Public Law 119-73 (01/23/2026)

42 U.S.C. § 674

Payments to States

(a)

Amounts

For each quarter beginning after , each State which has a plan approved under this part shall be entitled to a payment equal to the sum of—
(1)
section 672 of this titlesection 1396d(b) of this titlesection 672 of this titlesection 679c(d) of this title subject to subsections (j) and (k) of , an amount equal to the Federal medical assistance percentage (which shall be as defined in , in the case of a State other than the District of Columbia, or 70 percent, in the case of the District of Columbia) of the total amount expended during such quarter as foster care maintenance payments under for children in foster family homes or child-care institutions (or, with respect to such payments made during such quarter under a cooperative agreement or contract entered into by the State and an Indian tribe, tribal organization, or tribal consortium for the administration or payment of funds under this part, an amount equal to the Federal medical assistance percentage that would apply under (in this paragraph referred to as the “tribal FMAP”) if such Indian tribe, tribal organization, or tribal consortium made such payments under a program operated under that section, unless the tribal FMAP is less than the Federal medical assistance percentage that applies to the State); plus
(2)
section 1396d(b) of this titlesection 673 of this titlesection 679c(d) of this title an amount equal to the Federal medical assistance percentage (which shall be as defined in , in the case of a State other than the District of Columbia, or 70 percent, in the case of the District of Columbia) of the total amount expended during such quarter as adoption assistance payments under pursuant to adoption assistance agreements (or, with respect to such payments made during such quarter under a cooperative agreement or contract entered into by the State and an Indian tribe, tribal organization, or tribal consortium for the administration or payment of funds under this part, an amount equal to the Federal medical assistance percentage that would apply under (in this paragraph referred to as the “tribal FMAP”) if such Indian tribe, tribal organization, or tribal consortium made such payments under a program operated under that section, unless the tribal FMAP is less than the Federal medical assistance percentage that applies to the State); plus
(3)
section 672(i) of this title subject to an amount equal to the sum of the following proportions of the total amounts expended during such quarter as found necessary by the Secretary for the provision of child placement services and for the proper and efficient administration of the State plan—
(A)
75 per centum of so much of such expenditures as are for the training (including both short- and long-term training at educational institutions through grants to such institutions or by direct financial assistance to students enrolled in such institutions) of personnel employed or preparing for employment by the State agency or by the local agency administering the plan in the political subdivision,
(B)
75 percent of so much of such expenditures (including travel and per diem expenses) as are for the short-term training of current or prospective foster or adoptive parents or relative guardians, the members of the staff of State-licensed or State-approved child care institutions providing care, or State-licensed or State-approved child welfare agencies providing services, to children receiving assistance under this part, and members of the staff of abuse and neglect courts, agency attorneys, attorneys representing children or parents, guardians ad litem, or other court-appointed special advocates representing children in proceedings of such courts, in ways that increase the ability of such current or prospective parents, guardians, staff members, institutions, attorneys, and advocates to provide support and assistance to foster and adopted children and children living with relative guardians, whether incurred directly by the State or by contract,
(C)
50 percent of so much of such expenditures as are for the planning, design, development, or installation of statewide mechanized data collection and information retrieval systems (including 50 percent of the full amount of expenditures for hardware components for such systems) but only to the extent that such systems—
(i)
section 679(b)(2) of this title meet the requirements imposed by regulations promulgated pursuant to ;
(ii)
to the extent practicable, are capable of interfacing with the State data collection system that collects information relating to child abuse and neglect;
(iii)
to the extent practicable, have the capability of interfacing with, and retrieving information from, the State data collection system that collects information relating to the eligibility of individuals under part A (for the purposes of facilitating verification of eligibility of foster children); and
(iv)
are determined by the Secretary to be likely to provide more efficient, economical, and effective administration of the programs carried out under a State plan approved under part B or this part; and
(D)
50 percent of so much of such expenditures as are for the operation of the statewide mechanized data collection and information retrieval systems referred to in subparagraph (C); and
(E)
one-half of the remainder of such expenditures; plus
(4)
an amount equal to the amount (if any) by which—
(A)
the lesser of—
(i)
section 677(b) of this titlesection 677(b)(5) of this title 80 percent of the amounts expended by the State during the fiscal year in which the quarter occurs to carry out programs in accordance with the State application approved under for the period in which the quarter occurs (including any amendment that meets the requirements of ); or
(ii)
section 677(c)(1) of this title the amount allotted to the State under for the fiscal year in which the quarter occurs, reduced by the total of the amounts payable to the State under this paragraph for all prior quarters in the fiscal year; exceeds
(B)
section 677(e) of this title the total amount of any penalties assessed against the State under during the fiscal year in which the quarter occurs; plus
(5)
section 673(d) of this title an amount equal to the percentage by which the expenditures referred to in paragraph (2) of this subsection are reimbursed of the total amount expended during such quarter as kinship guardianship assistance payments under pursuant to kinship guardianship assistance agreements; plus
(6)
(A)
for each quarter—
(i)
subject to clause (ii)—
(I)
section 671(e)(1) of this titlesection 671(e)(4)(C) of this title beginning after , and before , an amount equal to 50 percent of the total amount expended during the quarter for the provision of services or programs specified in subparagraph (A) or (B) of that are provided in accordance with promising, supported, or well-supported practices that meet the applicable criteria specified for the practices in ; and
(II)
section 1396d(b) of this titlesection 671(e)(1) of this titlesection 671(e)(4)(C) of this titlesection 679c(d) of this title beginning after , an amount equal to the Federal medical assistance percentage (which shall be as defined in , in the case of a State other than the District of Columbia, or 70 percent, in the case of the District of Columbia) of the total amount expended during the quarter for the provision of services or programs specified in subparagraph (A) or (B) of that are provided in accordance with promising, supported, or well-supported practices that meet the applicable criteria specified for the practices in (or, with respect to the payments made during the quarter under a cooperative agreement or contract entered into by the State and an Indian tribe, tribal organization, or tribal consortium for the administration or payment of funds under this part, an amount equal to the Federal medical assistance percentage that would apply under (in this paragraph referred to as the “tribal FMAP”) if the Indian tribe, tribal organization, or tribal consortium made the payments under a program operated under that section, unless the tribal FMAP is less than the Federal medical assistance percentage that applies to the State); except that
(ii)
section 671(e)(1) of this title not less than 50 percent of the total amount expended by a State under clause (i) for a fiscal year shall be for the provision of services or programs specified in subparagraph (A) or (B) of that are provided in accordance with well-supported practices; plus
(B)
for each quarter specified in subparagraph (A), an amount equal to the sum of the following proportions of the total amount expended during the quarter—
(i)
section 671(e)(1) of this title 50 percent of so much of the expenditures as are found necessary by the Secretary for the proper and efficient administration of the State plan for the provision of services or programs specified in , including expenditures for activities approved by the Secretary that promote the development of necessary processes and procedures to establish and implement the provision of the services and programs for individuals who are eligible for the services and programs and expenditures attributable to data collection and reporting; and
(ii)
section 671(e)(1) of this titlesection 671(e)(2) of this title 50 percent of so much of the expenditures with respect to the provision of services and programs specified in as are for training of personnel employed or preparing for employment by the State agency or by the local agency administering the plan in the political subdivision and of the members of the staff of State-licensed or State-approved child welfare agencies providing services to children described in and their parents or kin caregivers, including on how to determine who are individuals eligible for the services or programs, how to identify and provide appropriate services and programs, and how to oversee and evaluate the ongoing appropriateness of the services and programs; plus
(7)
section 627(a) of this titlesection 671(e)(4)(C) of this title an amount equal to 50 percent of the amounts expended by the State during the quarter as the Secretary determines are for kinship navigator programs that meet the requirements described in and that the Secretary determines are operated in accordance with promising, supported, or well-supported practices that meet the applicable criteria specified for the practices in , without regard to whether the expenditures are incurred on behalf of children who are, or are potentially, eligible for foster care maintenance payments under this part.
(b)

