Page:United States Statutes at Large Volume 94 Part 1.djvu/553

 PUBLIC LAW 96-272—JUNE 17, 1980

94 STAT. 503

such year) who, at any time during such year, will remain in foster care after having been in such care for a period in excess of twenty-four months, and (B) a description of the steps which will be taken by the State to achieve such goals; "(15) effective October 1, 1983, provides that, in each case, reasonable efforts will be made (A) prior to the placement of a child in foster care, to prevent or eliminate the need for removal of the child from his home, and (B) to make it possible for the child to return to his home; and "(16) provides for the development of a case plan (as defined in Case plan and case review section 475(1)) for each child receiving foster care maintenance system. payments under the State plan and provides for a case review system which meets the requirements described in section 475(5)(B) with respect to each such child. "(b) The Secretary shall approve any plan which complies with the Plan approval provisions of subsection (a) of this section. However, in any case in which the Secretary finds, after reasonable notice and opportunity for a hearing, that a State plan which has been approved by the Secretary no longer complies with the provisions of subsection (a), or that in the administration of the plan there is a substantial failure to comply with the provisions of the plan, the Secretary shall notify the State that further payments will not be made to the State under this part, or that such payments will be made to the State but reduced by an amount which the Secretary determines appropriate, until the Secretary is satisfied that there is no longer any such failure to comply, and until he is so satisfied he shall make no further payments to the State, or shall reduce such payments by the amount specified in his notification to the State. FOSTER CARE MAINTENANCE PAYMENTS PROGRAM

"SEC. 472. (a) Each State with a plan approved under this part shall 42 USC 672,/jos«, make foster care maintenance payments (as defined in section 475(4)) p. 513. under this part with respect to a child who would meet the requirements of section 406(a) or of section 407 but for his removal from the 42 USC 606, 607 home of a relative (specified in section 406(a)), if— "(1) the removal from the home was the result of a judicial determination to the effect that continuation therein would be contrary to the welfare of such child and (effective October 1, 1983) that reasonable efforts of the type described in section 471(a)(15) have been made; "(2) such child's placement and care are the responsibility of (A) the State agency administering the State plan approved under section 471, or (B) any other public agency with whom the State agency administering or supervising the administration of the State plan approved under section 471 has made an agreement which is still in effect; "(3) such child has been placed in a foster family home or childcare institution as a result of a determination referred to in paragraph (1); and "(4) such child— "(A) 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 such child from the home were initiated, or "(B)(i) would have received such aid in or for such month if application had been made therefor, or (ii) had been living

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