
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-279 Section 205]
[CITE: 42USC622]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                       CHAPTER 7--SOCIAL SECURITY
 
 SUBCHAPTER IV--GRANTS TO STATES FOR AID AND SERVICES TO NEEDY FAMILIES 
              WITH CHILDREN AND FOR CHILD-WELFARE SERVICES
 
                    Part B--Child and Family Services
 
                    subpart 1--child welfare services
 
Sec. 622. State plans for child welfare services


(a) Joint development

    In order to be eligible for payment under this subpart, a State must 
have a plan for child welfare services which has been developed jointly 
by the Secretary and the State agency designated pursuant to subsection 
(b)(1) of this section, and which meets the requirements of subsection 
(b) of this section.

(b) Requisite features of State plans

    Each plan for child welfare services under this subpart shall--
        (1) provide that (A) the individual or agency that administers 
    or supervises the administration of the State's services program 
    under subchapter XX of this chapter will administer or supervise the 
    administration of the plan (except as otherwise provided in section 
    103(d) of the Adoption Assistance and Child Welfare Act of 1980), 
    and (B) to the extent that child welfare services are furnished by 
    the staff of the State agency or local agency administering the 
    plan, a single organizational unit in such State or local agency, as 
    the case may be, will be responsible for furnishing such child 
    welfare services;
        (2) provide for coordination between the services provided for 
    children under the plan and the services and assistance provided 
    under subchapter XX of this chapter, under the State program funded 
    under part A of this subchapter, under the State plan approved under 
    subpart 2 of this part, under the State plan approved under the 
    State plan approved \1\ under part E of this subchapter, and under 
    other State programs having a relationship to the program under this 
    subpart, with a view to provision of welfare and related services 
    which will best promote the welfare of such children and their 
    families;
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    \1\ So in original.
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        (3) provide that the standards and requirements imposed with 
    respect to child day care under subchapter XX of this chapter shall 
    apply with respect to day care services under this subpart, except 
    insofar as eligibility for such services is involved;
        (4) provide for the training and effective use of paid 
    paraprofessional staff, with particular emphasis on the full-time or 
    part-time employment of persons of low income, as community service 
    aides, in the administration of the plan, and for the use of nonpaid 
    or partially paid volunteers in providing services and in assisting 
    any advisory committees established by the State agency;
        (5) contain a description of the services to be provided and 
    specify the geographic areas where such services will be available;
        (6) contain a description of the steps which the State will take 
    to provide child welfare services and to make progress in--
            (A) covering additional political subdivisions,
            (B) reaching additional children in need of services, and
            (C) expanding and strengthening the range of existing 
        services and developing new types of services,

    along with a description of the State's child welfare services staff 
    development and training plans;
        (7) provide, in the development of services for children, for 
    utilization of the facilities and experience of voluntary agencies 
    in accordance with State and local programs and arrangements, as 
    authorized by the State;
        (8) provide that the agency administering or supervising the 
    administration of the plan will furnish such reports, containing 
    such information, and participate in such evaluations, as the 
    Secretary may require;
        (9) provide for the diligent recruitment of potential foster and 
    adoptive families that reflect the ethnic and racial diversity of 
    children in the State for whom foster and adoptive homes are needed;
        (10) provide assurances that the State--
            (A) since June 17, 1980, has completed an inventory of all 
        children who, before the inventory, had been in foster care 
        under the responsibility of the State for 6 months or more, 
        which determined--
                (i) the appropriateness of, and necessity for, the 
            foster care placement;
                (ii) whether the child could or should be returned to 
            the parents of the child or should be freed for adoption or 
            other permanent placement; and
                (iii) the services necessary to facilitate the return of 
            the child or the placement of the child for adoption or 
            legal guardianship;

            (B) is operating, to the satisfaction of the Secretary--
                (i) a statewide information system from which can be 
            readily determined the status, demographic characteristics, 
            location, and goals for the placement of every child who is 
            (or, within the immediately preceding 12 months, has been) 
            in foster care;
                (ii) a case review system (as defined in section 675(5) 
            of this title) for each child receiving foster care under 
            the supervision of the State;
                (iii) a service program designed to help children--
                    (I) where safe and appropriate, return to families 
                from which they have been removed; or
                    (II) be placed for adoption, with a legal guardian, 
                or, if adoption or legal guardianship is determined not 
                to be appropriate for a child, in some other planned, 
                permanent living arrangement; and

                (iv) a preplacement preventive services program designed 
            to help children at risk of foster care placement remain 
            safely with their families; and

