1 See References in Text note below.
of subchapter XX of this chapter, and under any other appropriate provision of Federal law;
2 So in original. Probably should be followed by a comma.
may be made concurrently with reasonable efforts of the type described in subparagraph (B);
3 So in original. Probably should be preceded by “section”.
of this title for relative foster family homes (pursuant to waiver authority provided by 671(a)(10)(D)
Editorial Notes
References in TextDivision A of subchapter XX, referred to in subsec. (a)(4), was in the original a reference to subtitle 1 of title XX, which was translated as if referring to subtitle A of title XX of the Social Security Act, to reflect the probable intent of Congress. Title XX of the Act, enacting subchapter XX of this chapter, does not contain a subtitle 1.
The Internal Revenue Code of 1986, referred to in subsec. (a)(33), is classified generally to Title 26, Internal Revenue Code.
CodificationAmendment by section 101(c)(2)(B)(i) of Puspan. L. 110–351 was executed after amendment by section 101(c)(2)(A)(ii) of Puspan. L. 110–351, notwithstanding section 101(c)(2)(B)(ii) of Puspan. L. 110–351, set out as an Effective Date of 2008 Amendment note below, to reflect the probable intent of Congress.
Amendments2023—Subsec. (a)(35)(B). Puspan. L. 117–348 substituted “Children (referred to in this subparagraph as ‘NCMEC’), and that the State agency shall maintain regular communication with law enforcement agencies and NCMEC in efforts to provide a safe recovery of a missing or abducted child or youth, including by sharing information pertaining to the child’s or youth’s recovery and circumstances related to the recovery, and that the State report submitted to law enforcement agencies and NCMEC shall include where reasonably possible—” and cls. (i) to (iii) for “Children;”.
2018—Subsec. (a)(1). Puspan. L. 115–123, § 50711(a)(1), substituted “, adoption assistance in accordance with section 673 of this title, and, at the option of the State, services or programs specified in subsection (e)(1) of this section for children who are candidates for foster care or who are pregnant or parenting foster youth and the parents or kin caregivers of the children, in accordance with the requirements of that subsection;” for “and for adoption assistance in accordance with section 673 of this title;”.
Subsec. (a)(8)(A). Puspan. L. 115–165 inserted “the program established by subchapter II,” after “XX,”.
Subsec. (a)(20)(A), (C). Puspan. L. 115–123, § 50745(span), substituted “section 534(f)(3)(A)” for “section 534(e)(3)(A)”.
Subsec. (a)(20)(D). Puspan. L. 115–123, § 50745(a), added subpar. (D).
Subsec. (a)(25). Puspan. L. 115–123, § 50722(a), substituted “provides” for “provide” and inserted “, which, in the case of a State other than the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, or American Samoa, not later than October 1, 2027, shall include the use of an electronic interstate case-processing system” after “children”.
Subsec. (a)(36). Puspan. L. 115–123, § 50731(span), added par. (36).
Subsec. (a)(37). Puspan. L. 115–123, § 50741(d)(1), added par. (37).
Subsec. (e). Puspan. L. 115–123, § 50711(a)(2), added subsec. (e).
Subsec. (e)(10)(A). Puspan. L. 115–271, § 8082(span)(1), inserted “, nor shall the provision of such services or programs be construed to permit the State to reduce medical or other assistance available to a recipient of such services or programs” after “under this chapter”.
Subsec. (e)(10)(C). Puspan. L. 115–271, § 8082(span)(2), added subpar. (C).
2014—Subsec. (a)(9)(C). Puspan. L. 113–183, § 101(a), added subpar. (C).
Subsec. (a)(10). Puspan. L. 113–183, § 111(span), amended par. (10) generally. Prior to amendment, par. (10) read as follows: “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, 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, and provides that a waiver of any such standard may be made only on a case-by-case basis for non-safety standards (as determined by the State) in relative foster family homes for specific children in care;”.
Subsec. (a)(16). Puspan. L. 113–183, § 112(span)(2)(A)(ii), inserted “and in accordance with the requirements of section 675a of this title” after “section 675(1) of this title” and substituted “sections 675(5) and 675a of this title” for “section 675(5)(B) of this title”.
