
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC672]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                       CHAPTER 7--SOCIAL SECURITY
 
 SUBCHAPTER IV--GRANTS TO STATES FOR AID AND SERVICES TO NEEDY FAMILIES 
              WITH CHILDREN AND FOR CHILD-WELFARE SERVICES
 
    Part E--Federal Payments for Foster Care and Adoption Assistance
 
Sec. 672. Foster care maintenance payments program


(a) Qualifying children

    Each State with a plan approved under this part shall make foster 
care maintenance payments (as defined in section 675(4) of this title) 
under this part with respect to a child who would have met the 
requirements of section 606(a) of this title or of section 607 of this 
title (as such sections were in effect on July 16, 1996) but for his 
removal from the home of a relative (specified in section 606(a) of this 
title (as so in effect)), if--
        (1) the removal from the home occurred pursuant to a voluntary 
    placement agreement entered into by the child's parent or legal 
    guardian, or was the result of a judicial determination to the 
    effect that continuation therein would be contrary to the welfare of 
    such child and (effective October 1, 1983) that reasonable efforts 
    of the type described in section 671(a)(15) of this title for a 
    child have been made;
        (2) such child's placement and care are the responsibility of 
    (A) the State agency administering the State plan approved under 
    section 671 of this title, or (B) any other public agency with whom 
    the State agency administering or supervising the administration of 
    the State plan approved under section 671 of this title has made an 
    agreement which is still in effect;
        (3) such child has been placed in a foster family home or child-
    care institution as a result of the voluntary placement agreement or 
    judicial determination referred to in paragraph (1); and
        (4) such child--
            (A) would have received aid under the State plan approved 
        under section 602 of this title (as in effect on July 16, 1996) 
        in or for the month in which such agreement was entered into or 
        court proceedings leading to the removal of such child from the 
        home were initiated, or
            (B)(i) would have received such aid in or for such month if 
        application had been made therefor, or (ii) had been living with 
        a relative specified in section 606(a) of this title (as in 
        effect on July 16, 1996) within six months prior to the month in 
        which such agreement was entered into or such proceedings were 
        initiated, and would have received such aid in or for such month 
        if in such month he had been living with such a relative and 
        application therefor had been made.

In any case where the child is an alien disqualified under section 
1255a(h), 1160(f), or 1161(d)(7) \1\ of title 8 from receiving aid under 
the State plan approved under section 602 of this title in or for the 
month in which such agreement was entered into or court proceedings 
leading to the removal of the child from the home were instituted, such 
child shall be considered to satisfy the requirements of paragraph (4) 
(and the corresponding requirements of section 673(a)(2)(B) of this 
title), with respect to that month, if he or she would have satisfied 
such requirements but for such disqualification. In determining whether 
a child would have received aid under a State plan approved under 
section 602 of this title (as in effect on July 16, 1996), a child whose 
resources (determined pursuant to section 602(a)(7)(B) of this title, as 
so in effect) have a combined value of not more than $10,000 shall be 
considered to be a child whose resources have a combined value of not 
more than $1,000 (or such lower amount as the State may determine for 
purposes of such section 602(a)(7)(B) of this title).
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    \1\ See References in Text note below.
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(b) Additional qualifications

    Foster care maintenance payments may be made under this part only on 
behalf of a child described in subsection (a) of this section who is--
        (1) in the foster family home of an individual, whether the 
    payments therefor are made to such individual or to a public or 
    nonprofit private child-placement or child-care agency, or
        (2) in a child-care institution, whether the payments therefor 
    are made to such institution or to a public or nonprofit private 
    child-placement or child-care agency, which payments shall be 
    limited so as to include in such payments only those items which are 
    included in the term ``foster care maintenance payments'' (as 
    defined in section 675(4) of this title).

