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NOTES:


Source

(Aug. 14, 1935, ch. 531, title IV, § 473, as added and amended Pub. L. 96–272, title I, §§ 101(a)(1), 102 (a)(3), June 17, 1980, 94 Stat. 504, 514; Pub. L. 99–272, title XII, § 12305(a), (b)(1), Apr. 7, 1986, 100 Stat. 293; Pub. L. 99–514, title XVII, § 1711(a), (b), (c)(3)–(5), Oct. 22, 1986, 100 Stat. 2783, 2784; Pub. L. 99–603, title II, § 201(b)(2)(B), Nov. 6, 1986, 100 Stat. 3403; Pub. L. 100–203, title IX, §§ 9133(b)(3), (4), 9139 (b), Dec. 22, 1987, 101 Stat. 1330–314, 1330–321; Pub. L. 103–432, title II, §§ 265(b), 266 (a), Oct. 31, 1994, 108 Stat. 4469; Pub. L. 104–193, title I, § 108(d)(5), (6), Aug. 22, 1996, 110 Stat. 2167; Pub. L. 105–33, title V, § 5513(b)(3), (4), Aug. 5, 1997, 111 Stat. 620; Pub. L. 105–89, title III, § 307(a), Nov. 19, 1997, 111 Stat. 2133.)

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.

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, § 5513(b)(3), substituted “July 16, 1996” for “June 1, 1995” wherever appearing.
Subsec. (b)(1). Pub. L. 105–33, § 5513(b)(4), substituted “July 16, 1996” for “June 1, 1995”.
1996—Subsec. (a)(2)(A)(i). Pub. L. 104–193, § 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, § 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, § 108(d)(5)(C), inserted “(as in effect on June 1, 1995)” after “606(a) of this title”.
Subsec. (b). Pub. L. 104–193, § 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, § 266(a), substituted “section 674 (a)(3)(E) of this title” for “section 674 (a)(3)(C) of this title”.
Pub. L. 103–432, § 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, § 9139(b), made technical amendment to Pub. L. 99–603. See 1986 Amendment note below.
Subsec. (a)(2)(A)(iii). Pub. L. 100–203, § 9133(b)(3)(A), added cl. (iii).
Subsec. (a)(2)(B)(iii). Pub. L. 100–203, § 9133(b)(3)(B), inserted “or (A)(iii)” after “(A)(ii)”.
Subsec. (b). Pub. L. 100–203, § 9133(b)(4), inserted sentence at end.
1986—Subsec. (a)(2). Pub. L. 99–603, as amended Pub. L. 100–203, § 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, § 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, § 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, § 1711(a)(1), redesignated par. (3) as (4). Former par. (4) redesignated (5).
Subsec. (a)(5). Pub. L. 99–514, § 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, § 1711(b), added par. (6).
Subsec. (b). Pub. L. 99–272, § 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, § 1711(c)(5), substituted “subsection (a)(2)” for “subsection (a)(1)”.
Subsec. (c)(2). Pub. L. 99–272, § 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, § 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.


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