Taken Straight from A Georgia DFCS HandBook


[DOCID: f:publ89.105]

[[Page 111 STAT. 2115]]

Public Law 105-89
105th Congress

An Act

To promote the adoption of children in foster care. <>

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <>

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) <> Short Title.–This Act may be cited
as the “Adoption and Safe Families Act of 1997”.

(b) Table of Contents.–The table of contents of this Act is as
follows:

Sec. 1. Short title; table of contents.

TITLE I–REASONABLE EFFORTS AND SAFETY REQUIREMENTS FOR FOSTER CARE AND
ADOPTION PLACEMENTS

Sec. 101. Clarification of the reasonable efforts requirement.
Sec. 102. Including safety in case plan and case review system
requirements.
Sec. 103. States required to initiate or join proceedings to terminate
parental rights for certain children in foster care.
Sec. 104. Notice of reviews and hearings; opportunity to be heard.
Sec. 105. Use of the Federal Parent Locator Service for child welfare
services.
Sec. 106. Criminal records checks for prospective foster and adoptive
parents.
Sec. 107. Documentation of efforts for adoption or location of a
permanent home.

TITLE II–INCENTIVES FOR PROVIDING PERMANENT FAMILIES FOR CHILDREN

Sec. 201. Adoption incentive payments.
Sec. 202. Adoptions across State and county jurisdictions.
Sec. 203. Performance of States in protecting children.

TITLE III–ADDITIONAL IMPROVEMENTS AND REFORMS

Sec. 301. Authority to approve more child protection demonstration
projects.
Sec. 302. Permanency hearings.
Sec. 303. Kinship care.
Sec. 304. Clarification of eligible population for independent living
services.
Sec. 305. Reauthorization and expansion of family preservation and
support
services.
Sec. 306. Health insurance coverage for children with special needs.
Sec. 307. Continuation of eligibility for adoption assistance payments
on behalf of children with special needs whose initial
adoption has been dissolved.
Sec. 308. State standards to ensure quality services for children in
foster care.

TITLE IV–MISCELLANEOUS

Sec. 401. Preservation of reasonable parenting.
Sec. 402. Reporting requirements.
Sec. 403. Sense of Congress regarding standby guardianship.
Sec. 404. Temporary adjustment of Contingency Fund for State Welfare
Programs.
Sec. 405. Coordination of substance abuse and child protection services.
Sec. 406. Purchase of American-made equipment and products.

TITLE V–EFFECTIVE DATE

Sec. 501. Effective date.

[[Page 111 STAT. 2116]]

TITLE I–REASONABLE EFFORTS AND SAFETY REQUIREMENTS FOR FOSTER CARE AND
ADOPTION PLACEMENTS

SEC. 101. CLARIFICATION OF THE REASONABLE EFFORTS REQUIREMENT.

(a) In General.–Section 471(a)(15) of the Social Security Act (42
U.S.C. 671(a)(15)) is amended to read as follows:
“(15) provides that–
“(A) in determining reasonable efforts to be made
with respect to a child, as described in this paragraph,
and in making such reasonable efforts, the child’s
health and safety shall be the paramount concern;
“(B) except as provided in subparagraph (D),
reasonable efforts shall be made to preserve and reunify

families–
“(i) prior to the placement of a child in
foster care, to prevent or eliminate the need for
removing the child from the child’s home; and
“(ii) to make it possible for a child to
safely return to the child’s home;
“(C) if continuation of reasonable efforts of the
type described in subparagraph (B) is determined to be
inconsistent with the permanency plan for the child,
reasonable efforts shall be made to place the child in a
timely manner in accordance with the permanency plan,
and to complete whatever steps are necessary to finalize
the permanent placement of the child;
“(D) reasonable efforts of the type described in
subparagraph (B) shall not be required to be made with
respect to a parent of a child if a court of competent
jurisdiction has determined that–
“(i) the parent has subjected the child to
aggravated circumstances (as defined in State law,
which definition may include but need not be
limited to abandonment, torture, chronic abuse,
and sexual abuse);
“(ii) the parent has–
“(I) committed murder (which would
have been an offense under section
1111(a) of title 18, United States Code,
if the offense had occurred in the
special maritime or territorial
jurisdiction of the United States) of
another child of the parent;
“(II) committed voluntary
manslaughter (which would have been an
offense under section 1112(a) of title
18, United States Code, if the offense
had occurred in the special maritime or
territorial jurisdiction of the United
States) of another child of the parent;
“(III) aided or abetted, attempted,
conspired, or solicited to commit such a
murder or such a voluntary manslaughter;
or
“(IV) committed a felony assault
that results in serious bodily injury to
the child or another child of the
parent; or

[[Page 111 STAT. 2117]]

“(iii) the parental rights of the parent to a
sibling have been terminated involuntarily;
“(E) if reasonable efforts of the type described in
subparagraph (B) are not made with respect to a child as
a result of a determination made by a court of competent
jurisdiction in accordance with subparagraph (D)–
“(i) a permanency hearing (as described in
section 475(5)(C)) shall be held for the child
within 30 days after the determination; and
“(ii) reasonable efforts shall be made to
place the child in a timely manner in accordance
with the permanency plan, and to complete whatever
steps are necessary to finalize the permanent
placement of the child; and
“(F) reasonable efforts to place a child for
adoption or with a legal guardian may be made
concurrently with reasonable efforts of the type
described in subparagraph (B);”.

(b) Definition of Legal Guardianship.–Section 475 of such Act (42
U.S.C. 675) is amended by adding at the end the following:
“(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.”.

(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”.
(d) Rule of Construction.–Part E of title IV of such Act (42 U.S.C.
670-679) is amended by inserting after section 477 the following:

“SEC. 478. <> RULE OF CONSTRUCTION.

“Nothing in this part shall be construed as precluding State courts
from exercising their discretion to protect the health and safety of
children in individual cases, including cases other than those described
in section 471(a)(15)(D).”.

SEC. 102. INCLUDING SAFETY IN CASE PLAN AND CASE REVIEW
SYSTEM REQUIREMENTS.

Title IV of the Social Security Act (42 U.S.C. 601 et seq.) is
amended–
(1) in section 422(b)(10)(B) <> —
(A) in clause (iii)(I), by inserting “safe and”
after “where”; and
(B) in clause (iv), by inserting “safely” after
“remain”; and
(2) in section 475 <> —
(A) in paragraph (1)–
(i) in subparagraph (A), by inserting “safety
and” after “discussion of the”; and
(ii) in subparagraph (B)–
(I) by inserting “safe and” after
“child receives”; and
(II) by inserting “safe” after
“return of the child to his own”; and

[[Page 111 STAT. 2118]]

(B) in paragraph (5)–
(i) in subparagraph (A), in the matter
preceding clause (i), by inserting “a safe
setting that is” after “placement in”; and
(ii) in subparagraph (B)–
(I) by inserting “the safety of the
child,” after “determine”; and
(II) by inserting “and safely
maintained in” after “returned to”.

SEC. 103. STATES REQUIRED TO INITIATE OR JOIN PROCEEDINGS TO TERMINATE
PARENTAL RIGHTS FOR CERTAIN CHILDREN IN FOSTER CARE.

(a) Requirement for Proceedings.–Section 475(5) of the Social
Security Act (42 U.S.C. 675(5)) is amended–
(1) by striking “and” at the end of subparagraph (C);
(2) by striking the period at the end of subparagraph (D)
and inserting “; and”; and
(3) by adding at the end the following:
“(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
471(a)(15)(B)(ii) are required to be made with
respect to the child.”.

(b) Determination of Beginning of Foster Care.–Section 475(5) of
the Social Security Act (42 U.S.C. 675(5)), as amended by subsection
(a), is amended–
(1) by striking “and” at the end of subparagraph (D);
(2) by striking the period at the end of subparagraph (E)
and inserting “; and”; and
(3) by adding at the end the following:

[[Page 111 STAT. 2119]]

“(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.”.

(c) <> Transition Rules.–
(1) New foster children.–In the case of a child who enters
foster care (within the meaning of section 475(5)(F) of the
Social Security Act) under the responsibility of a State after
the date of the enactment of this Act–
(A) if the State comes into compliance with the
amendments made by subsection (a) of this section before
the child has been in such foster care for 15 of the
most recent 22 months, the State shall comply with
section 475(5)(E) of the Social Security Act with
respect to the child when the child has been in such
foster care for 15 of the most recent 22 months; and
(B) if the State comes into such compliance after
the child has been in such foster care for 15 of the
most recent 22 months, the State shall comply with such
section 475(5)(E) with respect to the child not later
than 3 months after the end of the first regular session
of the State legislature that begins after such date of
enactment.
(2) Current foster children.–In the case of children in
foster care under the responsibility of the State on the date of
the enactment of this Act, the State shall–
(A) not later than 6 months after the end of the
first regular session of the State legislature that
begins after such date of enactment, comply with section
475(5)(E) of the Social Security Act with respect to not
less than \1/3\ of such children as the State shall
select, giving priority to children for whom the
permanency plan (within the meaning of part E of title
IV of the Social Security Act) is adoption and children
who have been in foster care for the greatest length of
time;
(B) not later than 12 months after the end of such
first regular session, comply with such section
475(5)(E) with respect to not less than \2/3\ of such
children as the State shall select; and
(C) not later than 18 months after the end of such
first regular session, comply with such section
475(5)(E) with respect to all of such children.
(3) Treatment of 2-year legislative sessions.–For purposes
of this subsection, in the case of a State that has a 2-year
legislative session, each year of the session is deemed to be a
separate regular session of the State legislature.
(4) Requirements treated as state plan requirements.–For
purposes of part E of title IV of the Social Security Act, the
requirements of this subsection shall be treated as State plan
requirements imposed by section 471(a) of such Act.

(d) <> Rule of Construction.–Nothing in
this section or in part E of title IV of the Social Security Act (42
U.S.C. 670 et seq.), as amended by this Act, shall be construed as
precluding State courts or State agencies from initiating the
termination of

[[Page 111 STAT. 2120]]

parental rights for reasons other than, or for timelines earlier than,
those specified in part E of title IV of such Act, when such actions are
determined to be in the best interests of the child, including cases
where the child has experienced multiple foster care placements of
varying durations.

SEC. 104. NOTICE OF REVIEWS AND HEARINGS; OPPORTUNITY TO BE HEARD.

Section 475(5) of the Social Security Act (42 U.S.C. 675(5)), as
amended by section 103, is amended–
(1) by striking “and” at the end of subparagraph (E);
(2) by striking the period at the end of subparagraph (F)
and inserting “; and”; and
(3) by adding at the end the following:
“(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 an opportunity to
be heard in, any review or hearing 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 review or
hearing solely on the basis of such notice and
opportunity to be heard.”.

SEC. 105. USE OF THE FEDERAL PARENT LOCATOR SERVICE FOR CHILD WELFARE
SERVICES.

Section 453 of the Social Security Act (42 U.S.C. 653) is
amended–
(1) in subsection (a)(2)–
(A) in the matter preceding subparagraph (A), by
inserting “or making or enforcing child custody or
visitation orders,” after “obligations,”; and
(B) in subparagraph (A)–
(i) by striking “or” at the end of clause
(ii);
(ii) by striking the comma at the end of
clause (iii) and inserting “; or”; and
(iii) by inserting after clause (iii) the
following:
“(iv) who has or may have parental rights
with respect to a child,”; and
(2) in subsection (c)–
(A) by striking the period at the end of paragraph
(3) and inserting “; and”; and
(B) by adding at the end the following:
“(4) a State agency that is administering a program
operated under a State plan under subpart 1 of part B, or a
State plan approved under subpart 2 of part B or under part
E.”.

SEC. 106. CRIMINAL RECORDS CHECKS FOR PROSPECTIVE FOSTER AND ADOPTIVE
PARENTS.

Section 471(a) of the Social Security Act (42 U.S.C. 671(a)) is
amended–
(1) by striking “and” at the end of paragraph (18);
(2) by striking the period at the end of paragraph (19) and
inserting “; and”; and
(3) by adding at the end the following:
“(20)(A) unless an election provided for in subparagraph
(B) is made with respect to the State, provides procedures

[[Page 111 STAT. 2121]]

for criminal records checks for any prospective foster or
adoptive parent before the foster or adoptive parent may be
finally approved for placement of a child on whose behalf foster
care maintenance payments or adoption assistance payments are to
be made under the State plan under this part, including
procedures requiring that–
“(i) in any case in which a record check reveals a
felony conviction for child abuse or neglect, for
spousal abuse, for a crime against children (including
child pornography), or for a crime involving violence,
including rape, sexual assault, or homicide, but not
including other physical assault or battery, if a State
finds that a court of competent jurisdiction has
determined that the felony was committed at any time,
such final approval shall not be granted; and
“(ii) in any case in which a record check reveals a
felony conviction for physical assault, battery, or a
drug-related offense, if a State finds that a court of
competent jurisdiction has determined that the felony
was committed within the past 5 years, such final
approval shall not be granted; and
“(B) subparagraph (A) shall not apply to a State plan if
the Governor of the State has notified the Secretary in writing
that the State has elected to make subparagraph (A) inapplicable
to the State, or if the State legislature, by law, has elected
to make subparagraph (A) inapplicable to the State.”.