(c) ``Foster family home'' and ``child-care institution'' defined

    For the purposes of this part, (1) the term ``foster family home'' 
means a foster family home for children which is licensed by the State 
in which it is situated or has been approved, by the agency of such 
State having responsibility for licensing homes of this type, as meeting 
the standards established for such licensing; and (2) the term ``child-
care institution'' means a private child-care institution, or a public 
child-care institution which accommodates no more than twenty-five 
children, which is licensed by the State in which it is situated or has 
been approved, by the agency of such State responsible for licensing or 
approval of institutions of this type, as meeting the standards 
established for such licensing, but the term shall not include detention 
facilities, forestry camps, training schools, or any other facility 
operated primarily for the detention of children who are determined to 
be delinquent.

(d) Children removed from their homes pursuant to voluntary placement 
        agreements

    Notwithstanding any other provision of this subchapter, Federal 
payments may be made under this part with respect to amounts expended by 
any State as foster care maintenance payments under this section, in the 
case of children removed from their homes pursuant to voluntary 
placement agreements as described in subsection (a) of this section, 
only if (at the time such amounts were expended) the State has fulfilled 
all of the requirements of section 622(b)(10) of this title.

(e) Placements in best interest of child

    No Federal payment may be made under this part with respect to 
amounts expended by any State as foster care maintenance payments under 
this section, in the case of any child who was removed from his or her 
home pursuant to a voluntary placement agreement as described in 
subsection (a) of this section and has remained in voluntary placement 
for a period in excess of 180 days, unless there has been a judicial 
determination by a court of competent jurisdiction (within the first 180 
days of such placement) to the effect that such placement is in the best 
interests of the child.

(f) ``Voluntary placement'' and ``voluntary placement agreement'' 
        defined

    For the purposes of this part and part B of this subchapter, (1) the 
term ``voluntary placement'' means an out-of-home placement of a minor, 
by or with participation of a State agency, after the parents or 
guardians of the minor have requested the assistance of the agency and 
signed a voluntary placement agreement; and (2) the term ``voluntary 
placement agreement'' means a written agreement, binding on the parties 
to the agreement, between the State agency, any other agency acting on 
its behalf, and the parents or guardians of a minor child which 
specifies, at a minimum, the legal status of the child and the rights 
and obligations of the parents or guardians, the child, and the agency 
while the child is in placement.

(g) Revocation of voluntary placement agreement

    In any case where--
        (1) the placement of a minor child in foster care occurred 
    pursuant to a voluntary placement agreement entered into by the 
    parents or guardians of such child as provided in subsection (a) of 
    this section, and
        (2) such parents or guardians request (in such manner and form 
    as the Secretary may prescribe) that the child be returned to their 
    home or to the home of a relative,

the voluntary placement agreement shall be deemed to be revoked unless 
the State agency opposes such request and obtains a judicial 
determination, by a court of competent jurisdiction, that the return of 
the child to such home would be contrary to the child's best interests.

(h) Aid for dependent children; assistance for minor children in needy 
        families

    (1) For purposes of subchapter XIX of this chapter, any child with 
respect to whom foster care maintenance payments are made under this 
section is deemed to be a dependent child as defined in section 606 of 
this title (as in effect as of July 16, 1996) and deemed to be a 
recipient of aid to families with dependent children under part A of 
this subchapter (as so in effect). For purposes of subchapter XX of this 
chapter, any child with respect to whom foster care maintenance payments 
are made under this section is deemed to be a minor child in a needy 
family under a State program funded under part A of this subchapter and 
is deemed to be a recipient of assistance under such part.
    (2) For purposes of paragraph (1), a child whose costs in a foster 
family home or child care institution are covered by the foster care 
maintenance payments being made with respect to the child's minor 
parent, as provided in section 675(4)(B) of this title, shall be 
considered a child with respect to whom foster care maintenance payments 
are made under this section.

