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U.S. Code as of:
01/19/04
Section 671. State plan for foster care and adoption assistance
(a) Requisite features of State plan
In order for a State to be eligible for payments under this part,
it shall have a plan approved by the Secretary which -
(1) provides for foster care maintenance payments in accordance
with section 672 of this title and for adoption assistance in
accordance with section 673 of this title;
(2) provides that the State agency responsible for
administering the program authorized by subpart 1 of part B of
this subchapter shall administer, or supervise the administration
of, the program authorized by this part;
(3) provides that the plan shall be in effect in all political
subdivisions of the State, and, if administered by them, be
mandatory upon them;
(4) provides that the State shall assure that the programs at
the local level assisted under this part will be coordinated with
the programs at the State or local level assisted under parts A
and B of this subchapter, under subchapter XX of this chapter,
and under any other appropriate provision of Federal law;
(5) provides that the State will, in the administration of its
programs under this part, use such methods relating to the
establishment and maintenance of personnel standards on a merit
basis as are found by the Secretary to be necessary for the
proper and efficient operation of the programs, except that the
Secretary shall exercise no authority with respect to the
selection, tenure of office, or compensation of any individual
employed in accordance with such methods;
(6) provides that the State agency referred to in paragraph (2)
(hereinafter in this part referred to as the "State agency") will
make such reports, in such form and containing such information
as the Secretary may from time to time require, and comply with
such provisions as the Secretary may from time to time find
necessary to assure the correctness and verification of such
reports;
(7) provides that the State agency will monitor and conduct
periodic evaluations of activities carried out under this part;
(8) provides safeguards which restrict the use of or disclosure
of information concerning individuals assisted under the State
plan to purposes directly connected with (A) the administration
of the plan of the State approved under this part, the plan or
program of the State under part A, B, or D of this subchapter or
under subchapter I, V, X, XIV, XVI (as in effect in Puerto Rico,
Guam, and the Virgin Islands), XIX, or XX of this chapter, or the
supplemental security income program established by subchapter
XVI of this chapter, (B) any investigation, prosecution, or
criminal or civil proceeding, conducted in connection with the
administration of any such plan or program, (C) the
administration of any other Federal or federally assisted program
which provides assistance, in cash or in kind, or services,
directly to individuals on the basis of need, (D) any audit or
similar activity conducted in connection with the administration
of any such plan or program by any governmental agency which is
authorized by law to conduct such audit or activity, and (E)
reporting and providing information pursuant to paragraph (9) to
appropriate authorities with respect to known or suspected child
abuse or neglect; and the safeguards so provided shall prohibit
disclosure, to any committee or legislative body (other than an
agency referred to in clause (D) with respect to an activity
referred to in such clause), of any information which identifies
by name or address any such applicant or recipient; except that
nothing contained herein shall preclude a State from providing
standards which restrict disclosures to purposes more limited
than those specified herein, or which, in the case of adoptions,
prevent disclosure entirely;
(9) provides that the State agency will -
(A) report to an appropriate agency or official, known or
suspected instances of physical or mental injury, sexual abuse
or exploitation, or negligent treatment or maltreatment of a
child receiving aid under part B of this subchapter or this
part under circumstances which indicate that the child's health
or welfare is threatened thereby; and
(B) provide such information with respect to a situation
described in subparagraph (A) as the State agency may have;
(10) provides for the establishment or designation of a State
authority or authorities which shall be responsible for
establishing and maintaining standards for foster family homes
and child care institutions which are reasonably in accord with
recommended standards of national organizations concerned with
standards for such institutions or homes, including standards
related to admission policies, safety, sanitation, and protection
of civil rights, and provides that the standards so established
shall be applied by the State to any foster family home or child
care institution receiving funds under this part or part B of
this subchapter;
(11) provides for periodic review of the standards referred to