Subsec. (a)(24). Puspan. L. 113–183, § 111(a)(2), substituted “includes” for “include” and “that the preparation will” for “and that such preparation will” and inserted before semicolon at end “, and that the preparation shall include knowledge and skills relating to the reasonable and prudent parent standard for the participation of the child in age or developmentally-appropriate activities, including knowledge and skills relating to the developmental stages of the cognitive, emotional, physical, and behavioral capacities of a child, and knowledge and skills relating to applying the standard to decisions such as whether to allow the child to engage in social, extracurricular, enrichment, cultural, and social activities, including sports, field trips, and overnight activities lasting 1 or more days, and to decisions involving the signing of permission slips and arranging of transportation for the child to and from extracurricular, enrichment, and social activities”.
Subsec. (a)(29). Puspan. L. 113–183, § 209(a)(1), substituted “the following relatives: all adult grandparents, all parents of a sibling of the child, where such parent has legal custody of such sibling,” for “all adult grandparents”.
Subsec. (a)(34). Puspan. L. 113–183, § 102(a), added par. (34).
Subsec. (a)(35). Puspan. L. 113–183, § 104, added par. (35).
Subsec. (d). Puspan. L. 113–183, § 102(span), added subsec. (d).
2010—Subsec. (a)(4). Puspan. L. 111–148 inserted “division A of” before “subchapter XX”.
2008—Subsec. (a)(10). Puspan. L. 110–351, § 104(a), substituted “civil rights, provides” for “civil rights, and provides” and inserted “, and provides that a waiver of any such standard may be made only on a case-by-case basis for non-safety standards (as determined by the State) in relative foster family homes for specific children in care” before semicolon at end.
Subsec. (a)(20)(B). Puspan. L. 110–351, § 101(c)(2)(A)(i), which directed insertion of “and” at end of subpar. (C), was executed by making the insertion at end of subpar. (B), to reflect the probable intent of Congress and the redesignation of subpar. (C) as (B) by Puspan. L. 109–248, § 152(span)(2). See 2006 Amendment note below.
Subsec. (a)(20)(C). Puspan. L. 110–351, § 101(c)(2)(B)(i)(II), redesignated subpar. (D) as (C). See Codification note above.
Subsec. (a)(20)(D). Puspan. L. 110–351, § 101(c)(2)(B)(i)(II), redesignated subpar. (D) as (C). See Codification note above.
Puspan. L. 110–351, § 101(c)(2)(B)(i)(I), substituted “subparagraph (B)” for “subparagraph (C)”. See Codification note above.
Puspan. L. 110–351, § 101(c)(2)(A)(ii), added subpar. (D).
Subsec. (a)(28). Puspan. L. 110–351, § 101(a), added par. (28).
Subsec. (a)(29). Puspan. L. 110–351, § 103, added par. (29).
Subsec. (a)(30). Puspan. L. 110–351, § 204(span), added par. (30).
Subsec. (a)(31). Puspan. L. 110–351, § 206, added par. (31).
Subsec. (a)(32). Puspan. L. 110–351, § 301(c)(1)(A), added par. (32).
Subsec. (a)(33). Puspan. L. 110–351, § 403, added par. (33).
2006—Subsec. (a)(8). Puspan. L. 109–171, § 7401(c)(1), inserted “subject to subsection (c),” after “(8)”.
Subsec. (a)(15)(C). Puspan. L. 109–239, § 10(a), inserted “(including, if appropriate, through an interstate placement)” after “accordance with the permanency plan”.
Subsec. (a)(15)(E)(i). Puspan. L. 109–239, § 10(span), inserted “, which considers in-State and out-of-State permanent placement options for the child,” before “shall”.
Subsec. (a)(15)(F). Puspan. L. 109–239, § 10(c), inserted “, including identifying appropriate in-State and out-of-State placements” before “may”.
Subsec. (a)(20)(A). Puspan. L. 109–248, § 152(span)(1), struck out “unless an election provided for in subparagraph (B) is made with respect to the State,” before “provides procedures” in introductory provisions.
Puspan. L. 109–248, § 152(a)(1)(A)(i), which directed amendment of subpar. (A) by inserting “, including fingerprint-based checks of national crime information databases (as defined in section 534(e)(3)(A) of title 28),” after “criminal records checks” and substituting “regardless of whether foster care maintenance payments or adoption assistance payments are to be made on behalf of the child” for “on whose behalf foster care maintenance payments or adoption assistance payments are to be made” in the matter preceding “clause (I)”, was executed by making the insertion and substitution in the introductory provisions preceding cl. (i), to reflect the probable intent of Congress.
