Part B—Child and Family Services
Amendments
1993—
1968—
Part Referred to in Other Sections
This part is referred to in
subpart 1—child welfare services
Amendments
1993—
Subpart Referred to in Other Sections
This subpart is referred to in
§620. Authorization of appropriations
(a) For the purpose of enabling the United States, through the Secretary, to cooperate with State public welfare agencies in establishing, extending, and strengthening child welfare services, there is authorized to be appropriated for each fiscal year the sum of $325,000,000.
(b) Funds appropriated for any fiscal year pursuant to the authorization contained in subsection (a) of this section shall be included in the appropriation Act (or supplemental appropriation Act) for the fiscal year preceding the fiscal year for which such funds are available for obligation. In order to effect a transition to this method of timing appropriation action, the preceding sentence shall apply notwithstanding the fact that its initial application will result in the enactment in the same year (whether in the same appropriation Act or otherwise) of two separate appropriations, one for the then current fiscal year and one for the succeeding fiscal year.
(Aug. 14, 1935, ch. 531, title IV, §420, as added
Amendments
1989—Subsec. (a).
1984—Subsec. (b).
1980—
1972—
Effective Date of 1989 Amendment
Section 10401(b) of
Effective Date of 1984 Amendment
Amendment by
Effective Date of 1972 Amendment
Section 412 of
Effective Date
Section 240(e)(2) of
Appropriation of Funds
Section 103(f) of
"(1) Notwithstanding any other provision of law, funds which are appropriated for fiscal year 1980 pursuant to section 420 of the Social Security Act [this section], and for which States are eligible for payment under part B of title IV of that Act [this part], shall remain available, to the extent so provided in an appropriation Act hereafter enacted, for payment with respect to expenditures for child welfare services under part B of title IV of that Act until September 30, 1981.
"(2) Section 420(b) of the Social Security Act (as added by subsection (a) of this section) shall apply only with respect to appropriation Acts, which appropriate funds for fiscal years after fiscal year 1981 pursuant to the authorization contained in section 420 of the Social Security Act, enacted after the date of enactment of this Act [June 17, 1980]."
State Plans; Date of Development; Appropriations, Allotments, and Reallotments
Section 240(f)(1), (2) of
"(1) such plan shall be treated as a plan developed, as provided in part B of title IV of such Act [this part], on the date this Act is enacted [Jan. 2, 1968];
"(2) any sums appropriated, allotted, or reallotted pursuant to part 3 of title V; for the fiscal year ending June 30, 1968, shall be deemed appropriated, allotted, or reallotted (as the case may be) under part B of title IV of such Act [this part] for such fiscal year;"
Section Referred to in Other Sections
This section is referred to in
§621. Allotments to States
(a) Allotment formula
The sum appropriated pursuant to
(b) Allotment percentage
The "allotment percentage" for any State shall be 100 per centum less the State percentage; and the State percentage shall be the percentage which bears the same ratio to 50 per centum as the per capita income of such State bears to the per capita income of the United States; except that (1) the allotment percentage shall in no case be less than 30 per centum or more than 70 per centum, and (2) the allotment percentage shall be 70 per centum in the case of Puerto Rico, the Virgin Islands, Guam, and American Samoa.
(c) Promulgation of allotment percentage
The allotment percentage for each State shall be promulgated by the Secretary between October 1 and November 30 of each even-numbered year, on the basis of the average per capita income of each State and of the United States for the three most recent calendar years for which satisfactory data are available from the Department of Commerce. Such promulgation shall be conclusive for each of the two fiscal years in the period beginning October 1 next succeeding such promulgation.
(d) "United States" defined
For purposes of this section, the term "United States" means the fifty States and the District of Columbia.
(Aug. 14, 1935, ch. 531, title IV, §421, as added
Amendments
1987—Subsec. (b).
1980—
Effective Date of 1987 Amendment
Section 9135(c) of
Section Referred to in Other Sections
This section is referred to in
§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;
(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
(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
(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, §422, as added and amended
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
Parts A and E of this subchapter, referred to in subsec. (b)(2), are classified to
The Indian Child Welfare Act, referred to in subsec. (b)(10), probably means the Indian Child Welfare Act of 1978,
Amendments
1998—Subsec. (b)(2).
