PUBLIC LAW 110–351—OCT. 7, 2008 122 STAT. 3949 

Public Law 110–351 

110th Congress 

An Act 

To amend parts B and E of title IV of the Social Security Act to connect and 

support relative caregivers, improve outcomes for children in foster care, provide 

for tribal foster care and adoption access, improve incentives for adoption, and 

for other purposes. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Fostering Connections to Success 

and Increasing Adoptions Act of 2008’’. 

SEC. 2. TABLE OF CONTENTS. 

The table of contents of this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Table of contents. 

TITLE I—CONNECTING AND SUPPORTING RELATIVE CAREGIVERS 

Sec. 101. Kinship guardianship assistance payments for children. 

Sec. 102. Family connection grants. 

Sec. 103. Notification of relatives. 

Sec. 104. Licensing standards for relatives. 

Sec. 105. Authority for comparisons and disclosures of information in the Federal 

Parent Locator Service for child welfare, foster care, and adoption assistance program purposes. 

TITLE II—IMPROVING OUTCOMES FOR CHILDREN IN FOSTER CARE 

Sec. 201. State option for children in foster care, and certain children in an adoptive or guardianship placement, after attaining age 18. 

Sec. 202. Transition plan for children aging out of foster care. 

Sec. 203. Short-term training for child welfare agencies, relative guardians, and 

court personnel. 

Sec. 204. Educational stability. 

Sec. 205. Health oversight and coordination plan. 

Sec. 206. Sibling placement. 

TITLE III—TRIBAL FOSTER CARE AND ADOPTION ACCESS 

Sec. 301. Equitable access for foster care and adoption services for Indian children 

in tribal areas. 

Sec. 302. Technical assistance and implementation. 

TITLE IV—IMPROVEMENT OF INCENTIVES FOR ADOPTION 

Sec. 401. Adoption incentives program. 

Sec. 402. Promotion of adoption of children with special needs. 

Sec. 403. Information on adoption tax credit. 

TITLE V—CLARIFICATION OF UNIFORM DEFINITION OF CHILD AND 

OTHER PROVISIONS 

Sec. 501. Clarification of uniform definition of child. 

Sec. 502. Investment of operating cash. 

Sec. 503. No Federal funding to unlawfully present individuals. 

42 USC 1305 

note. 

Fostering 

Connections to 

Success and 

Increasing 

Adoptions Act of 

2008. 

Oct. 7, 2008 

[H.R. 6893] 


kgrant on POHRRP4G1 with PUBLAW
122 STAT. 3950 PUBLIC LAW 110–351—OCT. 7, 2008 

TITLE VI—EFFECTIVE DATE 

Sec. 601. Effective date. 

TITLE I—CONNECTING AND 

SUPPORTING RELATIVE CAREGIVERS 

SEC. 101. KINSHIP GUARDIANSHIP ASSISTANCE PAYMENTS FOR CHILDREN. 

(a) STATE PLAN OPTION.—Section 471(a) of the Social Security 

Act (42 U.S.C. 671(a)) is amended— 

(1) by striking ‘‘and’’ at the end of paragraph (26); 

(2) by striking the period at the end of paragraph (27) 

and inserting ‘‘; and’’; and 

(3) by adding at the end the following: 

‘‘(28) at the option of the State, provides for the State 

to enter into kinship guardianship assistance agreements to 

provide kinship guardianship assistance payments on behalf 

of children to grandparents and other relatives who have 

assumed legal guardianship of the children for whom they 

have cared as foster parents and for whom they have committed 

to care on a permanent basis, as provided in section 473(d).’’. 

(b) IN GENERAL.—Section 473 of such Act (42 U.S.C. 673) is 

amended by adding at the end the following: 

‘‘(d) KINSHIP GUARDIANSHIP ASSISTANCE PAYMENTS FOR CHILDREN.— 

‘‘(1) KINSHIP GUARDIANSHIP ASSISTANCE AGREEMENT.— 

‘‘(A) IN GENERAL.—In order to receive payments under 

section 474(a)(5), a State shall— 

‘‘(i) negotiate and enter into a written, binding 

kinship guardianship assistance agreement with the 

prospective relative guardian of a child who meets 

the requirements of this paragraph; and 

‘‘(ii) provide the prospective relative guardian with 

a copy of the agreement. 

‘‘(B) MINIMUM REQUIREMENTS.—The agreement shall 

specify, at a minimum— 

‘‘(i) the amount of, and manner in which, each 

kinship guardianship assistance payment will be provided under the agreement, and the manner in which 

the payment may be adjusted periodically, in consultation with the relative guardian, based on the circumstances of the relative guardian and the needs 

of the child; 

‘‘(ii) the additional services and assistance that 

the child and relative guardian will be eligible for 

under the agreement; 

‘‘(iii) the procedure by which the relative guardian 

may apply for additional services as needed; and 

‘‘(iv) subject to subparagraph (D), that the State 

will pay the total cost of nonrecurring expenses associated with obtaining legal guardianship of the child, 

to the extent the total cost does not exceed $2,000. 

‘‘(C) INTERSTATE APPLICABILITY.—The agreement shall 

provide that the agreement shall remain in effect without 

regard to the State residency of the relative guardian. 


kgrant on POHRRP4G1 with PUBLAW
PUBLIC LAW 110–351—OCT. 7, 2008 122 STAT. 3951 

‘‘(D) NO EFFECT ON FEDERAL REIMBURSEMENT.— Nothing in subparagraph (B)(iv) shall be construed as 

affecting the ability of the State to obtain reimbursement 

from the Federal Government for costs described in that 

subparagraph. 

‘‘(2) LIMITATIONS ON AMOUNT OF KINSHIP GUARDIANSHIP

ASSISTANCE PAYMENT.—A kinship guardianship assistance payment on behalf of a child shall not exceed the foster care 

maintenance payment which would have been paid on behalf 

of the child if the child had remained in a foster family home. 

‘‘(3) CHILD’S ELIGIBILITY FOR A KINSHIP GUARDIANSHIP

ASSISTANCE PAYMENT.— ‘‘(A) IN GENERAL.—A child is eligible for a kinship 

guardianship assistance payment under this subsection if 

the State agency determines the following: 

‘‘(i) The child has been— 

‘‘(I) removed from his or her home pursuant 

to a voluntary placement agreement or as a result 

of a judicial determination to the effect that 

continuation in the home would be contrary to 

the welfare of the child; and 

‘‘(II) eligible for foster care maintenance payments under section 472 while residing for at least 

6 consecutive months in the home of the prospective relative guardian. 

‘‘(ii) Being returned home or adopted are not appropriate permanency options for the child. 

‘‘(iii) The child demonstrates a strong attachment 

to the prospective relative guardian and the relative 

guardian has a strong commitment to caring permanently for the child. 

‘‘(iv) With respect to a child who has attained 

14 years of age, the child has been consulted regarding 

the kinship guardianship arrangement. 

‘‘(B) TREATMENT OF SIBLINGS.—With respect to a child 

described in subparagraph (A) whose sibling or siblings 

are not so described— 

‘‘(i) the child and any sibling of the child may 

be placed in the same kinship guardianship arrangement, in accordance with section 471(a)(31), if the State 

agency and the relative agree on the appropriateness 

of the arrangement for the siblings; and 

‘‘(ii) kinship guardianship assistance payments 

may be paid on behalf of each sibling so placed.’’. 

(c) CONFORMING AMENDMENTS.— 

(1) ELIGIBILITY FOR ADOPTION ASSISTANCE PAYMENTS.—Section 473(a)(2) of such Act (42 U.S.C. 673(a)(2)) is amended 

by adding at the end the following: 

‘‘(D) In determining the eligibility for adoption assistance 

payments of a child in a legal guardianship arrangement 

described in section 471(a)(28), the placement of the child with 

the relative guardian involved and any kinship guardianship 

assistance payments made on behalf of the child shall be considered never to have been made.’’. 

(2) STATE PLAN REQUIREMENT.— (A) IN GENERAL.—Section 471(a)(20) of such Act (42 

U.S.C. 671(a)(20)) is amended— 


kgrant on POHRRP4G1 with PUBLAW
122 STAT. 3952 PUBLIC LAW 110–351—OCT. 7, 2008 

(i) by adding ‘‘and’’ at the end of subparagraph 

(C); and 

(ii) by adding at the end the following: 

‘‘(D) provides procedures for criminal records checks, 

including fingerprint-based checks of national crime 

information databases (as defined in section 534(e)(3)(A) 

of title 28, United States Code), on any relative guardian, 

and for checks described in subparagraph (C) of this paragraph on any relative guardian and any other adult living 

in the home of any relative guardian, before the relative 

guardian may receive kinship guardianship assistance payments on behalf of the child under the State plan under 

this part;’’. 

(B) REDESIGNATION OF NEW PROVISION AFTER AMEND- MENT MADE BY PRIOR LAW TAKES EFFECT.— (i) IN GENERAL.—Section 471(a)(20) of the Social 

Security Act (42 U.S.C. 671(a)(20)) is amended— 

(I) in subparagraph (D), by striking ‘‘(C)’’ and 

inserting ‘‘(B)’’; and 

(II) by redesignating subparagraph (D) as 

subparagraph (C). 

(ii) EFFECTIVE DATE.—The amendments made by 

clause (i) shall take effect immediately after the 

amendments made by section 152 of Public Law 109– 

248 take effect. 

(3) PAYMENTS TO STATES.—Section 474(a) of such Act (42 

U.S.C. 674(a)) is amended— 

(A) by striking the period at the end and inserting 

‘‘; plus’’; and 

(B) by adding at the end the following: 

‘‘(5) an amount equal to the percentage by which the 

expenditures referred to in paragraph (2) of this subsection 

are reimbursed of the total amount expended during such 

quarter as kinship guardianship assistance payments under 

section 473(d) pursuant to kinship guardianship assistance 

agreements.’’. 

(4) CASE PLAN REQUIREMENTS.—Section 475(1) of such Act 

(42 U.S.C. 675(1)) is amended by adding at the end the following: 

‘‘(F) In the case of a child with respect to whom the 

permanency plan is placement with a relative and receipt 

of kinship guardianship assistance payments under section 

473(d), a description of— 

‘‘(i) the steps that the agency has taken to determine that it is not appropriate for the child to be 

returned home or adopted; 

‘‘(ii) the reasons for any separation of siblings 

during placement; 

‘‘(iii) the reasons why a permanent placement with 

a fit and willing relative through a kinship guardianship assistance arrangement is in the child’s best 

interests; 

‘‘(iv) the ways in which the child meets the eligibility requirements for a kinship guardianship assistance payment; 

‘‘(v) the efforts the agency has made to discuss 

adoption by the child’s relative foster parent as a more 

42 USC 671 note. 


kgrant on POHRRP4G1 with PUBLAW
PUBLIC LAW 110–351—OCT. 7, 2008 122 STAT. 3953 

permanent alternative to legal guardianship and, in 

the case of a relative foster parent who has chosen 

not to pursue adoption, documentation of the reasons 

therefor; and 

‘‘(vi) the efforts made by the State agency to discuss with the child’s parent or parents the kinship 

guardianship assistance arrangement, or the reasons 

why the efforts were not made.’’. 

(5) SECTION HEADING AMENDMENT.—The section heading 

for section 473 of such Act (42 U.S.C. 673) is amended by 

inserting ‘‘AND GUARDIANSHIP’’ after ‘‘ADOPTION’’. 

