42 U.S.C. § 675 — Definitions

Page 2401 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 675 1 See References in Text note below. applied without regard to any amount paid to a terri- tory pursuant to this section that would not have been paid to the territory in the absence of this section.’’ [For definitions of terms used in section 8 of div. X of Pub. L. 116–260, set out above, see section 2 of div. X of Pub. L. 116–260, set out as a note under section 629h of this title.] EVIDENCE STANDARD TRANSITION Pub. L. 116–94, div. N, title I, § 602(b), Dec. 20, 2019, 133 Stat. 3120, provided that: ‘‘(1) TEMPORARY SUSPENSION OF REQUIREMENT THAT AT LEAST 50 PERCENT OF A STATE’S REIMBURSEMENT FOR PRE- VENTION AND FAMILY SERVICES AND PROGRAMS BE FOR PROGRAMS AND SERVICES THAT MEET THE WELL-SUP- PORTED PRACTICE REQUIREMENT.—With respect to quar- ters in fiscal years 2020 and 2021, section 474(a)(6)(A) of the Social Security Act (42 U.S.C. 674(a)(6)(A)) shall be applied without regard to clause (ii) of such section. ‘‘(2) SUPPORTED PRACTICES TEMPORARILY TREATED AS WELL-SUPPORTED PRACTICES.—With respect to quarters in fiscal years 2022 and 2023, practices that meet the criteria specified for supported practices in section 471(e)(4)(C) of the Social Security Act (42 U.S.C. 671(e)(4)(C)) shall be considered well-supported prac- tices for purposes of section 474(a)(6)(A)(ii) of such Act (42 U.S.C. 674(a)(6)(A)(ii)).’’ PHASE-IN Pub. L. 110–351, title II, § 203(b), Oct. 7, 2008, 122 Stat. 3959, provided that: ‘‘With respect to an expenditure de- scribed in section 474(a)(3)(B) of the Social Security Act [42 U.S.C. 674(a)(3)(B)] by reason of an amendment made by subsection (a) of this section [amending this sec- tion], in lieu of the percentage set forth in such section 474(a)(3)(B), the percentage that shall apply is— ‘‘(1) 55 percent, if the expenditure is made in fiscal year 2009; ‘‘(2) 60 percent, if the expenditure is made in fiscal year 2010; ‘‘(3) 65 percent, if the expenditure is made in fiscal year 2011; or ‘‘(4) 70 percent, if the expenditure is made in fiscal year 2012.’’ § 675. Definitions As used in this part or part B of this sub- chapter: (1) The term ‘‘case plan’’ means a written document which meets the requirements of section 675a of this title 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 ap- propriateness 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 deter- mination made with respect to the child in accordance with section 672(a)(1) 1 of this title. (B) A plan for assuring that the child re- ceives 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, in- cluding 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 ad- dition to the plan, shall be developed in con- sultation 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 case- worker for, the child. A State may reject an individual selected by a child to be a mem- ber 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 inter- ests of the child. One individual selected by a child to be a member of the child’s case planning team may be designated to be the child’s advisor and, as necessary, advocate, with respect to the application of the rea- sonable and prudent parent standard to the child. (C) The health and education records of the child, including the most recent infor- mation available regarding— (i) the names and addresses of the child’s health and educational providers; (ii) the child’s grade level performance; (iii) the child’s school record; (iv) a record of the child’s immuniza- tions; (v) the child’s known medical problems; (vi) the child’s medications; and (vii) any other relevant health and edu- cation information concerning the child determined to be appropriate by the State agency. (D) For a child who has attained 14 years of age or over, a written description of the programs and services which will help such child prepare for the transition from foster care to a successful adulthood. (E) In the case of a child with respect to whom the permanency plan is adoption or placement in another permanent home, doc- umentation of the steps the agency is taking to find an adoptive family or other perma- nent living arrangement for the child, to place the child with an adoptive family, a fit and willing relative, a legal guardian, or in another planned permanent living arrange- ment, and to finalize the adoption or legal guardianship. At a minimum, such docu- mentation shall include child specific re- cruitment efforts such as the use of State, regional, and national adoption exchanges including electronic exchange systems to fa- cilitate orderly and timely in-State and interstate placements. (F) In the case of a child with respect to whom the permanency plan is placement with a relative and receipt of kinship guard- ianship assistance payments under section 673(d) of this title, a description of— (i) the steps that the agency has taken to determine that it is not appropriate for the child to be returned home or adopted; (ii) the reasons for any separation of sib- lings during placement; (iii) the reasons why a permanent place- ment with a fit and willing relative through a kinship guardianship assistance arrangement is in the child’s best inter- ests; Page 2402 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 675 2 So in original. Subsequent subpars. enacted or amended with semicolons at end. (iv) the ways in which the child meets the eligibility requirements for a kinship guardianship assistance payment; (v) the efforts the agency has made to discuss adoption by the child’s relative foster parent as a more permanent alter- native to legal guardianship and, in the case of a relative foster parent who has chosen not to pursue adoption, documenta- tion of the reasons therefor; and (vi) the efforts made by the State agency to discuss with the child’s parent or par- ents the kinship guardianship assistance arrangement, or the reasons why the ef- forts were not made. (G) A plan for ensuring the educational stability of the child while in foster care, in- cluding— (i) assurances that each placement of the child in foster care takes into account the appropriateness of the current educational setting and the proximity to the school in which the child is enrolled at the time of placement; and (ii)(I) an assurance that the State agen- cy has coordinated with appropriate local educational agencies (as defined under sec- tion 7801 of title 20) to ensure that the child remains in the school in which the child is enrolled at the time of each place- ment; or (II) if remaining in such school is not in the best interests of the child, assurances by the State agency and the local edu- cational agencies to provide immediate and appropriate enrollment in a new school, with all of the educational records of the child provided to the school. (2) The term ‘‘parents’’ means biological or adoptive parents or legal guardians, as deter- mined by applicable State law. (3) The term ‘‘adoption assistance agree- ment’’ means a written agreement, binding on the parties to the agreement, between the State agency, other relevant agencies, and the prospective adoptive parents of a minor child which at a minimum (A) specifies the nature and amount of any payments, services, and as- sistance to be provided under such agreement, and (B) stipulates that the agreement shall re- main in effect regardless of the State of which the adoptive parents are residents at any given time. The agreement shall contain pro- visions for the protection (under an interstate compact approved by the Secretary or other- wise) of the interests of the child in cases where the adoptive parents and child move to another State while the agreement is effec- tive. (4)(A) 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 insur- ance with respect to a child, reasonable travel to the child’s home for visitation, and reason- able travel for the child to remain in the school in which the child is enrolled at the time of placement. 