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US (United States) Code. Title 42. Chapter 7: Social Security

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-HEAD-

Sec. 660. Civil action to enforce child support obligations;

jurisdiction of district courts

-STATUTE-

The district courts of the United States shall have jurisdiction,

without regard to any amount in controversy, to hear and determine

any civil action certified by the Secretary of Health and Human

Services under section 652(a)(8) of this title. A civil action

under this section may be brought in any judicial district in which

the claim arose, the plaintiff resides, or the defendant resides.

-SOURCE-

(Aug. 14, 1935, ch. 531, title IV, Sec. 460, as added Pub. L.

93-647, Sec. 101(a), Jan. 4, 1975, 88 Stat. 2358; amended Pub. L.

98-369, div. B, title VI, Sec. 2663(j)(2)(B)(xi), July 18, 1984, 98

Stat. 1170.)

-MISC1-

AMENDMENTS

1984 - Pub. L. 98-369 substituted "Health and Human Services" for

"Health, Education, and Welfare".

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.

-End-

-CITE-

42 USC Secs. 661, 662 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 7 - SOCIAL SECURITY

SUBCHAPTER IV - GRANTS TO STATES FOR AID AND SERVICES TO NEEDY

FAMILIES WITH CHILDREN AND FOR CHILD-WELFARE

SERVICES

Part D - Child Support and Establishment of Paternity

-HEAD-

Secs. 661, 662. Repealed. Pub. L. 104-193, title III, Sec.

362(b)(1), Aug. 22, 1996, 110 Stat. 2246

-MISC1-

Section 661, act Aug. 14, 1935, ch. 531, title IV, Sec. 461, as

added May 23, 1977, Pub. L. 95-30, title V, Sec. 501(c), 91 Stat.

158, related to regulations pertaining to garnishments.

Section 662, act Aug. 14, 1935, ch. 531, title IV, Sec. 462, as

added May 23, 1977, Pub. L. 95-30, title V, Sec. 501(d), 91 Stat.

159; amended July 18, 1984, Pub. L. 98-369, div. B, title VI, Sec.

2663(c)(17), 98 Stat. 1167; Oct. 22, 1986, Pub. L. 99-514, Sec. 2,

100 Stat. 2095; June 13, 1991, Pub. L. 102-54, Sec.

13(q)(3)(B)(ii), 105 Stat. 279, related to definitions for purposes

of section 659 of this title.

EFFECTIVE DATE OF REPEAL

Repeal effective 6 months after Aug. 22, 1996, see section 362(d)

of Pub. L. 104-193, set out as an Effective Date of 1996 Amendment

note under section 659 of this title.

For provisions relating to effective date of title III of Pub. L.

104-193, see section 395(a)-(c) of Pub. L. 104-193, set out as an

Effective Date of 1996 Amendment note under section 654 of this

title.

-End-

-CITE-

42 USC Sec. 663 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 7 - SOCIAL SECURITY

SUBCHAPTER IV - GRANTS TO STATES FOR AID AND SERVICES TO NEEDY

FAMILIES WITH CHILDREN AND FOR CHILD-WELFARE

SERVICES

Part D - Child Support and Establishment of Paternity

-HEAD-

Sec. 663. Use of Federal Parent Locator Service in connection with

enforcement or determination of child custody in cases of

parental kidnaping of child

-STATUTE-

(a) Agreements with States for use of Federal Parent Locator

Service

The Secretary shall enter into an agreement with every State

under which the services of the Federal Parent Locator Service

established under section 653 of this title shall be made available

to each State for the purpose of determining the whereabouts of any

parent or child when such information is to be used to locate such

parent or child for the purpose of -

(1) enforcing any State or Federal law with respect to the

unlawful taking or restraint of a child; or

(2) making or enforcing a child custody or visitation

determination.

(b) Requests from authorized persons for information

An agreement entered into under subsection (a) of this section

shall provide that the State agency described in section 654 of

this title will, under procedures prescribed by the Secretary in

regulations, receive and transmit to the Secretary requests from

authorized persons for information as to (or useful in determining)

the whereabouts of any parent or child when such information is to

be used to locate such parent or child for the purpose of -

(1) enforcing any State or Federal law with respect to the

unlawful taking or restraint of a child; or

(2) making or enforcing a child custody or visitation

determination.

Information authorized to be provided by the Secretary under

subsection (a), (b), (e), or (f) of this section shall be subject

to the same conditions with respect to disclosure as information

authorized to be provided under section 653 of this title, and a

request for information by the Secretary under this section shall

be considered to be a request for information under section 653 of

this title which is authorized to be provided under such section.

Only information as to the most recent address and place of

employment of any parent or child shall be provided under this

section.

(d) "Custody or visitation determination" and "authorized person"

defined

For purposes of this section -

(1) the term "custody or visitation determination" means a

judgment, decree, or other order of a court providing for the

custody or visitation of a child, and includes permanent and

temporary orders, and initial orders and modification;

(2) the term "authorized person" means -

(A) any agent or attorney of any State having an agreement

under this section, who has the duty or authority under the law

of such State to enforce a child custody or visitation

determination;

(B) any court having jurisdiction to make or enforce such a

child custody or visitation determination, or any agent of such

court; and

having an agreement under this section, who has the duty or

authority to investigate, enforce, or bring a prosecution with

respect to the unlawful taking or restraint of a child.

(e) Agreement on use of Federal Parent Locator Service with United

States Central Authority under Convention on the Civil Aspects of

International Child Abduction

The Secretary shall enter into an agreement with the Central

Authority designated by the President in accordance with section

11606 of this title, under which the services of the Federal Parent

Locator Service established under section 653 of this title shall

be made available to such Central Authority upon its request for

the purpose of locating any parent or child on behalf of an

applicant to such Central Authority within the meaning of section

11602(1) of this title. The Federal Parent Locator Service shall

charge no fees for services requested pursuant to this subsection.

(f) Agreement to assist in locating missing children under Federal

Parent Locator Service

The Secretary shall enter into an agreement with the Attorney

General of the United States, under which the services of the

Federal Parent Locator Service established under section 653 of

this title shall be made available to the Office of Juvenile

Justice and Delinquency Prevention upon its request to locate any

parent or child on behalf of such Office for the purpose of -

(1) enforcing any State or Federal law with respect to the

unlawful taking or restraint of a child, or

(2) making or enforcing a child custody or visitation

determination.

The Federal Parent Locator Service shall charge no fees for

services requested pursuant to this subsection.

-SOURCE-

(Aug. 14, 1935, ch. 531, title IV, Sec. 463, as added Pub. L.

96-611, Sec. 9(b), Dec. 28, 1980, 94 Stat. 3572; amended Pub. L.

100-300, Sec. 11, Apr. 29, 1988, 102 Stat. 441; Pub. L. 103-432,

title II, Sec. 214(a), (b), Oct. 31, 1994, 108 Stat. 4461; Pub. L.

104-193, title III, Secs. 316(e)(1), 395(d)(1)(G), Aug. 22, 1996,

110 Stat. 2215, 2259; Pub. L. 105-33, title V, Sec. 5534(b), Aug.

5, 1997, 111 Stat. 629.)

-MISC1-

AMENDMENTS

1997 - Subsec. (a). Pub. L. 105-33, Sec. 5534(b)(1)(A), (5), in

introductory provisions, substituted "every State" for "any State

which is able and willing to do so," and "each State" for "such

State" and struck out "noncustodial" before "parent".

Subsec. (a)(2). Pub. L. 105-33, Sec. 5534(b)(1)(B), inserted "or

visitation" after "custody".

Subsec. (b). Pub. L. 105-33, Sec. 5534(b)(5), struck out

"noncustodial" before "parent or child when" in introductory

provisions.

Subsec. (b)(2). Pub. L. 105-33, Sec. 5534(b)(2), inserted "or

visitation" after "custody".

Subsec. (c). Pub. L. 105-33, Sec. 5534(b)(5), struck out

"noncustodial" before "parent".

Subsec. (d)(1). Pub. L. 105-33, Sec. 5534(b)(3)(A), inserted "or

visitation" before "determination".

Subsec. (d)(2)(A), (B). Pub. L. 105-33, Sec. 5534(b)(3)(B),

inserted "or visitation" after "custody".

Subsec. (f)(2). Pub. L. 105-33, Sec. 5534(b)(4), inserted "or

visitation" after "custody".

1996 - Subsec. (a). Pub. L. 104-193, Secs. 316(e)(1),

395(d)(1)(G), inserted "Federal" before "Parent Locator Service"

and substituted "noncustodial parent" for "absent parent".

Subsecs. (b), (c). Pub. L. 104-193, Sec. 395(d)(1)(G),

substituted "noncustodial parent" for "absent parent".

Subsecs. (e), (f). Pub. L. 104-193, Sec. 316(e)(1), inserted

"Federal" before "Parent Locator Service" wherever appearing.

1994 - Subsec. (c). Pub. L. 103-432, Sec. 214(b), substituted

"subsection (a), (b), (e), or (f) of this section" for "subsection

(a), (b), or (e) of this section".

Subsec. (f). Pub. L. 103-432, Sec. 214(a), added subsec. (f).

1988 - Subsec. (b). Pub. L. 100-300, Sec. 11(1), substituted

"under subsection (a) of this section" for "under this section".

Subsec. (c). Pub. L. 100-300, Sec. 11(2), substituted "under

subsection (a), (b), or (e) of this section" for "under this

section".

Subsec. (e). Pub. L. 100-300, Sec. 11(3), added subsec. (e).

EFFECTIVE DATE OF 1997 AMENDMENT

Amendment by Pub. L. 105-33 effective as if included in the

enactment of title III of the Personal Responsibility and Work

Opportunity Reconciliation Act of 1996, Pub. L. 104-193, see

section 5557 of Pub. L. 105-33, set out as a note under section 608

of this title.

EFFECTIVE DATE OF 1996 AMENDMENT

For effective date of amendment by Pub. L. 104-193, see section

395(a)-(c) of Pub. L. 104-193, set out as a note under section 654

of this title.

EFFECTIVE DATE OF 1994 AMENDMENT

Section 214(c) of Pub. L. 103-432 provided that: "The amendments

made by this section [amending this section] shall take effect on

October 1, 1995."

EFFECTIVE DATE

Section 9(d) of Pub. L. 96-611 provided that: "No agreement

entered into under section 463 of the Social Security Act [this

section] shall become effective before the date on which section

1738A of title 28, United States Code (as added by this title

[probably should be "as added by section 8(a) of this Act"])

becomes effective."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 654, 655 of this title.

-End-

-CITE-

42 USC Sec. 664 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 7 - SOCIAL SECURITY

SUBCHAPTER IV - GRANTS TO STATES FOR AID AND SERVICES TO NEEDY

FAMILIES WITH CHILDREN AND FOR CHILD-WELFARE

SERVICES

Part D - Child Support and Establishment of Paternity

-HEAD-

Sec. 664. Collection of past-due support from Federal tax refunds

-STATUTE-

(a) Procedures applicable; distribution

(1) Upon receiving notice from a State agency administering a

plan approved under this part that a named individual owes past-due

support which has been assigned to such State pursuant to section

608(a)(3) or section 671(a)(17) of this title, the Secretary of the

Treasury shall determine whether any amounts, as refunds of Federal

taxes paid, are payable to such individual (regardless of whether

such individual filed a tax return as a married or unmarried

individual). If the Secretary of the Treasury finds that any such

amount is payable, he shall withhold from such refunds an amount

equal to the past-due support, shall concurrently send notice to

such individual that the withholding has been made (including in or

with such notice a notification to any other person who may have

filed a joint return with such individual of the steps which such

other person may take in order to secure his or her proper share of

the refund), and shall pay such amount to the State agency

(together with notice of the individual's home address) for

distribution in accordance with section 657 of this title. This

subsection may be executed by the disbursing official of the

Department of the Treasury.

(2)(A) Upon receiving notice from a State agency administering a

plan approved under this part that a named individual owes past-due

support (as that term is defined for purposes of this paragraph

under subsection (c) of this section) which such State has agreed

to collect under section 654(4)(A)(ii) of this title, and that the

State agency has sent notice to such individual in accordance with

paragraph (3)(A), the Secretary of the Treasury shall determine

whether any amounts, as refunds of Federal taxes paid, are payable

to such individual (regardless of whether such individual filed a

tax return as a married or unmarried individual). If the Secretary

of the Treasury finds that any such amount is payable, he shall

withhold from such refunds an amount equal to such past-due

support, and shall concurrently send notice to such individual that

the withholding has been made, including in or with such notice a

notification to any other person who may have filed a joint return

with such individual of the steps which such other person may take

in order to secure his or her proper share of the refund. The

Secretary of the Treasury shall pay the amount withheld to the

State agency, and the State shall pay to the Secretary of the

Treasury any fee imposed by the Secretary of the Treasury to cover

the costs of the withholding and any required notification. The

State agency shall, subject to paragraph (3)(B), distribute such

amount to or on behalf of the child to whom the support was owed in

accordance with section 657 of this title. This subsection may be

executed by the Secretary of the Department of the Treasury or his

designee.

(B) This paragraph shall apply only with respect to refunds

payable under section 6402 of the Internal Revenue Code of 1986

after December 31, 1985.

(3)(A) Prior to notifying the Secretary of the Treasury under

paragraph (1) or (2) that an individual owes past-due support, the

State shall send notice to such individual that a withholding will

be made from any refund otherwise payable to such individual. The

notice shall also (i) instruct the individual owing the past-due

support of the steps which may be taken to contest the State's

determination that past-due support is owed or the amount of the

past-due support, and (ii) provide information, as may be

prescribed by the Secretary of Health and Human Services by

regulation in consultation with the Secretary of the Treasury, with

respect to procedures to be followed, in the case of a joint

return, to protect the share of the refund which may be payable to

another person.

(B) If the Secretary of the Treasury determines that an amount

should be withheld under paragraph (1) or (2), and that the refund

from which it should be withheld is based upon a joint return, the

Secretary of the Treasury shall notify the State that the

withholding is being made from a refund based upon a joint return,

and shall furnish to the State the names and addresses of each

taxpayer filing such joint return. In the case of a withholding

under paragraph (2), the State may delay distribution of the amount

withheld until the State has been notified by the Secretary of the

Treasury that the other person filing the joint return has received

his or her proper share of the refund, but such delay may not

exceed six months.

individual owing the past-due support takes appropriate action to

secure his or her proper share of a refund from which a withholding

was made under paragraph (1) or (2), the Secretary of the Treasury

shall pay such share to such other person. The Secretary of the

Treasury shall deduct the amount of such payment from amounts

subsequently payable to the State agency to which the amount

originally withheld from such refund was paid.

(D) In any case in which an amount was withheld under paragraph

(1) or (2) and paid to a State, and the State subsequently

determines that the amount certified as past-due support was in

excess of the amount actually owed at the time the amount withheld

is to be distributed to or on behalf of the child, the State shall

pay the excess amount withheld to the named individual thought to

have owed the past-due support (or, in the case of amounts withheld

on the basis of a joint return, jointly to the parties filing such

return).

(b) Regulations; contents, etc.

(1) The Secretary of the Treasury shall issue regulations,

approved by the Secretary of Health and Human Services, prescribing

the time or times at which States must submit notices of past-due

support, the manner in which such notices must be submitted, and

the necessary information that must be contained in or accompany

the notices. The regulations shall be consistent with the

provisions of subsection (a)(3) of this section, shall specify the

minimum amount of past-due support to which the offset procedure

established by subsection (a) of this section may be applied, and

the fee that a State must pay to reimburse the Secretary of the

Treasury for the full cost of applying the offset procedure, and

shall provide that the Secretary of the Treasury will advise the

Secretary of Health and Human Services, not less frequently than

annually, of the States which have furnished notices of past-due

support under subsection (a) of this section, the number of cases

in each State with respect to which such notices have been

furnished, the amount of support sought to be collected under this

subsection by each State, and the amount of such collections

actually made in the case of each State. Any fee paid to the

Secretary of the Treasury pursuant to this subsection may be used

to reimburse appropriations which bore all or part of the cost of

applying such procedure.

(2) In the case of withholdings made under subsection (a)(2) of

this section, the regulations promulgated pursuant to this

subsection shall include the following requirements:

(A) The withholding shall apply only in the case where the

State determines that the amount of the past-due support which

will be owed at the time the withholding is to be made, based

upon the pattern of payment of support and other enforcement

actions being pursued to collect the past-due support, is equal

to or greater than $500. The State may limit the $500 threshold

amount to amounts of past-due support accrued since the time that

the State first began to enforce the child support order involved

under the State plan, and may limit the application of the

withholding to past-due support accrued since such time.

(B) The fee which the Secretary of the Treasury may impose to

cover the costs of the withholding and notification may not

exceed $25 per case submitted.

(1) Except as provided in paragraph (2), as used in this part the

term "past-due support" means the amount of a delinquency,

determined under a court order, or an order of an administrative

process established under State law, for support and maintenance of

a child, or of a child and the parent with whom the child is

living.

(2) For purposes of subsection (a)(2) of this section, the term

"past-due support" means only past-due support owed to or on behalf

of a qualified child (or a qualified child and the parent with whom

the child is living if the same support order includes support for

the child and the parent).

(3) For purposes of paragraph (2), the term "qualified child"

means a child -

(A) who is a minor; or

(B)(i) who, while a minor, was determined to be disabled under

subchapter II or XVI of this chapter; and

(ii) for whom an order of support is in force.

-SOURCE-

(Aug. 14, 1935, ch. 531, title IV, Sec. 464, as added Pub. L.

97-35, title XXIII, Sec. 2331(a), Aug. 13, 1981, 95 Stat. 860;

amended Pub. L. 98-378, Secs. 11(d), 21(a)-(c), Aug. 16, 1984, 98

Stat. 1318, 1322-1324; Pub. L. 99-514, Sec. 2, title XVIII, Sec.

1883(b)(8), Oct. 22, 1986, 100 Stat. 2095, 2917; Pub. L. 101-508,

title V, Sec. 5011(a), (b), Nov. 5, 1990, 104 Stat. 1388-220; Pub.

L. 104-134, title III, Sec. 31001(v)(2), Apr. 26, 1996, 110 Stat.

1321-375; Pub. L. 104-193, title III, Sec. 302(b)(1), Aug. 22,

1996, 110 Stat. 2204; Pub. L. 105-33, title V, Secs. 5513(a)(4),

5531(b), 5532(i)(1), Aug. 5, 1997, 111 Stat. 620, 626, 627.)

-REFTEXT-

REFERENCES IN TEXT

The Internal Revenue Code of 1986, referred to in subsec.

(a)(2)(B), is classified generally to Title 26, Internal Revenue

Code.

-MISC1-

AMENDMENTS

1997 - Subsec. (a)(1). Pub. L. 105-33, Sec. 5513(a)(4),

substituted "section 608(a)(3)" for "section 602(a)(26)".

Subsec. (a)(2)(A). Pub. L. 105-33, Sec. 5531(b), substituted

"section 654(4)(A)(ii)" for "section 654(6)" in first sentence.

Pub. L. 105-33, Sec. 5532(i)(1), inserted "in accordance with

section 657 of this title" after "owed" in penultimate sentence.

1996 - Subsec. (a)(1). Pub. L. 104-134, Sec. 31001(v)(2)(1),

inserted at end "This subsection may be executed by the disbursing

official of the Department of the Treasury."

Pub. L. 104-193 substituted "section 657" for "section 657(b)(4)

or (d)(3)".

Subsec. (a)(2)(A). Pub. L. 104-134, Sec. 31001(v)(2)(2), inserted

at end "This subsection may be executed by the Secretary of the

Department of the Treasury or his designee."

1990 - Subsec. (a)(2)(B). Pub. L. 101-508, Sec. 5011(a), struck

out ", and before January 1, 1991" after "1985".

Subsec. (c)(2). Pub. L. 101-508, Sec. 5011(b)(1), substituted

"qualified child (or a qualified child and the parent with whom the

child is living if the same support order includes support for the

child and the parent)" for "minor child".

Subsec. (c)(3). Pub. L. 101-508, Sec. 5011(b)(2), added par. (3).

1986 - Subsec. (a)(2)(B). Pub. L. 99-514, Sec. 2, substituted

"Internal Revenue Code of 1986" for "Internal Revenue Code of

1954".

Subsec. (b)(2)(A). Pub. L. 99-514, Sec. 1883(b)(8), substituted

"threshold" for "threshhold".

1984 - Subsec. (a). Pub. L. 98-378, Sec. 21(a), (b)(1),

designated existing provisions as par. (1), substituted "shall

concurrently send notice to such individual that the withholding

has been made (including in or with such notice a notification to

any other person who may have filed a joint return with such

individual of the steps which such other person may take in order

to secure his or her proper share of the refund), and shall pay"

for "and pay", and added pars. (2) and (3).

Pub. L. 98-378, Sec. 11(d), inserted "or section 671(a)(17)" and

substituted "section 657(b)(4) or (d)(3)" for "section 657(b)(3)".

Subsec. (b)(1). Pub. L. 98-378, Sec. 21(b)(2), designated

existing provisions as par. (1), substituted "The regulations shall

be consistent with the provisions of subsection (a)(3) of this

section, shall specify" for "The regulations shall specify",

substituted "and shall provide" for "and provide", inserted

provision that any fee paid to the Secretary of the Treasury

pursuant to subsec. (b) may be used to reimburse appropriations

which bore all or part of the cost of applying such procedure, and

added par. (2).

Subsec. (c)(1). Pub. L. 98-378, Sec. 21(c), designated existing

provisions as par. (1), inserted reference to par. (2), and added

par. (2).

EFFECTIVE DATE OF 1997 AMENDMENT

Amendment by section 5513(a)(4) 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 sections 5531(b) and 5532(i)(1) of Pub. L. 105-33

effective as if included in the enactment of title III of the

Personal Responsibility and Work Opportunity Reconciliation Act of

1996, Pub. L. 104-193, see section 5557 of Pub. L. 105-33, set out

as a note under section 608 of this title.

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-193 effective Oct. 1, 1996, or earlier

at the State's option, see section 302(c) of Pub. L. 104-193, set

out as a note under section 657 of this title.

For provisions relating to effective date of title III of Pub. L.

104-193, see section 395(a)-(c) of Pub. L. 104-193, set out as a

note under section 654 of this title.

EFFECTIVE DATE OF 1990 AMENDMENT

Section 5011(c) of Pub. L. 101-508 provided that: "The amendments

made by subsection (b) [amending this section] shall take effect on

January 1, 1991."

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by section 11(d) of Pub. L. 98-378 effective Oct. 1,

1984, and applicable to collections made on or after that date, see

section 11(e) of Pub. L. 98-378, set out as a note under section

654 of this title.

Amendment by section 21(a)-(c) of Pub. L. 98-378 applicable with

respect to refunds payable under section 6402 of Title 26, Internal

Revenue Code, after Dec. 31, 1985, see section 21(g) of Pub. L.

98-378, set out as a note under section 6103 of Title 26.

EFFECTIVE DATE

Section effective Oct. 1, 1981, except as otherwise specifically

provided, see section 2336 of Pub. L. 97-35, set out as an

Effective Date of 1981 Amendment note under section 651 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 608, 654, 657 of this

title; title 5 section 552a; title 26 section 6402.

-End-

-CITE-

42 USC Sec. 665 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 7 - SOCIAL SECURITY

SUBCHAPTER IV - GRANTS TO STATES FOR AID AND SERVICES TO NEEDY

FAMILIES WITH CHILDREN AND FOR CHILD-WELFARE

SERVICES

Part D - Child Support and Establishment of Paternity

-HEAD-

Sec. 665. Allotments from pay for child and spousal support owed by

members of uniformed services on active duty

-STATUTE-

(a) Mandatory allotment; notice upon failure to make; amount of

allotment; adjustment or discontinuance; consultation

(1) In any case in which child support payments or child and

spousal support payments are owed by a member of one of the

uniformed services (as defined in section 101(3) of title 37) on

active duty, such member shall be required to make allotments from

his pay and allowances (under chapter 13 of title 37) as payment of

such support, when he has failed to make periodic payments under a

support order that meets the criteria specified in section

1673(b)(1)(A) of title 15 and the resulting delinquency in such

payments is in a total amount equal to the support payable for two

months or longer. Failure to make such payments shall be

established by notice from an authorized person (as defined in

subsection (b) of this section) to the designated official in the

appropriate uniformed service. Such notice (which shall in turn be

given to the affected member) shall also specify the person to whom

the allotment is to be payable. The amount of the allotment shall

be the amount necessary to comply with the order (which, if the

order so provides, may include arrearages as well as amounts for

current support), except that the amount of the allotment, together

with any other amounts withheld for support from the wages of the

member, as a percentage of his pay from the uniformed service,

shall not exceed the limits prescribed in sections (!1) 1673(b) and

adjusted or discontinued upon notice from the authorized person.

(2) Notwithstanding the preceding provisions of this subsection,

no action shall be taken to require an allotment from the pay and

allowances of any member of one of the uniformed services under

such provisions (A) until such member has had a consultation with a

judge advocate of the service involved (as defined in section

801(13) of title 10), or with a law specialist (as defined in

section 801(11) of such title) in the case of the Coast Guard, or

with a legal officer designated by the Secretary concerned (as

defined in section 101(5) of title 37) in any other case, in

person, to discuss the legal and other factors involved with

respect to the member's support obligation and his failure to make

payments thereon, or (B) until 30 days have elapsed after the

notice described in the second sentence of paragraph (1) is given

to the affected member in any case where it has not been possible,

despite continuing good faith efforts, to arrange such a

consultation.

(b) "Authorized person" defined

For purposes of this section the term "authorized person" with

respect to any member of the uniformed services means -

(1) any agent or attorney of a State having in effect a plan

approved under this part who has the duty or authority under such

plan to seek to recover any amounts owed by such member as child

or child and spousal support (including, when authorized under

the State plan, any official of a political subdivision); and

(2) the court which has authority to issue an order against

such member for the support and maintenance of a child, or any

agent of such court.

The Secretary of Defense, in the case of the Army, Navy, Air

Force, and Marine Corps, and the Secretary concerned (as defined in

section 101(5) of title 37) in the case of each of the other

uniformed services, shall each issue regulations applicable to

allotments to be made under this section, designating the officials

to whom notice of failure to make support payments, or notice to

discontinue or adjust an allotment, should be given, prescribing

the form and content of the notice and specifying any other rules

necessary for such Secretary to implement this section.

-SOURCE-

(Aug. 14, 1935, ch. 531, title IV, Sec. 465, as added Pub. L.

97-248, title I, Sec. 172(a), Sept. 3, 1982, 96 Stat. 401.)

-MISC1-

EFFECTIVE DATE

Section 172(b) of Pub. L. 97-248 provided that: "The amendment

made by subsection (a) [enacting this section] shall become

effective on October 1, 1982."

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

-FOOTNOTE-

(!1) So in original. Probably should be "section".

-End-

-CITE-

42 USC Sec. 666 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 7 - SOCIAL SECURITY

SUBCHAPTER IV - GRANTS TO STATES FOR AID AND SERVICES TO NEEDY

FAMILIES WITH CHILDREN AND FOR CHILD-WELFARE

SERVICES

Part D - Child Support and Establishment of Paternity

-HEAD-

Sec. 666. Requirement of statutorily prescribed procedures to

improve effectiveness of child support enforcement

-STATUTE-

(a) Types of procedures required

In order to satisfy section 654(20)(A) of this title, each State

must have in effect laws requiring the use of the following

procedures, consistent with this section and with regulations of

the Secretary, to increase the effectiveness of the program which

the State administers under this part:

(1)(A) Procedures described in subsection (b) of this section

for the withholding from income of amounts payable as support in

cases subject to enforcement under the State plan.

(B) Procedures under which the income of a person with a

support obligation imposed by a support order issued (or

modified) in the State before January 1, 1994, if not otherwise

subject to withholding under subsection (b) of this section,

shall become subject to withholding as provided in subsection (b)

of this section if arrearages occur, without the need for a

judicial or administrative hearing.

(2) Expedited administrative and judicial procedures (including

the procedures specified in subsection (c) of this section) for

establishing paternity and for establishing, modifying, and

enforcing support obligations. The Secretary may waive the

provisions of this paragraph with respect to one or more

political subdivisions within the State on the basis of the

effectiveness and timeliness of support order issuance and

enforcement or paternity establishment within the political

subdivision (in accordance with the general rule for exemptions

under subsection (d) of this section).

(3) Procedures under which the State child support enforcement

agency shall request, and the State shall provide, that for the

purpose of enforcing a support order under any State plan

approved under this part -

(A) any refund of State income tax which would otherwise be

payable to a noncustodial parent will be reduced, after notice

has been sent to that noncustodial parent of the proposed

reduction and the procedures to be followed to contest it (and

after full compliance with all procedural due process

requirements of the State), by the amount of any overdue

support owed by such noncustodial parent;

(B) the amount by which such refund is reduced shall be

distributed in accordance with section 657 of this title in the

case of overdue support assigned to a State pursuant to section

608(a)(3) or 671(a)(17) of this title, or, in any other case,

shall be distributed, after deduction of any fees imposed by

the State to cover the costs of collection, to the child or

parent to whom such support is owed; and

account number (or numbers, if he has more than one such

number) and home address shall be furnished to the State agency

requesting the refund offset, and to the State agency enforcing

the order.

(4) Liens. - Procedures under which -

(A) liens arise by operation of law against real and personal

property for amounts of overdue support owed by a noncustodial

parent who resides or owns property in the State; and

(B) the State accords full faith and credit to liens

described in subparagraph (A) arising in another State, when

the State agency, party, or other entity seeking to enforce

such a lien complies with the procedural rules relating to

recording or serving liens that arise within the State, except

that such rules may not require judicial notice or hearing

prior to the enforcement of such a lien.

(5) Procedures concerning paternity establishment. -

(A) Establishment process available from birth until age 18.

(i) Procedures which permit the establishment of the

paternity of a child at any time before the child attains 18

years of age.

(ii) As of August 16, 1984, clause (i) shall also apply to

a child for whom paternity has not been established or for

whom a paternity action was brought but dismissed because a

statute of limitations of less than 18 years was then in

effect in the State.

(B) Procedures concerning genetic testing. -

(i) Genetic testing required in certain contested cases. -

Procedures under which the State is required, in a contested

paternity case (unless otherwise barred by State law) to

require the child and all other parties (other than

individuals found under section 654(29) of this title to have

good cause and other exceptions for refusing to cooperate) to

submit to genetic tests upon the request of any such party,

if the request is supported by a sworn statement by the party

(I) alleging paternity, and setting forth facts

establishing a reasonable possibility of the requisite

sexual contact between the parties; or

(II) denying paternity, and setting forth facts

establishing a reasonable possibility of the nonexistence

of sexual contact between the parties.

(ii) Other requirements. - Procedures which require the

State agency, in any case in which the agency orders genetic

testing -

(I) to pay costs of such tests, subject to recoupment (if

the State so elects) from the alleged father if paternity

is established; and

(II) to obtain additional testing in any case if an

original test result is contested, upon request and advance

payment by the contestant.

(i) Simple civil process. - Procedures for a simple civil

process for voluntarily acknowledging paternity under which

the State must provide that, before a mother and a putative

father can sign an acknowledgment of paternity, the mother

and the putative father must be given notice, orally, or

through the use of video or audio equipment, and in writing,

of the alternatives to, the legal consequences of, and the

rights (including, if 1 parent is a minor, any rights

afforded due to minority status) and responsibilities that

arise from, signing the acknowledgment.

(ii) Hospital-based program. - Such procedures must include

a hospital-based program for the voluntary acknowledgment of

paternity focusing on the period immediately before or after

the birth of a child.

(iii) Paternity establishment services. -

(I) State-offered services. - Such procedures must

require the State agency responsible for maintaining birth

records to offer voluntary paternity establishment

services.

(II) Regulations. -

(aa) Services offered by hospitals and birth record

agencies. - The Secretary shall prescribe regulations

governing voluntary paternity establishment services

offered by hospitals and birth record agencies.

(bb) Services offered by other entities. - The

Secretary shall prescribe regulations specifying the

types of other entities that may offer voluntary

paternity establishment services, and governing the

provision of such services, which shall include a

requirement that such an entity must use the same notice

provisions used by, use the same materials used by,

provide the personnel providing such services with the

same training provided by, and evaluate the provision of

such services in the same manner as the provision of such

services is evaluated by, voluntary paternity

establishment programs of hospitals and birth record

agencies.

(iv) Use of paternity acknowledgment affidavit. - Such

procedures must require the State to develop and use an

affidavit for the voluntary acknowledgment of paternity which

includes the minimum requirements of the affidavit specified

by the Secretary under section 652(a)(7) of this title for

the voluntary acknowledgment of paternity, and to give full

faith and credit to such an affidavit signed in any other

State according to its procedures.

(D) Status of signed paternity acknowledgment. -

(i) Inclusion in birth records. - Procedures under which

the name of the father shall be included on the record of

birth of the child of unmarried parents only if -

(I) the father and mother have signed a voluntary

acknowledgment of paternity; or

(II) a court or an administrative agency of competent

jurisdiction has issued an adjudication of paternity.

Nothing in this clause shall preclude a State agency from

obtaining an admission of paternity from the father for

submission in a judicial or administrative proceeding, or

prohibit the issuance of an order in a judicial or

administrative proceeding which bases a legal finding of

paternity on an admission of paternity by the father and any

other additional showing required by State law.

(ii) Legal finding of paternity. - Procedures under which a

signed voluntary acknowledgment of paternity is considered a

legal finding of paternity, subject to the right of any

signatory to rescind the acknowledgment within the earlier of

(I) 60 days; or

(II) the date of an administrative or judicial proceeding

relating to the child (including a proceeding to establish

a support order) in which the signatory is a party.