SEC. 107. DOCUMENTATION OF EFFORTS FOR ADOPTION OR LOCATION OF A
PERMANENT HOME.

Section 475(1) of the Social Security Act (42 U.S.C. 675(1)) is
amended–
(1) in the last sentence–
(A) by striking “the case plan must also include”;
and
(B) by redesignating such sentence as subparagraph
(D) and indenting appropriately; and
(2) by adding at the end the following:
“(E) In the case of a child with respect to whom
the permanency plan is adoption or placement in another
permanent home, documentation of the steps the agency is
taking to find an adoptive family or other permanent
living arrangement for the child, to place the child
with an adoptive family, a fit and willing relative, a
legal guardian, or in another planned permanent living
arrangement, and to finalize the adoption or legal
guardianship. At a minimum, such documentation shall
include child specific recruitment efforts such as the
use of State, regional, and national adoption exchanges
including electronic exchange systems.”.

[[Page 111 STAT. 2122]]

TITLE II–INCENTIVES FOR PROVIDING PERMANENT FAMILIES FOR CHILDREN

SEC. 201. ADOPTION INCENTIVE PAYMENTS.

(a) In General.–Part E of title IV of the Social Security Act (42
U.S.C. 670-679) is amended by inserting after section 473 the following:

“SEC. 473A. <> ADOPTION INCENTIVE PAYMENTS.

“(a) Grant Authority.–Subject to the availability of such amounts
as may be provided in advance in appropriations Acts for this purpose,
the Secretary shall make a grant to each State that is an incentive-
eligible State for a fiscal year in an amount equal to the adoption
incentive payment payable to the State under this section for the fiscal
year, which shall be payable in the immediately succeeding fiscal year.
“(b) Incentive-Eligible State.–A State is an incentive-eligible
State for a fiscal year if–
“(1) the State has a plan approved under this part for the
fiscal year;
“(2) the number of foster child adoptions in the State
during the fiscal year exceeds the base number of foster child
adoptions for the State for the fiscal year;
“(3) the State is in compliance with subsection (c) for the
fiscal year;
“(4) in the case of fiscal years 2001 and 2002, the State
provides health insurance coverage to any child with special
needs (as determined under section 473(c)) for whom there is in
effect an adoption assistance agreement between a State and an
adoptive parent or parents; and
“(5) the fiscal year is any of fiscal years 1998 through
2002.

“(c) Data Requirements.–
“(1) In general.–A State is in compliance with this
subsection for a fiscal year if the State has provided to the
Secretary the data described in paragraph (2)–
“(A) for fiscal years 1995 through 1997 (or, if the
first fiscal year for which the State seeks a grant
under this section is after fiscal year 1998, the fiscal
year that
precedes such first fiscal year); and
“(B) for each succeeding fiscal year that precedes
the fiscal year.
“(2) Determination of numbers of adoptions.–
“(A) Determinations based on afcars data.–Except
as provided in subparagraph (B), the Secretary shall
determine the numbers of foster child adoptions and of
special needs adoptions in a State during each of fiscal
years 1995 through 2002, for purposes of this section,
on the basis of data meeting the requirements of the
system established pursuant to section 479, as reported
by the State and approved by the Secretary by August 1
of the succeeding fiscal year.
“(B) Alternative data sources permitted for fiscal
years 1995 through 1997.–For purposes of the
determination described in subparagraph (A) for fiscal
years 1995 through 1997, the Secretary may use data from
a source

[[Page 111 STAT. 2123]]

or sources other than that specified in subparagraph (A)
that the Secretary finds to be of equivalent
completeness and reliability, as reported by a State by
November 30, 1997, and approved by the Secretary by
March 1, 1998.
“(3) No waiver of afcars requirements.–This section shall
not be construed to alter or affect any requirement of section
479 or of any regulation prescribed under such section with
respect to reporting of data by States, or to waive any penalty
for failure to comply with such a requirement.

“(d) Adoption Incentive Payment.–
“(1) In general.–Except as provided in paragraph (2), the
adoption incentive payment payable to a State for a fiscal year
under this section shall be equal to the sum of–
“(A) $4,000, multiplied by the amount (if any) by
which the number of foster child adoptions in the State
during the fiscal year exceeds the base number of foster
child adoptions for the State for the fiscal year; and
“(B) $2,000, multiplied by the amount (if any) by
which the number of special needs adoptions in the State
during the fiscal year exceeds the base number of
special needs adoptions for the State for the fiscal
year.
“(2) Pro rata adjustment if insufficient funds available.–
For any fiscal year, if the total amount of adoption incentive
payments otherwise payable under this section for a fiscal year
exceeds the amount appropriated pursuant to subsection (h) for
the fiscal year, the amount of the adoption incentive payment
payable to each State under this section for the fiscal year
shall be–
“(A) the amount of the adoption incentive payment
that would otherwise be payable to the State under this
section for the fiscal year; multiplied by
“(B) the percentage represented by the amount so
appropriated for the fiscal year, divided by the total
amount of adoption incentive payments otherwise payable
under this section for the fiscal year.

“(e) 2-Year Availability of Incentive Payments.–Payments to a
State under this section in a fiscal year shall remain available for use
by the State through the end of the succeeding fiscal year.
“(f ) Limitations on Use of Incentive Payments.–A State shall not
expend an amount paid to the State under this section except to provide
to children or families any service (including post-adoption services)
that may be provided under part B or E. Amounts expended by a State in
accordance with the preceding sentence shall be disregarded in
determining State expenditures for purposes of Federal matching payments
under sections 423, 434, and 474.
“(g) Definitions.–As used in this section:
“(1) Foster child adoption.–The term `foster child
adoption’ means the final adoption of a child who, at the time
of adoptive placement, was in foster care under the supervision
of the State.
“(2) Special needs adoption.–The term `special needs
adoption’ means the final adoption of a child for whom an
adoption assistance agreement is in effect under section 473.
“(3) Base number of foster child adoptions.–The term `
base number of foster child adoptions for a State’ means–

[[Page 111 STAT. 2124]]

“(A) with respect to fiscal year 1998, the average
number of foster child adoptions in the State in fiscal
years 1995, 1996, and 1997; and
“(B) with respect to any subsequent fiscal year,
the number of foster child adoptions in the State in the
fiscal year for which the number is the greatest in the
period that begins with fiscal year 1997 and ends with
the fiscal year preceding such subsequent fiscal year.
“(4) Base number of special needs adoptions.–The term `
base number of special needs adoptions for a State’ means–
“(A) with respect to fiscal year 1998, the average
number of special needs adoptions in the State in fiscal
years 1995, 1996, and 1997; and
“(B) with respect to any subsequent fiscal year,
the number of special needs adoptions in the State in
the fiscal year for which the number is the greatest in
the period that begins with fiscal year 1997 and ends
with the fiscal year preceding such subsequent fiscal
year.

“(h) Limitations on Authorization of Appropriations.–
“(1) In general.–For grants under subsection (a), there
are authorized to be appropriated to the Secretary $20,000,000
for each of fiscal years 1999 through 2003.
“(2) Availability.–Amounts appropriated under paragraph
(1) are authorized to remain available until expended, but not
after fiscal year 2003.

“(i) Technical Assistance.–
“(1) In general.–The Secretary may, directly or through
grants or contracts, provide technical assistance to assist
States and local communities to reach their targets for
increased numbers of adoptions and, to the extent that adoption
is not possible, alternative permanent placements, for children
in foster care.
“(2) Description of the character of the technical
assistance.–The technical assistance provided under paragraph
(1) may support the goal of encouraging more adoptions out of
the foster care system, when adoptions promote the best
interests of children, and may include the following:
“(A) The development of best practice guidelines
for expediting termination of parental rights.
“(B) Models to encourage the use of concurrent
planning.
“(C) The development of specialized units and
expertise in moving children toward adoption as a
permanency goal.
“(D) The development of risk assessment tools to
facilitate early identification of the children who will
be at risk of harm if returned home.
“(E) Models to encourage the fast tracking of
children who have not attained 1 year of age into pre-
adoptive placements.
“(F) Development of programs that place children
into pre-adoptive families without waiting for
termination of parental rights.
“(3) Targeting of technical assistance to the courts.–Not
less than 50 percent of any amount appropriated pursuant to
paragraph (4) shall be used to provide technical assistance to
the courts.

[[Page 111 STAT. 2125]]

“(4) Limitations on authorization of appropriations.–To
carry out this subsection, there are authorized to be
appropriated to the Secretary of Health and Human Services not
to exceed $10,000,000 for each of fiscal years 1998 through
2000.”.

(b) Discretionary Cap Adjustment for Adoption Incentive Payments.–
(1) Section 251 amendment.–Section 251(b)(2) of the
Balanced Budget and Emergency Deficit Control Act of 1985 (2
U.S.C. 901(b)(2)), as amended by section 10203(a)(4) of the
Balanced Budget Act of 1997, <> is amended
by adding at the end the following new subparagraph:
“(G) Adoption incentive payments.–Whenever a bill
or joint resolution making appropriations for fiscal
year 1999, 2000, 2001, 2002, or 2003 is enacted that
specifies an amount for adoption incentive payments
pursuant to this part for the Department of Health and
Human
Services–
“(i) the adjustments for new budget authority
shall be the amounts of new budget authority
provided in that measure for adoption incentive
payments, but not to exceed $20,000,000; and
“(ii) the adjustment for outlays shall be the

additional outlays flowing from such amount.”.
(2) Section 314 amendment.–Section 314(b) of the
Congressional Budget Act of 1974, as amended by section
10114(a) <> of the Balanced Budget Act of
1997, is amended–
(A) by striking “or” at the end of paragraph (4);
(B) by striking the period at the end of paragraph
(5) and inserting “; or”; and
(C) by adding at the end the following:
“(6) in the case of an amount for adoption incentive
payments (as defined in section 251(b)(2)(G) of the Balanced
Budget and Emergency Deficit Control Act of 1985) for fiscal
year 1999, 2000, 2001, 2002, or 2003 for the Department of
Health and Human Services, an amount not to exceed
$20,000,000.”.

SEC. 202. ADOPTIONS ACROSS STATE AND COUNTY JURISDICTIONS.

(a) State Plan for Child Welfare Services Requirement.–Section
422(b) of the Social Security Act (42 U.S.C. 622(b)) is amended–
(1) in paragraph (10), by striking “and” at the end;
(2) in paragraph (11), by striking the period and inserting
“; and”; and
(3) by adding at the end the following:
“(12) contain assurances that the State shall develop plans
for the effective use of cross-jurisdictional resources to
facilitate timely adoptive or permanent placements for waiting
children.”.

(b) Condition of Assistance.–Section 474 of such Act (42 U.S.C.
674) is amended by adding at the end the following:
“(e) Notwithstanding subsection (a), a State shall not be eligible
for any payment under this section if the Secretary finds that, after
the date of the enactment of this subsection, the State has–
“(1) denied or delayed the placement of a child for
adoption when an approved family is available outside of the
jurisdiction with responsibility for handling the case of the
child; or

[[Page 111 STAT. 2126]]

“(2) failed to grant an opportunity for a fair hearing, as
described in section 471(a)(12), to an individual whose
allegation of a violation of paragraph (1) of this subsection is
denied by the State or not acted upon by the State with
reasonable promptness.”.

(c) <> Study of Interjurisdictional
Adoption Issues.–
(1) In general.–The Comptroller General of the United
States shall–
(A) study and consider how to improve procedures and
policies to facilitate the timely and permanent
adoptions of children across State and county
jurisdictions; and
(B) examine, at a minimum, interjurisdictional
adoption issues–
(i) concerning the recruitment of prospective
adoptive families from other States and counties;
(ii) concerning the procedures to grant
reciprocity to prospective adoptive family home
studies from other States and counties;
(iii) arising from a review of the comity and
full faith and credit provided to adoption decrees
and
termination of parental rights orders from other
States; and
(iv) concerning the procedures related to the
administration and implementation of the
Interstate Compact on the Placement of Children.
(2) Report to the congress.–Not later than 1 year after the
date of the enactment of this Act, the Comptroller General shall
submit to the appropriate committees of the Congress a report
that includes–
(A) the results of the study conducted under
paragraph (1); and
(B) recommendations on how to improve procedures to
facilitate the interjurisdictional adoption of children,
including interstate and intercounty adoptions, so that
children will be assured timely and permanent
placements.

