Title 42 — The Public Health and Welfare
Part B · Chapter 7 — Social Security
§ 629b. State plans
Statutory text
Plan requirements
A State plan meets the requirements of this subsection if the plan—
provides that the State agency shall administer, or supervise the administration of, the State program under this subpart;
sets forth the goals intended to be accomplished under the plan by the end of the 5th fiscal year in which the plan is in operation in the State, and (ii) is updated periodically to set forth the goals intended to be accomplished under the plan by the end of each 5th fiscal year thereafter;
describes the methods to be used in measuring progress toward accomplishment of the goals;
contains assurances that the State—
after the end of each of the 1st 4 fiscal years covered by a set of goals, will perform an interim review of progress toward accomplishment of the goals, and on the basis of the interim review will revise the statement of goals in the plan, if necessary, to reflect changed circumstances; and
after the end of the last fiscal year covered by a set of goals, will perform a final review of progress toward accomplishment of the goals, and on the basis of the final review (I) will prepare, transmit to the Secretary, and make available to the public a final report on progress toward accomplishment of the goals, and (II) will develop (in consultation with the entities required to be consulted pursuant to subsection (b)) and add to the plan a statement of the goals intended to be accomplished by the end of the 5th succeeding fiscal year;
provides for coordination, to the extent feasible and appropriate, of the provision of services under the plan and the provision of services or benefits under other Federal or federally assisted programs serving the same populations;
contains assurances that not more than 10 percent of expenditures under the plan for any fiscal year with respect to which the State is eligible for payment under section 629d of this title for the fiscal year shall be for administrative costs, and that the remaining expenditures shall be for programs of family preservation services, community-based family support services, family reunification services, and adoption promotion and support services, with significant portions of such expenditures for each such program;
contains assurances that the State will—
annually prepare, furnish to the Secretary, and make available to the public a description (including separate descriptions with respect to family preservation services, community-based family support services, family reunification services, and adoption promotion and support services) of—
the service programs to be made available under the plan in the immediately succeeding fiscal year;
the populations which the programs will serve; and
the geographic areas in the State in which the services will be available; and
perform the activities described in subparagraph (A)—
in the case of the 1st fiscal year under the plan, at the time the State submits its initial plan; and
in the case of each succeeding fiscal year, by the end of the 3rd quarter of the immediately preceding fiscal year;
provides for such methods of administration as the Secretary finds to be necessary for the proper and efficient operation of the plan;
contains assurances that Federal funds provided to the State under this subpart will not be used to supplant Federal or non-Federal funds for existing services and activities which promote the purposes of this subpart; and
provides that the State will furnish reports to the Secretary, at such times, in such format, and containing such information as the Secretary may require, that demonstrate the State’s compliance with the prohibition contained in subparagraph (A);
provides that the State agency will furnish such reports, containing such information, and participate in such evaluations, as the Secretary may require; and
provides that, not later than June 30 of each year, the State will submit to the Secretary—
copies of form CFS–101 (including all parts and any successor forms) that report on planned child and family services expenditures by the agency for the immediately succeeding fiscal year; and
copies of form CFS–101 (including all parts and any successor forms) that provide, with respect to the programs authorized under this subpart and subpart 1 and, at State option, other programs included on such forms, for the most recent preceding fiscal year for which reporting of actual expenditures is complete—
the numbers of families and of children served by the State agency;
the population served by the State agency;
the geographic areas served by the State agency; and
the actual expenditures of funds provided to the State agency;
contains assurances that in administering and conducting service programs under the plan, the safety of the children to be served shall be of paramount concern;
describes how the State identifies which populations are at the greatest risk of maltreatment and how services are targeted to the populations; and
provides a description of policies in place, including training for employees, to address child welfare reports and investigations of neglect concerning the living arrangements or subsistence needs of a child with the goal to prevent the separation of a child from a parent of the child solely due to poverty, to ensure access to services described in section 629a(a)(1)(H) of this title.
Approval of plans
In general
The Secretary shall approve a plan that meets the requirements of subsection (a) only if—
the plan was developed jointly by the Secretary and the State, and the State, in developing the plan, consulted with—
appropriate public and nonprofit private agencies;
community-based organizations involved in providing services for children and families in the areas of family preservation, family support, family reunification, foster care, kinship, and adoption promotion and support;
parents with child welfare experience, foster parents, adoptive parents, and kinship caregivers; and
children, youth, and young adults with experience in the child welfare system, including State boards and councils comprised of youth with lived experience who represent the diversity of children in the State to whom the plan would apply; and
the State has made publicly accessible on a website of the State agency a report that outlines how the State has implemented the suggestions of the children and youth referred to in subparagraph (A)(iv).
Plans of Indian tribes or tribal consortia
Exemption from inappropriate requirements
The Secretary may exempt a plan submitted by an Indian tribe or tribal consortium from the requirements of subsection (a)(4) of this section to the extent that the Secretary determines those requirements would be inappropriate to apply to the Indian tribe or tribal consortium, taking into account the resources, needs, and other circumstances of the Indian tribe or tribal consortium.
Special rule
Notwithstanding subparagraph (A) of this paragraph, the Secretary may not approve a plan of an Indian tribe or tribal consortium under this subpart to which (but for this subparagraph) an allotment of less than $10,000 would be made under sections 629c(a) and 629g(c)(1) of this title combined if allotments were made under such sections to all Indian tribes and tribal consortia with plans approved under this subpart with the same or larger numbers of children.
