
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: 42USC675]

 
                 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. 675. Definitions

    As used in this part or part B of this subchapter:
        (1) The term ``case plan'' means a written document which 
    includes at least the following:
            (A) A description of the type of home or institution in 
        which a child is to be placed, including a discussion of the 
        safety and appropriateness of the placement and how the agency 
        which is responsible for the child plans to carry out the 
        voluntary placement agreement entered into or judicial 
        determination made with respect to the child in accordance with 
        section 672(a)(1) of this title.
            (B) A plan for assuring that the child receives safe and 
        proper care and that services are provided to the parents, 
        child, and foster parents in order to improve the conditions in 
        the parents' home, facilitate return of the child to his own 
        safe home or the permanent placement of the child, and address 
        the needs of the child while in foster care, including a 
        discussion of the appropriateness of the services that have been 
        provided to the child under the plan.
            (C) To the extent available and accessible, the health and 
        education records of the child, including--
                (i) the names and addresses of the child's health and 
            educational providers;
                (ii) the child's grade level performance;
                (iii) the child's school record;
                (iv) assurances that the child's placement in foster 
            care takes into account proximity to the school in which the 
            child is enrolled at the time of placement;
                (v) a record of the child's immunizations;
                (vi) the child's known medical problems;
                (vii) the child's medications; and
                (viii) any other relevant health and education 
            information concerning the child determined to be 
            appropriate by the State agency.

            (D) Where appropriate, for a child age 16 or over, a written 
        description of the programs and services which will help such 
        child prepare for the transition from foster care to independent 
        living.
            (E) In the case of a child with respect to whom the 
        permanency plan is adoption or placement in another permanent 
        home, documentation of the steps the agency is taking to find an 
        adoptive family or other permanent living arrangement for the 
        child, to place the child with an adoptive family, a fit and 
        willing relative, a legal guardian, or in another planned 
        permanent living arrangement, and to finalize the adoption or 
        legal guardianship. At a minimum, such documentation shall 
        include child specific recruitment efforts such as the use of 
        State, regional, and national adoption exchanges including 
        electronic exchange systems.

        (2) The term ``parents'' means biological or adoptive parents or 
    legal guardians, as determined by applicable State law.
        (3) The term ``adoption assistance agreement'' means a written 
    agreement, binding on the parties to the agreement, between the 
    State agency, other relevant agencies, and the prospective adoptive 
    parents of a minor child which at a minimum (A) specifies the nature 
    and amount of any payments, services, and assistance to be provided 
    under such agreement, and (B) stipulates that the agreement shall 
    remain in effect regardless of the State of which the adoptive 
    parents are residents at any given time. The agreement shall contain 
    provisions for the protection (under an interstate compact approved 
    by the Secretary or otherwise) of the interests of the child in 
    cases where the adoptive parents and child move to another State 
    while the agreement is effective.
        (4)(A) The term ``foster care maintenance payments'' means 
    payments to cover the cost of (and the cost of providing) food, 
    clothing, shelter, daily supervision, school supplies, a child's 
    personal incidentals, liability insurance with respect to a child, 
    and reasonable travel to the child's home for visitation. In the 
    case of institutional care, such term shall include the reasonable 
    costs of administration and operation of such institution as are 
    necessarily required to provide the items described in the preceding 
    sentence.
        (B) In cases where--
            (i) a child placed in a foster family home or child-care 
        institution is the parent of a son or daughter who is in the 
        same home or institution, and
            (ii) payments described in subparagraph (A) are being made 
        under this part with respect to such child,

    the foster care maintenance payments made with respect to such child 
    as otherwise determined under subparagraph (A) shall also include 
    such amounts as may be necessary to cover the cost of the items 
    described in that subparagraph with respect to such son or daughter.
        (5) The term ``case review system'' means a procedure for 
    assuring that--
            (A) each child has a case plan designed to achieve placement 
        in a safe setting that is the least restrictive (most family 
        like) and most appropriate setting available and in close 
        proximity to the parents' home, consistent with the best 
        interest and special needs of the child, which--
                (i) if the child has been placed in a foster family home 
            or child-care institution a substantial distance from the 
            home of the parents of the child, or in a State different 
            from the State in which such home is located, sets forth the 
            reasons why such placement is in the best interests of the 
            child, and
                (ii) if the child has been placed in foster care outside 
            the State in which the home of the parents of the child is 
            located, requires that, periodically, but not less 
            frequently than every 12 months, a caseworker on the staff 
            of the State agency of the State in which the home of the 
            parents of the child is located, or of the State in which 
            the child has been placed, visit such child in such home or 
            institution and submit a report on such visit to the State 
            agency of the State in which the home of the parents of the 
            child is located,

