Page:United States Statutes at Large Volume 94 Part 1.djvu/565

 PUBLIC LAW 96-272—JUNE 17, 1980 G)X1) Effective with respect to expenditures made after September 30, 1979 (but subject to the repeal provided under section 101(a)(2)(A) and (B)), section 408(a) of the Social Security Act is amended— (A) by inserting "pursuant to a voluntary placement agreement entered into by the child's parent or legal guardian, or" after "(specified in such section 406(a))" in clause (1); (B) by striking out "such determination" in clause (3) and inserting in lieu thereof "such voluntary placement agreement or judicial determination"; (C) by inserting "such agreement was entered into or" after "the month in wmch" in clause (4)(A); and (D) by inserting "such agreement was entered into or" after "the month in wmch" in clause (4)(B)(ii). (2) Section 408 of such Act is further amended by adding at the end thereof the following new paragraph: "For the purposes of this section, the provisions of subsections (d), (e), (f), and (g) of section 472 shall apply.". (c) The amendments made by subsections (a) and (b) shall be effective only with respect to expenditures made grfter September 30, 1979, and before October 1, 1983; and from and after October 1, 1983, the provisions of law amended by such subsections shall read as they would if this section had not been enacted. (d)(1) For purposes of section 472 of the Social Security Act, a child who was voluntarily removed from the home of a relative and who had a judicial determination prior to October 1, 1978, to the effect that continuation therein would be contrary to the welfare of such child, shall be deemed to have been so removed as a result of such judicial determination if, and from the date that, a case plan and a review meeting the requirements of section 471(a)(16) of such Act have been made with respect to such child and such child is determined to be in need of foster care as a result of such review. In the case of any child described in the preceding sentence, for purposes of section 472(a)(4) of such Act, the date of the voluntary removal shall be deemed to be the date on which court proceedings are initiated which led to such removal. (2) For purposes of section 408 of the Social Security Act (but subject to the repeeil provided under section 101(a)(2)(A) and (B)), in any case where a child was voluntarily removed from the home of a relative prior to October 1, 1979, and a judicial determination was made (prior to October 1, 1978) to the effect that continuation in such home would have been contrary to the child's welfare— (A) such child shall be deemed to have been so removed as a result of a judicial determination to the effect that continuation in such home would be contrary to the welfare of such child, and (B) Federal financial participation under the applicable State plan approved under section 402 of the Social Security Act for quarters beginning prior to October 1, 1979, shall not be denied with respect to aid furnished under such plan to or on behalf of such child. For purposes of subsection (a)(4) of such section 408, the date of such child's voluntary removal shall be deemed to be the date on which court proceedings were initiated which led to such removal. (e) The Secretary of Health, Education, and Welfare, within three months after the close of each fiscal year with respect to which the amendments made by this section are in effect, shall submit to the Congress a full and complete report on the number of children placed in foster care pursuant to voluntary placement agreements under

94 STAT. 515

Ante, p. 512.

42 USC 606.

Ante, p. 503. Effective date. 42 USC 672 note, 608, 672, 673, 675. 42 USC 672 note.

Ante, p. 501.

42 USC 608 note. Ante, p. 512.

42 USC 602.

Ante, p. 512.

Report to Congress. 42 USC 672 note.

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