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United States Code (Last Updated: May 24, 2014) |
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Title 42. THE PUBLIC HEALTH AND WELFARE |
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Chapter 7. SOCIAL SECURITY |
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SubChapter IV. GRANTS TO STATES FOR AID AND SERVICES TO NEEDY FAMILIES WITH CHILDREN AND FOR CHILD-WELFARE SERVICES |
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Part E. Federal Payments for Foster Care and Adoption Assistance |
§ 675. Definitions
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As used in this part or part B of this subchapter: (1) The term “case plan” means a written document which includes at least the following: (A) A description of the type of home or institution in which a child is to be placed, including a discussion of the safety and appropriateness of the placement and how the agency which is responsible for the child plans to carry out the voluntary placement agreement entered into or judicial determination made with respect to the child in accordance with section 672(a)(1) (D) a child’s health and education record (as described in paragraph (1)(A)) is reviewed and updated, and a copy of the record is supplied to the foster parent or foster care provider with whom the child is placed, at the time of each placement of the child in foster care, and is supplied to the child at no cost at the time the child leaves foster care if the child is leaving foster care by reason of having attained the age of majority under State law; 2 (E) in the case of a child who has been in foster care under the responsibility of the State for 15 of the most recent 22 months, or, if a court of competent jurisdiction has determined a child to be an abandoned infant (as defined under State law) or has made a determination that the parent has committed murder of another child of the parent, committed voluntary manslaughter of another child of the parent, aided or abetted, attempted, conspired, or solicited to commit such a murder or such a voluntary manslaughter, or committed a felony assault that has resulted in serious bodily injury to the child or to another child of the parent, the State shall file a petition to terminate the parental rights of the child’s parents (or, if such a petition has been filed by another party, seek to be joined as a party to the petition), and, concurrently, to identify, recruit, process, and approve a qualified family for an adoption, unless— (i) at the option of the State, the child is being cared for by a relative; (ii) a State agency has documented in the case plan (which shall be available for court review) a compelling reason for determining that filing such a petition would not be in the best interests of the child; or (iii) the State has not provided to the family of the child, consistent with the time period in the State case plan, such services as the State deems necessary for the safe return of the child to the child’s home, if reasonable efforts of the type described in section 671(a)(15)(B)(ii) of this title are required to be made with respect to the child; 2 (F) a child shall be considered to have entered foster care on the earlier of— (i) the date of the first judicial finding that the child has been subjected to child abuse or neglect; or (ii) the date that is 60 days after the date on which the child is removed from the home; 2 (G) the foster parents (if any) of a child and any preadoptive parent or relative providing care for the child are provided with notice of, and a right to be heard in, any proceeding to be held with respect to the child, except that this subparagraph shall not be construed to require that any foster parent, preadoptive parent, or relative providing care for the child be made a party to such a proceeding solely on the basis of such notice and right to be heard; 2 (H) during the 90-day period immediately prior to the date on which the child will attain 18 years of age, or such greater age as the State may elect under paragraph (8)(B)(iii), whether during that period foster care maintenance payments are being made on the child’s behalf or the child is receiving benefits or services under section 677 of this title, a caseworker on the staff of the State agency, and, as appropriate, other representatives of the child provide the child with assistance and support in developing a transition plan that is personalized at the direction of the child, includes specific options on housing, health insurance, education, local opportunities for mentors and continuing support services, and work force supports and employment services, includes information about the importance of designating another individual to make health care treatment decisions on behalf of the child if the child becomes unable to participate in such decisions and the child does not have, or does not want, a relative who would otherwise be authorized under State law to make such decisions, and provides the child with the option to execute a health care power of attorney, health care proxy, or other similar document recognized under State law, and is as detailed as the child may elect; 2 and (I) each child in foster care under the responsibility of the State who has attained 16 years of age receives without cost a copy of any consumer report (as defined in section 1681a(d) of title 15) pertaining to the child each year until the child is discharged from care, and receives assistance (including, when feasible, from any court-appointed advocate for the child) in interpreting and resolving any inaccuracies in the report. (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. (7) The term “legal guardianship” means a judicially created relationship between child and caretaker which is intended to be permanent and self-sustaining as evidenced by the transfer to the caretaker of the following parental rights with respect to the child: protection, education, care and control of the person, custody of the person, and decisionmaking. The term “legal guardian” means the caretaker in such a relationship. (8) (A) Subject to subparagraph (B), the term “child” means an individual who has not attained 18 years of age. (B) At the option of a State, the term shall include an individual— (i) (I) who is in foster care under the responsibility of the State; (II) with respect to whom an adoption assistance agreement is in effect under section 673 of this title if the child had attained 16 years of age before the agreement became effective; or (III) with respect to whom a kinship guardianship assistance agreement is in effect under section 673(d) of this title if the child had attained 16 years of age before the agreement became effective; (ii) who has attained 18 years of age; (iii) who has not attained 19, 20, or 21 years of age, as the State may elect; and (iv) who is— (I) completing secondary education or a program leading to an equivalent credential; (II) enrolled in an institution which provides post-secondary or vocational education; (III) participating in a program or activity designed to promote, or remove barriers to, employment; (IV) employed for at least 80 hours per month; or (V) incapable of doing any of the activities described in subclauses (I) through (IV) due to a medical condition, which incapability is supported by regularly updated information in the case plan of the child.
