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 E. Federal Payments for Foster Care and Adoption Assistance |
§ 671. State plan for foster care and adoption assistance
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(a) Requisite features of State plan In order for a State to be eligible for payments under this part, it shall have a plan approved by the Secretary which— (1) provides for foster care maintenance payments in accordance with section 672 of this title and for adoption assistance in accordance with section 673 of this title; (2) provides that the State agency responsible for administering the program authorized by subpart 1 of part B of this subchapter shall administer, 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 subchapter, under division A that the State shall have in effect procedures for the orderly and timely interstate placement of children; and procedures implemented in accordance with an interstate compact, if incorporating with the procedures prescribed by paragraph (26), shall be considered to satisfy the requirement of this paragraph; (26) provides that— (A) (i) within 60 days after the State receives from another State a request to conduct a study of a home environment for purposes of assessing the safety and suitability of placing a child in the home, the State shall, directly or by contract— (I) conduct and complete the study; and (II) return to the other State a report on the results of the study, which shall address the extent to which placement in the home would meet the needs of the child; and (ii) in the case of a home study begun on or before September 30, 2008 , if the State fails to comply with clause (i) within the 60-day period as a result of circumstances beyond the control of the State (such as a failure by a Federal agency to provide the results of a background check, or the failure by any entity to provide completed medical forms, requested by the State at least 45 days before the end of the 60-day period), the State shall have 75 days to comply with clause (i) if the State documents the circumstances involved and certifies that completing the home study is in the best interests of the child; except that(iii) this subparagraph shall not be construed to require the State to have completed, within the applicable period, the parts of the home study involving the education and training of the prospective foster or adoptive parents; (B) the State shall treat any report described in subparagraph (A) that is received from another State or an Indian tribe (or from a private agency under contract with another State) as meeting any requirements imposed by the State for the completion of a home study before placing a child in the home, unless, within 14 days after receipt of the report, the State determines, based on grounds that are specific to the content of the report, that making a decision in reliance on the report would be contrary to the welfare of the child; and (C) the State shall not impose any restriction on the ability of a State agency administering, or supervising the administration of, a State program operated under a State plan approved under this part to contract with a private agency for the conduct of a home study described in subparagraph (A); (27) provides that, with respect to any child in foster care under the responsibility of the State under this part or part B and without regard to whether foster care maintenance payments are made under section 672 of this title on behalf of the child, the State has in effect procedures for verifying the citizenship or immigration status of the child; (28) at the option of the State, provides for the State to enter into kinship guardianship assistance agreements to provide kinship guardianship assistance payments on behalf of children to grandparents and other relatives who have assumed legal guardianship of the children for whom they have cared as foster parents and for whom they have committed to care on a permanent basis, as provided in section 673(d) of this title; (29) provides that, within 30 days after the removal of a child from the custody of the parent or parents of the child, the State shall exercise due diligence to identify and provide notice to all adult grandparents and other adult relatives of the child (including any other adult relatives suggested by the parents), subject to exceptions due to family or domestic violence, that— (A) specifies that the child has been or is being removed from the custody of the parent or parents of the child; (B) explains the options the relative has under Federal, State, and local law to participate in the care and placement of the child, including any options that may be lost by failing to respond to the notice; (C) describes the requirements under paragraph (10) of this subsection to become a foster family home and the additional services and supports that are available for children placed in such a home; and (D) if the State has elected the option to make kinship guardianship assistance payments under paragraph (28) of this subsection, describes how the relative guardian of the child may subsequently enter into an agreement with the State under section 673(d) of this title to receive the payments; (30) provides assurances that each child who has attained the minimum age for compulsory school attendance under