§ 674. Payments to States
(a) Amounts
For each quarter beginning after September
30, 1980, each State which has a plan approved
under this part shall be entitled to a payment
equal to the sum of—
(1) subject to subsections (j) and (k) of sec-
tion 672 of this title, an amount equal to the
Federal medical assistance percentage (which
shall be as defined in section 1396d(b) of this
title, in the case of a State other than the Dis-
trict of Columbia, or 70 percent, in the case of
the District of Columbia) of the total amount
expended during such quarter as foster care
maintenance payments under section 672 of
this title for children in foster family homes
or child-care institutions (or, with respect to
such payments made during such quarter
under a cooperative agreement or contract en-
tered into by the State and an Indian tribe,
tribal organization, or tribal consortium for
the administration or payment of funds under
this part, an amount equal to the Federal
medical assistance percentage that would
apply under section 679c(d) of this title (in this
paragraph referred to as the ‘‘tribal FMAP’’) if
such Indian tribe, tribal organization, or tribal
consortium made such payments under a pro-
gram operated under that section, unless the
tribal FMAP is less than the Federal medical
assistance percentage that applies to the
State); plus
(2) an amount equal to the Federal medical
assistance percentage (which shall be as de-
fined in section 1396d(b) of this title, in the
case of a State other than the District of Co-
lumbia, or 70 percent, in the case of the Dis-
trict of Columbia) of the total amount ex-
pended during such quarter as adoption assist-
ance payments under section 673 of this title
pursuant to adoption assistance agreements
(or, wit
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Page 2394
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 673c
EFFECTIVE DATE
Section 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 an
Effective Date of 1997 Amendment note under section
622 of this title.
FINDINGS
Pub. L. 108–145, § 2, Dec. 2, 2003, 117 Stat. 1879, provided
that: ‘‘The Congress finds the following:
‘‘(1) In 1997, the Congress passed the Adoption and
Safe Families Act of 1997 [Pub. L. 105–89; see Short
Title of 1997 Amendment note set out under section
1305 of this title] to promote comprehensive child
welfare reform to ensure that consideration of chil-
dren’s safety is paramount in child welfare decisions,
and to provide a greater sense of urgency to find
every child a safe, permanent home.
‘‘(2) The Adoption and Safe Families Act of 1997
also created the Adoption Incentives program, which
authorizes incentive payments to States to promote
adoptions, with additional incentives provided for the
adoption of foster children with special needs.
‘‘(3) Since 1997, all States, the District of Columbia,
and Puerto Rico have qualified for incentive pay-
ments for their work in promoting adoption of foster
children.
‘‘(4) Between 1997 and 2002, adoptions increased by
64 percent, and adoptions of children with special
needs increased by 63 percent; however, 542,000 chil-
dren remain in foster care, and 126,000 are eligible for
adoption.
‘‘(5) Although substantial progress has been made
to promote adoptions, attention should be focused on
promoting adoption of older children. Recent data
suggest that half of the children waiting to be adopt-
ed are age 9 or older.’’
§ 673c. Repealed. Pub. L. 109–239, § 4(c), July 3,
2006, 120 Stat. 512
Section, act Aug. 14, 1935, ch. 531, title IV, § 473B, as
added Pub. L. 109–239, § 4(b), July 3, 2006, 120 Stat. 510,
related to timely interstate home study incentive pay-
ments.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF REPEAL
Pub. L. 109–239, § 4(c), July 3, 2006, 120 Stat. 512, pro-
vided that the repeal of this section is effective Oct. 1,
2010.
§ 674. Payments to States
(a) Amounts
For each quarter beginning after September
30, 1980, each State which has a plan approved
under this part shall be entitled to a payment
equal to the sum of—
(1) subject to subsections (j) and (k) of sec-
tion 672 of this title, an amount equal to the
Federal medical assistance percentage (which
shall be as defined in section 1396d(b) of this
title, in the case of a State other than the Dis-
trict of Columbia, or 70 percent, in the case of
the District of Columbia) of the total amount
expended during such quarter as foster care
maintenance payments under section 672 of
this title for children in foster family homes
or child-care institutions (or, with respect to
such payments made during such quarter
under a cooperative agreement or contract en-
tered into by the State and an Indian tribe,
tribal organization, or tribal consortium for
the administration or payment of funds under
this part, an amount equal to the Federal
medical assistance percentage that would
apply under section 679c(d) of this title (in this
paragraph referred to as the ‘‘tribal FMAP’’) if
such Indian tribe, tribal organization, or tribal
consortium made such payments under a pro-
gram operated under that section, unless the
tribal FMAP is less than the Federal medical
assistance percentage that applies to the
State); plus
(2) an amount equal to the Federal medical
assistance percentage (which shall be as de-
fined in section 1396d(b) of this title, in the
case of a State other than the District of Co-
lumbia, or 70 percent, in the case of the Dis-
trict of Columbia) of the total amount ex-
pended during such quarter as adoption assist-
ance payments under section 673 of this title
pursuant to adoption assistance agreements
(or, with respect to such payments made dur-
ing such quarter under a cooperative agree-
ment or contract entered into by the State
and an Indian tribe, tribal organization, or
tribal consortium for the administration or
payment of funds under this part, an amount
equal to the Federal medical assistance per-
centage that would apply under section 679c(d)
of this title (in this paragraph referred to as
the ‘‘tribal FMAP’’) if such Indian tribe, tribal
organization, or tribal consortium made such
payments under a program operated under
that section, unless the tribal FMAP is less
than the Federal medical assistance percent-
age that applies to the State); plus
(3) subject to section 672(i) of this title an
amount equal to the sum of the following pro-
portions of the total amounts expended during
such quarter as found necessary by the Sec-
retary for the provision of child placement
services and for the proper and efficient ad-
ministration of the State plan—
(A) 75 per centum of so much of such ex-
penditures as are for the training (including
both short- and long-term training at edu-
cational institutions through grants to such
institutions or by direct financial assistance
to students enrolled in such institutions) of
personnel employed or preparing for employ-
ment by the State agency or by the local
agency administering the plan in the polit-
ical subdivision,
(B) 75 percent of so much of such expendi-
tures (including travel and per diem ex-
penses) as are for the short-term training of
current or prospective foster or adoptive
parents or relative guardians, the members
of the staff of State-licensed or State-ap-
proved child care institutions providing
care, or State-licensed or State-approved
child welfare agencies providing services, to
children receiving assistance under this
part, and members of the staff of abuse and
neglect courts, agency attorneys, attorneys
representing children or parents, guardians
ad litem, or other court-appointed special
advocates representing children in pro-
ceedings of such courts, in ways that in-
crease the ability of such current or prospec-
tive parents, guardians, staff members, in-
stitutions, attorneys, and advocates to pro-
vide support and assistance to foster and
Page 2395
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 674
adopted children and children living with
relative guardians, whether incurred di-
rectly by the State or by contract,
(C) 50 percent of so much of such expendi-
tures as are for the planning, design, devel-
opment, or installation of statewide mecha-
nized data collection and information re-
trieval systems (including 50 percent of the
full amount of expenditures for hardware
components for such systems) but only to
the extent that such systems—
(i) meet the requirements imposed by
regulations promulgated pursuant to sec-
tion 679(b)(2) of this title;
(ii) to the extent practicable, are capable
of interfacing with the State data collec-
tion system that collects information re-
lating to child abuse and neglect;
(iii) to the extent practicable, have the
capability of interfacing with, and retriev-
ing information from, the State data col-
lection system that collects information
relating to the eligibility of individuals
under part A (for the purposes of facili-
tating verification of eligibility of foster
children); and
(iv) are determined by the Secretary to
be likely to provide more efficient, eco-
nomical, and effective administration of
the programs carried out under a State
plan approved under part B or this part;
and
(D) 50 percent of so much of such expendi-
tures as are for the operation of the state-
wide mechanized data collection and infor-
mation retrieval systems referred to in sub-
paragraph (C); and
(E) one-half of the remainder of such ex-
penditures; plus
(4) an amount equal to the amount (if any)
by which—
(A) the lesser of—
(i) 80 percent of the amounts expended by
the State during the fiscal year in which
the quarter occurs to carry out programs
in accordance with the State application
approved under section 677(b) of this title