1997—Subsec. (b)(9).
Subsec. (b)(10).
Subsec. (b)(10)(B).
Subsec. (b)(11).
Subsec. (b)(12).
1996—Subsec. (b)(2).
1994—Subsec. (b)(7).
Subsec. (b)(8).
Subsec. (b)(9).
Subsec. (b)(10).
1993—Subsec. (a).
Subsec. (b).
Subsec. (b)(2).
Subsec. (b)(3).
1989—Subsec. (b)(1)(A).
1980—
1975—Subsec. (a)(1)(A)(i).
Subsec. (a)(i)(A)(ii).
Subsec. (c).
1968—Subsec. (a)(1).
Effective Date of 1997 Amendments
Section 501 of
"(a)
"(b)
Section 5593 of title V of
Effective Date of 1996 Amendment
Amendment by
Effective Date of 1994 Amendment
Section 202(e) of
Section 204(b) of
Effective Date of 1993 Amendment
Section 13711(c) of
Effective Date of 1989 Amendment
Section 10403(b)(2) of
Effective Date of 1975 Amendment
Amendment by section 3 of
Effective Date of 1968 Amendment; Different State Agencies for Administration of State Plans Under Parts A and B
Section 240(e)(3) of
Findings and Purpose
Section 552 of
"(a)
"(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)
"(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
"(1) provide that (A) the State agency designated pursuant to
Administration of State Plan for Child Welfare Services by Non-Designated Agency
Section 103(d) of
Overpayments or Underpayments
Section 240(f)(3) of
Section Referred to in Other Sections
This section is referred to in
§623. Payment to States
(a) Payment schedule
From the sums appropriated therefor and the allotment under this subpart, subject to the conditions set forth in this section, the Secretary shall from time to time pay to each State that has a plan developed in accordance with
(b) Computation and method of payment
The method of computing and making payments under this section shall be as follows:
(1) The Secretary shall, prior to the beginning of each period for which a payment is to be made, estimate the amount to be paid to the State for such period under the provisions of this section.
(2) From the allotment available therefor, the Secretary shall pay the amount so estimated, reduced or increased, as the case may be, by any sum (not previously adjusted under this section) by which he finds that his estimate of the amount to be paid the State for any prior period under this section was greater or less than the amount which should have been paid to the State for such prior period under this section.
(c) Prohibited payments; exceptions
(1) No payment may be made to a State under this part, for any fiscal year beginning after September 30, 1979, with respect to State expenditures made for (A) child day care necessary solely because of the employment, or training to prepare for employment, of a parent or other relative with whom the child involved is living, (B) foster care maintenance payments, and (C) adoption assistance payments, to the extent that the Federal payment with respect to those expenditures would exceed the total amount of the Federal payment under this part for fiscal year 1979.
(2) Expenditures made by a State for any fiscal year which begins after September 30, 1979, for foster care maintenance payments shall be treated for purposes of making Federal payments under this part with respect to expenditures for child welfare services, as if such foster care maintenance payments constituted child welfare services of a type to which the limitation imposed by paragraph (1) does not apply; except that the amount payable to the State with respect to expenditures made for other child welfare services and for foster care maintenance payments during any such year shall not exceed 100 per centum of the amount of the expenditures made for child welfare services for which payment may be made under the limitation imposed by paragraph (1) as in effect without regard to this paragraph.
(d) Minimum State expenditures
No payment may be made to a State under this part in excess of the payment made under this part for fiscal year 1979, for any fiscal year beginning after September 30, 1979, if for the latter fiscal year the total of the State's expenditures for child welfare services under this part (excluding expenditures for activities specified in subsection (c)(1) of this section) is less than the total of the State's expenditures under this part (excluding expenditures for such activities) for fiscal year 1979.
(Aug. 14, 1935, ch. 531, title IV, §423, as added
Amendments
1994—Subsec. (a).
1993—Subsec. (a).
1980—
1976—Subsec. (c).
Effective Date of 1994 Amendment
Amendment by
Effective Date of 1993 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§624. Reallotment
(a) In general
Subject to subsection (b) of this section, the amount of any allotment to a State under
(b) Exception relating to foster child protections
The Secretary shall not reallot under subsection (a) of this section any amount that is withheld or recovered from a State due to the failure of the State to meet the requirements of
(Aug. 14, 1935, ch. 531, title IV, §424, as added
Amendments
1997—Subsec. (b).