Annual submission of State reports to Congress
In general
The Secretary shall compile the reports required under subsection (a)(8)(B) and, not later than September 30 of each year, submit such compilation to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate.
Information to be included
The compilation shall include the individual State reports and tables that synthesize State information into national totals for each element required to be included in the reports, including planned and actual spending by service category for the program authorized under this subpart and planned spending by service category for the program authorized under subpart 1.
Public accessibility
Not later than September 30 of each year, the Secretary shall publish the compilation on the website of the Department of Health and Human Services in a location easily accessible by the public.
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.
Omnibus Budget Reconciliation Act of 1993
Pub. L. 103–66 title XIII § 13711(a)(2) · 107 Stat. 312
Enacted · 42 U.S.C. § 629b
Aug. 14, 1935, ch. 531, title IV, § 432, as added Pub. L. 103–66, title XIII, § 13711(a)(2), Aug. 10, 1993, 107 Stat. 651
Source evidence
Code source credit
Aug. 14, 1935, ch. 531, title IV, § 432, as added Pub. L. 103–66, title XIII, § 13711(a)(2), Aug. 10, 1993, 107 Stat. 651Enacted provision · exact public law section
(2) by adding at the end the following: “Subpart 2— Family Preservation and Support Services “SEC. 430. PURPOSES; LIMITATIONS ON AUTHORIZATIONS OF APPROPRIATIONS; RESERVATION OF CERTAIN AMOUNTS. “(a) Purposes; Limitations on Authorization of Appropriations.— For the purpose of encouraging and enabling each State to develop and establish, or expand, and to operate a program of family preservation services and community-based family support services, there are authorized to be appropriated to the Secretary the amounts described in subsection (b) for the fiscal years specified in subsection (b). “(b) Description of Amounts.— The amount described in this subsection is— “(1) for fiscal year 1994, $60,000,000; “(2) for fiscal year 1995, $150,000,000; “(3) for fiscal year 1996, $225,000,000; “(4) for fiscal year 1997, $240,000,000: or “(5) for fiscal year 1998, the greater of— “(A) $255,000,000; or “(B) the amount described in this subsection for fiscal year 1997, increased by the inflation percentage applicable to fiscal year 1998. “(c) Inflation Percentage.— For purposes of subsection (b)(5)(B) of this section, the inflation percentage applicable to any fiscal year is the percentage (if any) by which— “(1) the average of the Consumer Price Index (as defined in section 1(f)(5) of the Internal Revenue Code of 1986) for the 12-month period ending on December 31 of the immediately preceding fiscal year; exceeds “(2) the average of the Consumer Price Index (as so defined) for the 12-month period ending on December 31 of the 2nd preceding fiscal year. “(d) Reservation of Certain Amounts.— “(1) Evaluation, research, training, and technical assistance.— The Secretary shall reserve $2,000,000 of the amount described in subsection (b) for fiscal year 1994, and $6,000,000 of the amounts so described for each of fiscal years 1995, 1996, 1997, and 1998, for expenditure by the Secretary— “(A) for research, training, and technical assistance related to the program under this subpart; and “(B) for evaluation of State programs funded under this subpart and any other Federal, State, or local program, regardless of whether federally assisted, that is designed to achieve the same purposes as the program under this subpart. “(2) State court assessments.— The Secretary shall reserve $5,000,000 of the amount described in subsection (b) for fiscal year 1995, and $10,000,000 of the amounts so described for each of fiscal years 1996, 1997, and 1998, for grants under section 13712 of the Omnibus Budget Reconciliation Act of 1993. “(3) Indian tribes.— The Secretary shall reserve 1 percent of the amounts described in subsection (b) for each fiscal year, for allotment to Indian tribes in accordance with section 433(a). “SEC. 431. DEFINITIONS. “(a) In General.— As used in this subpart: “(1) Family preservation services.— The term “family preservation services’ means services for children and families designed to help families (including adoptive and extended families) at risk or in crisis, including— “(A) service programs 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; “(B) preplacement preventive services programs, such as intensive family preservation programs, designed to help children at risk of foster care placement remain with their families; “(C) service programs designed to provide followup care to families to whom a child has been returned after a foster care placement; “(D) respite care of children to provide temporary relief for parents and other caregivers (including foster parents); and “(E) services designed to improve parenting skills (by reinforcing parents’ confidence in their strengths, and helping them to identify where improvement is needed and to obtain assistance in improving those skills) with respect to matters such as child development, family budgeting, coping with stress, health, and nutrition. “(2) Family support services.— The term “family support services’ means community-based services to promote the well-being of children and families designed to increase the strength and stability of families (including adoptive, foster, and extended families), to increase parents’ confidence and competence in their parenting abilities, to afford children a stable and supportive family environment, and otherwise to enhance child development. “(3) State agency.— The term ‘State agency’ means the State agency responsible for administering the program under subpart 1. “(4) State.— The term ‘State’ includes an Indian tribe or tribal organization, in addition to the meaning given such term for purposes of subpart 1. “(5) Tribal organization.