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 pro- vide the items described in the preceding sen- tence. (B) In cases where— (i) a child placed in a foster family home or child-care institution is the parent of a son or daughter who is in the same home or institution, and (ii) payments described in subparagraph (A) are being made under this part with re- spect to such child, the foster care maintenance payments made with respect to such child as otherwise deter- mined under subparagraph (A) shall also in- clude such amounts as may be necessary to cover the cost of the items described in that subparagraph with respect to such son or daughter. (5) The term ‘‘case review system’’ means a procedure for assuring that— (A) each child has a case plan designed to achieve placement in a safe setting that is the least restrictive (most family like) and most appropriate setting available and in close proximity to the parents’ home, con- sistent with the best interest and special needs of the child, which— (i) if the child has been placed in a foster family home or child-care institution a substantial distance from the home of the parents of the child, or in a State different from the State in which such home is lo- cated, sets forth the reasons why such placement is in the best interests of the child, and (ii) if the child has been placed in foster care outside the State in which the home of the parents of the child is located, re- quires that, periodically, but not less fre- quently than every 6 months, a caseworker on the staff of the State agency of the State in which the home of the parents of the child is located, of the State in which the child has been placed, or of a private agency under contract with either such State, visit such child in such home or in- stitution and submit a report on such visit to the State agency of the State in which the home of the parents of the child is lo- cated,2 (B) the status of each child is reviewed pe- riodically but no less frequently than once every six months by either a court or by ad- ministrative review (as defined in paragraph (6)) in order to determine the safety of the child, the continuing necessity for and ap- propriateness of the placement, the extent of compliance with the case plan, and the ex- tent of progress which has been made toward alleviating or mitigating the causes necessi- tating placement in foster care, and to project a likely date by which the child may be returned to and safely maintained in the home or placed for adoption or legal guard- ianship, and, for a child for whom another planned permanent living arrangement has Page 2403 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 675 been determined as the permanency plan, the steps the State agency is taking to en- sure the child’s foster family home or child care institution is following the reasonable and prudent parent standard and to ascer- tain whether the child has regular, ongoing opportunities to engage in age or develop- mentally appropriate activities (including by consulting with the child in an age-appro- priate manner about the opportunities of the child to participate in the activities); (C) with respect to each such child, (i) pro- cedural safeguards will be applied, among other things, to assure each child in foster care under the supervision of the State of a permanency hearing to be held, in a family or juvenile court or another court (including a tribal court) of competent jurisdiction, or by an administrative body appointed or ap- proved by the court, no later than 12 months after the date the child is considered to have entered foster care (as determined under subparagraph (F)) (and not less frequently than every 12 months thereafter during the continuation of foster care), which hearing shall determine the permanency plan for the child that includes whether, and if applica- ble when, the child will be returned to the parent, placed for adoption and the State will file a petition for termination of paren- tal rights, or referred for legal guardianship, or only in the case of a child who has at- tained 16 years of age (in cases where the State agency has documented to the State court a compelling reason for determining, as of the date of the hearing, that it would not be in the best interests of the child to re- turn home, be referred for termination of pa- rental rights, or be placed for adoption, with a fit and willing relative, or with a legal guardian) placed in another planned perma- nent living arrangement, subject to section 675a(a) of this title, in the case of a child who will not be returned to the parent, the hearing shall consider in-State and out-of- State placement options, and, in the case of a child described in subparagraph (A)(ii), the hearing shall determine whether the out-of- State placement continues to be appropriate and in the best interests of the child, and, in the case of a child who has attained age 14, the services needed to assist the child to make the transition from foster care to a successful adulthood; (ii) procedural safe- guards shall be applied with respect to pa- rental rights pertaining to the removal of the child from the home of his parents, to a change in the child’s placement, and to any determination affecting visitation privileges of parents; (iii) procedural safeguards shall be applied to assure that in any permanency hearing held with respect to the child, in- cluding any hearing regarding the transition of the child from foster care to a successful adulthood, the court or administrative body conducting the hearing consults, in an age- appropriate manner, with the child regard- ing the proposed permanency or transition plan for the child; and (iv) if a child has at- tained 14 years of age, the permanency plan developed for the child, and any revision or addition to the plan, shall be developed in consultation with the child and, at the op- tion of the child, with not more than 2 mem- bers of the permanency planning