            (C)(i) has reviewed (or within 12 months after October 31, 
        1994, will review) State policies and administrative and 
        judicial procedures in effect for children abandoned at or 
        shortly after birth (including policies and procedures providing 
        for legal representation of such children); and
            (ii) is implementing (or within 24 months after October 31, 
        1994, will implement) such policies and procedures as the State 
        determines, on the basis of the review described in clause (i), 
        to be necessary to enable permanent decisions to be made 
        expeditiously with respect to the placement of such children;

        (11) contain a description, developed after consultation with 
    tribal organizations (as defined in section 450b of title 25) in the 
    State, of the specific measures taken by the State to comply with 
    the Indian Child Welfare Act [25 U.S.C. 1901 et seq.]; and
        (12) contain assurances that the State shall develop plans for 
    the effective use of cross-jurisdictional resources to facilitate 
    timely adoptive or permanent placements for waiting children.

(Aug. 14, 1935, ch. 531, title IV, Sec. 422, as added and amended Pub. 
L. 90-248, title II, Sec. 240(c), (d), Jan. 2, 1968, 81 Stat. 912, 915; 
Pub. L. 93-647, Sec. 3(a)(6), (7), (h), Jan. 4, 1975, 88 Stat. 2348, 
2349; Pub. L. 96-272, title I, Sec. 103(a), June 17, 1980, 94 Stat. 517; 
Pub. L. 101-239, title X, Sec. 10403(b)(1), Dec. 19, 1989, 103 Stat. 
2488; Pub. L. 103-66, title XIII, Sec. 13711(b)(1), Aug. 10, 1993, 107 
Stat. 655; Pub. L. 103-382, title V, Sec. 554, 108 Stat. 4057; Pub. L. 
103-432, title II, Secs. 202(a), 204(a), Oct. 31, 1994, 108 Stat. 4453, 
4456; Pub. L. 104-193, title I, Sec. 108(b), Aug. 22, 1996, 110 Stat. 
2165; Pub. L. 105-33, title V, Sec. 5592(a)(1)(A), (2), Aug. 5, 1997, 
111 Stat. 644; Pub. L. 105-89, title I, Sec. 102(1), title II, 
Sec. 202(a), Nov. 19, 1997, 111 Stat. 2117, 2125; Pub. L. 105-200, title 
IV, Sec. 410(b), July 16, 1998, 112 Stat. 673.)

                       References in Text

    Section 103(d) of the Adoption Assistance and Child Welfare Act of 
1980, referred to in subsec. (b)(1), is section 103(d) of Pub. L. 96-
272, which is set out as a note below.
    Parts A and E of this subchapter, referred to in subsec. (b)(2), are 
classified to sections 601 et seq. and 670 et seq. of this title.
    The Indian Child Welfare Act, referred to in subsec. (b)(10), 
probably means the Indian Child Welfare Act of 1978, Pub. L. 95-608, 
Nov. 8, 1978, 92 Stat. 3069, as amended, which is classified principally 
to chapter 21 (Sec. 1901 et seq.) of Title 25, Indians. For complete 
classification of this Act to the Code, see Short Title note set out 
under section 1901 of Title 25 and Tables.