Quarterly estimates of State’s entitlement for next quarter; payments; United States’ pro rata share of amounts recovered as overpayment; allowance, disallowance, or deferral of claim

(1)
The Secretary shall, prior to the beginning of each quarter, estimate the amount to which a State will be entitled under subsection (a) for such quarter, such estimates to be based on (A) a report filed by the State containing its estimate of the total sum to be expended in such quarter in accordance with subsection (a), and stating the amount appropriated or made available by the State and its political subdivisions for such expenditures in such quarter, and if such amount is less than the State’s proportionate share of the total sum of such estimated expenditures, the source or sources from which the difference is expected to be derived, (B) records showing the number of children in the State receiving assistance under this part, and (C) such other investigation as the Secretary may find necessary.
(2)
The Secretary shall then pay to the State, in such installments as he may determine, the amounts so estimated, reduced or increased to the extent of any overpayment or underpayment which the Secretary determines was made under this section to such State for any prior quarter and with respect to which adjustment has not already been made under this subsection.
(3)
The pro rata share to which the United States is equitably entitled, as determined by the Secretary, of the net amount recovered during any quarter by the State or any political subdivision thereof with respect to foster care and adoption assistance furnished under the State plan shall be considered an overpayment to be adjusted under this subsection.
(4)
(A)
Within 60 days after receipt of a State claim for expenditures pursuant to subsection (a), the Secretary shall allow, disallow, or defer such claim.
(B)
Within 15 days after a decision to defer such a State claim, the Secretary shall notify the State of the reasons for the deferral and of the additional information necessary to determine the allowability of the claim.
(C)
Within 90 days after receiving such necessary information (in readily reviewable form), the Secretary shall—
(i)
disallow the claim, if able to complete the review and determine that the claim is not allowable, or
(ii)
in any other case, allow the claim, subject to disallowance (as necessary)—
(I)
upon completion of the review, if it is determined that the claim is not allowable; or
(II)
on the basis of findings of an audit or financial management review.
(c)

Automated data collection expenditures

The Secretary shall treat as necessary for the proper and efficient administration of the State plan all expenditures of a State necessary in order for the State to plan, design, develop, install, and operate data collection and information retrieval systems described in subsection (a)(3)(C), without regard to whether the systems may be used with respect to foster or adoptive children other than those on behalf of whom foster care maintenance payments or adoption assistance payments may be made under this part.