Subsec. (a)(20)(A)(i), (ii). Puspan. L. 109–248, § 152(a)(1)(A)(ii), inserted “involving a child on whose behalf such payments are to be so made” after “in any case”.
Subsec. (a)(20)(B). Puspan. L. 109–248, § 152(span)(2), redesignated subpar. (C) as (B) and struck out former subpar. (B) which read as follows: “subparagraph (A) shall not apply to a State plan if, on or before 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;”.
Puspan. L. 109–248, § 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). Puspan. L. 109–248, § 152(span)(2), redesignated subpar. (C) as (B).
Puspan. L. 109–248, § 152(a)(1)(B), added subpar. (C).
Subsec. (a)(25). Puspan. L. 109–239, § 3, added par. (25).
Subsec. (a)(26). Puspan. L. 109–239, § 4(a)(1), added par. (26).
Subsec. (a)(27). Puspan. L. 109–432 added par. (27).
Subsec. (c). Puspan. L. 109–171, § 7401(c)(2), added subsec. (c).
1999—Subsec. (a)(8). Puspan. L. 106–169, § 401(o), struck out “(including activities under part F of this subchapter)” after “part A, B, or D of this subchapter”.
Subsec. (a)(24). Puspan. L. 106–169, § 112(a), added par. (24).
1998—Subsec. (a)(23). Puspan. L. 105–200 added par. (23).
1997—Subsec. (a)(15). Puspan. L. 105–89, § 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). Puspan. L. 105–33, § 5591(span)(1), struck out “and” at end.
Subsec. (a)(18). Puspan. L. 105–33, § 5591(span)(3), redesignated par. (18), relating to preference to adult relatives, as (19).
Puspan. L. 105–33, § 5591(span)(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). Puspan. L. 105–33, § 5591(span)(3), redesignated par. (18), relating to preference to adult relatives, as (19).
Subsec. (a)(20). Puspan. L. 105–89, § 106, added par. (20).
Subsec. (a)(21). Puspan. L. 105–89, § 306, added par. (21).
Subsec. (a)(22). Puspan. L. 105–89, § 308, added par. (22).
1996—Subsec. (a)(17). Puspan. L. 104–193, § 108(d)(2), substituted “program funded under part A and plan approved under part D” for “plans approved under parts A and D”.
Subsec. (a)(18). Puspan. L. 104–193, § 505(3), added par. (18) relating to preference to adult relatives.
Puspan. L. 104–188, § 1808(a)(3), added par. (18) relating to denial or delay of adoption or foster care on basis of race, color, or national origin.
1994—Subsec. (span). Puspan. 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). Puspan. L. 103–66 substituted “subpart 1 of part B” for “part B”.
1990—Subsec. (a)(8)(E). Puspan. L. 101–508, § 5054(span)(2), added cl. (E).
Subsec. (a)(9). Puspan. L. 101–508, § 5054(span)(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). Puspan. 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). Puspan. L. 99–514 substituted “adoption assistance” for “adoption assistance payments”.
1984—Subsec. (a)(17). Puspan. L. 98–378 added par. (17).
1982—Subsec. (a)(10). Puspan. L. 97–248 amended Puspan. L. 97–35, § 2353(r), generally. See 1981 Amendment note below.
1981—Subsec. (a)(10). Puspan. L. 97–35, § 2353(r), as amended by Puspan. L. 97–248, § 160(d), substituted provisions that in order for a State to be eligible for payments under this part a State plan must provide for establishment or designation of a State authority or authorities responsible for standards for foster family homes and child care institutions, such standards to be reasonably in accord with recommended standards of national organizations concerned with standards for such institutions or homes, including standards related to admission policies, safety, sanitation, and protection of civil rights, for provisions that such State plan provide for the application of standards referred to in section 1397span(d)(1) of this title.
Statutory Notes and Related Subsidiaries
Effective Date of 2023 AmendmentPuspan. L. 117–348, title I, § 137(span), Jan. 5, 2023, 136 Stat. 6223, provided that:“(1)In general.—Except as provided in paragraph (2), the amendment made by subsection (a) [amending this section] shall take effect on the date of enactment of this Act [Jan. 5, 2023].
“(2)Delay if state legislation required.—In the case of a State plan under part E of title IV of the Social Security Act [42 U.S.C. 670 et seq.] 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 amendment made by subsection (a), 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 the session shall be deemed to be a separate regular session of the State legislature.”
