to this method of timing appropriation action, the preceding sentence, shall apply notwithstanding the fact that its initial application will result in the enactment in the same year (whether in the same appropriation Act or otherwise) of two separate appropriations, one for the then current fiscal year and one for the succeeding fiscal year. “Sec. 421. “allotments to states (a) The sum appropriated pursuant to section 420 for each fiscal year shall be allotted by the Secretary for use by cooperating State public welfare agencies which have plans developed jointly by the State agency and the Secretary as follows: He shall first allot $70,000 to each State, and shall then allot to each State an amount which bears the same ratio to the remainder of such sum as the product of (1) the population of the State under the age of twenty-one and (2) the allotment percentage of the State (as determined under this section) bears to the sum of the corresponding products of all the States. “(b) The ‘allotment percentage’ for any State shall be 100 per centum less the State percentage; and the State percentage shall be the percentage which bears the same ratio to 50 per centum as the per capita income of such State bears to the per capita income of the United States; except that (1) the allotment percentage shall in no case be less than 30 per centum or more than 70 per centum, and (2) the allotment percentage shall be 70 per centum in the case of Puerto Rico, the Virgin Islands, and Guam. “(c) The allotment percentage for each State shall be promulgated by the Secretary between October 1 and November 30 of each even-numbered year, on the basis of the average per capita income of each State and of the United States for the three most recent calendar years for which satisfactory data are available from the Department of Commerce. Such promulgation shall be conclusive for each of the two fiscal years in the period beginning October 1 next succeeding such promulgation. “United States.” “(d) For purposes of this section, the term ‘United States’ means the fifty States and the District of Columbia. “Sec. 422. “state plans for child welfare services (a) In order to be eligible for payment under this part, a 42 USC 622. Post, p. 521. State must have a plan for child welfare services which has been developed jointly by the Secretary and the State agency designated pursuant to subsection (b)(1), and which meets the requirements of subsection (b). “(b) Each plan for child welfare services under this part shall— “(1) provide that (A) the individual or agency designated pursuant to section 2003(d)(1)(C) to administer or supervise the 42 USC 1397b. administration of the State’s services program will administer or supervise the administration of the plan (except as otherwise provided in section 103(d) of the Adoption Assistance and Child Welfare Act of 1980), and (B) to the extent that child welfare Ante, p. 516. services are furnished by the staff of the State agency or local agency administering the plan, a single organizational unit in such State or local agency, as the case may be, will be responsible for furnishing such child welfare services; “(2) provide for coordination between the services provided for children under the plan and the services and assistance provided under title XX, under the State plan approved under part A of 42 USC 1397. 42 USC 601. Ante, p. 501. this title, under the State plan approved under part E of this title, and under other State programs having a relationship to the program under this part, with a view to provision of welfare and related services which will best promote the welfare of such children and their families; “(3) provide that the standards and requirements imposed with respect to child day care under title XX shall apply with respect to day care services under this part, except insofar as eligibility for such services is involved; “(4) provide for the training and effective use of paid paraprofessional Paraprofessionals and volunteers. staff, with particular emphasis on the full-time or part-time employment of persons of low income, as community service aides, in the administration of the plan, and for the use of nonpaid or partially paid volunteers in providing services and in assisting any advisory committees established by the State agency; “(5) contain a description of the services to be provided and specify the geographic areas where such services will be available; “(6) contain a description of the steps which the State will take to provide child welfare services and to make progress in— “(A) covering additional political subdivisions, “(B) reaching additional children in need of services, and “(C) expanding and strengthening the range of existing services and developing new types of services, along with a description of the State’s child welfare services staff development and training plans; “(7) provide, in the development of services for children, for Voluntary agencies, utilization. utilization of the facilities and experience of voluntary agencies in accordance with State and local programs and arrangements, as authorized by the State; and “(8) provide that the agency administering or supervising the administration of the plan will furnish such reports, containing such information, and participate in such evaluations, as the Secretary may require. “Sec. 423. “payment to states (a) From the sums appropriated therefor and the allotment under this part, subject to the conditions set forth in this section and in section 427, the Secretary shall from time to time pay to each State that has a plan developed in accordance with section 422 an amount equal to 75 per centum of the total sum expended under the plan (including the cost of administration of the plan) in meeting the costs of State, district, county, or other local child welfare services. “(b) The method of computing and making payments under this section shall be as follows: “(1) The Secretary shall, prior to the beginning of each period for which a payment is to be made, estimate the amount to be paid to the State for such period under the provisions of this section. “(2) From the allotment available therefor, the Secretary shall pay the amount so estimated, reduced or increased, as the case may be, by any sum (not previously adjusted under this section) by which he finds that his estimate of the amount to be paid the State for any prior period under this section was greater or less than the amount which should have been paid to the State for such prior period under this section. “(c) (1) No payment may be made to a State under this part, for any fiscal year beginning after September 30, 1979, with respect to State expenditures made for (A) child day care necessary solely because of the employment, or training to prepare for employment, of a parent or other relative with whom the child involved is living, (B) foster care maintenance payments, and (C) adoption assistance payments, to the extent that the Federal payment with respect to those expenditures would exceed the total amount of the Federal payment under this part for fiscal year 1979. “(2) Expenditures made by a State for any fiscal year which begins after September 30, 1979, for foster care maintenance payments shall be treated for purposes of making Federal payments under this part with respect to expenditures for child welfare services, as if such foster care maintenance payments constituted child welfare services of a type to which the limitation imposed by paragraph (1) does not apply; except that the amount payable to the State with respect to expenditures made for other child welfare services and for foster care maintenance payments during any such year shall not exceed 100 per centum of the amount of the expenditures made for child welfare services for which payment may be made under the limitation imposed by paragraph (1) as in effect without regard to this paragraph. “(d) No payment may be made to a State under this part in excess of the payment made under this part for fiscal year 1979, for any fiscal year beginning after September 30, 1979, if for the latter fiscal year the total of the State’s expenditures for child welfare services under this part (excluding expenditures for activities specified in subsection (c)(1)) is less than the total of the State’s expenditures under this part (excluding expenditures for such activities) for fiscal year 1979. “Sec. 424. “reallotment The amount of any allotment to a State under section 42 USC 624. 421 for any fiscal year which the State certifies to the Secretary will not be required for carrying out the State plan developed as provided in section 422 shall be available for reallotment from time to time, on such dates as the Secretary may fix, to other States which the Secretary determines (1) have need in carrying out their State plans so developed for sums in excess of those previously allotted to them under section 421 and (2) will be able to use such excess amounts during such fiscal year. Such reallotments shall be made on the basis of the State plans so developed, after taking into consideration the population under the age of twenty-one, and the per capita income of each such State as compared with the population under the age of twenty-one, and the per capita income of all such States with respect to which such a determination by the Secretary has been made. Any amount so reallotted to a State snail be deemed part of its allotment under section 421. “Sec. 425. “definitions (a) (1) For purposes of this title, the term ‘child welfare 42 USC 625. services’ means public social services which are directed toward the accomplishment of the following purposes: (A) protecting and promoting the welfare of all children, including handicapped, homeless, dependent, or neglected children; (B) preventing or remedying, or assisting in the solution of problems which may result in, the neglect, abuse, exploitation, or delinquency of children; (C) preventing the unnecessary separation of children from their families by identifying family problems, assisting families in resolving their problems, and preventing breakup of the family where the prevention of child removal is desirable and possible; (D) restoring to their families children who have been removed, by the provision of services to the child and the families; (E) placing children in suitable adoptive homes, in cases where restoration to the biological family is not possible or appropriate; and (F) assuring adequate care of children away from their homes, in cases where the child cannot be returned home or cannot be placed for adoption. “(2) Funds expended by a State for any calendar quarter to comply with the statistical report required by section 476(b), and funds expended with respect to nonrecurring costs of adoption proceedings in the case of children placed for adoption with respect to whom assistance is provided under a State plan for adoption assistance approved under part E of this title, shall be deemed to have been Ante, p. 501. expended for child welfare services. “(b) For other definitions relating to this part and to part E of this title, see section 475 of this Act.”. Ante, p. 510.

  7. Miscellaneous and Technical Social Security Act Amendments of 1989

    Pub. L. 101–239 title X § 10403(b)(1) · 103 Stat. 2106

    Substituted · 42 U.S.C. § 622(b)(1)(A)

    Pub. L. 101–239 substituted “the individual or agency that administers or supervises the administration of the State’s services program under subchapter XX” for “the individual or agency designated pursuant to section 1397b(d)(1)(C) of this title to administer or supervise the administration of the State’s services program”

    Source evidence

    Code amendment note
    Subsec. (b)(1)(A). Pub. L. 101–239 substituted “the individual or agency that administers or supervises the administration of the State’s services program under subchapter XX” for “the individual or agency designated pursuant to section 1397b(d)(1)(C) of this title to administer or supervise the administration of the State’s services program”.

    Enacted provision · exact public law section
    (1) Correction.— Section 422(b)(1)(A) of the Social Security Act (42 U.S.C. 622(b)(1)(A)) is amended by striking “the individual or agency designated pursuant to section 2003(d)(1)(C) to administer or supervise the administration of the State’s services program” and inserting “the individual or agency that administers or supervises the administration of the State’s services program under title XX”.

  8. Omnibus Budget Reconciliation Act of 1993

    Pub. L. 103–66 § 13711(b)(1)(A) · 107 Stat. 312

    Substituted · 42 U.S.C. § 622(a)

    Pub. L. 103–66, § 13711(b)(1)(A), substituted “under this subpart” for “under this part”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 103–66, § 13711(b)(1)(A), substituted “under this subpart” for “under this part”.

    Enacted provision · exact public law section
    (A) in subsection (a), by striking “this part” and inserting “this subpart”;

  9. Omnibus Budget Reconciliation Act of 1993

    Pub. L. 103–66 § 13711(b)(1)(B) · 107 Stat. 312

    Substituted · 42 U.S.C. § 622(b)

    Pub. L. 103–66, § 13711(b)(1)(B), substituted “this subpart” for “this part” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 103–66, § 13711(b)(1)(B), substituted “this subpart” for “this part” in introductory provisions.

    Enacted provision · exact public law section
    (B) in subsection (b), by striking “this part” each place such term appears and inserting “this subpart”; and

  10. Omnibus Budget Reconciliation Act of 1993

    Pub. L. 103–66 § 13711(b)(1)(B) · 107 Stat. 312

    1. Inserted · 42 U.S.C. § 622(b)(2)

      Pub. L. 103–66, § 13711(b)(1)(B), (C), inserted “under the State plan approved under subpart 2 of this part,” after “part A of this subchapter,”

    2. Substituted · 42 U.S.C. § 622(b)(2)

      Pub. L. 103–66, § 13711(b)(1)(B), (C), substituted “under this subpart” for “under this part”

    Source evidence

    Code amendment note
    Subsec. (b)(2). Pub. L. 103–66, § 13711(b)(1)(B), (C), inserted “under the State plan approved under subpart 2 of this part,” after “part A of this subchapter,” and substituted “under this subpart” for “under this part”.

    Enacted provision · exact public law section
    (B) in subsection (b), by striking “this part” each place such term appears and inserting “this subpart”; and

  11. Omnibus Budget Reconciliation Act of 1993

    Pub. L. 103–66 § 13711(b)(1)(B) · 107 Stat. 312

    Substituted · 42 U.S.C. § 622(b)(3)

    Pub. L. 103–66, § 13711(b)(1)(B), substituted “under this subpart” for “under this part”

    Source evidence

    Code amendment note
    Subsec. (b)(3). Pub. L. 103–66, § 13711(b)(1)(B), substituted “under this subpart” for “under this part”.

    Enacted provision · exact public law section
    (B) in subsection (b), by striking “this part” each place such term appears and inserting “this subpart”; and

  12. Howard M. Metzenbaum Multiethnic Placement Act of 1994

    Pub. L. 103–382 § 554(1) · 108 Stat. 3518

    Struck · 42 U.S.C. § 622(b)(7)

    Pub. L. 103–382, § 554(1), struck out “and” at end

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 103–382, § 554(1), struck out “and” at end.

    Enacted provision · exact public law section
    (1) by striking “and” at the end of paragraph (7);

  13. Howard M. Metzenbaum Multiethnic Placement Act of 1994

    Pub. L. 103–382 § 554(2) · 108 Stat. 3518

    Substituted · 42 U.S.C. § 622(b)(8)

    Pub. L. 103–382, § 554(2), substituted “; and” for period at end

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 103–382, § 554(2), substituted “; and” for period at end.

    Enacted provision · exact public law section
    (2) by striking the period at the end of paragraph (8) and inserting “; and”; and

  14. Howard M. Metzenbaum Multiethnic Placement Act of 1994

    Pub. L. 103–382 § 554(3) · 108 Stat. 3518

    Added · 42 U.S.C. § 622(b)(9)

    Pub. L. 103–382, § 554(3), added par. (9) relating to diligent recruitment of potential foster and adoptive families

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 103–382, § 554(3), added par. (9) relating to diligent recruitment of potential foster and adoptive families.

    Enacted provision · exact public law section
    (3) by adding at the end the following: “(9) provide for the diligent recruitment of potential foster and adoptive families that reflect the ethnic and racial diversity of children in the State for whom foster and adoptive homes are needed.”.

