6 Children Removed From Home Of Foster Parent
Mark Hild Faces 2 Counts Of Sexual Assault Of A Child
POSTED: 3:56 pm CST March 3, 2010
UPDATED: 5:11 pm CST March 3, 2010
OMAHA, Neb. --
A licensed foster care parent and youth group director has been jailed on suspicion of sexually assaulting two children.
Mark Hild, 43, went before a judge Wednesday and agreed to allow his case to go straight to trial. He has been charged with two counts of first-degree sexual assault of a child.
Investigators said Hild assaulted an 11- and 13-year-old girl between September and November 2009. They said he knew the girls. Hild is accused of assaulting each girl several times.
Hild works for UPS and is a member of First Christian Church near 66th and Dodge streets. Until Wednesday, he was the church's youth director.
Pastor Rene Jensen didn’t want to go on camera, but instead released a statement.
"We grieve deeply for the Hild family in this extraordinarily difficult time and hold them in our prayers. At this time we have no reason to believe there are victims within the church, but are working with a team of professionals from Project Harmony to care for our youth and their families, whose well-being is our paramount concern."
Hild's parents were in court Wednesday. They said they just don't believe the claims.
But the two young girls are getting counseling, and investigators are wondering if more people will come forward with claims of abuse.
Marty Bilek
"These investigations are always tough," said Chief Douglas County Sheriff's Deputy Marty Bilek. "These types of adults will look for places where they can go, events to get involved with that involve young children, exposure to young children, and contemplate next victim."
KETV NewsWatch 7 has learned Hild and his wife have been foster parents since 2002, and just recently started the adoption process.
Health and Human Services said it has halted that process. Six children have been removed from the couple's home.
http://www.ketv.com/news/22731788/detail.html
Isabella Brooke Knightly and Austin Gamez-Knightly
In Memory of my Loving Husband, William F. Knightly Jr. Murdered by ILLEGAL Palliative Care at a Nashua, NH Hospital
Wednesday, March 3, 2010
MANSLAUGHTER TRIAL Co-Worker Testifies At DCF Employee's Manslaughter Trial
MANSLAUGHTER TRIAL
Co-Worker Testifies At DCF Employee's Manslaughter Trial
By CHRISTINE DEMPSEY
The Hartford Courant
March 3, 2010
Suzanne Listro was "embarrassed and ashamed" after her foster baby died in 2008 and didn't want to talk to some of her own family members about it, a child welfare investigator testified Tuesday during Listro's manslaughter trial.
Michael Pitruzzello's statements came on the third day of testimony at Superior Court in Rockville. Like Pitruzzello, Listro was an employee of the state Department of Children and Families at the time of 7-month-old Michael Brown Jr.'s death. The death prompted a series of changes at the child protection agency; Listro had been accused of abusing her adopted 3-year-old child twice before Michael died.
Tuesday afternoon, Pitruzzello testified that he received a call about the death of a child at 10:45 p.m. on May 19, 2008. When he arrived at Hartford Hospital, he said, he found a distraught Listro, "slumped over." He asked her about the status of her 3-year-old son, and she said the boy was with her sister in Massachusetts. She said she had other relatives, but "she felt embarrassed and ashamed and didn't want to talk to them at that time," he testified.
She told Pitruzzello that sometime after 7 p.m., after she had changed the baby's diaper on her bed in her Mansfield home, she "heard a thud," and heard Michael crying, he testified.
She picked him up, but he stopped crying and went limp, she told him. She tried to resuscitate him, and called 911, Pitruzzello testified.
The state, however, concluded that Michael's death was not an accident. His fatal injuries were consistent with the baby's having been shaken, Dr. Paul Kanev testified Monday.
The baby's biological father, Michael Brown Sr., and half-brother, Marco Rivera, also testified Tuesday. They said during cross-examination by one of Listro's lawyers, Hubert Santos, that the baby was capable of rolling over.
Brown Sr. also described the events that caused him and the baby's mother to lose custody of Michael less than two weeks before he died. He said he and the mother, Angelica Burgos, left the baby with a neighbor to get high, returning two days later.
He also described the last day he saw the baby, during a DCF-supervised visit. Michael had a cold and looked "underweight," Brown said, but he was cheerful.
"We fed him and played with him," he said. "I held him in my arms."
Copyright © 2010, The Hartford Courant
http://www.courant.com/news/connecticut/hc-briefsbox12mar03,0,7088545.story
Co-Worker Testifies At DCF Employee's Manslaughter Trial
By CHRISTINE DEMPSEY
The Hartford Courant
March 3, 2010
Suzanne Listro was "embarrassed and ashamed" after her foster baby died in 2008 and didn't want to talk to some of her own family members about it, a child welfare investigator testified Tuesday during Listro's manslaughter trial.
Michael Pitruzzello's statements came on the third day of testimony at Superior Court in Rockville. Like Pitruzzello, Listro was an employee of the state Department of Children and Families at the time of 7-month-old Michael Brown Jr.'s death. The death prompted a series of changes at the child protection agency; Listro had been accused of abusing her adopted 3-year-old child twice before Michael died.
Tuesday afternoon, Pitruzzello testified that he received a call about the death of a child at 10:45 p.m. on May 19, 2008. When he arrived at Hartford Hospital, he said, he found a distraught Listro, "slumped over." He asked her about the status of her 3-year-old son, and she said the boy was with her sister in Massachusetts. She said she had other relatives, but "she felt embarrassed and ashamed and didn't want to talk to them at that time," he testified.
She told Pitruzzello that sometime after 7 p.m., after she had changed the baby's diaper on her bed in her Mansfield home, she "heard a thud," and heard Michael crying, he testified.
She picked him up, but he stopped crying and went limp, she told him. She tried to resuscitate him, and called 911, Pitruzzello testified.
The state, however, concluded that Michael's death was not an accident. His fatal injuries were consistent with the baby's having been shaken, Dr. Paul Kanev testified Monday.
The baby's biological father, Michael Brown Sr., and half-brother, Marco Rivera, also testified Tuesday. They said during cross-examination by one of Listro's lawyers, Hubert Santos, that the baby was capable of rolling over.
Brown Sr. also described the events that caused him and the baby's mother to lose custody of Michael less than two weeks before he died. He said he and the mother, Angelica Burgos, left the baby with a neighbor to get high, returning two days later.
He also described the last day he saw the baby, during a DCF-supervised visit. Michael had a cold and looked "underweight," Brown said, but he was cheerful.
"We fed him and played with him," he said. "I held him in my arms."
Copyright © 2010, The Hartford Courant
http://www.courant.com/news/connecticut/hc-briefsbox12mar03,0,7088545.story
Definition of Due Process- (Someone tell the judges)
Definition of Due Process - (Someone tell the judges)
From the Family Rights Association
"The essential elements of due process of law are notice, an opportunity to be heard, and the right to defend in an orderly proceeding." Fiehe v. R.E. Householder Co., 125 So. 2, 7 (Fla. 1929).
"To dispense with notice before taking property is likened to obtaining judgement without the defendant having ever been summoned." Mayor of Baltimore vs. Scharf, 54 Md. 499, 519 (1880).
"An orderly proceeding wherein a person is served with notice, actual or constructive, and has an opportunity to be heard and to enforce and protect his rights before a court having power to hear and determine the case. Kazubowski v. Kazubowski, 45 Ill.2d 405, 259, N.E.2d 282, 290." Black's Law Dictionary, 6th Edition, page 500.
"Due Process of law implies and comprehends the administration of laws equally applicable to all under established rules which do not violate fundamental principles of private rights, and in a competent tribunal possessing jurisdiction of the cause and proceeding upon justice. It is founded upon the basic principle that every man shall have his day in court, and the benefit of the general law which proceeds only upon notice and which hears and considers before judgement is rendered." State v. Green, 232 S.W.2d 897, 903 (Mo. 1950).
"Phrase means that no person shall be deprived of life, liberty, property or of any right granted him by statute, unless matter involved first shall have been adjudicated against him upon trial conducted according to established rules regulating judicial proceedings, and it forbids condemnation without a hearing, Pettit v. Penn., La.App., 180 So.2d 66, 69." Black's Law Dictionary, 6th Edition, page 500.
"Due Process of law implies the right of the person affected thereby to be present before the tribunal which pronounces judgement upon the question of life, liberty, or property, in its most comprehensive sense; to be heard, by testimony or otherwise, and to have the right of controverting, by proof, every material fact which bears on the question of right in the matter involved. If any question of fact or liability be conclusively presumed against him, this is not due process of law." Black's Law Dictionary, 6th Edition, page 500.
"Aside from all else, 'due process' means fundamental fairness and substantial justice. Vaughn v. State, 3 Tenn.Crim.App. 54, 456 S.W.2d 879, 883." Black's Law Dictionary, 6th Edition, page 500.
Due process is best defined in one word--fairness. Throughout the U.S.'s history, its constitutions, statutes and case law have provided standards for fair treatment of citizens by federal, state and local governments. These standards are known as due process. When a person is treated unfairly by the government, including the courts, he is said to have been deprived of or denied due process.
Example: Ezra and Sharon married in New York and had a son, Darwin. They divorced and Sharon moved to California; Darwin stayed with Ezra. Darwin later moved to California to live with Sharon; Sharon sued Ezra for child support in California. Ezra claimed that because he didn't live in California and had never been to California it would be unfair (a denial of due process) for him to defend the child support lawsuit in California. The U.S. Supreme Court agreed, saying that Sharon should bring her child support request in New York. Kulko v. Superior Court, 436 U.S. 84 (1978).
From the U.S. Constitution
Amendment V
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
Amendment XIV.
Section. 1. All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
Section. 2. Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State.
Section. 3. No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.
Section. 4. The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void.
Section. 5. The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.
From the Georgia Constitution
Article 1. Bill of Rights
Section I. Rights of Persons
Paragraph I. Life, liberty, and property.
No person shall be deprived of life, liberty, or property except by due process of law.
Paragraph II. Protection to person and property; equal protection. Protection to person and property is the paramount duty of government and shall be impartial and complete. No person shall be denied the equal protection of the laws.
http://www.familyrightsassociation.com/bin/definition_due_process_.htm
From the Family Rights Association
"The essential elements of due process of law are notice, an opportunity to be heard, and the right to defend in an orderly proceeding." Fiehe v. R.E. Householder Co., 125 So. 2, 7 (Fla. 1929).
"To dispense with notice before taking property is likened to obtaining judgement without the defendant having ever been summoned." Mayor of Baltimore vs. Scharf, 54 Md. 499, 519 (1880).
"An orderly proceeding wherein a person is served with notice, actual or constructive, and has an opportunity to be heard and to enforce and protect his rights before a court having power to hear and determine the case. Kazubowski v. Kazubowski, 45 Ill.2d 405, 259, N.E.2d 282, 290." Black's Law Dictionary, 6th Edition, page 500.
"Due Process of law implies and comprehends the administration of laws equally applicable to all under established rules which do not violate fundamental principles of private rights, and in a competent tribunal possessing jurisdiction of the cause and proceeding upon justice. It is founded upon the basic principle that every man shall have his day in court, and the benefit of the general law which proceeds only upon notice and which hears and considers before judgement is rendered." State v. Green, 232 S.W.2d 897, 903 (Mo. 1950).