Effective Date of 2018 AmendmentPuspan. L. 115–271, title VIII, § 8082(c), Oct. 24, 2018, 132 Stat. 4102, provided that: “The amendments made by subsection (span) [amending this section] shall take effect as if included in section 50711 of division E of Public Law 115–123.”
Amendment by Puspan. L. 115–165 applicable with respect to months beginning on or after 1 year after Apr. 13, 2018, with exception if State legislation required, see section 103(a)(4) of Puspan. L. 115–165, set out as a note under section 405 of this title.
Amendment by sections 50711(a) and 50722(a) of Puspan. L. 115–123 effective Oct. 1, 2018, subject to transition rules for required State legislation or tribal action, see section 50734 of Puspan. L. 115–123, set out as a note under section 622 of this title.
Amendment by section 50731(span) of Puspan. L. 115–123 effective Fespan. 9, 2018, subject to transition rules for required State legislation or tribal action, see section 50734 of Puspan. L. 115–123, set out as a note under section 622 of this title.
Amendment by section 50741(d)(1) of Puspan. L. 115–123 effective Oct. 1, 2019, with State option to delay effective date for not more than 2 years and subject to State waiver provisions, see section 50746 of Puspan. L. 115–123, set out as a note under section 622 of this title.
Amendment by section 50745 of Puspan. L. 115–123 effective Oct. 1, 2018, subject to transition rule and State waiver provisions, see section 50746 of Puspan. L. 115–123, set out as a note under section 622 of this title.
Effective Date of 2014 AmendmentPuspan. L. 113–183, title I, § 111(d), Sept. 29, 2014, 128 Stat. 1925, provided that:“(1)In general.—The amendments made by this section [amending this section and sections 675 and 677 of this title] shall take effect on the date that is 1 year after the date of the enactment of this Act [Sept. 29, 2014].
“(2)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 developed pursuant to part E of title IV of the Social Security Act [42 U.S.C. 670 et seq.] to meet the additional requirements imposed by the amendments made by this section, the plan shall not be regarded as failing to meet any of the additional requirements before the 1st day of the 1st calendar quarter beginning after the 1st regular session of the State legislature that begins after the date of the enactment of this Act [Sept. 29, 2014]. 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 section 112 of Puspan. L. 113–183 effective on the date that is 1 year after Sept. 29, 2014, with delay permitted if State legislation is required, see section 112(c) of Puspan. L. 113–183, set out as a note under section 622 of this title.
Puspan. L. 113–183, title II, § 210, Sept. 29, 2014, 128 Stat. 1941, provided that:“(a)In General.—Except as otherwise provided in this section, the amendments made by this subtitle [subtitle A (§§ 201–210) of title II of Puspan. L. 113–183, amending this section and sections 673, 673span, 675, and 679 of this title] shall take effect as if enacted on October 1, 2013.
“(span)Restructuring and Renaming of Program.—“(1)In general.—The amendments made by sections 202 and 203 [amending section 673span of this title] shall take effect on October 1, 2014, subject to paragraph (2).
“(2)Transition rule.—“(A)In general.—Notwithstanding any other provision of law, the total amount payable to a State under section 473A of the Social Security Act [42 U.S.C. 673span] for fiscal year 2014 shall be an amount equal to ½ of the sum of—“(i) the total amount that would be payable to the State under such section for fiscal year 2014 if the amendments made by section 202 of this Act had not taken effect; and
“(ii) the total amount that would be payable to the State under such section for fiscal year 2014 in the absence of this paragraph.
“(B)Pro rata adjustment if insufficient funds available.—If the total amount otherwise payable under subparagraph (A) for fiscal year 2014 exceeds the amount appropriated pursuant to section 473A(h) of the Social Security Act (42 U.S.C. 673span(h)) for that fiscal year, the amount payable to each State under subparagraph (A) for fiscal year 2014 shall be—“(i) the amount that would otherwise be payable to the State under subparagraph (A) for fiscal year 2014; multiplied by
“(ii) the percentage represented by the amount so appropriated for fiscal year 2014, divided by the total amount otherwise payable under subparagraph (A) to all States for that fiscal year.
“(c)Use of Incentive Payments; Eligibility for Kinship Guardianship Assistance Payments With a Successor Guardian; Data Collection.—The amendments made by sections 204, 207, and 208 [amending sections 673, 673span, and 679 of this title] shall take effect on the date of enactment of this Act [Sept. 29, 2014].