  15. Social Security Act Amendments of 1994

    Pub. L. 103–432 § 202(a)(1) · 108 Stat. 4398

    Struck · 42 U.S.C. § 622(b)(7)

    Pub. L. 103–432, § 202(a)(1), which directed amendment of par. (7) by striking out “and” at end, could not be executed because “and” did not appear at end subsequent to amendment by Pub. L. 103–382, § 554(1). See below

    Source evidence

    Code amendment note
    Subsec. (b)(7). Pub. L. 103–432, § 202(a)(1), which directed amendment of par. (7) by striking out “and” at end, could not be executed because “and” did not appear at end subsequent to amendment by Pub. L. 103–382, § 554(1). See below.

    Enacted provision · exact public law section
    (1) by striking “and” at the end of paragraph (7);

  16. Social Security Act Amendments of 1994

    Pub. L. 103–432 § 204(a)(1) · 108 Stat. 4398

    Struck · 42 U.S.C. § 622(b)(8)

    Pub. L. 103–432, § 204(a)(1), struck out “and” at end

    Source evidence

    Code amendment note
    Subsec. (b)(8). Pub. L. 103–432, § 204(a)(1), struck out “and” at end.

    Enacted provision · exact public law section
    (1) by striking “and” at the end of paragraph (8);

  17. Social Security Act Amendments of 1994

    Pub. L. 103–432 § 202(a)(2) · 108 Stat. 4398

    Substituted · 42 U.S.C. § 622(b)(8)

    Pub. L. 103–432, § 202(a)(2), which directed amendment of par. (8) by substituting “; and” for period at end, could not be executed because there was no period at end subsequent to amendment by Pub. L. 103–382, § 554(2). See below

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 103–432, § 202(a)(2), which directed amendment of par. (8) by substituting “; and” for period at end, could not be executed because there was no period at end subsequent to amendment by Pub. L. 103–382, § 554(2). See below.

    Enacted provision · exact public law section
    (2) by striking the period at the end of paragraph (8) and inserting and”; and

  18. Social Security Act Amendments of 1994

    Pub. L. 103–432 § 204(a)(2) · 108 Stat. 4398

    1. Amended · 42 U.S.C. § 622(b)(9)

      Pub. L. 103–432, § 204(a)(2), as amended by Pub. L. 105–33, § 5592(a)(2)

    2. Substituted · 42 U.S.C. § 622(b)(9)

      Pub. L. 103–432, § 204(a)(2), as substituted “; and” for period at end of par. (9) relating to providing assurances that the State has met certain requirements to protect foster children

    Source evidence

    Code amendment note
    Subsec. (b)(9). Pub. L. 103–432, § 204(a)(2), as amended by Pub. L. 105–33, § 5592(a)(2), substituted “; and” for period at end of par. (9) relating to providing assurances that the State has met certain requirements to protect foster children.

    Enacted provision · exact public law section
    (2) by striking the period at the end of paragraph (9) and inserting ”; and”; and

  19. Social Security Act Amendments of 1994

    Pub. L. 103–432 § 202(a)(3) · 108 Stat. 4398

    Added · 42 U.S.C. § 622(b)(9)

    Pub. L. 103–432, § 202(a)(3), added par. (9) relating to providing assurances that the State has met certain requirements to protect foster children

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 103–432, § 202(a)(3), added par. (9) relating to providing assurances that the State has met certain requirements to protect foster children.

    Enacted provision · exact public law section
    (3) by adding at the end the following: “(9) provide assurances that the State— “(A) since June 17, 1980, has completed an inventory of all children who, before the inventory, had been in foster care under the responsibility of the State for 6 months or more, which determined— “(i) the appropriateness of, and necessity for, the foster care placement; “(ii) whether the child could or should be returned to the parents of the child or should be freed for adoption or other permanent placement; and “(iii) the services necessary to facilitate the return of the child or the placement of the child for adoption or legal guardianship; “(B) is operating, to the satisfaction of the Secretary— “(i) a statewide information system from which can be readily determined the status, demographic characteristics, location, and goals for the placement of every child who is (or, within the immediately preceding 12 months, has been) in foster care; “(ii) a case review system (as defined in section 475(5)) for each child receiving foster care under the supervision of the State; “(iii) a service program designed to help children— “(I) where appropriate, return to families from which they have been removed; or “(II) be placed for adoption, with a legal guardian, or, if adoption or legal guardianship is determined not to be appropriate for a child, in some other planned, permanent living arrangement; and “(iv) a preplacement preventive services program designed to help children at risk of foster care placement remain with their families; and “(C) (i) has reviewed (or within 12 months after the date of the enactment of this paragraph will review) State policies and administrative and judicial procedures in effect for children abandoned at or shortly after birth (including policies and procedures providing for legal representation of such children); and “(ii) is implementing (or within 24 months after the date of the enactment of this paragraph will implement) such policies and procedures as the State determines, on the basis of the review described in clause (i), to be necessary to enable permanent decisions to be made expeditiously with respect to the placement of such children.”.

  20. Social Security Act Amendments of 1994

    Pub. L. 103–432 § 204(a)(3) · 108 Stat. 4398

    Added · 42 U.S.C. § 622(b)(10)

    Pub. L. 103–432, § 204(a)(3), added par. (10)

    Source evidence

    Code amendment note
    Subsec. (b)(10). Pub. L. 103–432, § 204(a)(3), added par. (10).

    Enacted provision · exact public law section
    (3) by adding at the end the following: “(10) contain a description, developed after consultation with tribal organizations (as defined in section 4 of the Indian Self-Determination and Education Assistance Act) in the State, of the specific measures taken by the State to comply with the Indian Child Welfare Act”.

  21. Personal Responsibility and Work Opportunity Reconciliation Act of 1996

    Pub. L. 104–193 title I § 108(b) · 110 Stat. 2105

    1. Substituted · 42 U.S.C. § 622(b)(2)

      Pub. L. 104–193 substituted “program funded under part A” for “plan approved under part A of this subchapter”

    2. Substituted · 42 U.S.C. § 622(b)(2)

      Pub. L. 104–193 substituted “under the State plan approved under part E” for “part E of this subchapter”

    Source evidence

    Code amendment note
    Subsec. (b)(2). Pub. L. 104–193 substituted “program funded under part A” for “plan approved under part A of this subchapter” and “under the State plan approved under part E” for “part E of this subchapter”.

    Enacted provision · exact public law section
    (b) Amendments to Part B of Title IV.— Section 422(b)(2) (42 U.S.C. 622(b)(2)) is amended— (1) by striking “plan approved under part A of this title” and inserting “program funded under part A”; and (2) by striking “part E of this title” and inserting “under the State plan approved under part E”.

  22. Balanced Budget Act of 1997

    Pub. L. 105–33 § 5592(a)(2) · 111 Stat. 251

    Changed · 42 U.S.C. § 622(b)(9)

    Pub. L. 105–33, § 5592(a)(2), made technical amendment to directory language of Pub. L. 103–432, § 204(a)(2). See 1994 Amendment note below

    Source evidence

    Code amendment note
    Subsec. (b)(9). Pub. L. 105–33, § 5592(a)(2), made technical amendment to directory language of Pub. L. 103–432, § 204(a)(2). See 1994 Amendment note below.

    Enacted provision · exact public law section
    (2) Clarification of conflicting amendments.— Section 204(a)(2) of the Social Security Act Amendments of 1994 (Public 42 USC 622. Law 103–432; 108 Stat. 4456) is amended by inserting “(as added by such section 202(a))” before “and inserting”.

  23. Balanced Budget Act of 1997

    Pub. L. 105–33 § 5592(a)(1)(A)(iii) · 111 Stat. 251

    Redesignated · 42 U.S.C. § 622(b)(9)

    Pub. L. 105–33, § 5592(a)(1)(A)(iii), redesignated par. (9), relating to providing assurances that the State has met certain requirements to protect foster children, as (10)

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 105–33, § 5592(a)(1)(A)(iii), redesignated par. (9), relating to providing assurances that the State has met certain requirements to protect foster children, as (10).

    Enacted provision · exact public law section
    (iii) by redesignating paragraph (9), as added by section 202(a)(3) of the Social Security Act Amendments of 1994 (Public Law 103–432, 108 Stat. 4453), as paragraph (10);

  24. Balanced Budget Act of 1997

    Pub. L. 105–33 § 5592(a)(1)(A)(i) · 111 Stat. 251

    Substituted · 42 U.S.C. § 622(b)(9)

    Pub. L. 105–33, § 5592(a)(1)(A)(i), amended par. (9) relating to diligent recruitment of potential foster and adoptive families by substituting a semicolon for period at end

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 105–33, § 5592(a)(1)(A)(i), amended par. (9) relating to diligent recruitment of potential foster and adoptive families by substituting a semicolon for period at end.

    Enacted provision · exact public law section
    (i) by striking the period at the end of the paragraph (9) (as added by section 554(3) of the Improving America’s Schools Act of 1994 (Public Law 103–382; 108 Stat. 4057)) and inserting a semicolon;

  25. Balanced Budget Act of 1997

    Pub. L. 105–33 § 5592(a)(1)(A)(iii) · 111 Stat. 251

    Redesignated · 42 U.S.C. § 622(b)(10)

    Pub. L. 105–33, § 5592(a)(1)(A)(iii), redesignated par. (9), relating to providing assurances that the State has met certain requirements to protect foster children, as (10). Former par. (10) redesignated (11)

    Source evidence

    Code amendment note
    Subsec. (b)(10). Pub. L. 105–33, § 5592(a)(1)(A)(iii), redesignated par. (9), relating to providing assurances that the State has met certain requirements to protect foster children, as (10). Former par. (10) redesignated (11).

    Enacted provision · exact public law section
    (iii) by redesignating paragraph (9), as added by section 202(a)(3) of the Social Security Act Amendments of 1994 (Public Law 103–432, 108 Stat. 4453), as paragraph (10);

  26. Balanced Budget Act of 1997

    Pub. L. 105–33 § 5592(a)(1)(A)(ii) · 111 Stat. 251

    Redesignated · 42 U.S.C. § 622(b)(11)

    Pub. L. 105–33, § 5592(a)(1)(A)(ii), redesignated par. (10) as (11)

    Source evidence

    Code amendment note
    Subsec. (b)(11). Pub. L. 105–33, § 5592(a)(1)(A)(ii), redesignated par. (10) as (11).

    Enacted provision · exact public law section
    (ii) by redesignating paragraph (10) as paragraph (11); and

  27. Adoption and Safe Families Act of 1997

    Pub. L. 105–89 § 102(1) · 111 Stat. 2115

    Inserted · 42 U.S.C. § 622(b)(10)(B)

    Pub. L. 105–89, § 102(1), in cl. (iii)(I) inserted “safe and” after “where” and in cl. (iv) inserted “safely” after “remain”

    Source evidence

    Code amendment note
    Subsec. (b)(10)(B). Pub. L. 105–89, § 102(1), in cl. (iii)(I) inserted “safe and” after “where” and in cl. (iv) inserted “safely” after “remain”.

    Enacted provision · exact public law section
    (1) in section 422(b)(10)(B)— 42 USC 622. (A) in clause (iii)(I), by inserting “safe and” after “where”; and (B) in clause (iv), by inserting “safely” after “remain”; and

  28. Adoption and Safe Families Act of 1997

    Pub. L. 105–89 § 202(a) · 111 Stat. 2115

    Added · 42 U.S.C. § 622(b)(12)

    Pub. L. 105–89, § 202(a), added par. (12)

    Source evidence

    Code amendment note
    Subsec. (b)(12). Pub. L. 105–89, § 202(a), added par. (12).

    Enacted provision · exact public law section
    (a) State Plan for Child Welfare Services Requirement.— Section 422(b) of the Social Security Act (42 U.S.C. 622(b)) is amended— (1) in paragraph (10), by striking “and” at the end; (2) in paragraph (11), by striking the period and inserting “; and”; and (3) by adding at the end the following: contain assurances that the State shall develop plans for the effective use of cross-jurisdictional resources to facilitate timely adoptive or permanent placements for waiting children.”,

  29. An Act to repeal the Medicare and Medicaid Coverage Data Bank

    Pub. L. 105–200 title IV § 410(b) · 112 Stat. 645

    Struck · 42 U.S.C. § 622(b)(2)

    Pub. L. 105–200 struck out “under” before “the State plan approved under part E”

    Source evidence

    Code amendment note
    Subsec. (b)(2). Pub. L. 105–200 struck out “under” before “the State plan approved under part E”.

    Enacted provision · exact public law section
    (b) Section 422(b)(2) of the Social Security Act (42 U.S.C.622(b)(2)) is amended by striking “under under” and inserting “under”.

  30. Pub. L. 106–279 title II § 205 · 114 Stat. 825

    Added · 42 U.S.C. § 622(b)(13); 42 U.S.C. § 622(b)(14)

    Pub. L. 106–279 added pars. (13) and (14)

    Source evidence

    Code amendment note
    Subsec. (b)(13), (14). Pub. L. 106–279 added pars. (13) and (14).

    Enacted provision · exact public law section
    SEC. 205. STATE PLAN REQUIREMENT. Section 422(b) of the Social Security Act (42 U.S.C. 622(b)) is amended— (1) in paragraph (11), by striking “and” at the end; (2) in paragraph (12), by striking “children.” and inserting “children;”; and (3) by adding at the end the following new paragraphs: “(13) contain a description of the activities that the State has undertaken for children adopted from other countries, including the provision of adoption and post-adoption services; and “(14) provide that the State shall collect and report information Records. on children who are adopted from other countries and who enter into State custody as a result of the disruption of a placement for adoption or the dissolution of an adoption, including the number of children, the agencies who handled the placement or adoption, the plans for the child, and the reasons for the disruption or dissolution.”.