(iii) Contest. - Procedures under which, after the 60-day

period referred to in clause (ii), a signed voluntary

acknowledgment of paternity may be challenged in court only

on the basis of fraud, duress, or material mistake of fact,

with the burden of proof upon the challenger, and under which

the legal responsibilities (including child support

obligations) of any signatory arising from the acknowledgment

may not be suspended during the challenge, except for good

cause shown.

(E) Bar on acknowledgment ratification proceedings. -

Procedures under which judicial or administrative proceedings

are not required or permitted to ratify an unchallenged

acknowledgment of paternity.

(F) Admissibility of genetic testing results. - Procedures -

(i) requiring the admission into evidence, for purposes of

establishing paternity, of the results of any genetic test

that is -

(I) of a type generally acknowledged as reliable by

accreditation bodies designated by the Secretary; and

(II) performed by a laboratory approved by such an

accreditation body;

(ii) requiring an objection to genetic testing results to

be made in writing not later than a specified number of days

before any hearing at which the results may be introduced

into evidence (or, at State option, not later than a

specified number of days after receipt of the results); and

(iii) making the test results admissible as evidence of

paternity without the need for foundation testimony or other

proof of authenticity or accuracy, unless objection is made.

(G) Presumption of paternity in certain cases. - Procedures

which create a rebuttable or, at the option of the State,

conclusive presumption of paternity upon genetic testing

results indicating a threshold probability that the alleged

father is the father of the child.

(H) Default orders. - Procedures requiring a default order to

be entered in a paternity case upon a showing of service of

process on the defendant and any additional showing required by

State law.

(I) No right to jury trial. - Procedures providing that the

parties to an action to establish paternity are not entitled to

a trial by jury.

(J) Temporary support order based on probable paternity in

contested cases. - Procedures which require that a temporary

order be issued, upon motion by a party, requiring the

provision of child support pending an administrative or

judicial determination of parentage, if there is clear and

convincing evidence of paternity (on the basis of genetic tests

or other evidence).

(K) Proof of certain support and paternity establishment

costs. - Procedures under which bills for pregnancy,

childbirth, and genetic testing are admissible as evidence

without requiring third-party foundation testimony, and shall

constitute prima facie evidence of amounts incurred for such

services or for testing on behalf of the child.

(L) Standing of putative fathers. - Procedures ensuring that

the putative father has a reasonable opportunity to initiate a

paternity action.

(M) Filing of acknowledgments and adjudications in state

registry of birth records. - Procedures under which voluntary

acknowledgments and adjudications of paternity by judicial or

administrative processes are filed with the State registry of

birth records for comparison with information in the State case

registry.

(6) Procedures which require that a noncustodial parent give

security, post a bond, or give some other guarantee to secure

payment of overdue support, after notice has been sent to such

noncustodial parent of the proposed action and of the procedures

to be followed to contest it (and after full compliance with all

procedural due process requirements of the State).

(7) Reporting arrearages to credit bureaus. -

(A) In general. - Procedures (subject to safeguards pursuant

to subparagraph (B)) requiring the State to report periodically

to consumer reporting agencies (as defined in section 1681a(f)

of title 15) the name of any noncustodial parent who is

delinquent in the payment of support, and the amount of overdue

support owed by such parent.

(B) Safeguards. - Procedures ensuring that, in carrying out

subparagraph (A), information with respect to a noncustodial

parent is reported -

(i) only after such parent has been afforded all due

process required under State law, including notice and a

reasonable opportunity to contest the accuracy of such

information; and

(ii) only to an entity that has furnished evidence

satisfactory to the State that the entity is a consumer

reporting agency (as so defined).

(8)(A) Procedures under which all child support orders not

described in subparagraph (B) will include provision for

withholding from income, in order to assure that withholding as a

means of collecting child support is available if arrearages

occur without the necessity of filing application for services

under this part.

(B) Procedures under which all child support orders which are

initially issued in the State on or after January 1, 1994, and

are not being enforced under this part will include the following

requirements:

(i) The income of a noncustodial parent shall be subject to

withholding, regardless of whether support payments by such

parent are in arrears, on the effective date of the order;

except that such income shall not be subject to withholding

under this clause in any case where (I) one of the parties

demonstrates, and the court (or administrative process) finds,

that there is good cause not to require immediate income

withholding, or (II) a written agreement is reached between

both parties which provides for an alternative arrangement.

(ii) The requirements of subsection (b)(1) of this section

(which shall apply in the case of each noncustodial parent

against whom a support order is or has been issued or modified

in the State, without regard to whether the order is being

enforced under the State plan).

(iii) The requirements of paragraphs (2), (5), (6), (7), (8),

(9), and (10) of subsection (b) of this section, where

applicable.

(iv) Withholding from income of amounts payable as support

must be carried out in full compliance with all procedural due

process requirements of the State.

(9) Procedures which require that any payment or installment of

support under any child support order, whether ordered through

the State judicial system or through the expedited processes

required by paragraph (2), is (on and after the date it is due) -

(A) a judgment by operation of law, with the full force,

effect, and attributes of a judgment of the State, including

the ability to be enforced,

(B) entitled as a judgment to full faith and credit in such

State and in any other State, and

by any other State;

except that such procedures may permit modification with respect

to any period during which there is pending a petition for

modification, but only from the date that notice of such petition

has been given, either directly or through the appropriate agent,

to the obligee or (where the obligee is the petitioner) to the

obligor.

(10) Review and adjustment of support orders upon request. -

(A) 3-year cycle. -

(i) In general. - Procedures under which every 3 years (or

such shorter cycle as the State may determine), upon the

request of either parent, or, if there is an assignment under

part A of this subchapter, upon the request of the State

agency under the State plan or of either parent, the State

shall with respect to a support order being enforced under

this part, taking into account the best interests of the

child involved -

(I) review and, if appropriate, adjust the order in

accordance with the guidelines established pursuant to

section 667(a) of this title if the amount of the child

support award under the order differs from the amount that

would be awarded in accordance with the guidelines;

(II) apply a cost-of-living adjustment to the order in

accordance with a formula developed by the State; or

(III) use automated methods (including automated

comparisons with wage or State income tax data) to identify

orders eligible for review, conduct the review, identify

orders eligible for adjustment, and apply the appropriate

adjustment to the orders eligible for adjustment under any

threshold that may be established by the State.

(ii) Opportunity to request review of adjustment. - If the

State elects to conduct the review under subclause (II) or

(III) of clause (i), procedures which permit either party to

contest the adjustment, within 30 days after the date of the

notice of the adjustment, by making a request for review and,

if appropriate, adjustment of the order in accordance with

the child support guidelines established pursuant to section

667(a) of this title.

(iii) No proof of change in circumstances necessary in

3-year cycle review. - Procedures which provide that any

adjustment under clause (i) shall be made without a

requirement for proof or showing of a change in

circumstances.

(B) Proof of substantial change in circumstances necessary in

request for review outside 3-year cycle. - Procedures under

which, in the case of a request for a review, and if

appropriate, an adjustment outside the 3-year cycle (or such

shorter cycle as the State may determine) under clause (i), the

State shall review and, if the requesting party demonstrates a

substantial change in circumstances, adjust the order in

accordance with the guidelines established pursuant to section

667(a) of this title.

State to provide notice not less than once every 3 years to the

parents subject to the order informing the parents of their

right to request the State to review and, if appropriate,

adjust the order pursuant to this paragraph. The notice may be

included in the order.

(11) Procedures under which a State must give full faith and

credit to a determination of paternity made by any other State,

whether established through voluntary acknowledgment or through

administrative or judicial processes.

(12) Locator information from interstate networks. - Procedures

to ensure that all Federal and State agencies conducting

activities under this part have access to any system used by the

State to locate an individual for purposes relating to motor

vehicles or law enforcement.

(13) Recording of social security numbers in certain family

matters. - Procedures requiring that the social security number

of -

(A) any applicant for a professional license, driver's

license, occupational license, recreational license, or

marriage license be recorded on the application;

(B) any individual who is subject to a divorce decree,

support order, or paternity determination or acknowledgment be

placed in the records relating to the matter; and

relating to the death and be recorded on the death certificate.

For purposes of subparagraph (A), if a State allows the use of a

number other than the social security number to be used on the

face of the document while the social security number is kept on

file at the agency, the State shall so advise any applicants.

(14) High-volume, automated administrative enforcement in

interstate cases. -

(A) In general. - Procedures under which -

(i) the State shall use high-volume automated

administrative enforcement, to the same extent as used for

intrastate cases, in response to a request made by another

State to enforce support orders, and shall promptly report

the results of such enforcement procedure to the requesting

State;

(ii) the State may, by electronic or other means, transmit

to another State a request for assistance in enforcing

support orders through high-volume, automated administrative

enforcement, which request -

(I) shall include such information as will enable the

State to which the request is transmitted to compare the

information about the cases to the information in the data

bases of the State; and

(II) shall constitute a certification by the requesting

State -

(aa) of the amount of support under an order the

payment of which is in arrears; and

(bb) that the requesting State has complied with all

procedural due process requirements applicable to each

case;

(iii) if the State provides assistance to another State

pursuant to this paragraph with respect to a case, neither

State shall consider the case to be transferred to the

caseload of such other State; and

(iv) the State shall maintain records of -

(I) the number of such requests for assistance received

by the State;

(II) the number of cases for which the State collected

support in response to such a request; and

(III) the amount of such collected support.

(B) High-volume automated administrative enforcement. - In

this part, the term "high-volume automated administrative

enforcement", in interstate cases, means, on request of another

State, the identification by a State, through automated data

matches with financial institutions and other entities where

assets may be found, of assets owned by persons who owe child

support in other States, and the seizure of such assets by the

State, through levy or other appropriate processes.

(15) Procedures to ensure that persons owing overdue support

work or have a plan for payment of such support. - Procedures

under which the State has the authority, in any case in which an

individual owes overdue support with respect to a child receiving

assistance under a State program funded under part A of this

subchapter, to issue an order or to request that a court or an

administrative process established pursuant to State law issue an

order that requires the individual to -

(A) pay such support in accordance with a plan approved by

the court, or, at the option of the State, a plan approved by

the State agency administering the State program under this

part; or

(B) if the individual is subject to such a plan and is not

incapacitated, participate in such work activities (as defined

in section 607(d) of this title) as the court, or, at the

option of the State, the State agency administering the State

program under this part, deems appropriate.

(16) Authority to withhold or suspend licenses. - Procedures

under which the State has (and uses in appropriate cases)

authority to withhold or suspend, or to restrict the use of

driver's licenses, professional and occupational licenses, and

recreational and sporting licenses of individuals owing overdue

support or failing, after receiving appropriate notice, to comply

with subpoenas or warrants relating to paternity or child support

proceedings.

(17) Financial institution data matches. -

(A) In general. - Procedures under which the State agency

shall enter into agreements with financial institutions doing

business in the State -

(i) to develop and operate, in coordination with such

financial institutions, and the Federal Parent Locator

Service in the case of financial institutions doing business

in two or more States, a data match system, using automated

data exchanges to the maximum extent feasible, in which each

such financial institution is required to provide for each

calendar quarter the name, record address, social security

number or other taxpayer identification number, and other

identifying information for each noncustodial parent who

maintains an account at such institution and who owes

past-due support, as identified by the State by name and

social security number or other taxpayer identification

number; and

(ii) in response to a notice of lien or levy, encumber or

surrender, as the case may be, assets held by such

institution on behalf of any noncustodial parent who is

subject to a child support lien pursuant to paragraph (4).

(B) Reasonable fees. - The State agency may pay a reasonable

fee to a financial institution for conducting the data match

provided for in subparagraph (A)(i), not to exceed the actual

costs incurred by such financial institution.

under any Federal or State law to any person -

(i) for any disclosure of information to the State agency

under subparagraph (A)(i);

(ii) for encumbering or surrendering any assets held by

such financial institution in response to a notice of lien or

levy issued by the State agency as provided for in

subparagraph (A)(ii); or

(iii) for any other action taken in good faith to comply

with the requirements of subparagraph (A).

(D) Definitions. - For purposes of this paragraph -

(i) Financial institution. - The term "financial

institution" has the meaning given to such term by section

669A(d)(1) of this title.

(ii) Account. - The term "account" means a demand deposit

account, checking or negotiable withdrawal order account,

savings account, time deposit account, or money-market mutual

fund account.

(18) Enforcement of orders against paternal or maternal

grandparents. - Procedures under which, at the State's option,

any child support order enforced under this part with respect to

a child of minor parents, if the custodial parent of such child

is receiving assistance under the State program under part A of

this subchapter, shall be enforceable, jointly and severally,

against the parents of the noncustodial parent of such child.

(19) Health care coverage. - Procedures under which -

(A) effective as provided in section 401(c)(3) of the Child

Support Performance and Incentive Act of 1998, all child

support orders enforced pursuant to this part which include a

provision for the health care coverage of the child are

enforced, where appropriate, through the use of the National

Medical Support Notice promulgated pursuant to section 401(b)

of the Child Support Performance and Incentive Act of 1998 (and

referred to in section 609(a)(5)(C) of the Employee Retirement

Income Security Act of 1974 [29 U.S.C. 1169(a)(5)(C)] in

connection with group health plans covered under title I of

such Act [29 U.S.C. 1001 et seq.], in section 401(e)(3)(C) of

the Child Support Performance and Incentive Act of 1998 in

connection with State or local group health plans, and in

section 401(f)(5)(C) of such Act in connection with church

group health plans);

(B) unless alternative coverage is allowed for in any order

of the court (or other entity issuing the child support order),

in any case in which a noncustodial parent is required under

the child support order to provide such health care coverage

and the employer of such noncustodial parent is known to the

State agency -

(i) the State agency uses the National Medical Support

Notice to transfer notice of the provision for the health

care coverage of the child to the employer;

(ii) within 20 business days after the date of the National

Medical Support Notice, the employer is required to transfer

the Notice, excluding the severable employer withholding

notice described in section 401(b)(2)(C) of the Child Support

Performance and Incentive Act of 1998, to the appropriate

plan providing any such health care coverage for which the

child is eligible;

(iii) in any case in which the noncustodial parent is a

newly hired employee entered in the State Directory of New

Hires pursuant to section 653a(e) of this title, the State

agency provides, where appropriate, the National Medical

Support Notice, together with an income withholding notice

issued pursuant to subsection (b) of this section, within two

days after the date of the entry of such employee in such

Directory; and

(iv) in any case in which the employment of the

noncustodial parent with any employer who has received a

National Medical Support Notice is terminated, such employer

is required to notify the State agency of such termination;

and

employee contributions which are required under such plan for

enrollment of the child is effectively subject to appropriate

enforcement, unless the noncustodial parent contests such

enforcement based on a mistake of fact.

Notwithstanding section 654(20)(B) of this title, the procedures

which are required under paragraphs (3), (4), (6), (7), and (15)

need not be used or applied in cases where the State determines

(using guidelines which are generally available within the State

and which take into account the payment record of the noncustodial

parent, the availability of other remedies, and other relevant

considerations) that such use or application would not carry out

the purposes of this part or would be otherwise inappropriate in

the circumstances.

(b) Withholding from income of amounts payable as support

The procedures referred to in subsection (a)(1)(A) of this

section (relating to the withholding from income of amounts payable

as support) must provide for the following:

(1) In the case of each noncustodial parent against whom a

support order is or has been issued or modified in the State, and

is being enforced under the State plan, so much of such parent's

income must be withheld, in accordance with the succeeding

provisions of this subsection, as is necessary to comply with the

order and provide for the payment of any fee to the employer

which may be required under paragraph (6)(A), up to the maximum

amount permitted under section 1673(b) of title 15. If there are

arrearages to be collected, amounts withheld to satisfy such

arrearages, when added to the amounts withheld to pay current

support and provide for the fee, may not exceed the limit

permitted under such section 1673(b), but the State need not

withhold up to the maximum amount permitted under such section in

order to satisfy arrearages.

(2) Such withholding must be provided without the necessity of

any application therefor in the case of a child (whether or not

eligible for assistance under a State program funded under part A

of this subchapter) with respect to whom services are already

being provided under the State plan under this part, and must be

provided in accordance with this subsection on the basis of an

application for services under the State plan in the case of any

other child in whose behalf a support order has been issued or

modified in the State. In either case such withholding must occur

without the need for any amendment to the support order involved

or for any further action (other than those actions required

under this part) by the court or other entity which issued such

order.

(3)(A) The income of a noncustodial parent shall be subject to

such withholding, regardless of whether support payments by such

parent are in arrears, in the case of a support order being

enforced under this part that is issued or modified on or after

the first day of the 25th month beginning after October 13, 1988,

on the effective date of the order; except that such income shall

not be subject to such withholding under this subparagraph in any

case where (i) one of the parties demonstrates, and the court (or

administrative process) finds, that there is good cause not to

require immediate income withholding, or (ii) a written agreement

is reached between both parties which provides for an alternative

arrangement.

(B) The income of a noncustodial parent shall become subject to

such withholding, in the case of income not subject to

withholding under subparagraph (A), on the date on which the

payments which the noncustodial parent has failed to make under a

support order are at least equal to the support payable for one

month or, if earlier, and without regard to whether there is an

arrearage, the earliest of -

(i) the date as of which the noncustodial parent requests

that such withholding begin,

(ii) the date as of which the custodial parent requests that

such withholding begin, if the State determines, in accordance

with such procedures and standards as it may establish, that

the request should be approved, or

(iii) such earlier date as the State may select.

(4)(A) Such withholding must be carried out in full compliance

with all procedural due process requirements of the State, and

the State must send notice to each noncustodial parent to whom

paragraph (1) applies -

(i) that the withholding has commenced; and

(ii) of the procedures to follow if the noncustodial parent

desires to contest such withholding on the grounds that the

withholding or the amount withheld is improper due to a mistake

of fact.

(B) The notice under subparagraph (A) of this paragraph shall

include the information provided to the employer under paragraph

(6)(A).

(5) Such withholding must be administered by the State through

the State disbursement unit established pursuant to section 654b

of this title, in accordance with the requirements of section

654b of this title.

(6)(A)(i) The employer of any noncustodial parent to whom

paragraph (1) applies, upon being given notice as described in

clause (ii), must be required to withhold from such noncustodial

parent's income the amount specified by such notice (which may

include a fee, established by the State, to be paid to the

employer unless waived by such employer) and pay such amount

(after deducting and retaining any portion thereof which

represents the fee so established) to the State disbursement unit

within 7 business days after the date the amount would (but for

this subsection) have been paid or credited to the employee, for

distribution in accordance with this part. The employer shall

withhold funds as directed in the notice, except that when an

employer receives an income withholding order issued by another

State, the employer shall apply the income withholding law of the

State of the obligor's principal place of employment in

determining -

(I) the employer's fee for processing an income withholding

order;

(II) the maximum amount permitted to be withheld from the

obligor's income;

(III) the time periods within which the employer must

implement the income withholding order and forward the child

support payment;

(IV) the priorities for withholding and allocating income

withheld for multiple child support obligees; and

(V) any withholding terms or conditions not specified in the

order.

An employer who complies with an income withholding notice that

is regular on its face shall not be subject to civil liability to

any individual or agency for conduct in compliance with the

notice.

(ii) The notice given to the employer shall be in a standard

format prescribed by the Secretary, and contain only such

information as may be necessary for the employer to comply with

the withholding order.

(iii) As used in this subparagraph, the term "business day"

means a day on which State offices are open for regular business.

(B) Methods must be established by the State to simplify the

withholding process for employers to the greatest extent

possible, including permitting any employer to combine all

withheld amounts into a single payment to each appropriate agency

or entity (with the portion thereof which is attributable to each

individual employee being separately designated).

amount which such employer fails to withhold from income due an

employee following receipt by such employer of proper notice

under subparagraph (A), but such employer shall not be required

to vary the normal pay and disbursement cycles in order to comply

with this paragraph.

(D) Provision must be made for the imposition of a fine against

any employer who -

(i) discharges from employment, refuses to employ, or takes

disciplinary action against any noncustodial parent subject to

income withholding required by this subsection because of the

existence of such withholding and the obligations or additional

obligations which it imposes upon the employer; or

(ii) fails to withhold support from income or to pay such

amounts to the State disbursement unit in accordance with this

subsection.

(7) Support collection under this subsection must be given

priority over any other legal process under State law against the

same income.

(8) For purposes of subsection (a) of this section and this

subsection, the term "income" means any periodic form of payment

due to an individual, regardless of source, including wages,

salaries, commissions, bonuses, worker's compensation,

disability, payments pursuant to a pension or retirement program,

and interest.

(9) The State must extend its withholding system under this

subsection so that such system will include withholding from

income derived within such State in cases where the applicable

support orders were issued in other States, in order to assure

that child support owed by noncustodial parents in such State or

any other State will be collected without regard to the residence

of the child for whom the support is payable or of such child's

custodial parent.

(10) Provision must be made for terminating withholding.

(11) Procedures under which the agency administering the State

plan approved under this part may execute a withholding order

without advance notice to the obligor, including issuing the

withholding order through electronic means.

The procedures specified in this subsection are the following:

(1) Administrative action by State agency

Procedures which give the State agency the authority to take

the following actions relating to establishment of paternity or

to establishment, modification, or enforcement of support orders,

without the necessity of obtaining an order from any other

judicial or administrative tribunal, and to recognize and enforce

the authority of State agencies of other States to take the

following actions:

(A) Genetic testing

To order genetic testing for the purpose of paternity

establishment as provided in subsection (a)(5) of this section.

(B) Financial or other information

To subpoena any financial or other information needed to

establish, modify, or enforce a support order, and to impose

penalties for failure to respond to such a subpoena.

To require all entities in the State (including for-profit,

nonprofit, and governmental employers) to provide promptly, in

response to a request by the State agency of that or any other

State administering a program under this part, information on

the employment, compensation, and benefits of any individual

employed by such entity as an employee or contractor, and to

sanction failure to respond to any such request.

(D) Access to information contained in certain records

To obtain access, subject to safeguards on privacy and

information security, and subject to the nonliability of

entities that afford such access under this subparagraph, to

information contained in the following records (including

automated access, in the case of records maintained in

automated data bases):

(i) Records of other State and local government agencies,

including -

(I) vital statistics (including records of marriage,

birth, and divorce);

(II) State and local tax and revenue records (including

information on residence address, employer, income and

assets);

(III) records concerning real and titled personal

property;

(IV) records of occupational and professional licenses,

and records concerning the ownership and control of

corporations, partnerships, and other business entities;

(V) employment security records;

(VI) records of agencies administering public assistance

programs;

(VII) records of the motor vehicle department; and

(VIII) corrections records.

(ii) Certain records held by private entities with respect

to individuals who owe or are owed support (or against or

with respect to whom a support obligation is sought),

consisting of -

(I) the names and addresses of such individuals and the

names and addresses of the employers of such individuals,

as appearing in customer records of public utilities and

cable television companies, pursuant to an administrative

subpoena authorized by subparagraph (B); and

(II) information (including information on assets and

liabilities) on such individuals held by financial

institutions.

(E) Change in payee

In cases in which support is subject to an assignment in

order to comply with a requirement imposed pursuant to part A

of this subchapter, part E of this subchapter, or section 1396k

of this title, or to a requirement to pay through the State

disbursement unit established pursuant to section 654b of this

title, upon providing notice to obligor and obligee, to direct

the obligor or other payor to change the payee to the

appropriate government entity.

(F) Income withholding

To order income withholding in accordance with subsections

(a)(1)(A) and (b) of this section.

(G) Securing assets

In cases in which there is a support arrearage, to secure

assets to satisfy any current support obligation and the

arrearage by -

(i) intercepting or seizing periodic or lump-sum payments

from -

(I) a State or local agency, including unemployment

compensation, workers' compensation, and other benefits;

and

(II) judgments, settlements, and lotteries;

(ii) attaching and seizing assets of the obligor held in

financial institutions;

(iii) attaching public and private retirement funds; and

(iv) imposing liens in accordance with subsection (a)(4) of

this section and, in appropriate cases, to force sale of

property and distribution of proceeds.

(H) Increase monthly payments

For the purpose of securing overdue support, to increase the

amount of monthly support payments to include amounts for

arrearages, subject to such conditions or limitations as the

State may provide.

Such procedures shall be subject to due process safeguards,

including (as appropriate) requirements for notice, opportunity

to contest the action, and opportunity for an appeal on the

record to an independent administrative or judicial tribunal.

(2) Substantive and procedural rules

The expedited procedures required under subsection (a)(2) of

this section shall include the following rules and authority,

applicable with respect to all proceedings to establish paternity

or to establish, modify, or enforce support orders:

(A) Locator information; presumptions concerning notice

Procedures under which -

(i) each party to any paternity or child support proceeding

is required (subject to privacy safeguards) to file with the

State case registry upon entry of an order, and to update as

appropriate, information on location and identity of the

party, including social security number, residential and

mailing addresses, telephone number, driver's license number,

and name, address, and telephone number of employer; and

(ii) in any subsequent child support enforcement action

between the parties, upon sufficient showing that diligent

effort has been made to ascertain the location of such a

party, the court or administrative agency of competent

jurisdiction shall deem State due process requirements for

notice and service of process to be met with respect to the

party, upon delivery of written notice to the most recent

residential or employer address filed with the State case

registry pursuant to clause (i).

(B) Statewide jurisdiction

Procedures under which -

(i) the State agency and any administrative or judicial

tribunal with authority to hear child support and paternity

cases exerts statewide jurisdiction over the parties; and

(ii) in a State in which orders are issued by courts or

administrative tribunals, a case may be transferred between

local jurisdictions in the State without need for any

additional filing by the petitioner, or service of process

upon the respondent, to retain jurisdiction over the parties.

(3) Coordination with ERISA

Notwithstanding subsection (d) of section 514 of the Employee

Retirement Income Security Act of 1974 [29 U.S.C. 1144(d)]

(relating to effect on other laws), nothing in this subsection

shall be construed to alter, amend, modify, invalidate, impair,

or supersede subsections (a), (b), and (c) of such section 514

[29 U.S.C. 1144(a)-(c)] as it applies with respect to any

procedure referred to in paragraph (1) and any expedited

procedure referred to in paragraph (2), except to the extent that

such procedure would be consistent with the requirements of

section 206(d)(3) of such Act [29 U.S.C. 1056(d)(3)] (relating to

qualified domestic relations orders) or the requirements of

section 609(a) of such Act [29 U.S.C. 1169(a)] (relating to

qualified medical child support orders) if the reference in such

section 206(d)(3) to a domestic relations order and the reference

in such section 609(a) to a medical child support order were a

reference to a support order referred to in paragraphs (1) and

(2) relating to the same matters, respectively.

(d) Exemption of States

If a State demonstrates to the satisfaction of the Secretary,

through the presentation to the Secretary of such data pertaining

to caseloads, processing times, administrative costs, and average

support collections, and such other data or estimates as the

Secretary may specify, that the enactment of any law or the use of

any procedure or procedures required by or pursuant to this section

will not increase the effectiveness and efficiency of the State

child support enforcement program, the Secretary may exempt the

State, subject to the Secretary's continuing review and to

termination of the exemption should circumstances change, from the

requirement to enact the law or use the procedure or procedures

involved.

(e) "Overdue support" defined

For purposes of this section, the term "overdue support" means

the amount of a delinquency pursuant to an obligation determined

under a court order, or an order of an administrative process

established under State law, for support and maintenance of a minor

child which is owed to or on behalf of such child, or for support

and maintenance of the noncustodial parent's spouse (or former

spouse) with whom the child is living if and to the extent that

spousal support (with respect to such spouse or former spouse)

would be included for purposes of section 654(4) of this title. At

the option of the State, overdue support may include amounts which

otherwise meet the definition in the first sentence of this

subsection but which are owed to or on behalf of a child who is not

a minor child. The option to include support owed to children who

are not minors shall apply independently to each procedure

specified under this section.

(f) Uniform Interstate Family Support Act

In order to satisfy section 654(20)(A) of this title, on and

after January 1, 1998, each State must have in effect the Uniform

Interstate Family Support Act, as approved by the American Bar

Association on February 9, 1993, and as in effect on August 22,

1996, including any amendments officially adopted as of such date

by the National Conference of Commissioners on Uniform State Laws.

(g) Laws voiding fraudulent transfers

In order to satisfy section 654(20)(A) of this title, each State

must have in effect -

(1)(A) the Uniform Fraudulent Conveyance Act of 1981;

(B) the Uniform Fraudulent Transfer Act of 1984; or

prima facie case that a debtor transferred income or property to

avoid payment to a child support creditor, which the Secretary

finds affords comparable rights to child support creditors; and

(2) procedures under which, in any case in which the State

knows of a transfer by a child support debtor with respect to

which such a prima facie case is established, the State must -

(A) seek to void such transfer; or

(B) obtain a settlement in the best interests of the child

support creditor.

-SOURCE-

(Aug. 14, 1935, ch. 531, title IV, Sec. 466, as added Pub. L.

98-378, Sec. 3(b), Aug. 16, 1984, 98 Stat. 1306; amended Pub. L.

99-509, title IX, Sec. 9103(a), Oct. 21, 1986, 100 Stat. 1973; Pub.

L. 100-485, title I, Secs. 101(a), (b), 103(c), 111(b), (e), Oct.

13, 1988, 102 Stat. 2344-2346, 2349, 2350; Pub. L. 100-647, title

VIII, Sec. 8105(4), Nov. 10, 1988, 102 Stat. 3797; Pub. L. 103-66,

title XIII, Sec. 13721(b), Aug. 10, 1993, 107 Stat. 659; Pub. L.

103-432, title II, Sec. 212(a), Oct. 31, 1994, 108 Stat. 4460; Pub.

L. 104-193, title I, Sec. 108(c)(14), (15), title III, Secs.

301(c)(3), (4), 314, 315, 317, 321, 323, 325(a), 331(a), 351, 364,

365, 367-369, 372, 373, 382, 395(d)(1)(H), (2)(D), Aug. 22, 1996,

110 Stat. 2166, 2200, 2212, 2214, 2220-2222, 2224, 2227, 2239,

2249-2251, 2254, 2255, 2257, 2259, 2260; Pub. L. 105-33, title V,

Secs. 5532(i)(2), 5536-5539, 5544, 5550(a), 5551, 5556(a), (e),

Aug. 5, 1997, 111 Stat. 627, 629-631, 633, 634, 637; Pub. L.

105-200, title IV, Secs. 401(c)(1), 404(a), 406(a), July 16, 1998,

112 Stat. 661, 671; Pub. L. 106-169, title IV, Sec. 401(f), (m),

(n), Dec. 14, 1999, 113 Stat. 1858, 1859.)

-REFTEXT-

REFERENCES IN TEXT

Parts A and E of this subchapter, referred to in subsecs.

(a)(10)(A)(i), (15), (18), (b)(2), and (c)(1)(E), are classified to

sections 601 et seq. and 670 et seq., respectively, of this title.

Sections 401(b), 401(c)(3), and 401(f)(5)(C) of the Child Support

Performance and Incentive Act of 1998, Pub. L. 105-200, referred to

in subsec. (a)(19)(A), (B)(ii), are set out as notes under section

651 of this title, section 652 of this title, and section 1169 of

Title 29, Labor, respectively. Section 401(e)(3)(C) of the Act,

referred to in subsec. (a)(19)(A), probably means section 401(e) or

401(e)(3) of the Act, which is set out in a note under section 1169

of Title 29. Section 401(e)(3) of Pub. L. 105-200 does not contain

a subpar. (C).

The Employee Retirement Income Security Act of 1974, referred to

in subsec. (a)(19)(A), is Pub. L. 93-406, Sept. 2, 1974, 88 Stat.

829, as amended. Title I of the Act is classified generally to

subchapter I (Sec. 1001 et seq.) of chapter 18 of Title 29, Labor.

For complete classification of this Act to the Code, see Short

Title note set out under section 1001 of Title 29 and Tables.

-COD-

CODIFICATION

October 13, 1988, referred to in subsec. (b)(3)(A), was in the

original "the date of enactment of this paragraph", which was

translated as meaning the date of enactment of Pub. L. 100-485,

which amended par. (3) of this section generally, to reflect the

probable intent of Congress.

-MISC1-

AMENDMENTS

1999 - Subsec. (a)(7)(A). Pub. L. 106-169, Sec. 401(m),

substituted "1681a(f) of title 15)" for "1681a(f) of title 15".

Subsec. (b)(6)(A)(i). Pub. L. 106-169, Sec. 401(n), substituted

"State of the obligor's" for "state of the obligor's" in

introductory provisions.

Subsec. (c)(2)(A)(i). Pub. L. 106-169, Sec. 401(f), substituted

"social security" for "Social Security".

1998 - Subsec. (a)(14)(B). Pub. L. 105-200, Sec. 404(a), amended

heading and text of subpar. (B) generally. Prior to amendment, text

read as follows: "In this part, the term 'high-volume automated

administrative enforcement' means the use of automatic data

processing to search various State data bases, including license

records, employment service data, and State new hire registries, to

determine whether information is available regarding a parent who

owes a child support obligation."

Subsec. (a)(17)(A)(i). Pub. L. 105-200, Sec. 406(a), inserted

"and the Federal Parent Locator Service in the case of financial

institutions doing business in two or more States," before "a data

match system".

Subsec. (a)(19). Pub. L. 105-200, Sec. 401(c)(1), amended heading

and text of par. (19) generally. Prior to amendment, text read as

follows: "Procedures under which all child support orders enforced

pursuant to this part shall include a provision for the health care

coverage of the child, and in the case in which a noncustodial

parent provides such coverage and changes employment, and the new

employer provides health care coverage, the State agency shall

transfer notice of the provision to the employer, which notice

shall operate to enroll the child in the noncustodial parent's

health plan, unless the noncustodial parent contests the notice."

1997 - Subsec. (a)(1)(B). Pub. L. 105-33, Sec. 5556(e),

substituted "January 1, 1994" for "October 1, 1996".

