§ 672. Foster care maintenance payments program

Footnotes

1. 1 See References in Text note below.

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. 1935

   Adoption Assistance and Child Welfare Act of 1980

   Pub. L. 96–272 title I · 94 Stat. 500

   Enacted · 42 U.S.C. § 672

   Aug. 14, 1935, ch. 531, title IV, § 472, as added and amended Pub. L. 96–272, title I, §§ 101(a)(1), 102(a)(1), (2), June 17, 1980, 94 Stat. 503, 513, 514

   Source evidence

   Code source credit
   Aug. 14, 1935, ch. 531, title IV, § 472, as added and amended Pub. L. 96–272, title I, §§ 101(a)(1), 102(a)(1), (2), June 17, 1980, 94 Stat. 503, 513, 514

   Enacted provision · exact public law
   TITLE I— FOSTER CARE AND ADOPTION ASSISTANCE Sec. 101. federal payments for foster care and adoption assistance (a) (1) Title IV of the Social Security Act is amended by adding at the end thereof the following new part: “Part E— Federal Payments for Foster Care and Adoption Assistance “Sec. 470. “purpose: appropriation For the purpose of enabling each State to provide, in 42 USC 670. appropriate cases, foster care and adoption assistance for children who otherwise would be eligible for assistance under the State’s plan approved under part A (or, in the case of adoption assistance, would 42 USC 601. 42 USC 1381. be eligible for benefits under title XVI), there are authorized to be appropriated for each fiscal year (commencing with the fiscal year which begins October 1, 1980) such sums as may be necessary to carry out the provisions of this part. The sums made available under this section shall be used for making payments to States which have submitted, and had approved by the Secretary, State plans under this part. “Sec. 471. “state plan for foster care and adoption assistance (a) In order for a State to be eligible for payments under 42 USC 671. this part, it shall have a plan approved by the Secretary which— “(1) provides for foster care maintenance payments in accordance with section 472 and for adoption assistance payments in accordance with section 473; “(2) provides that the State agency responsible for administering the program authorized by part B of this title shall administer, Post, p. 516. or supervise the administration of, the program authorized by this part; “(3) provides that the plan shall be in effect in all political subdivisions of the State, and, if administered by them, be mandatory upon them; “(4) provides that the State shall assure that the programs at the local level assisted under this part will be coordinated with the programs at the State or local level assisted under parts A and B of this title, under title XX of this Act, and under any other 42 USC 601, post, p. 516, 42 USC 1397. appropriate provision of Federal law; “(5) provides that the State will, in the administration of its programs under this part, use such methods relating to the establishment and maintenance of personnel standards on a merit basis as are found by the Secretary to be necessary for the proper and efficient operation of the programs, except that the Secretary shall exercise no authority with respect to the selection, tenure of office, or compensation of any individual employed in accordance with such methods; “(6) provides that the State agency referred to in paragraph (2) State agency. (hereinafter in this part referred to as the ‘State agency’) will make such reports, in such form and containing such information as the Secretary may from time to time require, and comply with such provisions as the Secretary may from time to time find necessary to assure the correctness and verification of such reports; “(7) provides that the State agency will monitor and conduct periodic evaluations of activities carried out under this part; “(8) provides safeguards which restrict the use of or disclosure of information concerning individuals assisted under the State plan to purposes directly connected with (A) the administration of the plan of the State approved under this part, the plan or 42 USC 601, post, p. 516, 42 USC 630, 651. 42 USC 301, 701, 1201, 1351, 1381, 1396, 1397. 42 USC 1381. program of the State under part A, B, C, or D of this title or under title I, V, X, XIV, XVI (as in effect in Puerto Rico, Guam, and the Virgin Islands), XIX, or XX, or the supplemental security income program established by title XVI, (B) any investigation, prosecution, or criminal or civil proceeding, conducted in connection with the administration of any such plan or program, (C) the administration of any other Federal or federally assisted program which provides assistance, in cash or in kind, or services, directly to individuals on the basis of need, and (D) any audit or similar activity conducted in connection with the administration of any such plan or program by any governmental agency which is authorized by law to conduct such audit or activity; and the safeguards so provided shall prohibit disclosure, to any committee or legislative body (other than an agency referred to in clause (D) with respect to an activity referred to in such clause), of any information which identifies by name or address any such applicant or recipient; except that nothing contained herein shall preclude a State from providing standards which restrict disclosures to purposes more limited than those specified herein, or which, in the case of adoptions, prevent disclosure entirely; “(9) provides that where any agency of the State has reason to believe that the home or institution in which a child resides whose care is being paid for in whole or in part with funds Post, p. 516. provided under this part or part B of this title is unsuitable for the child because of the neglect, abuse, or exploitation of such child, it shall bring such condition to the attention of the appropriate court or law enforcement agency; “(10) provides that the standards referred to in section 42 USC 1397b. 2003(d)(1)(F) shall be applied by the State to any foster family home or child care institution receiving funds under this part or part B of this title; “(11) provides for periodic review of the standards referred to in the preceding paragraph and amounts paid as foster care maintenance payments and adoption assistance payments to assure their continuing appropriateness; “(12) provides for granting an opportunity for a fair hearing before the State agency to any individual whose claim for benefits available pursuant to this part is denied or is not acted upon with reasonable promptness; “(13) provides that the State shall arrange for a periodic and independently conducted audit of the programs assisted under this part and part B of this title, which shall be conducted no less frequently than once every three years; “(14) provides (A) specific goals (which shall be established by State law on or before October 1, 1982) for each fiscal year (commencing with the fiscal year which begins on October 1, 1983) as to the maximum number of children (in absolute numbers or as a percentage of all children in foster care with respect to whom assistance under the plan is provided during such year) who, at any time during such year, will remain in foster care after having been in such care for a period in excess of twenty-four months, and (B) a description of the steps which will be taken by the State to achieve such goals; “(15) effective October 1, 1983, provides that, in each case, reasonable efforts will be made (A) prior to the placement of a child in foster care, to prevent or eliminate the need for removal of the child from his home, and (B) to make it possible for the child to return to his home; and “(16) provides for the development of a case plan (as defined in Case plan and case review system. section 475(1)) for each child receiving foster care maintenance payments under the State plan and provides for a case review system which meets the requirements described in section 475(5)(B) with respect to each such child. “(b) The Secretary shall approve any plan which complies with the Plan approval. provisions of subsection (a) of this section. However, in any case in which the Secretary finds, after reasonable notice and opportunity for a hearing, that a State plan which has been approved by the Secretary no longer complies with the provisions of subsection (a), or that in the administration of the plan there is a substantial failure to comply with the provisions of the plan, the Secretary shall notify the State that further payments will not be made to the State under this part, or that such payments will be made to the State but reduced by an amount which the Secretary determines appropriate, until the Secretary is satisfied that there is no longer any such failure to comply, and until he is so satisfied he shall make no further payments to the State, or shall reduce such payments by the amount specified in his notification to the State. “Sec. 472. “foster care maintenance payments program (a) Each State with a plan approved under this part shall 42 USC 672, post, p. 513. make foster care maintenance payments (as defined in section 475(4)) under this part with respect to a child who would meet the requirements of section 406(a) or of section 407 but for his removal from the 42 USC 606, 607. home of a relative (specified in section 406(a)), if— “(1) the removal from the home was the result of a judicial determination to the effect that continuation therein would be contrary to the welfare of such child and (effective October 1, 1983) that reasonable efforts of the type described in section 471(a)(15) have been made; “(2) such child’s placement and care are the responsibility of (A) the State agency administering the State plan approved under section 471, or (B) any other public agency with whom the State agency administering or supervising the administration of the State plan approved under section 471 has made an agreement which is still in effect; “(3) such child has been placed in a foster family home or child-care institution as a result of a determination referred to in paragraph (1); and “(4) such child— “(A) received aid under the State plan approved under section 402 in or for the month in which court proceedings 42 USC 602. leading to the removal of such child from the home were initiated, or “(B) (i) would have received such aid in or for such month if application had been made therefor, or (ii) had been living 42 USC 606. with a relative specified in section 406(a) within six months prior to the month in which such proceedings were initiated, and would have received such aid in or for such month if in such month he had been living with such a relative and application therefor had been made. “(b) Foster care maintenance payments may be made under this part only on behalf of a child described in subsection (a) of this section who is— “(1) in the foster family home of an individual, whether the payments therefor are made to such individual or to a public or nonprofit private child-placement or child-care agency, or “(2) in a child-care institution, whether the payments therefor are made to such institution or to a public or nonprofit private child-placement or child-care agency, which payments shall be limited so as to include in such payments only those items which are included in the term ‘foster care maintenance payments’ (as defined in section 475(4)). “(c) For the purposes of this part, (1) the term ‘foster family home’ means a foster family home for children which is licensed by the State in which it is situated or has been approved, by the agency of such State having responsibility for licensing homes of this type, as “Child-care institution.” meeting the standards established for such licensing; and (2) the term ‘child-care institution’ means a nonprofit private child-care institution, or a public child-care institution which accommodates no more than twenty-five children, which is licensed by the State in which it is situated or has been approved, by the agency of such State responsible for licensing or approval of institutions of this type, as meeting the standards established for such licensing, but the term shall not include detention facilities, forestry camps, training schools, or any other facility operated primarily for the detention of children who are determined to be delinquent. “(d) For purposes of titles XIX and XX, any child with respect to whom foster care maintenance payments are made under this section 42 USC 606. shall be deemed to be a dependent child as defined in section 406 and shall be deemed to be a recipient of aid to families with dependent 42 USC 601. children under part A of this title. “Sec. 473. “Adoption Assistance Program (a) (1) Each State with a plan approved under this part shall, directly through the State agency or through another public or nonprofit private agency, make adoption assistance payments pursuant to an adoption assistance agreement in amounts determined under paragraph (2) of this subsection to parents who, after the effective date of this section, adopt a child who— “(A) (i) at the time adoption proceedings were initiated, met the 42 USC 606, 607. requirements of section 406(a) or section 407 or would have met such requirements except for his removal from the home of a relative (specified in section 406(a)) as a result of a judicial determination to the effect that continuation therein would be contrary to the welfare of such child, or “(ii) meets all of the requirements of title XVI with respect to eligibility for supplemental security income benefits, “(B) (i) received aid under the State plan approved under 42 USC 602. section 402 in or for the month in which court proceedings leading to the removal of such child from the home were initiated, or “(ii) (I) would have received such aid in or for such month if application had been made therefor, or (II) had been living with a relative specified in section 406(a) within six months prior to the 42 USC 606. month in which such proceedings were initiated, and would have received such aid in or for such month if in such month he had been living with such a relative and application therefor had been made, or “(iii) is a child described in subparagraph (A)(ii), and “(C) has been determined by the State, pursuant to subsection (c) of this section, to be a child with special needs. “(2) The amount of the adoption assistance payments shall be Amount of payment. determined through agreement between the adoptive parents and the State or local agency administering the