for the period in which the quarter occurs
(including any amendment that meets the
requirements of section 677(b)(5) of this
title); or
(ii) the amount allotted to the State
under section 677(c)(1) of this title for the
fiscal year in which the quarter occurs, re-
duced by the total of the amounts payable
to the State under this paragraph for all
prior quarters in the fiscal year; exceeds
(B) the total amount of any penalties as-
sessed against the State under section 677(e)
of this title during the fiscal year in which
the quarter occurs; plus
(5) an amount equal to the percentage by
which the expenditures referred to in para-
graph (2) of this subsection are reimbursed of
the total amount expended during such quar-
ter as kinship guardianship assistance pay-
ments under section 673(d) of this title pursu-
ant to kinship guardianship assistance agree-
ments; plus
(6) subject to section 671(e) of this title—
(A) for each quarter—
(i) subject to clause (ii)—
(I) beginning after September 30, 2019,
and before October 1, 2026, an amount
equal to 50 percent of the total amount
expended during the quarter for the pro-
vision of services or programs specified
in subparagraph (A) or (B) of section
671(e)(1) of this title that are provided in
accordance with promising, supported, or
well-supported practices that meet the
applicable criteria specified for the prac-
tices in section 671(e)(4)(C) of this title;
and
(II) beginning after September 30, 2026,
an amount equal to the Federal medical
assistance percentage (which shall be as
defined in section 1396d(b) of this title, in
the case of a State other than the Dis-
trict of Columbia, or 70 percent, in the
case of the District of Columbia) of the
total amount expended during the quar-
ter for the provision of services or pro-
grams specified in subparagraph (A) or
(B) of section 671(e)(1) of this title that
are provided in accordance with prom-
ising, supported, or well-supported prac-
tices that meet the applicable criteria
specified for the practices in section
671(e)(4)(C) of this title (or, with respect
to the payments made during the quar-
ter under a cooperative agreement or
contract entered into by the State and
an Indian tribe, tribal organization, or
tribal consortium for the administration
or payment of funds under this part, an
amount equal to the Federal medical as-
sistance percentage that would apply
under section 679c(d) of this title (in this
paragraph referred to as the ‘‘tribal
FMAP’’) if the Indian tribe, tribal orga-
nization, or tribal consortium made the
payments under a program operated
under that section, unless the tribal
FMAP is less than the Federal medical
assistance percentage that applies to the
State); except that
(ii) not less than 50 percent of the total
amount expended by a State under clause
(i) for a fiscal year shall be for the provi-
sion of services or programs specified in
subparagraph (A) or (B) of section 671(e)(1)
of this title that are provided in accord-
ance with well-supported practices; plus
(B) for each quarter specified in subpara-
graph (A), an amount equal to the sum of
the
following
proportions
of
the
total
amount expended during the quarter—
(i) 50 percent of so much of the expendi-
tures as are found necessary by the Sec-
retary for the proper and efficient admin-
istration of the State plan for the provi-
sion of services or programs specified in
section 671(e)(1) of this title, including ex-
penditures for activities approved by the
Secretary that promote the development
of necessary processes and procedures to
establish and implement the provision of
the services and programs for individuals
Page 2396
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 674
who are eligible for the services and pro-
grams and expenditures attributable to
data collection and reporting; and
(ii) 50 percent of so much of the expendi-
tures with respect to the provision of serv-
ices and programs specified in section
671(e)(1) of this title as are for training of
personnel employed or preparing for em-
ployment by the State agency or by the
local agency administering the plan in the
political subdivision and of the members of
the staff of State-licensed or State-ap-
proved child welfare agencies providing
services to children described in section
671(e)(2) of this title and their parents or
kin caregivers, including on how to deter-
mine who are individuals eligible for the
services or programs, how to identify and
provide appropriate services and programs,
and how to oversee and evaluate the ongo-
ing appropriateness of the services and
programs; plus
(7) an amount equal to 50 percent of the
amounts expended by the State during the
quarter as the Secretary determines are for
kinship navigator programs that meet the re-
quirements described in section 627(a)(1) of
this title and that the Secretary determines
are operated in accordance with promising,
supported, or well-supported practices that
meet the applicable criteria specified for the
practices in section 671(e)(4)(C) of this title,
without regard to whether the expenditures
are incurred on behalf of children who are, or
are potentially, eligible for foster care mainte-
nance payments under this part.
(b) Quarterly estimates of State’s entitlement for
next quarter; payments; United States’ pro
rata share of amounts recovered as overpay-
ment; allowance, disallowance, or deferral of
claim
(1) The Secretary shall, prior to the beginning
of each quarter, estimate the amount to which a
State will be entitled under subsection (a) for
such quarter, such estimates to be based on (A)
a report filed by the State containing its esti-
mate of the total sum to be expended in such
quarter in accordance with subsection (a), and
stating the amount appropriated or made avail-
able by the State and its political subdivisions
for such expenditures in such quarter, and if
such amount is less than the State’s propor-
tionate share of the total sum of such estimated
expenditures, the source or sources from which
the difference is expected to be derived, (B)
records showing the number of children in the
State receiving assistance under this part, and
(C) such other investigation as the Secretary
may find necessary.
(2) The Secretary shall then pay to the State,
in such installments as he may determine, the
amounts so estimated, reduced or increased to
the extent of any overpayment or underpayment
which the Secretary determines was made under
this section to such State for any prior quarter
and with respect to which adjustment has not
already been made under this subsection.
(3) The pro rata share to which the United
States is equitably entitled, as determined by
the Secretary, of the net amount recovered dur-
ing any quarter by the State or any political
subdivision thereof with respect to foster care
and adoption assistance furnished under the
State plan shall be considered an overpayment
to be adjusted under this subsection.
(4)(A) Within 60 days after receipt of a State
claim for expenditures pursuant to subsection
(a), the Secretary shall allow, disallow, or defer
such claim.
(B) Within 15 days after a decision to defer
such a State claim, the Secretary shall notify
the State of the reasons for the deferral and of
the additional information necessary to deter-
mine the allowability of the claim.
(C) Within 90 days after receiving such nec-
essary information (in readily reviewable form),
the Secretary shall—
(i) disallow the claim, if able to complete
the review and determine that the claim is not
allowable, or
(ii) in any other case, allow the claim, sub-
ject to disallowance (as necessary)—
(I) upon completion of the review, if it is
determined that the claim is not allowable;
or
(II) on the basis of findings of an audit or
financial management review.
(c) Automated data collection expenditures
The Secretary shall treat as necessary for the
proper and efficient administration of the State
plan all expenditures of a State necessary in
order for the State to plan, design, develop, in-
stall, and operate data collection and informa-
tion retrieval systems described in subsection
(a)(3)(C), without regard to whether the systems
may be used with respect to foster or adoptive
children other than those on behalf of whom fos-
ter care maintenance payments or adoption as-
sistance payments may be made under this part.
(d) Reduction for violation of plan requirement
(1) If, during any quarter of a fiscal year, a
State’s program operated under this part is
found, as a result of a review conducted under
section 1320a–2a of this title, or otherwise, to
have violated paragraph (18) or (23) of section
671(a) of this title with respect to a person or to
have failed to implement a corrective action
plan within a period of time not to exceed 6
months with respect to such violation, then,
notwithstanding subsection (a) of this section
and any regulations promulgated under section
1320a–2a(b)(3) of this title, the Secretary shall
reduce the amount otherwise payable to the
State under this part, for that fiscal year quar-
ter and for any subsequent quarter of such fiscal
year, until the State program is found, as a re-
sult of a subsequent review under section
1320a–2a of this title, to have implemented a cor-
rective action plan with respect to such viola-
tion, by—
(A) 2 percent of such otherwise payable
amount, in the case of the 1st such finding for
the fiscal year with respect to the State;
(B) 3 percent of such otherwise payable
amount, in the case of the 2nd such finding for
the fiscal year with respect to the State; or
(C) 5 percent of such otherwise payable
amount, in the case of the 3rd or subsequent
such finding for the fiscal year with respect to
the State.
