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H.R. 3434 (96th): Adoption Assistance and Child Welfare Act of 1980

The text of the bill below is as of Jun 17, 1980 (Passed Congress).


94 STAT. 500                    PUBLIC LAW 96-272—JUNE 17, 1980

                 Public Law 96-272
                 96th Congress
                                                      An Act
 June 17,1980    IJIQ establish a program of adoption assistance, to strengthen the program of foster
  [H.R. 3434]        care assistance for needy and dependent children, to improve the child welfare,
                     social services, and aid to famihes with dependent children programs, and for
                     other purposes.

                  Be it enacted by the Senate and House of Representatives of the
Adoption         United States of America in Congress assembled.
Assistance and
Child Welfare
Act of 1980.                                       SHORT TITLE
42 use 1305         SECTION  1. This Act, with the following table of contents, may be
"°**-            cited as the "Adoption Assistance and Child Welfare Act of 1980".
                 o io,-_.x.x,              TABLE OF CONTENTS
                 Sec. 1. Short title.
                              TITLE I-POSTER CARE AND ADOPTION ASSISTANCE
                 Sec. 101. Federal pajmients for foster care and adoption assistance.
                 Sec. 102. Federal payments for dependent children voluntarily placed in foster care.
                 Sec. 103. Child-welfare services.
                                            TITLE n—SOCIAL SERVICES
                 Sec. 201. Determination of amount allocated to States.
                 Sec. 202. Extension of 100-per centum Federal matching for child day care expendi-
                             tures.
                 Sec. 203. Limitation on funds for training.
                 Sec. 204. Use of restricted private funds for training programs.
                 Sec. 205. Emergency shelter.
                 Sec. 206. Multiyear plan; choice of fiscal year.
                 Sec. 207. Social services funding for territories.
                 Sec. 208. Permanent extension of provisions relating to child day care services and
                             WIN tax credit.
                 Sec. 209. Permanent extension of provisions relating to services for alcoholics and
                             drug addicts.
                             TITLE ni-OTHER SOCIAL SECURITY ACT PROVISIONS
                 Sec. 801. Permanent extension of provisions relating to child support enforcement.
                 Sec. 302. Incentives to report earnings under AFDC programs.
                 Sec. 303. Prorating of shelter allowance.
                 Sec. 304. Services for disabled children.
                 Sec. 305. Public asnstance payments to territorial jurisdictions.
                 Sec. 306. Period within which certain claims must be filed.
                 Sec. 307. Incentives for States to collect child support obligations.
                 Sec. 308. Exchange of information on terminated or suspended providers.
                 Sec. 309. Postponement of imposition of certain penalties relating to child support
                              requirements.
                 Sec. 310. Continuing medicaid eligibility for certain recipients of Veterans' Adminis-
                              tration pensions.

PUBLIC LAW 96-272—JUNE 17, 1980 94 STAT. 501 TITLE I—FOSTER CARE AND ADOPTION ASSISTANCE FEDERAL PAYMENTS FOR FOSTER CARE AND ADOPTION ASSISTANCE SEC. 101. (aXD Title IV of the Social Security Act is amended by adding at the end thereof the following new part: "PART E—FEDERAL PAYMENTS FOR FOSTER CARE AND ADOPTION ASSISTANCE "PURPOSE: APPROPRIATION "SEC. 470. For the purpose of enabling each State to provide, in 42 use 670. appropriate cases, foster ceire and adoption assistance for children who otherwise would be eligible for assistance under the State's plan approved under part A (or, in the case of adoption assistance, would ^2 use 60i. be eligible for benefits under title XVI), there are authorized to be ^2 use i38i. appropriated for each fiscal year (commencing with the fiscal year wMch begins October 1,1980) such siuns as may be necessary to carry out the provisions of this part. The sums made available under thi^ section shall be used for making payments to States which have submitted, and had approved by the Secretary, State plans under this part. "STATE PLAN FOR FOSTER CARE AND ADOPTION ASSISTANCE "SEC. 471. (a) In order for a State to be eligible for payments under 42 use 67i. this part, it shall have a plan approved by the Secretary which— "(1) provides for foster care maintenance payments in accord- ance with section 472 and for adoption £issistance payments in accordance with section 473; "(2) provides that the State agency responsible for administer- ing the program authorized by part B of this title shall adminis- ^^^t' P- 516. ter, or supervise the administration of, the program authorized by this part; "(3) provides that the plan shall be in effect in all political subdivisions of the State, and, if administered by them, be mandatory upon them; "(4) provides that the State shall assure that the programs at the locied level assisted under this part will be coordinated with the programs at the State or local level assisted under parts A and B of this title, under title XX of this Act, and under any other 42 use 60i post appropriate provision of Federal law; fgg-J^' ^^ ^ ^ "(5) provides that the State will, in the administration of its programs under this part, use such methods relating to the establishment and maintenance of personnel standards on a merit basis as are found by the Secretary to be necessary for the proper and efficient operation of the programs, except that the Secretary shall exercise no authority with respect to the selection, tenure of office, or compensation of any individual employed in accordance with such methods; "(6) provides that the State agency referred to in paragraph (2) state agency. (hereinafter in this part referred to as the 'State agency*) will make such reports, in such form and containing such informa- tion as the Secretary may from time to time require, and comply with such provisions as the Secretary may from time to time fmd
94 STAT. 502 PUBLIC LAW 96-272—JUNE 17, 1980 necessary to assure the correctness and verification of such reports; "(7) provides that the State agency will monitor and conduct periodic evaluations of activities carried out under this part; Information "(8) provides safeguards which restrict the use of or disclosure disclosure of information concerning individuals assisted under the State restriction. plan to purposes directly connected with (A) the administration of the plan of the State approved under this part, the plan or 42 u s e 601, posf, program of the State under part A, B, C, or D of this title or under p. 516, 42 u s e title I, V, X, XIV, XVI (as in effect in Puerto Rico, Guam, and the 630, 651. 42 u s e 301, 701, Virgin Islands), XIX, or XX, or the supplemental security income 1201, 1351, 1381, program established by title XVI, (B) any investigation, prosecu- 1396, 1397. tion, or criminal or civil proceeding, conducted in connection 42 u s e 1381. with the administration of any such plan or program, (C) the administration of any other Federal or federally assisted pro- gram which provides assistance, in cash or in kind, or services, directly to individuals on the basis of need, and (D) any audit or similar activity conducted in connection with the administration of any such plan or program by any governmental agency which is authorized by law to conduct such audit or activity; and the safeguards so provided shall prohibit disclosure, to any commit- tee or legislative body (other than an agency referred to in clause (D) with respect to an activity referred to in such clause), of any information which identifies by name or address any such applicant or recipient; except that nothing contained herein shall preclude a State from providing standards which restrict disclosures to purposes more limited than those specified herein, or which, in the case of adoptions, prevent disclosure entirely; "(9) provides that where any agency of the State has reason to believe that the home or institution in which a child resides whose care is being paid for in whole or in part with funds Post, p. 516. provided under this part or part B of this title is unsuitable for the child because of the neglect, abuse, or exploitation of such child, it shall bring such condition to the attention of the appropriate court or law enforcement agency; "(10) provides that the standards referred to in section 42 u s e 1397b. 2003(dXlXF) shall be applied by the State to any foster family home or child care institution receiving funds under this part or part B of this title; Standards, "(11) provides for periodic review of the standards referred to review. in the preceding paragraph and amounts paid as foster care maintenance payments and adoption assistance payments to assure their continuing appropriateness; Hearing. "(12) provides for granting an opportunity for a fair hearing before the State agency to any individual whose claim for benefits available pursuant to this part is denied or is not acted upon with reasonable promptness; Audit. "(13) provides that the State shall arrange for a periodic and independently conducted audit of the programs assisted under this part and part B of this title, which shall be conducted no less frequently than once every three years; Goals. "(14) provides (A) specific goals (which shall be established by State law on or before October 1, 1982) for each fiscal year (commencing with the fiscal year which begins on October 1, 1983) as to the maximum number of children (in absolute numbers or as a percentage of all children in foster care with respect to whom assisteuice under the plan is provided during
PUBLIC LAW 96-272—JUNE 17, 1980 94 STAT. 503 such year) who, at any time during such year, will remain in foster care after having been in such care for a period in excess of twenty-four months, and (B) a description of the steps which will be taken by the State to achieve such goals; "(15) effective October 1, 1983, provides that, in each case, reasonable efforts will be made (A) prior to the placement of a child in foster care, to prevent or eliminate the need for removal of the child from his home, and (B) to make it possible for the child to return to his home; and "(16) provides for the development of a case plan (as defined in Case plan and case review section 475(1)) for each child receiving foster care maintenance system. payments under the State plan and provides for a case review system which meets the requirements described in section 475(5)(B) with respect to each such child. "(b) The Secretary shall approve any plan which complies with the Plan approval provisions of subsection (a) of this section. However, in any case in which the Secretary finds, after reasonable notice and opportunity for a hearing, that a State plan which has been approved by the Secretary no longer complies with the provisions of subsection (a), or that in the administration of the plan there is a substantial failure to comply with the provisions of the plan, the Secretary shall notify the State that further pajrments will not be made to the State under this part, or that such payments will be made to the State but reduced by £in amount which the Secretary determines appropriate, until the Secretary is satisfied that there is no longer any such failure to comply, and until he is so satisfied he shall make no further payments to the State, or shall reduce such payments by the amount specified in his notification to the State. FOSTER CARE MAINTENANCE PAYMENTS PROGRAM "SEC. 472. (a) Each State with a plan approved under this part shall 42USC672,/jos«, make foster care maintenance payments (as defined in section 475(4)) p. 513. under this part with respect to a child who would meet the require- ments of section 406(a) or of section 407 but for his removal from the 42 use 606, 607 home of a relative (specified in section 406(a)), if— "(1) the removal from the home was the result of a judicial determination to the effect that continuation therein would be contrary to the welfare of such child and (effective October 1, 1983) that reasonable efforts of the type described in section 471(a)(15) have been made; "(2) such child's placement and care are the responsibility of (A) the State agency administering the State plan approved under section 471, or (B) any other public agency with whom the State agency administering or supervising the administration of the State plan approved under section 471 has made an agree- ment which is still in effect; "(3) such child has been placed in a foster family home or child- care institution as a result of a determination referred to in paragraph (1); and "(4) such child— "(A) received aid under the State plan approved under section 402 in or for the month in which court proceedings 42 use 602. leading to the removal of such child from the home were initiated, or "(BXi) would have received such aid in or for such month if application had been made therefor, or (ii) had been living
94 STAT. 504 PUBLIC LAW 96-272—JUNE 17, 1980 42 u s e 606. with a relative specified in section 406(a) within six months prior to the month in which such proceedings were initiated, and would have received such aid in or for such month if in such month he had been living with such a relative and application therefor had been made. "(b) Foster care maintenance payments may be made under this part only on behalf of a child described in subsection (a) of this section who is— "(1) in the foster family home of an individual, whether the payments therefor are made to such individual or to a public or nonprofit private child-placement or child-care agency, or "(2) in a child-care institution, whether the payments therefor are made to such institution or to a public or nonprofit private child-placement or child-care agency, which payments shall be limited so as to include in such payments only those items which are included in the term 'foster care maintenance payments' (as defined in section 475(4)). "Foster family "(c) For the purposes of this part, (1) the term 'foster family home' home." means a foster family home for children which is licensed by the State in which it is situated or has been approved, by the agency of such State having responsibility for licensing homes of this type, as "Child-care meeting the standards established for such licensing; and (2) the term institution." 'child-care institution' means a nonprofit private child-care institu- tion, or a public child-care institution which accommodates no more than twenty-five children, which is licensed by the State in which it is situated or has been approved, by the agency of such State responsi- ble for licensing or approval of institutions of this type, as meeting the standards established for such licensing, but the term shall not include detention facilities, forestry camps, training schools, or any other facility operated primarily for the detention of children who are determined to be delinquent. 42 u s e 1396, "(d) For purposes of titles XIX and XX, any child with respect to 1397. whom foster care maintenance payments are made under this section 42 u s e 606. shall be deemed to be a dependent child as defined in section 406 and shall be deemed to be a recipient of aid to families with dependent 42 u s e 601. children under part A of this title. ADOPTION ASSISTANCE PROGRAM 42 u s e 673. "SEC. 473. (a)(1) Each State with a plan approved under this part Post, p. 514. shall, directly through the State agency or through another public or nonprofit private agency, make adoption assistance payments pursu- ant to an adoption assistance agreement in amounts determined under paragraph (2) of this subsection to parents who, after the effective date of this section, adopt a child who— "(A)(i) at the time adoption proceedings were initiated, met the 42 u s e 606, 607. requirements of section 406(a) or section 407 or would have met such requirements except for his removal from the home of a relative (specified in section 406(a)) as a result of a judicial determination to the effect that continuation therein would be contrary to the welfare of such child, or 42 u s e 1381. "(ii) meets all of the requirements of title XVI with respect to eligibility for supplemental security income benefits, "(B)(i) received aid under the State plan approved under 42 u s e 602. section 402 in or for the month in which court proceedings leading to the removal of Huch child from the home were initiated, or