program under this section, which shall take into consideration the circumstances of the adopting parents and the needs of the child being adopted, and may be readjusted periodically, with the concurrence of the adopting parents (which may be specified in the adoption assistance agreement), depending upon changes in such circumstances. However, in no case may the amount of the adoption assistance payment exceed the foster care maintenance payment which would have been paid during the period if the child with respect to whom the adoption assistance payment is made had been in a foster family home. “(3) Notwithstanding the preceding paragraph, (A) no payment Restrictions. may be made to parents with respect to any child who has attained the age of eighteen (or, where the State determines that the child has a mental or physical handicap which warrants the continuation of assistance, the age of twenty-one), and (B) no payment may be made to parents with respect to any child if the State determines that the parents are no longer legally responsible for the support of the child or if the State determines that the child is no longer receiving any support from such parents. Parents who have been receiving adoption assistance payments under this section shall keep the State or local agency administering the program under this section informed of circumstances which would, pursuant to this subsection, make them ineligible for such assistance payments, or eligible for assistance payments in a different amount. “(4) For purposes of this part, individuals with whom a child (who has been determined by the State, pursuant to subsection (c), to be a child with special needs) is placed for adoption, pursuant to an interlocutory decree, shall be eligible for adoption assistance payments under this subsection, during the period of the placement, on the same terms and subject to the same conditions as if such individuals had adopted such child. “(b) For purposes of titles XIX and XX, any child with respect to 42 USC 1396, 1397. whom adoption assistance payments are made under this section shall be deemed to be a dependent child as defined in section 406 and 42 USC 606. shall be deemed to be a recipient of aid to families with dependent children under part A of this title. 42 USC 601. Child with special needs. “(c) For purposes of this section, a child shall not be considered a child with special needs unless— “(1) the State has determined that the child cannot or should not be returned to the home of his parents; and “(2) the State had first determined (A) that there exists with respect to the child a specific factor or condition (such as his ethnic background, age, or membership in a minority or sibling group, or the presence of factors such as medical conditions or physical, mental, or emotional handicaps) because of which it is reasonable to conclude that such child cannot be placed with adoptive parents without providing adoption assistance, and (B) that, except where it would be against the best interests of die child because of such factors as the existence of significant emotional ties with prospective adoptive parents while in the care of such parents as a foster child, a reasonable, but unsuccessful, effort has been made to place the child with appropriate adoptive parents without providing adoption assistance under this section. “Sec. 474. “payments to states; allotments to states (a) For each quarter beginning after September 30, 1980, each State which has a plan approved under this part (subject to the limitations imposed by subsection (b)) shall be entitled to a payment equal to the sum of— “(1) an amount equal to the Federal medical assistance percentage (as defined in section 1905(b) of this Act) of the total amount expended during such quarter as foster care maintenance payments under section 472 for children in foster family homes or child-care institutions; plus “(2) an amount equal to the Federal medical assistance percentage (as defined in section 1905(b) of this Act) of the total amount expended during such quarter as adoption assistance payments under section 473 pursuant to adoption assistance agreements; plus “(3) an amount equal to the sum of the following proportions of the total amounts expended during such quarter as found necessary by the Secretary for the proper and efficient administration of the State plan— “(A) 75 per centum of so much of such expenditures as are for the training (including both short- and long-term training at educational institutions through grants to such institutions or by direct financial assistance to students enrolled in such institutions) of personnel employed or preparing for employment by the State agency or by the local agency administering the plan in the political subdivision, and “(B) one-half of the remainder of such expenditures. “(b) (1) Notwithstanding the provisions of subsections (a)(1) and (a)(3), the aggregate of the sums payable thereunder to any State 42 USC 1308. Post, pp. 526,529, 530. (other than a State subject to limitation under section 1108(a)) with respect to expenditures relating to foster care, for the calendar quarters in any of the fiscal years 1981 through 1984 in which the conditions set forth in paragraph (2) are met, shall not exceed the State’s allotment for such year. “(2) (A) The limitation in paragraph (1) shall apply— “(i) with respect to fiscal year 1981, only if the amount appropriated under section 420 for such fiscal year is equal to or greater than $163,550,000; “(ii) with respect to fiscal year 1982, only if the amount 42 USC 620. appropriated under section 420 for such fiscal year is equal to or greater than $220,000,000; “(iii) with respect to fiscal year 1983, only if the amount appropriated under section 420 for such fiscal year is equal to $266,000,000; and “(iv) with respect to fiscal year 1984, only if the amount appropriated under section 420 for such fiscal year is equal to $266,000,000. “(B) The limitations set forth in paragraph (1) with respect to the fiscal years 1982 through 1984 shall apply only if the required appropriation is made in advance in an appropriation Act (as authorized under section 420(b)) for the fiscal year 42 USC 620. preceding the fiscal year to which the limitation would apply. “(3) For purposes of this subsection, a State’s allotment for any fiscal year shall be the greater of— “(A) the amount determined under paragraph (4); “(B) an amount which bears the same ratio to $100,000,000 as the under age eighteen population of such State bears to the under age eighteen population of the fifty States and the District of Columbia; or “(C) at the option of the State, an amount determined under paragraph (5), out only in the case of a State which meets the requirements of such paragraph (5). “(4) For purposes of paragraph (3)(A), a State’s allotment shall be State allotment determination criteria. determined as follows: “(A) The allotment for any State for fiscal year 1980 shall be an amount equal to such State’s base amount (as determined under subparagraph (c)) increased by 21.2 percent. “(B) The allotment for any State for each of the fiscal years 1981 through 1984 shall be an amount equal to such State’s allotment for the preceding fiscal year, increased or decreased by a percentage equal to twice the percentage increase or decrease (as the case may be) (but not to exceed an increase or decrease of 10 percent) in the Consumer Price Index prepared by the Department of Labor, and used in determining cost-of-living adjustments under section 215(1) of this Act, for the second quarter of 42 USC 415. the preceding fiscal year as compared to such index for the second quarter of the second preceding fiscal year. For purposes of this subparagraph the Consumer Price Index for any quarter shall be the arithmetical mean of such index for the three months in such quarter. “(C) The base amount shall be equal to the amount of the Federal funds payable to such State for fiscal year 1978 under section 403 on account of expenditures for aid with respect to 42 USC 603. which Federal financial participation is authorized in payments pursuant to section 408 (including administrative expenditures Post, p. 512. attributable to the provision of such aid as determined by the Secretary) and for those States which in fiscal year 1978 did not make foster care maintenance payments under section 408 on behalf of children otherwise eligible for such payment, solely because their foster care was provided by related persons, shall be equal to the total amount of Federal funds the State would have been entitled to be paid under section 403 on account of expenditures pursuant to section 408 for that fiscal year if such payments had been made. In the event that there is a dispute between any State and the Secretary as to the amount of such expenditures for such fiscal year, then, until the beginning of the fiscal year immediately following the fiscal year in which the dispute is finally resolved, the base amount shall be deemed to be the amount of Federal hinds which would have been payable under section 403 if the amount of such expenditures were equal to the amount thereof claimed by the State. “(5) (A) For purposes of paragraph (3)(C), a State’s allotment for any fiscal year ending after September 30, 1980, and before October 1, 1984, may, at the option of the State (and if the State meets the requirements of subparagraphs (B) and (C)), be determined by application of the provisions of paragraph (4) with the following modifications: “(i) The base amount for purposes of determining an allotment for any such fiscal year shall be equal to the base amount determined under paragraph (4)(C) increased by a percentage equal to the percentage by which the average monthly number of children in such State receiving aid with respect to which Federal financial participation is authorized in payments pursuant Post, p. 512. to section 408, or receiving foster care maintenance payments with respect to which Federal financial participation is authorized under this part, for such fiscal year exceeds the average monthly number of such children for fiscal year 1978. “(ii) For purposes of clause (i), the percentage determined under such clause shall not exceed 33.1 percent in the case of fiscal year 1981, 46.4 percent in the case of fiscal year 1982, 61.1 percent in the case of fiscal year 1983, or 77.2 percent in the case of fiscal year 1984. “(B) No State may exercise the option to have its allotment amount determined under the provisions of this paragraph unless, for fiscal year 1978, the average monthly number of children in such State receiving aid for which Federal financial participation is authorized in payments pursuant to section 408 as a percentage of the under age eighteen population of such State, was less than the average such percentage for the fifty States and the District of Columbia. “(C) No State may exercise the option to have its allotment determined under this paragraph for any fiscal year other than fiscal year 1981 after the first fiscal year (after fiscal year 1978) with respect to which the average monthly number of children in such State receiving aid for which Federal financial participation is authorized in payments pursuant to section 408, or receiving foster care maintenance payments for which Federal financial participation is authorized under this part, as a percentage of the under age eighteen population of such State, was equal to or greater than the average such percentage for the fifty States and the District of Columbia for the fiscal year 1978. Any allotment determined under this paragraph for a State which opted to have its allotment so determined under this paragraph for the fiscal year prior to the first fiscal year for which its option may not be exercised by reason of the preceding sentence shall be considered to be such State’s allotment for such prior fiscal year for purposes of determining allotments for subsequent fiscal years under paragraph (4). “(D) In determining the number of children receiving aid for which Federal financial participation is authorized in payments under section 408 or under this part, for any fiscal year, with respect to any State and with respect to the national average for purposes of subparagraphs (B) and (C), there shall be included those children with respect to whom foster care maintenance payments were not made under section 408 or this part (though they were otherwise eligible for such payments) solely because their foster care was provided by related persons. In the event that there is a dispute between any State and the Secretary as to the number of such children (with respect to whom foster care maintenance payments were not made) for any fiscal year, then until the beginning of the fiscal year immediately following the fiscal year in which the dispute is finally resolved, determinations under subparagraphs (B) and (C) shall be made on the basis of the number of such children claimed by the State. “(E) The Secretary shall promulgate an interim allotment amount Interim and final allotment amounts. for purposes of this paragraph for each fiscal year for each State exercising its option to have its allotment determined under this paragraph, based on the most recent satisfactory data available, not later than six months after the beginning of such fiscal year. The amount of such allotment shall be adjusted, and the final allotment amount shall be promulgated, based on the most recent satisfactory data available, not later than nine months after the end of such fiscal year. “(6) Except in the case of a State which loses the option of having its allotment determined under paragraph (5) by reason of the provisions of paragraph (5)(C), and subject to the provisions of such paragraph (5)(C), the amount of any allotment as determined in accordance with subparagraph (A), (B), or (C) of paragraph (3) for any fiscal year for any State shall be determined in accordance with the provisions of such subparagraph, without regard to the amount of such State’s allotment for any prior fiscal year as determined in accordance with another such subparagraph. “(c) (1) Except as provided in paragraphs (3) and (4), for any of the State reimbursements. fiscal years 1981 through 1984 during which the limitation under subsection (b)(1) is in effect, sums available to a State from its allotment under subsection (b) for carrying out this part, which the State does not claim