"Phrase means that no person shall be deprived of life, liberty, property or of any right granted him by statute, unless matter involved first shall have been adjudicated against him upon trial conducted according to established rules regulating judicial proceedings, and it forbids condemnation without a hearing, Pettit v. Penn., La.App., 180 So.2d 66, 69." Black's Law Dictionary, 6th Edition, page 500.
"Due Process of law implies the right of the person affected thereby to be present before the tribunal which pronounces judgement upon the question of life, liberty, or property, in its most comprehensive sense; to be heard, by testimony or otherwise, and to have the right of controverting, by proof, every material fact which bears on the question of right in the matter involved. If any question of fact or liability be conclusively presumed against him, this is not due process of law." Black's Law Dictionary, 6th Edition, page 500.
"Aside from all else, 'due process' means fundamental fairness and substantial justice. Vaughn v. State, 3 Tenn.Crim.App. 54, 456 S.W.2d 879, 883." Black's Law Dictionary, 6th Edition, page 500.
Due process is best defined in one word--fairness. Throughout the U.S.'s history, its constitutions, statutes and case law have provided standards for fair treatment of citizens by federal, state and local governments. These standards are known as due process. When a person is treated unfairly by the government, including the courts, he is said to have been deprived of or denied due process.
Example: Ezra and Sharon married in New York and had a son, Darwin. They divorced and Sharon moved to California; Darwin stayed with Ezra. Darwin later moved to California to live with Sharon; Sharon sued Ezra for child support in California. Ezra claimed that because he didn't live in California and had never been to California it would be unfair (a denial of due process) for him to defend the child support lawsuit in California. The U.S. Supreme Court agreed, saying that Sharon should bring her child support request in New York. Kulko v. Superior Court, 436 U.S. 84 (1978).
From the U.S. Constitution
Amendment V
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
Amendment XIV.
Section. 1. All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
Section. 2. Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State.
Section. 3. No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.
Section. 4. The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void.
Section. 5. The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.
From the Georgia Constitution
Article 1. Bill of Rights
Section I. Rights of Persons
Paragraph I. Life, liberty, and property.
No person shall be deprived of life, liberty, or property except by due process of law.
Paragraph II. Protection to person and property; equal protection. Protection to person and property is the paramount duty of government and shall be impartial and complete. No person shall be denied the equal protection of the laws.
http://www.familyrightsassociation.com/bin/definition_due_process_.htm
TIMELY INTERSTATE HOME STUDY INCENTIVE PAYMENTS
TIMELY INTERSTATE HOME STUDY INCENTIVE PAYMENTS
Sec. 473B.[276]. [42 U.S.C. 673c note] (a) Grant Authority.—The Secretary shall make a grant to each State that is a home study incentive-eligible State for a fiscal year in an amount equal to the timely interstate home study incentive payment payable to the State under this section for the fiscal year, which shall be payable in the immediately succeeding fiscal year.
(b) Home Study Incentive–Eligible State.—A State is a home study incentive-eligible State for a fiscal year if—
(1) the State has a plan approved under this part for the fiscal year;
(2) the State is in compliance with subsection (c) for the fiscal year; and
(3) based on data submitted and verified pursuant to subsection (c), the State has completed a timely interstate home study during the fiscal year.
(c) Data Requirements.—
(1) In general.—A State is in compliance with this subsection for a fiscal year if the State has provided to the Secretary a written report, covering the preceding fiscal year, that specifies—
(A) the total number of interstate home studies requested by the State with respect to children in foster care under the responsibility of the State, and with respect to each such study, the identity of the other State involved;
(B) the total number of timely interstate home studies completed by the State with respect to children in foster care under the responsibility of other States, and with respect to each such study, the identity of the other State involved; and
(C) such other information as the Secretary may require in order to determine whether the State is a home study incentive-eligible State.
(2) Verification of data.—In determining the number of timely interstate home studies to be attributed to a State under this section, the Secretary shall check the data provided by the State under paragraph (1) against complementary data so provided by other States.
(d) Timely Interstate Home Study Incentive Payments.—
(1) In general.—The timely interstate home study incentive payment payable to a State for a fiscal year shall be $1,500, multiplied by the number of timely interstate home studies attributed to the State under this section during the fiscal year, subject to paragraph (2).
(2) Pro rata adjustment if insufficient funds available.—If the total amount of timely interstate home study incentive payments otherwise payable under this section for a fiscal year exceeds the total of the amounts made available pursuant to subsection (h) for the fiscal year (reduced (but not below zero) by the total of the amounts (if any) payable under paragraph (3) of this subsection with respect to the preceding fiscal year), the amount of each such otherwise payable incentive payment shall be reduced by a percentage equal to—
(A) the total of the amounts so made available (as so reduced); divided by
(B) the total of such otherwise payable incentive payments.
(3) Appropriations available for unpaid incentive payments for prior fiscal years.—
(A) In general.—If payments under this section are reduced under paragraph (2) or subparagraph (B) of this paragraph for a fiscal year, then, before making any other payment under this section for the next fiscal year, the Secretary shall pay each State whose payment was so reduced an amount equal to the total amount of the reductions which applied to the State, subject to subparagraph (B) of this paragraph.
(B) Pro rata adjustment if insufficient funds available.—If the total amount of payments otherwise payable under subparagraph (A) of this paragraph for a fiscal year exceeds the total of the amounts made available pursuant to subsection (h) for the fiscal year, the amount of each such payment shall be reduced by a percentage equal to—
(i) the total of the amounts so made available; divided by
(ii) the total of such otherwise payable payments.
(e) Two-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 next 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 or E. 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 423, 434, and 474.
(g) Definitions.—In this section:
(1) Home study.—The term “home study” means an evaluation of a home environment conducted in accordance with applicable requirements of the State in which the home is located, to determine whether a proposed placement of a child would meet the individual needs of the child, including the child’s safety, permanency, health, well-being, and mental, emotional, and physical development.
(2) Interstate home study.—The term “interstate home study” means a home study conducted by a State at the request of another State, to facilitate an adoptive or foster placement in the State of a child in foster care under the responsibility of the State.
(3) Timely interstate home study.—The term “timely interstate home study” means an interstate home study completed by a State if the State provides to the State that requested the study, within 30 days after receipt of the request, a report on the results of the study. The preceding sentence shall not be construed to require the State to have completed, within the 30-day period, the parts of the home study involving the education and training of the prospective foster or adoptive parents.
(h) Limitations on Authorization of Appropriations.—
(1) In general.—For payments under this section, there are authorized to be appropriated to the Secretary—
(A) $10,000,000 for fiscal year 2007;
(B) $10,000,000 for fiscal year 2008;
(C) $10,000,000 for fiscal year 2009; and
(D) $10,000,000 for fiscal year 2010.
(2) Availability.—Amounts appropriated under paragraph (1) are authorized to remain available until expended.
[276] P.L. 109-239, §4(b), added this section, effective October 1, 2006. P.L. 109-239, §4(c) provides that “Effective October 1, 2010, section 473B of the Social Security Act is repealed.”
Reasons Bill Initiated
Many children in foster care were waiting several years for permanent placement.
The focus on “reasonable efforts” to reunify children with their families had led to some placement decisions that were not in the best interests of the child and not adequately focused on child safety.
In order to move children into permanent homes in a more timely manner, States needed stricter guidelines for placement and reunification of children within their families.
Objectives/Goals
To promote permanency for children in foster care.
To ensure safety for abused and neglected children.
To accelerate permanent placements of children.
To increase accountability of the child welfare system.
Services Provided/Measures Taken
Reauthorized the Family Preservation and Support Services Program
Renamed it the Safe and Stable Families Program.
Extended categories of services to include time-limited reunification services and adoption promotion and support services.
Ensured safety for abused and neglected children:
Ensured health and safety concerns are addressed when a State determines placement for abused and neglected children.
Required HHS to report on the scope of substance abuse in the child welfare population, and the outcomes of services provided to that population.
Added “safety of the child” to every step of the case plan and review process.
Required criminal record checks for foster/adoptive parents who receive Federal funds on behalf of a child, unless a State opted out.
Accelerated permanent placement:
Required States to initiate court proceedings to free a child for adoption once that child had been waiting in foster care for at least 15 of the most recent 22 months, unless there is an exception.
Allowed children to be freed for adoption more quickly in extreme cases.
Promoted adoptions:
Rewarded States that increased adoptions with incentive funds.
Required States to use “reasonable efforts” to move eligible foster care children towards permanent placements.
Promoted adoptions of all special needs children and ensured health coverage for adopted special needs children.
Prohibited States from delaying/denying placements of children based on the geographic location of the prospective adoptive families.
Required States to document and report child-specific adoption efforts.
Increased accountability:
Required HHS to establish new outcome measures to monitor and improve State performance.
Required States to document child-specific efforts to move children into adoptive homes.
Clarified “Reasonable Efforts:”
Emphasized children’s health and safety.
Required States to specify situations when services to prevent foster placement and reunification of families are not required.
Implemented shorter time limits for making decisions about permanent placements:
Permanency hearings to be held no later than 12 months after entering foster care.
States must initiate termination of parental rights proceedings after the child has been in foster care 15 of the previous 22 months, except if not in the best interest of the child, or if the child is in the care of a relative.
http://protectingourchildrenfrombeingsold.wordpress.com/about/title-iv-funding/
Sec. 473B.[276]. [42 U.S.C. 673c note] (a) Grant Authority.—The Secretary shall make a grant to each State that is a home study incentive-eligible State for a fiscal year in an amount equal to the timely interstate home study incentive payment payable to the State under this section for the fiscal year, which shall be payable in the immediately succeeding fiscal year.
(b) Home Study Incentive–Eligible State.—A State is a home study incentive-eligible State for a fiscal year if—
(1) the State has a plan approved under this part for the fiscal year;
(2) the State is in compliance with subsection (c) for the fiscal year; and
(3) based on data submitted and verified pursuant to subsection (c), the State has completed a timely interstate home study during the fiscal year.
(c) Data Requirements.—
(1) In general.—A State is in compliance with this subsection for a fiscal year if the State has provided to the Secretary a written report, covering the preceding fiscal year, that specifies—
(A) the total number of interstate home studies requested by the State with respect to children in foster care under the responsibility of the State, and with respect to each such study, the identity of the other State involved;
(B) the total number of timely interstate home studies completed by the State with respect to children in foster care under the responsibility of other States, and with respect to each such study, the identity of the other State involved; and
(C) such other information as the Secretary may require in order to determine whether the State is a home study incentive-eligible State.
(2) Verification of data.—In determining the number of timely interstate home studies to be attributed to a State under this section, the Secretary shall check the data provided by the State under paragraph (1) against complementary data so provided by other States.
(d) Timely Interstate Home Study Incentive Payments.—
(1) In general.—The timely interstate home study incentive payment payable to a State for a fiscal year shall be $1,500, multiplied by the number of timely interstate home studies attributed to the State under this section during the fiscal year, subject to paragraph (2).
(2) Pro rata adjustment if insufficient funds available.—If the total amount of timely interstate home study incentive payments otherwise payable under this section for a fiscal year exceeds the total of the amounts made available pursuant to subsection (h) for the fiscal year (reduced (but not below zero) by the total of the amounts (if any) payable under paragraph (3) of this subsection with respect to the preceding fiscal year), the amount of each such otherwise payable incentive payment shall be reduced by a percentage equal to—
(A) the total of the amounts so made available (as so reduced); divided by
(B) the total of such otherwise payable incentive payments.
