42 U.S.C. § 672 — Foster care maintenance payments pro-

Page 2376 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 672 cerns should not necessarily determine the participa- tion of the child in any activity).’’ NO FEDERAL FUNDING TO UNLAWFULLY PRESENT INDIVIDUALS Pub. L. 110–351, title V, § 503, Oct. 7, 2008, 122 Stat. 3981, provided that: ‘‘Nothing in this Act [see Short Title of 2008 Amendment note set out under section 1305 of this title] shall be construed to alter prohibitions on Federal payments to individuals who are unlawfully present in the United States.’’ PRESERVATION OF REASONABLE PARENTING Pub. L. 105–89, title IV, § 401, Nov. 19, 1997, 111 Stat. 2133, provided that: ‘‘Nothing in this Act [see Short Title of 1997 Amendment note set out under section 1305 of this title] is intended to disrupt the family unneces- sarily or to intrude inappropriately into family life, to prohibit the use of reasonable methods of parental dis- cipline, or to prescribe a particular method of par- enting.’’ REPORTING REQUIREMENTS Pub. L. 105–89, title IV, § 402, Nov. 19, 1997, 111 Stat. 2134, provided that: ‘‘Any information required to be re- ported under this Act [see Short Title of 1997 Amend- ment note set out under section 1305 of this title] shall be supplied to the Secretary of Health and Human Services through data meeting the requirements of the Adoption and Foster Care Analysis and Reporting Sys- tem established pursuant to section 479 of the Social Security Act (42 U.S.C. 679), to the extent such data is available under that system. The Secretary shall make such modifications to regulations issued under section 479 of such Act with respect to the Adoption and Foster Care Analysis and Reporting System as may be nec- essary to allow States to obtain data that meets the re- quirements of such system in order to satisfy the re- porting requirements of this Act.’’ PURCHASE OF AMERICAN-MADE EQUIPMENT AND PRODUCTS Pub. L. 105–89, title IV, § 406, Nov. 19, 1997, 111 Stat. 2135, provided that: ‘‘(a) IN GENERAL.—It is the sense of the Congress that, to the greatest extent practicable, all equipment and products purchased with funds made available under this Act [see Short Title of 1997 Amendment note set out under section 1305 of this title] should be Amer- ican-made. ‘‘(b) NOTICE REQUIREMENT.—In providing financial as- sistance to, or entering into any contract with, any en- tity using funds made available under this Act, the head of each Federal agency, to the greatest extent practicable, shall provide to such entity a notice de- scribing the statement made in subsection (a) by the Congress.’’ § 672. Foster care maintenance payments pro- gram (a) In general (1) Eligibility Each State with a plan approved under this part shall make foster care maintenance pay- ments on behalf of each child who has been re- moved from the home of a relative specified in section 606(a) of this title (as in effect on July 16, 1996) into foster care if— (A) the removal and foster care placement met, and the placement continues to meet, the requirements of paragraph (2); and (B) the child, while in the home, would have met the AFDC eligibility requirement of paragraph (3). (2) Removal and foster care placement require- ments The removal and foster care placement of a child meet the requirements of this paragraph if— (A) the removal and foster care placement are in accordance with— (i) a voluntary placement agreement en- tered into by a parent or legal guardian of the child who is the relative referred to in paragraph (1); or (ii) a judicial determination to the effect that continuation in the home from which removed would be contrary to the welfare of the child and that reasonable efforts of the type described in section 671(a)(15) of this title for a child have been made; (B) the child’s placement and care are the responsibility of— (i) the State agency administering the State plan approved under section 671 of this title; (ii) any other public agency with which the State agency administering or super- vising the administration of the State plan has made an agreement which is in effect; or (iii) an Indian tribe or a tribal organiza- tion (as defined in section 679c(a) of this title) or a tribal consortium that has a plan approved under section 671 of this title in accordance with section 679c of this title; and (C) the child has been placed in a foster family home, with a parent residing in a li- censed residential family-based treatment facility, but only to the extent permitted under subsection (j), or in a child-care insti- tution, but only to the extent permitted under subsection (k). (3) AFDC eligibility requirement (A) In general A child in the home referred to in para- graph (1) would have met the AFDC eligi- bility requirement of this paragraph if the child— (i) would have received aid under the State plan approved under section 602 of this title (as in effect on July 16, 1996) in the home, in or for the month in which the agreement was entered into or court pro- ceedings leading to the determination re- ferred to in paragraph (2)(A)(ii) of this sub- section were initiated; or (ii)(I) would have received the aid in the home, in or for the month referred to in clause (i), if application had been made therefor; or (II) had