42 USC 672 - Foster care maintenance payments program

1 See References in Text note below.

of subchapter XX, any child with respect to whom foster care maintenance payments are made under this section is deemed to be a minor child in a needy family under a State program funded under part A of this subchapter and is deemed to be a recipient of assistance under such part.

Editorial Notes

References in Text

The Personal Responsibility and Work Opportunity Reconciliation Act of 1996, referred to in subsec. (a)(4), is Puspan. L. 104–193, Aug. 22, 1996, 110 Stat. 2105. Title IV of the Act is classified principally to chapter 14 (§ 1601 et seq.) of Title 8, Aliens and Nationality. For complete classification of title IV to the Code, see Tables.

Division A of subchapter XX, referred to in subsec. (h)(1), 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.

Amendments

2018—Subsec. (a)(2)(C). Puspan. L. 115–123, § 50741(a)(1)(A), inserted “, but only to the extent permitted under subsection (k)” after “institution”.

Puspan. L. 115–123, § 50712(a)(1), substituted “, with a parent residing in a licensed residential family-based treatment facility, but only to the extent permitted under subsection (j), or in a” for “or”.

Subsec. (c). Puspan. L. 115–123, § 50741(span), amended subsec. (c) generally. Prior to amendment, text read as follows: “For the purposes of this part, (1) the term ‘foster family home’ means a foster family home for children which is licensed by the State in which it is situated or has been approved, by the agency of such State having responsibility for licensing homes of this type, as meeting the standards established for such licensing; and (2) the term ‘child-care institution’ means a private child-care institution, or a public child-care institution which accommodates no more than twenty-five children, which is licensed by the State in which it is situated or has been approved, by the agency of such State responsible for licensing or approval of institutions of this type, as meeting the standards established for such licensing, except, in the case of a child who has attained 18 years of age, the term shall include a supervised setting in which the individual is living independently, in accordance with such conditions as the Secretary shall establish in regulations, but the term shall not include detention facilities, forestry camps, training schools, or any other facility operated primarily for the detention of children who are determined to be delinquent.”

Subsec. (j). Puspan. L. 115–123, § 50712(a)(2), added subsec. (j).

Subsec. (k). Puspan. L. 115–123, § 50741(a)(1)(B), added subsec. (k).

2010—Subsec. (h)(1). Puspan. L. 111–148 inserted “division A of” before “subchapter XX”.

2008—Subsec. (a)(2)(B)(iii). Puspan. L. 110–351, § 301(a)(2), added cl. (iii).

Subsec. (c)(2). Puspan. L. 110–351, § 201(span), inserted “except, in the case of a child who has attained 18 years of age, the term shall include a supervised setting in which the individual is living independently, in accordance with such conditions as the Secretary shall establish in regulations,” before “but the term”.

2006—Subsec. (a). Puspan. L. 109–171, § 7404(a), amended subsec. (a) generally. Prior to amendment, subsec. (a) related to qualifying children for foster care maintenance payments.

Subsec. (d). Puspan. L. 109–288 substituted “622(span)(8)” for “622(span)(10)”.

Subsec. (i). Puspan. L. 109–171, § 7403(a), added subsec. (i).

2005—Subsec. (span). Puspan. L. 109–113 struck out “nonprofit” before “private” in pars. (1) and (2).

1999—Subsec. (a). Puspan. L. 106–169 inserted at end “In determining whether a child would have received aid under a State plan approved under section 602 of this title (as in effect on July 16, 1996), a child whose resources (determined pursuant to section 602(a)(7)(B) of this title, as so in effect) have a combined value of not more than $10,000 shall be considered to be a child whose resources have a combined value of not more than $1,000 (or such lower amount as the State may determine for purposes of such section 602(a)(7)(B) of this title).

1997—Subsec. (a). Puspan. L. 105–33, § 5513(span)(1), substituted “July 16, 1996” for “June 1, 1995” in introductory provisions.

Subsec. (a)(1). Puspan. L. 105–89 inserted “for a child” before “have been made;”.

Subsec. (a)(4). Puspan. L. 105–33, § 5513(span)(1), substituted “July 16, 1996” for “June 1, 1995” in subpars. (A) and (B).

Subsec. (d). Puspan. L. 105–33, § 5592(span), substituted “section 622(span)(10)” for “section 622(span)(9)”.

Subsec. (h)(1). Puspan. L. 105–33, § 5513(span)(2), substituted “July 16, 1996” for “June 1, 1995”.