1994—
1980—
Effective Date of 1997 Amendment
Amendment by
Effective Date of 1994 Amendment
Amendment by
§625. Definitions
(a)(1) For purposes of this subchapter, the term "child welfare services" means public social services which are directed toward the accomplishment of the following purposes: (A) protecting and promoting the welfare of all children, including handicapped, homeless, dependent, or neglected children; (B) preventing or remedying, or assisting in the solution of problems which may result in, the neglect, abuse, exploitation, or delinquency of children; (C) preventing the unnecessary separation of children from their families by identifying family problems, assisting families in resolving their problems, and preventing breakup of the family where the prevention of child removal is desirable and possible; (D) restoring to their families children who have been removed, by the provision of services to the child and the families; (E) placing children in suitable adoptive homes, in cases where restoration to the biological family is not possible or appropriate; and (F) assuring adequate care of children away from their homes, in cases where the child cannot be returned home or cannot be placed for adoption.
(2) Funds expended by a State for any calendar quarter to comply with
(b) For other definitions relating to this part and to part E of this subchapter, see
(Aug. 14, 1935, ch. 531, title IV, §425, as added
References in Text
Part E of this subchapter, referred to in text, is classified to
Amendments
1997—Subsec. (a)(2).
1994—Subsec. (a)(2).
1980—
Effective Date of 1997 Amendment
Amendment by
Effective Date of 1994 Amendment
Amendment by
§626. Research, training, or demonstration projects
(a) Authorization of appropriations
There are hereby authorized to be appropriated for each fiscal year such sums as the Congress may determine—
(1) for grants by the Secretary—
(A) to public or other nonprofit institutions of higher learning, and to public or other nonprofit agencies and organizations engaged in research or child-welfare activities, for special research or demonstration projects in the field of child welfare which are of regional or national significance and for special projects for the demonstration of new methods or facilities which show promise of substantial contribution to the advancement of child welfare;
(B) to State or local public agencies responsible for administering, or supervising the administration of, the plan under this part, for projects for the demonstration of the utilization of research (including findings resulting therefrom) in the field of child welfare in order to encourage experimental and special types of welfare services; and
(C) to public or other nonprofit institutions of higher learning for special projects for training personnel for work in the field of child welfare, including traineeships described in
(2) for contracts or jointly financed cooperative arrangements with States and public and other organizations and agencies for the conduct of research, special projects, or demonstration projects relating to such matters.
(b) Appropriations for demonstration projects for development of alternate care arrangements for infants not requiring hospitalization
(1) There are authorized to be appropriated $4,000,000 for each of the fiscal years 1988, 1989, and 1990 for grants by the Secretary to public or private nonprofit entities submitting applications under this subsection for the purpose of conducting demonstration projects under this subsection to develop alternative care arrangements for infants who do not have health conditions that require hospitalization and who would otherwise remain in inappropriate hospital settings.
(2) The demonstration projects conducted under this section may include—
(A) multidisciplinary projects designed to prevent the inappropriate hospitalization of infants and to allow infants described in paragraph (1) to remain with or return to a parent in a residential setting, where appropriate care for the infant and suitable treatment for the parent (including treatment for drug or alcohol addiction) may be assured, with the goal (where possible) of rehabilitating the parent and eliminating the need for such care for the infant;
(B) multidisciplinary projects that assure appropriate, individualized care for such infants in a foster home or other non-medical residential setting in cases where such infant does not require hospitalization and would otherwise remain in inappropriate hospital settings, including projects to demonstrate methods to recruit, train, and retain foster care families; and
(C) such other projects as the Secretary determines will best serve the interests of such infants and will serve as models for projects that agencies or organizations in other communities may wish to develop.
(3) In the case of any project which includes the use of funds authorized under this subsection for the care of infants in foster homes or other non-medical residential settings away from their parents, there shall be developed for each such infant a case plan of the type described in
(4) In evaluating applications from entities proposing to conduct demonstration projects under this subsection, the Secretary shall give priority to those projects that serve areas most in need of alternative care arrangements for infants described in paragraph (1).