(d)

Reduction for violation of plan requirement

(1)
section 1320a–2a of this titlesection 671(a) of this titlesection 1320a–2a(b)(3) of this titlesection 1320a–2a of this title If, during any quarter of a fiscal year, a State’s program operated under this part is found, as a result of a review conducted under , or otherwise, to have violated paragraph (18) or (23) of with respect to a person or to have failed to implement a corrective action plan within a period of time not to exceed 6 months with respect to such violation, then, notwithstanding subsection (a) of this section and any regulations promulgated under , the Secretary shall reduce the amount otherwise payable to the State under this part, for that fiscal year quarter and for any subsequent quarter of such fiscal year, until the State program is found, as a result of a subsequent review under , to have implemented a corrective action plan with respect to such violation, by—
(A)
2 percent of such otherwise payable amount, in the case of the 1st such finding for the fiscal year with respect to the State;
(B)
3 percent of such otherwise payable amount, in the case of the 2nd such finding for the fiscal year with respect to the State; or
(C)
5 percent of such otherwise payable amount, in the case of the 3rd or subsequent such finding for the fiscal year with respect to the State.
In imposing the penalties described in this paragraph, the Secretary shall not reduce any fiscal year payment to a State by more than 5 percent.
(2)
section 671(a) of this title Any other entity which is in a State that receives funds under this part and which violates paragraph (18) or (23) of during a fiscal year quarter with respect to any person shall remit to the Secretary all funds that were paid by the State to the entity during the quarter from such funds.
(3)
(A)
section 671(a)(18) of this title Any individual who is aggrieved by a violation of by a State or other entity may bring an action seeking relief from the State or other entity in any United States district court.
(B)
An action under this paragraph may not be brought more than 2 years after the date the alleged violation occurred.
(4)
25 U.S.C. 1901 This subsection shall not be construed to affect the application of the Indian Child Welfare Act of 1978 [ et seq.].
(e)

Discretionary grants for educational and training vouchers for youths aging out of foster care

section 677(h)(2) of this titleFrom amounts appropriated pursuant to , the Secretary may make a grant to a State with a plan approved under this part, for a calendar quarter, in an amount equal to the lesser of—
(1)
1
1 See References in Text note below.
80 percent of the amounts expended by the State during the quarter to carry out programs for the purposes described in section 677(a)(6)  of this title; or
(2)
section 677(c)(3) of this title the amount, if any, allotted to the State under for the fiscal year in which the quarter occurs, reduced by the total of the amounts payable to the State under this subsection for such purposes for all prior quarters in the fiscal year.
(f)

Reduction for failure to submit required data

(1)
section 679 of this title If the Secretary finds that a State has failed to submit to the Secretary data, as required by regulation, for the data collection system implemented under , the Secretary shall, within 30 days after the date by which the data was due to be so submitted, notify the State of the failure and that payments to the State under this part will be reduced if the State fails to submit the data, as so required, within 6 months after the date the data was originally due to be so submitted.
(2)
section 1320a–2a(b)(3) of this title If the Secretary finds that the State has failed to submit the data, as so required, by the end of the 6-month period referred to in paragraph (1) of this subsection, then, notwithstanding subsection (a) of this section and any regulations promulgated under , the Secretary shall reduce the amounts otherwise payable to the State under this part, for each quarter ending in the 6-month period (and each quarter ending in each subsequent consecutively occurring 6-month period until the Secretary finds that the State has submitted the data, as so required), by—
(A)
⅙ of 1 percent of the total amount expended by the State for administration of foster care activities under the State plan approved under this part in the quarter so ending, in the case of the 1st 6-month period during which the failure continues; or
(B)
¼ of 1 percent of the total amount so expended, in the case of the 2nd or any subsequent such 6-month period.
(g)

Continued services under waiver

section 1320a–9 of this titleFor purposes of this part, after the termination of a demonstration project relating to guardianship conducted by a State under , the expenditures of the State for the provision, to children who, as of , were receiving assistance or services under the project, of the same assistance and services under the same terms and conditions that applied during the conduct of the project, are deemed to be expenditures under the State plan approved under this part.