1996—Subsec. (a). Puspan. L. 104–193, § 108(d)(3)(A), in introductory provisions, substituted “would have met the requirements” for “would meet the requirements” and inserted “(as such sections were in effect on June 1, 1995)” after “section 607 of this title” and “(as so in effect)” after “section 606(a) of this title”.

Subsec. (a)(4)(A). Puspan. L. 104–193, § 108(d)(3)(B)(i), substituted “would have received aid” for “received aid” and inserted “(as in effect on June 1, 1995)” after “section 602 of this title”.

Subsec. (a)(4)(B)(ii). Puspan. L. 104–193, § 108(d)(3)(B)(ii), inserted “(as in effect on June 1, 1995)” after “section 606(a) of this title”.

Subsec. (c)(2). Puspan. L. 104–193, § 501, struck out “nonprofit” before “private child-care institution.”

Subsec. (h). Puspan. L. 104–193, § 108(d)(4), amended subsec. (h) generally. Prior to amendment, subsec. (h) read as follows: “For purposes of subchapters XIX and XX of this chapter, any child with respect to whom foster care maintenance payments are made under this section shall be deemed to be a dependent child as defined in section 606 of this title and shall be deemed to be a recipient of aid to families with dependent children under part A of this subchapter. For purposes of the preceding sentence, a child whose costs in a foster family home or child-care institution are covered by the foster care maintenance payments being made with respect to his or her minor parent, as provided in section 675(4)(B) of this title, shall be considered a child with respect to whom foster care maintenance payments are made under this section.”

1994—Subsec. (d). Puspan. L. 103–432 substituted “section 622(span)(9) of this title” for “section 627(span) of this title”.

1987—Subsec. (a). Puspan. L. 100–203, § 9139(a), substituted “section 673(a)(2)(B) of this title” for “section 673(a)(1)(B) of this title”.

Subsec. (h). Puspan. L. 100–203, § 9133(span)(2), inserted sentence at end.

1986—Subsec. (a). Puspan. L. 99–603, § 303(e)(2), inserted in closing provisions reference to cases in which a child is an alien disqualified under section 1161(d)(7) of title 8.

Puspan. L. 99–603, § 302(span)(2), inserted in closing provisions reference to cases in which a child is an alien disqualified under section 1160(f) of title 8.

Puspan. L. 99–603, § 201(span)(2)(A), inserted closing provisions: “In any case where the child is an alien disqualified under section 1255a(h) of title 8 from receiving aid under the State plan approved under section 602 of this title in or for the month in which such agreement was entered into or court proceedings leading to the removal of the child from the home were instituted, such child shall be considered to satisfy the requirements of paragraph (4) (and the corresponding requirements of section 673(a)(1)(B) of this title), with respect to that month, if he or she would have satisfied such requirements but for such disqualification.”

1980—Subsec. (a). Puspan. L. 96–272, § 102(a)(1), inserted provisions relating to voluntary placement agreements entered into by a child’s parent or legal guardian.

Subsecs. (d) to (h). Puspan. L. 96–272, § 102(a)(2), added subsecs. (d) to (g). Former subsec. (d) was redesignated (h).

Statutory Notes and Related Subsidiaries

Effective Date of 2018 Amendment

Amendment by section 50712(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 50741(a)(1), (span) 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.

Effective Date of 2008 Amendment

Puspan. L. 110–351, title II, § 201(d), Oct. 7, 2008, 122 Stat. 3959, provided that:

“The amendments made by this section [amending this section and sections 673 and 675 of this title] shall take effect on October 1, 2010.”

Amendment by section 301(a)(2) of Puspan. L. 110–351 effective Oct. 1, 2009, without regard to whether implementing regulations have been promulgated, see section 301(f) of Puspan. L. 110–351, set out as a note under section 671 of this title.

Amendment by Puspan. L. 110–351 effective Oct. 7, 2008, except as otherwise provided, and applicable to payments under this part and part B of this subchapter for quarters beginning on or after effective date of amendment, with delay permitted if State legislation is required to meet additional requirements, see section 601 of Puspan. L. 110–351, set out as a note under section 671 of this title.

Effective Date of 2006 Amendment

Amendment by Puspan. L. 109–288 effective Oct. 1, 2006, and applicable to payments under this part and part B of this subchapter for calendar quarters beginning on or after such date, without regard to whether implementing regulations have been promulgated, and with delay permitted if State legislation is required to meet additional requirements, see section 12(a), (span) of Puspan. L. 109–288, set out as a note under section 621 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 1997 Amendments

Amendment 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 section 5513(span)(1), (2) of Puspan. L. 105–33 effective as if included in section 108 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Puspan. L. 104–193, at the time such section 108 became law, see section 5518(span) of Puspan. L. 105–33, set out as a note under section 652 of this title.

