42 U.S.C. § 673 — Adoption and guardianship assistance pro-

Page 2382 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 673 100 Stat. 294; Pub. L. 100–203, title IX, § 9131(a)(2), Dec. 22, 1987, 101 Stat. 1330–313, provided that: ‘‘The amend- ments made by subsections (a) and (b) [amending this section and sections 608, 673, and 675 of this title] shall be effective only with respect to expenditures made after September 30, 1979.’’ [Pub. L. 100–203, title IX, § 9131(b), Dec. 22, 1987, 101 Stat. 1330–313, provided that: ‘‘The amendments made by subsection (a) [amending section 102(a)(1), (c), and (e) of Pub. L. 96–272, set out as notes under this section] shall become effective October 1, 1987.’’] CONSTRUCTION OF 2008 AMENDMENT For construction of amendment by section 301(a)(2) of Pub. L. 110–351, see section 301(d) of Pub. L. 110–351, set out as a note under section 671 of this title. CHILDREN VOLUNTARILY REMOVED FROM HOME OF RELATIVE Pub. L. 96–272, title I, § 102(d)(1), June 17, 1980, 94 Stat. 515, provided that: ‘‘For purposes of section 472 of the Social Security Act [42 U.S.C. 672], a child who was vol- untarily 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 determina- tion if, and from the date that, a case plan and a review meeting the requirements of section 471(a)(16) of such Act [42 U.S.C. 671(a)(16)] have been made with respect to such child and such child is determined to be in need of foster care as a result of such review. In the case of any child described in the preceding sentence, for pur- poses of section 472(a)(4) of such Act [42 U.S.C. 672(a)(4)], the date of the voluntary removal shall be deemed to be the date on which court proceedings are initiated which led to such removal.’’ ANNUAL REPORT TO CONGRESS OF NUMBER OF CHIL- DREN PLACED IN FOSTER CARE PURSUANT TO VOL- UNTARY PLACEMENT AGREEMENTS Pub. L. 96–272, title I, § 102(e), June 17, 1980, 94 Stat. 515, as amended by Pub. L. 100–203, title IX, § 9131(a)(3), Dec. 22, 1987, 101 Stat. 1330–313, which required the Sec- retary of Health, Education, and Welfare to submit to Congress a full and complete annual report on the placement of children in foster care pursuant to vol- untary placement agreements under this section and section 608 of this title, terminated, effective May 15, 2000, pursuant to section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance. See, also, item 12 on page 99 of House Document No. 103–7. § 673. Adoption and guardianship assistance pro- gram (a) Agreements with adoptive parents of children with special needs; State payments; quali- fying children; amount of payments; changes in circumstances; placement period prior to adoption; nonrecurring adoption expenses (1)(A) Each State having a plan approved under this part shall enter into adoption assist- ance agreements (as defined in section 675(3) of this title) with the adoptive parents of children with special needs. (B) Under any adoption assistance agreement entered into by a State with parents who adopt a child with special needs, the State— (i) shall make payments of nonrecurring adoption expenses incurred by or on behalf of such parents in connection with the adoption of such child, directly through the State agen- cy or through another public or nonprofit pri- vate agency, in amounts determined under paragraph (3), and (ii) in any case where the child meets the re- quirements of paragraph (2), may make adop- tion assistance payments to such parents, di- rectly through the State agency or through another public or nonprofit private agency, in amounts so determined. (2)(A) For purposes of paragraph (1)(B)(ii), a child meets the requirements of this paragraph if— (i) in the case of a child who is not an appli- cable child for the fiscal year (as defined in subsection (e)), the child— (I)(aa)(AA) was removed from the home of a relative specified in section 606(a) of this title (as in effect on July 16, 1996) and placed in foster care in accordance with a voluntary placement agreement with respect to which Federal payments are provided under section 674 of this title (or section 603 of this title, as such section was in effect on July 16, 1996), or in accordance with a judicial deter- mination to the effect that continuation in the home would be contrary to the welfare of the child; and (BB) met the requirements of section 672(a)(3) of this title with respect to the home referred to in subitem (AA) of this item; (bb) meets all of the requirements of sub- chapter XVI with respect to eligibility for supplemental security income benefits; or (cc) is a child whose costs in a foster fam- ily home or child-care institution are cov- ered by the foster care maintenance pay- ments being made with respect to the minor parent of the child as provided in section 675(4)(B) of this title; and (II) has been determined by the State, pur- suant to subsection (c)(1) of this section, to be a child with special needs; or (ii) in the case of a child who is an applicable child for the fiscal year (as so defined), the child— (I)(aa) at the time of initiation of adoption proceedings was in the care of a public or li- censed private child placement agency or In- dian tribal organization pursuant to— (AA) an involuntary removal of the child from the home in accordance with a judi- cial determination