Notes on 42 U.S.C. § 672 : US Code - Notes

Search Notes on 42 U.S.C. § 672 : US Code - Notes

(Aug. 14, 1935, ch. 531, title IV, Sec. 472, as added and amended
Pub. L. 96-272, title I, Secs. 101(a)(1), 102(a)(1), (2), June 17,
1980, 94 Stat. 503, 513, 514; Pub. L. 99-603, title II, Sec.
201(b)(2)(A), title III, Secs. 302(b)(2), 303(e)(2), Nov. 6, 1986,
100 Stat. 3403, 3422, 3431; Pub. L. 100-203, title IX, Secs.
9133(b)(2), 9139(a), Dec. 22, 1987, 101 Stat. 1330-314, 1330-321;
Pub. L. 103-432, title II, Sec. 202(d)(3), Oct. 31, 1994, 108 Stat.
4454; Pub. L. 104-193, title I, Sec. 108(d)(3), (4), title V, Sec.
501, Aug. 22, 1996, 110 Stat. 2166, 2277; Pub. L. 105-33, title V,
Secs. 5513(b)(1), (2), 5592(b), Aug. 5, 1997, 111 Stat. 620, 644;
Pub. L. 105-89, title I, Sec. 101(c), Nov. 19, 1997, 111 Stat.
2117; Pub. L. 106-169, title I, Sec. 111, Dec. 14, 1999, 113 Stat.
1829; Pub. L. 109-113, Sec. 2, Nov. 22, 2005, 119 Stat. 2371.)
REFERENCES IN TEXT
Section 1161 of title 8, referred to in subsec. (a), was repealed
by Pub. L. 103-416, title II, Sec. 219(ee)(1), Oct. 25, 1994, 108
Stat. 4319.
Parts A and B of this subchapter, referred to in subsecs. (f) and
(h), are classified to sections 601 et seq. and 620 et seq.,
respectively, of this title.
AMENDMENTS
2005 - Subsec. (b). Pub. L. 109-113 struck out "nonprofit" before
"private" in pars. (1) and (2).
1999 - Subsec. (a). Pub. L. 106-169 inserted at end "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).
1997 - Subsec. (a). Pub. L. 105-33, Sec. 5513(b)(1), substituted
"July 16, 1996" for "June 1, 1995" in introductory provisions.
Subsec. (a)(1). Pub. L. 105-89 inserted "for a child" before
"have been made;".
Subsec. (a)(4). Pub. L. 105-33, Sec. 5513(b)(1), substituted
"July 16, 1996" for "June 1, 1995" in subpars. (A) and (B).
Subsec. (d). Pub. L. 105-33, Sec. 5592(b), substituted "section
622(b)(10)" for "section 622(b)(9)".
Subsec. (h)(1). Pub. L. 105-33, Sec. 5513(b)(2), substituted
"July 16, 1996" for "June 1, 1995".
1996 - Subsec. (a). Pub. L. 104-193, Sec. 108(d)(3)(A), in
introductory provisions, substituted "would have met the
requirements" for "would meet the requirements" and inserted "(as
such sections were in effect on June 1, 1995)" after "section 607
of this title" and "(as so in effect)" after "section 606(a) of
this title".
Subsec. (a)(4)(A). Pub. L. 104-193, Sec. 108(d)(3)(B)(i),
substituted "would have received aid" for "received aid" and
inserted "(as in effect on June 1, 1995)" after "section 602 of
this title".
Subsec. (a)(4)(B)(ii). Pub. L. 104-193, Sec. 108(d)(3)(B)(ii),
inserted "(as in effect on June 1, 1995)" after "section 606(a) of
this title".
Subsec. (c)(2). Pub. L. 104-193, Sec. 501, struck out "nonprofit"
before "private child-care institution."
Subsec. (h). Pub. L. 104-193, Sec. 108(d)(4), amended subsec. (h)
generally. Prior to amendment, subsec. (h) read as follows: "For
purposes of subchapters XIX and XX of this chapter, any child with
respect to whom foster care maintenance 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. 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 made under this section."
1994 - Subsec. (d). Pub. L. 103-432 substituted "section
622(b)(9) of this title" for "section 627(b) of this title".
1987 - Subsec. (a). Pub. L. 100-203, Sec. 9139(a), substituted
"section 673(a)(2)(B) of this title" for "section 673(a)(1)(B) of
this title".
Subsec. (h). Pub. L. 100-203, Sec. 9133(b)(2), inserted sentence
at end.
1986 - Subsec. (a). Pub. L. 99-603, Sec. 303(e)(2), inserted in
closing provisions reference to cases in which a child is an alien
disqualified under section 1161(d)(7) of title 8.
Pub. L. 99-603, Sec. 302(b)(2), inserted in closing provisions
reference to cases in which a child is an alien disqualified under
section 1160(f) of title 8.
Pub. L. 99-603, Sec. 201(b)(2)(A), inserted closing provisions:
"In any case where the child is an alien disqualified under section
1255a(h) 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)(1)(B) of
this title), with respect to that month, if he or she would have
satisfied such requirements but for such disqualification."