  31. Deficit Reduction Act of 2005

    Pub. L. 109–171 title VII § 7401(b) · 120 Stat. 4

    Added · 42 U.S.C. § 622(b)(15)

    Pub. L. 109–171 added par. (15)

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 109–171 added par. (15).

    Enacted provision · exact public law section
    (b) Requirement To Demonstrate Meaningful Collaboration Between Courts and Agencies in Child Welfare Services Programs.— Section 422(b) (42 U.S.C. 622(b)) is amended— (1) by striking “and” at the end of paragraph (13); (2) by striking the period at the end of paragraph (14) and inserting “; and”; and (3) by adding at the end the following: “(15) demonstrate substantial, ongoing, and meaningful collaboration with State courts in the development and implementation of the State plan under subpart 1, the State plan approved under subpart 2, and the State plan approved under part E, and in the development and implementation of any program improvement plan required under section 1123A.” .

  32. Safe and Timely Interstate Placement of Foster Children Act of 2006

    Pub. L. 109–239 § 13 · 120 Stat. 508

    1. Substituted · 42 U.S.C. § 622(b)(12)

      Pub. L. 109–239 substituted “make” for “develop plans for the”

    2. Inserted · 42 U.S.C. § 622(b)(12)

      Pub. L. 109–239 inserted “(including through contracts for the purchase of services), and shall eliminate legal barriers,” after “resources”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 109–239 substituted “make” for “develop plans for the” and inserted “(including through contracts for the purchase of services), and shall eliminate legal barriers,” after “resources”.

    Enacted provision · exact public law section
    SEC. 13. USE OF INTERJURISDICTIONAL RESOURCES.   Section 422(b)(12) of the Social Security Act (42 U.S.C. 622(b)(12)) is amended— (1) by striking “develop plans for the” and inserting “make”; (2) by inserting “(including through contracts for the purchase of services)” after “resources”; and (3) by inserting “, and shall eliminate legal barriers,” before “to facilitate”.

  33. Child and Family Services Improvement Act of 2006

    Pub. L. 109–288 § 6(c)(1)(A) · 120 Stat. 1233

    1. Added · 42 U.S.C. § 622(b)(3)

      Pub. L. 109–288, § 6(c)(1)(A), added par. (3)

    2. Struck · 42 U.S.C. § 622(b)(3)

      Pub. L. 109–288, § 6(c)(1)(A), struck out former par. (3) which read as follows: “provide that the standards and requirements imposed with respect to child day care under subchapter XX of this chapter shall apply with respect to day care services under this subpart, except insofar as eligibility for such services is involved;”

    Source evidence

    Code amendment note
    Subsec. (b)(3). Pub. L. 109–288, § 6(c)(1)(A), added par. (3) and struck out former par. (3) which read as follows: “provide that the standards and requirements imposed with respect to child day care under subchapter XX of this chapter shall apply with respect to day care services under this subpart, except insofar as eligibility for such services is involved;”.

    Enacted provision · exact public law section
    (A) by striking paragraphs (3) through (5) and inserting the following: “(3) include a description of the services and activities which the State will fund under the State program carried out pursuant to this subpart, and how the services and activities will achieve the purpose of this subpart;” ;

  34. Child and Family Services Improvement Act of 2006

    Pub. L. 109–288 § 6(c)(1)(A) · 120 Stat. 1233

    1. Added · 42 U.S.C. § 622(b)(4)

      Pub. L. 109–288, § 6(c)(1)(A), (B), added par. (4)

    2. Struck · 42 U.S.C. § 622(b)(4)

      Pub. L. 109–288, § 6(c)(1)(A), (B), struck out former par. (4) which read as follows: “provide for the training and effective use of paid paraprofessional staff, with particular emphasis on the full-time or part-time employment of persons of low income, as community service aides, in the administration of the plan, and for the use of nonpaid or partially paid volunteers in providing services and in assisting any advisory committees established by the State agency;”

    Source evidence

    Code amendment note
    Subsec. (b)(4). Pub. L. 109–288, § 6(c)(1)(A), (B), added par. (4) and struck out former par. (4) which read as follows: “provide for the training and effective use of paid paraprofessional staff, with particular emphasis on the full-time or part-time employment of persons of low income, as community service aides, in the administration of the plan, and for the use of nonpaid or partially paid volunteers in providing services and in assisting any advisory committees established by the State agency;”.

    Enacted provision · exact public law section
    (A) by striking paragraphs (3) through (5) and inserting the following: “(3) include a description of the services and activities which the State will fund under the State program carried out pursuant to this subpart, and how the services and activities will achieve the purpose of this subpart;” ;

  35. Child and Family Services Improvement Act of 2006

    Pub. L. 109–288 § 6(c)(1)(A) · 120 Stat. 1233

    1. Redesignated · 42 U.S.C. § 622(b)(5)

      Pub. L. 109–288, § 6(c)(1)(A), (C), redesignated par. (7) as (5)

    2. Struck · 42 U.S.C. § 622(b)(5)

      Pub. L. 109–288, § 6(c)(1)(A), (C), struck out former par. (5) which read as follows: “contain a description of the services to be provided and specify the geographic areas where such services will be available;”

    Source evidence

    Code amendment note
    Subsec. (b)(5). Pub. L. 109–288, § 6(c)(1)(A), (C), redesignated par. (7) as (5) and struck out former par. (5) which read as follows: “contain a description of the services to be provided and specify the geographic areas where such services will be available;”.

    Enacted provision · exact public law section
    (A) by striking paragraphs (3) through (5) and inserting the following: “(3) include a description of the services and activities which the State will fund under the State program carried out pursuant to this subpart, and how the services and activities will achieve the purpose of this subpart;” ;

  36. Child and Family Services Improvement Act of 2006

    Pub. L. 109–288 § 6(c)(1)(B) · 120 Stat. 1233

    1. Redesignated · 42 U.S.C. § 622(b)(6)

      Pub. L. 109–288, § 6(c)(1)(B), (C), redesignated par. (8) as (6)

    2. Struck · 42 U.S.C. § 622(b)(6)

      Pub. L. 109–288, § 6(c)(1)(B), (C), struck out former par. (6) which read as follows: “contain a description of the steps which the State will take to provide child welfare services and to make progress in—

    Source evidence

    Code amendment note
    Subsec. (b)(6). Pub. L. 109–288, § 6(c)(1)(B), (C), redesignated par. (8) as (6) and struck out former par. (6) which read as follows: “contain a description of the steps which the State will take to provide child welfare services and to make progress in—

    “(A) covering additional political subdivisions, “(B) reaching additional children in need of services, and “(C) expanding and strengthening the range of existing services and developing new types of services, along with a description of the State’s child welfare services staff development and training plans;”.

    Enacted provision · exact public law section
    (B) by striking paragraph (6) and inserting after paragraph (3) (as added by subparagraph (A) of this paragraph) the following: “(4) contain a description of— “(A) the steps the State will take to provide child welfare services statewide and to expand and strengthen the range of existing services and develop and implement services to improve child outcomes; and “(B) the child welfare services staff development and training plans of the State;” ;

  37. Child and Family Services Improvement Act of 2006

    Pub. L. 109–288 § 6(c)(1)(C) · 120 Stat. 1233

    Redesignated · 42 U.S.C. § 622(b)(7)

    Pub. L. 109–288, § 6(c)(1)(C), redesignated par. (9) as (7). Former par. (7) redesignated (5)

    Source evidence

    Code amendment note
    Subsec. (b)(7). Pub. L. 109–288, § 6(c)(1)(C), redesignated par. (9) as (7). Former par. (7) redesignated (5).

    Enacted provision · exact public law section
    (C) by redesignating paragraphs (7) through (9) as paragraphs (5) through (7), respectively;

  38. Child and Family Services Improvement Act of 2006

    Pub. L. 109–288 § 6(c)(1)(G) · 120 Stat. 1233

    Redesignated · 42 U.S.C. § 622(b)(8); 42 U.S.C. § 622(b)(9)

    Pub. L. 109–288, § 6(c)(1)(G), redesignated pars. (10) and (11) as (8) and (9), respectively. Former pars. (8) and (9) redesignated (6) and (7), respectively

    Source evidence

    Code amendment note
    Subsec. (b)(8), (9). Pub. L. 109–288, § 6(c)(1)(G), redesignated pars. (10) and (11) as (8) and (9), respectively. Former pars. (8) and (9) redesignated (6) and (7), respectively.

    Enacted provision · exact public law section
    (G) by redesignating paragraphs (10) through (15) as paragraphs (8) through (13), respectively; and

  39. Child and Family Services Improvement Act of 2006

    Pub. L. 109–288 § 6(c)(1)(G) · 120 Stat. 1233

    Redesignated · 42 U.S.C. § 622(b)(10)

    Pub. L. 109–288, § 6(c)(1)(G), redesignated par. (12) as (10). Former par. (10) redesignated (8)

    Source evidence

    Code amendment note
    Subsec. (b)(10). Pub. L. 109–288, § 6(c)(1)(G), redesignated par. (12) as (10). Former par. (10) redesignated (8).

    Enacted provision · exact public law section
    (G) by redesignating paragraphs (10) through (15) as paragraphs (8) through (13), respectively; and

  40. Child and Family Services Improvement Act of 2006

    Pub. L. 109–288 § 6(c)(1)(D)(i) · 120 Stat. 1233

    1. Redesignated · 42 U.S.C. § 622(b)(10)(A)

      Pub. L. 109–288, § 6(c)(1)(D)(i), (iii), redesignated subpar. (B) as (A)

    2. Struck · 42 U.S.C. § 622(b)(10)(A)

      Pub. L. 109–288, § 6(c)(1)(D)(i), (iii), struck out former subpar. (A) which read as follows: “since June 17, 1980, has completed an inventory of all children who, before the inventory, had been in foster care under the responsibility of the State for 6 months or more, which determined—

    Source evidence

    Code amendment note
    Subsec. (b)(10)(A). Pub. L. 109–288, § 6(c)(1)(D)(i), (iii), redesignated subpar. (B) as (A) and struck out former subpar. (A) which read as follows: “since June 17, 1980, has completed an inventory of all children who, before the inventory, had been in foster care under the responsibility of the State for 6 months or more, which determined—

    “(i) the appropriateness of, and necessity for, the foster care placement; “(ii) whether the child could or should be returned to the parents of the child or should be freed for adoption or other permanent placement; and “(iii) the services necessary to facilitate the return of the child or the placement of the child for adoption or legal guardianship;”.

    Enacted provision · exact public law section
    (i) by striking subparagraph (A);

  41. Child and Family Services Improvement Act of 2006

    Pub. L. 109–288 § 6(c)(1)(D)(iv) · 120 Stat. 1233

    Redesignated · 42 U.S.C. § 622(b)(10)(B)

    Pub. L. 109–288, § 6(c)(1)(D)(iv), added subpar. (B). Former subpar. (B) redesignated (A)

    Source evidence

    Code amendment note
    Subsec. (b)(10)(B). Pub. L. 109–288, § 6(c)(1)(D)(iv), added subpar. (B). Former subpar. (B) redesignated (A).

    Enacted provision · exact public law section
    (iv) by striking subparagraph (C) and inserting after subparagraph (A) the following: “(B) has in effect policies and administrative and judicial procedures for children abandoned at or shortly after birth (including policies and procedures providing for legal representation of the children) which enable permanent decisions to be made expeditiously with respect to the placement of the children;” ;

  42. Child and Family Services Improvement Act of 2006

    Pub. L. 109–288 § 6(c)(1)(D)(ii) · 120 Stat. 1233

    Inserted · 42 U.S.C. § 622(b)(10)(B)(iii)(II)

    Pub. L. 109–288, § 6(c)(1)(D)(ii), inserted “, which may include a residential educational program” after “in some other planned, permanent living arrangement”

    Source evidence

    Code amendment note
    Subsec. (b)(10)(B)(iii)(II). Pub. L. 109–288, § 6(c)(1)(D)(ii), inserted “, which may include a residential educational program” after “in some other planned, permanent living arrangement”.

    Enacted provision · exact public law section
    (ii) in subparagraph (B)(iii)(II), by inserting “, which may include a residential educational program” after “in some other planned, permanent living arrangement”;

  43. Child and Family Services Improvement Act of 2006

    Pub. L. 109–288 § 6(c)(1)(D)(iv) · 120 Stat. 1233

    Struck · 42 U.S.C. § 622(b)(10)(C)

    Pub. L. 109–288, § 6(c)(1)(D)(iv), struck out subpar. (C) which read as follows:

    Source evidence

    Code amendment note
    Subsec. (b)(10)(C). Pub. L. 109–288, § 6(c)(1)(D)(iv), struck out subpar. (C) which read as follows:

    “(i) has reviewed (or within 12 months after October 31, 1994, will review) State policies and administrative and judicial procedures in effect for children abandoned at or shortly after birth (including policies and procedures providing for legal representation of such children); and “(ii) is implementing (or within 24 months after October 31, 1994, will implement) such policies and procedures as the State determines, on the basis of the review described in clause (i), to be necessary to enable permanent decisions to be made expeditiously with respect to the placement of such children;”.