as reimbursement for expenditures in such year pursuant to subsection (a) of this section, may be claimed by the State as reimbursement for expenditures in such year pursuant to part B of this title, in addition to sums available pursuant to section 420 for Post, p. 516. carrying out part B. “(2) Except as provided in paragraphs (3) and (4), for any of the fiscal years 1981 through 1984 during which the limitation under subsection (b)(1) is not in effect, a State may claim as reimbursement for expenditures for such year pursuant to part B of this title, in addition to amounts claimed under section 420, an amount equal to the amount by which the State’s allotment amount for such fiscal year (as determined under subsection (b)(3)) exceeds the amount claimed by such State for such fiscal year as reimbursement for expenses relating to foster care under subsection (a); except that the total amount claimed by such State for such fiscal year under this paragraph, when added to the amount that such State receives for such fiscal year under section 420, may not exceed the amount that would have been payable to such State under section 420 for such fiscal year if the relvant amount described in subsection (b)(2)(A) had been appropriated for such fiscal year. “(3) The provisions of paragraphs (1) and (2) shall not apply for any fiscal year with respect to any State which, with respect to such fiscal year, exercised its option to have its allotment amount determined under subsection (b)(5). “(4) (A) No State may claim an amount under the provisions of this subsection as reimbursement for expenditures for any fiscal year pursuant to part B of this title to the extent that such amount, plus the amount claimed by such State for such fiscal year under section 420, exceeds the amount which would be allotted to such State under part B if the amount appropriated under section 420 were $141,000,000, unless such State has met the requirements set forth in section 427(a). Post, p. 519. “(B) If, for each of any two consecutive fiscal years, there is 42 USC 620. appropriated under section 420 a sum equal to $266,000,000, no State may claim any amount under the provisions of this subsection as reimbursement for expenditures for any succeeding fiscal year pursuant Post, p. 516. Post, p. 519. to part B of this title unless such State has met the requirements set forth in section 427(b). “(C) If, for each of any two fiscal years during which the limitation under subsection (b)(1) is not in effect, the total amount claimed by a State as reimbursement for expenditures pursuant to part B under this subsection and under section 420 equals the amount which would be allotted to such State for such fiscal year under part B if the amount appropriated under section 420 were $266,000,000, such State may not claim any amount under the provisions of paragraph (2) as reimbursement for expenditures for any succeeding fiscal year pursuant to part B of this title unless such State has met the requirements set forth in section 427(b). “Sec. 475. “definitions As used in this part or part B of this title: “(1) The term ‘case plan’ means a written document which includes at least the following: A description of the type of home or institution in which a child is to be placed, including a discussion of the appropriateness of the placement and how the agency which is responsible for the child plans to carry out the judicial determination made with respect to the child in accordance with section 472(a)( 1); and a plan for assuring that the child receives proper care and that services are provided to the parents, child, and foster parents in order to improve the conditions in the parents’ home, facilitate return of the child to his own home or the permanent placement of the child, and address the needs of the child while in foster care, including a discussion of the appropriateness of the services that have been provided to the child under the plan. “(2) The term ‘parents’ means biological or adoptive parents or legal guardians, as determined by applicable State law. “(3) The term ‘adoption assistance agreement’ means a written agreement, binding on the parties to the agreement, between the State agency, other relevant agencies, and the prospective adoptive parents of a minor child which at a minimum (A) specifies the amounts of the adoption assistance payments and any additional services and assistance which are to be provided as part of such agreement, and (B) stipulates that the agreement shall remain in effect regardless of the State of which the adoptive parents are residents at any given time. The agreement shall contain provisions for the protection (under an interstate compact approved by the Secretary or otherwise) of the interests of the child in cases where the adoptive parents and child move to another State while the agreement is effective. “(4) The term ‘foster care maintenance payments’ means payments to cover the cost of (and the cost of providing) food, clothing, shelter, daily supervision, school supplies, a child’s personal incidentals, liability insurance with respect to a child, and reasonable travel to the child’s home for visitation. In the case of institutional care, such term shall include the reasonable costs of administration and operation of such institution as are necessarily required to provide the items described in the preceding sentence. “(5) The term ‘case review system’ means a procedure for assuring that— “(A) each child has a case plan designed to achieve placement in the least restrictive (most family like) setting available and in close proximity to the parents’ home, consistent with the best interest and special needs of the child, “(B) the status of each child is reviewed periodically but no less frequently than once every six months by either a court or by administrative review (as defined in paragraph (6)) in order to determine the continuing necessity for and appropriateness of the placement, the extent of compliance with the case plan, and the extent of progress which has been made toward alleviating or mitigating the causes necessitating placement in foster care, and to project a likely date by which the child may be returned to the home or placed for adoption or legal guardianship, and “(C) with respect to each such child, procedural safeguards will be applied, among other things, to assure each child in foster care under the supervision of the State of a dispositional hearing to be held, in a family or juvenile court or another court (including a tribal court) of competent jurisdiction, or by an administrative body appointed or approved by the court, no later than eighteen months after the original placement (and periodically thereafter during the continuation of foster care), which hearing shall determine the future status of the child (including, but not limited to, whether the child should be returned to the parent, should be continued in foster care for a specified period, should be placed for adoption, or should (because of the child’s special needs or circumstances) be continued in foster care on a permanent or long-term basis); and procedural safeguards shall also be applied with respect to parental rights pertaining to the removal of the child from the home of his parents, to a change in the child’s placement, and to any determination affecting visitation privileges of parents. “(6) The term ‘administrative review’ means a review open to the participation of the parents of the child, conducted by a panel of appropriate persons at least one of whom is not responsible for the case management of, or the delivery of services to, either the child or the parents who are the subject of the review. “Sec. 476. “technical assistance; data collection and evaluation (a) The Secretary may provide technical assistance to the 42 USC 676. States to assist them to develop the programs authorized under this part and shall periodically (1) evaluate the programs authorized under this part and part B of this title and (2) collect and publish data Ante, p. 501, post, p. 516. pertaining to the incidence and characteristics of foster care and adoptions in this country. “(b) Each State shall submit statistical reports as the Secretary Statistical reports to Secretary. may require with respect to children for whom payments are made under this part containing information with respect to such children including legal status, demographic characteristics, location, and length of any stay in foster care.”. (2) (A) Effective with respect to expenditures made after September 30, 1980, section 408 of the Social Security Act is, subject to subparagraph (B), repealed. (B) The repeal made by subparagraph (A) shall not be applicable in the case of any State for any quarter prior to the first quarter, which begins after September 30, 1980, in which such State has in effect a Ante, p. 501. State plan approved under part E of the Social Security Act, or (if earlier) such repeal shall be effective with respect to expenditures made after September 30, 1982. During any period with respect to which the repeal made by subparagraph (A) is not applicable in the case of a State and during which a limitation is in effect under section Ante, p. 506. 474(b)(1) of the Social Security Act, the aggregate of the sums payable to the State, under the State’s plan approved under part A of title IV 42 USC 601. of such Act, with respect to expenditures (including administrative expenditures as determined by the Secretary of Health, Education, and Welfare) authorized or incurred by reason of the provisions of Supra. section 408 of such Act shall not exceed the amount of the allotment which such State would have had for such period under section 474(b) if such State had had an approved plan under part E of such title IV. Any amount which would have been available to such State from its allotment for any period with respect which such repeal is not applicable in the case of a State (whether or not a limitation is in effect under section 474(b)(1) of such Act) under section 474(b) of the Social Security Act (if such State had had an approved plan under part E of title IV of such Act) which the State does not claim as reimbursement with respect to expenditures (including administrative expenditures as determined by the Secretary) authorized or incurred by reason of the provisions of section 408 of such Act, may be claimed by the State as reimbursement for expenditures in such Post, p. 516. period pursuant to part B of title IV of such Act in the same manner as amounts available to States from allotments under section 474(b) of such Act, and not claimed as reimbursement under part E of title IV of such Act, are authorized to be claimed under section 474(c) of such Act. (3) (A) Section 402(a)(20) of such Act is amended to read as follows: “(20) provide that the State has in effect a State plan for foster care and adoption assistance approved under part E of this Ante, p. 501. Effective date. 42 USC 602 note. title;”. (B) The amendment made by subparagraph (A) shall become effective with respect to any State at the same time as the repeal of Supra. section 408 becomes effective with respect to such State under the provisions of paragraph (2) of this subsection. (4) (A) Clause (B) of the first sentence of section 475(3) of the Social Security Act (as added by subsection (a) of this section) shall be effective with respect to adoption assistance agreements entered into on or after October 1, 1983. (B) The Secretary of Health, Education, and Welfare shall take all possible steps to encourage and assist the various States to enter into interstate compacts (which are hereby approved by the Congress) under which the interests of any adopted child with respect to whom an adoption assistance agreement has been entered into by a State Ante, p. 504. under section 473 of the Social Security Act will be adequately protected, on a reasonable and equitable basis which is approved by the Secretary, if and when the child and his or her adoptive parent (or parents) move to another State. (5) (A) Subject to the repeal provided under paragraph (2), the last paragraph of section 408 of the Social Security Act is amended to read Ante, p. 512. as follows: “For the purposes of this section, the term ‘foster family home’ “Foster family home.” means a foster family home for children which is licensed by the State in which it is situated or has been approved, by the agency of such State having responsibility for licensing homes of this type, as meeting the standards established for such licensing; and the term “Child-care institution.” ‘child-care institution’ means a nonprofit private child-care institution, or a public child-care institution which accommodates no more than twenty-five children, which is licensed by the State in which it is situated or has been approved, by the agency of such State responsible for licensing or approval of institutions of this type, as meeting the standards established for such licensing; but the term shall not include detention facilities, forestry camps, training schools, or any other facility operated primarily for the detention of children who are determined to be delinquent.”. (B) The amendment made by subparagraph (A) shall be effective Effective date. 42 USC 608 note. with respect to expenditures made on or after the date of the enactment of this Act. (b) (1) The Secretary of Health, Education, and Welfare shall conduct Report to Congress. 