Page 2397
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 674
1 See References in Text note below.
In imposing the penalties described in this para-
graph, the Secretary shall not reduce any fiscal
year payment to a State by more than 5 percent.
(2) Any other entity which is in a State that
receives funds under this part and which vio-
lates paragraph (18) or (23) of section 671(a) of
this title during a fiscal year quarter with re-
spect to any person shall remit to the Secretary
all funds that were paid by the State to the enti-
ty during the quarter from such funds.
(3)(A) Any individual who is aggrieved by a
violation of section 671(a)(18) of this title by a
State or other entity may bring an action seek-
ing relief from the State or other entity in any
United States district court.
(B) An action under this paragraph may not be
brought more than 2 years after the date the al-
leged violation occurred.
(4) This subsection shall not be construed to
affect the application of the Indian Child Wel-
fare Act of 1978 [25 U.S.C. 1901 et seq.].
(e) Discretionary grants for educational and
training vouchers for youths aging out of fos-
ter care
From amounts appropriated pursuant to sec-
tion 677(h)(2) of this title, the Secretary may
make a grant to a State with a plan approved
under this part, for a calendar quarter, in an
amount equal to the lesser of—
(1) 80 percent of the amounts expended by
the State during the quarter to carry out pro-
grams for the purposes described in section
677(a)(6) 1 of this title; or
(2) the amount, if any, allotted to the State
under section 677(c)(3) of this title for the fis-
cal year in which the quarter occurs, reduced
by the total of the amounts payable to the
State under this subsection for such purposes
for all prior quarters in the fiscal year.
(f) Reduction for failure to submit required data
(1) If the Secretary finds that a State has
failed to submit to the Secretary data, as re-
quired by regulation, for the data collection sys-
tem implemented under section 679 of this title,
the Secretary shall, within 30 days after the
date by which the data was due to be so sub-
mitted, notify the State of the failure and that
payments to the State under this part will be re-
duced if the State fails to submit the data, as so
required, within 6 months after the date the
data was originally due to be so submitted.
(2) If the Secretary finds that the State has
failed to submit the data, as so required, by the
end of the 6-month period referred to in para-
graph (1) of this subsection, then, notwith-
standing subsection (a) of this section and any
regulations
promulgated
under
section
1320a–2a(b)(3) of this title, the Secretary shall
reduce the amounts otherwise payable to the
State under this part, for each quarter ending in
the 6-month period (and each quarter ending in
each subsequent consecutively occurring 6-
month period until the Secretary finds that the
State has submitted the data, as so required),
by—
(A) 1⁄6 of 1 percent of the total amount ex-
pended by the State for administration of fos-
ter care activities under the State plan ap-
proved under this part in the quarter so end-
ing, in the case of the 1st 6-month period dur-
ing which the failure continues; or
(B) 1⁄4 of 1 percent of the total amount so ex-
pended, in the case of the 2nd or any subse-
quent such 6-month period.
(g) Continued services under waiver
For purposes of this part, after the termi-
nation of a demonstration project relating to
guardianship conducted by a State under section
1320a–9 of this title, the expenditures of the
State for the provision, to children who, as of
September 30, 2008, were receiving assistance or
services under the project, of the same assist-
ance and services under the same terms and con-
ditions that applied during the conduct of the
project, are deemed to be expenditures under the
State plan approved under this part.
(Aug. 14, 1935, ch. 531, title IV, § 474, as added
Pub. L. 96–272, title I, § 101(a)(1), June 17, 1980, 94
Stat. 506; amended Pub. L. 96–611, § 3, Dec. 28,
1980, 94 Stat. 3567; Pub. L. 98–369, div. B, title VI,
§ 2663(c)(18), July 18, 1984, 98 Stat. 1167; Pub. L.
98–617, § 4(a), (b), Nov. 8, 1984, 98 Stat. 3296, 3297;
Pub. L. 99–272, title XII, §§ 12306(a), (b), 12307(c),
Apr. 7, 1986, 100 Stat. 294, 296; Pub. L. 99–514, title
XVIII, § 1883(b)(9), Oct. 22, 1986, 100 Stat. 2917;
Pub. L. 100–203, title IX, § 9132(a), Dec. 22, 1987,
101 Stat. 1330–313; Pub. L. 101–239, title VIII,
§§ 8001(a), 8002(c), 8006(a), title X, §§ 10401(a),
10402(a), 10403(c)(1), Dec. 19, 1989, 103 Stat. 2452,
2453, 2461, 2487, 2488; Pub. L. 101–508, title V,
§ 5071(a), Nov. 5, 1990, 104 Stat. 1388–233; Pub. L.
103–66, title XIII, § 13713(a)(1), (2), (b)(1), Aug. 10,
1993, 107 Stat. 656, 657; Pub. L. 103–432, title II,
§§ 207(a), (b), 210(a), Oct. 31, 1994, 108 Stat. 4457,
4460; Pub. L. 104–188, title I, § 1808(b), Aug. 20,
1996, 110 Stat. 1903; Pub. L. 105–89, title II,
§ 202(b), Nov. 19, 1997, 111 Stat. 2125; Pub. L.
105–200, title III, § 301(b), (c), title IV, § 410(g),
July 16, 1998, 112 Stat. 658, 674; Pub. L. 106–169,
title I, § 101(c), Dec. 14, 1999, 113 Stat. 1828; Pub.
L. 107–133, title II, § 201(f), Jan. 17, 2002, 115 Stat.
2424; Pub. L. 108–145, § 4, Dec. 2, 2003, 117 Stat.
1881; Pub. L. 109–171, title VII, § 7403(b), Feb. 8,
2006, 120 Stat. 151; Pub. L. 110–275, title III,
§ 302(a), July 15, 2008, 122 Stat. 2594; Pub. L.
110–351, title I, § 101(c)(3), (d), title II, § 203(a),
title III, § 301(c)(2), Oct. 7, 2008, 122 Stat. 3952,
3953, 3959, 3970; Pub. L. 115–123, div. E, title VII,
§§ 50711(c), 50712(b), 50713, 50741(a)(2), Feb. 9, 2018,
132 Stat. 240, 245, 255; Pub. L. 118–258, title I,
§ 110(b)(3), Jan. 4, 2025, 138 Stat. 2961.)
AMENDMENT OF SUBSECTION (a)(7)
Pub. L. 118–258, title I, §§ 110(b)(3), 117, Jan.
4, 2025, 138 Stat. 2961, 2969, provided that, effec-
tive Oct. 1, 2025, and applicable to payments
under this part for calendar quarters beginning
on or after such date, with delay permitted if ei-
ther State legislation or tribal action is required
to meet additional requirements, subsection
(a)(7) of this section is amended by striking
‘‘627(a)(1)’’ and inserting ‘‘627(a)’’. See 2025
Amendment note below.
Editorial Notes
REFERENCES IN TEXT
The Indian Child Welfare Act of 1978, referred to in
subsec. (d)(4), is Pub. L. 95–608, Nov. 8, 1978, 92 Stat.
Page 2398
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 674
3069, which is classified principally 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 section 1901 of Title 25 and Tables.
Section 677(a)(6) of this title, referred to in subsec.
(e)(1), was redesignated section 677(a)(5) of this title by
Pub. L. 115–123, div. E, title VII, § 50753(d)(2)(D), Feb. 9,
2018, 132 Stat. 265.
