42 U.S.C. § 629b — State plans

Page 2236 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 629b EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107–133 effective Jan. 17, 2002, with delay permitted if State legislation is required, see section 301 of Pub. L. 107–133, set out as a note under section 629 of this title. EFFECTIVE DATE OF 1999 AMENDMENT Amendment by Pub. L. 106–169 effective as if included in the enactment of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Pub. L. 104–193, see section 401(q) of Pub. L. 106–169, set out as a note under section 602 of this title. EFFECTIVE DATE OF 1997 AMENDMENT Amendment by section 305(b)(2), (c)(2) of Pub. L. 105–89 effective Nov. 19, 1997, except as otherwise pro- vided, with delay permitted if State legislation is re- quired, see section 501 of Pub. L. 105–89, set out as a note under section 622 of this title. Pub. L. 105–89, title III, § 305(d)(2), Nov. 19, 1997, 111 Stat. 2132, provided that: ‘‘The amendment made by paragraph (1) [amending this section] takes effect as if included in the enactment of section 13711 of the Omni- bus Budget Reconciliation Act of 1993 (Public Law 103–33 [103–66]; 107 Stat. 649).’’ § 629b. State plans (a) Plan requirements A State plan meets the requirements of this subsection if the plan— (1) provides that the State agency shall ad- minister, or supervise the administration of, the State program under this subpart; (2)(A)(i) sets forth the goals intended to be accomplished under the plan by the end of the 5th fiscal year in which the plan is in oper- ation in the State, and (ii) is updated periodi- cally to set forth the goals intended to be ac- complished under the plan by the end of each 5th fiscal year thereafter; (B) describes the methods to be used in measuring progress toward accomplishment of the goals; (C) contains assurances that the State— (i) after the end of each of the 1st 4 fiscal years covered by a set of goals, will perform an interim review of progress toward accom- plishment of the goals, and on the basis of the interim review will revise the statement of goals in the plan, if necessary, to reflect changed circumstances; and (ii) after the end of the last fiscal year cov- ered by a set of goals, will perform a final re- view of progress toward accomplishment of the goals, and on the basis of the final re- view (I) will prepare, transmit to the Sec- retary, and make available to the public a final report on progress toward accomplish- ment of the goals, and (II) will develop (in consultation with the entities required to be consulted pursuant to subsection (b)) and add to the plan a statement of the goals in- tended to be accomplished by the end of the 5th succeeding fiscal year; (3) provides for coordination, to the extent feasible and appropriate, of the provision of services under the plan and the provision of services or benefits under other Federal or fed- erally assisted programs serving the same pop- ulations; (4) contains assurances that not more than 10 percent of expenditures under the plan for any fiscal year with respect to which the State is eligible for payment under section 629d of this title for the fiscal year shall be for admin- istrative costs, and that the remaining ex- penditures shall be for programs of family preservation services, community-based fam- ily support services, family reunification serv- ices, and adoption promotion and support services, with significant portions of such ex- penditures for each such program; (5) contains assurances that the State will— (A) annually prepare, furnish to the Sec- retary, and make available to the public a description (including separate descriptions with respect to family preservation services, community-based family support services, family reunification services, and adoption promotion and support services) of— (i) the service programs to be made available under the plan in the imme- diately succeeding fiscal year; (ii) the populations which the programs will serve; and (iii) the geographic areas in the State in which the services will be available; and (B) perform the activities described in sub- paragraph (A)— (i) in the case of the 1st fiscal year under the plan, at the time the State submits its initial plan; and (ii) in the case of each succeeding fiscal year, by the end of the 3rd quarter of the immediately preceding fiscal year; (6) provides for such methods of administra- tion as the Secretary finds to be necessary for the proper and efficient operation of the plan; (7)(A) contains assurances that Federal funds provided to the State under this subpart will not be used to supplant Federal or non- Federal funds for existing services