Aug. 14, 1935, ch. 531Pub. L. 96–272, title I, § 101(a)(1)94 Stat. 506Pub. L. 96–611, § 394 Stat. 3567Pub. L. 98–369, div. B, title VI, § 2663(c)(18)98 Stat. 1167Pub. L. 98–617, § 4(a)98 Stat. 3296Pub. L. 99–272, title XII100 Stat. 294Pub. L. 99–514, title XVIII, § 1883(b)(9)100 Stat. 2917Pub. L. 100–203, title IX, § 9132(a)101 Stat. 1330–313Pub. L. 101–239, title VIII103 Stat. 2452Pub. L. 101–508, title V, § 5071(a)104 Stat. 1388–233Pub. L. 103–66, title XIII, § 13713(a)(1)107 Stat. 656Pub. L. 103–432, title II108 Stat. 4457Pub. L. 104–188, title I, § 1808(b)110 Stat. 1903Pub. L. 105–89, title II, § 202(b)111 Stat. 2125Pub. L. 105–200, title III, § 301(b)112 Stat. 658Pub. L. 106–169, title I, § 101(c)113 Stat. 1828Pub. L. 107–133, title II, § 201(f)115 Stat. 2424Pub. L. 108–145, § 4117 Stat. 1881Pub. L. 109–171, title VII, § 7403(b)120 Stat. 151Pub. L. 110–275, title III, § 302(a)122 Stat. 2594Pub. L. 110–351, title I, § 101(c)(3)122 Stat. 3952Pub. L. 115–123, div. E, title VII132 Stat. 240Pub. L. 118–258, title I, § 110(b)(3)138 Stat. 2961(, title IV, § 474, as added , , ; amended , , ; , , ; , (b), , , 3297; , §§ 12306(a), (b), 12307(c), , , 296; , , ; , , ; , §§ 8001(a), 8002(c), 8006(a), title X, §§ 10401(a), 10402(a), 10403(c)(1), , , 2453, 2461, 2487, 2488; , , ; , (2), (b)(1), , , 657; , §§ 207(a), (b), 210(a), , , 4460; , , ; , , ; , (c), title IV, § 410(g), , , 674; , , ; , , ; , , ; , , ; , , ; , (d), title II, § 203(a), title III, § 301(c)(2), , , 3953, 3959, 3970; , §§ 50711(c), 50712(b), 50713, 50741(a)(2), , , 245, 255; , , .)

Editorial Notes

References in Text

Pub. L. 95–60892 Stat. 3069section 1901 of Title 25The Indian Child Welfare Act of 1978, referred to in subsec. (d)(4), is , , , which is classified principally to chapter 21 (§ 1901 et seq.) of Title 25, Indians. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Section 677(a)(6) of this titlesection 677(a)(5) of this titlePub. L. 115–123, div. E, title VII, § 50753(d)(2)(D)132 Stat. 265, referred to in subsec. (e)(1), was redesignated by , , .

Amendments

Pub. L. 118–258section 627(a) of this titlesection 627(a)(1) of this title2025—Subsec. (a)(7). substituted “” for “”.

Pub. L. 115–123, § 50741(a)(2)section 672 of this titlesection 672(j) of this title2018—Subsec. (a)(1). , substituted “subsections (j) and (k) of ” for “”.

Pub. L. 115–123, § 50712(b)section 672(j) of this title, inserted “subject to ,” before “an amount equal to the Federal” the first place appearing.

Pub. L. 115–123, § 50711(c)(1)Subsec. (a)(5). , substituted “; plus” for period at end.

Pub. L. 115–123, § 50713(1)Subsec. (a)(6). , substituted “; plus” for period at end.

Pub. L. 115–123, § 50711(c)(2), added par. (6).

Pub. L. 115–123, § 50713(2)Subsec. (a)(7). , added par. (7).

Pub. L. 110–351, § 301(c)(2)section 679c(d) of this title2008—Subsec. (a)(1), (2). , inserted “(or, with respect to such payments made during such quarter under a cooperative agreement or contract entered into by the State and an Indian tribe, tribal organization, or tribal consortium for the administration or payment of funds under this part, an amount equal to the Federal medical assistance percentage that would apply under (in this paragraph referred to as the ‘tribal FMAP’) if such Indian tribe, tribal organization, or tribal consortium made such payments under a program operated under that section, unless the tribal FMAP is less than the Federal medical assistance percentage that applies to the State)” before semicolon.

Pub. L. 110–275section 1396d(b) of this titlesection 1396d(b) of this title substituted “(which shall be as defined in , in the case of a State other than the District of Columbia, or 70 percent, in the case of the District of Columbia)” for “(as defined in )”.

Pub. L. 110–351, § 203(a)Subsec. (a)(3)(B). , inserted “or relative guardians” after “adoptive parents”, substituted “, the members” for “and the members”, inserted “, or State-licensed or State-approved child welfare agencies providing services,” after “providing care”, struck out “foster and adopted” before “children receiving assistance”, inserted “and members of the staff of abuse and neglect courts, agency attorneys, attorneys representing children or parents, guardians ad litem, or other court-appointed special advocates representing children in proceedings of such courts,” after “part,”, inserted “guardians,” before “staff members,”, substituted “institutions, attorneys, and advocates” for “and institutions”, and inserted “and children living with relative guardians” before “, whether incurred directly”.

Pub. L. 110–351, § 101(c)(3)(A)Subsec. (a)(4). , substituted “; plus” for period at end.

Pub. L. 110–351, § 101(c)(3)(B)Subsec. (a)(5). , added par. (5).

Pub. L. 110–351, § 101(d)Subsec. (g). , added subsec. (g).

Pub. L. 109–171section 672(i) of this title2006—Subsec. (a)(3). inserted “subject to ” before “an amount equal to” in introductory provisions.

Pub. L. 108–1452003—Subsec. (f). added subsec. (f).