Amendment by section 5592(span) of 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 Amendment

Amendment by section 108(d)(3), (4) 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, set out as an Effective Date note under section 601 of this title.

Effective Date of 1994 Amendment

Amendment by Puspan. L. 103–432 effective with respect to fiscal years beginning on or after Apr. 1, 1996, see section 202(e) of Puspan. L. 103–432, set out as a note under section 622 of this title.

Effective Date of 1987 Amendment

Puspan. L. 100–203, title IX, § 9133(c), Dec. 22, 1987, 101 Stat. 1330–315, provided that:

“The amendments made by this section [amending this section and sections 602, 673, and 675 of this title] shall become effective April 1, 1988.”

Effective Date of 1980 Amendment

Puspan. L. 96–272, title I, § 102(a)(1), June 17, 1980, 94 Stat. 513, as amended by Puspan. L. 98–118, § 3(a), Oct. 11, 1983, 97 Stat. 803; Puspan. L. 98–617, § 4(c)(1), Nov. 8, 1984, 98 Stat. 3297; Puspan. L. 99–272, title XII, 12306(c)(1), Apr. 7, 1986, 100 Stat. 294; Puspan. L. 100–203, title IX, § 9131(a)(1), Dec. 22, 1987, 101 Stat. 1330–313, provided that the amendment made by that section is effective with respect to expenditures made after Sept. 30, 1980.

Puspan. L. 96–272, title I, § 102(c), June 17, 1980, 94 Stat. 515, as amended by Puspan. L. 98–118, § 3(span), Oct. 11, 1983, 97 Stat. 803; Puspan. L. 98–617, § 4(c)(2), Nov. 8, 1984, 98 Stat. 3297; Puspan. L. 99–272, title XII, § 12306(c)(2), Apr. 7, 1986, 100 Stat. 294; Puspan. L. 100–203, title IX, § 9131(a)(2), Dec. 22, 1987, 101 Stat. 1330–313, provided that:

“The amendments made by subsections (a) and (span) [amending this section and sections 608, 673, and 675 of this title] shall be effective only with respect to expenditures made after September 30, 1979.”

[Puspan. L. 100–203, title IX, § 9131(span), Dec. 22, 1987, 101 Stat. 1330–313, provided that:

“The amendments made by subsection (a) [amending section 102(a)(1), (c), and (e) of Puspan. L. 96–272, set out as notes under this section] shall become effective October 1, 1987.”

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Construction of 2008 Amendment

For construction of amendment by section 301(a)(2) of Puspan. L. 110–351, see section 301(d) of Puspan. L. 110–351, set out as a note under section 671 of this title.

Children Voluntarily Removed From Home of Relative

Puspan. L. 96–272, title I, § 102(d)(1), June 17, 1980, 94 Stat. 515, provided that:

“For purposes of section 472 of the Social Security Act [42 U.S.C. 672], a child who was voluntarily removed from the home of a relative and who had a judicial determination prior to October 1, 1978, to the effect that continuation therein would be contrary to the welfare of such child, shall be deemed to have been so removed as a result of such judicial determination if, and from the date that, a case plan and a review meeting the requirements of section 471(a)(16) of such Act [42 U.S.C. 671(a)(16)] have been made with respect to such child and such child is determined to be in need of foster care as a result of such review. In the case of any child described in the preceding sentence, for purposes of section 472(a)(4) of such Act [42 U.S.C. 672(a)(4)], the date of the voluntary removal shall be deemed to be the date on which court proceedings are initiated which led to such removal.”

Annual Report to Congress of Number of Children Placed in Foster Care Pursuant to Voluntary Placement Agreements

Puspan. L. 96–272, title I, § 102(e), June 17, 1980, 94 Stat. 515, as amended by Puspan. L. 100–203, title IX, § 9131(a)(3), Dec. 22, 1987, 101 Stat. 1330–313, which required the Secretary of Health, Education, and Welfare to submit to Congress a full and complete annual report on the placement of children in foster care pursuant to voluntary placement agreements under this section and section 608 of this title, terminated, effective May 15, 2000, pursuant to section 3003 of Puspan. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance. See, also, item 12 on page 99 of House Document No. 103–7.