(5) No project may be funded unless the application therefor contains assurances that it will—
(A) provide for adequate evaluation;
(B) provide for coordination with local governments;
(C) provide for community education regarding the inappropriate hospitalization of infants;
(D) use, to the extent practical, other available private, local, State, and Federal sources for the provision of direct services; and
(E) meet such other criteria as the Secretary may prescribe.
(6) Grants may be used to pay the costs of maintenance and of necessary medical and social services (to the extent that these costs are not otherwise paid for under other subchapters of this chapter), and for such other purposes as the Secretary may allow.
(7) The Secretary shall provide training and technical assistance to grantees, as requested.
(c) Payments; advances or reimbursements; installments; conditions
Payments of grants or under contracts or cooperative arrangements under this section may be made in advance or by way of reimbursement, and in such installments, as the Secretary may determine; and shall be made on such conditions as the Secretary finds necessary to carry out the purposes of the grants, contracts, or other arrangements.
(Aug. 14, 1935, ch. 531, title IV, §426, as added
Amendments
1994—Subsec. (a)(1)(C).
1987—Subsecs. (b), (c).
Effective Date of 1994 Amendment
Section 205(c) of
Appropriations or Grants
Section 240(g) of
Section Referred to in Other Sections
This section is referred to in
§627. Repealed. Pub. L. 103–432, title II, §202(c), Oct. 31, 1994, 108 Stat. 4454
Section, act Aug. 14, 1935, ch. 531, title IV, §427, as added June 17, 1980,
Effective Date of Repeal
Repeal effective with respect to fiscal years beginning on or after Apr. 1, 1996, see section 202(e) of
§628. Payments to Indian tribal organizations
(a) Amounts
The Secretary may, in appropriate cases (as determined by the Secretary) make payments under this subpart directly to an Indian tribal organization within any State which has a plan for child welfare services approved under this subpart. Such payments shall be made in such manner and in such amounts as the Secretary determines to be appropriate.
(b) Inclusion in State allotment
Amounts paid under subsection (a) of this section shall be deemed to be a part of the allotment (as determined under
(c) "Indian tribe" and "tribal organization" defined
For purposes of this section, the terms "Indian tribe" and "tribal organization" shall have the meanings given such terms by subsections (e) and (l) of
(Aug. 14, 1935, ch. 531, title IV, §428, as added
Amendments
1996—Subsec. (c).
"(1) the term 'tribal organization' means the recognized governing body of any Indian tribe, or any legally established organization of Indians which is controlled, sanctioned, or chartered by such governing body; and
"(2) the term 'Indian tribe' means any tribe, band, nation, or other organized group or community of Indians (including any Alaska Native village or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act (
1993—Subsec. (a).
Effective Date of 1996 Amendment
For effective date of amendment by
Effective Date of 1993 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§628a. Child welfare traineeships
The Secretary may approve an application for a grant to a public or nonprofit institution for higher learning to provide traineeships with stipends under
(1) provides assurances that each individual who receives a stipend with such traineeship (in this section referred to as a "recipient") will enter into an agreement with the institution under which the recipient agrees—
(A) to participate in training at a public or private nonprofit child welfare agency on a regular basis (as determined by the Secretary) for the period of the traineeship;
(B) to be employed for a period of years equivalent to the period of the traineeship, in a public or private nonprofit child welfare agency in any State, within a period of time (determined by the Secretary in accordance with regulations) after completing the postsecondary education for which the traineeship was awarded;
(C) to furnish to the institution and the Secretary evidence of compliance with subparagraphs (A) and (B); and
(D) if the recipient fails to comply with subparagraph (A) or (B) and does not qualify for any exception to this subparagraph which the Secretary may prescribe in regulations, to repay to the Secretary all (or an appropriately prorated part) of the amount of the stipend, plus interest, and, if applicable, reasonable collection fees (in accordance with regulations promulgated by the Secretary);
(2) provides assurances that the institution will—
(A) enter into agreements with child welfare agencies for onsite training of recipients;
(B) permit an individual who is employed in the field of child welfare services to apply for a traineeship with a stipend if the traineeship furthers the progress of the individual toward the completion of degree requirements; and
(C) develop and implement a system that, for the 3-year period that begins on the date any recipient completes a child welfare services program of study, tracks the employment record of the recipient, for the purpose of determining the percentage of recipients who secure employment in the field of child welfare services and remain employed in the field.