AMENDMENTS
2025—Subsec. (a)(7). Pub. L. 118–258 substituted ‘‘sec-
tion 627(a) of this title’’ for ‘‘section 627(a)(1) of this
title’’.
2018—Subsec. (a)(1). Pub. L. 115–123, § 50741(a)(2), sub-
stituted ‘‘subsections (j) and (k) of section 672 of this
title’’ for ‘‘section 672(j) of this title’’.
Pub. L. 115–123, § 50712(b), inserted ‘‘subject to section
672(j) of this title,’’ before ‘‘an amount equal to the
Federal’’ the first place appearing.
Subsec. (a)(5). Pub. L. 115–123, § 50711(c)(1), substituted
‘‘; plus’’ for period at end.
Subsec. (a)(6). Pub. L. 115–123, § 50713(1), substituted
‘‘; plus’’ for period at end.
Pub. L. 115–123, § 50711(c)(2), added par. (6).
Subsec. (a)(7). Pub. L. 115–123, § 50713(2), added par. (7).
2008—Subsec. (a)(1), (2). Pub. L. 110–351, § 301(c)(2), in-
serted ‘‘(or, with respect to such payments made during
such quarter under a cooperative agreement or con-
tract entered into by the State and an Indian tribe,
tribal organization, or tribal consortium for the admin-
istration or payment of funds under this part, an
amount equal to the Federal medical assistance per-
centage that would apply under section 679c(d) of this
title (in this paragraph referred to as the ‘tribal
FMAP’) if such Indian tribe, tribal organization, or
tribal consortium made such payments under a pro-
gram operated under that section, unless the tribal
FMAP is less than the Federal medical assistance per-
centage that applies to the State)’’ before semicolon.
Pub. L. 110–275 substituted ‘‘(which shall be as defined
in section 1396d(b) of this title, in the case of a State
other than the District of Columbia, or 70 percent, in
the case of the District of Columbia)’’ for ‘‘(as defined
in section 1396d(b) of this title)’’.
Subsec. (a)(3)(B). Pub. L. 110–351, § 203(a), inserted ‘‘or
relative guardians’’ after ‘‘adoptive parents’’, sub-
stituted ‘‘, the members’’ for ‘‘and the members’’, in-
serted ‘‘, or State-licensed or State-approved child wel-
fare agencies providing services,’’ after ‘‘providing
care’’, struck out ‘‘foster and adopted’’ before ‘‘children
receiving assistance’’, inserted ‘‘and members of the
staff of abuse and neglect courts, agency attorneys, at-
torneys representing children or parents, guardians ad
litem, or other court-appointed special advocates rep-
resenting children in proceedings of such courts,’’ after
‘‘part,’’, inserted ‘‘guardians,’’ before ‘‘staff members,’’,
substituted ‘‘institutions, attorneys, and advocates’’
for ‘‘and institutions’’, and inserted ‘‘and children liv-
ing with relative guardians’’ before ‘‘, whether incurred
directly’’.
Subsec. (a)(4). Pub. L. 110–351, § 101(c)(3)(A), sub-
stituted ‘‘; plus’’ for period at end.
Subsec. (a)(5). Pub. L. 110–351, § 101(c)(3)(B), added par.
(5).
Subsec. (g). Pub. L. 110–351, § 101(d), added subsec. (g).
2006—Subsec. (a)(3). Pub. L. 109–171 inserted ‘‘subject
to section 672(i) of this title’’ before ‘‘an amount equal
to’’ in introductory provisions.
2003—Subsec. (f). Pub. L. 108–145 added subsec. (f).
2002—Subsec. (a)(4). Pub. L. 107–133, § 201(f)(1), amend-
ed par. (4) generally. Prior to amendment, par. (4) read
as follows: ‘‘the lesser of—
‘‘(A) 80 percent of the amount (if any) by which—
‘‘(i) the total amount expended by the State dur-
ing the fiscal year in which the quarter occurs to
carry out programs in accordance with the State
application approved under section 677(b) of this
title for the period in which the quarter occurs (in-
cluding any amendment that meets the require-
ments of section 677(b)(5) of this title); exceeds
‘‘(ii) the total amount of any penalties assessed
against the State under section 677(e) of this title
during the fiscal year in which the quarter occurs;
or
‘‘(B) the amount allotted to the State under section
677 of this title for the fiscal year in which the quar-
ter occurs, reduced by the total of the amounts pay-
able to the State under this paragraph for all prior
quarters in the fiscal year.’’
Subsec. (e). Pub. L. 107–133, § 201(f)(2), added subsec.
(e).
1999—Subsec. (a)(4). Pub. L. 106–169 amended par. (4)
generally. Prior to amendment, par. (4) read as follows:
‘‘an amount equal to the sum of—
‘‘(A) so much of the amounts expended by such
State to carry out programs under section 677 of this
title as do not exceed the basic amount for such State
determined under section 677(e)(1) of this title; and
‘‘(B) the lesser of—
‘‘(i) one-half of any additional amounts expended
by such State for such programs; or
‘‘(ii) the maximum additional amount for such
State under such section 677(e)(1) of this title.’’
1998—Subsec. (a). Pub. L. 105–200, § 410(g), struck out
‘‘(subject to the limitations imposed by subsection (b)
of this section)’’ after ‘‘this part’’ in introductory pro-
visions.
Subsec. (d)(1), (2). Pub. L. 105–200, § 301(b), substituted
‘‘paragraph (18) or (23) of section 671(a) of this title’’ for
‘‘section 671(a)(18) of this title’’.
Subsec. (e). Pub. L. 105–200, § 301(c), struck out subsec.
(e) which read as follows: ‘‘Notwithstanding subsection
(a) of this section, a State shall not be eligible for any
payment under this section if the Secretary finds that,
after November 19, 1997, the State has—
‘‘(1) denied or delayed the placement of a child for
adoption when an approved family is available out-
side of the jurisdiction with responsibility for han-
dling the case of the child; or
‘‘(2) failed to grant an opportunity for a fair hear-
ing, as described in section 671(a)(12) of this title, to
an individual whose allegation of a violation of para-
graph (1) of this subsection is denied by the State or
not acted upon by the State with reasonable prompt-
ness.’’
1997—Subsec. (e). Pub. L. 105–89 added subsec. (e).
1996—Subsec. (d). Pub. L. 104–188 added subsec. (d).
1994—Subsec. (b). Pub. L. 103–432, § 207(a), (b)(2), redes-
ignated subsec. (d) as (b) and struck out former subsec.
(b) which related to maximum aggregate sums payable
to any State and State allotments for fiscal years 1981
to 1992.
Subsec. (b)(4). Pub. L. 103–432, § 210(a), added par. (4).
Subsec. (c). Pub. L. 103–432, § 207(a), (b)(2), redesig-
nated subsec. (e) as (c) and struck out former subsec.
(c) which related to reimbursement for expenditures.
Subsec. (d). Pub. L. 103–432, § 207(b)(2), redesignated
subsec. (d) as (b).
Subsec. (d)(1). Pub. L. 103–432, § 207(b)(1), substituted
‘‘subsection (a) for such quarter’’ for ‘‘subsections (a),
(b), and (c) for such quarter’’ and ‘‘subsection (a)’’ for
‘‘the provisions of such subsections’’.
Subsec. (e). Pub. L. 103–432, § 207(b)(2), redesignated
subsec. (e) as (c).
1993—Subsec. (a)(3)(B). Pub. L. 103–66, § 13713(a)(1)(A),
struck out ‘‘and’’ at end.
Subsec. (a)(3)(C). Pub. L. 103–66, § 13713(b)(1), sub-
stituted ‘‘50 percent’’ for ‘‘75 percent’’ in two places in
introductory provisions.
Pub. L. 103–66, § 13713(a)(1)(C), added subpar. (C).
Former subpar. (C) redesignated (E).
