Page:United States Statutes at Large Volume 104 Part 2.djvu/636

This page needs to be proofread.

104 STAT. 1388-228 PUBLIC LAW 101-508—NOV. 5, 1990 42 USC 602 note. (c) EFFECTIVE DATE.—The amendments made by this section shall take effect with respect to reports pertaining to, or aid payable for, months beginning in or after October 1990. SEC. 5052. CHILDREN RECEIVING FOSTER CARE MAINTENANCE OR ADOP- TION ASSISTANCE PAYMENTS NOT TREATED AS MEMBER OF FAMILY UNIT FOR PURPOSES OF DETERMINING ELIGIBILITY FOR, OR AMOUNT OF, AFDC BENEFIT. (a) IN GENERAL. —Part A of title IV (42 U.S.C. 601 et seq.) is amended by inserting after section 408 the following: "EXCLUSION FROM AFDC UNIT OF CHILD FOR WHOM FEDERAL, STATE, OR LOCAL FOSTER CARE MAINTENANCE OR ADOPTION ASSISTANCE PAY- MENTS ARE MADE 42 USC 609. "SEC. 409. (a) Notwithstanding anyt other provision of this title (other than subsection Qo))— "(1) a child with respect to whom foster care maintenance payments or adoption assistance payments are made under part E or under State or local law shall not, for the period for which such payments are made, be regarded as a member of a family for purposes of determining the amount of benefits of the family under this part; and "(2) the income and resources of such child shall be excluded from the income and resources of a family under this part. "(b) Subsection (a) shall not apply in the case of a child with respect to whom adoption assistance payments are made under part E or under State or local law, if application of such subsection would reduce the benefits under this part of the family of which the child would otherwise be regarded as a member.". (h) CONFORMING REPEAL. —Section 478 (42 U.S.C. 678) is hereby repealed. 42 USC 609 note. (c) EFFECTIVE DATE.—The amendment made by subsection (a) and the repeal made by subsection (b) shall apply with respect to benefits for months beginning on or after the first day of the 6th calendar month following the month in which this Act is enacted. SEC. 5053. ELIMINATION OF TERM "LEGAL GUARDIAN". (a) IN GENERAL.— Section 402(a)(39) (42 U.S.C. 602(a)(39)) is amended— (1) by striking "or legal guardian"; and (2) by striking "or legal guardians". 42 USC 602 note. (b) EFFECTIVE DATE. —The amendments made by subsection (a) shall take effect on the date of the enactment of this Act. SEC. 5054. REPORTING OF CHILD ABUSE AND NEGLECT.. (a) CONCERNING AFDC APPLICANTS AND RECIPIENTS. — (1) IN GENERAL.— Section 402(a)(16) (42 U.S.C. 602(a)(16)) is amended to read as follows: "(16) provide that the State agency will— "(A) report to an appropriate agency or official, known or suspected instances of physical or mental injury, sexual abuse or exploitation, or negligent treatment or maltreatment of a child receiving aid under this part under circumstances which indicate that the child's health or welfare is threatened thereby; and