and activi- ties which promote the purposes of this sub- part; and (B) provides that the State will furnish re- ports to the Secretary, at such times, in such format, and containing such information as the Secretary may require, that demonstrate the State’s compliance with the prohibition contained in subparagraph (A); (8)(A) provides that the State agency will furnish such reports, containing such informa- tion, and participate in such evaluations, as the Secretary may require; and (B) provides that, not later than June 30 of each year, the State will submit to the Sec- retary— (i) copies of form CFS–101 (including all parts and any successor forms) that report on planned child and family services expend- itures by the agency for the immediately succeeding fiscal year; and (ii) copies of form CFS–101 (including all parts and any successor forms) that provide, with respect to the programs authorized under this subpart and subpart 1 and, at State option, other programs included on such forms, for the most recent preceding fiscal year for which reporting of actual ex- penditures is complete— (I) the numbers of families and of chil- dren served by the State agency; Page 2237 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 629b (II) the population served by the State agency; (III) the geographic areas served by the State agency; and (IV) the actual expenditures of funds provided to the State agency; (9) contains assurances that in admin- istering and conducting service programs under the plan, the safety of the children to be served shall be of paramount concern; and (10) describes how the State identifies which populations are at the greatest risk of mal- treatment and how services are targeted to the populations. (b) Approval of plans (1) In general The Secretary shall approve a plan that meets the requirements of subsection (a) only if the plan was developed jointly by the Sec- retary and the State, after consultation by the State agency with appropriate public and non- profit private agencies and community-based organizations with experience in admin- istering programs of services for children and families (including family preservation, fam- ily support, family reunification, and adoption promotion and support services). (2) Plans of Indian tribes or tribal consortia (A) Exemption from inappropriate require- ments The Secretary may exempt a plan sub- mitted by an Indian tribe or tribal consor- tium from the requirements of subsection (a)(4) of this section to the extent that the Secretary determines those requirements would be inappropriate to apply to the In- dian tribe or tribal consortium, taking into account the resources, needs, and other cir- cumstances of the Indian tribe or tribal con- sortium. (B) Special rule Notwithstanding subparagraph (A) of this paragraph, the Secretary may not approve a plan of an Indian tribe or tribal consortium under this subpart to which (but for this subparagraph) an allotment of less than $10,000 would be made under section 629c(a) of this title if allotments were made under section 629c(a) of this title to all Indian tribes and tribal consortia with plans ap- proved under this subpart with the same or larger numbers of children. (c) Annual submission of State reports to Con- gress (1) In general The Secretary shall compile the reports re- quired under subsection (a)(8)(B) and, not later than September 30 of each year, submit such compilation to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate. (2) Information to be included The compilation shall include the individual State reports and tables that synthesize State information into national totals for each ele- ment required to be included in the reports, including planned and actual spending by serv- ice category for the program authorized under this subpart and planned spending by service category for the program authorized under subpart 1. (3) Public accessibility Not later than September 30 of each year, the Secretary shall publish the compilation on the website of the Department of Health and Human Services in a location easily accessible by the public. (Aug. 14, 1935, ch. 531, title IV, § 432, as added Pub. L. 103–66, title XIII, § 13711(a)(2), Aug. 10, 1993, 107 Stat. 651; amended Pub. L. 105–89, title III, § 305(b)(1), (c)(1), Nov. 19, 1997, 111 Stat. 2130, 2131; Pub. L. 105–200, title IV, § 410(c), July 16, 1998, 112 Stat. 673; Pub. L. 109–288, §§ 3(e)(1), (2), 5(b)(3)(A), (c), Sept. 28, 2006, 120 Stat. 1235, 1243, 1244; Pub. L. 112–34, title I, § 102(b), (e), (g)(1), Sept. 30, 2011, 125 Stat. 371, 372; Pub. L. 115–123, div. E, title VII, § 50721(b)(2), Feb. 9, 2018, 132 Stat. 245; Pub. L. 118–258, title I, §§ 