    Enacted provision · exact public law section
    (iv) by striking subparagraph (C) and inserting after subparagraph (A) the following: “(B) has in effect policies and administrative and judicial procedures for children abandoned at or shortly after birth (including policies and procedures providing for legal representation of the children) which enable permanent decisions to be made expeditiously with respect to the placement of the children;” ;

  44. Child and Family Services Improvement Act of 2006

    Pub. L. 109–288 § 6(c)(1)(G) · 120 Stat. 1233

    Redesignated · 42 U.S.C. § 622(b)(11)

    Pub. L. 109–288, § 6(c)(1)(G), redesignated par. (13) as (11). Former par. (11) redesignated (9)

    Source evidence

    Code amendment note
    Subsec. (b)(11). Pub. L. 109–288, § 6(c)(1)(G), redesignated par. (13) as (11). Former par. (11) redesignated (9).

    Enacted provision · exact public law section
    (G) by redesignating paragraphs (10) through (15) as paragraphs (8) through (13), respectively; and

  45. Child and Family Services Improvement Act of 2006

    Pub. L. 109–288 § 6(c)(1)(G) · 120 Stat. 1233

    Redesignated · 42 U.S.C. § 622(b)(12)

    Pub. L. 109–288, § 6(c)(1)(G), redesignated par. (14) as (12). Former par. (12) redesignated (10)

    Source evidence

    Code amendment note
    Subsec. (b)(12). Pub. L. 109–288, § 6(c)(1)(G), redesignated par. (14) as (12). Former par. (12) redesignated (10).

    Enacted provision · exact public law section
    (G) by redesignating paragraphs (10) through (15) as paragraphs (8) through (13), respectively; and

  46. Child and Family Services Improvement Act of 2006

    Pub. L. 109–288 § 6(c)(1)(G) · 120 Stat. 1233

    Redesignated · 42 U.S.C. § 622(b)(13)

    Pub. L. 109–288, § 6(c)(1)(G), redesignated par. (15) as (13). Former par. (13) redesignated (11)

    Source evidence

    Code amendment note
    Subsec. (b)(13). Pub. L. 109–288, § 6(c)(1)(G), redesignated par. (15) as (13). Former par. (13) redesignated (11).

    Enacted provision · exact public law section
    (G) by redesignating paragraphs (10) through (15) as paragraphs (8) through (13), respectively; and

  47. Child and Family Services Improvement Act of 2006

    Pub. L. 109–288 § 6(c)(1)(E) · 120 Stat. 1233

    Redesignated · 42 U.S.C. § 622(b)(14)

    Pub. L. 109–288, § 6(c)(1)(E), (F), (H), added par. (14). Former par. (14) redesignated (12)

    Source evidence

    Code amendment note
    Subsec. (b)(14). Pub. L. 109–288, § 6(c)(1)(E), (F), (H), added par. (14). Former par. (14) redesignated (12).

    Enacted provision · exact public law section
    (E) in paragraph (14), by striking “and” at the end;

  48. Child and Family Services Improvement Act of 2006

    Pub. L. 109–288 § 6(c)(1)(E) · 120 Stat. 1233

    Redesignated · 42 U.S.C. § 622(b)(15)

    Pub. L. 109–288, § 6(c)(1)(E), (F), (H), added par. (15). Former par. (15) redesignated (13)

    Source evidence

    Code amendment note
    Subsec. (b)(15). Pub. L. 109–288, § 6(c)(1)(E), (F), (H), added par. (15). Former par. (15) redesignated (13).

    Enacted provision · exact public law section
    (E) in paragraph (14), by striking “and” at the end;

  49. Child and Family Services Improvement Act of 2006

    Pub. L. 109–288 § 6(c)(1)(E) · 120 Stat. 1233

    Added · 42 U.S.C. § 622(b)(16)

    Pub. L. 109–288, § 6(c)(1)(E), (F), (H), added par. (16)

    Source evidence

    Code amendment note
    Subsec. (b)(16). Pub. L. 109–288, § 6(c)(1)(E), (F), (H), added par. (16).

    Enacted provision · exact public law section
    (E) in paragraph (14), by striking “and” at the end;

  50. Child and Family Services Improvement Act of 2006

    Pub. L. 109–288 § 7(a) · 120 Stat. 1233

    Added · 42 U.S.C. § 622(b)(17)

    Pub. L. 109–288, § 7(a), added par. (17)

    Source evidence

    Code amendment note
    Subsec. (b)(17). Pub. L. 109–288, § 7(a), added par. (17).

    Enacted provision · exact public law section
    (a) State Plan Requirement.— Section 422(b) of the Social Security Act (42 U.S.C. 622(b)), as amended by section 6(c) of this Act, is amended— (1) by striking “and” at the end of paragraph (15); (2) by striking the period at the end of paragraph (16) and inserting “; and”; and (3) by adding at the end the following: “(17) Deadline. not later than October 1, 2007, describe the State standards for the content and frequency of caseworker visits for children who are in foster care under the responsibility of the State, which, at a minimum, ensure that the children are visited on a monthly basis and that the caseworker visits are well-planned and focused on issues pertinent to case planning and service delivery to ensure the safety, permanency, and well-being of the children.” .

  51. Child and Family Services Improvement Act of 2006

    Pub. L. 109–288 § 6(c)(2) · 120 Stat. 1233

    Added · 42 U.S.C. § 622(c)

    Pub. L. 109–288, § 6(c)(2), added subsec. (c)

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 109–288, § 6(c)(2), added subsec. (c).

    Enacted provision · exact public law section
    (2) by adding at the end the following: “(c) Definitions.— In this subpart: “(1) Administrative costs.— The term ‘administrative costs’ means costs for the following, but only to the extent incurred in administering the State plan developed pursuant to this subpart: procurement, payroll management, personnel functions (other than the portion of the salaries of supervisors attributable to time spent directly supervising the provision of services by caseworkers), management, maintenance and operation of space and property, data processing and computer services, accounting, budgeting, auditing, and travel expenses (except those related to the provision of services by caseworkers or the oversight of programs funded under this subpart). “(2) Other terms.— For definitions of other terms used in this part, see section 475.” .

  52. Fostering Connections to Success and Increasing Adoptions Act of 2008

    Pub. L. 110–351 title II § 205 · 122 Stat. 3949

    Amended · 42 U.S.C. § 622(b)(15)

    Pub. L. 110–351 amended par. (15) generally. Prior to amendment, par. (15) read as follows: “describe how the State actively consults with and involves physicians or other appropriate medical professionals in—

    Source evidence

    Code amendment note
    Subsec. (b)(15). Pub. L. 110–351 amended par. (15) generally. Prior to amendment, par. (15) read as follows: “describe how the State actively consults with and involves physicians or other appropriate medical professionals in—

    “(A) assessing the health and well-being of children in foster care under the responsibility of the State; and “(B) determining appropriate medical treatment for the children;”.

    Enacted provision · exact public law section
    SEC. 205. HEALTH OVERSIGHT AND COORDINATION PLAN.   Section 422(b)(15) of the Social Security Act (42 U.S.C. 622(b)(15)) is amended to read as follows: “(15) (A) provides that the State will develop, in coordination and collaboration with the State agency referred to in paragraph (1) and the State agency responsible for administering the State plan approved under title XIX, and in consultation with pediatricians, other experts in health care, and experts in and recipients of child welfare services, a plan for the ongoing oversight and coordination of health care services for any child in a foster care placement, which shall ensure a coordinated strategy to identify and respond to the health care needs of children in foster care placements, including mental health and dental health needs, and shall include an outline of— “(i) a schedule for initial and follow-up health screenings that meet reasonable standards of medical practice; “(ii) how health needs identified through screenings will be monitored and treated; “(iii) how medical information for children in care will be updated and appropriately shared, which may include the development and implementation of an electronic health record; “(iv) steps to ensure continuity of health care services, which may include the establishment of a medical home for every child in care; “(v) the oversight of prescription medicines; and “(vi) how the State actively consults with and involves physicians or other appropriate medical or non-medical professionals in assessing the health and well-being of children in foster care and in determining appropriate medical treatment for the children; and “(B) subparagraph (A) shall not be construed to reduce or limit the responsibility of the State agency responsible for administering the State plan approved under title XIX to administer and provide care and services for children with respect to whom services are provided under the State plan developed pursuant to this subpart;” .

  53. Elder Justice Act of 2009

    Pub. L. 111–148 § 6703(d)(2)(B) · 124 Stat. 119

    Inserted · 42 U.S.C. § 622(b)(1); 42 U.S.C. § 622(b)(2)

    Pub. L. 111–148, § 6703(d)(2)(B), inserted “division A of” before “subchapter XX”

    Source evidence

    Code amendment note
    Subsec. (b)(1), (2). Pub. L. 111–148, § 6703(d)(2)(B), inserted “division A of” before “subchapter XX”.

    Enacted provision · exact public law section
    (B) in sections 422(b), 471(a)(4), 472(h)(1), and 473(b)(2), 42 USC 622, 671–673. by inserting “subtitle 1 of” before “title XX” each place it appears.

  54. Patient Protection and Affordable Care Act

    Pub. L. 111–148 § 2955(c) · 124 Stat. 119

    Added · 42 U.S.C. § 622(b)(15)(A)(vii)

    Pub. L. 111–148, § 2955(c), added cl. (vii)

    Source evidence

    Code amendment note
    Subsec. (b)(15)(A)(vii). Pub. L. 111–148, § 2955(c), added cl. (vii).

    Enacted provision · exact public law section
    (c) Health Oversight and Coordination Plan.— Section 422(b)(15)(A) of such Act (42 U.S.C. 622(b)(15)(A)) is amended— (1) in clause (v), by striking “and” at the end; and (2) by adding at the end the following: “(vii) steps to ensure that the components of the transition plan development process required under section 475(5)(H) that relate to the health care needs of children aging out of foster care, including the requirements to include options for health insurance, information about a health care power of attorney, health care proxy, or other similar document recognized under State law, and to provide the child with the option to execute such a document, are met; and” .

  55. Child and Family Services Improvement and Innovation Act

    Pub. L. 112–34 § 101(b)(1) · 125 Stat. 369

    Inserted · 42 U.S.C. § 622(b)(15)(A)(ii)

    Pub. L. 112–34, § 101(b)(1), inserted “, including emotional trauma associated with a child’s maltreatment and removal from home” before the semicolon

    Source evidence

    Code amendment note
    Subsec. (b)(15)(A)(ii). Pub. L. 112–34, § 101(b)(1), inserted “, including emotional trauma associated with a child’s maltreatment and removal from home” before the semicolon.

    Enacted provision · exact public law section
    (1) Response to emotional trauma.— Section 422(b)(15)(A)(ii) of such Act (42 U.S.C. 622(b)(15)(A)(ii)) is amended by inserting “, including emotional trauma associated with a child’s maltreatment and removal from home” before the semicolon.

  56. Child and Family Services Improvement and Innovation Act

    Pub. L. 112–34 § 101(b)(2) · 125 Stat. 369

    Inserted · 42 U.S.C. § 622(b)(15)(A)(v)

    Pub. L. 112–34, § 101(b)(2), inserted “, including protocols for the appropriate use and monitoring of psychotropic medications” before the semicolon

    Source evidence

    Code amendment note
    Subsec. (b)(15)(A)(v). Pub. L. 112–34, § 101(b)(2), inserted “, including protocols for the appropriate use and monitoring of psychotropic medications” before the semicolon.

    Enacted provision · exact public law section
    (2) Procedures on the use of psychotropic medications.— Section 422(b)(15)(A)(v) of such Act (42 U.S.C. 622(b)(15)(A)(v)) is amended by inserting “, including protocols for the appropriate use and monitoring of psychotropic medications” before the semicolon.

  57. Child and Family Services Improvement and Innovation Act

    Pub. L. 112–34 § 101(b)(3) · 125 Stat. 369

    Added · 42 U.S.C. § 622(b)(18)

    Pub. L. 112–34, § 101(b)(3), added par. (18)

    Source evidence

    Code amendment note
    Subsec. (b)(18). Pub. L. 112–34, § 101(b)(3), added par. (18).

    Enacted provision · exact public law section
    (3) Description of activities to address developmental needs of very young children.— Section 422(b) of such Act (42 U.S.C. 622(b)) is amended— (A) by striking “and” at the end of paragraph (16); (B) by striking the period at the end of paragraph (17) and inserting “; and”; and (C) by adding at the end the following: “(18) include a description of the activities that the State has undertaken to reduce the length of time children who have not attained 5 years of age are without a permanent family, and the activities the State undertakes to address the developmental needs of such children who receive benefits or services under this part or part E.” .

  58. Child and Family Services Improvement and Innovation Act

    Pub. L. 112–34 § 101(b)(4) · 125 Stat. 369

    Added · 42 U.S.C. § 622(b)(19)

    Pub. L. 112–34, § 101(b)(4), added par. (19)

    Source evidence

    Code amendment note
    Subsec. (b)(19). Pub. L. 112–34, § 101(b)(4), added par. (19).

    Enacted provision · exact public law section
    (4) Data sources for child death reporting.— Section 422(b) of such Act (42 U.S.C. 622(b)), as amended by paragraph (3) of this subsection, is amended— (A) by striking “and” at the end of paragraph (17); (B) by striking the period at the end of paragraph (18) and inserting “; and”; and (C) by adding at the end the following: “(19) contain a description of the sources used to compile information on child maltreatment deaths required by Federal law to be reported by the State agency referred to in paragraph (1), and to the extent that the compilation does not include information on such deaths from the State vital statistics department, child death review teams, law enforcement agencies, or offices of medical examiners or coroners, the State shall describe why the information is not so included and how the State will include the information.” .