to the effect that con- tinuation in the home would be contrary to the welfare of the child; or (BB) a voluntary placement agreement or voluntary relinquishment; (bb) meets all medical or disability re- quirements of subchapter XVI with respect to eligibility for supplemental security in- come benefits; or (cc) was residing in a foster family home or child care institution with the child’s minor parent, and the child’s minor parent was in such foster family home or child care institution pursuant to— (AA) an involuntary removal of the child from the home in accordance with a judi- cial determination to the effect that con- tinuation in the home would be contrary to the welfare of the child; or (BB) a voluntary placement agreement or voluntary relinquishment; and Page 2383 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 673 (II) has been determined by the State, pur- suant to subsection (c)(2), to be a child with special needs. (B) Section 672(a)(4) of this title shall apply for purposes of subparagraph (A) of this paragraph, in any case in which the child is an alien de- scribed in such section. (C) A child shall be treated as meeting the re- quirements of this paragraph for the purpose of paragraph (1)(B)(ii) if— (i) in the case of a child who is not an appli- cable child for the fiscal year (as defined in subsection (e)), the child— (I) meets the requirements of subpara- graph (A)(i)(II); (II) was determined eligible for adoption assistance payments under this part with re- spect to a prior adoption; (III) is available for adoption because— (aa) the prior adoption has been dis- solved, and the parental rights of the adop- tive parents have been terminated; or (bb) the child’s adoptive parents have died; and (IV) fails to meet the requirements of sub- paragraph (A)(i) but would meet such re- quirements if— (aa) the child were treated as if the child were in the same financial and other cir- cumstances the child was in the last time the child was determined eligible for adop- tion assistance payments under this part; and (bb) the prior adoption were treated as never having occurred; or (ii) in the case of a child who is an applicable child for the fiscal year (as so defined), the child meets the requirements of subparagraph (A)(ii)(II), is determined eligible for adoption assistance payments under this part with re- spect to a prior adoption (or who would have been determined eligible for such payments had the Adoption and Safe Families Act of 1997 been in effect at the time that such deter- mination would have been made), and is avail- able for adoption because the prior adoption has been dissolved and the parental rights of the adoptive parents have been terminated or because the child’s adoptive parents have died. (D) In determining the eligibility for adoption assistance payments of a child in a legal guard- ianship arrangement described in section 671(a)(28) of this title, the placement of the child with the relative guardian involved and any kin- ship guardianship assistance payments made on behalf of the child shall be considered never to have been made. (3) The amount of the payments to be made in any case under clauses (i) and (ii) of paragraph (1)(B) shall be determined through agreement between the adoptive parents and the 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 as- sistance payment made under clause (ii) of para- graph (1)(B) 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. (4)(A) Notwithstanding any other provision of this section, a payment may not be made pursu- ant to this section to parents or relative guard- ians with respect to a child— (i) who has attained— (I) 18 years of age, or such greater age as the State may elect under section 675(8)(B)(iii) of this title; or (II) 21 years of age, if the State determines that the child has a mental or physical handicap which warrants the continuation of assistance; (ii) who has not attained 18 years of age, if the State determines that the parents or rel- ative guardians, as the case may be, are no longer legally responsible for the support of the child; or (iii) if the State determines that the child is no longer receiving any support from the par- ents or relative guardians, as the case may be. (B) Parents or relative guardians who have been receiving adoption assistance payments or kinship guardianship assistance payments under this section shall keep the State or local agency administering the program under this section informed of circumstances which would, pursu- ant to this subsection, make them ineligible for the payments, or eligible for the payments in a different amount. (5) 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 in ac- cordance with applicable State and local law shall be eligible for such payments, during the period of the placement, on the same terms and subject to the same conditions as if such indi- viduals had adopted such child. (6)(A) For purposes of paragraph (1)(B)(i), the term ‘‘nonrecurring adoption expenses’’ means reasonable and necessary adoption fees, court costs, attorney fees, and other expenses which are directly related to the legal adoption of a child with special needs and which are not in- curred in violation of State or Federal law. (B) A State’s payment of nonrecurring adop- tion expenses