Pub. L. 107–133, § 201(f)(1)2002—Subsec. (a)(4). , amended par. (4) generally. Prior to amendment, par. (4) read as follows: “the lesser of—

“(A) 80 percent of the amount (if any) by which—

section 677(b) of this titlesection 677(b)(5) of this title“(i) the total amount expended by the State during the fiscal year in which the quarter occurs to carry out programs in accordance with the State application approved under for the period in which the quarter occurs (including any amendment that meets the requirements of ); exceeds

section 677(e) of this title“(ii) the total amount of any penalties assessed against the State under during the fiscal year in which the quarter occurs; or

section 677 of this title“(B) the amount allotted to the State under for the fiscal year in which the quarter occurs, reduced by the total of the amounts payable to the State under this paragraph for all prior quarters in the fiscal year.”

Pub. L. 107–133, § 201(f)(2)Subsec. (e). , added subsec. (e).

Pub. L. 106–1691999—Subsec. (a)(4). amended par. (4) generally. Prior to amendment, par. (4) read as follows: “an amount equal to the sum of—

section 677 of this titlesection 677(e)(1) of this title“(A) so much of the amounts expended by such State to carry out programs under as do not exceed the basic amount for such State determined under ; and

“(B) the lesser of—

“(i) one-half of any additional amounts expended by such State for such programs; or

section 677(e)(1) of this title“(ii) the maximum additional amount for such State under such .”

Pub. L. 105–200, § 410(g)1998—Subsec. (a). , struck out “(subject to the limitations imposed by subsection (b) of this section)” after “this part” in introductory provisions.

Pub. L. 105–200, § 301(b)section 671(a) of this titlesection 671(a)(18) of this titleSubsec. (d)(1), (2). , substituted “paragraph (18) or (23) of ” for “”.

Pub. L. 105–200, § 301(c)Subsec. (e). , struck out subsec. (e) which read as follows: “Notwithstanding subsection (a) of this section, a State shall not be eligible for any payment under this section if the Secretary finds that, after , the State has—

“(1) denied or delayed the placement of a child for adoption when an approved family is available outside of the jurisdiction with responsibility for handling the case of the child; or

section 671(a)(12) of this title“(2) failed to grant an opportunity for a fair hearing, as described in , to an individual whose allegation of a violation of paragraph (1) of this subsection is denied by the State or not acted upon by the State with reasonable promptness.”

Pub. L. 105–891997—Subsec. (e). added subsec. (e).

Pub. L. 104–1881996—Subsec. (d). added subsec. (d).

Pub. L. 103–432, § 207(a)1994—Subsec. (b). , (b)(2), redesignated subsec. (d) as (b) and struck out former subsec. (b) which related to maximum aggregate sums payable to any State and State allotments for fiscal years 1981 to 1992.

Pub. L. 103–432, § 210(a)Subsec. (b)(4). , added par. (4).

Pub. L. 103–432, § 207(a)Subsec. (c). , (b)(2), redesignated subsec. (e) as (c) and struck out former subsec. (c) which related to reimbursement for expenditures.

Pub. L. 103–432, § 207(b)(2)Subsec. (d). , redesignated subsec. (d) as (b).

Pub. L. 103–432, § 207(b)(1)Subsec. (d)(1). , substituted “subsection (a) for such quarter” for “subsections (a), (b), and (c) for such quarter” and “subsection (a)” for “the provisions of such subsections”.

Pub. L. 103–432, § 207(b)(2)Subsec. (e). , redesignated subsec. (e) as (c).

Pub. L. 103–66, § 13713(a)(1)(A)1993—Subsec. (a)(3)(B). , struck out “and” at end.

Pub. L. 103–66, § 13713(b)(1)Subsec. (a)(3)(C). , substituted “50 percent” for “75 percent” in two places in introductory provisions.

Pub. L. 103–66, § 13713(a)(1)(C), added subpar. (C). Former subpar. (C) redesignated (E).

Pub. L. 103–66, § 13713(a)(1)(B)Subsec. (a)(3)(D), (E). , (C), added subpar. (D) and redesignated former subpar. (C) as (E).

Pub. L. 103–66, § 13713(a)(2)Subsec. (e). , added subsec. (e).

Pub. L. 101–5081990—Subsec. (a)(3). inserted “provision of child placement services and for the” before “proper and efficient”.

Pub. L. 101–239, § 8006(a)1989—Subsec. (a)(3)(B), (C). , added subpar. (B) and redesignated former subpar. (B) as (C).

Pub. L. 101–239, § 8002(c)section 677 of this titleSubsec. (a)(4). , amended par. (4) generally. Prior to amendment, par. (4) read as follows: “an amount for transitional independent living programs as provided in .”

Pub. L. 101–239, § 10403(c)(1)Pub. L. 98–617, § 4(a)(1)Subsec. (b)(1). , amended , see 1984 Amendment note below.

Pub. L. 101–239, § 8001(a), substituted “through 1992” for “through 1989”.

Pub. L. 101–239, § 10402(a)Subsec. (b)(2)(A)(iv). , added cl. (iv).

Pub. L. 101–239, § 10403(c)(1)Pub. L. 98–617, § 4(a)(1)Subsec. (b)(2)(B). , amended , see 1984 Amendment note below.