                               Amendments

    1998--Subsec. (b)(2). Pub. L. 105-200 struck out ``under'' before 
``the State plan approved under part E of this subchapter''.
    1997--Subsec. (b)(9). Pub. L. 105-33, Sec. 5592(a)(2), made 
technical amendment to directory language of Pub. L. 103-432, 
Sec. 204(a)(2). See 1994 Amendment note below.
    Pub. L. 105-33, Sec. 5592(a)(1)(A)(iii), redesignated par. (9), 
relating to providing assurances that the State has met certain 
requirements to protect foster children, as (10).
    Pub. L. 105-33, Sec. 5592(a)(1)(A)(i), amended par. (9) relating to 
diligent recruitment of potential foster and adoptive families by 
substituting a semicolon for period at end.
    Subsec. (b)(10). Pub. L. 105-33, Sec. 5592(a)(1)(A)(iii), 
redesignated par. (9), relating to providing assurances that the State 
has met certain requirements to protect foster children, as (10). Former 
par. (10) redesignated (11).
    Subsec. (b)(10)(B). Pub. L. 105-89, Sec. 102(1), in cl. (iii)(I) 
inserted ``safe and'' after ``where'' and in cl. (iv) inserted 
``safely'' after ``remain''.
    Subsec. (b)(11). Pub. L. 105-33, Sec. 5592(a)(1)(A)(ii), 
redesignated par. (10) as (11).
    Subsec. (b)(12). Pub. L. 105-89, Sec. 202(a), added par. (12).
    1996--Subsec. (b)(2). Pub. L. 104-193 substituted ``program funded 
under part A of this subchapter'' for ``plan approved under part A of 
this subchapter'' and ``under the State plan approved under part E of 
this subchapter'' for ``part E of this subchapter''.
    1994--Subsec. (b)(7). Pub. L. 103-432, Sec. 202(a)(1), which 
directed amendment of par. (7) by striking out ``and'' at end, could not 
be executed because ``and'' did not appear at end subsequent to 
amendment by Pub. L. 103-382, Sec. 554(1). See below.
    Pub. L. 103-382, Sec. 554(1), struck out ``and'' at end.
    Subsec. (b)(8). Pub. L. 103-432, Sec. 204(a)(1), struck out ``and'' 
at end.
    Pub. L. 103-432, Sec. 202(a)(2), which directed amendment of par. 
(8) by substituting ``; and'' for period at end, could not be executed 
because there was no period at end subsequent to amendment by Pub. L. 
103-382, Sec. 554(2). See below.
    Pub. L. 103-382, Sec. 554(2), substituted ``; and'' for period at 
end.
    Subsec. (b)(9). Pub. L. 103-432, Sec. 204(a)(2), as amended by Pub. 
L. 105-33, Sec. 5592(a)(2), substituted ``; and'' for period at end of 
par. (9) relating to providing assurances that the State has met certain 
requirements to protect foster children.
    Pub. L. 103-432, Sec. 202(a)(3), added par. (9) relating to 
providing assurances that the State has met certain requirements to 
protect foster children.
    Pub. L. 103-382, Sec. 554(3), added par. (9) relating to diligent 
recruitment of potential foster and adoptive families.
    Subsec. (b)(10). Pub. L. 103-432, Sec. 204(a)(3), added par. (10).
    1993--Subsec. (a). Pub. L. 103-66, Sec. 13711(b)(1)(A), substituted 
``under this subpart'' for ``under this part''.
    Subsec. (b). Pub. L. 103-66, Sec. 13711(b)(1)(B), substituted ``this 
subpart'' for ``this part'' in introductory provisions.
    Subsec. (b)(2). Pub. L. 103-66, Sec. 13711(b)(1)(B), (C), inserted 
``under the State plan approved under subpart 2 of this part,'' after 
``part A of this subchapter,'' and substituted ``under this subpart'' 
for ``under this part''.
    Subsec. (b)(3). Pub. L. 103-66, Sec. 13711(b)(1)(B), substituted 
``under this subpart'' for ``under this part''.
    1989--Subsec. (b)(1)(A). Pub. L. 101-239 substituted ``the 
individual or agency that administers or supervises the administration 
of the State's services program under subchapter XX of this chapter'' 
for ``the individual or agency designated pursuant to section 
1397b(d)(1)(C) of this title to administer or supervise the 
administration of the State's services program''.
    1980--Pub. L. 96-272 substituted provisions relating to State plans 
covering child welfare services for provisions relating to the payments 
to States and the computation of amounts. See section 623 of this title.
    1975--Subsec. (a)(1)(A)(i). Pub. L. 93-647, Sec. 3(a)(6), 
substituted ``the individual or agency designated pursuant to section 
1397b(d)(1)(C) of this title to administer or supervise the 
administration of the State's services program'' for ``the State agency 
designated pursuant to section 602(a)(3) of this title to administer or 
supervise the administration of the plan of the State approved under 
part A of this subchapter''.
    Subsec. (a)(i)(A)(ii). Pub. L. 93-647, Sec. 3(a)(7), substituted ``a 
single organizational unit in such State or local agency, as the case 
may be,'' for ``the organizational unit in such State or local agency 
established pursuant to section 602(a)(15) of this title''.
    Subsec. (c). Pub. L. 93-647, Sec. 3(h), added subsec. (c).
    1968--Subsec. (a)(1). Pub. L. 90-248, Sec. 240(d), added subpar. (A) 
and redesignated former subpars. (A) and (B) as (B) and (C), 
respectively.