been living in the home within 6 months before the month in which the agreement was entered into or the pro- ceedings were initiated, and would have re- ceived the aid in or for such month, if, in such month, the child had been living in the home with the relative referred to in paragraph (1) and application for the aid had been made. (B) Resources determination For purposes of subparagraph (A), in deter- mining whether a child would have received Page 2377 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 672 aid under a State plan approved under sec- tion 602 of this title (as in effect on July 16, 1996), a child whose resources (determined pursuant to section 602(a)(7)(B) of this title, as so in effect) have a combined value of not more than $10,000 shall be considered a child whose resources have a combined value of not more than $1,000 (or such lower amount as the State may determine for purposes of section 602(a)(7)(B) of this title). (4) Eligibility of certain alien children Subject to title IV of the Personal Responsi- bility and Work Opportunity Reconciliation Act of 1996 [8 U.S.C. 1601 et seq.], if the child is an alien disqualified under section 1255a(h) or 1160(f) of title 8 from receiving aid under the State plan approved under section 602 of this title in or for the month in which the agreement described in paragraph (2)(A)(i) was entered into or court proceedings leading to the determination described in paragraph (2)(A)(ii) were initiated, the child shall be con- sidered to satisfy the requirements of para- graph (3), with respect to the month, if the child would have satisfied the requirements but for the disqualification. (b) Additional qualifications Foster care maintenance payments may be made under this part only on behalf of a child described in subsection (a) of this section who is— (1) in the foster family home of an indi- vidual, whether the payments therefor are made to such individual or to a public or pri- vate child-placement or child-care agency, or (2) in a child-care institution, whether the payments therefor are made to such institu- tion or to a public or private child-placement or child-care agency, which payments shall be limited so as to include in such payments only those items which are included in the term ‘‘foster care maintenance payments’’ (as de- fined in section 675(4) of this title). (c) Definitions For purposes of this part: (1) Foster family home (A) In general The term ‘‘foster family home’’ means the home of an individual or family— (i) that is licensed or approved by the State in which it is situated as a foster family home that meets the standards es- tablished for the licensing or approval; and (ii) in which a child in foster care has been placed in the care of an individual, who resides with the child and who has been licensed or approved by the State to be a foster parent— (I) that the State deems capable of ad- hering to the reasonable and prudent parent standard; (II) that provides 24-hour substitute care for children placed away from their parents or other caretakers; and (III) that provides the care for not more than six children in foster care. (B) State flexibility The number of foster children that may be cared for in a home under subparagraph (A) may exceed the numerical limitation in sub- paragraph (A)(ii)(III), at the option of the State, for any of the following reasons: (i) To allow a parenting youth in foster care to remain with the child of the par- enting youth. (ii) To allow siblings to remain together. (iii) To allow a child with an established meaningful relationship with the family to remain with the family. (iv) To allow a family with special train- ing or skills to provide care to a child who has a severe disability. (C) Rule of construction Subparagraph (A) shall not be construed as prohibiting a foster parent from renting the home in which the parent cares for a foster child placed in the parent’s care. (2) Child-care institution (A) In general The term ‘‘child-care institution’’ means a private child-care institution, or a public child-care institution which accommodates no more than 25 children, which is licensed by the State in which it is situated or has been approved by the agency of the State re- sponsible for licensing or approval of institu- tions of this type as meeting the standards established for the licensing. (B) Supervised settings In the case of a child who has attained 18 years of age, the term shall include a super- vised setting in which the individual is liv- ing independently, in accordance with such conditions as the Secretary shall establish in regulations. (C) Exclusions The term shall not include detention fa- cilities, forestry camps, training schools, or any other facility operated primarily for the detention of children who are determined to be delinquent. (d) Children removed from their homes pursuant to voluntary placement agreements Notwithstanding any other provision of this subchapter, Federal payments may be made under this part with respect to amounts ex- pended by any State as foster care maintenance payments under this section, in the case of chil- dren removed from their homes pursuant to vol- untary placement agreements as described in subsection (a), only if (at the time such amounts were