42 USC 670 note. a study of programs of foster care and adoption assistance established under part IV–E of the Social Security Act (as added by subsection (a) of this section), and shall submit to the Congress, not Ante, p. 501. later than October 1, 1983, a full and complete report thereon, together with his recommendations as to (A) whether such part IV–E should be continued, and if so, (B) the changes (if any) which should be made in such part IV–E. (2) Such report shall include, but not be limited to, the following: (A) a determination as to (i) the extent of reduction that has occurred in the duration of foster care under such programs, (ii) the extent to which such programs of adoption assistance have resulted in an increase in the adoption of children who otherwise would have remained in foster care under State plans approved under title IV–A or IV–E of the Social Security Act, and (iii) the 42 USC 601, ante, p. 501. extent to which the availability of Federal funding for adoption assistance under title IV–E of such Act has resulted in States’ initiating or expanding programs for adoption assistance, and (B) specific legislative recommendations for ways to bring about further reduction in the duration of foster care for children. Sec. 102. federal payments for dependent children voluntarily placed in foster care (a) (1) Effective with respect to expenditures made after September 30, 1980, and before October 1, 1983, section 472(a) of the Social Security Act (as added by section 101 of this Act) is amended— Ante, p. 503. (A) by inserting “occurred pursuant to a voluntary placement agreement entered into by the child’s parent or legal guardian, or” after “removal from the home” in paragraph (1); (B) by striking out “a determination” in paragraph (3) and inserting in lieu thereof “the voluntary placement agreement or judicial determination”; (C) by inserting “such agreement was entered into or” after “the month in which” in paragraph (4)(A); and (D) by inserting “such agreement was entered into or” after “the month in which” in paragraph (4)(B)(ii). (2) Section 472 of such Act (as so added) is further amended by redesignating subsection (d) as subsection (h), and by inserting after subsection (c) the following new subsections: “(d) Notwithstanding any other provision of this title, Federal payments may be made under this part with respect to amounts expended by any State as foster care maintenance payments under this section, in the case of children removed from their homes pursuant to voluntary placement agreements as described in subsection (a), only if (at the time such amounts were expended) the State Post, p. 519. has fulfilled all of the requirements of section 427(b). “(e) No Federal payment may be made under this part with respect to amounts expended by any State as foster care maintenance payments under this section, in the case of any child who was removed from his or her home pursuant to a voluntary placement agreement as described in subsection (a) and has remained in voluntary placement for a period in excess of 180 days, unless there has been a judicial determination by a court of competent jurisdiction (within the first 180 days of such placement) to the effect that such placement is in the best interests of the child. “(f) For the purposes of this part and part B of this title, (1) the term ‘voluntary’ placement’ means an out-of-home placement of a minor, by or with participation of a State agency, after the parents or guardians of the minor have requested the assistance of the agency “Voluntary placement agreement.” and signed a voluntary placement agreement; and (2) the term ‘voluntary placement agreement’ means a written agreement, binding on the parties to the agreement, between the State agency, any other agency acting on its behalf, and the parents or guardians of a minor child which specifies, at a minimum, the legal status of the child and the rights and obligations of the parents or guardians, the child, and the agency while the child is in placement. “(g) In any case where— “(1) the placement of a minor child in foster care occurred pursuant to a voluntary placement agreement entered into by the parents or guardians of such child as provided in subsection (a), and “(2) such parents or guardians request (in such manner and form as the Secretary may prescribe) that the child be returned to their home or to the home of a relative, the voluntary placement agreement shall be deemed to be revoked unless the State agency opposes such request and obtains a judicial determination, by a court of competent jurisdiction, that the return of the child to such home would be contrary to the child’s best interests.”. (3) Section 473(a)(1) of such Act (as so added) is amended— (A) by inserting “, either pursuant to a voluntary placement agreement with respect to which Federal payments are provided Ante, p. 506, 42 USC 603. under section 474 (or 403) or” immediately before “as a result of a judicial determination” in subparagraph (A)(1); (B) by inserting “such agreement was entered into or” after “the month in which” in subparagraph (B)(i); and (C) by inserting “such agreement was entered into or” after “the month in which” in subparagraph (B)(ii). (4) Section 475(1) of such Act (as so added) is amended by inserting “voluntary placement agreement entered into or” before “judicial determination made”. (b) (1) Effective with respect to expenditures made after September 30, 1979 (but subject to the repeal provided under section 101(a)(2) (A) and (B)), section 408(a) of the Social Security Act is amended— Ante, p. 512. (A) by inserting “pursuant to a voluntary placement agreement entered into by the child’s parent or legal guardian, or” after “(specified in such section 406(a))” in clause (1); 42 USC 606. (B) by striking out “such determination” in clause (3) and inserting in lieu thereof “such voluntary placement agreement or judicial determination”; (C) by inserting “such agreement was entered into or” after “the month in which” in clause (4)(A); and (D) by inserting “such agreement was entered into or” after “the month in which” in clause (4)(B)(ii). (2) Section 408 of such Act is further amended by adding at the end thereof the following new paragraph: “For the purposes of this section, the provisions of subsections (d), (e), (f), and (g) of section 472 shall apply.”. Ante, p. 503. Effective date. 42 USC 672 note, 608, 672, 673, 675. (c) The amendments made by subsections (a) and (b) shall be effective only with respect to expenditures made after September 30, 1979, and before October 1, 1983; and from and after October 1, 1983, the provisions of law amended by such subsections shall read as they would if this section had not been enacted. (d) (1) For purposes of section 472 of the Social Security Act, a child 42 USC 672 note. who was voluntarily removed from the home of a relative and who had a judicial determination prior to October 1, 1978, to the effect that continuation therein would be contrary to the welfare of such child, shall be deemed to have been so removed as a result of such judicial determination if, and from the date that, a case plan and a review meeting the requirements of section 471(a)(16) of such Act Ante, p. 501. have been made with respect to such child and such child is determined to be in need of foster care as a result of such review. In the case of any child described in the preceding sentence, for purposes of section 472(a)(4) of such Act, the date of the voluntary removal shall be deemed to be the date on which court proceedings are initiated which led to such removal. (2) For purposes of section 408 of the Social Security Act (but 42 USC 608 note. Ante, p. 512. subject to the repeal provided under section 101(a)(2) (A) and (B)), in any case where a child was voluntarily removed from the home of a relative prior to October 1, 1979, and a judicial determination was made (prior to October 1, 1978) to the effect that continuation in such home would have been contrary to the child’s welfare— (A) such child shall be deemed to have been so removed as a result of a judicial determination to the effect that continuation in such home would be contrary to the welfare of such child, and (B) Federal financial participation under the applicable State plan approved under section 402 of the Social Security Act for 42 USC 602. quarters beginning prior to October 1, 1979, shall not be denied with respect to aid furnished under such plan to or on behalf of such child. For purposes of subsection (a)(4) of such section 408, the date of such Ante, p. 512. child’s voluntary removal shall be deemed to be the date on which court proceedings were initiated which led to such removal. (e) The Secretary of Health, Education, and Welfare, within three Report to Congress. 42 USC 672 note. months after the close of each fiscal year with respect to which the amendments made by this section are in effect, shall submit to the Congress a full and complete report on the number of children placed in foster care pursuant to voluntary placement agreements under Ante, pp. 512, 513. sections 408 and 472 of the Social Security Act and on the reasons for such placements together with a description of the extent to which such placements have contributed to the achievement of the objectives of this title, including such recommendations as he may deem appropriate with respect to the continuation (in such section 472) of authority to make Federal payments for dependent children voluntarily placed in foster care. Sec. 103. child welfare services (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. (b) Part B of title IV of such Act is amended by adding at the end thereof the following new sections: “Sec. 427. “foster care protection required for additional federal payments (a) If, for any fiscal year after fiscal year 1979, there is 42 USC 627. appropriated under section 420 a sum in excess of $141,000,000, a State shall not be eligible for payment from its allotment in an amount greater than the amount for which it would be eligible if such appropriation were equal to $141,000,000, unless such State— “(1) has conducted an inventory of all children who have been in foster care under the responsibility of the State for a period of six months preceding the inventory, and determined the appropriateness of, and necessity for, the current foster placement, whether the child can be or should be returned to his parents or should be freed for adoption, and the services necessary to facilitate either the return of the child or the placement of the child for adoption or legal guardianship; and “(2) has implemented and is operating to the satisfaction of the Secretary— “(A) a statewide information system from which the status, demographic characteristics, location, and goals for the placement of every child in foster care or who has been in such care within the preceding twelve months can readily be determined; “(B) a case review system (as defined in section 475(5)) for each child receiving foster care under the supervision of the State; and “(C) a service program designed to help children, where appropriate, return to families from which they have been removed or be placed for adoption or legal guardianship. “(c) If, for each of any two consecutive fiscal years after the fiscal year 1979, there is appropriated under section 420 a sum equal to $266,000,000, each State’s allotment amount for any fiscal year after such two consecutive fiscal years shall be reduced to an amount equal to its allotment amount for the fiscal year 1979, unless such State— “(1) has completed an inventory of the type specified in subsection (a)(1); “(2) has implemented and is operating the program and systems specified in subsection (a)(2); and “(3) has implemented a preplacement preventive service program designed to help children remain with their families. “(c) Any amounts expended by a State for the purpose of complying with the requirements of subsection (a) or (b) shall be conclusively presumed to have been expended for child welfare services. “Sec. 428. “payments to indian tribal organizations (a) The Secretary may, in appropriate cases (as determined by the Secretary) make payments under this part directly to an Indian tribal organization within any State which has a plan for child welfare services approved under this part. Such payments shall be made in such manner and in such amounts as the Secretary determines to be appropriate. “(b) Amounts paid under subsection (a) shall be deemed to be a part of the allotment (as determined under section 421) for the State in which such Indian tribal organization is located. “(c) For purposes of this section— “(1) the term ‘tribal organization’ means the recognized governing body of any Indian tribe, or any legally established organization of Indians which is controlled, sanctioned, or chartered by such governing body; and “(2) the term ‘Indian tribe’ means any tribe, band, nation, or other organized group or community of Indians (including any Alaska Native village or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act (Public Law 92–203; 85 Stat. 688)) which (A) is 43 USC 1601 note. recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians, or (B) is located on, or in proximity to, a Federal or State reservation or rancheria.”. (c) In the case of Guam, Puerto Rico, and the Virgin Islands, and 42 USC 622 note. the Commonwealth of the Northern Mariana Islands, section 422(b)(1) of such Act (as otherwise amended by subsection (a) of this Ante, p. 517. section) shall be deemed to read as follows: “(1) provide that (A) the State agency designated pursuant to section 402(a)(3) to administer or supervise the administration of 42 USC 602. 42 USC 601. the plan of the State approved under part A of this title 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 402(a)(15) will be responsible for furnishing such child welfare services;”. (d) Notwithstanding section 422(b)(1) of the Social Security Act (as 42 USC 622 note. Ante, p. 517. amended by subsection (a) of this section) if on December 1, 1974, the agency of a State administering its plan for child welfare services under part B of title IV of that Act was not the agency designated Ante, p. 516. 42 USC 602. pursuant to section 402(a)(3) of that Act, 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 USC 1397b. and if on December 1, 1974, 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, 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 USC 1397. 42 USC 1397a. (e) Section 2002(a)(8) of such Act is amended by striking out “or 422” and inserting in lieu thereof “or 423”. (f) (1) Notwithstanding any other provision of law, funds which are 42 USC 620 note. appropriated for fiscal year 1980 pursuant to section 420 of the Social Security Act, and for which States are eligible for payment under Ante, p. 516. part B of title IV of that Act, shall remain available, to the extent so provided in an appropriation Act hereafter enacted, for payment with respect to expenditures for child welfare services under part B of title IV of that Act until September 30, 1981. (2) Section 420(b) of the Social Security Act (as added by subsection (a) of this section) shall apply only with respect to appropriation Acts, which appropriate funds for fiscal years after fiscal year 1981 pursuant to the authorization contained in section 420 of the Social Security Act, enacted after the date of enactment of this Act.

