Notes on 42 U.S.C. § 622 : US Code - Notes

Search Notes on 42 U.S.C. § 622 : US Code - Notes

(Aug. 14, 1935, ch. 531, title IV, Sec. 422, as added and amended
Pub. L. 90-248, title II, Sec. 240(c), (d), Jan. 2, 1968, 81 Stat.
912, 915; Pub. L. 93-647, Sec. 3(a)(6), (7), (h), Jan. 4, 1975, 88
Stat. 2348, 2349; Pub. L. 96-272, title I, Sec. 103(a), June 17,
1980, 94 Stat. 517; Pub. L. 101-239, title X, Sec. 10403(b)(1),
Dec. 19, 1989, 103 Stat. 2488; Pub. L. 103-66, title XIII, Sec.
13711(b)(1), Aug. 10, 1993, 107 Stat. 655; Pub. L. 103-382, title
V, Sec. 554, Oct. 20, 1994, 108 Stat. 4057; Pub. L. 103-432, title
II, Secs. 202(a), 204(a), Oct. 31, 1994, 108 Stat. 4453, 4456; Pub.
L. 104-193, title I, Sec. 108(b), Aug. 22, 1996, 110 Stat. 2165;
Pub. L. 105-33, title V, Sec. 5592(a)(1)(A), (2), Aug. 5, 1997, 111
Stat. 644; Pub. L. 105-89, title I, Sec. 102(1), title II, Sec.
202(a), Nov. 19, 1997, 111 Stat. 2117, 2125; Pub. L. 105-200, title
IV, Sec. 410(b), July 16, 1998, 112 Stat. 673; Pub. L. 106-279,
title II, Sec. 205, Oct. 6, 2000, 114 Stat. 837.)
REFERENCES IN TEXT
Section 103(d) of the Adoption Assistance and Child Welfare Act
of 1980, referred to in subsec. (b)(1), is section 103(d) of Pub.
L. 96-272, which is set out as a note below.
Parts A and E of this subchapter, referred to in subsec. (b)(2),
are classified to sections 601 et seq. and 670 et seq. of this
title.
The Indian Child Welfare Act, referred to in subsec. (b)(10),
probably means the Indian Child Welfare Act of 1978, Pub. L. 95-
608, Nov. 8, 1978, 92 Stat. 3069, as amended, which is classified
principally to chapter 21 (Sec. 1901 et seq.) of Title 25, Indians.
For complete classification of this Act to the Code, see Short
Title note set out under section 1901 of Title 25 and Tables.
AMENDMENTS
2000 - Subsec. (b)(13), (14). Pub. L. 106-279 added pars. (13)
and (14).
1998 - Subsec. (b)(2). Pub. L. 105-200 struck out "under" before
"the State plan approved under part E of this subchapter".
1997 - Subsec. (b)(9). Pub. L. 105-33, Sec. 5592(a)(2), made
technical amendment to directory language of Pub. L. 103-432, Sec.
204(a)(2). See 1994 Amendment note below.
Pub. L. 105-33, Sec. 5592(a)(1)(A)(iii), redesignated par. (9),
relating to providing assurances that the State has met certain
requirements to protect foster children, as (10).
Pub. L. 105-33, Sec. 5592(a)(1)(A)(i), amended par. (9) relating
to diligent recruitment of potential foster and adoptive families
by substituting a semicolon for period at end.
Subsec. (b)(10). Pub. L. 105-33, Sec. 5592(a)(1)(A)(iii),
redesignated par. (9), relating to providing assurances that the
State has met certain requirements to protect foster children, as
(10). Former par. (10) redesignated (11).
Subsec. (b)(10)(B). Pub. L. 105-89, Sec. 102(1), in cl. (iii)(I)
inserted "safe and" after "where" and in cl. (iv) inserted "safely"
after "remain".
Subsec. (b)(11). Pub. L. 105-33, Sec. 5592(a)(1)(A)(ii),
redesignated par. (10) as (11).
Subsec. (b)(12). Pub. L. 105-89, Sec. 202(a), added par. (12).
1996 - Subsec. (b)(2). Pub. L. 104-193 substituted "program
funded under part A of this subchapter" for "plan approved under
part A of this subchapter" and "under the State plan approved under
part E of this subchapter" for "part E of this subchapter".