expended) the State has fulfilled all of the requirements of section 622(b)(8) of this title. (e) Placements in best interest of child No Federal payment may be made under this part with respect to amounts expended by any State as foster care maintenance payments under this section, in the case of any child who was removed from his or her home pursuant to a voluntary placement agreement as described in subsection (a) and has remained in voluntary placement for a period in excess of 180 days, un- less there has been a judicial determination by a court of competent jurisdiction (within the first 180 days of such placement) to the effect that such placement is in the best interests of the child. Page 2378 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 672 1 See References in Text note below. (f) ‘‘Voluntary placement’’ and ‘‘voluntary place- ment agreement’’ defined For the purposes of this part and part B of this subchapter, (1) the term ‘‘voluntary placement’’ means an out-of-home placement of a minor, by or with participation of a State agency, after the parents or guardians of the minor have re- quested the assistance of the agency and signed a voluntary placement agreement; and (2) the term ‘‘voluntary placement agreement’’ means a written agreement, binding on the parties to the agreement, between the State agency, any other agency acting on its behalf, and the parents or guardians of a minor child which specifies, at a minimum, the legal status of the child and the rights and obligations of the parents or guard- ians, the child, and the agency while the child is in placement. (g) Revocation of voluntary placement agree- ment In any case where— (1) the placement of a minor child in foster care occurred pursuant to a voluntary place- ment agreement entered into by the parents or guardians of such child as provided in sub- section (a), and (2) such parents or guardians request (in such manner and form as the Secretary may prescribe) that the child be returned to their home or to the home of a relative, the voluntary placement agreement shall be deemed to be revoked unless the State agency opposes such request and obtains a judicial de- termination, by a court of competent jurisdic- tion, that the return of the child to such home would be contrary to the child’s best interests. (h) Aid for dependent children; assistance for minor children in needy families (1) For purposes of subchapter XIX, any child with respect to whom foster care maintenance payments are made under this section is deemed to be a dependent child as defined in section 606 of this title (as in effect as of July 16, 1996) and deemed to be a recipient of aid to families with dependent children under part A of this sub- chapter (as so in effect). For purposes of division A 1 of subchapter XX, any child with respect to whom foster care maintenance payments are made under this section is deemed to be a minor child in a needy family under a State program funded under part A of this subchapter and is deemed to be a recipient of assistance under such part. (2) For purposes of paragraph (1), a child whose costs in a foster family home or child care insti- tution are covered by the foster care mainte- nance payments being made with respect to the child’s minor parent, as provided in section 675(4)(B) of this title, shall be considered a child with respect to whom foster care maintenance payments are made under this section. (i) Administrative costs associated with other- wise eligible children not in licensed foster care settings Expenditures by a State that would be consid- ered administrative expenditures for purposes of section 674(a)(3) of this title if made with respect to a child who was residing in a foster family home or child-care institution shall be so con- sidered with respect to a child not residing in such a home or institution— (1) in the case of a child who has been re- moved in accordance with subsection (a) of this section from the home of a relative speci- fied in section 606(a) of this title (as in effect on July 16, 1996), only for expenditures— (A) with respect to a period of not more than the lesser of 12 months or the average length of time it takes for the State to li- cense or approve a home as a foster home, in which the child is in the home of a relative and an application is pending for licensing or approval of the home as a foster family home; or (B) with respect to a period of not more than 1 calendar month when a child moves from a facility not eligible for payments under this part into a foster family home or child care institution licensed or approved by the State; and (2) in the case of any other child who is po- tentially eligible for benefits under a State plan approved under this part and at imminent risk of removal from the home, only if— (A) reasonable efforts are being made in accordance with section 671(a)(15) of this title to prevent the need for, or if necessary to pursue, removal of the child from the home; and (B) the State agency has made, not less often than every 6 months, a determination (or redetermination) as to whether the child remains at imminent risk of removal from the home. (j) Children placed with a parent residing in a li- censed residential family-based treatment fa- cility for substance