(3) Appropriations available for unpaid incentive payments for prior fiscal years.—
(A) In general.—If payments under this section are reduced under paragraph (2) or subparagraph (B) of this paragraph for a fiscal year, then, before making any other payment under this section for the next fiscal year, the Secretary shall pay each State whose payment was so reduced an amount equal to the total amount of the reductions which applied to the State, subject to subparagraph (B) of this paragraph.
(B) Pro rata adjustment if insufficient funds available.—If the total amount of payments otherwise payable under subparagraph (A) of this paragraph for a fiscal year exceeds the total of the amounts made available pursuant to subsection (h) for the fiscal year, the amount of each such payment shall be reduced by a percentage equal to—
(i) the total of the amounts so made available; divided by
(ii) the total of such otherwise payable payments.
(e) Two-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 next 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 or E. 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 423, 434, and 474.
(g) Definitions.—In this section:
(1) Home study.—The term “home study” means an evaluation of a home environment conducted in accordance with applicable requirements of the State in which the home is located, to determine whether a proposed placement of a child would meet the individual needs of the child, including the child’s safety, permanency, health, well-being, and mental, emotional, and physical development.
(2) Interstate home study.—The term “interstate home study” means a home study conducted by a State at the request of another State, to facilitate an adoptive or foster placement in the State of a child in foster care under the responsibility of the State.
(3) Timely interstate home study.—The term “timely interstate home study” means an interstate home study completed by a State if the State provides to the State that requested the study, within 30 days after receipt of the request, a report on the results of the study. The preceding sentence shall not be construed to require the State to have completed, within the 30-day period, the parts of the home study involving the education and training of the prospective foster or adoptive parents.
(h) Limitations on Authorization of Appropriations.—
(1) In general.—For payments under this section, there are authorized to be appropriated to the Secretary—
(A) $10,000,000 for fiscal year 2007;
(B) $10,000,000 for fiscal year 2008;
(C) $10,000,000 for fiscal year 2009; and
(D) $10,000,000 for fiscal year 2010.
(2) Availability.—Amounts appropriated under paragraph (1) are authorized to remain available until expended.
[276] P.L. 109-239, §4(b), added this section, effective October 1, 2006. P.L. 109-239, §4(c) provides that “Effective October 1, 2010, section 473B of the Social Security Act is repealed.”
Reasons Bill Initiated
Many children in foster care were waiting several years for permanent placement.
The focus on “reasonable efforts” to reunify children with their families had led to some placement decisions that were not in the best interests of the child and not adequately focused on child safety.
In order to move children into permanent homes in a more timely manner, States needed stricter guidelines for placement and reunification of children within their families.
Objectives/Goals
To promote permanency for children in foster care.
To ensure safety for abused and neglected children.
To accelerate permanent placements of children.
To increase accountability of the child welfare system.
Services Provided/Measures Taken
Reauthorized the Family Preservation and Support Services Program
Renamed it the Safe and Stable Families Program.
Extended categories of services to include time-limited reunification services and adoption promotion and support services.
Ensured safety for abused and neglected children:
Ensured health and safety concerns are addressed when a State determines placement for abused and neglected children.
Required HHS to report on the scope of substance abuse in the child welfare population, and the outcomes of services provided to that population.
Added “safety of the child” to every step of the case plan and review process.
Required criminal record checks for foster/adoptive parents who receive Federal funds on behalf of a child, unless a State opted out.
Accelerated permanent placement:
Required States to initiate court proceedings to free a child for adoption once that child had been waiting in foster care for at least 15 of the most recent 22 months, unless there is an exception.
Allowed children to be freed for adoption more quickly in extreme cases.
Promoted adoptions:
Rewarded States that increased adoptions with incentive funds.
Required States to use “reasonable efforts” to move eligible foster care children towards permanent placements.
Promoted adoptions of all special needs children and ensured health coverage for adopted special needs children.
Prohibited States from delaying/denying placements of children based on the geographic location of the prospective adoptive families.
Required States to document and report child-specific adoption efforts.
Increased accountability:
Required HHS to establish new outcome measures to monitor and improve State performance.
Required States to document child-specific efforts to move children into adoptive homes.
Clarified “Reasonable Efforts:”
Emphasized children’s health and safety.
Required States to specify situations when services to prevent foster placement and reunification of families are not required.
Implemented shorter time limits for making decisions about permanent placements:
Permanency hearings to be held no later than 12 months after entering foster care.
States must initiate termination of parental rights proceedings after the child has been in foster care 15 of the previous 22 months, except if not in the best interest of the child, or if the child is in the care of a relative.
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ADOPTION INCENTIVE PAYMENTS
ADOPTION INCENTIVE PAYMENTS
Sec. 473A. [42 U.S.C. 673b] (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)(A) 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;[256]
(B) the number of older child adoptions in the State during the fiscal year exceeds the base number of older child adoptions for the State for the fiscal year; or[257]
(C)[258] the State’s foster child adoption rate for the fiscal year exceeds the highest ever foster child adoption rate determined for the State;
(3) the State is in compliance with subsection (c) for the fiscal year;
(4) [259]the State provides health insurance coverage to any child with special needs (as determined under section 473(c)) 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 2008 through 2012[260].
(c) Data Requirements.—
(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 based on afcars data.—The Secretary shall determine the numbers of foster child adoptions, of special needs adoptions that are not older child adoptions, and of older child adoptions in a State during a fiscal year[261], and the foster child adoption rate for the state for the fiscal year[262] for purposes of this section, on the basis of data meeting the requirements of the system established pursuant to section 479, as reported by the State and approved by the Secretary by August 1 of the succeeding fiscal year.
(3) No waiver of afcars requirements.—This section shall not be construed to alter or affect any requirement of section 479 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;
(B) $4,000[263], multiplied by the amount (if any) by which the number of special needs adoptions that are not older child adoptions in the State during the fiscal year exceeds the base number of special needs adoptions that are not older child adoptions for the State for the fiscal year; and
(C) $8,000[264], multiplied by the amount (if any) by which the number of older child adoptions in the State during the fiscal year exceeds the base number of older child 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) 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.
(3)[265]Increased incentive payment for exceeding the highest ever foster child adoption rate.—
(A) In General.—If—
(i) for fiscal year 2009 or any fiscal year thereafter the total amount of adoption incentive payments payable under paragraph (1) of this subsection are less than the amount appropriated under subsection (h) for the fiscal year; and
(ii) a State’s foster child adoption rate for that fiscal year exceeds the highest ever foster child adoption rate determined for the State, then the adoption incentive payment otherwise determined under paragraph (1) of this subsection for the State shall be increased, subject to subparagraph (C) of this paragraph, by the amount determined for the State under subparagraph (B) of this paragraph.
(B) Amount of increase.—For purposes of subparagraph (A), the amount determined under this subparagraph with respect to a State and a fiscal year is the amount equal to the product of—
(i) $1,000; and
(ii) the excess of—
(I) the number of foster child adoptions in the State in the fiscal year; over
(II) the product (rounded to the nearest whole number) of—
(aa) the highest ever foster child adoption rate determined for the State; and
(bb) the number of children in foster care under the supervision of the State on the last day of the preceding fiscal year.
(C) Pro rata adjustment if insufficient funds available.—For any fiscal year, if the total amount of increases in adoption incentive payments otherwise payable under this paragraph for a fiscal year exceeds the amount available for such increases for the fiscal year, the amount of the increase payable to each State under this paragraph for the fiscal year shall be—
(i) the amount of the increase that would otherwise be payable to the State under this paragraph for the fiscal year; multiplied by
(ii) the percentage represented by the amount so available for the fiscal year, divided by the total amount of increases otherwise payable under this paragraph for the fiscal year.
(e) 24-Month[266] Availability of Incentive Payments.—Payments to a State under this section in a fiscal year shall remain available for use by the State for the 24-month period beginning with the month in which the payments are made[267].
(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 or E. 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 424, 434, and 474.
(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 473.
(3) Base number of foster child adoptions.—The term “base number of foster child adoptions for a State” means, with respect to any fiscal year, the number of foster child adoptions in the State in fiscal year 2007.[268]
(4) Base number of special needs adoptions that are not older child adoptions.—The term “base number of special needs adoptions that are not older child adoptions[269] for a State” means, with respect to any fiscal year, the number of special needs adoptions that are not older child adoptions in the State in fiscal year 2007.[270]
(5) Base number of older child adoptions.—The term “base number of older child adoptions for a State” means, with respect to any fiscal year, the number of older child adoptions in the State in fiscal year 2007.[271]
(6) Older child adoptions.—The term “older child adoptions” means the final adoption of a child who has attained 9 years of age if—
(A) at the time of the adoptive placement, the child was in foster care under the supervision of the State; or (B) an adoption assistance agreement was in effect under section 473 with respect to the child.
(7)[272] Highest ever foster child adoption rate.—The term “highest ever foster child adoption rate” means, with respect to any fiscal year, the highest foster child adoption rate determined for any fiscal year in the period that begins with fiscal year 2002 and ends with the preceding fiscal year.
(8)[273] Foster child adoption rate.—The term “foster child adoption rate” means, with respect to a State and a fiscal year, the percentage determined by dividing—
(A) the number of foster child adoptions finalized in the State during the fiscal year; by
(B) the number of children in foster care under the supervision of the State on the last day of the preceding fiscal year.
(h) Limitations on Authorization of Appropriations.—
(1) In general.—For grants under subsection (a), 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;
(C) $20,000,000 for each of fiscal years 2001 through 2003, and
(D) $43,000,000 for each of fiscal years 2004 through 2013[274].
(2) Availability.—Amounts appropriated under paragraph (1), or under any other law for grants under subsection (a), are authorized to remain available until expended, but not after fiscal year 2013[275].
(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.
(C) The development of specialized units and expertise in 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 2004 through 2006.
[256] P.L. 110-351, §401(e)(3)(A)(i), struck out “or”.
[257] P.L. 110-351, §401(e)(3)(A)(ii), inserted “or”.
[258] P.L. 110-351, §401(e)(3)(A)(iii), added subparagraph (C). For the effective date, see Vol. II, P.L. 110-351, §601.
[259] P.L. 110-351, §401(a)(1), struck out “in the case of fiscal years 2001 through 2007,” . For the effective date, see Vol. II, P.L. 110-351, §601.
[260] P..L. 110-351, §401(a)(2), struck out “1998 through 2007” and substituted “2008 through 2012”. For the effective date, see Vol. II, P.L. 110-351, §601.
[261] P.L. 110-351, §401(a)(3), struck out “each of fiscal years 2002 through 2007” and substituted “a fiscal year”. For the effective date, see Vol. II, P.L. 110-351, §601.
[262] P.L. 110-351, §401(e)(3)(B), inserted “and the foster child adoption rate for the State for the fiscal year ”. For the effective date, see Vol. II, P.L. 110-351, §601.
[263] P.L. 110-351, §401(c)(1), struck out “$2,000” and substituted “$4,000”. For the effective date, see Vol. II, P.L. 110-351, §601.
[264] P.L. 110-351, §401(c)(2), struck out “$4,000” and substituted “$8,000”. For the effective date, see Vol. II, P.L. 110-351, §601.