team who are selected by the child and who are not a foster parent of, or caseworker for, the child, except that the State may reject an indi- vidual so selected by the child if the State has good cause to believe that the individual would not act in the best interests of the child, and 1 individual so selected by the child may be designated to be the child’s ad- visor and, as necessary, advocate, with re- spect to the application of the reasonable and prudent standard to the child; (D) a child’s health and education record (as described in paragraph (1)(A)) is reviewed and updated, and a copy of the record is sup- plied to the foster parent or foster care pro- vider with whom the child is placed, at the time of each placement of the child in foster care, and is supplied to the child at no cost at the time the child leaves foster care if the child is leaving foster care by reason of hav- ing attained the age of majority under State law; (E) in the case of a child who has been in foster care under the responsibility of the State for 15 of the most recent 22 months, or, if a court of competent jurisdiction has de- termined a child to be an abandoned infant (as defined under State law) or has made a determination that the parent has com- mitted murder of another child of the par- ent, committed voluntary manslaughter of another child of the parent, aided or abetted, attempted, conspired, or solicited to commit such a murder or such a voluntary man- slaughter, or committed a felony assault that has resulted in serious bodily injury to the child or to another child of the parent, the State shall file a petition to terminate the parental rights of the child’s parents (or, if such a petition has been filed by another party, seek to be joined as a party to the pe- tition), and, concurrently, to identify, re- cruit, process, and approve a qualified fam- ily for an adoption, unless— (i) at the option of the State, the child is being cared for by a relative; (ii) a State agency has documented in the case plan (which shall be available for court review) a compelling reason for de- termining that filing such a petition would not be in the best interests of the child; or (iii) the State has not provided to the family of the child, consistent with the time period in the State case plan, such services as the State deems necessary for the safe return of the child to the child’s home, if reasonable efforts of the type de- scribed in section 671(a)(15)(B)(ii) of this title are required to be made with respect to the child; (F) a child shall be considered to have en- tered foster care on the earlier of— (i) the date of the first judicial finding that the child has been subjected to child abuse or neglect; or (ii) the date that is 60 days after the date on which the child is removed from the home; Page 2404 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 675 (G) the foster parents (if any) of a child and any preadoptive parent or relative pro- viding care for the child are provided with notice of, and a right to be heard in, any pro- ceeding to be held with respect to the child, except that this subparagraph shall not be construed to require that any foster parent, preadoptive parent, or relative providing care for the child be made a party to such a proceeding solely on the basis of such notice and right to be heard; (H) during the 90-day period immediately prior to the date on which the child will at- tain 18 years of age, or such greater age as the State may elect under paragraph (8)(B)(iii), whether during that period foster care maintenance payments are being made on the child’s behalf or the child is receiving benefits or services under section 677 of this title, a caseworker on the staff of the State agency, and, as appropriate, other represent- atives of the child provide the child with as- sistance and support in developing a transi- tion plan that is personalized at the direc- tion of the child, includes specific options on housing, health insurance, education, local opportunities for mentors and continuing support services, and work force supports and employment services, includes informa- tion about the importance of designating an- other individual to make health care treat- ment decisions on behalf of the child if the child becomes unable to participate in such decisions and the child does not have, or does not want, a relative who would other- wise be authorized under State law to make such decisions, and provides the child with the option to execute a health care power of attorney, health care proxy, or other similar document recognized under State law, and is as detailed as the child may elect; and (I) each child in foster care under the re- sponsibility of the State who has attained 14 years of age receives without cost a copy of any consumer report (as defined in section 1681a(d) of title 15) pertaining to the child each year until the child is discharged from care, receives assistance (including, when feasible, from any court-appointed advocate for the child) in interpreting and resolving any inaccuracies in the report, and, if the child is leaving foster care by reason of hav- ing attained 18 years of age or such greater age as the State has elected under paragraph (8), unless the child has been in foster care for less than 6 months, is not discharged from care without being provided with (if the child is eligible to receive such docu- ment) an official or certified copy of the United States birth certificate of the child, a social security card issued by the Commis- sioner of Social Security, health insurance information, a copy of the child’s medical records, and a driver’s license or identifica- tion card issued by a State in accordance with the requirements of section 202 of the REAL ID Act of 2005, and any official docu- mentation necessary to prove that the child was previously in foster care. (6) The term ‘‘administrative review’’ means a review open to the participation of the par- ents of the child, conducted by a panel of ap- propriate 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. (7) The term ‘‘legal guardianship’’ means a judicially created relationship between child and caretaker which is intended to be perma- nent and self-sustaining as evidenced by the transfer to the caretaker of the following pa- rental rights with respect to the child: protec- tion, education, care and control of the person, custody of the person, and decisionmaking. The term ‘‘legal guardian’’ means the care- taker in such a relationship. (8)(A) Subject to subparagraph (B), the term ‘‘child’’ means an individual who has not at- tained 18 years of age. (B) At the option of a State, the term shall include an individual— (i)(I) who is in foster care under the re- sponsibility of the State; (II) with respect to whom an adoption as- sistance agreement is in effect under section 673 of this title if the child had attained 16 years of age before the agreement became ef- fective; or (III) with