107(b)(1), 109(b), 111(b), Jan. 4, 2025, 138 Stat. 2955, 2958, 2961.) AMENDMENT OF SECTION Pub. L. 118–258, title I, §§ 107(b)(1), 109(b), 111(b), 117, Jan. 4, 2025, 138 Stat. 2955, 2958, 2961, 2969, provided that, effective Oct. 1, 2025, and applicable to payments under this part for calendar quarters beginning on or after such date, with delay permitted if either State legis- lation or tribal action is required to meet addi- tional requirements, this section is amended as follows: (1) in subsection (a), by striking ‘‘and’’ after the semicolon in paragraph (9), by striking the period and inserting ‘‘; and’’ in paragraph (10), and by adding at the end the following: ‘‘(11) provides a description of policies in place, including training for employees, to address child welfare reports and investigations of neglect con- cerning the living arrangements or subsistence needs of a child with the goal to prevent the sepa- ration of a child from a parent of the child solely due to poverty, to ensure access to services de- scribed in section 629a(a)(1)(H) of this title.’’; and (2) in subsection (b)— (A) by amending paragraph (1) to read as fol- lows: ‘‘(1) In general ‘‘The Secretary shall approve a plan that meets the requirements of subsection (a) only if— ‘‘(A) the plan was developed jointly by the Secretary and the State, and the State, in devel- oping the plan, consulted with— ‘‘(i) appropriate public and nonprofit pri- vate agencies; ‘‘(ii) community-based organizations in- volved in providing services for children and families in the areas of family preservation, family support, family reunification, foster care, kinship, and adoption promotion and support; ‘‘(iii) parents with child welfare experience, foster parents, adoptive parents, and kinship caregivers; and ‘‘(iv) children, youth, and young adults with experience in the child welfare system, Page 2238 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 629b including State boards and councils comprised of youth with lived experience who represent the diversity of children in the State to whom the plan would apply; and ‘‘(B) the State has made publicly accessible on a website of the State agency a report that out- lines how the State has implemented the sugges- tions of the children and youth referred to in subparagraph (A)(iv).’’; and (B) in paragraph (2)(B), by striking ‘‘section 629c(a) of this title’’ the 1st place it appears and inserting ‘‘sections 629c(a) and 629g(c)(1) of this title combined’’ and by striking ‘‘section 629c(a) of this title’’ the 2nd place it appears and in- serting ‘‘such sections’’. See 2025 Amendment notes below. Editorial Notes PRIOR PROVISIONS A prior section 432 of act Aug. 14, 1935, was classified to section 632 of this title prior to repeal by Pub. L. 100–485. AMENDMENTS 2025—Subsec. (a)(11). Pub. L. 118–258, § 111(b), added par. (11). Subsec. (b)(1). Pub. L. 118–258, § 109(b), amended par. (1) generally. Prior to amendment, text read as follows: ‘‘The Secretary shall approve a plan that meets the re- quirements of subsection (a) only if the plan was devel- oped jointly by the Secretary and the State, after con- sultation by the State agency with appropriate public and nonprofit private agencies and community-based organizations with experience in administering pro- grams of services for children and families (including family preservation, family support, family reunifica- tion, and adoption promotion and support services).’’ Subsec. (b)(2)(B). Pub. L. 118–258, § 107(b)(1), sub- stituted ‘‘would be made under sections 629c(a) and 629g(c)(1) of this title combined’’ for ‘‘would be made under section 629c(a) of this title’’ and ‘‘if allotments were made under such sections’’ for ‘‘if allotments were made under section 629c(a) of this title’’. 2018—Subsec. (a)(4). Pub. L. 115–123, § 50721(b)(2), struck out ‘‘time-limited’’ before ‘‘family reunification services’’. Subsec. (a)(5)(A). Pub. L. 115–123, § 50721(b)(2), struck out ‘‘time-limited’’ before ‘‘family reunification serv- ices’’ in introductory provisions. Subsec. (b)(1). Pub. L. 115–123, § 50721(b)(2), struck out ‘‘time-limited’’ before ‘‘family reunification’’. 2011—Subsec. (a)(8)(B)(i), (ii). Pub. L. 112–34, § 102(g)(1), substituted ‘‘form CFS–101 (including all parts and any successor forms)’’ for ‘‘forms CFS 101–Part I and CFS 101–Part II (or any successor forms)’’. Subsec. (a)(10). Pub. L. 112–34, § 102(b), added par. (10). Subsec. (c). Pub. L. 112–34, § 102(e), designated existing provisions as par. (1), inserted heading, and added pars. (2) and (3). 