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42 U.S.C. § 679 — Collection of data relating to adoption and foster care
Federal law — U.S. Code and appendices · legal_authorities
**(a) Advisory Committee on Adoption and Foster Care Information**
(1) Not later than 90 days after October 21, 1986, the Secretary shall establish an Advisory Committee on Adoption and Foster Care Information (in this section referred to as the “Advisory Committee”) to study the various methods of establishing, administering, and financing a system for the collection of data with respect to adoption and foster care in the United States.
(2) The study required by paragraph (1) shall—
(A) identify the types of data necessary to—
(i) assess (on a continuing basis) the incidence, characteristics, and status of adoption and foster care in the United States, and
(ii) develop appropriate national policies with respect to adoption and foster care;
(B) evaluate the feasibility and appropriateness of collecting data with respect to privately arranged adoptions and adoptions arranged through private agencies without assistance from public child welfare agencies;
(C) assess the validity of various methods of collecting data with respect to adoption and foster care; and
(D) evaluate the financial and administrative impact of implementing each such method.
(3) Not later than October 1, 1987, the Advisory Committee shall submit to the Secretary and the Congress a report setting forth the results of the study required by paragraph (1) and evaluating and making recommendations with respect to the various methods of establishing, administering, and financing a system for the collection of data with respect to adoption and foster care in the United States.
(4)
(A) Subject to subparagraph (B), the membership and organization of the Advisory Committee shall be determined by the Secretary.
(B) The membership of the Advisory Committee shall include representat
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Source file: Laws/federal/codes/united-states-code/title-42/section-679-collection-of-data-relating-to-adoption-and-foster-care--986f94f6ae.md
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Source location: Title 42, Chapter 7, § 679; chapter-007-social-security.md
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**(a) Advisory Committee on Adoption and Foster Care Information**
(1) Not later than 90 days after October 21, 1986, the Secretary shall establish an Advisory Committee on Adoption and Foster Care Information (in this section referred to as the “Advisory Committee”) to study the various methods of establishing, administering, and financing a system for the collection of data with respect to adoption and foster care in the United States.
(2) The study required by paragraph (1) shall—
(A) identify the types of data necessary to—
(i) assess (on a continuing basis) the incidence, characteristics, and status of adoption and foster care in the United States, and
(ii) develop appropriate national policies with respect to adoption and foster care;
(B) evaluate the feasibility and appropriateness of collecting data with respect to privately arranged adoptions and adoptions arranged through private agencies without assistance from public child welfare agencies;
(C) assess the validity of various methods of collecting data with respect to adoption and foster care; and
(D) evaluate the financial and administrative impact of implementing each such method.
(3) Not later than October 1, 1987, the Advisory Committee shall submit to the Secretary and the Congress a report setting forth the results of the study required by paragraph (1) and evaluating and making recommendations with respect to the various methods of establishing, administering, and financing a system for the collection of data with respect to adoption and foster care in the United States.
(4)
(A) Subject to subparagraph (B), the membership and organization of the Advisory Committee shall be determined by the Secretary.
(B) The membership of the Advisory Committee shall include representatives of—
(i) private, nonprofit organizations with an interest in child welfare (including organizations that provide foster care and adoption services),
(ii) organizations representing State and local governmental agencies with responsibility for foster care and adoption services,
(iii) organizations representing State and local governmental agencies with responsibility for the collection of health and social statistics,
(iv) organizations representing State and local judicial bodies with jurisdiction over family law,
(v) Federal agencies responsible for the collection of health and social statistics, and
(vi) organizations and agencies involved with privately arranged or international adoptions.
(5) After the date of the submission of the report required by paragraph (3), the Advisory Committee shall cease to exist.
**(b) Report to Congress; regulations**
(1)
(A) Not later than July 1, 1988, the Secretary shall submit to the Congress a report that—
(i) proposes a method of establishing, administering, and financing a system for the collection of data relating to adoption and foster care in the United States,
(ii) evaluates the feasibility and appropriateness of collecting data with respect to privately arranged adoptions and adoptions arranged through private agencies without assistance from public child welfare agencies, and
(iii) evaluates the impact of the system proposed under clause (i) on the agencies with responsibility for implementing it.
(B) The report required by subparagraph (A) shall—
(i) specify any changes in law that will be necessary to implement the system proposed under subparagraph (A)(i), and
(ii) describe the type of system that will be implemented under paragraph (2) in the absence of such changes.
(2) Not later than December 31, 1988, the Secretary shall promulgate final regulations providing for the implementation of—
(A) the system proposed under paragraph (1)(A)(i), or
(B) if the changes in law specified pursuant to paragraph (1)(B)(i) have not been enacted, the system described in paragraph (1)(B)(ii).