State law and with respect to whom there is eligibility for a payment under the State plan is a full-time elementary or secondary school student or has completed secondary school, and for purposes of this paragraph, the term “elementary or secondary school student” means, with respect to a child, that the child is— (A) enrolled (or in the process of enrolling) in an institution which provides elementary or secondary education, as determined under the law of the State or other jurisdiction in which the institution is located; (B) instructed in elementary or secondary education at home in accordance with a home school law of the State or other jurisdiction in which the home is located; (C) in an independent study elementary or secondary education program in accordance with the law of the State or other jurisdiction in which the program is located, which is administered by the local school or school district; or (D) incapable of attending school on a full-time basis due to the medical condition of the child, which incapability is supported by regularly updated information in the case plan of the child; (31) provides that reasonable efforts shall be made— (A) to place siblings removed from their home in the same foster care, kinship guardianship, or adoptive placement, unless the State documents that such a joint placement would be contrary to the safety or well-being of any of the siblings; and (B) in the case of siblings removed from their home who are not so jointly placed, to provide for frequent visitation or other ongoing interaction between the siblings, unless that State documents that frequent visitation or other ongoing interaction would be contrary to the safety or well-being of any of the siblings; (32) provides that the State will negotiate in good faith with any Indian tribe, tribal organization or tribal consortium in the State that requests to develop an agreement with the State to administer all or part of the program under this part on behalf of Indian children who are under the authority of the tribe, organization, or consortium, including foster care maintenance payments on behalf of children who are placed in State or tribally licensed foster family homes, adoption assistance payments, and, if the State has elected to provide such payments, kinship guardianship assistance payments under section 673(d) of this title, and tribal access to resources for administration, training, and data collection under this part; and (33) provides that the State will inform any individual who is adopting, or whom the State is made aware is considering adopting, a child who is in foster care under the responsibility of the State of the potential eligibility of the individual for a Federal tax credit under section 23 of the Internal Revenue Code of 1986. (b) Approval of plan by Secretary The Secretary shall approve any plan which complies with the provisions of subsection (a) of this section.
(c) Use of child welfare records in State court proceedings Subsection (a)(8) shall not be construed to limit the flexibility of a State in determining State policies relating to public access to court proceedings to determine child abuse and neglect or other court hearings held pursuant to part B or this part, except that such policies shall, at a minimum, ensure the safety and well-being of the child, parents, and family.
References In Text
Division A of subchapter XX, referred to in subsec. (a)(4), 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 534(e)(3)(A) of title 28, referred to in subsec. (a)(20)(A), (C), was redesignated section 534(f)(3)(A) of title 28 by Pub. L. 109–248, title I, § 153(i),
The Internal Revenue Code of 1986, referred to in subsec. (a)(33), is classified generally to Title 26, Internal Revenue Code.
Codification
Amendment by section 101(c)(2)(B)(i) of Pub. L. 110–351 was executed after amendment by section 101(c)(2)(A)(ii) of Pub. L. 110–351, notwithstanding section 101(c)(2)(B)(ii) of Pub. L. 110–351, set out as an Effective Date of 2008 Amendment note below, to reflect the probable intent of Congress.
Amendments
2010—Subsec. (a)(4). Pub. L. 111–148 inserted “division A of” before “subchapter XX”.
2008—Subsec. (a)(10). Pub. L. 110–351, § 104(a), substituted “civil rights, provides” for “civil rights, and provides” and inserted “, and provides that a waiver of any such standard may be made only on a case-by-case basis for non-safety standards (as determined by the State) in relative foster family homes for specific children in care” before semicolon at end.
Subsec. (a)(20)(B). Pub. L. 110–351, § 101(c)(2)(A)(i), which directed insertion of “and” at end of subpar. (C), was executed by making the insertion at end of subpar. (B), to reflect the probable intent of Congress and the redesignation of subpar. (C) as (B) by Pub. L. 109–248, § 152(b)(2). See 2006 Amendment note below.
Subsec. (a)(20)(C). Pub. L. 110–351, § 101(c)(2)(B)(i)(II), redesignated subpar. (D) as (C). See Codification note above.
Subsec. (a)(20)(D). Pub. L. 110–351, § 101(c)(2)(B)(i)(II), redesignated subpar. (D) as (C). See Codification note above.
Pub. L. 110–351, § 101(c)(2)(B)(i)(I), substituted “subparagraph (B)” for “subparagraph (C)”. See Codification note above.
Pub. L. 110–351, § 101(c)(2)(A)(ii), added subpar. (D).
Subsec. (a)(28). Pub. L. 110–351, § 101(a), added par. (28).