[265] P.L. 110-351, §401(e)(1)(C), added paragraph (3). For the effective date, see Vol. II, P.L. 110-351, §601.
[266] P.L. 110-351, §401(d)(1), struck out “2-year” and substituted “24-Month”. For the effective date, see Vol. II, P.L. 110-351, §601.
[267] P.L. 110-351, §401(d)(2), struck out “through the end of the succeeding fiscal year” and substituted “for the 24-month period beginning with the month in which the payments are made”. For the effective date, see Vol. II, P.L. 110-351, §601.
[268] P.L. 110-351, §401(b)(1), struck out “means—” and subparagraphs (A) and (B) and substituted “means, with respect to any fiscal year, the number of foster child adoptions in the State in fiscal year 2007.”. For the effective date, see Vol. II, P.L. 110-351, §601. For subparagraphs (A) and (B) as they formerly read, see Vol. II, Appendix J, Superseded Provisions, P.L. 110-351.
[269] P.L. 110-351, §401(b)(2(A), inserted “that are not older child adoptions”. For the effective date, see Vol. II, P.L. 110-351, §601.
[270] P.L. 110-351, §401(b)(2)(B), struck out “means—” and subparagraphs (A) and (B) and substituted “means, with respect to any fiscal year, the number of special needs adoptions that are not older child adoptions in the State in fiscal year 2007.”. For the effective date, see Vol. II, P.L. 110-351, §601. For subparagraphs (A) and (B) as they formerly read, see Vol. II, Appendix J, Superseded Provisions, P.L. 110-351.
[271] P.L. 110-351, §401(b)(3), struck out “means—” and subparagraphs (A) and (B) and substituted “means, with respect to any fiscal year, the number of older child adoptions in the State in fiscal year 2007.”. For the effective date, see Vol. II, P.L. 110-351, §601. For subparagraphs (A) and (B) as they formerly read, see Vol. II, Appendix J, Superseded Provisions, P.L. 110-351.
[272] P.L. 110-351, §401(e)(2), added paragraph (7). For the effective date, see Vol. II, P.L. 110-351, §601.
[273] P.L. 110-351, §401(e)(2), added paragraph (8). For the effective date, see Vol. II, P.L. 110-351, §601.
[274] P..L. 110-351, §401(a)(4), struck out “2008” and substituted “2013”. For the effective date, see Vol. II, P.L. 110-351, §601.
[275] P.L. 108-145, §3(a)(5)(B)(ii), struck out “2003” and substituted “2008*”, effective October 1, 2003.
*P..L. 110-351, §401(a)(4), struck out “2008″ and substituted “2013”. For the effective date, see Vol. II, P.L. 110-351, §601.
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Sec. 473A. [42 U.S.C. 673b] (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)(A) 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;[256]
(B) the number of older child adoptions in the State during the fiscal year exceeds the base number of older child adoptions for the State for the fiscal year; or[257]
(C)[258] the State’s foster child adoption rate for the fiscal year exceeds the highest ever foster child adoption rate determined for the State;
(3) the State is in compliance with subsection (c) for the fiscal year;
(4) [259]the State provides health insurance coverage to any child with special needs (as determined under section 473(c)) 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 2008 through 2012[260].
(c) Data Requirements.—
(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 based on afcars data.—The Secretary shall determine the numbers of foster child adoptions, of special needs adoptions that are not older child adoptions, and of older child adoptions in a State during a fiscal year[261], and the foster child adoption rate for the state for the fiscal year[262] for purposes of this section, on the basis of data meeting the requirements of the system established pursuant to section 479, as reported by the State and approved by the Secretary by August 1 of the succeeding fiscal year.
(3) No waiver of afcars requirements.—This section shall not be construed to alter or affect any requirement of section 479 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;
(B) $4,000[263], multiplied by the amount (if any) by which the number of special needs adoptions that are not older child adoptions in the State during the fiscal year exceeds the base number of special needs adoptions that are not older child adoptions for the State for the fiscal year; and
(C) $8,000[264], multiplied by the amount (if any) by which the number of older child adoptions in the State during the fiscal year exceeds the base number of older child 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) 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.
(3)[265]Increased incentive payment for exceeding the highest ever foster child adoption rate.—
(A) In General.—If—
(i) for fiscal year 2009 or any fiscal year thereafter the total amount of adoption incentive payments payable under paragraph (1) of this subsection are less than the amount appropriated under subsection (h) for the fiscal year; and
(ii) a State’s foster child adoption rate for that fiscal year exceeds the highest ever foster child adoption rate determined for the State, then the adoption incentive payment otherwise determined under paragraph (1) of this subsection for the State shall be increased, subject to subparagraph (C) of this paragraph, by the amount determined for the State under subparagraph (B) of this paragraph.
(B) Amount of increase.—For purposes of subparagraph (A), the amount determined under this subparagraph with respect to a State and a fiscal year is the amount equal to the product of—
(i) $1,000; and
(ii) the excess of—
(I) the number of foster child adoptions in the State in the fiscal year; over
(II) the product (rounded to the nearest whole number) of—
(aa) the highest ever foster child adoption rate determined for the State; and
(bb) the number of children in foster care under the supervision of the State on the last day of the preceding fiscal year.
(C) Pro rata adjustment if insufficient funds available.—For any fiscal year, if the total amount of increases in adoption incentive payments otherwise payable under this paragraph for a fiscal year exceeds the amount available for such increases for the fiscal year, the amount of the increase payable to each State under this paragraph for the fiscal year shall be—
(i) the amount of the increase that would otherwise be payable to the State under this paragraph for the fiscal year; multiplied by
(ii) the percentage represented by the amount so available for the fiscal year, divided by the total amount of increases otherwise payable under this paragraph for the fiscal year.
(e) 24-Month[266] Availability of Incentive Payments.—Payments to a State under this section in a fiscal year shall remain available for use by the State for the 24-month period beginning with the month in which the payments are made[267].
(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 or E. 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 424, 434, and 474.
(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 473.
(3) Base number of foster child adoptions.—The term “base number of foster child adoptions for a State” means, with respect to any fiscal year, the number of foster child adoptions in the State in fiscal year 2007.[268]
(4) Base number of special needs adoptions that are not older child adoptions.—The term “base number of special needs adoptions that are not older child adoptions[269] for a State” means, with respect to any fiscal year, the number of special needs adoptions that are not older child adoptions in the State in fiscal year 2007.[270]
(5) Base number of older child adoptions.—The term “base number of older child adoptions for a State” means, with respect to any fiscal year, the number of older child adoptions in the State in fiscal year 2007.[271]
(6) Older child adoptions.—The term “older child adoptions” means the final adoption of a child who has attained 9 years of age if—
(A) at the time of the adoptive placement, the child was in foster care under the supervision of the State; or (B) an adoption assistance agreement was in effect under section 473 with respect to the child.
(7)[272] Highest ever foster child adoption rate.—The term “highest ever foster child adoption rate” means, with respect to any fiscal year, the highest foster child adoption rate determined for any fiscal year in the period that begins with fiscal year 2002 and ends with the preceding fiscal year.
(8)[273] Foster child adoption rate.—The term “foster child adoption rate” means, with respect to a State and a fiscal year, the percentage determined by dividing—
(A) the number of foster child adoptions finalized in the State during the fiscal year; by
(B) the number of children in foster care under the supervision of the State on the last day of the preceding fiscal year.
(h) Limitations on Authorization of Appropriations.—
(1) In general.—For grants under subsection (a), 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;
(C) $20,000,000 for each of fiscal years 2001 through 2003, and
(D) $43,000,000 for each of fiscal years 2004 through 2013[274].
(2) Availability.—Amounts appropriated under paragraph (1), or under any other law for grants under subsection (a), are authorized to remain available until expended, but not after fiscal year 2013[275].
(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.
(C) The development of specialized units and expertise in 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 2004 through 2006.
[256] P.L. 110-351, §401(e)(3)(A)(i), struck out “or”.
[257] P.L. 110-351, §401(e)(3)(A)(ii), inserted “or”.
[258] P.L. 110-351, §401(e)(3)(A)(iii), added subparagraph (C). For the effective date, see Vol. II, P.L. 110-351, §601.
[259] P.L. 110-351, §401(a)(1), struck out “in the case of fiscal years 2001 through 2007,” . For the effective date, see Vol. II, P.L. 110-351, §601.
[260] P..L. 110-351, §401(a)(2), struck out “1998 through 2007” and substituted “2008 through 2012”. For the effective date, see Vol. II, P.L. 110-351, §601.
[261] P.L. 110-351, §401(a)(3), struck out “each of fiscal years 2002 through 2007” and substituted “a fiscal year”. For the effective date, see Vol. II, P.L. 110-351, §601.
[262] P.L. 110-351, §401(e)(3)(B), inserted “and the foster child adoption rate for the State for the fiscal year ”. For the effective date, see Vol. II, P.L. 110-351, §601.
[263] P.L. 110-351, §401(c)(1), struck out “$2,000” and substituted “$4,000”. For the effective date, see Vol. II, P.L. 110-351, §601.
[264] P.L. 110-351, §401(c)(2), struck out “$4,000” and substituted “$8,000”. For the effective date, see Vol. II, P.L. 110-351, §601.
[265] P.L. 110-351, §401(e)(1)(C), added paragraph (3). For the effective date, see Vol. II, P.L. 110-351, §601.
[266] P.L. 110-351, §401(d)(1), struck out “2-year” and substituted “24-Month”. For the effective date, see Vol. II, P.L. 110-351, §601.
[267] P.L. 110-351, §401(d)(2), struck out “through the end of the succeeding fiscal year” and substituted “for the 24-month period beginning with the month in which the payments are made”. For the effective date, see Vol. II, P.L. 110-351, §601.
[268] P.L. 110-351, §401(b)(1), struck out “means—” and subparagraphs (A) and (B) and substituted “means, with respect to any fiscal year, the number of foster child adoptions in the State in fiscal year 2007.”. For the effective date, see Vol. II, P.L. 110-351, §601. For subparagraphs (A) and (B) as they formerly read, see Vol. II, Appendix J, Superseded Provisions, P.L. 110-351.
[269] P.L. 110-351, §401(b)(2(A), inserted “that are not older child adoptions”. For the effective date, see Vol. II, P.L. 110-351, §601.
[270] P.L. 110-351, §401(b)(2)(B), struck out “means—” and subparagraphs (A) and (B) and substituted “means, with respect to any fiscal year, the number of special needs adoptions that are not older child adoptions in the State in fiscal year 2007.”. For the effective date, see Vol. II, P.L. 110-351, §601. For subparagraphs (A) and (B) as they formerly read, see Vol. II, Appendix J, Superseded Provisions, P.L. 110-351.
[271] P.L. 110-351, §401(b)(3), struck out “means—” and subparagraphs (A) and (B) and substituted “means, with respect to any fiscal year, the number of older child adoptions in the State in fiscal year 2007.”. For the effective date, see Vol. II, P.L. 110-351, §601. For subparagraphs (A) and (B) as they formerly read, see Vol. II, Appendix J, Superseded Provisions, P.L. 110-351.
[272] P.L. 110-351, §401(e)(2), added paragraph (7). For the effective date, see Vol. II, P.L. 110-351, §601.