in the preceding paragraph and amounts paid as foster care
maintenance payments and adoption assistance to assure their
continuing appropriateness;
(12) provides for granting an opportunity for a fair hearing
before the State agency to any individual whose claim for
benefits available pursuant to this part is denied or is not
acted upon with reasonable promptness;
(13) provides that the State shall arrange for a periodic and
independently conducted audit of the programs assisted under this
part and part B of this subchapter, which shall be conducted no
less frequently than once every three years;
(14) provides (A) specific goals (which shall be established by
State law on or before October 1, 1982) for each fiscal year
(commencing with the fiscal year which begins on October 1, 1983)
as to the maximum number of children (in absolute numbers or as a
percentage of all children in foster care with respect to whom
assistance under the plan is provided during such year) who, at
any time during such year, will remain in foster care after
having been in such care for a period in excess of twenty-four
months, and (B) a description of the steps which will be taken by
the State to achieve such goals;
(15) provides that -
(A) in determining reasonable efforts to be made with respect
to a child, as described in this paragraph, and in making such
reasonable efforts, the child's health and safety shall be the
paramount concern;
(B) except as provided in subparagraph (D), reasonable
efforts shall be made to preserve and reunify families -
(i) prior to the placement of a child in foster care, to
prevent or eliminate the need for removing the child from the
child's home; and
(ii) to make it possible for a child to safely return to
the child's home;
(C) if continuation of reasonable efforts of the type
described in subparagraph (B) is determined to be inconsistent
with the permanency plan for the child, reasonable efforts
shall be made to place the child in a timely manner in
accordance with the permanency plan, and to complete whatever
steps are necessary to finalize the permanent placement of the
child;
(D) reasonable efforts of the type described in subparagraph
(B) shall not be required to be made with respect to a parent
of a child if a court of competent jurisdiction has determined
that -
(i) the parent has subjected the child to aggravated
circumstances (as defined in State law, which definition may
include but need not be limited to abandonment, torture,
chronic abuse, and sexual abuse);
(ii) the parent has -
(I) committed murder (which would have been an offense
under section 1111(a) of title 18, if the offense had
occurred in the special maritime or territorial
jurisdiction of the United States) of another child of the
parent;
(II) committed voluntary manslaughter (which would have
been an offense under section 1112(a) of title 18, if the
offense had occurred in the special maritime or territorial
jurisdiction of the United States) of another child of the
parent;
(III) aided or abetted, attempted, conspired, or
solicited to commit such a murder or such a voluntary
manslaughter; or
(IV) committed a felony assault that results in serious
bodily injury to the child or another child of the parent;
or
(iii) the parental rights of the parent to a sibling have
been terminated involuntarily;
(E) if reasonable efforts of the type described in
subparagraph (B) are not made with respect to a child as a
result of a determination made by a court of competent
jurisdiction in accordance with subparagraph (D) -
(i) a permanency hearing (as described in section 675(5)(C)
of this title) shall be held for the child within 30 days
after the determination; and
(ii) reasonable efforts shall be made to place the child in
a timely manner in accordance with the permanency plan, and
to complete whatever steps are necessary to finalize the
permanent placement of the child; and
(F) reasonable efforts to place a child for adoption or with
a legal guardian may be made concurrently with reasonable
efforts of the type described in subparagraph (B);
(16) provides for the development of a case plan (as defined in
section 675(1) of this title) for each child receiving foster
care maintenance payments under the State plan and provides for a
case review system which meets the requirements described in
section 675(5)(B) of this title with respect to each such child;
(17) provides that, where appropriate, all steps will be taken,
including cooperative efforts with the State agencies
administering the program funded under part A of this subchapter
and plan approved under part D of this subchapter, to secure an
assignment to the State of any rights to support on behalf of
each child receiving foster care maintenance payments under this
part;
(18) not later than January 1, 1997, provides that neither the
State nor any other entity in the State that receives funds from
the Federal Government and is involved in adoption or foster care
placements may -
(A) deny to any person the opportunity to become an adoptive