Subsec. (a)(3)(B). Pub. L. 105-33, Sec. 5532(i)(2), substituted

"section 657" for "section 657(b)(4) or (d)(3)".

Subsec. (a)(5)(C)(i). Pub. L. 105-33, Sec. 5539, inserted ", or

through the use of video or audio equipment," after "orally".

Subsec. (a)(13). Pub. L. 105-33, Sec. 5536(2), inserted "to be

used on the face of the document while the social security number

is kept on file at the agency" after "other than the social

security number" in concluding provisions.

Subsec. (a)(13)(A). Pub. L. 105-33, Sec. 5536(1)(B), inserted

"recreational license," after "occupational license,".

Pub. L. 105-33, Sec. 5536(1)(A), struck out "commercial" before

"driver's license".

Subsec. (a)(14). Pub. L. 105-33, Sec. 5550(a), amended heading

and text of par. (14) generally. Prior to amendment, text consisted

of subpars. (A) to (D) relating to administrative enforcement in

interstate cases.

Subsec. (a)(15). Pub. L. 105-33, Sec. 5551, amended heading and

text of par. (15) generally. Prior to amendment, text related to

procedures to ensure that persons owning past-due support work or

have a plan for payment of such support.

Subsec. (a)(16). Pub. L. 105-33, Sec. 5544, inserted "and

sporting" after "recreational".

Subsec. (c)(1)(E). Pub. L. 105-33, Sec. 5538(1)(A), inserted ",

part E of this subchapter," after "part A of this subchapter".

Subsec. (c)(1)(F). Pub. L. 105-33, Sec. 5556(a), made technical

amendment to reference in original act which appears in text as

reference to subsections (a)(1)(A) and (b) of this section.

Subsec. (c)(1)(G). Pub. L. 105-33, Sec. 5538(1)(B), inserted "any

current support obligation and" after "to satisfy" in introductory

provisions.

Subsec. (c)(2)(A)(i). Pub. L. 105-33, Sec. 5538(2)(A), struck out

"the tribunal and" after "to file with".

Subsec. (c)(2)(A)(ii). Pub. L. 105-33, Sec. 5538(2)(B),

substituted "court or administrative agency of competent

jurisdiction shall" for "tribunal may" and "filed with the State

case registry" for "filed with the tribunal".

Subsec. (f). Pub. L. 105-33, Sec. 5537, substituted "and as in

effect on August 22, 1996, including any amendments officially

adopted as of such date by the National Conference of Commissioners

on Uniform State Laws." for "together with any amendments

officially adopted before January 1, 1998 by the National

Conference of Commissioners on Uniform State Laws."

1996 - Subsec. (a). Pub. L. 104-193, Secs. 365(b), 395(d)(1)(H),

in closing provisions, substituted "(7), and (15)" for "and (7)"

and "noncustodial parent" for "absent parent".

Subsec. (a)(1). Pub. L. 104-193, Sec. 314(a)(1), amended par. (1)

generally. Prior to amendment, par. (1) read as follows:

"Procedures described in subsection (b) of this section for the

withholding from income of amounts payable as support."

Subsec. (a)(2). Pub. L. 104-193, Sec. 325(a)(1), substituted

"Expedited administrative and judicial procedures (including the

procedures specified in subsection (c) of this section) for

establishing paternity and for establishing, modifying, and

enforcing support obligations." for "Procedures under which

expedited processes (determined in accordance with regulations of

the Secretary) are in effect under the State judicial system or

under State administrative processes (A) for obtaining and

enforcing support orders, and (B) for establishing paternity."

Subsec. (a)(3)(A). Pub. L. 104-193, Sec. 395(d)(1)(H), (2)(D),

substituted "a noncustodial parent" for "an absent parent" and

substituted "noncustodial parent" for "absent parent" in two

places.

Subsec. (a)(3)(B). Pub. L. 104-193, Sec. 301(c)(3), substituted

"in any other case" for "in the case of overdue support which a

State has agreed to collect under section 654(6) of this title".

Pub. L. 104-193, Sec. 108(c)(14), substituted "section 608(a)(3)"

for "section 602(a)(26)".

(a)(3)(C). Pub. L. 104-193, Sec. 395(d)(1)(H), substituted

"noncustodial parent's" for "absent parent's".

Subsec. (a)(4). Pub. L. 104-193, Sec. 368, inserted heading and

amended text of par. (4) generally. Prior to amendment, text read

as follows: "Procedures under which liens are imposed against real

and personal property for amounts of overdue support owed by an

absent parent who resides or owns property in the State."

Subsec. (a)(5). Pub. L. 104-193, Sec. 331(a), inserted heading

and amended text of par. (5) generally. Prior to amendment, text

related to establishment of child's paternity prior to child's

eighteenth birthday.

Subsec. (a)(6). Pub. L. 104-193, Sec. 395(d)(1)(H), (2)(D),

substituted "a noncustodial parent give security" for "an absent

parent give security" and "noncustodial parent of the proposed

action" for "absent parent of the proposed action".

Subsec. (a)(7). Pub. L. 104-193, Sec. 367, inserted heading and

amended text of par. (7) generally. Prior to amendment, text read

as follows: "Procedures which require the State to periodically

report to consumer reporting agencies (as defined in section

1681a(f) of title 15) the name of any parent who owes overdue

support and is at least 2 months delinquent in the payment of such

support and the amount of such delinquency; except that (A) if the

amount of the overdue support involved in any case is less than

$1,000, information regarding such amount shall be made available

only at the option of the State, (B) any information with respect

to an absent parent shall be made available under such procedures

only after notice has been sent to such absent parent of the

proposed action, and such absent parent has been given a reasonable

opportunity to contest the accuracy of such information (and after

full compliance with all procedural due process requirements of the

State), and (C) such information shall not be made available to (i)

a consumer reporting agency which the State determines does not

have sufficient capability to systematically and timely make

accurate use of such information, or (ii) an entity which has not

furnished evidence satisfactory to the State that the entity is a

consumer reporting agency."

Subsec. (a)(8)(A). Pub. L. 104-193, Sec. 314(b)(2)(A),

substituted "income" for "wages".

Subsec. (a)(8)(B)(i). Pub. L. 104-193, Secs. 314(b)(2)(A),

395(d)(2)(D), substituted "income" for "wages" in two places and "a

noncustodial parent" for "an absent parent".

Subsec. (a)(8)(B)(ii). Pub. L. 104-193, Sec. 395(d)(1)(H),

substituted "noncustodial parent" for "absent parent".

Subsec. (a)(10). Pub. L. 104-193, Sec. 351, inserted heading and

amended text of par. (10) generally. Prior to amendment, text

consisted of subpars. (A) to (C) relating to procedures to ensure

review of child support orders and to ensure that States implement

a process for periodic review and adjustment of child support

orders and provide certain notices to parents subject to child

support order of matters relating to the review and adjustment of

those orders.

Subsec. (a)(12). Pub. L. 104-193, Sec. 315, added par. (12).

Subsec. (a)(13). Pub. L. 104-193, Sec. 317, added par. (13).

Subsec. (a)(14). Pub. L. 104-193, Sec. 323, added par. (14).

Subsec. (a)(15). Pub. L. 104-193, Sec. 365(a), added par. (15).

Subsec. (a)(16). Pub. L. 104-193, Sec. 369, added par. (16).

Subsec. (a)(17). Pub. L. 104-193, Sec. 372, added par. (17).

Subsec. (a)(18). Pub. L. 104-193, Sec. 373, added par. (18).

Subsec. (a)(19). Pub. L. 104-193, Sec. 382, added par. (19).

Subsec. (b). Pub. L. 104-193, Sec. 314(a)(2)(A), substituted

"subsection (a)(1)(A)" for "subsection (a)(1)" in introductory

provisions.

Subsec. (b)(1). Pub. L. 104-193, Secs. 314(b)(2)(B),

395(d)(1)(H), substituted "noncustodial parent" for "absent parent"

and "income" for "wages (as defined by the State for purposes of

this section)".

Subsec. (b)(2). Pub. L. 104-193, Sec. 108(c)(15), substituted

"assistance under a State program funded under part A" for "aid

under part A".

Subsec. (b)(3)(A). Pub. L. 104-193, Secs. 314(b)(2)(A),

395(d)(2)(D), substituted "income" for "wages" in two places and "a

noncustodial parent" for "an absent parent".

Subsec. (b)(3)(B). Pub. L. 104-193, Secs. 314(b)(2)(A),

395(d)(1)(H), (2)(D), in introductory provisions, substituted

"income" for "wages" in two places, "a noncustodial parent" for "an

absent parent", and "the noncustodial parent" for "the absent

parent".

Subsec. (b)(3)(B)(i). Pub. L. 104-193, Sec. 395(d)(1)(H),

substituted "noncustodial parent" for "absent parent".

Subsec. (b)(4). Pub. L. 104-193, Sec. 314(a)(2)(B), amended par.

(4) generally. Prior to amendment, par. (4) read as follows:

"(A) Such withholding must be carried out in full compliance with

all procedural due process requirements of the State, and (subject

to subparagraph (B)) the State must send advance notice to each

absent parent to whom paragraph (1) applies regarding the proposed

withholding and the procedures such absent parent should follow if

he or she desires to contest such withholding on the grounds that

withholding (including the amount to be withheld) is not proper in

the case involved because of mistakes of fact. If the absent parent

contests such withholding on those grounds, the State shall

determine whether such withholding will actually occur, shall

(within no more than 45 days after the provision of such advance

notice) inform such parent of whether or not withholding will occur

and (if so) of the date on which it is to begin, and shall furnish

such parent with the information contained in any notice given to

the employer under paragraph (6)(A) with respect to such

withholding.

"(B) The requirement of advance notice set forth in the first

sentence of subparagraph (A) shall not apply in the case of any

State which has a system of income withholding for child support

purposes in effect on August 16, 1984, if such system provides on

that date, and continues to provide, such procedures as may be

necessary to meet the procedural due process requirements of State

law."

Subsec. (b)(5). Pub. L. 104-193, Sec. 314(a)(2)(C), substituted

"the State through the State disbursement unit established pursuant

to section 654b of this title, in accordance with the requirements

of section 654b of this title." for "a public agency designated by

the State, and the amounts withheld must be expeditiously

distributed by the State or such agency in accordance with section

657 of this title under procedures (specified by the State)

adequate to document payments of support and to track and monitor

such payments, except that the State may establish or permit the

establishment of alternative procedures for the collection and

distribution of such amounts (under the supervision of such public

agency) otherwise than through such public agency so long as the

entity making such collection and distribution is publicly

accountable for its actions taken in carrying out such procedures,

and so long as such procedures will assure prompt distribution,

provide for the keeping of adequate records to document payments of

support, and permit the tracking and monitoring of such payments."

Subsec. (b)(6)(A)(i). Pub. L. 104-193, Secs. 314(a)(2)(D)(i),

(b)(2)(A), 395(d)(1)(H), substituted "The employer of any

noncustodial parent" for "The employer of any absent parent",

"withhold from such noncustodial parent's income" for "withhold

from such absent parent's wages", and "to the State disbursement

unit within 7 business days after the date the amount would (but

for this subsection) have been paid or credited to the employee,

for distribution in accordance with this part. The employer shall

withhold funds as directed in the notice, except that when an

employer receives an income withholding order issued by another

State, the employer shall apply the income withholding law of the

state of the obligor's principal place of employment in determining

- " for "to the appropriate agency (or other entity authorized to

collect the amounts withheld under the alternative procedures

described in paragraph (5)) for distribution in accordance with

section 657 of this title.", and added subcls. (I) to (V) and

closing provisions.

Subsec. (b)(6)(A)(ii). Pub. L. 104-193, Sec. 314(a)(2)(D)(ii),

inserted "be in a standard format prescribed by the Secretary, and"

after "employer shall".

Subsec. (b)(6)(A)(iii). Pub. L. 104-193, Sec. 314(a)(2)(D)(iii),

added cl. (iii).

Subsec. (b)(6)(C). Pub. L. 104-193, Sec. 314(b)(2)(A),

substituted "income" for "wages".

Subsec. (b)(6)(D). Pub. L. 104-193, Sec. 314(a)(2)(E),

substituted "any employer who - " for "any employer who discharges

from employment, refuses to employ, or takes disciplinary action

against any absent parent subject to wage withholding required by

this subsection because of the existence of such withholding and

the obligations or additional obligations which it imposes upon the

employer." and added cls. (i) and (ii).

Subsec. (b)(7). Pub. L. 104-193, Sec. 314(b)(2)(A), substituted

"income" for "wages".

Subsec. (b)(8). Pub. L. 104-193, Sec. 314(b)(1), amended par. (8)

generally. Prior to amendment, par. (8) read as follows: "The State

may take such actions as may be necessary to extend its system of

withholding under this subsection so that such system will include

withholding from forms of income other than wages, in order to

assure that child support owed by absent parents in the State will

be collected without regard to the types of such absent parents'

income or the nature of their income-producing activities."

Subsec. (b)(9). Pub. L. 104-193, Sec. 395(d)(1)(H), substituted

"noncustodial parents" for "absent parents".

Subsec. (b)(11). Pub. L. 104-193, Sec. 314(a)(2)(F), added par.

(11).

Subsec. (c). Pub. L. 104-193, Sec. 325(a)(2), added subsec. (c).

Pub. L. 104-193, Sec. 314(c), struck out subsec. (c) which read

as follows: "Any State may at its option, under its plan approved

under section 654 of this title, establish procedures under which

support payments under this part will be made through the State

agency or other entity which administers the State's income

withholding system in any case where either the absent parent or

the custodial parent requests it, even though no arrearages in

child support payments are involved and no income withholding

procedures have been instituted; but in any such case an annual fee

for handling and processing such payments, in an amount not

exceeding the actual costs incurred by the State in connection

therewith or $25, whichever is less, shall be imposed on the

requesting parent by the State."

Subsec. (e). Pub. L. 104-193, Secs. 301(c)(4), 395(d)(1)(H),

substituted "noncustodial parent's spouse" for "absent parent's

spouse" and "section 654(4)" for "paragraph (4) or (6) of section

654".

Subsec. (f). Pub. L. 104-193, Sec. 321, added subsec. (f).

Subsec. (g). Pub. L. 104-193, Sec. 364, added subsec. (g).

1994 - Subsec. (a)(7). Pub. L. 103-432, Sec. 212(a)(1),

substituted "Procedures which require the State to periodically

report to consumer reporting agencies (as defined in section

1681a(f) of title 15) the name of any parent who owes overdue

support and is at least 2 months delinquent in the payment of such

support and the amount of such delinquency" for "Procedures by

which information regarding the amount of overdue support owed by

an absent parent residing in the State will be made available to

any consumer reporting agency (as defined in section 1681a(f) of

title 15) upon the request of such agency".

Subsec. (a)(7)(C). Pub. L. 103-432, Sec. 212(a)(2), substituted

"(C) such information shall not be made available to (i) a consumer

reporting agency which the State determines does not have

sufficient capability to systematically and timely make accurate

use of such information, or (ii) an entity which has not furnished

evidence satisfactory to the State that the entity is a consumer

reporting agency" for "(C) a fee for furnishing such information,

in an amount not exceeding the actual cost thereof, may be imposed

on the requesting agency by the State".

1993 - Subsec. (a)(2). Pub. L. 103-66, Sec. 13721(b)(1), struck

out "at the option of the State," after "and (B)" and inserted "or

paternity establishment" after "support order issuance and

enforcement".

Subsec. (a)(5)(C) to (H). Pub. L. 103-66, Sec. 13721(b)(2), added

subpars. (C) to (H).

Subsec. (a)(11). Pub. L. 103-66, Sec. 13721(b)(3), added par.

(11).

1988 - Subsec. (a)(5). Pub. L. 100-485, Sec. 111(b), designated

existing provisions as subpar. (A) and added subpar. (B).

Subsec. (a)(5)(A). Pub. L. 100-485, Sec. 111(e), as amended by

Pub. L. 100-647, designated existing provisions as cl. (i) and

added cl. (ii).

Subsec. (a)(8). Pub. L. 100-485, Sec. 101(b), designated existing

provisions as subpar. (A), substituted "not described in

subparagraph (B)" for "which are issued or modified in the State",

and added subpar. (B).

Subsec. (a)(10). Pub. L. 100-485, Sec. 103(c), added par. (10).

Subsec. (b)(3). Pub. L. 100-485, Sec. 101(a), amended par. (3)

generally. Prior to amendment, par. (3) read as follows: "An absent

parent shall become subject to such withholding, and the advance

notice required under paragraph (4) shall be given, on the earliest

of -

"(A) the date on which the payments which the absent parent has

failed to make under such order are at least equal to the support

payable for one month,

"(B) the date as of which the absent parent requests that such

withholding begin, or

"(C) such earlier date as the State may select."

1986 - Subsec. (a)(9). Pub. L. 99-509 added par. (9).

EFFECTIVE DATE OF 1999 AMENDMENT

Amendment by Pub. L. 106-169 effective as if included in the

enactment of the Personal Responsibility and Work Opportunity

Reconciliation Act of 1996, Pub. L. 104-193, see section 401(q) of

Pub. L. 106-169, set out as a note under section 602 of this title.

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by section 401(c)(1) of Pub. L. 105-200 effective with

respect to periods beginning on or after the later of Oct. 1, 2001,

or the effective date of laws enacted by the legislature of such

State implementing such amendment, but in no event later than the

first day of the first calendar quarter beginning after the close

of the first regular session of the State legislature that begins

after Oct. 1, 2001, see section 401(c)(3) of Pub. L. 105-200, as

amended, set out as a note under section 652 of this title.

Pub. L. 105-200, title IV, Sec. 404(b), July 16, 1998, 112 Stat.

671, provided that: "The amendment made by subsection (a) [amending

this section] shall take effect as if included in the enactment of

section 5550 of the Balanced Budget Act of 1997 (Public Law 105-33;

111 Stat. 633)."

EFFECTIVE DATE OF 1997 AMENDMENT

Amendment by Pub. L. 105-33 effective as if included in the

enactment of title III of the Personal Responsibility and Work

Opportunity Reconciliation Act of 1996, Pub. L. 104-193, except

that amendment made by section 5536(1)(A) of Pub. L. 105-33 not

effective with respect to a State until Oct. 1, 2000, or such

earlier date as the State may elect, see section 5557 of Pub. L.

105-33, as amended, set out as a note under section 608 of this

title.

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by section 108(c)(14), (15) 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

entitlement under AFDC program, see section 116 of Pub. L. 104-193,

as amended, set out as an Effective Date note under section 601 of

this title.

For effective date of amendments by title III of Pub. L. 104-193,

see section 395(a)-(c) of Pub. L. 104-193, set out as a note under

section 654 of this title.

EFFECTIVE DATE OF 1994 AMENDMENT

Section 212(b) of Pub. L. 103-432 provided that: "The amendments

made by subsection (a) [amending this section] shall take effect on

October 1, 1995."

EFFECTIVE DATE OF 1993 AMENDMENT

Amendment by Pub. L. 103-66 effective with respect to a State on

later of Oct. 1, 1993, or date of enactment by legislature of such

State of all laws required by such amendments made by section 13721

of Pub. L. 103-66, but in no event later than first day of first

calendar quarter beginning after close of first regular session of

State legislature that begins after Aug. 10, 1993, and, in case of

State that has 2-year legislative session, each year of such

session deemed to be separate regular session of State legislature,

see section 13721(c) of Pub. L. 103-66, set out as a note under

section 652 of this title.

EFFECTIVE DATE OF 1988 AMENDMENTS

Section 8105 of Pub. L. 100-647 provided that amendments made by

that section, amending sections 607 and 669 of this title and

amending provisions of Pub. L. 100-485 which are classified to this

section and section 607 of this title, are effective on date of

enactment of Family Support Act of 1988, Pub. L. 100-485, which was

approved Oct. 13, 1988.

Section 101(d) of Pub. L. 100-485 provided that:

"(1) The amendment made by subsection (a) [amending this section]

shall become effective on the first day of the 25th month beginning

after the date of the enactment of this Act [Oct. 13, 1988].

"(2) The amendments made by subsection (b) [amending this

section] shall become effective on January 1, 1994.

"(3) Subsection (c) [set out below] shall become effective on the

date of the enactment of this Act."

Section 103(f) of Pub. L. 100-485 provided that: "The amendments

made by subsections (a), (b), and (c) [amending this section and

section 667 of this title] shall become effective one year after

the date of the enactment of this Act [Oct. 13, 1988]."

Amendment by section 111(b) of Pub. L. 100-485 effective on first

day of first month beginning one year or more after Oct. 13, 1988,

see section 111(f)(2) of Pub. L. 100-485, set out as a note under

section 654 of this title.

Amendment by section 111(e) of Pub. L. 100-485 effective Oct. 13,

1988, see section 111(f)(1) of Pub. L. 100-485, set out as a note

under section 652 of this title.

EFFECTIVE DATE OF 1986 AMENDMENT

Section 9103(b) of Pub. L. 99-509 provided that:

"(1) Except as provided in paragraph (2), the amendment made by

subsection (a) [amending this section] shall become effective on

the date of the enactment of this Act [Oct. 21, 1986].

"(2) In the case of a State with respect to which the Secretary

of Health and Human Services has determined that State legislation

is required in order to conform the State plan approved under part

D of title IV of the Social Security Act [this part] to the

requirements imposed by the amendment made by subsection (a)

[amending this section], the State plan shall not be regarded as

failing to comply with the requirements of such part solely by

reason of its failure to meet the requirements imposed by such

amendment prior to the beginning of the fourth month beginning

after the end of the first session of the State legislature which

ends on or after the date of the enactment of this Act [Oct. 21,

1986]. For purposes of the preceding sentence, the term 'session'

means a regular, special, budget, or other session of a State

legislature."

EFFECTIVE DATE

Section effective Oct. 1, 1985, except that subsec. (e) effective

with respect to support owed for any month beginning after Aug. 16,

1984, see section 3(g) of Pub. L. 98-378, set out as an Effective

Date of 1984 Amendment note under section 654 of this title.

STUDY ON MAKING IMMEDIATE INCOME WITHHOLDING MANDATORY IN ALL CASES

Section 101(c) of Pub. L. 100-485 directed Secretary of Health

and Human Services to conduct a study of administrative

feasibility, cost implications, and other effects of requiring

immediate income withholding with respect to all child support

awards in a State and report on results of such study not later

than 3 years after Oct. 13, 1988.

STUDY OF IMPACT OF EXTENDING PERIODIC REVIEW REQUIREMENTS TO ALL

OTHER CASES

Section 103(d) of Pub. L. 100-485 directed Secretary of Health

and Human Resources, within 2 years after Oct. 13, 1988, to conduct

and complete a study to determine impact on child support awards

and the courts of requiring each State to periodically review all

child support orders in effect in the State.

DEMONSTRATION PROJECTS FOR EVALUATING MODEL PROCEDURES FOR

REVIEWING CHILD SUPPORT AWARDS

Section 103(e) of Pub. L. 100-485 authorized an agreement between

Secretary of Health and Human Services and each State submitting an

application for purpose of conducting a demonstration project to

test and evaluate model procedures for reviewing child support

award amounts, directed that such projects be commenced not later

than Sept. 30, 1989, and be conducted for a 2-year period, and

directed Secretary to report results of such projects to Congress

not later than 6 months after all projects are completed.

COMMISSION ON INTERSTATE CHILD SUPPORT

Section 126 of Pub. L. 100-485, as amended by Pub. L. 101-508,

title V, Sec. 5012(a), Nov. 5, 1990, 104 Stat. 1388-221; Pub. L.

102-318, title V, Sec. 534(a), July 3, 1992, 106 Stat. 317,

established Commission on Interstate Child Support to hold national

conferences on interstate child support reform and prepare report

to Congress containing recommendations for improving interstate

establishment and enforcement of child support awards and for

revising Uniform Reciprocal Enforcement of Support Act and provided

for powers of the Commission, appropriations, and termination of

the Commission on Sept. 30, 1992.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 652, 653, 653a, 654,

654a, 654b, 659, 669a of this title; title 15 section 1681a.

-End-

-CITE-

42 USC Sec. 667 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 7 - SOCIAL SECURITY

SUBCHAPTER IV - GRANTS TO STATES FOR AID AND SERVICES TO NEEDY

FAMILIES WITH CHILDREN AND FOR CHILD-WELFARE

SERVICES

Part D - Child Support and Establishment of Paternity

-HEAD-

Sec. 667. State guidelines for child support awards

-STATUTE-

(a) Establishment of guidelines; method

Each State, as a condition for having its State plan approved

under this part, must establish guidelines for child support award

amounts within the State. The guidelines may be established by law

or by judicial or administrative action, and shall be reviewed at

least once every 4 years to ensure that their application results

in the determination of appropriate child support award amounts.

(b) Availability of guidelines; rebuttable presumption

(1) The guidelines established pursuant to subsection (a) of this

section shall be made available to all judges and other officials

who have the power to determine child support awards within such

State.

(2) There shall be a rebuttable presumption, in any judicial or

administrative proceeding for the award of child support, that the

amount of the award which would result from the application of such

guidelines is the correct amount of child support to be awarded. A

written finding or specific finding on the record that the

application of the guidelines would be unjust or inappropriate in a

particular case, as determined under criteria established by the

State, shall be sufficient to rebut the presumption in that case.

copies

The Secretary shall furnish technical assistance to the States

for establishing the guidelines, and each State shall furnish the

Secretary with copies of its guidelines.

-SOURCE-

(Aug. 14, 1935, ch. 531, title IV, Sec. 467, as added Pub. L.

98-378, Sec. 18(a), Aug. 16, 1984, 98 Stat. 1321; amended Pub. L.

100-485, title I, Sec. 103(a), (b), Oct. 13, 1988, 102 Stat. 2346.)

-MISC1-

AMENDMENTS

1988 - Subsec. (a). Pub. L. 100-485, Sec. 103(b), inserted ", and

shall be reviewed at least once every 4 years to ensure that their

application results in the determination of appropriate child

support award amounts" before period at end.

Subsec. (b). Pub. L. 100-485, Sec. 103(a), designated existing

provisions as par. (1), struck out ", but need not be binding upon

such judges or other officials" after "within such State", and

added par. (2).

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-485 effective one year after Oct. 13,

1988, see section 103(f) of Pub. L. 100-485, set out as a note

under section 666 of this title.

EFFECTIVE DATE

Section 18(b) of Pub. L. 98-378 provided that: "The amendment

made by subsection (a) [enacting this section] shall become

effective on October 1, 1987."

STUDY OF CHILD-REARING COSTS

Section 128 of Pub. L. 100-485 directed Secretary of Health and

Human Services, by grant or contract, to conduct a study of

patterns of expenditures on children in 2-parent families, in

single-parent families following divorce or separation, and in

single-parent families in which parents were never married, giving

particular attention to the relative standards of living in

households in which both parents and all of the children do not

live together, and submit to Congress no later than 2 years after

Oct. 13, 1988, a full and complete report of results of such study,

including recommendations for legislative, administrative, and

other actions.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 666 of this title.

-End-

-CITE-

42 USC Sec. 668 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 7 - SOCIAL SECURITY

SUBCHAPTER IV - GRANTS TO STATES FOR AID AND SERVICES TO NEEDY

FAMILIES WITH CHILDREN AND FOR CHILD-WELFARE

SERVICES

Part D - Child Support and Establishment of Paternity

-HEAD-

Sec. 668. Encouragement of States to adopt civil procedure for

establishing paternity in contested cases

-STATUTE-

In the administration of the child support enforcement program

under this part, each State is encouraged to establish and

implement a civil procedure for establishing paternity in contested

cases.

-SOURCE-

(Aug. 14, 1935, ch. 531, title IV, Sec. 468, as added Pub. L.

100-485, title I, Sec. 111(d), Oct. 13, 1988, 102 Stat. 2350;

amended Pub. L. 104-193, title III, Sec. 331(c), Aug. 22, 1996, 110

Stat. 2230.)

-MISC1-

AMENDMENTS

1996 - Pub. L. 104-193 struck out "a simple civil process for

voluntarily acknowledging paternity and" after "implement".

EFFECTIVE DATE OF 1996 AMENDMENT

For effective date of amendment by Pub. L. 104-193, see section

395(a)-(c) of Pub. L. 104-193, set out as a note under section 654

of this title.

-End-

-CITE-

42 USC Sec. 669 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 7 - SOCIAL SECURITY

SUBCHAPTER IV - GRANTS TO STATES FOR AID AND SERVICES TO NEEDY

FAMILIES WITH CHILDREN AND FOR CHILD-WELFARE

SERVICES

Part D - Child Support and Establishment of Paternity

-HEAD-

Sec. 669. Collection and reporting of child support enforcement

data

-STATUTE-

(a) In general

With respect to each type of service described in subsection (b)

of this section, the Secretary shall collect and maintain

up-to-date statistics, by State, and on a fiscal year basis, on -

(1) the number of cases in the caseload of the State agency

administering the plan approved under this part in which the

service is needed; and

(2) the number of such cases in which the service has actually

been provided.

(b) Types of services

The statistics required by subsection (a) of this section shall

be separately stated with respect to paternity establishment

services and child support obligation establishment services.

The statistics required by subsection (a) of this section shall

be separately stated with respect to -

(1) recipients of assistance under a State program funded under

part A of this subchapter or of payments or services under a

State plan approved under part E of this subchapter; and

(2) individuals who are not such recipients.

(d) Rule of interpretation

For purposes of subsection (a)(2) of this section, a service has

actually been provided when the task described by the service has

been accomplished.

-SOURCE-

(Aug. 14, 1935, ch. 531, title IV, Sec. 469, as added Pub. L.

100-485, title I, Sec. 129, Oct. 13, 1988, 102 Stat. 2356; amended

Pub. L. 100-647, title VIII, Sec. 8105(6), Nov. 10, 1988, 102 Stat.

3797; Pub. L. 104-193, title I, Sec. 108(c)(16), title III, Sec.

395(d)(2)(E), Aug. 22, 1996, 110 Stat. 2166, 2260; Pub. L. 105-200,

title IV, Sec. 407(a), July 16, 1998, 112 Stat. 672.)

-REFTEXT-

REFERENCES IN TEXT

Parts A and E of this subchapter, referred to in subsec. (c)(1),

are classified to sections 601 et seq. and 670 et seq.,

respectively, of this title.

-MISC1-

AMENDMENTS

1998 - Pub. L. 105-200 reenacted section catchline without

change, added subsecs. (a) to (c), redesignated former subsec. (c)

as (d) and inserted heading, and struck out former subsec. (a)

relating to statistics on need for and actual provision of services

and subsec. (b) relating to types of services.

1996 - Subsec. (a). Pub. L. 104-193, Sec. 108(c)(16), substituted

"assistance under State programs funded under part A of this

subchapter and for families not receiving such assistance)" for

"aid under plans approved under part A of this subchapter and for

families not receiving such aid)".

Subsec. (b)(2), (4). Pub. L. 104-193, Sec. 395(d)(2)(E),

substituted "a noncustodial parent" for "an absent parent".

1988 - Subsec. (a). Pub. L. 100-647 made technical amendment to

references to part A of this subchapter and to this part involving

underlying provisions of original act and requiring no change in

text.

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by Pub. L. 105-200 applicable to information maintained

with respect to fiscal year 1995 or any succeeding fiscal year, see

section 407(c) of Pub. L. 105-200, set out as a note under section

652 of this title.

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by section 108(c)(16) 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 entitlement

under AFDC program, see section 116 of Pub. L. 104-193, as amended,

set out as an Effective Date note under section 601 of this title.

For effective date of amendment by section 395(d)(2)(E) of Pub.

L. 104-193, see section 395(a)-(c) of Pub. L. 104-193, set out as a

note under section 654 of this title.

EFFECTIVE DATE OF 1988 AMENDMENT

Section 8105 of Pub. L. 100-647 provided that the amendment made

by that section is effective on date of enactment of Family Support

Act of 1988, Pub. L. 100-485, which was approved Oct. 13, 1988.

-End-

-CITE-

42 USC Sec. 669a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 7 - SOCIAL SECURITY

SUBCHAPTER IV - GRANTS TO STATES FOR AID AND SERVICES TO NEEDY

FAMILIES WITH CHILDREN AND FOR CHILD-WELFARE

SERVICES

Part D - Child Support and Establishment of Paternity

-HEAD-

Sec. 669a. Nonliability for financial institutions providing

financial records to State child support enforcement agencies in

child support cases

-STATUTE-

(a) In general

Notwithstanding any other provision of Federal or State law, a

financial institution shall not be liable under any Federal or

State law to any person for disclosing any financial record of an

individual to a State child support enforcement agency attempting

to establish, modify, or enforce a child support obligation of such

individual, or for disclosing any such record to the Federal Parent

Locator Service pursuant to section 666(a)(17)(A) of this title.

(b) Prohibition of disclosure of financial record obtained by State

child support enforcement agency

A State child support enforcement agency which obtains a

financial record of an individual from a financial institution

pursuant to subsection (a) of this section may disclose such

financial record only for the purpose of, and to the extent

necessary in, establishing, modifying, or enforcing a child support

obligation of such individual.

(1) Disclosure by State officer or employee

If any person knowingly, or by reason of negligence, discloses

a financial record of an individual in violation of subsection

(b) of this section, such individual may bring a civil action for

damages against such person in a district court of the United

States.

(2) No liability for good faith but erroneous interpretation

No liability shall arise under this subsection with respect to

any disclosure which results from a good faith, but erroneous,

interpretation of subsection (b) of this section.

(3) Damages

In any action brought under paragraph (1), upon a finding of

liability on the part of the defendant, the defendant shall be

liable to the plaintiff in an amount equal to the sum of -

(A) the greater of -

(i) $1,000 for each act of unauthorized disclosure of a

financial record with respect to which such defendant is

found liable; or

(ii) the sum of -

(I) the actual damages sustained by the plaintiff as a

result of such unauthorized disclosure; plus

(II) in the case of a willful disclosure or a disclosure

which is the result of gross negligence, punitive damages;

plus

(B) the costs (including attorney's fees) of the action.