(Aug. 14, 1935, ch. 531, title IV, Sec. 472, as added and amended Pub. 
L. 96-272, title I, Secs. 101(a)(1), 102(a)(1), (2), June 17, 1980, 94 
Stat. 503, 513, 514; Pub. L. 99-603, title II, Sec. 201(b)(2)(A), title 
III, Secs. 302(b)(2), 303(e)(2), Nov. 6, 1986, 100 Stat. 3403, 3422, 
3431; Pub. L. 100-203, title IX, Secs. 9133(b)(2), 9139(a), Dec. 22, 
1987, 101 Stat. 1330-314, 1330-321; Pub. L. 103-432, title II, 
Sec. 202(d)(3), Oct. 31, 1994, 108 Stat. 4454; Pub. L. 104-193, title I, 
Sec. 108(d)(3), (4), title V, Sec. 501, Aug. 22, 1996, 110 Stat. 2166, 
2277; Pub. L. 105-33, title V, Secs. 5513(b)(1), (2), 5592(b), Aug. 5, 
1997, 111 Stat. 620, 644; Pub. L. 105-89, title I, Sec. 101(c), Nov. 19, 
1997, 111 Stat. 2117; Pub. L. 106-169, title I, Sec. 111, Dec. 14, 1999, 
113 Stat. 1829.)

                       References in Text

    Section 1161 of title 8, referred to in subsec. (a), was repealed by 
Pub. L. 103-416, title II, Sec. 219(ee)(1), Oct. 25, 1994, 108 Stat. 
4319.
    Parts A and B of this subchapter, referred to in subsecs. (f) and 
(h), are classified to sections 601 et seq. and 620 et seq., 
respectively, of this title.


                               Amendments

    1999--Subsec. (a). Pub. L. 106-169 inserted at end ``In determining 
whether a child would have received aid under a State plan approved 
under section 602 of this title (as in effect on July 16, 1996), a child 
whose resources (determined pursuant to section 602(a)(7)(B) of this 
title, as so in effect) have a combined value of not more than $10,000 
shall be considered to be a child whose resources have a combined value 
of not more than $1,000 (or such lower amount as the State may determine 
for purposes of such section 602(a)(7)(B) of this title).
    1997--Subsec. (a). Pub. L. 105-33, Sec. 5513(b)(1), substituted 
``July 16, 1996'' for ``June 1, 1995'' in introductory provisions.
    Subsec. (a)(1). Pub. L. 105-89 inserted ``for a child'' before 
``have been made;''.
    Subsec. (a)(4). Pub. L. 105-33, Sec. 5513(b)(1), substituted ``July 
16, 1996'' for ``June 1, 1995'' in subpars. (A) and (B).
    Subsec. (d). Pub. L. 105-33, Sec. 5592(b), substituted ``section 
622(b)(10)'' for ``section 622(b)(9)''.
    Subsec. (h)(1). Pub. L. 105-33, Sec. 5513(b)(2), substituted ``July 
16, 1996'' for ``June 1, 1995''.
    1996--Subsec. (a). Pub. L. 104-193, Sec. 108(d)(3)(A), in 
introductory provisions, substituted ``would have met the requirements'' 
for ``would meet the requirements'' and inserted ``(as such sections 
were in effect on June 1, 1995)'' after ``section 607 of this title'' 
and ``(as so in effect)'' after ``section 606(a) of this title''.
    Subsec. (a)(4)(A). Pub. L. 104-193, Sec. 108(d)(3)(B)(i), 
substituted ``would have received aid'' for ``received aid'' and 
inserted ``(as in effect on June 1, 1995)'' after ``section 602 of this 
title''.
    Subsec. (a)(4)(B)(ii). Pub. L. 104-193, Sec. 108(d)(3)(B)(ii), 
inserted ``(as in effect on June 1, 1995)'' after ``section 606(a) of 
this title''.
    Subsec. (c)(2). Pub. L. 104-193, Sec. 501, struck out ``nonprofit'' 
before ``private child-care institution.''
    Subsec. (h). Pub. L. 104-193, Sec. 108(d)(4), amended subsec. (h) 
generally. Prior to amendment, subsec. (h) read as follows: ``For 
purposes of subchapters XIX and XX of this chapter, any child with 
respect to whom foster care maintenance payments are made under this 
section shall be deemed to be a dependent child as defined in section 
606 of this title and shall be deemed to be a recipient of aid to 
families with dependent children under part A of this subchapter. For 
purposes of the preceding sentence, a child whose costs in a foster 
family home or child-care institution are covered by the foster care 
maintenance payments being made with respect to his or her minor parent, 
as provided in section 675(4)(B) of this title, shall be considered a 
child with respect to whom foster care maintenance payments are made 
under this section.''
    1994--Subsec. (d). Pub. L. 103-432 substituted ``section 622(b)(9) 
of this title'' for ``section 627(b) of this title''.
    1987--Subsec. (a). Pub. L. 100-203, Sec. 9139(a), substituted 
``section 673(a)(2)(B) of this title'' for ``section 673(a)(1)(B) of 
this title''.
    Subsec. (h). Pub. L. 100-203, Sec. 9133(b)(2), inserted sentence at 
end.
    1986--Subsec. (a). Pub. L. 99-603, Sec. 303(e)(2), inserted in 
closing provisions reference to cases in which a child is an alien 
disqualified under section 1161(d)(7) of title 8.
    Pub. L. 99-603, Sec. 302(b)(2), inserted in closing provisions 
reference to cases in which a child is an alien disqualified under 
section 1160(f) of title 8.
    Pub. L. 99-603, Sec. 201(b)(2)(A), inserted closing provisions: ``In 
any case where the child is an alien disqualified under section 1255a(h) 
of title 8 from receiving aid under the State plan approved under 
section 602 of this title in or for the month in which such agreement 
was entered into or court proceedings leading to the removal of the 
child from the home were instituted, such child shall be considered to 
satisfy the requirements of paragraph (4) (and the corresponding 
requirements of section 673(a)(1)(B) of this title), with respect to 
that month, if he or she would have satisfied such requirements but for 
such disqualification.''
    1980--Subsec. (a). Pub. L. 96-272, Sec. 102(a)(1), inserted 
provisions relating to voluntary placement agreements entered into by a 
child's parent or legal guardian.
    Subsecs. (d) to (h). Pub. L. 96-272, Sec. 102(a)(2), added subsecs. 
(d) to (g). Former subsec. (d) was redesignated (h).