References In Text
Section 672(a) of this title, referred to in par. (1)(A), was amended generally by Pub. L. 109–171, title VII, § 7404(a),
Amendments
2011—Par. (1)(G)(i). Pub. L. 112–34, § 106(a)(1), substituted “each placement” for “the placement”.
Par. (1)(G)(ii)(I). Pub. L. 112–34, § 106(a)(2), inserted “each” before “placement”.
Par. (5)(I). Pub. L. 112–34, § 106(b), added subpar. (I).
2010—Par. (5)(H). Pub. L. 111–148 inserted “includes information about the importance of designating another individual to make health care treatment decisions on behalf of the child if the child becomes unable to participate in such decisions and the child does not have, or does not want, a relative who would otherwise be authorized under State law to make such decisions, and provides the child with the option to execute a health care power of attorney, health care proxy, or other similar document recognized under State law,” after “employment services,”.
2008—Par. (1)(C)(iv) to (viii). Pub. L. 110–351, § 204(a)(1)(A), redesignated cls. (v) to (viii) as (iv) to (vii), respectively, and struck out former cl. (iv) which read as follows: “assurances that the child’s placement in foster care takes into account proximity to the school in which the child is enrolled at the time of placement;”.
Par. (1)(F). Pub. L. 110–351, § 101(c)(4), added subpar. (F).
Par. (1)(G). Pub. L. 110–351, § 204(a)(1)(B), added subpar. (G).
Par. (4)(A). Pub. L. 110–351, § 204(a)(2), in first sentence, substituted “reasonable” for “and reasonable” and inserted “, and reasonable travel for the child to remain in the school in which the child is enrolled at the time of placement” before period at end.
Par. (5)(H). Pub. L. 110–351, § 202, added subpar. (H).
Par. (8). Pub. L. 110–351, § 201(a), added par. (8).
2006—Par. (1)(C). Pub. L. 109–239, § 7(1), in introductory provisions, substituted “The health” for “To the extent available and accessible, the health” and inserted “the most recent information available regarding” after “including”.
Par. (1)(E). Pub. L. 109–239, § 11, which directed amendment of subpar. (E) by inserting “to facilitate orderly and timely in-State and interstate placements” before the period, was executed by making the insertion before period at end of last sentence to reflect the probable intent of Congress.
Par. (5)(A)(ii). Pub. L. 109–239, § 6, substituted “6 months” for “12 months” and “of the State in which the child has been placed, or of a private agency under contract with either such State” for “or of the State in which the child has been placed”.
Par. (5)(C). Pub. L. 109–288 inserted “(i)” after “with respect to each such child,”, substituted “(ii) procedural safeguards shall” for “and procedural safeguards shall also”, and added cl. (iii) at end.
Pub. L. 109–239, § 12, inserted “, in the case of a child who will not be returned to the parent, the hearing shall consider in-State and out-of-State placement options,” after “living arrangement” and “the hearing shall determine” after “described in subparagraph (A)(ii),”.
Par. (5)(D). Pub. L. 109–239, § 7(2), inserted “a copy of the record is” before “supplied to the foster parent” and “, and is supplied to the child at no cost at the time the child leaves foster care if the child is leaving foster care by reason of having attained the age of majority under State law” before semicolon at end.
Par. (5)(G). Pub. L. 109–239, § 8(a), substituted “a right” for “an opportunity”, “proceeding” for “review or hearing” in two places, and “and right” for “and opportunity”.
1997—Par. (1). Pub. L. 105–89, § 107(1)(A), (B), struck out “the case plan must also include” before “a written description” in concluding provisions and redesignated those provisions as subpar. (D) of par. (1).
Par. (1)(A). Pub. L. 105–89, § 102(2)(A)(i), inserted “safety and” before “appropriateness of the placement”.
Par. (1)(B). Pub. L. 105–89, § 102(2)(A)(ii), inserted “safe and” after “child receives” and “safe” after “return of the child to his own”.
Par. (1)(D). Pub. L. 105–89, § 107(1)(B), redesignated concluding provisions of par. (1) as subpar. (D) of par. (1) and realigned margins.
Par. (1)(E). Pub. L. 105–89, § 107(2), added subpar. (E).
Par. (5)(A). Pub. L. 105–89, § 102(2)(B)(i), inserted “a safe setting that is” after “placement in” in introductory provisions.