(d) Definitions

For purposes of this section -

(1) Financial institution

The term "financial institution" means -

(A) a depository institution, as defined in section 1813(c)

of title 12;

(B) an institution-affiliated party, as defined in section

1813(u) of title 12;

defined in section 1752 of title 12, including an

institution-affiliated party of such a credit union, as defined

in section 1786(r) of title 12; and

(D) any benefit association, insurance company, safe deposit

company, money-market mutual fund, or similar entity authorized

to do business in the State.

(2) Financial record

The term "financial record" has the meaning given such term in

section 3401 of title 12.

-SOURCE-

(Aug. 14, 1935, ch. 531, title IV, Sec. 469A, as added Pub. L.

104-193, title III, Sec. 353, Aug. 22, 1996, 110 Stat. 2240;

amended Pub. L. 105-200, title IV, Sec. 406(c), July 16, 1998, 112

Stat. 672.)

-MISC1-

AMENDMENTS

1998 - Subsec. (a). Pub. L. 105-200 inserted ", or for disclosing

any such record to the Federal Parent Locator Service pursuant to

section 666(a)(17)(A) of this title" before period at end.

EFFECTIVE DATE

For effective date of section, see section 395(a)-(c) of Pub. L.

104-193, set out as an Effective Date of 1996 Amendment note under

section 654 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 666 of this title.

-End-

-CITE-

42 USC Sec. 669b 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 7 - SOCIAL SECURITY

SUBCHAPTER IV - GRANTS TO STATES FOR AID AND SERVICES TO NEEDY

FAMILIES WITH CHILDREN AND FOR CHILD-WELFARE

SERVICES

Part D - Child Support and Establishment of Paternity

-HEAD-

Sec. 669b. Grants to States for access and visitation programs

-STATUTE-

(a) In general

The Administration for Children and Families shall make grants

under this section to enable States to establish and administer

programs to support and facilitate noncustodial parents' access to

and visitation of their children, by means of activities including

mediation (both voluntary and mandatory), counseling, education,

development of parenting plans, visitation enforcement (including

monitoring, supervision and neutral drop-off and pickup), and

development of guidelines for visitation and alternative custody

arrangements.

(b) Amount of grant

The amount of the grant to be made to a State under this section

for a fiscal year shall be an amount equal to the lesser of -

(1) 90 percent of State expenditures during the fiscal year for

activities described in subsection (a) of this section; or

(2) the allotment of the State under subsection (c) of this

section for the fiscal year.

(1) In general

The allotment of a State for a fiscal year is the amount that

bears the same ratio to $10,000,000 for grants under this section

for the fiscal year as the number of children in the State living

with only 1 biological parent bears to the total number of such

children in all States.

(2) Minimum allotment

The Administration for Children and Families shall adjust

allotments to States under paragraph (1) as necessary to ensure

that no State is allotted less than -

(A) $50,000 for fiscal year 1997 or 1998; or

(B) $100,000 for any succeeding fiscal year.

(d) No supplantation of State expenditures for similar activities

A State to which a grant is made under this section may not use

the grant to supplant expenditures by the State for activities

specified in subsection (a) of this section, but shall use the

grant to supplement such expenditures at a level at least equal to

the level of such expenditures for fiscal year 1995.

(e) State administration

Each State to which a grant is made under this section -

(1) may administer State programs funded with the grant,

directly or through grants to or contracts with courts, local

public agencies, or nonprofit private entities;

(2) shall not be required to operate such programs on a

statewide basis; and

(3) shall monitor, evaluate, and report on such programs in

accordance with regulations prescribed by the Secretary.

-SOURCE-

(Aug. 14, 1935, ch. 531, title IV, Sec. 469B, as added Pub. L.

104-193, title III, Sec. 391, Aug. 22, 1996, 110 Stat. 2258.)

-MISC1-

EFFECTIVE DATE

For effective date of section, see section 395(a)-(c) of Pub. L.

104-193, set out as an Effective Date of 1996 Amendment note under

section 654 of this title.

-End-

-CITE-

42 USC Part E - Federal Payments for Foster Care and

Adoption Assistance 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 7 - SOCIAL SECURITY

SUBCHAPTER IV - GRANTS TO STATES FOR AID AND SERVICES TO NEEDY

FAMILIES WITH CHILDREN AND FOR CHILD-WELFARE

SERVICES

Part E - Federal Payments for Foster Care and Adoption Assistance

-HEAD-

PART E - FEDERAL PAYMENTS FOR FOSTER CARE AND ADOPTION ASSISTANCE

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in sections 247b-16, 280g, 300z-5, 602,

603, 622, 625, 629e, 629h, 652, 653, 654, 657, 658a, 666, 669,

673b, 679b, 1308, 1320a-2a, 1320a-9, 1396a, 1396d, 1396n, 1396u-2,

5106a of this title; title 2 section 906; title 8 sections 1255a,

1613; title 20 section 1087vv.

-End-

-CITE-

42 USC Sec. 670 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 7 - SOCIAL SECURITY

SUBCHAPTER IV - GRANTS TO STATES FOR AID AND SERVICES TO NEEDY

FAMILIES WITH CHILDREN AND FOR CHILD-WELFARE

SERVICES

Part E - Federal Payments for Foster Care and Adoption Assistance

-HEAD-

Sec. 670. Congressional declaration of purpose; authorization of

appropriations

-STATUTE-

For the purpose of enabling each State to provide, in appropriate

cases, foster care and transitional independent living programs for

children who otherwise would have been eligible for assistance

under the State's plan approved under part A of this subchapter (as

such plan was in effect on June 1, 1995) and adoption assistance

for children with special needs, there are authorized to be

appropriated for each fiscal year (commencing with the fiscal year

which begins October 1, 1980) such sums as may be necessary to

carry out the provisions of this part. The sums made available

under this section shall be used for making payments to States

which have submitted, and had approved by the Secretary, State

plans under this part.

-SOURCE-

(Aug. 14, 1935, ch. 531, title IV, Sec. 470, as added Pub. L.

96-272, title I, Sec. 101(a)(1), June 17, 1980, 94 Stat. 501;

amended Pub. L. 99-272, title XII, Sec. 12307(d), Apr. 7, 1986, 100

Stat. 297; Pub. L. 99-514, title XVII, Sec. 1711(c)(1), Oct. 22,

1986, 100 Stat. 2784; Pub. L. 104-193, title I, Sec. 108(d)(1),

Aug. 22, 1996, 110 Stat. 2166.)

-REFTEXT-

REFERENCES IN TEXT

Part A of this subchapter, referred to in text, is classified to

section 601 et seq. of this title.

-MISC1-

AMENDMENTS

1996 - Pub. L. 104-193 substituted "would have been eligible" for

"would be eligible" and inserted "(as such plan was in effect on

June 1, 1995)" after "part A of this subchapter".

1986 - Pub. L. 99-514 substituted "foster care and transitional

independent living programs for children who otherwise would be

eligible for assistance under the State's plan approved under part

A of this subchapter and adoption assistance for children with

special needs" for "foster care, adoption assistance, and

transitional independent living programs for children who otherwise

would be eligible for assistance under the State's plan approved

under part A of this subchapter (or, in the case of adoption

assistance, would be eligible for benefits under subchapter XVI of

this chapter)".

Pub. L. 99-272 substituted "foster care, adoption assistance, and

transitional independent living programs" for "foster care and

adoption assistance".

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by 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 entitlement under AFDC program, see section 116 of

Pub. L. 104-193, as amended, set out as an Effective Date note

under section 601 of this title.

EFFECTIVE DATE OF 1986 AMENDMENT

Section 1711(d) of Pub. L. 99-514 provided that: "The amendments

made by this section [amending this section and sections 671, 673,

and 675 of this title] shall apply only with respect to

expenditures made after December 31, 1986."

STRENGTHENING ABUSE AND NEGLECT COURTS

Pub. L. 106-314, Oct. 17, 2000, 114 Stat. 1266, provided that:

"SECTION 1. SHORT TITLE.

"This Act may be cited as the 'Strengthening Abuse and Neglect

Courts Act of 2000'.

"SEC. 2. FINDINGS.

"Congress finds the following:

"(1) Under both Federal and State law, the courts play a

crucial and essential role in the Nation's child welfare system

and in ensuring safety, stability, and permanence for abused and

neglected children under the supervision of that system.

"(2) The Adoption and Safe Families Act of 1997 (Public Law

105-89; 111 Stat. 2115) [see Short Title of 1997 Amendment note

set out under section 1305 of this title] establishes explicitly

for the first time in Federal law that a child's health and

safety must be the paramount consideration when any decision is

made regarding a child in the Nation's child welfare system.

"(3) The Adoption and Safe Families Act of 1997 promotes

stability and permanence for abused and neglected children by

requiring timely decisionmaking in proceedings to determine

whether children can safely return to their families or whether

they should be moved into safe and stable adoptive homes or other

permanent family arrangements outside the foster care system.

"(4) To avoid unnecessary and lengthy stays in the foster care

system, the Adoption and Safe Families Act of 1997 specifically

requires, among other things, that States move to terminate the

parental rights of the parents of those children who have been in

foster care for 15 of the last 22 months.

"(5) While essential to protect children and to carry out the

general purposes of the Adoption and Safe Families Act of 1997,

the accelerated timelines for the termination of parental rights

and the other requirements imposed under that Act increase the

pressure on the Nation's already overburdened abuse and neglect

courts.

"(6) The administrative efficiency and effectiveness of the

Nation's abuse and neglect courts would be substantially improved

by the acquisition and implementation of computerized

case-tracking systems to identify and eliminate existing

backlogs, to move abuse and neglect caseloads forward in a timely

manner, and to move children into safe and stable families. Such

systems could also be used to evaluate the effectiveness of such

courts in meeting the purposes of the amendments made by, and

provisions of, the Adoption and Safe Families Act of 1997.

"(7) The administrative efficiency and effectiveness of the

Nation's abuse and neglect courts would also be improved by the

identification and implementation of projects designed to

eliminate the backlog of abuse and neglect cases, including the

temporary hiring of additional judges, extension of court hours,

and other projects designed to reduce existing caseloads.

"(8) The administrative efficiency and effectiveness of the

Nation's abuse and neglect courts would be further strengthened

by improving the quality and availability of training for judges,

court personnel, agency attorneys, guardians ad litem, volunteers

who participate in court-appointed special advocate (CASA)

programs, and attorneys who represent the children and the

parents of children in abuse and neglect proceedings.

"(9) While recognizing that abuse and neglect courts in this

country are already committed to the quality administration of

justice, the performance of such courts would be even further

enhanced by the development of models and educational

opportunities that reinforce court projects that have already

been developed, including models for case-flow procedures, case

management, representation of children, automated interagency

interfaces, and 'best practices' standards.

"(10) Judges, magistrates, commissioners, and other judicial

officers play a central and vital role in ensuring that

proceedings in our Nation's abuse and neglect courts are run

efficiently and effectively. The performance of those individuals

in such courts can only be further enhanced by training,

seminars, and an ongoing opportunity to exchange ideas with their

peers.

"(11) Volunteers who participate in court-appointed special

advocate (CASA) programs play a vital role as the eyes and ears

of abuse and neglect courts in proceedings conducted by, or under

the supervision of, such courts and also bring increased public

scrutiny of the abuse and neglect court system. The Nation's

abuse and neglect courts would benefit from an expansion of this

program to currently underserved communities.

"(12) Improved computerized case-tracking systems,

comprehensive training, and development of, and education on,

model abuse and neglect court systems, particularly with respect

to underserved areas, would significantly further the purposes of

the Adoption and Safe Families Act of 1997 by reducing the

average length of an abused and neglected child's stay in foster

care, improving the quality of decision-making and court services

provided to children and families, and increasing the number of

adoptions.

"SEC. 3. DEFINITIONS.

"In this Act:

"(1) Abuse and neglect courts. - The term 'abuse and neglect

courts' means the State and local courts that carry out State or

local laws requiring proceedings (conducted by or under the

supervision of the courts) -

"(A) that implement part B and part E of title IV of the

Social Security Act (42 U.S.C. 620 et seq.; 670 et seq.)

(including preliminary disposition of such proceedings);

"(B) that determine whether a child was abused or neglected;

"(C) that determine the advisability or appropriateness of

placement in a family foster home, group home, or a special

residential care facility; or

"(D) that determine any other legal disposition of a child in

the abuse and neglect court system.

"(2) Agency attorney. - The term 'agency attorney' means an

attorney or other individual, including any government attorney,

district attorney, attorney general, State attorney, county

attorney, city solicitor or attorney, corporation counsel, or

privately retained special prosecutor, who represents the State

or local agency administrating the programs under parts B and E

of title IV of the Social Security Act (42 U.S.C. 620 et seq.;

670 et seq.) in a proceeding conducted by, or under the

supervision of, an abuse and neglect court, including a

proceeding for termination of parental rights.

"SEC. 4. GRANTS TO STATE COURTS AND LOCAL COURTS TO AUTOMATE THE

DATA COLLECTION AND TRACKING OF PROCEEDINGS IN ABUSE AND

NEGLECT COURTS.

"(a) Authority To Award Grants. -

"(1) In general. - Subject to paragraph (2), the Attorney

General, acting through the Office of Juvenile Justice and

Delinquency Prevention of the Office of Justice Programs, shall

award grants in accordance with this section to State courts and

local courts for the purposes of -

"(A) enabling such courts to develop and implement automated

data collection and case-tracking systems for proceedings

conducted by, or under the supervision of, an abuse and neglect

court;

"(B) encouraging the replication of such systems in abuse and

neglect courts in other jurisdictions; and

"(C) requiring the use of such systems to evaluate a court's

performance in implementing the requirements of parts B and E

of title IV of the Social Security Act (42 U.S.C. 620 et seq.;

670 et seq.).

"(2) Limitations. -

"(A) Number of grants. - Not less than 20 nor more than 50

grants may be awarded under this section.

"(B) Per state limitation. - Not more than 2 grants

authorized under this section may be awarded per State.

"(C) Use of grants. - Funds provided under a grant made under

this section may only be used for the purpose of developing,

implementing, or enhancing automated data collection and

case-tracking systems for proceedings conducted by, or under

the supervision of, an abuse and neglect court.

"(b) Application. -

"(1) In general. - A State court or local court may submit an

application for a grant authorized under this section at such

time and in such manner as the Attorney General may determine.

"(2) Information required. - An application for a grant

authorized under this section shall contain the following:

"(A) A description of a proposed plan for the development,

implementation, and maintenance of an automated data collection

and case-tracking system for proceedings conducted by, or under

the supervision of, an abuse and neglect court, including a

proposed budget for the plan and a request for a specific

funding amount.

"(B) A description of the extent to which such plan and

system are able to be replicated in abuse and neglect courts of

other jurisdictions that specifies the common case-tracking

data elements of the proposed system, including, at a minimum -

"(i) identification of relevant judges, court, and agency

personnel;

"(ii) records of all court proceedings with regard to the

abuse and neglect case, including all court findings and

orders (oral and written); and

"(iii) relevant information about the subject child,

including family information and the reason for court

supervision.

"(C) In the case of an application submitted by a local

court, a description of how the plan to implement the proposed

system was developed in consultation with related State courts,

particularly with regard to a State court improvement plan

funded under section 13712 of the Omnibus Budget Reconciliation

Act of 1993 (42 U.S.C. 670 note) [now 42 U.S.C. 629h] if there

is such a plan in the State.

"(D) In the case of an application that is submitted by a

State court, a description of how the proposed system will

integrate with a State court improvement plan funded under

section 13712 of such Act if there is such a plan in the State.

"(E) After consultation with the State agency responsible for

the administration of parts B and E of title IV of the Social

Security Act (42 U.S.C. 620 et seq.; 670 et seq.) -

"(i) a description of the coordination of the proposed

system with other child welfare data collection systems,

including the statewide automated child welfare information

system (SACWIS) and the adoption and foster care analysis and

reporting system (AFCARS) established pursuant to section 479

of the Social Security Act (42 U.S.C. 679); and

"(ii) an assurance that such coordination will be

implemented and maintained.

"(F) Identification of an independent third party that will

conduct ongoing evaluations of the feasibility and

implementation of the plan and system and a description of the

plan for conducting such evaluations.

"(G) A description or identification of a proposed funding

source for completion of the plan (if applicable) and

maintenance of the system after the conclusion of the period

for which the grant is to be awarded.

"(H) An assurance that any contract entered into between the

State court or local court and any other entity that is to

provide services for the development, implementation, or

maintenance of the system under the proposed plan will require

the entity to agree to allow for replication of the services

provided, the plan, and the system, and to refrain from

asserting any proprietary interest in such services for

purposes of allowing the plan and system to be replicated in

another jurisdiction.

"(I) An assurance that the system established under the plan

will provide data that allows for evaluation (at least on an

annual basis) of the following information:

"(i) The total number of cases that are filed in the abuse

and neglect court.

"(ii) The number of cases assigned to each judge who

presides over the abuse and neglect court.

"(iii) The average length of stay of children in foster

care.

"(iv) With respect to each child under the jurisdiction of

the court -

"(I) the number of episodes of placement in foster care;

"(II) the number of days placed in foster care and the type of

placement (foster family home, group home, or special

residential care facility);

"(III) the number of days of in-home supervision; and

"(IV) the number of separate foster care placements.

"(v) The number of adoptions, guardianships, or other

permanent dispositions finalized.

"(vi) The number of terminations of parental rights.

"(vii) The number of child abuse and neglect proceedings

closed that had been pending for 2 or more years.

"(viii) With respect to each proceeding conducted by, or

under the supervision of, an abuse and neglect court -

"(I) the timeliness of each stage of the proceeding from

initial filing through legal finalization of a permanency

plan (for both contested and uncontested hearings);

"(II) the number of adjournments, delays, and continuances

occurring during the proceeding, including identification of

the party requesting each adjournment, delay, or continuance

and the reasons given for the request;

"(III) the number of courts that conduct or supervise the

proceeding for the duration of the abuse and neglect case;

"(IV) the number of judges assigned to the proceeding for the

duration of the abuse and neglect case; and

"(V) the number of agency attorneys, children's attorneys,

parent's attorneys, guardians ad litem, and volunteers

participating in a court-appointed special advocate (CASA)

program assigned to the proceeding during the duration of the

abuse and neglect case.

"(J) A description of how the proposed system will reduce the

need for paper files and ensure prompt action so that cases are

appropriately listed with national and regional adoption

exchanges, and public and private adoption services.

"(K) An assurance that the data collected in accordance with

subparagraph (I) will be made available to relevant Federal,

State, and local government agencies and to the public.

"(L) An assurance that the proposed system is consistent with

other civil and criminal information requirements of the

Federal Government.

"(M) An assurance that the proposed system will provide

notice of timeframes required under the Adoption and Safe

Families Act of 1997 (Public Law 105-89; 111 Stat. 2115) for

individual cases to ensure prompt attention and compliance with

such requirements.

"(c) Conditions for Approval of Applications. -

"(1) Matching requirement. -

"(A) In general. - A State court or local court awarded a

grant under this section shall expend $1 for every $3 awarded

under the grant to carry out the development, implementation,

and maintenance of the automated data collection and

case-tracking system under the proposed plan.

"(B) Waiver for hardship. - The Attorney General may waive or

modify the matching requirement described in subparagraph (A)

in the case of any State court or local court that the Attorney

General determines would suffer undue hardship as a result of

being subject to the requirement.

"(C) Non-federal expenditures. -

"(i) Cash or in kind. - State court or local court

expenditures required under subparagraph (A) may be in cash

or in kind, fairly evaluated, including plant, equipment, or

services.

"(ii) No credit for pre-award expenditures. - Only State

court or local court expenditures made after a grant has been

awarded under this section may be counted for purposes of

determining whether the State court or local court has

satisfied the matching expenditure requirement under

subparagraph (A).

"(2) Notification to state or appropriate child welfare agency.

- No application for a grant authorized under this section may be

approved unless the State court or local court submitting the

application demonstrates to the satisfaction of the Attorney

General that the court has provided the State, in the case of a

State court, or the appropriate child welfare agency, in the case

of a local court, with notice of the contents and submission of

the application.

"(3) Considerations. - In evaluating an application for a grant

under this section the Attorney General shall consider the

following:

"(A) The extent to which the system proposed in the

application may be replicated in other jurisdictions.

"(B) The extent to which the proposed system is consistent

with the provisions of, and amendments made by, the Adoption

and Safe Families Act of 1997 (Public Law 105-89; 111 Stat.

2115), and parts B and E of title IV of the Social Security Act

(42 U.S.C. 620 et seq.; 670 et seq.).

"(C) The extent to which the proposed system is feasible and

likely to achieve the purposes described in subsection (a)(1).

"(4) Diversity of awards. - The Attorney General shall award

grants under this section in a manner that results in a

reasonable balance among grants awarded to State courts and

grants awarded to local courts, grants awarded to courts located

in urban areas and courts located in rural areas, and grants

awarded in diverse geographical locations.

"(d) Length of Awards. - No grant may be awarded under this

section for a period of more than 5 years.

"(e) Availability of Funds. - Funds provided to a State court or

local court under a grant awarded under this section shall remain

available until expended without fiscal year limitation.

"(f) Reports. -

"(1) Annual report from grantees. - Each State court or local

court that is awarded a grant under this section shall submit an

annual report to the Attorney General that contains -

"(A) a description of the ongoing results of the independent

evaluation of the plan for, and implementation of, the

automated data collection and case-tracking system funded under

the grant; and

"(B) the information described in subsection (b)(2)(I).

"(2) Interim and final reports from attorney general. -

"(A) Interim reports. - Beginning 2 years after the date of

enactment of this Act [Oct. 17, 2000], and biannually

thereafter until a final report is submitted in accordance with

subparagraph (B), the Attorney General shall submit to Congress

interim reports on the grants made under this section.

"(B) Final report. - Not later than 90 days after the

termination of all grants awarded under this section, the

Attorney General shall submit to Congress a final report

evaluating the automated data collection and case-tracking

systems funded under such grants and identifying successful

models of such systems that are suitable for replication in

other jurisdictions. The Attorney General shall ensure that a

copy of such final report is transmitted to the highest State

court in each State.

"(g) Authorization of Appropriations. - There is authorized to be

appropriated to carry out this section, $10,000,000 for the period

of fiscal years 2001 through 2005.

"SEC. 5. GRANTS TO REDUCE PENDING BACKLOGS OF ABUSE AND NEGLECT

CASES TO PROMOTE PERMANENCY FOR ABUSED AND NEGLECTED CHILDREN.

"(a) Authority To Award Grants. - The Attorney General, acting

through the Office of Juvenile Justice and Delinquency Prevention

of the Office of Justice Programs and in collaboration with the

Secretary of Health and Human Services, shall award grants in

accordance with this section to State courts and local courts for

the purposes of -

"(1) promoting the permanency goals established in the Adoption

and Safe Families Act of 1997 (Public Law 105-89; 111 Stat.

2115); and

"(2) enabling such courts to reduce existing backlogs of cases

pending in abuse and neglect courts, especially with respect to

cases to terminate parental rights and cases in which parental

rights to a child have been terminated but an adoption of the

child has not yet been finalized.

"(b) Application. - A State court or local court shall submit an

application for a grant under this section, in such form and manner

as the Attorney General shall require, that contains a description

of the following:

"(1) The barriers to achieving the permanency goals established

in the Adoption and Safe Families Act of 1997 that have been

identified.

"(2) The size and nature of the backlogs of children awaiting

termination of parental rights or finalization of adoption.

"(3) The strategies the State court or local court proposes to

use to reduce such backlogs and the plan and timetable for doing

so.

"(4) How the grant funds requested will be used to assist the

implementation of the strategies described in paragraph (3).

"(c) Use of Funds. - Funds provided under a grant awarded under

this section may be used for any purpose that the Attorney General

determines is likely to successfully achieve the purposes described

in subsection (a), including temporarily -

"(1) establishing night court sessions for abuse and neglect

courts;

"(2) hiring additional judges, magistrates, commissioners,

hearing officers, referees, special masters, and other judicial

personnel for such courts;

"(3) hiring personnel such as clerks, administrative support

staff, case managers, mediators, and attorneys for such courts;

"(4) extending the operating hours of such courts.

"(d) Number of Grants. - Not less than 15 nor more than 20 grants

shall be awarded under this section.

"(e) Availability of Funds. - Funds awarded under a grant made

under this section shall remain available for expenditure by a

grantee for a period not to exceed 3 years from the date of the

grant award.

"(f) Report on Use of Funds. - Not later than the date that is

halfway through the period for which a grant is awarded under this

section, and 90 days after the end of such period, a State court or

local court awarded a grant under this section shall submit a

report to the Attorney General that includes the following:

"(1) The barriers to the permanency goals established in the

Adoption and Safe Families Act of 1997 that are or have been

addressed with grant funds.

"(2) The nature of the backlogs of children that were pursued

with grant funds.

"(3) The specific strategies used to reduce such backlogs.

"(4) The progress that has been made in reducing such backlogs,

including the number of children in such backlogs -

"(A) whose parental rights have been terminated; and

"(B) whose adoptions have been finalized.

"(5) Any additional information that the Attorney General

determines would assist jurisdictions in achieving the permanency

goals established in the Adoption and Safe Families Act of 1997.

"(g) Authorization of Appropriations. - There are authorized to

be appropriated for the period of fiscal years 2001 and 2002

$10,000,000 for the purpose of making grants under this section.

"SEC. 6. GRANTS TO EXPAND THE COURT-APPOINTED SPECIAL ADVOCATE

PROGRAM IN UNDERSERVED AREAS.

"(a) Grants To Expand CASA Programs in Underserved Areas. - The

Administrator of the Office of Juvenile Justice and Delinquency

Prevention of the Department of Justice shall make a grant to the

National Court-Appointed Special Advocate Association for the

purposes of -

"(1) expanding the recruitment of, and building the capacity

of, court-appointed special advocate programs located in the 15

largest urban areas;

"(2) developing regional, multijurisdictional court-appointed

special advocate programs serving rural areas; and

"(3) providing training and supervision of volunteers in

court-appointed special advocate programs.

"(b) Limitation on Administrative Expenditures. - Not more than 5

percent of the grant made under this subsection may be used for

administrative expenditures.

"(c) Determination of Urban and Rural Areas. - For purposes of

administering the grant authorized under this subsection, the

Administrator of the Office of Juvenile Justice and Delinquency

Prevention of the Department of Justice shall determine whether an

area is one of the 15 largest urban areas or a rural area in

accordance with the practices of, and statistical information

compiled by, the Bureau of the Census.

"(d) Authorization of Appropriations. - There is authorized to be

appropriated to make the grant authorized under this section,

$5,000,000 for the period of fiscal years 2001 and 2002."

ENTITLEMENT FUNDING FOR STATE COURTS TO ASSESS AND IMPROVE HANDLING

OF PROCEEDINGS RELATING TO FOSTER CARE AND ADOPTION

Pub. L. 103-66, title XIII, Sec. 13712, Aug. 10, 1993, 107 Stat.

655, as amended by Pub. L. 105-89, title III, Sec. 305(a)(3), Nov.

19, 1997, 111 Stat. 2130; Pub. L. 107-133, title I, Sec.

107(a)-(d), Jan. 17, 2002, 115 Stat. 2418, which was formerly set

out as a note under this section, was renumbered section 438 of the

Social Security Act by Pub. L. 107-133, title I, Sec. 107(e), Jan.

17, 2002, 115 Stat. 2419, and is classified to section 629h of this

title.

ABANDONED INFANTS ASSISTANCE

Pub. L. 100-505, Oct. 18, 1988, 102 Stat. 2533, as amended by

Pub. L. 102-236, Secs. 2-8, Dec. 12, 1991, 105 Stat. 1812-1816;

Pub. L. 104-235, title II, Secs. 221, 222, Oct. 3, 1996, 110 Stat.

3091, 3092, provided that:

"SECTION 1. SHORT TITLE.

"This Act may be cited as the 'Abandoned Infants Assistance Act

of 1988'.

"SEC. 2. FINDINGS.

"The Congress finds that -

"(1) throughout the Nation, the number of infants and young

children who have been exposed to drugs taken by their mothers

during pregnancy has increased dramatically;

"(2) the inability of parents who abuse drugs to provide

adequate care for such infants and young children and a lack of

suitable shelter homes for such infants and young children have

led to the abandonment of such infants and young children in

hospitals for extended periods;

"(3) an unacceptable number of these infants and young children

will be medically cleared for discharge, yet remain in hospitals

as boarder babies;

"(4) hospital-based child care for these infants and young

children is extremely costly and deprives them of an adequate

nurturing environment;

"(5) training is inadequate for foster care personnel working

with medically fragile infants and young children and infants and

young children exposed to drugs;

"(6) a particularly devastating development is the increase in

the number of infants and young children who are infected with

the human immunodeficiency virus (which is believed to cause

acquired immune deficiency syndrome and which is commonly known

as HIV) or who have been perinatally exposed to the virus or to a

dangerous drug;

"(7) many such infants and young children have at least one

parent who is an intravenous drug abuser;

"(8) such infants and young children are particularly difficult

to place in foster homes, and are being abandoned in hospitals in

increasing numbers by mothers dying of acquired immune deficiency

syndrome, or by parents incapable of providing adequate care;

"(9) there is a need for comprehensive services for such

infants and young children, including foster family care

services, case management services, family support services,

respite and crisis intervention services, counseling services,

and group residential home services;

"(10) there is a need to support the families of such infants

and young children through the provision of services that will

prevent the abandonment of the infants and children; and

"(11) there is a need for the development of funding strategies

that coordinate and make the optimal use of all private

resources, and Federal, State, and local resources, to establish

and maintain such services.

"TITLE I - PROJECTS REGARDING ABANDONMENT OF INFANTS AND YOUNG

CHILDREN IN HOSPITALS

"SEC. 101. ESTABLISHMENT OF PROGRAM OF DEMONSTRATION PROJECTS.

"(a) In General. - The Secretary of Health and Human Services may

make grants to public and nonprofit private entities for the

purpose of developing, implementing, and operating projects to

demonstrate methods -

"(1) to prevent the abandonment of infants and young children,

including the provision of services to members of the natural

family for any condition that increases the probability of

abandonment of an infant or young child;

"(2) to identify and address the needs of abandoned infants and

young children;

"(3) to assist abandoned infants and young children to reside

with their natural families or in foster care, as appropriate;

"(4) to recruit, train, and retain foster families for

abandoned infants and young children;

"(5) to carry out residential care programs for abandoned

infants and young children who are unable to reside with their

families or to be placed in foster care;

"(6) to carry out programs of respite care for families and

foster families of infants and young children described in

subsection (b);

"(7) to recruit and train health and social services personnel

to work with families, foster care families, and residential care

programs for abandoned infants and young children; and

"(8) to prevent the abandonment of infants and young children,

and to care for the infants and young children who have been

abandoned, through model programs providing health, educational,

and social services at a single site in a geographic area in

which a significant number of infants and young children

described in subsection (b) reside (with special consideration

given to applications from entities that will provide the

services of the project through community-based organizations).

"(b) Priority in Provision of Services. - The Secretary may not

make a grant under subsection (a) unless the applicant for the

grant agrees that, in carrying out the purpose described in

subsection (a) (other than with respect to paragraph (6) of such

subsection), the applicant will give priority to abandoned infants

and young children -

"(1) who are infected with the human immunodeficiency virus or

who have been perinatally exposed to the virus; or

"(2) who have been perinatally exposed to a dangerous drug.

"(c) Case Plan With Respect to Foster Care. - The Secretary may

not make a grant under subsection (a) unless the applicant for the

grant agrees that, if the applicant expends the grant to carry out

any program of providing care to infants and young children in

foster homes or in other nonmedical residential settings away from

their parents, the applicant will ensure that -

"(1) a case plan of the type described in paragraph (1) of

section 475 of the Social Security Act [section 675 of this

title] is developed for each such infant and young child (to the

extent that such infant and young child is not otherwise covered

by such a plan); and

"(2) the program includes a case review system of the type

described in paragraph (5) of such section (covering each such

infant and young child who is not otherwise subject to such a

system).

"(d) Administration of Grant. -

"(1) The Secretary may not make a grant under subsection (a)

unless the applicant for the grant agrees -

"(A) to use the funds provided under this section only for

the purposes specified in the application submitted to, and

approved by, the Secretary pursuant to subsection (e);

"(B) to establish such fiscal control and fund accounting

procedures as may be necessary to ensure proper disbursement

and accounting of Federal funds paid to the applicant under

this section;

"(C) to report to the Secretary annually on the utilization,

cost, and outcome of activities conducted, and services

furnished, under this section; and

"(D) that if, during the majority of the 180-day period

preceding the date of the enactment of this Act [Oct. 18,

1988], the applicant has carried out any program with respect

to the care of abandoned infants and young children, the

applicant will expend the grant only for the purpose of

significantly expanding, in accordance with subsection (a),

activities under such program above the level provided under

such program during the majority of such period.

"(2) Subject to the availability of amounts made available in

appropriations Acts for the fiscal year involved, the duration of

a grant under subsection (a) shall be for a period of 3 years,

except that the Secretary -

"(A) may terminate the grant if the Secretary determines that

the entity involved has substantially failed to comply with the

agreements required as a condition of the provision of the

grant; and

"(B) shall continue the grant for one additional year if the

Secretary determines that the entity has satisfactorily

complied with such agreements.

"(e) Requirement of Application. - The Secretary may not make a

grant under subsection (a) unless -

"(1) an application for the grant is submitted to the

Secretary;

"(2) with respect to carrying out the purpose for which the

grant is to be made, the application provides assurances of

compliance satisfactory to the Secretary; and

"(3) the application otherwise is in such form, is made in such

manner, and contains such agreements, assurances, and information

as the Secretary determines to be necessary to carry out this

section.