abuse (1) In general Notwithstanding the preceding provisions of this section, a child who is eligible for foster care maintenance payments under this sec- tion, or who would be eligible for the pay- ments if the eligibility were determined with- out regard to paragraphs (1)(B) and (3) of sub- section (a), shall be eligible for the payments for a period of not more than 12 months during which the child is placed with a parent who is in a licensed residential family-based treat- ment facility for substance abuse, but only if— (A) the recommendation for the placement is specified in the child’s case plan before the placement; (B) the treatment facility provides, as part of the treatment for substance abuse, par- enting skills training, parent education, and individual and family counseling; and (C) the substance abuse treatment, par- enting skills training, parent education, and individual and family counseling is provided under an organizational structure and treat- ment framework that involves under- standing, recognizing, and responding to the effects of all types of trauma and in accord- ance with recognized principles of a trauma- informed approach and trauma-specific Page 2379 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 672 interventions to address the consequences of trauma and facilitate healing. (2) Application With respect to children for whom foster care maintenance payments are made under paragraph (1), only the children who satisfy the requirements of paragraphs (1)(B) and (3) of subsection (a) shall be considered to be chil- dren with respect to whom foster care mainte- nance payments are made under this section for purposes of subsection (h) or section 673(b)(3)(B) of this title. (k) Limitation on Federal financial participation (1) In general Beginning with the third week for which fos- ter care maintenance payments are made under this section on behalf of a child placed in a child-care institution, no Federal pay- ment shall be made to the State under section 674(a)(1) of this title for amounts expended for foster care maintenance payments on behalf of the child unless— (A) the child is placed in a child-care insti- tution that is a setting specified in para- graph (2) (or is placed in a licensed residen- tial family-based treatment facility con- sistent with subsection (j)); and (B) in the case of a child placed in a quali- fied residential treatment program (as de- fined in paragraph (4)), the requirements specified in paragraph (3) and section 675a(c) of this title are met. (2) Specified settings for placement The settings for placement specified in this paragraph are the following: (A) A qualified residential treatment pro- gram (as defined in paragraph (4)). (B) A setting specializing in providing pre- natal, post-partum, or parenting supports for youth. (C) In the case of a child who has attained 18 years of age, a supervised setting in which the child is living independently. (D) A setting providing high-quality resi- dential care and supportive services to chil- dren and youth who have been found to be, or are at risk of becoming, sex trafficking victims, in accordance with section 671(a)(9)(C) of this title. (3) Assessment to determine appropriateness of placement in a qualified residential treat- ment program (A) Deadline for assessment In the case of a child who is placed in a qualified residential treatment program, if the assessment required under section 675a(c)(1) of this title is not completed with- in 30 days after the placement is made, no Federal payment shall be made to the State under section 674(a)(1) of this title for any amounts expended for foster care mainte- nance payments on behalf of the child dur- ing the placement. (B) Deadline for transition out of placement If the assessment required under section 675a(c)(1) of this title determines that the placement of a child in a qualified residen- tial treatment program is not appropriate, a court disapproves such a placement under section 675a(c)(2) of this title, or a child who has been in an approved placement in a qualified residential treatment program is going to return home or be placed with a fit and willing relative, a legal guardian, or an adoptive parent, or in a foster family home, Federal payments shall be made to the State under section 674(a)(1) of this title for amounts expended for foster care mainte- nance payments on behalf of the child while the child remains in the qualified residential treatment program only during the period necessary for the child to transition home or to such a placement. In no event shall a State receive Federal payments under sec- tion 674(a)(1) of this title for amounts ex- pended for foster care maintenance pay- ments on behalf of a child who remains placed in a qualified residential treatment program after the end of the 30-day period that begins on the date a determination is made that the placement is no longer the recommended or approved placement for the child. (4) Qualified residential treatment program For purposes of this part, the term ‘‘quali- fied residential treatment program’’ means a program that— (A) has a trauma-informed treatment model that is designed to address the needs, including clinical needs as appropriate, of children with serious emotional