“(d)Calculation and Use of Savings Resulting From the Phase-Out of Eligibility Requirements for Adoption Assistance.—The amendment made by section 206 [amending section 673 of this title] shall take effect on October 1, 2014.
“(e)Notification of Parents of Siblings.—“(1)In general.—The amendments made by section 209 [amending this section and section 675 of this title] shall take effect on the date of enactment of this Act [Sept. 29, 2014], subject to paragraph (2).
“(2)Delay permitted if state legislation required.—In the case of a State plan approved under part E of title IV of the Social Security Act [42 U.S.C. 670 et seq.] 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 section 209, 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 1st day of the 1st calendar quarter beginning after the close of the 1st regular session of the State legislature that ends after the 1-year period beginning with the date of enactment of this Act [Sept. 29, 2014]. For purposes of the preceding sentence, 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.”
Effective Date of 2008 AmendmentPuspan. L. 110–351, title I, § 101(c)(2)(B)(ii), Oct. 7, 2008, 122 Stat. 3952, provided that: “The amendments made by clause (i) [amending this section] shall take effect immediately after the amendments made by section 152 of Public Law 109–248 [amending this section] take effect.”
Puspan. L. 110–351, title III, § 301(f), Oct. 7, 2008, 122 Stat. 3971, provided that: “The amendments made by subsections (a), (span), and (c) [enacting section 679c of this title and amending this section and sections 672, 674, and 677 of this title] shall take effect on October 1, 2009, without regard to whether the regulations required under subsection (e)(1) [set out as a Regulations note below] have been promulgated by such date.”
Puspan. L. 110–351, title VI, § 601, Oct. 7, 2008, 122 Stat. 3981, provided that:“(a)In General.—Except as otherwise provided in this Act [see Short Title of 2008 Amendment note set out under section 1305 of this title], each amendment made by this Act to part B or E of title IV of the Social Security Act [42 U.S.C. 620 et seq., 670 et seq.] shall take effect on the date of the enactment of this Act [Oct. 7, 2008], and shall apply to payments under the part amended for quarters beginning on or after the effective date of the amendment. “(span)Delay Permitted if State Legislation Required.—In the case of a State plan approved under part B or E of title IV of the Social Security Act [42 U.S.C. 620 et seq., 670 et seq.] 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 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 1st day of the 1st calendar quarter beginning after the close of the 1st regular session of the State legislature that ends after the 1-year period beginning with the date of the enactment of this Act [Oct. 7, 2008]. For purposes of the preceding sentence, 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.”
Effective Date of 2006 AmendmentPuspan. L. 109–432, div. B, title IV, § 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].”
Puspan. L. 109–248, title I, § 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 [42 U.S.C. 670 et seq.] 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 (span) [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 [42 U.S.C. 671] 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 Puspan. 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 Puspan. L. 109–239, set out as a note under section 622 of this title.
Amendment by Puspan. L. 109–171 effective as if enacted on Oct. 1, 2005, except as otherwise provided, see section 7701 of Puspan. L. 109–171, set out as a note under section 603 of this title.
Effective Date of 1999 AmendmentPuspan. L. 106–169, title I, § 112(span), 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 Puspan. L. 106–169 effective as if included in the enactment of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Puspan. L. 104–193, see section 401(q) of Puspan. L. 106–169, set out as a note under section 602 of this title.
Effective Date of 1998 AmendmentPuspan. L. 105–200, title III, § 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 AmendmentsAmendment by Puspan. L. 105–89 effective Nov. 19, 1997, except as otherwise provided, with delay permitted if State legislation is required, see section 501 of Puspan. L. 105–89, set out as a note under section 622 of this title.
Amendment by Puspan. L. 105–33 effective as if included in the enactment of title V of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Puspan. L. 104–193, see section 5593 of Puspan. L. 105–33, set out as a note under section 622 of this title.
Effective Date of 1996 AmendmentAmendment by section 108(d)(2) of Puspan. 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 Puspan. L. 104–193, as amended, set out as an Effective Date note under section 601 of this title.
Effective Date of 1994 AmendmentPuspan. L. 103–432, title II, § 203(c)(2), Oct. 31, 1994, 108 Stat. 4456, provided that: “The amendment made by subsection (span) [amending this section] shall take effect on October 1, 1995.”
