42 USC 675 - Definitions

1 See References in Text note below.

of this title.

2 So in original. Subsequent subpars. enacted or amended with semicolons at end.

Editorial Notes

References in Text

Section 672(a) of this title, referred to in par. (1)(A), was amended generally by Puspan. L. 109–171, title VII, § 7404(a), Fespan. 8, 2006, 120 Stat. 151, and, as so amended, provisions relating to a voluntary placement agreement or judicial determination made with respect to a child, which formerly appeared in subsec. (a)(1), are contained in subsec. (a)(2)(A).

Section 202 of the REAL ID Act of 2005, referred to in par. (5)(I), is section 202 of title II of div. B of Puspan. L. 109–13, which is set out as a note under section 30301 of Title 49, Transportation.

Section 7102(9)(A) and (10) of title 22, referred to in par. (9), was redesignated section 7102(11)(A) and (12), respectively, of title 22 by Puspan. L. 115–427, § 2(1), Jan. 9, 2019, 132 Stat. 5503.

Amendments

2018—Par. (5)(I). Puspan. L. 115–123, § 50753(e), inserted “, and any official documentation necessary to prove that the child was previously in foster care” after “REAL ID Act of 2005”.

Par. (13). Puspan. L. 115–123, § 50711(span), added par. (13).

2015—Par. (1)(G)(ii)(I). Puspan. L. 114–95 made technical amendment to reference in original act which appears in text as reference to section 7801 of title 20.

2014—Par. (1). Puspan. L. 113–183, § 112(span)(2)(B)(i), in introductory provisions, inserted “meets the requirements of section 675a of this title and” after “written document which”.

Par. (1)(B). Puspan. L. 113–183, § 113(a), inserted at end “With respect to a child who has attained 14 years of age, the plan developed for the child in accordance with this paragraph, and any revision or addition to the plan, shall be developed in consultation with the child and, at the option of the child, with up to 2 members of the case planning team who are chosen by the child and who are not a foster parent of, or caseworker for, the child. A State may reject an individual selected by a child to be a member of the case planning team at any time if the State has good cause to believe that the individual would not act in the best interests of the child. One individual selected by a child to be a member of the child’s case planning team may be designated to be the child’s advisor and, as necessary, advocate, with respect to the application of the reasonable and prudent parent standard to the child.”

Par. (1)(D). Puspan. L. 113–183, § 113(c), substituted “a successful adulthood” for “independent living”.

Puspan. L. 113–183, § 113(span)(1), substituted “For a child who has attained 14 years of age” for “Where appropriate, for a child age 16”.

Par. (5)(B). Puspan. L. 113–183, § 112(span)(2)(B)(ii)(I), inserted at end “and, for a child for whom another planned permanent living arrangement has been determined as the permanency plan, the steps the State agency is taking to ensure the child’s foster family home or child care institution is following the reasonable and prudent parent standard and to ascertain whether the child has regular, ongoing opportunities to engage in age or developmentally appropriate activities (including by consulting with the child in an age-appropriate manner about the opportunities of the child to participate in the activities);”.

Par. (5)(C)(i). Puspan. L. 113–183, § 113(c), substituted “a successful adulthood” for “independent living”.

Puspan. L. 113–183, § 113(span)(2)(A)(i), substituted “14” for “16”.

Puspan. L. 113–183, § 112(span)(2)(B)(ii)(II), inserted “, as of the date of the hearing,” after “compelling reason for determining” and “subject to section 675a(a) of this title,” after “another planned permanent living arrangement,”.

Puspan. L. 113–183, § 112(a)(1), inserted “only in the case of a child who has attained 16 years of age” before “(in cases where”.

Par. (5)(C)(iii). Puspan. L. 113–183, § 113(c), substituted “a successful adulthood” for “independent living”.

Par. (5)(C)(iv). Puspan. L. 113–183, § 113(span)(2)(A)(ii), (iii), added cl. (iv).

Par. (5)(I). Puspan. L. 113–183, § 114(a), substituted “receives assistance” for “and receives assistance” and inserted before period at end “, and, if the child is leaving foster care by reason of having attained 18 years of age or such greater age as the State has elected under paragraph (8), unless the child has been in foster care for less than 6 months, is not discharged from care without being provided with (if the child is eligible to receive such document) an official or certified copy of the United States birth certificate of the child, a social security card issued by the Commissioner of Social Security, health insurance information, a copy of the child’s medical records, and a driver’s license or identification card issued by a State in accordance with the requirements of section 202 of the REAL ID Act of 2005”.

Puspan. L. 113–183, § 113(span)(2)(B), substituted “14” for “16”.