Subsec. (a)(3)(D), (E). Pub. L. 103–66, § 13713(a)(1)(B),
(C), added subpar. (D) and redesignated former subpar.
(C) as (E).
Subsec. (e). Pub. L. 103–66, § 13713(a)(2), added subsec.
(e).
1990—Subsec. (a)(3). Pub. L. 101–508 inserted ‘‘provi-
sion of child placement services and for the’’ before
‘‘proper and efficient’’.
1989—Subsec. (a)(3)(B), (C). Pub. L. 101–239, § 8006(a),
added subpar. (B) and redesignated former subpar. (B)
as (C).
Page 2399
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 674
Subsec. (a)(4). Pub. L. 101–239, § 8002(c), amended par.
(4) generally. Prior to amendment, par. (4) read as fol-
lows: ‘‘an amount for transitional independent living
programs as provided in section 677 of this title.’’
Subsec. (b)(1). Pub. L. 101–239, § 10403(c)(1), amended
Pub. L. 98–617, § 4(a)(1), see 1984 Amendment note below.
Pub. L. 101–239, § 8001(a), substituted ‘‘through 1992’’
for ‘‘through 1989’’.
Subsec. (b)(2)(A)(iv). Pub. L. 101–239, § 10402(a), added
cl. (iv).
Subsec. (b)(2)(B). Pub. L. 101–239, § 10403(c)(1), amend-
ed Pub. L. 98–617, § 4(a)(1), see 1984 Amendment note
below.
Pub. L. 101–239, § 8001(a), substituted ‘‘through 1992’’
for ‘‘through 1989’’.
Subsec. (b)(4)(B). Pub. L. 101–239, § 10403(c)(1), amend-
ed Pub. L. 98–617, § 4(a)(1), see 1984 Amendment note
below.
Pub. L. 101–239, § 8001(a), substituted ‘‘through 1992’’
for ‘‘through 1989’’.
Subsec. (b)(5)(A). Pub. L. 101–239, § 8001(a), substituted
‘‘1992’’ for ‘‘1989’’ in introductory provisions and in cl.
(ii).
Subsec. (c)(1), (2). Pub. L. 101–239, § 8001(a), sub-
stituted ‘‘through 1992’’ for ‘‘through 1989’’.
Subsec. (c)(4)(B), (C). Pub. L. 101–239, § 10401(a), sub-
stituted ‘‘$325,000,000’’ for ‘‘$266,000,000’’.
1987—Subsec. (b)(1), (2)(A)(iii), (B), (4)(B). Pub. L.
100–203, § 9132(a)(1), substituted ‘‘through 1989’’ for
‘‘through 1987’’.
Subsec. (b)(5)(A). Pub. L. 100–203, § 9132(a)(1), (2), sub-
stituted ‘‘October 1, 1989’’ for ‘‘October 1, 1987’’ in intro-
ductory provisions and ‘‘through 1989’’ for ‘‘through
1987’’ in cl. (ii).
Subsec. (c)(1), (2). Pub. L. 100–203, § 9132(a)(3), sub-
stituted ‘‘through 1989’’ for ‘‘through 1987’’.
1986—Subsec. (a)(3). Pub. L. 99–272, § 12307(c)(1), sub-
stituted ‘‘; plus’’ for period at end.
Subsec. (a)(4). Pub. L. 99–514 realigned margins of par.
(4).
Pub. L. 99–272, § 12307(c)(2), added par. (4).
Subsec. (b)(1). Pub. L. 99–272, § 12306(a)(1), substituted
‘‘1987’’ for ‘‘1985’’.
Subsec. (b)(2)(A). Pub. L. 99–272, § 12306(a)(2), sub-
stituted in cl. (iii) ‘‘each of the fiscal years 1983
through 1987’’ for ‘‘fiscal year 1983’’, and struck out cls.
(iv) and (v) relating to limitations with respect to fis-
cal years 1984 and 1985, respectively, if the appropria-
tion for each of those years is equal to $266,000,000.
Subsec. (b)(2)(B), (4)(B). Pub. L. 99–272, § 12306(a)(1),
substituted ‘‘1987’’ for ‘‘1985’’.
Subsec. (b)(5)(A). Pub. L. 99–272, § 12306(a)(3), sub-
stituted ‘‘October 1, 1987’’ for ‘‘October 1, 1985’’ in intro-
ductory provision, and in cl. (ii) substituted ‘‘1984
through 1987’’ for ‘‘1984 and 1985’’.
Subsec. (c)(1), (2). Pub. L. 99–272, § 12306(b), sub-
stituted ‘‘1987’’ for ‘‘1985’’.
1984—Subsec. (b)(1). Pub. L. 98–617, § 4(a)(1)(A), for-
merly § 4(a)(1), as redesignated and amended by Pub. L.
101–239, § 10403(c)(1), substituted ‘‘1985’’ for ‘‘1984’’ after
‘‘1981 through’’.
Subsec. (b)(2)(A)(v). Pub. L. 98–617, § 4(a)(2), added cl.
(v).
Subsec. (b)(2)(B). Pub. L. 98–617, § 4(a)(1)(B), formerly
§ 4(a)(1), as redesignated and amended by Pub. L.
101–239, § 10403(c)(1), substituted ‘‘1981 through 1985’’ for
‘‘1982 through 1984’’.
Subsec. (b)(4)(A). Pub. L. 98–369, § 2663(c)(18)(A), sub-
stituted ‘‘subparagraph (C)’’ for ‘‘subparagraph (c)’’.
Subsec. (b)(4)(B). Pub. L. 98–617, § 4(a)(1)(A), formerly
§ 4(a)(1), as redesignated and amended by Pub. L.
101–239, § 10403(c)(1), substituted ‘‘1985’’ for ‘‘1984’’ after
‘‘1981 through’’.
Subsec. (b)(5)(A). Pub. L. 98–617, § 4(a)(3)(A), sub-
stituted ‘‘October 1, 1985’’ for ‘‘October 1, 1984’’.
Subsec. (b)(5)(A)(ii). Pub. L. 98–617, § 4(a)(3)(B), sub-
stituted ‘‘each of fiscal years 1984 and 1985’’ for ‘‘fiscal
year 1984’’.
Subsec. (c)(1), (2). Pub. L. 98–617, § 4(b), substituted
‘‘1985’’ for ‘‘1984’’ after ‘‘1981 through’’.
Pub. L. 98–369, § 2663(c)(18)(B), substituted ‘‘relevant’’
for ‘‘relvant’’.
Subsec. (d)(1). Pub. L. 98–369, § 2663(c)(18)(C), sub-
stituted ‘‘and (C) such’’ for ‘‘and (c) such’’ and ‘‘Sec-
retary may find’’ for ‘‘secretary may find’’.
1980—Subsec. (d). Pub. L. 96–611 added subsec. (d).
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2025 AMENDMENT
Amendment by Pub. L. 118–258 effective Oct. 1, 2025,
and applicable to payments 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 a note under section 622
of this title.
EFFECTIVE DATE OF 2019 AMENDMENT
Pub. L. 116–94, div. N, title I, § 602(g), Dec. 20, 2019, 133
Stat. 3123, provided that: ‘‘This section [enacting provi-
sions set out as notes under this section and section
1305 of this title, and amending provisions set out as a
note under section 1305 of this title] and the amend-
ments made by this section shall take effect as if in-
cluded in the Bipartisan Budget Act of 2018 [Pub. L.
115–123] on the date of the enactment of such Act [Feb.
9, 2018].’’
EFFECTIVE DATE OF 2018 AMENDMENT
Amendment by sections 50711(c), 50712(b), and 50713 of
Pub. L. 115–123 effective Oct. 1, 2018, subject to transi-
tion rules for required State legislation or tribal ac-
tion, see section 50734 of Pub. L. 115–123, set out as a
note under section 622 of this title.