[273] P.L. 110-351, §401(e)(2), added paragraph (8). For the effective date, see Vol. II, P.L. 110-351, §601.
[274] P..L. 110-351, §401(a)(4), struck out “2008” and substituted “2013”. For the effective date, see Vol. II, P.L. 110-351, §601.
[275] P.L. 108-145, §3(a)(5)(B)(ii), struck out “2003” and substituted “2008*”, effective October 1, 2003.
*P..L. 110-351, §401(a)(4), struck out “2008″ and substituted “2013”. For the effective date, see Vol. II, P.L. 110-351, §601.
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ADOPTION AND GUARDIANSHIP[215] ASSISTANCE PROGRAM
ADOPTION AND GUARDIANSHIP[215] ASSISTANCE PROGRAM
Sec. 473. [42 U.S.C. 673] (a)(1)(A) Each State having a plan approved under this part shall enter into adoption assistance agreements (as defined in section 475(3)) 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)(A) For purposes of paragraph (1)(B)(ii), a child meets the requirements of this paragraph if—
(i)[216] in the case of a child who is not an applicable child for the fiscal year (as defined in subsection (e)), the child—
(I)[217](aa[218])(AA[219]) was removed from the home of a relative specified in section 406(a) (as in effect on July 16, 1996) and placed in foster care in accordance with a voluntary placement agreement with respect to which Federal payments are provided under section 474 (or section 403, as such section was in effect on July 16, 1996), or in accordance with a judicial determination to the effect that continuation in the home would be contrary to the welfare of the child; and
(BB)[220] met the requirements of section 472(a)(3) with respect to the home referred to in subitem (AA) of this item[221].
(bb)[222] meets all of the requirements of title XVI with respect to eligibility for supplemental security income benefits; or
(cc)[223] 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 the minor parent of the child as provided in section 475(4)(B); and
(II)[224] has been determined by the State, pursuant to subsection (c)(1)[225] of this section, to be a child with special needs; or[226]
(ii)[227] in the case of a child who is an applicable child for the fiscal year (as so defined), the child—
(I)(aa) at the time of initiation of adoption proceedings was in the care of a public or licensed private child placement agency or Indian tribal organization pursuant to—
(AA) an involuntary removal of the child from the home in accordance with a judicial determination to the effect that continuation in the home would be contrary to the welfare of the child; or
(BB) a voluntary placement agreement or voluntary relinquishment;
(bb) meets all medical or disability requirements of title XVI with respect to eligibility for supplemental security income benefits; or
(cc) was residing in a foster family home or child care institution with the child’s minor parent, and the child’s minor parent was in such foster family home or child care institution pursuant to—
(AA) an involuntary removal of the child from the home in accordance with a judicial determination to the effect that continuation in the home would be contrary to the welfare of the child; or
(BB) a voluntary placement agreement or voluntary relinquishment; and
(II) has been determined by the State, pursuant to subsection (c)(2), to be a child with special needs.
(B) Section 472(a)(4) shall apply for purposes of subparagraph (A) of this paragraph, in any case in which the child is an alien described in such section.
(C) A child shall be treated as meeting the requirements of this paragraph for the purpose of paragraph (1)(B)(ii) if—
(i)[228] in the case of a child who is not an applicable child for the fiscal year (as defined in subsection (e)), the child—
(I)[229] meets the requirements of subparagraph (A)(i)(II)[230];
(II)[231] was determined eligible for adoption assistance payments under this part with respect to a prior adoption;
(III)[232] is available for adoption because—
(aa)[233] the prior adoption has been dissolved, and the parental rights of the adoptive parents have been terminated; or
(bb)[234] the child’s adoptive parents have died; and
(IV)[235] fails to meet the requirements of subparagraph (A)(i)[236] but would meet such requirements if—
(aa)[237] 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
(bb)[238] the prior adoption were treated as never having occurred; or[239]
(ii)[240] in the case of a child who is an applicable child for the fiscal year (as so defined), the child meets the requirements of subparagraph (A)(ii)(II), is determined eligible for adoption assistance payments under this part with respect to a prior adoption (or who would have been determined eligible for such payments had the Adoption and Safe Families Act of 1997[241] been in effect at the time that such determination would have been made), and 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.
(D)[242] In determining the eligibility for adoption assistance payments of a child in a legal guardianship arrangement described in section 471(a)(28), the placement of the child with the relative guardian involved and any kinship guardianship assistance payments made on behalf of the child shall be considered never to have been made.
(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)[243] 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), 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 474(a)(3)(E).
(7)[244](A) Notwithstanding any other provision of this subsection, no payment may be made to parents with respect to any applicable child for a fiscal year that—
(i) would be considered a child with special needs under subsection (c)(2);
(ii) is not a citizen or resident of the United States; and
(iii) was adopted outside of the United States or was brought into the United States for the purpose of being adopted.
(B) Subparagraph (A) shall not be construed as prohibiting payments under this part for an applicable child described in subparagraph (A) that is placed in foster care subsequent to the failure, as determined by the State, of the initial adoption of the child by the parents described in subparagraph (A).
(8)[245] A State shall spend an amount equal to the amount of savings (if any) in State expenditures under this part resulting from the application of paragraph (2)(A)(ii) to all applicable children for a fiscal year to provide to children or families any service (including post-adoption services) that may be provided under this part or part B.
(b)(1) For purposes of title XIX, any child who is described in paragraph (3) is deemed to be a dependent child as defined in section 406 (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 title (as so in effect) in the State where such child resides.
(2) For purposes of title XX, 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 title 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), 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),[246]
(B) with respect to whom foster care maintenance payments are being made under section 472, or[247]
(C)[248] with respect to whom kinship guardianship assistance payments are being made pursuant to subsection (d).
(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 475(4)(B), shall be considered a child with respect to whom foster care maintenance payments are being made under section 472.
(c) For purposes of this section—
(1) in the case of a child who is not an applicable child for a fiscal year, the child shall not be considered a child with special needs unless[249]—
(A)[250] the State has determined that the child cannot or should not be returned to the home of his parents; and
(B)[251] 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 title XIX, 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 title XIX; or[252]
(2)[253] in the case of a child who is an applicable child for a fiscal year, the child shall not be considered a child with special needs unless—
(A) the State has determined, pursuant to a criterion or criteria established by the State, that the child cannot or should not be returned to the home of his parents;
(B)(i) the State has determined that there exists with respect to the child a specific factor or condition (such as 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 the child cannot be placed with adoptive parents without providing adoption assistance under this section and medical assistance under title XIX; or
(ii) the child meets all medical or disability requirements of title XVI with respect to eligibility for supplemental security income benefits; and
(C) the State has determined 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 the 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 title XIX.
(d) [254]Kinship Guardianship Assistance Payments for Children.—
(1)Kinship guardianship assistance agreement.—
(A) In general.—In order to receive payments under section 474(a)(5), a State shall.—
(i) negotiate and enter into a written, binding kinship guardianship assistance agreement with the prospective relative guardian of a child who meets the requirements of this paragraph; and
(ii) provide the prospective relative guardian with a copy of the agreement.
(B) Minimum requirements.—The agreement shall specify, at a minimum.—
(i) the amount of, and manner in which, each kinship guardianship assistance payment will be provided under the agreement, and the manner in which the payment may be adjusted periodically, in consultation with the relative guardian, based on the circumstances of the relative guardian and the needs of the child;
(ii) the additional services and assistance that the child and relative guardian will be eligible for under the agreement;
(iii) the procedure by which the relative guardian may apply for additional services as needed; and
(iv) subject to subparagraph (D), that the State will pay the total cost of nonrecurring expenses associated with obtaining legal guardianship of the child, to the extent the total cost does not exceed $2,000.
(C) Interstate applicability.—The agreement shall provide that the agreement shall remain in effect without regard to the State residency of the relative guardian.
(D) No effect on federal reimbursement.—Nothing in subparagraph (B)(iv) shall be construed as affecting the ability of the State to obtain reimbursement from the Federal Government for costs described in that subparagraph.
(2) Limitations on amount of kinship guardianship assistance payment.—A kinship guardianship assistance payment on behalf of a child shall not exceed the foster care maintenance payment which would have been paid on behalf of the child if the child had remained in a foster family home.
(3)Child’s eligibility for a kinship guardianship assistance payment.—
(A) In general.—A child is eligible for a kinship guardianship assistance payment under this subsection if the State agency determines the following:
(i) The child has been—
(I) removed from his or her home pursuant to a voluntary placement agreement or as a result of a judicial determination to the effect that continuation in the home would be contrary to the welfare of the child; and
(II) eligible for foster care maintenance payments under section 472 while residing for at least 6 consecutive months in the home of the prospective relative guardian.
(ii) Being returned home or adopted are not appropriate permanency options for the child.
(iii) The child demonstrates a strong attachment to the prospective relative guardian and the relative guardian has a strong commitment to caring permanently for the child.
(iv) With respect to a child who has attained 14 years of age, the child has been consulted regarding the kinship guardianship arrangement.
(B) Treatment of siblings.—With respect to a child described in subparagraph (A) whose sibling or siblings are not so described—
(i) the child and any sibling of the child may be placed in the same kinship guardianship arrangement, in accordance with section 471(a)(31), if the State agency and the relative agree on the appropriateness of the arrangement for the siblings; and
(ii) kinship guardianship assistance payments may be paid on behalf of each sibling so placed.
(e)[255]Applicable Child Defined.—
(1)On the basis of age.—
(A) In general.—Subject to paragraphs (2) and (3), in this section, the term “applicable child” means a child for whom an adoption assistance agreement is entered into under this section during any fiscal year described in subparagraph (B) if the child attained the applicable age for that fiscal year before the end of that fiscal year.
(B) Applicable age.—For purposes of subparagraph (A), the applicable age for a fiscal year is as follows:
In the case of fiscal year:
The applicable age is:
2010
16
2011
14
2012
12
2013
10
2014
8
2015
6
2016
4
2017
2
2018 or thereafter
any age.
(2) Exception for duration in care.—Notwithstanding paragraph (1) of this subsection, beginning with fiscal year 2010, such term shall include a child of any age on the date on which an adoption assistance agreement is entered into on behalf of the child under this section if the child—
(A) has been in foster care under the responsibility of the State for at least 60 consecutive months; and
(B) (B) meets the requirements of subsection (a)(2)(A)(ii).
(3) Exception for member of a sibling group.—Notwithstanding paragraphs (1) and (2) of this subsection, beginning with fiscal year 2010, such term shall include a child of any age on the date on which an adoption assistance agreement is entered into on behalf of the child under this section without regard to whether the child is described in paragraph (2)(A) of this subsection if the child—
(A) is a sibling of a child who is an applicable child for the fiscal year under paragraph (1) or (2) of this subsection;
(B) is to be placed in the same adoption placement as an applicable child for the fiscal year who is their sibling; and
(C) meets the requirements of subsection (a)(2)(A)(ii).
[215] P.L. 110-351, §101(c)(5), inserted “AND GUARDIANSHIP”. For the effective date, see Vol. II, P.L. 110-351, §601.
[216] P.L. 110-351, §402(1)(A)(i)(VI) , struck out “if the child)—” and substituted “if —” and this new clause (i). For the effective date, see Vol. II, P.L. 110-351, §601.