or behav- ioral disorders or disturbances and, with re- spect to a child, is able to implement the treatment identified for the child by the as- sessment of the child required under section 675a(c) of this title; (B) subject to paragraphs (5) and (6), has registered or licensed nursing staff and other licensed clinical staff who— (i) provide care within the scope of their practice as defined by State law; (ii) are on-site according to the treat- ment model referred to in subparagraph (A); and (iii) are available 24 hours a day and 7 days a week; (C) to extent appropriate, and in accord- ance with the child’s best interests, facili- tates participation of family members in the child’s treatment program; (D) facilitates outreach to the family members of the child, including siblings, documents how the outreach is made (in- cluding contact information), and maintains contact information for any known biologi- cal family and fictive kin of the child; (E) documents how family members are in- tegrated into the treatment process for the child, including post-discharge, and how sib- ling connections are maintained; (F) provides discharge planning and fam- ily-based aftercare support for at least 6 months post-discharge; and (G) is licensed in accordance with section 671(a)(10) of this title and is accredited by any of the following independent, not-for- profit organizations: Page 2380 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 672 (i) The Commission on Accreditation of Rehabilitation Facilities (CARF). (ii) The Joint Commission on Accredita- tion of Healthcare Organizations (JCAHO). (iii) The Council on Accreditation (COA). (iv) Any other independent, not-for-prof- it accrediting organization approved by the Secretary. (5) Administrative costs The prohibition in paragraph (1) on Federal payments under section 674(a)(1) of this title shall not be construed as prohibiting Federal payments for administrative expenditures in- curred on behalf of a child placed in a child- care institution and for which payment is available under section 674(a)(3) of this title. (6) Rule of construction The requirements in paragraph (4)(B) shall not be construed as requiring a qualified resi- dential treatment program to acquire nursing and behavioral health staff solely through means of a direct employer to employee rela- tionship. (Aug. 14, 1935, ch. 531, title IV, § 472, as added and amended Pub. L. 96–272, title I, §§ 101(a)(1), 102(a)(1), (2), June 17, 1980, 94 Stat. 503, 513, 514; Pub. L. 99–603, title II, § 201(b)(2)(A), title III, §§ 302(b)(2), 303(e)(2), Nov. 6, 1986, 100 Stat. 3403, 3422, 3431; Pub. L. 100–203, title IX, §§ 9133(b)(2), 9139(a), Dec. 22, 1987, 101 Stat. 1330–314, 1330–321; Pub. L. 103–432, title II, § 202(d)(3), Oct. 31, 1994, 108 Stat. 4454; Pub. L. 104–193, title I, § 108(d)(3), (4), title V, § 501, Aug. 22, 1996, 110 Stat. 2166, 2277; Pub. L. 105–33, title V, §§ 5513(b)(1), (2), 5592(b), Aug. 5, 1997, 111 Stat. 620, 644; Pub. L. 105–89, title I, § 101(c), Nov. 19, 1997, 111 Stat. 2117; Pub. L. 106–169, title I, § 111, Dec. 14, 1999, 113 Stat. 1829; Pub. L. 109–113, § 2, Nov. 22, 2005, 119 Stat. 2371; Pub. L. 109–171, title VII, §§ 7403(a), 7404(a), Feb. 8, 2006, 120 Stat. 151; Pub. L. 109–288, § 6(f)(6), Sept. 28, 2006, 120 Stat. 1247; Pub. L. 110–351, title II, § 201(b), title III, § 301(a)(2), Oct. 7, 2008, 122 Stat. 3958, 3967; Pub. L. 111–148, title VI, § 6703(d)(2)(B), Mar. 23, 2010, 124 Stat. 803; Pub. L. 115–123, div. E, title VII, §§ 50712(a), 50741(a)(1), (b), Feb. 9, 2018, 132 Stat. 244, 253, 255.) Editorial Notes REFERENCES IN TEXT The Personal Responsibility and Work Opportunity Reconciliation Act of 1996, referred to in subsec. (a)(4), is Pub. L. 104–193, Aug. 22, 1996, 110 Stat. 2105. Title IV of the Act is classified principally to chapter 14 (§ 1601 et seq.) of Title 8, Aliens and Nationality. For complete classification of title IV to the Code, see Tables. Division A of subchapter XX, referred to in subsec. (h)(1), was in the original a reference to subtitle 1 of title XX, which was translated as if referring to sub- title A of title XX of the Social Security Act, to reflect the probable intent of Congress. Title XX of the Act, enacting subchapter XX of this chapter, does not con- tain a subtitle 1. AMENDMENTS 2018—Subsec. (a)(2)(C). Pub. L. 115–123, § 50741(a)(1)(A), inserted ‘‘, but only to the extent permitted under sub- section (k)’’ after ‘‘institution’’. Pub. L. 115–123, § 50712(a)(1), substituted ‘‘, with a par- ent residing in a licensed residential family-based treatment facility, but only to the extent permitted under subsection (j), or in a’’ for ‘‘or’’. Subsec. (c). Pub. L. 115–123, § 50741(b), amended subsec. (c) generally. Prior to amendment, text read as follows: ‘‘For the purposes of this part, (1) the term ‘foster fam- ily home’ means a foster family home for children which is licensed by the State in which it is situated or has been approved, by the agency of such State having responsibility for licensing homes of this type, as meet- ing the standards established for such licensing; and (2) the term ‘child-care institution’ means a private child- care institution, or a public child-care institution which accommodates no more than twenty-five chil- dren, which is licensed by the State in which it is situ- ated or has been approved, by the agency of such State responsible for licensing or approval of institutions of this type, as meeting the standards established for such licensing, except, in the case of a child who has at- tained 18 years of age, the term shall include a super- vised setting in which the individual is living independ- ently, in accordance with such conditions as the Sec- retary shall establish in regulations, but the term shall not include detention facilities, forestry camps, train- ing schools, or any other facility operated primarily for the detention of children who are determined to be de- linquent.’’ Subsec. (j). Pub. L. 115–123, § 50712(a)(2), added subsec. (j). Subsec. (k). Pub. L. 115–123, § 50741(a)(1)(B), added sub- sec. (k). 2010—Subsec. (h)(1). Pub. L. 111–148 inserted ‘‘division A of’’ before ‘‘subchapter XX’’. 2008—Subsec. (a)(2)(B)(iii). Pub. L. 110–351, § 301(a)(2), added cl. (iii). Subsec. (c)(2). Pub. L. 110–351, § 201(b), inserted ‘‘ex- cept, in the case of a child who has attained 18 years of age, the term shall include a supervised setting in which the individual is living independently, in accord- ance with such conditions as the Secretary shall estab- lish in regulations,’’ before ‘‘but the term’’. 2006—Subsec. (a). Pub. L. 109–171, § 7404(a), amended subsec. (a) generally. Prior to amendment, subsec. (a) related to qualifying children for foster care mainte- nance payments. Subsec. (d). Pub. L. 109–288 substituted ‘‘622(b)(8)’’ for ‘‘622(b)(10)’’. Subsec. (i). Pub. L. 109–171, § 7403(a), added subsec. (i). 2005—Subsec. (b). Pub. L. 109–113 struck out ‘‘non- profit’’ before ‘‘private’’ in pars. (1) and (2). 1999—Subsec. (a). Pub. L. 106–169 inserted at end ‘‘In determining whether a child would have received aid under a State plan approved under section 602 of this title (as in effect on July 16, 1996), a child whose re- sources (determined pursuant to section 602(a)(7)(B) of this title, as so in effect) have a combined value of not more than $10,000 shall be considered to be a child whose resources have a combined value of not more than $1,000 (or such lower amount as the State may de- termine for purposes of such section 602(a)(7)(B) of this title). 1997—Subsec. (a). Pub. L. 105–33, § 5513(b)(1), sub- stituted ‘‘July 16, 1996’’ for ‘‘June 1, 1995’’ in introduc- tory provisions. Subsec. (a)(1). Pub. L. 105–89 inserted ‘‘for a child’’ be- fore ‘‘have been made;’’. Subsec. (a)(4). Pub. L. 105–33, § 5513(b)(1), substituted ‘‘July 16, 1996’’ for ‘‘June 1, 1995’’ in subpars. (A) and (B). Subsec. (d). Pub. L. 105–33, § 5592(b), substituted ‘‘sec- tion 622(b)(10)’’ for ‘‘section 622(b)(9)’’. Subsec. (h)(1). Pub. L. 105–33, § 5513(b)(2), substituted ‘‘July 16, 1996’’ for ‘‘June 1, 1995’’. 1996—Subsec. (a). Pub. L. 104–193, § 108(d)(3)(A), in in- troductory provisions, substituted ‘‘would have met the requirements’’ for ‘‘would meet the requirements’’ and inserted ‘‘(as such sections were in effect on June 1, 1995)’’ after ‘‘section 607 of this title’’ and ‘‘(as so in ef- fect)’’ after ‘‘section 606(a) of this title’’. Subsec. (a)(4)(A). Pub. L. 104–193, § 108(d)(3)(B)(i), sub- stituted ‘‘would have received aid’’ for ‘‘received aid’’ and inserted ‘‘(as in effect on June 1, 1995)’’ after ‘‘sec- tion 602 of this title’’. Page 2381 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 672 Subsec. (a)(4)(B)(ii). Pub. L. 104–193, § 108(d)(3)(B)(ii), inserted ‘‘(as in effect on June 1, 1995)’’ after ‘‘section 606(a) of this title’’. Subsec. (c)(2). Pub. L. 104–193, § 501, struck out ‘‘non- profit’’ before ‘‘private child-care institution.’’ Subsec. (h). Pub. L. 104–193, § 108(d)(4), amended sub- sec. (h) generally. Prior to amendment, subsec. (h) read as follows: ‘‘For purposes of subchapters XIX and XX of this chapter, any child with respect to whom foster care maintenance payments are made under this sec- tion shall be deemed to be a dependent child as defined in section 606 of this title and shall be deemed to be a recipient of aid to families with dependent children under part A of this subchapter. For purposes of the preceding sentence, a child whose costs in a foster fam- ily home or child-care institution are covered by the foster care maintenance payments being made with re- spect to his or her minor parent, as provided in section 675(4)(B) of this title, shall be considered a child with respect to whom foster care maintenance payments are made under this section.’’ 1994—Subsec. (d). Pub. L. 103–432 substituted ‘‘section 622(b)(9) of this title’’ for ‘‘section 627(b) of this title’’. 1987—Subsec. (a). Pub. L. 100–203, § 9139(a), substituted ‘‘section 673(a)(2)(B) of this title’’ for ‘‘section 673(a)(1)(B) of this title’’. Subsec. (h). Pub. L. 100–203, § 9133(b)(2), inserted sen- tence at end. 1986—Subsec. (a). Pub. L. 99–603, § 303(e)(2), inserted in closing provisions reference to cases in which a child is an alien disqualified under section 1161(d)(7) of title 8. Pub. L. 99–603, § 302(b)(2), inserted in closing provi- sions reference to cases in which a child is an alien dis- qualified under section 1160(f) of title 8. Pub. L. 99–603, § 201(b)(2)(A), inserted closing provi- sions: ‘‘In any case where the child is an alien disquali- fied under section 1255a(h) of title 8 from receiving aid under the State plan approved under section 602 of this title in or for the month in which such agreement was entered into or court proceedings leading to the re- moval of the child from the home were instituted, such child shall be considered to satisfy the requirements of paragraph (4) (and the corresponding requirements of section 673(a)(1)(B) of this title), with respect to that month, if he or she would have satisfied such require- ments but for such disqualification.’’ 