Such regulations shall provide for the full implementation of the system not later than October 1, 1991.
**(c) Data collection system** Any data collection system developed and implemented under this section shall—
(1) avoid unnecessary diversion of resources from agencies responsible for adoption and foster care;
(2) assure that any data that is collected is reliable and consistent over time and among jurisdictions through the use of uniform definitions and methodologies;
(3) provide comprehensive national information with respect to—
(A) the demographic characteristics of adoptive and foster children and their biological and adoptive or foster parents,
(B) the status of the foster care population (including the number of children in foster care, length of placement, type of placement, availability for adoption, and goals for ending or continuing foster care),
(C) the number and characteristics of—
(i) children placed in or removed from foster care,
(ii) children adopted or with respect to whom adoptions have been terminated, and
(iii) children placed in foster care outside the State which has placement and care responsibility,
(D) the extent and nature of assistance provided by Federal, State, and local adoption and foster care programs and the characteristics of the children with respect to whom such assistance is provided; 11 So in original. The semicolon probably should be a comma. and
(E) the annual number of children in foster care who are identified as sex trafficking victims—
(i) who were such victims before entering foster care; and
(ii) who were such victims while in foster care; and
(4) utilize appropriate requirements and incentives to ensure that the system functions reliably throughout the United States.
**(d) Data collection on adoption and legal guardianship disruption and dissolution** To promote improved knowledge on how best to ensure strong, permanent families for children, the Secretary shall promulgate regulations providing for the collection and analysis of information regarding children who enter into foster care under the supervision of a State after prior finalization of an adoption or legal guardianship. The regulations shall require each State with a State plan approved under this part to collect and report as part of such data collection system the number of children who enter foster care under supervision of the State after finalization of an adoption or legal guardianship and may include information concerning the length of the prior adoption or guardianship, the age of the child at the time of the prior adoption or guardianship, the age at which the child subsequently entered foster care under supervision of the State, the type of agency involved in making the prior adoptive or guardianship placement, and any other factors determined necessary to better understand factors associated with the child’s post-adoption or post-guardianship entry to foster care.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—**
(1) **Advisory committees in existence on january 5, 1973.—** — Each advisory committee that is in existence on January 5, 1973, shall terminate not later than the expiration of the 2-year period following that date unless—
(A) in the case of an advisory committee established by the President or an officer of the Federal Government, such advisory committee is renewed by the President or that officer by appropriate action prior to the expiration of such 2-year period; or
(B) in the case of an advisory committee established by an Act of Congress, its duration is otherwise provided for by law.
(2) **Advisory committees established after january 5, 1973.—** — Each advisory committee established after January 5, 1973, shall terminate not later than the expiration of the 2-year period beginning on the date of its establishment unless—
(A) in the case of an advisory committee established by the President or an officer of the Federal Government 11 So in original. Probably should be followed by a comma. such advisory committee is renewed by the President or such officer by appropriate action prior to the end of such period; or
(B) in the case of an advisory committee established by an Act of Congress, its duration is otherwise provided for by law.
**(b) Charters.—**
(1) **Upon renewal.—** — Upon the renewal of an advisory committee, the advisory committee shall file a charter in accordance with [section 1008(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section1008/c&num=0&edition=prelim).
(2) **Upon expiration of successive 2-year periods.—** — An advisory committee established by an Act of Congress shall file a charter in accordance with [section 1008(c) of this title](https://uscode.house.gov/view.x
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 1013
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Federal law — U.S. Code and appendices · legal_authorities
As used in this part or part B of this subchapter:
(1) The term “case plan” means a written document which meets the requirements of [section 675a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section675a&num=0&edition=prelim) and includes at least the following:
(A) A description of the type of home or institution in which a child is to be placed, including a discussion of the safety and appropriateness of the placement and how the agency which is responsible for the child plans to carry out the voluntary placement agreement entered into or judicial determination made with respect to the child in accordance with section 672(a)(1) 11 See References in Text note below. of this title.
(B) A plan for assuring that the child receives safe and proper care and that services are provided to the parents, child, and foster parents in order to improve the conditions in the parents’ home, facilitate return of the child to his own safe 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. With respect to a child who has attained 14 years of age, the plan developed for the child in accordance with this paragraph, and any revision or addition to the plan, shall be developed in consultation with the child and, at the option of the child, with up to 2 members of the case planning team who are chosen by the child and who are not a foster parent of, or caseworker for, the child. A State may reject an individual selected by a child to be a member of the case planning team at any time if the State has good cause to believe that the individual would not act in the best interests of the
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 675
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authority to approve demonstration projects**
(1) **In general** — The Secretary may authorize States to conduct demonstration projects pursuant to this section which the Secretary finds are likely to promote the objectives of part B or E of subchapter IV.