1994 - Subsec. (b)(7). Pub. L. 103-432, Sec. 202(a)(1), which
directed amendment of par. (7) by striking out "and" at end, could
not be executed because "and" did not appear at end subsequent to
amendment by Pub. L. 103-382, Sec. 554(1). See below.
Pub. L. 103-382, Sec. 554(1), struck out "and" at end.
Subsec. (b)(8). Pub. L. 103-432, Sec. 204(a)(1), struck out "and"
at end.
Pub. L. 103-432, Sec. 202(a)(2), which directed amendment of par.
(8) by substituting "; and" for period at end, could not be
executed because there was no period at end subsequent to amendment
by Pub. L. 103-382, Sec. 554(2). See below.
Pub. L. 103-382, Sec. 554(2), substituted "; and" for period at
end.
Subsec. (b)(9). Pub. L. 103-432, Sec. 204(a)(2), as amended by
Pub. L. 105-33, Sec. 5592(a)(2), substituted "; and" for period at
end of par. (9) relating to providing assurances that the State has
met certain requirements to protect foster children.
Pub. L. 103-432, Sec. 202(a)(3), added par. (9) relating to
providing assurances that the State has met certain requirements to
protect foster children.
Pub. L. 103-382, Sec. 554(3), added par. (9) relating to diligent
recruitment of potential foster and adoptive families.
Subsec. (b)(10). Pub. L. 103-432, Sec. 204(a)(3), added par.
(10).
1993 - Subsec. (a). Pub. L. 103-66, Sec. 13711(b)(1)(A),
substituted "under this subpart" for "under this part".
Subsec. (b). Pub. L. 103-66, Sec. 13711(b)(1)(B), substituted
"this subpart" for "this part" in introductory provisions.
Subsec. (b)(2). Pub. L. 103-66, Sec. 13711(b)(1)(B), (C),
inserted "under the State plan approved under subpart 2 of this
part," after "part A of this subchapter," and substituted "under
this subpart" for "under this part".
Subsec. (b)(3). Pub. L. 103-66, Sec. 13711(b)(1)(B), substituted
"under this subpart" for "under this part".
1989 - Subsec. (b)(1)(A). Pub. L. 101-239 substituted "the
individual or agency that administers or supervises the
administration of the State's services program under subchapter XX
of this chapter" for "the individual or agency designated pursuant
to section 1397b(d)(1)(C) of this title to administer or supervise
the administration of the State's services program".
1980 - Pub. L. 96-272 substituted provisions relating to State
plans covering child welfare services for provisions relating to
the payments to States and the computation of amounts. See section
623 of this title.
1975 - Subsec. (a)(1)(A)(i). Pub. L. 93-647, Sec. 3(a)(6),
substituted "the individual or agency designated pursuant to
section 1397b(d)(1)(C) of this title to administer or supervise the
administration of the State's services program" for "the State
agency designated pursuant to section 602(a)(3) of this title to
administer or supervise the administration of the plan of the State
approved under part A of this subchapter".
Subsec. (a)(i)(A)(ii). Pub. L. 93-647, Sec. 3(a)(7), substituted
"a single organizational unit in such State or local agency, as the
case may be," for "the organizational unit in such State or local
agency established pursuant to section 602(a)(15) of this title".
Subsec. (c). Pub. L. 93-647, Sec. 3(h), added subsec. (c).
1968 - Subsec. (a)(1). Pub. L. 90-248, Sec. 240(d), added subpar.
(A) and redesignated former subpars. (A) and (B) as (B) and (C),
respectively.
EFFECTIVE DATE OF 2000 AMENDMENT
Amendment by Pub. L. 106-279 effective Oct. 6, 2000, with
transition rule, see section 505(a)(1), (b) of Pub. L. 106-279, set
out as an Effective Dates; Transition Rule note under section 14901
of this title.
EFFECTIVE DATE OF 1997 AMENDMENTS
Section 501 of Pub. L. 105-89 provided that:
"(a) In General. - Except as otherwise provided in this Act
[enacting sections 673b, 678, and 679b of this title, amending this
section, sections 603, 629, 629a, 629b, 653, 671 to 673, 674, 675,
677, and 1320a-9 of this title, and sections 645 and 901 of Title
2, The Congress, enacting provisions set out as notes under
sections 613, 629a, 671, 673, 675, 679b, 1305, 1320a-9, 5111, and
5113 of this title, and amending provisions set out as a note under
section 670 of this title], the amendments made by this Act take
effect on the date of enactment of this Act [Nov. 19, 1997].
