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NOTES:


Source

(Aug. 14, 1935, ch. 531, title IV, § 471, as added Pub. L. 96–272, title I, § 101(a)(1), June 17, 1980, 94 Stat. 501; amended Pub. L. 97–35, title XXIII, § 2353(r), Aug. 13, 1981, 95 Stat. 874; Pub. L. 97–248, title I, § 160(d), Sept. 3, 1982, 96 Stat. 400; Pub. L. 98–378, § 11(c), Aug. 16, 1984, 98 Stat. 1318; Pub. L. 99–514, title XVII, § 1711(c)(2), Oct. 22, 1986, 100 Stat. 2784; Pub. L. 100–485, title II, § 202(c)(1), Oct. 13, 1988, 102 Stat. 2378; Pub. L. 101–508, title V, § 5054(b), Nov. 5, 1990, 104 Stat. 1388–229; Pub. L. 103–66, title XIII, § 13711(b)(4), Aug. 10, 1993, 107 Stat. 655; Pub. L. 103–432, title II, § 203(b), Oct. 31, 1994, 108 Stat. 4456; Pub. L. 104–188, title I, § 1808(a), Aug. 20, 1996, 110 Stat. 1903; Pub. L. 104–193, title I, § 108(d)(2), title V, § 505, Aug. 22, 1996, 110 Stat. 2166, 2278; Pub. L. 105–33, title V, § 5591(b), Aug. 5, 1997, 111 Stat. 643; Pub. L. 105–89, title I, §§ 101(a), 106, title III, §§ 306, 308, Nov. 19, 1997, 111 Stat. 2116, 2120, 2132, 2133; Pub. L. 105–200, title III, § 301(a), July 16, 1998, 112 Stat. 658; Pub. L. 106–169, title I, § 112(a), title IV, § 401(o), Dec. 14, 1999, 113 Stat. 1829, 1859; Pub. L. 109–171, title VII, § 7401(c), Feb. 8, 2006, 120 Stat. 150; Pub. L. 109–239, §§ 3, 4 (a)(1), 10, July 3, 2006, 120 Stat. 508, 513; Pub. L. 109–248, title I, § 152(a), (b), July 27, 2006, 120 Stat. 608, 609; Pub. L. 109–432, div. B, title IV, § 405(c)(1)(B)(i), Dec. 20, 2006, 120 Stat. 2999.)

Amendment of Subsection (a)(20)

Pub. L. 109–248, title I, § 152(b), (c)(2), July 27, 2006, 120 Stat. 609, provided that, effective Oct. 1, 2008, and applicable with respect to payments under this part for calendar quarters beginning on or after Oct. 1, 2008, subsection (a)(20) of this section is amended: (1) in subparagraph (A), by striking “unless an election provided for in subparagraph (B) is made with respect to the State,” in introductory provisions; and (2) by striking subparagraph (B) and redesignating subparagraph (C) as subparagraph (B).

References in Text

Parts A, B, and D of this subchapter, referred to in subsecs. (a)(2), (4), (8)–(10), (13), (17), (27) and (c), are classified to sections 601 et seq., 620 et seq., and 651 et seq., respectively, of this title.
Section 534 (e)(3)(A) of title 28, referred to in subsec. (a)(20)(A), was redesignated section 534 (f)(3)(A) of title 28 by Pub. L. 109–248, title I, § 153(i), July 27, 2006, 120 Stat. 611.