  59. Preventing Sex Trafficking and Strengthening Families Act

    Pub. L. 113–183 § 112(b)(2)(A)(i) · 128 Stat. 1919

    Inserted · 42 U.S.C. § 622(b)(8)(A)(ii)

    Pub. L. 113–183, § 112(b)(2)(A)(i), inserted “and in accordance with the requirements of section 675a of this title” after “section 675(5) of this title”

    Source evidence

    Code amendment note
    Subsec. (b)(8)(A)(ii). Pub. L. 113–183, § 112(b)(2)(A)(i), inserted “and in accordance with the requirements of section 675a of this title” after “section 675(5) of this title”.

    Enacted provision · exact public law section
    (i) Part b.— Section 422(b)(8)(A)(ii) (42 U.S.C. 622(b)(8)(A)(ii)) is amended by inserting “and in accordance with the requirements of section 475A” after “section 475(5)”.

  60. Preventing Sex Trafficking and Strengthening Families Act

    Pub. L. 113–183 § 112(a)(2) · 128 Stat. 1919

    Inserted · 42 U.S.C. § 622(b)(8)(A)(iii)(II)

    Pub. L. 113–183, § 112(a)(2), inserted “, subject to the requirements of sections 675(5)(C) and 675a(a) of this title” after “arrangement”

    Source evidence

    Code amendment note
    Subsec. (b)(8)(A)(iii)(II). Pub. L. 113–183, § 112(a)(2), inserted “, subject to the requirements of sections 675(5)(C) and 675a(a) of this title” after “arrangement”.

    Enacted provision · exact public law section
    (2) Conforming amendment.— Section 422(b)(8)(A)(iii)(II) (42 U.S.C. 622(b)(8)(A)(iii)(II)) is amended by inserting “, subject to the requirements of sections 475(5)(C) and 475A(a)” after “arrangement”.

  61. Bipartisan Budget Act of 2018

    Pub. L. 115–123 § 50743(a) · 132 Stat. 64

    1. Added · 42 U.S.C. § 622(b)(15)(A)(vii); 42 U.S.C. § 622(b)(15)(A)(viii)

      Pub. L. 115–123, § 50743(a), added cl. (vii)

    2. Redesignated · 42 U.S.C. § 622(b)(15)(A)(vii); 42 U.S.C. § 622(b)(15)(A)(viii)

      Pub. L. 115–123, § 50743(a), redesignated former cl. (vii) as (viii)

    Source evidence

    Code amendment note
    Subsec. (b)(15)(A)(vii), (viii). Pub. L. 115–123, § 50743(a), added cl. (vii) and redesignated former cl. (vii) as (viii).

    Enacted provision · exact public law section
    (a) State Plan Requirement.— Section 422(b)(15)(A) of the Social Security Act (42 U.S.C. 622(b)(15)(A)) is amended— (1) in clause (vi), by striking “and” after the semicolon; (2) by redesignating clause (vii) as clause (viii); and (3) by inserting after clause (vi) the following: “(vii) the procedures and protocols the State has established to ensure that children in foster care placements are not inappropriately diagnosed with mental illness, other emotional or behavioral disorders, medically fragile conditions, or developmental disabilities, and placed in settings that are not foster family homes as a result of the inappropriate diagnoses; and” .

  62. Bipartisan Budget Act of 2018

    Pub. L. 115–123 § 50772 · 132 Stat. 64

    Substituted · 42 U.S.C. § 622(b)(18)

    Pub. L. 115–123, § 50772, substituted “all vulnerable children under 5 years of age” for “such children”

    Source evidence

    Code amendment note
    Subsec. (b)(18). Pub. L. 115–123, § 50772, substituted “all vulnerable children under 5 years of age” for “such children”.

    Enacted provision · exact public law section
    SEC. 50772. TECHNICAL CORRECTIONS TO STATE REQUIREMENT TO ADDRESS THE DEVELOPMENTAL NEEDS OF YOUNG CHILDREN.   Section 422(b)(18) of the Social Security Act (42 U.S.C. 622(b)(18)) is amended by striking “such children” and inserting “all vulnerable children under 5 years of age”.

  63. Bipartisan Budget Act of 2018

    Pub. L. 115–123 § 50732 · 132 Stat. 64

    Amended · 42 U.S.C. § 622(b)(19)

    Pub. L. 115–123, § 50732, amended par. (19) generally. Prior to amendment, par. (19) read as follows: “contain a description of the sources used to compile information on child maltreatment deaths required by Federal law to be reported by the State agency referred to in paragraph (1), and to the extent that the compilation does not include information on such deaths from the State vital statistics department, child death review teams, law enforcement agencies, or offices of medical examiners or coroners, the State shall describe why the information is not so included and how the State will include the information.”

    Source evidence

    Code amendment note
    Subsec. (b)(19). Pub. L. 115–123, § 50732, amended par. (19) generally. Prior to amendment, par. (19) read as follows: “contain a description of the sources used to compile information on child maltreatment deaths required by Federal law to be reported by the State agency referred to in paragraph (1), and to the extent that the compilation does not include information on such deaths from the State vital statistics department, child death review teams, law enforcement agencies, or offices of medical examiners or coroners, the State shall describe why the information is not so included and how the State will include the information.”

    Enacted provision · exact public law section
    SEC. 50732. DEVELOPMENT OF A STATEWIDE PLAN TO PREVENT CHILD ABUSE AND NEGLECT FATALITIES.   Section 422(b)(19) of the Social Security Act (42 U.S.C. 622(b)(19)) is amended to read as follows: “(19) document steps taken to track and prevent child maltreatment deaths by including— “(A) a description of the steps the State is taking to compile complete and accurate information on the deaths required by Federal law to be reported by the State agency referred to in paragraph (1), including gathering relevant information on the deaths from the relevant organizations in the State including entities such as State vital statistics department, child death review teams, law enforcement agencies, offices of medical examiners, or coroners; and “(B) a description of the steps the State is taking to develop and implement a comprehensive, statewide plan to prevent the fatalities that involves and engages relevant public and private agency partners, including those in public health, law enforcement, and the courts.” .

  64. Pub. L. 118–258 § 106(c) · 138 Stat. 2952

    Amended · 42 U.S.C. § 622(b)(1)

    Pub. L. 118–258, § 106(c), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “provide that (A) the individual or agency that administers or supervises the administration of the State’s services program under division A of subchapter XX will administer or supervise the administration of the plan (except as otherwise provided in section 103(d) of the Adoption Assistance and Child Welfare Act of 1980), and (B) to the extent that child welfare services are furnished by the staff of the State agency or local agency administering the plan, a single organizational unit in such State or local agency, as the case may be, will be responsible for furnishing such child welfare services;”

    Unresolved: Pub. L. 118–258 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 118–258, § 106(c), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “provide that (A) the individual or agency that administers or supervises the administration of the State’s services program under division A of subchapter XX will administer or supervise the administration of the plan (except as otherwise provided in section 103(d) of the Adoption Assistance and Child Welfare Act of 1980), and (B) to the extent that child welfare services are furnished by the staff of the State agency or local agency administering the plan, a single organizational unit in such State or local agency, as the case may be, will be responsible for furnishing such child welfare services;”.

    Effective date note
    Pub. L. 118–258, title I, § 117, Jan. 4, 2025, 138 Stat. 2969, provided that:

  65. Pub. L. 118–258 § 106(d) · 138 Stat. 2952

    Added · 42 U.S.C. § 622(b)(4)(C)

    Pub. L. 118–258, § 106(d), added subpar. (C)

    Unresolved: Pub. L. 118–258 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (b)(4)(C). Pub. L. 118–258, § 106(d), added subpar. (C).

    Effective date note
    Pub. L. 118–258, title I, § 117, Jan. 4, 2025, 138 Stat. 2969, provided that:

  66. Pub. L. 118–258 § 107(a)(2)(A) · 138 Stat. 2952

    Substituted · 42 U.S.C. § 622(b)(9)

    Pub. L. 118–258, § 107(a)(2)(A), substituted “Act of 1978, including how the State will ensure timely notice to Indian tribes of State custody proceedings involving Indian children, foster care or adoptive placements of Indian children, and case recordkeeping as such matters relate to transfers of jurisdiction, termination of parental rights, and active efforts;” for “Act;”

    Unresolved: Pub. L. 118–258 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (b)(9). Pub. L. 118–258, § 107(a)(2)(A), substituted “Act of 1978, including how the State will ensure timely notice to Indian tribes of State custody proceedings involving Indian children, foster care or adoptive placements of Indian children, and case recordkeeping as such matters relate to transfers of jurisdiction, termination of parental rights, and active efforts;” for “Act;”.

    Effective date note
    Pub. L. 118–258, title I, § 117, Jan. 4, 2025, 138 Stat. 2969, provided that:

  67. Pub. L. 118–258 § 106(e)(1) · 138 Stat. 2952

    Inserted · 42 U.S.C. § 622(b)(15)(A)

    Pub. L. 118–258, § 106(e)(1), inserted “and, if applicable, the State agency responsible for mental health services,” before “and in consultation” and “mental health providers,” before “other experts” in introductory provisions

    Unresolved: Pub. L. 118–258 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (b)(15)(A). Pub. L. 118–258, § 106(e)(1), inserted “and, if applicable, the State agency responsible for mental health services,” before “and in consultation” and “mental health providers,” before “other experts” in introductory provisions.

    Effective date note
    Pub. L. 118–258, title I, § 117, Jan. 4, 2025, 138 Stat. 2969, provided that:

  68. Pub. L. 118–258 § 106(e)(2) · 138 Stat. 2952

    Inserted · 42 U.S.C. § 622(b)(15)(A)(ii)

    Pub. L. 118–258, § 106(e)(2), inserted “a list of services provided to support the physical and” before “emotional”

    Unresolved: Pub. L. 118–258 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (b)(15)(A)(ii). Pub. L. 118–258, § 106(e)(2), inserted “a list of services provided to support the physical and” before “emotional”.

    Effective date note
    Pub. L. 118–258, title I, § 117, Jan. 4, 2025, 138 Stat. 2969, provided that:

  69. Pub. L. 118–258 § 106(e)(3) · 138 Stat. 2952

    Inserted · 42 U.S.C. § 622(b)(15)(A)(iv)

    Pub. L. 118–258, § 106(e)(3), inserted “and mental health” before “services”

    Unresolved: Pub. L. 118–258 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (b)(15)(A)(iv). Pub. L. 118–258, § 106(e)(3), inserted “and mental health” before “services”.

    Effective date note
    Pub. L. 118–258, title I, § 117, Jan. 4, 2025, 138 Stat. 2969, provided that:

  70. Pub. L. 118–258 § 106(e)(4) · 138 Stat. 2952

    Inserted · 42 U.S.C. § 622(b)(15)(A)(v)

    Pub. L. 118–258, § 106(e)(4), inserted “, informed consent of youth, and compliance with professional practice guidelines” before semicolon at end

    Unresolved: Pub. L. 118–258 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (b)(15)(A)(v). Pub. L. 118–258, § 106(e)(4), inserted “, informed consent of youth, and compliance with professional practice guidelines” before semicolon at end.

    Effective date note
    Pub. L. 118–258, title I, § 117, Jan. 4, 2025, 138 Stat. 2969, provided that:

  71. Pub. L. 118–258 § 106(e)(5) · 138 Stat. 2952

    Inserted · 42 U.S.C. § 622(b)(15)(A)(vi)

    Pub. L. 118–258, § 106(e)(5), inserted “, licensed mental health providers,” before “or other”

    Unresolved: Pub. L. 118–258 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (b)(15)(A)(vi). Pub. L. 118–258, § 106(e)(5), inserted “, licensed mental health providers,” before “or other”.

    Effective date note
    Pub. L. 118–258, title I, § 117, Jan. 4, 2025, 138 Stat. 2969, provided that:

  72. Pub. L. 118–258 § 109(a) · 138 Stat. 2952

    Inserted · 42 U.S.C. § 622(b)(17)

    Pub. L. 118–258, § 109(a), inserted “, and include a description of how the State may offer virtual caseworker visits to youth in care who have attained the age of 18 years and provided informed consent for virtual visits” before semicolon at end

    Unresolved: Pub. L. 118–258 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (b)(17). Pub. L. 118–258, § 109(a), inserted “, and include a description of how the State may offer virtual caseworker visits to youth in care who have attained the age of 18 years and provided informed consent for virtual visits” before semicolon at end.

    Effective date note
    Pub. L. 118–258, title I, § 117, Jan. 4, 2025, 138 Stat. 2969, provided that:

74 of 83 references resolved to an enrolled provision · 9 unresolved

Editorial Notes

References in Text

Division A of subchapter XX, referred to in subsec. (b)(1), (2), was in the original a reference to subtitle 1 of title XX, which was translated as if referring to subtitle A of title XX of the Social Security Act, to reflect the probable intent of Congress. Title XX of the Act, enacting subchapter XX of this chapter, does not contain a subtitle 1.

Section 103(d) of the Adoption Assistance and Child Welfare Act of 1980, referred to in subsec. (b)(1), is section 103(d) of Pub. L. 96–272, which is set out as a note below.

The Indian Child Welfare Act of 1978, referred to in subsec. (b)(9), is Pub. L. 95–608, , 92 Stat. 3069, which is classified principally to chapter 21 (§ 1901 et seq.) of Title 25, Indians. For complete classification of this Act to the Code, see Short Title note set out under section 1901 of Title 25 and Tables.