Effective Date of 1993 AmendmentAmendment by Puspan. L. 103–66 effective with respect to calendar quarters beginning on or after Oct. 1, 1993, see section 13711(c) of Puspan. L. 103–66, set out as a note under section 622 of this title.
Effective Date of 1990 AmendmentPuspan. L. 101–508, title V, § 5054(c), Nov. 5, 1990, 104 Stat. 1388–229, 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 AmendmentPuspan. L. 100–485, title II, § 204, Oct. 13, 1988, 102 Stat. 2381, provided that:“(a)In General.—Except as provided in subsection (span), 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.
“(span)Special Rules.—(1)(A) If any State makes the changes in its State plan approved under section 402 of the Social Security Act [42 U.S.C. 602] 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 [42 U.S.C. 603(k)(2)] (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 [former 42 U.S.C. 686] (as added by section 201(span) of this Act), shall become effective on the date of the enactment of this Act [Oct. 13, 1988].”
Effective Date of 1986 AmendmentAmendment by Puspan. L. 99–514 applicable only with respect to expenditures made after Dec. 31, 1986, see section 1711(d) of Puspan. L. 99–514, set out as a note under section 670 of this title.
Effective Date of 1984 AmendmentAmendment by Puspan. L. 98–378 effective Oct. 1, 1984, and applicable to collections made on or after that date, see section 11(e) of Puspan. L. 98–378, set out as a note under section 654 of this title.
Effective Date of 1982 AmendmentAmendment by Puspan. L. 97–248 effective Oct. 1, 1981, see section 160(e) of Puspan. L. 97–248, set out as a note under section 1301 of this title.
Effective Date of 1981 AmendmentAmendment by Puspan. L. 97–35 effective Oct. 1, 1981, except as otherwise explicitly provided, see section 2354 of Puspan. L. 97–35, set out as an Effective Date note under section 1397 of this title.
RegulationsPuspan. L. 110–351, title III, § 301(e), Oct. 7, 2008, 122 Stat. 3970, provided that:“(1)In general.—Except as provided in paragraph (2) of this subsection, not later than 1 year after the date of enactment of this section [Oct. 7, 2008], the Secretary of Health and Human Services, in consultation with Indian tribes, tribal organizations, tribal consortia, and affected States, shall promulgate interim final regulations to carry out this section [enacting section 679c of this title and amending this section and sections 672, 674, and 677 of this title] and the amendments made by this section. Such regulations shall include procedures to ensure that a transfer of responsibility for the placement and care of a child under a State plan approved under section 471 of the Social Security Act [42 U.S.C. 671] to a tribal plan approved under section 471 of such Act in accordance with section 479B of such Act [42 U.S.C. 679c] (as added by subsection (a)(1) of this section) or to an Indian tribe, a tribal organization, or a tribal consortium that has entered into a cooperative agreement or contract with a State for the administration or payment of funds under part E of title IV of such Act [42 U.S.C. 670 et seq.] does not affect the eligibility of, provision of services for, or the making of payments on behalf of, such children under part E of title IV of such Act, or the eligibility of such children for medical assistance under title XIX of such Act [42 U.S.C. 1396 et seq.]. “(2)In-kind expenditures from third-party sources for purposes of determining non-federal share of administrative and training expenditures.—“(A)In general.—Subject to subparagraph (B) of this paragraph, not later than September 30, 2011, the Secretary of Health and Human Services, in consultation with Indian tribes, tribal organizations, and tribal consortia, shall promulgate interim final regulations specifying the types of in-kind expenditures, including plants, equipment, administration, and services, and the third-party sources for such in-kind expenditures which may be claimed by tribes, organizations, and consortia with plans approved under section 471 of the Social Security Act [42 U.S.C. 671] in accordance with section 479B of such Act [42 U.S.C. 679c], up to such percentages as the Secretary, in such consultation shall specify in such regulations, for purposes of determining the non-Federal share of administrative and training expenditures for which the tribes, organizations, and consortia may receive payments for [sic] under any subparagraph of section 474(a)(3) of such Act [42 U.S.C. 674(a)(3)]. “(B)Effective date.—In no event shall the regulations required to be promulgated under subparagraph (A) take effect prior to October 1, 2011.