            (B) the status of each child is reviewed periodically but no 
        less frequently than once every six months by either a court or 
        by administrative review (as defined in paragraph (6)) in order 
        to determine the safety of the child, the continuing necessity 
        for and appropriateness of the placement, the extent of 
        compliance with the case plan, and the extent of progress which 
        has been made toward alleviating or mitigating the causes 
        necessitating placement in foster care, and to project a likely 
        date by which the child may be returned to and safely maintained 
        in the home or placed for adoption or legal guardianship,
            (C) with respect to each such child, procedural safeguards 
        will be applied, among other things, to assure each child in 
        foster care under the supervision of the State of a permanency 
        hearing to be held, in a family or juvenile court or another 
        court (including a tribal court) of competent jurisdiction, or 
        by an administrative body appointed or approved by the court, no 
        later than 12 months after the date the child is considered to 
        have entered foster care (as determined under subparagraph (F)) 
        (and not less frequently than every 12 months thereafter during 
        the continuation of foster care), which hearing shall determine 
        the permanency plan for the child that includes whether, and if 
        applicable when, the child will be returned to the parent, 
        placed for adoption and the State will file a petition for 
        termination of parental rights, or referred for legal 
        guardianship, or (in cases where the State agency has documented 
        to the State court a compelling reason for determining that it 
        would not be in the best interests of the child to return home, 
        be referred for termination of parental rights, or be placed for 
        adoption, with a fit and willing relative, or with a legal 
        guardian) placed in another planned permanent living arrangement 
        and, in the case of a child described in subparagraph (A)(ii), 
        whether the out-of-State placement continues to be appropriate 
        and in the best interests of the child, and, in the case of a 
        child who has attained age 16, the services needed to assist the 
        child to make the transition from foster care to independent 
        living; and procedural safeguards shall also be applied with 
        respect to parental rights pertaining to the removal of the 
        child from the home of his parents, to a change in the child's 
        placement, and to any determination affecting visitation 
        privileges of parents; \1\
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    \1\ So in original. The semicolon probably should be a comma.
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            (D) a child's health and education record (as described in 
        paragraph (1)(A)) is reviewed and updated, and supplied to the 
        foster parent or foster care provider with whom the child is 
        placed, at the time of each placement of the child in foster 
        care; \1\
            (E) in the case of a child who has been in foster care under 
        the responsibility of the State for 15 of the most recent 22 
        months, or, if a court of competent jurisdiction has determined 
        a child to be an abandoned infant (as defined under State law) 
        or has made a determination that the parent has committed murder 
        of another child of the parent, committed voluntary manslaughter 
        of another child of the parent, aided or abetted, attempted, 
        conspired, or solicited to commit such a murder or such a 
        voluntary manslaughter, or committed a felony assault that has 
        resulted in serious bodily injury to the child or to another 
        child of the parent, the State shall file a petition to 
        terminate the parental rights of the child's parents (or, if 
        such a petition has been filed by another party, seek to be 
        joined as a party to the petition), and, concurrently, to 
        identify, recruit, process, and approve a qualified family for 
        an adoption, unless--
                (i) at the option of the State, the child is being cared 
            for by a relative;
                (ii) a State agency has documented in the case plan 
            (which shall be available for court review) a compelling 
            reason for determining that filing such a petition would not 
            be in the best interests of the child; or
                (iii) the State has not provided to the family of the 
            child, consistent with the time period in the State case 
            plan, such services as the State deems necessary for the 
            safe return of the child to the child's home, if reasonable 
            efforts of the type described in section 671(a)(15)(B)(ii) 
            of this title are required to be made with respect to the 
            child; \1\

            (F) a child shall be considered to have entered foster care 
        on the earlier of--
                (i) the date of the first judicial finding that the 
            child has been subjected to child abuse or neglect; or
                (ii) the date that is 60 days after the date on which 
            the child is removed from the home; \1\ and

            (G) the foster parents (if any) of a child and any 
        preadoptive parent or relative providing care for the child are 
        provided with notice of, and an opportunity to be heard in, any 
        review or hearing to be held with respect to the child, except 
        that this subparagraph shall not be construed to require that 
        any foster parent, preadoptive parent, or relative providing 
        care for the child be made a party to such a review or hearing 
        solely on the basis of such notice and opportunity to be heard.