respect to whom a kinship guard- ianship assistance agreement is in effect under section 673(d) of this title if the child had attained 16 years of age before the agreement became effective; (ii) who has attained 18 years of age; (iii) who has not attained 19, 20, or 21 years of age, as the State may elect; and (iv) who is— (I) completing secondary education or a program leading to an equivalent creden- tial; (II) enrolled in an institution which pro- vides post-secondary or vocational edu- cation; (III) participating in a program or activ- ity designed to promote, or remove bar- riers to, employment; (IV) employed for at least 80 hours per month; or (V) incapable of doing any of the activi- ties described in subclauses (I) through (IV) due to a medical condition, which in- capability is supported by regularly up- dated information in the case plan of the child. (9) The term ‘‘sex trafficking victim’’ means a victim of— (A) sex trafficking (as defined in section 7102(10) 1 of title 22); or (B) a severe form of trafficking in persons described in section 7102(9)(A) 1 of title 22. (10)(A) The term ‘‘reasonable and prudent parent standard’’ means the standard charac- terized by careful and sensible parental deci- sions that maintain the health, safety, and best interests of a child while at the same time encouraging the emotional and develop- mental growth of the child, that a caregiver shall use when determining whether to allow a child in foster care under the responsibility of the State to participate in extracurricular, en- richment, cultural, and social activities. Page 2405 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 675 (B) For purposes of subparagraph (A), the term ‘‘caregiver’’ means a foster parent with whom a child in foster care has been placed or a designated official for a child care institu- tion in which a child in foster care has been placed. (11)(A) The term ‘‘age or developmentally- appropriate’’ means— (i) activities or items that are generally accepted as suitable for children of the same chronological age or level of maturity or that are determined to be developmentally- appropriate for a child, based on the develop- ment of cognitive, emotional, physical, and behavioral capacities that are typical for an age or age group; and (ii) in the case of a specific child, activi- ties or items that are suitable for the child based on the developmental stages attained by the child with respect to the cognitive, emotional, physical, and behavioral capac- ities of the child. (B) In the event that any age-related activi- ties have implications relative to the aca- demic curriculum of a child, nothing in this part or part B shall be construed to authorize an officer or employee of the Federal Govern- ment to mandate, direct, or control a State or local educational agency, or the specific in- structional content, academic achievement standards and assessments, curriculum, or program of instruction of a school. (12) The term ‘‘sibling’’ means an individual who satisfies at least one of the following con- ditions with respect to a child: (A) The individual is considered by State law to be a sibling of the child. (B) The individual would have been consid- ered a sibling of the child under State law but for a termination or other disruption of parental rights, such as the death of a par- ent. (13) The term ‘‘child who is a candidate for foster care’’ means, a child who is identified in a prevention plan under section 671(e)(4)(A) of this title as being at imminent risk of enter- ing foster care (without regard to whether the child would be eligible for foster care mainte- nance payments under section 672 of this title or is or would be eligible for adoption assist- ance or kinship guardianship assistance pay- ments under section 673 of this title) but who can remain safely in the child’s home or in a kinship placement as long as services or pro- grams specified in section 671(e)(1) of this title that are necessary to prevent the entry of the child into foster care are provided. The term includes a child whose adoption or guardian- ship arrangement is at risk of a disruption or dissolution that would result in a foster care placement. (Aug. 14, 1935, ch. 531, title IV, § 475, as added and amended Pub. L. 96–272, title I, §§ 101(a)(1), 102(a)(4), June 17, 1980, 94 Stat. 510, 514; Pub. L. 99–272, title XII, §§ 12305(b)(2), 12307(b), Apr. 7, 1986, 100 Stat. 293, 296; Pub. L. 99–514, title XVII, § 1711(c)(6), Oct. 22, 1986, 100 Stat. 2784; Pub. L. 100–203, title IX, § 9133(a), Dec. 22, 1987, 101 Stat. 1330–314; Pub. L. 100–647, title VIII, § 8104(e), Nov. 10, 1988, 102 Stat. 3797; Pub. L. 101–239, title VIII, § 8007(a), (b), Dec. 19, 1989, 103 Stat. 2462; Pub. L. 103–432, title II, §§ 206(a), (b), 209(a), (b), 265(c), Oct. 31, 1994, 108 Stat. 4457, 4459, 4469; Pub. L. 105–89, title I, §§ 101(b), 102(2), 103(a), (b), 104, 107, title III, § 302, Nov. 19, 1997, 111 Stat. 2117, 2118, 2120, 2121, 2128; Pub. L. 109–239, §§ 6–8(a), 11, 12, July 3, 2006, 120 Stat. 512–514; Pub. L. 109–288, § 10, Sept. 28, 2006, 120 Stat. 1255; Pub. L. 110–351, title I, § 101(c)(4), title II, §§ 201(a), 202, 204(a), Oct. 7, 2008, 122 Stat. 3952, 3957, 3959, 3960; Pub. L. 111–148, title II, § 2955(a), Mar. 23, 2010, 124 Stat. 352; Pub. L. 112–34, title I, § 106(a), (b), Sept. 30, 2011, 125 Stat. 377; Pub. L. 113–183, title I, §§ 101(b), 111(a)(1), 112(a)(1), (b)(2)(B), 113(a)–(c), 114(a), title II, § 209(a)(2), Sept. 29, 2014, 128 Stat. 1921, 1923, 1926–1930, 1941; Pub. L. 114–95, title IX, § 9215(qqq)(1), Dec. 10, 2015, 129 Stat. 2189; Pub. L. 115–123, div. E, title VII, §§ 50711(b), 50753(e), Feb. 9, 2018, 132 Stat. 240, 266.) Editorial Notes REFERENCES IN TEXT Section 672(a) of this title, referred to in par. (1)(A), was amended generally by Pub. L. 109–171, title VII, § 7404(a), Feb. 8, 2006, 120 Stat. 151, and, as so amended, provisions relating to a voluntary placement agree- ment or judicial determination made with respect to a child, which formerly appeared in subsec. (a)(1), are contained in subsec. (a)(2)(A). Section 202 of the REAL ID Act of 2005, referred to in par. (5)(I), is section 202 of title II of div. B of Pub. L. 109–13, which is set out as a note under section 30301 of Title 49, Transportation. Section 7102(9)(A) and (10) of title 22, referred to in par. (9), was redesignated section 7102(11)(A) and (12), respectively, of title 22 by Pub. L. 115–427, § 2(1), Jan. 9, 2019, 132 Stat. 5503. AMENDMENTS 2018—Par. (5)(I). Pub. L. 115–123, § 50753(e), inserted ‘‘, and any official documentation necessary to prove that the child was previously in foster care’’ after ‘‘REAL ID Act of 2005’’. Par. (13). Pub. L. 115–123, § 50711(b), added par. (13). 2015—Par. (1)(G)(ii)(I). Pub. L. 114–95 made technical amendment to reference in original act which appears in text as reference to section 7801 of title 20. 