— The term “tribal organization’ means the recognized governing body of any Indian tribe. “(6) Indian tribe.— The term Indian tribe’ means any Indian tribe (as defined in section 482(i)(5)) and any Alaska Native organization (as defined in section 482(i)(7)(A)). “(b) Other Terms.— For other definitions of other terms used in this subpart, see section 475. “SEC. 432. STATE PLANS. “(a) Plan Requirements.— A State plan meets the requirements of this subsection if the plan— “(1) provides that the State agency shall administer, or supervise the administration of, the State program under this subpart; “(2) (A) (i) sets forth the goals intended to be accomplished under the plan by the end of the 5th fiscal year in which the plan is in operation in the State, and (ii) is updated periodically to set forth the goals intended to be accomplished under the plan by the end of each 5th fiscal year thereafter; “(B) describes the methods to be used in measuring progress toward accomplishment of the goals; “(C) contains assurances that the State— “(i) after the end of each of the 1st 4 fiscal years covered by a set of goals, will perform an interim review of progress toward accomplishment of the goals, and on the basis of the interim review will revise the statement of goals in the plan, if necessary, to reflect changed circumstances; and “(ii) after the end of the last fiscal year covered by a set of goals, will perform a final review of progress toward accomplishment of the goals, and on the basis of the final review (I) will prepare, transmit to the Secretary, and make available to the public a final report on progress toward accomplishment of the goals, and (II) will develop (in consultation with the entities required to be consulted pursuant to subsection (b)) and add to the plan a statement of the goals intended to be accomplished by the end of the 5th succeeding fiscal year; “(3) provides for coordination, to the extent feasible and appropriate, of the provision of services under the plan and the provision of services or benefits under other Federal or federally assisted programs serving the same populations; “(4) contains assurances that not more than 10 percent of expenditures under the plan for any fiscal year with respect to which the State is eligible for payment under section 434 for the fiscal year shall be for administrative costs, and that the remaining expenditures shall be for programs of family preservation services and community-based family support services with significant portions of such expenditures for each such program; “(5) contains assurances that the State will— “(A) annually prepare, furnish to the Secretary, and make available to the public a description (including separate descriptions with respect to family preservation services and community-based family support services) of— “(i) the service programs to be made available under the plan in the immediately succeeding fiscal year; “(ii) the populations which the programs will serve; and “(iii) the geographic areas in the State in which the services will be available; and “(B) perform the activities described in subparagraph (A)— “(i) in the case of the 1st fiscal year under the plan, at the time the State submits its initial plan; and “(ii) in the case of each succeeding fiscal year, by the end of the 3rd quarter of the immediately preceding fiscal year; “(6) provides for such methods of administration as the Secretary finds to be necessary for the proper and efficient operation of the plan; “(7) (A) contains assurances that Federal funds provided to the State under this subpart will not be used to supplant Federal or non-Federal funds for existing services and activities which promote the purposes of this subpart; and “(B) Reports. provides that the State will furnish reports to the Secretary, at such times, in such format, and containing such information as the Secretary may require, that demonstrate the State’s compliance with the prohibition contained in subparagraph (A); and “(8) Reports. provides that the State agency will furnish such reports, containing such information, and participate in such evaluations, as the Secretary may require. “(b) Approval of Plans.— “(1) In general.— The Secretary shall approve a plan that meets the requirements of subsection (a) only if the plan was developed jointly by the Secretary and the State, after consultation by the State agency with appropriate public and nonprofit private agencies and community-based organizations with experience in administering programs of services for children and families (including family preservation and family support services). “(2) Plans of Indian tribes.— “(A) Exemption from inappropriate requirements.— The Secretary may exempt a plan submitted by an Indian tribe from any requirement of this section that the Secretary determines would be inappropriate to apply to the Indian tribe, taking into account the resources, needs, and other circumstances of the Indian tribe. “(B) Special rule.— Notwithstanding subparagraph (A) of this paragraph, the Secretary may not approve a plan of an Indian tribe under this subpart to which (but for this subparagraph) an allotment of less than $10,000 would be made under section 433(a) if allotments were made under section 433(a) to all Indian tribes with plans approved under this subpart with the same or larger numbers of children. “SEC. 433. ALLOTMENTS TO STATES. “(a) Indian Tribes.— From the amount reserved pursuant to section 430(d)(3) for any fiscal year, the Secretary shall allot to each Indian tribe with a plan approved under this subpart an amount that bears the same ratio to such reserved amount as the number of children in the Indian tribe bears to the total number of children in all Indian tribes with State plans so approved, as determined by the Secretary on the basis of the most current and reliable information available to the Secretary. “(b) Territories.