PUBLIC LAW 96-272—JUNE 17, 1980 94 STAT. 505 "(iiXD would have received such aid in or for such month if application had been made therefor, or (II) had been living with a relative specified in section 406(a) within six months prior to the 42 u s e 606. month in which such proceedings were initiated, and would have received such aid in or for such month if in such month he had been living with such a relative and application therefor had been made, or "(iii) is a child described in subparagraph (AXii), and "(C) has been determined by the State, pursuant to subsection (c) of this section, to be a child with special needs. "(2) The amount of the adoption assistance payments shall be Amount of determined through agreement between the adoptive parents and the payment. State or local agency administering the program under this section, which shall take into consideration the circumstances of the adopting parents and the needs of the child being adopted, and may be readjusted periodically, with the concurrence of the adopting parents (which may be specified in the adoption assistance agreement), depending upon changes in such circumstances. However, in no case may the amount of the adoption assistance payment exceed the foster care maintenance payment which would have been paid during the period if the child with respect to whom the adoption assistance payment is made had been in a foster family home. "(3) Notwithstanding the preceding paragraph, (A) no payment Restrictions. may be made to parents with respect to any child who has attained the age of eighteen (or, where the State determines that the child has a mental or physical handicap which warrants the continuation of assistance, the age of twenty-one), and (B) no payment may be made to parents with respect to any child if the State determines that the parents are no longer legally responsible for the support of the child or if the State determines that the child is no longer receiving any support from such parents. Parents who have been receiving adop- tion assistance payments under this section shall keep the State or local agency administering the program under this section informed of circumstances which would, pursuant to this subsection, make them ineligible for such assistance payments, or eligible for assist- ance payments in a different amount. "(4) For purposes of this part, individuals with whom a child (who has been determined by the State, pursuant to subsection (c), to be a child with special needs) is placed for adoption, pursuant to an interlocutory decree, shall be eligible for adoption assistance pay- ments under this subsection, during the period of the placement, on the same terms and subject to the same conditions as if such individuals had adopted such child. "(b) For purposes of titles XIX and XX, any child with respect to 42 u s e 1396, whom adoption assistance payments are made under this section 1397. shall be deemed to be a dependent child as defined in section 406 and 42 u s e 606. shall be deemed to be a recipient of aid to families with dependent children under part A of this title. 42 u s e 601. "(c) For purposes of this section, a child shall not be considered a ehild with child with special needs unless— special needs. "(1) the State has determined that the child cannot or should not be returned to the home of his parents; and "(2) the State had first determined (A) that there exists with respect to the child a specific factor or condition (such as his ethnic background, age, or membership in a minority or sibling group, or the presence of factors such as medical conditions or physical, mental, or emotional handicaps) because of which it is
94 STAT. 506 PUBLIC LAW 96-272—JUNE 17, 1980 reasonable to conclude that such child cannot be placed with adoptive parents without providing adoption assistance, and (B) that, except where it would be against the best interests of the child because of such factors as the existence of significant emotional ties with prospective adoptive parents while in the care oif such parents as a foster child, a reasonable, but unsuccess- ful, effort has been made to place the child with appropriate adoptive parents without providing adoption assistance under this section. "PAYMENTS TO STATES; ALLOTMENTS TO STATES 42 use 674. "SEC. 474. (a) For each quarter beginning after September 30,1980, each State which has a plan aptproved under this ^art (subject to the limitations imposed by subsection G))) shall be entitled to a payment equal to the sum of— "(1) an amount equal to the Federal medical assistance per- 42 use i396d. centage (as defined in section 1905(b) of this Act) of the total amount expended during such quarter as foster care mainte- nance payments under section 472 for children in foster family homes or child-care institutions; plus "(2) an amount equal to the Federal medical assistance per- centage (as defined in section 1905(b) of this Act) of the total amount expended during such quarter as adoption assistance payments under section 473 pursuant to adoption assistance agreements; plus "(3) an amount equal to the sum of the following proportions of the total amounts expended during such quarter as found necessary by the Secretary for the proper and efficient adminis- tration of the State plan— "(A) 75 per centum of so much of such expenditures as are for the training (including both short- and long-term train- ing at educational institutions through grants to such insti- tutions or by direct financial assistance to students enrolled in such institutions) of personnel employed or preparing for employment by the State agency or by the local agency administering the plan in the political subdivision, and "(B) one-half of the remainder of such expenditures. "(bXD Notwithstanding the provisions of subsections (aXD and (aX3), the aggregate of the sums paj^able thereunder to any State 42 use 1308 (other than a State subject to limitation under section 1108(a)) with Fost,pp.bZb,5zy, respect to expenditures relating to foster care, for the calendar quarters in any of the fiscal years 1981 through 1984 in which the conditions set forth in paragraph (2) are met, shall not exceed the State's allotment for such year. "(2XA) The limitation in paragraph (1) shall apply— "(i) with respect to fiscal year 1981, only if the amount appropriated imder section 420 for such fiscal year is equal to or greater than $163,550,000; "(ii) with respect to fiscal year 1982, only if the amount 42 use 620. appropriated under section 420 for such fiscal year is equal to or greater than $220,000,000; "(iii) with respect to fiscal year 1983, only if the amount appropriated under section 420 for such fiscal year is equal to $266,000,000; and "(iv) with respect to fiscal year 1984, only if the amount appropriated under section 420 for such fiscal year is equal to $266,(J00,000.
PUBLIC LAW 96-272—JUNE 17, 1980 94 STAT. 507 "(B) The limitations set forth in paragraph (1) with respect to the fiscal years 1982 through 1984 shall apply only if the required appropriation is made in advance in an appropriation Act (as author- ized under section 420(b)) for the fiscal year preceding the fiscal year ^2 use 620. to which the limitation would apply. "(3) For purposes of this subsection, a State's allotment for any fiscad year shadl be the greater of— "(A) the amount determined under paragraph (4); "(B) an amount which bears the same ratio to $100,000,000 as the under age eighteen population of such State bears to the under age eighteen population of the fifty States and the District of Columbia; or "(C) at the option of the State, an amount determined under paragraph (5), but only in the case of a State which meets the requirements of such paragraph (5). "(4) For purposes of paragraph (3XA), a State's allotment shall be State allotment determined as follows: crS'"^*'°" "(A) The allotment for any State for fiscal year 1980 shall be an amount equal to such State s base amount (as determined under subparagraph (c)) increased by 21.2 percent. "(B) The allotment for any State for each of the fiscal years 1981 through 1984 shall be an amount equal to such State's allotment for the preceding fiscal year, increased or decreased by a percentage equal to twice the percentage increase or decrease (as the case may be) (but not to exceed an increase or decrezise of 10 percent) in the CJonsumer Price Index prepared by the Depart- ment of Labor, and used in determining cost-of-living adjust- ments under section 215(i) of this Act, for the second quarter of 42 use 415. the preceding fiscal year as compared to such index for the second quarter of the second preceding fiscal year. For purposes of this subparagraph the Consumer Price Index for any quarter shall be the arithmetical mean of such index for the three months in such quarter. "(C) The base amount shall be equal to the amount of the Federal funds payable to such State for Hscal year 1978 under section 403 on account of expenditures for aid with respect to 42 use 603. which Federal financial participation is authorized in payments pursuant to section 408 (inclu(Ung administrative expenditures Post, p. 512. attributable to the provision of such aid as determined by the Secretary) and for those States which in fiscal year 1978 did not make foster care maintenance payments under section 408 on behalf of children otherwise eligible for such payment, solely because their foster care was provided by related persons, shall be equal to the total amount of Federal funds the State would have been entitled to be paid under section 403 on account of expenditures pursuant to section 408 for that fiscal year if such payments had been made. In the event that there is a dispute between any State and the Secretary as to the amount of such expenditures for such fiscal year, then, until the beginning of the fiscal year immediately following the fiscal year in which the dispute is finally resolved, the base amount shall be deemed to be the amount of Federal fimds which would have been payable under section 403 if the amount of such expenditures were equal to the amoimt thereof claimed by the State. "(5XA) For purposes of paragraph (3XC), a State's allotment for any fiscal year ending after September 30, 1980, and before October 1, 1984, may, at the option of the State (and if the State meets the
94 STAT. 508 PUBLIC LAW 96-272—JUNE 17, 1980 requirements of subparagraphs (B) and (O), be determined by appli- cation of the provisions of paragraph (4) with the following modifica- tions: "(i) The base amount for purposes of determining an allotment for any such fiscal year shall be equal to the base amount determined under paragraph (4XC) increased by a percentage equal to the percentage by which the average monthly number of children in such State receiving aid with respect to which Federal financial participation is authorized in payments pursu- Post, p. 512. ant to section 408, or receiving foster care maintenance pay- ments with respect to which Federal financial participation is authorized under this part, for such fiscal year exceeds the average monthly number of such children for fiscal year 1978. "(ii) For purposes of clause (i), the percentage determined under such clause shall not exceed 33.1 percent in the case of fiscal year 1981, 46.4 percent in the case of fiscal year 1982, 61.1 percent in the case of fiscal year 1983, or 77.2 percent in the case of fiscal year 1984. "(B) No State may exercise the option to have its allotment amount determined under the provisions of this paragraph unless, for fiscal year 1978, the average monthly number of children in such State receiving aid for which Federal financial participation is authorized in pajrments pursuant to section 408 £is a percentage of the under age eighteen population of such State, was less than the average such percentage for the fifty States and the District of C!olumbia. "(C) No State may exercise the option to have its allotment determined under this paragraph for any fiscal year other than fiscal year 1981 after the first fiscal year (after fiscal year 1978) with respect to which the average monthly number of children in such State receiving aid for which Federal financial participation is authorized in pajnments pursuant to section 408, or receiving foster care maintenance pajnments for which Federal financial participa- tion is authorized under this part, as a percentage of the under age eighteen population of such State, was equal to or greater than the average such percentage for the fifty States and the District of Columbia for the fiscal year 1978. Any allotment determined under this paragraph for a State which opted to have its allotment so determined under this paragraph for the fiscal year prior to the first fiscal year for which its option may not be exercised by reason of the preceding sentence shall be considered to be such State's allotment for such prior fiscal year for purposes of determining allotments for subsequent fiscal years under paragraph (4). "(D) In determining the number of children receiving aid for which Federal financial participation is authorized in payments under section 408 or under this part, for any fiscal year, with respect to any State and with respect to the national average for purposes of subparagraphs (B) and (C), there shall be included those children with respect to whom foster care maintenance payments were not made under section 408 or this part (though they were otherwise eligible for such payments) solely because their foster care was provided by related persons. In the event that there is a dispute between any State and the Secretary as to the number of such children (with respect to whom foster care maintenance payments were not made) for any fiscal year, then until the beginning of the fiscal year immediately foUowinjg the fiscal year in which the dispute is finally resolved, determinations under subparagraphs (B) and (C) shall be
PUBLIC LAW 96-272—JUNE 17, 1980 94 STAT. 509 made on the basis of the number of such children claimed by the State. "(E) The Secretary shall promulgate an interim allotment amount Interim and for purposes of this paragraph for each fiscal year for each State final allotment amounts. exercising its option to have its allotment determined under this paragraph, based on the most recent satisfactory data available, not later than six months after the beginning of such fiscal year. The amount of such allotment shall be adjusted, and the final allotment amount shall be promulgated, based on the most recent satisfactory data available, not later than nine months after the end of such fiscal year. "(6) Except in the case of a State which loses the option of having its allotment determined under paragraph (5) by reason of the provisions of paragraph (5XC), and subject to the provisions of such paragraph (5)(C), the amount of any allotment as determined in accordance with subparagraph (A), (B), or (C) of paragraph (3) for any fiscal year for any State shall be determined in accordance with the provisions of such subparagraph, without regard to the amount of such State's allotment for any prior fiscal year as determined in accordance with another such subparagraph. "(c)(1) Except as provided in paragraphs (3) and (4), for any of the State fiscal years 1981 through 1984 during which the limitation under reimbursements. subsection (b)(1) is in effect, sums available to a State from its allotment under subsection (b) for carrying out this part, which the State does not claim as reimbursement for expenditures in such year pursuant to subsection (a) of this section, may be claimed by the State as reimbursement for expenditures in such year pursuant to part B of this title, in addition to sums available pursuant to section 420 for Post, p. 516. carrying out part B. "(2) Except as provided in paragraphs (3) and (4), for any of the fiscal years 1981 through 1984 during which the limitation under subsection (b)(1) is not in effect, a State may claim as reimbursement for expenditures for such year pursuant to part B of this title, in addition to amounts claimed under section 420, an amount equal to the amount by which the State's allotment amount for such fiscal year (as determined under subsection Ot))(3)) exceeds the amount claimed by such State for such fiscal year as reimbursement for expenses relating to foster care under subsection (a); except that the total amount claimed by such State for such fiscal year under this paragraph, when added to the amount that such State receives for such fiscal year under section 420, may not exceed the amount that would have been payable to such State under section 420 for such fiscal year if the relvant amount described in subsection (b)(2)(A) had been appropriated for such fiscal year. "(3) The provisions of paragraphs (1) and (2) shall not apply for any fiscal year with respect to any State which, with respect to such fiscal year, exercised its option to have its allotment amount determined under subsection (bX5). "(4XA) No State may claim an amount under the provisions of this subsection as reimbursement for expenditures for any fiscal year pursuant to part B of this title to the extent that such amount, plus the amount claimed by such State for such fiscal year under section 420, exceeds the amount which would be allotted to such State under part B if the amount appropriated under section 420 were $141,000,000, unless such State has met the requirements set forth in section 427(a). Post, p. 519.