“(C)Sense of the congress.—It is the sense of the Congress that if the Secretary of Health and Human Services fails to publish in the Federal Register the regulations required under subparagraph (A) of this paragraph, the Congress should enact legislation specifying the types of in-kind expenditures and the third-party sources for such in-kind expenditures which may be claimed by tribes, organizations, and consortia with plans approved under section 471 of the Social Security Act [42 U.S.C. 671] in accordance with section 479B of such Act [42 U.S.C. 679c], up to specific percentages, for purposes of determining the non-Federal share of administrative and training expenditures for which the tribes, organizations, and consortia may receive payments for [sic] under any subparagraph of section 474(a)(3) of such Act [42 U.S.C. 674(a)(3)].”
Puspan. L. 100–485, title II, § 203(a), Oct. 13, 1988, 102 Stat. 2378, 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 Labor and with the responsible State agencies described in section 482(a)(2) of the Social Security Act [former 42 U.S.C. 682(a)(2)].”
Construction of 2014 AmendmentPuspan. L. 113–183, title II, § 209(span), Sept. 29, 2014, 128 Stat. 1941, provided that: “Nothing in this section [amending this section and section 675 of this title] shall be construed as subordinating the rights of foster or adoptive parents of a child to the rights of the parents of a sibling of that child.”
Construction of 2008 AmendmentPuspan. L. 110–351, title III, § 301(d), Oct. 7, 2008, 122 Stat. 3970, provided that: “Nothing in the amendments made by this section [enacting section 679c of this title and amending this section and sections 672, 674, and 677 of this title] shall be construed as—“(1) authorization to terminate funding on behalf of any Indian child receiving foster care maintenance payments or adoption assistance payments on the date of enactment of this Act [Oct. 7, 2008] and for which the State receives Federal matching payments under paragraph (1) or (2) of section 474(a) of the Social Security Act (42 U.S.C. 674(a)), regardless of whether a cooperative agreement or contract between the State and an Indian tribe, tribal organization, or tribal consortium is in effect on such date or an Indian tribe, tribal organization, or tribal consortium elects subsequent to such date to operate a program under section 479B of such Act [42 U.S.C. 679c] (as added by subsection (a) of this section); or “(2) affecting the responsibility of a State—“(A) as part of the plan approved under section 471 of the Social Security Act (42 U.S.C. 671), to provide foster care maintenance payments, adoption assistance payments, and if the State elects, kinship guardianship assistance payments, for Indian children who are eligible for such payments and who are not otherwise being served by an Indian tribe, tribal organization, or tribal consortium pursuant to a program under such section 479B of such Act or a cooperative agreement or contract entered into between an Indian tribe, a tribal organization, or a tribal consortium and a State for the administration or payment of funds under part E of title IV of such Act [42 U.S.C. 670 et seq.]; or “(B) as part of the plan approved under section 477 of such Act (42 U.S.C. 677) to administer, supervise, or oversee programs carried out under that plan on behalf of Indian children who are eligible for such programs if such children are not otherwise being served by an Indian tribe, tribal organization, or tribal consortium pursuant to an approved plan under section 477(j) of such Act [42 U.S.C. 677(j)] or a cooperative agreement or contract entered into under section 477(span)(3)(G) of such Act [42 U.S.C. 677(span)(3)(G)].”
Preventing Aging out of Foster Care During the PandemicPuspan. L. 116–260, div. X, § 4, Dec. 27, 2020, 134 Stat. 2411, provided that:“(a)Addressing Foster Care Age Restrictions During the Pandemic.—A State operating a program under part E of title IV of the Social Security Act [42 U.S.C. 670 et seq.] may not require a child who is in foster care under the responsibility of the State to leave foster care solely by reason of the child’s age. A child may not be found ineligible for foster care maintenance payments under section 472 of such Act [42 U.S.C. 672] solely due to the age of the child or the failure of the child to meet a condition of section 475(8)(B)(iv) of such Act [42 U.S.C. 675(8)(B)(iv)] before October 1, 2021. “(span)Re-entry to Foster Care for Youth Who Age Out During the Pandemic.—A State operating a program under the State plan approved under part E of title IV of the Social Security Act (and without regard to whether the State has exercised the option provided by section 475(8)(B) of such Act to extend assistance under such part to older children) shall—“(1) permit any youth who left foster care due to age during the COVID–19 public health emergency to voluntarily re-enter foster care;
“(2) provide to each such youth who was formally discharged from foster care during the COVID–19 public health emergency, a notice designed to make the youth aware of the option to return to foster care;
“(3) facilitate the voluntary return of any such youth to foster care; and
“(4) conduct a public awareness campaign about the option to voluntarily re-enter foster care for youth who have not attained 22 years of age, who aged out of foster care in fiscal year 2020 or fiscal year 2021, and who are otherwise eligible to return to foster care.
