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United States · Law · HR

H.R. 3434 (96th)

Adoption Assistance and Child Welfare Act of 1980

openUnited States· United States Congress· EN

Introduced

4 April 1979

Last action

Status

Public Law 96-272.

Sponsors

Subjects

Discovery layer

Source updated

7 February 2024

Summary

Social Services and Child Welfare Amendments of 1979 - Title I: Social Services - Amends title XX (Grants to States for Services) of the Social Security Act to increase the total amount allocable to the States for social services to $3,100,000,000. Provides 100 percent Federal matching funds for child day care services under title XX, to the extent that a State's expenditures do not exceed a certain level, during fiscal years 1980 and 1981. Stipulates that to the maximum extent feasible such funds should be used to increase the employment of welfare recipients and other low-income persons in jobs related to the provision of child day care services. States that funds granted by a State to a qualified provider of child day care services for the payment of wages in jobs related to the provision of child day care services shall, for the purposes of title XX, constitute expenditures for the provision of child day care services. Authorizes expenditures for personnel training or retraining under title XX to exceed, according to a certain formula, the limits set for such expenditures if a State submits a training plan, approved by the Secretary of Health, Education, and Welfare, specifying in detail how funds for such training and retraining will be used. Requires State officials to consult with local officials in developing a comprehensive services program plan. Makes permanent the provisions of title XX permitting expenditures for the initial detoxification of alcoholics and drug addicts living in hospitals, extended or intermediate care facilities, prisons, or foster homes. Permits expenditures for the provision of emergency shelter, not in excess of 30 days in any six month period, provided as a protective service to an adult in danger of physical or mental injury, neglect, maltreatment or exploitation. Directs the Secretary to allocate $100,000 annually to the Northern Mariana Islands for the administration of its plan under part A (Aid to Families with Dependent Children) of title IV of the Social Security Act. Title II: Child Welfare Services, Foster Care, and Adoption Assistance - Sets forth revised State plan requirements under part B (Child Welfare Services) of title IV of the Social Security Act, including a States requirement to provide that the standards and requirements with respect to child day care under title XX shall apply with respect to day care services under part B of title IV. Directs the Secretary to pay from a State's part B allotment an amount equal to 75 percent of the State's expenses for child welfare services. Requires States, in order to be eligible for certain additional allotments under part B, to: (1) complete case reviews of children in foster care under the responsibility of the State; (2) issue a report based on such reviews; and (3) take such actions as necessary to establish and place in effect laws and regulations which provide specified safeguards and protective measures to assure proper foster care placement, including a fair hearing procedure for any parent, foster parent, guardian or child who believes that he or she has been aggrieved by the foster care program. Sets forth the definition of terms used in this Act, including the term "child welfare services." Defines such term to mean, among other things: (1) protecting and promoting the welfare of all children; (2) preventing the unnecessary separation of children from their families; and (3) placing children in suitable adoptive homes where restoration to the biological family is not possible or appropriate. Requires each State having a plan approved under part A of title IV to make adoption assistance payments to parents who adopt a child who is eligible for assistance under such part and who is determined by the State to be a child with special needs. Stipulates that such payments shall take into account the economic circumstances of the adopting parents and the needs of the child. Defines a child with special needs as a child who: (1) cannot or should not be returned to his or her biological family; (2) is difficult to place because of ethnic background, age, or physical or mental handicaps; and (3) has not been able to be placed with appropriate adoptive parents without adoption assistance payments. Title III: Miscellaneous - Amends part A (General Provisions) of title XI of the Social Security Act to increase the maximum amount of payments payable to Puerto Rico, the Virgin Islands, and Guam for services and items under titles I (Old-Age and Medical Assistance), X (Aid to the Blind), XIV (Aid to the Permanently and Totally Disabled), XVI (Supplemental Security Income), and IV (part A) of the Social Security Act.

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