Amendments

2006—Subsec. (a)(8). Pub. L. 109–171, § 7401(c)(1), inserted “subject to subsection (c),” after “(8)”.
Subsec. (a)(15)(C). Pub. L. 109–239, § 10(a), inserted “(including, if appropriate, through an interstate placement)” after “accordance with the permanency plan”.
Subsec. (a)(15)(E)(i). Pub. L. 109–239, § 10(b), inserted “, which considers in-State and out-of-State permanent placement options for the child,” before “shall”.
Subsec. (a)(15)(F). Pub. L. 109–239, § 10(c), inserted “, including identifying appropriate in-State and out-of-State placements” before “may”.
Subsec. (a)(20)(A). Pub. L. 109–248, § 152(a)(1)(A)(i), which directed amendment of subpar. (A) by inserting “, including fingerprint-based checks of national crime information databases (as defined in section 534 (e)(3)(A) of title 28),” after “criminal records checks” and substituting “regardless of whether foster care maintenance payments or adoption assistance payments are to be made on behalf of the child” for “on whose behalf foster care maintenance payments or adoption assistance payments are to be made” in the matter preceding “clause (I)”, was executed by making the insertion and substitution in the introductory provisions preceding cl. (i), to reflect the probable intent of Congress.
Subsec. (a)(20)(A)(i), (ii). Pub. L. 109–248, § 152(a)(1)(A)(ii), inserted “involving a child on whose behalf such payments are to be so made” after “in any case”.
Subsec. (a)(20)(B). Pub. L. 109–248, § 152(a)(2), inserted “, on or before September 30, 2005,” after “plan if” and “, on or before such date,” after “or if”.
Subsec. (a)(20)(C). Pub. L. 109–248, § 152(a)(1)(B), added subpar. (C).
Subsec. (a)(25). Pub. L. 109–239, § 3, added par. (25).
Subsec. (a)(26). Pub. L. 109–239, § 4(a)(1), added par. (26).
Subsec. (a)(27). Pub. L. 109–432 added par. (27).
Subsec. (c). Pub. L. 109–171, § 7401(c)(2), added subsec. (c).
1999—Subsec. (a)(8). Pub. L. 106–169, § 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, § 112(a), added par. (24).
1998—Subsec. (a)(23). Pub. L. 105–200 added par. (23).
1997—Subsec. (a)(15). Pub. L. 105–89, § 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, § 5591(b)(1), struck out “and” at end.
Subsec. (a)(18). Pub. L. 105–33, § 5591(b)(3), redesignated par. (18), relating to preference to adult relatives, as (19).
Pub. L. 105–33, § 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, § 5591(b)(3), redesignated par. (18), relating to preference to adult relatives, as (19).
Subsec. (a)(20). Pub. L. 105–89, § 106, added par. (20).
Subsec. (a)(21). Pub. L. 105–89, § 306, added par. (21).
Subsec. (a)(22). Pub. L. 105–89, § 308, added par. (22).
1996—Subsec. (a)(17). Pub. L. 104–193, § 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, § 505(3), added par. (18) relating to preference to adult relatives.
Pub. L. 104–188, § 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, § 5054(b)(2), added cl. (E).
Subsec. (a)(9). Pub. L. 101–508, § 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, § 2353(r), generally. See 1981 Amendment note below.
1981—Subsec. (a)(10). Pub. L. 97–35, § 2353(r), as amended by Pub. L. 97–248, § 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 2006 Amendment

Pub. L. 109–432, div. B, title IV, § 405(c)(1)(B)(iii), Dec. 20, 2006, 120 Stat. 2999, provided that: “The amendments made by this subparagraph [amending this section and section 1320a–2a of this title] shall take effect on the date that is 6 months after the date of the enactment of this Act [Dec. 20, 2006].”
Pub. L. 109–248, title I, § 152(c), July 27, 2006, 120 Stat. 609, provided that:
“(1) General.—The amendments made by subsection (a) [amending this section] shall take effect on October 1, 2006, and shall apply with respect to payments under part E of title IV of the Social Security Act [this part] for calendar quarters beginning on or after such date, without regard to whether regulations to implement the amendments are promulgated by such date.
“(2) Elimination of opt-out.—The amendments made by subsection (b) [amending this section] shall take effect on October 1, 2008, and shall apply with respect to payments under part E of title IV of the Social Security Act for calendar quarters beginning on or after such date, without regard to whether regulations to implement the amendments are promulgated by such date.
“(3) Delay permitted if state legislation required.—If the Secretary of Health and Human Services determines that State legislation (other than legislation appropriating funds) is required in order for a State plan under section 471 of the Social Security Act [this section] to meet the additional requirements imposed by the amendments made by a subsection of this section, the plan shall not be regarded as failing to meet any of the additional requirements before the first day of the first calendar quarter beginning after the first regular session of the State legislature that begins after the otherwise applicable effective date of the amendments. If the State has a 2-year legislative session, each year of the session is deemed to be a separate regular session of the State legislature.”
Amendment by Pub. L. 109–239 effective Oct. 1, 2006, except as otherwise provided, and applicable to payments under this part and part B of this subchapter for calendar quarters beginning on or after Oct. 1, 2006, without regard to whether regulations have been promulgated by Oct. 1, 2006, and with delay permitted if State legislation is required, see section 14 of Pub. L. 109–239, set out as a note under section 622 of this title.
Amendment by Pub. L. 109–171 effective as if enacted on Oct. 1, 2005, except as otherwise provided, see section 7701 of Pub. L. 109–171, set out as a note under section 603 of this title.

Effective Date of 1999 Amendment

Pub. L. 106–169, title I, § 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, § 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.”


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