(Aug. 14, 1935, ch. 531, title IV, §429, as added
Effective Date
Section applicable to grants awarded on or after Oct. 1, 1995, see section 205(c) of
Section Referred to in Other Sections
This section is referred to in
§628b. National random sample study of child welfare
(a) In general
The Secretary shall conduct (directly, or by grant, contract, or interagency agreement) a national study based on random samples of children who are at risk of child abuse or neglect, or are determined by States to have been abused or neglected.
(b) Requirements
The study required by subsection (a) of this section shall—
(1) have a longitudinal component; and
(2) yield data reliable at the State level for as many States as the Secretary determines is feasible.
(c) Preferred contents
In conducting the study required by subsection (a) of this section, the Secretary should—
(1) carefully consider selecting the sample from cases of confirmed abuse or neglect; and
(2) follow each case for several years while obtaining information on, among other things—
(A) the type of abuse or neglect involved;
(B) the frequency of contact with State or local agencies;
(C) whether the child involved has been separated from the family, and, if so, under what circumstances;
(D) the number, type, and characteristics of out-of-home placements of the child; and
(E) the average duration of each placement.
(d) Reports
(1) In general
From time to time, the Secretary shall prepare reports summarizing the results of the study required by subsection (a) of this section.
(2) Availability
The Secretary shall make available to the public any report prepared under paragraph (1), in writing or in the form of an electronic data tape.
(3) Authority to charge fee
The Secretary may charge and collect a fee for the furnishing of reports under paragraph (2).
(e) Appropriation
Out of any money in the Treasury of the United States not otherwise appropriated, there are appropriated to the Secretary for each of fiscal years 1996 through 2002 $6,000,000 to carry out this section.
(Aug. 14, 1935, ch. 531, title IV, §429A, as added
Amendments
1997—
Subsec. (a).
Effective Date of 1997 Amendment
Amendment by
subpart 2—promoting safe and stable families
Subpart Referred to in Other Sections
This subpart is referred to in
§629. Purposes; limitations on authorizations of appropriations; reservation of certain amounts
(a) Purposes; limitations on authorization of appropriations
For the purpose of encouraging and enabling each State to develop and establish, or expand, and to operate a program of family preservation services, community-based family support services, time-limited family reunification services, and adoption promotion and support services, there are authorized to be appropriated to the Secretary the amounts described in subsection (b) of this section for the fiscal years specified in subsection (b) of this section.
(b) Description of amounts
The amount described in this subsection is—
(1) for fiscal year 1994, $60,000,000;
(2) for fiscal year 1995, $150,000,000;
(3) for fiscal year 1996, $225,000,000;
(4) for fiscal year 1997, $240,000,000;
(5) for fiscal year 1998, the greater of—
(A) $255,000,000; or
(B) the amount described in this subsection for fiscal year 1997, increased by the inflation percentage applicable to fiscal year 1998;
(6) for fiscal year 1999, $275,000,000;
(7) for fiscal year 2000, $295,000,000; and
(8) for fiscal year 2001, $305,000,000.
(c) Inflation percentage
For purposes of subsection (b)(5)(B) of this section, the inflation percentage applicable to any fiscal year is the percentage (if any) by which—
(1) the average of the Consumer Price Index (as defined in section 1(f)(5) of the Internal Revenue Code of 1986) for the 12-month period ending on December 31 of the immediately preceding fiscal year; exceeds
(2) the average of the Consumer Price Index (as so defined) for the 12-month period ending on December 31 of the 2nd preceding fiscal year.
(d) Reservation of certain amounts
(1) Evaluation, research, training, and technical assistance
The Secretary shall reserve $2,000,000 of the amount described in subsection (b) of this section for fiscal year 1994, and $6,000,000 of the amounts so described for each of fiscal years 1995, 1996, 1997, 1998, 1999, 2000, and 2001, for expenditure by the Secretary—
(A) for research, training, and technical assistance related to the program under this subpart; and
(B) for evaluation of State programs funded under this subpart and any other Federal, State, or local program, regardless of whether federally assisted, that is designed to achieve the same purposes as the program under this subpart.