— From the amount described in section 430(b) for any fiscal year that remains after applying section 430(d) for the fiscal year, the Secretary shall allot to each of the jurisdictions of Puerto Rico, Guam, the Virgin Islands, the Northern Mariana Islands, and American Samoa an amount determined in the same manner as the allotment to each of such jurisdictions is determined under section 421. “(c) Other States.— “(1) In general.— From the amount described in section 430(b) for any fiscal year that remains after applying section 430(d) and subsection (b) of this section for the fiscal year, the Secretary shall allot to each State (other than an Indian tribe) which is not specified in subsection (b) of this section an amount equal to such remaining amount multiplied by the food stamp percentage of the State for the fiscal year. “(2) Food stamp percentage defined.— “(A) In general.— As used in paragraph (1) of this subsection, the term food stamp percentage’ means, with respect to a State and a fiscal year, the average monthly number of children receiving food stamp benefits in the State for months in the 3 fiscal years referred to in subparagraph (B) of this paragraph, as determined from sample surveys made under section 16(c) of the Food Stamp Act of 1977, expressed as a percentage of the average monthly number of children receiving food stamp benefits in the States described in such paragraph (1) for months in such 3 fiscal years, as so determined. “(B) Fiscal years used in calculation.— For purposes of the calculation pursuant to subparagraph (A), the Secretary shall use data for the 3 most recent fiscal years, preceding the fiscal year for which the State’s allotment is calculated under this subsection, for which such data are available to the Secretary. “SEC. 434. PAYMENTS TO STATES. “(a) Entitlement.— “(1) General rule.— Except as provided in paragraph (2) of this subsection, each State which has a plan approved under this subpart shall be entitled to payment of the lesser of— “(A) 75 percent of the total expenditures by the State for activities under the plan during the fiscal year or the immediately succeeding fiscal year; or “(B) the allotment of the State under section 433 for the fiscal year. “(2) Special rule.— Upon submission by a State to the Secretary during fiscal year 1994 of an application in such form and containing such information as the Secretary may require (including, if the State is seeking payment of an amount pursuant to subparagraph (B) of this paragraph, a description of the services to be provided with the amount), the State shall be entitled to payment of an amount equal to the sum of— “(A) such amount, not exceeding $1,000,000, from the allotment of the State under section 433 for fiscal year 1994, as the State may require to develop and submit a plan for approval under section 432; and “(B) an amount equal to the lesser of— “(i) 75 percent of the expenditures by the State for services to children and families in accordance with the application and the expenditure rules of section 432(a)(4); or “(ii) the allotment of the State under section 433 for fiscal year 1994, reduced by any amount paid to the State pursuant to subparagraph (A) of this paragraph. “(b) Prohibitions.— “(1) No use of other federal funds for state match.— Each State receiving an amount paid under paragraph (1) or (2)(B) of subsection (a) may not expend any Federal funds to meet the costs of services described in this subpart not covered by the amount so paid. “(2) Availability of funds.— A State may not expend any amount paid under subsection (a)(1) for any fiscal year after the end of the immediately succeeding fiscal year. “(c) Direct Payments to Tribal Organizations of Indian Tribes.— The Secretary shall pay any amount to which an Indian tribe is entitled under this section directly to the tribal organization of the Indian tribe. “SEC. 435. EVALUATIONS. “(a) Evaluations.— “(1) In general.— The Secretary shall evaluate the effectiveness of the programs carried out pursuant to this subpart in accomplishing the purposes of this subpart, and may evaluate any other Federal, State, or local program, regardless of whether federally assisted, that is designed to achieve the same purposes as the program under this subpart, in accordance with criteria established in accordance with paragraph (2). “(2) Criteria to be used.— In developing the criteria to be used in evaluations under paragraph (1), the Secretary shall consult with appropriate parties, such as— “(A) State agencies administering programs under this part and part E; “(B) persons administering child and family services programs (including family preservation and family support programs) for private, nonprofit organizations with an interest in child welfare; and “(C) other persons with recognized expertise in the evaluation of child and family services programs (including family preservation and family support programs) or other related programs. “(b) Coordination of Evaluations.— The Secretary shall develop procedures to coordinate evaluations under this section, to the extent feasible, with evaluations by the States of the effectiveness of programs under this subpart.”.Adoption and Safe Families Act of 1997
Pub. L. 105–89 § 305(b)(1)(A)(i) · 111 Stat. 2115
Substituted · 42 U.S.C. § 629b(a)(4)
Pub. L. 105–89, § 305(b)(1)(A)(i), substituted “, community-based family support services, time-limited family reunification services, and adoption promotion and support services,” for “and community-based family support services”
Source evidence
Code amendment note
Subsec. (a)(4). Pub. L. 105–89, § 305(b)(1)(A)(i), substituted “, community-based family support services, time-limited family reunification services, and adoption promotion and support services,” for “and community-based family support services”.Enacted provision · exact public law section
(i) in paragraph (4), by striking “and community-based family support services” and inserting “, community-based family support services, time-limited family reunification services, and adoption promotion and support services,”; andAdoption and Safe Families Act of 1997