"(b) Delay Permitted if State Legislation Required. - In the case
of a State plan under part B or E of title IV of the Social
Security Act [this part and part E of this subchapter] which the
Secretary of Health and Human Services determines requires State
legislation (other than legislation appropriating funds) in order
for the plan to meet the additional requirements imposed by the
amendments made by this Act, the State plan shall not be regarded
as failing to comply with the requirements of such part solely on
the basis of the failure of the plan to meet such additional
requirements before the first day of the first calendar quarter
beginning after the close of the first regular session of the State
legislature that begins after the date of enactment of this Act
[Nov. 19, 1997]. For purposes of the previous sentence, in the case
of a State that has a 2-year legislative session, each year of such
session shall be deemed to be a separate regular session of the
State legislature."
Section 5593 of title V of Pub. L. 105-33 provided that: "The
amendments made by this chapter [chapter 5 (Secs. 5591-5593) of
subtitle F of title V of Pub. L. 105-33, amending this section and
sections 624, 625, 628b, 671, and 672 of this title] shall take
effect as if included in the enactment of title V of the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996
(Public Law 104-193; 110 Stat. 2277)."
EFFECTIVE DATE OF 1996 AMENDMENT
Amendment by Pub. L. 104-193 effective July 1, 1997, with
transition rules relating to State options to accelerate such date,
rules relating to claims, actions, and proceedings commenced before
such date, rules relating to closing out of accounts for terminated
or substantially modified programs and continuance in office of
Assistant Secretary for Family Support, and provisions relating to
termination of entitlement under AFDC program, see section 116 of
Pub. L. 104-193, as amended, set out as an Effective Date note
under section 601 of this title.
EFFECTIVE DATE OF 1994 AMENDMENT
Section 202(e) of Pub. L. 103-432 provided that: "The amendments
and repeal made by this section [amending this section and sections
623 to 625 and 672 of this title and repealing section 627 of this
title] shall be effective with respect to fiscal years beginning on
or after April 1, 1996."
Section 204(b) of Pub. L. 103-432 provided that: "The amendments
made by subsection (a) [amending this section] shall be effective
with respect to fiscal years beginning on or after October 1,
1995."
EFFECTIVE DATE OF 1993 AMENDMENT
Section 13711(c) of Pub. L. 103-66 provided that: "The amendments
made by this section [enacting sections 629 to 629e of this title
and amending this section and sections 623, 628, and 671 of this
title] shall be effective with respect to calendar quarters
beginning on or after October 1, 1993."
EFFECTIVE DATE OF 1989 AMENDMENT
Section 10403(b)(2) of Pub. L. 101-239 provided that: "The
amendment made by paragraph (1) [amending this section] shall take
effect as if such amendment had been included in section 1883(e)(1)
of the Tax Reform Act of 1986 [Pub. L. 99-514, amending section
1397b of this title] on the date of the enactment of such Act [Oct.
22, 1986]."
EFFECTIVE DATE OF 1975 AMENDMENT
Amendment by section 3 of Pub. L. 93-647 effective with respect
to payments under sections 603 and 803 of this title for quarters
commencing after Sept. 30, 1975, except that amendment by section
3(a) of Pub. L. 93-647 not effective with respect to the
Commonwealth of Puerto Rico, the Virgin Islands, or Guam, see
section 7(b) of Pub. L. 93-647, set out as a note under section 303
of this title.
EFFECTIVE DATE OF 1968 AMENDMENT; DIFFERENT STATE AGENCIES FOR
ADMINISTRATION OF STATE PLANS UNDER PARTS A AND B
Section 240(e)(3) of Pub. L. 90-248 provided that: "The
amendments made by paragraphs (1) and (2) of subsection (d)
[amending this section] shall become effective July 1, 1969, except
that (A) if on the date of enactment of this Act [Jan. 2, 1968] the
agency of a State administering its plan for child-welfare services
developed under part B of title IV of the Social Security Act [this
part] is different from the agency of the State designated pursuant
to section 402(a)(3) of such Act [section 602(a)(3) of this title],
so much of paragraph (1) of section 422(a) of such Act [subsec. (a)
of this section] as precedes subparagraph (B) (as added by
paragraph (2) of such subsection (d)) shall not apply with respect
to such agencies but only so long as such agencies of the State are
different, and (B) if on such date the local agency administering
the plan of a State for child-welfare services developed under part
B of title IV of the Social Security Act [this part] is different
from the local agency in such subdivision administering the plan of
such State under part A of title IV of such Act [part A of this
subchapter], so much of such paragraph (1) as precedes such
subparagraph (B) shall not apply with respect to such local
agencies but only so long as such local agencies are different."
