Notes on 42 U.S.C. § 675 : US Code - Notes

Search Notes on 42 U.S.C. § 675 : US Code - Notes

(Aug. 14, 1935, ch. 531, title IV, Sec. 475, as added and amended
Pub. L. 96-272, title I, Secs. 101(a)(1), 102(a)(4), June 17, 1980,
94 Stat. 510, 514; Pub. L. 99-272, title XII, Secs. 12305(b)(2),
12307(b), Apr. 7, 1986, 100 Stat. 293, 296; Pub. L. 99-514, title
XVII, Sec. 1711(c)(6), Oct. 22, 1986, 100 Stat. 2784; Pub. L. 100-
203, title IX, Sec. 9133(a), Dec. 22, 1987, 101 Stat. 1330-314;
Pub. L. 100-647, title VIII, Sec. 8104(e), Nov. 10, 1988, 102 Stat.
3797; Pub. L. 101-239, title VIII, Sec. 8007(a), (b), Dec. 19,
1989, 103 Stat. 2462; Pub. L. 103-432, title II, Secs. 206(a), (b),
209(a), (b), 265(c), Oct. 31, 1994, 108 Stat. 4457, 4459, 4469;
Pub. L. 105-89, title I, Secs. 101(b), 102(2), 103(a), (b), 104,
107, title III, Sec. 302, Nov. 19, 1997, 111 Stat. 2117, 2118,
2120, 2121, 2128.)
REFERENCES IN TEXT
Part B of this subchapter, referred to in text, is classified to
section 620 et seq. of this title.
AMENDMENTS
1997 - Par. (1). Pub. L. 105-89, Sec. 107(1)(A), (B), struck out
"the case plan must also include" before "a written description" in
concluding provisions and redesignated those provisions as subpar.
(D) of par. (1).
Par. (1)(A). Pub. L. 105-89, Sec. 102(2)(A)(i), inserted "safety
and" before "appropriateness of the placement".
Par. (1)(B). Pub. L. 105-89, Sec. 102(2)(A)(ii), inserted "safe
and" after "child receives" and "safe" after "return of the child
to his own".
Par. (1)(D). Pub. L. 105-89, Sec. 107(1)(B), redesignated
concluding provisions of par. (1) as subpar. (D) of par. (1) and
realigned margins.
Par. (1)(E). Pub. L. 105-89, Sec. 107(2), added subpar. (E).
Par. (5)(A). Pub. L. 105-89, Sec. 102(2)(B)(i), inserted "a safe
setting that is" after "placement in" in introductory provisions.
Par. (5)(B). Pub. L. 105-89, Sec. 102(2)(B)(ii), inserted "the
safety of the child," after "determine" and "and safely maintained
in" before "the home or placed for adoption".
Par. (5)(C). Pub. L. 105-89, Sec. 302, substituted "permanency
hearing" for "dispositional hearing" and "no later than 12 months
after the date the child is considered to have entered foster care
(as determined under subparagraph (F))" for "no later than eighteen
months after the original placement", and which directed the
substitution of "permanency plan for the child that includes
whether, and if applicable when, the child will be returned to the
parent, placed for adoption and the State will file a petition for
termination of parental rights, or referred for legal guardianship,
or (in cases where the State agency has documented to the State
court a compelling reason for determining that it would not be in
the best interests of the child to return home, be referred for
termination of parental rights, or be placed for adoption, with a
fit and willing relative, or with a legal guardian) placed in
another planned permanent living arrangement" for "future status of
the child (including, but not limited to, whether the child should
be returned to the parent, should be continued in foster care for a
specified period, should be placed for adoption, or should (because
of the child's special needs or circumstances) be continued in
foster care on a permanent or long term basis)", was executed by
making the substitution for text which contained the words "long-
term" rather than "long term" to reflect the probable intent of
Congress.
Par. (5)(E). Pub. L. 105-89, Sec. 103(a), added subpar. (E).
Par. (5)(F). Pub. L. 105-89, Sec. 103(b), added subpar. (F).
Par. (5)(G). Pub. L. 105-89, Sec. 104, added subpar. (G).
Par. (7). Pub. L. 105-89, Sec. 101(b), added par. (7).
1994 - Par. (5)(A). Pub. L. 103-432, Sec. 209(a), inserted "which
- " after "needs of the child," and added cls. (i) and (ii).
Pub. L. 103-432, Sec. 206(a), inserted "and most appropriate"
after "(most family like)".
Par. (5)(C). Pub. L. 103-432, Sec. 209(b), inserted "and, in the
case of a child described in subparagraph (A)(ii), whether the out-
of-State placement continues to be appropriate and in the best
interests of the child," after "permanent or long-term basis)".
Pub. L. 103-432, Sec. 206(b), substituted "(and not less
frequently than every 12 months" for "(and periodically".
Par. (5)(D). Pub. L. 103-432, Sec. 265(c), realigned margins.
1989 - Par. (1). Pub. L. 101-239, Sec. 8007(a), inserted "(A)"
before "A description", substituted "section 672(a)(1) of this
title. (B) A plan" for "section 672(a)(1) of this title; and a
plan", realigned margins of subpars. (A) and (B), added subpar.
(C), and set the last sentence flush with the left margin of par.
(1).
Par. (5)(D). Pub. L. 101-239, Sec. 8007(b), added subpar. (D).
1988 - Par. (5)(C). Pub. L. 100-647 inserted "and, in the case of
a child who has attained age 16, the services needed to assist the
child to make the transition from foster care to independent
living" after "long-term basis)".