        (6) The term ``administrative review'' means a review open to 
    the participation of the parents of the child, conducted by a panel 
    of appropriate persons at least one of whom is not responsible for 
    the case management of, or the delivery of services to, either the 
    child or the parents who are the subject of the review.
        (7) The term ``legal guardianship'' means a judicially created 
    relationship between child and caretaker which is intended to be 
    permanent and self-sustaining as evidenced by the transfer to the 
    caretaker of the following parental rights with respect to the 
    child: protection, education, care and control of the person, 
    custody of the person, and decisionmaking. The term ``legal 
    guardian'' means the caretaker in such a relationship.

(Aug. 14, 1935, ch. 531, title IV, Sec. 475, as added and amended Pub. 
L. 96-272, title I, Secs. 101(a)(1), 102(a)(4), June 17, 1980, 94 Stat. 
510, 514; Pub. L. 99-272, title XII, Secs. 12305(b)(2), 12307(b), Apr. 
7, 1986, 100 Stat. 293, 296; Pub. L. 99-514, title XVII, 
Sec. 1711(c)(6), Oct. 22, 1986, 100 Stat. 2784; Pub. L. 100-203, title 
IX, Sec. 9133(a), Dec. 22, 1987, 101 Stat. 1330-314; Pub. L. 100-647, 
title VIII, Sec. 8104(e), Nov. 10, 1988, 102 Stat. 3797; Pub. L. 101-
239, title VIII, Sec. 8007(a), (b), Dec. 19, 1989, 103 Stat. 2462; Pub. 
L. 103-432, title II, Secs. 206(a), (b), 209(a), (b), 265(c), Oct. 31, 
1994, 108 Stat. 4457, 4459, 4469; Pub. L. 105-89, title I, Secs. 101(b), 
102(2), 103(a), (b), 104, 107, title III, Sec. 302, Nov. 19, 1997, 111 
Stat. 2117, 2118, 2120, 2121, 2128.)

                       References in Text

    Part B of this subchapter, referred to in text, is classified to 
section 620 et seq. of this title.


