WHAT THE LAW DOINCongress, in plain words

The law › Title 42, The Public Health and Welfare › Chapter 7

42 U.S.C. 671: State plan for foster care and adoption assistance

Created in 1980 by Public Law 96-272. Changed by 25 later laws. 1 bill in this Congress would change it.

This Congress

  • H.R. 10865 Samier Amer Foster Care Improvement Act of 2026 · introduced · would change (a)

How it got here

2023

  • Pub. L. 117–348 substituted "Children (referred to in this subparagraph as 'NCMEC'), and that the State agency shall maintain regular communication with law enforcement agencies and NCMEC in efforts to provide a safe recovery of a missing or abducted child or youth, including by… (Trafficking Victims Prevention and Protection Reauthorization Act of 2022) Law text · (a)

2018

  • Pub. L. 115–123, §50711(a)(1), substituted ", adoption assistance in accordance with section 673 of this title, and, at the option of the State, services or programs specified in subsection (e)(1) of this section for children who are candidates for foster care or who are pregnant or… (Bipartisan Budget Act of 2018) Law text · (a)
  • Pub. L. 115–165 inserted "the program established by subchapter II," after "XX,". (Strengthening Protections for Social Security Beneficiaries Act of 2018) Law text · (a)
  • Pub. L. 115–123, §50745(b), substituted "section 534(f)(3)(A)" for "section 534(e)(3)(A)". (Bipartisan Budget Act of 2018) Law text · (a), (C)
  • Pub. L. 115–123, §50745(a), added subpar. (D). (Bipartisan Budget Act of 2018) Law text · (a)
  • Pub. L. 115–123, §50722(a), substituted "provides" for "provide" and inserted ", which, in the case of a State other than the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, or American Samoa, not later than October 1, 2027, shall include the use of an electron… (Bipartisan Budget Act of 2018) Law text · (a)
  • Pub. L. 115–123, §50731(b), added par. (36). (Bipartisan Budget Act of 2018) Law text · (a)
  • Pub. L. 115–123, §50741(d)(1), added par. (37). (Bipartisan Budget Act of 2018) Law text · (a)
  • Pub. L. 115–123, §50711(a)(2), added subsec. (e). (Bipartisan Budget Act of 2018) Law text · (e)
  • Pub. L. 115–271, §8082(b)(1), inserted ", nor shall the provision of such services or programs be construed to permit the State to reduce medical or other assistance available to a recipient of such services or programs" after "under this chapter". (Substance Use-Disorder Prevention that Promotes Opioid Recovery and Treatment for Patients and Communities Act" or the "SUPPORT for Patients and Communities Act) Law text · (e)
  • Pub. L. 115–271, §8082(b)(2), added subpar. (C). (Substance Use-Disorder Prevention that Promotes Opioid Recovery and Treatment for Patients and Communities Act" or the "SUPPORT for Patients and Communities Act) Law text · (e)

2014

  • Pub. L. 113–183, §101(a), added subpar. (C). (Preventing Sex Trafficking and Strengthening Families Act) Law text · (a)
  • Pub. L. 113–183, §111(b), amended par. (10) generally. Prior to amendment, par. (10) read as follows: "provides for the establishment or designation of a State authority or authorities which shall be responsible for establishing and maintaining standards for foster family homes and… (Preventing Sex Trafficking and Strengthening Families Act) Law text · (a)
  • Pub. L. 113–183, §112(b)(2)(A)(ii), inserted "and in accordance with the requirements of section 675a of this title" after "section 675(1) of this title" and substituted "sections 675(5) and 675a of this title" for "section 675(5)(B) of this title". (Preventing Sex Trafficking and Strengthening Families Act) Law text · (a)
  • Pub. L. 113–183, §111(a)(2), substituted "includes" for "include" and "that the preparation will" for "and that such preparation will" and inserted before semicolon at end ", and that the preparation shall include knowledge and skills relating to the reasonable and prudent parent s… (Preventing Sex Trafficking and Strengthening Families Act) Law text · (a)
  • Pub. L. 113–183, §209(a)(1), substituted "the following relatives: all adult grandparents, all parents of a sibling of the child, where such parent has legal custody of such sibling," for "all adult grandparents". (Preventing Sex Trafficking and Strengthening Families Act) Law text · (a)
  • Pub. L. 113–183, §102(a), added par. (34). (Preventing Sex Trafficking and Strengthening Families Act) Law text · (a)
  • Pub. L. 113–183, §104, added par. (35). (Preventing Sex Trafficking and Strengthening Families Act) Law text · (a)
  • Pub. L. 113–183, §102(b), added subsec. (d). (Preventing Sex Trafficking and Strengthening Families Act) Law text · (d)

2010

  • Pub. L. 111–148 inserted "division A of" before "subchapter XX". (Patient Protection and Affordable Care Act) Law text · (a)

2008

  • Pub. L. 110–351, §104(a), substituted "civil rights, provides" for "civil rights, and provides" and inserted ", and provides that a waiver of any such standard may be made only on a case-by-case basis for non-safety standards (as determined by the State) in relative foster family h… (Fostering Connections to Success and Increasing Adoptions Act of 2008) Law text · (a)
  • Pub. L. 110–351, §101(c)(2)(A)(i), which directed insertion of "and" at end of subpar. (C), was executed by making the insertion at end of subpar. (B), to reflect the probable intent of Congress and the redesignation of subpar. (C) as (B) by Pub. L. 109–248, §152(b)(2). See 2006… (Fostering Connections to Success and Increasing Adoptions Act of 2008) Law text · (a)
  • Pub. L. 110–351, §101(c)(2)(B)(i)(II), redesignated subpar. (D) as (C). See Codification note above. (Fostering Connections to Success and Increasing Adoptions Act of 2008) Law text · (a)
  • Pub. L. 110–351, §101(c)(2)(B)(i)(II), redesignated subpar. (D) as (C). See Codification note above. (Fostering Connections to Success and Increasing Adoptions Act of 2008) Law text · (a)
  • Pub. L. 110–351, §101(c)(2)(B)(i)(I), substituted "subparagraph (B)" for "subparagraph (C)". See Codification note above. (Fostering Connections to Success and Increasing Adoptions Act of 2008) Law text · (a)
  • Pub. L. 110–351, §101(c)(2)(A)(ii), added subpar. (D). (Fostering Connections to Success and Increasing Adoptions Act of 2008) Law text · (a)
  • Pub. L. 110–351, §101(a), added par. (28). (Fostering Connections to Success and Increasing Adoptions Act of 2008) Law text · (a)
  • Pub. L. 110–351, §103, added par. (29). (Fostering Connections to Success and Increasing Adoptions Act of 2008) Law text · (a)
  • Pub. L. 110–351, §204(b), added par. (30). (Fostering Connections to Success and Increasing Adoptions Act of 2008) Law text · (a)
  • Pub. L. 110–351, §206, added par. (31). (Fostering Connections to Success and Increasing Adoptions Act of 2008) Law text · (a)
  • Pub. L. 110–351, §301(c)(1)(A), added par. (32). (Fostering Connections to Success and Increasing Adoptions Act of 2008) Law text · (a)
  • Pub. L. 110–351, §403, added par. (33). (Fostering Connections to Success and Increasing Adoptions Act of 2008) Law text · (a)

2006

  • Pub. L. 109–171, §7401(c)(1), inserted "subject to subsection (c)," after "(8)". (Deficit Reduction Act of 2005) Law text · (a)
  • Pub. L. 109–239, §10(a), inserted "(including, if appropriate, through an interstate placement)" after "accordance with the permanency plan". (Safe and Timely Interstate Placement of Foster Children Act of 2006) Law text · (a)
  • Pub. L. 109–239, §10(b), inserted ", which considers in-State and out-of-State permanent placement options for the child," before "shall". (Safe and Timely Interstate Placement of Foster Children Act of 2006) Law text · (a)
  • Pub. L. 109–239, §10(c), inserted ", including identifying appropriate in-State and out-of-State placements" before "may". (Safe and Timely Interstate Placement of Foster Children Act of 2006) Law text · (a)
  • Pub. L. 109–248, §152(b)(1), struck out "unless an election provided for in subparagraph (B) is made with respect to the State," before "provides procedures" in introductory provisions. (Adam Walsh Child Protection and Safety Act of 2006) Law text · (a)
  • Pub. L. 109–248, §152(a)(1)(A)(i), which directed amendment of subpar. (A) by inserting ", including fingerprint-based checks of national crime information databases (as defined in section 534(e)(3)(A) of title 28)," after "criminal records checks" and substituting "regardless of whether foster car… (Adam Walsh Child Protection and Safety Act of 2006) Law text · (a)
  • Pub. L. 109–248, §152(a)(1)(A)(ii), inserted "involving a child on whose behalf such payments are to be so made" after "in any case". (Adam Walsh Child Protection and Safety Act of 2006) Law text · (a), (ii)
  • Pub. L. 109–248, §152(b)(2), redesignated subpar. (C) as (B) and struck out former subpar. (B) which read as follows: "subparagraph (A) shall not apply to a State plan if, on or before September 30, 2005, the Governor of the State has notified the Secretary in writing that the S… (Adam Walsh Child Protection and Safety Act of 2006) Law text · (a)
  • Pub. L. 109–248, §152(a)(2), inserted ", on or before September 30, 2005," after "plan if" and ", on or before such date," after "or if". (Adam Walsh Child Protection and Safety Act of 2006) Law text · (a)
  • Pub. L. 109–248, §152(b)(2), redesignated subpar. (C) as (B). (Adam Walsh Child Protection and Safety Act of 2006) Law text · (a)
  • Pub. L. 109–248, §152(a)(1)(B), added subpar. (C). (Adam Walsh Child Protection and Safety Act of 2006) Law text · (a)
  • Pub. L. 109–239, §3, added par. (25). (Safe and Timely Interstate Placement of Foster Children Act of 2006) Law text · (a)
  • Pub. L. 109–239, §4(a)(1), added par. (26). (Safe and Timely Interstate Placement of Foster Children Act of 2006) Law text · (a)
  • Pub. L. 109–432 added par. (27). (Tax Relief and Health Care Act of 2006) Law text · (a)
  • Pub. L. 109–171, §7401(c)(2), added subsec. (c). (Deficit Reduction Act of 2005) Law text · (c)

1999

  • Pub. L. 106–169, §401(o), struck out "(including activities under part F of this subchapter)" after "part A, B, or D of this subchapter". (Foster Care Independence Act of 1999) Law text · (a)
  • Pub. L. 106–169, §112(a), added par. (24). (Foster Care Independence Act of 1999) Law text · (a)

1998

  • Pub. L. 105–200 added par. (23). (Child Support Performance and Incentive Act of 1998) Law text · (a)

1997

  • Pub. L. 105–89, §101(a), amended par. (15) generally. Prior to amendment, par. (15) read as follows: "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 r… (Adoption and Safe Families Act of 1997) Law text · (a)
  • Pub. L. 105–33, §5591(b)(1), struck out "and" at end. (Balanced Budget Act of 1997) Law text · (a)
  • Pub. L. 105–33, §5591(b)(3), redesignated par. (18), relating to preference to adult relatives, as (19). (Balanced Budget Act of 1997) Law text · (a)
  • Pub. L. 105–33, §5591(b)(2), substituted "; and" for period at end of par. (18) relating to denial or delay of adoption or foster care on basis of race, color, or national origin. (Balanced Budget Act of 1997) Law text · (a)
  • Pub. L. 105–33, §5591(b)(3), redesignated par. (18), relating to preference to adult relatives, as (19). (Balanced Budget Act of 1997) Law text · (a)
  • Pub. L. 105–89, §106, added par. (20). (Adoption and Safe Families Act of 1997) Law text · (a)
  • Pub. L. 105–89, §306, added par. (21). (Adoption and Safe Families Act of 1997) Law text · (a)
  • Pub. L. 105–89, §308, added par. (22). (Adoption and Safe Families Act of 1997) Law text · (a)

1996

  • Pub. L. 104–193, §108(d)(2), substituted "program funded under part A and plan approved under part D" for "plans approved under parts A and D". (Personal Responsibility and Work Opportunity Reconciliation Act of 1996) Law text · (a)
  • Pub. L. 104–193, §505(3), added par. (18) relating to preference to adult relatives. (Personal Responsibility and Work Opportunity Reconciliation Act of 1996) Law text · (a)
  • Pub. L. 104–188, §1808(a)(3), added par. (18) relating to denial or delay of adoption or foster care on basis of race, color, or national origin. (Small Business Job Protection Act of 1996) Law text · (a)

1994

  • Pub. L. 103–432 struck out after first sentence "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) of this section… · (b)

1993

  • Pub. L. 103–66 substituted "subpart 1 of part B" for "part B". · (a)

1990

  • Pub. L. 101–508, §5054(b)(2), added cl. (E). · (a)
  • Pub. L. 101–508, §5054(b)(1), amended par. (9) generally. Prior to amendment, par. (9) read as follows: "provides that where any agency of the State has reason to believe that the home or institution in which a child resides whose care is being paid for in whole or in part with fund… · (a)

1988

  • Pub. L. 100–485 substituted "part A, B, or D of this subchapter (including activities under part F of this subchapter)" for "part A, B, C, or D of this subchapter". · (a)

1986

  • Pub. L. 99–514 substituted "adoption assistance" for "adoption assistance payments". · (a), (11)

1984

  • Pub. L. 98–378 added par. (17). · (a)

1982

  • Pub. L. 97–248 amended Pub. L. 97–35, §2353(r), generally. See 1981 Amendment note below. · (a)

1981

  • Pub. L. 97–35, §2353(r), as amended by Pub. L. 97–248, §160(d), substituted provisions that in order for a State to be eligible for payments under this part a State plan must provide for establishment or designation of a State authority or authorities responsible for standards for … · (a)

Text, outline and history from the official U.S. Code (2024 edition) on GovInfo, published by the Office of the Law Revision Counsel. Changes made after that edition appear under This Congress.