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[1] See References in Text note below.
§ 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
(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)
(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 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 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.
[1] See References in Text note below.
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