Pub. L. 105–89 § 305(b)(1)(A)(ii) · 111 Stat. 2115
Substituted · 42 U.S.C. § 629b(a)(5)(A)
Pub. L. 105–89, § 305(b)(1)(A)(ii), substituted “, community-based family support services, time-limited family reunification services, and adoption promotion and support services” for “and community-based family support services”
Source evidence
Code amendment note
Subsec. (a)(5)(A). Pub. L. 105–89, § 305(b)(1)(A)(ii), substituted “, community-based family support services, time-limited family reunification services, and adoption promotion and support services” for “and community-based family support services”.Enacted provision · exact public law section
(ii) in paragraph (5)(A), by striking “and community-based family support services” and inserting “, community-based family support services, time-limited family reunification services, and adoption promotion and support services”; andAdoption and Safe Families Act of 1997
Pub. L. 105–89 § 305(c)(1) · 111 Stat. 2115
Added · 42 U.S.C. § 629b(a)(9)
Pub. L. 105–89, § 305(c)(1), added par. (9)
Source evidence
Code amendment note
Subsec. (a)(9). Pub. L. 105–89, § 305(c)(1), added par. (9).Enacted provision · exact public law section
(1) Requiring assurances that the safety of children shall be of paramount concern.—Section 432(a) of the Social Security Act (42 U.S.C. 629b(a)) is amended— (A) by striking “and” at the end of paragraph (7); (B) by striking the period at the end of paragraph (8); and (C) by adding at the end the following: “(9) contains assurances that in administering and conducting service programs under the plan, the safety of the children to be served shall be of paramount concern.”.Adoption and Safe Families Act of 1997
Pub. L. 105–89 § 305(b)(1)(B) · 111 Stat. 2115
Substituted · 42 U.S.C. § 629b(b)(1)
Pub. L. 105–89, § 305(b)(1)(B), substituted “, family support, time-limited family reunification, and adoption promotion and support” for “and family support”
Source evidence
Code amendment note
Subsec. (b)(1). Pub. L. 105–89, § 305(b)(1)(B), substituted “, family support, time-limited family reunification, and adoption promotion and support” for “and family support”.Enacted provision · exact public law section
(B) in subsection (b)(1), by striking “and family support” and inserting family support, time-limited family reunification, and adoption promotion and support”.An Act to repeal the Medicare and Medicaid Coverage Data Bank
Pub. L. 105–200 title IV § 410(c) · 112 Stat. 645
Inserted · 42 U.S.C. § 629b(a)(8)
Pub. L. 105–200 inserted “; and” at end
Source evidence
Code amendment note
Subsec. (a)(8). Pub. L. 105–200 inserted “; and” at end.Enacted provision · exact public law section
(c) Section 432(a)(8) of the Social Security Act (42 U.S.C. 42 USC 629b. 632(a)(8)) is amended by adding “; and” at the end.Child and Family Services Improvement Act of 2006
Pub. L. 109–288 § 3(e)(1) · 120 Stat. 1233
Amended · 42 U.S.C. § 629b(a)(8)
Pub. L. 109–288, § 3(e)(1), designated existing provisions as subpar. (A)
Added · 42 U.S.C. § 629b(a)(8)
Pub. L. 109–288, § 3(e)(1), added subpar. (B)
Source evidence
Code amendment note
Subsec. (a)(8). Pub. L. 109–288, § 3(e)(1), designated existing provisions as subpar. (A) and added subpar. (B).Enacted provision · exact public law section
(1) In general.— Section 432(a)(8) of such Act (42 U.S.C. 629b(a)(8)) is amended— (A) by inserting “(A)” after “(8)”; and (B) by adding at the end the following: “(B) provides that, not later than June 30 of each year, the State will submit to the Secretary— “(i) copies of forms CFS 101–Part I and CFS 101–Part II (or any successor forms) that report on planned child and family services expenditures by the agency for the immediately succeeding fiscal year; and “(ii) copies of forms CFS 101–Part I and CFS 101–Part II (or any successor forms) that provide, with respect to the programs authorized under this subpart and subpart 1 and, at State option, other programs included on such forms, for the most recent preceding fiscal year for which reporting of actual expenditures is complete— “(I) the numbers of families and of children served by the State agency; “(II) the population served by the State agency; “(III) the geographic areas served by the State agency; and “(IV) the actual expenditures of funds provided to the State agency; and” .Child and Family Services Improvement Act of 2006
Pub. L. 109–288 § 5(b)(3)(A)(i) · 120 Stat. 1233
Inserted · 42 U.S.C. § 629b(b)(2)
Pub. L. 109–288, § 5(b)(3)(A)(i), inserted “or tribal consortia” after “tribes” in heading
Source evidence
Code amendment note
Subsec. (b)(2). Pub. L. 109–288, § 5(b)(3)(A)(i), inserted “or tribal consortia” after “tribes” in heading.Enacted provision · exact public law section
(i) in the paragraph heading, by inserting “or tribal consortia” after “tribes”;Child and Family Services Improvement Act of 2006
Pub. L. 109–288 § 5(c) · 120 Stat. 1233
Substituted · 42 U.S.C. § 629b(b)(2)(A)
Pub. L. 109–288, § 5(c), substituted “the requirements of subsection (a)(4) of this section to the extent that the Secretary determines those requirements” for “any requirement of this section that the Secretary determines”
Source evidence
Code amendment note
Subsec. (b)(2)(A). Pub. L. 109–288, § 5(c), substituted “the requirements of subsection (a)(4) of this section to the extent that the Secretary determines those requirements” for “any requirement of this section that the Secretary determines”.Enacted provision · exact public law section
(c) Collection of Data on Tribal Promoting Safe and Stable Families Plans.— Section 432(b)(2)(A) of such Act (42 U.S.C. 629b(b)(2)(A)), as amended by subsection (b)(3)(A)(ii) of this section, is amended by striking “any requirement of this section that the Secretary determines” and inserting “the requirements of subsection (a)(4) of this section to the extent that the Secretary determines those requirements”.Child and Family Services Improvement Act of 2006