FINDINGS AND PURPOSE
Section 552 of Pub. L. 103-382 provided that:
"(a) Findings. - The Congress finds that -
"(1) nearly 500,000 children are in foster care in the United
States;
"(2) tens of thousands of children in foster care are waiting
for adoption;
"(3) 2 years and 8 months is the median length of time that
children wait to be adopted;
"(4) child welfare agencies should work to eliminate racial,
ethnic, and national origin discrimination and bias in adoption
and foster care recruitment, selection, and placement procedures;
and
"(5) active, creative, and diligent efforts are needed to
recruit foster and adoptive parents of every race, ethnicity, and
culture in order to facilitate the placement of children in
foster and adoptive homes which will best meet each child's
needs.
"(b) Purpose. - It is the purpose of this subpart [subpart 1 of
part E of title V of Pub. L. 103-382, enacting section 5115a of
this title, amending this section, and enacting provisions set out
as a note under section 1305 of this title] to promote the best
interests of children by -
"(1) decreasing the length of time that children wait to be
adopted;
"(2) preventing discrimination in the placement of children on
the basis of race, color, or national origin; and
"(3) facilitating the identification and recruitment of foster
and adoptive families that can meet children's needs."
GUAM, PUERTO RICO, VIRGIN ISLANDS, AND COMMONWEALTH OF NORTHERN
MARIANA ISLANDS
Section 103(c) of Pub. L. 96-272 provided that in the case of
Guam, Puerto Rico, the Virgin Islands, and the Commonwealth of the
Northern Mariana Islands, subsec. (b)(1) of this section (as
otherwise amended by section 103(a) of Pub. L. 96-272), is deemed
to read as follows:
"(1) provide that (A) the State agency designated pursuant to
section 602(a)(3) of this title to administer or supervise the
administration of the plan of the State approved under part A of
this subchapter will administer or supervise the administration of
such plan for child welfare services, and (B) to the extent that
child welfare services are furnished by the staff of the State
agency or local agency administering such plan for child welfare
services, the organizational unit in such State or local agency
established pursuant to section 602(a)(15) of this title will be
responsible for furnishing such child welfare services;".
ADMINISTRATION OF STATE PLAN FOR CHILD WELFARE SERVICES BY
NON-DESIGNATED AGENCY
Section 103(d) of Pub. L. 96-272 provided that: "Notwithstanding
section 422(b)(1) of the Social Security Act (as amended by
subsection (a) of this section) [subsec. (b)(1) of this section] if
on December 1, 1974, the agency of a State administering its plan
for child welfare services under part B of title IV of that Act
[this part] was not the agency designated pursuant to section
402(a)(3) of that Act [section 602(a)(3) of this title], such
section 422(b)(1) shall not apply with respect to such agency, but
only so long as such agency is not the agency designated under
section 2003(d)(1)(C) of that Act [section 1397b(d)(1)(C) of this
title]; and if on December 1, 1974, the local agency administering
the plan of a State under part B of title IV of that Act in a
subdivision of the State was not the local agency in such
subdivision administering the plan of such State under part A of
that title [part A of this subchapter], such section 422(b)(1)
shall not apply with respect to such local agency, but only so long
as such local agency is not the local agency administering the
program of the State for the provision of services under title XX
of that Act [subchapter XX of this chapter]."
OVERPAYMENTS OR UNDERPAYMENTS
Section 240(f)(3) of Pub. L. 90-248 provided that in the case of
any State which has a plan developed as provided in part 3 of this
subchapter as in effect prior to Jan. 2, 1968, sections 721 to 728
of this title, "any overpayment or underpayment which the Secretary
determines was made to the State under section 523 of the Social
Security Act [section 723 of this title] and with respect to which
adjustment has not then already been made under subsection (b) of
such section shall, for purposes of section 422 of such Act [this
section], be considered an overpayment or underpayment (as the case
may be) made under section 422 of such Act."
(!1) So in original.