under an adoption assistance agreement shall be treated as an expenditure made for the proper and efficient administration of the State plan for purposes of section 674(a)(3)(E) of this title. (7)(A) Notwithstanding any other provision of this subsection, no payment may be made to parents with respect to any applicable child for a fiscal year that— (i) would be considered a child with special needs under subsection (c)(2); (ii) is not a citizen or resident of the United States; and (iii) was adopted outside of the United States or was brought into the United States for the purpose of being adopted. (B) Subparagraph (A) shall not be construed as prohibiting payments under this part for an ap- Page 2384 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 673 1 See References in Text note below. plicable child described in subparagraph (A) that is placed in foster care subsequent to the failure, as determined by the State, of the initial adop- tion of the child by the parents described in sub- paragraph (A). (8)(A) A State shall calculate the savings (if any) resulting from the application of paragraph (2)(A)(ii) to all applicable children for a fiscal year, using a methodology specified by the Sec- retary or an alternate methodology proposed by the State and approved by the Secretary. (B) A State shall annually report to the Sec- retary— (i) the methodology used to make the cal- culation described in subparagraph (A), with- out regard to whether any savings are found; (ii) the amount of any savings referred to in subparagraph (A); and (iii) how any such savings are spent, ac- counting for and reporting the spending sepa- rately from any other spending reported to the Secretary under part B or this part. (C) The Secretary shall make all information reported pursuant to subparagraph (B) available on the website of the Department of Health and Human Services in a location easily accessible to the public. (D)(i) A State shall spend an amount equal to the amount of the savings (if any) in State ex- penditures under this part resulting from the ap- plication of paragraph (2)(A)(ii) to all applicable children for a fiscal year, to provide to children of families any service that may be provided under part B or this part. A State shall spend not less than 30 percent of any such savings on post-adoption services, post-guardianship serv- ices, and services to support and sustain positive permanent outcomes for children who otherwise might enter into foster care under the responsi- bility of the State, with at least 2⁄3 of the spend- ing by the State to comply with such 30 percent requirement being spent on post-adoption and post-guardianship services. (ii) Any State spending required under clause (i) shall be used to supplement, and not sup- plant, any Federal or non-Federal funds used to provide any service under part B or this part. (b) Aid for dependent children; assistance for minor children in needy families (1) For purposes of subchapter XIX, any child who is described in paragraph (3) is deemed to be a dependent child as defined in section 606 of this title (as in effect as of July 16, 1996) and deemed to be a recipient of aid to families with dependent children under part A of this sub- chapter (as so in effect) in the State where such child resides. (2) For purposes of division A 1 of subchapter XX, any child who is described in paragraph (3) is deemed to be a minor child in a needy family under a State program funded under part A of this subchapter and deemed to be a recipient of assistance under such part. (3) A child described in this paragraph is any child— (A)(i) who is a child described in subsection (a)(2), and (ii) with respect to whom an adoption assist- ance agreement is in effect under this section (whether or not adoption assistance payments are provided under the agreement or are being made under this section), including any such child who has been placed for adoption in ac- cordance with applicable State and local law (whether or not an interlocutory or other judi- cial decree of adoption has been issued), (B) with respect to whom foster care mainte- nance payments are being made under section 672 of this title, or (C) with respect to whom kinship guardian- ship assistance payments are being made pur- suant to subsection (d). (4) For purposes of paragraphs (1) and (2), a child whose costs in a foster family home or child-care institution are covered by the foster care maintenance payments being made with re- spect to the child’s minor parent, as provided in section 675(4)(B) of this title, shall be considered a child with respect to whom foster care mainte- nance payments are being made under section 672 of this title. (c) Children with special needs For purposes of this section— (1) in the case of a child who is not an appli- cable child for a fiscal year, the child shall not be considered a child with special needs un- less— (A) the State has determined that the child cannot or should not be returned to the home of his parents; and (B) the State had first determined (A) that there exists with respect to the child a spe- cific factor or condition (such as his ethnic background, age, or membership in a minor- ity or sibling group, or the presence of fac- tors such as medical conditions or physical, mental, or