94 STAT. 510 PUBLIC LAW 96-272—JUNE 17, 1980 "(B) If, for each of any two consecutive fiscal years, there is 42 use 620. appropriated under section 420 a sum equal to $266,000,000, no State may claim any amount under the provisions of this subsection as reimbursement for expenditures for any succeeding fiscal year pursu- Post, p. 516. ant to part B of this title unless such State has met the requirements Post, p. 519. set forth in section 427(b). "(C) If, for each of any two fiscal years during which the limitation under subsection (b)(1) is not in effect, the total amount claimed by a State as reimbursement for expenditures pursuant to part B under this subsection and under section 420 equals the amount which would be allotted to such State for such fiscal year under part B if the amount appropriated under section 420 were $266,000,000, such State may not claim any amount under the provisions of paragraph (2) as reimbursement for expenditures for any succeeding fiscal year pursu- ant to part B of this title unless such State has met the requirements set forth in section 427(b). "DEFINITIONS p."5l6^^ ^^^*' "(1) The term 'case plan' means a written document which includes at least the following: A description of the type of home or, institution in which a child is to be placed, including a discussion of the appropriateness of the placement and how the agency which is responsible for the child plans to carry out the judicial determination made with respect to the child in accord- ance with section 472(aXl); and a plan for assuring that the child receives proper care and that services are provided to the parents, child, and foster parents in order to improve the condi- tions in the parents* home, facilitate return of the child to his own home or the permanent placement of the child, and address the needs of the child while in foster care, including a discussion of the appropriateness of the services that have been provided to the child under the plan. "(2) The term 'parents' means biological or adoptive parents or legal guardians, as determined by applicable State law. "(3) The term 'adoption assistance agreement' means a written agreement, binding on the parties to the agreement, between the State agency, other relevant agencies, and the prospective adop- tive parents of a minor child which at a minimum (A) specifies the amounts of the adoption assistance payments and any additional services and assistance which are to be provided as part of such agreement, and (B) stipulates that the agreement shall remain in effect regardless of the State of which the adoptive parents are residents at any given time. The ajgreement shall contain provisions for the protection (under an interstate compact approved by the Secretary or otherwise) of the interests of the child in cases where the adoptive parents and child move to another State while the agreement is effective. "(4) The term 'foster care maintenance payments' means payments to cover the cost of (and the cost of providing) food, clothing, shelter, daily supervision, school supplies, a child's personal incidentals, liability insurance with respect to a child, and reasonable travel to the child's home for visitation. In the case of institutional care, such term shall include the reasonable costs of administration and operation of such institution as are necessarily required to provide the items described in the preced- ing sentence.
PUBLIC LAW 96-272—JUNE 17, 1980 94 STAT. 511 "(5) The term 'case review system' means a procedure for assuring that— "(A) each child has a case plan designed to achieve placement in the least restrictive (most family like) setting available and in close proximity to the parents' home, consistent with the best interest and special needs of the child, "(B) the status of each child is reviewed periodically but no less frequently than once every six months by either a court or by administrative review (as defined in paragraph (6)) in order to determine the continuing necessity for and appro- priateness of the placement, the extent of compliance with the case plan, and the extent of progress which has been made toward alleviating or mitigating the causes necessitat- ing placement in foster care, and to project a likely date by which the child may be returned to the home or placed for adoption or legal guardianship, and "(C) with respect to each such child, procedural safeguards will be applied, among other things, to assure each child in foster care under the supervision of the State of a disposi- tional hearing to be held, in a family or juvenile court or another court (including a tribal court) of competent juris- diction, or by an administrative body appointed or approved by the court, no later than eighteen months after the original placement (and periodically thereafter during the continuation of foster care), which hearing shall determine the 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); and procedural safeguards shall also be applied with respect to parental rights pertain- ing to the removal of the child from the home of his parents, to a change in the child's placement, and to any determina- tion affecting visitation privileges of parents. "(6) The term 'administrative review' means a review open to the participation of the parents of the child, conducted by a panel of appropriate persons at least one of whom is not responsible for the case management of, or the delivery of services to, either the child or the parents who are the subject of the review. "TECHNICAL ASSISTANCE; DATA COLLECTION AND EVALUATION "SEC. 476. (a) The Secretary may provide technical assistance to the 42 use 676. States to assist them to develop the programs authorized under this part and shall periodically (1) evaluate the programs authorized under this part and part B of this title and (2) collect and publish data Ante, p. 501, post, pertaining to the incidence and characteristics of foster care and P ^^^ adoptions in this country. "(b) Each State shall submit statistical reports as the Secretary Statistical may require with respect to children for whom payments are made gec°etar° under this part containing information with respect to such children ^^^^ ^^^' including legal status, demographic characteristics, location, and length of any stay in foster care.". 79-194 O - 8 1 - p t . 1 36 : QL3
94 STAT. 512 PUBLIC LAW 96-272—JUNE 17, 1980 Repeal. (2)(A) Effective with respect to expenditures made after September 42 u s e 608. 30,1980, section 408 of the Social Security Act is, subject to subpara- graph (B), repealed. 42 u s e 608 note. (B) The repeal made by subparagraph (A) shall not be applicable in the case of any State for any quarter prior to the first quarter, which begins after September 30, 1980, in which such State has in effect a Ante, p. 501. State plan approved under part E of the Social Security Act, or (if earlier) such repeal shall be effective with respect to expenditures made after September 30, 1982. During any period with respect to which the repeal made by subparagraph (A)/is not applicable in the case of a State and during which a limitation is in effect under section Ante, p. 506. 474(b)(1) of the Social Security Act, the aggregate of the sums payable to the State, under the State's plan approved under part A of title IV 42 u s e 601. of such Act, with respect to expenditures (including administrative expenditures as determined by the Secretary of Health, Education, and Welfare) authorized or incurred by reason of the provisions of Supra. section 408 of such Act shall not exceed the amount of the allotment which such State would have had for such period under section 474(b) if such State had had an approved plan under part E of such title IV. Any amount which would have been available to such State from its allotment for any period with respect which such repeal is not applicable in the case of a State (whether or not a limitation is in effect under section 474(b)(1) of such Act) under section 474(b) of the Social Security Act (if such State had had an approved plan under part E of title IV of such Act) which the State does not claim as reimbursement with respect to expenditures (including administra- tive expenditures as determined by the Secretary) authorized or incurred by reason of the provisions of section 408 of such Act, may be claimed by the State as reimbursement for expenditures in such Post, p. 516. period pursuant to part B of title IV of such Act in the same manner as amounts available to States from allotments under section 474(b) of such Act, and not claimed as reimbursement under part E of title IV of such Act, are authorized to be claimed under section 474(c) of such Act. 42 u s e 602. (3)(A) Section 402(a)(20) of such Act is amended to read as follows: "(20) provide that the State has in effect a State plan for foster care and adoption assistance approved under part E of this Ante, p. 501. title;". Effective date. (B) The amendment made by subparagraph (A) shall become 42 u s e 602 note. effective with respect to any State at the same time as the repeal of Supra. section 408 becomes effective with respect to such State under the provisions of paragraph (2) of this subsection. Effective date. (4)(A) Clause (B) of the first sentence of section 475(3) of the Social 42 u s e 675 note. Security Act (as added by subsection (a) of this section) shall be Ante, p. 510. effective with respect to adoption assistance agreements entered into on or after October 1,1983. Interstate (B) The Secretary of Health, Education, and Welfare shall take all compacts. possible steps to encourage and assist the various States to enter into 42 u s e 673a. interstate compacts (which are hereby approved by the Congress) under which the interests of any adopted child with respect to whom an adoption assistance agreement has been entered into by a State Ante, p. 504. under section 473 of the Social Security Act will be adequately protected, on a reasonable and equitable basis which is approved by the Secretary, if and when the child and his or her adoptive parent (or parents) move to another State.
