Page:United States Statutes at Large Volume 94 Part 1.djvu/554

This page needs to be proofread.

PUBLIC LAW 96-000—MMMM. DD, 1980

94 STAT. 504 42 USC 606.

"Foster family home."

"Child-care institution."

42 USC 1396, 1397. 42 USC 606. 42 USC 601.

PUBLIC LAW 96-272—JUNE 17, 1980 with a relative specified in section 406(a) within six months prior to the month in which such proceedings were initiated, and would have received such aid in or for such month if in such month he had been living with such a relative and application therefor had been made. "(b) Foster care maintenance payments may be made under this part only on behalf of a child described in subsection (a) of this section who is— "(1) in the foster family home of an individual, whether the payments therefor are made to such individual or to a public or nonprofit private child-placement or child-care agency, or "(2) in a child-care institution, whether the payments therefor are made to such institution or to a public or nonprofit private child-placement or child-care agency, which payments shall be limited so as to include in such payments only those items which are included in the term 'foster care maintenance payments' (as defined in section 475(4)). "(c) For the purposes of this part, (1) the term 'foster family home' means a foster family home for children which is licensed by the State in which it is situated or has been approved, by the agency of such State having responsibility for licensing homes of this type, as meeting the standards established for such licensing; and (2) the term 'child-care institution' means a nonprofit private child-care institution, or a public child-care institution which accommodates no more than twenty-five children, which is licensed by the State in which it is situated or has been approved, by the agency of such State responsible for licensing or approval of institutions of this type, as meeting the standards established for such licensing, but the term shall not include detention facilities, forestry camps, training schools, or any other facility operated primarily for the detention of children who are determined to be delinquent. "(d) For purposes of titles XIX and XX, any child with respect to whom foster care maintenance payments are made under this section shall be deemed to be a dependent child as defined in section 406 and shall be deemed to be a recipient of aid to families with dependent children under part A of this title. ADOPTION ASSISTANCE PROGRAM

42 USC 673. Post, p. 514.

"SEC. 473. (a)(1) Each State with a plan approved under this part shall, directly through the State agency or through another public or nonprofit private agency, make adoption assistance payments pursuant to an adoption assistance agreement in amounts determined under paragraph (2) of this subsection to parents who, after the effective date of this section, adopt a child who— "(A)(i) at the time adoption proceedings were initiated, met the 42 USC 606, 607. requirements of section 406(a) or section 407 or would have met such requirements except for his removal from the home of a relative (specified in section 406(a)) as a result of a judicial determination to the effect that continuation therein would be contrary to the welfare of such child, or 42 USC 1381. "(ii) meets all of the requirements of title XVI with respect to eligibility for supplemental security income benefits, "(B)(i) received aid under the State plan approved under section 402 in or for the month in which court proceedings 42 USC 602. leading to the removal of Huch child from the home were initiated, or