[217] P.L. 110-351, §402(1)(A)(i)(IV), redesignated the former clause (i) as subclause (I) and §402(1)(A)(i)(V) realigned the margin.
[218] P.L. 110-351, §402(1)(A)(i)(III), redesignated the former subclause (I) as item (aa) and §402(1)(A)(i)(V) realigned the margin.
[219] P.L. 110-351, §402(1)(A)(i)(I), redesignated the former item (aa) as subitem (AA) and §402(1)(A)(i)(V) realigned the margin.
[220] P.L. 110-351, §402(1)(A)(i)(I), redesignated the former item (bb) as subitem (BB) and §402(1)(A)(i)(V) realigned the margin.
[221] P.L. 110-351, §402(1)(A)(i)(II), struck out “item (aa) of this subclause” and substituted “subitem (AA) of this item”.
[222] P.L. 110-351, §402(1)(A)(i)(III), redesignated the former subclause (II) as item (bb) and §402(1)(A)(i)(V) realigned the margin.
[223] P.L. 110-351, §402(1)(A)(i)(III), redesignated the former subclause (III) as item (cc).
[224] P.L. 110-351, §402(1)(A)(i)(IV), redesignated the former clause (i) as subclause (I) and §402(1)(A)(i)(V) realigned the margin.
[225] P.L. 110-351, §402(1)(A)(i)(VII)(aa), struck out “(c)” and substituted “(c)(i)”.
[226] P.L. 110-351, §402(1)(A)(i)(VII)(bb), struck out the period and substituted “; or”.
[227] P.L. 110-351, §402(1)(A)(i)(VIII), added this new clause (ii). For the effective date, see Vol. II, P.L. 110-351, §601.
[228] P.L. 110-351, §402(1)(A)(ii)(V), struck out “if the child—” and substituted “if—” and this new clause (i). For the effective date, see Vol. II, P.L. 110-351, §601.
[229] P.L. 110-351, §402(1)(A)(ii)(III), redesignated the former clause (i) as subclause (I) and §402(1)(A)(ii)(IV) realigned the margin.
[230] P.L. 110-351, §402(1)(A)(ii)(VI), struck out “(A)(ii)” and inserted “(A)(i)(II)”.
[231] P.L. 110-351, §402(1)(A)(ii)(III), redesignated the former clause (ii) as subclause (II) and §402(1)(A)(ii)(IV) realigned the margin.
[232] P.L. 110-351, §402(1)(A)(ii)(III), redesignated the former clause (iii) as subclause (III) and §402(1)(A)(ii)(IV) realigned the margin.
[233] P.L. 110-351, §402(1)(A)(ii)(I), redesignated the former subclause (I) as item (aa) and §402(1)(A)(ii)(IV) realigned the margin.
[234] P.L. 110-351, §402(1)(A)(ii)(I), redesignated the former subclause (II) as item (bb) and §402(1)(A)(ii)(IV) realigned the margin.
[235] P.L. 110-351, §402(1)(A)(ii)(III), redesignated the former clause (iv) as subclause (IV) and §402(1)(A)(ii)(IV) realigned the margin.
[236] P.L. 110-351, §402(1)(A)(ii)(VII)(aa), struck out “(A)” and inserted “(A)(i)”.
[237] P.L. 110-351, §402(1)(A)(ii)(II), redesignated the former subclause (I) as item (aa) and §402(1)(A)(ii)(IV) realigned the margin.
[238] P.L. 110-351, §402(1)(A)(ii)(II), redesignated the former subclause (II) as item (bb) and §402(1)(A)(ii)(IV) realigned the margin.
[239] P.L. 110-351, §402(1)(A)(ii)(VII)(bb), struck out the period and inserted a “; or”.
[240] P.L. 110-351, §402(1)(A)(ii)(VIII), added clause (ii). For the effective date, see Vol. II, P.L. 110-351, §601.
[241] P.L. 105-89; 111 Stat. 2115.
[242] P.L. 110-351, §101(c)(1)(B), added subparagraph (D). For the effective date, see Vol. II, P.L. 110-351, §601.
[243] P.L. 110-351, §201(c), amends paragraph (4), in its entirety, to be effective October 1, 2010.
[244] P.L. 110-351, §402(1)(B), added paragraph (7). For the effective date, see Vol. II, P.L. 110-351, §601.
[245] P.L. 110-351, §402(1)(B), added paragraph (8). For the effective date, see Vol. II, P.L. 110-351, §601.
[246] P.L. 110-351, §101(f)(1), struck out “or”.
[247] P.L. 110-351, §101(f)(2), struck out the period and inserted “, or”.
[248] P.L. 110-351, §101(f)(3), added subparagraph (C). For the effective date, see Vol. II, P.L. 110-351, §601.
[249] P.L. 110-351, §402(2)(B), struck out “this section, a child shall not be considered a child with special needs unless” and substituted “this section—” and a new paragraph (1). For the effective date, see Vol. II, P.L. 110-351, §601.
[250] P.L. 110-351, §402(2)(A), redesignated the former paragraph (1) as subparagraph (A) and realigned the margin.
[251] P.L. 110-351, §402(2)(A) , redesignated the former paragraph (2) as subparagraph (B) and realigned the margin.
[252] P.L. 110-351, §402(2)(C), struck out the period and inserted “, or”.
[253] P.L. 110-351, §402(2)(D), added this paragraph (2). For the effective date, see Vol. II, P.L. 110-351, §601.
[254] P.L. 110-351, §101(b), added subsection (d). For the effective date, see Vol. II, P.L. 110-351, §601.
[255] P.L. 110-351, §402(3), added subsection (e). For the effective date, see Vol. II, P.L. 110-351, §601.
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Sec. 473. [42 U.S.C. 673] (a)(1)(A) Each State having a plan approved under this part shall enter into adoption assistance agreements (as defined in section 475(3)) 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)(A) For purposes of paragraph (1)(B)(ii), a child meets the requirements of this paragraph if—
(i)[216] in the case of a child who is not an applicable child for the fiscal year (as defined in subsection (e)), the child—
(I)[217](aa[218])(AA[219]) was removed from the home of a relative specified in section 406(a) (as in effect on July 16, 1996) and placed in foster care in accordance with a voluntary placement agreement with respect to which Federal payments are provided under section 474 (or section 403, as such section was in effect on July 16, 1996), or in accordance with a judicial determination to the effect that continuation in the home would be contrary to the welfare of the child; and
(BB)[220] met the requirements of section 472(a)(3) with respect to the home referred to in subitem (AA) of this item[221].
(bb)[222] meets all of the requirements of title XVI with respect to eligibility for supplemental security income benefits; or
(cc)[223] 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 the minor parent of the child as provided in section 475(4)(B); and
(II)[224] has been determined by the State, pursuant to subsection (c)(1)[225] of this section, to be a child with special needs; or[226]
(ii)[227] in the case of a child who is an applicable child for the fiscal year (as so defined), the child—
(I)(aa) at the time of initiation of adoption proceedings was in the care of a public or licensed private child placement agency or Indian tribal organization pursuant to—
(AA) an involuntary removal of the child from the home in accordance with a judicial determination to the effect that continuation in the home would be contrary to the welfare of the child; or
(BB) a voluntary placement agreement or voluntary relinquishment;
(bb) meets all medical or disability requirements of title XVI with respect to eligibility for supplemental security income benefits; or
(cc) was residing in a foster family home or child care institution with the child’s minor parent, and the child’s minor parent was in such foster family home or child care institution pursuant to—
(AA) an involuntary removal of the child from the home in accordance with a judicial determination to the effect that continuation in the home would be contrary to the welfare of the child; or
(BB) a voluntary placement agreement or voluntary relinquishment; and
(II) has been determined by the State, pursuant to subsection (c)(2), to be a child with special needs.
(B) Section 472(a)(4) shall apply for purposes of subparagraph (A) of this paragraph, in any case in which the child is an alien described in such section.
(C) A child shall be treated as meeting the requirements of this paragraph for the purpose of paragraph (1)(B)(ii) if—
(i)[228] in the case of a child who is not an applicable child for the fiscal year (as defined in subsection (e)), the child—
(I)[229] meets the requirements of subparagraph (A)(i)(II)[230];
(II)[231] was determined eligible for adoption assistance payments under this part with respect to a prior adoption;
(III)[232] is available for adoption because—
(aa)[233] the prior adoption has been dissolved, and the parental rights of the adoptive parents have been terminated; or
(bb)[234] the child’s adoptive parents have died; and
(IV)[235] fails to meet the requirements of subparagraph (A)(i)[236] but would meet such requirements if—
(aa)[237] 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
(bb)[238] the prior adoption were treated as never having occurred; or[239]
(ii)[240] in the case of a child who is an applicable child for the fiscal year (as so defined), the child meets the requirements of subparagraph (A)(ii)(II), is determined eligible for adoption assistance payments under this part with respect to a prior adoption (or who would have been determined eligible for such payments had the Adoption and Safe Families Act of 1997[241] been in effect at the time that such determination would have been made), and 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.
(D)[242] In determining the eligibility for adoption assistance payments of a child in a legal guardianship arrangement described in section 471(a)(28), the placement of the child with the relative guardian involved and any kinship guardianship assistance payments made on behalf of the child shall be considered never to have been made.
(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)[243] 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), 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 474(a)(3)(E).
(7)[244](A) Notwithstanding any other provision of this subsection, no payment may be made to parents with respect to any applicable child for a fiscal year that—
(i) would be considered a child with special needs under subsection (c)(2);
(ii) is not a citizen or resident of the United States; and
(iii) was adopted outside of the United States or was brought into the United States for the purpose of being adopted.
(B) Subparagraph (A) shall not be construed as prohibiting payments under this part for an applicable child described in subparagraph (A) that is placed in foster care subsequent to the failure, as determined by the State, of the initial adoption of the child by the parents described in subparagraph (A).
(8)[245] A State shall spend an amount equal to the amount of savings (if any) in State expenditures under this part resulting from the application of paragraph (2)(A)(ii) to all applicable children for a fiscal year to provide to children or families any service (including post-adoption services) that may be provided under this part or part B.
(b)(1) For purposes of title XIX, any child who is described in paragraph (3) is deemed to be a dependent child as defined in section 406 (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 title (as so in effect) in the State where such child resides.
(2) For purposes of title XX, 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 title 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), 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),[246]
(B) with respect to whom foster care maintenance payments are being made under section 472, or[247]
(C)[248] with respect to whom kinship guardianship assistance payments are being made pursuant to subsection (d).
(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 475(4)(B), shall be considered a child with respect to whom foster care maintenance payments are being made under section 472.
(c) For purposes of this section—
(1) in the case of a child who is not an applicable child for a fiscal year, the child shall not be considered a child with special needs unless[249]—
(A)[250] the State has determined that the child cannot or should not be returned to the home of his parents; and
(B)[251] 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 title XIX, 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 title XIX; or[252]
(2)[253] in the case of a child who is an applicable child for a fiscal year, the child shall not be considered a child with special needs unless—
(A) the State has determined, pursuant to a criterion or criteria established by the State, that the child cannot or should not be returned to the home of his parents;
(B)(i) the State has determined that there exists with respect to the child a specific factor or condition (such as 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 the child cannot be placed with adoptive parents without providing adoption assistance under this section and medical assistance under title XIX; or
(ii) the child meets all medical or disability requirements of title XVI with respect to eligibility for supplemental security income benefits; and
(C) the State has determined 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 the 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 title XIX.