1980 - Subsec. (a). Pub. L. 96-272, Sec. 102(a)(1), inserted
provisions relating to voluntary placement agreements entered into
by a child's parent or legal guardian.
Subsecs. (d) to (h). Pub. L. 96-272, Sec. 102(a)(2), added
subsecs. (d) to (g). Former subsec. (d) was redesignated (h).
EFFECTIVE DATE OF 1997 AMENDMENTS
Amendment by Pub. L. 105-89 effective Nov. 19, 1997, except as
otherwise provided, with delay permitted if State legislation is
required, see section 501 of Pub. L. 105-89, set out as a note
under section 622 of this title.
Amendment by section 5513(b)(1), (2) of Pub. L. 105-33 effective
as if included in section 108 of the Personal Responsibility and
Work Opportunity Reconciliation Act of 1996, Pub. L. 104-193, at
the time such section 108 became law, see section 5518(b) of Pub.
L. 105-33, set out as a note under section 652 of this title.
Amendment by section 5592(b) of Pub. L. 105-33 effective as if
included in the enactment of title V of the Personal Responsibility
and Work Opportunity Reconciliation Act of 1996, Pub. L. 104-193,
see section 5593 of Pub. L. 105-33, set out as a note under section
622 of this title.
EFFECTIVE DATE OF 1996 AMENDMENT
Amendment by section 108(d)(3), (4) of 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
Amendment by Pub. L. 103-432 effective with respect to fiscal
years beginning on or after Apr. 1, 1996, see section 202(e) of
Pub. L. 103-432, set out as a note under section 622 of this title.
EFFECTIVE DATE OF 1987 AMENDMENT
Section 9133(c) of Pub. L. 100-203 provided that: "The amendments
made by this section [amending this section and sections 602, 673,
and 675 of this title] shall become effective April 1, 1988."
EFFECTIVE DATE OF 1980 AMENDMENT
Section 102(a)(1) of Pub. L. 96-272, as amended by Pub. L. 98-
118, Sec. 3(a), Oct. 11, 1983, 97 Stat. 803; Pub. L. 98-617, Sec.
4(c)(1), Nov. 8, 1984, 98 Stat. 3297; Pub. L. 99-272, title XII,
12306(c)(1), Apr. 7, 1986, 100 Stat. 294; Pub. L. 100-203, title
IX, Sec. 9131(a)(1), Dec. 22, 1987, 101 Stat. 1330-313, provided
that the amendment made by that section is effective with respect
to expenditures made after Sept. 30, 1980.
Section 102(c) of Pub. L. 96-272, as amended by Pub. L. 98-118,
Sec. 3(b), Oct. 11, 1983, 97 Stat. 803; Pub. L. 98-617, Sec.
4(c)(2), Nov. 8, 1984, 98 Stat. 3297; Pub. L. 99-272, title XII,
Sec. 12306(c)(2), Apr. 7, 1986, 100 Stat. 294; Pub. L. 100-203,
title IX, Sec. 9131(a)(2), Dec. 22, 1987, 101 Stat. 1330-313,
provided that: "The amendments made by subsections (a) and (b)
[amending this section and sections 608, 673, and 675 of this
title] shall be effective only with respect to expenditures made
after September 30, 1979."
[Section 9131(b) of Pub. L. 100-203 provided that: "The
amendments made by subsection (a) [amending section 102(a)(1), (c),
and (e) of Pub. L. 96-272, set out as notes under this section]
shall become effective October 1, 1987."]
CHILDREN VOLUNTARILY REMOVED FROM HOME OF RELATIVE
Section 102(d)(1) of Pub. L. 96-272 provided that: "For purposes
of section 472 of the Social Security Act [this section], a child
who was voluntarily removed from the home of a relative and who had
a judicial determination prior to October 1, 1978, to the effect
that continuation therein would be contrary to the welfare of such
child, shall be deemed to have been so removed as a result of such
judicial determination if, and from the date that, a case plan and
a review meeting the requirements of section 471(a)(16) of such Act
[section 671(a)(16) of this title] have been made with respect to
such child and such child is determined to be in need of foster
care as a result of such review. In the case of any child described
in the preceding sentence, for purposes of section 472(a)(4) of
such Act [subsec. (a)(4) of this section], the date of the
voluntary removal shall be deemed to be the date on which court
proceedings are initiated which led to such removal."
ANNUAL REPORT TO CONGRESS OF NUMBER OF CHILDREN PLACED IN FOSTER
CARE PURSUANT TO VOLUNTARY PLACEMENT AGREEMENTS
Pub. L. 96-272, title I, Sec. 102(e), June 17, 1980, 94 Stat.
515, as amended by Pub. L. 100-203, title IX, Sec. 9131(a)(3), Dec.
22, 1987, 101 Stat. 1330-313, which required the Secretary of
Health, Education, and Welfare, to submit to Congress a full and
complete annual report on the placement of children in foster care
pursuant to voluntary placement agreements under this section and
section 608 of this title, terminated, effective May 15, 2000,
pursuant to section 3003 of Pub. L. 104-66, as amended, set out as
a note under section 1113 of Title 31, Money and Finance. See,
also, item 12 on page 99 of House Document No. 103-7.
(!1) See References in Text note below.