Par. (5)(B). Pub. L. 105–89, § 102(2)(B)(ii), inserted “the safety of the child,” after “determine” and “and safely maintained in” before “the home or placed for adoption”.
Par. (5)(C). Pub. L. 105–89, § 302, substituted “permanency hearing” for “dispositional hearing” and “no later than 12 months after the date the child is considered to have entered foster care (as determined under subparagraph (F))” for “no later than eighteen months after the original placement”, and which directed the substitution of “permanency plan for the child that includes whether, and if applicable when, the child will be returned to the parent, placed for adoption and the State will file a petition for termination of parental rights, or referred for legal guardianship, or (in cases where the State agency has documented to the State court a compelling reason for determining that it would not be in the best interests of the child to return home, be referred for termination of parental rights, or be placed for adoption, with a fit and willing relative, or with a legal guardian) placed in another planned permanent living arrangement” for “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)”, was executed by making the substitution for text which contained the words “long-term” rather than “long term” to reflect the probable intent of Congress.
Par. (5)(E). Pub. L. 105–89, § 103(a), added subpar. (E).
Par. (5)(F). Pub. L. 105–89, § 103(b), added subpar. (F).
Par. (5)(G). Pub. L. 105–89, § 104, added subpar. (G).
Par. (7). Pub. L. 105–89, § 101(b), added par. (7).
1994—Par. (5)(A). Pub. L. 103–432, § 209(a), inserted “which—” after “needs of the child,” and added cls. (i) and (ii).
Pub. L. 103–432, § 206(a), inserted “and most appropriate” after “(most family like)”.
Par. (5)(C). Pub. L. 103–432, § 209(b), inserted “and, in the case of a child described in subparagraph (A)(ii), whether the out-of-State placement continues to be appropriate and in the best interests of the child,” after “permanent or long-term basis)”.
Pub. L. 103–432, § 206(b), substituted “(and not less frequently than every 12 months” for “(and periodically”.
Par. (5)(D). Pub. L. 103–432, § 265(c), realigned margins.
1989—Par. (1). Pub. L. 101–239, § 8007(a), inserted “(A)” before “A description”, substituted “section 672(a)(1) of this title. (B) A plan” for “section 672(a)(1) of this title; and a plan”, realigned margins of subpars. (A) and (B), added subpar. (C), and set the last sentence flush with the left margin of par. (1).
Par. (5)(D). Pub. L. 101–239, § 8007(b), added subpar. (D).
1988—Par. (5)(C). Pub. L. 100–647 inserted “and, in the case of a child who has attained age 16, the services needed to assist the child to make the transition from foster care to independent living” after “long-term basis)”.
1987—Par. (4). Pub. L. 100–203 designated existing provisions as subpar. (A) and added subpar. (B).
1986—Par. (1). Pub. L. 99–272, § 12307(b), inserted at end “Where appropriate, for a child age 16 or over, the case plan must also include a written description of the programs and services which will help such child prepare for the transition from foster care to independent living.”
Par. (3). Pub. L. 99–514 added cl. (A) and struck out former cl. (A) which read as follows: “specifies the amounts of any adoption assistance payments and any other services and assistance which are to be provided as part of such agreement, and”.
Pub. L. 99–272, § 12305(b)(2), substituted in cl. (A) “any adoption assistance payments and any other services and assistance” for “the adoption assistance payments and any additional services and assistance”.
1980—Par. (1). Pub. L. 96–272, § 102(a)(4), inserted reference to voluntary placement agreements.
Effective Date Of Amendment
Amendment by Pub. L. 112–34 effective
Amendment by Pub. L. 111–148 effective
Amendment by section 201(a) of Pub. L. 110–351 effective
Amendment by Pub. L. 110–351 effective
Amendment by Pub. L. 109–288 effective
Amendment by Pub. L. 109–239 effective
Amendment by Pub. L. 105–89 effective
Pub. L. 103–432, title II, § 206(c),
Pub. L. 103–432, title II, § 209(d),
Amendment by section 265(c) of Pub. L. 103–432 effective as if included in the provision of Pub. L. 101–239 to which the amendment relates, at the time the provision became law, see section 265(d) of Pub. L. 103–432, set out as a note under section 673 of this title.
Pub. L. 101–239, title VIII, § 8007(c),
Amendment by Pub. L. 100–647 effective
Amendment by Pub. L. 100–203 effective
Amendment by Pub. L. 99–514 applicable only with respect to expenditures made after
Amendment by section 12305(b)(2) of Pub. L. 99–272 applicable to medical assistance furnished in or after the first calendar quarter beginning more than 90 days after
Pub. L. 96–272, title I, § 101(a)(4)(A),
Amendment by section 102(a)(4) of Pub. L. 96–272 effective only with respect to expenditures made after
Miscellaneous
Pub. L. 105–89, title I, § 103(d),
Pub. L. 105–89, title I, § 103(c),