Amendment by section 50741(a)(2) of Pub. L. 115–123
effective Oct. 1, 2019, with State option to delay effec-
tive date for not more than 2 years and subject to State
waiver provisions, see section 50746 of Pub. L. 115–123,
set out as a note under section 622 of this title.
EFFECTIVE DATE OF 2008 AMENDMENT
Amendment by section 301(c)(2) of Pub. L. 110–351 ef-
fective Oct. 1, 2009, without regard to whether imple-
menting regulations have been promulgated, see sec-
tion 301(f) of Pub. L. 110–351, set out as a note under
section 671 of this title.
Amendment by Pub. L. 110–351 effective Oct. 7, 2008,
except as otherwise provided, and applicable to pay-
ments under this part and part B of this subchapter for
quarters beginning on or after effective date of amend-
ment, with delay permitted if State legislation is re-
quired to meet additional requirements, see section 601
of Pub. L. 110–351, set out as a note under section 671 of
this title.
Pub. L. 110–275, title III, § 302(b), July 15, 2008, 122
Stat. 2594, provided that: ‘‘The amendment made by
subsection (a) [amending this section] shall take effect
on October 1, 2008, and shall apply to calendar quarters
beginning on or after that date.’’
EFFECTIVE DATE OF 2006 AMENDMENT
Amendment by Pub. L. 109–171 effective as if enacted
on Oct. 1, 2005, except as otherwise provided, see section
7701 of Pub. L. 109–171, set out as a note under section
603 of this title.
EFFECTIVE DATE OF 2003 AMENDMENT
Amendment by Pub. L. 108–145 effective Oct. 1, 2003,
see section 5 of Pub. L. 108–145, set out as a note under
section 673b of this title.
EFFECTIVE DATE OF 2002 AMENDMENT
Amendment by Pub. L. 107–133 effective Jan. 17, 2002,
with delay permitted if State legislation is required,
see section 301 of Pub. L. 107–133, set out as a note
under section 629 of this title.
EFFECTIVE DATE OF 1998 AMENDMENT
Amendment by section 301(b), (c) of Pub. L. 105–200 ef-
fective as if included in the enactment of section 202 of
Page 2400
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 674
the Adoption and Safe Families Act of 1997, Pub. L.
105–89, see section 301(d) of Pub. L. 105–200, set out as a
note under section 671 of this title.
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 OF 1994 AMENDMENT
Pub. L. 103–432, title II, § 207(c), Oct. 31, 1994, 108 Stat.
4457, provided that: ‘‘The amendments and repeals
made by this section [amending this section] shall
apply to payments for calendar quarters beginning on
or after October 1, 1993.’’
Pub. L. 103–432, title II, § 210(b), Oct. 31, 1994, 108 Stat.
4460, provided that: ‘‘The amendment made by sub-
section (a) [amending this section] shall be effective
with respect to claims made on or after the date of the
enactment of this Act [Oct. 31, 1994].’’
EFFECTIVE DATE OF 1993 AMENDMENT
Pub. L. 103–66, title XIII, § 13713(a)(3), Aug. 10, 1993, 107
Stat. 657, provided that: ‘‘The amendments made by
this subsection [amending this section] shall take ef-
fect on October 1, 1993.’’
Pub. L. 103–66, title XIII, § 13713(b)(2), Aug. 10, 1993, 107
Stat. 657, as amended by Pub. L. 104–193, title V, § 502,
Aug. 22, 1996, 110 Stat. 2277, provided that: ‘‘The amend-
ment made by paragraph (1) [amending this section]
shall apply to expenditures during fiscal years begin-
ning on or after October 1, 1997.’’
EFFECTIVE DATE OF 1990 AMENDMENT
Pub. L. 101–508, title V, § 5071(b), Nov. 5, 1990, 104 Stat.
1388–233, provided that: ‘‘The amendment made by sub-
section (a) [amending this section] shall take effect on
the date of the enactment of this Act [Nov. 5, 1990].’’
EFFECTIVE DATE OF 1989 AMENDMENT
Pub. L. 101–239, title VIII, § 8001(b), Dec. 19, 1989, 103
Stat. 2452, provided that: ‘‘The amendments made by
subsection (a) [amending this section] shall take effect
on October 1, 1989.’’
Pub. L. 101–239, title VIII, § 8002(e), Dec. 19, 1989, 103
Stat. 2453, provided that: ‘‘The amendments made by
subsections (a), (b) and (c) [amending this section and
section 677 of this title] shall take effect October 1,
1989.’’
Pub. L. 101–239, title VIII, § 8006(b), Dec. 19, 1989, 103
Stat. 2462, as amended by Pub. L. 103–66, title XIII,
§ 13715, Aug. 10, 1993, 107 Stat. 657, provided that: ‘‘The
amendments made by subsection (a) [amending this
section] shall apply to expenditures made on or after
October 1, 1989, and before October 1, 1992, and to ex-
penditures made on or after October 1, 1993.’’
Pub. L. 101–239, title X, § 10401(b), Dec. 19, 1989, 103
Stat. 2487, provided that: ‘‘The amendments made by
subsection (a) [amending this section and former sec-
tions 620 and 627 of this title] shall take effect on Octo-
ber 1, 1989.’’
Pub. L. 101–239, title X, § 10402(b), Dec. 19, 1989, 103
Stat. 2487, provided that: ‘‘The amendments made by
subsection (a) [amending this section] shall take effect
on October 1, 1989.’’
Pub. L. 101–239, title X, § 10403(c)(2), Dec. 19, 1989, 103
Stat. 2488, provided that: ‘‘The amendment made by
paragraph (1) of this subsection [amending this section]
shall take effect as if included in section 4 of Public
Law 98-617 at the time such section became law [en-
acted Nov. 8, 1974].’’
EFFECTIVE DATE OF 1987 AMENDMENT
Pub. L. 100–203, title IX, § 9132(b), Dec. 22, 1987, 101
Stat. 1330–314, provided that: ‘‘The amendments made
by subsection (a) [amending this section] shall become
effective October 1, 1987.’’
EFFECTIVE DATE OF 1984 AMENDMENT
Amendment by Pub. L. 98–369 effective July 18, 1984,
but not to be construed as changing or affecting any
right, liability, status, or interpretation which existed
(under the provisions of law involved) before that date,
see section 2664(b) of Pub. L. 98–369, set out as a note
under section 401 of this title.
CONSTRUCTION OF 2008 AMENDMENT
For construction of amendment by section 301(c)(2) of
Pub. L. 110–351, see section 301(d) of Pub. L. 110–351, set
out as a note under section 671 of this title.
FAMILY FIRST PREVENTION SERVICES PROGRAM
PANDEMIC FLEXIBILITY
Pub. L. 116–260, div. X, § 5, Dec. 27, 2020, 134 Stat. 2413,
provided that: ‘‘During the COVID–19 public health
emergency period, each percentage specified in sub-
paragraphs (A)(i) and (B) of section 474(a)(6) of the So-
cial Security Act [42 U.S.C. 674(a)(6)] is deemed to be
100 percent.’’
[For definition of ‘‘COVID–19 public health emer-
gency period’’ as used in section 5 of div. X of Pub. L.
116–260, set out above, see section 2 of div. X of Pub. L.
116–260, set out as a note under section 629h of this
title.]
KINSHIP NAVIGATOR PROGRAMS PANDEMIC FLEXIBILITY
Pub. L. 116–260, div. X, § 8, Dec. 27, 2020, 134 Stat. 2414,
provided that:
‘‘(a) INAPPLICABILITY
OF MATCHING FUNDS REQUIRE-
MENTS.—During the COVID–19 public health emergency
period, the percentage specified in section 474(a)(7) of
the Social Security Act [42 U.S.C. 674(a)(7)] is deemed
to be 100 percent.