(d) CONTINUED SERVICES UNDER WAIVER.—Section 474 of such 

Act (42 U.S.C. 674) is amended by adding at the end the following: 

‘‘(g) For purposes of this part, after the termination of a demonstration project relating to guardianship conducted by a State 

under section 1130, the expenditures of the State for the provision, 

to children who, as of September 30, 2008, were receiving assistance 

or services under the project, of the same assistance and services 

under the same terms and conditions that applied during the conduct of the project, are deemed to be expenditures under the State 

plan approved under this part.’’. 

(e) ELIGIBILITY FOR INDEPENDENT LIVING SERVICES AND EDU- CATION AND TRAINING VOUCHERS FOR CHILDREN WHO EXIT FOSTER

CARE FOR RELATIVE GUARDIANSHIP OR ADOPTION AFTER AGE 16.— 

(1) INDEPENDENT LIVING SERVICES.—Section 477(a) of such 

Act (42 U.S.C. 677(a)) is amended— 

(A) by striking ‘‘and’’ at the end of paragraph (5); 

(B) by striking the period at the end of paragraph 

(6) and inserting ‘‘; and’’; and 

(C) by adding at the end the following: 

‘‘(7) to provide the services referred to in this subsection 

to children who, after attaining 16 years of age, have left 

foster care for kinship guardianship or adoption.’’. 

(2) EDUCATION AND TRAINING VOUCHERS.—Section 477(i)(2) 

of such Act (42 U.S.C. 677(i)(2)) is amended by striking ‘‘adopted 

from foster care after attaining age 16’’ and inserting ‘‘who, 

after attaining 16 years of age, are adopted from, or enter 

kinship guardianship from, foster care’’. 

(f) CATEGORICAL ELIGIBILITY FOR MEDICAID.—Section 473(b)(3) 

of such Act (42 U.S.C. 673(b)(3)) is amended— 

(1) in subparagraph (A)(ii), by striking ‘‘or’’ at the end; 

(2) in subparagraph (B), by striking the period and 

inserting ‘‘, or’’; and 

(3) by adding at the end the following: 

‘‘(C) with respect to whom kinship guardianship assistance 

payments are being made pursuant to subsection (d).’’. 

SEC. 102. FAMILY CONNECTION GRANTS. 

(a) IN GENERAL.—Part B of title IV of the Social Security 

Act (42 U.S.C. 620–629i) is amended by inserting after section 

426 the following: 

‘‘SEC. 427. FAMILY CONNECTION GRANTS. 

‘‘(a) IN GENERAL.—The Secretary of Health and Human Services 

may make matching grants to State, local, or tribal child welfare 

agencies, and private nonprofit organizations that have experience 

in working with foster children or children in kinship care arrangements, for the purpose of helping children who are in, or at risk 

42 USC 627. 


kgrant on POHRRP4G1 with PUBLAW
122 STAT. 3954 PUBLIC LAW 110–351—OCT. 7, 2008 

of entering, foster care reconnect with family members through 

the implementation of— 

‘‘(1) a kinship navigator program to assist kinship caregivers in learning about, finding, and using programs and services to meet the needs of the children they are raising and 

their own needs, and to promote effective partnerships among 

public and private agencies to ensure kinship caregiver families 

are served, which program— 

‘‘(A) shall be coordinated with other State or local 

agencies that promote service coordination or provide 

information and referral services, including the entities 

that provide 2–1–1 or 3–1–1 information systems where 

available, to avoid duplication or fragmentation of services 

to kinship care families; 

‘‘(B) shall be planned and operated in consultation 

with kinship caregivers and organizations representing 

them, youth raised by kinship caregivers, relevant government agencies, and relevant community-based or faithbased organizations; 

‘‘(C) shall establish information and referral systems 

that link (via toll-free access) kinship caregivers, kinship 

support group facilitators, and kinship service providers 

to— 

‘‘(i) each other; 

‘‘(ii) eligibility and enrollment information for Federal, State, and local benefits; 

‘‘(iii) relevant training to assist kinship caregivers 

in caregiving and in obtaining benefits and services; 

and 

‘‘(iv) relevant legal assistance and help in obtaining 

legal services; 

‘‘(D) shall provide outreach to kinship care families, 

including by establishing, distributing, and updating a kinship care website, or other relevant guides or outreach 

materials; 

‘‘(E) shall promote partnerships between public and 

private agencies, including schools, community based or 

faith-based organizations, and relevant government agencies, to increase their knowledge of the needs of kinship 

care families to promote better services for those families; 

‘‘(F) may establish and support a kinship care ombudsman with authority to intervene and help kinship caregivers access services; and 

‘‘(G) may support any other activities designed to assist 

kinship caregivers in obtaining benefits and services to 

improve their caregiving; 

‘‘(2) intensive family-finding efforts that utilize search technology to find biological family members for children in the 

child welfare system, and once identified, work to reestablish 

relationships and explore ways to find a permanent family 

placement for the children; 

‘‘(3) family group decision-making meetings for children 

in the child welfare system, that— 

‘‘(A) enable families to make decisions and develop 

plans that nurture children and protect them from abuse 

and neglect, and 


kgrant on POHRRP4G1 with PUBLAW
PUBLIC LAW 110–351—OCT. 7, 2008 122 STAT. 3955 

‘‘(B) when appropriate, shall address domestic violence 

issues in a safe manner and facilitate connecting children 

exposed to domestic violence to appropriate services, 

including reconnection with the abused parent when appropriate; or 

‘‘(4) residential family treatment programs that— 

‘‘(A) enable parents and their children to live in a 

safe environment for a period of not less than 6 months; 

and 

‘‘(B) provide, on-site or by referral, substance abuse 

treatment services, children’s early intervention services, 

family counseling, medical, and mental health services, 

nursery and pre-school, and other services that are 

designed to provide comprehensive treatment that supports 

the family. 

‘‘(b) APPLICATIONS.—An entity desiring to receive a matching 

grant under this section shall submit to the Secretary an application, at such time, in such manner, and containing such information 

as the Secretary may require, including— 

‘‘(1) a description of how the grant will be used to implement 1 or more of the activities described in subsection (a); 

‘‘(2) a description of the types of children and families 

to be served, including how the children and families will 

be identified and recruited, and an initial projection of the 

number of children and families to be served; 

‘‘(3) if the entity is a private organization— 

‘‘(A) documentation of support from the relevant local 

or State child welfare agency; or 

‘‘(B) a description of how the organization plans to 

coordinate its services and activities with those offered 

by the relevant local or State child welfare agency; and 

‘‘(4) an assurance that the entity will cooperate fully with 

any evaluation provided for by the Secretary under this section. 

‘‘(c) LIMITATIONS.— 

‘‘(1) GRANT DURATION.—The Secretary may award a grant 

under this section for a period of not less than 1 year and 

not more than 3 years. 

‘‘(2) NUMBER OF NEW GRANTEES PER YEAR.—The Secretary 

may not award a grant under this section to more than 30 

new grantees each fiscal year. 

‘‘(d) FEDERAL CONTRIBUTION.—The amount of a grant payment 

to be made to a grantee under this section during each year in 

the grant period shall be the following percentage of the total 

expenditures proposed to be made by the grantee in the application 

approved by the Secretary under this section: 

‘‘(1) 75 percent, if the payment is for the 1st or 2nd year 

of the grant period. 

‘‘(2) 50 percent, if the payment is for the 3rd year of 

the grant period. 

‘‘(e) FORM OF GRANTEE CONTRIBUTION.—A grantee under this 

section may provide not more than 50 percent of the amount which 

the grantee is required to expend to carry out the activities for 

which a grant is awarded under this section in kind, fairly evaluated, including plant, equipment, or services. 

‘‘(f) USE OF GRANT.—A grantee under this section shall use 

the grant in accordance with the approved application for the grant. 

‘‘(g) RESERVATIONS OF FUNDS.— 


kgrant on POHRRP4G1 with PUBLAW
122 STAT. 3956 PUBLIC LAW 110–351—OCT. 7, 2008 

‘‘(1) KINSHIP NAVIGATOR PROGRAMS.—The Secretary shall 

reserve $5,000,000 of the funds made available under subsection (h) for each fiscal year for grants to implement kinship 

navigator programs described in subsection (a)(1). 

‘‘(2) EVALUATION.—The Secretary shall reserve 3 percent 

of the funds made available under subsection (h) for each 

fiscal year for the conduct of a rigorous evaluation of the 

activities funded with grants under this section. 

‘‘(3) TECHNICAL ASSISTANCE.—The Secretary may reserve 

2 percent of the funds made available under subsection (h) 

for each fiscal year to provide technical assistance to recipients 

of grants under this section. 

‘‘(h) APPROPRIATION.—Out of any money in the Treasury of 

the United States not otherwise appropriated, there are appropriated to the Secretary for purposes of making grants under this 

section $15,000,000 for each of fiscal years 2009 through 2013.’’. 

(b) CONFORMING AMENDMENT.—Section 425 of such Act (42 

U.S.C. 625) is amended by inserting ‘‘(other than sections 426, 

427, and 429)’’ after ‘‘this subpart’’. 

(c) RENAMING OF PROGRAM.—The subpart heading for subpart 

1 of part B of title IV of such Act is amended to read as follows: 

‘‘Subpart 1—Stephanie Tubbs Jones Child Welfare 

Services Program’’. 

SEC. 103. NOTIFICATION OF RELATIVES. 

Section 471(a) of the Social Security Act (42 U.S.C. 671(a)), 

as amended by section 101(a) of this Act, is amended— 

(1) by striking ‘‘and’’ at the end of paragraph (27); 

(2) by striking the period at the end of paragraph (28) 

and inserting ‘‘; and’’; and 

(3) by adding at the end the following: 

‘‘(29) provides that, within 30 days after the removal of 

a child from the custody of the parent or parents of the child, 

the State shall exercise due diligence to identify and provide 

notice to all adult grandparents and other adult relatives of 

the child (including any other adult relatives suggested by 

the parents), subject to exceptions due to family or domestic 

violence, that— 

‘‘(A) specifies that the child has been or is being 

removed from the custody of the parent or parents of the 

child; 

‘‘(B) explains the options the relative has under Federal, State, and local law to participate in the care and 

placement of the child, including any options that may 

be lost by failing to respond to the notice; 

‘‘(C) describes the requirements under paragraph (10) 

of this subsection to become a foster family home and 

the additional services and supports that are available 

for children placed in such a home; and 

‘‘(D) if the State has elected the option to make kinship 

guardianship assistance payments under paragraph (28) 

of this subsection, describes how the relative guardian of 

the child may subsequently enter into an agreement with 

the State under section 473(d) to receive the payments.’’. 

Deadline. 


kgrant on POHRRP4G1 with PUBLAW
PUBLIC LAW 110–351—OCT. 7, 2008 122 STAT. 3957 

SEC. 104. LICENSING STANDARDS FOR RELATIVES. 

(a) STATE PLAN AMENDMENT.—Section 471(a)(10) of the Social 

Security Act (42 U.S.C. 671(a)(10)) is amended— 

(1) by striking ‘‘and provides’’ and inserting ‘‘provides’’; 

and 

(2) by inserting before the semicolon the following: ‘‘, 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 homes for specific 

children in care’’. 

