|
TITLE 42 > CHAPTER 7 > SUBCHAPTER
IV > Part
E > § 672 |
|
|
§ 672.
Foster care maintenance payments program |
|
|
Release date:
2005-02-25 |
|
|
(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 (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). (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. |
|