                    Effective Date of 1997 Amendments

    Amendment by Pub. L. 105-89 effective Nov. 19, 1997, except as 
otherwise provided, with delay permitted if State legislation is 
required, see section 501 of Pub. L. 105-89, set out as a note under 
section 622 of this title.
    Amendment by section 5513(b)(1), (2) of Pub. L. 105-33 effective as 
if included in section 108 of the Personal Responsibility and Work 
Opportunity Reconciliation Act of 1996, Pub. L. 104-193, at the time 
such section 108 became law, see section 5518(b) of Pub. L. 105-33, set 
out as a note under section 652 of this title.
    Amendment by section 5592(b) of Pub. L. 105-33 effective as if 
included in the enactment of title V of the Personal Responsibility and 
Work Opportunity Reconciliation Act of 1996, Pub. L. 104-193, see 
section 5593 of Pub. L. 105-33, set out as a note under section 622 of 
this title.


                    Effective Date of 1996 Amendment

    Amendment by section 108(d)(3), (4) of Pub. L. 104-193 effective 
July 1, 1997, with transition rules relating to State options to 
accelerate such date, rules relating to claims, actions, and proceedings 
commenced before such date, rules relating to closing out of accounts 
for terminated or substantially modified programs and continuance in 
office of Assistant Secretary for Family Support, and provisions 
relating to termination of entitlement under AFDC program, see section 
116 of Pub. L. 104-193, as amended, set out as an Effective Date note 
under section 601 of this title.


                    Effective Date of 1994 Amendment

    Amendment by Pub. L. 103-432 effective with respect to fiscal years 
beginning on or after Apr. 1, 1996, see section 202(e) of Pub. L. 103-
432, set out as a note under section 622 of this title.