emotional handicaps) because of which it is reasonable to conclude that such child cannot be placed with adoptive parents without providing adoption assistance under this section or medical assistance under sub- chapter XIX, and (B) that, except where it would be against the best interests of the child because of such factors as the exist- ence of significant emotional ties with pro- spective adoptive parents while in the care of such parents as a foster child, a reason- able, but unsuccessful, effort has been made to place the child with appropriate adoptive parents without providing adoption assist- ance under this section or medical assist- ance under subchapter XIX; or (2) in the case of a child who is an applicable child for a fiscal year, the child shall not be considered a child with special needs unless— (A) the State has determined, pursuant to a criterion or criteria established by the State, that the child cannot or should not be returned to the home of his parents; (B)(i) the State has determined that there exists with respect to the child a specific factor or condition (such as ethnic back- ground, 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 reasonable to conclude that the child cannot be placed with adoptive parents without pro- Page 2385 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 673 viding adoption assistance under this sec- tion and medical assistance under sub- chapter XIX; or (ii) the child meets all medical or dis- ability requirements of subchapter XVI with respect to eligibility for supplemental secu- rity income benefits; and (C) the State has determined 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 of the parents as a foster child, a rea- sonable, but unsuccessful, effort has been made to place the child with appropriate adoptive parents without providing adoption assistance under this section or medical as- sistance under subchapter XIX. (d) Kinship guardianship assistance payments for children (1) Kinship guardianship assistance agreement (A) In general In order to receive payments under section 674(a)(5) of this title, a State shall— (i) negotiate and enter into a written, binding kinship guardianship assistance agreement with the prospective relative guardian of a child who meets the require- ments of this paragraph; and (ii) provide the prospective relative guardian with a copy of the agreement. (B) Minimum requirements The agreement shall specify, at a min- imum— (i) the amount of, and manner in which, each kinship guardianship assistance pay- ment will be provided under the agree- ment, and the manner in which the pay- ment may be adjusted periodically, in con- sultation with the relative guardian, based on the circumstances of the relative guardian and the needs of the child; (ii) the additional services and assist- ance that the child and relative guardian will be eligible for under the agreement; (iii) the procedure by which the relative guardian may apply for additional services as needed; and (iv) subject to subparagraph (D), that the State will pay the total cost of non- recurring expenses associated with obtain- ing legal guardianship of the child, to the extent the total cost does not exceed $2,000. (C) Interstate applicability The agreement shall provide that the agreement shall remain in effect without re- gard to the State residency of the relative guardian. (D) No effect on Federal reimbursement Nothing in subparagraph (B)(iv) shall be construed as affecting the ability of the State to obtain reimbursement from the Federal Government for costs described in that subparagraph. (2) Limitations on amount of kinship guardian- ship assistance payment A kinship guardianship assistance payment on behalf of a child shall not exceed the foster care maintenance payment which would have been paid on behalf of the child if the child had remained in a foster family home. (3) Child’s eligibility for a kinship guardian- ship assistance payment (A) In general A child is eligible for a kinship guardian- ship assistance payment under this sub- section if the State agency determines the following: (i) The child has been— (I) removed from his or her home pur- suant to a voluntary placement agree- ment or as a result of a judicial deter- mination to the effect that continuation in the home would be contrary to the welfare of the child; and (II) eligible for foster care mainte- nance payments under section 672 of this title while residing for at least 6 con- secutive months in the home of the pro- spective relative guardian. (ii) Being returned home or adopted are not appropriate permanency options for the child. (iii) The child demonstrates a strong at- tachment to the prospective relative guardian and the relative guardian has a strong commitment to caring permanently for the child. (iv) With respect to a child who has at- tained 14 years of age, the child has been consulted regarding the kinship guardian- ship arrangement. (B) Treatment of siblings With respect to a child described in sub- paragraph (A) whose sibling or siblings are not so described— (i) the child and any sibling of the child may be placed in the same kinship guard- ianship arrangement, in accordance with section 671(a)(31) of this title, if the State agency and the relative agree on the ap- propriateness of the