2006—Subsec. (a)(8). Pub. L. 109–288, § 3(e)(1), des- ignated existing provisions as subpar. (A) and added subpar. (B). Subsec. (b)(2). Pub. L. 109–288, § 5(b)(3)(A)(i), inserted ‘‘or tribal consortia’’ after ‘‘tribes’’ in heading. Subsec. (b)(2)(A). Pub. L. 109–288, § 5(c), substituted ‘‘the requirements of subsection (a)(4) of this section to the extent that the Secretary determines those require- ments’’ for ‘‘any requirement of this section that the Secretary determines’’. Pub. L. 109–288, § 5(b)(3)(A)(ii), inserted ‘‘or tribal con- sortium’’ after ‘‘Indian tribe’’ wherever appearing. Subsec. (b)(2)(B). Pub. L. 109–288, § 5(b)(3)(A)(iii), in- serted ‘‘or tribal consortium’’ after ‘‘Indian tribe’’ and ‘‘and tribal consortia’’ after ‘‘Indian tribes’’. Subsec. (c). Pub. L. 109–288, § 3(e)(2), added subsec. (c). 1998—Subsec. (a)(8). Pub. L. 105–200 inserted ‘‘; and’’ at end. 1997—Subsec. (a)(4). Pub. L. 105–89, § 305(b)(1)(A)(i), substituted ‘‘, community-based family support serv- ices, time-limited family reunification services, and adoption promotion and support services,’’ for ‘‘and community-based family support services’’. Subsec. (a)(5)(A). Pub. L. 105–89, § 305(b)(1)(A)(ii), sub- stituted ‘‘, community-based family support services, time-limited family reunification services, and adop- tion promotion and support services’’ for ‘‘and commu- nity-based family support services’’. Subsec. (a)(9). Pub. L. 105–89, § 305(c)(1), added par. (9). Subsec. (b)(1). Pub. L. 105–89, § 305(b)(1)(B), substituted ‘‘, family support, time-limited family reunification, and adoption promotion and support’’ for ‘‘and family support’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2025 AMENDMENT Amendment by Pub. L. 118–258 effective Oct. 1, 2025, and applicable to payments under this part for calendar quarters beginning on or after such date, with delay permitted if either State legislation or tribal action is required to meet additional requirements, see section 117 of Pub. L. 118–258, set out as a note under section 622 of this title. EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–123 effective Oct. 1, 2018, subject to transition rules for required State legisla- tion 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 2011 AMENDMENT Amendment by Pub. L. 112–34 effective Oct. 1, 2011, and applicable to payments under this part and part E 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 2006 AMENDMENT Pub. L. 109–288, § 3(e)(3), Sept. 28, 2006, 120 Stat. 1236, provided that: ‘‘The amendments made by this sub- section [amending this section] take effect on the date of enactment of this Act [Sept. 28, 2006]. Each State with an approved plan under subpart 1 or 2 of part B of title IV of the Social Security Act [42 U.S.C. 620 et seq., 629 et seq.] shall make its initial submission of the forms required under section 432(a)(8)(B) of the Social Security Act [42 U.S.C. 629b(a)(8)(B)] to the Secretary of Health and Human Services by June 30, 2007, and the Secretary of Health and Human Services shall submit the first compilation required under section 432(c) of the Social Security Act [42 U.S.C. 629b(c)] by Sep- tember 30, 2007.’’ Amendment by Pub. L. 109–288 effective Oct. 1, 2006, except as otherwise provided, and applicable to pay- ments under this part and part E of this subchapter for calendar quarters beginning on or after such date, without regard to whether implementing regulations have been promulgated, and with delay permitted if State legislation is required to meet additional require- ments, see section 12(a), (b) of Pub. L. 109–288, set out as a note under section 621 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. Page 2239 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 629c § 629c. Allotments to States (a) Indian tribes or tribal consortia From the amount reserved pursuant to section 629f(b)(3) of this title for any fiscal year, the Secretary shall allot to each Indian tribe with a plan approved under this subpart an amount that bears the same ratio to such reserved amount as the number of children in the Indian tribe bears to the total number of children in all Indian tribes with State plans so approved, as determined by the Secretary on the basis of the most current and reliable information available to the Secretary. If a consortium of Indian tribes submits a plan approved under this sub- part, the Secretary shall allot to the consortium an amount equal to the sum of the allotments determined for each Indian tribe that is part of the consortium. (b) Territories From the amount described in section 629f(a) of this title for any fiscal year that remains after applying section 629f(b) of this title for the fiscal year, the Secretary shall allot to each of the jurisdictions of Puerto Rico, Guam, the Vir- gin