(b) REPORT.—Not later than 2 years after the date of enactment 

of this Act, the Secretary of Health and Human Services shall 

submit to the Committee on Ways and Means of the House of 

Representatives and the Committee on Finance of the Senate a 

report that includes the following: 

(1) Nationally and for each State, the number and percentage of children in foster care placed in licensed relative foster 

family homes and the number and percentage of such children 

placed in unlicensed relative foster family homes. 

(2) The frequency with which States grant case-by-case 

waivers of non-safety licensing standards for relative foster 

family homes. 

(3) The types of non-safety licensing standards waived. 

(4) An assessment of how such case-by-case waivers of 

non-safety licensing standards have affected children in foster 

care, including their safety, permanency, and well-being. 

(5) A review of any reasons why relative foster family 

homes may not be able to be licensed, despite State authority 

to grant such case-by-case waivers of non-safety licensing standards. 

(6) Recommendations for administrative or legislative 

actions that may increase the percentage of relative foster 

family homes that are licensed while ensuring the safety of 

children in foster care and improving their permanence and 

well-being. 

SEC. 105. AUTHORITY FOR COMPARISONS AND DISCLOSURES OF 

INFORMATION IN THE FEDERAL PARENT LOCATOR 

SERVICE FOR CHILD WELFARE, FOSTER CARE, AND ADOPTION ASSISTANCE PROGRAM PURPOSES. 

Section 453(j)(3) of the Social Security Act (42 U.S.C. 653(j)) 

is amended, in the matter preceding subparagraph (A), by inserting 

‘‘, part B, or part E’’ after ‘‘this part’’. 

TITLE II—IMPROVING OUTCOMES FOR 

CHILDREN IN FOSTER CARE 

SEC. 201. STATE OPTION FOR CHILDREN IN FOSTER CARE, AND CERTAIN CHILDREN IN AN ADOPTIVE OR GUARDIANSHIP 

PLACEMENT, AFTER ATTAINING AGE 18. 

(a) DEFINITION OF CHILD.—Section 475 of the Social Security 

Act (42 U.S.C. 675) is amended by adding at the end the following: 

‘‘(8)(A) Subject to subparagraph (B), the term ‘child’ means 

an individual who has not attained 18 years of age. 

‘‘(B) At the option of a State, the term shall include an 

individual— 


kgrant on POHRRP4G1 with PUBLAW
122 STAT. 3958 PUBLIC LAW 110–351—OCT. 7, 2008 

‘‘(i)(I) who is in foster care under the responsibility 

of the State; 

‘‘(II) with respect to whom an adoption assistance 

agreement is in effect under section 473 if the child had 

attained 16 years of age before the agreement became 

effective; or 

‘‘(III) with respect to whom a kinship guardianship 

assistance agreement is in effect under section 473(d) if 

the child had attained 16 years of age before the agreement 

became effective; 

‘‘(ii) who has attained 18 years of age; 

‘‘(iii) who has not attained 19, 20, or 21 years of age, 

as the State may elect; and 

‘‘(iv) who is— 

‘‘(I) completing secondary education or a program 

leading to an equivalent credential; 

‘‘(II) enrolled in an institution which provides postsecondary or vocational education; 

‘‘(III) participating in a program or activity 

designed to promote, or remove barriers to, employment; 

‘‘(IV) employed for at least 80 hours per month; 

or 

‘‘(V) incapable of doing any of the activities 

described in subclauses (I) through (IV) due to a medical condition, which incapability is supported by regularly updated information in the case plan of the 

child.’’. 

(b) CONFORMING AMENDMENT TO DEFINITION OF CHILD-CARE

INSTITUTION.—Section 472(c)(2) of such Act (42 U.S.C. 672(c)(2)) 

is amended by inserting ‘‘except, in the case of a child who has 

attained 18 years of age, the term shall include a supervised setting 

in which the individual is living independently, in accordance with 

such conditions as the Secretary shall establish in regulations,’’ 

before ‘‘but’’. 

(c) CONFORMING AMENDMENTS TO AGE LIMITS APPLICABLE TO

CHILDREN ELIGIBLE FOR ADOPTION ASSISTANCE OR KINSHIP

GUARDIANSHIP ASSISTANCE.—Section 473(a)(4) of such Act (42 

U.S.C. 673(a)(4)) is amended to read as follows: 

‘‘(4)(A) Notwithstanding any other provision of this section, 

a payment may not be made pursuant to this section to parents 

or relative guardians with respect to a child— 

‘‘(i) who has attained— 

‘‘(I) 18 years of age, or such greater age as the State 

may elect under section 475(8)(B)(iii); or 

‘‘(II) 21 years of age, if the State determines that 

the child has a mental or physical handicap which warrants 

the continuation of assistance; 

‘‘(ii) who has not attained 18 years of age, if the State 

determines that the parents or relative guardians, as the case 

may be, are no longer legally responsible for the support of 

the child; or 

‘‘(iii) if the State determines that the child is no longer 

receiving any support from the parents or relative guardians, 

as the case may be. 

‘‘(B) Parents or relative guardians who have been receiving 

adoption assistance payments or kinship guardianship assistance 

Regulations. 


kgrant on POHRRP4G1 with PUBLAW
PUBLIC LAW 110–351—OCT. 7, 2008 122 STAT. 3959 

payments under this section shall keep the State or local agency 

administering the program under this section informed of circumstances which would, pursuant to this subsection, make them 

ineligible for the payments, or eligible for the payments in a different amount.’’. 

(d) EFFECTIVE DATE.—The amendments made by this section 

shall take effect on October 1, 2010. 

SEC. 202. TRANSITION PLAN FOR CHILDREN AGING OUT OF FOSTER 

CARE. 

Section 475(5) of the Social Security Act (42 U.S.C. 675) is 

amended— 

(1) in subparagraph (F)(ii), by striking ‘‘and’’ at the end; 

(2) in subparagraph (G), by striking the period at the 

end and inserting ‘‘; and’’; and 

(3) by adding at the end the following: 

‘‘(H) during the 90-day period immediately prior to 

the date on which the child will attain 18 years of age, 

or such greater age as the State may elect under paragraph 

(8)(B)(iii), whether during that period foster care maintenance payments are being made on the child’s behalf or 

the child is receiving benefits or services under section 

477, a caseworker on the staff of the State agency, and, 

as appropriate, other representatives of the child provide 

the child with assistance and support in developing a 

transition plan that is personalized at the direction of 

the child, includes specific options on housing, health insurance, education, local opportunities for mentors and continuing support services, and work force supports and 

employment services, and is as detailed as the child may 

elect.’’. 

SEC. 203. SHORT-TERM TRAINING FOR CHILD WELFARE AGENCIES, 

RELATIVE GUARDIANS, AND COURT PERSONNEL. 

(a) IN GENERAL.—Section 474(a)(3)(B) of the Social Security 

Act (42 U.S.C. 674(a)(3)(B)) is amended— 

(1) by inserting ‘‘or relative guardians’’ after ‘‘adoptive parents’’; 

(2) by striking ‘‘and the members’’ and inserting ‘‘, the 

members’’; 

(3) by inserting ‘‘, or State-licensed or State-approved child 

welfare agencies providing services,’’ after ‘‘providing care’’; 

(4) by striking ‘‘foster and adopted’’ the 1st place it appears; 

(5) by inserting ‘‘and members of the staff of abuse and 

neglect courts, agency attorneys, attorneys representing children or parents, guardians ad litem, or other court-appointed 

special advocates representing children in proceedings of such 

courts,’’ after ‘‘part,’’; 

(6) by inserting ‘‘guardians,’’ before ‘‘staff members,’’; 

(7) by striking ‘‘and institutions’’ and inserting ‘‘institutions, attorneys, and advocates’’; and 

(8) by inserting ‘‘and children living with relative guardians’’ after ‘‘foster and adopted children’’ the 2nd place it 

appears. 

(b) PHASE-IN.—With respect to an expenditure described in 

section 474(a)(3)(B) of the Social Security Act by reason of an 

amendment made by subsection (a) of this section, in lieu of the 

Applicability. 

42 USC 674 note. 

42 USC 672 note. 


kgrant on POHRRP4G1 with PUBLAW
122 STAT. 3960 PUBLIC LAW 110–351—OCT. 7, 2008 

percentage set forth in such section 474(a)(3)(B), the percentage 

that shall apply is— 

(1) 55 percent, if the expenditure is made in fiscal year 

2009; 

(2) 60 percent, if the expenditure is made in fiscal year 

2010; 

(3) 65 percent, if the expenditure is made in fiscal year 

2011; or 

(4) 70 percent, if the expenditure is made in fiscal year 

2012. 

SEC. 204. EDUCATIONAL STABILITY. 

(a) IN GENERAL.—Section 475 of the Social Security Act (42 

U.S.C. 675), as amended by section 101(c)(4) of this Act, is 

amended— 

(1) in paragraph (1)— 

(A) in subparagraph (C), by striking clause (iv) and 

redesignating clauses (v) through (viii) as clauses (iv) 

through (vii), respectively; and 

(B) by adding at the end the following: 

‘‘(G) A plan for ensuring the educational stability of 

the child while in foster care, including— 

‘‘(i) assurances that the placement of the child 

in foster care takes into account the appropriateness 

of the current educational setting and the proximity 

to the school in which the child is enrolled at the 

time of placement; and 

‘‘(ii)(I) an assurance that the State agency has 

coordinated with appropriate local educational agencies 

(as defined under section 9101 of the Elementary and 

Secondary Education Act of 1965) to ensure that the 

child remains in the school in which the child is 

enrolled at the time of placement; or 

‘‘(II) if remaining in such school is not in the 

best interests of the child, assurances by the State 

agency and the local educational agencies to provide 

immediate and appropriate enrollment in a new school, 

with all of the educational records of the child provided 

to the school.’’; and 

(2) in the 1st sentence of paragraph (4)(A)— 

(A) by striking ‘‘and reasonable’’ and inserting ‘‘reasonable’’; and 

(B) by inserting ‘‘, and reasonable travel for the child 

to remain in the school in which the child is enrolled 

at the time of placement’’ before the period. 

(b) EDUCATIONAL ATTENDANCE REQUIREMENT.—Section 471(a) 

of the Social Security Act (42 U.S.C. 671(a)), as amended by sections 

101(a) and 103 of this Act, is amended— 

(1) by striking ‘‘and’’ at the end of paragraph (28); 

(2) by striking the period at the end of paragraph (29) 

and inserting ‘‘; and’’; and 

(3) by adding at the end the following: 

‘‘(30) provides assurances that each child who has attained 

the minimum age for compulsory school attendance under State 

law and with respect to whom there is eligibility for a payment 

under the State plan is a full-time elementary or secondary 


kgrant on POHRRP4G1 with PUBLAW
PUBLIC LAW 110–351—OCT. 7, 2008 122 STAT. 3961 

school student or has completed secondary school, and for purposes of this paragraph, the term ‘elementary or secondary 

school student’ means, with respect to a child, that the child 

is— 

‘‘(A) enrolled (or in the process of enrolling) in an 

institution which provides elementary or secondary education, as determined under the law of the State or other 

jurisdiction in which the institution is located; 

‘‘(B) instructed in elementary or secondary education 

at home in accordance with a home school law of the 

State or other jurisdiction in which the home is located; 

‘‘(C) in an independent study elementary or secondary 

education program in accordance with the law of the State 

or other jurisdiction in which the program is located, which 

is administered by the local school or school district; or 

‘‘(D) incapable of attending school on a full-time basis 

due to the medical condition of the child, which incapability 

is supported by regularly updated information in the case 

plan of the child.’’. 