Par. (9). Puspan. L. 113–183, § 101(span), added par. (9).

Pars. (10), (11). Puspan. L. 113–183, § 111(a)(1), added pars. (10) and (11).

Par. (12). Puspan. L. 113–183, § 209(a)(2), added par. (12).

2011—Par. (1)(G)(i). Puspan. L. 112–34, § 106(a)(1), substituted “each placement” for “the placement”.

Par. (1)(G)(ii)(I). Puspan. L. 112–34, § 106(a)(2), inserted “each” before “placement”.

Par. (5)(I). Puspan. L. 112–34, § 106(span), added subpar. (I).

2010—Par. (5)(H). Puspan. L. 111–148 inserted “includes information about the importance of designating another individual to make health care treatment decisions on behalf of the child if the child becomes unable to participate in such decisions and the child does not have, or does not want, a relative who would otherwise be authorized under State law to make such decisions, and provides the child with the option to execute a health care power of attorney, health care proxy, or other similar document recognized under State law,” after “employment services,”.

2008—Par. (1)(C)(iv) to (viii). Puspan. L. 110–351, § 204(a)(1)(A), redesignated cls. (v) to (viii) as (iv) to (vii), respectively, and struck out former cl. (iv) which read as follows: “assurances that the child’s placement in foster care takes into account proximity to the school in which the child is enrolled at the time of placement;”.

Par. (1)(F). Puspan. L. 110–351, § 101(c)(4), added subpar. (F).

Par. (1)(G). Puspan. L. 110–351, § 204(a)(1)(B), added subpar. (G).

Par. (4)(A). Puspan. L. 110–351, § 204(a)(2), in first sentence, substituted “reasonable” for “and reasonable” and inserted “, and reasonable travel for the child to remain in the school in which the child is enrolled at the time of placement” before period at end.

Par. (5)(H). Puspan. L. 110–351, § 202, added subpar. (H).

Par. (8). Puspan. L. 110–351, § 201(a), added par. (8).

2006—Par. (1)(C). Puspan. L. 109–239, § 7(1), in introductory provisions, substituted “The health” for “To the extent available and accessible, the health” and inserted “the most recent information available regarding” after “including”.

Par. (1)(E). Puspan. L. 109–239, § 11, which directed amendment of subpar. (E) by inserting “to facilitate orderly and timely in-State and interstate placements” before the period, was executed by making the insertion before period at end of last sentence to reflect the probable intent of Congress.

Par. (5)(A)(ii). Puspan. L. 109–239, § 6, substituted “6 months” for “12 months” and “of the State in which the child has been placed, or of a private agency under contract with either such State” for “or of the State in which the child has been placed”.

Par. (5)(C). Puspan. L. 109–288 inserted “(i)” after “with respect to each such child,”, substituted “(ii) procedural safeguards shall” for “and procedural safeguards shall also”, and added cl. (iii) at end.

Puspan. L. 109–239, § 12, inserted “, in the case of a child who will not be returned to the parent, the hearing shall consider in-State and out-of-State placement options,” after “living arrangement” and “the hearing shall determine” after “described in subparagraph (A)(ii),”.

Par. (5)(D). Puspan. L. 109–239, § 7(2), inserted “a copy of the record is” before “supplied to the foster parent” and “, and is supplied to the child at no cost at the time the child leaves foster care if the child is leaving foster care by reason of having attained the age of majority under State law” before semicolon at end.

Par. (5)(G). Puspan. L. 109–239, § 8(a), substituted “a right” for “an opportunity”, “proceeding” for “review or hearing” in two places, and “and right” for “and opportunity”.

1997—Par. (1). Puspan. L. 105–89, § 107(1)(A), (B), struck out “the case plan must also include” before “a written description” in concluding provisions and redesignated those provisions as subpar. (D) of par. (1).

Par. (1)(A). Puspan. L. 105–89, § 102(2)(A)(i), inserted “safety and” before “appropriateness of the placement”.

Par. (1)(B). Puspan. L. 105–89, § 102(2)(A)(ii), inserted “safe and” after “child receives” and “safe” after “return of the child to his own”.

Par. (1)(D). Puspan. L. 105–89, § 107(1)(B), redesignated concluding provisions of par. (1) as subpar. (D) of par. (1) and realigned margins.

Par. (1)(E). Puspan. L. 105–89, § 107(2), added subpar. (E).

Par. (5)(A). Puspan. L. 105–89, § 102(2)(B)(i), inserted “a safe setting that is” after “placement in” in introductory provisions.