Subsec. (a)(29). Pub. L. 110–351, § 103, added par. (29).
Subsec. (a)(30). Pub. L. 110–351, § 204(b), added par. (30).
Subsec. (a)(31). Pub. L. 110–351, § 206, added par. (31).
Subsec. (a)(32). Pub. L. 110–351, § 301(c)(1)(A), added par. (32).
Subsec. (a)(33). Pub. L. 110–351, § 403, added par. (33).
2006—Subsec. (a)(8). Pub. L. 109–171, § 7401(c)(1), inserted “subject to subsection (c),” after “(8)”.
Subsec. (a)(15)(C). Pub. L. 109–239, § 10(a), inserted “(including, if appropriate, through an interstate placement)” after “accordance with the permanency plan”.
Subsec. (a)(15)(E)(i). Pub. L. 109–239, § 10(b), inserted “, which considers in-State and out-of-State permanent placement options for the child,” before “shall”.
Subsec. (a)(15)(F). Pub. L. 109–239, § 10(c), inserted “, including identifying appropriate in-State and out-of-State placements” before “may”.
Subsec. (a)(20)(A). Pub. L. 109–248, § 152(b)(1), struck out “unless an election provided for in subparagraph (B) is made with respect to the State,” before “provides procedures” in introductory provisions.
Pub. L. 109–248, § 152(a)(1)(A)(i), which directed amendment of subpar. (A) by inserting “, including fingerprint-based checks of national crime information databases (as defined in section 534(e)(3)(A) of title 28),” after “criminal records checks” and substituting “regardless of whether foster care maintenance payments or adoption assistance payments are to be made on behalf of the child” for “on whose behalf foster care maintenance payments or adoption assistance payments are to be made” in the matter preceding “clause (I)”, was executed by making the insertion and substitution in the introductory provisions preceding cl. (i), to reflect the probable intent of Congress.
Subsec. (a)(20)(A)(i), (ii). Pub. L. 109–248, § 152(a)(1)(A)(ii), inserted “involving a child on whose behalf such payments are to be so made” after “in any case”.
Subsec. (a)(20)(B). Pub. L. 109–248, § 152(b)(2), redesignated subpar. (C) as (B) and struck out former subpar. (B) which read as follows: “subparagraph (A) shall not apply to a State plan if, on or before
Pub. L. 109–248, § 152(a)(2), inserted “, on or before
Subsec. (a)(20)(C). Pub. L. 109–248, § 152(b)(2), redesignated subpar. (C) as (B).
Pub. L. 109–248, § 152(a)(1)(B), added subpar. (C).
Subsec. (a)(25). Pub. L. 109–239, § 3, added par. (25).
Subsec. (a)(26). Pub. L. 109–239, § 4(a)(1), added par. (26).
Subsec. (a)(27). Pub. L. 109–432 added par. (27).
Subsec. (c). Pub. L. 109–171, § 7401(c)(2), added subsec. (c).
1999—Subsec. (a)(8). Pub. L. 106–169, § 401(o), struck out “(including activities under part F of this subchapter)” after “part A, B, or D of this subchapter”.
Subsec. (a)(24). Pub. L. 106–169, § 112(a), added par. (24).
1998—Subsec. (a)(23). Pub. L. 105–200 added par. (23).
1997—Subsec. (a)(15). Pub. L. 105–89, § 101(a), amended par. (15) generally. Prior to amendment, par. (15) read as follows: “effective
Subsec. (a)(17). Pub. L. 105–33, § 5591(b)(1), struck out “and” at end.
Subsec. (a)(18). Pub. L. 105–33, § 5591(b)(3), redesignated par. (18), relating to preference to adult relatives, as (19).
Pub. L. 105–33, § 5591(b)(2), substituted “; and” for period at end of par. (18) relating to denial or delay of adoption or foster care on basis of race, color, or national origin.
Subsec. (a)(19). Pub. L. 105–33, § 5591(b)(3), redesignated par. (18), relating to preference to adult relatives, as (19).
Subsec. (a)(20). Pub. L. 105–89, § 106, added par. (20).
Subsec. (a)(21). Pub. L. 105–89, § 306, added par. (21).
