Page:United States Statutes at Large Volume 94 Part 1.djvu/570

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PUBLIC LAW 96-000—MMMM. DD, 1980

94 STAT. 520

PUBLIC LAW 96-272—JUNE 17, 1980 amount greater than the amount for which it would be eligible if such appropriation were equal to $141,000,000, unless such State— "(1) has conducted an inventory of all children who have been in foster care under the responsibility of the State for a period of six months preceding the inventory, and determined the appropriateness of, and necessity for, the current foster placement, whether the child can be or should be returned to his parents or should be freed for adoption, and the services necessary to facilitate either the return of the child or the placement of the child for adoption or legal guardianship; and "(2) has implemented and is operating to the satisfaction of the Secretary— "(A) a statewide information system from which the status, demographic characteristics, location, and goals for the placement of every child in foster care or who has been in such care within the preceding twelve months can readily be determined; "(B) a case review system (as defined in section 475(5)) for each child receiving foster care under the supervision of the State; and "(C) a service program designed to help children, where appropriate, return to families from which they have been removed or be placed for adoption or legal guardianship. "Ob) If, for each of any two consecutive fiscal years after the fiscal year 1979, there is appropriated under section 420 a sum equal to $266,000,000, each State's allotment amount for any fiscal year after such two consecutive fiscal years shall be reduced to an amount equal to its allotment amount for the fiscal year 1979, unless such State— "(1) has completed an inventory of the type specified in subsection (a)(1); "(2) has implemented and is operating the program and systems specified in subsection (a)(2); and "(3) has implemented a preplacement preventive service program designed to help children remain with their families. "(c) Any amounts expended by a State for the purpose of complying with the requirements of subsection (a) or (b) shall be conclusively presumed to have been expended for child welfare services. PAYMENTS TO INDIAN TRIBAL ORGANIZATIONS

42 USC 628.

"Tribal organization/

"Indian tribe.'

"SEC. 428. (a) The Secretary may, in appropriate cases (as determined by the Secretary) make payments under this part directly to an Indian tribal organization within any State which has a plan for child welfare services approved under this part. Such payments shall be made in such manner and in such amounts as the Secretary determines to be appropriate. "(b) Amounts paid under subsection (a) shall be deemed to be a part of the allotment (as determined under section 421) for the State in which such Indian tribal organization is located. "(c) For purposes of this section— "(1) the term 'tribal organization' means the recognized governing body of any Indian tribe, or any legally established organization of Indians which is controlled, sanctioned, or chartered by such governing body; and "(2) the term 'Indian tribe' means any tribe, band, nation, or other organized group or community of Indians (including any Alaska Native village or regional or village corporation as