(2) State court assessments
The Secretary shall reserve $5,000,000 of the amount described in subsection (b) of this section for fiscal year 1995, and $10,000,000 of the amounts so described for each of fiscal years 1996, 1997, 1998, 1999, 2000, and 2001, for grants under section 13712 of the Omnibus Budget Reconciliation Act of 1993.
(3) Indian tribes
The Secretary shall reserve 1 percent of the amounts described in subsection (b) of this section for each fiscal year, for allotment to Indian tribes in accordance with
(Aug. 14, 1935, ch. 531, title IV, §430, as added
References in Text
The Internal Revenue Code, referred to in subsec. (c)(1), is classified generally to Title 26, Internal Revenue Code.
Section 13712 of the Omnibus Budget Reconciliation Act of 1993, referred to in subsec. (d)(2), is section 13712 of
Prior Provisions
A prior section 430 of act Aug. 14, 1935, was classified to
Amendments
1997—Subsec. (a).
Subsec. (b)(6) to (8).
Subsec. (d).
Effective Date of 1997 Amendment
Amendment by
Effective Date
Subpart effective with respect to calendar quarters beginning on or after Oct. 1, 1993, see section 13711(c) of
Section Referred to in Other Sections
This section is referred to in
§629a. Definitions
(a) In general
As used in this subpart:
(1) Family preservation services
The term "family preservation services" means services for children and families designed to help families (including adoptive and extended families) at risk or in crisis, including—
(A) service programs 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 safe and appropriate for a child, in some other planned, permanent living arrangement;
(B) preplacement preventive services programs, such as intensive family preservation programs, designed to help children at risk of foster care placement remain safely with their families;
(C) service programs designed to provide followup care to families to whom a child has been returned after a foster care placement;
(D) respite care of children to provide temporary relief for parents and other caregivers (including foster parents); and
(E) services designed to improve parenting skills (by reinforcing parents' confidence in their strengths, and helping them to identify where improvement is needed and to obtain assistance in improving those skills) with respect to matters such as child development, family budgeting, coping with stress, health, and nutrition.
(2) Family support services
The term "family support services" means community-based services to promote the safety and well-being of children and families designed to increase the strength and stability of families (including adoptive, foster, and extended families), to increase parents' confidence and competence in their parenting abilities, to afford children a safe, stable, and supportive family environment, and otherwise to enhance child development.
(3) State agency
The term "State agency" means the State agency responsible for administering the program under subpart 1.
(4) State
The term "State" includes an Indian tribe or tribal organization, in addition to the meaning given such term for purposes of subpart 1.
(5) Tribal organization
The term "tribal organization" means the recognized governing body of any Indian tribe.
(6) Indian tribe
The term "Indian tribe" means any Indian tribe (as defined in
(7) Time-limited family reunification services
(A) In general
The term "time-limited family reunification services" means the services and activities described in subparagraph (B) that are provided to a child that is removed from the child's home and placed in a foster family home or a child care institution and to the parents or primary caregiver of such a child, in order to facilitate the reunification of the child safely and appropriately within a timely fashion, but only during the 15-month period that begins on the date that the child, pursuant to
(B) Services and activities described
The services and activities described in this subparagraph are the following:
(i) Individual, group, and family counseling.
(ii) Inpatient, residential, or outpatient substance abuse treatment services.
(iii) Mental health services.
(iv) Assistance to address domestic violence.
(v) Services designed to provide temporary child care and therapeutic services for families, including crisis nurseries.
(vi) Transportation to or from any of the services and activities described in this subparagraph.
(8) Adoption promotion and support services
The term "adoption promotion and support services" means services and activities designed to encourage more adoptions out of the foster care system, when adoptions promote the best interests of children, including such activities as pre- and post-adoptive services and activities designed to expedite the adoption process and support adoptive families.
(9) Non-Federal funds
The term "non-Federal funds" means State funds, or at the option of a State, State and local funds.
(b) Other terms
For other definitions of other terms used in this subpart, see
(Aug. 14, 1935, ch. 531, title IV, §431, as added
References in Text
Prior Provisions
A prior section 431 of act Aug. 14, 1935, was classified to
Amendments
1999—Subsec. (a)(6).