                               Amendments

    1997--Par. (1). Pub. L. 105-89, Sec. 107(1)(A), (B), struck out 
``the case plan must also include'' before ``a written description'' in 
concluding provisions and redesignated those provisions as subpar. (D) 
of par. (1).
    Par. (1)(A). Pub. L. 105-89, Sec. 102(2)(A)(i), inserted ``safety 
and'' before ``appropriateness of the placement''.
    Par. (1)(B). Pub. L. 105-89, Sec. 102(2)(A)(ii), inserted ``safe 
and'' after ``child receives'' and ``safe'' after ``return of the child 
to his own''.
    Par. (1)(D). Pub. L. 105-89, Sec. 107(1)(B), redesignated concluding 
provisions of par. (1) as subpar. (D) of par. (1) and realigned margins.
    Par. (1)(E). Pub. L. 105-89, Sec. 107(2), added subpar. (E).
    Par. (5)(A). Pub. L. 105-89, Sec. 102(2)(B)(i), inserted ``a safe 
setting that is'' after ``placement in'' in introductory provisions.
    Par. (5)(B). Pub. L. 105-89, Sec. 102(2)(B)(ii), inserted ``the 
safety of the child,'' after ``determine'' and ``and safely maintained 
in'' before ``the home or placed for adoption''.
    Par. (5)(C). Pub. L. 105-89, Sec. 302, substituted ``permanency 
hearing'' for ``dispositional hearing'' and ``no later than 12 months 
after the date the child is considered to have entered foster care (as 
determined under subparagraph (F))'' for ``no later than eighteen months 
after the original placement'', and which directed the substitution of 
``permanency plan for the child that includes whether, and if applicable 
when, the child will be returned to the parent, placed for adoption and 
the State will file a petition for termination of parental rights, or 
referred for legal guardianship, or (in cases where the State agency has 
documented to the State court a compelling reason for determining that 
it would not be in the best interests of the child to return home, be 
referred for termination of parental rights, or be placed for adoption, 
with a fit and willing relative, or with a legal guardian) placed in 
another planned permanent living arrangement'' for ``future status of 
the child (including, but not limited to, whether the child should be 
returned to the parent, should be continued in foster care for a 
specified period, should be placed for adoption, or should (because of 
the child's special needs or circumstances) be continued in foster care 
on a permanent or long term basis)'', was executed by making the 
substitution for text which contained the words ``long-term'' rather 
than ``long term'' to reflect the probable intent of Congress.
    Par. (5)(E). Pub. L. 105-89, Sec. 103(a), added subpar. (E).
    Par. (5)(F). Pub. L. 105-89, Sec. 103(b), added subpar. (F).
    Par. (5)(G). Pub. L. 105-89, Sec. 104, added subpar. (G).
    Par. (7). Pub. L. 105-89, Sec. 101(b), added par. (7).
    1994--Par. (5)(A). Pub. L. 103-432, Sec. 209(a), inserted ``which--
'' after ``needs of the child,'' and added cls. (i) and (ii).
    Pub. L. 103-432, Sec. 206(a), inserted ``and most appropriate'' 
after ``(most family like)''.
    Par. (5)(C). Pub. L. 103-432, Sec. 209(b), inserted ``and, in the 
case of a child described in subparagraph (A)(ii), whether the out-of-
State placement continues to be appropriate and in the best interests of 
the child,'' after ``permanent or long-term basis)''.
    Pub. L. 103-432, Sec. 206(b), substituted ``(and not less frequently 
than every 12 months'' for ``(and periodically''.
    Par. (5)(D). Pub. L. 103-432, Sec. 265(c), realigned margins.
    1989--Par. (1). Pub. L. 101-239, Sec. 8007(a), inserted ``(A)'' 
before ``A description'', substituted ``section 672(a)(1) of this title. 
(B) A plan'' for ``section 672(a)(1) of this title; and a plan'', 
realigned margins of subpars. (A) and (B), added subpar. (C), and set 
the last sentence flush with the left margin of par. (1).
    Par. (5)(D). Pub. L. 101-239, Sec. 8007(b), added subpar. (D).
    1988--Par. (5)(C). Pub. L. 100-647 inserted ``and, in the case of a 
child who has attained age 16, the services needed to assist the child 
to make the transition from foster care to independent living'' after 
``long-term basis)''.
    1987--Par. (4). Pub. L. 100-203 designated existing provisions as 
subpar. (A) and added subpar. (B).
    1986--Par. (1). Pub. L. 99-272, Sec. 12307(b), inserted at end 
``Where appropriate, for a child age 16 or over, the case plan must also 
include a written description of the programs and services which will 
help such child prepare for the transition from foster care to 
independent living.''
    Par. (3). Pub. L. 99-514 added cl. (A) and struck out former cl. (A) 
which read as follows: ``specifies the amounts of any adoption 
assistance payments and any other services and assistance which are to 
be provided as part of such agreement, and''.
    Pub. L. 99-272, Sec. 12305(b)(2), substituted in cl. (A) ``any 
adoption assistance payments and any other services and assistance'' for 
``the adoption assistance payments and any additional services and 
assistance''.
    1980--Par. (1). Pub. L. 96-272, Sec. 102(a)(4), inserted reference 
to voluntary placement agreements.


                    Effective Date of 1997 Amendment

    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.


                    Effective Date of 1994 Amendment

    Section 206(c) of Pub. L. 103-432 provided that: ``The amendments 
made by this section [amending this section] shall take effect on 
October 1, 1995.''
    Section 209(d) of Pub. L. 103-432 provided that: ``The amendments 
made by this section [amending this section and section 679 of this 
title] shall be effective with respect to fiscal years beginning on or 
after October 1, 1995.''
    Amendment by section 265(c) of Pub. L. 103-432 effective as if 
included in the provision of Pub. L. 101-239 to which the amendment 
relates, at the time the provision became law, see section 265(d) of 
Pub. L. 103-432, set out as a note under section 673 of this title.


                    Effective Date of 1989 Amendment

    Section 8007(c) of Pub. L. 101-239 provided that: ``The amendments 
made by subsections (a) and (b) [amending this section] shall take 
effect on April 1, 1990.''


                    Effective Date of 1988 Amendment

    Amendment by Pub. L. 100-647 effective Oct. 1, 1988, see section 
8104(g)(1) of Pub. L. 100-647, set out as a note under section 677 of 
this title.