‘‘(b) WAIVER
OF
EVIDENCE
STANDARD.—During the
COVID–19 public health emergency period, the require-
ment in section 474(a)(7) of the Social Security Act that
the Secretary determine that a kinship navigator pro-
gram be operated in accordance with promising, sup-
ported, or well-supported practices that meet the appli-
cable criteria specified for the practices in section
471(e)(4)(C) of such Act [42 U.S.C. 671(e)(4)(C)] shall have
no force or effect, except that each State with such a
program shall provide the Secretary with an assurance
that the program will be, or is in the process of being,
evaluated for the purpose of building an evidence base
to later determine whether the program meets the cri-
teria set forth in such section 471(e)(4)(C).
‘‘(c) OTHER ALLOWABLE USES OF FUNDS.—A State may
use funds provided to carry out a kinship navigator
program—
‘‘(1) for evaluations, independent systematic re-
view, and related activities;
‘‘(2) to provide short-term support to kinship fami-
lies for direct services or assistance during the
COVID–19 public health emergency period; and
‘‘(3) to ensure that kinship caregivers have the in-
formation and resources to allow kinship families to
function at their full potential, including—
‘‘(A) ensuring that those who are at risk of con-
tracting COVID–19 have access to information and
resources for necessities, including food, safety sup-
plies, and testing and treatment for COVID–19;
‘‘(B) access to technology and technological sup-
ports needed for remote learning or other activities
that must be carried out virtually due to the
COVID–19 public health emergency;
‘‘(C) health care and other assistance, including
legal assistance and assistance with making alter-
native care plans for the children in their care if
the caregivers were to become unable to continue
caring for the children;
‘‘(D) services to kinship families, including kin-
ship families raising children outside of the foster
care system; and
‘‘(E) assistance to allow children to continue safe-
ly living with kin.
‘‘(d) TERRITORY CAP EXEMPTION.—Section 1108(a)(1) of
the Social Security Act [42 U.S.C. 1308(a)(1)] shall be
Page 2401
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 675
1 See References in Text note below.
applied without regard to any amount paid to a terri-
tory pursuant to this section that would not have been
paid to the territory in the absence of this section.’’
[For definitions of terms used in section 8 of div. X of
Pub. L. 116–260, set out above, see section 2 of div. X of
Pub. L. 116–260, set out as a note under section 629h of
this title.]
EVIDENCE STANDARD TRANSITION
Pub. L. 116–94, div. N, title I, § 602(b), Dec. 20, 2019, 133
Stat. 3120, provided that:
‘‘(1) TEMPORARY SUSPENSION OF REQUIREMENT THAT AT
LEAST 50 PERCENT OF A STATE’S REIMBURSEMENT FOR PRE-
VENTION AND FAMILY SERVICES AND PROGRAMS BE FOR
PROGRAMS
AND
SERVICES
THAT
MEET
THE
WELL-SUP-
PORTED PRACTICE REQUIREMENT.—With respect to quar-
ters in fiscal years 2020 and 2021, section 474(a)(6)(A) of
the Social Security Act (42 U.S.C. 674(a)(6)(A)) shall be
applied without regard to clause (ii) of such section.
‘‘(2) SUPPORTED PRACTICES TEMPORARILY TREATED AS
WELL-SUPPORTED PRACTICES.—With respect to quarters
in fiscal years 2022 and 2023, practices that meet the
criteria specified for supported practices in section
471(e)(4)(C) of the Social Security Act (42 U.S.C.
671(e)(4)(C)) shall be considered well-supported prac-
tices for purposes of section 474(a)(6)(A)(ii) of such Act
(42 U.S.C. 674(a)(6)(A)(ii)).’’
PHASE-IN
Pub. L. 110–351, title II, § 203(b), Oct. 7, 2008, 122 Stat.
3959, provided that: ‘‘With respect to an expenditure de-
scribed in section 474(a)(3)(B) of the Social Security Act
[42 U.S.C. 674(a)(3)(B)] by reason of an amendment made
by subsection (a) of this section [amending this sec-
tion], in lieu of the percentage set forth in such section
474(a)(3)(B), the percentage that shall apply is—
‘‘(1) 55 percent, if the expenditure is made in fiscal
year 2009;
‘‘(2) 60 percent, if the expenditure is made in fiscal
year 2010;
‘‘(3) 65 percent, if the expenditure is made in fiscal
year 2011; or
‘‘(4) 70 percent, if the expenditure is made in fiscal
year 2012.’’
§ 675. Definitions
As used in this part or part B of this sub-
chapter:
(1) The term ‘‘case plan’’ means a written
document which meets the requirements of
section 675a of this title and includes at least
the following:
(A) A description of the type of home or
institution in which a child is to be placed,
including a discussion of the safety and ap-
propriateness of the placement and how the
agency which is responsible for the child
plans to carry out the voluntary placement
agreement entered into or judicial deter-
mination made with respect to the child in
accordance with section 672(a)(1) 1 of this
title.
(B) A plan for assuring that the child re-
ceives safe and proper care and that services
are provided to the parents, child, and foster
parents in order to improve the conditions
in the parents’ home, facilitate return of the
child to his own safe home or the permanent
placement of the child, and address the
needs of the child while in foster care, in-
cluding a discussion of the appropriateness
of the services that have been provided to
the child under the plan. 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 ad-
dition to the plan, shall be developed in con-
sultation 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 case-
worker for, the child. A State may reject an
individual selected by a child to be a mem-
ber 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 inter-
ests 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 rea-
sonable and prudent parent standard to the
child.
(C) The health and education records of
the child, including the most recent infor-
mation available regarding—
(i) the names and addresses of the child’s
health and educational providers;
(ii) the child’s grade level performance;
(iii) the child’s school record;
(iv) a record of the child’s immuniza-
tions;
(v) the child’s known medical problems;
(vi) the child’s medications; and
(vii) any other relevant health and edu-
cation information concerning the child
determined to be appropriate by the State
agency.
(D) For a child who has attained 14 years
of age or over, a written description of the
programs and services which will help such
child prepare for the transition from foster
care to a successful adulthood.
(E) In the case of a child with respect to
whom the permanency plan is adoption or
placement in another permanent home, doc-
umentation of the steps the agency is taking
to find an adoptive family or other perma-
nent living arrangement for the child, to
place the child with an adoptive family, a fit
and willing relative, a legal guardian, or in
another planned permanent living arrange-
ment, and to finalize the adoption or legal
guardianship. At a minimum, such docu-
mentation shall include child specific re-
cruitment efforts such as the use of State,
regional, and national adoption exchanges
including electronic exchange systems to fa-
cilitate orderly and timely in-State and
interstate placements.
(F) In the case of a child with respect to
whom the permanency plan is placement
with a relative and receipt of kinship guard-
ianship assistance payments under section
673(d) of this title, a description of—
(i) the steps that the agency has taken
to determine that it is not appropriate for
the child to be returned home or adopted;
(ii) the reasons for any separation of sib-
lings during placement;
(iii) the reasons why a permanent place-
ment with a fit and willing relative
through a kinship guardianship assistance
arrangement is in the child’s best inter-
ests;
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Sense of Congress** It is the sense of Congress that the absence of locally convenient day schools may contribute to the breakup of Indian families.
**(b) Report to Congress; contents, etc.** The Secretary is authorized and directed to prepare, in consultation with appropriate agencies in the Department of Health and Human Services, a report on the feasibility of providing Indian children with schools located near their homes, and to submit such report to the Select Committee on Indian Affairs of the United States Senate and the Committee on Interior and Insular Affairs of the United States House of Representatives within two years from November 8, 1978. In developing this report the Secretary shall give particular consideration to the provision of educational facilities for children in the elementary grades.