Pub. L. 101–239, § 8001(a), substituted “through 1992” for “through 1989”.

Pub. L. 101–239, § 10403(c)(1)Pub. L. 98–617, § 4(a)(1)Subsec. (b)(4)(B). , amended , see 1984 Amendment note below.

Pub. L. 101–239, § 8001(a), substituted “through 1992” for “through 1989”.

Pub. L. 101–239, § 8001(a)Subsec. (b)(5)(A). , substituted “1992” for “1989” in introductory provisions and in cl. (ii).

Pub. L. 101–239, § 8001(a)Subsec. (c)(1), (2). , substituted “through 1992” for “through 1989”.

Pub. L. 101–239, § 10401(a)Subsec. (c)(4)(B), (C). , substituted “$325,000,000” for “$266,000,000”.

Pub. L. 100–203, § 9132(a)(1)1987—Subsec. (b)(1), (2)(A)(iii), (B), (4)(B). , substituted “through 1989” for “through 1987”.

Pub. L. 100–203, § 9132(a)(1)Subsec. (b)(5)(A). , (2), substituted “” for “” in introductory provisions and “through 1989” for “through 1987” in cl. (ii).

Pub. L. 100–203, § 9132(a)(3)Subsec. (c)(1), (2). , substituted “through 1989” for “through 1987”.

Pub. L. 99–272, § 12307(c)(1)1986—Subsec. (a)(3). , substituted “; plus” for period at end.

Pub. L. 99–514Subsec. (a)(4). realigned margins of par. (4).

Pub. L. 99–272, § 12307(c)(2), added par. (4).

Pub. L. 99–272, § 12306(a)(1)Subsec. (b)(1). , substituted “1987” for “1985”.

Pub. L. 99–272, § 12306(a)(2)Subsec. (b)(2)(A). , substituted in cl. (iii) “each of the fiscal years 1983 through 1987” for “fiscal year 1983”, and struck out cls. (iv) and (v) relating to limitations with respect to fiscal years 1984 and 1985, respectively, if the appropriation for each of those years is equal to $266,000,000.

Pub. L. 99–272, § 12306(a)(1)Subsec. (b)(2)(B), (4)(B). , substituted “1987” for “1985”.

Pub. L. 99–272, § 12306(a)(3)Subsec. (b)(5)(A). , substituted “” for “” in introductory provision, and in cl. (ii) substituted “1984 through 1987” for “1984 and 1985”.

Pub. L. 99–272, § 12306(b)Subsec. (c)(1), (2). , substituted “1987” for “1985”.

Pub. L. 98–617, § 4(a)(1)(A)Pub. L. 101–239, § 10403(c)(1)1984—Subsec. (b)(1). , formerly § 4(a)(1), as redesignated and amended by , substituted “1985” for “1984” after “1981 through”.

Pub. L. 98–617, § 4(a)(2)Subsec. (b)(2)(A)(v). , added cl. (v).

Pub. L. 98–617, § 4(a)(1)(B)Pub. L. 101–239, § 10403(c)(1)Subsec. (b)(2)(B). , formerly § 4(a)(1), as redesignated and amended by , substituted “1981 through 1985” for “1982 through 1984”.

Pub. L. 98–369, § 2663(c)(18)(A)Subsec. (b)(4)(A). , substituted “subparagraph (C)” for “subparagraph (c)”.

Pub. L. 98–617, § 4(a)(1)(A)Pub. L. 101–239, § 10403(c)(1)Subsec. (b)(4)(B). , formerly § 4(a)(1), as redesignated and amended by , substituted “1985” for “1984” after “1981 through”.

Pub. L. 98–617, § 4(a)(3)(A)Subsec. (b)(5)(A). , substituted “” for “”.

Pub. L. 98–617, § 4(a)(3)(B)Subsec. (b)(5)(A)(ii). , substituted “each of fiscal years 1984 and 1985” for “fiscal year 1984”.

Pub. L. 98–617, § 4(b)Subsec. (c)(1), (2). , substituted “1985” for “1984” after “1981 through”.

Pub. L. 98–369, § 2663(c)(18)(B), substituted “relevant” for “relvant”.

Pub. L. 98–369, § 2663(c)(18)(C)Subsec. (d)(1). , substituted “and (C) such” for “and (c) such” and “Secretary may find” for “secretary may find”.

Pub. L. 96–6111980—Subsec. (d). added subsec. (d).

Statutory Notes and Related Subsidiaries

Effective Date of 2025 Amendment

Pub. L. 118–258section 117 of Pub. L. 118–258section 622 of this titleAmendment by effective , and applicable to payments under this part for calendar quarters beginning on or after such date, with delay permitted if either State legislation or tribal action is required to meet additional requirements, see , set out as a note under .