SEC. 205. HEALTH OVERSIGHT AND COORDINATION PLAN. 

Section 422(b)(15) of the Social Security Act (42 U.S.C. 

622(b)(15)) is amended to read as follows: 

‘‘(15)(A) provides that the State will develop, in coordination 

and collaboration with the State agency referred to in paragraph (1) and the State agency responsible for administering 

the State plan approved under title XIX, and in consultation 

with pediatricians, other experts in health care, and experts 

in and recipients of child welfare services, a plan for the ongoing 

oversight and coordination of health care services for any child 

in a foster care placement, which shall ensure a coordinated 

strategy to identify and respond to the health care needs of 

children in foster care placements, including mental health 

and dental health needs, and shall include an outline of— 

‘‘(i) a schedule for initial and follow-up health 

screenings that meet reasonable standards of medical practice; 

‘‘(ii) how health needs identified through screenings 

will be monitored and treated; 

‘‘(iii) how medical information for children in care will 

be updated and appropriately shared, which may include 

the development and implementation of an electronic 

health record; 

‘‘(iv) steps to ensure continuity of health care services, 

which may include the establishment of a medical home 

for every child in care; 

‘‘(v) the oversight of prescription medicines; and 

‘‘(vi) how the State actively consults with and involves 

physicians or other appropriate medical or non-medical 

professionals in assessing the health and well-being of children in foster care and in determining appropriate medical 

treatment for the children; and 

‘‘(B) subparagraph (A) shall not be construed to reduce 

or limit the responsibility of the State agency responsible for 

administering the State plan approved under title XIX to 

administer and provide care and services for children with 


kgrant on POHRRP4G1 with PUBLAW
122 STAT. 3962 PUBLIC LAW 110–351—OCT. 7, 2008 

respect to whom services are provided under the State plan 

developed pursuant to this subpart;’’. 

SEC. 206. SIBLING PLACEMENT. 

Section 471(a) of the Social Security Act (42 U.S.C. 671(a)), 

as amended by sections 101(a), 103, and 204(b) of this Act, is 

amended— 

(1) by striking ‘‘and’’ at the end of paragraph (29); 

(2) by striking the period at the end of paragraph (30) 

and inserting ‘‘; and’’; and 

(3) by adding at the end the following: 

‘‘(31) provides that reasonable efforts shall be made— 

‘‘(A) to place siblings removed from their home in the 

same foster care, kinship guardianship, or adoptive placement, unless the State documents that such a joint placement would be contrary to the safety or well-being of any 

of the siblings; and 

‘‘(B) in the case of siblings removed from their home 

who are not so jointly placed, to provide for frequent visitation or other ongoing interaction between the siblings, 

unless that State documents that frequent visitation or 

other ongoing interaction would be contrary to the safety 

or well-being of any of the siblings.’’. 

TITLE III—TRIBAL FOSTER CARE AND 

ADOPTION ACCESS 

SEC. 301. EQUITABLE ACCESS FOR FOSTER CARE AND ADOPTION SERVICES FOR INDIAN CHILDREN IN TRIBAL AREAS. 

(a) AUTHORITY FOR DIRECT PAYMENT OF FEDERAL TITLE IV– 

E FUNDS FOR PROGRAMS OPERATED BY INDIAN TRIBAL ORGANIZATIONS.— 

(1) IN GENERAL.—Part E of title IV of the Social Security 

Act (42 U.S.C. 670 et seq.) is amended by adding at the end 

the following: 

‘‘SEC. 479B. PROGRAMS OPERATED BY INDIAN TRIBAL ORGANIZATIONS. 

‘‘(a) DEFINITIONS OF INDIAN TRIBE; TRIBAL ORGANIZATIONS.— 

In this section, the terms ‘Indian tribe’ and ‘tribal organization’ 

have the meanings given those terms in section 4 of the Indian 

Self-Determination and Education Assistance Act (25 U.S.C. 450b). 

‘‘(b) AUTHORITY.—Except as otherwise provided in this section, 

this part shall apply in the same manner as this part applies 

to a State to an Indian tribe, tribal organization, or tribal consortium that elects to operate a program under this part and has 

a plan approved by the Secretary under section 471 in accordance 

with this section. 

‘‘(c) PLAN REQUIREMENTS.— ‘‘(1) IN GENERAL.—An Indian tribe, tribal organization, or 

tribal consortium that elects to operate a program under this 

part shall include with its plan submitted under section 471 

the following: 

‘‘(A) FINANCIAL MANAGEMENT.—Evidence demonstrating that the tribe, organization, or consortium has 

Applicability. 

42 USC 679c. 


kgrant on POHRRP4G1 with PUBLAW
PUBLIC LAW 110–351—OCT. 7, 2008 122 STAT. 3963 

not had any uncorrected significant or material audit exceptions under Federal grants or contracts that directly relate 

to the administration of social services for the 3-year period 

prior to the date on which the plan is submitted. 

‘‘(B) SERVICE AREAS AND POPULATIONS.—For purposes 

of complying with section 471(a)(3), a description of the 

service area or areas and populations to be served under 

the plan and an assurance that the plan shall be in effect 

in all service area or areas and for all populations served 

by the tribe, organization, or consortium. 

‘‘(C) ELIGIBILITY.— ‘‘(i) IN GENERAL.—Subject to clause (ii) of this 

subparagraph, an assurance that the plan will provide— 

‘‘(I) foster care maintenance payments under 

section 472 only on behalf of children who satisfy 

the eligibility requirements of section 472(a); 

‘‘(II) adoption assistance payments under section 473 pursuant to adoption assistance agreements only on behalf of children who satisfy the 

eligibility requirements for such payments under 

that section; and 

‘‘(III) at the option of the tribe, organization, 

or consortium, kinship guardianship assistance 

payments in accordance with section 473(d) only 

on behalf of children who meet the requirements 

of section 473(d)(3). 

‘‘(ii) SATISFACTION OF FOSTER CARE ELIGIBILITY

REQUIREMENTS.—For purposes of determining whether 

a child whose placement and care are the responsibility 

of an Indian tribe, tribal organization, or tribal consortium with a plan approved under section 471 in accordance with this section satisfies the requirements of 

section 472(a), the following shall apply: 

‘‘(I) USE OF AFFIDAVITS, ETC.—Only with 

respect to the first 12 months for which such plan 

is in effect, the requirement in paragraph (1) of 

section 472(a) shall not be interpreted so as to 

prohibit the use of affidavits or nunc pro tunc 

orders as verification documents in support of the 

reasonable efforts and contrary to the welfare of 

the child judicial determinations required under 

that paragraph. 

‘‘(II) AFDC ELIGIBILITY REQUIREMENT.—The 

State plan approved under section 402 (as in effect 

on July 16, 1996) of the State in which the child 

resides at the time of removal from the home 

shall apply to the determination of whether the 

child satisfies section 472(a)(3). 

‘‘(D) OPTION TO CLAIM IN-KIND EXPENDITURES FROM

THIRD-PARTY SOURCES FOR NON-FEDERAL SHARE OF ADMINIS- TRATIVE AND TRAINING COSTS DURING INITIAL IMPLEMENTATION PERIOD.—Only for fiscal year quarters beginning after 

September 30, 2009, and before October 1, 2014, a list 

of the in-kind expenditures (which shall be fairly evaluated, 

and may include plants, equipment, administration, or 

services) and the third-party sources of such expenditures 

Applicability. 


kgrant on POHRRP4G1 with PUBLAW
122 STAT. 3964 PUBLIC LAW 110–351—OCT. 7, 2008 

that the tribe, organization, or consortium may claim as 

part of the non-Federal share of administrative or training 

expenditures attributable to such quarters for purposes 

of receiving payments under section 474(a)(3). The Secretary shall permit a tribe, organization, or consortium 

to claim in-kind expenditures from third party sources 

for such purposes during such quarters subject to the following: 

‘‘(i) NO EFFECT ON AUTHORITY FOR TRIBES, ORGANIZATIONS, OR CONSORTIA TO CLAIM EXPENDITURES

OR INDIRECT COSTS TO THE SAME EXTENT AS STATES.— Nothing in this subparagraph shall be construed as 

preventing a tribe, organization, or consortium from 

claiming any expenditures or indirect costs for purposes of receiving payments under section 474(a) that 

a State with a plan approved under section 471(a) 

could claim for such purposes. 

‘‘(ii) FISCAL YEAR 2010 OR 2011.— 

‘‘(I) EXPENDITURES OTHER THAN FOR

TRAINING.—With respect to amounts expended 

during a fiscal year quarter beginning after September 30, 2009, and before October 1, 2011, for 

which the tribe, organization, or consortium is 

eligible for payments under subparagraph (C), (D), 

or (E) of section 474(a)(3), not more than 25 percent of such amounts may consist of in-kind 

expenditures from third-party sources specified in 

the list required under this subparagraph to be 

submitted with the plan. 

‘‘(II) TRAINING EXPENDITURES.—With respect 

to amounts expended during a fiscal year quarter 

beginning after September 30, 2009, and before 

October 1, 2011, for which the tribe, organization, 

or consortium is eligible for payments under 

subparagraph (A) or (B) of section 474(a)(3), not 

more than 12 percent of such amounts may consist 

of in-kind expenditures from third-party sources 

that are specified in such list and described in 

subclause (III). 

‘‘(III) SOURCES DESCRIBED.—For purposes of 

subclause (II), the sources described in this subclause are the following: 

‘‘(aa) A State or local government. 

‘‘(bb) An Indian tribe, tribal organization, 

or tribal consortium other than the tribe, 

organization, or consortium submitting the 

plan. 

‘‘(cc) A public institution of higher education. 

‘‘(dd) A Tribal College or University (as 

defined in section 316 of the Higher Education 

Act of 1965 (20 U.S.C. 1059c)). 

‘‘(ee) A private charitable organization. 

‘‘(iii) FISCAL YEAR 2012, 2013, OR 2014.— 

‘‘(I) IN GENERAL.—Except as provided in subclause (II) of this clause and clause (v) of this 

subparagraph, with respect to amounts expended 


kgrant on POHRRP4G1 with PUBLAW
PUBLIC LAW 110–351—OCT. 7, 2008 122 STAT. 3965 

during any fiscal year quarter beginning after September 30, 2011, and before October 1, 2014, for 

which the tribe, organization, or consortium is 

eligible for payments under any subparagraph of 

section 474(a)(3) of this Act, the only in-kind 

expenditures from third-party sources that may 

be claimed by the tribe, organization, or consortium for purposes of determining the non-Federal 

share of such expenditures (without regard to 

whether the expenditures are specified on the list 

required under this subparagraph to be submitted 

with the plan) are in-kind expenditures that are 

specified in regulations promulgated by the Secretary under section 301(e)(2) of the Fostering 

Connections to Success and Increasing Adoptions 

Act of 2008 and are from an applicable thirdparty source specified in such regulations, and do 

not exceed the applicable percentage for claiming 

such in-kind expenditures specified in the regulations. 