                    Effective Date of 1987 Amendment

    Section 9133(c) of Pub. L. 100-203 provided that: ``The amendments 
made by this section [amending this section and sections 602, 673, and 
675 of this title] shall become effective April 1, 1988.''


                    Effective Date of 1980 Amendment

    Section 102(a)(1) of Pub. L. 96-272, as amended by Pub. L. 98-118, 
Sec. 3(a), Oct. 11, 1983, 97 Stat. 803; Pub. L. 98-617, Sec. 4(c)(1), 
Nov. 8, 1984, 98 Stat. 3297; Pub. L. 99-272, title XII, 12306(c)(1), 
Apr. 7, 1986, 100 Stat. 294; Pub. L. 100-203, title IX, Sec. 9131(a)(1), 
Dec. 22, 1987, 101 Stat. 1330-313, provided that the amendment made by 
that section is effective with respect to expenditures made after Sept. 
30, 1980.
    Section 102(c) of Pub. L. 96-272, as amended by Pub. L. 98-118, 
Sec. 3(b), Oct. 11, 1983, 97 Stat. 803; Pub. L. 98-617, Sec. 4(c)(2), 
Nov. 8, 1984, 98 Stat. 3297; Pub. L. 99-272, title XII, 
Sec. 12306(c)(2), Apr. 7, 1986, 100 Stat. 294; Pub. L. 100-203, title 
IX, Sec. 9131(a)(2), Dec. 22, 1987, 101 Stat. 1330-313, provided that: 
``The amendments made by subsections (a) and (b) [amending this section 
and sections 608, 673, and 675 of this title] shall be effective only 
with respect to expenditures made after September 30, 1979.''
    [Section 9131(b) of Pub. L. 100-203 provided that: ``The amendments 
made by subsection (a) [amending section 102(a)(1), (c), and (e) of Pub. 
L. 96-272, set out as notes under this section] shall become effective 
October 1, 1987.'']


           Children Voluntarily Removed From Home of Relative

    Section 102(d)(1) of Pub. L. 96-272 provided that: ``For purposes of 
section 472 of the Social Security Act [this section], a child who was 
voluntarily removed from the home of a relative and who had a judicial 
determination prior to October 1, 1978, to the effect that continuation 
therein would be contrary to the welfare of such child, shall be deemed 
to have been so removed as a result of such judicial determination if, 
and from the date that, a case plan and a review meeting the 
requirements of section 471(a)(16) of such Act [section 671(a)(16) of 
this title] have been made with respect to such child and such child is 
determined to be in need of foster care as a result of such review. In 
the case of any child described in the preceding sentence, for purposes 
of section 472(a)(4) of such Act [subsec. (a)(4) of this section], the 
date of the voluntary removal shall be deemed to be the date on which 
court proceedings are initiated which led to such removal.''


 Annual Report to Congress of Number of Children Placed in Foster Care 
               Pursuant to Voluntary Placement Agreements

    Section 102(e) of Pub. L. 96-272, as amended by Pub. L. 100-203, 
title IX, Sec. 9131(a)(3), Dec. 22, 1987, 101 Stat. 1330-313, provided 
that: ``The Secretary of Health, Education, and Welfare [now Health and 
Human Services], within three months after the close of each fiscal 
year, shall submit to the Congress a full and complete report on the 
number of children placed in foster care pursuant to voluntary placement 
agreements under sections 408 and 472 of the Social Security Act [this 
section and section 608 of this title] and on the reasons for such 
placements together with a description of the extent to which such 
placements have contributed to the achievement of the objectives of this 
title [title I of Pub. L. 96-272], including such recommendations as he 
may deem appropriate with respect to the continuation (in such section 
472) of authority to make Federal payments for dependent children 
voluntarily placed in foster care.''

                  Section Referred to in Other Sections

    This section is referred to in sections 602, 671, 673, 674, 675, 
1382, 1396v of this title.