SEC. 203. PERFORMANCE OF STATES IN PROTECTING CHILDREN.

(a) Annual Report on State Performance.–Part E of title IV of the
Social Security Act (42 U.S.C. 670 et seq.) is amended by adding at the
end the following:

“SEC. 479A. <> ANNUAL REPORT.

“The Secretary, in consultation with Governors, State legislatures,
State and local public officials responsible for administering child
welfare programs, and child welfare advocates, shall–
“(1) develop a set of outcome measures (including length of
stay in foster care, number of foster care placements, and
number of adoptions) that can be used to assess the performance
of States in operating child protection and child welfare
programs pursuant to parts B and E to ensure the safety of
children;
“(2) to the maximum extent possible, the outcome measures
should be developed from data available from the Adoption and
Foster Care Analysis and Reporting System;
“(3) develop a system for rating the performance of States
with respect to the outcome measures, and provide to the States
an explanation of the rating system and how scores are
determined under the rating system;

[[Page 111 STAT. 2127]]

“(4) prescribe such regulations as may be necessary to
ensure that States provide to the Secretary the data necessary
to determine State performance with respect to each outcome
measure, as a condition of the State receiving funds under this
part; and
“(5) on May 1, 1999, and annually thereafter, prepare and
submit to the Congress a report on the performance of each State
on each outcome measure, which shall examine the reasons for
high performance and low performance and, where possible, make
recommendations as to how State performance could be
improved.”.

(b) <> Development of Performance-Based
Incentive System.–The Secretary of Health and Human Services, in
consultation with State and local public officials responsible for
administering child welfare programs and child welfare advocates, shall
study, develop, and recommend to Congress an incentive system to provide
payments under parts B and E of title IV of the Social Security Act (42
U.S.C. 620 et seq., 670 et seq.) to any State based on the State’s
performance under such a system. Such a system shall, to the extent the
Secretary determines feasible and appropriate, be based on the annual
report required by section 479A of the Social Security Act (as added by
subsection (a) of this section) or on any proposed modifications of the
annual report. Not later than 6 months after the date of the enactment
of this Act, the Secretary shall submit to the Committee on Ways and
Means of the House of Representatives and the Committee on Finance of
the Senate a progress report on the feasibility, timetable, and
consultation process for conducting such a study. Not later than 15
months after such date of enactment, the Secretary shall submit to the
Committee on Ways and Means of the House of Representatives and the
Committee on Finance of the Senate the final report on a performance-
based incentive system. The report may include other recommendations for
restructuring the program and payments under parts B and E of title IV
of the Social Security Act.

TITLE III–ADDITIONAL IMPROVEMENTS AND REFORMS

SEC. 301. EXPANSION OF CHILD WELFARE DEMONSTRATION PROJECTS.

(a) In General.–Section 1130(a) of the Social Security Act (42
U.S.C. 1320a-9) is amended to read as follows:
“(a) Authority To Approve Demonstration Projects.–
“(1) In general.–The Secretary may authorize States to
conduct demonstration projects pursuant to this section which
the Secretary finds are likely to promote the objectives of part
B or E of title IV.
“(2) Limitation.–The Secretary may authorize not more than
10 demonstration projects under paragraph (1) in each of fiscal
years 1998 through 2002.
“(3) Certain types of proposals required to be
considered.–
“(A) If an appropriate application therefor is
submitted, the Secretary shall consider authorizing a
demonstration project which is designed to identify and
address barriers

[[Page 111 STAT. 2128]]

that result in delays to adoptive placements for
children in foster care.
“(B) If an appropriate application therefor is
submitted, the Secretary shall consider authorizing a
demonstration project which is designed to identify and
address parental substance abuse problems that endanger
children and result in the placement of children in
foster care, including through the placement of children
with their parents in residential treatment facilities
(including residential treatment facilities for post-
partum depression) that are specifically designed to
serve parents and children together in order to promote
family reunification and that can ensure the health and
safety of the children in such placements.
“(C) If an appropriate application therefor is
submitted, the Secretary shall consider authorizing a
demonstration project which is designed to address
kinship care.
“(4) Limitation on eligibility.–The Secretary may not
authorize a State to conduct a demonstration project under this
section if the State fails to provide health insurance coverage
to any child with special needs (as determined under section
473(c)) for whom there is in effect an adoption assistance
agreement between a State and an adoptive parent or parents.
“(5) Requirement to consider effect of project on terms and
conditions of certain court orders.–In considering an
application to conduct a demonstration project under this
section that has been submitted by a State in which there is in
effect a court order determining that the State’s child welfare
program has failed to comply with the provisions of part B or E
of title IV, or with the Constitution of the United States, the
Secretary shall take into consideration the effect of approving
the proposed project on the terms and conditions of the court
order related to the failure to comply.”.

(b) <> Rule of Construction.–Nothing
in the amendment made by subsection (a) shall be construed as affecting
the terms and conditions of any demonstration project approved under
section 1130 of the Social Security Act (42 U.S.C. 1320a-9) before the
date of the enactment of this Act.

(c) Authority To Extend Duration of Demonstrations.–Section 1130(d)
of such Act (42 U.S.C. 1320a-9(d)) is amended by inserting “, unless in
the judgment of the Secretary, the demonstration project should be
allowed to continue” before the period.

SEC. 302. PERMANENCY HEARINGS.

Section 475(5)(C) of the Social Security Act (42 U.S.C. 675(5)(C))
is amended–
(1) by striking “dispositional” and inserting
“permanency”;
(2) by striking “eighteen” and inserting “12”;
(3) by striking “original placement” and inserting “date
the child is considered to have entered foster care (as
determined under subparagraph (F))”; and
(4) by striking “future status of ” and all that follows
through “long term basis)” and inserting “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

[[Page 111 STAT. 2129]]

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”.

SEC. 303. <> KINSHIP CARE.

(a) Report.–
(1) In general.–The Secretary of Health and Human Services
shall–
(A) not later than June 1, 1998, convene the
advisory panel provided for in subsection (b)(1) and
prepare and submit to the advisory panel an initial
report on the extent to which children in foster care
are placed in the care of a relative (in this section
referred to as “kinship care”); and
(B) not later than June 1, 1999, submit to the
Committee on Ways and Means of the House of
Representatives and the Committee on Finance of the
Senate a final report on the matter described in
subparagraph (A), which shall–
(i) be based on the comments submitted by the
advisory panel pursuant to subsection (b)(2) and
other information and considerations; and
(ii) include the policy recommendations of the

Secretary with respect to the matter.
(2) Required contents.–Each report required by
paragraph (1) shall–
(A) include, to the extent available for each State,
information on–
(i) the policy of the State regarding kinship
care;
(ii) the characteristics of the kinship care
providers (including age, income, ethnicity, and
race, and the relationship of the kinship care
providers to the children);
(iii) the characteristics of the household of
such providers (such as number of other persons in
the household and family composition);
(iv) how much access to the child is afforded
to the parent from whom the child has been
removed;
(v) the cost of, and source of funds for,
kinship care (including any subsidies such as
medicaid and cash assistance);
(vi) the permanency plan for the child and the
actions being taken by the State to achieve the
plan;
(vii) the services being provided to the
parent from whom the child has been removed; and
(viii) the services being provided to the
kinship care provider; and
(B) specifically note the circumstances or
conditions under which children enter kinship care.

(b) Advisory Panel.–
(1) Establishment.–The Secretary of Health and Human
Services, in consultation with the Chairman of the Committee on
Ways and Means of the House of Representatives and the Chairman
of the Committee on Finance of the Senate, shall convene an
advisory panel which shall include parents, foster

[[Page 111 STAT. 2130]]

parents, relative caregivers, former foster children, State and
local public officials responsible for administering child
welfare programs, private persons involved in the delivery of
child welfare services, representatives of tribal governments
and tribal courts, judges, and academic experts.
(2) Duties.–The advisory panel convened pursuant to
paragraph (1) shall review the report prepared pursuant to
subsection (a), and, not later than October 1, 1998, submit to
the Secretary comments on the report.

SEC. 304. CLARIFICATION OF ELIGIBLE POPULATION FOR INDEPENDENT LIVING
SERVICES.

Section 477(a)(2)(A) of the Social Security Act (42 U.S.C.
677(a)(2)(A)) is amended by inserting “(including children with respect
to whom such payments are no longer being made because the child has
accumulated assets, not to exceed $5,000, which are otherwise regarded
as resources for purposes of determining eligibility for benefits under
this part)” before the comma.

SEC. 305. REAUTHORIZATION AND EXPANSION OF FAMILY PRESERVATION AND
SUPPORT SERVICES.

(a) Reauthorization of Family Preservation and Support Services.–
(1) In general.–Section 430(b) of the Social Security Act
(42 U.S.C. 629(b)) is amended–
(A) in paragraph (4), by striking “or” at the end;
(B) in paragraph (5), by striking the period and
inserting a semicolon; and
(C) by adding at the end the following:
“(6) for fiscal year 1999, $275,000,000;
“(7) for fiscal year 2000, $295,000,000; and
“(8) for fiscal year 2001, $305,000,000.”.
(2) Continuation of reservation of certain amounts.–
Paragraphs (1) and (2) of section 430(d) of the Social Security
Act (42 U.S.C. 629(d)(1) and (2)) are each amended by striking
“and 1998” and inserting “1998, 1999, 2000, and 2001”.
(3) Conforming amendments.–Section 13712 of the Omnibus
Budget Reconciliation Act of 1993 (42 U.S.C. 670 note) is
amended–
(A) in subsection (c), by striking “1998” each
place it appears and inserting “2001”; and
(B) in subsection (d)(2), by striking “and 1998”
and inserting “1998, 1999, 2000, and 2001”.

(b) Expansion for Time-Limited Family Reunification
Services and Adoption Promotion and Support Services.–
(1) Additions to state plan.–Section 432 of the Social
Security Act (42 U.S.C. 629b) is amended–
(A) in subsection (a)–
(i) in paragraph (4), by striking “and
community-based family support services” and
inserting “, community-based family support
services, time-limited family reunification
services, and adoption promotion and support
services,”; and
(ii) in paragraph (5)(A), by striking “and
community-based family support services” and
inserting “, community-based family support
services, time-limited family reunification
services, and adoption promotion and support
services”; and

[[Page 111 STAT. 2131]]

(B) in subsection (b)(1), by striking “and family
support” and inserting “, family support, time-limited
family reunification, and adoption promotion and
support”.
(2) Definitions of time-limited family reunification
services and adoption promotion and support services.–Section
431(a) of the Social Security Act (42 U.S.C. 629a(a)) is amended
by adding at the end the following:
“(7) Time-limited family reunification services.–
“(A) In general.–The term `time-limited family
reunification services’ means the services and
activities described in subparagraph (B) that are
provided to a child that is removed from the child’s
home and placed in a foster family home or a child care
institution and to the parents or primary caregiver of
such a child, in order to facilitate the reunification
of the child safely and
appropriately within a timely fashion, but only during
the 15-month period that begins on the date that the
child, pursuant to section 475(5)(F), is considered to
have entered foster care.
“(B) Services and activities described.–The
services and activities described in this subparagraph
are the following:
“(i) Individual, group, and family
counseling.
“(ii) Inpatient, residential, or outpatient
substance abuse treatment services.
“(iii) Mental health services.
“(iv) Assistance to address domestic
violence.
“(v) Services designed to provide temporary
child care and therapeutic services for families,
including crisis nurseries.
“(vi) Transportation to or from any of the
services and activities described in this
subparagraph.
“(8) Adoption promotion and support services.–The term
`adoption promotion and support services’ means services and
activities designed to encourage more adoptions out of the
foster care system, when adoptions promote the best interests of
children, including such activities as pre- and post-adoptive
services and activities designed to expedite the adoption
process and support adoptive families.”.
(3) Additional conforming amendments.–
(A) Purposes.–Section 430(a) of the Social Security
Act (42 U.S.C. 629(a)) is amended by striking “and
community-based family support services” and inserting
“, community-based family support services, time-
limited family reunification services, and adoption
promotion and support services”.
(B) Program title.–The heading of subpart 2 of part
B of title IV of the Social Security Act (42 U.S.C. 629
et seq.) is amended to read as follows:

“Subpart 2–Promoting Safe and Stable Families”.