                    Effective Date of 1997 Amendments

    Section 501 of Pub. L. 105-89 provided that:
    ``(a) In General.--Except as otherwise provided in this Act 
[enacting sections 673b, 678, and 679b of this title, amending this 
section, sections 603, 629, 629a, 629b, 653, 671 to 673, 674, 675, 677, 
and 1320a-9 of this title, and sections 645 and 901 of Title 2, The 
Congress, enacting provisions set out as notes under sections 613, 629a, 
671, 673, 675, 679b, 1305, 1320a-9, 5111, and 5113 of this title, and 
amending provisions set out as a note under section 670 of this title], 
the amendments made by this Act take effect on the date of enactment of 
this Act [Nov. 19, 1997].
    ``(b) Delay Permitted if State Legislation Required.--In the case of 
a State plan under part B or E of title IV of the Social Security Act 
[this part and part E of this subchapter] which the Secretary of Health 
and Human Services determines requires State legislation (other than 
legislation appropriating funds) in order for the plan to meet the 
additional requirements imposed by the amendments made by this Act, the 
State plan shall not be regarded as failing to comply with the 
requirements of such part solely on the basis of the failure of the plan 
to meet such additional requirements before the first day of the first 
calendar quarter beginning after the close of the first regular session 
of the State legislature that begins after the date of enactment of this 
Act [Nov. 19, 1997]. For purposes of the previous sentence, in the case 
of a State that has a 2-year legislative session, each year of such 
session shall be deemed to be a separate regular session of the State 
legislature.''
    Section 5593 of title V of Pub. L. 105-33 provided that: ``The 
amendments made by this chapter [chapter 5 (Secs. 5591-5593) of subtitle 
F of title V of Pub. L. 105-33, amending this section and sections 624, 
625, 628b, 671, and 672 of this title] shall take effect as if included 
in the enactment of title V of the Personal Responsibility and Work 
Opportunity Reconciliation Act of 1996 (Public Law 104-193; 110 Stat. 
2277).''


                    Effective Date of 1996 Amendment

    Amendment by Pub. L. 104-193 effective July 1, 1997, with transition 
rules relating to State options to accelerate such date, rules relating 
to claims, actions, and proceedings commenced before such date, rules 
relating to closing out of accounts for terminated or substantially 
modified programs and continuance in office of Assistant Secretary for 
Family Support, and provisions relating to termination of entitlement 
under AFDC program, see section 116 of Pub. L. 104-193, as amended, set 
out as an Effective Date note under section 601 of this title.


                    Effective Date of 1994 Amendment

    Section 202(e) of Pub. L. 103-432 provided that: ``The amendments 
and repeal made by this section [amending this section and sections 623 
to 625 and 672 of this title and repealing section 627 of this title] 
shall be effective with respect to fiscal years beginning on or after 
April 1, 1996.''
    Section 204(b) of Pub. L. 103-432 provided that: ``The amendments 
made by subsection (a) [amending this section] shall be effective with 
respect to fiscal years beginning on or after October 1, 1995.''


                    Effective Date of 1993 Amendment

    Section 13711(c) of Pub. L. 103-66 provided that: ``The amendments 
made by this section [enacting sections 629 to 629e of this title and 
amending this section and sections 623, 628, and 671 of this title] 
shall be effective with respect to calendar quarters beginning on or 
after October 1, 1993.''


                    Effective Date of 1989 Amendment

    Section 10403(b)(2) of Pub. L. 101-239 provided that: ``The 
amendment made by paragraph (1) [amending this section] shall take 
effect as if such amendment had been included in section 1883(e)(1) of 
the Tax Reform Act of 1986 [Pub. L. 99-514, amending section 1397b of 
this title] on the date of the enactment of such Act [Oct. 22, 1986].''


                    Effective Date of 1975 Amendment

    Amendment by section 3 of Pub. L. 93-647 effective with respect to 
payments under sections 603 and 803 of this title for quarters 
commencing after Sept. 30, 1975, except that amendment by section 3(a) 
of Pub. L. 93-647 not effective with respect to the Commonwealth of 
Puerto Rico, the Virgin Islands, or Guam, see section 7(b) of Pub. L. 
93-647, set out as a note under section 303 of this title.


     Effective Date of 1968 Amendment; Different State Agencies for 
            Administration of State Plans Under Parts A and B

    Section 240(e)(3) of Pub. L. 90-248 provided that: ``The amendments 
made by paragraphs (1) and (2) of subsection (d) [amending this section] 
shall become effective July 1, 1969, except that (A) if on the date of 
enactment of this Act [Jan. 2, 1968] the agency of a State administering 
its plan for child-welfare services developed under part B of title IV 
of the Social Security Act [this part] is different from the agency of 
the State designated pursuant to section 402(a)(3) of such Act [section 
602(a)(3) of this title], so much of paragraph (1) of section 422(a) of 
such Act [subsec. (a) of this section] as precedes subparagraph (B) (as 
added by paragraph (2) of such subsection (d)) shall not apply with 
respect to such agencies but only so long as such agencies of the State 
are different, and (B) if on such date the local agency administering 
the plan of a State for child-welfare services developed under part B of 
title IV of the Social Security Act [this part] is different from the 
local agency in such subdivision administering the plan of such State 
under part A of title IV of such Act [part A of this subchapter], so 
much of such paragraph (1) as precedes such subparagraph (B) shall not 
apply with respect to such local agencies but only so long as such local 
agencies are different.''