arrangement for the siblings; and (ii) kinship guardianship assistance pay- ments may be paid on behalf of each sib- ling so placed. (C) Eligibility not affected by replacement of guardian with a successor guardian In the event of the death or incapacity of the relative guardian, the eligibility of a child for a kinship guardianship assistance payment under this subsection shall not be affected by reason of the replacement of the relative guardian with a successor legal guardian named in the kinship guardianship assistance agreement referred to in para- graph (1) (including in any amendment to the agreement), notwithstanding subpara- graph (A) of this paragraph and section 671(a)(28) of this title. (e) Applicable child defined (1) On the basis of age (A) In general Subject to paragraphs (2) and (3), in this section, the term ‘‘applicable child’’ means a Page 2386 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 673 child for whom an adoption assistance agree- ment is entered into under this section dur- ing any fiscal year described in subpara- graph (B) if the child attained the applicable age for that fiscal year before the end of that fiscal year. (B) Applicable age For purposes of subparagraph (A), the ap- plicable age for a fiscal year is as follows: In the case of fiscal year: The applicable age is: 2010 .................................... 16 2011 .................................... 14 2012 .................................... 12 2013 .................................... 10 2014 .................................... 8 2015 .................................... 6 2016 .................................... 4 2017 through 2023 ............... 2 2024 .................................... 2 (or, in the case of a child for whom an adoption assistance agreement is entered into under this section on or after July 1, 2024, any age) 2025 or thereafter .............. any age. (2) Exception for duration in care Notwithstanding paragraph (1) of this sub- section, beginning with fiscal year 2010, such term shall include a child of any age on the date on which an adoption assistance agree- ment is entered into on behalf of the child under this section if the child— (A) has been in foster care under the re- sponsibility of the State for at least 60 con- secutive months; and (B) meets the requirements of subsection (a)(2)(A)(ii). (3) Exception for member of a sibling group Notwithstanding paragraphs (1) and (2) of this subsection, beginning with fiscal year 2010, such term shall include a child of any age on the date on which an adoption assistance agreement is entered into on behalf of the child under this section without regard to whether the child is described in paragraph (2)(A) of this subsection if the child— (A) is a sibling of a child who is an applica- ble child for the fiscal year under paragraph (1) or (2) of this subsection; (B) is to be placed in the same adoption placement as an applicable child for the fis- cal year who is their sibling; and (C) meets the requirements of subsection (a)(2)(A)(ii). (Aug. 14, 1935, ch. 531, title IV, § 473, as added and amended Pub. L. 96–272, title I, §§ 101(a)(1), 102(a)(3), June 17, 1980, 94 Stat. 504, 514; Pub. L. 99–272, title XII, § 12305(a), (b)(1), Apr. 7, 1986, 100 Stat. 293; Pub. L. 99–514, title XVII, § 1711(a), (b), (c)(3)–(5), Oct. 22, 1986, 100 Stat. 2783, 2784; Pub. L. 99–603, title II, § 201(b)(2)(B), Nov. 6, 1986, 100 Stat. 3403; Pub. L. 100–203, title IX, §§ 9133(b)(3), (4), 9139(b), Dec. 22, 1987, 101 Stat. 1330–314, 1330–321; Pub. L. 103–432, title II, §§ 265(b), 266(a), Oct. 31, 1994, 108 Stat. 4469; Pub. L. 104–193, title I, § 108(d)(5), (6), Aug. 22, 1996, 110 Stat. 2167; Pub. L. 105–33, title V, § 5513(b)(3), (4), Aug. 5, 1997, 111 Stat. 620; Pub. L. 105–89, title III, § 307(a), Nov. 19, 1997, 111 Stat. 2133; Pub. L. 109–171, title VII, § 7404(b), Feb. 8, 2006, 120 Stat. 153; Pub. L. 110–351, title I, § 101(b), (c)(1), (5), (f), title II, § 201(c), title IV, § 402, Oct. 7, 2008, 122 Stat. 3950, 3951, 3953, 3958, 3975; Pub. L. 111–148, title VI, § 6703(d)(2)(B), Mar. 23, 2010, 124 Stat. 803; Pub. L. 112–34, title I, § 106(c), Sept. 30, 2011, 125 Stat. 377; Pub. L. 113–183, title II, §§ 206, 207, Sept. 29, 2014, 128 Stat. 1939, 1940; Pub. L. 115–123, div. E, title VII, § 50781(a), Feb. 9, 2018, 132 Stat. 268.) Editorial Notes REFERENCES IN TEXT The Adoption and Safe Families Act of 1997, referred to in subsec. (a)(2)(C)(ii), is Pub. L. 105–89, Nov. 19, 1997, 111 Stat. 2115. For complete classification of this Act to the Code, see Short Title of 1997 Amendment note set out under section 1305 of this title and Tables. Division A of subchapter XX, referred to in subsec. (b)(2), was in the original a reference to subtitle 1 of title XX, which was translated as if referring to sub- title A of title XX of the Social Security Act, to reflect the probable intent of Congress. Title XX of the Act, enacting subchapter XX of this chapter, does not con- tain a subtitle 1. AMENDMENTS 2018—Subsec. (e)(1)(B). Pub. L. 115–123, in table, sub- stituted entries for 2017 through 2023, 2024, and 2025 or thereafter for entries for 2017 and 2018 or thereafter. 