Pub. L. 109–288 § 5(b)(3)(A)(ii) · 120 Stat. 1233
Inserted · 42 U.S.C. § 629b(b)(2)(A)
Pub. L. 109–288, § 5(b)(3)(A)(ii), inserted “or tribal consortium” after “Indian tribe” wherever appearing
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 109–288, § 5(b)(3)(A)(ii), inserted “or tribal consortium” after “Indian tribe” wherever appearing.Enacted provision · exact public law section
(ii) in subparagraph (A), by inserting “or tribal consortium” after “Indian tribe” each place it appears; andChild and Family Services Improvement Act of 2006
Pub. L. 109–288 § 5(b)(3)(A)(iii) · 120 Stat. 1233
Inserted · 42 U.S.C. § 629b(b)(2)(B)
Pub. L. 109–288, § 5(b)(3)(A)(iii), inserted “or tribal consortium” after “Indian tribe” and “and tribal consortia” after “Indian tribes”
Source evidence
Code amendment note
Subsec. (b)(2)(B). Pub. L. 109–288, § 5(b)(3)(A)(iii), inserted “or tribal consortium” after “Indian tribe” and “and tribal consortia” after “Indian tribes”.Enacted provision · exact public law section
(iii) in subparagraph (B)— (I) by inserting “or tribal consortium” after “Indian tribe”; and (II) by inserting “and tribal consortia” after “Indian tribes”.Child and Family Services Improvement Act of 2006
Pub. L. 109–288 § 3(e)(2) · 120 Stat. 1233
Added · 42 U.S.C. § 629b(c)
Pub. L. 109–288, § 3(e)(2), added subsec. (c)
Source evidence
Code amendment note
Subsec. (c). Pub. L. 109–288, § 3(e)(2), added subsec. (c).Enacted provision · exact public law section
(2) Annual submission of state reports to congress.— Section 432 of such Act (42 U.S.C. 629b) is amended by adding at the end the following: “(c) Annual Submission of State Reports to Congress.— The Secretary shall compile the reports required under subsection (a)(8)(B) and, not later than September 30 of each year, submit such compilation to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate.” .Child and Family Services Improvement and Innovation Act
Pub. L. 112–34 § 102(g)(1) · 125 Stat. 371
Substituted · 42 U.S.C. § 629b(a)(8)(B)(i); 42 U.S.C. § 629b(a)(8)(B)(ii)
Pub. L. 112–34, § 102(g)(1), substituted “form CFS–101 (including all parts and any successor forms)” for “forms CFS 101–Part I and CFS 101–Part II (or any successor forms)”
Source evidence
Code amendment note
Subsec. (a)(8)(B)(i), (ii). Pub. L. 112–34, § 102(g)(1), substituted “form CFS–101 (including all parts and any successor forms)” for “forms CFS 101–Part I and CFS 101–Part II (or any successor forms)”.Enacted provision · exact public law section
(1) Section 432(a)(8)(B) of the Social Security Act (42 U.S.C. 629b(a)(8)(B)) is amended in each of clauses (i) and (ii) by striking “forms CFS 101–Part I and CFS 101–Part II (or any successor forms)” and inserting “form CFS–101 (including all parts and any successor forms)”.Child and Family Services Improvement and Innovation Act
Pub. L. 112–34 § 102(b) · 125 Stat. 371
Added · 42 U.S.C. § 629b(a)(10)
Pub. L. 112–34, § 102(b), added par. (10)
Source evidence
Code amendment note
Subsec. (a)(10). Pub. L. 112–34, § 102(b), added par. (10).Enacted provision · exact public law section
(b) Targeting of Services to Populations at Greatest Risk of Maltreatment.— Section 432(a) of such Act (42 U.S.C. 629b(a)) is amended— (1) by striking “and” at the end of paragraph (8); (2) by striking the period at the end of paragraph (9) and inserting “; and”; and (3) by adding at the end the following: “(10) describes how the State identifies which populations are at the greatest risk of maltreatment and how services are targeted to the populations.” .Child and Family Services Improvement and Innovation Act
Pub. L. 112–34 § 102(e) · 125 Stat. 371
Amended · 42 U.S.C. § 629b(c)
Pub. L. 112–34, § 102(e), designated existing provisions as par. (1)
Inserted · 42 U.S.C. § 629b(c)
Pub. L. 112–34, § 102(e), inserted heading
Added · 42 U.S.C. § 629b(c)
Pub. L. 112–34, § 102(e), added pars. (2) and (3)
Source evidence
Code amendment note
Subsec. (c). Pub. L. 112–34, § 102(e), designated existing provisions as par. (1), inserted heading, and added pars. (2) and (3).Enacted provision · exact public law section
(e) Submission to Congress of State Summaries of Financial Data; Publication on HHS Website.— Section 432(c) of such Act (42 U.S.C. 629b(c)) is amended— (1) by striking all that precedes “shall” and inserting the following: “(c) Annual Submission of State Reports to Congress.— “(1) In general.— The Secretary” ; and (2) by adding after and below the end the following: “(2) Information to be included.— The compilation shall include the individual State reports and tables that synthesize State information into national totals for each element required to be included in the reports, including planned and actual spending by service category for the program authorized under this subpart and planned spending by service category for the program authorized under subpart 1. “(3) Public accessibility.— Not later than September 30 of each year, the Secretary shall publish the compilation on the website of the Department of Health and Human Services in a location easily accessible by the public.” .Bipartisan Budget Act of 2018
Pub. L. 115–123 § 50721(b)(2) · 132 Stat. 64
Struck · 42 U.S.C. § 629b(a)(4)
Pub. L. 115–123, § 50721(b)(2), struck out “time-limited” before “family reunification services”
Source evidence
Code amendment note
Subsec. (a)(4). Pub. L. 115–123, § 50721(b)(2), struck out “time-limited” before “family reunification services”.Enacted provision · exact public law section
(2) Subsections (a)(4), (a)(5)(A), and (b)(1) of section 432 of such Act (42 U.S.C. 629b) are amended by striking “time-limited” each place it appears.Bipartisan Budget Act of 2018
Pub. L. 115–123 § 50721(b)(2) · 132 Stat. 64
Struck · 42 U.S.C. § 629b(a)(5)(A)
Pub. L. 115–123, § 50721(b)(2), struck out “time-limited” before “family reunification services” in introductory provisions
Source evidence
Code amendment note