2014—Par. (1). Pub. L. 113–183, § 112(b)(2)(B)(i), in intro- ductory provisions, inserted ‘‘meets the requirements of section 675a of this title and’’ after ‘‘written docu- ment which’’. Par. (1)(B). Pub. L. 113–183, § 113(a), inserted at end ‘‘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 child. One individual selected by a child to be a mem- ber of the child’s case planning team may be designated to be the child’s advisor and, as necessary, advocate, with respect to the application of the reasonable and prudent parent standard to the child.’’ Par. (1)(D). Pub. L. 113–183, § 113(c), substituted ‘‘a successful adulthood’’ for ‘‘independent living’’. Pub. L. 113–183, § 113(b)(1), substituted ‘‘For a child who has attained 14 years of age’’ for ‘‘Where appro- priate, for a child age 16’’. Par. (5)(B). Pub. L. 113–183, § 112(b)(2)(B)(ii)(I), in- serted at end ‘‘and, for a child for whom another planned permanent living arrangement has been deter- Page 2406 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 675 mined as the permanency plan, the steps the State agency is taking to ensure the child’s foster family home or child care institution is following the reason- able and prudent parent standard and to ascertain whether the child has regular, ongoing opportunities to engage in age or developmentally appropriate activities (including by consulting with the child in an age-appro- priate manner about the opportunities of the child to participate in the activities);’’. Par. (5)(C)(i). Pub. L. 113–183, § 113(c), substituted ‘‘a successful adulthood’’ for ‘‘independent living’’. Pub. L. 113–183, § 113(b)(2)(A)(i), substituted ‘‘14’’ for ‘‘16’’. Pub. L. 113–183, § 112(b)(2)(B)(ii)(II), inserted ‘‘, as of the date of the hearing,’’ after ‘‘compelling reason for determining’’ and ‘‘subject to section 675a(a) of this title,’’ after ‘‘another planned permanent living ar- rangement,’’. Pub. L. 113–183, § 112(a)(1), inserted ‘‘only in the case of a child who has attained 16 years of age’’ before ‘‘(in cases where’’. Par. (5)(C)(iii). Pub. L. 113–183, § 113(c), substituted ‘‘a successful adulthood’’ for ‘‘independent living’’. Par. (5)(C)(iv). Pub. L. 113–183, § 113(b)(2)(A)(ii), (iii), added cl. (iv). Par. (5)(I). Pub. L. 113–183, § 114(a), substituted ‘‘re- ceives assistance’’ for ‘‘and receives assistance’’ and in- serted before period at end ‘‘, and, if the child is leav- ing foster care by reason of having attained 18 years of age or such greater age as the State has elected under paragraph (8), unless the child has been in foster care for less than 6 months, is not discharged from care without being provided with (if the child is eligible to receive such document) an official or certified copy of the United States birth certificate of the child, a social security card issued by the Commissioner of Social Se- curity, health insurance information, a copy of the child’s medical records, and a driver’s license or identi- fication card issued by a State in accordance with the requirements of section 202 of the REAL ID Act of 2005’’. Pub. L. 113–183, § 113(b)(2)(B), substituted ‘‘14’’ for ‘‘16’’. Par. (9). Pub. L. 113–183, § 101(b), added par. (9). Pars. (10), (11). Pub. L. 113–183, § 111(a)(1), added pars. (10) and (11). Par. (12). Pub. L. 113–183, § 209(a)(2), added par. (12). 2011—Par. (1)(G)(i). Pub. L. 112–34, § 106(a)(1), sub- stituted ‘‘each placement’’ for ‘‘the placement’’. Par. (1)(G)(ii)(I). Pub. L. 112–34, § 106(a)(2), inserted ‘‘each’’ before ‘‘placement’’. Par. (5)(I). Pub. L. 112–34, § 106(b), added subpar. (I). 2010—Par. (5)(H). Pub. L. 111–148 inserted ‘‘includes information about the importance of designating an- other individual to make health care treatment deci- sions on behalf of the child if the child becomes unable to participate in such decisions and the child does not have, or does not want, a relative who would otherwise be authorized under State law to make such decisions, and provides the child with the option to execute a health care power of attorney, health care proxy, or other similar document recognized under State law,’’ after ‘‘employment services,’’. 2008—Par. (1)(C)(iv) to (viii). Pub. L. 110–351, § 204(a)(1)(A), redesignated cls. (v) to (viii) as (iv) to (vii), respectively, and struck out former cl. (iv) which read as follows: ‘‘assurances that the child’s placement in foster care takes into account proximity to the school in which the child is enrolled at the time of placement;’’. Par. (1)(F). Pub. L. 110–351, § 101(c)(4), added subpar. (F). Par. (1)(G). Pub. L. 110–351, § 204(a)(1)(B), added sub- par. (G). Par. (4)(A). Pub. L. 110–351, § 204(a)(2), in first sen- tence, substituted ‘‘reasonable’’ for ‘‘and reasonable’’ and inserted ‘‘, and reasonable travel for the child to remain in the school in which the child is enrolled at the time of placement’’ before period at end. Par. (5)(H). Pub. L. 110–351, § 202, added subpar. (H). Par. (8). Pub. L. 110–351, § 201(a), added par. (8). 2006—Par. (1)(C). Pub. L. 109–239, § 7(1), in introduc- tory provisions, substituted ‘‘The health’’ for ‘‘To the extent available and accessible, the health’’ and in- serted ‘‘the most recent information available regard- ing’’ after ‘‘including’’. Par. (1)(E). Pub. L. 109–239, § 11, which directed amendment of subpar. (E) by inserting ‘‘to facilitate or- derly and timely in-State and interstate placements’’ before the period, was executed by making the inser- tion before period at end of last sentence to reflect the probable intent of Congress. Par. (5)(A)(ii). Pub. L. 109–239, § 6, substituted ‘‘6 months’’ for ‘‘12 months’’ and ‘‘of the State in which the child has been placed, or of a private agency under contract with either such State’’ for ‘‘or of the State in which the child has been placed’’. Par. (5)(C). Pub. L. 109–288 inserted ‘‘(i)’’ after ‘‘with respect to each such child,’’, substituted ‘‘(ii) proce- dural safeguards shall’’ for ‘‘and procedural safeguards shall also’’, and added cl. (iii) at end. Pub. L. 109–239, § 12, inserted ‘‘, in the case of a child who will not be returned to the parent, the hearing shall consider in-State and out-of-State placement op- tions,’’ after ‘‘living arrangement’’ and ‘‘the hearing shall determine’’ after ‘‘described in subparagraph (A)(ii),’’. Par. (5)(D). Pub. L. 109–239, § 7(2), inserted ‘‘a copy of the record is’’ before ‘‘supplied to the foster parent’’ and ‘‘, and is supplied to the child at no cost at the time the child leaves foster care if the child is leaving foster care by reason of having attained the age of ma- jority under State law’’ before semicolon at end. Par. (5)(G). Pub. L. 109–239, § 8(a), substituted ‘‘a right’’ for ‘‘an opportunity’’, ‘‘proceeding’’ for ‘‘review or hearing’’ in two places, and ‘‘and right’’ for ‘‘and op- portunity’’. 