"(f) Technical Assistance to Grantees. - The Secretary may,

without charge to any grantee under subsection (a), provide

technical assistance (including training) with respect to the

planning, development, and operation of projects described in such

subsection. The Secretary may provide such technical assistance

directly, through contracts, or through grants.

"(g) Technical Assistance With Respect to Process of Applying for

Grant. - The Secretary may provide technical assistance (including

training) to public and nonprofit private entities with respect to

the process of applying to the Secretary for a grant under

subsection (a). The Secretary may provide such technical assistance

directly, through contracts, or through grants.

"(h) Priority Requirement. - In making grants under subsection

(a), the Secretary shall give priority to applicants located in

States that have developed and implemented procedures for expedited

termination of parental rights and placement for adoption of

infants determined to be abandoned under State law.

"SEC. 102. EVALUATIONS, STUDIES, AND REPORTS BY SECRETARY.

"(a) Evaluations of Demonstration Projects. - The Secretary

shall, directly or through contracts with public and nonprofit

private entities, provide for evaluations of projects carried out

under section 101 and for the dissemination of information

developed as result of such projects.

"(b) Dissemination of Information to Individuals With Special

Needs. -

"(1)(A) The Secretary may enter into contracts or cooperative

agreements with public or nonprofit private entities for the

development and operation of model projects to disseminate the

information described in subparagraph (B) to individuals who are

disproportionately at risk of dysfunctional behaviors that lead

to the abandonment of infants or young children.

"(B) The information referred to in subparagraph (A) is

information on the availability to individuals described in such

subparagraph, and the families of the individuals, of financial

assistance and services under Federal, State, local, and private

programs providing health services, mental health services,

educational services, housing services, social services, or other

appropriate services.

"(2) The Secretary may not provide a contract or cooperative

agreement under paragraph (1) to an entity unless -

"(A) the entity has demonstrated expertise in the functions

with respect to which such financial assistance is to be

provided; and

"(B) the entity agrees that in disseminating information on

programs described in such paragraph, the entity will give

priority -

"(i) to providing the information to individuals described

in such paragraph who -

"(I) engage in the abuse of alcohol or drugs, who are infected

with the human immunodeficiency virus, or who have limited

proficiency in speaking the English language; or

"(II) have been historically underserved in the provision of

the information; and

"(ii) to providing information on programs that are

operated in the geographic area in which the individuals

involved reside and that will assist in eliminating or

reducing the extent of behaviors described in such paragraph.

"(3) In providing contracts and cooperative agreements under

paragraph (1), the Secretary may not provide more than 1 such

contract or agreement with respect to any geographic area.

"(4) Subject to the availability of amounts made available in

appropriations Acts for the fiscal year involved, the duration of

a contract or cooperative agreement under paragraph (1) shall be

for a period of 3 years, except that the Secretary may terminate

such financial assistance if the Secretary determines that the

entity involved has substantially failed to comply with the

agreements required as a condition of the provision of the

assistance.

"(c) Study and Report on Number of Abandoned Infants and Young

Children. -

"(1) The Secretary shall conduct a study for the purpose of

determining -

"(A) an estimate of the number of infants and young children

abandoned in hospitals in the United States and the number of

such infants and young children who are infants and young

children described in section 101(b); and

"(B) an estimate of the annual costs incurred by the Federal

Government and by State and local governments in providing

housing and care for such infants and young children.

"(2) Not later than April 1, 1992, the Secretary shall complete

the study required in paragraph (1) and submit to the Congress a

report describing the findings made as a result of the study.

"(d) Study and Report on Effective Care Methods. -

"(1) The Secretary shall conduct a study for the purpose of

determining the most effective methods for responding to the

needs of abandoned infants and young children.

"(2) The Secretary shall, not later than April 1, 1991,

complete the study required in paragraph (1) and submit to the

Congress a report describing the findings made as a result of the

study.

"SEC. 103. DEFINITIONS.

"For purposes of this title:

"(1) The terms 'abandoned' and 'abandonment', with respect to

infants and young children, mean that the infants and young

children are medically cleared for discharge from acute-care

hospital settings, but remain hospitalized because of a lack of

appropriate out-of-hospital placement alternatives.

"(2) The term 'dangerous drug' means a controlled substance, as

defined in section 102 of the Controlled Substances Act [21

U.S.C. 802].

"(3) The term 'natural family' shall be broadly interpreted to

include natural parents, grandparents, family members, guardians,

children residing in the household, and individuals residing in

the household on a continuing basis who are in a care-giving

situation with respect to infants and young children covered

under this Act.

"SEC. 104. AUTHORIZATION OF APPROPRIATIONS.

"(a) In General. -

"(1) For the purpose of carrying out this title (other than

section 102(b)), there are authorized to be appropriated

$35,000,000 for fiscal year 1997 and such sums as may be

necessary for each of the fiscal years 1998 through 2001.

"(2)(A) Of the amounts appropriated under paragraph (1) for any

fiscal year in excess of the amount appropriated under this

subsection for fiscal year 1991, as adjusted in accordance with

subparagraph (B), the Secretary shall make available not less

than 50 percent for grants under section 101(a) to carry out

projects described in paragraph (8) of such section.

"(B) For purposes of subparagraph (A), the amount relating to

fiscal year 1991 shall be adjusted for a fiscal year to a greater

amount to the extent necessary to reflect the percentage increase

in the consumer price index for all urban consumers (U.S. city

average) for the 12-month period ending with March of the

preceding fiscal year.

"(3) Not more than 5 percent of the amounts appropriate under

paragraph (1) for any fiscal year may be obligated for carrying

out section 102(a).

"(b) Dissemination of Information for Individuals With Special

Needs. - For the purpose of carrying out section 102(b), there is

authorized to be appropriated $5,000,000 for each of the fiscal

years 1992 through 1995.

"(c) Administrative Expenses. -

"(1) For the purpose of the administration of this title by the

Secretary, there is authorized to be appropriated for each fiscal

year specified in subsection (a)(1) an amount equal to 5 percent

of the amount authorized in such subsection to be appropriated

for the fiscal year. With respect to the amounts appropriated

under such subsection, the preceding sentence may not be

construed to prohibit the expenditure of the amounts for the

purpose described in such sentence.

"(2) The Secretary may not obligate any of the amounts

appropriated under paragraph (1) for a fiscal year unless, from

the amounts appropriated under subsection (a)(1) for the fiscal

year, the Secretary has obligated for the purpose described in

such paragraph an amount equal to the amounts obligated by the

Secretary for such purpose in fiscal year 1991.

"(d) Availability of Funds. - Amounts appropriated under this

section shall remain available until expended.

"TITLE II - MEDICAL COSTS OF TREATMENT WITH RESPECT TO ACQUIRED

IMMUNE DEFICIENCY SYNDROME

"SEC. 201. STUDY AND REPORT ON ASSISTANCE.

"(a) Study. - The Secretary shall conduct a study for the purpose

of -

"(1) determining cost-effective methods for providing

assistance to individuals for the medical costs of treatment of

conditions arising from infection with the etiologic agent for

acquired immune deficiency syndrome, including determining the

feasibility of risk-pool health insurance for individuals at risk

of such infection;

"(2) determining the extent to which Federal payments under

title XIX of the Social Security Act [subchapter XIX of this

chapter] are being expended for medical costs described in

paragraph (1); and

"(3) providing an estimate of the extent to which such Federal

payments will be expended for such medical costs during the

5-year period beginning on the date of the enactment of this Act

[Oct. 18, 1988].

"(b) Report. - The Secretary shall, not later than 12 months

after the date of the enactment of this Act, complete the study

required in subsection (a) and submit to the Committee on Energy

and Commerce of the House of Representatives, and to the Committee

on Labor and Human Resources of the Senate, a report describing the

findings made as a result of the study.

"TITLE III - GENERAL PROVISIONS

"SEC. 301. DEFINITIONS.

"For purposes of this Act:

"(1) The term 'acquired immune deficiency syndrome' includes

infection with the etiologic agent for such syndrome, any

condition indicating that an individual is infected with such

etiologic agent, and any condition arising from such etiologic

agent.

"(2) The term 'Secretary' means the Secretary of Health and

Human Services."

[Pub. L. 102-236, Sec. 1, Dec. 12, 1991, 105 Stat. 1812, provided

that: "This Act [amending Pub. L. 100-505 set out above and

provisions set out as a note under section 623 of Title 29, Labor]

may be cited as the 'Abandoned Infants Assistance Act Amendments of

1991'."]

STUDY OF FOSTER CARE AND ADOPTION ASSISTANCE PROGRAMS; REPORT TO

CONGRESS NOT LATER THAN OCTOBER 1, 1983

Section 101(b) of Pub. L. 96-272 directed Secretary of Health,

Education, and Welfare to conduct a study of programs of foster

care and adoption assistance established under part IV-E of the

Social Security Act (this part) and submit to Congress, not later

than Oct. 1, 1983, a full and complete report thereon, together

with his recommendations as to (A) whether such part IV-E should be

continued, and if so, (B) the changes (if any) which should be made

in such part IV-E.

-End-

-CITE-

42 USC Sec. 671 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 7 - SOCIAL SECURITY

SUBCHAPTER IV - GRANTS TO STATES FOR AID AND SERVICES TO NEEDY

FAMILIES WITH CHILDREN AND FOR CHILD-WELFARE

SERVICES

Part E - Federal Payments for Foster Care and Adoption Assistance

-HEAD-

Sec. 671. State plan for foster care and adoption assistance

-STATUTE-

(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 and for adoption assistance in

accordance with section 673 of this title;

(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 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 necessary for the

proper and efficient operation of the programs, except that the

Secretary shall exercise no authority with respect to the

selection, tenure of office, or compensation of any individual

employed in accordance with such methods;

(6) provides that the State agency referred to in paragraph (2)

(hereinafter in this part referred to as the "State agency") will

make such reports, in such form and containing such information

as the Secretary may from time to time require, and comply with

such provisions as the Secretary may from time to time find

necessary to assure the correctness and verification of such

reports;

(7) provides that the State agency will monitor and conduct

periodic evaluations of activities carried out under this part;

(8) provides safeguards which restrict the use of or disclosure

of information concerning individuals assisted under the State

plan to purposes directly connected with (A) the administration

of the plan of the State approved under this part, the plan or

program of the State under part A, B, or D of this subchapter or

under subchapter I, V, X, XIV, XVI (as in effect in Puerto Rico,

Guam, and the Virgin Islands), XIX, or XX of this chapter, or the

supplemental security income program established by subchapter

XVI of this chapter, (B) any investigation, prosecution, or

criminal or civil proceeding, conducted in connection with the

administration of any such plan or program, (C) the

administration of any other Federal or federally assisted program

which provides assistance, in cash or in kind, or services,

directly to individuals on the basis of need, (D) any audit or

similar activity conducted in connection with the administration

of any such plan or program by any governmental agency which is

authorized by law to conduct such audit or activity, and (E)

reporting and providing information pursuant to paragraph (9) to

appropriate authorities with respect to known or suspected child

abuse or neglect; and the safeguards so provided shall prohibit

disclosure, to any committee or legislative body (other than an

agency referred to in clause (D) with respect to an activity

referred to in such clause), of any information which identifies

by name or address any such applicant or recipient; except that

nothing contained herein shall preclude a State from providing

standards which restrict disclosures to purposes more limited

than those specified herein, or which, in the case of adoptions,

prevent disclosure entirely;

(9) provides that the State agency will -

(A) report to an appropriate agency or official, known or

suspected instances of physical or mental injury, sexual abuse

or exploitation, or negligent treatment or maltreatment of a

child receiving aid under part B of this subchapter or this

part under circumstances which indicate that the child's health

or welfare is threatened thereby; and

(B) provide such information with respect to a situation

described in subparagraph (A) as the State agency may have;

(10) provides for the establishment or designation of a State

authority or authorities which shall be responsible for

establishing and maintaining standards for foster family homes

and child care institutions which are reasonably in accord with

recommended standards of national organizations concerned with

standards for such institutions or homes, including standards

related to admission policies, safety, sanitation, and protection

of civil rights, and provides that the standards so established

shall be applied by the State to any foster family home or child

care institution receiving funds under this part or part B of

this subchapter;

(11) provides for periodic review of the standards referred to

in the preceding paragraph and amounts paid as foster care

maintenance payments and adoption assistance to assure their

continuing appropriateness;

(12) provides for granting an opportunity for a fair hearing

before the State agency to any individual whose claim for

benefits available pursuant to this part is denied or is not

acted upon with reasonable promptness;

(13) provides that the State shall arrange for a periodic and

independently conducted audit of the programs assisted under this

part and part B of this subchapter, which shall be conducted no

less frequently than once every three years;

(14) provides (A) specific goals (which shall be established by

State law on or before October 1, 1982) for each fiscal year

(commencing with the fiscal year which begins on October 1, 1983)

as to the maximum number of children (in absolute numbers or as a

percentage of all children in foster care with respect to whom

assistance under the plan is provided during such year) who, at

any time during such year, will remain in foster care after

having been in such care for a period in excess of twenty-four

months, and (B) a description of the steps which will be taken by

the State to achieve such goals;

(15) provides that -

(A) in determining reasonable efforts to be made with respect

to a child, as described in this paragraph, and in making such

reasonable efforts, the child's health and safety shall be the

paramount concern;

(B) except as provided in subparagraph (D), reasonable

efforts shall be made to preserve and reunify families -

(i) prior to the placement of a child in foster care, to

prevent or eliminate the need for removing the child from the

child's home; and

(ii) to make it possible for a child to safely return to

the child's home;

described in subparagraph (B) is determined to be inconsistent

with the permanency plan for the child, reasonable efforts

shall be made to place the child in a timely manner in

accordance with the permanency plan, and to complete whatever

steps are necessary to finalize the permanent placement of the

child;

(D) reasonable efforts of the type described in subparagraph

(B) shall not be required to be made with respect to a parent

of a child if a court of competent jurisdiction has determined

that -

(i) the parent has subjected the child to aggravated

circumstances (as defined in State law, which definition may

include but need not be limited to abandonment, torture,

chronic abuse, and sexual abuse);

(ii) the parent has -

(I) committed murder (which would have been an offense

under section 1111(a) of title 18, if the offense had

occurred in the special maritime or territorial

jurisdiction of the United States) of another child of the

parent;

(II) committed voluntary manslaughter (which would have

been an offense under section 1112(a) of title 18, if the

offense had occurred in the special maritime or territorial

jurisdiction of the United States) of another child of the

parent;

(III) aided or abetted, attempted, conspired, or

solicited to commit such a murder or such a voluntary

manslaughter; or

(IV) committed a felony assault that results in serious

bodily injury to the child or another child of the parent;

(iii) the parental rights of the parent to a sibling have

been terminated involuntarily;

(E) if reasonable efforts of the type described in

subparagraph (B) are not made with respect to a child as a

result of a determination made by a court of competent

jurisdiction in accordance with subparagraph (D) -

(i) a permanency hearing (as described in section 675(5)(C)

of this title) shall be held for the child within 30 days

after the determination; and

(ii) reasonable efforts shall be made to place the child in

a timely manner in accordance with the permanency plan, and

to complete whatever steps are necessary to finalize the

permanent placement of the child; and

(F) reasonable efforts to place a child for adoption or with

a legal guardian may be made concurrently with reasonable

efforts of the type described in subparagraph (B);

(16) provides for the development of a case plan (as defined in

section 675(1) of this title) for each child receiving foster

care maintenance payments under the State plan and provides for a

case review system which meets the requirements described in

section 675(5)(B) of this title with respect to each such child;

(17) provides that, where appropriate, all steps will be taken,

including cooperative efforts with the State agencies

administering the program funded under part A of this subchapter

and plan approved under part D of this subchapter, to secure an

assignment to the State of any rights to support on behalf of

each child receiving foster care maintenance payments under this

part;

(18) not later than January 1, 1997, provides that neither the

State nor any other entity in the State that receives funds from

the Federal Government and is involved in adoption or foster care

placements may -

(A) deny to any person the opportunity to become an adoptive

or a foster parent, on the basis of the race, color, or

national origin of the person, or of the child, involved; or

(B) delay or deny the placement of a child for adoption or

into foster care, on the basis of the race, color, or national

origin of the adoptive or foster parent, or the child,

involved;

(19) provides that the State shall consider giving preference

to an adult relative over a non-related caregiver when

determining a placement for a child, provided that the relative

caregiver meets all relevant State child protection standards;

(20)(A) unless an election provided for in subparagraph (B) is

made with respect to the State, provides procedures for criminal

records checks for any prospective foster or adoptive parent

before the foster or adoptive parent may be finally approved for

placement of a child on whose behalf foster care maintenance

payments or adoption assistance payments are to be made under the

State plan under this part, including procedures requiring that -

(i) in any case in which a record check reveals a felony

conviction for child abuse or neglect, for spousal abuse, for a

crime against children (including child pornography), or for a

crime involving violence, including rape, sexual assault, or

homicide, but not including other physical assault or battery,

if a State finds that a court of competent jurisdiction has

determined that the felony was committed at any time, such

final approval shall not be granted; and

(ii) in any case in which a record check reveals a felony

conviction for physical assault, battery, or a drug-related

offense, if a State finds that a court of competent

jurisdiction has determined that the felony was committed

within the past 5 years, such final approval shall not be

granted; and

(B) subparagraph (A) shall not apply to a State plan if the

Governor of the State has notified the Secretary in writing that

the State has elected to make subparagraph (A) inapplicable to

the State, or if the State legislature, by law, has elected to

make subparagraph (A) inapplicable to the State;

(21) provides for health insurance coverage (including, at

State option, through the program under the State plan approved

under subchapter XIX of this chapter) for any child who has been

determined to be a child with special needs, for whom there is in

effect an adoption assistance agreement (other than an agreement

under this part) between the State and an adoptive parent or

parents, and who the State has determined cannot be placed with

an adoptive parent or parents without medical assistance because

such child has special needs for medical, mental health, or

rehabilitative care, and that with respect to the provision of

such health insurance coverage -

(A) such coverage may be provided through 1 or more State

medical assistance programs;

(B) the State, in providing such coverage, shall ensure that

the medical benefits, including mental health benefits,

provided are of the same type and kind as those that would be

provided for children by the State under subchapter XIX of this

chapter;

through a State medical assistance program other than the

program under subchapter XIX of this chapter, and the State

exceeds its funding for services under such other program, any

such child shall be deemed to be receiving aid or assistance

under the State plan under this part for purposes of section

1396a(a)(10)(A)(i)(I) of this title; and

(D) in determining cost-sharing requirements, the State shall

take into consideration the circumstances of the adopting

parent or parents and the needs of the child being adopted

consistent, to the extent coverage is provided through a State

medical assistance program, with the rules under such program;

(22) provides that, not later than January 1, 1999, the State

shall develop and implement standards to ensure that children in

foster care placements in public or private agencies are provided

quality services that protect the safety and health of the

children;

(23) provides that the State shall not -

(A) deny or delay the placement of a child for adoption when

an approved family is available outside of the jurisdiction

with responsibility for handling the case of the child; or

(B) fail to grant an opportunity for a fair hearing, as

described in paragraph (12), to an individual whose allegation

of a violation of subparagraph (A) of this paragraph is denied

by the State or not acted upon by the State with reasonable

promptness; and

(24) include (!1) a certification that, before a child in

foster care under the responsibility of the State is placed with

prospective foster parents, the prospective foster parents will

be prepared adequately with the appropriate knowledge and skills

to provide for the needs of the child, and that such preparation

will be continued, as necessary, after the placement of the

child.

(b) Approval of plan by Secretary

The Secretary shall approve any plan which complies with the

provisions of subsection (a) of this section.

-SOURCE-

(Aug. 14, 1935, ch. 531, title IV, Sec. 471, as added Pub. L.

96-272, title I, Sec. 101(a)(1), June 17, 1980, 94 Stat. 501;

amended Pub. L. 97-35, title XXIII, Sec. 2353(r), Aug. 13, 1981, 95

Stat. 874; Pub. L. 97-248, title I, Sec. 160(d), Sept. 3, 1982, 96

Stat. 400; Pub. L. 98-378, Sec. 11(c), Aug. 16, 1984, 98 Stat.

1318; Pub. L. 99-514, title XVII, Sec. 1711(c)(2), Oct. 22, 1986,

100 Stat. 2784; Pub. L. 100-485, title II, Sec. 202(c)(1), Oct. 13,

1988, 102 Stat. 2378; Pub. L. 101-508, title V, Sec. 5054(b), Nov.

5, 1990, 104 Stat. 1388-229; Pub. L. 103-66, title XIII, Sec.

13711(b)(4), Aug. 10, 1993, 107 Stat. 655; Pub. L. 103-432, title

II, Sec. 203(b), Oct. 31, 1994, 108 Stat. 4456; Pub. L. 104-188,

title I, Sec. 1808(a), Aug. 20, 1996, 110 Stat. 1903; Pub. L.

104-193, title I, Sec. 108(d)(2), title V, Sec. 505, Aug. 22, 1996,

110 Stat. 2166, 2278; Pub. L. 105-33, title V, Sec. 5591(b), Aug.

5, 1997, 111 Stat. 643; Pub. L. 105-89, title I, Secs. 101(a), 106,

title III, Secs. 306, 308, Nov. 19, 1997, 111 Stat. 2116, 2120,

2132, 2133; Pub. L. 105-200, title III, Sec. 301(a), July 16, 1998,

112 Stat. 658; Pub. L. 106-169, title I, Sec. 112(a), title IV,

Sec. 401(o), Dec. 14, 1999, 113 Stat. 1829, 1859.)

-REFTEXT-

REFERENCES IN TEXT

Parts A, B, and D of this subchapter, referred to in subsec.

(a)(2), (4), (8)-(10), (13), and (17), are classified to sections

601 et seq., 620 et seq., and 651 et seq., respectively, of this

title.

-MISC1-

AMENDMENTS

1999 - Subsec. (a)(8). Pub. L. 106-169, Sec. 401(o), struck out

"(including activities under part F of this subchapter)" after

"part A, B, or D of this subchapter".

Subsec. (a)(24). Pub. L. 106-169, Sec. 112(a), added par. (24).

1998 - Subsec. (a)(23). Pub. L. 105-200 added par. (23).

1997 - Subsec. (a)(15). Pub. L. 105-89, Sec. 101(a), amended par.

(15) generally. Prior to amendment, par. (15) read as follows:

"effective October 1, 1983, provides that, in each case, reasonable

efforts will be made (A) prior to the placement of a child in

foster care, to prevent or eliminate the need for removal of the

child from his home, and (B) to make it possible for the child to

return to his home;".

Subsec. (a)(17). Pub. L. 105-33, Sec. 5591(b)(1), struck out

"and" at end.

Subsec. (a)(18). Pub. L. 105-33, Sec. 5591(b)(3), redesignated

par. (18), relating to preference to adult relatives, as (19).

Pub. L. 105-33, Sec. 5591(b)(2), substituted "; and" for period

at end of par. (18) relating to denial or delay of adoption or

foster care on basis of race, color, or national origin.

Subsec. (a)(19). Pub. L. 105-33, Sec. 5591(b)(3), redesignated

par. (18), relating to preference to adult relatives, as (19).

Subsec. (a)(20). Pub. L. 105-89, Sec. 106, added par. (20).

Subsec. (a)(21). Pub. L. 105-89, Sec. 306, added par. (21).

Subsec. (a)(22). Pub. L. 105-89, Sec. 308, added par. (22).

1996 - Subsec. (a)(17). Pub. L. 104-193, Sec. 108(d)(2),

substituted "program funded under part A of this subchapter and

plan approved under part D of this subchapter" for "plans approved

under parts A and D of this subchapter".

Subsec. (a)(18). Pub. L. 104-193, Sec. 505(3), added par. (18)

relating to preference to adult relatives.

Pub. L. 104-188, Sec. 1808(a)(3), added par. (18) relating to

denial or delay of adoption or foster care on basis of race, color,

or national origin.

1994 - Subsec. (b). Pub. L. 103-432 struck out after first

sentence "However, in any case in which the Secretary finds, after

reasonable notice and opportunity for a hearing, that a State plan

which has been approved by the Secretary no longer complies with

the provisions of subsection (a) of this section, or that in the

administration of the plan there is a substantial failure to comply

with the provisions of the plan, the Secretary shall notify the

State that further payments will not be made to the State under

this part, or that such payments will be made to the State but

reduced by an amount which the Secretary determines appropriate,

until the Secretary is satisfied that there is no longer any such

failure to comply, and until he is so satisfied he shall make no

further payments to the State, or shall reduce such payments by the

amount specified in his notification to the State."

1993 - Subsec. (a)(2). Pub. L. 103-66 substituted "subpart 1 of

part B" for "part B".

1990 - Subsec. (a)(8)(E). Pub. L. 101-508, Sec. 5054(b)(2), added

cl. (E).

Subsec. (a)(9). Pub. L. 101-508, Sec. 5054(b)(1), amended par.

(9) generally. Prior to amendment, par. (9) read as follows:

"provides that where any agency of the State has reason to believe

that the home or institution in which a child resides whose care is

being paid for in whole or in part with funds provided under this

part or part B of this subchapter is unsuitable for the child

because of the neglect, abuse, or exploitation of such child, it

shall bring such condition to the attention of the appropriate

court or law enforcement agency;".

1988 - Subsec. (a)(8)(A). Pub. L. 100-485 substituted "part A, B,

or D of this subchapter (including activities under part F of this

subchapter)" for "part A, B, C, or D of this subchapter".

1986 - Subsec. (a)(1), (11). Pub. L. 99-514 substituted "adoption

assistance" for "adoption assistance payments".

1984 - Subsec. (a)(17). Pub. L. 98-378 added par. (17).

1982 - Subsec. (a)(10). Pub. L. 97-248 amended Pub. L. 97-35,

Sec. 2353(r), generally. See 1981 Amendment note below.

1981 - Subsec. (a)(10). Pub. L. 97-35, Sec. 2353(r), as amended

by Pub. L. 97-248, Sec. 160(d), substituted provisions that in

order for a State to be eligible for payments under this part a

State plan must provide for establishment or designation of a State

authority or authorities responsible for standards for foster

family homes and child care institutions, such standards to be

reasonably in accord with recommended standards of national

organizations concerned with standards for such institutions or

homes, including standards related to admission policies, safety,

sanitation, and protection of civil rights, for provisions that

such State plan provide for the application of standards referred

to in section 1397b(d)(1) of this title.

EFFECTIVE DATE OF 1999 AMENDMENT

Pub. L. 106-169, title I, Sec. 112(b), Dec. 14, 1999, 113 Stat.

1829, provided that: "The amendments made by subsection (a)

[amending this section] shall take effect on October 1, 1999."

Amendment by section 401(o) of Pub. L. 106-169 effective as if

included in the enactment of the Personal Responsibility and Work

Opportunity Reconciliation Act of 1996, Pub. L. 104-193, see

section 401(q) of Pub. L. 106-169, set out as a note under section

602 of this title.

EFFECTIVE DATE OF 1998 AMENDMENT

Pub. L. 105-200, title III, Sec. 301(d), July 16, 1998, 112 Stat.

658, provided that: "The amendments made by this section [amending

this section and section 674 of this title] shall take effect as if

included in the enactment of section 202 of the Adoption and Safe

Families Act of 1997 (Public Law 105-89; 111 Stat. 2125) [see

Effective Date of 1997 Amendments note below]."

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 Pub. L. 105-33 effective as if included in the

enactment of title V of the Personal Responsibility and Work

Opportunity Reconciliation 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)(2) 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 entitlement

under AFDC program, see section 116 of Pub. L. 104-193, as amended,

set out as an Effective Date note under section 601 of this title.

EFFECTIVE DATE OF 1994 AMENDMENT

Section 203(c)(2) of Pub. L. 103-432 provided that: "The

amendment made by subsection (b) [amending this section] shall take

effect on October 1, 1995."

EFFECTIVE DATE OF 1993 AMENDMENT

Amendment by Pub. L. 103-66 effective with respect to calendar

quarters beginning on or after Oct. 1, 1993, see section 13711(c)

of Pub. L. 103-66, set out as a note under section 622 of this

title.

EFFECTIVE DATE OF 1990 AMENDMENT

Section 5054(c) of Pub. L. 101-508 provided that: "The amendments

made by this section [amending this section and section 602 of this

title] shall apply with respect to benefits for months beginning on

or after the first day of the 6th calendar month following the

month in which this Act is enacted [November 1990]."

EFFECTIVE DATE OF 1988 AMENDMENT

Section 204 of title II of Pub. L. 100-485 provided that:

"(a) In General. - Except as provided in subsection (b), the

amendments made by this title [enacting sections 681 to 687 of this

title, amending this section, sections 602, 603, 607, 1308, 1396a,

and 1396s of this title, and section 51 of Title 26, Internal

Revenue Code, repealing sections 609, 614, 630 to 632, and 633 to

645 of this title, and enacting provisions set out as notes under

section 681 of this title] shall become effective on October 1,

1990.

"(b) Special Rules. - (1)(A) If any State makes the changes in

its State plan approved under section 402 of the Social Security

Act [section 602 of this title] that are required in order to carry

out the amendments made by this title and formally notifies the

Secretary of Health and Human Services of its desire to become

subject to such amendments as of the first day of any calendar

quarter beginning on or after the date on which the proposed

regulations of the Secretary of Health and Human Services are

published under section 203(a) [42 U.S.C. 671 note] (or, if

earlier, the date on which such regulations are required to be

published under such section) and before October 1, 1990, such

amendments shall become effective with respect to that State as of

such first day.

"(B) In the case of any State in which the amendments made by

this title become effective (in accordance with subparagraph (A))

with respect to any quarter of a fiscal year beginning before

October 1, 1990, the limitation applicable to the State for the

fiscal year under section 403(k)(2) of the Social Security Act

[section 603(k)(2) of this title] (as added by section 201(c)(1) of

this Act) shall be an amount that bears the same ratio to such

limitation (as otherwise determined with respect to the State for

the fiscal year) as the number of quarters in the fiscal year

throughout which such amendments apply to the State bears to 4.

"(2) Section 403(l)(3) of the Social Security Act [section

603(l)(3) of this title] (as added by section 201(c)(2) of this

Act) is repealed effective October 1, 1995 (except that

subparagraph (A) of such section 403(l)(3) shall remain in effect

for purposes of applying any reduction in payment rates required by

such subparagraph for any of the fiscal years specified therein);

and section 403(l)(4) of such Act (as so added) is repealed

effective October 1, 1998.

"(3) Subsections (a), (c), and (d) of section 203 of this Act [42

U.S.C. 671 note, 681 notes], and section 486 of the Social Security

Act [section 686 of this title] (as added by section 201(b) of this

Act), shall become effective on the date of the enactment of this

Act [Oct. 13, 1988]."

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by Pub. L. 99-514 applicable only with respect to

expenditures made after Dec. 31, 1986, see section 1711(d) of Pub.

L. 99-514, set out as a note under section 670 of this title.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-378 effective Oct. 1, 1984, and

applicable to collections made on or after that date, see section

11(e) of Pub. L. 98-378, set out as a note under section 654 of

this title.

EFFECTIVE DATE OF 1982 AMENDMENT

Amendment by Pub. L. 97-248 effective Oct. 1, 1981, see section

160(e) of Pub. L. 97-248, set out as a note under section 1301 of

this title.

EFFECTIVE DATE OF 1981 AMENDMENT

Amendment by Pub. L. 97-35 effective Oct. 1, 1981, except as

otherwise explicitly provided, see section 2354 of Pub. L. 97-35,

set out as an Effective Date note under section 1397 of this title.

REGULATIONS

Section 203(a) of title II of Pub. L. 100-485 provided that: "Not

later than 6 months after the date of the enactment of this Act

[Oct. 13, 1988], the Secretary of Health and Human Services (in

this section referred to as the 'Secretary') shall issue proposed

regulations for the purpose of implementing the amendments made by

this title [see Effective Date of 1988 Amendment note above],

including regulations establishing uniform data collection

requirements. The Secretary shall publish final regulations for

such purpose not later than one year after the date of the

enactment of this Act. Regulations issued under this subsection

shall be developed by the Secretary in consultation with the

Secretary of Labor and with the responsible State agencies

described in section 482(a)(2) of the Social Security Act [section

682(a)(2) of this title]."

PRESERVATION OF REASONABLE PARENTING

Section 401 of Pub. L. 105-89 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 unnecessarily or

to intrude inappropriately into family life, to prohibit the use of

reasonable methods of parental discipline, or to prescribe a

particular method of parenting."

REPORTING REQUIREMENTS

Section 402 of Pub. L. 105-89 provided that: "Any information

required to be reported under this Act [see Short Title of 1997

Amendment 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 System 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 necessary to allow States to obtain data that

meets the requirements of such system in order to satisfy the

reporting requirements of this Act."

PURCHASE OF AMERICAN-MADE EQUIPMENT AND PRODUCTS

Section 406 of Pub. L. 105-89 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

American-made.

"(b) Notice Requirement. - In providing financial assistance to,

or entering into any contract with, any entity 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

describing the statement made in subsection (a) by the Congress."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 652, 664, 666, 672, 674,

675, 678, 1320a-2, 1320a-10, 5633 of this title; title 26 section

6402.

-FOOTNOTE-

(!1) So in original. Probably should be "includes".