1987 - Par. (4). Pub. L. 100-203 designated existing provisions
as subpar. (A) and added subpar. (B).
1986 - Par. (1). Pub. L. 99-272, Sec. 12307(b), inserted at end
"Where appropriate, for a child age 16 or over, the case plan must
also include a written description of the programs and services
which will help such child prepare for the transition from foster
care to independent living."
Par. (3). Pub. L. 99-514 added cl. (A) and struck out former cl.
(A) which read as follows: "specifies the amounts of any adoption
assistance payments and any other services and assistance which are
to be provided as part of such agreement, and".
Pub. L. 99-272, Sec. 12305(b)(2), substituted in cl. (A) "any
adoption assistance payments and any other services and assistance"
for "the adoption assistance payments and any additional services
and assistance".
1980 - Par. (1). Pub. L. 96-272, Sec. 102(a)(4), inserted
reference to voluntary placement agreements.
EFFECTIVE DATE OF 1997 AMENDMENT
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.
EFFECTIVE DATE OF 1994 AMENDMENT
Section 206(c) of Pub. L. 103-432 provided that: "The amendments
made by this section [amending this section] shall take effect on
October 1, 1995."
Section 209(d) of Pub. L. 103-432 provided that: "The amendments
made by this section [amending this section and section 679 of this
title] shall be effective with respect to fiscal years beginning on
or after October 1, 1995."
Amendment by section 265(c) of Pub. L. 103-432 effective as if
included in the provision of Pub. L. 101-239 to which the amendment
relates, at the time the provision became law, see section 265(d)
of Pub. L. 103-432, set out as a note under section 673 of this
title.
EFFECTIVE DATE OF 1989 AMENDMENT
Section 8007(c) of Pub. L. 101-239 provided that: "The amendments
made by subsections (a) and (b) [amending this section] shall take
effect on April 1, 1990."
EFFECTIVE DATE OF 1988 AMENDMENT
Amendment by Pub. L. 100-647 effective Oct. 1, 1988, see section
8104(g)(1) of Pub. L. 100-647, set out as a note under section 677
of this title.
EFFECTIVE DATE OF 1987 AMENDMENT
Amendment by 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.
Amendment by section 12305(b)(2) of Pub. L. 99-272 applicable to
medical assistance furnished in or after the first calendar quarter
beginning more than 90 days after Apr. 7, 1986, see section
12305(c) of Pub. L. 99-272, set out as a note under section 673 of
this title.
EFFECTIVE DATE OF 1980 AMENDMENT
Section 101(a)(4)(A) of Pub. L. 96-272 provided that: "Clause (B)
of the first sentence of section 475(3) of the Social Security Act
[par. (3)(B) of this section] (as added by subsection (a) of this
section) shall be effective with respect to adoption assistance
agreements entered into on or after October 1, 1983."
Amendment by section 102(a)(4) 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.
CONSTRUCTION
Section 103(d) of Pub. L. 105-89 provided that: "Nothing in this
section [amending this section and enacting provisions set out as a
note below] or in part E of title IV of the Social Security Act (42
U.S.C. 670 et seq.), as amended by this Act, shall be construed as
precluding State courts or State agencies from initiating the
termination of parental rights for reasons other than, or for
timelines earlier than, those specified in part E of title IV of
such Act, when such actions are determined to be in the best
interests of the child, including cases where the child has
experienced multiple foster care placements of varying durations."
TRANSITION RULES; NEW AND CURRENT FOSTER CHILDREN
Section 103(c) of Pub. L. 105-89 provided that:
"(1) New foster children. - In the case of a child who enters
foster care (within the meaning of section 475(5)(F) of the Social
Security Act [par. (5)(F) of this section]) under the
responsibility of a State after the date of the enactment of this
Act [Nov. 19, 1997] -
"(A) if the State comes into compliance with the amendments
made by subsection (a) of this section [amending this section]
before the child has been in such foster care for 15 of the most
recent 22 months, the State shall comply with section 475(5)(E)
of the Social Security Act [par. (5)(E) of this section] with
respect to the child when the child has been in such foster care
for 15 of the most recent 22 months; and
"(B) if the State comes into such compliance after the child
has been in such foster care for 15 of the most recent 22 months,
the State shall comply with such section 475(5)(E) with respect
to the child not later than 3 months after the end of the first
regular session of the State legislature that begins after such
date of enactment.
"(2) Current foster children. - In the case of children in foster
care under the responsibility of the State on the date of the
enactment of this Act, the State shall -
"(A) not later than 6 months after the end of the first regular
session of the State legislature that begins after such date of
enactment, comply with section 475(5)(E) of the Social Security
Act with respect to not less than 1/3 of such children as the
State shall select, giving priority to children for whom the
permanency plan (within the meaning of part E of title IV of the
Social Security Act [this part]) is adoption and children who
have been in foster care for the greatest length of time;
"(B) not later than 12 months after the end of such first
regular session, comply with such section 475(5)(E) with respect
to not less than 2/3 of such children as the State shall
select; and
"(C) not later than 18 months after the end of such first
regular session, comply with such section 475(5)(E) with respect
to all of such children.
"(3) Treatment of 2-year legislative sessions. - For purposes of
this subsection, in the case of a State that has a 2-year
legislative session, each year of the session is deemed to be a
separate regular session of the State legislature.
"(4) Requirements treated as state plan requirements. - For
purposes of part E of title IV of the Social Security Act, the
requirements of this subsection shall be treated as State plan
requirements imposed by section 471(a) of such Act [section 671(a)
of this title]."
(!1) So in original. The semicolon probably should be a comma.