Subsec. (a)(5)(A). Pub. L. 115–123, § 50721(b)(2), struck out “time-limited” before “family reunification services” in introductory provisions.Enacted provision · exact public law section
(2) Subsections (a)(4), (a)(5)(A), and (b)(1) of section 432 of such Act (42 U.S.C. 629b) are amended by striking “time-limited” each place it appears.Bipartisan Budget Act of 2018
Pub. L. 115–123 § 50721(b)(2) · 132 Stat. 64
Struck · 42 U.S.C. § 629b(b)(1)
Pub. L. 115–123, § 50721(b)(2), struck out “time-limited” before “family reunification”
Source evidence
Code amendment note
Subsec. (b)(1). Pub. L. 115–123, § 50721(b)(2), struck out “time-limited” before “family reunification”.Enacted provision · exact public law section
(2) Subsections (a)(4), (a)(5)(A), and (b)(1) of section 432 of such Act (42 U.S.C. 629b) are amended by striking “time-limited” each place it appears.Pub. L. 118–258 § 111(b) · 138 Stat. 2955
Added · 42 U.S.C. § 629b(a)(11)
Pub. L. 118–258, § 111(b), added par. (11)
Unresolved: Pub. L. 118–258 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (a)(11). Pub. L. 118–258, § 111(b), added par. (11).Effective date note
Amendment by Pub. L. 118–258 effective Oct. 1, 2025, and applicable to payments under this part for calendar quarters beginning on or after such date, with delay permitted if either State legislation or tribal action is required to meet additional requirements, see section 117 of Pub. L. 118–258, set out as a note under section 622 of this title.Pub. L. 118–258 § 109(b) · 138 Stat. 2955
Amended · 42 U.S.C. § 629b(b)(1)
Pub. L. 118–258, § 109(b), amended par. (1) generally. Prior to amendment, text read as follows: “The Secretary shall approve a plan that meets the requirements of subsection (a) only if the plan was developed jointly by the Secretary and the State, after consultation by the State agency with appropriate public and nonprofit private agencies and community-based organizations with experience in administering programs of services for children and families (including family preservation, family support, family reunification, and adoption promotion and support 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, § 109(b), amended par. (1) generally. Prior to amendment, text read as follows: “The Secretary shall approve a plan that meets the requirements of subsection (a) only if the plan was developed jointly by the Secretary and the State, after consultation by the State agency with appropriate public and nonprofit private agencies and community-based organizations with experience in administering programs of services for children and families (including family preservation, family support, family reunification, and adoption promotion and support services).”Effective date note
Amendment by Pub. L. 118–258 effective Oct. 1, 2025, and applicable to payments under this part for calendar quarters beginning on or after such date, with delay permitted if either State legislation or tribal action is required to meet additional requirements, see section 117 of Pub. L. 118–258, set out as a note under section 622 of this title.Pub. L. 118–258 § 107(b)(1) · 138 Stat. 2955
Substituted · 42 U.S.C. § 629b(b)(2)(B)
Pub. L. 118–258, § 107(b)(1), substituted “would be made under sections 629c(a) and 629g(c)(1) of this title combined” for “would be made under section 629c(a) of this title”
Substituted · 42 U.S.C. § 629b(b)(2)(B)
Pub. L. 118–258, § 107(b)(1), substituted “if allotments were made under such sections” for “if allotments were made under section 629c(a) of this title”
Unresolved: Pub. L. 118–258 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (b)(2)(B). Pub. L. 118–258, § 107(b)(1), substituted “would be made under sections 629c(a) and 629g(c)(1) of this title combined” for “would be made under section 629c(a) of this title” and “if allotments were made under such sections” for “if allotments were made under section 629c(a) of this title”.Effective date note
Amendment by Pub. L. 118–258 effective Oct. 1, 2025, and applicable to payments under this part for calendar quarters beginning on or after such date, with delay permitted if either State legislation or tribal action is required to meet additional requirements, see section 117 of Pub. L. 118–258, set out as a note under section 622 of this title.
21 of 25 references resolved to an enrolled provision · 4 unresolved
Editorial Notes
Prior Provisions
A prior section 432 of act , was classified to section 632 of this title prior to repeal by Pub. L. 100–485.
Amendments1997–2025 · 6 rounds
2025
Subsec. (a)(11). Pub. L. 118–258, § 111(b), added par. (11).
Subsec. (b)(1). Pub. L. 118–258, § 109(b), amended par. (1) generally. Prior to amendment, text read as follows: “The Secretary shall approve a plan that meets the requirements of subsection (a) only if the plan was developed jointly by the Secretary and the State, after consultation by the State agency with appropriate public and nonprofit private agencies and community-based organizations with experience in administering programs of services for children and families (including family preservation, family support, family reunification, and adoption promotion and support services).”
Subsec. (b)(2)(B). Pub. L. 118–258, § 107(b)(1), substituted “would be made under sections 629c(a) and 629g(c)(1) of this title combined” for “would be made under section 629c(a) of this title” and “if allotments were made under such sections” for “if allotments were made under section 629c(a) of this title”.
2018
Subsec. (a)(4). Pub. L. 115–123, § 50721(b)(2), struck out “time-limited” before “family reunification services”.
Subsec. (a)(5)(A). Pub. L. 115–123, § 50721(b)(2), struck out “time-limited” before “family reunification services” in introductory provisions.
Subsec. (b)(1). Pub. L. 115–123, § 50721(b)(2), struck out “time-limited” before “family reunification”.
2011
Subsec. (a)(8)(B)(i), (ii). Pub. L. 112–34, § 102(g)(1), substituted “form CFS–101 (including all parts and any successor forms)” for “forms CFS 101–Part I and CFS 101–Part II (or any successor forms)”.