(d) [254]Kinship Guardianship Assistance Payments for Children.—
(1)Kinship guardianship assistance agreement.—
(A) In general.—In order to receive payments under section 474(a)(5), a State shall.—
(i) negotiate and enter into a written, binding kinship guardianship assistance agreement with the prospective relative guardian of a child who meets the requirements of this paragraph; and
(ii) provide the prospective relative guardian with a copy of the agreement.
(B) Minimum requirements.—The agreement shall specify, at a minimum.—
(i) the amount of, and manner in which, each kinship guardianship assistance payment will be provided under the agreement, and the manner in which the payment may be adjusted periodically, in consultation with the relative guardian, based on the circumstances of the relative guardian and the needs of the child;
(ii) the additional services and assistance that the child and relative guardian will be eligible for under the agreement;
(iii) the procedure by which the relative guardian may apply for additional services as needed; and
(iv) subject to subparagraph (D), that the State will pay the total cost of nonrecurring expenses associated with obtaining legal guardianship of the child, to the extent the total cost does not exceed $2,000.
(C) Interstate applicability.—The agreement shall provide that the agreement shall remain in effect without regard to the State residency of the relative guardian.
(D) No effect on federal reimbursement.—Nothing in subparagraph (B)(iv) shall be construed as affecting the ability of the State to obtain reimbursement from the Federal Government for costs described in that subparagraph.
(2) Limitations on amount of kinship guardianship assistance payment.—A kinship guardianship assistance payment on behalf of a child shall not exceed the foster care maintenance payment which would have been paid on behalf of the child if the child had remained in a foster family home.
(3)Child’s eligibility for a kinship guardianship assistance payment.—
(A) In general.—A child is eligible for a kinship guardianship assistance payment under this subsection if the State agency determines the following:
(i) The child has been—
(I) removed from his or her home pursuant to a voluntary placement agreement or as a result of a judicial determination to the effect that continuation in the home would be contrary to the welfare of the child; and
(II) eligible for foster care maintenance payments under section 472 while residing for at least 6 consecutive months in the home of the prospective relative guardian.
(ii) Being returned home or adopted are not appropriate permanency options for the child.
(iii) The child demonstrates a strong attachment to the prospective relative guardian and the relative guardian has a strong commitment to caring permanently for the child.
(iv) With respect to a child who has attained 14 years of age, the child has been consulted regarding the kinship guardianship arrangement.
(B) Treatment of siblings.—With respect to a child described in subparagraph (A) whose sibling or siblings are not so described—
(i) the child and any sibling of the child may be placed in the same kinship guardianship arrangement, in accordance with section 471(a)(31), if the State agency and the relative agree on the appropriateness of the arrangement for the siblings; and
(ii) kinship guardianship assistance payments may be paid on behalf of each sibling so placed.
(e)[255]Applicable Child Defined.—
(1)On the basis of age.—
(A) In general.—Subject to paragraphs (2) and (3), in this section, the term “applicable child” means a child for whom an adoption assistance agreement is entered into under this section during any fiscal year described in subparagraph (B) if the child attained the applicable age for that fiscal year before the end of that fiscal year.
(B) Applicable age.—For purposes of subparagraph (A), the applicable age for a fiscal year is as follows:
In the case of fiscal year:
The applicable age is:
2010
16
2011
14
2012
12
2013
10
2014
8
2015
6
2016
4
2017
2
2018 or thereafter
any age.
(2) Exception for duration in care.—Notwithstanding paragraph (1) of this subsection, beginning with fiscal year 2010, such term shall include a child of any age on the date on which an adoption assistance agreement is entered into on behalf of the child under this section if the child—
(A) has been in foster care under the responsibility of the State for at least 60 consecutive months; and
(B) (B) meets the requirements of subsection (a)(2)(A)(ii).
(3) Exception for member of a sibling group.—Notwithstanding paragraphs (1) and (2) of this subsection, beginning with fiscal year 2010, such term shall include a child of any age on the date on which an adoption assistance agreement is entered into on behalf of the child under this section without regard to whether the child is described in paragraph (2)(A) of this subsection if the child—
(A) is a sibling of a child who is an applicable child for the fiscal year under paragraph (1) or (2) of this subsection;
(B) is to be placed in the same adoption placement as an applicable child for the fiscal year who is their sibling; and
(C) meets the requirements of subsection (a)(2)(A)(ii).
[215] P.L. 110-351, §101(c)(5), inserted “AND GUARDIANSHIP”. For the effective date, see Vol. II, P.L. 110-351, §601.
[216] P.L. 110-351, §402(1)(A)(i)(VI) , struck out “if the child)—” and substituted “if —” and this new clause (i). For the effective date, see Vol. II, P.L. 110-351, §601.
[217] P.L. 110-351, §402(1)(A)(i)(IV), redesignated the former clause (i) as subclause (I) and §402(1)(A)(i)(V) realigned the margin.
[218] P.L. 110-351, §402(1)(A)(i)(III), redesignated the former subclause (I) as item (aa) and §402(1)(A)(i)(V) realigned the margin.
[219] P.L. 110-351, §402(1)(A)(i)(I), redesignated the former item (aa) as subitem (AA) and §402(1)(A)(i)(V) realigned the margin.
[220] P.L. 110-351, §402(1)(A)(i)(I), redesignated the former item (bb) as subitem (BB) and §402(1)(A)(i)(V) realigned the margin.
[221] P.L. 110-351, §402(1)(A)(i)(II), struck out “item (aa) of this subclause” and substituted “subitem (AA) of this item”.
[222] P.L. 110-351, §402(1)(A)(i)(III), redesignated the former subclause (II) as item (bb) and §402(1)(A)(i)(V) realigned the margin.
[223] P.L. 110-351, §402(1)(A)(i)(III), redesignated the former subclause (III) as item (cc).
[224] P.L. 110-351, §402(1)(A)(i)(IV), redesignated the former clause (i) as subclause (I) and §402(1)(A)(i)(V) realigned the margin.
[225] P.L. 110-351, §402(1)(A)(i)(VII)(aa), struck out “(c)” and substituted “(c)(i)”.
[226] P.L. 110-351, §402(1)(A)(i)(VII)(bb), struck out the period and substituted “; or”.
[227] P.L. 110-351, §402(1)(A)(i)(VIII), added this new clause (ii). For the effective date, see Vol. II, P.L. 110-351, §601.
[228] P.L. 110-351, §402(1)(A)(ii)(V), struck out “if the child—” and substituted “if—” and this new clause (i). For the effective date, see Vol. II, P.L. 110-351, §601.
[229] P.L. 110-351, §402(1)(A)(ii)(III), redesignated the former clause (i) as subclause (I) and §402(1)(A)(ii)(IV) realigned the margin.
[230] P.L. 110-351, §402(1)(A)(ii)(VI), struck out “(A)(ii)” and inserted “(A)(i)(II)”.
[231] P.L. 110-351, §402(1)(A)(ii)(III), redesignated the former clause (ii) as subclause (II) and §402(1)(A)(ii)(IV) realigned the margin.
[232] P.L. 110-351, §402(1)(A)(ii)(III), redesignated the former clause (iii) as subclause (III) and §402(1)(A)(ii)(IV) realigned the margin.
[233] P.L. 110-351, §402(1)(A)(ii)(I), redesignated the former subclause (I) as item (aa) and §402(1)(A)(ii)(IV) realigned the margin.
[234] P.L. 110-351, §402(1)(A)(ii)(I), redesignated the former subclause (II) as item (bb) and §402(1)(A)(ii)(IV) realigned the margin.
[235] P.L. 110-351, §402(1)(A)(ii)(III), redesignated the former clause (iv) as subclause (IV) and §402(1)(A)(ii)(IV) realigned the margin.
[236] P.L. 110-351, §402(1)(A)(ii)(VII)(aa), struck out “(A)” and inserted “(A)(i)”.
[237] P.L. 110-351, §402(1)(A)(ii)(II), redesignated the former subclause (I) as item (aa) and §402(1)(A)(ii)(IV) realigned the margin.
[238] P.L. 110-351, §402(1)(A)(ii)(II), redesignated the former subclause (II) as item (bb) and §402(1)(A)(ii)(IV) realigned the margin.
[239] P.L. 110-351, §402(1)(A)(ii)(VII)(bb), struck out the period and inserted a “; or”.
[240] P.L. 110-351, §402(1)(A)(ii)(VIII), added clause (ii). For the effective date, see Vol. II, P.L. 110-351, §601.
[241] P.L. 105-89; 111 Stat. 2115.
[242] P.L. 110-351, §101(c)(1)(B), added subparagraph (D). For the effective date, see Vol. II, P.L. 110-351, §601.
[243] P.L. 110-351, §201(c), amends paragraph (4), in its entirety, to be effective October 1, 2010.
[244] P.L. 110-351, §402(1)(B), added paragraph (7). For the effective date, see Vol. II, P.L. 110-351, §601.
[245] P.L. 110-351, §402(1)(B), added paragraph (8). For the effective date, see Vol. II, P.L. 110-351, §601.
[246] P.L. 110-351, §101(f)(1), struck out “or”.
[247] P.L. 110-351, §101(f)(2), struck out the period and inserted “, or”.
[248] P.L. 110-351, §101(f)(3), added subparagraph (C). For the effective date, see Vol. II, P.L. 110-351, §601.
[249] P.L. 110-351, §402(2)(B), struck out “this section, a child shall not be considered a child with special needs unless” and substituted “this section—” and a new paragraph (1). For the effective date, see Vol. II, P.L. 110-351, §601.
[250] P.L. 110-351, §402(2)(A), redesignated the former paragraph (1) as subparagraph (A) and realigned the margin.
[251] P.L. 110-351, §402(2)(A) , redesignated the former paragraph (2) as subparagraph (B) and realigned the margin.
[252] P.L. 110-351, §402(2)(C), struck out the period and inserted “, or”.
[253] P.L. 110-351, §402(2)(D), added this paragraph (2). For the effective date, see Vol. II, P.L. 110-351, §601.
[254] P.L. 110-351, §101(b), added subsection (d). For the effective date, see Vol. II, P.L. 110-351, §601.
[255] P.L. 110-351, §402(3), added subsection (e). For the effective date, see Vol. II, P.L. 110-351, §601.
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FOSTER CARE MAINTENANCE PAYMENTS PROGRAM[208]
FOSTER CARE MAINTENANCE PAYMENTS PROGRAM[208]
Sec. 472. [42 U.S.C. 672] (a) In General.—
(1) Eligibility.—Each State with a plan approved under this part shall make foster care maintenance payments on behalf of each child who has been removed from the home of a relative specified in section 406(a) (as in effect on July 16, 1996) into foster care if—
(A) the removal and foster care placement met, and the placement continues to meet, the requirements of paragraph (2); and
(B) the child, while in the home, would have met the AFDC eligibility requirement of paragraph (3).