Effective Date of 2019 Amendment

Pub. L. 116–94, div. N, title I, § 602(g)133 Stat. 3123

section 1305 of this titlesection 1305 of this titlePub. L. 115–123“This section [enacting provisions set out as notes under this section and , and amending provisions set out as a note under ] and the amendments made by this section shall take effect as if included in the Bipartisan Budget Act of 2018 [] on the date of the enactment of such Act [].”
, , , provided that:

Effective Date of 2018 Amendment

Pub. L. 115–123section 50734 of Pub. L. 115–123section 622 of this titleAmendment by sections 50711(c), 50712(b), and 50713 of effective , subject to transition rules for required State legislation or tribal action, see , set out as a note under .

section 50741(a)(2) of Pub. L. 115–123section 50746 of Pub. L. 115–123section 622 of this titleAmendment by effective , with State option to delay effective date for not more than 2 years and subject to State waiver provisions, see , set out as a note under .

Effective Date of 2008 Amendment

section 301(c)(2) of Pub. L. 110–351section 301(f) of Pub. L. 110–351section 671 of this titleAmendment by effective , without regard to whether implementing regulations have been promulgated, see , set out as a note under .

Pub. L. 110–351section 601 of Pub. L. 110–351section 671 of this titleAmendment by effective , except as otherwise provided, and applicable to payments under this part and part B of this subchapter for quarters beginning on or after effective date of amendment, with delay permitted if State legislation is required to meet additional requirements, see , set out as a note under .

Pub. L. 110–275, title III, § 302(b)122 Stat. 2594

“The amendment made by subsection (a) [amending this section] shall take effect on , and shall apply to calendar quarters beginning on or after that date.”
, , , provided that:

Effective Date of 2006 Amendment

Pub. L. 109–171section 7701 of Pub. L. 109–171section 603 of this titleAmendment by effective as if enacted on , except as otherwise provided, see , set out as a note under .

Effective Date of 2003 Amendment

Pub. L. 108–145section 5 of Pub. L. 108–145section 673b of this titleAmendment by effective , see , set out as a note under .

Effective Date of 2002 Amendment

Pub. L. 107–133section 301 of Pub. L. 107–133section 629 of this titleAmendment by effective , with delay permitted if State legislation is required, see , set out as a note under .

Effective Date of 1998 Amendment

Pub. L. 105–200Pub. L. 105–89section 301(d) of Pub. L. 105–200section 671 of this titleAmendment by section 301(b), (c) of effective as if included in the enactment of section 202 of the Adoption and Safe Families Act of 1997, , see , set out as a note under .

Effective Date of 1997 Amendment

Pub. L. 105–89section 501 of Pub. L. 105–89section 622 of this titleAmendment by effective , except as otherwise provided, with delay permitted if State legislation is required, see , set out as a note under .

Effective Date of 1994 Amendment

Pub. L. 103–432, title II, § 207(c)108 Stat. 4457

“The amendments and repeals made by this section [amending this section] shall apply to payments for calendar quarters beginning on or after .”
, , , provided that:

Pub. L. 103–432, title II, § 210(b)108 Stat. 4460

“The amendment made by subsection (a) [amending this section] shall be effective with respect to claims made on or after the date of the enactment of this Act [].”
, , , provided that:

Effective Date of 1993 Amendment

Pub. L. 103–66, title XIII, § 13713(a)(3)107 Stat. 657

“The amendments made by this subsection [amending this section] shall take effect on .”
, , , provided that:

Pub. L. 103–66, title XIII, § 13713(b)(2)107 Stat. 657Pub. L. 104–193, title V, § 502110 Stat. 2277

“The amendment made by paragraph (1) [amending this section] shall apply to expenditures during fiscal years beginning on or after .”
, , , as amended by , , , provided that:

Effective Date of 1990 Amendment

Pub. L. 101–508, title V, § 5071(b)104 Stat. 1388–233

“The amendment made by subsection (a) [amending this section] shall take effect on the date of the enactment of this Act [].”
, , , provided that:

Effective Date of 1989 Amendment

Pub. L. 101–239, title VIII, § 8001(b)103 Stat. 2452

“The amendments made by subsection (a) [amending this section] shall take effect on .”
, , , provided that:

Pub. L. 101–239, title VIII, § 8002(e)103 Stat. 2453

section 677 of this title“The amendments made by subsections (a), (b) and (c) [amending this section and ] shall take effect .”
, , , provided that:

Pub. L. 101–239, title VIII, § 8006(b)103 Stat. 2462Pub. L. 103–66, title XIII, § 13715107 Stat. 657

“The amendments made by subsection (a) [amending this section] shall apply to expenditures made on or after , and before , and to expenditures made on or after .”
, , , as amended by , , , provided that:

Pub. L. 101–239, title X, § 10401(b)103 Stat. 2487

“The amendments made by subsection (a) [amending this section and former sections 620 and 627 of this title] shall take effect on .”
, , , provided that:

Pub. L. 101–239, title X, § 10402(b)103 Stat. 2487

“The amendments made by subsection (a) [amending this section] shall take effect on .”
, , , provided that:

Pub. L. 101–239, title X, § 10403(c)(2)103 Stat. 2488

“The amendment made by paragraph (1) of this subsection [amending this section] shall take effect as if included in section 4 of Public Law 98-617 at the time such section became law [enacted ].”
, , , provided that:

Effective Date of 1987 Amendment

Pub. L. 100–203, title IX, § 9132(b)101 Stat. 1330–314

“The amendments made by subsection (a) [amending this section] shall become effective .”
, , , provided that:

Effective Date of 1984 Amendment

Pub. L. 98–369section 2664(b) of Pub. L. 98–369section 401 of this titleAmendment by effective , but not to be construed as changing or affecting any right, liability, status, or interpretation which existed (under the provisions of law involved) before that date, see , set out as a note under .

