Page:United States Statutes at Large Volume 102 Part 3.djvu/446

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PUBLIC LAW 100-000—MMMM. DD, 1988

102 STAT. 2398

PUBLIC LAW 100-485—OCT. 13, 1988

maternity home, or other adult-supervised supportive living arrangement; and "(ii) such aid (where possible) shall be provided to the parent, legal guardian, or other adult relative on behalf of such individual and child; and "(B) subparagraph (A) does not apply in the case where— "(i) such individual has no parent or legal guardian of his or her own who is living and whose whereabouts are known; "(ii) no living parent or legal guardian of such individual allows the individual to live in the home of such parent or guardian; "(iii) the State agency determines that the physical or emotional health or safety of such individual or such dependent child would be jeopardized if such individual and such dependent child lived in the same residence with such individual's own parent or legal guardian; "(iv) such individual lived apart from his or her own parent or legal guardian for a period of at least one year before either the birth of siny such dependent child or the individual having made application for aid to families with dependent children under the plan; or "(v) the State agency otherwise determines (in accordance with regulations issued by the Secretary) that there is good cause for waiving such subparagraph.". 42 USC 602 note. (b) EFFECTIVE DATE.—The amendments made by this section shall become effective on the first day of the first calendar quarter to begin one year or more after the date of the enactment of this Act. SEC. 404. PERIODIC REEVALUATION OF NEED AND PAYMENT STANDARDS. (a) IN GENERAL.—Section 402 of the Social Security Act (as amended by section 301 of this Act) is amended by adding at the end the following new subsection: Reports. "(h)(l) Each State shall reevaluate the need standard and payPublic ment standard under its plan at least once every 3 years, in accordinformation. ance with a schedule established by the Secretary, and report the results of the reevaluation to the Secretary and the public at such time and in such form and manner as the Secretary may require. "(2) The report required by paragraph (1) shall include a statement of— "(A) the manner in which the need standard of the State is determined, "(B) the relationship between the need standard and the payment standard (expressed as a percentsige or in any other manner determined by the Secretary to be appropriate), and "(C) any changes in the need standard or the payment standard in the preceding 3-year period. Reports. "(3) The Secretary shall report promptly to the Congress the results of the reevaluations required by paragraph (1).". 42 USC 602 note. (b) EFFECTIVE DATE.—The amendment made by subsection (a) shall become effective on the date of the enactment of this Act.