Islands, the Northern Mariana Islands, and American Samoa an amount determined in the same manner as the allotment to each of such jurisdictions is determined under section 623 of this title. (c) Other States (1) In general From the amount described in section 629f(a) of this title for any fiscal year that remains after applying section 629f(b) of this title and subsection (b) of this section for the fiscal year, the Secretary shall allot to each State (other than an Indian tribe) which is not speci- fied in subsection (b) of this section an amount equal to such remaining amount mul- tiplied by the supplemental nutrition assist- ance program benefits percentage of the State for the fiscal year. (2) Supplemental nutrition assistance program benefits percentage defined (A) In general As used in paragraph (1) of this subsection, the term ‘‘supplemental nutrition assistance program benefits percentage’’ means, with respect to a State and a fiscal year, the av- erage monthly number of children receiving supplemental nutrition assistance program benefits in the State for months in the 3 fis- cal years referred to in subparagraph (B) of this paragraph, as determined from sample surveys made under section 2025(c) of title 7, expressed as a percentage of the average monthly number of children receiving sup- plemental nutrition assistance program ben- efits in the States described in such para- graph (1) for months in such 3 fiscal years, as so determined. (B) Fiscal years used in calculation For purposes of the calculation pursuant to subparagraph (A), the Secretary shall use data for the 3 most recent fiscal years, pre- ceding the fiscal year for which the State’s allotment is calculated under this sub- section, for which such data are available to the Secretary. (d) Reallotments The amount of any allotment to a State under subsection (a), (b), or (c) of this section for any fiscal year that the State certifies to the Sec- retary will not be required for carrying out the State plan under section 629b of this title shall be available for reallotment using the allotment methodology specified in subsection (a), (b), or (c) of this section. Any amount so reallotted to a State is deemed part of the allotment of the State under the preceding provisions of this sec- tion. (e) Allotment of funds reserved to support monthly caseworker visits (1) Territories From the amount reserved pursuant to sec- tion 629f(b)(4)(A) of this title for any fiscal year, the Secretary shall allot to each juris- diction specified in subsection (b) of this sec- tion, that has provided to the Secretary such documentation as may be necessary to verify that the jurisdiction has complied with sec- tion 629f(b)(4)(B)(ii) of this title during the fis- cal year, an amount determined in the same manner as the allotment to each of such juris- dictions is determined under section 623 of this title (without regard to the initial allotment of $70,000 to each State). (2) Other States From the amount reserved pursuant to sec- tion 629f(b)(4)(A) of this title for any fiscal year that remains after applying paragraph (1) of this subsection for the fiscal year, the Sec- retary shall allot to each State (other than an Indian tribe) not specified in subsection (b) of this section, that has provided to the Sec- retary such documentation as may be nec- essary to verify that the State has complied with section 629f(b)(4)(B)(ii) of this title during the fiscal year, an amount equal to such re- maining amount multiplied by the supple- mental nutrition assistance program benefits percentage of the State (as defined in sub- section (c)(2) of this section) for the fiscal year, except that in applying subsection (c)(2)(A) of this section, ‘‘subsection (e)(2)’’ shall be substituted for ‘‘such paragraph (1)’’. (Aug. 14, 1935, ch. 531, title IV, § 433, as added Pub. L. 103–66, title XIII, § 13711(a)(2), Aug. 10, 1993, 107 Stat. 653; amended Pub. L. 107–133, title I, §§ 103, 106(a)(2), Jan. 17, 2002, 115 Stat. 2415, 2417; Pub. L. 109–288, §§ 4(a)(2), 5(b)(1)(A), 6(f)(4), Sept. 28, 2006, 120 Stat. 1237, 1242, 1247; Pub. L. 110–234, title IV, § 4002(b)(1)(B), (D), (2)(V), May 22, 2008, 122 Stat. 1096, 1097; Pub. L. 110–246, § 4(a), title IV, § 4002(b)(1)(B), (D), (2)(V), June 18, 2008, 122 Stat. 1664, 1857, 1858; Pub. L. 112–34, title I, § 102(g)(2), Sept. 30, 2011, 125 Stat. 372; Pub. L. 118–258, title I, §§ 112(b), 115(b)(2)(A), (B), Jan. 4, 2025, 138 Stat. 2962, 2968, 2969.) AMENDMENT OF SECTION Pub. L. 118–258, title I, §§ 112(b), 115(b)(2)(A), (B), 117, Jan. 4, 2025, 138 Stat. 2962, 2968, 2969, provided that, effective Oct. 1, 2025, and appli- cable to payments under this part for calendar