Amendments1968–2025 · 17 rounds

2025

Subsec. (b)(1). Pub. L. 118–258, § 106(c), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “provide that (A) the individual or agency that administers or supervises the administration of the State’s services program under division A of subchapter XX will administer or supervise the administration of the plan (except as otherwise provided in section 103(d) of the Adoption Assistance and Child Welfare Act of 1980), and (B) to the extent that child welfare services are furnished by the staff of the State agency or local agency administering the plan, a single organizational unit in such State or local agency, as the case may be, will be responsible for furnishing such child welfare services;”.

Subsec. (b)(4)(C). Pub. L. 118–258, § 106(d), added subpar. (C).

Subsec. (b)(9). Pub. L. 118–258, § 107(a)(2)(A), substituted “Act of 1978, including how the State will ensure timely notice to Indian tribes of State custody proceedings involving Indian children, foster care or adoptive placements of Indian children, and case recordkeeping as such matters relate to transfers of jurisdiction, termination of parental rights, and active efforts;” for “Act;”.

Subsec. (b)(15)(A). Pub. L. 118–258, § 106(e)(1), inserted “and, if applicable, the State agency responsible for mental health services,” before “and in consultation” and “mental health providers,” before “other experts” in introductory provisions.

Subsec. (b)(15)(A)(ii). Pub. L. 118–258, § 106(e)(2), inserted “a list of services provided to support the physical and” before “emotional”.

Subsec. (b)(15)(A)(iv). Pub. L. 118–258, § 106(e)(3), inserted “and mental health” before “services”.

Subsec. (b)(15)(A)(v). Pub. L. 118–258, § 106(e)(4), inserted “, informed consent of youth, and compliance with professional practice guidelines” before semicolon at end.

Subsec. (b)(15)(A)(vi). Pub. L. 118–258, § 106(e)(5), inserted “, licensed mental health providers,” before “or other”.

Subsec. (b)(17). Pub. L. 118–258, § 109(a), inserted “, and include a description of how the State may offer virtual caseworker visits to youth in care who have attained the age of 18 years and provided informed consent for virtual visits” before semicolon at end.

2018

Subsec. (b)(15)(A)(vii), (viii). Pub. L. 115–123, § 50743(a), added cl. (vii) and redesignated former cl. (vii) as (viii).

Subsec. (b)(18). Pub. L. 115–123, § 50772, substituted “all vulnerable children under 5 years of age” for “such children”.

Subsec. (b)(19). Pub. L. 115–123, § 50732, amended par. (19) generally. Prior to amendment, par. (19) read as follows: “contain a description of the sources used to compile information on child maltreatment deaths required by Federal law to be reported by the State agency referred to in paragraph (1), and to the extent that the compilation does not include information on such deaths from the State vital statistics department, child death review teams, law enforcement agencies, or offices of medical examiners or coroners, the State shall describe why the information is not so included and how the State will include the information.”

2014

Subsec. (b)(8)(A)(ii). Pub. L. 113–183, § 112(b)(2)(A)(i), inserted “and in accordance with the requirements of section 675a of this title” after “section 675(5) of this title”.

Subsec. (b)(8)(A)(iii)(II). Pub. L. 113–183, § 112(a)(2), inserted “, subject to the requirements of sections 675(5)(C) and 675a(a) of this title” after “arrangement”.

2011

Subsec. (b)(15)(A)(ii). Pub. L. 112–34, § 101(b)(1), inserted “, including emotional trauma associated with a child’s maltreatment and removal from home” before the semicolon.

Subsec. (b)(15)(A)(v). Pub. L. 112–34, § 101(b)(2), inserted “, including protocols for the appropriate use and monitoring of psychotropic medications” before the semicolon.

Subsec. (b)(18). Pub. L. 112–34, § 101(b)(3), added par. (18).

Subsec. (b)(19). Pub. L. 112–34, § 101(b)(4), added par. (19).

2010

Subsec. (b)(1), (2). Pub. L. 111–148, § 6703(d)(2)(B), inserted “division A of” before “subchapter XX”.

Subsec. (b)(15)(A)(vii). Pub. L. 111–148, § 2955(c), added cl. (vii).

2008

Subsec. (b)(15). Pub. L. 110–351 amended par. (15) generally. Prior to amendment, par. (15) read as follows: “describe how the State actively consults with and involves physicians or other appropriate medical professionals in—

“(A) assessing the health and well-being of children in foster care under the responsibility of the State; and

“(B) determining appropriate medical treatment for the children;”.

2006

Subsec. (b)(3). Pub. L. 109–288, § 6(c)(1)(A), added par. (3) and struck out former par. (3) which read as follows: “provide that the standards and requirements imposed with respect to child day care under subchapter XX of this chapter shall apply with respect to day care services under this subpart, except insofar as eligibility for such services is involved;”.

Subsec. (b)(4). Pub. L. 109–288, § 6(c)(1)(A), (B), added par. (4) and struck out former par. (4) which read as follows: “provide for the training and effective use of paid paraprofessional staff, with particular emphasis on the full-time or part-time employment of persons of low income, as community service aides, in the administration of the plan, and for the use of nonpaid or partially paid volunteers in providing services and in assisting any advisory committees established by the State agency;”.

Subsec. (b)(5). Pub. L. 109–288, § 6(c)(1)(A), (C), redesignated par. (7) as (5) and struck out former par. (5) which read as follows: “contain a description of the services to be provided and specify the geographic areas where such services will be available;”.

Subsec. (b)(6). Pub. L. 109–288, § 6(c)(1)(B), (C), redesignated par. (8) as (6) and struck out former par. (6) which read as follows: “contain a description of the steps which the State will take to provide child welfare services and to make progress in—

“(A) covering additional political subdivisions,

“(B) reaching additional children in need of services, and

“(C) expanding and strengthening the range of existing services and developing new types of services,

along with a description of the State’s child welfare services staff development and training plans;”.

Subsec. (b)(7). Pub. L. 109–288, § 6(c)(1)(C), redesignated par. (9) as (7). Former par. (7) redesignated (5).

Subsec. (b)(8), (9). Pub. L. 109–288, § 6(c)(1)(G), redesignated pars. (10) and (11) as (8) and (9), respectively. Former pars. (8) and (9) redesignated (6) and (7), respectively.

Subsec. (b)(10). Pub. L. 109–288, § 6(c)(1)(G), redesignated par. (12) as (10). Former par. (10) redesignated (8).

Subsec. (b)(10)(A). Pub. L. 109–288, § 6(c)(1)(D)(i), (iii), redesignated subpar. (B) as (A) and struck out former subpar. (A) which read as follows: “since , has completed an inventory of all children who, before the inventory, had been in foster care under the responsibility of the State for 6 months or more, which determined—

“(i) the appropriateness of, and necessity for, the foster care placement;

“(ii) whether the child could or should be returned to the parents of the child or should be freed for adoption or other permanent placement; and

“(iii) the services necessary to facilitate the return of the child or the placement of the child for adoption or legal guardianship;”.

Subsec. (b)(10)(B). Pub. L. 109–288, § 6(c)(1)(D)(iv), added subpar. (B). Former subpar. (B) redesignated (A).

Subsec. (b)(10)(B)(iii)(II). Pub. L. 109–288, § 6(c)(1)(D)(ii), inserted “, which may include a residential educational program” after “in some other planned, permanent living arrangement”.

Subsec. (b)(10)(C). Pub. L. 109–288, § 6(c)(1)(D)(iv), struck out subpar. (C) which read as follows:

“(i) has reviewed (or within 12 months after , will review) State policies and administrative and judicial procedures in effect for children abandoned at or shortly after birth (including policies and procedures providing for legal representation of such children); and

“(ii) is implementing (or within 24 months after , will implement) such policies and procedures as the State determines, on the basis of the review described in clause (i), to be necessary to enable permanent decisions to be made expeditiously with respect to the placement of such children;”.

Subsec. (b)(11). Pub. L. 109–288, § 6(c)(1)(G), redesignated par. (13) as (11). Former par. (11) redesignated (9).

Subsec. (b)(12). Pub. L. 109–288, § 6(c)(1)(G), redesignated par. (14) as (12). Former par. (12) redesignated (10).

Pub. L. 109–239 substituted “make” for “develop plans for the” and inserted “(including through contracts for the purchase of services), and shall eliminate legal barriers,” after “resources”.

Subsec. (b)(13). Pub. L. 109–288, § 6(c)(1)(G), redesignated par. (15) as (13). Former par. (13) redesignated (11).

Subsec. (b)(14). Pub. L. 109–288, § 6(c)(1)(E), (F), (H), added par. (14). Former par. (14) redesignated (12).

Subsec. (b)(15). Pub. L. 109–288, § 6(c)(1)(E), (F), (H), added par. (15). Former par. (15) redesignated (13).

Pub. L. 109–171 added par. (15).

Subsec. (b)(16). Pub. L. 109–288, § 6(c)(1)(E), (F), (H), added par. (16).

Subsec. (b)(17). Pub. L. 109–288, § 7(a), added par. (17).

Subsec. (c). Pub. L. 109–288, § 6(c)(2), added subsec. (c).

2000

Subsec. (b)(13), (14). Pub. L. 106–279 added pars. (13) and (14).

1998

Subsec. (b)(2). Pub. L. 105–200 struck out “under” before “the State plan approved under part E”.

1997

Subsec. (b)(9). Pub. L. 105–33, § 5592(a)(2), made technical amendment to directory language of Pub. L. 103–432, § 204(a)(2). See 1994 Amendment note below.

Pub. L. 105–33, § 5592(a)(1)(A)(iii), redesignated par. (9), relating to providing assurances that the State has met certain requirements to protect foster children, as (10).

Pub. L. 105–33, § 5592(a)(1)(A)(i), amended par. (9) relating to diligent recruitment of potential foster and adoptive families by substituting a semicolon for period at end.

Subsec. (b)(10). Pub. L. 105–33, § 5592(a)(1)(A)(iii), redesignated par. (9), relating to providing assurances that the State has met certain requirements to protect foster children, as (10). Former par. (10) redesignated (11).

Subsec. (b)(10)(B). Pub. L. 105–89, § 102(1), in cl. (iii)(I) inserted “safe and” after “where” and in cl. (iv) inserted “safely” after “remain”.

Subsec. (b)(11). Pub. L. 105–33, § 5592(a)(1)(A)(ii), redesignated par. (10) as (11).

Subsec. (b)(12). Pub. L. 105–89, § 202(a), added par. (12).

1996

Subsec. (b)(2). Pub. L. 104–193 substituted “program funded under part A” for “plan approved under part A of this subchapter” and “under the State plan approved under part E” for “part E of this subchapter”.

1994

Subsec. (b)(7). Pub. L. 103–432, § 202(a)(1), which directed amendment of par. (7) by striking out “and” at end, could not be executed because “and” did not appear at end subsequent to amendment by Pub. L. 103–382, § 554(1). See below.

Pub. L. 103–382, § 554(1), struck out “and” at end.

Subsec. (b)(8). Pub. L. 103–432, § 204(a)(1), struck out “and” at end.

Pub. L. 103–432, § 202(a)(2), which directed amendment of par. (8) by substituting “; and” for period at end, could not be executed because there was no period at end subsequent to amendment by Pub. L. 103–382, § 554(2). See below.

Pub. L. 103–382, § 554(2), substituted “; and” for period at end.

Subsec. (b)(9). Pub. L. 103–432, § 204(a)(2), as amended by Pub. L. 105–33, § 5592(a)(2), substituted “; and” for period at end of par. (9) relating to providing assurances that the State has met certain requirements to protect foster children.

Pub. L. 103–432, § 202(a)(3), added par. (9) relating to providing assurances that the State has met certain requirements to protect foster children.

Pub. L. 103–382, § 554(3), added par. (9) relating to diligent recruitment of potential foster and adoptive families.

Subsec. (b)(10). Pub. L. 103–432, § 204(a)(3), added par. (10).

1993

Subsec. (a). Pub. L. 103–66, § 13711(b)(1)(A), substituted “under this subpart” for “under this part”.

Subsec. (b). Pub. L. 103–66, § 13711(b)(1)(B), substituted “this subpart” for “this part” in introductory provisions.

Subsec. (b)(2). Pub. L. 103–66, § 13711(b)(1)(B), (C), inserted “under the State plan approved under subpart 2 of this part,” after “part A of this subchapter,” and substituted “under this subpart” for “under this part”.

Subsec. (b)(3). Pub. L. 103–66, § 13711(b)(1)(B), substituted “under this subpart” for “under this part”.

1989

Subsec. (b)(1)(A). Pub. L. 101–239 substituted “the individual or agency that administers or supervises the administration of the State’s services program under subchapter XX” for “the individual or agency designated pursuant to section 1397b(d)(1)(C) of this title to administer or supervise the administration of the State’s services program”.

1980

Pub. L. 96–272 substituted provisions relating to State plans covering child welfare services for provisions relating to the payments to States and the computation of amounts.

1975

Subsec. (a)(1)(A)(i). Pub. L. 93–647, § 3(a)(6), substituted “the individual or agency designated pursuant to section 1397b(d)(1)(C) of this title to administer or supervise the administration of the State’s services program” for “the State agency designated pursuant to section 602(a)(3) of this title to administer or supervise the administration of the plan of the State approved under part A of this subchapter”.

Subsec. (a)(i)(A)(ii). Pub. L. 93–647, § 3(a)(7), substituted “a single organizational unit in such State or local agency, as the case may be,” for “the organizational unit in such State or local agency established pursuant to section 602(a)(15) of this title”.

Subsec. (c). Pub. L. 93–647, § 3(h), added subsec. (c).