1997—Par. (1). Pub. L. 105–89, § 107(1)(A), (B), struck out ‘‘the case plan must also include’’ before ‘‘a written description’’ in concluding provisions and redesignated those provisions as subpar. (D) of par. (1). Par. (1)(A). Pub. L. 105–89, § 102(2)(A)(i), inserted ‘‘safety and’’ before ‘‘appropriateness of the place- ment’’. Par. (1)(B). Pub. L. 105–89, § 102(2)(A)(ii), inserted ‘‘safe and’’ after ‘‘child receives’’ and ‘‘safe’’ after ‘‘return of the child to his own’’. Par. (1)(D). Pub. L. 105–89, § 107(1)(B), redesignated concluding provisions of par. (1) as subpar. (D) of par. (1) and realigned margins. Par. (1)(E). Pub. L. 105–89, § 107(2), added subpar. (E). Par. (5)(A). Pub. L. 105–89, § 102(2)(B)(i), inserted ‘‘a safe setting that is’’ after ‘‘placement in’’ in introduc- tory provisions. Par. (5)(B). Pub. L. 105–89, § 102(2)(B)(ii), inserted ‘‘the safety of the child,’’ after ‘‘determine’’ and ‘‘and safely maintained in’’ before ‘‘the home or placed for adop- tion’’. Par. (5)(C). Pub. L. 105–89, § 302, substituted ‘‘perma- nency hearing’’ for ‘‘dispositional hearing’’ and ‘‘no later than 12 months after the date the child is consid- ered to have entered foster care (as determined under subparagraph (F))’’ for ‘‘no later than eighteen months after the original placement’’, and which directed the substitution of ‘‘permanency plan for the child that in- cludes whether, and if applicable when, the child will be returned to the parent, placed for adoption and the State will file a petition for termination of parental rights, or referred for legal guardianship, or (in cases where the State agency has documented to the State court a compelling reason for determining that it would not be in the best interests of the child to return home, be referred for termination of parental rights, or be placed for adoption, with a fit and willing relative, or with a legal guardian) placed in another planned per- manent living arrangement’’ for ‘‘future status of the child (including, but not limited to, whether the child should be returned to the parent, should be continued in foster care for a specified period, should be placed for adoption, or should (because of the child’s special needs Page 2407 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 675 or circumstances) be continued in foster care on a per- manent or long term basis)’’, was executed by making the substitution for text which contained the words ‘‘long-term’’ rather than ‘‘long term’’ to reflect the probable intent of Congress. Par. (5)(E). Pub. L. 105–89, § 103(a), added subpar. (E). Par. (5)(F). Pub. L. 105–89, § 103(b), added subpar. (F). Par. (5)(G). Pub. L. 105–89, § 104, added subpar. (G). Par. (7). Pub. L. 105–89, § 101(b), added par. (7). 1994—Par. (5)(A). Pub. L. 103–432, § 209(a), inserted ‘‘which—’’ after ‘‘needs of the child,’’ and added cls. (i) and (ii). Pub. L. 103–432, § 206(a), inserted ‘‘and most appro- priate’’ after ‘‘(most family like)’’. Par. (5)(C). Pub. L. 103–432, § 209(b), inserted ‘‘and, in the case of a child described in subparagraph (A)(ii), whether the out-of-State placement continues to be ap- propriate and in the best interests of the child,’’ after ‘‘permanent or long-term basis)’’. Pub. L. 103–432, § 206(b), substituted ‘‘(and not less fre- quently than every 12 months’’ for ‘‘(and periodically’’. Par. (5)(D). Pub. L. 103–432, § 265(c), realigned margins. 1989—Par. (1). Pub. L. 101–239, § 8007(a), inserted ‘‘(A)’’ before ‘‘A description’’, substituted ‘‘section 672(a)(1) of this title. (B) A plan’’ for ‘‘section 672(a)(1) of this title; and a plan’’, realigned margins of subpars. (A) and (B), added subpar. (C), and set the last sentence flush with the left margin of par. (1). Par. (5)(D). Pub. L. 101–239, § 8007(b), added subpar. (D). 1988—Par. (5)(C). Pub. L. 100–647 inserted ‘‘and, in the case of a child who has attained age 16, the services needed to assist the child to make the transition from foster care to independent living’’ after ‘‘long-term basis)’’. 1987—Par. (4). Pub. L. 100–203 designated existing pro- visions as subpar. (A) and added subpar. (B). 1986—Par. (1). Pub. L. 99–272, § 12307(b), inserted at end ‘‘Where appropriate, for a child age 16 or over, the case plan must also include a written description of the pro- grams and services which will help such child prepare for the transition from foster care to independent liv- ing.’’ Par. (3). Pub. L. 99–514 added cl. (A) and struck out former cl. (A) which read as follows: ‘‘specifies the amounts of any adoption assistance payments and any other services and assistance which are to be provided as part of such agreement, and’’. Pub. L. 99–272, § 12305(b)(2), substituted in cl. (A) ‘‘any adoption assistance payments and any other services and assistance’’ for ‘‘the adoption assistance payments and any additional services and assistance’’. 1980—Par. (1). Pub. L. 96–272, § 102(a)(4), inserted ref- erence to voluntary placement agreements. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by section 50711(b) of Pub. L. 115–123 ef- fective Oct. 1, 2018, subject to transition rules for re- quired State legislation or tribal action, see section 50734 of Pub. L. 115–123, set out as a note under section 622 of this title. EFFECTIVE DATE OF 2015 AMENDMENT Amendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive pro- grams and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of Title 20, Education. EFFECTIVE DATE OF 2014 AMENDMENT Amendment by section 111(a)(1) of Pub. L. 113–183 ef- fective on the date that is 1 year after Sept. 29, 2014, with delay permitted if State legislation is required, see section 111(d) of Pub. L. 113–183, set out as a note under section 671 of this title. Amendment by section 112(a)(1) of Pub. L. 113–183 ef- fective on the date that is 1 year after Sept. 29, 2014, with delay permitted if State legislation is required, and in the case of children in foster care under the re- sponsibility of an Indian tribe, tribal organization, or tribal consortium (either directly or under supervision of a State), not applicable until the date that is 3 years after Sept. 29, 2014, see section 112(a)(3), (c) of Pub. L. 113–183, set out as notes under section 622 of this title. Amendment by section 112(b)(2)(B) of Pub. L. 113–183 effective on the date that is 1 year after Sept. 29, 2014, with delay permitted if State legislation is required, see section 112(c) of Pub. L. 113–183, set out as a note under section 622 of this title. Pub. L. 113–183, title I, § 113(f), Sept. 29, 2014, 128 Stat. 1929, provided that: ‘‘(1) IN GENERAL.—The amendments made by this sec- tion [amending this section and section 675a of this title] shall take effect on the date that is 1 year after the date of the enactment of this Act [Sept. 29, 2014]. ‘‘(2) DELAY PERMITTED IF STATE LEGISLATION RE- QUIRED.—If the Secretary of Health and Human Serv- ices determines that State legislation (other than leg- islation appropriating funds) is required in order for a State plan developed pursuant to part E of title IV of the Social Security Act [42 U.S.C. 670 et seq.] to meet the additional requirements imposed by the amend- ments made by this section, the plan shall not be re- garded as failing to meet any of the additional require- ments before the 1st day of the 1st calendar quarter be- ginning after the 1st regular session of the State legis- lature that begins after the date of the enactment of this Act [Sept. 29, 2014]. If the State has a 2-year legis- lative session, each year of the session is deemed to be a separate regular session of the State legislature.’’ Pub. L. 113–183, title I, § 114(b), Sept. 29, 2014, 128 Stat. 1930, provided that: ‘‘(1) IN GENERAL.—The amendments made by this sec- tion [amending this section] shall take effect 1 year after the date of enactment of this Act [Sept. 29, 2014]. ‘‘(2) DELAY PERMITTED IF STATE LEGISLATION RE- QUIRED.—If the Secretary of Health and Human Serv- ices determines that State legislation (other than leg- islation appropriating funds) is required in order for a State plan developed pursuant to part E of title IV of the Social Security Act [42 U.S.C. 670 et seq.] to meet the additional requirements imposed by the amend- ments made by this section, the plan shall not be re- garded as failing to meet any of the additional require- ments before the 1st day of the 1st calendar quarter be- ginning after the 1st regular session of the State legis- lature that begins after the date of the enactment of this Act [Sept. 29, 2014]. If the State has a 2-year legis- lative session, each year of the session is deemed to be a separate regular session of the State legislature.’’ Amendment by section 209(a)(2) of Pub. L. 113–183 ef- fective Sept. 29, 2014, with delay permitted if State leg- islation is required, see section 210(e) 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 2010 AMENDMENT Amendment by Pub. L. 111–148 effective Oct. 1, 2010, see section 2955(d) of Pub. L. 111–148, set out as a note under section 622 of this title. EFFECTIVE DATE OF 2008 AMENDMENT Amendment by section 201(a) 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- Page 2408 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 675 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. 109–288 effective Oct. 1, 2006, 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 12(a), (b) of Pub. L. 109–288, set out as a note under section 621 of this title. Amendment by Pub. L. 109–239 effective Oct. 1, 2006, 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 14 of Pub. L. 109–239, set out as a note under section 622 of this title. EFFECTIVE DATE OF 1997 AMENDMENT Amendment by Pub. L. 105–89 effective Nov. 19, 1997, except as otherwise provided, with delay permitted if State legislation is required, see section 501 of Pub. L. 105–89, set out as a note under section 622 of this title. EFFECTIVE DATE OF 1994 AMENDMENT Pub. L. 103–432, title II, § 206(c), Oct. 31, 1994, 108 Stat. 4457, provided that: ‘‘The amendments made by this section [amending this section] shall take effect on Oc- tober 1, 1995.’’ Pub. L. 103–432, title II, § 209(d), Oct. 31, 1994, 108 Stat. 4459, provided that: ‘‘The amendments made by this section [amending this section and section 679 of this title] shall be effective with respect to fiscal years be- ginning on or after October 1, 1995.’’ Amendment by section 265(c) of Pub. L. 103–432 effec- tive as if included in the provision of Pub. L. 101–239 to which the amendment relates, at the time the provi- sion became law, see section 265(d) of Pub. L. 103–432, set out as a note under section 673 of this title. EFFECTIVE DATE OF 1989 AMENDMENT Pub. L. 101–239, title VIII, § 8007(c), Dec. 19, 1989, 103 Stat. 2462, provided that: ‘‘The amendments made by subsections (a) and (b) [amending this section] shall take effect on April 1, 1990.’’ EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100–647 effective Oct. 1, 1988, see section 8104(g)(1) of Pub. L. 100–647, set out as a note under section 677 of this title. EFFECTIVE DATE OF 1987 AMENDMENT Amendment by Pub. L. 100–203 effective Apr. 1, 1988, see section 9133(c) of Pub. L. 100–203, set out as a note under section 672 of this title. EFFECTIVE DATE OF 1986 AMENDMENTS Amendment by Pub. L. 99–514 applicable only with 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. Amendment by section 12305(b)(2) of Pub. L. 99–272 ap- plicable to medical assistance furnished in or after the first calendar quarter beginning more than 90 days after Apr. 7, 1986, see section 12305(c) of Pub. L. 99–272, set out as a note under section 673 of this title. EFFECTIVE DATE OF 1980 AMENDMENT Pub. L. 96–272, title I, § 101(a)(4)(A), June 17, 1980, 94 Stat. 512, provided that: ‘‘Clause (B) of the first sen- tence of section 475(3) of the Social Security Act [42 U.S.C. 675(3)(B)] (as added by subsection (a) of this sec- tion) shall be effective with respect to adoption assist- ance agreements entered into on or after October 1, 1983.’’ Amendment by section 102(a)(4) 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, as amended, set out as a note under section 672 of this title. CONSTRUCTION For construction of amendment by section 209(a)(2) of Pub. L. 113–183, see section 209(b) of Pub. L. 113–183, set out as a note under section 671 of this title. Pub. L. 105–89, title I, § 103(d), Nov. 19, 1997, 111 Stat. 2119, provided that: ‘‘Nothing in this section [amending this section and enacting provisions set out as a note below] or in part E of title IV of the Social Security Act (42 U.S.C. 670 et seq.), as amended by this Act, shall be construed as precluding State courts or State agen- cies from initiating the termination of parental rights for reasons other than, or for timelines earlier than, those specified in part E of title IV of such Act, when such actions are determined to be in the best interests of the child, including cases where the child has experi- enced multiple foster care placements of varying dura- tions.’’ TRANSITION RULES; NEW AND CURRENT FOSTER CHILDREN Pub. L. 105–89, title I, § 103(c), Nov. 19, 1997, 111 Stat. 2119, provided that: ‘‘(1) NEW FOSTER CHILDREN.—In the case of a child who enters foster care (within the meaning of section 475(5)(F) of the Social Security Act [42 U.S.C. 675(5)(F)]) under the responsibility of a State after the date of the enactment of this Act [Nov. 19, 1997]— ‘‘(A) if the State comes into compliance with the amendments made by subsection (a) of this section [amending this section] before the child has been in such foster care for 15 of the most recent 22 months, the State shall comply with section 475(5)(E) of the Social Security Act [42 U.S.C. 675(5)(E)] with respect to the child when the child has been in such foster care for 15 of the most recent 22 months; and ‘‘(B) if the State comes into such compliance after the child has been in such foster care for 15 of the most recent 22 months, the State shall comply with such section 475(5)(E) with respect to the child not later than 3 months after the end of the first regular session of the State legislature that begins after such date of enactment. ‘‘(2) CURRENT FOSTER CHILDREN.