1980—Subsec. (a). Pub. L. 96–272, § 102(a)(1), inserted provisions relating to voluntary placement agreements entered into by a child’s parent or legal guardian. Subsecs. (d) to (h). Pub. L. 96–272, § 102(a)(2), added subsecs. (d) to (g). Former subsec. (d) was redesignated (h). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by section 50712(a) of Pub. L. 115–123 ef- fective Oct. 1, 2018, subject to transition rules for re- quired State legislation or tribal action, see section 50734 of Pub. L. 115–123, set out as a note under section 622 of this title. Amendment by section 50741(a)(1), (b) of Pub. L. 115–123 effective Oct. 1, 2019, with State option to delay effective date for not more than 2 years and subject to State waiver provisions, see section 50746 of Pub. L. 115–123, set out as a note under section 622 of this title. EFFECTIVE DATE OF 2008 AMENDMENT Pub. L. 110–351, title II, § 201(d), Oct. 7, 2008, 122 Stat. 3959, provided that: ‘‘The amendments made by this section [amending this section and sections 673 and 675 of this title] shall take effect on October 1, 2010.’’ Amendment by section 301(a)(2) of 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. EFFECTIVE DATE OF 2006 AMENDMENT Amendment by Pub. 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 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. 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 1997 AMENDMENTS 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. Amendment by section 5513(b)(1), (2) of Pub. L. 105–33 effective as if included in section 108 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Pub. L. 104–193, at the time such section 108 became law, see section 5518(b) of Pub. L. 105–33, set out as a note under section 652 of this title. Amendment by section 5592(b) of Pub. L. 105–33 effec- tive as if included in the enactment of title V of the Personal Responsibility and Work Opportunity Rec- onciliation Act of 1996, Pub. L. 104–193, see section 5593 of Pub. L. 105–33, set out as a note under section 622 of this title. EFFECTIVE DATE OF 1996 AMENDMENT Amendment by section 108(d)(3), (4) of Pub. L. 104–193 effective July 1, 1997, with transition rules relating to State options to accelerate such date, rules relating to claims, actions, and proceedings commenced before such date, rules relating to closing out of accounts for terminated or substantially modified programs and continuance in office of Assistant Secretary for Family Support, and provisions relating to termination of enti- tlement under AFDC program, see section 116 of Pub. L. 104–193, set out as an Effective Date note under sec- tion 601 of this title. EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103–432 effective with respect to fiscal years beginning on or after Apr. 1, 1996, see section 202(e) of Pub. L. 103–432, set out as a note under section 622 of this title. EFFECTIVE DATE OF 1987 AMENDMENT Pub. L. 100–203, title IX, § 9133(c), Dec. 22, 1987, 101 Stat. 1330–315, provided that: ‘‘The amendments made by this section [amending this section and sections 602, 673, and 675 of this title] shall become effective April 1, 1988.’’ EFFECTIVE DATE OF 1980 AMENDMENT Pub. L. 96–272, title I, § 102(a)(1), June 17, 1980, 94 Stat. 513, as amended by Pub. L. 98–118, § 3(a), Oct. 11, 1983, 97 Stat. 803; Pub. L. 98–617, § 4(c)(1), Nov. 8, 1984, 98 Stat. 3297; Pub. L. 99–272, title XII, 12306(c)(1), Apr. 7, 1986, 100 Stat. 294; Pub. L. 100–203, title IX, § 9131(a)(1), Dec. 22, 1987, 101 Stat. 1330–313, provided that the amendment made by that section is effective with respect to ex- penditures made after Sept. 30, 1980. Pub. L. 96–272, title I, § 102(c), June 17, 1980, 94 Stat. 515, as amended by Pub. L. 98–118, § 3(b), Oct. 11, 1983, 97 Stat. 803; Pub. L. 98–617, § 4(c)(2), Nov. 8, 1984, 98 Stat. 3297; Pub. L. 99–272, title XII, § 12306(c)(2), Apr. 7, 1986, Page 2382 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 673 100 Stat. 294; Pub. L. 100–203, title IX, § 9131(a)(2), Dec. 22, 1987, 101 Stat. 1330–313, provided that: ‘‘The amend- ments made by subsections (a) and (b) [amending this section and sections 608, 673, and 675 of this title] shall be effective only with respect to expenditures made after September 30, 1979.’’ [Pub. L. 100–203, title IX, § 9131(b), Dec. 22, 1987, 101 Stat. 1330–313, provided that: ‘‘The amendments made by subsection (a) [amending section 102(a)(1), (c), and (e) of Pub. L. 96–272, set out as notes under this section] shall become effective October 1, 1987.’’] CONSTRUCTION OF 2008 AMENDMENT For construction of amendment by section 301(a)(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. CHILDREN VOLUNTARILY REMOVED FROM HOME OF RELATIVE Pub. L. 96–272, title I, § 102(d)(1), June 17, 1980, 94 Stat. 515, provided that: ‘‘For purposes of section 472 of the Social Security Act [42 U.S.C. 672], a child who was vol- untarily removed from the home of a relative and who had a judicial determination prior to October 1, 1978, to the effect that continuation therein would be contrary to the welfare of such child, shall be deemed to have been so removed as a result of such judicial determina- tion if, and from the date that, a case plan and a review meeting the requirements of section 471(a)(16) of such Act [42 U.S.C. 671(a)(16)] have been made with respect to such child and such child is determined to be in need of foster care as a result of such review. In the case of any child described in the preceding sentence, for pur- poses of section 472(a)(4) of such Act [42 U.S.C. 672(a)(4)], the date of the voluntary removal shall be deemed to be the date on which court proceedings are initiated which led to such removal.’’ ANNUAL REPORT TO CONGRESS OF NUMBER OF CHIL- DREN PLACED IN FOSTER CARE PURSUANT TO VOL- UNTARY PLACEMENT AGREEMENTS Pub. L. 96–272, title I, § 102(e), June 17, 1980, 94 Stat. 515, as amended by Pub. L. 100–203, title IX, § 9131(a)(3), Dec. 22, 1987, 101 Stat. 1330–313, which required the Sec- retary of Health, Education, and Welfare to submit to Congress a full and complete annual report on the placement of children in foster care pursuant to vol- untary placement agreements under this section and section 608 of this title, terminated, effective May 15, 2000, pursuant to section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance. See, also, item 12 on page 99 of House Document No. 103–7. § 673. Adoption and guardianship assistance pro- gram (a) Agreements with adoptive parents of children with special needs; State payments; quali- fying children; amount of payments; changes in circumstances; placement period prior to adoption; nonrecurring adoption expenses (1)(A) Each State having a plan approved under this part shall enter into adoption assist- ance agreements (as defined in section 675(3) of this title) with the adoptive parents of children with special needs. (B) Under any adoption assistance agreement entered into by a State with parents who adopt a child with special needs, the State— (i) shall make payments of nonrecurring adoption expenses incurred by or on behalf of such parents in connection with the adoption of such child, directly through the State agen- cy or through another public or nonprofit pri- vate agency, in amounts determined under paragraph (3), and (ii) in any case where the child meets the re- quirements of paragraph (2), may make adop- tion assistance payments to such parents, di- rectly through the State agency or through another public or nonprofit private agency, in amounts so determined. (2)(A) For purposes of paragraph (1)(B)(ii), a child meets the requirements of this paragraph if— (i) in the case of a child who is not an appli- cable child for the fiscal year (as defined in subsection (e)), the child— (I)(aa)(AA) was removed from the home of a relative specified in section 606(a) of this title (as in effect on July 16, 1996) and placed in foster care in accordance with a voluntary placement agreement with respect to which Federal payments are provided under section 674 of this title (or section 603 of this title, as such section was in effect on July 16, 1996), or in accordance with a judicial deter- mination to the effect that continuation in the home would be contrary to the welfare of the child; and (BB) met the requirements of section 672(a)(3) of this title with respect to the home referred to in subitem (AA) of this item; (bb) meets all of the requirements of sub- chapter XVI with respect to eligibility for supplemental security income benefits; or (cc) is a child whose costs in a foster fam- ily home or child-care institution are cov- ered by the foster care maintenance pay- ments being made with respect to the minor parent of the child as provided in section 675(4)(B) of this title; and (II) has been determined by the State, pur- suant to subsection (c)(1) of this section, to be a child with special needs; or (ii) in the case of a child who is an applicable child for the fiscal year (as so defined), the child— (I)(aa) at the time of initiation of adoption proceedings was in the care of a public or li- censed private child placement agency or In- dian tribal organization pursuant to— (AA) an involuntary removal of the child from the home in accordance with a judi- cial determination to the effect that con- tinuation in the home would be contrary to the welfare of the child; or (BB) a voluntary placement agreement or voluntary relinquishment; (bb) meets all medical or disability re- quirements of subchapter XVI with respect to eligibility for supplemental security in- come benefits; or (cc) was residing in a foster family home or child care institution with the child’s minor parent, and the child’s minor parent was in such foster family home or child care institution pursuant to— (AA) an involuntary removal of the child from the home in accordance with a judi- cial determination to the effect that con- tinuation in the home would be contrary to the welfare of the child; or (BB) a voluntary placement agreement or voluntary relinquishment; and