42 U.S.C. § 629 — Purpose

Page 2231 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 629 child welfare agencies on how to comply with the Indian Child Welfare Act of 1978, including specific measures identified in State plans as re- quired by section 622(b)(9) of this title. (c) Biennial reports to Congress The Secretary shall biennially submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate a written report on how— (1) the States are complying with the Indian Child Welfare Act of 1978 and section 622(b)(9) of this title, as informed by data collected under this section; and (2) the Secretary is assisting States and In- dian tribes to improve implementation of Fed- eral standards established under the Indian Child Welfare Act of 1978. (Aug. 14, 1935, ch. 531, title IV, § 429B, as added Pub. L. 118–258, title I, § 107(a)(2)(B), Jan. 4, 2025, 138 Stat. 2954.) Editorial Notes REFERENCES IN TEXT The Indian Child Welfare Act of 1978, referred to in text, is Pub. L. 95–608, Nov. 8, 1978, 92 Stat. 3069, which is classified generally to chapter 21 (§ 1901 et seq.) of Title 25, Indians. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 1901 of Title 25 and Tables. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 1, 2025, and applicable to pay- ments under this part for calendar quarters beginning on or after such date, with delay permitted if either State legislation or tribal action is required to meet additional requirements, see section 117 of Pub. L. 118–258, set out as an Effective Date of 2025 Amendment note under section 622 of this title. SUBPART 2—PROMOTING SAFE AND STABLE FAMILIES § 629. Purpose The purpose of this program is to enable States to develop and establish, or expand, and to operate coordinated programs of community- based family support services, family preserva- tion services, family reunification services, and adoption promotion and support services to ac- complish the following objectives: (1) To prevent child maltreatment among families at risk through the provision of sup- portive family services. (2) To assure children’s safety within the home and preserve intact families in which children have been maltreated, when the fam- ily’s problems can be addressed effectively. (3) To address the problems of families whose children have been placed in foster care so that reunification may occur in a safe and stable manner in accordance with the Adop- tion and Safe Families Act of 1997. (4) To support adoptive families by providing support services as necessary so that they can make a lifetime commitment to their chil- dren. (Aug. 14, 1935, ch. 531, title IV, § 430, as added Pub. L. 103–66, title XIII, § 13711(a)(2), Aug. 10, 1993, 107 Stat. 649; amended Pub. L. 105–89, title III, § 305(a)(1), (2), (b)(3)(A), Nov. 19, 1997, 111 Stat. 2130, 2131; Pub. L. 107–133, title I, § 101, Jan. 17, 2002, 115 Stat. 2414; Pub. L. 109–288, § 3(d), Sept. 28, 2006, 120 Stat. 1235; Pub. L. 115–123, div. E, title VII, § 50721(b)(1), Feb. 9, 2018, 132 Stat. 245.) Editorial Notes REFERENCES IN TEXT The Adoption and Safe Families Act of 1997, referred to in par. (3), is Pub. L. 105–89, Nov. 19, 1997, 111 Stat. 2115. For complete classification of this Act to the Code, see Short Title of 1997 Amendment note set out under section 1305 of this title and Tables. PRIOR PROVISIONS A prior section 430 of act Aug. 14, 1935, was classified to section 630 of this title prior to repeal by Pub. L. 100–485, title II, § 202(a), Oct. 13, 1988, 102 Stat. 2377. AMENDMENTS 2018—Pub. L. 115–123 struck out ‘‘time-limited’’ before ‘‘family reunification services’’ in introductory provi- sions. 2006—Pub. L. 109–288 substituted ‘‘Purpose’’ for ‘‘Findings and purpose’’ in section catchline, struck out subsec. (a) relating to findings, and struck out sub- sec. (b) designation and heading before ‘‘The purpose’’. 2002—Pub. L. 107–133 amended section generally, sub- stituting subsecs. (a) and (b) relating to findings and purpose for former subsecs. (a) to (d) relating to pur- poses, limitations on authorizations of appropriations, description of amounts, inflation percentage, and res- ervation of certain amounts. 1997—Subsec. (a). Pub. L. 105–89, § 305(b)(3)(A), sub- stituted ‘‘, community-based family support services, time-limited family reunification services, and adop- tion promotion and support services’’ for ‘‘and commu- nity-based family support services’’. Subsec. (b)(6) to (8). Pub. L. 105–89, § 305(a)(1), added pars. (6) to (8). Subsec. (d). Pub. L. 105–89, § 305(a)(2), substituted ‘‘1998, 1999, 2000, and 2001’’ for ‘‘and 1998’’ in pars. (1) and (2). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–123 effective Oct. 1, 2018, subject to transition rules for required State legisla- tion or tribal action, see section 50734 of Pub. L. 115–123, set out as a note under section 622 of this title. EFFECTIVE DATE OF 2006 AMENDMENT Amendment by Pub. L. 109–288 effective Oct. 1, 2006, and applicable to payments under this part and part E of this subchapter for calendar quarters beginning on or after such date, without regard to whether imple- menting regulations have been promulgated, and with delay permitted if State legislation is required to meet additional requirements, see section 12(a), (b) of Pub. L. 109–288, set out as a note under section 621 of this title. EFFECTIVE DATE OF 2002 AMENDMENT Pub. L. 107–133, title III, § 301, Jan. 17, 2002, 115 Stat. 2425, provided that: ‘‘(a) IN GENERAL.