(c) Emphasizing the Safety of the Child.–
(1) Requiring assurances that the safety of children shall
be of paramount concern.–Section 432(a) of the Social Security
Act (42 U.S.C. 629b(a)) is amended–
(A) by striking “and” at the end of paragraph (7);

[[Page 111 STAT. 2132]]

(B) by striking the period at the end of paragraph
(8); and
(C) by adding at the end the following:
“(9) contains assurances that in administering and
conducting service programs under the plan, the safety of the
children to be served shall be of paramount concern.”.
(2) Definitions of family preservation and family
support services.–Section 431(a) of the Social Security Act (42
U.S.C. 629a(a)) is amended–
(A) in paragraph (1)–
(i) in subparagraph (A), by inserting “safe
and” before “appropriate” each place it
appears; and
(ii) in subparagraph (B), by inserting
“safely” after “remain”; and
(B) in paragraph (2)–
(i) by inserting “safety and” before “well-
being ”; and
(ii) by striking “stable” and inserting
“safe, stable,”.

(d) Clarification of Maintenance of Effort Requirement.–
(1) Definition of non-federal funds.–Section 431(a) of the
Social Security Act (42 U.S.C. 629a(a)), as amended by
subsection (b)(2), is amended by adding at the end the
following:
“(9) Non-federal funds.–The term `non-Federal funds’ means
State funds, or at the option of a State, State and local
funds.”.
(2) <> Effective date.–The
amendment made by paragraph (1) takes effect as if included in
the enactment of section 13711 of the Omnibus Budget
Reconciliation Act of 1993 (Public Law 103-33; 107 Stat. 649).

SEC. 306. HEALTH INSURANCE COVERAGE FOR CHILDREN WITH
SPECIAL NEEDS.

Section 471(a) of the Social Security Act (42 U.S.C. 671(a)), as
amended by section 106, is amended–
(1) in paragraph (19), by striking “and” at the end;
(2) in paragraph (20), by striking the period and inserting
“; and”; and
(3) by adding at the end the following:
“(21) provides for health insurance coverage (including, at
State option, through the program under the State plan approved
under title XIX) for any child who has been determined to be a
child with special needs, for whom there is in effect an
adoption assistance agreement (other than an agreement under
this part) between the State and an adoptive parent or parents,
and who the State has determined cannot be placed with an
adoptive parent or parents without medical assistance because
such child has special needs for medical, mental health, or
rehabilitative care, and that with respect to the provision of
such health insurance coverage–
“(A) such coverage may be provided through 1 or
more State medical assistance programs;
“(B) the State, in providing such coverage, shall
ensure that the medical benefits, including mental
health benefits, provided are of the same type and kind
as those that would be provided for children by the
State under title XIX;

[[Page 111 STAT. 2133]]

“(C) in the event that the State provides such
coverage through a State medical assistance program
other than the program under title XIX, and the State
exceeds its funding for services under such other
program, any such child shall be deemed to be receiving
aid or assistance under the State plan under this part
for purposes of section 1902(a)(10)(A)(i)(I); and
“(D) in determining cost-sharing requirements, the
State shall take into consideration the circumstances of
the adopting parent or parents and the needs of the
child being adopted consistent, to the extent coverage
is provided through a State medical assistance program,
with the rules under such program.”.

SEC. 307. CONTINUATION OF ELIGIBILITY FOR ADOPTION ASSISTANCE PAYMENTS
ON BEHALF OF CHILDREN WITH SPECIAL NEEDS WHOSE INITIAL
ADOPTION HAS BEEN DISSOLVED.

(a) Continuation of Eligibility.–Section 473(a)(2) of the Social
Security Act (42 U.S.C. 673(a)(2)) is amended by adding at the end the
following: “Any child who meets the requirements of subparagraph (C),
who was determined eligible for adoption assistance payments under this
part with respect to a prior adoption, who is available for adoption
because the prior adoption has been dissolved and the parental rights of
the adoptive parents have been terminated or because the child’s
adoptive parents have died, and who fails to meet the requirements of
subparagraphs (A) and (B) but would meet such requirements if the child
were treated as if the child were in the same financial and other
circumstances the child was in the last time the child was determined
eligible for adoption assistance payments under this part and the prior
adoption were treated as never having occurred, shall be treated as
meeting the requirements of this paragraph for purposes of paragraph
(1)(B)(ii).”.
(b) <> Applicability.–The amendment made
by subsection (a) shall only apply to children who are adopted on or
after October 1, 1997.

SEC. 308. STATE STANDARDS TO ENSURE QUALITY SERVICES FOR CHILDREN IN
FOSTER CARE.

Section 471(a) of the Social Security Act (42 U.S.C. 671(a)), as
amended by sections 106 and 306, is amended–
(1) in paragraph (20), by striking “and” at the end;
(2) in paragraph (21), by striking the period and inserting
“; and”; and
(3) by adding at the end the following:
“(22) provides that, not later than January 1, 1999, the
State shall develop and implement standards to ensure that
children in foster care placements in public or private agencies
are provided quality services that protect the safety and health
of the children.”.

TITLE IV–MISCELLANEOUS

SEC. 401. <> PRESERVATION OF REASONABLE
PARENTING.

Nothing in this Act is intended to disrupt the family unnecessarily
or to intrude inappropriately into family life, to prohibit

[[Page 111 STAT. 2134]]

the use of reasonable methods of parental discipline, or to prescribe a
particular method of parenting.

SEC. 402. <> REPORTING REQUIREMENTS.

Any information required to be reported under this Act shall be
supplied to the Secretary of Health and Human Services through data
meeting the requirements of the Adoption and Foster Care Analysis and
Reporting System established pursuant to section 479 of the Social
Security Act (42 U.S.C. 679), to the extent such data is available under
that system. The Secretary shall make such modifications to regulations
issued under section 479 of such Act with respect to the Adoption and
Foster Care Analysis and Reporting System as may be necessary to allow
States to obtain data that meets the requirements of such system in
order to satisfy the reporting requirements of this Act.

SEC. 403. SENSE OF CONGRESS REGARDING STANDBY GUARDIANSHIP.

It is the sense of Congress that the States should have in effect
laws and procedures that permit any parent who is chronically ill or
near death, without surrendering parental rights, to designate a standby
guardian for the parent’s minor children, whose authority would take
effect upon–
(1) the death of the parent;
(2) the mental incapacity of the parent; or
(3) the physical debilitation and consent of the parent.

SEC. 404. TEMPORARY ADJUSTMENT OF CONTINGENCY FUND FOR STATE WELFARE
PROGRAMS.

(a) Reduction of Appropriation.–Section 403(b)(2) of the Social
Security Act (42 U.S.C. 603(b)(2)) is amended by inserting “, reduced
by the sum of the dollar amounts specified in paragraph (6)(C)(ii)”
before the period.
(b) Increase in State Remittances.–Section 403(b)(6) of such Act
(42 U.S.C. 603(b)(6)) is amended by adding at the end the following:
“(C) Adjustment of state remittances.–
“(i) In general.–The amount otherwise
required by subparagraph (A) to be remitted by a
State for a fiscal year shall be increased by the
lesser of–
“(I) the total adjustment for the
fiscal year, multiplied by the
adjustment percentage for the State for
the fiscal year; or
“(II) the unadjusted net payment to
the State for the fiscal year.
“(ii) Total adjustment.–As used in clause
(i), the term `total adjustment’ means–
“(I) in the case of fiscal year
1998, $2,000,000;
“(II) in the case of fiscal year
1999, $9,000,000;
“(III) in the case of fiscal year
2000, $16,000,000; and
“(IV) in the case of fiscal year
2001, $13,000,000.
“(iii) Adjustment percentage.–As used in
clause (i), the term `adjustment percentage’
means, with respect to a State and a fiscal year–
“(I) the unadjusted net payment to
the State for the fiscal year; divided
by

[[Page 111 STAT. 2135]]

“(II) the sum of the unadjusted net
payments to all States for the fiscal
year.
“(iv) Unadjusted net payment.–As used in
this subparagraph, the term, `unadjusted net
payment’ means with respect to a State and a
fiscal year–
“(I) the total amount paid to the
State under paragraph (3) in the fiscal
year; minus
“(II) the amount that, in the
absence of this subparagraph, would be
required by subparagraph (A) or by
section 409(a)(10) to be remitted by the
State in respect of the payment.”.

(c) Recommendations for Improving the Operation of the Contingency
Fund.–Not later than March 1, 1998, the Secretary of Health and Human
Services shall make recommendations to the Congress for improving the
operation of the Contingency Fund for State Welfare Programs.

SEC. 405. <> COORDINATION OF SUBSTANCE
ABUSE AND CHILD
PROTECTION SERVICES.

Within 1 year after the date of the enactment of this Act, the
Secretary of Health and Human Services, based on information from the
Substance Abuse and Mental Health Services Administration and the
Administration for Children and Families in the Department of Health of
Human Services, shall prepare and submit to the Committee on Ways and
Means of the House of Representatives and the Committee on Finance of
the Senate a report which describes the extent and scope of the problem
of substance abuse in the child welfare population, the types of
services provided to such population, and the outcomes resulting from
the provision of such services to such population. The report shall
include recommendations for any legislation that may be needed to
improve coordination in providing such services to such population.

SEC. 406. <> PURCHASE OF AMERICAN-MADE
EQUIPMENT AND
PRODUCTS.

(a) In General.–It is the sense of the Congress that, to the
greatest extent practicable, all equipment and products purchased with
funds made available under this Act should be American-made.
(b) Notice Requirement.–In providing financial assistance to, or
entering into any contract with, any entity using funds made available
under this Act, the head of each Federal agency, to the greatest extent
practicable, shall provide to such entity a notice describing the
statement made in subsection (a) by the Congress.

[[Page 111 STAT. 2136]]

TITLE V–EFFECTIVE DATE

SEC. 501. <> EFFECTIVE DATE.

(a) In General.–Except as otherwise provided in this Act, the
amendments made by this Act take effect on the date of enactment of this
Act.
(b) Delay Permitted if State Legislation Required.–In the case of a
State plan under part B or E of title IV of the Social Security Act
which the Secretary of Health and Human Services determines requires
State legislation (other than legislation appropriating funds) in order
for the plan to meet the additional requirements imposed by the
amendments made by this Act, the State plan shall not be regarded as
failing to comply with the requirements of such part solely on the basis
of the failure of the plan to meet such additional requirements before
the first day of the first calendar quarter beginning after the close of
the first regular session of the State legislature that begins after the
date of enactment of this Act. For purposes of the previous sentence, in
the case of a State that has a 2-year legislative session, each year of
such session shall be deemed to be a separate regular session of the
State legislature.

Approved November 19, 1997.

LEGISLATIVE HISTORY–H.R. 867:
—————————————————————————

HOUSE REPORTS: No. 105-77 (Comm. on Ways and Means).
CONGRESSIONAL RECORD, Vol. 143 (1997):
Apr. 30, considered and passed House.
Nov. 8, considered and passed Senate, amended.
Nov. 13, House concurred in Senate amendment with an
amendment. Senate concurred in House amendment.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 33 (1997):
Nov. 19, Presidential remarks.

From the U.S. Code Online via GPO Access
[www.gpoaccess.gov]
[Laws in effect as of January 3, 2007]
[CITE: 42USC670]

[Page 1663-1667]

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

Sec. 670. Congressional declaration of purpose; authorization of
appropriations

For the purpose of enabling each State to provide, in appropriate
cases, foster care and transitional independent living programs for
children who otherwise would have been eligible for assistance under the
State’s plan approved under part A of this subchapter (as such plan was
in effect on June 1, 1995) and adoption assistance for children with
special needs, 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.

(Aug. 14, 1935, ch. 531, title IV, Sec. 470, as added Pub. L. 96-272,
title I, Sec. 101(a)(1), June 17, 1980, 94

[[Page 1664]]

Stat. 501; amended Pub. L. 99-272, title XII, Sec. 12307(d), Apr. 7,
1986, 100 Stat. 297; Pub. L. 99-514, title XVII, Sec. 1711(c)(1), Oct.
22, 1986, 100 Stat. 2784; Pub. L. 104-193, title I, Sec. 108(d)(1), Aug.
22, 1996, 110 Stat. 2166.)

References in Text

Part A of this subchapter, referred to in text, is classified to
section 601 et seq. of this title.