1997—Subsec. (a)(1)(A).
Subsec. (a)(1)(B).
Subsec. (a)(2).
Subsec. (a)(7), (8).
Subsec. (a)(9).
Effective Date of 1999 Amendment
Amendment by
Effective Date of 1997 Amendment
Amendment by section 305(b)(2), (c)(2) of
Section 305(d)(2) of
§629b. State plans
(a) Plan requirements
A State plan meets the requirements of this subsection if the plan—
(1) provides that the State agency shall administer, or supervise the administration of, the State program under this subpart;
(2)(A)(i) sets forth the goals intended to be accomplished under the plan by the end of the 5th fiscal year in which the plan is in operation in the State, and (ii) is updated periodically to set forth the goals intended to be accomplished under the plan by the end of each 5th fiscal year thereafter;
(B) describes the methods to be used in measuring progress toward accomplishment of the goals;
(C) contains assurances that the State—
(i) after the end of each of the 1st 4 fiscal years covered by a set of goals, will perform an interim review of progress toward accomplishment of the goals, and on the basis of the interim review will revise the statement of goals in the plan, if necessary, to reflect changed circumstances; and
(ii) after the end of the last fiscal year covered by a set of goals, will perform a final review of progress toward accomplishment of the goals, and on the basis of the final review (I) will prepare, transmit to the Secretary, and make available to the public a final report on progress toward accomplishment of the goals, and (II) will develop (in consultation with the entities required to be consulted pursuant to subsection (b) of this section) and add to the plan a statement of the goals intended to be accomplished by the end of the 5th succeeding fiscal year;
(3) provides for coordination, to the extent feasible and appropriate, of the provision of services under the plan and the provision of services or benefits under other Federal or federally assisted programs serving the same populations;
(4) contains assurances that not more than 10 percent of expenditures under the plan for any fiscal year with respect to which the State is eligible for payment under
(5) contains assurances that the State will—
(A) annually prepare, furnish to the Secretary, and make available to the public a description (including separate descriptions with respect to family preservation services, community-based family support services, time-limited family reunification services, and adoption promotion and support services) of—
(i) the service programs to be made available under the plan in the immediately succeeding fiscal year;
(ii) the populations which the programs will serve; and
(iii) the geographic areas in the State in which the services will be available; and
(B) perform the activities described in subparagraph (A)—
(i) in the case of the 1st fiscal year under the plan, at the time the State submits its initial plan; and
(ii) in the case of each succeeding fiscal year, by the end of the 3rd quarter of the immediately preceding fiscal year;
(6) provides for such methods of administration as the Secretary finds to be necessary for the proper and efficient operation of the plan;
(7)(A) contains assurances that Federal funds provided to the State under this subpart will not be used to supplant Federal or non-Federal funds for existing services and activities which promote the purposes of this subpart; and
(B) provides that the State will furnish reports to the Secretary, at such times, in such format, and containing such information as the Secretary may require, that demonstrate the State's compliance with the prohibition contained in subparagraph (A);
(8) provides that the State agency will furnish such reports, containing such information, and participate in such evaluations, as the Secretary may require; and
(9) contains assurances that in administering and conducting service programs under the plan, the safety of the children to be served shall be of paramount concern.
(b) Approval of plans
(1) In general
The Secretary shall approve a plan that meets the requirements of subsection (a) of this section only if the plan was developed jointly by the Secretary and the State, after consultation by the State agency with appropriate public and nonprofit private agencies and community-based organizations with experience in administering programs of services for children and families (including family preservation, family support, time-limited family reunification, and adoption promotion and support services).
(2) Plans of Indian tribes
(A) Exemption from inappropriate requirements
The Secretary may exempt a plan submitted by an Indian tribe from any requirement of this section that the Secretary determines would be inappropriate to apply to the Indian tribe, taking into account the resources, needs, and other circumstances of the Indian tribe.
(B) Special rule
Notwithstanding subparagraph (A) of this paragraph, the Secretary may not approve a plan of an Indian tribe under this subpart to which (but for this subparagraph) an allotment of less than $10,000 would be made under
(Aug. 14, 1935, ch. 531, title IV, §432, as added
Prior Provisions
A prior section 432 of act Aug. 14, 1935, was classified to
Amendments
1998—Subsec. (a)(8).