Subsec. (a)(22). Pub. L. 105–89, § 308, added par. (22).
1996—Subsec. (a)(17). Pub. L. 104–193, § 108(d)(2), substituted “program funded under part A of this subchapter and plan approved under part D of this subchapter” for “plans approved under parts A and D of this subchapter”.
Subsec. (a)(18). Pub. L. 104–193, § 505(3), added par. (18) relating to preference to adult relatives.
Pub. L. 104–188, § 1808(a)(3), added par. (18) relating to denial or delay of adoption or foster care on basis of race, color, or national origin.
1994—Subsec. (b). Pub. L. 103–432 struck out after first sentence “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) of this section, 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.”
1993—Subsec. (a)(2). Pub. L. 103–66 substituted “subpart 1 of part B” for “part B”.
1990—Subsec. (a)(8)(E). Pub. L. 101–508, § 5054(b)(2), added cl. (E).
Subsec. (a)(9). Pub. L. 101–508, § 5054(b)(1), amended par. (9) generally. Prior to amendment, par. (9) read as follows: “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 provided under this part or part B of this subchapter 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;”.
1988—Subsec. (a)(8)(A). Pub. L. 100–485 substituted “part A, B, or D of this subchapter (including activities under part F of this subchapter)” for “part A, B, C, or D of this subchapter”.
1986—Subsec. (a)(1), (11). Pub. L. 99–514 substituted “adoption assistance” for “adoption assistance payments”.
1984—Subsec. (a)(17). Pub. L. 98–378 added par. (17).
1982—Subsec. (a)(10). Pub. L. 97–248 amended Pub. L. 97–35, § 2353(r), generally. See 1981 Amendment note below.
1981—Subsec. (a)(10). Pub. L. 97–35, § 2353(r), as amended by Pub. L. 97–248, § 160(d), substituted provisions that in order for a State to be eligible for payments under this part a State plan must provide for establishment or designation of a State authority or authorities responsible for standards for foster family homes and child care institutions, such standards to be reasonably in accord with recommended standards of national organizations concerned with standards for such institutions or homes, including standards related to admission policies, safety, sanitation, and protection of civil rights, for provisions that such State plan provide for the application of standards referred to in section 1397b(d)(1) of this title.
Effective Date Of Amendment
Pub. L. 110–351, title I, § 101(c)(2)(B)(ii),
Pub. L. 110–351, title III, § 301(f),
Pub. L. 110–351, title VI, § 601,
Pub. L. 109–432, div. B, title IV, § 405(c)(1)(B)(iii),
Pub. L. 109–248, title I, § 152(c),
Amendment by Pub. L. 109–239 effective
Amendment by Pub. L. 109–171 effective as if enacted on
Pub. L. 106–169, title I, § 112(b),
Amendment by section 401(o) of Pub. L. 106–169 effective as if included in the enactment of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Pub. L. 104–193, see section 401(q) of Pub. L. 106–169, set out as a note under section 602 of this title.
Pub. L. 105–200, title III, § 301(d),
Amendment by Pub. L. 105–89 effective
Amendment by Pub. L. 105–33 effective as if included in the enactment of title V of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Pub. L. 104–193, see section 5593 of Pub. L. 105–33, set out as a note under section 622 of this title.
Amendment by section 108(d)(2) of Pub. L. 104–193 effective
Pub. L. 103–432, title II, § 203(c)(2),
Amendment by Pub. L. 103–66 effective with respect to calendar quarters beginning on or after
Pub. L. 101–508, title V, § 5054(c),
Pub. L. 100–485, title II, § 204,
Amendment by Pub. L. 99–514 applicable only with respect to expenditures made after
Amendment by Pub. L. 98–378 effective
Amendment by Pub. L. 97–248 effective
Amendment by Pub. L. 97–35 effective
Miscellaneous
Pub. L. 110–351, title III, § 301(e),
Pub. L. 100–485, title II, § 203(a),
Pub. L. 110–351, title III, § 301(d),
Pub. L. 110–351, title V, § 503,
Pub. L. 105–89, title IV, § 401,
Pub. L. 105–89, title IV, § 402,
Pub. L. 105–89, title IV, § 406,