2014—Subsec. (a)(8). Pub. L. 113–183, § 206, amended par. (8) generally. Prior to amendment, par. (8) read as follows: ‘‘A State shall spend an amount equal to the amount of savings (if any) in State expenditures under this part resulting from the application of paragraph (2)(A)(ii) to all applicable children for a fiscal year to provide to children or families any service (including post-adoption services) that may be provided under this part or part B, and shall document how such amounts are spent, including on post-adoption services.’’ Subsec. (d)(3)(C). Pub. L. 113–183, § 207, added subpar. (C). 2011—Subsec. (a)(8). Pub. L. 112–34 inserted ‘‘, and shall document how such amounts are spent, including on post-adoption services’’ before the period. 2010—Subsec. (b)(2). Pub. L. 111–148 inserted ‘‘division A of’’ before ‘‘subchapter XX’’. 2008—Pub. L. 110–351, § 101(c)(5), inserted ‘‘and guard- ianship’’ after ‘‘Adoption’’ in section catchline. Subsec. (a)(2)(A). Pub. L. 110–351, § 402(1)(A)(i), sub- stituted ‘‘if—’’ for ‘‘if the child—’’ in introductory pro- visions, inserted cl. (i) designation and introductory provisions, redesignated former cls. (i) and (ii) as subcls. (I) and (II), respectively, of cl. (i) and sub- stituted ‘‘subsection (c)(1)’’ for ‘‘subsection (c)’’ in subcl. (II), redesignated former subcls. (I) to (III) of cl. (i) as items (aa) to (cc), respectively, of cl. (i)(I), redes- ignated former items (aa) and (bb) of cl. (i)(I) as subitems (AA) and (BB), respectively, of cl. (i)(I)(aa) and substituted ‘‘subitem (AA) of this item’’ for ‘‘item (aa) of this subclause’’ in subitem (BB), realigned mar- gins, and added cl. (ii). Subsec. (a)(2)(C). Pub. L. 110–351, § 402(1)(A)(ii), sub- stituted ‘‘if—’’ for ‘‘if the child—’’ in introductory pro- visions, inserted cl. (i) designation and introductory provisions, redesignated former cls. (i) to (iv) as subcls. (I) to (IV), respectively, of cl. (i) and substituted ‘‘sub- paragraph (A)(i)(II)’’ for ‘‘subparagraph (A)(ii)’’ in subcl. (I) and ‘‘subparagraph (A)(i)’’ for ‘‘subparagraph (A)’’ in subcl. (IV), redesignated former subcls. (I) and (II) of cl. (iii) as items (aa) and (bb), respectively, of cl. (i)(III), redesignated former subcls. (I) and (II) of cl. (iv) as items (aa) and (bb), respectively, of cl. (i)(IV), re- aligned margins, and added cl. (ii). Subsec. (a)(2)(D). Pub. L. 110–351, § 101(c)(1), added sub- par. (D). Subsec. (a)(4). Pub. L. 110–351, § 201(c), amended par. (4) generally. Prior to amendment, par. (4) read as fol- Page 2387 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 673 lows: ‘‘Notwithstanding the preceding paragraph, (A) no payment 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 pay- ment 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 adoption assistance payments under this sec- tion shall keep the State or local agency administering the program under this section informed of cir- cumstances which would, pursuant to this subsection, make them ineligible for such assistance payments, or eligible for assistance payments in a different amount.’’ Subsec. (a)(7), (8). Pub. L. 110–351, § 402(1)(B), added pars. (7) and (8). Subsec. (b)(3)(C). Pub. L. 110–351, § 101(f), added sub- par. (C). Subsec. (c). Pub. L. 110–351, § 402(2), substituted ‘‘this section—’’ for ‘‘this section, a child shall not be consid- ered a child with special needs unless—’’ in introduc- tory provisions, inserted par. (1) designation and intro- ductory provisions, redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively, of par. (1), re- aligned margins, and added par. (2). Subsec. (d). Pub. L. 110–351, § 101(b), added subsec. (d). Subsec. (e). Pub. L. 110–351, § 402(3), added subsec. (e). 2006—Subsec. (a)(2). Pub. L. 109–171 amended par. (2) generally. Prior to amendment, par. (2) contained pro- visions relating to criteria used for determining wheth- er a child met the requirements of par. (2) for purposes of par. (1)(B)(ii). 1997—Subsec. (a)(2). Pub. L. 105–89 inserted at end ‘‘Any child who meets the requirements of subpara- graph (C), who was determined eligible for adoption as- sistance payments under this part with respect to a prior adoption, who is available for adoption because the prior adoption has been dissolved and the parental rights of the adoptive parents have been terminated or because the child’s adoptive parents have died, and who fails to meet the requirements of subparagraphs (A) and (B) but would meet such requirements if the child were treated as if the child were in the same financial and other circumstances the child was in the last time the child was determined eligible for adoption assist- ance payments under this part and the prior adoption were treated as never having occurred, shall be treated as meeting the requirements of this paragraph for pur- poses of paragraph (1)(B)(ii).’’ Pub. L. 105–33, § 5513(b)(3), substituted ‘‘July 16, 1996’’ for ‘‘June 1, 1995’’ wherever appearing. Subsec. (b)(1). Pub. L. 105–33, § 5513(b)(4), substituted ‘‘July 16, 1996’’ for ‘‘June 1, 1995’’. 