-End-

-CITE-

42 USC Sec. 672 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 7 - SOCIAL SECURITY

SUBCHAPTER IV - GRANTS TO STATES FOR AID AND SERVICES TO NEEDY

FAMILIES WITH CHILDREN AND FOR CHILD-WELFARE

SERVICES

Part E - Federal Payments for Foster Care and Adoption Assistance

-HEAD-

Sec. 672. Foster care maintenance payments program

-STATUTE-

(a) Qualifying children

Each State with a plan approved under this part shall make foster

care maintenance payments (as defined in section 675(4) of this

title) under this part with respect to a child who would have met

the requirements of section 606(a) of this title or of section 607

of this title (as such sections were in effect on July 16, 1996)

but for his removal from the home of a relative (specified in

section 606(a) of this title (as so in effect)), if -

(1) the removal from the home occurred pursuant to a voluntary

placement agreement entered into by the child's parent or legal

guardian, or was the result of a judicial determination to the

effect that continuation therein would be contrary to the welfare

of such child and (effective October 1, 1983) that reasonable

efforts of the type described in section 671(a)(15) of this title

for a child have been made;

(2) such child's placement and care are the responsibility of

(A) the State agency administering the State plan approved under

section 671 of this title, or (B) any other public agency with

whom the State agency administering or supervising the

administration of the State plan approved under section 671 of

this title has made an agreement which is still in effect;

(3) such child has been placed in a foster family home or

child-care institution as a result of the voluntary placement

agreement or judicial determination referred to in paragraph (1);

and

(4) such child -

(A) would have received aid under the State plan approved

under section 602 of this title (as in effect on July 16, 1996)

in or for the month in which such agreement was entered into or

court proceedings leading to the removal of such child from the

home were initiated, or

(B)(i) would have received such aid in or for such month if

application had been made therefor, or (ii) had been living

with a relative specified in section 606(a) of this title (as

in effect on July 16, 1996) within six months prior to the

month in which such agreement was entered into or such

proceedings were initiated, and would have received such aid in

or for such month if in such month he had been living with such

a relative and application therefor had been made.

In any case where the child is an alien disqualified under section

1255a(h), 1160(f), or 1161(d)(7) (!1) of title 8 from receiving aid

under the State plan approved under section 602 of this title in or

for the month in which such agreement was entered into or court

proceedings leading to the removal of the child from the home were

instituted, such child shall be considered to satisfy the

requirements of paragraph (4) (and the corresponding requirements

of section 673(a)(2)(B) of this title), with respect to that month,

if he or she would have satisfied such requirements but for such

disqualification. In determining whether a child would have

received aid under a State plan approved under section 602 of this

title (as in effect on July 16, 1996), a child whose resources

(determined pursuant to section 602(a)(7)(B) of this title, as so

in effect) have a combined value of not more than $10,000 shall be

considered to be a child whose resources have a combined value of

not more than $1,000 (or such lower amount as the State may

determine for purposes of such section 602(a)(7)(B) of this title).

(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 individual, whether the

payments therefor are made to such individual or to a public or

nonprofit private child-placement or child-care agency, or

(2) in a child-care institution, whether the payments therefor

are made to such institution or to a public or nonprofit 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

defined in section 675(4) of this title).

For the purposes of this part, (1) the term "foster family home"

means a foster family home for children which is licensed by the

State in which it is situated or has been approved, by the agency

of such State having responsibility for licensing homes of this

type, as meeting the standards established for such licensing; and

(2) the term "child-care institution" means a private child-care

institution, or a public child-care institution which accommodates

no more than twenty-five children, which is licensed by the State

in which it is situated or has been approved, by the agency of such

State responsible for licensing or approval of institutions of this

type, as meeting the standards established for such licensing, but

the term shall not include detention facilities, forestry camps,

training schools, or any other facility operated primarily for the

detention of children who are determined to be delinquent.

(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

expended by any State as foster care maintenance payments under

this section, in the case of children removed from their homes

pursuant to voluntary placement agreements as described in

subsection (a) of this section, only if (at the time such amounts

were expended) the State has fulfilled all of the requirements of

section 622(b)(10) 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) of this section and has remained in

voluntary placement for a period in excess of 180 days, unless

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.

(f) "Voluntary placement" and "voluntary placement 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 requested 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

guardians, the child, and the agency while the child is in

placement.

(g) Revocation of voluntary placement agreement

In any case where -

(1) the placement of a minor child in foster care occurred

pursuant to a voluntary placement agreement entered into by the

parents or guardians of such child as provided in subsection (a)

of this section, 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

determination, by a court of competent jurisdiction, 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 of this chapter, 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 subchapter (as so in effect). For purposes of

subchapter XX of this chapter, 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 institution are covered by the

foster care maintenance 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.

-SOURCE-

(Aug. 14, 1935, ch. 531, title IV, Sec. 472, as added and amended

Pub. L. 96-272, title I, Secs. 101(a)(1), 102(a)(1), (2), June 17,

1980, 94 Stat. 503, 513, 514; Pub. L. 99-603, title II, Sec.

201(b)(2)(A), title III, Secs. 302(b)(2), 303(e)(2), Nov. 6, 1986,

100 Stat. 3403, 3422, 3431; Pub. L. 100-203, title IX, Secs.

9133(b)(2), 9139(a), Dec. 22, 1987, 101 Stat. 1330-314, 1330-321;

Pub. L. 103-432, title II, Sec. 202(d)(3), Oct. 31, 1994, 108 Stat.

4454; Pub. L. 104-193, title I, Sec. 108(d)(3), (4), title V, Sec.

501, Aug. 22, 1996, 110 Stat. 2166, 2277; Pub. L. 105-33, title V,

Secs. 5513(b)(1), (2), 5592(b), Aug. 5, 1997, 111 Stat. 620, 644;

Pub. L. 105-89, title I, Sec. 101(c), Nov. 19, 1997, 111 Stat.

2117; Pub. L. 106-169, title I, Sec. 111, Dec. 14, 1999, 113 Stat.

1829.)

-REFTEXT-

REFERENCES IN TEXT

Section 1161 of title 8, referred to in subsec. (a), was repealed

by Pub. L. 103-416, title II, Sec. 219(ee)(1), Oct. 25, 1994, 108

Stat. 4319.

Parts A and B of this subchapter, referred to in subsecs. (f) and

(h), are classified to sections 601 et seq. and 620 et seq.,

respectively, of this title.

-MISC1-

AMENDMENTS

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 resources (determined pursuant to section

602(a)(7)(B) of this title, as so in effect) have a combined value

of not more than $10,000 shall be considered to be a child whose

resources have a combined value of not more than $1,000 (or such

lower amount as the State may determine for purposes of such

section 602(a)(7)(B) of this title).

1997 - Subsec. (a). Pub. L. 105-33, Sec. 5513(b)(1), substituted

"July 16, 1996" for "June 1, 1995" in introductory provisions.

Subsec. (a)(1). Pub. L. 105-89 inserted "for a child" before

"have been made;".

Subsec. (a)(4). Pub. L. 105-33, Sec. 5513(b)(1), substituted

"July 16, 1996" for "June 1, 1995" in subpars. (A) and (B).

Subsec. (d). Pub. L. 105-33, Sec. 5592(b), substituted "section

622(b)(10)" for "section 622(b)(9)".

Subsec. (h)(1). Pub. L. 105-33, Sec. 5513(b)(2), substituted

"July 16, 1996" for "June 1, 1995".

1996 - Subsec. (a). Pub. L. 104-193, Sec. 108(d)(3)(A), in

introductory provisions, substituted "would have met the

requirements" for "would meet the requirements" and inserted "(as

such sections were in effect on June 1, 1995)" after "section 607

of this title" and "(as so in effect)" after "section 606(a) of

this title".

Subsec. (a)(4)(A). Pub. L. 104-193, Sec. 108(d)(3)(B)(i),

substituted "would have received aid" for "received aid" and

inserted "(as in effect on June 1, 1995)" after "section 602 of

this title".

Subsec. (a)(4)(B)(ii). Pub. L. 104-193, Sec. 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, Sec. 501, struck out "nonprofit"

before "private child-care institution."

Subsec. (h). Pub. L. 104-193, Sec. 108(d)(4), amended subsec. (h)

generally. Prior to amendment, subsec. (h) read as follows: "For

purposes of subchapters XIX and XX of this chapter, any child with

respect to whom foster care maintenance payments are made under

this section shall be deemed to be a dependent child as defined in

section 606 of this title and shall be deemed to be a recipient of

aid to families with dependent children under part A of this

subchapter. For purposes of the preceding sentence, a child whose

costs in a foster family home or child-care institution are covered

by the foster care maintenance payments being made with respect to

his or her minor parent, as provided in section 675(4)(B) of this

title, shall be considered a child with respect to whom foster care

maintenance payments are made under this section."

1994 - Subsec. (d). 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, Sec. 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, Sec. 9133(b)(2), inserted sentence

at end.

1986 - Subsec. (a). Pub. L. 99-603, Sec. 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, Sec. 302(b)(2), inserted in closing provisions

reference to cases in which a child is an alien disqualified under

section 1160(f) of title 8.

Pub. L. 99-603, Sec. 201(b)(2)(A), inserted closing provisions:

"In any case where the child is an alien disqualified under section

1255a(h) of title 8 from receiving aid under the State plan

approved under section 602 of this title in or for the month in

which such agreement was entered into or court proceedings leading

to the removal of the child from the home were instituted, such

child shall be considered to satisfy the requirements of paragraph

(4) (and the corresponding requirements of section 673(a)(1)(B) of

this title), with respect to that month, if he or she would have

satisfied such requirements but for such disqualification."

1980 - Subsec. (a). Pub. L. 96-272, Sec. 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, Sec. 102(a)(2), added

subsecs. (d) to (g). Former subsec. (d) was redesignated (h).

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 effective as if

included in the enactment of title V of the Personal Responsibility

and Work Opportunity Reconciliation 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 entitlement

under AFDC program, see section 116 of Pub. L. 104-193, as amended,

set out as an Effective Date note under section 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

Section 9133(c) of Pub. L. 100-203 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

Section 102(a)(1) of Pub. L. 96-272, as amended by Pub. L.

98-118, Sec. 3(a), Oct. 11, 1983, 97 Stat. 803; Pub. L. 98-617,

Sec. 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, Sec. 9131(a)(1), Dec. 22, 1987, 101 Stat. 1330-313,

provided that the amendment made by that section is effective with

respect to expenditures made after Sept. 30, 1980.

Section 102(c) of Pub. L. 96-272, as amended by Pub. L. 98-118,

Sec. 3(b), Oct. 11, 1983, 97 Stat. 803; Pub. L. 98-617, Sec.

4(c)(2), Nov. 8, 1984, 98 Stat. 3297; Pub. L. 99-272, title XII,

Sec. 12306(c)(2), Apr. 7, 1986, 100 Stat. 294; Pub. L. 100-203,

title IX, Sec. 9131(a)(2), Dec. 22, 1987, 101 Stat. 1330-313,

provided that: "The amendments 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."

[Section 9131(b) of Pub. L. 100-203 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."]

CHILDREN VOLUNTARILY REMOVED FROM HOME OF RELATIVE

Section 102(d)(1) of Pub. L. 96-272 provided that: "For purposes

of section 472 of the Social Security Act [this section], a child

who was voluntarily removed from the home of a relative and who had

a judicial determination prior to October 1, 1978, to the effect

that continuation therein would be contrary to the welfare of such

child, shall be deemed to have been so removed as a result of such

judicial determination if, and from the date that, a case plan and

a review meeting the requirements of section 471(a)(16) of such Act

[section 671(a)(16) of this title] have been made with respect to

such child and such child is determined to be in need of foster

care as a result of such review. In the case of any child described

in the preceding sentence, for purposes of section 472(a)(4) of

such Act [subsec. (a)(4) of this section], the date of the

voluntary removal shall be deemed to be the date on which court

proceedings are initiated which led to such removal."

ANNUAL REPORT TO CONGRESS OF NUMBER OF CHILDREN PLACED IN FOSTER

CARE PURSUANT TO VOLUNTARY PLACEMENT AGREEMENTS

Pub. L. 96-272, title I, Sec. 102(e), June 17, 1980, 94 Stat.

515, as amended by Pub. L. 100-203, title IX, Sec. 9131(a)(3), Dec.

22, 1987, 101 Stat. 1330-313, which required the Secretary of

Health, Education, and Welfare, to submit to Congress a full and

complete annual report on the placement of children in foster care

pursuant to voluntary placement agreements under this section and

section 608 of this title, terminated, effective May 15, 2000,

pursuant to section 3003 of 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 602, 671, 673, 674, 675,

1382, 1396v, 5633 of this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 673 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 7 - SOCIAL SECURITY

SUBCHAPTER IV - GRANTS TO STATES FOR AID AND SERVICES TO NEEDY

FAMILIES WITH CHILDREN AND FOR CHILD-WELFARE

SERVICES

Part E - Federal Payments for Foster Care and Adoption Assistance

-HEAD-

Sec. 673. Adoption assistance program

-STATUTE-

(a) Agreements with adoptive parents of children with special

needs; State payments; qualifying 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 assistance 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 agency or

through another public or nonprofit private agency, in amounts

determined under paragraph (3), and

(ii) in any case where the child meets the requirements of

paragraph (2), may make adoption assistance payments to such

parents, directly through the State agency or through another

public or nonprofit private agency, in amounts so determined.

(2) For purposes of paragraph (1)(B)(ii), a child meets the

requirements of this paragraph if such child -

(A)(i) at the time adoption proceedings were initiated, met the

requirements of section 606(a) of this title or section 607 of

this title (as such sections were in effect on July 16, 1996) or

would have met such requirements except for his removal from the

home of a relative (specified in section 606(a) of this title (as

so in effect)), either pursuant to a voluntary placement

agreement with respect to which Federal payments are provided

under section 674 (or 603 (as such section was in effect on July

16, 1996)) of this title or as a result of a judicial

determination to the effect that continuation therein would be

contrary to the welfare of such child,

(ii) meets all of the requirements of subchapter XVI of this

chapter with respect to eligibility for supplemental security

income benefits, or

(iii) is a child whose costs in a foster family home or

child-care institution are covered by the foster care maintenance

payments being made with respect to his or her minor parent as

provided in section 675(4)(B) of this title,

(B)(i) would have received aid under the State plan approved

under section 602 of this title (as in effect on July 16, 1996)

in or for the month in which such agreement was entered into or

court proceedings leading to the removal of such child from the

home were initiated, or

(ii)(I) would have received such aid in or for such month if

application had been made therefor, or (II) had been living with

a relative specified in section 606(a) of this title (as in

effect on July 16, 1996) within six months prior to the month in

which such agreement was entered into or such proceedings were

initiated, and would have received such aid in or for such month

if in such month he had been living with such a relative and

application therefor had been made, or

(iii) is a child described in subparagraph (A)(ii) or (A)(iii),

and

The last sentence of section 672(a) of this title shall apply, for

purposes of subparagraph (B), in any case where the child is an

alien described in that sentence. Any child who meets the

requirements of subparagraph (C), who was determined eligible for

adoption assistance payments under this part with respect to a

prior adoption, who is available for adoption because the prior

adoption has been dissolved and the parental rights of the adoptive

parents have been terminated or because the child's adoptive

parents have died, and who fails to meet the requirements of

subparagraphs (A) and (B) but would meet such requirements if the

child were treated as if the child were in the same financial and

other circumstances the child was in the last time the child was

determined eligible for adoption assistance payments under this

part and the prior adoption were treated as never having occurred,

shall be treated as meeting the requirements of this paragraph for

purposes of paragraph (1)(B)(ii).

(3) The amount of the payments to be made in any case under

clauses (i) and (ii) of paragraph (1)(B) shall be determined

through agreement between the adoptive parents and the State or

local agency administering the program under this section, which

shall take into consideration the circumstances of the adopting

parents and the needs of the child being adopted, and may be

readjusted periodically, with the concurrence of the adopting

parents (which may be specified in the adoption assistance

agreement), depending upon changes in such circumstances. However,

in no case may the amount of the adoption assistance payment made

under clause (ii) of paragraph (1)(B) exceed the foster care

maintenance payment which would have been paid during the period if

the child with respect to whom the adoption assistance payment is

made had been in a foster family home.

(4) Notwithstanding the preceding paragraph, (A) no payment may

be made to parents with respect to any child who has attained the

age of eighteen (or, where the State determines that the child has

a mental or physical handicap which warrants the continuation of

assistance, the age of twenty-one), and (B) no payment may be made

to parents with respect to any child if the State determines that

the parents are no longer legally responsible for the support of

the child or if the State determines that the child is no longer

receiving any support from such parents. Parents who have been

receiving adoption assistance payments under this section shall

keep the State or local agency administering the program under this

section informed of circumstances which would, pursuant to this

subsection, make them ineligible for such assistance payments, or

eligible for assistance payments in a different amount.

(5) For purposes of this part, individuals with whom a child (who

has been determined by the State, pursuant to subsection (c) of

this section, to be a child with special needs) is placed for

adoption in accordance with applicable State and local law shall be

eligible for such payments, during the period of the placement, on

the same terms and subject to the same conditions as if such

individuals had adopted such child.

(6)(A) For purposes of paragraph (1)(B)(i), the term

"nonrecurring adoption expenses" means reasonable and necessary

adoption fees, court costs, attorney fees, and other expenses which

are directly related to the legal adoption of a child with special

needs and which are not incurred in violation of State or Federal

law.

(B) A State's payment of nonrecurring adoption expenses under an

adoption assistance agreement shall be treated as an expenditure

made for the proper and efficient administration of the State plan

for purposes of section 674(a)(3)(E) of this title.

(b) Aid for dependent children; assistance for minor children in

needy families

(1) For purposes of subchapter XIX of this chapter, any child who

is described in paragraph (3) 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 subchapter (as so in

effect) in the State where such child resides.

(2) For purposes of subchapter XX of this chapter, any child who

is described in paragraph (3) is deemed to be a minor child in a

needy family under a State program funded under part A of this

subchapter and deemed to be a recipient of assistance under such

part.

(3) A child described in this paragraph is any child -

(A)(i) who is a child described in subsection (a)(2) of this

section, and

(ii) with respect to whom an adoption assistance agreement is

in effect under this section (whether or not adoption assistance

payments are provided under the agreement or are being made under

this section), including any such child who has been placed for

adoption in accordance with applicable State and local law

(whether or not an interlocutory or other judicial decree of

adoption has been issued), or

(B) with respect to whom foster care maintenance payments are

being made under section 672 of this title.

(4) For purposes of paragraphs (1) and (2), a child whose costs

in a foster family home or child-care institution are covered by

the foster care maintenance payments being made with respect to 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 being made under section 672 of this

title.

For purposes of this section, a child shall not be considered a

child with special needs unless -

(1) the State has determined that the child cannot or should

not be returned to the home of his parents; and

(2) the State had first determined (A) that there exists with

respect to the child a specific factor or condition (such as his

ethnic background, age, or membership in a minority or sibling

group, or the presence of factors such as medical conditions or

physical, mental, or emotional handicaps) because of which it is

reasonable to conclude that such child cannot be placed with

adoptive parents without providing adoption assistance under this

section or medical assistance under subchapter XIX of this

chapter, and (B) that, except where it would be against the best

interests of the child because of such factors as the existence

of significant emotional ties with prospective adoptive parents

while in the care of such parents as a foster child, a

reasonable, but unsuccessful, effort has been made to place the

child with appropriate adoptive parents without providing

adoption assistance under this section or medical assistance

under subchapter XIX of this chapter.

-SOURCE-

(Aug. 14, 1935, ch. 531, title IV, Sec. 473, as added and amended

Pub. L. 96-272, title I, Secs. 101(a)(1), 102(a)(3), June 17, 1980,

94 Stat. 504, 514; Pub. L. 99-272, title XII, Sec. 12305(a),

(b)(1), Apr. 7, 1986, 100 Stat. 293; Pub. L. 99-514, title XVII,

Sec. 1711(a), (b), (c)(3)-(5), Oct. 22, 1986, 100 Stat. 2783, 2784;

Pub. L. 99-603, title II, Sec. 201(b)(2)(B), Nov. 6, 1986, 100

Stat. 3403; Pub. L. 100-203, title IX, Secs. 9133(b)(3), (4),

9139(b), Dec. 22, 1987, 101 Stat. 1330-314, 1330-321; Pub. L.

103-432, title II, Secs. 265(b), 266(a), Oct. 31, 1994, 108 Stat.

4469; Pub. L. 104-193, title I, Sec. 108(d)(5), (6), Aug. 22, 1996,

110 Stat. 2167; Pub. L. 105-33, title V, Sec. 5513(b)(3), (4), Aug.

5, 1997, 111 Stat. 620; Pub. L. 105-89, title III, Sec. 307(a),

Nov. 19, 1997, 111 Stat. 2133.)

-REFTEXT-

REFERENCES IN TEXT

Part A of this subchapter, referred to in subsec. (b)(1), (2), is

classified to section 601 et seq. of this title.

-MISC1-

AMENDMENTS

1997 - Subsec. (a)(2). Pub. L. 105-89 inserted at end "Any child

who meets the requirements of subparagraph (C), who was determined

eligible for adoption assistance payments under this part with

respect to a prior adoption, who is available for adoption because

the prior adoption has been dissolved and the parental rights of

the adoptive parents have been terminated or because the child's

adoptive parents have died, and who fails to meet the requirements

of subparagraphs (A) and (B) but would meet such requirements if

the child were treated as if the child were in the same financial

and other circumstances the child was in the last time the child

was determined eligible for adoption assistance payments under this

part and the prior adoption were treated as never having occurred,

shall be treated as meeting the requirements of this paragraph for

purposes of paragraph (1)(B)(ii)."

Pub. L. 105-33, Sec. 5513(b)(3), substituted "July 16, 1996" for

"June 1, 1995" wherever appearing.

Subsec. (b)(1). Pub. L. 105-33, Sec. 5513(b)(4), substituted

"July 16, 1996" for "June 1, 1995".

1996 - Subsec. (a)(2)(A)(i). Pub. L. 104-193, Sec. 108(d)(5)(A),

inserted "(as such sections were in effect on June 1, 1995)" after

"section 607 of this title", "(as so in effect)" after "specified

in section 606(a) of this title", and "(as such section was in

effect on June 1, 1995)" after "603".

Subsec. (a)(2)(B)(i). Pub. L. 104-193, Sec. 108(d)(5)(B),

inserted "would have" before "received aid under the State plan"

and "(as in effect on June 1, 1995)" after "602 of this title".

Subsec. (a)(2)(B)(ii)(II). Pub. L. 104-193, Sec. 108(d)(5)(C),

inserted "(as in effect on June 1, 1995)" after "606(a) of this

title".

Subsec. (b). Pub. L. 104-193, Sec. 108(d)(6), amended subsec. (b)

generally. Prior to amendment, subsec. (b) read as follows: "For

purposes of subchapters XIX and XX of this chapter, any child -

"(1)(A) who is a child described in subsection (a)(2) of this

section, and

"(B) with respect to whom an adoption assistance agreement is

in effect under this section (whether or not adoption assistance

payments are provided under the agreement or are being made under

this section), including any such child who has been placed for

adoption in accordance with applicable State and local law

(whether or not an interlocutory or other judicial decree of

adoption has been issued), or

"(2) with respect to whom foster care maintenance payments are

being made under section 672 of this title,

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 in

the State where such child resides. For purposes of the preceding

sentence, a child whose costs in a foster family home or child-care

institution are covered by the foster care maintenance payments

being made with respect to his or her minor parent, as provided in

section 675(4)(B) of this title, shall be considered a child with

respect to whom foster care maintenance payments are being made

under section 672 of this title."

1994 - Subsec. (a)(6)(B). Pub. L. 103-432, Sec. 266(a),

substituted "section 674(a)(3)(E) of this title" for "section

674(a)(3)(C) of this title".

Pub. L. 103-432, Sec. 265(b), substituted "section 674(a)(3)(C)

of this title" for "section 674(a)(3)(B) of this title".

1987 - Subsec. (a)(2). Pub. L. 100-203, Sec. 9139(b), made

technical amendment to Pub. L. 99-603. See 1986 Amendment note

below.

Subsec. (a)(2)(A)(iii). Pub. L. 100-203, Sec. 9133(b)(3)(A),

added cl. (iii).

Subsec. (a)(2)(B)(iii). Pub. L. 100-203, Sec. 9133(b)(3)(B),

inserted "or (A)(iii)" after "(A)(ii)".

Subsec. (b). Pub. L. 100-203, Sec. 9133(b)(4), inserted sentence

at end.

1986 - Subsec. (a)(2). Pub. L. 99-603, as amended Pub. L.

100-203, Sec. 9139(b), inserted at end "The last sentence of

section 672(a) of this title shall apply, for purposes of

subparagraph (B), in any case where the child is an alien described

in that sentence."

Pub. L. 99-514, Sec. 1711(a), substituted par. (1) and

introductory text of par. (2) for former introductory text of par.

(1) which read as follows: "Each State with a plan approved under

this part shall, directly through the State agency or through

another public or nonprofit private agency, make adoption

assistance payments pursuant to an adoption assistance agreement in

amounts determined under paragraph (2) of this subsection to

parents who, after June 17, 1980, adopt a child who - ". Former

par. (2) redesignated (3).

Subsec. (a)(3). Pub. L. 99-514, Sec. 1711(a)(1), (c)(3),

redesignated par. (2) as (3), substituted "payments to be made in

any case under clauses (i) and (ii) of paragraph (1)(B)" for

"adoption assistance payments", and inserted "made under clause

(ii) of paragraph (1)(B)". Former par. (3) redesignated (4).

Subsec. (a)(4). Pub. L. 99-514, Sec. 1711(a)(1), redesignated

par. (3) as (4). Former par. (4) redesignated (5).

Subsec. (a)(5). Pub. L. 99-514, Sec. 1711(a)(1), (c)(4),

redesignated par. (4) as (5) and substituted "in accordance with

applicable State and local law shall be eligible for such payments"

for ", pursuant to an interlocutory decree, shall be eligible for

adoption assistance payments under this subsection".

Subsec. (a)(6). Pub. L. 99-514, Sec. 1711(b), added par. (6).

Subsec. (b). Pub. L. 99-272, Sec. 12305(a), amended subsec. (b)

generally. Prior to amendment, subsec. (b) read as follows: "For

purposes of subchapters XIX and XX of this chapter, any child with

respect to whom adoption assistance payments are made under this

section shall be deemed to be a dependent child as defined in

section 606 of this title and shall be deemed to be a recipient of

aid to families with dependent children under part A of this

subchapter."

Subsec. (b)(1)(A). Pub. L. 99-514, Sec. 1711(c)(5), substituted

"subsection (a)(2)" for "subsection (a)(1)".

Subsec. (c)(2). Pub. L. 99-272, Sec. 12305(b)(1), substituted

"without providing adoption assistance under this section or

medical assistance under subchapter XIX of this chapter" for

"without providing adoption assistance", and inserted "or medical

assistance under subchapter XIX of this chapter" after "appropriate

adoptive parents without providing adoption assistance under this

section".

1980 - Subsec. (a)(1). Pub. L. 96-272, Sec. 102(a)(3), inserted

references to voluntary placement agreements in subpars. (A)(i) and

(B)(i), (ii).

EFFECTIVE DATE OF 1997 AMENDMENTS

Section 307(b) of Pub. L. 105-89 provided that: "The amendment

made by subsection (a) [amending this section] shall only apply to

children who are adopted on or after October 1, 1997."

Amendment by 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.

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by 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 entitlement under AFDC program, see section 116 of

Pub. L. 104-193, as amended, set out as an Effective Date note

under section 601 of this title.

EFFECTIVE DATE OF 1994 AMENDMENT

Section 265(d) of Pub. L. 103-432 provided that: "Each amendment

made by this section [amending this section and sections 608 and

675 of this title] shall take effect as if the amendment had been

included in the provision of OBRA-1989 [Pub. L. 101-239] to which

the amendment relates, at the time the provision became law."

Section 266(b) of Pub. L. 103-432 provided that: "The amendment

made by this section [amending this section] shall take effect as

if the amendment had been included in the provision of OBRA-1993

[Pub. L. 103-66] to which the amendment relates, at the time the

provision became law."

EFFECTIVE DATE OF 1987 AMENDMENT

Amendment by section 9133(b)(3), (4) of Pub. L. 100-203 effective

Apr. 1, 1988, see section 9133(c) of Pub. L. 100-203, set out as a

note under section 672 of this title.

EFFECTIVE DATE OF 1986 AMENDMENTS

Amendment by Pub. L. 99-514 applicable only with respect to

expenditures made after Dec. 31, 1986, see section 1711(d) of Pub.

L. 99-514, set out as a note under section 670 of this title.

Section 12305(c) of Pub. L. 99-272 provided that: "The amendments

made by this section [amending this section and sections 675 and

1396a of this title] shall apply to medical assistance furnished in

or after the first calendar quarter beginning more than 90 days

after the date of the enactment of this Act [Apr. 7, 1986]."

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by section 102(a)(3) of Pub. L. 96-272 effective only

with respect to expenditures made after Sept. 30, 1979, see section

102(c) of Pub. L. 96-272, as amended, set out as a note under

section 672 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 671, 672, 673a, 673b,

674, 1320a-9, 1396a, 1396v of this title; title 10 section 1052;

title 14 section 514.

-End-

-CITE-

42 USC Sec. 673a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 7 - SOCIAL SECURITY

SUBCHAPTER IV - GRANTS TO STATES FOR AID AND SERVICES TO NEEDY

FAMILIES WITH CHILDREN AND FOR CHILD-WELFARE

SERVICES

Part E - Federal Payments for Foster Care and Adoption Assistance

-HEAD-

Sec. 673a. Interstate compacts

-STATUTE-

The Secretary of Health and Human Services shall take all

possible steps to encourage and assist the various States to enter

into interstate compacts (which are hereby approved by the

Congress) under which the interests of any adopted child with

respect to whom an adoption assistance agreement has been entered

into by a State under section 673 of this title will be adequately

protected, on a reasonable and equitable basis which is approved by

the Secretary, if and when the child and his or her adoptive parent

(or parents) move to another State.

-SOURCE-

(Pub. L. 96-272, title I, Sec. 101(a)(4)(B), June 17, 1980, 94

Stat. 512.)

-COD-

CODIFICATION

Section was enacted as part of the Adoption Assistance and Child

Welfare Act of 1980, and not as part of the Social Security Act

which comprises this chapter.

-CHANGE-

CHANGE OF NAME

"Secretary of Health and Human Services" was substituted for

"Secretary of Health, Education, and Welfare" in text, pursuant to

Pub. L. 96-88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695,

which is classified to section 3508(b) of Title 20, Education.

-End-

-CITE-

42 USC Sec. 673b 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 7 - SOCIAL SECURITY

SUBCHAPTER IV - GRANTS TO STATES FOR AID AND SERVICES TO NEEDY

FAMILIES WITH CHILDREN AND FOR CHILD-WELFARE

SERVICES

Part E - Federal Payments for Foster Care and Adoption Assistance

-HEAD-

Sec. 673b. Adoption incentive payments

-STATUTE-

(a) Grant authority

Subject to the availability of such amounts as may be provided in

advance in appropriations Acts for this purpose, the Secretary

shall make a grant to each State that is an incentive-eligible

State for a fiscal year in an amount equal to the adoption

incentive payment payable to the State under this section for the

fiscal year, which shall be payable in the immediately succeeding

fiscal year.

(b) Incentive-eligible State

A State is an incentive-eligible State for a fiscal year if -

(1) the State has a plan approved under this part for the

fiscal year;

(2) the number of foster child adoptions in the State during

the fiscal year exceeds the base number of foster child adoptions

for the State for the fiscal year;

(3) the State is in compliance with subsection (c) of this

section for the fiscal year;

(4) in the case of fiscal years 2001 and 2002, the State

provides health insurance coverage to any child with special

needs (as determined under section 673(c) of this title) for whom

there is in effect an adoption assistance agreement between a

State and an adoptive parent or parents; and

(5) the fiscal year is any of fiscal years 1998 through 2002.

(1) In general

A State is in compliance with this subsection for a fiscal year

if the State has provided to the Secretary the data described in

paragraph (2) -

(A) for fiscal years 1995 through 1997 (or, if the first

fiscal year for which the State seeks a grant under this

section is after fiscal year 1998, the fiscal year that

precedes such first fiscal year); and

(B) for each succeeding fiscal year that precedes the fiscal

year.

(2) Determination of numbers of adoptions

(A) Determinations based on AFCARS data

Except as provided in subparagraph (B), the Secretary shall

determine the numbers of foster child adoptions and of special

needs adoptions in a State during each of fiscal years 1995

through 2002, for purposes of this section, on the basis of

data meeting the requirements of the system established

pursuant to section 679 of this title, as reported by the State

and approved by the Secretary by August 1 of the succeeding

fiscal year.

(B) Alternative data sources permitted for fiscal years 1995

through 1997

For purposes of the determination described in subparagraph

(A) for fiscal years 1995 through 1997, the Secretary may use

data from a source or sources other than that specified in

subparagraph (A) that the Secretary finds to be of equivalent

completeness and reliability, as reported by a State by April

30, 1998, and approved by the Secretary by July 1, 1998.

(3) No waiver of AFCARS requirements

This section shall not be construed to alter or affect any

requirement of section 679 of this title or of any regulation

prescribed under such section with respect to reporting of data

by States, or to waive any penalty for failure to comply with

such a requirement.

(d) Adoption incentive payment

(1) In general

Except as provided in paragraph (2), the adoption incentive

payment payable to a State for a fiscal year under this section

shall be equal to the sum of -

(A) $4,000, multiplied by the amount (if any) by which the

number of foster child adoptions in the State during the fiscal

year exceeds the base number of foster child adoptions for the

State for the fiscal year; and

(B) $2,000, multiplied by the amount (if any) by which the

number of special needs adoptions in the State during the

fiscal year exceeds the base number of special needs adoptions

for the State for the fiscal year.