‘‘(II) TRANSITION PERIOD FOR EARLY APPROVED

TRIBES, ORGANIZATIONS, OR CONSORTIA.—Subject to 

clause (v), if the tribe, organization, or consortium 

is an early approved tribe, organization, or consortium (as defined in subclause (III) of this clause), 

the Secretary shall not require the tribe, organization, or consortium to comply with such regulations 

before October 1, 2013. Until the earlier of the 

date such tribe, organization, or consortium comes 

into compliance with such regulations or October 

1, 2013, the limitations on the claiming of inkind expenditures from third-party sources under 

clause (ii) shall continue to apply to such tribe, 

organization, or consortium (without regard to 

fiscal limitation) for purposes of determining the 

non-Federal share of amounts expended by the 

tribe, organization, or consortium during any fiscal 

year quarter that begins after September 30, 2011, 

and before such date of compliance or October 

1, 2013, whichever is earlier. 

‘‘(III) DEFINITION OF EARLY APPROVED TRIBE, 

ORGANIZATION, OR CONSORTIUM.—For purposes of 

subclause (II) of this clause, the term ‘early 

approved tribe, organization, or consortium’ means 

an Indian tribe, tribal organization, or tribal 

consortium that had a plan approved under section 

471 in accordance with this section for any quarter 

of fiscal year 2010 or 2011. 

‘‘(iv) FISCAL YEAR 2015 AND THEREAFTER.—Subject 

to clause (v) of this subparagraph, with respect to 

amounts expended during any fiscal year quarter 

beginning after September 30, 2014, for which the 

tribe, organization, or consortium is eligible for payments under any subparagraph of section 474(a)(3) 

of this Act, in-kind expenditures from third-party 

sources may be claimed for purposes of determining 

the non-Federal share of expenditures under any 

Applicability. 


kgrant on POHRRP4G1 with PUBLAW
122 STAT. 3966 PUBLIC LAW 110–351—OCT. 7, 2008 

subparagraph of such section 474(a)(3) only in accordance with the regulations promulgated by the Secretary 

under section 301(e)(2) of the Fostering Connections 

to Success and Increasing Adoptions Act of 2008. 

‘‘(v) CONTINGENCY RULE.—If, at the time expenditures are made for a fiscal year quarter beginning 

after September 30, 2011, and before October 1, 2014, 

for which a tribe, organization, or consortium may 

receive payments for under section 474(a)(3) of this 

Act, no regulations required to be promulgated under 

section 301(e)(2) of the Fostering Connections to Success and Increasing Adoptions Act of 2008 are in effect, 

and no legislation has been enacted specifying otherwise— 

‘‘(I) in the case of any quarter of fiscal year 

2012, 2013, or 2014, the limitations on claiming 

in-kind expenditures from third-party sources 

under clause (ii) of this subparagraph shall apply 

(without regard to fiscal limitation) for purposes 

of determining the non-Federal share of such 

expenditures; and 

‘‘(II) in the case of any quarter of fiscal year 

2015 or any fiscal year thereafter, no tribe, 

organization, or consortium may claim in-kind 

expenditures from third-party sources for purposes 

of determining the non-Federal share of such 

expenditures if a State with a plan approved under 

section 471(a) of this Act could not claim in-kind 

expenditures from third-party sources for such purposes. 

‘‘(2) CLARIFICATION OF TRIBAL AUTHORITY TO ESTABLISH

STANDARDS FOR TRIBAL FOSTER FAMILY HOMES AND TRIBAL CHILD

CARE INSTITUTIONS.—For purposes of complying with section 

471(a)(10), an Indian tribe, tribal organization, or tribal consortium shall establish and maintain a tribal authority or authorities which shall be responsible for establishing and maintaining 

tribal standards for tribal foster family homes and tribal child 

care institutions. 

‘‘(3) CONSORTIUM.—The participating Indian tribes or tribal 

organizations of a tribal consortium may develop and submit 

a single plan under section 471 that meets the requirements 

of this section. 

‘‘(d) DETERMINATION OF FEDERAL MEDICAL ASSISTANCE

PERCENTAGE FOR FOSTER CARE MAINTENANCE AND ADOPTION

ASSISTANCE PAYMENTS.— 

‘‘(1) PER CAPITA INCOME.—For purposes of determining the 

Federal medical assistance percentage applicable to an Indian 

tribe, a tribal organization, or a tribal consortium under paragraphs (1), (2), and (5) of section 474(a), the calculation of 

the per capita income of the Indian tribe, tribal organization, 

or tribal consortium shall be based upon the service population 

of the Indian tribe, tribal organization, or tribal consortium, 

except that in no case shall an Indian tribe, a tribal organization, or a tribal consortium receive less than the Federal medical assistance percentage for any State in which the tribe, 

organization, or consortium is located. 


kgrant on POHRRP4G1 with PUBLAW
PUBLIC LAW 110–351—OCT. 7, 2008 122 STAT. 3967 

‘‘(2) CONSIDERATION OF OTHER INFORMATION.—Before 

making a calculation under paragraph (1), the Secretary shall 

consider any information submitted by an Indian tribe, a tribal 

organization, or a tribal consortium that the Indian tribe, tribal 

organization, or tribal consortium considers relevant to making 

the calculation of the per capita income of the Indian tribe, 

tribal organization, or tribal consortium. 

‘‘(e) NONAPPLICATION TO COOPERATIVE AGREEMENTS AND CONTRACTS.—Any cooperative agreement or contract entered into 

between an Indian tribe, a tribal organization, or a tribal consortium 

and a State for the administration or payment of funds under 

this part that is in effect as of the date of enactment of this 

section shall remain in full force and effect, subject to the right 

of either party to the agreement or contract to revoke or modify 

the agreement or contract pursuant to the terms of the agreement 

or contract. Nothing in this section shall be construed as affecting 

the authority for an Indian tribe, a tribal organization, or a tribal 

consortium and a State to enter into a cooperative agreement or 

contract for the administration or payment of funds under this 

part. 

‘‘(f) JOHN H. CHAFEE FOSTER CARE INDEPENDENCE PROGRAM.— 

Except as provided in section 477(j), subsection (b) of this section 

shall not apply with respect to the John H. Chafee Foster Care 

Independence Program established under section 477 (or with 

respect to payments made under section 474(a)(4) or grants made 

under section 474(e)). 

‘‘(g) RULE OF CONSTRUCTION.—Nothing in this section shall 

be construed as affecting the application of section 472(h) to a 

child on whose behalf payments are paid under section 472, or 

the application of section 473(b) to a child on whose behalf payments 

are made under section 473 pursuant to an adoption assistance 

agreement or a kinship guardianship assistance agreement, by an 

Indian tribe, tribal organization, or tribal consortium that elects 

to operate a foster care and adoption assistance program in accordance with this section.’’. 

(2) CONFORMING AMENDMENTS.—Section 472(a)(2)(B) of 

such Act (42 U.S.C. 672(a)(2)(B)) is amended— 

(A) in clause (i), by striking ‘‘or’’ at the end; 

(B) in clause (ii), by striking ‘‘and’’ at the end and 

inserting ‘‘or’’; and 

(C) by adding at the end the following: 

‘‘(iii) an Indian tribe or a tribal organization (as 

defined in section 479B(a)) or a tribal consortium that 

has a plan approved under section 471 in accordance 

with section 479B; and’’. 

(b) AUTHORITY TO RECEIVE PORTION OF STATE ALLOTMENT AS

PART OF AN AGREEMENT TO OPERATE THE JOHN H. CHAFEE FOSTER

CARE INDEPENDENCE PROGRAM.—Section 477 of such Act (42 U.S.C. 

677) is amended by adding at the end the following: 

‘‘(j) AUTHORITY FOR AN INDIAN TRIBE, TRIBAL ORGANIZATION, 

OR TRIBAL CONSORTIUM TO RECEIVE AN ALLOTMENT.— 

‘‘(1) IN GENERAL.—An Indian tribe, tribal organization, or 

tribal consortium with a plan approved under section 479B, 

or which is receiving funding to provide foster care under 

this part pursuant to a cooperative agreement or contract with 

a State, may apply for an allotment out of any funds authorized 


kgrant on POHRRP4G1 with PUBLAW
122 STAT. 3968 PUBLIC LAW 110–351—OCT. 7, 2008 

by paragraph (1) or (2) (or both) of subsection (h) of this 

section. 

‘‘(2) APPLICATION.—A tribe, organization, or consortium 

desiring an allotment under paragraph (1) of this subsection 

shall submit an application to the Secretary to directly receive 

such allotment that includes a plan which— 

‘‘(A) satisfies such requirements of paragraphs (2) and 

(3) of subsection (b) as the Secretary determines are appropriate; 

‘‘(B) contains a description of the tribe’s, organization’s, 

or consortium’s consultation process regarding the programs to be carried out under the plan with each State 

for which a portion of an allotment under subsection (c) 

would be redirected to the tribe, organization, or consortium; and 

‘‘(C) contains an explanation of the results of such 

consultation, particularly with respect to— 

‘‘(i) determining the eligibility for benefits and 

services of Indian children to be served under the 

programs to be carried out under the plan; and 

‘‘(ii) the process for consulting with the State in 

order to ensure the continuity of benefits and services 

for such children who will transition from receiving 

benefits and services under programs carried out under 

a State plan under subsection (b)(2) to receiving benefits and services under programs carried out under 

a plan under this subsection. 

‘‘(3) PAYMENTS.—The Secretary shall pay an Indian tribe, 

tribal organization, or tribal consortium with an application 

and plan approved under this subsection from the allotment 

determined for the tribe, organization, or consortium under 

paragraph (4) of this subsection in the same manner as is 

provided in section 474(a)(4) (and, where requested, and if 

funds are appropriated, section 474(e)) with respect to a State, 

or in such other manner as is determined appropriate by the 

Secretary, except that in no case shall an Indian tribe, a tribal 

organization, or a tribal consortium receive a lesser proportion 

of such funds than a State is authorized to receive under 

those sections. 

‘‘(4) ALLOTMENT.—From the amounts allotted to a State 

under subsection (c) of this section for a fiscal year, the Secretary shall allot to each Indian tribe, tribal organization, or 

tribal consortium with an application and plan approved under 

this subsection for that fiscal year an amount equal to the 

tribal foster care ratio determined under paragraph (5) of this 

subsection for the tribe, organization, or consortium multiplied 

by the allotment amount of the State within which the tribe, 

organization, or consortium is located. The allotment determined under this paragraph is deemed to be a part of the 

allotment determined under section 477(c) for the State in 

which the Indian tribe, tribal organization, or tribal consortium 

is located. 

‘‘(5) TRIBAL FOSTER CARE RATIO.—For purposes of paragraph (4), the tribal foster care ratio means, with respect to 

an Indian tribe, tribal organization, or tribal consortium, the 

ratio of— 


kgrant on POHRRP4G1 with PUBLAW
PUBLIC LAW 110–351—OCT. 7, 2008 122 STAT. 3969 

‘‘(A) the number of children in foster care under the 

responsibility of the Indian tribe, tribal organization, or 

tribal consortium (either directly or under supervision of 

the State), in the most recent fiscal year for which the 

information is available; to 

‘‘(B) the sum of— 

‘‘(i) the total number of children in foster care 

under the responsibility of the State within which the 

Indian tribe, tribal organization, or tribal consortium 

is located; and 

‘‘(ii) the total number of children in foster care 

under the responsibility of all Indian tribes, tribal 

organizations, or tribal consortia in the State (either 

directly or under supervision of the State) that have 

a plan approved under this subsection.’’. 