PUBLIC LAW 96-272—JUNE 17, 1980 94 STAT. 513 (5XA) Subject to the repeal provided under paragraph (2), the last paragraph of section 408 of the Social Security Act is amended to read Ante, p. 512. as follows: "For the purposes of this section, the term 'foster family home' "Foster family home." means a foster f^nily home for children which is licensed by the State in which it is situated or has been approved, by the agency of such State having responsibility for licensing homes of this type, as meeting the standards established for such licensing; and the term "Child-care *child-care institution' means a nonprofit private child-care institu- institution." tion, or a public child-care institution which accommodates no more than twenty-five children, which is licensed by the State in which it is situated or has been approved, by the agency of such State respon- sible for licensing or approval of institutions of this type, as meeting the standards established for such licensing; but the term shall not include detention facilities, forestry camps, training schools, or any other facility operated primarily for the detention of children who are determined to be delinquent. . (B) The amendment made by subparagraph (A) shall be effective Effective date. with respect to expenditures made on or after the date of the 42 u s e 608 note. enactment of this Act. Ot)Xl) The Secretary of Health, Education, and Welfare shall con- Report to Congress. duct a study of programs of foster care and adoption assistance 42 u s e 670 note. established under part IV-E of the Social Security Act (as added by subsection (a) of this section), and shall submit to the Congress, not Ante, p. 501. later than October 1, 1983, a full and complete report thereon, together with his recommendations as to (A) whether such part IV-E should be continued, and if so, (B) the changes (if any) which should be made in such part IV-E. (2) Such report shall include, but not be limited to, the following: (A) a determination £is to (i) the extent of reduction that has occurred in the duration of foster care under such programs, (ii) the extent to which such progreims of adoption assistance have resulted in an increase in the adoption of children who otherwise would have remained in foster care under State plans approved under title IV-A or IV-E of the Social Security Act, and (iii) the 42 u s e 601, ante, p. 501. extent to which the availability of Federal funding for adoption assistance under title IV-E of such Act has resulted in States' initiating or expanding programs for adoption assistance, and (B) specific legislative recommendations for ways to bring about further reduction in the duration of foster care for children. FEDERAL PAYMENTS FOR DEPENDENT CHILDREN VOLUNTARILY PLACED IN FOSTER CARE SEC. 102. (aXD Effective with respect to expenditures made after September 30,1980, and before October 1,1983, section 472(a) of the Social Security Act (as added by section 101 of this Act) is amended— Ante, p. 503. (A) by inserting "occurred pursuant to a voluntary placement agreement entered into by the child's parent or legal guardian, or" after "removal from the home" in paragraph (1); (B) by striking out "a determination" in paragraph (3) and inserting in lieu thereof "the voluntary placement agreement or judicial determination"; (C) by inserting "such agreement was entered into or" after "the month in which" in paragraph (4XA); and
94 STAT. 514 PUBLIC LAW 96-272—JUNE 17, 1980 (D) by inserting "such agreement was entered into or" after "the month in which" in paragraph (4XBXii). Ante, p. 503. (2) Section 472 of such Act (as so added) is further amended by redesignating subsection (d) as subsection (h), and by inserting after subsection (c) the following new subsections: "(d) Notwithstanding any other provision of this title, Federal payments may be made under this part with respect to amounts expended by any State as foster care maintenance pa3niients under this section, in the case of children removed from their homes pursuant to voluntary placement agreements as described in subsec- tion (a), only if (at the time such amounts were expended) the State Post, p. 519. has fulfilled all of the requirements of section 427(b). "(e) No Federal payment may be made under this part with respect to amounts expended by any State as foster care maintenance payments under this section, in the case of any child who was removed from his or her home pursuant to a voluntary placement agreement as described in subsection (a) and has remained in volun- tary placement for a period in excess of 180 days, unless there has been a judicial determination by a court of competent jurisdiction (within the first 180 days of such placement) to the effect that such placement is in the best interests of the child. Ante, p. 501, post, "(f) For the purposes of this part and part B of this title, (1) the term p. 516. 'voluntary placement' means an out-of-home placement of a minor, "Voluntary placement." by or with participation of a State agency, after the parents or guardians of the minor have requested the assistance of the agency "Voluntary and signed a voluntary placement agreement; and (2) the term placement 'voluntary placement agreement' means a written agreement, bind- agreement." ing on the parties to the agreement, between the State agency, any other agency acting on its behalf, and the parents or guardians of a minor child which specifies, at a minimum, the legal status of the child and the rights and obligations of the parents or guardians, the child, and the agency while the child is in placement. "(g) In any case where— "(1) the placement of a minor child in foster care occurred pursuant to a voluntary placement agreement entered into by the parents or guardians of such child as provided in subsection (a), and "(2) such parents or guardians request (in such manner and form as the Secretary may prescribe) that the child be returned to their home or to the home of a relative, the voluntary placement agreement shall be deemed to be revoked unless the State agency opposes such request and obtains a judicial determination, by a court of competent jurisdiction, that the return of the child to such home would be contrary to the child's best interests.". Ante, p. 504. (3) Section 473(aXl) of such Act (as so added) is amended— (A) by inserting ", either pursuant to a voluntary placement agreement with respect to which Federal payments are provided Ante, p. 506, 42 under section 474 (or 403) or" immediately before "as a result of a use 603. judicial determination" in subparagraph (A)(i); (B) by inserting "such agreement was entered into or" after "the month in which" in subparagraph (BXi); and (C) by inserting "such agreement was entered into or" after "the month in which" in subparagraph (BXii). Ante, p. 510. (4) Section 475(1) of such Act (as so added) is amended by inserting "voluntary placement agreement entered into or" before "judicial determination made".
PUBLIC LAW 96-272—JUNE 17, 1980 94 STAT. 515 G)X1) Effective with respect to expenditures made after September 30,1979 (but subject to the repeal provided under section 101(a)(2) (A) and (B)), section 408(a) of the Social Security Act is amended— Ante, p. 512. (A) by inserting "pursuant to a voluntary placement agree- ment entered into by the child's parent or legal guardian, or" after "(specified in such section 406(a))" in clause (1); 42 u s e 606. (B) by striking out "such determination" in clause (3) and inserting in lieu thereof "such voluntary placement agreement or judicial determination"; (C) by inserting "such agreement was entered into or" after "the month in wmch" in clause (4XA); and (D) by inserting "such agreement was entered into or" after "the month in wmch" in clause (4)(BXii). (2) Section 408 of such Act is further amended by adding at the end thereof the following new paragraph: "For the purposes of this section, the provisions of subsections (d), (e), (f), and (g) of section 472 shall apply.". Ante, p. 503. Effective date. (c) The amendments made by subsections (a) and (b) shall be 42 u s e 672 note, effective only with respect to expenditures made grfter September 30, 608, 672, 673, 1979, and before October 1,1983; and from and after October 1,1983, 675. the provisions of law amended by such subsections shall read as they would if this section had not been enacted. (dXD For purposes of section 472 of the Social Security Act, a child 42 u s e 672 note. 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(aX16) of such Act Ante, p. 501. have been made with respect to such child and such child is deter- mined 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(aX4) of such Act, the date of the voluntary removal shall be deemed to be the date on which court proceedings are initiated which led to such removal. (2) For purposes of section 408 of the Social Security Act (but 42 u s e 608 note. subject to the repeeil provided under section 101(aX2) (A) and (B)), in Ante, p. 512. any case where a child was voluntarily removed from the home of a relative prior to October 1, 1979, and a judicial determination was made (prior to October 1,1978) to the effect that continuation in such home would have been contrary to the child's welfare— (A) such child shall be deemed to have been so removed as a result of a judicial determination to the effect that continuation in such home would be contrary to the welfare of such child, and (B) Federal financial participation under the applicable State plan approved under section 402 of the Social Security Act for 42 u s e 602. quarters beginning prior to October 1,1979, shsdl not be denied with respect to aid furnished under such plan to or on behalf of such child. For purposes of subsection (aX4) of such section 408, the date of such Ante, p. 512. child's voluntary removal shall be deemed to be the date on which court proceedings were initiated which led to such removal. (e) The Secretary of Health, Education, and Welfare, within three Report to months after the close of each fiscal year with respect to which the Congress. amendments made by this section are in effect, shedl submit to the 42 u s e 672 note. Congress a full and complete report on the number of children placed in foster care pursuant to voluntary placement agreements under
94 STAT. 516 PUBLIC LAW 96-272—JUNE 17, 1980 Ante, pp. 512, sections 408 and 472 of the Social Security Act and on the reasons for 513. such placements together with a description of the extent to which such placements have contributed to the achievement of the objec- tives of this title, including such recommendations as he may deem appropriate with respect to the continuation (in such section 472) of authority to make Federal payments for dependent children volun- tarily placed in foster care. CHILD WELFARE SERVICES SEC. 103. (a) Part B of title IV of the Social Security Act is amended (subject to subsection (c) of this section) by striking out all that precedes section 426 and inserting in lieu thereof the following: "PART B—CHILD WELFARE SERVICES APPROPRIATION 42 use 620. "SEC. 420. (a) For the purpose of enabling the United States, through the Secretary, to cooperate with State public welfare agen- cies in establishing, extending, and strengthening child welfare services, there is authorized to be appropriated for each fiscal year the sum of $266,000,000. "(b) Funds appropriated for any fiscal year pursuant to the authori- zation contained in subsection (a) shall be included in the appropri- ation Act (or supplemental appropriation Act) for the fiscal year preceding the fiscal year for which such funds are available for obligation. In order to effect a transition to this method of timing appropriation action, the preceding sentence, shall apply notwith- standing the fact that its initial application will result in the enactment in the same year (whether in the same appropriation Act or otherwise) of two separate appropriations, one for the then current fiscal year and one for the succeeding fiscal year. "ALLOTMENTS TO STATES 42 use 621. "SEC. 421. (a) The sum appropriated pursuant to section 420 for each fiscal year shall be allotted by the Secretary for use by cooperat- ing State public welfare agencies which have plans developed jointly by the State agency and the Secretary as follows: He shall first allot $70,000 to each State, and shall then allot to each State an amount which bears the same ratio to the remainder of such sum as the product of (1) the population of the State under the age of twenty-one and (2) the allotment percentage of the State (as determined under this section) bears to the sum of the corresponding products of all the States. "Allotment "(b) The 'allotment percentage' for any State shall be 100 per percentage." centum less the State percentage; and the State percentage shall be the percentage which bears the same ratio to 50 per centum as the per capita income of such State bears to the per capita income of the United States; except that (1) the allotment percentage shall in no case be less than 30 per centum or more than 70 per centum, and (2) the allotment percentage shall be 70 per centum in the case of Puerto Rico, the Virgin Islands, and Guam. Promulgation by "(c) The allotment percentage for each State shall be promulgated Secretary. ^y the Secretary between October 1 and November 30 of each even- numbered year, on the basis of the average per capita income of each State and of the United States for the three most recent calendar
PUBLIC LAW 96-272—JUNE 17, 1980 94 STAT. 517 years for which satisfactory data are available from the Department of Commerce. Such promulgation shall be conclusive for each of the two fiscal years in the period beginning October 1 next succeeding such promulgation. "United States. "(d) For purposes of this section, the term 'United States' means the fifty Stat^ and the District of Columbia. STATE PLANS FOR CHILD WELFARE SERVICES "SEC. 422. (a) In order to be eligible for payment under this part, a 42 u s e 622. State must have a plan for child welfare services which has been Post, p. 521. developed jointly by the Secretary and the State agency designated pursuant to subsection (bXl)> and which meets the requirements of subsection (b). "(b) Each plan for child welfare services under this part shall— "(1) provide that (A) the individual or agency designated pursuant to section 2003(dXlXC) to administer or supervise the 42 u s e 1397b. administration of the State's services program will administer or supervise the administration of the plan (except as otherwise provided in section 103(d) of the Adoption Assistance and Child Welfare Act of 1980), and (B) to the extent that child welfare Ante, p. 516. services are furnished by the staff of the State agency or local agency administering the plan, a single organizational unit in such State or local agency, as the case may be, will be responsible for furnishing such child welfare services; "(2) provide for coordination between the services provided for children under the plan and the services and assistance provided under title XX, under the State plan approved under part A of 42 u s e 1397. this title, under the State plan approved under part E of this 42 u s e 601. title, and under other State programs having a relationship to Ante, p. 501. the program under this part, with a view to provision of welfare and related services which will best promote the welfare of such children and their families; "(3) provide that the standards and requirements imposed with respect to child day care under title XX shall apply with respect to day C£ire services under this part, except insofar as eligibility for such services is involved; "(4) provide for the training and effective use of paid parapro- Paraprofessionals fessional staff, with particular emphasis on the full-time or part- and volunteers. time employment of persons of low income, as community service aides, in the administration of the plan, and for the use of nonpaid or partially paid volunteers in providing services and in assisting any advisory committees established by the State agency; "(5) contain a description of the services to be provided and specify the geographic areas where such services will be availa- ble; "(6) contain a description of the steps which the State will take to provide child welfare services and to make progress in— "(A) covering additional political subdivisions, "(B) reaching additional children in need of services, and "(C) expanding and strengthening the range of existing services and developing new types of services, along with a description of the State's child welfare services staff development and training plans; "(7) provide, in the development of services for children, for Voluntary utilization of the facilities and experience of voluntary agencies agencies, utilization.