(2) Pro rata adjustment if insufficient funds available

For any fiscal year, if the total amount of adoption incentive

payments otherwise payable under this section for a fiscal year

exceeds the amount appropriated pursuant to subsection (h) of

this section for the fiscal year, the amount of the adoption

incentive payment payable to each State under this section for

the fiscal year shall be -

(A) the amount of the adoption incentive payment that would

otherwise be payable to the State under this section for the

fiscal year; multiplied by

(B) the percentage represented by the amount so appropriated

for the fiscal year, divided by the total amount of adoption

incentive payments otherwise payable under this section for the

fiscal year.

(e) 2-year availability of incentive payments

Payments to a State under this section in a fiscal year shall

remain available for use by the State through the end of the

succeeding fiscal year.

(f) Limitations on use of incentive payments

A State shall not expend an amount paid to the State under this

section except to provide to children or families any service

(including post-adoption services) that may be provided under part

B of this subchapter or this part. Amounts expended by a State in

accordance with the preceding sentence shall be disregarded in

determining State expenditures for purposes of Federal matching

payments under sections 623, 629d, and 674 of this title.

(g) Definitions

As used in this section:

(1) Foster child adoption

The term "foster child adoption" means the final adoption of a

child who, at the time of adoptive placement, was in foster care

under the supervision of the State.

(2) Special needs adoption

The term "special needs adoption" means the final adoption of a

child for whom an adoption assistance agreement is in effect

under section 673 of this title.

(3) Base number of foster child adoptions

The term "base number of foster child adoptions for a State"

means -

(A) with respect to fiscal year 1998, the average number of

foster child adoptions in the State in fiscal years 1995, 1996,

and 1997; and

(B) with respect to any subsequent fiscal year, the number of

foster child adoptions in the State in the fiscal year for

which the number is the greatest in the period that begins with

fiscal year 1997 and ends with the fiscal year preceding such

subsequent fiscal year.

(4) Base number of special needs adoptions

The term "base number of special needs adoptions for a State"

means -

(A) with respect to fiscal year 1998, the average number of

special needs adoptions in the State in fiscal years 1995,

1996, and 1997; and

(B) with respect to any subsequent fiscal year, the number of

special needs adoptions in the State in the fiscal year for

which the number is the greatest in the period that begins with

fiscal year 1997 and ends with the fiscal year preceding such

subsequent fiscal year.

(h) Limitations on authorization of appropriations

(1) In general

For grants under subsection (a) of this section, there are

authorized to be appropriated to the Secretary -

(A) $20,000,000 for fiscal year 1999;

(B) $43,000,000 for fiscal year 2000; and

(2) Availability

Amounts appropriated under paragraph (1) are authorized to

remain available until expended, but not after fiscal year 2003.

(i) Technical assistance

(1) In general

The Secretary may, directly or through grants or contracts,

provide technical assistance to assist States and local

communities to reach their targets for increased numbers of

adoptions and, to the extent that adoption is not possible,

alternative permanent placements, for children in foster care.

(2) Description of the character of the technical assistance

The technical assistance provided under paragraph (1) may

support the goal of encouraging more adoptions out of the foster

care system, when adoptions promote the best interests of

children, and may include the following:

(A) The development of best practice guidelines for

expediting termination of parental rights.

(B) Models to encourage the use of concurrent planning.

moving children toward adoption as a permanency goal.

(D) The development of risk assessment tools to facilitate

early identification of the children who will be at risk of

harm if returned home.

(E) Models to encourage the fast tracking of children who

have not attained 1 year of age into pre-adoptive placements.

(F) Development of programs that place children into

pre-adoptive families without waiting for termination of

parental rights.

(3) Targeting of technical assistance to the courts

Not less than 50 percent of any amount appropriated pursuant to

paragraph (4) shall be used to provide technical assistance to

the courts.

(4) Limitations on authorization of appropriations

To carry out this subsection, there are authorized to be

appropriated to the Secretary of Health and Human Services not to

exceed $10,000,000 for each of fiscal years 1998 through 2000.

(j) Supplemental grants

(1) In general

Subject to the availability of such amounts as may be provided

in advance in appropriations Acts, in addition to any amount

otherwise payable under this section to any State that is an

incentive-eligible State for fiscal year 1998, the Secretary

shall make a grant to the State in an amount equal to the lesser

of -

(A) the amount by which -

(i) the amount that would have been payable to the State

under this section during fiscal year 1999 (on the basis of

adoptions in fiscal year 1998) in the absence of subsection

(d)(2) of this section if sufficient funds had been available

for the payment; exceeds

(ii) the amount that, before December 14, 1999, was payable

to the State under this section during fiscal year 1999 (on

such basis); or

(B) the amount that bears the same ratio to the dollar amount

specified in paragraph (2) as the amount described by

subparagraph (A) for the State bears to the aggregate of the

amounts described by subparagraph (A) for all States that are

incentive-eligible States for fiscal year 1998.

(2) Funding

$23,000,000 of the amounts appropriated under subsection (h)(1)

of this section for fiscal year 2000 may be used for grants under

paragraph (1) of this subsection.

-SOURCE-

(Aug. 14, 1935, ch. 531, title IV, Sec. 473A, as added Pub. L.

105-89, title II, Sec. 201(a), Nov. 19, 1997, 111 Stat. 2122; Pub.

L. 105-200, title IV, Sec. 410(f), July 16, 1998, 112 Stat. 673;

Pub. L. 106-169, title I, Sec. 131, Dec. 14, 1999, 113 Stat. 1830.)

-REFTEXT-

REFERENCES IN TEXT

Part B of this subchapter, referred to in subsec. (f), is

classified to section 620 et seq. of this title.

-MISC1-

AMENDMENTS

1999 - Subsec. (h)(1). Pub. L. 106-169, Sec. 131(b), amended

heading and text of par. (1) generally. Prior to amendment, text

read as follows: "For grants under subsection (a) of this section,

there are authorized to be appropriated to the Secretary

$20,000,000 for each of fiscal years 1999 through 2003."

Subsec. (j). Pub. L. 106-169, Sec. 131(a), added subsec. (j).

1998 - Subsec. (c)(2)(B). Pub. L. 105-200 substituted "April 30,

1998" for "November 30, 1997" and "July 1, 1998" for "March 1,

1998".

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.

-End-

-CITE-

42 USC Sec. 674 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 7 - SOCIAL SECURITY

SUBCHAPTER IV - GRANTS TO STATES FOR AID AND SERVICES TO NEEDY

FAMILIES WITH CHILDREN AND FOR CHILD-WELFARE

SERVICES

Part E - Federal Payments for Foster Care and Adoption Assistance

-HEAD-

Sec. 674. Payments to States

-STATUTE-

(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) an amount equal to the Federal medical assistance

percentage (as defined in section 1396d(b) of this title) 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; plus

(2) an amount equal to the Federal medical assistance

percentage (as defined in section 1396d(b) of this title) of the

total amount expended during such quarter as adoption assistance

payments under section 673 of this title pursuant to adoption

assistance agreements; plus

(3) an amount equal to the sum of the following proportions of

the total amounts expended during such quarter as found necessary

by the Secretary for the provision of child placement services

and for the proper and efficient administration of the State plan

(A) 75 per centum of so much of such expenditures as are for

the training (including both short- and long-term training at

educational institutions through grants to such institutions or

by direct financial assistance to students enrolled in such

institutions) of personnel employed or preparing for employment

by the State agency or by the local agency administering the

plan in the political subdivision,

(B) 75 percent of so much of such expenditures (including

travel and per diem expenses) as are for the short-term

training of current or prospective foster or adoptive parents

and the members of the staff of State-licensed or

State-approved child care institutions providing care to foster

and adopted children receiving assistance under this part, in

ways that increase the ability of such current or prospective

parents, staff members, and institutions to provide support and

assistance to foster and adopted children, whether incurred

directly by the State or by contract,

planning, design, development, or installation of statewide

mechanized data collection and information retrieval 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 section 679(b)(2) of this title;

(ii) to the extent practicable, are capable of interfacing

with the State data collection system that collects

information relating to child abuse and neglect;

(iii) to the extent practicable, have the capability of

interfacing with, and retrieving information from, the State

data collection system that collects information relating to

the eligibility of individuals under part A of this

subchapter (for the purposes of facilitating verification of

eligibility of foster children); and

(iv) are determined by the Secretary to be likely to

provide more efficient, economical, and effective

administration of the programs carried out under a State plan

approved under part B of this subchapter or this part; and

(D) 50 percent of so much of such expenditures as are for the

operation of the statewide mechanized data collection and

information retrieval systems referred to in subparagraph (C);

and

(E) one-half of the remainder of such expenditures; 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, reduced 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 assessed against the

State under section 677(e) of this title during the fiscal year

in which the quarter occurs.

(b) Quarterly estimates of State's entitlement for next quarter;

payments; United States' pro rata share of amounts recovered as

overpayment; 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) of this section for such quarter, such estimates to

be based on (A) a report filed by the State containing its estimate

of the total sum to be expended in such quarter in accordance with

subsection (a) of this section, and stating the amount appropriated

or made available by the State and its political subdivisions for

such expenditures in such quarter, and if such amount is less than

the State's proportionate 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 during 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) of this section, 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 determine

the allowability of the claim.

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, subject 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.

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,

install, and operate data collection and information retrieval

systems described in subsection (a)(3)(C) of this section, without

regard to whether the systems may be used with respect to foster or

adoptive children other than those on behalf of whom foster care

maintenance payments or adoption assistance 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 quarter and for any subsequent quarter of such

fiscal year, until the State program is found, as a result of a

subsequent review under section 1320a-2a of this title, to have

implemented a corrective action plan with respect to such

violation, 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

the 3rd or subsequent such finding for the fiscal year with

respect to the State.

In imposing the penalties described in this paragraph, 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 violates paragraph (18) or (23) of

section 671(a) of this title during a fiscal year quarter with

respect to any person shall remit to the Secretary all funds that

were paid by the State to the entity 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 seeking 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 alleged violation occurred.

(4) This subsection shall not be construed to affect the

application of the Indian Child Welfare Act of 1978 [25 U.S.C. 1901

et seq.].

(e) Discretionary grants for educational and training vouchers for

youths aging out of foster care

From amounts appropriated pursuant to section 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 programs for the purposes described in

section 677(a)(6) of this title; or

(2) the amount, if any, allotted to the State under section

677(c)(3) of this title for the fiscal 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.

-SOURCE-

(Aug. 14, 1935, ch. 531, title IV, Sec. 474, as added Pub. L.

96-272, title I, Sec. 101(a)(1), June 17, 1980, 94 Stat. 506;

amended Pub. L. 96-611, Sec. 3, Dec. 28, 1980, 94 Stat. 3567; Pub.

L. 98-369, div. B, title VI, Sec. 2663(c)(18), July 18, 1984, 98

Stat. 1167; Pub. L. 98-617, Sec. 4(a), (b), Nov. 8, 1984, 98 Stat.

3296, 3297; Pub. L. 99-272, title XII, Secs. 12306(a), (b),

12307(c), Apr. 7, 1986, 100 Stat. 294, 296; Pub. L. 99-514, title

XVIII, Sec. 1883(b)(9), Oct. 22, 1986, 100 Stat. 2917; Pub. L.

100-203, title IX, Sec. 9132(a), Dec. 22, 1987, 101 Stat. 1330-313;

Pub. L. 101-239, title VIII, Secs. 8001(a), 8002(c), 8006(a), title

X, Secs. 10401(a), 10402(a), 10403(c)(1), Dec. 19, 1989, 103 Stat.

2452, 2453, 2461, 2487, 2488; Pub. L. 101-508, title V, Sec.

5071(a), Nov. 5, 1990, 104 Stat. 1388-233; Pub. L. 103-66, title

XIII, Sec. 13713(a)(1), (2), (b)(1), Aug. 10, 1993, 107 Stat. 656,

657; Pub. L. 103-432, title II, Secs. 207(a), (b), 210(a), Oct. 31,

1994, 108 Stat. 4457, 4460; Pub. L. 104-188, title I, Sec. 1808(b),

Aug. 20, 1996, 110 Stat. 1903; Pub. L. 105-89, title II, Sec.

202(b), Nov. 19, 1997, 111 Stat. 2125; Pub. L. 105-200, title III,

Sec. 301(b), (c), title IV, Sec. 410(g), July 16, 1998, 112 Stat.

658, 674; Pub. L. 106-169, title I, Sec. 101(c), Dec. 14, 1999, 113

Stat. 1828; Pub. L. 107-133, title II, Sec. 201(f), Jan. 17, 2002,

115 Stat. 2424.)

-REFTEXT-

REFERENCES IN TEXT

Parts A and B of this subchapter, referred to in subsec.

(a)(3)(C)(iii), (iv), are classified to sections 601 et seq. and

620 et seq., respectively, of this title.

The Indian Child Welfare Act of 1978, referred to in subsec.

(d)(4), is Pub. L. 95-608, Nov. 8, 1978, 92 Stat. 3069, as amended,

which is classified principally to chapter 21 (Sec. 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.

-MISC1-

AMENDMENTS

2002 - Subsec. (a)(4). Pub. L. 107-133, Sec. 201(f)(1), amended

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 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); 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 quarter occurs, reduced by

the total of the amounts payable to the State under this

paragraph for all prior quarters in the fiscal year."

Subsec. (e). Pub. L. 107-133, Sec. 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, Sec. 410(g), struck out

"(subject to the limitations imposed by subsection (b) of this

section)" after "this part" in introductory provisions.

Subsec. (d)(1), (2). Pub. L. 105-200, Sec. 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, Sec. 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 outside of the jurisdiction

with responsibility for handling the case of the child; or

"(2) failed to grant an opportunity for a fair hearing, as

described in section 671(a)(12) of this title, to an individual

whose allegation of a violation of paragraph (1) of this

subsection is denied by the State or not acted upon by the State

with reasonable promptness."

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, Sec. 207(a), (b)(2),

redesignated 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, Sec. 210(a), added par. (4).

Subsec. (c). Pub. L. 103-432, Sec. 207(a), (b)(2), redesignated

subsec. (e) as (c) and struck out former subsec. (c) which related

to reimbursement for expenditures.

Subsec. (d). Pub. L. 103-432, Sec. 207(b)(2), redesignated

subsec. (d) as (b).

Subsec. (d)(1). Pub. L. 103-432, Sec. 207(b)(1), substituted

"subsection (a) of this section for such quarter" for "subsections

(a), (b), and (c) of this section for such quarter" and "subsection

(a) of this section" for "the provisions of such subsections".

Subsec. (e). Pub. L. 103-432, Sec. 207(b)(2), redesignated

subsec. (e) as (c).

1993 - Subsec. (a)(3)(B). Pub. L. 103-66, Sec. 13713(a)(1)(A),

struck out "and" at end.

Subsec. (a)(3)(C). Pub. L. 103-66, Sec. 13713(b)(1), substituted

"50 percent" for "75 percent" in two places in introductory

provisions.

Pub. L. 103-66, Sec. 13713(a)(1)(C), added subpar. (C). Former

subpar. (C) redesignated (E).

Subsec. (a)(3)(D), (E). Pub. L. 103-66, Sec. 13713(a)(1)(B), (C),

added subpar. (D) and redesignated former subpar. (C) as (E).

Subsec. (e). Pub. L. 103-66, Sec. 13713(a)(2), added subsec. (e).

1990 - Subsec. (a)(3). Pub. L. 101-508 inserted "provision of

child placement services and for the" before "proper and

efficient".

1989 - Subsec. (a)(3)(B), (C). Pub. L. 101-239, Sec. 8006(a),

added subpar. (B) and redesignated former subpar. (B) as (C).

Subsec. (a)(4). Pub. L. 101-239, Sec. 8002(c), amended par. (4)

generally. Prior to amendment, par. (4) read as follows: "an amount

for transitional independent living programs as provided in section

677 of this title."

Subsec. (b)(1). Pub. L. 101-239, Sec. 10403(c)(1), amended Pub.

L. 98-617, Sec. 4(a)(1), see 1984 Amendment note below.

Pub. L. 101-239, Sec. 8001(a), substituted "through 1992" for

"through 1989".

Subsec. (b)(2)(A)(iv). Pub. L. 101-239, Sec. 10402(a), added cl.

(iv).

Subsec. (b)(2)(B). Pub. L. 101-239, Sec. 10403(c)(1), amended

Pub. L. 98-617, Sec. 4(a)(1), see 1984 Amendment note below.

Pub. L. 101-239, Sec. 8001(a), substituted "through 1992" for

"through 1989".

Subsec. (b)(4)(B). Pub. L. 101-239, Sec. 10403(c)(1), amended

Pub. L. 98-617, Sec. 4(a)(1), see 1984 Amendment note below.

Pub. L. 101-239, Sec. 8001(a), substituted "through 1992" for

"through 1989".

Subsec. (b)(5)(A). Pub. L. 101-239, Sec. 8001(a), substituted

"1992" for "1989" in introductory provisions and in cl. (ii).

Subsec. (c)(1), (2). Pub. L. 101-239, Sec. 8001(a), substituted

"through 1992" for "through 1989".

Subsec. (c)(4)(B), (C). Pub. L. 101-239, Sec. 10401(a),

substituted "$325,000,000" for "$266,000,000".

1987 - Subsec. (b)(1), (2)(A)(iii), (B), (4)(B). Pub. L. 100-203,

Sec. 9132(a)(1), substituted "through 1989" for "through 1987".

Subsec. (b)(5)(A). Pub. L. 100-203, Sec. 9132(a)(1), (2),

substituted "October 1, 1989" for "October 1, 1987" in introductory

provisions and "through 1989" for "through 1987" in cl. (ii).

Subsec. (c)(1), (2). Pub. L. 100-203, Sec. 9132(a)(3),

substituted "through 1989" for "through 1987".

1986 - Subsec. (a)(3). Pub. L. 99-272, Sec. 12307(c)(1),

substituted "; plus" for period at end.

Subsec. (a)(4). Pub. L. 99-514 realigned margins of par. (4).

Pub. L. 99-272, Sec. 12307(c)(2), added par. (4).

Subsec. (b)(1). Pub. L. 99-272, Sec. 12306(a)(1), substituted

"1987" for "1985".

Subsec. (b)(2)(A). Pub. L. 99-272, Sec. 12306(a)(2), substituted

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 fiscal years 1984 and 1985,

respectively, if the appropriation for each of those years is equal

to $266,000,000.

Subsec. (b)(2)(B), (4)(B). Pub. L. 99-272, Sec. 12306(a)(1),

substituted "1987" for "1985".

Subsec. (b)(5)(A). Pub. L. 99-272, Sec. 12306(a)(3), substituted

"October 1, 1987" for "October 1, 1985" in introductory provision,

and in cl. (ii) substituted "1984 through 1987" for "1984 and

1985".

Subsec. (c)(1), (2). Pub. L. 99-272, Sec. 12306(b), substituted

"1987" for "1985".

1984 - Subsec. (b)(1). Pub. L. 98-617, Sec. 4(a)(1)(A), formerly

Sec. 4(a)(1), as redesignated and amended by Pub. L. 101-239, Sec.

10403(c)(1), substituted "1985" for "1984" after "1981 through".

Subsec. (b)(2)(A)(v). Pub. L. 98-617, Sec. 4(a)(2), added cl.

(v).

Subsec. (b)(2)(B). Pub. L. 98-617, Sec. 4(a)(1)(B), formerly Sec.

4(a)(1), as redesignated and amended by Pub. L. 101-239, Sec.

10403(c)(1), substituted "1981 through 1985" for "1982 through

1984".

Subsec. (b)(4)(A). Pub. L. 98-369, Sec. 2663(c)(18)(A),

substituted "subparagraph (C)" for "subparagraph (c)".

Subsec. (b)(4)(B). Pub. L. 98-617, Sec. 4(a)(1)(A), formerly Sec.

4(a)(1), as redesignated and amended by Pub. L. 101-239, Sec.

10403(c)(1), substituted "1985" for "1984" after "1981 through".

Subsec. (b)(5)(A). Pub. L. 98-617, Sec. 4(a)(3)(A), substituted

"October 1, 1985" for "October 1, 1984".

Subsec. (b)(5)(A)(ii). Pub. L. 98-617, Sec. 4(a)(3)(B),

substituted "each of fiscal years 1984 and 1985" for "fiscal year

1984".

Subsec. (c)(1), (2). Pub. L. 98-617, Sec. 4(b), substituted

"1985" for "1984" after "1981 through".

Pub. L. 98-369, Sec. 2663(c)(18)(B), substituted "relevant" for

"relvant".

Subsec. (d)(1). Pub. L. 98-369, Sec. 2663(c)(18)(C), substituted

"and (C) such" for "and (c) such" and "Secretary may find" for

"secretary may find".

1980 - Subsec. (d). Pub. L. 96-611 added subsec. (d).

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 effective as

if included in the enactment of section 202 of 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

Section 207(c) of Pub. L. 103-432 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."

Section 210(b) of Pub. L. 103-432 provided that: "The amendment

made by subsection (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

Section 13713(a)(3) of Pub. L. 103-66 provided that: "The

amendments made by this subsection [amending this section] shall

take effect on October 1, 1993."

Section 13713(b)(2) of Pub. L. 103-66, as amended by Pub. L.

104-193, title V, Sec. 502, Aug. 22, 1996, 110 Stat. 2277, provided

that: "The amendment made by paragraph (1) [amending this section]

shall apply to expenditures during fiscal years beginning on or

after October 1, 1997."

EFFECTIVE DATE OF 1990 AMENDMENT

Section 5071(b) of Pub. L. 101-508 provided that: "The amendment

made by subsection (a) [amending this section] shall take effect on

the date of the enactment of this Act [Nov. 5, 1990]."

EFFECTIVE DATE OF 1989 AMENDMENT

Section 8001(b) of Pub. L. 101-239 provided that: "The amendments

made by subsection (a) [amending this section] shall take effect on

October 1, 1989."

Section 8002(e) of Pub. L. 101-239 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."

Section 8006(b) of Pub. L. 101-239, as amended by Pub. L. 103-66,

title XIII, Sec. 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 expenditures made on or

after October 1, 1993."

Amendment by section 10401(a) of Pub. L. 101-239 effective Oct.

1, 1989, see section 10401(b) of Pub. L. 101-239, set out as a note

under section 620 of this title.

Section 10402(b) of Pub. L. 101-239 provided that: "The

amendments made by subsection (a) [amending this section] shall

take effect on October 1, 1989."

Section 10403(c)(2) of Pub. L. 101-239 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 [enacted Nov. 8,

1974]."

EFFECTIVE DATE OF 1987 AMENDMENT

Section 9132(b) of Pub. L. 100-203 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 673, 673b, 677 of this

title; title 2 section 906.

-End-

-CITE-

42 USC Sec. 675 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 7 - SOCIAL SECURITY

SUBCHAPTER IV - GRANTS TO STATES FOR AID AND SERVICES TO NEEDY

FAMILIES WITH CHILDREN AND FOR CHILD-WELFARE

SERVICES

Part E - Federal Payments for Foster Care and Adoption Assistance

-HEAD-

Sec. 675. Definitions

-STATUTE-

As used in this part or part B of this subchapter:

(1) The term "case plan" means a written document which

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 appropriateness 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 determination made

with respect to the child in accordance with section 672(a)(1)

of this title.

(B) A plan for assuring that the child receives 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, including a

discussion of the appropriateness of the services that have

been provided to the child under the plan.

education records of the child, including -

(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) assurances that the child's placement in foster care

takes into account proximity to the school in which the child

is enrolled at the time of placement;

(v) a record of the child's immunizations;

(vi) the child's known medical problems;

(vii) the child's medications; and

(viii) any other relevant health and education information

concerning the child determined to be appropriate by the

State agency.

(D) Where appropriate, for a child age 16 or over, a written

description of the programs and services which will help such

child prepare for the transition from foster care to

independent living.

(E) In the case of a child with respect to whom the

permanency plan is adoption or placement in another permanent

home, documentation of the steps the agency is taking to find

an adoptive family or other permanent 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 arrangement, and to finalize the adoption or

legal guardianship. At a minimum, such documentation shall

include child specific recruitment efforts such as the use of

State, regional, and national adoption exchanges including

electronic exchange systems.

(2) The term "parents" means biological or adoptive parents or

legal guardians, as determined by applicable State law.

(3) The term "adoption assistance agreement" means a written

agreement, binding on the parties to the agreement, between the

State agency, other relevant agencies, and the prospective

adoptive parents of a minor child which at a minimum (A)

specifies the nature and amount of any payments, services, and

assistance to be provided under such agreement, and (B)

stipulates that the agreement shall remain in effect regardless

of the State of which the adoptive parents are residents at any

given time. The agreement shall contain provisions for the

protection (under an interstate compact approved by the Secretary

or otherwise) of the interests of the child in cases where the

adoptive parents and child move to another State while the

agreement is effective.

(4)(A) The term "foster care maintenance payments" means

payments to cover the cost of (and the cost of providing) food,

clothing, shelter, daily supervision, school supplies, a child's

personal incidentals, liability insurance with respect to a

child, and reasonable travel to the child's home for visitation.

In the case of institutional care, such term shall include the

reasonable costs of administration and operation of such

institution as are necessarily required to provide the items

described in the preceding sentence.

(B) In cases where -

(i) a child placed in a foster family home or child-care

institution is the parent of a son or daughter who is in the

same home or institution, and

(ii) payments described in subparagraph (A) are being made

under this part with respect to such child,

the foster care maintenance payments made with respect to such

child as otherwise determined under subparagraph (A) shall also

include such amounts as may be necessary to cover the cost of the

items described in that subparagraph with respect to such son or

daughter.

(5) The term "case review system" means a procedure for

assuring that -

(A) each child has a case plan designed to achieve placement

in a safe setting that is the least restrictive (most family

like) and most appropriate setting available and in close

proximity to the parents' home, consistent with the best

interest and special needs of the child, which -

(i) if the child has been placed in a foster family home or

child-care institution a substantial distance from the home

of the parents of the child, or in a State different from the

State in which such home is located, sets forth the reasons

why such placement is in the best interests of the child, and

(ii) if the child has been placed in foster care outside

the State in which the home of the parents of the child is

located, requires that, periodically, but not less frequently

than every 12 months, a caseworker on the staff of the State

agency of the State in which the home of the parents of the

child is located, or of the State in which the child has been

placed, visit such child in such home or institution and

submit a report on such visit to the State agency of the

State in which the home of the parents of the child is

located,

(B) the status of each child is reviewed periodically but no

less frequently than once every six months by either a court or

by administrative review (as defined in paragraph (6)) in order

to determine the safety of the child, the continuing necessity

for and appropriateness of the placement, the extent of

compliance with the case plan, and the extent of progress which

has been made toward alleviating or mitigating the causes

necessitating placement in foster care, and to project a likely

date by which the child may be returned to and safely

maintained in the home or placed for adoption or legal

guardianship,

will be applied, among other things, to assure each child in

foster care under the supervision of the State of a permanency

hearing to be held, in a family or juvenile court or another

court (including a tribal court) of competent jurisdiction, or

by an administrative body appointed or approved by the court,

no later than 12 months after the date the child is considered

to have entered foster care (as determined under subparagraph

(F)) (and not less frequently than every 12 months thereafter

during the continuation of foster care), which hearing shall

determine the permanency plan for the child that includes

whether, and if applicable when, the child will be returned to

the parent, placed for adoption and the State will file a

petition for termination of parental rights, or referred for

legal guardianship, or (in cases where the State agency has

documented to the State court a compelling reason for

determining that it would not be in the best interests of the

child to return home, be referred for termination of parental

rights, or be placed for adoption, with a fit and willing

relative, or with a legal guardian) placed in another planned

permanent living arrangement and, in the case of a child

described in subparagraph (A)(ii), whether the out-of-State

placement continues to be appropriate and in the best interests

of the child, and, in the case of a child who has attained age

16, the services needed to assist the child to make the

transition from foster care to independent living; and

procedural safeguards shall also be applied with respect to

parental rights pertaining to the removal of the child from the

home of his parents, to a change in the child's placement, and

to any determination affecting visitation privileges of

parents; (!1)

(D) a child's health and education record (as described in

paragraph (1)(A)) is reviewed and updated, and supplied to the

foster parent or foster care provider with whom the child is

placed, at the time of each placement of the child in foster

care; (!1)

(E) in the case of a child who has been in foster care under

the responsibility of the State for 15 of the most recent 22

months, or, if a court of competent jurisdiction has determined

a child to be an abandoned infant (as defined under State law)

or has made a determination that the parent has committed

murder of another child of the parent, committed voluntary

manslaughter of another child of the parent, aided or abetted,

attempted, conspired, or solicited to commit such a murder or

such a voluntary manslaughter, or committed a felony assault

that has resulted in serious bodily injury to the child or to

another child of the parent, the State shall file a petition to

terminate the parental rights of the child's parents (or, if

such a petition has been filed by another party, seek to be

joined as a party to the petition), and, concurrently, to

identify, recruit, process, and approve a qualified family for

an adoption, unless -

(i) at the option of the State, the child is being cared

for by a relative;

(ii) a State agency has documented in the case plan (which

shall be available for court review) a compelling reason for

determining that filing such a petition would not be in the

best interests of the child; or

(iii) the State has not provided to the family of the

child, consistent with the time period in the State case

plan, such services as the State deems necessary for the safe

return of the child to the child's home, if reasonable

efforts of the type described in section 671(a)(15)(B)(ii) of

this title are required to be made with respect to the child;

(!1)

(F) a child shall be considered to have entered foster care

on the earlier of -

(i) the date of the first judicial finding that the child

has been subjected to child abuse or neglect; or

(ii) the date that is 60 days after the date on which the

child is removed from the home; (!1) and

(G) the foster parents (if any) of a child and any

preadoptive parent or relative providing care for the child are

provided with notice of, and an opportunity to be heard in, any

review or hearing to be held with respect to the child, except

that this subparagraph shall not be construed to require that

any foster parent, preadoptive parent, or relative providing

care for the child be made a party to such a review or hearing

solely on the basis of such notice and opportunity to be heard.

(6) The term "administrative review" means a review open to the

participation of the parents of the child, conducted by a panel

of appropriate persons at least one of whom is not responsible

for the case management of, or the delivery of services to,

either the child or the parents who are the subject of the

review.

(7) The term "legal guardianship" means a judicially created

relationship between child and caretaker which is intended to be

permanent and self-sustaining as evidenced by the transfer to the

caretaker of the following parental rights with respect to the

child: protection, education, care and control of the person,

custody of the person, and decisionmaking. The term "legal

guardian" means the caretaker in such a relationship.

-SOURCE-

(Aug. 14, 1935, ch. 531, title IV, Sec. 475, as added and amended

Pub. L. 96-272, title I, Secs. 101(a)(1), 102(a)(4), June 17, 1980,

94 Stat. 510, 514; Pub. L. 99-272, title XII, Secs. 12305(b)(2),

12307(b), Apr. 7, 1986, 100 Stat. 293, 296; Pub. L. 99-514, title

XVII, Sec. 1711(c)(6), Oct. 22, 1986, 100 Stat. 2784; Pub. L.

100-203, title IX, Sec. 9133(a), Dec. 22, 1987, 101 Stat. 1330-314;

Pub. L. 100-647, title VIII, Sec. 8104(e), Nov. 10, 1988, 102 Stat.

3797; Pub. L. 101-239, title VIII, Sec. 8007(a), (b), Dec. 19,

1989, 103 Stat. 2462; Pub. L. 103-432, title II, Secs. 206(a), (b),

209(a), (b), 265(c), Oct. 31, 1994, 108 Stat. 4457, 4459, 4469;

Pub. L. 105-89, title I, Secs. 101(b), 102(2), 103(a), (b), 104,

107, title III, Sec. 302, Nov. 19, 1997, 111 Stat. 2117, 2118,

2120, 2121, 2128.)

-REFTEXT-

REFERENCES IN TEXT

Part B of this subchapter, referred to in text, is classified to

section 620 et seq. of this title.

-MISC1-

AMENDMENTS

1997 - Par. (1). Pub. L. 105-89, Sec. 107(1)(A), (B), struck out

"the case plan must also include" before "a written description" in

concluding provisions and redesignated those provisions as subpar.

(D) of par. (1).

Par. (1)(A). Pub. L. 105-89, Sec. 102(2)(A)(i), inserted "safety

and" before "appropriateness of the placement".

Par. (1)(B). Pub. L. 105-89, Sec. 102(2)(A)(ii), inserted "safe

and" after "child receives" and "safe" after "return of the child

to his own".

Par. (1)(D). Pub. L. 105-89, Sec. 107(1)(B), redesignated

concluding provisions of par. (1) as subpar. (D) of par. (1) and

realigned margins.

Par. (1)(E). Pub. L. 105-89, Sec. 107(2), added subpar. (E).

Par. (5)(A). Pub. L. 105-89, Sec. 102(2)(B)(i), inserted "a safe

setting that is" after "placement in" in introductory provisions.

Par. (5)(B). Pub. L. 105-89, Sec. 102(2)(B)(ii), inserted "the

safety of the child," after "determine" and "and safely maintained

in" before "the home or placed for adoption".

Par. (5)(C). Pub. L. 105-89, Sec. 302, substituted "permanency

hearing" for "dispositional hearing" and "no later than 12 months

after the date the child is considered to have entered foster care

(as determined under subparagraph (F))" for "no later than eighteen

months after the original placement", and which directed the

substitution of "permanency plan for the child that includes

whether, and if applicable when, the child will be returned to the

parent, placed for adoption and the State will file a petition for

termination of parental rights, or referred for legal guardianship,

or (in cases where the State agency has documented to the State

court a compelling reason for determining that it would not be in

the best interests of the child to return home, be referred for

termination of parental rights, or be placed for adoption, with a

fit and willing relative, or with a legal guardian) placed in

another planned permanent living arrangement" for "future status of

the child (including, but not limited to, whether the child should

be returned to the parent, should be continued in foster care for a

specified period, should be placed for adoption, or should (because

of the child's special needs or circumstances) be continued in

foster care on a permanent or long term basis)", was executed by

making the substitution for text which contained the words

"long-term" rather than "long term" to reflect the probable intent

of Congress.