(c) STATE AND TRIBAL COOPERATION.— 

(1) STATE PLAN REQUIREMENT TO NEGOTIATE IN GOOD

FAITH.— 

(A) IN GENERAL.—Section 471(a) of the Social Security 

Act (42 U.S.C. 671(a)), as amended by sections 101(a), 

103, 204(b), and 206 of this Act, is amended— 

(i) by striking ‘‘and’’ at the end of paragraph (30); 

(ii) by striking the period at the end of paragraph 

(31) and inserting ‘‘; and’’; and 

(iii) by adding at the end the following: 

‘‘(32) provides that the State will negotiate in good faith 

with any Indian tribe, tribal organization or tribal consortium 

in the State that requests to develop an agreement with the 

State to administer all or part of the program under this 

part on behalf of Indian children who are under the authority 

of the tribe, organization, or consortium, including foster care 

maintenance payments on behalf of children who are placed 

in State or tribally licensed foster family homes, adoption assistance payments, and, if the State has elected to provide such 

payments, kinship guardianship assistance payments under 

section 473(d), and tribal access to resources for administration, 

training, and data collection under this part.’’. 

(B) CHAFEE PROGRAM CONFORMING AMENDMENT.—Section 477(b)(3)(G) of such Act (42 U.S.C. 677(b)(3)(G)) is 

amended— 

(i) by striking ‘‘and that’’ and inserting ‘‘that’’; 

and 

(ii) by striking the period at the end and inserting 

‘‘; and that the State will negotiate in good faith with 

any Indian tribe, tribal organization, or tribal consortium in the State that does not receive an allotment 

under subsection (j)(4) for a fiscal year and that 

requests to develop an agreement with the State to 

administer, supervise, or oversee the programs to be 

carried out under the plan with respect to the Indian 

children who are eligible for such programs and who 

are under the authority of the tribe, organization, or 

consortium and to receive from the State an appropriate portion of the State allotment under subsection 

(c) for the cost of such administration, supervision, 

or oversight.’’. 


kgrant on POHRRP4G1 with PUBLAW
122 STAT. 3970 PUBLIC LAW 110–351—OCT. 7, 2008 

(2) APPLICATION OF TRIBAL FEDERAL MATCHING RATE TO

COOPERATIVE AGREEMENTS OR CONTRACTS BETWEEN STATE OR

TRIBES.—Paragraphs (1) and (2) of section 474(a) of such Act 

(42 U.S.C. 674(a)) are each amended by inserting ‘‘(or, with 

respect to such payments made during such quarter under 

a cooperative agreement or contract entered into by the State 

and an Indian tribe, tribal organization, or tribal consortium 

for the administration or payment of funds under this part, 

an amount equal to the Federal medical assistance percentage 

that would apply under section 479B(d) (in this paragraph 

referred to as the ‘tribal FMAP’) if such Indian tribe, tribal 

organization, or tribal consortium made such payments under 

a program operated under that section, unless the tribal FMAP 

is less than the Federal medical assistance percentage that 

applies to the State)’’ before the semicolon. 

(d) RULES OF CONSTRUCTION.—Nothing in the amendments 

made by this section shall be construed as— 

(1) authorization to terminate funding on behalf of any 

Indian child receiving foster care maintenance payments or 

adoption assistance payments on the date of enactment of this 

Act and for which the State receives Federal matching payments under paragraph (1) or (2) of section 474(a) of the Social 

Security Act (42 U.S.C. 674(a)), regardless of whether a cooperative agreement or contract between the State and an Indian 

tribe, tribal organization, or tribal consortium is in effect on 

such date or an Indian tribe, tribal organization, or tribal 

consortium elects subsequent to such date to operate a program 

under section 479B of such Act (as added by subsection (a) 

of this section); or 

(2) affecting the responsibility of a State— 

(A) as part of the plan approved under section 471 

of the Social Security Act (42 U.S.C. 671), to provide foster 

care maintenance payments, adoption assistance payments, 

and if the State elects, kinship guardianship assistance 

payments, for Indian children who are eligible for such 

payments and who are not otherwise being served by an 

Indian tribe, tribal organization, or tribal consortium 

pursuant to a program under such section 479B of such 

Act or a cooperative agreement or contract entered into 

between an Indian tribe, a tribal organization, or a tribal 

consortium and a State for the administration or payment 

of funds under part E of title IV of such Act; or 

(B) as part of the plan approved under section 477 

of such Act (42 U.S.C. 677) to administer, supervise, or 

oversee programs carried out under that plan on behalf 

of Indian children who are eligible for such programs if 

such children are not otherwise being served by an Indian 

tribe, tribal organization, or tribal consortium pursuant 

to an approved plan under section 477(j) of such Act or 

a cooperative agreement or contract entered into under 

section 477(b)(3)(G) of such Act. 

(e) REGULATIONS.— 

(1) IN GENERAL.—Except as provided in paragraph (2) of 

this subsection, not later than 1 year after the date of enactment of this section, the Secretary of Health and Human Services, in consultation with Indian tribes, tribal organizations, 

tribal consortia, and affected States, shall promulgate interim 

Deadline. 

42 USC 671 note. 

42 USC 671 note. 


kgrant on POHRRP4G1 with PUBLAW
PUBLIC LAW 110–351—OCT. 7, 2008 122 STAT. 3971 

final regulations to carry out this section and the amendments 

made by this section. Such regulations shall include procedures 

to ensure that a transfer of responsibility for the placement 

and care of a child under a State plan approved under section 

471 of the Social Security Act to a tribal plan approved under 

section 471 of such Act in accordance with section 479B of 

such Act (as added by subsection (a)(1) of this section) or 

to an Indian tribe, a tribal organization, or a tribal consortium 

that has entered into a cooperative agreement or contract with 

a State for the administration or payment of funds under 

part E of title IV of such Act does not affect the eligibility 

of, provision of services for, or the making of payments on 

behalf of, such children under part E of title IV of such Act, 

or the eligibility of such children for medical assistance under 

title XIX of such Act. 

(2) IN-KIND EXPENDITURES FROM THIRD-PARTY SOURCES FOR

PURPOSES OF DETERMINING NON-FEDERAL SHARE OF ADMINISTRATIVE AND TRAINING EXPENDITURES.— 

(A) IN GENERAL.—Subject to subparagraph (B) of this 

paragraph, not later than September 30, 2011, the Secretary of Health and Human Services, in consultation with 

Indian tribes, tribal organizations, and tribal consortia, 

shall promulgate interim final regulations specifying the 

types of in-kind expenditures, including plants, equipment, 

administration, and services, and the third-party sources 

for such in-kind expenditures which may be claimed by 

tribes, organizations, and consortia with plans approved 

under section 471 of the Social Security Act in accordance 

with section 479B of such Act, up to such percentages 

as the Secretary, in such consultation shall specify in such 

regulations, for purposes of determining the non-Federal 

share of administrative and training expenditures for which 

the tribes, organizations, and consortia may receive payments for under any subparagraph of section 474(a)(3) 

of such Act. 

(B) EFFECTIVE DATE.—In no event shall the regulations 

required to be promulgated under subparagraph (A) take 

effect prior to October 1, 2011. 

(C) SENSE OF THE CONGRESS.—It is the sense of the 

Congress that if the Secretary of Health and Human Services fails to publish in the Federal Register the regulations 

required under subparagraph (A) of this paragraph, the 

Congress should enact legislation specifying the types of 

in-kind expenditures and the third-party sources for such 

in-kind expenditures which may be claimed by tribes, 

organizations, and consortia with plans approved under 

section 471 of the Social Security Act in accordance with 

section 479B of such Act, up to specific percentages, for 

purposes of determining the non-Federal share of administrative and training expenditures for which the tribes, 

organizations, and consortia may receive payments for 

under any subparagraph of section 474(a)(3) of such Act. 

(f) EFFECTIVE DATE.—The amendments made by subsections 

(a), (b), and (c) shall take effect on October 1, 2009, without regard 

to whether the regulations required under subsection (e)(1) have 

been promulgated by such date. 

42 USC 671 note. 

Deadline. 

Procedures. 


kgrant on POHRRP4G1 with PUBLAW
122 STAT. 3972 PUBLIC LAW 110–351—OCT. 7, 2008 

SEC. 302. TECHNICAL ASSISTANCE AND IMPLEMENTATION. 

Section 476 of the Social Security Act (42 U.S.C. 676) is 

amended by adding at the end the following: 

‘‘(c) TECHNICAL ASSISTANCE AND IMPLEMENTATION SERVICES FOR

TRIBAL PROGRAMS.— 

‘‘(1) AUTHORITY.—The Secretary shall provide technical 

assistance and implementation services that are dedicated to 

improving services and permanency outcomes for Indian children and their families through the provision of assistance 

described in paragraph (2). 

‘‘(2) ASSISTANCE PROVIDED.— 

‘‘(A) IN GENERAL.—The technical assistance and 

implementation services shall be to— 

‘‘(i) provide information, advice, educational materials, and technical assistance to Indian tribes and 

tribal organizations with respect to the types of services, administrative functions, data collection, program 

management, and reporting that are required under 

State plans under part B and this part; 

‘‘(ii) assist and provide technical assistance to— 

‘‘(I) Indian tribes, tribal organizations, and 

tribal consortia seeking to operate a program 

under part B or under this part through direct 

application to the Secretary under section 479B; 

and 

‘‘(II) Indian tribes, tribal organizations, tribal 

consortia, and States seeking to develop cooperative agreements to provide for payments under 

this part or satisfy the requirements of section 

422(b)(9), 471(a)(32), or 477(b)(3)(G); and 

‘‘(iii) subject to subparagraph (B), make one-time 

grants, to tribes, tribal organizations, or tribal consortia that are seeking to develop, and intend, not 

later than 24 months after receiving such a grant 

to submit to the Secretary a plan under section 471 

to implement a program under this part as authorized 

by section 479B, that shall— 

‘‘(I) not exceed $300,000; and 

‘‘(II) be used for the cost of developing a plan 

under section 471 to carry out a program under 

section 479B, including costs related to development of necessary data collection systems, a cost 

allocation plan, agency and tribal court procedures 

necessary to meet the case review system requirements under section 475(5), or any other costs 

attributable to meeting any other requirement necessary for approval of such a plan under this part. 

‘‘(B) GRANT CONDITION.— 

‘‘(i) IN GENERAL.—As a condition of being paid 

a grant under subparagraph (A)(iii), a tribe, tribal 

organization, or tribal consortium shall agree to repay 

the total amount of the grant awarded if the tribe, 

tribal organization, or tribal consortium fails to submit 

to the Secretary a plan under section 471 to carry 

out a program under section 479B by the end of the 

24-month period described in that subparagraph. 


kgrant on POHRRP4G1 with PUBLAW
PUBLIC LAW 110–351—OCT. 7, 2008 122 STAT. 3973 

‘‘(ii) EXCEPTION.—The Secretary shall waive the 

requirement to repay a grant imposed by clause (i) 

if the Secretary determines that a tribe’s, tribal 

organization’s, or tribal consortium’s failure to submit 

a plan within such period was the result of circumstances beyond the control of the tribe, tribal 

organization, or tribal consortium. 