1996—Subsec. (a)(2)(A)(i). Pub. L. 104–193, § 108(d)(5)(A), inserted ‘‘(as such sections were in effect on June 1, 1995)’’ after ‘‘section 607 of this title’’, ‘‘(as so in ef- fect)’’ after ‘‘specified in section 606(a) of this title’’, and ‘‘(as such section was in effect on June 1, 1995)’’ after ‘‘603’’. Subsec. (a)(2)(B)(i). Pub. L. 104–193, § 108(d)(5)(B), in- serted ‘‘would have’’ before ‘‘received aid under the State plan’’ and ‘‘(as in effect on June 1, 1995)’’ after ‘‘602 of this title’’. Subsec. (a)(2)(B)(ii)(II). Pub. L. 104–193, § 108(d)(5)(C), inserted ‘‘(as in effect on June 1, 1995)’’ after ‘‘606(a) of this title’’. Subsec. (b). Pub. L. 104–193, § 108(d)(6), amended sub- sec. (b) generally. Prior to amendment, subsec. (b) read as follows: ‘‘For purposes of subchapters XIX and XX of this chapter, any child— ‘‘(1)(A) who is a child described in subsection (a)(2) of this section, and ‘‘(B) with respect to whom an adoption assistance agreement is in effect under this section (whether or not adoption assistance payments are provided under the agreement or are being made under this section), including any such child who has been placed for adoption in accordance with applicable State and local law (whether or not an interlocutory or other judicial decree of adoption has been issued), or ‘‘(2) with respect to whom foster care maintenance payments are being made under section 672 of this title, shall be deemed to be a dependent child as defined in section 606 of this title and shall be deemed to be a re- cipient of aid to families with dependent children under part A of this subchapter in the State where such child resides. For purposes of the preceding sentence, a child whose costs in a foster family home or child-care insti- tution are covered by the foster care maintenance pay- ments being made with respect to his or her minor par- ent, as provided in section 675(4)(B) of this title, shall be considered a child with respect to whom foster care maintenance payments are being made under section 672 of this title.’’ 1994—Subsec. (a)(6)(B). Pub. L. 103–432, § 266(a), sub- stituted ‘‘section 674(a)(3)(E) of this title’’ for ‘‘section 674(a)(3)(C) of this title’’. Pub. L. 103–432, § 265(b), substituted ‘‘section 674(a)(3)(C) of this title’’ for ‘‘section 674(a)(3)(B) of this title’’. 1987—Subsec. (a)(2). Pub. L. 100–203, § 9139(b), made technical amendment to Pub. L. 99–603. See 1986 Amendment note below. Subsec. (a)(2)(A)(iii). Pub. L. 100–203, § 9133(b)(3)(A), added cl. (iii). Subsec. (a)(2)(B)(iii). Pub. L. 100–203, § 9133(b)(3)(B), in- serted ‘‘or (A)(iii)’’ after ‘‘(A)(ii)’’. Subsec. (b). Pub. L. 100–203, § 9133(b)(4), inserted sen- tence at end. 1986—Subsec. (a)(2). Pub. L. 99–603, as amended Pub. L. 100–203, § 9139(b), inserted at end ‘‘The last sentence of section 672(a) of this title shall apply, for purposes of subparagraph (B), in any case where the child is an alien described in that sentence.’’ Pub. L. 99–514, § 1711(a), substituted par. (1) and intro- ductory text of par. (2) for former introductory text of par. (1) which read as follows: ‘‘Each State with a plan approved under this part shall, directly through the State agency or through another public or nonprofit private agency, make adoption assistance payments pursuant to an adoption assistance agreement in amounts determined under paragraph (2) of this sub- section to parents who, after June 17, 1980, adopt a child who—’’. Former par. (2) redesignated (3). Subsec. (a)(3). Pub. L. 99–514, § 1711(a)(1), (c)(3), redes- ignated par. (2) as (3), substituted ‘‘payments to be made in any case under clauses (i) and (ii) of paragraph (1)(B)’’ for ‘‘adoption assistance payments’’, and in- serted ‘‘made under clause (ii) of paragraph (1)(B)’’. Former par. (3) redesignated (4). Subsec. (a)(4). Pub. L. 99–514, § 1711(a)(1), redesignated par. (3) as (4). Former par. (4) redesignated (5). Subsec. (a)(5). Pub. L. 99–514, § 1711(a)(1), (c)(4), redes- ignated par. (4) as (5) and substituted ‘‘in accordance with applicable State and local law shall be eligible for such payments’’ for ‘‘, pursuant to an interlocutory de- cree, shall be eligible for adoption assistance payments under this subsection’’. Subsec. (a)(6). Pub. L. 99–514, § 1711(b), added par. (6). Subsec. (b). Pub. L. 99–272, § 12305(a), amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: ‘‘For purposes of subchapters XIX and XX of this chapter, any child with respect to whom adoption assistance payments are made under this section shall be deemed to be a dependent child as defined in section 606 of this title and shall be deemed to be a recipient of aid to families with dependent children under part A of this subchapter.’’ Subsec. (b)(1)(A). Pub. L. 99–514, § 1711(c)(5), sub- stituted ‘‘subsection (a)(2)’’ for ‘‘subsection (a)(1)’’. Subsec. (c)(2). Pub. L. 99–272, § 12305(b)(1), substituted ‘‘without providing adoption assistance under this sec- tion or medical assistance under subchapter XIX’’ for ‘‘without providing adoption assistance’’, and inserted ‘‘or medical assistance under subchapter XIX’’ after Page 2388 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 673a ‘‘appropriate adoptive parents without providing adop- tion assistance under this section’’. 1980—Subsec. (a)(1). Pub. L. 96–272, § 102(a)(3), inserted references to voluntary placement agreements in sub- pars. (A)(i) and (B)(i), (ii). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Pub. L. 115–123, div. E, title VII, § 50781(b), Feb. 9, 2018, 132 Stat. 268, provided that: ‘‘The amendment made by this section [amending this section] shall take effect as if enacted on January 1, 2018.’’ EFFECTIVE DATE OF 2014 AMENDMENT Amendment by section 206 of Pub. L. 113–183 effective Oct. 1, 2014, see section 210(d) of Pub. L. 113–183, set out as a note under section 671 of this title. EFFECTIVE DATE OF 2011 AMENDMENT Amendment by Pub. L. 112–34 effective Oct. 1, 2011, and applicable to payments under this part and part B of this subchapter for calendar quarters beginning on or after such date, without regard to whether imple- menting regulations have been promulgated, and with delay permitted if State legislation is required to meet additional requirements, see section 107 of Pub. L. 112–34, set out as a note under section 622 of this title. EFFECTIVE DATE OF 2008 AMENDMENT Amendment by section 201(c) of Pub. L. 110–351 effec- tive Oct. 1, 2010, see section 201(d) of Pub. L. 110–351, set out as a note under section 672 of this title. Amendment by Pub. L. 110–351 effective Oct. 7, 2008, except as otherwise provided, and applicable to pay- ments under this part and part B of this subchapter for quarters beginning on or after effective date of amend- ment, with delay permitted if State legislation is re- quired to meet additional requirements, see section 601 of Pub. L. 110–351, set out as a note under section 671 of this title. EFFECTIVE DATE OF 2006 AMENDMENT Amendment by Pub. L. 109–171 effective as if enacted on Oct. 1, 2005, except as otherwise provided, see section 7701 of Pub. L. 109–171, set out as a note under section 603 of this title. EFFECTIVE DATE OF 1997 AMENDMENT Pub. L. 105–89, title III, § 307(b), Nov. 19, 1997, 111 Stat. 2133, provided that: ‘‘The amendment made by sub- section (a) [amending this section] shall only apply to children who are adopted on or after October 1, 1997.’’ Amendment by Pub. L. 105–33 effective as if included in section 108 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Pub. L. 104–193, at the time such section 108 became law, see section 5518(b) of Pub. L. 105–33, set out as a note under section 652 of this title. EFFECTIVE DATE OF 1996 AMENDMENT Amendment by Pub. L. 104–193 effective July 1, 1997, with transition rules relating to State options to accel- erate such date, rules relating to claims, actions, and proceedings commenced before such date, rules relating to closing out of accounts for terminated or substan- tially modified programs and continuance in office of Assistant Secretary for Family Support, and provisions relating to termination of entitlement under AFDC program, see section 116 of Pub. L. 104–193, set out as an Effective Date note under section 601 of this title. EFFECTIVE DATE OF 1994 AMENDMENT Pub. L. 103–432, title II, § 265(d), Oct. 31, 1994, 108 Stat. 4469, provided that: ‘‘Each amendment made by this section [amending this section and sections 608 and 675 of this title] shall take effect as if the amendment had been included in the provision of OBRA–1989 [Pub. L. 101–239] to which the amendment relates, at the time the provision became law.’’ Pub. L. 103–432, title II, § 266, Oct. 31, 1994, 108 Stat. 4469, provided that: ‘‘The amendment made by this sec- tion [amending this section] shall take effect as if the amendment had been included in the provision of OBRA–1993 [Pub. L. 103–66] to which the amendment re- lates, at the time the provision became law.’’ EFFECTIVE DATE OF 1987 AMENDMENT Amendment by section 9133(b)(3), (4) of Pub. L. 100–203 effective Apr. 1, 1988, see section 9133(c) of Pub. L. 100–203, set out as a note under section 672 of this title. EFFECTIVE DATE OF 1986 AMENDMENT Amendment by Pub. L. 99–514 applicable only with re- spect to expenditures made after Dec. 31, 1986, see sec- tion 1711(d) of Pub. L. 99–514, set out as a note under section 670 of this title. Pub. L. 99–272, title XII, § 12305(c), Apr. 7, 1986, 100 Stat. 294, provided that: ‘‘The amendments made by this section [amending this section and sections 675 and 1396a of this title] shall apply to medical assistance fur- nished in or after the first calendar quarter beginning more than 90 days after the date of the enactment of this Act [Apr. 7, 1986].’’ EFFECTIVE DATE OF 1980 AMENDMENT Amendment by section 102(a)(3) of Pub. L. 96–272 ef- fective only with respect to expenditures made after Sept. 30, 1979, see section 102(c) of Pub. L. 96–272, set out as a note under section 672 of this title. § 673a. Interstate compacts The Secretary of Health and Human Services shall take all possible steps to encourage and as- sist the various States to enter into 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 under section 673 of this title will be ade- quately 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. (Pub. L. 96–272, title I, § 101(a)(4)(B), June 17, 1980, 94 Stat. 512.) Editorial Notes CODIFICATION Section was enacted as part of the Adoption Assist- ance and Child Welfare Act of 1980, and not as part of the Social Security Act which comprises this chapter. Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘Secretary of Health and Human Services’’ sub- stituted in text for ‘‘Secretary of Health, Education, and Welfare’’ pursuant to section 509(b) of Pub. L. 96–88, which is classified to section 3508(b) of Title 20, Edu- cation. § 673b. Adoption and legal guardianship incen- tive payments (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-eligi- ble State for a fiscal year in an amount equal to