1968

Subsec. (a)(1). Pub. L. 90–248, § 240(d), added subpar. (A) and redesignated former subpars. (A) and (B) as (B) and (C), respectively.

Statutory Notes and Related Subsidiaries

Effective Date of 2025 Amendment

Pub. L. 118–258, title I, § 117, , 138 Stat. 2969, provided that:

“(a)

In General.—

The amendments made by this title [enacting sections 628d, 629k, and 629l of this titleand amending this section and sections 623 to 625, 627, 628, 629a to 629i, 629m, and 674 of this title] shall take effect on , and shall apply to payments under part B of title IV of the Social Security Act [42 U.S.C. 620 et seq.] for calendar quarters beginning on or after such date.

“(b)

Delay Permitted if State Legislation Required.—

If the Secretary of Health and Human Services determines that State legislation (other than legislation appropriating funds) is required in order for a State plan developed pursuant to part B of title IV of the Social Security Act to meet the additional requirements imposed by the amendments made by this title, the plan shall not be regarded as failing to meet any of the additional requirements before the 1st day of the 1st calendar quarter beginning after the first regular session of the State legislature that begins after the date of the enactment of this Act []. For purposes of the preceding sentence, if the State has a 2-year legislative session, each year of the session is deemed to be a separate regular session of the State legislature.

“(c)

Application to Programs Operated by Indian Tribal Organizations.—

In the case of an Indian tribe, tribal organization, or tribal consortium that the Secretary of Health and Human Services determines requires time to take action necessary to comply with the additional requirements imposed by the amendments made by this Act [enacting sections 628d, 629k, and 629l of this title and amending this section, sections 623 to 625, 627, 628, 629a to 629i, 629m, 653, 654, 664, and 674 of this title, and sections 6103 and 6402 of Title 26, Internal Revenue Code] (whether the tribe, organization, or tribal consortium has a plan under section 479B of the Social Security Act [42 U.S.C. 679c] or a cooperative agreement or contract entered into with a State), the Secretary shall provide the tribe, organization, or tribal consortium with such additional time as the Secretary determines is necessary for the tribe, organization, or tribal consortium to take the action to comply with the additional requirements before being regarded as failing to comply with the requirements.”

Effective Date of 2018 Amendment

Pub. L. 115–123, div. E, title VII, § 50734, , 132 Stat. 252, provided that:

“(a)

Effective Dates.—

“(1)

In general.—

Except as provided in paragraph (2), subject to subsection (b), the amendments made by parts I through III of this subtitle [parts I–III (§§ 50711–50734) of subtitle A of title VII of div. E of Pub. L. 115–123, amending this section and sections 629 to 629b, 629g, 670 to 672, 674, 675, 676, 679c, and 1308 of this title] shall take effect on .

“(2)

Exceptions.—

The amendments made by sections 50711(d), 50731, and 50733 [amending sections 670, 671, and 676 of this title] shall take effect on the date of enactment of this Act [].

“(b)

Transition Rule.—

“(1)

In general.—

In the case of a State plan under part B or E of title IV of the Social Security Act [42 U.S.C. 620 et seq., 670 et seq.] which the Secretary of Health and Human Services determines requires State legislation (other than legislation appropriating funds) in order for the plan to meet the additional requirements imposed by the amendments made by parts I through III of this subtitle, the State plan shall not be regarded as failing to comply with the requirements of such part solely on the basis of the failure of the plan to meet such additional requirements before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of enactment of this Act []. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of the session shall be deemed to be a separate regular session of the State legislature.

“(2)

Application to programs operated by indian tribal organizations.—

In the case of an Indian tribe, tribal organization, or tribal consortium which the Secretary of Health and Human Services determines requires time to take action necessary to comply with the additional requirements imposed by the amendments made by parts I through III of this subtitle (whether the tribe, organization, or tribal consortium has a plan under section 479B of the Social Security Act [42 U.S.C. 679c] or a cooperative agreement or contract entered into with a State), the Secretary shall provide the tribe, organization, or tribal consortium with such additional time as the Secretary determines is necessary for the tribe, organization, or tribal consortium to take the action to comply with the additional requirements before being regarded as failing to comply with the requirements.”

Pub. L. 115–123, div. E, title VII, § 50746, , 132 Stat. 261, provided that:

“(a)

Effective Dates.—

“(1)

In general.—

Subject to paragraph (2) and subsections (b), (c), and (d), the amendments made by this part [part IV (§§ 50741—50746) of subtitle A of title VII of div. E of Pub. L. 115–123, amending this section and sections 629h, 671, 672, 674, 675a, 676, and 679b of this title] shall take effect as if enacted on .

“(2)

Transition rule.—

In the case of a State plan under part B or E of title IV of the Social Security Act [42 U.S.C. 620 et seq., 670 et seq.] which the Secretary of Health and Human Services determines requires State legislation (other than legislation appropriating funds) in order for the plan to meet the additional requirements imposed by the amendments made by this part, the State plan shall not be regarded as failing to comply with the requirements of part B or E of title IV of such Act solely on the basis of the failure of the plan to meet the additional requirements before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of enactment of this Act []. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of the session shall be deemed to be a separate regular session of the State legislature.

“(b)

Limitation on Federal Financial Participation for Placements That Are Not in Foster Family Homes and Related Provisions.—

“(1)

In general.—

The amendments made by sections 50741(a), 50741(b), 50741(d), and 50742 [amending sections 671, 672, 674, 675a of this title] shall take effect on .

“(2)

State option to delay effective date for not more than 2 years.—

If a State requests a delay in the effective date, the Secretary of Health and Human Services shall delay the effective date provided for in paragraph (1) with respect to the State for the amount of time requested by the State, not to exceed 2 years. If the effective date is so delayed for a period with respect to a State under the preceding sentence, then—

“(A)

notwithstanding section 50734 [set out as a note above], the date that the amendments made by section 50711(c) [amending section 674 of this title] take effect with respect to the State shall be delayed for the period; and

“(B)

in applying section 474(a)(6) of the Social Security Act [42 U.S.C. 674(a)(6)] with respect to the State, ‘on or after the date this paragraph takes effect with respect to the State’ is deemed to be substituted for ‘after ’ in subparagraph (A)(i)(I) of such section.

“(c)

Criminal Records Checks and Checks of Child Abuse and Neglect Registries for Adults Working in Child-care Institutions and Other Group Care Settings.—

Subject to subsection (a)(2), the amendments made by section 50745 [amending section 671 of this title] shall take effect on .

“(d)

Application to States With Waivers.—

In the case of a State that, on the date of enactment of this Act [], has in effect a waiver approved under section 1130 of the Social Security Act (42 U.S.C. 1320a–9), the amendments made by this part shall not apply with respect to the State before the expiration (determined without regard to any extensions) of the waiver to the extent the amendments are inconsistent with the terms of the waiver.”

Effective Date of 2014 Amendment

Pub. L. 113–183, title I, § 112(a)(3), , 128 Stat. 1926, provided that:“In the case of children in foster care under the responsibility of an Indian tribe, tribal organization, or tribal consortium (either directly or under supervision of a State), the amendments made by this subsection [amending this section and section 675 of this title] shall not apply until the date that is 3 years after the date of the enactment of this Act [].”

Pub. L. 113–183, title I, § 112(c), , 128 Stat. 1928, provided that:

“(1)

In general.—

The amendments made by this section [enacting section 675a of this title and amending this section and sections 671 and 675 of this title] shall take effect on the date that is 1 year after the date of the enactment of this Act [].

“(2)

Delay permitted if state legislation required.—

If the Secretary of Health and Human Services determines that State legislation (other than legislation appropriating funds) is required in order for a State plan developed pursuant to part E of title IV of the Social Security Act [42 U.S.C. 670 et seq.] to meet the additional requirements imposed by the amendments made by this section, the plan shall not be regarded as failing to meet any of the additional requirements before the 1st day of the 1st calendar quarter beginning after the 1st regular session of the State legislature that begins after the date of the enactment of this Act []. If the State has a 2-year legislative session, each year of the session is deemed to be a separate regular session of the State legislature.”

Effective Date of 2011 Amendment

Pub. L. 112–34, title I, § 107, , 125 Stat. 378, provided that:

“(a)

In General.—

Except as otherwise provided in this title [enacting section 629m of this title, amending sections 622 to 625, 629a to 629c, 629f to 629h, 673, 675, and 679b of this title, and enacting provisions set out as notes under sections 629h and 629m of this title], this title and the amendments made by this title shall take effect on , and shall apply to payments under parts B and E of title IV of the Social Security Act [42 U.S.C. 620 et seq., 670 et seq.] for calendar quarters beginning on or after such date, without regard to whether regulations to implement the amendments are promulgated by such date.

“(b)

Delay Permitted if State Legislation Required.—

If the Secretary of Health and Human Services determines that State legislation (other than legislation appropriating funds) is required in order for a State plan developed pursuant to subpart 1 of part B [42 U.S.C. 620 et seq.], or a State plan approved under subpart 2 of part B [42 U.S.C. 629 et seq.] or part E, of title IV of the Social Security Act to meet the additional requirements imposed by the amendments made by this title, the plan shall not be regarded as failing to meet any of the additional requirements before the 1st day of the 1st calendar quarter beginning after the first regular session of the State legislature that begins after the date of the enactment of this Act []. If the State has a 2-year legislative session, each year of the session is deemed to be a separate regular session of the State legislature.”

Effective Date of 2010 Amendment

Pub. L. 111–148, title II, § 2955(d), , 124 Stat. 353, provided that: “The amendments made by this section [amending this section and sections 675 and 677 of this title] take effect on .”

Effective Date of 2008 Amendment

Amendment by Pub. L. 110–351 effective , and applicable to payments under this part and part E of this subchapter for quarters beginning on or after such date, with delay permitted if State legislation is required to meet additional requirements, see section 601 of Pub. L. 110–351, set out as a note under section 671 of this title.

Effective Date of 2006 Amendment

Amendment by Pub. L. 109–288 effective , and applicable to payments under this part and part E of this subchapter for calendar quarters beginning on or after such date, without regard to whether implementing regulations have been promulgated, and with delay permitted if State legislation is required to meet additional requirements, see section 12(a), (b) of Pub. L. 109–288, set out as a note under section 621 of this title.

Pub. L. 109–239, § 14, , 120 Stat. 514, provided that:

“(a)

In General.—

Except as otherwise provided in this section, the amendments made by this Act [enacting section 673c of this title, amending this section and sections 629h, 671, and 675 of this title, and repealing section 673c of this title] shall take effect on , and shall apply to payments under parts B and E of title IV of the Social Security Act [42 U.S.C. 620 et seq., 670 et seq.] for calendar quarters beginning on or after such date, without regard to whether regulations to implement the amendments are promulgated by such date.

“(b)

Delay Permitted If State Legislation Required.—

If the Secretary of Health and Human Services determines that State legislation (other than legislation appropriating funds) is required in order for a State plan under part B or E of title IV of the Social Security Act to meet the additional requirements imposed by the amendments made by a provision of this Act, the plan shall not be regarded as failing to meet any of the additional requirements before the 1st day of the 1st calendar quarter beginning after the first regular session of the State legislature that begins after the date of the enactment of this Act []. If the State has a 2-year legislative session, each year of the session is deemed to be a separate regular session of the State legislature.”

Amendment by Pub. L. 109–171 effective as if enacted on , except as otherwise provided, see section 7701 of Pub. L. 109–171, set out as a note under section 603 of this title.

Effective Date of 2000 Amendment

Amendment by Pub. L. 106–279 effective , with transition rule, see section 505(a)(1), (b) of Pub. L. 106–279, set out as an Effective Dates; Transition Rule note under section 14901 of this title.

Effective Date of 1997 Amendment

Pub. L. 105–89, title V, § 501, , 111 Stat. 2136, provided that:

“(a)

In General.—

Except as otherwise provided in this Act [enacting sections 673b, 678, and 679b of this title, amending this section, sections 603, 629, 629a, 629b, 653, 671 to 673, 674, 675, 677, and 1320a–9 of this title, and sections 645 and 901 of Title 2, The Congress, enacting provisions set out as notes under sections 613, 629a, 671, 673, 675, 679b, 1305, 1320a–9, 5111, and 5113 of this title, and amending provisions set out as a note under section 670 of this title], the amendments made by this Act take effect on the date of enactment of this Act [].

“(b)

Delay Permitted if State Legislation Required.—

In the case of a State plan under part B or E of title IV of the Social Security Act [42 U.S.C. 620 et seq., 670 et seq.] which the Secretary of Health and Human Services determines requires State legislation (other than legislation appropriating funds) in order for the plan to meet the additional requirements imposed by the amendments made by this Act, the State plan shall not be regarded as failing to comply with the requirements of such part solely on the basis of the failure of the plan to meet such additional requirements before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of enactment of this Act []. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of such session shall be deemed to be a separate regular session of the State legislature.”

Pub. L. 105–33, title V, § 5593, , 111 Stat. 644, provided that: “The amendments made by this chapter [chapter 5 (§§ 5591–5593) of subtitle F of title V of Pub. L. 105–33, amending this section and sections 624, 625, 628b, 671, and 672 of this title] shall take effect as if included in the enactment of title V of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Public Law 104–193; 110 Stat. 2277).”

