Notes on 42 U.S.C. § 673 : US Code - Notes

Search Notes on 42 U.S.C. § 673 : US Code - Notes

(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).
EFFECTIVE DATE OF 1997 AMENDMENTS
Section 307(b) of Pub. L. 105-89 provided that: "The amendment
made by subsection (a) [amending this section] shall only apply to
children who are adopted on or after October 1, 1997."
Amendment by 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.
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 265(d) of Pub. L. 103-432 provided that: "Each amendment
made by this section [amending this section and sections 608 and
675 of this title] shall take effect as if the amendment had been
included in the provision of OBRA-1989 [Pub. L. 101-239] to which
the amendment relates, at the time the provision became law."
Section 266(b) of Pub. L. 103-432 provided that: "The amendment
made by this section [amending this section] shall take effect as
if the amendment had been included in the provision of OBRA-1993
[Pub. L. 103-66] to which the amendment relates, at the time the
provision became law."
EFFECTIVE DATE OF 1987 AMENDMENT
Amendment by section 9133(b)(3), (4) of Pub. L. 100-203 effective
Apr. 1, 1988, see section 9133(c) of Pub. L. 100-203, set out as a
note under section 672 of this title.
EFFECTIVE DATE OF 1986 AMENDMENTS
Amendment by Pub. L. 99-514 applicable only with respect to
expenditures made after Dec. 31, 1986, see section 1711(d) of Pub.
L. 99-514, set out as a note under section 670 of this title.
Section 12305(c) of Pub. L. 99-272 provided that: "The amendments
made by this section [amending this section and sections 675 and
1396a of this title] shall apply to medical assistance furnished in
or after the first calendar quarter beginning more than 90 days
after the date of the enactment of this Act [Apr. 7, 1986]."
EFFECTIVE DATE OF 1980 AMENDMENT
Amendment by section 102(a)(3) of Pub. L. 96-272 effective only
with respect to expenditures made after Sept. 30, 1979, see section
102(c) of Pub. L. 96-272, as amended, set out as a note under
section 672 of this title.