1997—Subsec. (a)(4).
Subsec. (a)(5)(A).
Subsec. (a)(9).
Subsec. (b)(1).
Effective Date of 1997 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§629c. Allotments to States
(a) Indian tribes
From the amount reserved pursuant to
(b) Territories
From the amount described in
(c) Other States
(1) In general
From the amount described in
(2) "Food stamp percentage" defined
(A) In general
As used in paragraph (1) of this subsection, the term "food stamp percentage" means, with respect to a State and a fiscal year, the average monthly number of children receiving food stamp benefits in the State for months in the 3 fiscal years referred to in subparagraph (B) of this paragraph, as determined from sample surveys made under
(B) Fiscal years used in calculation
For purposes of the calculation pursuant to subparagraph (A), the Secretary shall use data for the 3 most recent fiscal years, preceding the fiscal year for which the State's allotment is calculated under this subsection, for which such data are available to the Secretary.
(Aug. 14, 1935, ch. 531, title IV, §433, as added
Prior Provisions
A prior section 433 of act Aug. 14, 1935, was classified to
Section Referred to in Other Sections
This section is referred to in
§629d. Payments to States
(a) Entitlement
(1) General rule
Except as provided in paragraph (2) of this subsection, each State which has a plan approved under this subpart shall be entitled to payment of the lesser of—
(A) 75 percent of the total expenditures by the State for activities under the plan during the fiscal year or the immediately succeeding fiscal year; or
(B) the allotment of the State under
(2) Special rule
Upon submission by a State to the Secretary during fiscal year 1994 of an application in such form and containing such information as the Secretary may require (including, if the State is seeking payment of an amount pursuant to subparagraph (B) of this paragraph, a description of the services to be provided with the amount), the State shall be entitled to payment of an amount equal to the sum of—
(A) such amount, not exceeding $1,000,000, from the allotment of the State under
(B) an amount equal to the lesser of—
(i) 75 percent of the expenditures by the State for services to children and families in accordance with the application and the expenditure rules of
(ii) the allotment of the State under
(b) Prohibitions
(1) No use of other Federal funds for State match
Each State receiving an amount paid under paragraph (1) or (2)(B) of subsection (a) of this section may not expend any Federal funds to meet the costs of services described in this subpart not covered by the amount so paid.
(2) Availability of funds
A State may not expend any amount paid under subsection (a)(1) of this section for any fiscal year after the end of the immediately succeeding fiscal year.
(c) Direct payments to tribal organizations of Indian tribes
The Secretary shall pay any amount to which an Indian tribe is entitled under this section directly to the tribal organization of the Indian tribe.
(Aug. 14, 1935, ch. 531, title IV, §434, as added
Prior Provisions
A prior section 434 of act Aug. 14, 1935, was classified to
Section Referred to in Other Sections
This section is referred to in
§629e. Evaluations
(a) Evaluations
(1) In general
The Secretary shall evaluate the effectiveness of the programs carried out pursuant to this subpart in accomplishing the purposes of this subpart, and may evaluate any other Federal, State, or local program, regardless of whether federally assisted, that is designed to achieve the same purposes as the program under this subpart, in accordance with criteria established in accordance with paragraph (2).
(2) Criteria to be used
In developing the criteria to be used in evaluations under paragraph (1), the Secretary shall consult with appropriate parties, such as—
(A) State agencies administering programs under this part and part E of this subchapter;
(B) persons administering child and family services programs (including family preservation and family support programs) for private, nonprofit organizations with an interest in child welfare; and
(C) other persons with recognized expertise in the evaluation of child and family services programs (including family preservation and family support programs) or other related programs.
(b) Coordination of evaluations
The Secretary shall develop procedures to coordinate evaluations under this section, to the extent feasible, with evaluations by the States of the effectiveness of programs under this subpart.
(Aug. 14, 1935, ch. 531, title IV, §435, as added
References in Text
Part E of this subchapter, referred to in subsec. (a)(2)(A), is classified to
Prior Provisions
A prior section 435 of act Aug. 14, 1935, was classified to