(2) Removal and foster care placement requirements.—The removal and foster care placement of a child meet the requirements of this paragraph if—
(A) the removal and foster care placement are in accordance with—
(i) a voluntary placement agreement entered into by a parent or legal guardian of the child who is the relative referred to in paragraph (1); or
(ii) a judicial determination to the effect that continuation in the home from which removed would be contrary to the welfare of the child and that reasonable efforts of the type described in section 471(a)(15) for a child have been made;
(B) the child’s placement and care are the responsibility of—
(i) the State agency administering the State plan approved under section 471; or[209]
(ii) any other public agency with which the State agency administering or supervising the administration of the State plan has made an agreement which is in effect; and[210]
(iii)[211] an Indian tribe or a tribal organization (as defined in section 479B(a)) or a tribal consortium that has a plan approved under section 471 in accordance with section 479B; and
(C) the child has been placed in a foster family home or child-care institution.
(3) AFDC eligibility requirement.—
(A) In general.—A child in the home referred to in paragraph (1) would have met the AFDC eligibility requirement of this paragraph if the child—
(i) would have received aid under the State plan approved under section 402 (as in effect on July 16, 1996) in the home, in or for the month in which the agreement was entered into or court proceedings leading to the determination referred to in paragraph (2)(A)(ii) of this subsection were initiated; or
(ii)(I) would have received the aid in the home, in or for the month referred to in clause (i), if application had been made therefor; or
(II) had been living in the home within 6 months before the month in which the agreement was entered into or the proceedings were initiated, and would have received the aid in or for such month, if, in such month, the child had been living in the home with the relative referred to in paragraph (1) and application for the aid had been made.
(B) Resources determination.—For purposes of subparagraph (A), in determining whether a child would have received aid under a State plan approved under section 402 (as in effect on July 16, 1996), a child whose resources (determined pursuant to section 402(a)(7)(B), as so in effect) have a combined value of not more than $10,000 shall be considered a child whose resources have a combined value of not more than $1,000 (or such lower amount as the State may determine for purposes of section 402(a)(7)(B)).
(4) Eligibility of certain alien children.—Subject to title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996[212], if the child is an alien disqualified under section 245A(h) or 210(f) of the Immigration and Nationality Act[213] from receiving aid under the State plan approved under section 402 in or for the month in which the agreement described in paragraph (2)(A)(i) was entered into or court proceedings leading to the determination described in paragraph (2)(A)(ii) were initiated, the child shall be considered to satisfy the requirements of paragraph (3), with respect to the month, if the child would have satisfied the requirements but for the disqualification.
(b) 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 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 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 475(4)).
(c) 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,[214] 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) Notwithstanding any other provision of this title, 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), only if (at the time such amounts were expended) the State has fulfilled all of the requirements of section 422(b)(8).
(e) No Federal payment may be made under this part with respect to amounts expended by any State as foster care maintenance payments under this section, in the case of any child who was removed from his or her home pursuant to a voluntary placement agreement as described in subsection (a) and has remained in voluntary placement for a period in excess of 180 days, 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) For the purposes of this part and part B of this title, (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) 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), 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)(1) For purposes of titles XIX, any child with respect to whom foster care maintenance payments are made under this section is deemed to be a dependent child as defined in section 406 (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 title (as so in effect). For purposes of title XX, any child with respect to whom foster care maintenance payments are made under this section is deemed to be a minor child in a needy family under a State program funded under part A of this title 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 475(4)(B), shall be considered a child with respect to whom foster care maintenance payments are made under this section.
(i) Administrative Costs Associated With Otherwise Eligible Children Not In Licensed Foster Care Settings.—Expenditures by a State that would be considered administrative expenditures for purposes of section 474(a)(3) if made with respect to a child who was residing in a foster family home or childcare institution shall be so considered with respect to a child not residing in such a home or institution—
(1) in the case of a child who has been removed in accordance with subsection (a) of this section from the home of a relative specified in section 406(a) (as in effect on July 16, 1996), only for expenditures—
(A) with respect to a period of not more than the lesser of 12 months or the average length of time it takes for the State to license or approve a home as a foster home, in which the child is in the home of a relative and an application is pending for licensing or approval of the home as a foster family home; or
(B) with respect to a period of not more than 1 calendar month when a child moves from a facility not eligible for payments under this part into a foster family home or child care institution licensed or approved by the State; and
(2) in the case of any other child who is potentially eligible for benefits under a State plan approved under this part and at imminent risk of removal from the home, only if—
(A) reasonable efforts are being made in accordance with section 471(a)(15) to prevent the need for, or if necessary to pursue, removal of the child from the home; and
(B) the State agency has made, not less often than every 6 months, a determination (or redetermination) as to whether the child remains at imminent risk of removal from the home.
[208] See Vol. II, P.L. 96-272, §102(e), with respect to the Secretary’s report to Congress on the placement of children in foster care pursuant to certain voluntary agreements.
[209] P.L. 110-351, §301(a)(2)(A), strikes out “or”, to be effective October 1, 2009.
[210] P.L. 110-351, §301(a)(2)(B), strikes out “and”, and substitutes “or”, to be effective October 1, 2009.
[211] P.L. 110-351, §301(a)(2)(C), adds clause (iii), to be effective October 1, 2009.
[212] See Vol. II, P.L. 104-193, §§400-435.
[213] See Vol. II, P.L. 82-414, §§210(f) and 245A(h).
[214] P.L. 110-351, §201(b), inserts “except, in the case of a child who has attained 18 years of age, the term shall include a supervised setting in which the individual is living independently, in accordance with such conditions as the Secretary shall establish in regulations,” to be effective October 1, 2010.
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Sec. 472. [42 U.S.C. 672] (a) In General.—
(1) Eligibility.—Each State with a plan approved under this part shall make foster care maintenance payments on behalf of each child who has been removed from the home of a relative specified in section 406(a) (as in effect on July 16, 1996) into foster care if—
(A) the removal and foster care placement met, and the placement continues to meet, the requirements of paragraph (2); and
(B) the child, while in the home, would have met the AFDC eligibility requirement of paragraph (3).
(2) Removal and foster care placement requirements.—The removal and foster care placement of a child meet the requirements of this paragraph if—
(A) the removal and foster care placement are in accordance with—
(i) a voluntary placement agreement entered into by a parent or legal guardian of the child who is the relative referred to in paragraph (1); or
(ii) a judicial determination to the effect that continuation in the home from which removed would be contrary to the welfare of the child and that reasonable efforts of the type described in section 471(a)(15) for a child have been made;
(B) the child’s placement and care are the responsibility of—
(i) the State agency administering the State plan approved under section 471; or[209]
(ii) any other public agency with which the State agency administering or supervising the administration of the State plan has made an agreement which is in effect; and[210]
(iii)[211] an Indian tribe or a tribal organization (as defined in section 479B(a)) or a tribal consortium that has a plan approved under section 471 in accordance with section 479B; and
(C) the child has been placed in a foster family home or child-care institution.
(3) AFDC eligibility requirement.—
(A) In general.—A child in the home referred to in paragraph (1) would have met the AFDC eligibility requirement of this paragraph if the child—
(i) would have received aid under the State plan approved under section 402 (as in effect on July 16, 1996) in the home, in or for the month in which the agreement was entered into or court proceedings leading to the determination referred to in paragraph (2)(A)(ii) of this subsection were initiated; or
(ii)(I) would have received the aid in the home, in or for the month referred to in clause (i), if application had been made therefor; or
(II) had been living in the home within 6 months before the month in which the agreement was entered into or the proceedings were initiated, and would have received the aid in or for such month, if, in such month, the child had been living in the home with the relative referred to in paragraph (1) and application for the aid had been made.
(B) Resources determination.—For purposes of subparagraph (A), in determining whether a child would have received aid under a State plan approved under section 402 (as in effect on July 16, 1996), a child whose resources (determined pursuant to section 402(a)(7)(B), as so in effect) have a combined value of not more than $10,000 shall be considered a child whose resources have a combined value of not more than $1,000 (or such lower amount as the State may determine for purposes of section 402(a)(7)(B)).
(4) Eligibility of certain alien children.—Subject to title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996[212], if the child is an alien disqualified under section 245A(h) or 210(f) of the Immigration and Nationality Act[213] from receiving aid under the State plan approved under section 402 in or for the month in which the agreement described in paragraph (2)(A)(i) was entered into or court proceedings leading to the determination described in paragraph (2)(A)(ii) were initiated, the child shall be considered to satisfy the requirements of paragraph (3), with respect to the month, if the child would have satisfied the requirements but for the disqualification.
(b) 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 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 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 475(4)).
(c) 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,[214] 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) Notwithstanding any other provision of this title, 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), only if (at the time such amounts were expended) the State has fulfilled all of the requirements of section 422(b)(8).
(e) No Federal payment may be made under this part with respect to amounts expended by any State as foster care maintenance payments under this section, in the case of any child who was removed from his or her home pursuant to a voluntary placement agreement as described in subsection (a) and has remained in voluntary placement for a period in excess of 180 days, 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) For the purposes of this part and part B of this title, (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) 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), 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)(1) For purposes of titles XIX, any child with respect to whom foster care maintenance payments are made under this section is deemed to be a dependent child as defined in section 406 (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 title (as so in effect). For purposes of title XX, any child with respect to whom foster care maintenance payments are made under this section is deemed to be a minor child in a needy family under a State program funded under part A of this title 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 475(4)(B), shall be considered a child with respect to whom foster care maintenance payments are made under this section.
(i) Administrative Costs Associated With Otherwise Eligible Children Not In Licensed Foster Care Settings.—Expenditures by a State that would be considered administrative expenditures for purposes of section 474(a)(3) if made with respect to a child who was residing in a foster family home or childcare institution shall be so considered with respect to a child not residing in such a home or institution—
(1) in the case of a child who has been removed in accordance with subsection (a) of this section from the home of a relative specified in section 406(a) (as in effect on July 16, 1996), only for expenditures—
(A) with respect to a period of not more than the lesser of 12 months or the average length of time it takes for the State to license or approve a home as a foster home, in which the child is in the home of a relative and an application is pending for licensing or approval of the home as a foster family home; or
(B) with respect to a period of not more than 1 calendar month when a child moves from a facility not eligible for payments under this part into a foster family home or child care institution licensed or approved by the State; and
(2) in the case of any other child who is potentially eligible for benefits under a State plan approved under this part and at imminent risk of removal from the home, only if—
(A) reasonable efforts are being made in accordance with section 471(a)(15) to prevent the need for, or if necessary to pursue, removal of the child from the home; and
(B) the State agency has made, not less often than every 6 months, a determination (or redetermination) as to whether the child remains at imminent risk of removal from the home.
[208] See Vol. II, P.L. 96-272, §102(e), with respect to the Secretary’s report to Congress on the placement of children in foster care pursuant to certain voluntary agreements.
[209] P.L. 110-351, §301(a)(2)(A), strikes out “or”, to be effective October 1, 2009.
[210] P.L. 110-351, §301(a)(2)(B), strikes out “and”, and substitutes “or”, to be effective October 1, 2009.
[211] P.L. 110-351, §301(a)(2)(C), adds clause (iii), to be effective October 1, 2009.
[212] See Vol. II, P.L. 104-193, §§400-435.
[213] See Vol. II, P.L. 82-414, §§210(f) and 245A(h).
[214] P.L. 110-351, §201(b), inserts “except, in the case of a child who has attained 18 years of age, the term shall include a supervised setting in which the individual is living independently, in accordance with such conditions as the Secretary shall establish in regulations,” to be effective October 1, 2010.
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