‘‘(C) IMPLEMENTATION AUTHORITY.—The Secretary may 

provide the technical assistance and implementation services described in subparagraph (A) either directly or 

through a grant or contract with public or private organizations knowledgeable and experienced in the field of Indian 

tribal affairs and child welfare. 

‘‘(3) APPROPRIATION.—There is appropriated to the Secretary, out of any money in the Treasury of the United States 

not otherwise appropriated, $3,000,000 for fiscal year 2009 

and each fiscal year thereafter to carry out this subsection.’’. 

TITLE IV—IMPROVEMENT OF 

INCENTIVES FOR ADOPTION 

SEC. 401. ADOPTION INCENTIVES PROGRAM. 

(a) 5-YEAR EXTENSION.—Section 473A of the Social Security 

Act (42 U.S.C. 673b) is amended— 

(1) in subsection (b)(4), by striking ‘‘in the case of fiscal 

years 2001 through 2007,’’; 

(2) in subsection (b)(5), by striking ‘‘1998 through 2007’’ 

and inserting ‘‘2008 through 2012’’; 

(3) in subsection (c)(2), by striking ‘‘each of fiscal years 

2002 through 2007’’ and inserting ‘‘a fiscal year’’; and 

(4) in each of subsections (h)(1)(D), and (h)(2), by striking 

‘‘2008’’ and inserting ‘‘2013’’. 

(b) UPDATING OF FISCAL YEAR USED IN DETERMINING BASE

NUMBERS OF ADOPTIONS.—Section 473A(g) of such Act (42 U.S.C. 

673b(g)) is amended— 

(1) in paragraph (3), by striking ‘‘means’’ and all that 

follows and inserting ‘‘means, with respect to any fiscal year, 

the number of foster child adoptions in the State in fiscal 

year 2007.’’; 

(2) in paragraph (4)— 

(A) by inserting ‘‘that are not older child adoptions’’ 

before ‘‘for a State’’; and 

(B) by striking ‘‘means’’ and all that follows and 

inserting ‘‘means, with respect to any fiscal year, the 

number of special needs adoptions that are not older child 

adoptions in the State in fiscal year 2007.’’; and 

(3) in paragraph (5), by striking ‘‘means’’ and all that 

follows and inserting ‘‘means, with respect to any fiscal year, 

the number of older child adoptions in the State in fiscal 

year 2007.’’. 

(c) INCREASE IN INCENTIVE PAYMENTS FOR SPECIAL NEEDS

ADOPTIONS AND OLDER CHILD ADOPTIONS.—Section 473A(d)(1) of 

such Act (42 U.S.C. 673b(d)(1)) is amended— 

(1) in subparagraph (B), by striking ‘‘$2,000’’ and inserting 

‘‘$4,000’’; and 

Waiver authority. 


kgrant on POHRRP4G1 with PUBLAW
122 STAT. 3974 PUBLIC LAW 110–351—OCT. 7, 2008 

(2) in subparagraph (C), by striking ‘‘$4,000’’ and inserting ‘‘$8,000’’. 

(d) 24-MONTH AVAILABILITY OF PAYMENTS TO STATES.—Section 

473A(e) of such Act (42 U.S.C. 673b(e)) is amended— 

(1) in the heading, by striking ‘‘2-YEAR’’ and inserting ‘‘24- 

MONTH’’; and 

(2) by striking ‘‘through the end of the succeeding fiscal 

year’’ and inserting ‘‘for the 24-month period beginning with 

the month in which the payments are made’’. 

(e) ADDITIONAL INCENTIVE PAYMENT FOR EXCEEDING THE

HIGHEST EVER FOSTER CHILD ADOPTION RATE.— (1) IN GENERAL.—Section 473A(d) of such Act (42 U.S.C. 

673b(d)) is amended— 

(A) in paragraph (1), in the matter preceding subparagraph (A), by striking ‘‘paragraph (2)’’ and inserting ‘‘paragraphs (2) and (3)’’; 

(B) in paragraph (2), by striking ‘‘this section’’ each 

place it appears and inserting ‘‘paragraph (1)’’; and 

(C) by adding at the end the following: 

‘‘(3) INCREASED INCENTIVE PAYMENT FOR EXCEEDING THE

HIGHEST EVER FOSTER CHILD ADOPTION RATE.— 

‘‘(A) IN GENERAL.—If— 

‘‘(i) for fiscal year 2009 or any fiscal year thereafter 

the total amount of adoption incentive payments payable under paragraph (1) of this subsection are less 

than the amount appropriated under subsection (h) 

for the fiscal year; and 

‘‘(ii) a State’s foster child adoption rate for that 

fiscal year exceeds the highest ever foster child adoption rate determined for the State, 

then the adoption incentive payment otherwise determined 

under paragraph (1) of this subsection for the State shall 

be increased, subject to subparagraph (C) of this paragraph, 

by the amount determined for the State under subparagraph (B) of this paragraph. 

‘‘(B) AMOUNT OF INCREASE.—For purposes of subparagraph (A), the amount determined under this subparagraph 

with respect to a State and a fiscal year is the amount 

equal to the product of— 

‘‘(i) $1,000; and 

‘‘(ii) the excess of— 

‘‘(I) the number of foster child adoptions in 

the State in the fiscal year; over 

‘‘(II) the product (rounded to the nearest whole 

number) of— 

‘‘(aa) the highest ever foster child adoption 

rate determined for the State; and 

‘‘(bb) the number of children in foster care 

under the supervision of the State on the last 

day of the preceding fiscal year. 

‘‘(C) PRO RATA ADJUSTMENT IF INSUFFICIENT FUNDS

AVAILABLE.—For any fiscal year, if the total amount of 

increases in adoption incentive payments otherwise payable 

under this paragraph for a fiscal year exceeds the amount 

available for such increases for the fiscal year, the amount 

of the increase payable to each State under this paragraph 

for the fiscal year shall be— 


kgrant on POHRRP4G1 with PUBLAW
PUBLIC LAW 110–351—OCT. 7, 2008 122 STAT. 3975 

‘‘(i) the amount of the increase that would otherwise be payable to the State under this paragraph 

for the fiscal year; multiplied by 

‘‘(ii) the percentage represented by the amount 

so available for the fiscal year, divided by the total 

amount of increases otherwise payable under this paragraph for the fiscal year.’’. 

(2) DEFINITIONS.—Section 473A(g) of such Act (42 U.S.C. 

673b(g)) is amended by adding at the end the following: 

‘‘(7) HIGHEST EVER FOSTER CHILD ADOPTION RATE.—The 

term ‘highest ever foster child adoption rate’ means, with 

respect to any fiscal year, the highest foster child adoption 

rate determined for any fiscal year in the period that begins 

with fiscal year 2002 and ends with the preceding fiscal year. 

‘‘(8) FOSTER CHILD ADOPTION RATE.—The term ‘foster child 

adoption rate’ means, with respect to a State and a fiscal 

year, the percentage determined by dividing— 

‘‘(A) the number of foster child adoptions finalized in 

the State during the fiscal year; by 

‘‘(B) the number of children in foster care under the 

supervision of the State on the last day of the preceding 

fiscal year.’’. 

(3) CONFORMING AMENDMENTS.— 

(A) STATE ELIGIBILITY.—Section 473A(b)(2) of such Act 

(42 U.S.C. 673b(b)(2)) is amended— 

(i) in subparagraph (A), by striking ‘‘or’’ at the 

end; 

(ii) in subparagraph (B), by adding ‘‘or’’ at the 

end; and 

(iii) by adding at the end the following: 

‘‘(C) the State’s foster child adoption rate for the fiscal 

year exceeds the highest ever foster child adoption rate determined for the State;’’. 

(B) DATA.—Section 473A(c)(2) of such Act (42 U.S.C. 

673b(c)(2)), as amended by subsection (a)(3) of this section, 

is amended by inserting ‘‘and the foster child adoption 

rate for the State for the fiscal year,’’ after ‘‘during a 

fiscal year,’’. 

SEC. 402. PROMOTION OF ADOPTION OF CHILDREN WITH SPECIAL 

NEEDS. 

Section 473 of the Social Security Act (42 U.S.C. 673), as 

amended by section 101(b) of this Act, is amended— 

(1) in subsection (a)— 

(A) in paragraph (2)— 

(i) in subparagraph (A)— 

(I) by redesignating items (aa) and (bb) of 

clause (i)(I) as subitems (AA) and (BB), respectively; 

(II) in subitem (BB) of clause (i)(I) (as so 

redesignated), by striking ‘‘item (aa) of this subclause’’ and inserting ‘‘subitem (AA) of this item’’; 

(III) by redesignating subclauses (I) through 

(III) of clause (i) as items (aa) through (cc), respectively; 

(IV) by redesignating clauses (i) and (ii) as 

subclauses (I) and (II), respectively; 


kgrant on POHRRP4G1 with PUBLAW
122 STAT. 3976 PUBLIC LAW 110–351—OCT. 7, 2008 

(V) by realigning the margins of the items, 

subclauses, and clauses redesignated by subclauses 

(I) through (IV) accordingly; 

(VI) by striking ‘‘if the child—’’ and inserting 

‘‘if— 

‘‘(i) in the case of a child who is not an applicable child 

for the fiscal year (as defined in subsection (e)), the child— 

’’; 

(VII) in subclause (II) of clause (i) (as so 

redesignated)— 

(aa) by striking ‘‘(c)’’ and inserting ‘‘(c)(1)’’; 

and 

(bb) by striking the period at the end and 

inserting ‘‘; or’’; and 

(VIII) by adding at the end the following: 

‘‘(ii) in the case of a child who is an applicable child for 

the fiscal year (as so defined), the child— 

‘‘(I)(aa) at the time of initiation of adoption proceedings 

was in the care of a public or licensed private child placement agency or Indian tribal organization pursuant to— 

‘‘(AA) an involuntary removal of the child from 

the home in accordance with a judicial determination 

to the effect that continuation in the home would be 

contrary to the welfare of the child; or 

‘‘(BB) a voluntary placement agreement or voluntary relinquishment; 

‘‘(bb) meets all medical or disability requirements of 

title XVI with respect to eligibility for supplemental security income benefits; or 

‘‘(cc) was residing in a foster family home or child 

care institution with the child’s minor parent, and the 

child’s minor parent was in such foster family home or 

child care institution pursuant to— 

‘‘(AA) an involuntary removal of the child from 

the home in accordance with a judicial determination 

to the effect that continuation in the home would be 

contrary to the welfare of the child; or 

‘‘(BB) a voluntary placement agreement or voluntary relinquishment; and 

‘‘(II) has been determined by the State, pursuant to 

subsection (c)(2), to be a child with special needs.’’; and 

(ii) in subparagraph (C)— 

(I) by redesignating subclauses (I) and (II) of 

clause (iii) as items (aa) and (bb), respectively; 

(II) by redesignating subclauses (I) and (II) 

of clause (iv) as items (aa) and (bb), respectively; 

(III) by redesignating clauses (i) through (iv) 

as subclauses (I) through (IV), respectively; 

(IV) by realigning the margins of the subclauses and clauses redesignated by subclauses (I) 

through (III) accordingly; 

(V) by striking ‘‘if the child—’’ and inserting 

‘‘if— 

‘‘(i) in the case of a child who is not an applicable child 

for the fiscal year (as defined in subsection (e)), the child— 

’’; 


kgrant on POHRRP4G1 with PUBLAW
PUBLIC LAW 110–351—OCT. 7, 2008 122 STAT. 3977 

(VI) in clause (i)(I) (as so redesignated), by 

striking ‘‘(A)(ii)’’ and inserting ‘‘(A)(i)(II)’’; 

(VII) in clause (i)(IV) (as so redesignated)— 

(aa) in the matter preceding item (aa), 

by striking ‘‘(A)’’ and inserting ‘‘(A)(i)’’; and 

(bb) by striking the period at the end and 

inserting ‘‘; or’’; and 

(VIII) by adding at the end the following: 

‘‘(ii) in the case of a child who is an applicable child for 

the fiscal year (as so defined), the child meets the requirements 

of subparagraph (A)(ii)(II), is determined eligible for adoption 

assistance payments under this part with respect to a prior 

adoption (or who would have been determined eligible for such 

payments had the Adoption and Safe Families Act of 1997 

been in effect at the time that such determination would have 

been made), and is available for adoption because the prior 

adoption has been dissolved and the parental rights of the 

adoptive parents have been terminated or because the child’s 

adoptive parents have died.’’; and 

(B) by adding at the end the following: 

‘‘(7)(A) Notwithstanding any other provision of this subsection, 

no payment may be made to parents with respect to any applicable 

child for a fiscal year that— 

‘‘(i) would be considered a child with special needs under 

subsection (c)(2); 

‘‘(ii) is not a citizen or resident of the United States; and 

‘‘(iii) was adopted outside of the United States or was 

brought into the United States for the purpose of being adopted. 