or a foster parent, on the basis of the race, color, or
national origin of the person, or of the child, involved; or
(B) delay or deny the placement of a child for adoption or
into foster care, on the basis of the race, color, or national
origin of the adoptive or foster parent, or the child,
involved;
(19) provides that the State shall consider giving preference
to an adult relative over a non-related caregiver when
determining a placement for a child, provided that the relative
caregiver meets all relevant State child protection standards;
(20)(A) unless an election provided for in subparagraph (B) is
made with respect to the State, provides procedures for criminal
records checks for any prospective foster or adoptive parent
before the foster or adoptive parent may be finally approved for
placement of a child on whose behalf foster care maintenance
payments or adoption assistance payments are to be made under the
State plan under this part, including procedures requiring that -
(i) in any case in which a record check reveals a felony
conviction for child abuse or neglect, for spousal abuse, for a
crime against children (including child pornography), or for a
crime involving violence, including rape, sexual assault, or
homicide, but not including other physical assault or battery,
if a State finds that a court of competent jurisdiction has
determined that the felony was committed at any time, such
final approval shall not be granted; and
(ii) in any case in which a record check reveals a felony
conviction for physical assault, battery, or a drug-related
offense, if a State finds that a court of competent
jurisdiction has determined that the felony was committed
within the past 5 years, such final approval shall not be
granted; and
(B) subparagraph (A) shall not apply to a State plan if the
Governor of the State has notified the Secretary in writing that
the State has elected to make subparagraph (A) inapplicable to
the State, or if the State legislature, by law, has elected to
make subparagraph (A) inapplicable to the State;
(21) provides for health insurance coverage (including, at
State option, through the program under the State plan approved
under subchapter XIX of this chapter) for any child who has been
determined to be a child with special needs, for whom there is in
effect an adoption assistance agreement (other than an agreement
under this part) between the State and an adoptive parent or
parents, and who the State has determined cannot be placed with
an adoptive parent or parents without medical assistance because
such child has special needs for medical, mental health, or
rehabilitative care, and that with respect to the provision of
such health insurance coverage -
(A) such coverage may be provided through 1 or more State
medical assistance programs;
(B) the State, in providing such coverage, shall ensure that
the medical benefits, including mental health benefits,
provided are of the same type and kind as those that would be
provided for children by the State under subchapter XIX of this
chapter;
(C) in the event that the State provides such coverage
through a State medical assistance program other than the
program under subchapter XIX of this chapter, and the State
exceeds its funding for services under such other program, any
such child shall be deemed to be receiving aid or assistance
under the State plan under this part for purposes of section
1396a(a)(10)(A)(i)(I) of this title; and
(D) in determining cost-sharing requirements, the State shall
take into consideration the circumstances of the adopting
parent or parents and the needs of the child being adopted
consistent, to the extent coverage is provided through a State
medical assistance program, with the rules under such program;
(22) provides that, not later than January 1, 1999, the State
shall develop and implement standards to ensure that children in
foster care placements in public or private agencies are provided
quality services that protect the safety and health of the
children;
(23) provides that the State shall not -
(A) deny or delay the placement of a child for adoption when
an approved family is available outside of the jurisdiction
with responsibility for handling the case of the child; or
(B) fail to grant an opportunity for a fair hearing, as
described in paragraph (12), to an individual whose allegation
of a violation of subparagraph (A) of this paragraph is denied
by the State or not acted upon by the State with reasonable
promptness; and
(24) include (!1) a certification that, before a child in
foster care under the responsibility of the State is placed with
prospective foster parents, the prospective foster parents will
be prepared adequately with the appropriate knowledge and skills
to provide for the needs of the child, and that such preparation
will be continued, as necessary, after the placement of the
child.
(b) Approval of plan by Secretary
The Secretary shall approve any plan which complies with the
provisions of subsection (a) of this section.
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