                    Effective Date of 1987 Amendment

    Amendment by Pub. L. 100-203 effective Apr. 1, 1988, see section 
9133(c) of Pub. L. 100-203, set out as a note under section 672 of this 
title.


                    Effective Date of 1986 Amendments

    Amendment by Pub. L. 99-514 applicable only with respect to 
expenditures made after Dec. 31, 1986, see section 1711(d) of Pub. L. 
99-514, set out as a note under section 670 of this title.
    Amendment by section 12305(b)(2) of Pub. L. 99-272 applicable to 
medical assistance furnished in or after the first calendar quarter 
beginning more than 90 days after Apr. 7, 1986, see section 12305(c) of 
Pub. L. 99-272, set out as a note under section 673 of this title.


                    Effective Date of 1980 Amendment

    Section 101(a)(4)(A) of Pub. L. 96-272 provided that: ``Clause (B) 
of the first sentence of section 475(3) of the Social Security Act [par. 
(3)(B) of this section] (as added by subsection (a) of this section) 
shall be effective with respect to adoption assistance agreements 
entered into on or after October 1, 1983.''
    Amendment by section 102(a)(4) of Pub. L. 96-272 effective only with 
respect to expenditures made after Sept. 30, 1979, see section 102(c) of 
Pub. L. 96-272, as amended, set out as a note under section 672 of this 
title.


                              Construction

    Section 103(d) of Pub. L. 105-89 provided that: ``Nothing in this 
section [amending this section and enacting provisions set out as a note 
below] or in part E of title IV of the Social Security Act (42 U.S.C. 
670 et seq.), as amended by this Act, shall be construed as precluding 
State courts or State agencies from initiating the termination of 
parental rights for reasons other than, or for timelines earlier than, 
those specified in part E of title IV of such Act, when such actions are 
determined to be in the best interests of the child, including cases 
where the child has experienced multiple foster care placements of 
varying durations.''


            Transition Rules; New and Current Foster Children

    Section 103(c) of Pub. L. 105-89 provided that:
    ``(1) New foster children.--In the case of a child who enters foster 
care (within the meaning of section 475(5)(F) of the Social Security Act 
[par. (5)(F) of this section]) under the responsibility of a State after 
the date of the enactment of this Act [Nov. 19, 1997]--
        ``(A) if the State comes into compliance with the amendments 
    made by subsection (a) of this section [amending this section] 
    before the child has been in such foster care for 15 of the most 
    recent 22 months, the State shall comply with section 475(5)(E) of 
    the Social Security Act [par. (5)(E) of this section] with respect 
    to the child when the child has been in such foster care for 15 of 
    the most recent 22 months; and
        ``(B) if the State comes into such compliance after the child 
    has been in such foster care for 15 of the most recent 22 months, 
    the State shall comply with such section 475(5)(E) with respect to 
    the child not later than 3 months after the end of the first regular 
    session of the State legislature that begins after such date of 
    enactment.
    ``(2) Current foster children.--In the case of children in foster 
care under the responsibility of the State on the date of the enactment 
of this Act, the State shall--
        ``(A) not later than 6 months after the end of the first regular 
    session of the State legislature that begins after such date of 
    enactment, comply with section 475(5)(E) of the Social Security Act 
    with respect to not less than \1/3\ of such children as the State 
    shall select, giving priority to children for whom the permanency 
    plan (within the meaning of part E of title IV of the Social 
    Security Act [this part]) is adoption and children who have been in 
    foster care for the greatest length of time;
        ``(B) not later than 12 months after the end of such first 
    regular session, comply with such section 475(5)(E) with respect to 
    not less than \2/3\ of such children as the State shall select; and
        ``(C) not later than 18 months after the end of such first 
    regular session, comply with such section 475(5)(E) with respect to 
    all of such children.
    ``(3) Treatment of 2-year legislative sessions.--For purposes of 
this subsection, in the case of a State that has a 2-year legislative 
session, each year of the session is deemed to be a separate regular 
session of the State legislature.
    ``(4) Requirements treated as state plan requirements.--For purposes 
of part E of title IV of the Social Security Act, the requirements of 
this subsection shall be treated as State plan requirements imposed by 
section 471(a) of such Act [section 671(a) of this title].''

                  Section Referred to in Other Sections

    This section is referred to in sections 603, 622, 625, 626, 629a, 
671, 672, 673, 677 of this title.