94 STAT. 518 PUBLIC LAW 96-272—JUNE 17, 1980 in accordance with State and local programs and arrangements, as authorized by the State; and "(8) provide that the agency administering or supervising the administration of the plan will furnish such reports, containing such information, and participate in such evaluations, as the Secretary may require. "PAYMENT TO STATES 42 use 623. "SEC. 423. (a) From the sums appropriated therefor and the allot- ment under this part, subject to the conditions set forth in this section and in section 427, the Secretary shall from time to time pay to each State that has a plan developed in accordance with section 422 an amount equal to 75 per centum of the total sum expended under the plan (including the cost of administration of the plan) in meeting the costs of State, district, county, or other local child welfare services. 2!i^^«^*^*^°" method. "^^ '^he method of computing and making payments under this ""^ " section shall be as follows: "(1) The Secretary shall, prior to the beginning of each period for which a payment is to be made, estimate the amount to be paid to the State for such period under the provisions of this section. "(2) From the allotment available therefor, the Secretary shall pay the amount so estimated, reduced or increased, as the case may be, by any sum (not previously adjusted under this section) by which he finds that his estimate of the amount to be paid the State for any prior period under this section was greater or less than the amount which should have been paid to the State for such prior period under this section. "(c)(1) No payment may be made to a State under this part, for any fiscal year beginning after September 30, 1979, with respect to State expenditures made for (A) child day care necessary solely because of the employment, or training to prepare for employment, of a parent or other relative with whom the child involved is living, (B) foster care maintenance payments, and (C) adoption assistance payments, to the extent that the Federal payment with respect to those expenditures would exceed the total amount of the Federal payment under this part for fiscal year 1979. "(2) Expenditures made by a State for any fiscal year which begins after September 30,1979, for foster care maintenance payments shall be treated for purposes of making Federal payments under this part with respect to expenditures for child welfare services, as if such foster care maintenance payments constituted child welfare services of a type to which the limitation imposed by paragraph (1) does not apply; except that the amount payable to the State with respect to expenditures made for other child welfare services and for foster care maintenance payments during any such year shall not exceed 100 per centum of the amount of the expenditures made for child welfare services for which payment may be made under the limitation imposed by paragrapih (1) as in effect without regard to this paragraph. "(d) No payment may be made to a State under this part in excess of the payment made under this part for fiscal year 1979, for any fiscal year beginning after September 30, 1979, if for the latter fiscal year the total of the State's expenditures for child welfare services under this part (excluding expenditures for activities specified in subsection
PUBLIC LAW 96-272—JUNE 17, 1980 94 STAT. 519 (c)(1)) is less than the total of the State's expenditures under this part (excluding expenditures for such activities) for fiscal year 1979. "REALLOTMENT "SEC. 424. The amount of any allotment to a State under section ^2 use 624. 421 for any fiscal year which the State certifies to the Secretary will not be required for carrying out the State plan developed as provided in section 422 shall be available for reallotment from time to time, on such dates as the Secretary may fix, to other States which the Secretary determines (1) have need in carrying out their State plans so developed for sums in excess of those previously allotted to them under section 421 and (2) will be able to use such excess amounts during such fiscal year. Such reallotments shall be made on the basis of the State plans so developed, after taking into consideration the population under the age of twenty-one, and the per capita income of each such State as compared with the population under the age of twenty-one, and the per capita income of all such States with respect to which such a determination by the Secretary has been made. Any amount so reallotted to a State shall be deemed part of its allotment under section 421. "DEFINITIONS "SEC. 425. (a)(1) For purposes of this title, the term 'child welfare 42 use 625. services' means public social services which are directed toward the accomplishment of the following purposes: (A) protecting and promot- ing the welfare of all children, including handicapped, homeless, dependent, or neglected children; (B) preventing or remedying, or assisting in the solution of problems which may result in, the neglect, abuse, exploitation, or delinquency of children; (C) preventing the unnecessary separation of children from their families by identifying family problems, assisting families in resolving their problems, and preventing breakup of the family where the prevention of child removal is desirable and possible; (D) restoring to their families children who have been removed, by the provision of services to the child and the families; (E) placing children in suitable adoptive homes, in cases where restoration to the biological family is not possible or appropriate; and (F) assuring adequate care of children away from their homes, in cases where the child cannot be returned home or cannot be placed for adoption. "(2) Funds expended by a State for any calendar quarter to comply with the statistical report required by section 476(b), and funds expended with respect to nonrecurring costs of adoption proceedings in the case of children placed for adoption with respect to whom assistance is provided under a State plan for adoption assistance approved under part E of this title, shall be deemed to have been ^^te, p. 50i. expended for child welfare services. "(b) For other definitions relating to this part and to part E of this title, see section 475 of this Act.". ^^te, p. 510. (b) Part B of title IV of such Act is amended by adding at the end thereof the following new sections: "FOSTER CARE PROTECTION REQUIRED FOR ADDITIONAL FEDERAL PAYMENTS "SEC. 427. (a) If, for any fiscal year after fiscal year 1979, there is 42 USC 627. appropriated under section 420 a sum in excess of $141,000,000, a State shall not be eligible for payment from its allotment in an
94 STAT. 520 PUBLIC LAW 96-272—JUNE 17, 1980 amount greater than the amount for which it would be eligible if such appropriation were equal to $141,000,000, unless such State— "(1) has conducted an inventory of all children who have been in foster care under the responsibility of the State for a period of six months preceding the inventory, and determined the appro- priateness of, and necessity for, the current foster placement, whether the child can be or should be returned to his parents or should be freed for adoption, and the services necessary to facilitate either the return of the child or the placement of the child for adoption or legal guardianship; and "(2) has implemented and is operating to the satisfaction of the Secretary— "(A) a statewide information system from which the status, demographic characteristics, location, and goals for the placement of every child in foster care or who has been in such care within the preceding twelve months can readily be determined; "(B) a case review system (as defined in section 475(5)) for each child receiving foster care under the supervision of the State; and "(C) a service program designed to help children, where appropriate, return to families from which they have been removed or be placed for adoption or legal guardianship. "Ob) If, for each of any two consecutive fiscal years after the fiscal year 1979, there is appropriated under section 420 a sum equal to $266,000,000, each State's allotment amount for any fiscal year after such two consecutive fiscal years shall be reduced to an amount equal to its allotment amount for the fiscal year 1979, unless such State— "(1) has completed an inventory of the type specified in subsection (a)(1); "(2) has implemented and is operating the program and sys- tems specified in subsection (a)(2); and "(3) has implemented a preplacement preventive service pro- gram designed to help children remain with their families. "(c) Any amounts expended by a State for the purpose of complying with the requirements of subsection (a) or (b) shall be conclusively presumed to have been expended for child welfare services. PAYMENTS TO INDIAN TRIBAL ORGANIZATIONS 42 use 628. "SEC. 428. (a) The Secretary may, in appropriate cases (as deter- mined by the Secretary) make payments under this part directly to an Indian tribal organization within any State which has a plan for child welfare services approved under this part. Such payments shall be made in such manner and in such amounts as the Secretary determines to be appropriate. "(b) Amounts paid under subsection (a) shall be deemed to be a part of the allotment (as determined under section 421) for the State in which such Indian tribal organization is located. "(c) For purposes of this section— "Tribal "(1) the term 'tribal organization' means the recognized gov- organization/ erning body of any Indian tribe, or any legally established organization of Indians which is controlled, sanctioned, or char- tered by such governing body; and "Indian tribe.' "(2) the term 'Indian tribe' means any tribe, band, nation, or other organized group or community of Indians (including any Alaska Native village or regional or village corporation as
PUBLIC LAW 96-272—JUNE 17, 1980 94 STAT. 521 defined in or established pursuant to the Alaska Native Claims Settlement Act (PubUc Law 92-203; 85 Stat. 688)) which (A) is 43 u s e 1601 note. recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians, or (B) is located on, or in proximity to, a Federal or State reservation or rancheria.". (c) In the case of Guam, Puerto Rico, and the Virgin Islands, and 42 u s e 622 note. the Commonwealth of the Northern Mariana Islands, section 422(b)(1) of such Act (as otherwise amended by subsection (a) of this Ante, p. 517. section) shall be deemed to read as follows: "(1) provide that (A) the State agency designated pursuant to section 402(aX3) to administer or supervise the administration of 42 u s e 602. the plan of the State approved under part A of this title will 42 u s e 601. 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 organiza- tional unit in such State or local agency established pursuant to section 402(aX15) will be responsible for furnishing such child welfare services;". (d) Notwithstanding section 422(bXl) of the Social Security Act (as 42 u s e 622 note. amended by subsection (a) of this section) if on December 1,1974, the Ante, p. 517. agency of a State administering its plan for child welfare services under part B of title IV of that Act was not the agency designated Ante, p. 516. pursuant to section 402(aX3) of that Act, such section 4220t>Xl) shall 42 u s e 602. not apply with respect to such agency, but only so long as such agency is not the agency designated under section 2003(dXlXC) of that Act; 42 u s e 1397b. and if on December 1,1974, the local agencv 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, such section 422(bXl) 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 3QC of that Act. 42 u s e 1397. (e) Section 2002(aX8) of such Act is amended by striking out "or 42 u s e 1397a. 422" and inserting in lieu thereof "or 423". (fKD Notwithstanding any other provision of law, funds which are 42 u s e 620 note. appropriated for fiscal year 1980 pursuant to section 420 of the Social Security Act, and for which States are eligible for payment under Ante, p. 516. part B of title IV of that Act, shall remain available, to the extent so provided in an appropriation Act hereafter enacted, for payment with respect to expenditures for child welfare services under part B of title IV of that Act until September 30,1981. (2) Section 4200t>) of the Social Security Act (as added by subsection (a) of this section) shall apply only with respect to appropriation Acts, which appropriate funds for fiscal years after fiscal year 1981 pursuant to the authorization contained in section 420 of the Social Security Act, enacted cdter the date of enactment of this Act. TITLE n—SCX3IAL SERVICES DETERMINATION OF AMOUNT ALLOCATED TO STATES SEC. 201. (a) Section 2002(aX2XA) of the Social Security Act is 42 use i397a. amended by striking out clause (ii) and inserting in lieu thereof the following:
94 STAT. 522 PUBLIC LAW 96-272—JUNE 17, 1980 "(ii) The amount specified for purposes of clause (i) for fiscal year 1980 and each succeeding fiscal year shall be an amount (not exceeding $3,300,000,000) equal to the indexed ceiling amount for that fiscal year as determined under subparagraph (B).". 42 u s e 1397a. db) Section 2002(aX2) of such Act is amended (subject to subsection (c) of this section) by striking out subparagraphs (B), (C), and (D), and by inserting after subparagraph (A) the following new subparagraph: "(BXi)(I) Except as otherwise provided in clauses (ii), (iii), and (iv), the indexed ceiling amount for any fiscal year shall be an amount equal to the indexed ceiling amount for the preceding fiscal year increased or decreased (as the case may be) by an amount determined under division (ID. "(II) For purposes of division (I) the amount of the increase or decrease (as the case may be) shall be an amount equal to $2,500,000,000, multiplied by a percentage equal to the positive or negative percentage change m the Consumer Price Index prepared by the Department of Labor, and used in determining cost-of-living 42 u s e 415. adjustments under section 215(i) of this Act, for the second quarter of the preceding fiscal year as compared to such index for the second quarter of the second preceding fiscal year (rounded to the nearest one-tenth of 1 per centum). For purposes of this clause the Consumer Price Index for any quarter shall be the arithmetical mean of such index for the three months in such quarter. "(ii) If the percentage increase in the Consumer Price Index as determined under clause (iXII) for any fiscal year exceeds the infla- tion rate for that fiscal year as shown for that year (or, if no rate is shown for that year, for the most recent preceding year for which a rate is shown) in the table which appears on page 25 of Senate Budget Committee Report Numbered 96-311, then for such fiscal year such inflation rate shall be used in making the determination under clause (iXII) instead of the percentage increase in the Consumer Price Index. "(iii) The indexed ceiling amount determined under clause (i) shall, if not a multiple of $100,000,000, be rounded to the next lesser amount that is a multiple of $100,000,000. "(iv) The indexed ceiling amount for fiscal year 1979 shall be $2,500,000,000." (c) With respect tofiscalyear 1980 only— 42 u s e 1397a. (1) subparagraphs (B) and (C) of section 2002(aX2) of such Act (as in effect immediately prior to the enactment of this Act) shall continue in effect, redesignated as subparagraphs (D) and (E), respectively; (2) the subparagraph of such section 2002(aX2) which is redesig- nated as subparagraph (E) and continued in effect by paragraph (1) of this subsection is amended by striking out "subparagraph (B)" and "subparagraph (D)" and inserting in lieu thereof "sub- paragraph (D) and "subparagraph (F)", respectively; and (3) subparagraph (D) of such section 2002(aX2) (as in effect immediately prior to the enactment of this Act) shall continue in effect, redesignated as subparagraph (F) and amended to read ajs follows: "(F) The amounts made available pursuant to subparagraph (E) for allotment in fiscal year 1980 shall be allotted by the Secretary to the States which have certified under subparagraph (D) that the amounts of their limitations for such fiscal year are less than their need for such year. The amount of such edlotment to any State (which shaU be in addition to any payments made to the State under subparagraph (A)) shall bear the same ratio to
PUBLIC LAW 96-272—JUNE 17, 1980 94 STAT. 523 the total amount available for allotment in such year under this subparagraph as the population of such State bears to the population of the fifty States and the District of Columbia, but shall in no case exceed the amount by which such State certified that its limitation is less than its need for such fiscal year.". EXTENSION OF 100-PER CENTUM FEDERAL MATCHING FOR CHILD DAY CARE EXPENDITURES SEC. 202. (a) Section 2002(a) of the Social Security Act is amended 42 u s e 1397a. by adding at the end thereof the following new paragraph: "(17XA) The total payment to a State under this section with respect to expenditures during any fiscal year for the provision of child day care services under this title (including expenditures for grants to qualified providers under section 2007) shall be equal to 100 42 u s e 1397f. per centum of such expenditures to the extent that such expenditures (during that fiscal year) do not exceed— "(i) an amount which bears the same ratio to $200,000,000 as the amount of the State's limitation under paragraph (2XA) bears to the indexed ceiling amount for such fiscal year, in the case of fiscal year 1980 and fiscal year 1981; or "(ii) 8 per centum of the State's limitation under paragraph (2XA) for such fiscal year, in the case of fiscal year 1982 and any subsequent fiscal year. "(B) Federal funds payable to a State under this title (with respect to expenditures for child day care services) at the rate specified in subparagraph (A) shall, to the maximum extent that the State determines to be feasible, be employed in such a way as to increase the employment of welfare recipients and other low-income persons in jobs related to the provision of child day care services.". (b) Section 2002(aXl) of such Act is eimended by striking out "100 per centum" and all that follows down through "2007" and inserting in lieu thereof "100 per centum of the expenditures during that quarter for child day care services (including expenditures for grants to qualified providers under section 2007) to the extent permitted by paragraph (17)". UMITATION ON FUNDS FOR TRAINING SEC. 203. (a) The first sentence of section 2002(aX2XAXi) of the Social Security Act is amended by striking out "in excess of an 42 use I397a. amount" and all that precedes it, and inserting in lieu thereof "Except as provided in clause (iii), no pa3rment may be made under this section to any State for any fiscal year in excess of an amount", (b) Section 2002(aX2XA) of such Act is further amended by adding after clause (ii) the following new clause: "(iii) Payment with respect to expenditures for personnel training or retraining directly related to the provision of services under this title shall be made to a State in excess of the limitation for such State promulgated under clause (i) for any fiscal year and without regard to such limitation; except that— "(I) notwithstanding any other provision of law, pajrment to a State with respect to such expenditures for fiscal years 1980 and 1981 may not exceed an amount equal to 4 per centum of such State's limitation (for the fiscal year involved) under clause (i), or, if greater, an amount equal to the amount of the payment made under this title to such State with respect to such expendi-
94 STAT. 524 PUBLIC LAW 96-272—JUNE 17, 1980 tures for fiscal year 1979, or equal to (a) the amount which would be payable without regard to this subclause with respect to expenditures pursuant to an appropriation made prior to Octo- ber 1,1979, by such State for fiscal year 1980, or, if less, (b) the amount determined under division (a) of this subclause reduced to the extent necessary and on a proportional basis so as to assure that the aggregate of the additional amounts payable to all States as a result of such division (a) does not exceed $6,000,000; and Training plan, "(ID payment to a State with respect to such expenditures for submittal to fiscal year 1982 or any succeeding fiscal year may l>e made only if Secretary. the State has submitted to the Secretary in accordance with paragraph (18) (prior to the beginning of the fiscal year involved) a training plan specifying how its funds expended for such training or retraining in that fiscal year will be used, and only with respect to expenditures included in such plan which are approved by the Secretary in accordance with criteria prescribed by him.", 42 u s e 1397a. (c) Section 2002(a) of such Act is amended by adding after para- Ante, p. 523. graph (17) (as added by section 202(a) of this Act) the following new paragraph: "(18) Effective October 1,1981, no payment may be made under this section for training or retraining expenditures except in accordance with a training plan approved by the Secretary which, at a minimum— "(A) describes how training needs were assessed and how the assessment was used to structure the training programs, the individuals to be trained, and the training resources to be used; "(B) demonstrates that the training activities have a direct 42 u s e 1397. relationship to the title XX services program and to the Stote's staffing needs to carry out the title XX services program; and "(C) describes the State agency's plan to monitor training programs and to evaluate the agency's overall staff training and development program.". USE OF RESTRICTED PRIVATE FUNDS FOR TRAINING PROGRAMS 42 use 1397a. SEC. 204. (a) Section 2002(aX7)(DXii) of the Social Security Act is amended by striking out "and" at the end thereof and inserting in lieu thereof the following: "except that during fiscal years 1980 and 1981 the provisions of this clause shall not apply with respect to funds that are donated for the purpose of training or retraining as provided in subsection (aXl), if such training or retraining is carried out by a public or nonprofit entity, and". EMERGENCY SHELTER SEC. 205. (a) Section 2002(aXll) of the Social Security Act is amended— (1) by striking out "and" at the end of subparagraph (C); (2) by striking out the period at the end of subparagraph (D) and inserting in lieu thereof "; and"; and (3) by adding at the end thereof the following new subparagraph: "(E) any expenditure for the provision of emergency shelter, for not in excess of thirty days in any six-month period, provided as a
PUBLIC LAW 96-272—JUNE 17, 1980 94 STAT. 525 protective service to an adult in danger of physical or mental injury, neglect, maltreatment, or exploitation.", (b) The amendments made by this section shall be effective on and Effective date. after October 1,1979. 42usci397a note. MULTIYEAR PLAN; CHOICE OF FISCAL YEAR SEC. 206. (a) Section 2004(1) of the Social Security Act is amended to 42 u s e 1397c. read as follows: "(1) for each services program period, the beginning of the fiscal year of the Federal Government, the State government, or the political subdivisions of such State is established as the beginning of the State's services program period, and the end of such fiscal year, the succeeding fiscal year, or the second succeed- ing fiscal year is established as the end of the State's services program period; and". (b) Section 2004 of such Act is further amended— (1) by striking out "services program year" each place it appears and inserting in lieu thereof in each instance "services program period"; (2) by striking out "annual" in paragraph (2) (in the matter preceding subparagraph (A)) and in paragraph (4); (3) by striking out "during that year" in paragraph (2) (in the matter preceding subparagraph (A)) and inserting in lieu thereof "during that period"; (4) by striking out the period at the end of paragraph (5) and inserting in lieu thereof"; and"; and (5) by adding at the end thereof the following new paragraph: "(6) in the case of a State that adopts a services program planning period of longer than one year, the State agency publishes and makes generally available such information con- cerning the comprehensive services program at such times as the Secretary may by regulation require.". (c) Section 2003(b) of such Act is amended— 42 u s e 1397b. (1) by striking out "each services program year" and inserting in lieu thereof "each fiscal year (as selected by the State under section 2004(1)) within each services program period"; and (2) by striking out "any services program year" and inserting in lieu thereof "any services program period". (d) Sections 2003(dKl) and 2005 of such Act are each amended by 42 u s e 1397b, striking out "services program year" and inserting in lieu thereof 1397d. "services program period". (e) Section 2002(a)(3)(B) of such Act is amended by striking out 42 use I397a "annual". (f) The amendments made by this section shall be effective with Effective date. respect to services program periods beginning after the date of the 42 u s e 1397a note. enactment of this Act. SOCIAL SERVICES FUNDING FOR TERRITORIES SEC. 207. (a) Section 2002(a)(2) of the Social Security Act is amended 42 u s e 1397a. by adding after subparagraph (B) (as added by section 201(b) of this Act) the following new subparagraph: Ante, p. 521. "(C) From the amounts made available under section 2001 for any fiscal year beginning with fiscal year 1980 (in addition to any sums appropriated for purposes of payments under the preceding provi- sions of this subsection), the Secretary shall allocate—
94 STAT. 526 PUBLIC LAW 96-272—JUNE 17, 1980 "(i) to the jurisdictions of Puerto Rico, Guam, and the Virgin Islands, for purposes of payments under sections 3(a) (4) and (5), 42 u s e 303, 603, 403(aX3), 1003(a) (3) and (4), 1403(a) (3) and (4), and 1603(a) (4) and 1203, 1353, 1383 (5), with respect to services, the sums of $15,000,000, $500,000 and note. $500,000, respectively, and "(ii) to the jurisdiction of the Northern Mariana Islands, for 42 u s e 603. purposes of payments under section 403(aX3), with respect to services and for services programs for other individuals as defined by the Secretary, the sum of $100,000, in addition to any amounts otherwise available to such jurisdictions under this Act.". 42 u s e 1397. (b) The last sentence of section 2001 of such Act is amended by inserting before the period at the end thereof the following: "(and to territorial jurisdictions as described in subsection (a)(2XC) thereof)". 42 u s e 1308, (c) Section 1108(a) of such Act is amended by striking out "section post, pp. 529, 530. 2002(aX2XD)" and inserting in lieu thereof '^section 2002(aX2XC)". PERMANENT EXTENSION OF PROVISIONS RELATING TO CHILD DAY CARE SERVICES AND WIN TAX CREDIT 42 u s e 1397e-l SEC. 208. (a) Section 4(d) of Public Law 96-178 is amended by note. striking out "during the period beginning October 1,1979, and ending March 31,1980" and inserting in lieu thereof "on or after October 1, 1979". 93 Stat. 1295. (bXD Section 50B(i) of the Internal Revenue Code of 1954 (relating 26 u s e 50B. to special rules with respect to employment of day care workers) is amended to read as follows: "(i) SPECIAL RULES WITH RESPECT TO EMPLOYMENT OP DAY CARE WORKERS.— "(1) ELIGIBLE EMPLOYEE.—An individual who would be an 'eli^ble employee' (as that term is defined for purposes of this section) except for the fact that such individual's employment is not on a substantially full-time basis, shall be deemed to be an eligible employee as so defined, if such employee's employment is related to the provision of child day care services and is per- formed on either a full-time or part-time basis. "(2) ALTERNATIVE COMPUTATION WITH RESPECT TO CHILD DAY CARE SERVICES EUGIBLE EMPLOYEES PAID FROM FUNDS MADE AVAIL- 42 u s e 1397. ABLE UNDER TITLE XX OF THE SOCIAL SECURITY ACT.—The amount 26 u s e 40. of the credit allowed a taxpayer under section 40, as determined 26 u s e 50A. under section 50A and the preceding provisions of this section, with respect to work incentive program expenses paid or in- curred by him with respect to an eligible employee whose services are performed in connection with a child day care services program conducted by the taxpayer, and with respect to whom the taxpayer is reimbursed (in whole or in part) from funds made available pursuant to section 2007 of the Social 42 u s e 1397f. Security Act, at the option of the taxpayer shall be equal to 100 percent of the unreimbursed wages paid or incurred by the taxpayer with respect to such employee, but not more than the amoimt of the limitation in paragraph (4). "(3) UNREIMBURSED WAGES.—For purposes of this subsection, the term 'unreimbursed wages' means work incentive program expenses for which the taxpayer was not reimbursed under section 2007 of the Social Security Act or under any other grant or program.