Stored review status: release_metadata_unconfirmed. The source passage cites 25 U.S.C. § 1901. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 1901. Congressional findings
Recognizing the special relationship between
the United States and the Indian tribes and
their members and the Federal responsibility to
Indian people, the Congress finds—
(1) that clause 3, section 8, article I of the
United States Constitution provides that ‘‘The
Congress shall have Power * * * To regulate
Commerce * * * with Indian tribes 1’’ and,
through this and other constitutional author-
ity, Congress has plenary power over Indian
affairs;
(2) that Congress, through statutes, treaties,
and the general course of dealing with Indian
tribes, has assumed the responsibility for the
protection and preservation of Indian tribes
and their resources;
(3) that there is no resource that is more
vital to the continued existence and integrity
of Indian tribes than their children and that
the United States has a direct interest, as
trustee, in protecting Indian children who are
members of or are eligible for membership in
an Indian tribe;
(4) that an alarmingly high percentage of In-
dian families are broken up by the removal,
often unwarranted, of their children from
them by nontribal public and private agencies
and that an alarmingly high percentage of
such children are placed in non-Indian foster
and adoptive homes and institutions; and
(5) that the States, exercising their recog-
nized jurisdiction over Indian child custody
proceedings through administrative and judi-
cial bodies, have often failed to recognize the
essential tribal relations of Indian people and
the cultural and social standards prevailing in
Indian communities and families.
(Pub. L. 95–608, § 2, Nov. 8, 1978, 92 Stat. 3069.)
Statutory Notes and Related Subsidiaries
SHORT TITLE
Pub. L. 95–608, § 1, Nov. 8, 1987, 92 Stat. 3069, provided:
‘
Stored review status: historical_2024_not_currentness_verified. The source passage cites 25 U.S.C. § 1901. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Limitation on total payments to each territory**
(1) **In general** — Notwithstanding any other provision of this chapter (except for paragraph (2) of this subsection), the total amount certified by the Secretary of Health and Human Services under subchapters I, X, XIV, and XVI, under parts A and E of subchapter IV, and under subsection (b) of this section, for payment to any territory for a fiscal year shall not exceed the ceiling amount for the territory for the fiscal year.
(2) **Certain payments disregarded** — Paragraph (1) of this subsection shall be applied without regard to any payment made under section 603(a)(2), 603(a)(4), 603(a)(5), 606, 613(f), or 674(a)(6) of this title.
**(b) Entitlement to matching grant**
(1) **In general** — Each territory shall be entitled to receive from the Secretary for each fiscal year a grant in an amount equal to 75 percent of the amount (if any) by which—
(A) the total expenditures of the territory during the fiscal year under the territory programs funded under parts A and E of subchapter IV, including any amount paid to the State under part A of subchapter IV that is transferred in accordance with [section 604(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section604/d&num=0&edition=prelim) and expended under the program to which transferred; exceeds
(B) the sum of—
(i) the amount of the family assistance grant payable to the territory without regard to [section 609 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section609&num=0&edition=prelim); and
(ii) the total amount expended by the territory during fiscal year 1995 pursuant to parts A and F of subchapter IV (as so in effect), other than for child care.
(2) **Appropriat
Stored review status: release_metadata_unconfirmed. The source passage cites 42 U.S.C. § 1308. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 1308. Additional grants to Puerto Rico, Virgin
Islands, Guam, and American Samoa; limita-
tion on total payments
(a) Limitation on total payments to each terri-
tory
(1) In general
Notwithstanding any other provision of this
chapter (except for paragraph (2) of this sub-
Page 2561
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 1308
1 See References in Text note below.
section), the total amount certified by the
Secretary of Health and Human Services
under subchapters I, X, XIV, and XVI, under
parts A and E of subchapter IV, and under sub-
section (b) of this section, for payment to any
territory for a fiscal year shall not exceed the
ceiling amount for the territory for the fiscal
year.
(2) Certain payments disregarded
Paragraph (1) of this subsection shall be ap-
plied without regard to any payment made
under section 603(a)(2), 603(a)(4), 603(a)(5), 606,
613(f), or 674(a)(6) of this title.
(b) Entitlement to matching grant
(1) In general
Each territory shall be entitled to receive
from the Secretary for each fiscal year a grant
in an amount equal to 75 percent of the
amount (if any) by which—
(A) the total expenditures of the territory
during the fiscal year under the territory
programs funded under parts A and E of sub-
chapter IV, including any amount paid to
the State under part A of subchapter IV that
is transferred in accordance with section
604(d) of this title and expended under the
program to which transferred; exceeds
(B) the sum of—
(i) the amount of the family assistance
grant payable to the territory without re-
gard to section 609 of this title; and
(ii) the total amount expended by the
territory during fiscal year 1995 pursuant
to parts A and F of subchapter IV (as so in
effect), other than for child care.
(2) Appropriatio
Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 1308. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Requisite features of State plan** In order for a State to be eligible for payments under this part, it shall have a plan approved by the Secretary which—
(1) provides for foster care maintenance payments in accordance with [section 672 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section672&num=0&edition=prelim), adoption assistance in accordance with [section 673 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section673&num=0&edition=prelim), 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;
(2) provides that the State agency responsible for administering the program authorized by subpart 1 of part B of this subchapter shall administer, or supervise the administration of, the program authorized by this part;
(3) provides that the plan shall be in effect in all political subdivisions of the State, and, if administered by them, be mandatory upon them;
(4) provides that the State shall assure that the programs at the local level assisted under this part will be coordinated with the programs at the State or local level assisted under parts A and B of this subchapter, under division A 11 See References in Text note below. of subchapter XX of this chapter, and under any other appropriate provision of Federal law;
(5) provides that the State will, in the administration of its programs under this part, use such methods relating to the establishment and maintenance of personnel standards on a merit basis as are found by the Secretary to be nece
Stored review status: release_metadata_unconfirmed. The source passage cites 42 U.S.C. § 671. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 671. State plan for foster care and adoption as-
sistance
(a) Requisite features of State plan
In order for a State to be eligible for payments
under this part, it shall have a plan approved by
the Secretary which—
(1) provides for foster care maintenance pay-
ments in accordance with section 672 of this
title, 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 sub-
section;
(2) provides that the State agency respon-
sible for administering the program author-
ized by subpart 1 of part B of this subchapter
shall administer, or supervise the administra-
tion of, the program authorized by this part;
(3) provides that the plan shall be in effect in
all political subdivisions of the State, and, if
administered by them, be mandatory upon
them;
(4) provides that the State shall assure that
the programs at the local level assisted under
this part will be coordinated with the pro-
grams at the State or local level assisted
under parts A and B of this subchapter, under
division A 1 of subchapter XX of this chapter,
and under any other appropriate provision of
Federal law;
(5) provides that the State will, in the ad-
ministration of its programs under this part,
use such methods relating to the establish-
ment and maintenance of personnel standards
on a merit basis as are found by the Secretary
to be necessary for the proper and efficient op-
eration of the programs, except that the Sec-
retary shall exercise no authority with respect
to the select
Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 671. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Amounts** For each quarter beginning after September 30, 1980, each State which has a plan approved under this part shall be entitled to a payment equal to the sum of—
(1) subject to subsections (j) and (k) of [section 672 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section672&num=0&edition=prelim), an amount equal to the Federal medical assistance percentage (which shall be as defined in [section 1396d(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396d/b&num=0&edition=prelim), in the case of a State other than the District of Columbia, or 70 percent, in the case of the District of Columbia) of the total amount expended during such quarter as foster care maintenance payments under [section 672 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section672&num=0&edition=prelim) for children in foster family homes or child-care institutions (or, with respect to such payments made during such quarter under a cooperative agreement or contract entered into by the State and an Indian tribe, tribal organization, or tribal consortium for the administration or payment of funds under this part, an amount equal to the Federal medical assistance percentage that would apply under [section 679c(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section679c/d&num=0&edition=prelim) (in this paragraph referred to as the “tribal FMAP”) if such Indian tribe, tribal organization, or tribal consortium made such payments under a program operated under that section, unless the tribal FMAP is less than the Federal medical assistance percentage that applies to the State); plus
(2) an amount equal to the Federal medical assistance pe