2. 1980

   Adoption Assistance and Child Welfare Act of 1980

   Pub. L. 96–272 § 102(a)(1) · 94 Stat. 500

   Inserted · 42 U.S.C. § 672(a)

   Pub. L. 96–272, § 102(a)(1), inserted provisions relating to voluntary placement agreements entered into by a child’s parent or legal guardian

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 96–272, § 102(a)(1), inserted provisions relating to voluntary placement agreements entered into by a child’s parent or legal guardian.

   Enacted provision · exact public law section
   (1) Effective with respect to expenditures made after September 30, 1980, and before October 1, 1983, section 472(a) of the Social Security Act (as added by section 101 of this Act) is amended— Ante, p. 503. (A) by inserting “occurred pursuant to a voluntary placement agreement entered into by the child’s parent or legal guardian, or” after “removal from the home” in paragraph (1); (B) by striking out “a determination” in paragraph (3) and inserting in lieu thereof “the voluntary placement agreement or judicial determination”; (C) by inserting “such agreement was entered into or” after “the month in which” in paragraph (4)(A); and (D) by inserting “such agreement was entered into or” after “the month in which” in paragraph (4)(B)(ii).

3. 1980

   Adoption Assistance and Child Welfare Act of 1980

   Pub. L. 96–272 § 102(a)(2) · 94 Stat. 500

   Redesignated · 42 U.S.C. § 672(d)(h)

   Pub. L. 96–272, § 102(a)(2), added subsecs. (d) to (g). Former subsec. (d) was redesignated (h)

   Source evidence

   Code amendment note
   Subsecs. (d) to (h). Pub. L. 96–272, § 102(a)(2), added subsecs. (d) to (g). Former subsec. (d) was redesignated (h).

   Enacted provision · exact public law section
   (2) Section 472 of such Act (as so added) is further amended by redesignating subsection (d) as subsection (h), and by inserting after subsection (c) the following new subsections: “(d) Notwithstanding any other provision of this title, Federal payments may be made under this part with respect to amounts expended by any State as foster care maintenance payments under this section, in the case of children removed from their homes pursuant to voluntary placement agreements as described in subsection (a), only if (at the time such amounts were expended) the State Post, p. 519. has fulfilled all of the requirements of section 427(b). “(e) No Federal payment may be made under this part with respect to amounts expended by any State as foster care maintenance payments under this section, in the case of any child who was removed from his or her home pursuant to a voluntary placement agreement as described in subsection (a) and has remained in voluntary placement for a period in excess of 180 days, unless there has been a judicial determination by a court of competent jurisdiction (within the first 180 days of such placement) to the effect that such placement is in the best interests of the child. “(f) For the purposes of this part and part B of this title, (1) the term ‘voluntary’ placement’ means an out-of-home placement of a minor, by or with participation of a State agency, after the parents or guardians of the minor have requested the assistance of the agency “Voluntary placement agreement.” and signed a voluntary placement agreement; and (2) the term ‘voluntary placement agreement’ means a written agreement, binding on the parties to the agreement, between the State agency, any other agency acting on its behalf, and the parents or guardians of a minor child which specifies, at a minimum, the legal status of the child and the rights and obligations of the parents or guardians, the child, and the agency while the child is in placement. “(g) In any case where— “(1) the placement of a minor child in foster care occurred pursuant to a voluntary placement agreement entered into by the parents or guardians of such child as provided in subsection (a), and “(2) such parents or guardians request (in such manner and form as the Secretary may prescribe) that the child be returned to their home or to the home of a relative, the voluntary placement agreement shall be deemed to be revoked unless the State agency opposes such request and obtains a judicial determination, by a court of competent jurisdiction, that the return of the child to such home would be contrary to the child’s best interests.”.

4. 1986

   Pub. L. 99–603 § 303(e)(2) · 100 Stat. 3359

   Inserted · 42 U.S.C. § 672(a)

   Pub. L. 99–603, § 303(e)(2), inserted in closing provisions reference to cases in which a child is an alien disqualified under section 1161(d)(7) of title 8

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 99–603, § 303(e)(2), inserted in closing provisions reference to cases in which a child is an alien disqualified under section 1161(d)(7) of title 8.

   Enacted provision · exact public law section
   (2) The last sentence of section 472(a) of such Act (as added by 42 USC 672. section 201(b)(2)(A) of this Act and amended by section 302(b)(2) of this Act) is further amended by striking out “245A(h) or 210(f)” and inserting in lieu thereof “245A(h), 210(f), or 210A(d)(7)”.

5. 1986

   Pub. L. 99–603 § 302(b)(2) · 100 Stat. 3359

   Inserted · 42 U.S.C. § 672(a)

   Pub. L. 99–603, § 302(b)(2), inserted in closing provisions reference to cases in which a child is an alien disqualified under section 1160(f) of title 8

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 99–603, § 302(b)(2), inserted in closing provisions reference to cases in which a child is an alien disqualified under section 1160(f) of title 8.

   Enacted provision · exact public law section
   (2) 42 USC 672. The last sentence of section 472(a) of such Act (as added by section 201(b)(2)(A) of this Act) is amended by inserting “or 210(f) after “245A(h)”.

6. 1986

   Pub. L. 99–603 § 201(b)(2)(A) · 100 Stat. 3359

   Inserted · 42 U.S.C. § 672(a)

   Pub. L. 99–603, § 201(b)(2)(A), inserted closing provisions: “In any case where the child is an alien disqualified under section 1255a(h) of title 8 from receiving aid under the State plan approved under section 602 of this title in or for the month in which such agreement was entered into or court proceedings leading to the removal of the child from the home were instituted, such child shall be considered to satisfy the requirements of paragraph (4) (and the corresponding requirements of section 673(a)(1)(B) of this title), with respect to that month, if he or she would have satisfied such requirements but for such disqualification.”

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 99–603, § 201(b)(2)(A), inserted closing provisions: “In any case where the child is an alien disqualified under section 1255a(h) of title 8 from receiving aid under the State plan approved under section 602 of this title in or for the month in which such agreement was entered into or court proceedings leading to the removal of the child from the home were instituted, such child shall be considered to satisfy the requirements of paragraph (4) (and the corresponding requirements of section 673(a)(1)(B) of this title), with respect to that month, if he or she would have satisfied such requirements but for such disqualification.”

   Enacted provision · exact public law section
   (A) Section 472(a) of such Act is amended by adding at the end 42 USC 672. thereof (after and below paragraph (4)) the following new sentence: “In any case where the child is an alien disqualified under section 245A(h) of the Immigration and Nationality Act from receiving aid under the State plan approved under section 402 in or for the month in which such agreement was entered into or court proceedings leading to the removal of the child from the home were instituted, such child shall be considered to satisfy the requirements of paragraph (4) (and the corresponding requirements of section 473(a)(1)(B)), with respect to that month, if he or she would have satisfied such requirements but for such disqualification.”.

7. 1987

   Pub. L. 100–203 § 9139(a) · 101 Stat. 1330

   Substituted · 42 U.S.C. § 672(a)

   Pub. L. 100–203, § 9139(a), substituted “section 673(a)(2)(B) of this title” for “section 673(a)(1)(B) of this title”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 100–203, § 9139(a), substituted “section 673(a)(2)(B) of this title” for “section 673(a)(1)(B) of this title”.

   Enacted provision · exact public law section
   (a) The last sentence of section 472(a) of the Social Security Act is 42 USC 672. amended by striking out “473(a)(1)(B)” and inserting in lieu thereof “473(a)(2)(B)”.

8. 1987

   Pub. L. 100–203 § 9133(b)(2) · 101 Stat. 1330

   Inserted · 42 U.S.C. § 672(h)

   Pub. L. 100–203, § 9133(b)(2), inserted sentence at end

   Source evidence

   Code amendment note
   Subsec. (h). Pub. L. 100–203, § 9133(b)(2), inserted sentence at end.

   Enacted provision · exact public law section
   (2) Section 472(h) of such Act is amended by adding at the end the 42 USC 672. following new sentence: “For purposes of the preceding sentence, a child whose costs in a foster family home or child-care institution are covered by the foster care maintenance payments being made with respect to his or her minor parent, as provided in section 475(4)(B), shall be considered a child with respect to whom foster care maintenance payments are made under this section.”.

9. 1994

   Social Security Act Amendments of 1994

   Pub. L. 103–432 title II § 202(d)(3) · 108 Stat. 4398

   Substituted · 42 U.S.C. § 672(d)

   Pub. L. 103–432 substituted “section 622(b)(9) of this title” for “section 627(b) of this title”

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 103–432 substituted “section 622(b)(9) of this title” for “section 627(b) of this title”.

   Enacted provision · exact public law section
   (3) Section 472(d) (42 U.S.C. 672(d)) is amended by striking “427(b)” and inserting “422(b)(9)”.

10. 1996

    Personal Responsibility and Work Opportunity Reconciliation Act of 1996

    Pub. L. 104–193 § 108(d)(3)(A) · 110 Stat. 2105

    1. Substituted · 42 U.S.C. § 672(a)

       Pub. L. 104–193, § 108(d)(3)(A), in introductory provisions, substituted “would have met the requirements” for “would meet the requirements”

    2. Inserted · 42 U.S.C. § 672(a)

       Pub. L. 104–193, § 108(d)(3)(A), in introductory provisions, inserted “(as such sections were in effect on June 1, 1995)” after “section 607 of this title” and “(as so in effect)” after “section 606(a) of this title”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 104–193, § 108(d)(3)(A), in introductory provisions, substituted “would have met the requirements” for “would meet the requirements” and inserted “(as such sections were in effect on June 1, 1995)” after “section 607 of this title” and “(as so in effect)” after “section 606(a) of this title”.

