PUBLIC LAW 109–171—FEB. 8, 2006
120 STAT. 153
Reconciliation Act of 1996, if the child is an alien disqualified under section 245A(h) or 210(f) of the Immigration and Nationality Act from receiving aid under the State plan approved under section 402 in or for the month in which the agreement described in paragraph (2)(A)(i) was entered into or court proceedings leading to the determination described in paragraph (2)(A)(ii) were initiated, the child shall be considered to satisfy the requirements of paragraph (3), with respect to the month, if the child would have satisfied the requirements but for the disqualification.’’. (b) ADOPTION ASSISTANCE.—Section 473(a)(2) (42 U.S.C. 673(a)(2)) is amended to read as follows: ‘‘(2)(A) For purposes of paragraph (1)(B)(ii), a child meets the requirements of this paragraph if the child— ‘‘(i)(I)(aa) was removed from the home of a relative specified in section 406(a) (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 474 (or section 403, as such section was in effect on July 16, 1996), or in accordance with a judicial determination to the effect that continuation in the home would be contrary to the welfare of the child; and ‘‘(bb) met the requirements of section 472(a)(3) with respect to the home referred to in item (aa) of this subclause; ‘‘(II) meets all of the requirements of title XVI with respect to eligibility for supplemental security income benefits; or ‘‘(III) is a child whose costs in a foster family home or child-care institution are covered by the foster care maintenance payments being made with respect to the minor parent of the child as provided in section 475(4)(B); and ‘‘(ii) has been determined by the State, pursuant to subsection (c) of this section, to be a child with special needs. ‘‘(B) Section 472(a)(4) shall apply for purposes of subparagraph (A) of this paragraph, in any case in which the child is an alien described in such section. ‘‘(C) A child shall be treated as meeting the requirements of this paragraph for the purpose of paragraph (1)(B)(ii) if the child— ‘‘(i) meets the requirements of subparagraph (A)(ii); ‘‘(ii) was determined eligible for adoption assistance payments under this part with respect to a prior adoption; ‘‘(iii) is available for adoption because— ‘‘(I) the prior adoption has been dissolved, and the parental rights of the adoptive parents have been terminated; or ‘‘(II) the child’s adoptive parents have died; and ‘‘(iv) fails to meet the requirements of subparagraph (A) but would meet such requirements if— ‘‘(I) 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 assistance payments under this part; and ‘‘(II) the prior adoption were treated as never having occurred.’’.
VerDate 14-DEC-2004
10:20 Jul 12, 2007
Jkt 059194
PO 00001
Frm 00151
Fmt 6580
Sfmt 6581
E:\PUBLAW\PUBL001.109
Applicability.
APPS06
PsN: PUBL001
�
