Page:United States Statutes at Large Volume 98 Part 2.djvu/158

 98 STAT. 1318

PUBLIC LAW 98-378—AUG. 16, 1984

reimbursement of the Federal Government to the extent of its participation in the financing); "(2) shall be paid to the public agency responsible for supervising the placement of the child to the extent that the amounts collected exceed the foster care maintenance payments made with respect to the child during such period but not the amounts required by a court or administrative order to be paid as support on behalf of the child during such period; and the responsible agency may use the payments in the manner it determines will serve the best interests of the child, including setting such payments aside for the child's future needs or making all or a part thereof available to the person responsible for meeting the child's day-to-day needs; and "(3) shall be retained by the State, if any portion of the amounts collected remains after making the payments required under paragraphs (1) and (2), to the extent that such portion is necessary to reimburse the State (with appropriate reimbursement to the Federal Government to the extent of its participation in the financing) for any past foster care maintenance payments (or payments of aid to families with dependent children) which were made with respect to the child (and with respect to which past collections have not previously been retained); and any balance shall be paid to the State agency responsible for supervising the placement of the child, for use by such agency in accordance with paragraph (2).". Ante, p. 1145. (2) Section 457(b) of such Act is amended by inserting "(subject to 42 USC 657. subsection (d))" after "shall" in the matter preceding paragraph (1). (b) Part D of title IV of such Act is further amended— Post, p. 1319. (1) in section 454(4)(B), by inserting "including an assignment with respect to a child on whose behalf a State agency is making 42 USC 670. foster care maintenance payments under part E," immediately after "such assignment is effective,", and by inserting "or E" immediately after "part A"; and Ante, p. 1167. (2) in section 456(a), by inserting "or secured on behalf of a 42 USC 656. child receiving foster care maintenance pa5nnents" immediately after "section 402(a)(26)". 42 USC 671. (c) Section 471(a) of such Act is amended— (1) by striking out "and" at the end of paragraph (15); (2) by striking out the period at the end of paragraph (16) and inserting in lieu thereof "; and"; and (3) by adding at the end thereof the following new paragraph: "(17) provides that, where appropriate, all steps will be taken, including cooperative efforts with the State agencies adminis42 USC 601, 651. tering the plans approved under parts A and D, to secure an assignment to the State of any rights to support on behalf of each child receiving foster care maintenance payments under this part.". Post, p. 1322. (d) Section 464(a) of such Act is amended— (1) by inserting "or section 471(a)(17)" after "402(a)(26)"; and (2) by striking out "457(b)(3)" and inserting in lieu thereof "457 (b)(4) or (d)(3)". Effective date. (e) The amendments made by this section shall become effective 42 USC 654 note. October 1, 1984, and shall apply to collections made on or after that date.

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