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U.S. Code as of:
01/19/04
Section 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
(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
(B)(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.
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