PUBLIC LAW 96-272—JUNE 17, 1980 94 STAT. 527 "(4) LIMITATION.—The amount of the credit, as determined under paragraph (2), with respect to any employee shall not exceed the lesser of— "(A) an amount equal to $6,000 minus the amount of the funds reimbursed to the taxpayer with respect to such employee from funds made avauable pursuant to section 2007 of the Social Security Act; or 42 use i397f. "(B) with respect to work incentive program expenses attributable to service rendered— "(i) during the one-year period which begins on the day such employee begins work for the taxpayer, an amount equal to the lesser of— "a) $3,000, or "(li) 50 percent of the sum of the amount of the unreimbursed wages of such employee and the amount reimbursed to the taxpayer with respect to such employee from funds made available pursuant to section 2007 of the Social Security Act; or "(ii) during the one-year period which begins on the day after the last day of the one-year period described in clause (i), an amount equal to the lesser of— "a) $1,500, or "(II) 25 percent of the sum of the amount of the unreimbursed wages of such employee and the amount reimbursed to the taxpayer with respect to such employee from funds made available pursuant to section 2007 of the Social Security Act.". (2) Section 50B(hXlXB) of such Code is amended by inserting 26 use SOB. "(except as provided in subsection (i))" after "full-time basis". (3XA) The amendments made by paragraphs (1) and (2) shall be Sf^^^^^'^.i^*® effective with respect to taxable years begmning after December 31, ^^ ^^ ^"^ '^''^• 1979. (B) The redesignation of subsection (i) of section 50B of the Internal 26 use SOB note. Revenue Code of 1954 as subsection 0*) by section 3(aXl) of Public Law 96-178, shall remain in effect with respect to taxable years beginning ^^ ^tat. 1295. after December 31,1979. PERMANENT EXTENSION OF PROVISIONS RELATING TO SERVICES FOR ALCOHOUCS AND DRUG ADDICTS SEC. 209. Section 5(b) of Public Law 96-178 is amended by striking f^ ftet 1297. out "during the period begmning October 1,1978, and ending March ^0^ 31,1980" and inserting in lieu thereof "on or after October 1,1978". TITLE ffl-OTHER SOCIAL SECURITY ACT PROVISIONS PERMANENT EXTENSION OF PROVISIONS RELATING TO CHILD SUPPORT ENFORCEMENT SEC. 301. (a) Section 2(b) of Public Law 96-178 is amended by fJ^^^lF^' Striking out "during the period beginning October 1,1978, and ending ^^ ^^^ ^^^ "°*® March 31,1980" and h serting in lieu thereof "on or after October 1, 1978". (b) Section 452(aX10) of the Social Security Act is amended by 42 use 6S2. adding at the end thereof (after and below subparagraph (H)) the following new sentence: 79-194 O—81—pt. 1 37 : QL3
94 STAT. 528 PUBLIC LAW 96-272—JUNE 17, 1980 "The information contained in any such report under subpara- graph (A) shall specifically include (i) the total amount of child support payments collected as a result of services furnished durmg the fiscal year involved to individuals under section 42 use 654. 454(6), (ii) the cost to the States and to the Federal Government of furnishing such services to those individuals, and (iii) the extent to which the furnishing of such services was successful in providing sufficient supi)ort to those individuals to assure that they did not require assistance under the State plan approved 42 use 601. under part A.". INCENTIVES TO REPORT EARNINGS UNDER AFDC PROGRAMS 42 use 602. SEC. 302. (a) Section 402(aX8) of the Social Security Act is £unended— (1) by inserting "or" at the end of subparagraph (D) thereof; and (2) by adding after subparagraph (D) the following new subparagraph: "(E) any of the persons specified in clause (ii) of subpara- graph (A) with respect to which there is a failure without good cause to make a timely report (as prescribed by the State plan) to the State agency;". Effective date. (b) The amendments made by subsection (a) shall take effect on the 42 use 602 note, ^ate of the enactment of this Act. PRORATING OF SHELTER ALLOWANCE SEC. 303. Part A of title IV of the Social Security Act is amended by adding at the end thereof the following new section: "PRORATING OF SHELTER ALLOWANCE IN CERTAIN CASES WHERE CHILD U V E S WITH RELATIVE NOT LEGALLY RESPONSIBLE FOR HIS SUPPORT 42 use 612. "SEC. 412. (a) Notwithstanding any other provision of this part, a State plan for £iid and services to needy families with children shall not be regarded as failing to comply with the requirements imposed under this part solely because, under such plan, in any case in which one or more children live in any household— "(IXA) in which the total income of such child or children and the closely related family members (as defined in subsection (b)) living in the same household eq[uals or exceeds the standard of need under such plan for a family equal in number to the toted number of such cliildren and closely related family members in the same household, or (B) where the income of children and family members cannot be determined due to failure to cooper- ate, and "(2) which (A) does not include a relative (specified in section 42 use 606. 406(aXl)) who is legally responsible for the support of the child or children, or (B) includes one or more such relatives who is legally responsible for the support of the child or children but none of whom is eligible for aid under the State plan because such relative is being supported by another person or under another program, the amount of the aid furnished with respect to such child or children for shelter, utilities, and similar expenses, bears the same ratio to the total amount which would be furnished for such expenses, if all the closely related family members with whom such child or children are
PUBLIC LAW 96-272—JUNE 17, 1980 94 STAT. 529 living were eligible for such aid, as the number of such children bears to the total number of such children and closely related family members. "(b) For purposes of subsection (a), the term 'closely related family 'Closely related members' of a child means those relatives of his who are specified in ^^^J^j-g.. section 406(aXl) and any other individual for whose support such a 42 use 606. relative is legally responsible, but does not include any such relative or other individual (1) with respect to whom benefits are provided under another public program eligibility for which is based on need, or (2) whose presence in the home would not increase the total amount which would be allowed for shelter, utilities, and similar expenses if he was eligible for aid. "(c) The amount of aid to families with dependent children for shelter, utilities, and similar expenses shall be identified, for pur- poses of this section, in the following manner: "(1) If the State plan approved under this part provides for pajdng 100 per centum of the standard of need specified in the plan, and designates a portion of that standard, for families of specified sizes, to meet shelter, utilities, and similar expenses, then an amount equal to that portion shall be considered the total amount for such expenses for a family of the specified size. "(2) If such plan provides for meeting less than 100 per centum of such standard, and designates a portion of that standard, for families of specified sizes, to meet such expenses, then an amount equal to that portion, multipUed by the proportion of the stand- ard of need which such State pays as aid to families with dependent children, shall be considered the total amount for such expenses for a family of the specified size. "(3) If such plan does not designate any portion of the standard of need for meeting such expenses, then such portion shall be prescribed by the Secretary, but in no event shall such portion exceed 30 per centum of the standard of need for a family of a specified size, multiplied by the proportion of such standard which the State pays as aid to families with dependent children. "(d) For purposes of subsection (a), the total income of the child or children and the closely related family members (as defined in subsection (b)) shall be determined as it would be if all such individ- uals were applicants for aid imder the State plan and shall not include any income which any such individual is obligated to apply to the support of any other individual not living in the household.". SERVICES FOR DISABLED CHILDREN SEC. 304. Section 1615 of the Social Security Act is amended by 42 use i382d. redesignating the second subsection (c) as subsection (e), and by striMng out October 1,1979" in peiragraph (1) of such subsection (e) and inserting in lieu thereof "October 1,1982". PUBUC ASSISTANCE PAYMENTS TO TERRITORIAL JURISDICTIONS SEC. 305. (a) Section 1108(a) of the Social Security Act is amended— ^"*«' P ^26. (1) by striking out "with respect to the fiscal year 1972 and ^°^*' P ^^° each f^cal year thereafter other than the fiscal year 1979" in paragraphs (1)(E), (2)(E), and (3)(E) and inserting in lieu thereof in each instance "with respect to each of the fiscal years 1972 through 1978"; and
94 STAT. 530 PUBLIC LAW 96-272—JUNE 17, 1980 (2) by striking out "with respect to the fiscal year 1979" in para^aphs (IXF), (2XF), and (3XF) and inserting in lieu thereof in each instance "with respect to thefiscalyear 1979 and each fiscal year thereafter". Ante, pp. 526, 529. (b) Section 1108(a) of such Act is further amended by striking out "under part A" in the matter preceding paragraph (1) and inserting 42 u s e 601, in lieu thereof "imder parts A and E". ante, p. 501. 42 u s e 1318. (c) The last sentence of section 1118 of such Act is amended by striking out "when applied to quarters in the fiscal year ending September 30,1979". PERIOD WITHIN WHICH CERTAIN CLAIMS MUST BE FILED SEC. 306. (a) Part A of title XI of the Social Security Act is amended by adding after section 1131 the following new section: PERIOD WITHIN WHICH CERTAIN CLAIMS MUST BE FILED 42 u s e 1320b-2. "SEC. 1132. (a) Notwithstanding any other provision of this Act (but subject to subsection (b)), any claim by a State for payment with respect to an expenditure made during any calendar quarter by the State— "(1) in carrying out a State plan approved under title I, IV, V, 42 u s e 301, 601, X, XIV, XVI, XIX, or XX of this Act, or 701, 1201, 1351, 1381, 1396, 1397. "(2) under any other provision of this Act which provides (on an entitlement basis) for Federal financial participation in expenditures made under State plans or programs, shall be filed (in such form and manner as the Secretary shall by regulations prescribe) within the two-year period which begins on the first day of the calendar quarter immediately following such calendar quarter; and payment shall not be made under this Act on accoimt of any such expenditure if claim therefor is not made within such two- year period; except that this subsection shall not be applied so as to deny payment with respect to any expenditure involving court- ordered retroactive pajrments or audit exceptions, or adjustments to prior year costs. "(b) The Secretary shall waive the requirement imposed under subsection (a) with respect to the filing of any claim if he determines (in accordance with regulations) that there was good cause for the failure by the State to file such claim within the period prescribed under subsection (a). Any such waiver shall be only for such additional period of time as may be necessary to provide the State with a reasonable opportunity to file such claim. A failure to file a claim within such time period which is attributable to neglect or administrative inadequacies shall be deemed not to be for good cause.". Effective date. (bXD The amendment made by subsection (a) shall be effective only 42 u s e 1320b-2 in the case of claims filed on account of expenditures made in note. calendar quarters commencing on or after October 1,1979. (2) In the case of claims filed prior to the date of enactment of this Act on account of expenditures described in section 1132 of the Social Security Act made in calendar quarters commencing prior to October 1,1979, there shall be no time limit for the payment of such claims. (3) In the case of such expenditures made in calendar quarters commencing prior to October 1, 1979, for which no claim has been filed on or bemre the date of enactment of this Act, payment shall not be made under this Act on account of any such expenditure unless