—Subject to subsection (b), the amendments made by this Act [enacting sections 629f to 629i of this title and amending this section and sec- tions 629a, 629c, 629d, 629e, 674, and 677 of this title] shall take effect on the date of the enactment of this Act [Jan. 17, 2002]. ‘‘(b) DELAY PERMITTED IF STATE LEGISLATION RE- QUIRED.—In the case of a State plan under subpart 2 of part B or part E of the Social Security Act [probably Page 2232 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 629a means subpart 2 of part B or part E of title IV of the Social Security Act (42 U.S.C. 629 et seq., 670 et seq.)] that the Secretary of Health and Human Services de- termines requires State legislation (other than legisla- tion appropriating funds) in order for the plan to meet the additional requirements imposed by the amend- ments specified in subsection (a) of this section, 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 the additional re- quirements 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 the enactment of this Act [Jan. 17, 2001]. For purposes of the preceding 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 1997 AMENDMENT 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. EFFECTIVE DATE Subpart 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 an Effective Date of 1993 Amendment note under section 622 of this title. § 629a. Definitions (a) In general As used in this subpart: (1) Family preservation services The term ‘‘family preservation services’’ means services for children and families de- signed to help families (including adoptive and extended families) at risk or in crisis, includ- ing— (A) service programs designed to help chil- dren— (i) where safe and appropriate, return to families from which they have been re- moved; or (ii) be placed for adoption, with a legal guardian, or, if adoption or legal guardian- ship is determined not to be safe and ap- propriate for a child, in some other planned, permanent living arrangement; (B) preplacement preventive services pro- grams, such as intensive family preservation programs, designed to help children at risk of foster care placement remain safely with their families; (C) service programs designed to provide followup care to families to whom a child has been returned after a foster care place- ment; (D) respite care of children to provide tem- porary relief for parents and other care- givers (including foster parents); (E) services designed to improve parenting skills (by reinforcing parents’ confidence in their strengths, and helping them to identify where improvement is needed and to obtain assistance in improving those skills) with respect to matters such as child develop- ment, family budgeting, coping with stress, health, and nutrition; and (F) infant safe haven programs to provide a way for a parent to safely relinquish a newborn infant at a safe haven designated pursuant to a State law. (2) Family support services (A) In general The term ‘‘family support services’’ means community-based services designed to carry out the purposes described in subparagraph (B). (B) Purposes described The purposes described in this subpara- graph are the following: (i) To promote the safety and well-being of children and families. (ii) To increase the strength and sta- bility of families (including adoptive, fos- ter, and extended families). (iii) To support and retain foster families so they can provide quality family-based settings for children in foster care. (iv) To increase parents’ confidence and competence in their parenting abilities. (v) To afford children a safe, stable, and supportive family environment. (vi) To strengthen parental relationships and promote healthy marriages. (vii) To enhance child development, in- cluding through mentoring (as defined in section 629i(b)(2) of this title). (3) State agency The term ‘‘State agency’’ means the State agency responsible for administering the pro- gram under subpart 1. (4) State The term ‘‘State’’ includes an Indian tribe or tribal organization, in addition to the mean- ing given such term for purposes of subpart 1. (5) Indian tribe The term ‘‘Indian tribe’’ has the meaning given the term in section 628(c) of this title. (6) Tribal organization The term ‘‘tribal organization’’ has the meaning given the term in section 628(c) of this title. (7) Family reunification services (A) In general The term ‘‘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 or a child who has been re- turned home and to the parents or primary caregiver of such a child, in order to facili- tate the reunification of the child safely and appropriately within a timely fashion and to ensure the strength and stability of the re- unification. In the case of a child who has been returned home, the services and activi- ties shall only be provided during the 15- month period that begins on the date that the child returns home. (B) Services and activities described The services and activities described in this subparagraph are the following: (i) Individual, group, and family coun- seling.