Par. (5)(B). Puspan. L. 105–89, § 102(2)(B)(ii), inserted “the safety of the child,” after “determine” and “and safely maintained in” before “the home or placed for adoption”.

Par. (5)(C). Puspan. L. 105–89, § 302, substituted “permanency hearing” for “dispositional hearing” and “no later than 12 months after the date the child is considered to have entered foster care (as determined under subparagraph (F))” for “no later than eighteen months after the original placement”, and which directed the substitution of “permanency plan for the child that includes whether, and if applicable when, the child will be returned to the parent, placed for adoption and the State will file a petition for termination of parental rights, or referred for legal guardianship, or (in cases where the State agency has documented to the State court a compelling reason for determining that it would not be in the best interests of the child to return home, be referred for termination of parental rights, or be placed for adoption, with a fit and willing relative, or with a legal guardian) placed in another planned permanent living arrangement” for “future status of the child (including, but not limited to, whether the child should be returned to the parent, should be continued in foster care for a specified period, should be placed for adoption, or should (because of the child’s special needs or circumstances) be continued in foster care on a permanent or long term basis)”, was executed by making the substitution for text which contained the words “long-term” rather than “long term” to reflect the probable intent of Congress.

Par. (5)(E). Puspan. L. 105–89, § 103(a), added subpar. (E).

Par. (5)(F). Puspan. L. 105–89, § 103(span), added subpar. (F).

Par. (5)(G). Puspan. L. 105–89, § 104, added subpar. (G).

Par. (7). Puspan. L. 105–89, § 101(span), added par. (7).

1994—Par. (5)(A). Puspan. L. 103–432, § 209(a), inserted “which—” after “needs of the child,” and added cls. (i) and (ii).

Puspan. L. 103–432, § 206(a), inserted “and most appropriate” after “(most family like)”.

Par. (5)(C). Puspan. L. 103–432, § 209(span), inserted “and, in the case of a child described in subparagraph (A)(ii), whether the out-of-State placement continues to be appropriate and in the best interests of the child,” after “permanent or long-term basis)”.

Puspan. L. 103–432, § 206(span), substituted “(and not less frequently than every 12 months” for “(and periodically”.

Par. (5)(D). Puspan. L. 103–432, § 265(c), realigned margins.

1989—Par. (1). Puspan. L. 101–239, § 8007(a), inserted “(A)” before “A description”, substituted “section 672(a)(1) of this title. (B) A plan” for “section 672(a)(1) of this title; and a plan”, realigned margins of subpars. (A) and (B), added subpar. (C), and set the last sentence flush with the left margin of par. (1).

Par. (5)(D). Puspan. L. 101–239, § 8007(span), added subpar. (D).

1988—Par. (5)(C). Puspan. L. 100–647 inserted “and, in the case of a child who has attained age 16, the services needed to assist the child to make the transition from foster care to independent living” after “long-term basis)”.

1987—Par. (4). Puspan. L. 100–203 designated existing provisions as subpar. (A) and added subpar. (B).

1986—Par. (1). Puspan. L. 99–272, § 12307(span), inserted at end “Where appropriate, for a child age 16 or over, the case plan must also include a written description of the programs and services which will help such child prepare for the transition from foster care to independent living.”

Par. (3). Puspan. L. 99–514 added cl. (A) and struck out former cl. (A) which read as follows: “specifies the amounts of any adoption assistance payments and any other services and assistance which are to be provided as part of such agreement, and”.

Puspan. L. 99–272, § 12305(span)(2), substituted in cl. (A) “any adoption assistance payments and any other services and assistance” for “the adoption assistance payments and any additional services and assistance”.

1980—Par. (1). Puspan. L. 96–272, § 102(a)(4), inserted reference to voluntary placement agreements.

Statutory Notes and Related Subsidiaries

Effective Date of 2018 Amendment

Amendment by section 50711(span) 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.

Effective Date of 2015 Amendment

Amendment by Puspan. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Puspan. L. 114–95, set out as a note under section 6301 of Title 20, Education.

Effective Date of 2014 Amendment

Amendment by section 111(a)(1) 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 111(d) of Puspan. L. 113–183, set out as a note under section 671 of this title.

Amendment by section 112(a)(1) 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, and in the case of children in foster care under the responsibility of an Indian tribe, tribal organization, or tribal consortium (either directly or under supervision of a State), not applicable until the date that is 3 years after Sept. 29, 2014, see section 112(a)(3), (c) of Puspan. L. 113–183, set out as notes under section 622 of this title.

Amendment by section 112(span)(2)(B) 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 I, § 113(f), Sept. 29, 2014, 128 Stat. 1929, provided that:

“(1)In general.—The amendments made by this section [amending this section and section 675a 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.”