(2) **Limitation** — During fiscal years 2012 through 2014, the Secretary may authorize demonstration projects described in paragraph (1), with not more than 10 demonstration projects to be authorized in each fiscal year.
(3) **Conditions for State eligibility** — For purposes of a new demonstration project under this section that is initially approved in any of fiscal years 2012 through 2014, a State shall be authorized to conduct such demonstration project only if the State satisfies the following conditions:
(A) *Identify 1 or more goals*
(i) *In general* — The State shall demonstrate that the demonstration project is designed to accomplish 1 or more of the following goals:
(I) Increase permanency for all infants, children, and youth by reducing the time in foster placements when possible and promoting a successful transition to adulthood for older youth.
(II) Increase positive outcomes for infants, children, youth, and families in their homes and communities, including tribal communities, and improve the safety and well-being of infants, children, and youth.
(III) Prevent child abuse and neglect and the re-entry of infants, children, and youth into foster care.
(ii) *Long-term therapeutic family treatment centers; addressing domestic violence* — With respect to a demonstration project that is designed to accomplish 1 or more of the goals described in clause (i), the State may elect to establish a program—
(I) to permit foster care maintenance payments to be made un
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1320a–9
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Federal law — U.S. Code and appendices · legal_authorities
Not later than April 30, 1993, and annually thereafter, the Secretary of Health and Human Services, acting through the Director of the National Center on Child Abuse and Neglect, shall prepare and submit to the appropriate committees of Congress a report concerning the measures being taken to assist States in implementing a voluntary reporting system for child abuse and neglect. Such reports shall contain information concerning the extent to which the child abuse and neglect reporting systems developed by the States are coordinated with the automated foster care and adoption reporting system required under [section 679 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section679&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 5106f–1
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Federal law — U.S. Code and appendices · legal_authorities
For the purpose of enabling each State to provide, in appropriate cases, foster care and transitional independent living programs for children who otherwise would have been eligible for assistance under the State’s plan approved under part A (as such plan was in effect on June 1, 1995), adoption assistance for children with special needs, kinship guardianship assistance, and prevention services or programs specified in [section 671(e)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section671/e/1&num=0&edition=prelim), there are authorized to be appropriated for each fiscal year such sums as may be necessary to carry out the provisions of this part. The sums made available under this section shall be used for making payments to States which have submitted, and had approved by the Secretary, State plans under this part.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 670
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Requisite features of State plan** In order for a State to be eligible for payments under this part, it shall have a plan approved by the Secretary which—
(1) provides for foster care maintenance payments in accordance with [section 672 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section672&num=0&edition=prelim), adoption assistance in accordance with [section 673 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section673&num=0&edition=prelim), and, at the option of the State, services or programs specified in subsection (e)(1) of this section for children who are candidates for foster care or who are pregnant or parenting foster youth and the parents or kin caregivers of the children, in accordance with the requirements of that subsection;
(2) provides that the State agency responsible for administering the program authorized by subpart 1 of part B of this subchapter shall administer, 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 local 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 subchapter, under division A 11 See References in Text note below. of subchapter XX of this chapter, and under any other appropriate provision of Federal law;
(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 nece
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 671
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Grant authority** Subject to the availability of such amounts as may be provided in advance in appropriations Acts for this purpose, the Secretary shall make a grant to each State that is an incentive-eligible State for a fiscal year in an amount equal to the adoption and legal guardianship incentive payment payable to the State under this section for the fiscal year, which shall be payable in the immediately succeeding fiscal year.
**(b) Incentive-eligible State** A State is an incentive-eligible State for a fiscal year if—
(1) the State has a plan approved under this part for the fiscal year;
(2) the State is in compliance with subsection (c) for the fiscal year;
(3) the State provides health insurance coverage to any child with special needs (as determined under [section 673(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section673/c&num=0&edition=prelim)) for whom there is in effect an adoption assistance agreement between a State and an adoptive parent or parents; and
(4) the fiscal year is any of fiscal years 2016 through 2020.
**(c) Data requirements**
(1) **In general** — A State is in compliance with this subsection for a fiscal year if the State has provided to the Secretary the data described in paragraph (2)—
(A) for fiscal years 1995 through 1997 (or, if the first fiscal year for which the State seeks a grant under this section is after fiscal year 1998, the fiscal year that precedes such first fiscal year); and
(B) for each succeeding fiscal year that precedes the fiscal year.