Subsec. (a)(10). Pub. L. 112–34, § 102(b), added par. (10).
Subsec. (c). Pub. L. 112–34, § 102(e), designated existing provisions as par. (1), inserted heading, and added pars. (2) and (3).
2006
Subsec. (a)(8). Pub. L. 109–288, § 3(e)(1), designated existing provisions as subpar. (A) and added subpar. (B).
Subsec. (b)(2). Pub. L. 109–288, § 5(b)(3)(A)(i), inserted “or tribal consortia” after “tribes” in heading.
Subsec. (b)(2)(A). Pub. L. 109–288, § 5(c), substituted “the requirements of subsection (a)(4) of this section to the extent that the Secretary determines those requirements” for “any requirement of this section that the Secretary determines”.
Pub. L. 109–288, § 5(b)(3)(A)(ii), inserted “or tribal consortium” after “Indian tribe” wherever appearing.
Subsec. (b)(2)(B). Pub. L. 109–288, § 5(b)(3)(A)(iii), inserted “or tribal consortium” after “Indian tribe” and “and tribal consortia” after “Indian tribes”.
Subsec. (c). Pub. L. 109–288, § 3(e)(2), added subsec. (c).
1998
Subsec. (a)(8). Pub. L. 105–200 inserted “; and” at end.
1997
Subsec. (a)(4). Pub. L. 105–89, § 305(b)(1)(A)(i), substituted “, community-based family support services, time-limited family reunification services, and adoption promotion and support services,” for “and community-based family support services”.
Subsec. (a)(5)(A). Pub. L. 105–89, § 305(b)(1)(A)(ii), substituted “, community-based family support services, time-limited family reunification services, and adoption promotion and support services” for “and community-based family support services”.
Subsec. (a)(9). Pub. L. 105–89, § 305(c)(1), added par. (9).
Subsec. (b)(1). Pub. L. 105–89, § 305(b)(1)(B), substituted “, family support, time-limited family reunification, and adoption promotion and support” for “and family support”.
Statutory Notes and Related Subsidiaries
Effective Date of 2025 Amendment
Amendment by Pub. L. 118–258 effective , and applicable to payments under this part for calendar quarters beginning on or after such date, with delay permitted if either State legislation or tribal action is required to meet additional requirements, see section 117 of Pub. L. 118–258, set out as a note under section 622 of this title.
Effective Date of 2018 Amendment
Amendment by Pub. L. 115–123 effective , subject to transition rules for required State legislation or tribal action, see section 50734 of Pub. L. 115–123, set out as a note under section 622 of this title.
Effective Date of 2011 Amendment
Amendment by Pub. L. 112–34 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 107 of Pub. L. 112–34, set out as a note under section 622 of this title.
Effective Date of 2006 Amendment
Pub. L. 109–288, § 3(e)(3), , 120 Stat. 1236, provided that: “The amendments made by this subsection [amending this section] take effect on the date of enactment of this Act []. Each State with an approved plan under subpart 1 or 2 of part B of title IV of the Social Security Act [42 U.S.C. 620 et seq., 629 et seq.] shall make its initial submission of the forms required under section 432(a)(8)(B) of the Social Security Act [42 U.S.C. 629b(a)(8)(B)] to the Secretary of Health and Human Services by , and the Secretary of Health and Human Services shall submit the first compilation required under section 432(c) of the Social Security Act [42 U.S.C. 629b(c)] by .”
Amendment by Pub. L. 109–288 effective , except as otherwise provided, 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.
Effective Date of 1997 Amendment
Amendment by Pub. L. 105–89 effective , except as otherwise provided, with delay permitted if State legislation is required, see section 501 of Pub. L. 105–89, set out as a note under section 622 of this title.
Credits
1935–2025 · 7 acts
- 1935Aug. 14, 1935, ch. 531, title IV, § 432, as added Pub. L. 103–66, title XIII, § 13711(a)(2), , 107 Stat. 651
- 1997amended Pub. L. 105–89, title III, § 305(b)(1), (c)(1), , 111 Stat. 2130, 2131
- 1998Pub. L. 105–200, title IV, § 410(c), , 112 Stat. 673
- 2006Pub. L. 109–288, §§ 3(e)(1), (2), 5(b)(3)(A), (c), , 120 Stat. 1235, 1243, 1244
- 2011Pub. L. 112–34, title I, § 102(b), (e), (g)(1), , 125 Stat. 371, 372
- 2018Pub. L. 115–123, div. E, title VII, § 50721(b)(2), , 132 Stat. 245
- 2025Pub. L. 118–258, title I, §§ 107(b)(1), 109(b), 111(b), , 138 Stat. 2955, 2958, 2961.
Show as published
(Aug. 14, 1935, ch. 531, title IV, § 432, as added Pub. L. 103–66, title XIII, § 13711(a)(2), , 107 Stat. 651; amended Pub. L. 105–89, title III, § 305(b)(1), (c)(1), , 111 Stat. 2130, 2131; Pub. L. 105–200, title IV, § 410(c), , 112 Stat. 673; Pub. L. 109–288, §§ 3(e)(1), (2), 5(b)(3)(A), (c), , 120 Stat. 1235, 1243, 1244; Pub. L. 112–34, title I, § 102(b), (e), (g)(1), , 125 Stat. 371, 372; Pub. L. 115–123, div. E, title VII, § 50721(b)(2), , 132 Stat. 245; Pub. L. 118–258, title I, §§ 107(b)(1), 109(b), 111(b), , 138 Stat. 2955, 2958, 2961.)