Page:United States Statutes at Large Volume 122.djvu/3981

 12 2 STA T .3958PUBLIC LA W 11 0– 351 —O CT. 7, 2008 ‘ ‘ (i) ( I ) who i s i nf os terca re u n d er the res p onsi b i l it y of the S tate ‘‘(II) with respect to who m an adoption assistance a g reement is in effect under section 473 if the child had attained 16 years of age before the agreement became effecti v e; or ‘‘(III) with respect to whom a k inship guardianship assistance agreement is in effect under section 473(d) if the child had attained 16 years of age before the agreement became effective; ‘‘(ii) who has attained 1 8 years of age; ‘‘(iii) who has not attained 1 9,20, or 21 years of age, as the State may elect; and ‘‘(iv) who is — ‘‘(I) completing secondary education or a program leading to an e q uivalent credential; ‘‘(II) enrolled in an institution which provides post - secondary or vocational education; ‘‘(III) participating in a program or activity designed to promote, or remove barriers to, employ- ment; ‘‘(I V ) employed for at least 80 hours per month; or ‘‘(V) incapable of doing any of the activities described in subclauses (I) through (IV) due to a med- ical condition, which incapability is supported by regu- larly updated information in the case plan of the child .’ ’. (b) CONF O RMI N GA M E N D MEN T TO D EFINITION OF C H I L D-C A RE IN S TIT U TION.—Section 472(c)(2) of such Act (42 U .S.C. 672(c)(2)) is amended by inserting ‘‘e x cept, in the case of a child who has attained 18 years of age, the term shall include a supervised setting in which the individual is living independently, in accordance with such conditions as the Secretary shall establish in regulations,’’ before ‘‘but’’. (c) CONFORMING AMENDMENTS TO AGE L IMITS A P PLI C A B LE TO CHILDREN E LIGIBLE FOR ADOPTION ASSISTANCE OR K INSHIP G UARDIANSHIP ASSISTANCE.—Section 473(a)(4) of such Act (42 U.S.C. 673(a)(4)) is amended to read as follows

‘‘(4)(A) N otwithstanding any other provision of this section, a payment may not be made pursuant to this section to parents or relative guardians with respect to a child— ‘‘(i) who has attained— ‘‘(I) 18 years of age, or such greater age as the State may elect under section 47 5 (8)( B )(iii); or ‘‘(II) 21 years of age, if the State determines that the child has a mental or physical handicap which warrants the continuation of assistance; ‘‘(ii) who has not attained 18 years of age, if the State determines that the parents or relative guardians, as the case may be, are no longer legally responsible for the support of the child; or ‘‘(iii) if the State determines that the child is no longer receiving any support from the parents or relative guardians, as the case may be. ‘‘(B) P arents or relative guardians who have been receiving adoption assistance payments or kinship guardianship assistance Regulations.

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