(2) **Determination of rates of adoptions and guardianships based on AFCARS data** — The Secretary shall determine each of the rates required to be determined under this section with respect to a State and a fiscal year, on
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 673b
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Amounts** For each quarter beginning after September 30, 1980, each State which has a plan approved under this part shall be entitled to a payment equal to the sum of—
(1) subject to subsections (j) and (k) of [section 672 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section672&num=0&edition=prelim), an amount equal to the Federal medical assistance percentage (which shall be as defined in [section 1396d(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396d/b&num=0&edition=prelim), in the case of a State other than the District of Columbia, or 70 percent, in the case of the District of Columbia) of the total amount expended during such quarter as foster care maintenance payments under [section 672 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section672&num=0&edition=prelim) for children in foster family homes or child-care institutions (or, with respect to such payments made during such quarter under a cooperative agreement or contract entered into by the State and an Indian tribe, tribal organization, or tribal consortium for the administration or payment of funds under this part, an amount equal to the Federal medical assistance percentage that would apply under [section 679c(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section679c/d&num=0&edition=prelim) (in this paragraph referred to as the “tribal FMAP”) if such Indian tribe, tribal organization, or tribal consortium made such payments under a program operated under that section, unless the tribal FMAP is less than the Federal medical assistance percentage that applies to the State); plus
(2) an amount equal to the Federal medical assistance pe
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 674
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Federal law — U.S. Code and appendices · legal_authorities
The Secretary of Health and Human Services shall establish, either directly or by grant or contract, a National Adoption Information Clearinghouse. The Clearinghouse shall—
(1) collect, compile, and maintain information obtained from available research, studies, and reports by public and private agencies, institutions, or individuals concerning all aspects of infant adoption and adoption of children with special needs;
(2) compile, maintain, and periodically revise directories of information concerning—
(A) crisis pregnancy centers,
(B) shelters and residences for pregnant women,
(C) training programs on adoption,
(D) educational programs on adoption,
(E) licensed adoption agencies,
(F) State laws relating to adoption,
(G) intercountry adoption, and
(H) any other information relating to adoption for pregnant women, infertile couples, adoptive parents, unmarried individuals who want to adopt children, individuals who have been adopted, birth parents who have placed a child for adoption, adoption agencies, social workers, counselors, or other individuals who work in the adoption field;
(3) disseminate the information compiled and maintained pursuant to paragraph (1) and the directories compiled and maintained pursuant to paragraph (2); and
(4) upon the establishment of an adoption and foster care data collection system pursuant to [section 679 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section679&num=0&edition=prelim), disseminate the data and information made available through that system.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 679a
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Federal law — U.S. Code and appendices · legal_authorities
Page 2421
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 679
GIBILITY FOR SUCH ASSISTANCE.—Notwithstanding sec-
tion 477(b)(3)(B) of the Social Security Act, a State
may use—
‘‘(A) more than 30 percent of the amounts paid to
the State from its allotment under section 477(c)(1)
of such Act for a fiscal year, for room or board pay-
ments; and
‘‘(B) any of such amounts for youth otherwise eli-
gible for services under section 477 of such Act
who—
‘‘(i) have attained 18 years of age and not 27
years of age; and
‘‘(ii) experienced foster care at 14 years of age
or older.
‘‘(4) AUTHORITY TO PROVIDE DRIVING AND TRANSPOR-
TATION ASSISTANCE.—
‘‘(A) USE OF FUNDS.—Funds provided under sec-
tion 477 of the Social Security Act may be used to
provide driving and transportation assistance to
youth described in paragraph (3)(B) who have at-
tained 15 years of age with costs related to obtain-
ing a driver’s license and driving lawfully in a State
(such as vehicle insurance costs, driver’s education
class and testing fees, practice lessons, practice
hours, license fees, roadside assistance, deductible
assistance, and assistance in purchasing an auto-
mobile).
‘‘(B) MAXIMUM
ALLOWANCE.—The amount of the
assistance provided for each eligible youth under
subparagraph (A) shall not exceed $4,000 per year,
and any assistance so provided shall be disregarded
for purposes of determining the recipient’s eligi-
bility for, and the amount of, any other Federal or
federally-supported assistance, except that the
State agency shall take appropriate steps to pre-
vent duplication of benefits under this and other
Federal or federally-supported programs.
‘‘(C) REPORT TO THE CONGRESS.—Within 6 months
after the end of the expenditure period, the Sec-
retary shall submit to the Congress
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 679
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