Effective Date of 1996 Amendment

Amendment by Pub. L. 104–193 effective , with transition rules relating to State options to accelerate such date, rules relating to claims, actions, and proceedings commenced before such date, rules relating to closing out of accounts for terminated or substantially modified programs and continuance in office of Assistant Secretary for Family Support, and provisions relating to termination of entitlement under AFDC program, see section 116 of Pub. L. 104–193, as amended, set out as an Effective Date note under section 601 of this title.

Effective Date of 1994 Amendment

Pub. L. 103–432, title II, § 202(e), , 108 Stat. 4454, provided that: “The amendments and repeal made by this section [amending this section and sections 623 to 625 and 672 of this title and repealing section 627 of this title] shall be effective with respect to fiscal years beginning on or after .”

Pub. L. 103–432, title II, § 204(b), , 108 Stat. 4456, provided that: “The amendments made by subsection (a) [amending this section] shall be effective with respect to fiscal years beginning on or after .”

Effective Date of 1993 Amendment

Pub. L. 103–66, title XIII, § 13711(c), , 107 Stat. 655, provided that: “The amendments made by this section [enacting sections 629 to 629e of this title and amending this section and sections 623, 628, and 671 of this title] shall be effective with respect to calendar quarters beginning on or after .”

Effective Date of 1989 Amendment

Pub. L. 101–239, title X, § 10403(b)(2), , 103 Stat. 2488, provided that: “The amendment made by paragraph (1) [amending this section] shall take effect as if such amendment had been included in section 1883(e)(1) of the Tax Reform Act of 1986 [Pub. L. 99–514, amending section 1397b of this title] on the date of the enactment of such Act [].”

Effective Date of 1975 Amendment

Amendment by section 3 of Pub. L. 93–647 effective with respect to payments under sections 603 and 803 of this title for quarters commencing after , except that amendment by section 3(a) of Pub. L. 93–647 not effective with respect to the Commonwealth of Puerto Rico, the Virgin Islands, or Guam, see section 7(b) of Pub. L. 93–647, set out as a note under section 303 of this title.

Effective Date of 1968 Amendment; Different State Agencies for Administration of State Plans Under Parts A and B

Pub. L. 90–248, title II, § 240(e)(3), , 81 Stat. 916, provided that: “The amendments made by paragraphs (1) and (2) of subsection (d) [amending this section] shall become effective , except that (A) if on the date of enactment of this Act [] the agency of a State administering its plan for child-welfare services developed under part B of title IV of the Social Security Act [42 U.S.C. 620 et seq.] is different from the agency of the State designated pursuant to section 402(a)(3) of such Act [42 U.S.C. 602(a)(3)], so much of paragraph (1) of section 422(a) of such Act [42 U.S.C. 622(a)(1)] as precedes subparagraph (B) (as added by paragraph (2) of such subsection (d)) shall not apply with respect to such agencies but only so long as such agencies of the State are different, and (B) if on such date the local agency administering the plan of a State for child-welfare services developed under part B of title IV of the Social Security Act is different from the local agency in such subdivision administering the plan of such State under part A of title IV of such Act [42 U.S.C. 601 et seq.], so much of such paragraph (1) as precedes such subparagraph (B) shall not apply with respect to such local agencies but only so long as such local agencies are different.”

Guidance to States on Improving Data Collection and Reporting for Youth in Residential Treatment Programs

Pub. L. 118–258, title I, § 114, , 138 Stat. 2968, provided that:

“Within 2 years after the date of the enactment of this Act [], the Secretary of Health and Human Services, in consultation with the Department of Education, the Administration for Children and Families, the Centers for Medicare and Medicaid Services, the Administration for Community Living, the Department of Justice, and other relevant policy experts, as determined by the Secretary, shall issue and disseminate, or update and revise, as applicable, guidance to State agencies in administering State plans approved under parts B and E of title IV of the Social Security Act [42 U.S.C. 620 et seq., 670 et seq.] on the following:

“(1)

Best practices for Federal and State agencies to collect data and share information related to the well-being of youth residing in residential treatment facilities, including those facilities operating in multiple States or serving out-of-state youth.

“(2)

Best practices on improving State collection and sharing of data related to incidences of maltreatment of youth residing in residential treatment facilities, including with respect to meeting the requirement of section 471(a)(9)(A) of such Act [42 U.S.C. 671(a)(9)(A)] for such youth in foster care.

“(3)

Best practices on improving oversight of youth residential programs receiving Federal funding, and research-based strategies for risk assessment related to the health, safety, and well-being of youth in the facilities.”

Purpose

Pub. L. 115–123, div. E, title VII, § 50702, , 132 Stat. 232, provided that: “The purpose of this subtitle [subtitle A (§§ 50701—50782) of title VII of div. E of Pub. L. 115–123, amending this section and sections 625, 629 to 629b, 629f to 629h, 629m, 670 to 673, 673b, 674 to 677, 679b, 679c, and 1308 of this title and enacting provisions set out as notes under this section and sections 629m, 671, 673, 673b, and 1305 of this title] is to enable States to use Federal funds available under parts B and E of title IV of the Social Security Act [42 U.S.C. 620 et seq., 670 et seq.] to provide enhanced support to children and families and prevent foster care placements through the provision of mental health and substance abuse prevention and treatment services, in-home parent skill-based programs, and kinship navigator services.”

Findings and Purpose

Pub. L. 103–382, title V, § 552, , 108 Stat. 4056, provided that:

“(a)

Findings.—

The Congress finds that—

“(1)

nearly 500,000 children are in foster care in the United States;

“(2)

tens of thousands of children in foster care are waiting for adoption;

“(3)

2 years and 8 months is the median length of time that children wait to be adopted;

“(4)

child welfare agencies should work to eliminate racial, ethnic, and national origin discrimination and bias in adoption and foster care recruitment, selection, and placement procedures; and

“(5)

active, creative, and diligent efforts are needed to recruit foster and adoptive parents of every race, ethnicity, and culture in order to facilitate the placement of children in foster and adoptive homes which will best meet each child’s needs.

“(b)

Purpose.—

It is the purpose of this subpart [subpart 1 of part E of title V of Pub. L. 103–382, enacting section 5115a of this title, amending this section, and enacting provisions set out as a note under section 1305 of this title] to promote the best interests of children by—

“(1)

decreasing the length of time that children wait to be adopted;

“(2)

preventing discrimination in the placement of children on the basis of race, color, or national origin; and

“(3)

facilitating the identification and recruitment of foster and adoptive families that can meet children’s needs.”

Guam, Puerto Rico, Virgin Islands, and Commonwealth of Northern Mariana Islands

Pub. L. 96–272, title I, § 103(c), , 94 Stat. 521, provided that in the case of Guam, Puerto Rico, the Virgin Islands, and the Commonwealth of the Northern Mariana Islands, subsec. (b)(1) of this section (as otherwise amended by section 103(a) of Pub. L. 96–272), is deemed to read as follows:

“(1)

provide that (A) the State agency designated pursuant to section 602(a)(3) of this title to administer or supervise the administration of the plan of the State approved under part A of this subchapter [42 U.S.C. 601 et seq.] will administer or supervise the administration of such plan for child welfare services, and (B) to the extent that child welfare services are furnished by the staff of the State agency or local agency administering such plan for child welfare services, the organizational unit in such State or local agency established pursuant to section 602(a)(15) of this title will be responsible for furnishing such child welfare services;”.

Administration of State Plan for Child Welfare Services by Non-Designated Agency

Pub. L. 96–272, title I, § 103(d), , 94 Stat. 521, provided that: “Notwithstanding section 422(b)(1) of the Social Security Act (as amended by subsection (a) of this section) [42 U.S.C. 622(b)(1)] if on , the agency of a State administering its plan for child welfare services under part B of title IV of that Act [42 U.S.C. 620 et seq.] was not the agency designated pursuant to section 402(a)(3) of that Act [42 U.S.C. 602(a)(3)], such section 422(b)(1) shall not apply with respect to such agency, but only so long as such agency is not the agency designated under section 2003(d)(1)(C) of that Act [42 U.S.C. 1397b(d)(1)(C)]; and if on , the local agency administering the plan of a State under part B of title IV of that Act in a subdivision of the State was not the local agency in such subdivision administering the plan of such State under part A of that title [42 U.S.C. 601 et seq.], such section 422(b)(1) shall not apply with respect to such local agency, but only so long as such local agency is not the local agency administering the program of the State for the provision of services under title XX of that Act [42 U.S.C. 1397 et seq.].”

Overpayments or Underpayments

Pub. L. 90–248, title II, § 240(f)(3), , 81 Stat. 916, provided that in the case of any State which has a plan developed as provided in part 3 of this subchapter as in effect prior to , sections 721 to 728 of this title, “any overpayment or underpayment which the Secretary determines was made to the State under section 523 of the Social Security Act [42 U.S.C. 723] and with respect to which adjustment has not then already been made under subsection (b) of such section shall, for purposes of section 422 of such Act [42 U.S.C. 622], be considered an overpayment or underpayment (as the case may be) made under section 422 of such Act.”

Credits

1935–2025 · 21 acts
  1. 1935Aug. 14, 1935, ch. 531, title IV, § 422, as added and amended Pub. L. 90–248, title II, § 240(c), (d), , 81 Stat. 912, 915
  2. 1975Pub. L. 93–647, § 3(a)(6), (7), (h), , 88 Stat. 2348, 2349
  3. 1980Pub. L. 96–272, title I, § 103(a), , 94 Stat. 517
  4. 1989Pub. L. 101–239, title X, § 10403(b)(1), , 103 Stat. 2488
  5. 1993Pub. L. 103–66, title XIII, § 13711(b)(1), , 107 Stat. 655
  6. 1994Pub. L. 103–382, title V, § 554, , 108 Stat. 4057
  7. 1994Pub. L. 103–432, title II, §§ 202(a), 204(a), , 108 Stat. 4453, 4456
  8. 1996Pub. L. 104–193, title I, § 108(b), , 110 Stat. 2165
  9. 1997Pub. L. 105–33, title V, § 5592(a)(1)(A), (2), , 111 Stat. 644
  10. 1997Pub. L. 105–89, title I, § 102(1), title II, § 202(a), , 111 Stat. 2117, 2125
  11. 1998Pub. L. 105–200, title IV, § 410(b), , 112 Stat. 673
  12. 2000Pub. L. 106–279, title II, § 205, , 114 Stat. 837
  13. 2006Pub. L. 109–171, title VII, § 7401(b), , 120 Stat. 150
  14. 2006Pub. L. 109–239, § 13, , 120 Stat. 514
  15. 2006Pub. L. 109–288, §§ 6(c), 7(a), , 120 Stat. 1244, 1248
  16. 2008Pub. L. 110–351, title II, § 205, , 122 Stat. 3961
  17. 2010Pub. L. 111–148, title II, § 2955(c), title VI, § 6703(d)(2)(B), , 124 Stat. 352, 803
  18. 2011Pub. L. 112–34, title I, § 101(b), , 125 Stat. 369
  19. 2014Pub. L. 113–183, title I, § 112(a)(2), (b)(2)(A)(i), , 128 Stat. 1926, 1927
  20. 2018Pub. L. 115–123, div. E, title VII, §§ 50732, 50743(a), 50772, , 132 Stat. 251, 260, 268
  21. 2025Pub. L. 118–258, title I, §§ 106(c)–(e), 107(a)(2)(A), 109(a), , 138 Stat. 2952, 2954, 2958.
Show as published

(Aug. 14, 1935, ch. 531, title IV, § 422, as added and amended Pub. L. 90–248, title II, § 240(c), (d), , 81 Stat. 912, 915; Pub. L. 93–647, § 3(a)(6), (7), (h), , 88 Stat. 2348, 2349; Pub. L. 96–272, title I, § 103(a), , 94 Stat. 517; Pub. L. 101–239, title X, § 10403(b)(1), , 103 Stat. 2488; Pub. L. 103–66, title XIII, § 13711(b)(1), , 107 Stat. 655; Pub. L. 103–382, title V, § 554, , 108 Stat. 4057; Pub. L. 103–432, title II, §§ 202(a), 204(a), , 108 Stat. 4453, 4456; Pub. L. 104–193, title I, § 108(b), , 110 Stat. 2165; Pub. L. 105–33, title V, § 5592(a)(1)(A), (2), , 111 Stat. 644; Pub. L. 105–89, title I, § 102(1), title II, § 202(a), , 111 Stat. 2117, 2125; Pub. L. 105–200, title IV, § 410(b), , 112 Stat. 673; Pub. L. 106–279, title II, § 205, , 114 Stat. 837; Pub. L. 109–171, title VII, § 7401(b), , 120 Stat. 150; Pub. L. 109–239, § 13, , 120 Stat. 514; Pub. L. 109–288, §§ 6(c), 7(a), , 120 Stat. 1244, 1248; Pub. L. 110–351, title II, § 205, , 122 Stat. 3961; Pub. L. 111–148, title II, § 2955(c), title VI, § 6703(d)(2)(B), , 124 Stat. 352, 803; Pub. L. 112–34, title I, § 101(b), , 125 Stat. 369; Pub. L. 113–183, title I, § 112(a)(2), (b)(2)(A)(i), , 128 Stat. 1926, 1927; Pub. L. 115–123, div. E, title VII, §§ 50732, 50743(a), 50772, , 132 Stat. 251, 260, 268; Pub. L. 118–258, title I, §§ 106(c)–(e), 107(a)(2)(A), 109(a), , 138 Stat. 2952, 2954, 2958.)

Parsed from the official OLRC USLM XML in data/usc_all/usc42.xml · release point 119-108 · OLRC build 2026-09-09

USLM identifier /us/usc/t42/s622