Page:United States Statutes at Large Volume 120.djvu/640

 PUBLIC LAW 109–248—JULY 27, 2006

120 STAT. 609

‘‘(C) provides that the State shall— ‘‘(i) check any child abuse and neglect registry maintained by the State for information on any prospective foster or adoptive parent and on any other adult living in the home of such a prospective parent, and request any other State in which any such prospective parent or other adult has resided in the preceding 5 years, to enable the State to check any child abuse and neglect registry maintained by such other State for such information, before the prospective foster or adoptive parent may be finally approved for placement of a child, regardless of whether foster care maintenance payments or adoption assistance payments are to be made on behalf of the child under the State plan under this part; ‘‘(ii) comply with any request described in clause (i) that is received from another State; and ‘‘(iii) have in place safeguards to prevent the unauthorized disclosure of information in any child abuse and neglect registry maintained by the State, and to prevent any such information obtained pursuant to this subparagraph from being used for a purpose other than the conducting of background checks in foster or adoptive placement cases;’’. (2) SUSPENSION OF OPT-OUT.—Section 471(a)(20)(B) of such Act (42 U.S.C. 671(a)(20)(B)) is amended— (A) by inserting ‘‘, on or before September 30, 2005,’’ after ‘‘plan if’’; and (B) by inserting ‘‘, on or before such date,’’ after ‘‘or if’’. (b) ELIMINATION OF OPT-OUT.—Section 471(a)(20) of such Act (42 U.S.C. 671(a)(20)), as amended by subsection (a) of this section, is amended— (1) in subparagraph (A), in the matter preceding clause (i), by striking ‘‘unless an election provided for in subparagraph (B) is made with respect to the State,’’; and (2) by striking subparagraph (B) and redesignating subparagraph (C) as subparagraph (B). (c) EFFECTIVE DATE.— (1) GENERAL.—The amendments made by subsection (a) shall take effect on October 1, 2006, and shall apply with respect to payments under part E of title IV of the Social Security Act for calendar quarters beginning on or after such date, without regard to whether regulations to implement the amendments are promulgated by such date. (2) ELIMINATION OF OPT-OUT.—The amendments made by subsection (b) shall take effect on October 1, 2008, and shall apply with respect to payments under part E of title IV of the Social Security Act for calendar quarters beginning on or after such date, without regard to whether regulations to implement the amendments are promulgated by such date. (3) DELAY PERMITTED IF STATE LEGISLATION REQUIRED.— If the Secretary of Health and Human Services determines that State legislation (other than legislation appropriating funds) is required in order for a State plan under section 471 of the Social Security Act to meet the additional requirements imposed by the amendments made by a subsection of this section, the plan shall not be regarded as failing to meet

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42 USC 671 note.

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