Laws: Cases and Codes : U.S. Code : Title 42 : Section 673
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U.S. Code as of:
01/19/04
Section 673 - Notes
SOURCE
(Aug. 14, 1935, ch. 531, title IV, Sec. 473, as added and amended
Pub. L. 96-272, title I, Secs. 101(a)(1), 102(a)(3), June 17, 1980,
94 Stat. 504, 514; Pub. L. 99-272, title XII, Sec. 12305(a),
(b)(1), Apr. 7, 1986, 100 Stat. 293; Pub. L. 99-514, title XVII,
Sec. 1711(a), (b), (c)(3)-(5), Oct. 22, 1986, 100 Stat. 2783, 2784;
Pub. L. 99-603, title II, Sec. 201(b)(2)(B), Nov. 6, 1986, 100
Stat. 3403; Pub. L. 100-203, title IX, Secs. 9133(b)(3), (4),
9139(b), Dec. 22, 1987, 101 Stat. 1330-314, 1330-321; Pub. L.
103-432, title II, Secs. 265(b), 266(a), Oct. 31, 1994, 108 Stat.
4469; Pub. L. 104-193, title I, Sec. 108(d)(5), (6), Aug. 22, 1996,
110 Stat. 2167; Pub. L. 105-33, title V, Sec. 5513(b)(3), (4), Aug.
5, 1997, 111 Stat. 620; Pub. L. 105-89, title III, Sec. 307(a),
Nov. 19, 1997, 111 Stat. 2133.)
REFERENCES IN TEXT
Part A of this subchapter, referred to in subsec. (b)(1), (2), is
classified to section 601 et seq. of this title.
AMENDMENTS
1997 - Subsec. (a)(2). Pub. L. 105-89 inserted at end "Any child
who meets the requirements of subparagraph (C), who was determined
eligible for adoption assistance payments under this part with
respect to a prior adoption, who is available for adoption because
the prior adoption has been dissolved and the parental rights of
the adoptive parents have been terminated or because the child's
adoptive parents have died, and who fails to meet the requirements
of subparagraphs (A) and (B) but would meet such requirements if
the child were treated as if the child were in the same financial
and other circumstances the child was in the last time the child
was determined eligible for adoption assistance payments under this
part and the prior adoption were treated as never having occurred,
shall be treated as meeting the requirements of this paragraph for
purposes of paragraph (1)(B)(ii)."
Pub. L. 105-33, Sec. 5513(b)(3), substituted "July 16, 1996" for
"June 1, 1995" wherever appearing.
Subsec. (b)(1). Pub. L. 105-33, Sec. 5513(b)(4), substituted
"July 16, 1996" for "June 1, 1995".
1996 - Subsec. (a)(2)(A)(i). Pub. L. 104-193, Sec. 108(d)(5)(A),
inserted "(as such sections were in effect on June 1, 1995)" after
"section 607 of this title", "(as so in effect)" after "specified
in section 606(a) of this title", and "(as such section was in
effect on June 1, 1995)" after "603".
Subsec. (a)(2)(B)(i). Pub. L. 104-193, Sec. 108(d)(5)(B),
inserted "would have" before "received aid under the State plan"
and "(as in effect on June 1, 1995)" after "602 of this title".
Subsec. (a)(2)(B)(ii)(II). Pub. L. 104-193, Sec. 108(d)(5)(C),
inserted "(as in effect on June 1, 1995)" after "606(a) of this
title".
Subsec. (b). Pub. L. 104-193, Sec. 108(d)(6), amended subsec. (b)
generally. Prior to amendment, subsec. (b) read as follows: "For
purposes of subchapters XIX and XX of this chapter, any child -
"(1)(A) who is a child described in subsection (a)(2) of this
section, and
"(B) with respect to whom an adoption assistance agreement is
in effect under this section (whether or not adoption assistance
payments are provided under the agreement or are being made under
this section), including any such child who has been placed for
adoption in accordance with applicable State and local law
(whether or not an interlocutory or other judicial decree of
adoption has been issued), or
"(2) with respect to whom foster care maintenance payments are
being made under section 672 of this title,
shall be deemed to be a dependent child as defined in section 606
of this title and shall be deemed to be a recipient of aid to
families with dependent children under part A of this subchapter in
the State where such child resides. For purposes of the preceding
sentence, 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 his or her 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 being made
under section 672 of this title."
1994 - Subsec. (a)(6)(B). Pub. L. 103-432, Sec. 266(a),
substituted "section 674(a)(3)(E) of this title" for "section
674(a)(3)(C) of this title".
Pub. L. 103-432, Sec. 265(b), substituted "section 674(a)(3)(C)
of this title" for "section 674(a)(3)(B) of this title".
1987 - Subsec. (a)(2). Pub. L. 100-203, Sec. 9139(b), made
technical amendment to Pub. L. 99-603. See 1986 Amendment note
below.
Subsec. (a)(2)(A)(iii). Pub. L. 100-203, Sec. 9133(b)(3)(A),
added cl. (iii).
Subsec. (a)(2)(B)(iii). Pub. L. 100-203, Sec. 9133(b)(3)(B),
inserted "or (A)(iii)" after "(A)(ii)".
Subsec. (b). Pub. L. 100-203, Sec. 9133(b)(4), inserted sentence
at end.
1986 - Subsec. (a)(2). Pub. L. 99-603, as amended Pub. L.
100-203, Sec. 9139(b), inserted at end "The last sentence of
section 672(a) of this title shall apply, for purposes of
subparagraph (B), in any case where the child is an alien described
in that sentence."
Pub. L. 99-514, Sec. 1711(a), substituted par. (1) and
introductory text of par. (2) for former introductory text of par.
(1) which read as follows: "Each State with a plan approved under
this part shall, directly through the State agency or through
another public or nonprofit private agency, make adoption
assistance payments pursuant to an adoption assistance agreement in
amounts determined under paragraph (2) of this subsection to
parents who, after June 17, 1980, adopt a child who - ". Former
par. (2) redesignated (3).
Subsec. (a)(3). Pub. L. 99-514, Sec. 1711(a)(1), (c)(3),
redesignated par. (2) as (3), substituted "payments to be made in
any case under clauses (i) and (ii) of paragraph (1)(B)" for
"adoption assistance payments", and inserted "made under clause
(ii) of paragraph (1)(B)". Former par. (3) redesignated (4).
Subsec. (a)(4). Pub. L. 99-514, Sec. 1711(a)(1), redesignated
par. (3) as (4). Former par. (4) redesignated (5).
Subsec. (a)(5). Pub. L. 99-514, Sec. 1711(a)(1), (c)(4),
redesignated par. (4) as (5) and substituted "in accordance with
applicable State and local law shall be eligible for such payments"
for ", pursuant to an interlocutory decree, shall be eligible for
adoption assistance payments under this subsection".
Subsec. (a)(6). Pub. L. 99-514, Sec. 1711(b), added par. (6).
Subsec. (b). Pub. L. 99-272, Sec. 12305(a), amended subsec. (b)
generally. Prior to amendment, subsec. (b) read as follows: "For
purposes of subchapters XIX and XX of this chapter, any child with
respect to whom adoption assistance payments are made under this
section shall be deemed to be a dependent child as defined in
section 606 of this title and shall be deemed to be a recipient of
aid to families with dependent children under part A of this
subchapter."
Subsec. (b)(1)(A). Pub. L. 99-514, Sec. 1711(c)(5), substituted
"subsection (a)(2)" for "subsection (a)(1)".
Subsec. (c)(2). Pub. L. 99-272, Sec. 12305(b)(1), substituted
"without providing adoption assistance under this section or
medical assistance under subchapter XIX of this chapter" for
"without providing adoption assistance", and inserted "or medical
assistance under subchapter XIX of this chapter" after "appropriate
adoptive parents without providing adoption assistance under this
section".
1980 - Subsec. (a)(1). Pub. L. 96-272, Sec. 102(a)(3), inserted
references to voluntary placement agreements in subpars. (A)(i) and
(B)(i), (ii).
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 671, 672, 673a, 673b,
674, 1320a-9, 1396a, 1396v of this title; title 10 section 1052;
title 14 section 514.
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