Amendments

1996–Pub. L. 104-193 substituted “would have been eligible” for
“would be eligible” and inserted “(as such plan was in effect on June
1, 1995)” after “part A of this subchapter”.
1986–Pub. L. 99-514 substituted “foster care and transitional
independent living programs for children who otherwise would be eligible
for assistance under the State’s plan approved under part A of this
subchapter and adoption assistance for children with special needs” for
“foster care, adoption assistance, and transitional independent living
programs for children who otherwise would be eligible for assistance
under the State’s plan approved under part A of this subchapter (or, in
the case of adoption assistance, would be eligible for benefits under
subchapter XVI of this chapter)”.
Pub. L. 99-272 substituted “foster care, adoption assistance, and
transitional independent living programs” for “foster care and
adoption assistance”.

Effective Date of 1996 Amendment

Amendment by Pub. L. 104-193 effective July 1, 1997, with transition
rules relating to State options to accelerate such date, rules relating
to claims, actions, and proceedings commenced before such date, rules
relating to closing out of accounts for terminated or substantially
modified programs and continuance in office of Assistant Secretary for
Family Support, and provisions relating to termination of entitlement
under AFDC program, see section 116 of Pub. L. 104-193, as amended, set
out as an Effective Date note under section 601 of this title.

Effective Date of 1986 Amendment

Section 1711(d) of Pub. L. 99-514 provided that: “The amendments
made by this section [amending this section and sections 671, 673, and
675 of this title] shall apply only with respect to expenditures made
after December 31, 1986.”

Strengthening Abuse and Neglect Courts

Pub. L. 106-314, Oct. 17, 2000, 114 Stat. 1266, provided that:
“SECTION 1. SHORT TITLE.
“This Act may be cited as the `Strengthening Abuse and Neglect
Courts Act of 2000′.
“SEC. 2. FINDINGS.
“Congress finds the following:
“(1) Under both Federal and State law, the courts play a
crucial and essential role in the Nation’s child welfare system and
in ensuring safety, stability, and permanence for abused and
neglected children under the supervision of that system.
“(2) The Adoption and Safe Families Act of 1997 (Public Law
105-89; 111 Stat. 2115) [see Short Title of 1997 Amendment note set
out under section 1305 of this title] establishes explicitly for the
first time in Federal law that a child’s health and safety must be
the paramount consideration when any decision is made regarding a
child in the Nation’s child welfare system.
“(3) The Adoption and Safe Families Act of 1997 promotes
stability and permanence for abused and neglected children by
requiring timely decisionmaking in proceedings to determine whether
children can safely return to their families or whether they should
be moved into safe and stable adoptive homes or other permanent
family arrangements outside the foster care system.
“(4) To avoid unnecessary and lengthy stays in the foster care
system, the Adoption and Safe Families Act of 1997 specifically
requires, among other things, that States move to terminate the
parental rights of the parents of those children who have been in
foster care for 15 of the last 22 months.
“(5) While essential to protect children and to carry out the
general purposes of the Adoption and Safe Families Act of 1997, the
accelerated timelines for the termination of parental rights and the
other requirements imposed under that Act increase the pressure on
the Nation’s already overburdened abuse and neglect courts.
“(6) The administrative efficiency and effectiveness of the
Nation’s abuse and neglect courts would be substantially improved by
the acquisition and implementation of computerized case-tracking
systems to identify and eliminate existing backlogs, to move abuse
and neglect caseloads forward in a timely manner, and to move
children into safe and stable families. Such systems could also be
used to evaluate the effectiveness of such courts in meeting the
purposes of the amendments made by, and provisions of, the Adoption
and Safe Families Act of 1997.
“(7) The administrative efficiency and effectiveness of the
Nation’s abuse and neglect courts would also be improved by the
identification and implementation of projects designed to eliminate
the backlog of abuse and neglect cases, including the temporary
hiring of additional judges, extension of court hours, and other
projects designed to reduce existing caseloads.
“(8) The administrative efficiency and effectiveness of the
Nation’s abuse and neglect courts would be further strengthened by
improving the quality and availability of training for judges, court
personnel, agency attorneys, guardians ad litem, volunteers who
participate in court-appointed special advocate (CASA) programs, and
attorneys who represent the children and the parents of children in
abuse and neglect proceedings.
“(9) While recognizing that abuse and neglect courts in this
country are already committed to the quality administration of
justice, the performance of such courts would be even further
enhanced by the development of models and educational opportunities
that reinforce court projects that have already been developed,
including models for case-flow procedures, case management,
representation of children, automated interagency interfaces, and
`best practices’ standards.
“(10) Judges, magistrates, commissioners, and other judicial
officers play a central and vital role in ensuring that proceedings
in our Nation’s abuse and neglect courts are run efficiently and
effectively. The performance of those individuals in such courts can
only be further enhanced by training, seminars, and an ongoing
opportunity to exchange ideas with their peers.
“(11) Volunteers who participate in court-appointed special
advocate (CASA) programs play a vital role as the eyes and ears of
abuse and neglect courts in proceedings conducted by, or under the
supervision of, such courts and also bring increased public scrutiny
of the abuse and neglect court system. The Nation’s abuse and
neglect courts would benefit from an expansion of this program to
currently underserved communities.
“(12) Improved computerized case-tracking systems,
comprehensive training, and development of, and education on, model
abuse and neglect court systems, particularly with respect to
underserved areas, would significantly further the purposes of the
Adoption and Safe Families Act of 1997 by reducing the average
length of an abused and neglected child’s stay in foster care,
improving the quality of decision-making and court services provided
to children and families, and increasing the number of adoptions.
“SEC. 3. DEFINITIONS.
“In this Act:

[[Page 1665]]

“(1) Abuse and neglect courts.–The term `abuse and neglect
courts’ means the State and local courts that carry out State or
local laws requiring proceedings (conducted by or under the
supervision of the courts)–
“(A) that implement part B and part E of title IV of the
Social Security Act (42 U.S.C. 620 et seq.; 670 et seq.)
(including preliminary disposition of such proceedings);
“(B) that determine whether a child was abused or
neglected;
“(C) that determine the advisability or appropriateness of
placement in a family foster home, group home, or a special
residential care facility; or
“(D) that determine any other legal disposition of a child
in the abuse and neglect court system.
“(2) Agency attorney.–The term `agency attorney’ means an
attorney or other individual, including any government attorney,
district attorney, attorney general, State attorney, county
attorney, city solicitor or attorney, corporation counsel, or
privately retained special prosecutor, who represents the State or
local agency administrating the programs under parts B and E of
title IV of the Social Security Act (42 U.S.C. 620 et seq.; 670 et
seq.) in a proceeding conducted by, or under the supervision of, an
abuse and neglect court, including a proceeding for termination of
parental rights.
“SEC. 4. GRANTS TO STATE COURTS AND LOCAL COURTS TO AUTOMATE THE DATA
COLLECTION AND TRACKING OF PROCEEDINGS IN ABUSE AND NEGLECT
COURTS.
“(a) Authority To Award Grants.–
“(1) In general.–Subject to paragraph (2), the Attorney
General, acting through the Office of Juvenile Justice and
Delinquency Prevention of the Office of Justice Programs, shall
award grants in accordance with this section to State courts and
local courts for the purposes of–
“(A) enabling such courts to develop and implement
automated data collection and case-tracking systems for
proceedings conducted by, or under the supervision of, an abuse
and neglect court;
“(B) encouraging the replication of such systems in abuse
and neglect courts in other jurisdictions; and
“(C) requiring the use of such systems to evaluate a
court’s performance in implementing the requirements of parts B
and E of title IV of the Social Security Act (42 U.S.C. 620 et
seq.; 670 et seq.).
“(2) Limitations.–
“(A) Number of grants.–Not less than 20 nor more than 50
grants may be awarded under this section.
“(B) Per state limitation.–Not more than 2 grants
authorized under this section may be awarded per State.
“(C) Use of grants.–Funds provided under a grant made
under this section may only be used for the purpose of
developing, implementing, or enhancing automated data collection
and case-tracking systems for proceedings conducted by, or under
the supervision of, an abuse and neglect court.
“(b) Application.–
“(1) In general.–A State court or local court may submit an
application for a grant authorized under this section at such time
and in such manner as the Attorney General may determine.
“(2) Information required.–An application for a grant
authorized under this section shall contain the following:
“(A) A description of a proposed plan for the development,
implementation, and maintenance of an automated data collection
and case-tracking system for proceedings conducted by, or under
the supervision of, an abuse and neglect court, including a
proposed budget for the plan and a request for a specific
funding amount.
“(B) A description of the extent to which such plan and
system are able to be replicated in abuse and neglect courts of
other jurisdictions that specifies the common case-tracking data
elements of the proposed system, including, at a minimum–
“(i) identification of relevant judges, court, and
agency personnel;
“(ii) records of all court proceedings with regard to
the abuse and neglect case, including all court findings and
orders (oral and written); and
“(iii) relevant information about the subject child,
including family information and the reason for court
supervision.
“(C) In the case of an application submitted by a local
court, a description of how the plan to implement the proposed
system was developed in consultation with related State courts,
particularly with regard to a State court improvement plan
funded under section 13712 of the Omnibus Budget Reconciliation
Act of 1993 (42 U.S.C. 670 note) [now 42 U.S.C. 629h] if there
is such a plan in the State.
“(D) In the case of an application that is submitted by a
State court, a description of how the proposed system will
integrate with a State court improvement plan funded under
section 13712 of such Act if there is such a plan in the State.
“(E) After consultation with the State agency responsible
for the administration of parts B and E of title IV of the
Social Security Act (42 U.S.C. 620 et seq.; 670 et seq.)–
“(i) a description of the coordination of the proposed
system with other child welfare data collection systems,
including the statewide automated child welfare information
system (SACWIS) and the adoption and foster care analysis
and reporting system (AFCARS) established pursuant to
section 479 of the Social Security Act (42 U.S.C. 679); and
“(ii) an assurance that such coordination will be
implemented and maintained.
“(F) Identification of an independent third party that will
conduct ongoing evaluations of the feasibility and
implementation of the plan and system and a description of the
plan for conducting such evaluations.
“(G) A description or identification of a proposed funding
source for completion of the plan (if applicable) and
maintenance of the system after the conclusion of the period for
which the grant is to be awarded.
“(H) An assurance that any contract entered into between
the State court or local court and any other entity that is to
provide services for the development, implementation, or
maintenance of the system under the proposed plan will require
the entity to agree to allow for replication of the services
provided, the plan, and the system, and to refrain from
asserting any proprietary interest in such services for purposes
of allowing the plan and system to be replicated in another
jurisdiction.
“(I) An assurance that the system established under the
plan will provide data that allows for evaluation (at least on
an annual basis) of the following information:
“(i) The total number of cases that are filed in the
abuse and neglect court.
“(ii) The number of cases assigned to each judge who
presides over the abuse and neglect court.
“(iii) The average length of stay of children in foster
care.
“(iv) With respect to each child under the jurisdiction
of the court–
“(I) the number of episodes of placement in foster care;
“(II) the number of days placed in foster care and the type
of placement (foster family home, group home, or special
residential care facility);
“(III) the number of days of in-home supervision; and
“(IV) the number of separate foster care placements.
“(v) The number of adoptions, guardianships, or other
permanent dispositions finalized.

[[Page 1666]]

“(vi) The number of terminations of parental rights.
“(vii) The number of child abuse and neglect
proceedings closed that had been pending for 2 or more
years.
“(viii) With respect to each proceeding conducted by,
or under the supervision of, an abuse and neglect court–
“(I) the timeliness of each stage of the proceeding from
initial filing through legal finalization of a
permanency plan (for both contested and uncontested
hearings);
“(II) the number of adjournments, delays, and continuances
occurring during the proceeding, including
identification of the party requesting each adjournment,
delay, or continuance and the reasons given for the
request;
“(III) the number of courts that conduct or supervise the
proceeding for the duration of the abuse and neglect
case;
“(IV) the number of judges assigned to the proceeding for the
duration of the abuse and neglect case; and
“(V) the number of agency attorneys, children’s attorneys,
parent’s attorneys, guardians ad litem, and volunteers
participating in a court-appointed special advocate
(CASA) program assigned to the proceeding during the
duration of the abuse and neglect case.
“(J) A description of how the proposed system will reduce
the need for paper files and ensure prompt action so that cases
are appropriately listed with national and regional adoption
exchanges, and public and private adoption services.
“(K) An assurance that the data collected in accordance
with subparagraph (I) will be made available to relevant
Federal, State, and local government agencies and to the public.
“(L) An assurance that the proposed system is consistent
with other civil and criminal information requirements of the
Federal Government.
“(M) An assurance that the proposed system will provide
notice of timeframes required under the Adoption and Safe
Families Act of 1997 (Public Law 105-89; 111 Stat. 2115) for
individual cases to ensure prompt attention and compliance with
such requirements.
“(c) Conditions for Approval of Applications.–
“(1) Matching requirement.–
“(A) In general.–A State court or local court awarded a
grant under this section shall expend $1 for every $3 awarded
under the grant to carry out the development, implementation,
and maintenance of the automated data collection and case-
tracking system under the proposed plan.
“(B) Waiver for hardship.–The Attorney General may waive
or modify the matching requirement described in subparagraph (A)
in the case of any State court or local court that the Attorney
General determines would suffer undue hardship as a result of
being subject to the requirement.
“(C) Non-federal expenditures.–
“(i) Cash or in kind.–State court or local court
expenditures required under subparagraph (A) may be in cash
or in kind, fairly evaluated, including plant, equipment, or
services.
“(ii) No credit for pre-award expenditures.–Only State
court or local court expenditures made after a grant has
been awarded under this section may be counted for purposes
of determining whether the State court or local court has
satisfied the matching expenditure requirement under
subparagraph (A).
“(2) Notification to state or appropriate child welfare
agency.–No application for a grant authorized under this section
may be approved unless the State court or local court submitting the
application demonstrates to the satisfaction of the Attorney General
that the court has provided the State, in the case of a State court,
or the appropriate child welfare agency, in the case of a local
court, with notice of the contents and submission of the
application.
“(3) Considerations.–In evaluating an application for a grant
under this section the Attorney General shall consider the
following:
“(A) The extent to which the system proposed in the
application may be replicated in other jurisdictions.
“(B) The extent to which the proposed system is consistent
with the provisions of, and amendments made by, the Adoption and
Safe Families Act of 1997 (Public Law 105-89; 111 Stat. 2115),
and parts B and E of title IV of the Social Security Act (42
U.S.C. 620 et seq.; 670 et seq.).
“(C) The extent to which the proposed system is feasible
and likely to achieve the purposes described in subsection
(a)(1).
“(4) Diversity of awards.–The Attorney General shall award
grants under this section in a manner that results in a reasonable
balance among grants awarded to State courts and grants awarded to
local courts, grants awarded to courts located in urban areas and
courts located in rural areas, and grants awarded in diverse
geographical locations.
“(d) Length of Awards.–No grant may be awarded under this section
for a period of more than 5 years.
“(e) Availability of Funds.–Funds provided to a State court or
local court under a grant awarded under this section shall remain
available until expended without fiscal year limitation.
“(f) Reports.–
“(1) Annual report from grantees.–Each State court or local
court that is awarded a grant under this section shall submit an
annual report to the Attorney General that contains–
“(A) a description of the ongoing results of the
independent evaluation of the plan for, and implementation of,
the automated data collection and case-tracking system funded
under the grant; and
“(B) the information described in subsection (b)(2)(I).
“(2) Interim and final reports from attorney general.–
“(A) Interim reports.–Beginning 2 years after the date of
enactment of this Act [Oct. 17, 2000], and biannually thereafter
until a final report is submitted in accordance with
subparagraph (B), the Attorney General shall submit to Congress
interim reports on the grants made under this section.
“(B) Final report.–Not later than 90 days after the
termination of all grants awarded under this section, the
Attorney General shall submit to Congress a final report
evaluating the automated data collection and case-tracking
systems funded under such grants and identifying successful
models of such systems that are suitable for replication in
other jurisdictions. The Attorney General shall ensure that a
copy of such final report is transmitted to the highest State
court in each State.
“(g) Authorization of Appropriations.–There is authorized to be
appropriated to carry out this section, $10,000,000 for the period of
fiscal years 2001 through 2005.
“SEC. 5. GRANTS TO REDUCE PENDING BACKLOGS OF ABUSE AND NEGLECT CASES
TO PROMOTE PERMANENCY FOR ABUSED AND NEGLECTED CHILDREN.
“(a) Authority To Award Grants.–The Attorney General, acting
through the Office of Juvenile Justice and Delinquency Prevention of the
Office of Justice Programs and in collaboration with the Secretary of
Health and Human Services, shall award grants in accordance with this
section to State courts and local courts for the purposes of–
“(1) promoting the permanency goals established in the Adoption
and Safe Families Act of 1997 (Public Law 105-89; 111 Stat. 2115);
and
“(2) enabling such courts to reduce existing backlogs of cases
pending in abuse and neglect courts, es

[[Page 1667]]

pecially with respect to cases to terminate parental rights and
cases in which parental rights to a child have been terminated but
an adoption of the child has not yet been finalized.
“(b) Application.–A State court or local court shall submit an
application for a grant under this section, in such form and manner as
the Attorney General shall require, that contains a description of the
following:
“(1) The barriers to achieving the permanency goals established
in the Adoption and Safe Families Act of 1997 that have been
identified.
“(2) The size and nature of the backlogs of children awaiting
termination of parental rights or finalization of adoption.
“(3) The strategies the State court or local court proposes to
use to reduce such backlogs and the plan and timetable for doing so.
“(4) How the grant funds requested will be used to assist the
implementation of the strategies described in paragraph (3).
“(c) Use of Funds.–Funds provided under a grant awarded under this
section may be used for any purpose that the Attorney General determines
is likely to successfully achieve the purposes described in subsection
(a), including temporarily–
“(1) establishing night court sessions for abuse and neglect
courts;
“(2) hiring additional judges, magistrates, commissioners,
hearing officers, referees, special masters, and other judicial
personnel for such courts;
“(3) hiring personnel such as clerks, administrative support
staff, case managers, mediators, and attorneys for such courts; or
“(4) extending the operating hours of such courts.
“(d) Number of Grants.–Not less than 15 nor more than 20 grants
shall be awarded under this section.
“(e) Availability of Funds.–Funds awarded under a grant made under
this section shall remain available for expenditure by a grantee for a
period not to exceed 3 years from the date of the grant award.
“(f) Report on Use of Funds.–Not later than the date that is
halfway through the period for which a grant is awarded under this
section, and 90 days after the end of such period, a State court or
local court awarded a grant under this section shall submit a report to
the Attorney General that includes the following:
“(1) The barriers to the permanency goals established in the
Adoption and Safe Families Act of 1997 that are or have been
addressed with grant funds.
“(2) The nature of the backlogs of children that were pursued
with grant funds.
“(3) The specific strategies used to reduce such backlogs.
“(4) The progress that has been made in reducing such backlogs,
including the number of children in such backlogs–
“(A) whose parental rights have been terminated; and
“(B) whose adoptions have been finalized.
“(5) Any additional information that the Attorney General
determines would assist jurisdictions in achieving the permanency
goals established in the Adoption and Safe Families Act of 1997.
“(g) Authorization of Appropriations.–There are authorized to be
appropriated for the period of fiscal years 2001 and 2002 $10,000,000
for the purpose of making grants under this section.
“SEC. 6. GRANTS TO EXPAND THE COURT-APPOINTED SPECIAL ADVOCATE PROGRAM
IN UNDERSERVED AREAS.
“(a) Grants To Expand CASA Programs in Underserved Areas.–The
Administrator of the Office of Juvenile Justice and Delinquency
Prevention of the Department of Justice shall make a grant to the
National Court-Appointed Special Advocate Association for the purposes
of–
“(1) expanding the recruitment of, and building the capacity
of, court-appointed special advocate programs located in the 15
largest urban areas;
“(2) developing regional, multijurisdictional court-appointed
special advocate programs serving rural areas; and
“(3) providing training and supervision of volunteers in court-
appointed special advocate programs.
“(b) Limitation on Administrative Expenditures.–Not more than 5
percent of the grant made under this subsection may be used for
administrative expenditures.
“(c) Determination of Urban and Rural Areas.–For purposes of
administering the grant authorized under this subsection, the
Administrator of the Office of Juvenile Justice and Delinquency
Prevention of the Department of Justice shall determine whether an area
is one of the 15 largest urban areas or a rural area in accordance with
the practices of, and statistical information compiled by, the Bureau of
the Census.
“(d) Authorization of Appropriations.–There is authorized to be
appropriated to make the grant authorized under this section, $5,000,000
for the period of fiscal years 2001 and 2002.”

Entitlement Funding for State Courts To Assess and Improve Handling of
Proceedings Relating to Foster Care and Adoption

Pub. L. 103-66, title XIII, Sec. 13712, Aug. 10, 1993, 107 Stat.
655, as amended by Pub. L. 105-89, title III, Sec. 305(a)(3), Nov. 19,
1997, 111 Stat. 2130; Pub. L. 107-133, title I, Sec. 107(a)-(d), Jan.
17, 2002, 115 Stat. 2418, which was formerly set out as a note under
this section, was renumbered section 438 of the Social Security Act by
Pub. L. 107-133, title I, Sec. 107(e), Jan. 17, 2002, 115 Stat. 2419,
and is classified to section 629h of this title.

Abandoned Infants Assistance

Pub. L. 100-505, Oct. 18, 1988, 102 Stat. 2533, as amended by Pub.
L. 102-236, Secs. 2-8, Dec. 12, 1991, 105 Stat. 1812-1816; Pub. L.
104-235, title II, Secs. 221, 222, Oct. 3, 1996, 110 Stat. 3091,
3092; Pub. L. 108-36, title III, Secs. 301-305, June 25, 2003, 117
Stat. 822-824, known as the Abandoned Infants Assistance Act of 1988,
and formerly set out as a note under this section, provided temporary
authority for the Secretary of Health and Human Services to make grants
to public and nonprofit private entities for the purpose of developing,
implementing, and operating projects to prevent the abandonment of
infants and young children and required the Secretary to provide for
evaluations of those projects. As amended by Pub. L. 102-236, Sec. 8,
the program became permanent, and Pub. L. 100-505, except title II, was
transferred to subchapter IV-A (Sec. 5117aa et seq.) of chapter 67 of
this title.

Study of Foster Care and Adoption Assistance Programs; Report to
Congress Not Later Than October 1, 1983

Section 101(b) of Pub. L. 96-272 directed Secretary of Health,
Education, and Welfare to conduct a study of programs of foster care and
adoption assistance established under part IV-E of the Social Security
Act (this part) and submit to Congress, not later than Oct. 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.

From the U.S. Code Online via GPO Access
[www.gpoaccess.gov]
[Laws in effect as of January 3, 2007]
[CITE: 42USC671]

[Page 1667-1674]

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

Sec. 671. State plan for foster care and adoption assistance

(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 author

[[Page 1668]]

ized 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 subchapter XX of this chapter, and under
any other 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)
(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) subject to subsection (c), 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 program of the State under
part A, B, or D of this subchapter or under subchapter I, V, X, XIV,
XVI (as in effect in Puerto Rico, Guam, and the Virgin Islands),
XIX, or XX of this chapter, or the supplemental security income
program established by subchapter XVI of this chapter, (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, (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 (E) reporting and providing information pursuant to paragraph
(9) to appropriate authorities with respect to known or suspected
child abuse or neglect; 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 the State agency will–
(A) report to an appropriate agency or official, known or
suspected instances of physical or mental injury, sexual abuse
or exploitation, or negligent treatment or maltreatment of a
child receiving aid under part B of this subchapter or this part
under circumstances which indicate that the child’s health or
welfare is threatened thereby; and
(B) provide such information with respect to a situation
described in subparagraph (A) as the State agency may have;

(10) provides for the establishment or designation of a State
authority or authorities which shall be responsible for establishing
and maintaining standards for foster family homes and child care
institutions which are 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, and
provides that the standards so established 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 subchapter;
(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 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 subchapter, 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) provides that–
(A) in determining reasonable efforts to be made with
respect to a child, as described in this paragraph, and in
making such reasonable efforts, the child’s health and safety
shall be the paramount concern;
(B) except as provided in subparagraph (D), reasonable
efforts shall be made to preserve and reunify families–

[[Page 1669]]

(i) prior to the placement of a child in foster care, to
prevent or eliminate the need for removing the child from
the child’s home; and
(ii) to make it possible for a child to safely return to
the child’s home;

(C) if continuation of reasonable efforts of the type
described in subparagraph (B) is determined to be inconsistent
with the permanency plan for the child, reasonable efforts shall
be made to place the child in a timely manner in accordance with
the permanency plan (including, if appropriate, through an
interstate placement), and to complete whatever steps are
necessary to finalize the permanent placement of the child;
(D) reasonable efforts of the type described in subparagraph
(B) shall not be required to be made with respect to a parent of
a child if a court of competent jurisdiction has determined
that–
(i) the parent has subjected the child to aggravated
circumstances (as defined in State law, which definition may
include but need not be limited to abandonment, torture,
chronic abuse, and sexual abuse);
(ii) the parent has–
(I) committed murder (which would have been an
offense under section 1111(a) of title 18, if the
offense had occurred in the special maritime or
territorial jurisdiction of the United States) of
another child of the parent;
(II) committed voluntary manslaughter (which would
have been an offense under section 1112(a) of title 18,
if the offense had occurred in the special maritime or
territorial jurisdiction of the United States) of
another child of the parent;
(III) aided or abetted, attempted, conspired, or
solicited to commit such a murder or such a voluntary
manslaughter; or
(IV) committed a felony assault that results in
serious bodily injury to the child or another child of
the parent; or

(iii) the parental rights of the parent to a sibling
have been terminated involuntarily;

(E) if reasonable efforts of the type described in
subparagraph (B) are not made with respect to a child as a
result of a determination made by a court of competent
jurisdiction in accordance with subparagraph (D)–
(i) a permanency hearing (as described in section
675(5)(C) of this title), which considers in-State and out-
of-State permanent placement options for the child, shall be
held for the child within 30 days after the determination;
and
(ii) reasonable efforts shall be made to place the child
in a timely manner in accordance with the permanency plan,
and to complete whatever steps are necessary to finalize the
permanent placement of the child; and

(F) reasonable efforts to place a child for adoption or with
a legal guardian, including identifying appropriate in-State and
out-of-State placements \1\ may be made concurrently with
reasonable efforts of the type described in subparagraph (B);
—————————————————————————
\1\ So in original. Probably should be followed by a comma.

(16) provides for the development of a case plan (as defined in
section 675(1) of this title) 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
675(5)(B) of this title with respect to each such child;
(17) provides that, where appropriate, all steps will be taken,
including cooperative efforts with the State agencies administering
the program funded under part A of this subchapter and plan approved
under part D of this subchapter, to secure an assignment to the
State of any rights to support on behalf of each child receiving
foster care maintenance payments under this part;
(18) not later than January 1, 1997, provides that neither the
State nor any other entity in the State that receives funds from the
Federal Government and is involved in adoption or foster care
placements may–
(A) deny to any person the opportunity to become an adoptive
or a foster parent, on the basis of the race, color, or national
origin of the person, or of the child, involved; or
(B) delay or deny the placement of a child for adoption or
into foster care, on the basis of the race, color, or national
origin of the adoptive or foster parent, or the child, involved;

(19) provides that the State shall consider giving preference to
an adult relative over a non-related caregiver when determining a
placement for a child, provided that the relative caregiver meets
all relevant State child protection standards;
(20)(A) unless an election provided for in subparagraph (B) is
made with respect to the State, provides procedures for criminal
records checks, including fingerprint-based checks of national crime
information databases (as defined in section 534(e)(3)(A) \2\ of
title 28), for any prospective foster or adoptive parent before the
foster or adoptive parent may be finally approved for placement of a
child regardless of whether foster care maintenance payments or
adoption assistance payments are to be made on behalf of the child
under the State plan under this part, including procedures requiring
that–
—————————————————————————
\2\ See References in Text note below.
—————————————————————————
(i) in any case involving a child on whose behalf such
payments are to be so made in which a record check reveals a
felony conviction for child abuse or neglect, for spousal abuse,
for a crime against children (including child pornography), or
for a crime involving violence, including rape, sexual assault,
or homicide, but not including other physical assault or
battery, if a State finds that a court of competent jurisdiction
has determined that the felony was committed at any time, such
final approval shall not be granted; and

[[Page 1670]]

(ii) in any case involving a child on whose behalf such
payments are to be so made in which a record check reveals a
felony conviction for physical assault, battery, or a drug-
related offense, if a State finds that a court of competent
jurisdiction has determined that the felony was committed within
the past 5 years, such final approval shall not be granted; and
\3\
—————————————————————————
\3\ So in original. The word “and” probably should not appear.

(B) subparagraph (A) shall not apply to a State plan if, on or
before September 30, 2005, the Governor of the State has notified
the Secretary in writing that the State has elected to make
subparagraph (A) inapplicable to the State, or if, on or before such
date, the State legislature, by law, has elected to make
subparagraph (A) inapplicable to the State; \4\
—————————————————————————
\4\ So in original. Probably should be followed by “and”.
—————————————————————————
(C) provides that the State shall–
(i) check any child abuse and neglect registry maintained by
the State for information on any prospective foster or adoptive
parent and on any other adult living in the home of such a
prospective parent, and request any other State in which any
such prospective parent or other adult has resided in the
preceding 5 years, to enable the State to check any child abuse
and neglect registry maintained by such other State for such
information, before the prospective foster or adoptive parent
may be finally approved for placement of a child, regardless of
whether foster care maintenance payments or adoption assistance
payments are to be made on behalf of the child under the State
plan under this part;
(ii) comply with any request described in clause (i) that is
received from another State; and
(iii) have in place safeguards to prevent the unauthorized
disclosure of information in any child abuse and neglect
registry maintained by the State, and to prevent any such
information obtained pursuant to this subparagraph from being
used for a purpose other than the conducting of background
checks in foster or adoptive placement cases;

(21) provides for health insurance coverage (including, at State
option, through the program under the State plan approved under
subchapter XIX of this chapter) for any child who has been
determined to be a child with special needs, for whom there is in
effect an adoption assistance agreement (other than an agreement
under this part) between the State and an adoptive parent or
parents, and who the State has determined cannot be placed with an
adoptive parent or parents without medical assistance because such
child has special needs for medical, mental health, or
rehabilitative care, and that with respect to the provision of such
health insurance coverage–
(A) such coverage may be provided through 1 or more State
medical assistance programs;
(B) the State, in providing such coverage, shall ensure that
the medical benefits, including mental health benefits, provided
are of the same type and kind as those that would be provided
for children by the State under subchapter XIX of this chapter;
(C) in the event that the State provides such coverage
through a State medical assistance program other than the
program under subchapter XIX of this chapter, and the State
exceeds its funding for services under such other program, any
such child shall be deemed to be receiving aid or assistance
under the State plan under this part for purposes of section
1396a(a)(10)(A)(i)(I) of this title; and
(D) in determining cost-sharing requirements, the State
shall take into consideration the circumstances of the adopting
parent or parents and the needs of the child being adopted
consistent, to the extent coverage is provided through a State
medical assistance program, with the rules under such program;

(22) provides that, not later than January 1, 1999, the State
shall develop and implement standards to ensure that children in
foster care placements in public or private agencies are provided
quality services that protect the safety and health of the children;
(23) provides that the State shall not–
(A) deny or delay the placement of a child for adoption when
an approved family is available outside of the jurisdiction with
responsibility for handling the case of the child; or
(B) fail to grant an opportunity for a fair hearing, as
described in paragraph (12), to an individual whose allegation
of a violation of subparagraph (A) of this paragraph is denied
by the State or not acted upon by the State with reasonable
promptness;

(24) include \5\ a certification that, before a child in foster
care under the responsibility of the State is placed with
prospective foster parents, the prospective foster parents will be
prepared adequately with the appropriate knowledge and skills to
provide for the needs of the child, and that such preparation will
be continued, as necessary, after the placement of the child;
—————————————————————————
\5\ So in original. Probably should be “includes”.
—————————————————————————
(25) provide \6\ 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;
—————————————————————————
\6\ So in original. Probably should be “provides”.
—————————————————————————
(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 ad

[[Page 1671]]

dress 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); and

(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.

(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.

(Aug. 14, 1935, ch. 531, title IV, Sec. 471, as added Pub. L. 96-272,
title I, Sec. 101(a)(1), June 17, 1980, 94 Stat. 501; amended Pub. L.
97-35, title XXIII, Sec. 2353(r), Aug. 13, 1981, 95 Stat. 874; Pub. L.
97-248, title I, Sec. 160(d), Sept. 3, 1982, 96 Stat. 400; Pub. L. 98-
378, Sec. 11(c), Aug. 16, 1984, 98 Stat. 1318; Pub. L. 99-514, title
XVII, Sec. 1711(c)(2), Oct. 22, 1986, 100 Stat. 2784; Pub. L. 100-485,
title II, Sec. 202(c)(1), Oct. 13, 1988, 102 Stat. 2378; Pub. L. 101-
508, title V, Sec. 5054(b), Nov. 5, 1990, 104 Stat. 1388-229; Pub. L.
103-66, title XIII, Sec. 13711(b)(4), Aug. 10, 1993, 107 Stat. 655; Pub.
L. 103-432, title II, Sec. 203(b), Oct. 31, 1994, 108 Stat. 4456; Pub.
L. 104-188, title I, Sec. 1808(a), Aug. 20, 1996, 110 Stat. 1903; Pub.
L. 104-193, title I, Sec. 108(d)(2), title V, Sec. 505, Aug. 22, 1996,
110 Stat. 2166, 2278; Pub. L. 105-33, title V, Sec. 5591(b), Aug. 5,
1997, 111 Stat. 643; Pub. L. 105-89, title I, Secs. 101(a), 106,
title III, Secs. 306, 308, Nov. 19, 1997, 111 Stat. 2116, 2120,
2132, 2133; Pub. L. 105-200, title III, Sec. 301(a), July 16, 1998, 112
Stat. 658; Pub. L. 106-169, title I, Sec. 112(a), title IV, Sec. 401(o),
Dec. 14, 1999, 113 Stat. 1829, 1859; Pub. L. 109-171, title VII,
Sec. 7401(c), Feb. 8, 2006, 120 Stat. 150; Pub. L. 109-239, Secs. 3,
4(a)(1), 10, July 3, 2006, 120 Stat. 508, 513; Pub. L. 109-248, title I,
Sec. 152(a), (b), July 27, 2006, 120 Stat. 608, 609; Pub. L. 109-432,
div. B, title IV, Sec. 405(c)(1)(B)(i), Dec. 20, 2006, 120 Stat. 2999.)

Amendment of Subsection (a)(20)

Pub. L. 109-248, title I, Sec. 152(b), (c)(2), July 27, 2006,
120 Stat. 609, provided that, effective Oct. 1, 2008, and applicable
with respect to payments under this part for calendar quarters
beginning on or after Oct. 1, 2008, subsection (a)(20) of this
section is amended:
(1) in subparagraph (A), by striking “unless an election
provided for in subparagraph (B) is made with respect to the
State,” in introductory provisions; and
(2) by striking subparagraph (B) and redesignating subparagraph
(C) as subparagraph (B).

References in Text

Parts A, B, and D of this subchapter, referred to in subsecs.
(a)(2), (4), (8)-(10), (13), (17), (27) and (c), are classified to
sections 601 et seq., 620 et seq., and 651 et seq., respectively, of
this title.
Section 534(e)(3)(A) of title 28, referred to in subsec. (a)(20)(A),
was redesignated section 534(f)(3)(A) of title 28 by Pub. L. 109-248,
title I, Sec. 153(i), July 27, 2006, 120 Stat. 611.

Amendments

2006–Subsec. (a)(8). Pub. L. 109-171, Sec. 7401(c)(1), inserted
“subject to subsection (c),” after “(8)”.
Subsec. (a)(15)(C). Pub. L. 109-239, Sec. 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, Sec. 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, Sec. 10(c), inserted “,
including identifying appropriate in-State and out-of-State placements”
before “may”.
Subsec. (a)(20)(A). Pub. L. 109-248, Sec. 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

[[Page 1672]]

“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, Sec. 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, Sec. 152(a)(2), inserted “, on
or before September 30, 2005,” after “plan if” and “, on or before
such date,” after “or if”.
Subsec. (a)(20)(C). Pub. L. 109-248, Sec. 152(a)(1)(B), added
subpar. (C).
Subsec. (a)(25). Pub. L. 109-239, Sec. 3, added par. (25).
Subsec. (a)(26). Pub. L. 109-239, Sec. 4(a)(1), added par. (26).
Subsec. (a)(27). Pub. L. 109-432 added par. (27).
Subsec. (c). Pub. L. 109-171, Sec. 7401(c)(2), added subsec. (c).
1999–Subsec. (a)(8). Pub. L. 106-169, Sec. 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, Sec. 112(a), added par. (24).
1998–Subsec. (a)(23). Pub. L. 105-200 added par. (23).
1997–Subsec. (a)(15). Pub. L. 105-89, Sec. 101(a), amended par.
(15) generally. Prior to amendment, par. (15) read as follows:
“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;”.
Subsec. (a)(17). Pub. L. 105-33, Sec. 5591(b)(1), struck out “and”
at end.
Subsec. (a)(18). Pub. L. 105-33, Sec. 5591(b)(3), redesignated par.
(18), relating to preference to adult relatives, as (19).
Pub. L. 105-33, Sec. 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, Sec. 5591(b)(3), redesignated par.
(18), relating to preference to adult relatives, as (19).
Subsec. (a)(20). Pub. L. 105-89, Sec. 106, added par. (20).
Subsec. (a)(21). Pub. L. 105-89, Sec. 306, added par. (21).
Subsec. (a)(22). Pub. L. 105-89, Sec. 308, added par. (22).
1996–Subsec. (a)(17). Pub. L. 104-193, Sec. 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, Sec. 505(3), added par. (18)
relating to preference to adult relatives.
Pub. L. 104-188, Sec. 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, Sec. 5054(b)(2), added cl.
(E).
Subsec. (a)(9). Pub. L. 101-508, Sec. 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,
Sec. 2353(r), generally. See 1981 Amendment note below.
1981–Subsec. (a)(10). Pub. L. 97-35, Sec. 2353(r), as amended by
Pub. L. 97-248, Sec. 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 2006 Amendment

Pub. L. 109-432, div. B, title IV, Sec. 405(c)(1)(B)(iii), Dec. 20,
2006, 120 Stat. 2999, provided that: “The amendments made by this
subparagraph [amending this section and section 1320a-2a of this title]
shall take effect on the date that is 6 months after the date of the
enactment of this Act [Dec. 20, 2006].”
Pub. L. 109-248, title I, Sec. 152(c), July 27, 2006, 120 Stat. 609,
provided that:
“(1) General.–The amendments made by subsection (a) [amending this
section] shall take effect on October 1, 2006, and shall apply with
respect to payments under part E of title IV of the Social Security Act
[this part] for calendar quarters beginning on or after such date,
without regard to whether regulations to implement the amendments are
promulgated by such date.
“(2) Elimination of opt-out.–The amendments made by subsection (b)
[amending this section] shall take effect on October 1, 2008, and shall
apply with respect to payments under part E of title IV of the Social
Security Act for calendar quarters beginning on or after such date,
without regard to whether regulations to implement the amendments are
promulgated by such date.
“(3) Delay permitted if state legislation required.–If the
Secretary of Health and Human Services determines that State legislation
(other than legislation appropriating funds) is required in order for a
State plan under section 471 of the Social Security Act [this section]
to meet the additional requirements imposed by the amendments made by a
subsection of this section, the plan shall not be regarded as failing to
meet any of the additional requirements before the first day of the
first calendar quarter beginning after the first regular session of the
State legislature that begins after the otherwise applicable effective
date of the amendments. If the State has a 2-year legislative session,
each year of the session is deemed to be a separate regular session of
the State legislature.”
Amendment by Pub. L. 109-239 effective Oct. 1, 2006, except as
otherwise provided, and applicable to payments under this part and part
B of this subchapter for calendar quarters beginning on or after Oct. 1,
2006, without regard to whether regulations have been promulgated by
Oct. 1, 2006, and with delay permitted if State legislation is required,
see section 14 of Pub. L. 109-239, set out as a note under section 622
of this title.

[[Page 1673]]

Amendment by Pub. L. 109-171 effective as if enacted on Oct. 1,
2005, except as otherwise provided, see section 7701 of Pub. L. 109-171,
set out as a note under section 603 of this title.

Effective Date of 1999 Amendment

Pub. L. 106-169, title I, Sec. 112(b), Dec. 14, 1999, 113 Stat.
1829, provided that: “The amendments made by subsection (a) [amending
this section] shall take effect on October 1, 1999.”
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.

Effective Date of 1998 Amendment

Pub. L. 105-200, title III, Sec. 301(d), July 16, 1998, 112 Stat.
658, provided that: “The amendments made by this section [amending this
section and section 674 of this title] shall take effect as if included
in the enactment of section 202 of the Adoption and Safe Families Act of
1997 (Public Law 105-89; 111 Stat. 2125) [see Effective Date of 1997
Amendments note below].”

Effective Date of 1997 Amendments

Amendment by Pub. L. 105-89 effective Nov. 19, 1997, except as
otherwise provided, with delay permitted if State legislation is
required, see section 501 of Pub. L. 105-89, set out as a note under
section 622 of this title.
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.

Effective Date of 1996 Amendment

Amendment by section 108(d)(2) of Pub. L. 104-193 effective July 1,
1997, with transition rules relating to State options to accelerate such
date, rules relating to claims, actions, and proceedings commenced
before such date, rules relating to closing out of accounts for
terminated or substantially modified programs and continuance in office
of Assistant Secretary for Family Support, and provisions relating to
termination of entitlement under AFDC program, see section 116 of Pub.
L. 104-193, as amended, set out as an Effective Date note under section
601 of this title.

Effective Date of 1994 Amendment

Section 203(c)(2) of Pub. L. 103-432 provided that: “The amendment
made by subsection (b) [amending this section] shall take effect on
October 1, 1995.”

Effective Date of 1993 Amendment

Amendment by Pub. L. 103-66 effective with respect to calendar
quarters beginning on or after Oct. 1, 1993, see section 13711(c) of
Pub. L. 103-66, set out as a note under section 622 of this title.

Effective Date of 1990 Amendment

Section 5054(c) of Pub. L. 101-508 provided that: “The amendments
made by this section [amending this section and section 602 of this
title] shall apply with respect to benefits for months beginning on or
after the first day of the 6th calendar month following the month in
which this Act is enacted [November 1990].”

Effective Date of 1988 Amendment

Section 204 of title II of Pub. L. 100-485 provided that:
“(a) In General.–Except as provided in subsection (b), the
amendments made by this title [enacting sections 681 to 687 of this
title, amending this section, sections 602, 603, 607, 1308, 1396a, and
1396s of this title, and section 51 of Title 26, Internal Revenue Code,
repealing sections 609, 614, 630 to 632, and 633 to 645 of this title,
and enacting provisions set out as notes under section 681 of this
title] shall become effective on October 1, 1990.
“(b) Special Rules.–(1)(A) If any State makes the changes in its
State plan approved under section 402 of the Social Security Act
[section 602 of this title] that are required in order to carry out the
amendments made by this title and formally notifies the Secretary of
Health and Human Services of its desire to become subject to such
amendments as of the first day of any calendar quarter beginning on or
after the date on which the proposed regulations of the Secretary of
Health and Human Services are published under section 203(a) [42 U.S.C.
671 note] (or, if earlier, the date on which such regulations are
required to be published under such section) and before October 1, 1990,
such amendments shall become effective with respect to that State as of
such first day.
“(B) In the case of any State in which the amendments made by this
title become effective (in accordance with subparagraph (A)) with
respect to any quarter of a fiscal year beginning before October 1,
1990, the limitation applicable to the State for the fiscal year under
section 403(k)(2) of the Social Security Act [section 603(k)(2) of this
title] (as added by section 201(c)(1) of this Act) shall be an amount
that bears the same ratio to such limitation (as otherwise determined
with respect to the State for the fiscal year) as the number of quarters
in the fiscal year throughout which such amendments apply to the State
bears to 4.
“(2) Section 403(l)(3) of the Social Security Act [section
603(l)(3) of this title] (as added by section 201(c)(2) of this Act) is
repealed effective October 1, 1995 (except that subparagraph (A) of such
section 403(l)(3) shall remain in effect for purposes of applying any
reduction in payment rates required by such subparagraph for any of the
fiscal years specified therein); and section 403(l)(4) of such Act (as
so added) is repealed effective October 1, 1998.
“(3) Subsections (a), (c), and (d) of section 203 of this Act [42
U.S.C. 671 note, 681 notes], and section 486 of the Social Security Act
[section 686 of this title] (as added by section 201(b) of this Act),
shall become effective on the date of the enactment of this Act [Oct.
13, 1988].”

Effective Date of 1986 Amendment

Amendment by Pub. L. 99-514 applicable only with respect to
expenditures made after Dec. 31, 1986, see section 1711(d) of Pub. L.
99-514, set out as a note under section 670 of this title.

Effective Date of 1984 Amendment

Amendment by Pub. L. 98-378 effective Oct. 1, 1984, and applicable
to collections made on or after that date, see section 11(e) of Pub. L.
98-378, set out as a note under section 654 of this title.

Effective Date of 1982 Amendment

Amendment by Pub. L. 97-248 effective Oct. 1, 1981, see section
160(e) of Pub. L. 97-248, set out as a note under section 1301 of this
title.

Effective Date of 1981 Amendment

Amendment by Pub. L. 97-35 effective Oct. 1, 1981, except as
otherwise explicitly provided, see section 2354 of Pub. L. 97-35, set
out as an Effective Date note under section 1397 of this title.

Regulations

Section 203(a) of title II of Pub. L. 100-485 provided that: “Not
later than 6 months after the date of the enactment of this Act [Oct.
13, 1988], the Secretary of Health and Human Services (in this section
referred to as the `Secretary’) shall issue proposed regulations for the
purpose of implementing the amendments made by this title [see Effective
Date of 1988 Amendment note above], including regulations establishing
uniform data collection requirements. The Secretary shall publish final
regulations for such purpose not later than one year after the date of
the enactment of this Act. Regulations issued under this subsection
shall be developed by the Secretary in consultation with the Secretary
of

[[Page 1674]]

Labor and with the responsible State agencies described in section
482(a)(2) of the Social Security Act [section 682(a)(2) of this
title].”

Preservation of Reasonable Parenting

Section 401 of Pub. L. 105-89 provided that: “Nothing in this Act
[see Short Title of 1997 Amendment note set out under section 1305 of
this title] is intended to disrupt the family unnecessarily or to
intrude inappropriately into family life, to prohibit the use of
reasonable methods of parental discipline, or to prescribe a particular
method of parenting.”

Reporting Requirements

Section 402 of Pub. L. 105-89 provided that: “Any information
required to be reported under this Act [see Short Title of 1997
Amendment note set out under section 1305 of this title] shall be
supplied to the Secretary of Health and Human Services through data
meeting the requirements of the Adoption and Foster Care Analysis and
Reporting System established pursuant to section 479 of the Social
Security Act (42 U.S.C. 679), to the extent such data is available under
that system. The Secretary shall make such modifications to regulations
issued under section 479 of such Act with respect to the Adoption and
Foster Care Analysis and Reporting System as may be necessary to allow
States to obtain data that meets the requirements of such system in
order to satisfy the reporting requirements of this Act.”

Purchase of American-Made Equipment and Products

Section 406 of Pub. L. 105-89 provided that:
“(a) In General.–It is the sense of the Congress that, to the
greatest extent practicable, all equipment and products purchased with
funds made available under this Act [see Short Title of 1997 Amendment
note set out under section 1305 of this title] should be American-made.
“(b) Notice Requirement.–In providing financial assistance to, or
entering into any contract with, any entity using funds made available
under this Act, the head of each Federal agency, to the greatest extent
practicable, shall provide to such entity a notice describing the
statement made in subsection (a) by the Congress.”

About yvonnemason

Background:  The eldest of five children, Yvonne was born May 17, 1951 in Atlanta, Georgia. Raised in East Point, Georgia, she moved to Jackson County, Ga. until 2006 then moved to Port St. Lucie, Florida where she currently makes her home.  Licensed bounty hunter for the state of Georgia. Education:  After a 34 year absence, returned to college in 2004. Graduated with honors in Criminal Justice with an Associate’s degree from Lanier Technical College in 2006. Awards:  Nominated for the prestigious GOAL award in 2005 which encompasses all of the technical colleges. This award is based not only on excellence in academics but also leadership, positive attitude and the willingness to excel in one’s major. Affiliations:  Beta Sigma Phi Sorority  Member of The Florida Writer’s Association – Group Leader for St Lucie County The Dream:  Since learning to write at the age of five, Yvonne has wanted to be an author. She wrote her first novel Stan’s Story beginning in 1974 and completed it in 2006. Publication seemed impossible as rejections grew to 10 years. Determined, she continued adding to the story until her dream came true in 2006. The Inspiration:  Yvonne’s brother Stan has been her inspiration and hero in every facet of her life. He was stricken with Encephalitis at the tender age of nine months. He has defied every roadblock placed in his way and has been the driving force in every one of her accomplishments. He is the one who taught her never to give up The Author: Yvonne is currently the author of several novels, including:  Stan’s Story- the true story of her brother’s accomplishments, it has been compared to the style of Capote, and is currently being rewritten with new information for re-release.  Tangled Minds - a riveting story about a young girl’s bad decision and how it taints everyone’s life around her yet still manages to show that hope is always possible. This novel has been compared to the writing of Steinbeck and is currently being written as a screenplay. This novel will be re-released by Kerlak Publishing in 2009  Brilliant Insanity – released by Kerlak Publishing October 2008  Silent Scream – Released by Lulu.com October 2008- Slated to be made into a movie Yvonne’s Philosophy in Life - “Pay it Forward”: “In this life we all have been helped by others to attain our dreams and goals. We cannot pay it back but what we can do is ‘pay it forward’. It is a simple
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