Par. (5)(E). Pub. L. 105-89, Sec. 103(a), added subpar. (E).

Par. (5)(F). Pub. L. 105-89, Sec. 103(b), added subpar. (F).

Par. (5)(G). Pub. L. 105-89, Sec. 104, added subpar. (G).

Par. (7). Pub. L. 105-89, Sec. 101(b), added par. (7).

1994 - Par. (5)(A). Pub. L. 103-432, Sec. 209(a), inserted "which

- " after "needs of the child," and added cls. (i) and (ii).

Pub. L. 103-432, Sec. 206(a), inserted "and most appropriate"

after "(most family like)".

Par. (5)(C). Pub. L. 103-432, Sec. 209(b), inserted "and, in the

case of a child described in subparagraph (A)(ii), whether the

out-of-State placement continues to be appropriate and in the best

interests of the child," after "permanent or long-term basis)".

Pub. L. 103-432, Sec. 206(b), substituted "(and not less

frequently than every 12 months" for "(and periodically".

Par. (5)(D). Pub. L. 103-432, Sec. 265(c), realigned margins.

1989 - Par. (1). Pub. L. 101-239, Sec. 8007(a), inserted "(A)"

before "A description", substituted "section 672(a)(1) of this

title. (B) A plan" for "section 672(a)(1) of this title; and a

plan", realigned margins of subpars. (A) and (B), added subpar.

(C), and set the last sentence flush with the left margin of par.

(1).

Par. (5)(D). Pub. L. 101-239, Sec. 8007(b), added subpar. (D).

1988 - Par. (5)(C). Pub. L. 100-647 inserted "and, in the case of

a child who has attained age 16, the services needed to assist the

child to make the transition from foster care to independent

living" after "long-term basis)".

1987 - Par. (4). Pub. L. 100-203 designated existing provisions

as subpar. (A) and added subpar. (B).

1986 - Par. (1). Pub. L. 99-272, Sec. 12307(b), inserted at end

"Where appropriate, for a child age 16 or over, the case plan must

also include a written description of the programs and services

which will help such child prepare for the transition from foster

care to independent living."

Par. (3). Pub. L. 99-514 added cl. (A) and struck out former cl.

(A) which read as follows: "specifies the amounts of any adoption

assistance payments and any other services and assistance which are

to be provided as part of such agreement, and".

Pub. L. 99-272, Sec. 12305(b)(2), substituted in cl. (A) "any

adoption assistance payments and any other services and assistance"

for "the adoption assistance payments and any additional services

and assistance".

1980 - Par. (1). Pub. L. 96-272, Sec. 102(a)(4), inserted

reference to voluntary placement agreements.

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

Section 206(c) of Pub. L. 103-432 provided that: "The amendments

made by this section [amending this section] shall take effect on

October 1, 1995."

Section 209(d) of Pub. L. 103-432 provided that: "The amendments

made by this section [amending this section and section 679 of this

title] shall be effective with respect to fiscal years beginning on

or after October 1, 1995."

Amendment by section 265(c) of Pub. L. 103-432 effective as if

included in the provision of Pub. L. 101-239 to which the amendment

relates, at the time the provision became law, see section 265(d)

of Pub. L. 103-432, set out as a note under section 673 of this

title.

EFFECTIVE DATE OF 1989 AMENDMENT

Section 8007(c) of Pub. L. 101-239 provided that: "The amendments

made by subsections (a) and (b) [amending this section] shall take

effect on April 1, 1990."

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-647 effective Oct. 1, 1988, see section

8104(g)(1) of Pub. L. 100-647, set out as a note under section 677

of this title.

EFFECTIVE DATE OF 1987 AMENDMENT

Amendment by Pub. L. 100-203 effective Apr. 1, 1988, see section

9133(c) of Pub. L. 100-203, set out as a note under section 672 of

this title.

EFFECTIVE DATE OF 1986 AMENDMENTS

Amendment by Pub. L. 99-514 applicable only with respect to

expenditures made after Dec. 31, 1986, see section 1711(d) of Pub.

L. 99-514, set out as a note under section 670 of this title.

Amendment by section 12305(b)(2) of Pub. L. 99-272 applicable to

medical assistance furnished in or after the first calendar quarter

beginning more than 90 days after Apr. 7, 1986, see section

12305(c) of Pub. L. 99-272, set out as a note under section 673 of

this title.

EFFECTIVE DATE OF 1980 AMENDMENT

Section 101(a)(4)(A) of Pub. L. 96-272 provided that: "Clause (B)

of the first sentence of section 475(3) of the Social Security Act

[par. (3)(B) of this section] (as added by subsection (a) of this

section) shall be effective with respect to adoption assistance

agreements entered into on or after October 1, 1983."

Amendment by section 102(a)(4) of Pub. L. 96-272 effective only

with respect to expenditures made after Sept. 30, 1979, see section

102(c) of Pub. L. 96-272, as amended, set out as a note under

section 672 of this title.

CONSTRUCTION

Section 103(d) of Pub. L. 105-89 provided that: "Nothing in this

section [amending this section and enacting provisions set out as a

note below] or in part E of title IV of the Social Security Act (42

U.S.C. 670 et seq.), as amended by this Act, shall be construed as

precluding State courts or State agencies from initiating the

termination of parental rights for reasons other than, or for

timelines earlier than, those specified in part E of title IV of

such Act, when such actions are determined to be in the best

interests of the child, including cases where the child has

experienced multiple foster care placements of varying durations."

TRANSITION RULES; NEW AND CURRENT FOSTER CHILDREN

Section 103(c) of Pub. L. 105-89 provided that:

"(1) New foster children. - In the case of a child who enters

foster care (within the meaning of section 475(5)(F) of the Social

Security Act [par. (5)(F) of this section]) under the

responsibility of a State after the date of the enactment of this

Act [Nov. 19, 1997] -

"(A) if the State comes into compliance with the amendments

made by subsection (a) of this section [amending this section]

before the child has been in such foster care for 15 of the most

recent 22 months, the State shall comply with section 475(5)(E)

of the Social Security Act [par. (5)(E) of this section] with

respect to the child when the child has been in such foster care

for 15 of the most recent 22 months; and

"(B) if the State comes into such compliance after the child

has been in such foster care for 15 of the most recent 22 months,

the State shall comply with such section 475(5)(E) with respect

to the child not later than 3 months after the end of the first

regular session of the State legislature that begins after such

date of enactment.

"(2) Current foster children. - In the case of children in foster

care under the responsibility of the State on the date of the

enactment of this Act, the State shall -

"(A) not later than 6 months after the end of the first regular

session of the State legislature that begins after such date of

enactment, comply with section 475(5)(E) of the Social Security

Act with respect to not less than 1/3 of such children as the

State shall select, giving priority to children for whom the

permanency plan (within the meaning of part E of title IV of the

Social Security Act [this part]) is adoption and children who

have been in foster care for the greatest length of time;

"(B) not later than 12 months after the end of such first

regular session, comply with such section 475(5)(E) with respect

to not less than 2/3 of such children as the State shall

select; and

"(C) not later than 18 months after the end of such first

regular session, comply with such section 475(5)(E) with respect

to all of such children.

"(3) Treatment of 2-year legislative sessions. - For purposes of

this subsection, in the case of a State that has a 2-year

legislative session, each year of the session is deemed to be a

separate regular session of the State legislature.

"(4) Requirements treated as state plan requirements. - For

purposes of part E of title IV of the Social Security Act, the

requirements of this subsection shall be treated as State plan

requirements imposed by section 471(a) of such Act [section 671(a)

of this title]."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 603, 622, 625, 626, 629a,

671, 672, 673, 677, 5633 of this title.

-FOOTNOTE-

(!1) So in original. The semicolon probably should be a comma.

-End-

-CITE-

42 USC Sec. 676 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 7 - SOCIAL SECURITY

SUBCHAPTER IV - GRANTS TO STATES FOR AID AND SERVICES TO NEEDY

FAMILIES WITH CHILDREN AND FOR CHILD-WELFARE

SERVICES

Part E - Federal Payments for Foster Care and Adoption Assistance

-HEAD-

Sec. 676. Administration

-STATUTE-

(a) Technical assistance to States

The Secretary may provide technical assistance to the States to

assist them to develop the programs authorized under this part and

shall periodically (1) evaluate the programs authorized under this

part and part B of this subchapter and (2) collect and publish data

pertaining to the incidence and characteristics of foster care and

adoptions in this country.

(b) Data collection and evaluation

Each State shall submit statistical reports as the Secretary may

require with respect to children for whom payments are made under

this part containing information with respect to such children

including legal status, demographic characteristics, location, and

length of any stay in foster care.

-SOURCE-

(Aug. 14, 1935, ch. 531, title IV, Sec. 476, as added Pub. L.

96-272, title I, Sec. 101(a)(1), June 17, 1980, 94 Stat. 511.)

-REFTEXT-

REFERENCES IN TEXT

Part B of this subchapter, referred to in subsec. (a), is

classified to section 620 et seq. of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 625 of this title.

-End-

-CITE-

42 USC Sec. 677 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 7 - SOCIAL SECURITY

SUBCHAPTER IV - GRANTS TO STATES FOR AID AND SERVICES TO NEEDY

FAMILIES WITH CHILDREN AND FOR CHILD-WELFARE

SERVICES

Part E - Federal Payments for Foster Care and Adoption Assistance

-HEAD-

Sec. 677. John H. Chafee Foster Care Independence Program

-STATUTE-

(a) Purpose

The purpose of this section is to provide States with flexible

funding that will enable programs to be designed and conducted -

(1) to identify children who are likely to remain in foster

care until 18 years of age and to help these children make the

transition to self-sufficiency by providing services such as

assistance in obtaining a high school diploma, career

exploration, vocational training, job placement and retention,

training in daily living skills, training in budgeting and

financial management skills, substance abuse prevention, and

preventive health activities (including smoking avoidance,

nutrition education, and pregnancy prevention);

(2) to help children who are likely to remain in foster care

until 18 years of age receive the education, training, and

services necessary to obtain employment;

(3) to help children who are likely to remain in foster care

until 18 years of age prepare for and enter postsecondary

training and education institutions;

(4) to provide personal and emotional support to children aging

out of foster care, through mentors and the promotion of

interactions with dedicated adults;

(5) to provide financial, housing, counseling, employment,

education, and other appropriate support and services to former

foster care recipients between 18 and 21 years of age to

complement their own efforts to achieve self-sufficiency and to

assure that program participants recognize and accept their

personal responsibility for preparing for and then making the

transition from adolescence to adulthood; and

(6) to make available vouchers for education and training,

including postsecondary training and education, to youths who

have aged out of foster care.

(b) Applications

(1) In general

A State may apply for funds from its allotment under subsection

by submitting to the Secretary, in writing, a plan that meets the

requirements of paragraph (2) and the certifications required by

paragraph (3) with respect to the plan.

(2) State plan

A plan meets the requirements of this paragraph if the plan

specifies which State agency or agencies will administer,

supervise, or oversee the programs carried out under the plan,

and describes how the State intends to do the following:

(A) Design and deliver programs to achieve the purposes of

this section.

(B) Ensure that all political subdivisions in the State are

served by the program, though not necessarily in a uniform

manner.

and at various stages of achieving independence.

(D) Involve the public and private sectors in helping

adolescents in foster care achieve independence.

(E) Use objective criteria for determining eligibility for

benefits and services under the programs, and for ensuring fair

and equitable treatment of benefit recipients.

(F) Cooperate in national evaluations of the effects of the

programs in achieving the purposes of this section.

(3) Certifications

The certifications required by this paragraph with respect to a

plan are the following:

(A) A certification by the chief executive officer of the

State that the State will provide assistance and services to

children who have left foster care because they have attained

18 years of age, and who have not attained 21 years of age.

(B) A certification by the chief executive officer of the

State that not more than 30 percent of the amounts paid to the

State from its allotment under subsection (c) of this section

for a fiscal year will be expended for room or board for

children who have left foster care because they have attained

18 years of age, and who have not attained 21 years of age.

State that none of the amounts paid to the State from its

allotment under subsection (c) of this section will be expended

for room or board for any child who has not attained 18 years

of age.

(D) A certification by the chief executive officer of the

State that the State will use training funds provided under the

program of Federal payments for foster care and adoption

assistance to provide training to help foster parents, adoptive

parents, workers in group homes, and case managers understand

and address the issues confronting adolescents preparing for

independent living, and will, to the extent possible,

coordinate such training with the independent living program

conducted for adolescents.

(E) A certification by the chief executive officer of the

State that the State has consulted widely with public and

private organizations in developing the plan and that the State

has given all interested members of the public at least 30 days

to submit comments on the plan.

(F) A certification by the chief executive officer of the

State that the State will make every effort to coordinate the

State programs receiving funds provided from an allotment made

to the State under subsection (c) of this section with other

Federal and State programs for youth (especially transitional

living youth projects funded under part B of title III of the

Juvenile Justice and Delinquency Prevention Act of 1974 [42

U.S.C. 5714-1 et seq.]), abstinence education programs, local

housing programs, programs for disabled youth (especially

sheltered workshops), and school-to-work programs offered by

high schools or local workforce agencies.

(G) A certification by the chief executive officer of the

State that each Indian tribe in the State has been consulted

about the programs to be carried out under the plan; that there

have been efforts to coordinate the programs with such tribes;

and that benefits and services under the programs will be made

available to Indian children in the State on the same basis as

to other children in the State.

(H) A certification by the chief executive officer of the

State that the State will ensure that adolescents participating

in the program under this section participate directly in

designing their own program activities that prepare them for

independent living and that the adolescents accept personal

responsibility for living up to their part of the program.

(I) A certification by the chief executive officer of the

State that the State has established and will enforce standards

and procedures to prevent fraud and abuse in the programs

carried out under the plan.

(J) A certification by the chief executive officer of the

State that the State educational and training voucher program

under this section is in compliance with the conditions

specified in subsection (i) of this section, including a

statement describing methods the State will use -

(i) to ensure that the total amount of educational

assistance to a youth under this section and under other

Federal and Federally supported programs does not exceed the

limitation specified in subsection (i)(5) of this section;

and

(ii) to avoid duplication of benefits under this and any

other Federal or Federally assisted benefit program.

(4) Approval

The Secretary shall approve an application submitted by a State

pursuant to paragraph (1) for a period if -

(A) the application is submitted on or before June 30 of the

calendar year in which such period begins; and

(B) the Secretary finds that the application contains the

material required by paragraph (1).

(5) Authority to implement certain amendments; notification

A State with an application approved under paragraph (4) may

implement any amendment to the plan contained in the application

if the application, incorporating the amendment, would be

approvable under paragraph (4). Within 30 days after a State

implements any such amendment, the State shall notify the

Secretary of the amendment.

(6) Availability

The State shall make available to the public any application

submitted by the State pursuant to paragraph (1), and a brief

summary of the plan contained in the application.

(1) General program allotment

From the amount specified in subsection (h)(1) of this section

that remains after applying subsection (g)(2) of this section for

a fiscal year, the Secretary shall allot to each State with an

application approved under subsection (b) of this section for the

fiscal year the amount which bears the ratio to such remaining

amount equal to the State foster care ratio, as adjusted in

accordance with paragraph (2).

(2) Hold harmless provision

(A) In general

The Secretary shall allot to each State whose allotment for a

fiscal year under paragraph (1) is less than the greater of

$500,000 or the amount payable to the State under this section

for fiscal year 1998, an additional amount equal to the

difference between such allotment and such greater amount.

(B) Ratable reduction of certain allotments

In the case of a State not described in subparagraph (A) of

this paragraph for a fiscal year, the Secretary shall reduce

the amount allotted to the State for the fiscal year under

paragraph (1) by the amount that bears the same ratio to the

sum of the differences determined under subparagraph (A) of

this paragraph for the fiscal year as the excess of the amount

so allotted over the greater of $500,000 or the amount payable

to the State under this section for fiscal year 1998 bears to

the sum of such excess amounts determined for all such States.

(3) Voucher program allotment

From the amount, if any, appropriated pursuant to subsection

(h)(2) of this section for a fiscal year, the Secretary may allot

to each State with an application approved under subsection (b)

of this section for the fiscal year an amount equal to the State

foster care ratio multiplied by the amount so specified.

(4) State foster care ratio

In this subsection, the term "State foster care ratio" means

the ratio of the number of children in foster care under a

program of the State in the most recent fiscal year for which the

information is available to the total number of children in

foster care in all States for the most recent fiscal year.

(d) Use of funds

(1) In general

A State to which an amount is paid from its allotment under

subsection (c) of this section may use the amount in any manner

that is reasonably calculated to accomplish the purposes of this

section.

(2) No supplantation of other funds available for same general

purposes

The amounts paid to a State from its allotment under subsection

any other funds which are available for the same general purposes

in the State.

(3) Two-year availability of funds

Payments made to a State under this section for a fiscal year

shall be expended by the State in the fiscal year or in the

succeeding fiscal year.

(4) Reallocation of unused funds

If a State does not apply for funds under this section for a

fiscal year within such time as may be provided by the Secretary,

the funds to which the State would be entitled for the fiscal

year shall be reallocated to 1 or more other States on the basis

of their relative need for additional payments under this

section, as determined by the Secretary.

(e) Penalties

(1) Use of grant in violation of this part

If the Secretary is made aware, by an audit conducted under

chapter 75 of title 31 or by any other means, that a program

receiving funds from an allotment made to a State under

subsection (c) of this section has been operated in a manner that

is inconsistent with, or not disclosed in the State application

approved under subsection (b) of this section, the Secretary

shall assess a penalty against the State in an amount equal to

not less than 1 percent and not more than 5 percent of the amount

of the allotment.

(2) Failure to comply with data reporting requirement

The Secretary shall assess a penalty against a State that fails

during a fiscal year to comply with an information collection

plan implemented under subsection (f) of this section in an

amount equal to not less than 1 percent and not more than 5

percent of the amount allotted to the State for the fiscal year.

(3) Penalties based on degree of noncompliance

The Secretary shall assess penalties under this subsection

based on the degree of noncompliance.

(f) Data collection and performance measurement

(1) In general

The Secretary, in consultation with State and local public

officials responsible for administering independent living and

other child welfare programs, child welfare advocates, Members of

Congress, youth service providers, and researchers, shall -

(A) develop outcome measures (including measures of

educational attainment, high school diploma, employment,

avoidance of dependency, homelessness, nonmarital childbirth,

incarceration, and high-risk behaviors) that can be used to

assess the performance of States in operating independent

living programs;

(B) identify data elements needed to track -

(i) the number and characteristics of children receiving

services under this section;

(ii) the type and quantity of services being provided; and

(iii) State performance on the outcome measures; and

information beginning with the second fiscal year beginning

after December 14, 1999.

(2) Report to the Congress

Within 12 months after December 14, 1999, the Secretary shall

submit to the Committee on Ways and Means of the House of

Representatives and the Committee on Finance of the Senate a

report detailing the plans and timetable for collecting from the

States the information described in paragraph (1) and a proposal

to impose penalties consistent with paragraph (e)(2) on States

that do not report data.

(g) Evaluations

(1) In general

The Secretary shall conduct evaluations of such State programs

funded under this section as the Secretary deems to be innovative

or of potential national significance. The evaluation of any such

program shall include information on the effects of the program

on education, employment, and personal development. To the

maximum extent practicable, the evaluations shall be based on

rigorous scientific standards including random assignment to

treatment and control groups. The Secretary is encouraged to work

directly with State and local governments to design methods for

conducting the evaluations, directly or by grant, contract, or

cooperative agreement.

(2) Funding of evaluations

The Secretary shall reserve 1.5 percent of the amount specified

in subsection (h) of this section for a fiscal year to carry out,

during the fiscal year, evaluation, technical assistance,

performance measurement, and data collection activities related

to this section, directly or through grants, contracts, or

cooperative agreements with appropriate entities.

(h) Limitations on authorization of appropriations

To carry out this section and for payments to States under

section 674(a)(4) of this title, there are authorized to be

appropriated to the Secretary for each fiscal year -

(1) $140,000,000, which shall be available for all purposes

under this section; and

(2) an additional $60,000,000, which are authorized to be

available for payments to States for education and training

vouchers for youths who age out of foster care, to assist the

youths to develop skills necessary to lead independent and

productive lives.

(i) Educational and training vouchers

The following conditions shall apply to a State educational and

training voucher program under this section:

(1) Vouchers under the program may be available to youths

otherwise eligible for services under the State program under

this section.

(2) For purposes of the voucher program, youths adopted from

foster care after attaining age 16 may be considered to be youths

otherwise eligible for services under the State program under

this section.

(3) The State may allow youths participating in the voucher

program on the date they attain 21 years of age to remain

eligible until they attain 23 years of age, as long as they are

enrolled in a postsecondary education or training program and are

making satisfactory progress toward completion of that program.

(4) The voucher or vouchers provided for an individual under

this section -

(A) may be available for the cost of attendance at an

institution of higher education, as defined in section 1002 of

title 20; and

(B) shall not exceed the lesser of $5,000 per year or the

total cost of attendance, as defined in section 1087ll of title

20.

(5) The amount of a voucher under this section may be

disregarded for purposes of determining the recipient's

eligibility for, or the amount of, any other Federal or Federally

supported assistance, except that the total amount of educational

assistance to a youth under this section and under other Federal

and Federally supported programs shall not exceed the total cost

of attendance, as defined in section 1087ll of title 20, and

except that the State agency shall take appropriate steps to

prevent duplication of benefits under this and other Federal or

Federally supported programs.

(6) The program is coordinated with other appropriate education

and training programs.

-SOURCE-

(Aug. 14, 1935, ch. 531, title IV, Sec. 477, as added Pub. L.

99-272, title XII, Sec. 12307(a), Apr. 7, 1986, 100 Stat. 294;

amended Pub. L. 100-647, title VIII, Sec. 8104(a)-(d), (f), Nov.

10, 1988, 102 Stat. 3796, 3797; Pub. L. 101-239, title VIII, Sec.

8002(a), (b), Dec. 19, 1989, 103 Stat. 2452; Pub. L. 101-508, title

V, Sec. 5073(a), Nov. 5, 1990, 104 Stat. 1388-233; Pub. L. 103-66,

title XIII, Sec. 13714(a), Aug. 10, 1993, 107 Stat. 657; Pub. L.

105-89, title III, Sec. 304, Nov. 19, 1997, 111 Stat. 2130; Pub. L.

106-169, title I, Sec. 101(b), Dec. 14, 1999, 113 Stat. 1824; Pub.

L. 107-133, title II, Secs. 201(a)-(e), 202(a), Jan. 17, 2002, 115

Stat. 2422, 2423, 2425.)

-REFTEXT-

REFERENCES IN TEXT

The Juvenile Justice and Delinquency Prevention Act of 1974,

referred to in subsec. (b)(3)(F), is Pub. L. 93-415, Sept. 7, 1974,

88 Stat. 1109, as amended. Part B of title III of the Act is

classified generally to Part B (Sec. 5714-1 et seq.) of subchapter

III of chapter 72 of this title. For complete classification of

this Act to the Code, see Short Title note under section 5601 of

this title and Tables.

-COD-

CODIFICATION

December 14, 1999, referred to in subsec. (f), was in the

original "the date of the enactment of this section" which was

translated as meaning the date of enactment of Pub. L. 106-169,

which amended this section generally, to reflect the probable

intent of Congress.

-MISC1-

AMENDMENTS

2002 - Subsec. (a)(6). Pub. L. 107-133, Sec. 201(a), added par.

(6).

Subsec. (b)(3)(J). Pub. L. 107-133, Sec. 201(c), added subpar.

(J).

Subsec. (c)(1). Pub. L. 107-133, Sec. 201(e)(1), in heading

substituted "General program allotment" for "In general" and in

text substituted "From the amount specified in subsection (h)(1)"

for "From the amount specified in subsection (h)", "which bears the

ratio" for "which bears the same ratio", and "equal to the State

foster care ratio, as adjusted in accordance with paragraph (2)."

for "as the number of children in foster care under a program of

the State in the most recent fiscal year for which such information

is available bears to the total number of children in foster care

in all States for such most recent fiscal year, as adjusted in

accordance with paragraph (2)."

Subsec. (c)(3), (4). Pub. L. 107-133, Sec. 201(e)(2), added pars.

(3) and (4).

Subsec. (d)(4). Pub. L. 107-133, Sec. 202(a), added par. (4).

Subsec. (h). Pub. L. 107-133, Sec. 201(d), substituted "there are

authorized to be appropriated to the Secretary for each fiscal year

- " and pars. (1) and (2) for "there are authorized to be

appropriated to the Secretary $140,000,000 for each fiscal year."

Subsec. (i). Pub. L. 107-133, Sec. 201(b), added subsec. (i).

1999 - Pub. L. 106-169 amended section generally, substituting

present provisions for provisions which had authorized payments to

States and localities for establishment of programs designed to

assist children who have attained age 16 in making transition from

foster care to independent living, and set forth provisions

relating to administration of programs, assurances, types of

programs, amounts of entitlement, and provisions requiring annual

report and promulgation of regulations.

1997 - Subsec. (a)(2)(A). Pub. L. 105-89 inserted before comma at

end "(including children with respect to whom such payments are no

longer being made because the child has accumulated assets, not to

exceed $5,000, which are otherwise regarded as resources for

purposes of determining eligibility for benefits under this part)".

1993 - Subsec. (a)(1). Pub. L. 103-66, Sec. 13714(a)(1), struck

out at end "Such payments shall be made only for the fiscal years

1987 through 1992."

Subsec. (c). Pub. L. 103-66, Sec. 13714(a)(2), substituted "any

succeeding fiscal year" for "any of the fiscal years 1988 through

1992".

Subsec. (e)(1)(A). Pub. L. 103-66, Sec. 13714(a)(3), substituted

"fiscal year 1987 and any succeeding fiscal year" for "each of the

fiscal years 1987 through 1992".

Subsec. (e)(1)(B). Pub. L. 103-66, Sec. 13714(a)(4), substituted

"fiscal year 1991 and any succeeding fiscal year" for "fiscal years

1991 and 1992".

Subsec. (e)(1)(C)(ii)(II). Pub. L. 103-66, Sec. 13714(a)(5),

substituted "any succeeding fiscal year" for "fiscal year 1992".

1990 - Subsec. (a)(2)(C). Pub. L. 101-508 inserted "who has not

attained age 21" after "also include any child" and struck out

before semicolon ", but such child may not be so included after the

end of the 6-month period beginning on the date of discontinuance

of such payments or care".

1989 - Subsec. (a)(1). Pub. L. 101-239, Sec. 8002(a)(1),

substituted "through 1992" for ", 1988, and 1989".

Subsec. (c). Pub. L. 101-239, Sec. 8002(a)(2), substituted "any

of the fiscal years 1988 through 1992" for "the fiscal year 1988 or

1989".

Subsec. (e)(1). Pub. L. 101-239, Sec. 8002(b)(1), (2), (4), (5),

designated existing provisions as subpar. (A), substituted "The

basic amount" for "The amount" and "the basic ceiling for such

fiscal year" for "$45,000,000", and added subpars. (B) and (C).

Pub. L. 101-239, Sec. 8002(b)(3), which directed amendment of

subpar. (A) by substituting "1989, 1990, 1991, and 1992" for "and

1989" could not be executed because the words "and 1989" did not

appear after execution of amendment by Pub. L. 101-239, Sec.

8002(a)(1), see below.

Pub. L. 101-239, Sec. 8002(a)(1), substituted "through 1992" for

", 1988, and 1989".

1988 - Subsec. (a). Pub. L. 100-647, Sec. 8104(a)(1), substituted

"1987, 1988, and 1989" for "1987 and 1988".

Subsec. (a)(1). Pub. L. 100-647, Sec. 8104(c), designated

existing provisions as par. (1), substituted "children described in

paragraph (2) who have attained age 16" for "children, with respect

to whom foster care maintenance payments are being made by the

State under this part and who have attained age 16," and added par.

(2).

Subsec. (a)(2)(C). Pub. L. 100-647, Sec. 8104(d), added subpar.

(C).

Subsec. (c). Pub. L. 100-647, Sec. 8104(a)(2), substituted "for

the fiscal year 1988 or 1989, such description and assurances must

be submitted prior to February 1 of such fiscal year" for "for

fiscal year 1988, such description and assurances must be submitted

prior to January 1, 1988".

Subsec. (e)(1). Pub. L. 100-647, Sec. 8104(a)(1), substituted

"1987, 1988, and 1989" for "1987 and 1988".

Subsec. (e)(3). Pub. L. 100-647, Sec. 8104(f), inserted at end

"Amounts payable under this section may not be used for the

provision of room or board."

Subsec. (f). Pub. L. 100-647, Sec. 8104(b), inserted at end

"Notwithstanding paragraph (3), payments made to a State under this

section for the fiscal year 1987 and unobligated may be expended by

such State in the fiscal year 1989."

Subsec. (g)(1). Pub. L. 100-647, Sec. 8104(a)(3), (4),

substituted "Not later than the first January 1 following the end

of each fiscal year, each State shall submit to the Secretary a

report on the programs carried out during such fiscal year" for

"Not later than March 1, 1988, each State shall submit to the

Secretary a report on the programs carried out".

Subsec. (g)(2). Pub. L. 100-647, Sec. 8104(a)(5), (6),

substituted:

"(A) Not later than July 1, 1988, the Secretary shall submit an

interim report on the activities carried out under this section.

"(B) Not later than March 1, 1989,"

for "Not later than July 1, 1988," and substituted "fiscal years

1987 and 1988" for "fiscal year 1987" in subpar. (B).

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 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 1993 AMENDMENT

Section 13714(b) of Pub. L. 103-66 provided that: "The amendments

made by subsection (a) [amending this section] shall apply to

activities engaged in, on, or after October 1, 1992."

EFFECTIVE DATE OF 1990 AMENDMENT

Section 5073(b) of Pub. L. 101-508 provided that: "The amendments

made by subsection (a) [amending this section] shall apply to

payments made under part E of title IV of the Social Security Act

[part E of this subchapter] for fiscal years beginning in or after

fiscal year 1991."

EFFECTIVE DATE OF 1989 AMENDMENT

Amendment by Pub. L. 101-239 effective Oct. 1, 1989, see section

8002(e) of Pub. L. 101-239, set out as a note under section 674 of

this title.

EFFECTIVE DATE OF 1988 AMENDMENT

Section 8104(g) of Pub. L. 100-647 provided that:

"(1) The amendments made by subsections (a), (b), and (e)

[amending this section and section 675 of this title] shall take

effect on October 1, 1988.

"(2) The amendments made by subsections (c), (d), and (f)

[amending this section] shall take effect on the date of the

enactment of this Act [Nov. 10, 1988]."

REGULATIONS

Pub. L. 106-169, title I, Sec. 101(d), Dec. 14, 1999, 113 Stat.

1828, provided that: "Not later than 12 months after the date of

the enactment of this Act [Dec. 14, 1999], the Secretary of Health

and Human Services shall issue such regulations as may be necessary

to carry out the amendments made by this section [amending this

section and section 674 of this title]."

TEMPORARY EXTENSION OF AVAILABILITY OF INDEPENDENT LIVING FUNDS

Pub. L. 107-133, title II, Sec. 202(b), Jan. 17, 2002, 115 Stat.

2425, provided that: "Notwithstanding section 477(d)(3) of the

Social Security Act [subsec. (d)(3) of this section], payments made

to a State under section 477 of such Act for fiscal year 2000 shall

remain available for expenditure by the State through fiscal year

2002."

FINDINGS

Pub. L. 106-169, title I, Sec. 101(a), Dec. 14, 1999, 113 Stat.

1823, provided that: "The Congress finds the following:

"(1) States are required to make reasonable efforts to find

adoptive families for all children, including older children, for

whom reunification with their biological family is not in the

best interests of the child. However, some older children will

continue to live in foster care. These children should be

enrolled in an Independent Living program designed and conducted

by State and local government to help prepare them for

employment, postsecondary education, and successful management of

adult responsibilities.

"(2) Older children who continue to be in foster care as

adolescents may become eligible for Independent Living programs.

These Independent Living programs are not an alternative to

adoption for these children. Enrollment in Independent Living

programs can occur concurrent with continued efforts to locate

and achieve placement in adoptive families for older children in

foster care.

"(3) About 20,000 adolescents leave the Nation's foster care

system each year because they have reached 18 years of age and

are expected to support themselves.

"(4) Congress has received extensive information that

adolescents leaving foster care have significant difficulty

making a successful transition to adulthood; this information

shows that children aging out of foster care show high rates of

homelessness, non-marital childbearing, poverty, and delinquent

or criminal behavior; they are also frequently the target of

crime and physical assaults.

"(5) The Nation's State and local governments, with financial

support from the Federal Government, should offer an extensive

program of education, training, employment, and financial support

for young adults leaving foster care, with participation in such

program beginning several years before high school graduation and

continuing, as needed, until the young adults emancipated from

foster care establish independence or reach 21 years of age."

STUDY AND REPORT EVALUATING EFFECTIVENESS OF PROGRAMS

Section 8002(d) of Pub. L. 101-239 provided that:

"(1) Study. - The Secretary of Health and Human Services shall

study the programs authorized under section 477 of the Social

Security Act [this section] for the purposes of evaluating the

effectiveness of the programs. The study shall include a comparison

of outcomes of children who participated in the programs and a

comparable group of children who did not participate in the

programs.

"(2) Report. - Upon completion of the study, the Secretary shall

issue a report to the Committee on Finance of the Senate and the

Committee on Ways and Means of the House of Representatives."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 674 of this title.

-End-

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Enviado por:	El remitente no desea revelar su nombre
Idioma:	inglés
País:	Estados Unidos

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Codificación normativa de EEUU (Estados Unidos)Legislación federal estadounidense # The Public Health and Welfare

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