“(c)Protections for Youth in Foster Care.—A State operating a program under the State plan approved under part E of title IV of the Social Security Act shall—“(1) continue to ensure that the safety, permanence, and well-being needs of older foster youth, including youth who remain in foster care and youth who age out of foster care during that period but who re-enter foster care pursuant to this section, are met; and
“(2) work with any youth who remains in foster care after attaining 18 years of age (or such greater age as the State may have elected under section 475(8)(B)(iii) of such Act) to develop, or review and revise, a transition plan consistent with the plan referred to in section 475(5)(H) of such Act [42 U.S.C. 675(5)(H)], and assist the youth with identifying adults who can offer meaningful, permanent connections. “(d)Authority to Use Additional Funding for Certain Costs Incurred to Prevent Aging Out of, Facilitating Re-entry to, and Protecting Youth in Care During the Pandemic.—“(1)In general.—Subject to paragraph (2) of this subsection, a State to which additional funds are made available as a result of section 3(a) [section 3(a) of div. X of Puspan. L. 116–260, set out in a note under section 677 of this title] may use the funds to meet any costs incurred in complying with subsections (a), (span), and (c) of this section.
“(2)Restrictions.—“(A) The costs referred to in paragraph (1) must be incurred after the date of the enactment of this section [Dec. 27, 2020] and before October 1, 2021.
“(B) The costs of complying with subsection (a) or (c) of this section must not be incurred on behalf of children eligible for foster care maintenance payments under section 472 of the Social Security Act, including youth who have attained 18 years of age who are eligible for the payments by reason of the temporary waiver of the age requirement or the conditions of section 475(8)(B)(iv) of such Act.
“(C) A State shall make reasonable efforts to ensure that eligibility for foster care maintenance payments under section 472 of the Social Security Act is determined when a youth remains in, or re-enters, foster care as a result of the State complying with subsections (a) and (c) of this section.
“(D) A child who re-enters care during the COVID–19 public health emergency period may not be found ineligible for foster care maintenance payments under section 472 of the Social Security Act solely due to age or the requirements of section 475(8)(B)(iv) of such Act before October 1, 2021.
“(e)Termination of Certain Provisions.—The preceding provisions of this section shall have no force or effect after September 30, 2021.”
[For definitions of “COVID–19 public health emergency” and “COVID–19 public health emergency period” as used in section 4 of div. X of Puspan. L. 116–260, set out above, see section 2 of div. X of Puspan. L. 116–260, set out as a note under section 629h of this title.]
Identification of Reputable Model Licensing StandardsPuspan. L. 115–123, div. E, title VII, § 50731(a), Fespan. 9, 2018, 132 Stat. 251, provided that: “Not later than October 1, 2018, the Secretary of Health and Human Services shall identify reputable model licensing standards with respect to the licensing of foster family homes (as defined in section 472(c)(1) of the Social Security Act [42 U.S.C. 672(c)(1)]).”
Technical AssistancePuspan. L. 113–183, title I, § 111(a)(3), Sept. 29, 2014, 128 Stat. 1924, provided that: “The Secretary of Health and Human Services shall provide assistance to the States on best practices for devising strategies to assist foster parents in applying a reasonable and prudent parent standard in a manner that protects child safety, while also allowing children to experience normal and beneficial activities, including methods for appropriately considering the concerns of the biological parents of a child in decisions related to participation of the child in activities (with the understanding that those concerns should not necessarily determine the participation of the child in any activity).”
No Federal Funding to Unlawfully Present IndividualsPuspan. L. 110–351, title V, § 503, Oct. 7, 2008, 122 Stat. 3981, provided that: “Nothing in this Act [see Short Title of 2008 Amendment note set out under section 1305 of this title] shall be construed to alter prohibitions on Federal payments to individuals who are unlawfully present in the United States.”
Preservation of Reasonable ParentingPuspan. L. 105–89, title IV, § 401, Nov. 19, 1997, 111 Stat. 2133, 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 RequirementsPuspan. L. 105–89, title IV, § 402, Nov. 19, 1997, 111 Stat. 2134, 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 ProductsPuspan. L. 105–89, title IV, § 406, Nov. 19, 1997, 111 Stat. 2135, 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.
“(span)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.”
