12 2 STA T .396 3 PUBLIC LA W 11 0– 3 5 1 —O CT. 7, 200 8nothad an yu n c o r r e cted sig ni f icant or m ateria l audit e x ce p- tions under F ederal grants or contracts that directly relate to the administration of social ser v ices for the 3 -year period prior to the date on w hich the plan is su b mitted .‘ ‘ (B)SERVIC E A REA S A NDPO P UL A T IONS. — For purposes of complying with section 471 (a)(3) , a description of the service area or areas and populations to be served under the plan and an assurance that the plan shall be in effect in all service area or areas and for all populations served by the tribe, organi z ation, or consortium. ‘‘( C ) E LI G I B ILIT Y .— ‘‘(i) I N GENERAL.—Sub j ect to clause (ii) of this subparagraph, an assurance that the plan will pro- vide— ‘‘(I) foster care maintenance payments under section 47 2 only on behalf of children who satisfy the eligibility re q uirements of section 472(a)
‘‘(II) adoption assistance payments under sec- tion 473 pursuant to adoption assistance agree- ments only on behalf of children who satisfy the eligibility requirements for such payments under that section; and ‘‘(III) at the option of the tribe, organization, or consortium, k inship guardianship assistance payments in accordance with section 473(d) only on behalf of children who meet the requirements of section 473(d)(3). ‘‘(ii) SATIS F ACTION OF FOSTER CARE ELIGIBILITY RE Q UIRE M ENTS.—For purposes of determining whether a child whose placement and care are the responsibility of an Indian tribe, tribal organization, or tribal consor- tium with a plan approved under section 471 in accord- ance with this section satisfies the requirements of section 472(a), the following shall apply
‘‘(I) U SE OF AFFIDAVITS, ETC.— O nly with respect to the first 12 months for which such plan is in effect, the requirement in paragraph (1) of section 472(a) shall not be interpreted so as to prohibit the use of affidavits or nunc pro tunc orders as verification documents in support of the reasonable efforts and contrary to the welfare of the child judicial determinations required under that paragraph. ‘‘(II) A F D C ELIGIBILITY REQUIREMENT.— T he State plan approved under section 4 0 2 (as in effect on J uly 1 6 ,1 9 96) of the State in which the child resides at the time of removal from the home shall apply to the determination of whether the child satisfies section 472(a)(3). ‘‘(D) OPTION TO CLAIM IN- K IND E X PENDITURES FROM T H IRD-PARTY SOURCES FOR NON-FEDERAL SHARE OF ADMINIS- TRATIVE AND TRAINING COSTS DURING INITIAL IMPLEMENTA- TION PERIOD.—Only for fiscal year quarters beginning after September 30, 2009, and before October 1, 2014, a list of the in-kind expenditures (which shall be fairly evaluated, and may include plants, equipment, administration, or services) and the third-party sources of such expenditures Ap p licab ili ty.
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