    Enacted provision · exact public law section
    (A) in the matter preceding paragraph (1)— (i) by striking “would meet” and inserting “would have met”; (ii) by inserting “(as such sections were in effect on June 1, 1995)” after “407”; and (iii) by inserting “(as so in effect)” after “406(a)”; and

11. 1996

    Personal Responsibility and Work Opportunity Reconciliation Act of 1996

    Pub. L. 104–193 § 108(d)(3)(B)(i) · 110 Stat. 2105

    1. Substituted · 42 U.S.C. § 672(a)(4)(A)

       Pub. L. 104–193, § 108(d)(3)(B)(i), substituted “would have received aid” for “received aid”

    2. Inserted · 42 U.S.C. § 672(a)(4)(A)

       Pub. L. 104–193, § 108(d)(3)(B)(i), inserted “(as in effect on June 1, 1995)” after “section 602 of this title”

    Source evidence

    Code amendment note
    Subsec. (a)(4)(A). Pub. L. 104–193, § 108(d)(3)(B)(i), substituted “would have received aid” for “received aid” and inserted “(as in effect on June 1, 1995)” after “section 602 of this title”.

    Enacted provision · exact public law section
    (i) in subparagraph (A)— (I) by inserting “would have” after “(A)”; and (II) by inserting “(as in effect on June 1, 1995)” after “section 402”; and

12. 1996

    Personal Responsibility and Work Opportunity Reconciliation Act of 1996

    Pub. L. 104–193 § 108(d)(3)(B)(ii) · 110 Stat. 2105

    Inserted · 42 U.S.C. § 672(a)(4)(B)(ii)

    Pub. L. 104–193, § 108(d)(3)(B)(ii), inserted “(as in effect on June 1, 1995)” after “section 606(a) of this title”

    Source evidence

    Code amendment note
    Subsec. (a)(4)(B)(ii). Pub. L. 104–193, § 108(d)(3)(B)(ii), inserted “(as in effect on June 1, 1995)” after “section 606(a) of this title”.

    Enacted provision · exact public law section
    (ii) in subparagraph (B)(ii), by inserting “(as in effect on June 1, 1995)” after “406(a)”.

13. 1996

    Personal Responsibility and Work Opportunity Reconciliation Act of 1996

    Pub. L. 104–193 § 501 · 110 Stat. 2105

    Struck · 42 U.S.C. § 672(c)(2)

    Pub. L. 104–193, § 501, struck out “nonprofit” before “private child-care institution.”

    Source evidence

    Code amendment note
    Subsec. (c)(2). Pub. L. 104–193, § 501, struck out “nonprofit” before “private child-care institution.”

    Enacted provision · exact public law section
    SEC. 501. AUTHORITY OF STATES TO MAKE FOSTER CARE MAINTENANCE PAYMENTS ON BEHALF OF CHILDREN IN ANY PRIVATE CHILD CARE INSTITUTION. Section 472(c)(2) of the Social Security Act (42 U.S.C. 672(c)(2)) is amended by striking “nonprofit”.

14. 1996

    Personal Responsibility and Work Opportunity Reconciliation Act of 1996

    Pub. L. 104–193 § 108(d)(4) · 110 Stat. 2105

    Amended · 42 U.S.C. § 672(h)

    Pub. L. 104–193, § 108(d)(4), amended subsec. (h) generally. Prior to amendment, subsec. (h) read as follows: “For purposes of subchapters XIX and XX of this chapter, any child with respect to whom foster care maintenance payments are made under this section shall be deemed to be a dependent child as defined in section 606 of this title and shall be deemed to be a recipient of aid to families with dependent children under part A of this subchapter. For purposes of the preceding sentence, a child whose costs in a foster family home or child-care institution are covered by the foster care maintenance payments being made with respect to his or her minor parent, as provided in section 675(4)(B) of this title, shall be considered a child with respect to whom foster care maintenance payments are made under this section.”

    Source evidence

    Code amendment note
    Subsec. (h). Pub. L. 104–193, § 108(d)(4), amended subsec. (h) generally. Prior to amendment, subsec. (h) read as follows: “For purposes of subchapters XIX and XX of this chapter, any child with respect to whom foster care maintenance payments are made under this section shall be deemed to be a dependent child as defined in section 606 of this title and shall be deemed to be a recipient of aid to families with dependent children under part A of this subchapter. For purposes of the preceding sentence, a child whose costs in a foster family home or child-care institution are covered by the foster care maintenance payments being made with respect to his or her minor parent, as provided in section 675(4)(B) of this title, shall be considered a child with respect to whom foster care maintenance payments are made under this section.”

    Enacted provision · exact public law section
    (4) Section 472(h) (42 U.S.C. 672(h)) is amended to read as follows: “(h) (1) For purposes of title XIX, any child with respect to whom foster care maintenance payments are made under this section is deemed to be a dependent child as defined in section 406 (as in effect as of June 1, 1995) and deemed to be a recipient of aid to families with dependent children under part A of this title (as so in effect). For purposes of title XX, any child with respect to whom foster care maintenance payments are made under this section is deemed to be a minor child in a needy family under a State program funded under part A of this title and is deemed to be a recipient of assistance under such part. “(2) For purposes of paragraph (1), a child whose costs in a foster family home or child care institution are covered by the foster care maintenance payments being made with respect to the child’s minor parent, as provided in section 475(4)(B), shall be considered a child with respect to whom foster care maintenance payments are made under this section.”.

15. 1997

    Balanced Budget Act of 1997

    Pub. L. 105–33 § 5513(b)(1) · 111 Stat. 251

    Substituted · 42 U.S.C. § 672(a)

    Pub. L. 105–33, § 5513(b)(1), substituted “July 16, 1996” for “June 1, 1995” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 105–33, § 5513(b)(1), substituted “July 16, 1996” for “June 1, 1995” in introductory provisions.

    Enacted provision · exact public law section
    (1) Section 472(a) (42 U.S.C. 672(a)).

16. 1997

    Balanced Budget Act of 1997

    Pub. L. 105–33 § 5513(b)(1) · 111 Stat. 251

    Substituted · 42 U.S.C. § 672(a)(4)

    Pub. L. 105–33, § 5513(b)(1), substituted “July 16, 1996” for “June 1, 1995” in subpars. (A) and (B)

    Source evidence

    Code amendment note
    Subsec. (a)(4). Pub. L. 105–33, § 5513(b)(1), substituted “July 16, 1996” for “June 1, 1995” in subpars. (A) and (B).

    Enacted provision · exact public law section
    (1) Section 472(a) (42 U.S.C. 672(a)).

17. 1997

    Balanced Budget Act of 1997

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

    Substituted · 42 U.S.C. § 672(d)

    Pub. L. 105–33, § 5592(b), substituted “section 622(b)(10)” for “section 622(b)(9)”

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 105–33, § 5592(b), substituted “section 622(b)(10)” for “section 622(b)(9)”.

    Enacted provision · exact public law section
    (b) Part E Amendments.— Section 472(d) (42 U.S.C. 672(d)) is amended by striking “422(b)(9)” and inserting “422(b)(10)”.

18. 1997

    Balanced Budget Act of 1997

    Pub. L. 105–33 § 5513(b)(2) · 111 Stat. 251

    Substituted · 42 U.S.C. § 672(h)(1)

    Pub. L. 105–33, § 5513(b)(2), substituted “July 16, 1996” for “June 1, 1995”

    Source evidence

    Code amendment note
    Subsec. (h)(1). Pub. L. 105–33, § 5513(b)(2), substituted “July 16, 1996” for “June 1, 1995”.

    Enacted provision · exact public law section
    (2) Section 472(h) (42 U.S.C. 672(h)).

19. 1997

    Adoption and Safe Families Act of 1997

    Pub. L. 105–89 title I § 101(c) · 111 Stat. 2115

    Inserted · 42 U.S.C. § 672(a)(1)

    Pub. L. 105–89 inserted “for a child” before “have been made;”

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 105–89 inserted “for a child” before “have been made;”.

    Enacted provision · exact public law section
    (c) Conforming Amendment.— Section 472(a)(1) of such Act (42 U.S.C. 672(a)(1)) is amended by inserting “for a child” before “have been made”.

20. 1999

    Pub. L. 106–169 title I § 111 · 113 Stat. 1822

    Inserted · 42 U.S.C. § 672(a)

    Pub. L. 106–169 inserted at end “In determining whether a child would have received aid under a State plan approved under section 602 of this title (as in effect on July 16, 1996), a child whose resources (determined pursuant to section 602(a)(7)(B) of this title, as so in effect) have a combined value of not more than $10,000 shall be considered to be a child whose resources have a combined value of not more than $1,000 (or such lower amount as the State may determine for purposes of such section 602(a)(7)(B) of this title)

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 106–169 inserted at end “In determining whether a child would have received aid under a State plan approved under section 602 of this title (as in effect on July 16, 1996), a child whose resources (determined pursuant to section 602(a)(7)(B) of this title, as so in effect) have a combined value of not more than $10,000 shall be considered to be a child whose resources have a combined value of not more than $1,000 (or such lower amount as the State may determine for purposes of such section 602(a)(7)(B) of this title).

    Enacted provision · exact public law section
    SEC. 111. INCREASE IN AMOUNT OF ASSETS ALLOWABLE FOR CHILDREN IN FOSTER CARE. Section 472(a) of the Social Security Act (42 U.S.C. 672(a)) is amended by adding at the end the following: “In determining whether a child would have received aid under a State plan approved under section 402 (as in effect on July 16, 1996), a child whose resources (determined pursuant to section 402(a)(7)(B), as so in effect) have a combined value of not more than $10,000 shall be considered to be a child whose resources have a combined value of not more than $1,000 (or such lower amount as the State may determine for purposes of such section 402(a)(7)(B)).”.

21. 2005

    Fair Access Foster Care Act of 2005

    Pub. L. 109–113 § 2 · 119 Stat. 2371

    Struck · 42 U.S.C. § 672(b)

    Pub. L. 109–113 struck out “nonprofit” before “private” in pars. (1) and (2)

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 109–113 struck out “nonprofit” before “private” in pars. (1) and (2).

    Enacted provision · exact public law section
    SEC. 2. FOSTER CARE MAINTENANCE PAYMENTS TO PRIVATE FOR-PROFIT AGENCIES.   Section 472(b) of the Social Security Act (42 U.S.C. 672(b)) is amended by striking “nonprofit” each place it appears.

22. 2006

    Deficit Reduction Act of 2005

    Pub. L. 109–171 § 7404(a) · 120 Stat. 4

    Amended · 42 U.S.C. § 672(a)

    Pub. L. 109–171, § 7404(a), amended subsec. (a) generally. Prior to amendment, subsec. (a) related to qualifying children for foster care maintenance payments

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 109–171, § 7404(a), amended subsec. (a) generally. Prior to amendment, subsec. (a) related to qualifying children for foster care maintenance payments.

    Enacted provision · exact public law section
    (a) Foster Care Maintenance Payments.— Section 472(a) (42 U.S.C. 672(a)) is amended to read as follows: “(a) In General.— “(1) Eligibility.— Each State with a plan approved under this part shall make foster care maintenance payments on behalf of each child who has been removed from the home of a relative specified in section 406(a) (as in effect on July 16, 1996) into foster care if— “(A) the removal and foster care placement met, and the placement continues to meet, the requirements of paragraph (2); and “(B) the child, while in the home, would have met the AFDC eligibility requirement of paragraph (3). “(2) Removal and foster care placement requirements.— The removal and foster care placement of a child meet the requirements of this paragraph if— “(A) the removal and foster care placement are in accordance with— “(i) a voluntary placement agreement entered into by a parent or legal guardian of the child who is the relative referred to in paragraph (1); or “(ii) a judicial determination to the effect that continuation in the home from which removed would be contrary to the welfare of the child and that reasonable efforts of the type described in section 471(a)(15) for a child have been made; “(B) the child’s placement and care are the responsibility of— “(i) the State agency administering the State plan approved under section 471; or “(ii) any other public agency with which the State agency administering or supervising the administration of the State plan has made an agreement which is in effect; and “(C) the child has been placed in a foster family home or child-care institution. “(3) AFDC eligibility requirement.— “(A) In general.— A child in the home referred to in paragraph (1) would have met the AFDC eligibility requirement of this paragraph if the child— “(i) would have received aid under the State plan approved under section 402 (as in effect on July 16, 1996) in the home, in or for the month in which the agreement was entered into or court proceedings leading to the determination referred to in paragraph (2)(A)(ii) of this subsection were initiated; or “(ii) (I) would have received the aid in the home, in or for the month referred to in clause (i), if application had been made therefor; or “(II) had been living in the home within 6 months before the month in which the agreement was entered into or the proceedings were initiated, and would have received the aid in or for such month, if, in such month, the child had been living in the home with the relative referred to in paragraph (1) and application for the aid had been made. “(B) Resources determination.— For purposes of subparagraph (A), in determining whether a child would have received aid under a State plan approved under section 402 (as in effect on July 16, 1996), a child whose resources (determined pursuant to section 402(a)(7)(B), as so in effect) have a combined value of not more than $10,000 shall be considered a child whose resources have a combined value of not more than $1,000 (or such lower amount as the State may determine for purposes of section 402(a)(7)(B)). “(4) Eligibility of certain alien children.— Subject to title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, if the child is an alien disqualified under section 245A(h) or 210(f) of the Immigration and Nationality Act from receiving aid under the State plan approved under section 402 in or for the month in which the agreement described in paragraph (2)(A)(i) was entered into or court proceedings leading to the determination described in paragraph (2)(A)(ii) were initiated, the child shall be considered to satisfy the requirements of paragraph (3), with respect to the month, if the child would have satisfied the requirements but for the disqualification.” .

23. 2006

    Deficit Reduction Act of 2005

    Pub. L. 109–171 § 7403(a) · 120 Stat. 4

    Added · 42 U.S.C. § 672(i)

    Pub. L. 109–171, § 7403(a), added subsec. (i)

    Source evidence

    Code amendment note
    Subsec. (i). Pub. L. 109–171, § 7403(a), added subsec. (i).

    Enacted provision · exact public law section
    (a) Administrative Costs Relating to Unlicensed Care.— Section 472 (42 U.S.C. 672) is amended by inserting after subsection (h) the following: “(i) Administrative Costs Associated With Otherwise Eligible Children Not in Licensed Foster Care Settings.— Expenditures by a State that would be considered administrative expenditures for purposes of section 474(a)(3) if made with respect to a child who was residing in a foster family home or child-care institution shall be so considered with respect to a child not residing in such a home or institution— “(1) in the case of a child who has been removed in accordance with subsection (a) of this section from the home of a relative specified in section 406(a) (as in effect on July 16, 1996), only for expenditures— “(A) with respect to a period of not more than the lesser of 12 months or the average length of time it takes for the State to license or approve a home as a foster home, in which the child is in the home of a relative and an application is pending for licensing or approval of the home as a foster family home; or “(B) with respect to a period of not more than 1 calendar month when a child moves from a facility not eligible for payments under this part into a foster family home or child care institution licensed or approved by the State; and “(2) in the case of any other child who is potentially eligible for benefits under a State plan approved under this part and at imminent risk of removal from the home, only if— “(A) reasonable efforts are being made in accordance with section 471(a)(15) to prevent the need for, or if necessary to pursue, removal of the child from the home; and “(B) the State agency has made, not less often than every 6 months, a determination (or redetermination) as to whether the child remains at imminent risk of removal from the home.” .

24. 2006

    Child and Family Services Improvement Act of 2006

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

    Substituted · 42 U.S.C. § 672(d)

    Pub. L. 109–288 substituted “622(b)(8)” for “622(b)(10)”

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 109–288 substituted “622(b)(8)” for “622(b)(10)”.

    Enacted provision · exact public law section
    (6) Section 472(d) of such Act (42 U.S.C. 672(d)) is amended by striking “422(b)(10)” and inserting “422(b)(8)”.

25. 2008

    Fostering Connections to Success and Increasing Adoptions Act of 2008

    Pub. L. 110–351 § 301(a)(2) · 122 Stat. 3949

    Added · 42 U.S.C. § 672(a)(2)(B)(iii)

    Pub. L. 110–351, § 301(a)(2), added cl. (iii)

    Source evidence

    Code amendment note
    Subsec. (a)(2)(B)(iii). Pub. L. 110–351, § 301(a)(2), added cl. (iii).

    Enacted provision · exact public law section
    (2) Conforming amendments.— Section 472(a)(2)(B) of such Act (42 U.S.C. 672(a)(2)(B)) is amended— (A) in clause (i), by striking “or” at the end; (B) in clause (ii), by striking “and” at the end and inserting “or”; and (C) by adding at the end the following: “(iii) an Indian tribe or a tribal organization (as defined in section 479B(a)) or a tribal consortium that has a plan approved under section 471 in accordance with section 479B; and” .

26. 2008

    Fostering Connections to Success and Increasing Adoptions Act of 2008

    Pub. L. 110–351 § 201(b) · 122 Stat. 3949

    Inserted · 42 U.S.C. § 672(c)(2)

    Pub. L. 110–351, § 201(b), inserted “except, in the case of a child who has attained 18 years of age, the term shall include a supervised setting in which the individual is living independently, in accordance with such conditions as the Secretary shall establish in regulations,” before “but the term”

    Source evidence

    Code amendment note
    Subsec. (c)(2). Pub. L. 110–351, § 201(b), inserted “except, in the case of a child who has attained 18 years of age, the term shall include a supervised setting in which the individual is living independently, in accordance with such conditions as the Secretary shall establish in regulations,” before “but the term”.

    Enacted provision · exact public law section
    (b) Conforming Amendment to Definition of Child-Care Institution.— Section 472(c)(2) of such Act (42 U.S.C. 672(c)(2)) is amended by inserting “except, in the case of a child who has attained 18 years of age, the term shall include a supervised setting in which the individual is living independently, in accordance with such conditions as the Secretary shall establish in regulations,” before “but”.

27. 2010

    Elder Justice Act of 2009

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

    Inserted · 42 U.S.C. § 672(h)(1)

    Pub. L. 111–148 inserted “division A of” before “subchapter XX”

    Source evidence

    Code amendment note
    Subsec. (h)(1). Pub. L. 111–148 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.

28. 2018

    Bipartisan Budget Act of 2018

    Pub. L. 115–123 § 50741(a)(1)(A) · 132 Stat. 64

    Inserted · 42 U.S.C. § 672(a)(2)(C)

    Pub. L. 115–123, § 50741(a)(1)(A), inserted “, but only to the extent permitted under subsection (k)” after “institution”

    Source evidence

    Code amendment note
    Subsec. (a)(2)(C). Pub. L. 115–123, § 50741(a)(1)(A), inserted “, but only to the extent permitted under subsection (k)” after “institution”.

    Enacted provision · exact public law section
    (A) in subsection (a)(2)(C), by inserting “, but only to the extent permitted under subsection (k)” after “institution”; and

    Effective date note
    Amendment by section 50712(a) of Pub. L. 115–123 effective Oct. 1, 2018, 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. Amendment by section 50741(a)(1), (b) of Pub. L. 115–123 effective Oct. 1, 2019, with State option to delay effective date for not more than 2 years and subject to State waiver provisions, see section 50746 of Pub. L. 115–123, set out as a note under section 622 of this title.

29. 2018

    Bipartisan Budget Act of 2018

    Pub. L. 115–123 § 50712(a)(1) · 132 Stat. 64

    Substituted · 42 U.S.C. § 672(a)(2)(C)

    Pub. L. 115–123, § 50712(a)(1), substituted “, with a parent residing in a licensed residential family-based treatment facility, but only to the extent permitted under subsection (j), or in a” for “or”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 115–123, § 50712(a)(1), substituted “, with a parent residing in a licensed residential family-based treatment facility, but only to the extent permitted under subsection (j), or in a” for “or”.

    Enacted provision · exact public law section
    (1) in subsection (a)(2)(C), by striking “or” and inserting “, with a parent residing in a licensed residential family-based treatment facility, but only to the extent permitted under subsection (j), or in a”; and

    Effective date note
    Amendment by section 50712(a) of Pub. L. 115–123 effective Oct. 1, 2018, 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. Amendment by section 50741(a)(1), (b) of Pub. L. 115–123 effective Oct. 1, 2019, with State option to delay effective date for not more than 2 years and subject to State waiver provisions, see section 50746 of Pub. L. 115–123, set out as a note under section 622 of this title.

30. 2018

    Bipartisan Budget Act of 2018

    Pub. L. 115–123 § 50741(b) · 132 Stat. 64

    Amended · 42 U.S.C. § 672(c)

    Pub. L. 115–123, § 50741(b), amended subsec. (c) generally. Prior to amendment, text read as follows: “For the purposes of this part, (1) the term ‘foster family home’ means a foster family home for children which is licensed by the State in which it is situated or has been approved, by the agency of such State having responsibility for licensing homes of this type, as meeting the standards established for such licensing; and (2) the term ‘child-care institution’ means a private child-care institution, or a public child-care institution which accommodates no more than twenty-five children, which is licensed by the State in which it is situated or has been approved, by the agency of such State responsible for licensing or approval of institutions of this type, as meeting the standards established for such licensing, except, in the case of a child who has attained 18 years of age, the term shall include a supervised setting in which the individual is living independently, in accordance with such conditions as the Secretary shall establish in regulations, but the term shall not include detention facilities, forestry camps, training schools, or any other facility operated primarily for the detention of children who are determined to be delinquent.”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 115–123, § 50741(b), amended subsec. (c) generally. Prior to amendment, text read as follows: “For the purposes of this part, (1) the term ‘foster family home’ means a foster family home for children which is licensed by the State in which it is situated or has been approved, by the agency of such State having responsibility for licensing homes of this type, as meeting the standards established for such licensing; and (2) the term ‘child-care institution’ means a private child-care institution, or a public child-care institution which accommodates no more than twenty-five children, which is licensed by the State in which it is situated or has been approved, by the agency of such State responsible for licensing or approval of institutions of this type, as meeting the standards established for such licensing, except, in the case of a child who has attained 18 years of age, the term shall include a supervised setting in which the individual is living independently, in accordance with such conditions as the Secretary shall establish in regulations, but the term shall not include detention facilities, forestry camps, training schools, or any other facility operated primarily for the detention of children who are determined to be delinquent.”

    Enacted provision · exact public law section
    (b) Definition of Foster Family Home, Child-Care Institution.— Section 472(c) of such Act (42 U.S.C. 672(c)(1)) is amended to read as follows: “(c) Definitions.— For purposes of this part: “(1) Foster family home.— “(A) In general.— The term ‘foster family home’ means the home of an individual or family— “(i) that is licensed or approved by the State in which it is situated as a foster family home that meets the standards established for the licensing or approval; and “(ii) in which a child in foster care has been placed in the care of an individual, who resides with the child and who has been licensed or approved by the State to be a foster parent— “(I) that the State deems capable of adhering to the reasonable and prudent parent standard; “(II) that provides 24-hour substitute care for children placed away from their parents or other caretakers; and “(III) that provides the care for not more than six children in foster care. “(B) State flexibility.— The number of foster children that may be cared for in a home under subparagraph (A) may exceed the numerical limitation in subparagraph (A)(ii)(III), at the option of the State, for any of the following reasons: “(i) To allow a parenting youth in foster care to remain with the child of the parenting youth. “(ii) To allow siblings to remain together. “(iii) To allow a child with an established meaningful relationship with the family to remain with the family. “(iv) To allow a family with special training or skills to provide care to a child who has a severe disability. “(C) Rule of construction.— Subparagraph (A) shall not be construed as prohibiting a foster parent from renting the home in which the parent cares for a foster child placed in the parent’s care. “(2) Child-care institution.— “(A) In general.— The term ‘child-care institution’ means a private child-care institution, or a public child-care institution which accommodates no more than 25 children, which is licensed by the State in which it is situated or has been approved by the agency of the State responsible for licensing or approval of institutions of this type as meeting the standards established for the licensing. “(B) Supervised settings.— In the case of a child who has attained 18 years of age, the term shall include a supervised setting in which the individual is living independently, in accordance with such conditions as the Secretary shall establish in regulations. “(C) Exclusions.— The term shall not include detention facilities, forestry camps, training schools, or any other facility operated primarily for the detention of children who are determined to be delinquent.” .

    Effective date note
    Amendment by section 50712(a) of Pub. L. 115–123 effective Oct. 1, 2018, 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. Amendment by section 50741(a)(1), (b) of Pub. L. 115–123 effective Oct. 1, 2019, with State option to delay effective date for not more than 2 years and subject to State waiver provisions, see section 50746 of Pub. L. 115–123, set out as a note under section 622 of this title.

31. 2018

    Bipartisan Budget Act of 2018

    Pub. L. 115–123 § 50712(a)(2) · 132 Stat. 64

    Added · 42 U.S.C. § 672(j)

    Pub. L. 115–123, § 50712(a)(2), added subsec. (j)

    Source evidence

    Code amendment note
    Subsec. (j). Pub. L. 115–123, § 50712(a)(2), added subsec. (j).

    Enacted provision · exact public law section
    (2) by adding at the end the following: “(j) Children Placed With a Parent Residing in a Licensed Residential Family-Based Treatment Facility for Substance Abuse.— “(1) In general.— Notwithstanding the preceding provisions of this section, a child who is eligible for foster care maintenance payments under this section, or who would be eligible for the payments if the eligibility were determined without regard to paragraphs (1)(B) and (3) of subsection (a), shall be eligible for the payments for a period of not more than 12 months during which the child is placed with a parent who is in a licensed residential family-based treatment facility for substance abuse, but only if— “(A) the recommendation for the placement is specified in the child’s case plan before the placement; “(B) the treatment facility provides, as part of the treatment for substance abuse, parenting skills training, parent education, and individual and family counseling; and “(C) the substance abuse treatment, parenting skills training, parent education, and individual and family counseling is provided under an organizational structure and treatment framework that involves understanding, recognizing, and responding to the effects of all types of trauma and in accordance with recognized principles of a trauma-informed approach and trauma-specific interventions to address the consequences of trauma and facilitate healing. “(2) Application.— With respect to children for whom foster care maintenance payments are made under paragraph (1), only the children who satisfy the requirements of paragraphs (1)(B) and (3) of subsection (a) shall be considered to be children with respect to whom foster care maintenance payments are made under this section for purposes of subsection (h) or section 473(b)(3)(B).” .

    Effective date note
    Amendment by section 50712(a) of Pub. L. 115–123 effective Oct. 1, 2018, 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. Amendment by section 50741(a)(1), (b) of Pub. L. 115–123 effective Oct. 1, 2019, with State option to delay effective date for not more than 2 years and subject to State waiver provisions, see section 50746 of Pub. L. 115–123, set out as a note under section 622 of this title.

32. 2018

    Bipartisan Budget Act of 2018

    Pub. L. 115–123 § 50741(a)(1)(B) · 132 Stat. 64

    Added · 42 U.S.C. § 672(k)

    Pub. L. 115–123, § 50741(a)(1)(B), added subsec. (k)

    Source evidence

    Code amendment note
    Subsec. (k). Pub. L. 115–123, § 50741(a)(1)(B), added subsec. (k).

    Enacted provision · exact public law section
    (B) by adding at the end the following: “(k) Limitation on Federal Financial Participation.— “(1) In general.— Beginning with the third week for which foster care maintenance payments are made under this section on behalf of a child placed in a child-care institution, no Federal payment shall be made to the State under section 474(a)(1) for amounts expended for foster care maintenance payments on behalf of the child unless— “(A) the child is placed in a child-care institution that is a setting specified in paragraph (2) (or is placed in a licensed residential family-based treatment facility consistent with subsection (j)); and “(B) in the case of a child placed in a qualified residential treatment program (as defined in paragraph (4)), the requirements specified in paragraph (3) and section 475A(c) are met. “(2) Specified settings for placement.— The settings for placement specified in this paragraph are the following: “(A) A qualified residential treatment program (as defined in paragraph (4)). “(B) A setting specializing in providing prenatal, post-partum, or parenting supports for youth. “(C) In the case of a child who has attained 18 years of age, a supervised setting in which the child is living independently. “(D) A setting providing high-quality residential care and supportive services to children and youth who have been found to be, or are at risk of becoming, sex trafficking victims, in accordance with section 471(a)(9)(C). “(3) Assessment to determine appropriateness of placement in a qualified residential treatment program.— “(A) Deadline for assessment.— In the case of a child who is placed in a qualified residential treatment program, if the assessment required under section 475A(c)(1) is not completed within 30 days after the placement is made, no Federal payment shall be made to the State under section 474(a)(1) for any amounts expended for foster care maintenance payments on behalf of the child during the placement. “(B) Deadline for transition out of placement.— If the assessment required under section 475A(c)(1) determines that the placement of a child in a qualified residential treatment program is not appropriate, a court disapproves such a placement under section 475A(c)(2), or a child who has been in an approved placement in a qualified residential treatment program is going to return home or be placed with a fit and willing relative, a legal guardian, or an adoptive parent, or in a foster family home, Federal payments shall be made to the State under section 474(a)(1) for amounts expended for foster care maintenance payments on behalf of the child while the child remains in the qualified residential treatment program only during the period necessary for the child to transition home or to such a placement. In no event shall a State receive Federal payments under section 474(a)(1) for amounts expended for foster care maintenance payments on behalf of a child who remains placed in a qualified residential treatment program after the end of the 30-day period that begins on the date a determination is made that the placement is no longer the recommended or approved placement for the child. “(4) Qualified residential treatment program.— For purposes of this part, the term ‘qualified residential treatment program’ means a program that— “(A) has a trauma-informed treatment model that is designed to address the needs, including clinical needs as appropriate, of children with serious emotional or behavioral disorders or disturbances and, with respect to a child, is able to implement the treatment identified for the child by the assessment of the child required under section 475A(c); “(B) subject to paragraphs (5) and (6), has registered or licensed nursing staff and other licensed clinical staff who— “(i) provide care within the scope of their practice as defined by State law; “(ii) are on-site according to the treatment model referred to in subparagraph (A); and “(iii) are available 24 hours a day and 7 days a week; “(C) to extent appropriate, and in accordance with the child’s best interests, facilitates participation of family members in the child’s treatment program; “(D) facilitates outreach to the family members of the child, including siblings, documents how the outreach is made (including contact information), and maintains contact information for any known biological family and fictive kin of the child; “(E) documents how family members are integrated into the treatment process for the child, including post-discharge, and how sibling connections are maintained; “(F) provides discharge planning and family-based aftercare support for at least 6 months post-discharge; and “(G) is licensed in accordance with section 471(a)(10) and is accredited by any of the following independent, not-for-profit organizations: “(i) The Commission on Accreditation of Rehabilitation Facilities (CARF). “(ii) The Joint Commission on Accreditation of Healthcare Organizations (JCAHO). “(iii) The Council on Accreditation (COA). “(iv) Any other independent, not-for-profit accrediting organization approved by the Secretary. “(5) Administrative costs.— The prohibition in paragraph (1) on Federal payments under section 474(a)(1) shall not be construed as prohibiting Federal payments for administrative expenditures incurred on behalf of a child placed in a child-care institution and for which payment is available under section 474(a)(3). “(6) Rule of construction.— The requirements in paragraph (4)(B) shall not be construed as requiring a qualified residential treatment program to acquire nursing and behavioral health staff solely through means of a direct employer to employee relationship.” .

    Effective date note
    Amendment by section 50712(a) of Pub. L. 115–123 effective Oct. 1, 2018, 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. Amendment by section 50741(a)(1), (b) of Pub. L. 115–123 effective Oct. 1, 2019, with State option to delay effective date for not more than 2 years and subject to State waiver provisions, see section 50746 of Pub. L. 115–123, set out as a note under section 622 of this title.

33 of 34 references resolved to an enrolled provision · 1 partial