PUBLIC LAW 96-272—JUNE 17, 1980 94 STAT. 531 claim therefor is filed (in such form and manner as the Secretary shsQl by regulation prescribe) prior to January 1,1981. (4) "Hie provisions of this subsection shall not be applied so as to deny payment with respect to any expenditure involving adjustments to prior year costs or court-ordered retroactive payments or audit exceptions. The Secretsuy may waive the requirements of paragraph (3) in the same manner as under section 1132(b) of the Social Security Act. (c) Notwithstanding any other provision of law, there shall be no 42 u s e 1320b-2 time limit for the filing or payment of such claims except as provided note. in this section, unless such other provision of law, in imposing such a time limitation, specifically exempts such filing or payment from the provisions of this section. INCENTIVES FOR STATES TO COLLECT CHILD SUPPORT OBUGATIONS SEC. 307. (a) The heading of section 458 of the Social Security Act is 42 u s e 658. amended by inserting "STATES AND" after "TO". (b) Section 458(a) of such Act is amended— (1) by inserting "or a State on its own behalf makes," after "another State,", and (2) by striking out "or such other State" and inserting in lieu thereof ", such other State, or such State (in the case of a State which on its own behalf makes such enforcement and collection)". (c) Section 458 of such Act is further amended by adding at the end thereof the following new subsection: "(c) No pajnment under the preceding provisions of this section shall be made to any State or political subdivision thereof with respect to any amount collected and distributed by it unless such amount was collected and distributed in accordance with the State plan of the State approved by the Secretary as meeting the conditions required by section 454.". 42 u s e 654. EXCHANGE OF INFORMATION ON TERMINATED OR SUSPENDED PROVIDERS SEC 308. (a) Section 1862(d) of the Social Security Act is amended 42 use I395y. by adding at the end thereof the following new paragraph: "(4) The Secretary shall promptly notify each State agency which administers or supervises the administration of a State plan approved under title XIX of any determination made imder the 42 u s e 1396. provisions of this subsection.". Qji) Section 1866(c) of such Act is amended by adding at the end 42 u s e 1395CC. thereof the following new paragraph: "(3) Where an agreement filed imder this title by a provider of services has been terminated by the Secretary, the Secretary shall promptly notify each State agency which administers or supervises the administration of a State plan approved under title XIX of such termination.". (c) Section 1902(a) of such Act is amended— 42 u s e 1396a. (1) by striking out "and" at the end of paragraph (39); (2) by striking out the period at the end of paragraph (40) and inserting in lieu thereof ; and"; and (3) by inserting after paragraph (40) the following new paragraph:
94 STAT. 532 PUBLIC LAW 96-272—JUNE 17, 1980 "(41) i)rovide that whenever a provider of services or any other person is terminated, suspended, or otherwise sanctioned or prohibited from participating under the State plan, the State agency shall promptly notify the Secretary of such action.". POSTPONEMENT OF IMPOSITION OF CERTAIN PENALTIES RELATING TO CHILD SUPPORT REQUIREMENTS 42 u s e 603 note. SEC. 309. No reduction in the amount payable to any State under 42 u s e 601. title IV of the Social Security Act with respect to fiscal year 1977 or fiscal year 1978 shall be made prior to October 1,1980, on account of 42 u s e 603. the provisions of section 403(h) of such Act. CONTINUING MEDICAID ELIGIBILITY FOR CERTAIN RECIPIENTS OP V E T E R A N S ' ADMINISTRATION PENSIONS SEC. 310. (a)(1) Part A of title XI of the Social Security Act is amended by adding after section 1132 (as added by section 305 of this Ante, p. 530. Act) the following new section: APPLICANTS OR RECIPIENTS UNDER PUBLIC ASSISTANCE PROGRAMS NOT TO BE REQUIRED TO MAKE ELECTION RESPECTING CERTAIN VETERANS' BENEFITS 42 u s e 1320b-3. "SEC. 1133. (a) Notwithstanding any other provision of law (but subject to subsection (b)), no individual who is an applicant for or recipient of aid or assistance under a State plan approved under title 42 u s e 301,1201, I, X, XIV, or XVI, or part A of title IV, or of benefits under the 1351,1381, 601. Supplemental Security Income program established by title XVI shall— "(1) be required, as a condition of eligibility for (or of continu- ing to receive) such aid, assistance, or benefits, to make an election under section 306 of the Veterans' and Survivors' 38 u s e 521 note. Pension Improvement Act of 1978 with respect to pension paid by the Veterans' Administration, or "(2) by reason of failure or refusal to make such an election, be denied (or suffer a reduction in the amount of) such aid, assist- ance, or benefits. "(b) The provisions of subsection (a) shall be applicable only with respect to an individual, who is an applicant for or recipient of aid, assistance, or benefits described in subsection (a), during a period with respect to which there is in effect— "(1) in case such individual is an applicant for or recipient of aid or assistance under a State plan referred to in subsection (a), in the State having such plan, or "(2) in case such individual is an applicant for or recipient of benefits under the Supplemental Security Income program 42 u s e 1381. established by title XVI, in the State in which the individual applies for or receives such benefits, 42 u s e 1396. a State plan for medical assistance, approved under title XIX, under which medical assistance is available to such individual only for periods for which such individual is a recipient of aid, assistance, or benefits described in subsection (a).". Effective date. (2) The amendment made by paragraph (1) shall be effective on and 42 u s e 1320 b-3 after January 1, 1979; except that nothing contained in such amend- note. ment shall be construed to authorize or require any payment (or increase in payment) of any aid or assistance or benefits referred to in section 1133(a) of the Social Security Act (as added by paragraph (1))
PUBLIC LAW 96-272—JUNE 17, 1980 94 STAT. 533 for any benefit period which begins prior to the date of enactment of this Act. (b)(1)(A) For purposes of section 1902(a)(10)(A) of the Social Security 42 u s e 1396a Act, any individual who, prior to the date of enactment of this Act note. 42 u s e 1396a. and for the month of December 1978, was eligible for and received aid or assistance under a State plan approved under title I, X, XIV, or XVI, or part A of title IV of such Act, or was eligible for and received 42 u s e 301, supplemental security income benefits under title XVI of such Act (or 1201, 1351, 1381, 601. a supplementary payment described in section 13(c) of Public Law 93-238), and was also in receipt of (or was a dependent, for purposes of 42 u s e 1396a note. chapter 15 of title 38, United States Code, as in effect on December 31, 38 u s e 501 et 1978, of an individual in receipt of) pension from the Veterans' seq. Administration for the month of December 1978 shall (subject to subparagraph (B)) be deemed to have been receiving such aid, assistance, supplemental security income, or supplementary pay- ment, for each calendar month thereafter (prior to the month in which the provisions of this subparagraph cease to be effective with respect to him as determined under subparagraph (B)), if such individual would have been eligible therefor in December 1978 and in the month in which the provisions of this subparagraph cease to be effective with respect to him as determined under subparagraph (B) had the increase in income of such individual (or of the family of which such individual is a member), attributable to an election (made by such individual or another member of such individual's family) under section 306 of the Veterans' and Survivors' Pension Improve- ment Act of 1978, not occurred. 38 u s e 521 note. (B)(i) The provisions of subparagraph (A) shall take effect on Effective date. January 1, 1979, and shall cease to be effective, in the case of any individual, for and after the first calendar month beginning more than 10 days after an "informed election" (as defined in subdivision (ii) of this subparagraph) has been made by such individual (or, if such individual is not eligible to make such an election, by a member of such individual's family who is eligible to make such an election which affects such individual's eligibility for aid, assistance, or benefits under a plan or program referred to in subparagraph (A)). (ii) The term "informed election" means an election made under "Informed section 306 of the Veterans' and Survivors' Pension Improvement Act election." of 1978 (or a reaffirmation of such an election which previously was 38 u s e 521 note. made under such section 306) after the date of compliance by the Administrator of Veterans' Affairs (hereinafter in this section referred to as the "Administrator") with the provisions of paragraph (2)(A) with respect to the individual concerned. An individual who fails, within the time limits prescribed in paragraph (2)(B), to disaf- firm an election previously made by such individual under such section 306 shall be deemed, for purposes of this section and such section 306, to have reaffirmed such election. (2)(A) The Administrator shall provide to each individual to whom 42 u s e 1320b-3 section 1133 of the Social Security Act (as added by subsection (a)(1) of note. this section) applies and who is eligible to make or has made an Ante, p. 532. election under section 306 of the Veterans' and Survivors' Pension Improvement Act of 1978, a written notice, in clear and understand- 38 u s e 521 note. able language, which (i) describes the consequences to such individual (and possibly to such individual's family), in terms of a determination or possible determination of ineligibility for medical assistance under a State plan approved under title XIX of the Social Security Act, of 42 u s e 1396. making an election with respect to pension under such section 306, (ii) describes the provisions of subparagraph (B) of this paragraph and
94 STAT. 534 PUBLIC LAW 96-272—JUNE 17, 1980 subsection (a) of this section, (iii) sets forth other relevant information that would be helpful to such individual in making an informed decision concerning such an election or the disafHrmation thereof, and (iv) in the case of any individual who has made such an election, is accompanied by a form prepared for the purpose of enabling such individual to file with the Administrator a written disaffirmation of such an election. (B) Notwithstanding any other provision of law— (i) any individual to whom section 1133 of the Social Security Ante, p. 532. Act (as added by subsection (aXl) of this section) applies may, within the 90-day period beginning with the day that there is mailed to such individual (at such individual's last known mail- ing address) a notice referred to in subparagraph (A), disaffirm an election previously made by such individual under section 306 of the Veterans' and Survivors' Pension Improvement Act of 38 use 521 note. 1978 by completing and mailing to the Administrator the form furnished such individual for such purpose by the Administrator pursuant to subparagraph (A), (ii) whenever any such individual files such a disaffirmation with the Administrator, the amount of pension payable to such individual shall be adjusted, beginning with the first calendar month which commences after the receipt by the Administrator of such disaffirmation, to the amount that such pension would have been if such an election by such individual had not been made, (iii) any individual who has filed a disaffirmation, pursuant to this subparagraph, of an election made by such individual under such section 306 may ag£un make an election thereunder, but such subsequent election may not be disaffirmed under this subsection, and (iv) no indebtedness to the United States, as a result of the disaffirmation by an individual, pursuant to this subparagraph, of an election made by such individual under such section 306 shall be considered to arise from the payment of pension pursu- ant to such an election.
PUBLIC LAW 96-272—JUNE 17, 1980 94 STAT. 535 (C9 The Administrator shall promptly advise the Secretary of Health, Education, and Welfare, and provide identification of the individuals involved and other peortinent information with respect to (i) disafiBrmations (tf Sections made by individuals pursuant to subparagraph (B), (ii) individuals who, by failing to disaffirm within the 90-day period prescribed in subparagraph (B), are deemedtohave reafOrmea elections previously made, and (iiD individuals who, after having disafBrmed an election under subparagraph (B), subsequently again make an election under section 806 of the Veterans' and Survivors' Pension Improvement Act of 1978. The Secretary, upon ^^ use 521 note. receipt of any such inrormation with respect to an individual, shall promptly noofy tlie appropriate agencies administering Stete plans approved under title I, X, XIV, ^OX, and part A of title IV of the Social Security Act, and Stete agencies making supplemental pay- ii^^Jahm^^' mente pursuant to section 1616 of such Act or an agreement entered 42 use i382e into pursuanttosection 212(a) of Public Law 93-66. 87 stat. 155. Approved June 17, 1980. LEGISLATIVE HISTORY: HOUSE REPORTS: No. 96-136 (eomm. on Ways and Means), No. 96-136, Pt. 2 (eomm. on Appropriations), and No. 96-900 (Comm. of Oonference). SENATE REPORT No. 96-336 (Oomm. on Finance). CONGRESSIONAL RECORD: Vol. 125 (1979): Aug. 2, considered and passed House. Oct. 25, 29, considered and passed Senate, amended. Vol. 126 (1980): June 13, House and Senate agreed to conference report. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS: Vol. 16, No. 25 (1980): June 17, Presidential statement.