Laws: Cases and Codes : U.S. Code : Title 42 : Section 622


   
U.S. Code as of: 01/19/04
Section 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 section 675(5) of
          this title) for each child receiving foster care under the
          supervision of the State;
            (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 section 450b of title 25) in
      the State, of the specific measures taken by the State to comply
      with the Indian Child Welfare Act [25 U.S.C. 1901 et seq.];
        (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;
        (13) contain a description of the activities that the State has
      undertaken for children adopted from other countries, including
      the provision of adoption and post-adoption services; and
        (14) provide that the State shall collect and report
      information on children who are adopted from other countries and
      who enter into State custody as a result of the disruption of a
      placement for adoption or the dissolution of an adoption,
      including the number of children, the agencies who handled the
      placement or adoption, the plans for the child, and the reasons
      for the disruption or dissolution.



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