                          Findings and Purpose

    Section 552 of Pub. L. 103-382 provided that:
    ``(a) Findings.--The Congress finds that--
        ``(1) nearly 500,000 children are in foster care in the United 
    States;
        ``(2) tens of thousands of children in foster care are waiting 
    for adoption;
        ``(3) 2 years and 8 months is the median length of time that 
    children wait to be adopted;
        ``(4) child welfare agencies should work to eliminate racial, 
    ethnic, and national origin discrimination and bias in adoption and 
    foster care recruitment, selection, and placement procedures; and
        ``(5) active, creative, and diligent efforts are needed to 
    recruit foster and adoptive parents of every race, ethnicity, and 
    culture in order to facilitate the placement of children in foster 
    and adoptive homes which will best meet each child's needs.
    ``(b) Purpose.--It is the purpose of this subpart [subpart 1 of part 
E of title V of Pub. L. 103-382, enacting section 5115a of this title, 
amending this section, and enacting provisions set out as a note under 
section 1305 of this title] to promote the best interests of children 
by--
        ``(1) decreasing the length of time that children wait to be 
    adopted;
        ``(2) preventing discrimination in the placement of children on 
    the basis of race, color, or national origin; and
        ``(3) facilitating the identification and recruitment of foster 
    and adoptive families that can meet children's needs.''


Guam, Puerto Rico, Virgin Islands, and Commonwealth of Northern Mariana 
                                 Islands

    Section 103(c) of Pub. L. 96-272 provided that in the case of Guam, 
Puerto Rico, the Virgin Islands, and the Commonwealth of the Northern 
Mariana Islands, subsec. (b)(1) of this section (as otherwise amended by 
section 103(a) of Pub. L. 96-272), is deemed to read as follows:
    ``(1) provide that (A) the State agency designated pursuant to 
section 602(a)(3) of this title to administer or supervise the 
administration of the plan of the State approved under part A of this 
subchapter will administer or supervise the administration of such plan 
for child welfare services, and (B) to the extent that child welfare 
services are furnished by the staff of the State agency or local agency 
administering such plan for child welfare services, the organizational 
unit in such State or local agency established pursuant to section 
602(a)(15) of this title will be responsible for furnishing such child 
welfare services;''.


     Administration of State Plan for Child Welfare Services by Non-
                            Designated Agency

    Section 103(d) of Pub. L. 96-272 provided that: ``Notwithstanding 
section 422(b)(1) of the Social Security Act (as amended by subsection 
(a) of this section) [subsec. (b)(1) of this section] if on December 1, 
1974, the agency of a State administering its plan for child welfare 
services under part B of title IV of that Act [this part] was not the 
agency designated pursuant to section 402(a)(3) of that Act [section 
602(a)(3) of this title], such section 422(b)(1) shall not apply with 
respect to such agency, but only so long as such agency is not the 
agency designated under section 2003(d)(1)(C) of that Act [section 
1397b(d)(1)(C) of this title]; and if on December 1, 1974, the local 
agency administering the plan of a State under part B of title IV of 
that Act in a subdivision of the State was not the local agency in such 
subdivision administering the plan of such State under part A of that 
title [part A of this subchapter], such section 422(b)(1) shall not 
apply with respect to such local agency, but only so long as such local 
agency is not the local agency administering the program of the State 
for the provision of services under title XX of that Act [subchapter XX 
of this chapter].''


                      Overpayments or Underpayments

    Section 240(f)(3) of Pub. L. 90-248 provided that in the case of any 
State which has a plan developed as provided in part 3 of this 
subchapter as in effect prior to Jan. 2, 1968, sections 721 to 728 of 
this title, ``any overpayment or underpayment which the Secretary 
determines was made to the State under section 523 of the Social 
Security Act [section 723 of this title] and with respect to which 
adjustment has not then already been made under subsection (b) of such 
section shall, for purposes of section 422 of such Act [this section], 
be considered an overpayment or underpayment (as the case may be) made 
under section 422 of such Act.''

                  Section Referred to in Other Sections

    This section is referred to in sections 623, 624, 625, 672, 1320a-9 
of this title.