Construction of 2008 Amendment

section 301(c)(2) of Pub. L. 110–351section 301(d) of Pub. L. 110–351section 671 of this titleFor construction of amendment by , see , set out as a note under .

Family First Prevention Services Program Pandemic Flexibility

Pub. L. 116–260, div. X, § 5134 Stat. 2413

42 U.S.C. 674(a)(6)“During the COVID–19 public health emergency period, each percentage specified in subparagraphs (A)(i) and (B) of section 474(a)(6) of the Social Security Act [] is deemed to be 100 percent.”
, , , provided that:

section 5 of div. X of Pub. L. 116–260section 2 of div. X of Pub. L. 116–260section 629h of this title[For definition of “COVID–19 public health emergency period” as used in , set out above, see , set out as a note under .]

Kinship Navigator Programs Pandemic Flexibility

Pub. L. 116–260, div. X, § 8134 Stat. 2414

“(a)

Inapplicability of Matching Funds Requirements .—

42 U.S.C. 674(a)(7)During the COVID–19 public health emergency period, the percentage specified in section 474(a)(7) of the Social Security Act [] is deemed to be 100 percent.
“(b)

Waiver of Evidence Standard .—

42 U.S.C. 671(e)(4)(C)During the COVID–19 public health emergency period, the requirement in section 474(a)(7) of the Social Security Act that the Secretary determine that a kinship navigator program be operated in accordance with promising, supported, or well-supported practices that meet the applicable criteria specified for the practices in section 471(e)(4)(C) of such Act [] shall have no force or effect, except that each State with such a program shall provide the Secretary with an assurance that the program will be, or is in the process of being, evaluated for the purpose of building an evidence base to later determine whether the program meets the criteria set forth in such section 471(e)(4)(C).
“(c)

Other Allowable Uses of Funds .—

A State may use funds provided to carry out a kinship navigator program—
“(1)
for evaluations, independent systematic review, and related activities;
“(2)
to provide short-term support to kinship families for direct services or assistance during the COVID–19 public health emergency period; and
“(3)
to ensure that kinship caregivers have the information and resources to allow kinship families to function at their full potential, including—
“(A)
ensuring that those who are at risk of contracting COVID–19 have access to information and resources for necessities, including food, safety supplies, and testing and treatment for COVID–19;
“(B)
access to technology and technological supports needed for remote learning or other activities that must be carried out virtually due to the COVID–19 public health emergency;
“(C)
health care and other assistance, including legal assistance and assistance with making alternative care plans for the children in their care if the caregivers were to become unable to continue caring for the children;
“(D)
services to kinship families, including kinship families raising children outside of the foster care system; and
“(E)
assistance to allow children to continue safely living with kin.
“(d)

Territory Cap Exemption .—

42 U.S.C. 1308(a)(1)Section 1108(a)(1) of the Social Security Act [] shall be applied without regard to any amount paid to a territory pursuant to this section that would not have been paid to the territory in the absence of this section.”
, , , provided that:

section 8 of div. X of Pub. L. 116–260section 2 of div. X of Pub. L. 116–260section 629h of this title[For definitions of terms used in , set out above, see , set out as a note under .]

Evidence Standard Transition

Pub. L. 116–94, div. N, title I, § 602(b)133 Stat. 3120

“(1)

Temporary suspension of requirement that at least 50 percent of a state’s reimbursement for prevention and family services and programs be for programs and services that meet the well-supported practice requirement .—

42 U.S.C. 674(a)(6)(A)With respect to quarters in fiscal years 2020 and 2021, section 474(a)(6)(A) of the Social Security Act () shall be applied without regard to clause (ii) of such section.
“(2)

Supported practices temporarily treated as well-supported practices .—

42 U.S.C. 671(e)(4)(C)42 U.S.C. 674(a)(6)(A)(ii)With respect to quarters in fiscal years 2022 and 2023, practices that meet the criteria specified for supported practices in section 471(e)(4)(C) of the Social Security Act () shall be considered well-supported practices for purposes of section 474(a)(6)(A)(ii) of such Act ().”
, , , provided that:

Phase-in

Pub. L. 110–351, title II, § 203(b)122 Stat. 3959

42 U.S.C. 674(a)(3)(B)“With respect to an expenditure described in section 474(a)(3)(B) of the Social Security Act [] by reason of an amendment made by subsection (a) of this section [amending this section], in lieu of the percentage set forth in such section 474(a)(3)(B), the percentage that shall apply is—
“(1)
55 percent, if the expenditure is made in fiscal year 2009;
“(2)
60 percent, if the expenditure is made in fiscal year 2010;
“(3)
65 percent, if the expenditure is made in fiscal year 2011; or
“(4)
70 percent, if the expenditure is made in fiscal year 2012.”
, , , provided that: