United States Code (Last Updated: May 24, 2014) |
Title 42. THE PUBLIC HEALTH AND WELFARE |
Chapter 7. SOCIAL SECURITY |
SubChapter IV. GRANTS TO STATES FOR AID AND SERVICES TO NEEDY FAMILIES WITH CHILDREN AND FOR CHILD-WELFARE SERVICES |
Part B. Child and Family Services |
SubPart 1. stephanie tubbs jones child welfare services program |
§ 622. State plans for child welfare services
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(a) Joint development In order to be eligible for payment under this subpart, a State must have a plan for child welfare services which has been developed jointly by the Secretary and the State agency designated pursuant to subsection (b)(1) of this section, and which meets the requirements of subsection (b) of this section.
(b) Requisite features of State plans Each plan for child welfare services under this subpart shall— (1) provide that (A) the individual or agency that administers or supervises the administration of the State’s services program under division A that the State will develop, in coordination and collaboration with the State agency referred to in paragraph (1) and the State agency responsible for administering the State plan approved under subchapter XIX, and in consultation with pediatricians, other experts in health care, and experts in and recipients of child welfare services, a plan for the ongoing oversight and coordination of health care services for any child in a foster care placement, which shall ensure a coordinated strategy to identify and respond to the health care needs of children in foster care placements, including mental health and dental health needs, and shall include an outline of— (i) a schedule for initial and follow-up health screenings that meet reasonable standards of medical practice; (ii) how health needs identified through screenings will be monitored and treated, including emotional trauma associated with a child’s maltreatment and removal from home; (iii) how medical information for children in care will be updated and appropriately shared, which may include the development and implementation of an electronic health record; (iv) steps to ensure continuity of health care services, which may include the establishment of a medical home for every child in care; (v) the oversight of prescription medicines, including protocols for the appropriate use and monitoring of psychotropic medications; (vi) how the State actively consults with and involves physicians or other appropriate medical or non-medical professionals in assessing the health and well-being of children in foster care and in determining appropriate medical treatment for the children; and (vii) steps to ensure that the components of the transition plan development process required under section 675(5)(H) of this title that relate to the health care needs of children aging out of foster care, including the requirements to include options for health insurance, information about a health care power of attorney, health care proxy, or other similar document recognized under State law, and to provide the child with the option to execute such a document, are met; and (B) subparagraph (A) shall not be construed to reduce or limit the responsibility of the State agency responsible for administering the State plan approved under subchapter XIX to administer and provide care and services for children with respect to whom services are provided under the State plan developed pursuant to this subpart; (16) provide that, not later than 1 year after September 28, 2006 , the State shall have in place procedures providing for how the State programs assisted under this subpart, subpart 2 of this part, or part E would respond to a disaster, in accordance with criteria established by the Secretary which should include how a State would—(A) identify, locate, and continue availability of services for children under State care or supervision who are displaced or adversely affected by a disaster; (B) respond, as appropriate, to new child welfare cases in areas adversely affected by a disaster, and provide services in those cases; (C) remain in communication with caseworkers and other essential child welfare personnel who are displaced because of a disaster; (D) preserve essential program records; and (E) coordinate services and share information with other States; (17) not later than October 1, 2007 , describe the State standards for the content and frequency of caseworker visits for children who are in foster care under the responsibility of the State, which, at a minimum, ensure that the children are visited on a monthly basis and that the caseworker visits are well-planned and focused on issues pertinent to case planning and service delivery to ensure the safety, permanency, and well-being of the children;(18) include a description of the activities that the State has undertaken to reduce the length of time children who have not attained 5 years of age are without a permanent family, and the activities the State undertakes to address the developmental needs of such children who receive benefits or services under this part or part E; and (19) contain a description of the sources used to compile information on child maltreatment deaths required by Federal law to be reported by the State agency referred to in paragraph (1), and to the extent that the compilation does not include information on such deaths from the State vital statistics department, child death review teams, law enforcement agencies, or offices of medical examiners or coroners, the State shall describe why the information is not so included and how the State will include the information. (c) Definitions In this subpart: (1) Administrative costs The term “administrative costs” means costs for the following, but only to the extent incurred in administering the State plan developed pursuant to this subpart: procurement, payroll management, personnel functions (other than the portion of the salaries of supervisors attributable to time spent directly supervising the provision of services by caseworkers), management, maintenance and operation of space and property, data processing and computer services, accounting, budgeting, auditing, and travel expenses (except those related to the provision of services by caseworkers or the oversight of programs funded under this subpart).
(2) Other terms For definitions of other terms used in this part, see section 675 of this title.
References In Text
Division A of subchapter XX, referred to in subsec. (b)(1), (2), was in the original a reference to subtitle 1 of title XX, which was translated as if referring to subtitle A of title XX of the Social Security Act, to reflect the probable intent of Congress. Title XX of the Act, enacting subchapter XX of this chapter, does not contain a subtitle 1.
Section 103(d) of the Adoption Assistance and Child Welfare Act of 1980, referred to in subsec. (b)(1), is section 103(d) of Pub. L. 96–272, which is set out as a note below.
The Indian Child Welfare Act, referred to in subsec. (b)(9), probably means the Indian Child Welfare Act of 1978, Pub. L. 95–608,
Amendments
2011—Subsec. (b)(15)(A)(ii). Pub. L. 112–34, § 101(b)(1), inserted “, including emotional trauma associated with a child’s maltreatment and removal from home” before the semicolon.
Subsec. (b)(15)(A)(v). Pub. L. 112–34, § 101(b)(2), inserted “, including protocols for the appropriate use and monitoring of psychotropic medications” before the semicolon.
Subsec. (b)(18). Pub. L. 112–34, § 101(b)(3), added par. (18).
Subsec. (b)(19). Pub. L. 112–34, § 101(b)(4), added par. (19).
2010—Subsec. (b)(1), (2). Pub. L. 111–148, § 6703(d)(2)(B), inserted “division A of” before “subchapter XX”.
Subsec. (b)(15)(A)(vii). Pub. L. 111–148, § 2955(c), added cl. (vii).
2008—Subsec. (b)(15). Pub. L. 110–351 amended par. (15) generally. Prior to amendment, par. (15) read as follows: “describe how the State actively consults with and involves physicians or other appropriate medical professionals in—
“(A) assessing the health and well-being of children in foster care under the responsibility of the State; and
“(B) determining appropriate medical treatment for the children;”.
2006—Subsec. (b)(3). Pub. L. 109–288, § 6(c)(1)(A), added par. (3) and struck out former par. (3) which read as follows: “provide that the standards and requirements imposed with respect to child day care under subchapter XX of this chapter shall apply with respect to day care services under this subpart, except insofar as eligibility for such services is involved;”.
Subsec. (b)(4). Pub. L. 109–288, § 6(c)(1)(A), (B), added par. (4) and struck out former par. (4) which read as follows: “provide for the training and effective use of paid paraprofessional staff, with particular emphasis on the full-time or part-time employment of persons of low income, as community service aides, in the administration of the plan, and for the use of nonpaid or partially paid volunteers in providing services and in assisting any advisory committees established by the State agency;”.
Subsec. (b)(5). Pub. L. 109–288, § 6(c)(1)(A), (C), redesignated par. (7) as (5) and struck out former par. (5) which read as follows: “contain a description of the services to be provided and specify the geographic areas where such services will be available;”.
Subsec. (b)(6). Pub. L. 109–288, § 6(c)(1)(B), (C), redesignated par. (8) as (6) and struck out former par. (6) which read as follows: “contain a description of the steps which the State will take to provide child welfare services and to make progress in—
“(A) covering additional political subdivisions,
“(B) reaching additional children in need of services, and
“(C) expanding and strengthening the range of existing services and developing new types of services,
along with a description of the State’s child welfare services staff development and training plans;”.
Subsec. (b)(7). Pub. L. 109–288, § 6(c)(1)(C), redesignated par. (9) as (7). Former par. (7) redesignated (5).
Subsec. (b)(8), (9). Pub. L. 109–288, § 6(c)(1)(G), redesignated pars. (10) and (11) as (8) and (9), respectively. Former pars. (8) and (9) redesignated (6) and (7), respectively.
Subsec. (b)(10). Pub. L. 109–288, § 6(c)(1)(G), redesignated par. (12) as (10). Former par. (10) redesignated (8).
Subsec. (b)(10)(A). Pub. L. 109–288, § 6(c)(1)(D)(i), (iii), redesignated subpar. (B) as (A) and struck out former subpar. (A) which read as follows: “since
“(i) the appropriateness of, and necessity for, the foster care placement;
“(ii) whether the child could or should be returned to the parents of the child or should be freed for adoption or other permanent placement; and
“(iii) the services necessary to facilitate the return of the child or the placement of the child for adoption or legal guardianship;”.
Subsec. (b)(10)(B). Pub. L. 109–288, § 6(c)(1)(D)(iv), added subpar. (B). Former subpar. (B) redesignated (A).
Subsec. (b)(10)(B)(iii)(II). Pub. L. 109–288, § 6(c)(1)(D)(ii), inserted “, which may include a residential educational program” after “in some other planned, permanent living arrangement”.
Subsec. (b)(10)(C). Pub. L. 109–288, § 6(c)(1)(D)(iv), struck out subpar. (C) which read as follows:
“(i) has reviewed (or within 12 months after
“(ii) is implementing (or within 24 months after
Subsec. (b)(11). Pub. L. 109–288, § 6(c)(1)(G), redesignated par. (13) as (11). Former par. (11) redesignated (9).
Subsec. (b)(12). Pub. L. 109–288, § 6(c)(1)(G), redesignated par. (14) as (12). Former par. (12) redesignated (10).
Pub. L. 109–239 substituted “make” for “develop plans for the” and inserted “(including through contracts for the purchase of services), and shall eliminate legal barriers,” after “resources”.
Subsec. (b)(13). Pub. L. 109–288, § 6(c)(1)(G), redesignated par. (15) as (13). Former par. (13) redesignated (11).
Subsec. (b)(14). Pub. L. 109–288, § 6(c)(1)(E), (F), (H), added par. (14). Former par. (14) redesignated (12).
Subsec. (b)(15). Pub. L. 109–288, § 6(c)(1)(E), (F), (H), added par. (15). Former par. (15) redesignated (13).
Pub. L. 109–171 added par. (15).
Subsec. (b)(16). Pub. L. 109–288, § 6(c)(1)(E), (F), (H), added par. (16).
Subsec. (b)(17). Pub. L. 109–288, § 7(a), added par. (17).
Subsec. (c). Pub. L. 109–288, § 6(c)(2), added subsec. (c).
2000—Subsec. (b)(13), (14). Pub. L. 106–279 added pars. (13) and (14).
1998—Subsec. (b)(2). Pub. L. 105–200 struck out “under” before “the State plan approved under part E of this subchapter”.
1997—Subsec. (b)(9). Pub. L. 105–33, § 5592(a)(2), made technical amendment to directory language of Pub. L. 103–432, § 204(a)(2). See 1994 Amendment note below.
Pub. L. 105–33, § 5592(a)(1)(A)(iii), redesignated par. (9), relating to providing assurances that the State has met certain requirements to protect foster children, as (10).
Pub. L. 105–33, § 5592(a)(1)(A)(i), amended par. (9) relating to diligent recruitment of potential foster and adoptive families by substituting a semicolon for period at end.
Subsec. (b)(10). Pub. L. 105–33, § 5592(a)(1)(A)(iii), redesignated par. (9), relating to providing assurances that the State has met certain requirements to protect foster children, as (10). Former par. (10) redesignated (11).
Subsec. (b)(10)(B). Pub. L. 105–89, § 102(1), in cl. (iii)(I) inserted “safe and” after “where” and in cl. (iv) inserted “safely” after “remain”.
Subsec. (b)(11). Pub. L. 105–33, § 5592(a)(1)(A)(ii), redesignated par. (10) as (11).
Subsec. (b)(12). Pub. L. 105–89, § 202(a), added par. (12).
1996—Subsec. (b)(2). Pub. L. 104–193 substituted “program funded under part A of this subchapter” for “plan approved under part A of this subchapter” and “under the State plan approved under part E of this subchapter” for “part E of this subchapter”.
1994—Subsec. (b)(7). Pub. L. 103–432, § 202(a)(1), which directed amendment of par. (7) by striking out “and” at end, could not be executed because “and” did not appear at end subsequent to amendment by Pub. L. 103–382, § 554(1). See below.
Pub. L. 103–382, § 554(1), struck out “and” at end.
Subsec. (b)(8). Pub. L. 103–432, § 204(a)(1), struck out “and” at end.
Pub. L. 103–432, § 202(a)(2), which directed amendment of par. (8) by substituting “; and” for period at end, could not be executed because there was no period at end subsequent to amendment by Pub. L. 103–382, § 554(2). See below.
Pub. L. 103–382, § 554(2), substituted “; and” for period at end.
Subsec. (b)(9). Pub. L. 103–432, § 204(a)(2), as amended by Pub. L. 105–33, § 5592(a)(2), substituted “; and” for period at end of par. (9) relating to providing assurances that the State has met certain requirements to protect foster children.
Pub. L. 103–432, § 202(a)(3), added par. (9) relating to providing assurances that the State has met certain requirements to protect foster children.
Pub. L. 103–382, § 554(3), added par. (9) relating to diligent recruitment of potential foster and adoptive families.
Subsec. (b)(10). Pub. L. 103–432, § 204(a)(3), added par. (10).
1993—Subsec. (a). Pub. L. 103–66, § 13711(b)(1)(A), substituted “under this subpart” for “under this part”.
Subsec. (b). Pub. L. 103–66, § 13711(b)(1)(B), substituted “this subpart” for “this part” in introductory provisions.
Subsec. (b)(2). Pub. L. 103–66, § 13711(b)(1)(B), (C), inserted “under the State plan approved under subpart 2 of this part,” after “part A of this subchapter,” and substituted “under this subpart” for “under this part”.
Subsec. (b)(3). Pub. L. 103–66, § 13711(b)(1)(B), substituted “under this subpart” for “under this part”.
1989—Subsec. (b)(1)(A). Pub. L. 101–239 substituted “the individual or agency that administers or supervises the administration of the State’s services program under subchapter XX of this chapter” for “the individual or agency designated pursuant to section 1397b(d)(1)(C) of this title to administer or supervise the administration of the State’s services program”.
1980—Pub. L. 96–272 substituted provisions relating to State plans covering child welfare services for provisions relating to the payments to States and the computation of amounts.
1975—Subsec. (a)(1)(A)(i). Pub. L. 93–647, § 3(a)(6), substituted “the individual or agency designated pursuant to section 1397b(d)(1)(C) of this title to administer or supervise the administration of the State’s services program” for “the State agency designated pursuant to section 602(a)(3) of this title to administer or supervise the administration of the plan of the State approved under part A of this subchapter”.
Subsec. (a)(i)(A)(ii). Pub. L. 93–647, § 3(a)(7), substituted “a single organizational unit in such State or local agency, as the case may be,” for “the organizational unit in such State or local agency established pursuant to section 602(a)(15) of this title”.
Subsec. (c). Pub. L. 93–647, § 3(h), added subsec. (c).
1968—Subsec. (a)(1). Pub. L. 90–248, § 240(d), added subpar. (A) and redesignated former subpars. (A) and (B) as (B) and (C), respectively.
Effective Date Of Amendment
Pub. L. 112–34, title I, § 107,
Pub. L. 111–148, title II, § 2955(d),
Amendment by Pub. L. 110–351 effective
Amendment by Pub. L. 109–288 effective
Pub. L. 109–239, § 14,
Amendment by Pub. L. 109–171 effective as if enacted on
Amendment by Pub. L. 106–279 effective
Pub. L. 105–89, title V, § 501,
Pub. L. 105–33, title V, § 5593,
Amendment by Pub. L. 104–193 effective
Pub. L. 103–432, title II, § 202(e),
Pub. L. 103–432, title II, § 204(b),
Pub. L. 103–66, title XIII, § 13711(c),
Pub. L. 101–239, title X, § 10403(b)(2),
Amendment by section 3 of Pub. L. 93–647 effective with respect to payments under sections 603 and 803 of this title for quarters commencing after
Pub. L. 90–248, title II, § 240(e)(3),
Miscellaneous
Pub. L. 103–382, title V, § 552,
Pub. L. 96–272, title I, § 103(c),
Pub. L. 96–272, title I, § 103(d),
Pub. L. 90–248, title II, § 240(f)(3),