—In the case of chil- dren in foster care under the responsibility of the State on the date of the enactment of this Act, the State shall— ‘‘(A) not later than 6 months after the end of the first regular session of the State legislature that be- gins after such date of enactment, comply with sec- tion 475(5)(E) of the Social Security Act with respect to not less than 1⁄3 of such children as the State shall select, giving priority to children for whom the per- manency plan (within the meaning of part E of title IV of the Social Security Act [42 U.S.C. 670 et seq.]) is adoption and children who have been in foster care for the greatest length of time; ‘‘(B) not later than 12 months after the end of such first regular session, comply with such section 475(5)(E) with respect to not less than 2⁄3 of such chil- dren as the State shall select; and ‘‘(C) not later than 18 months after the end of such first regular session, comply with such section 475(5)(E) with respect to all of such children. ‘‘(3) TREATMENT OF 2-YEAR LEGISLATIVE SESSIONS.— For purposes of this subsection, in the case of a State that has a 2-year legislative session, each year of the session is deemed to be a separate regular session of the State legislature. ‘‘(4) REQUIREMENTS TREATED AS STATE PLAN REQUIRE- MENTS.—For purposes of part E of title IV of the Social Page 2409 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 675a Security Act, the requirements of this subsection shall be treated as State plan requirements imposed by sec- tion 471(a) of such Act [42 U.S.C. 671(a)].’’ § 675a. Additional case plan and case review sys- tem requirements (a) Requirements for another planned perma- nent living arrangement In the case of any child for whom another planned permanent living arrangement is the permanency plan determined for the child under section 675(5)(C) of this title, the following re- quirements shall apply for purposes of approving the case plan for the child and the case system review procedure for the child: (1) Documentation of intensive, ongoing, un- successful efforts for family placement At each permanency hearing held with re- spect to the child, the State agency docu- ments the intensive, ongoing, and, as of the date of the hearing, unsuccessful efforts made by the State agency to return the child home or secure a placement for the child with a fit and willing relative (including adult siblings), a legal guardian, or an adoptive parent, in- cluding through efforts that utilize search technology (including social media) to find bi- ological family members for the children. (2) Redetermination of appropriateness of placement at each permanency hearing The State agency shall implement proce- dures to ensure that, at each permanency hearing held with respect to the child, the court or administrative body appointed or ap- proved by the court conducting the hearing on the permanency plan for the child does the fol- lowing: (A) Ask the child about the desired perma- nency outcome for the child. (B) Make a judicial determination explain- ing why, as of the date of the hearing, an- other planned permanent living arrange- ment is the best permanency plan for the child and provide compelling reasons why it continues to not be in the best interests of the child to— (i) return home; (ii) be placed for adoption; (iii) be placed with a legal guardian; or (iv) be placed with a fit and willing rel- ative. (3) Demonstration of support for engaging in age or developmentally-appropriate activi- ties and social events At each permanency hearing held with re- spect to the child, the State agency shall doc- ument the steps the State agency is taking to ensure that— (A) the child’s foster family home or child care institution is following the reasonable and prudent parent standard; and (B) the child has regular, ongoing opportu- nities to engage in age or developmentally appropriate activities (including by con- sulting with the child in an age-appropriate manner about the opportunities of the child to participate in the activities). (b) List of rights The case plan for any child in foster care under the responsibility of the State who has at- tained 14 years of age shall include— (1) a document that describes the rights of the child with respect to education, health, visitation, and court participation, the right to be provided with the documents specified in section 675(5)(I) of this title in accordance with that section, and the right to stay safe and avoid exploitation; and (2) a signed acknowledgment by the child that the child has been provided with a copy of the document and that the rights contained in the document have been explained to the child in an age-appropriate way. (c) Assessment, documentation, and judicial de- termination requirements for placement in a qualified residential treatment program In the case of any child who is placed in a qualified residential treatment program (as de- fined in section 672(k)(4) of this title), the fol- lowing requirements shall apply for purposes of approving the case plan for the child and the case system review procedure for the child: (1)(A) Within 30 days of the start of each placement in such a setting, a qualified indi- vidual (as defined in subparagraph (D)) shall— (i) assess the strengths and needs of the child using an age-appropriate, evidence- based, validated, functional assessment tool approved by the Secretary; (ii) determine whether the needs of the child can be met with family members or through placement in a foster family home or, if not, which setting from among the set- tings specified in section 672(k)(2) of this title would provide the most effective and appropriate level of care for the child in the least restrictive environment and be con- sistent with the short- and long-term goals for the child, as specified in the permanency plan for the child; and (iii) develop a list of child-specific short- and long-term mental and behavioral health goals. (B)(i) The State shall assemble a family and permanency team for the child in accordance with the requirements of clauses (ii) and (iii). The qualified individual conducting the assess- ment required under subparagraph (A) shall work in conjunction with the family of, and permanency team for, the child while con- ducting and making the assessment. (ii) The family and permanency team shall consist of all appropriate biological family members, relative, and fictive kin of the child, as well as, as appropriate, professionals who are a resource to the family of the child, such as teachers, medical or mental health pro- viders who have treated the child, or clergy. In the case of a child who has attained age 14, the family and permanency team shall include the members of the permanency planning team for the child that are selected by the child in ac- cordance with section 675(5)(C)(iv) of this title. (iii) The State shall document in the child’s case plan— (I) the reasonable and good faith effort of the State to identify and include all the in-