Puspan. L. 113–183, title I, § 114(span), Sept. 29, 2014, 128 Stat. 1930, provided that:

“(1)In general.—The amendments made by this section [amending this section] shall take effect 1 year after the date of enactment of this Act [Sept. 29, 2014].

Amendment by section 209(a)(2) of Puspan. L. 113–183 effective Sept. 29, 2014, with delay permitted if State legislation is required, see section 210(e) of Puspan. L. 113–183, set out as a note under section 671 of this title.

Effective Date of 2011 Amendment

Amendment by Puspan. L. 112–34 effective Oct. 1, 2011, 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 107 of Puspan. L. 112–34, set out as a note under section 622 of this title.

Effective Date of 2010 Amendment

Amendment by Puspan. L. 111–148 effective Oct. 1, 2010, see section 2955(d) of Puspan. L. 111–148, set out as a note under section 622 of this title.

Effective Date of 2008 Amendment

Amendment by section 201(a) of Puspan. L. 110–351 effective Oct. 1, 2010, see section 201(d) of Puspan. L. 110–351, set out as a note under section 672 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. 109–239 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 14 of Puspan. L. 109–239, set out as a note under section 622 of this title.

Effective Date of 1997 Amendment

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.

Effective Date of 1994 Amendment

Puspan. L. 103–432, title II, § 206(c), Oct. 31, 1994, 108 Stat. 4457, provided that: “The amendments made by this section [amending this section] shall take effect on October 1, 1995.”

Puspan. L. 103–432, title II, § 209(d), Oct. 31, 1994, 108 Stat. 4459, provided that: “The amendments made by this section [amending this section and section 679 of this title] shall be effective with respect to fiscal years beginning on or after October 1, 1995.”

Amendment by section 265(c) of Puspan. L. 103–432 effective as if included in the provision of Puspan. L. 101–239 to which the amendment relates, at the time the provision became law, see section 265(d) of Puspan. L. 103–432, set out as a note under section 673 of this title.

Effective Date of 1989 Amendment

Puspan. L. 101–239, title VIII, § 8007(c), Dec. 19, 1989, 103 Stat. 2462, provided that: “The amendments made by subsections (a) and (span) [amending this section] shall take effect on April 1, 1990.”

Effective Date of 1988 Amendment

Amendment by Puspan. L. 100–647 effective Oct. 1, 1988, see section 8104(g)(1) of Puspan. L. 100–647, set out as a note under section 677 of this title.

Effective Date of 1987 Amendment

Amendment by Puspan. L. 100–203 effective Apr. 1, 1988, see section 9133(c) of Puspan. L. 100–203, set out as a note under section 672 of this title.

Effective Date of 1986 Amendments

Amendment 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.

Amendment by section 12305(span)(2) of Puspan. L. 99–272 applicable to medical assistance furnished in or after the first calendar quarter beginning more than 90 days after Apr. 7, 1986, see section 12305(c) of Puspan. L. 99–272, set out as a note under section 673 of this title.

Effective Date of 1980 Amendment

Puspan. L. 96–272, title I, § 101(a)(4)(A), June 17, 1980, 94 Stat. 512, provided that: “Clause (B) of the first sentence of section 475(3) of the Social Security Act [42 U.S.C. 675(3)(B)] (as added by subsection (a) of this section) shall be effective with respect to adoption assistance agreements entered into on or after October 1, 1983.”

Amendment by section 102(a)(4) of Puspan. L. 96–272 effective only with respect to expenditures made after Sept. 30, 1979, see section 102(c) of Puspan. L. 96–272, as amended, set out as a note under section 672 of this title.

Construction

For construction of amendment by section 209(a)(2) of Puspan. L. 113–183, see section 209(span) of Puspan. L. 113–183, set out as a note under section 671 of this title.

Puspan. L. 105–89, title I, § 103(d), Nov. 19, 1997, 111 Stat. 2119, provided that: “Nothing in this section [amending this section and enacting provisions set out as a note below] 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 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.”

Transition Rules; New and Current Foster Children

Puspan. L. 105–89, title I, § 103(c), Nov. 19, 1997, 111 Stat. 2119, provided that:

“(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 [42 U.S.C. 675(5)(F)]) under the responsibility of a State after the date of the enactment of this Act [Nov. 19, 1997]—

“(A) if the State comes into compliance with the amendments made by subsection (a) of this section [amending 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 [42 U.S.C. 675(5)(E)] 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 ⅓ 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 [42 U.S.C. 670 et seq.]) 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 ⅔ 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 [42 U.S.C. 671(a)].”