‘‘(B) Subparagraph (A) shall not be construed as prohibiting 

payments under this part for an applicable child described in 

subparagraph (A) that is placed in foster care subsequent to the 

failure, as determined by the State, of the initial adoption of the 

child by the parents described in subparagraph (A). 

‘‘(8) A State shall spend an amount equal to the amount of 

savings (if any) in State expenditures under this part resulting 

from the application of paragraph (2)(A)(ii) to all applicable children 

for a fiscal year to provide to children or families any service 

(including post-adoption services) that may be provided under this 

part or part B.’’; 

(2) in subsection (c)— 

(A) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and realigning the margins 

accordingly; 

(B) by striking ‘‘this section, a child shall not be considered a child with special needs unless’’ and inserting ‘‘this 

section— 

‘‘(1) in the case of a child who is not an applicable child 

for a fiscal year, the child shall not be considered a child 

with special needs unless’’; and 

(C) in paragraph (1)(B), as so redesignated, by striking 

the period at the end and inserting ‘‘; or’’; and 

(D) by adding at the end the following: 

‘‘(2) in the case of a child who is an applicable child for 

a fiscal year, the child shall not be considered a child with 

special needs unless— 


kgrant on POHRRP4G1 with PUBLAW
122 STAT. 3978 PUBLIC LAW 110–351—OCT. 7, 2008 

‘‘(A) the State has determined, pursuant to a criterion 

or criteria established by the State, that the child cannot 

or should not be returned to the home of his parents; 

‘‘(B)(i) the State has determined that there exists with 

respect to the child a specific factor or condition (such 

as ethnic background, age, or membership in a minority 

or sibling group, or the presence of factors such as medical 

conditions or physical, mental, or emotional handicaps) 

because of which it is reasonable to conclude that the 

child cannot be placed with adoptive parents without providing adoption assistance under this section and medical 

assistance under title XIX; or 

‘‘(ii) the child meets all medical or disability requirements of title XVI with respect to eligibility for supplemental security income benefits; and 

‘‘(C) the State has determined that, except where it 

would be against the best interests of the child because 

of such factors as the existence of significant emotional 

ties with prospective adoptive parents while in the care 

of the parents as a foster child, a reasonable, but unsuccessful, effort has been made to place the child with appropriate 

adoptive parents without providing adoption assistance 

under this section or medical assistance under title XIX.’’; 

and 

(3) by adding at the end the following: 

‘‘(e) APPLICABLE CHILD DEFINED.— 

‘‘(1) ON THE BASIS OF AGE.— 

‘‘(A) IN GENERAL.—Subject to paragraphs (2) and (3), 

in this section, the term ‘applicable child’ means a child 

for whom an adoption assistance agreement is entered 

into under this section during any fiscal year described 

in subparagraph (B) if the child attained the applicable 

age for that fiscal year before the end of that fiscal year. 

‘‘(B) APPLICABLE AGE.—For purposes of subparagraph 

(A), the applicable age for a fiscal year is as follows: 

‘‘In the case of fiscal year: The applicable age is: 

2010 ................................................................ 16 

2011 ................................................................ 14 

2012 ................................................................ 12 

2013 ................................................................ 10 

2014 ................................................................ 8 

2015 ................................................................ 6 

2016 ................................................................ 4 

2017 ................................................................ 2 

2018 or thereafter .......................................... any age. 

‘‘(2) EXCEPTION FOR DURATION IN CARE.—Notwithstanding 

paragraph (1) of this subsection, beginning with fiscal year 

2010, such term shall include a child of any age on the date 

on which an adoption assistance agreement is entered into 

on behalf of the child under this section if the child— 

Effective date. 


kgrant on POHRRP4G1 with PUBLAW
PUBLIC LAW 110–351—OCT. 7, 2008 122 STAT. 3979 

‘‘(A) has been in foster care under the responsibility 

of the State for at least 60 consecutive months; and 

‘‘(B) meets the requirements of subsection (a)(2)(A)(ii). 

‘‘(3) EXCEPTION FOR MEMBER OF A SIBLING GROUP.—Notwithstanding paragraphs (1) and (2) of this subsection, beginning with fiscal year 2010, such term shall include a child 

of any age on the date on which an adoption assistance agreement is entered into on behalf of the child under this section 

without regard to whether the child is described in paragraph 

(2)(A) of this subsection if the child— 

‘‘(A) is a sibling of a child who is an applicable child 

for the fiscal year under paragraph (1) or (2) of this subsection; 

‘‘(B) is to be placed in the same adoption placement 

as an applicable child for the fiscal year who is their 

sibling; and 

‘‘(C) meets the requirements of subsection (a)(2)(A)(ii).’’. 

SEC. 403. INFORMATION ON ADOPTION TAX CREDIT. 

Section 471(a) of the Social Security Act (42 U.S.C. 671(a)), 

as amended by sections 101(a), 103, 204(b), 206, and 301(c)(1)(A) 

of this Act, is amended— 

(1) by striking ‘‘and’’ at the end of paragraph (31); 

(2) by striking the period at the end of paragraph (32) 

and inserting ‘‘; and’’; and 

(3) by adding at the end the following: 

‘‘(33) provides that the State will inform any individual 

who is adopting, or whom the State is made aware is considering adopting, a child who is in foster care under the responsibility of the State of the potential eligibility of the individual 

for a Federal tax credit under section 23 of the Internal Revenue 

Code of 1986.’’. 

TITLE V—CLARIFICATION OF UNIFORM 

DEFINITION OF CHILD AND OTHER 

PROVISIONS 

SEC. 501. CLARIFICATION OF UNIFORM DEFINITION OF CHILD. 

(a) CHILD MUST BE YOUNGER THAN CLAIMANT.—Section 

152(c)(3)(A) of the Internal Revenue Code of 1986 is amended 

by inserting ‘‘is younger than the taxpayer claiming such individual 

as a qualifying child and’’ after ‘‘such individual’’. 

(b) CHILD MUST BE UNMARRIED.—Section 152(c)(1) of such Code 

is amended by striking ‘‘and’’ at the end of subparagraph (C), 

by striking the period at the end of subparagraph (D) and inserting 

‘‘, and’’, and by adding at the end the following new subparagraph: 

‘‘(E) who has not filed a joint return (other than only 

for a claim of refund) with the individual’s spouse under 

section 6013 for the taxable year beginning in the calendar 

year in which the taxable year of the taxpayer begins.’’. 

(c) RESTRICT QUALIFYING CHILD TAX BENEFITS TO CHILD’S

PARENT.— 

(1) CHILD TAX CREDIT.—Section 24(a) of such Code is 

amended by inserting ‘‘for which the taxpayer is allowed a 

deduction under section 151’’ after ‘‘of the taxpayer’’. 

26 USC 152. 

Effective date. 


kgrant on POHRRP4G1 with PUBLAW
122 STAT. 3980 PUBLIC LAW 110–351—OCT. 7, 2008 

(2) PERSONS OTHER THAN PARENTS CLAIMING QUALIFYING

CHILD.— 

(A) IN GENERAL.—Section 152(c)(4) of such Code is 

amended by adding at the end the following new subparagraph: 

‘‘(C) NO PARENT CLAIMING QUALIFYING CHILD.—If the 

parents of an individual may claim such individual as 

a qualifying child but no parent so claims the individual, 

such individual may be claimed as the qualifying child 

of another taxpayer but only if the adjusted gross income 

of such taxpayer is higher than the highest adjusted gross 

income of any parent of the individual.’’. 

(B) CONFORMING AMENDMENTS.— 

(i) Section 152(c)(4)(A) of such Code is amended 

by striking ‘‘Except’’ through ‘‘2 or more taxpayers’’ 

and inserting ‘‘Except as provided in subparagraphs 

(B) and (C), if (but for this paragraph) an individual 

may be claimed as a qualifying child by 2 or more 

taxpayers’’. 

(ii) The heading for section 152(c)(4) of such Code 

is amended by striking ‘‘CLAIMING’’ and inserting ‘‘WHO

CAN CLAIM THE SAME’’. 

(d) EFFECTIVE DATE.—The amendments made by this section 

shall apply to taxable years beginning after December 31, 2008. 

SEC. 502. INVESTMENT OF OPERATING CASH. 

Section 323 of title 31, United States Code, is amended to 

read as follows: 

‘‘§ 323. Investment of operating cash 

‘‘(a) To manage United States cash, the Secretary of the 

Treasury may invest any part of the operating cash of the Treasury 

for not more than 90 days. The Secretary may invest the operating 

cash of the Treasury in— 

‘‘(1) obligations of depositories maintaining Treasury tax 

and loan accounts secured by pledged collateral acceptable to 

the Secretary; 

‘‘(2) obligations of the United States Government; and 

‘‘(3) repurchase agreements with parties acceptable to the 

Secretary. 

‘‘(b) Subsection (a) of this section does not require the Secretary 

to invest a cash balance held in a particular account. 

‘‘(c) The Secretary shall consider the prevailing market in prescribing rates of interest for investments under subsection (a)(1) 

of this section. 

‘‘(d)(1) The Secretary of the Treasury shall submit each fiscal 

year to the appropriate committees a report detailing the investment of operating cash under subsection (a) for the preceding fiscal 

year. The report shall describe the Secretary’s consideration of 

risks associated with investments and the actions taken to manage 

such risks. 

‘‘(2) For purposes of paragraph (1), the term ‘appropriate 

committees’ means the Committee on Ways and Means of the 

House of Representatives and the Committee on Finance of the 

Senate.’’. 

Deadline. 

Reports. 

26 USC 24 note. 

26 USC 152. 


kgrant on POHRRP4G1 with PUBLAW
PUBLIC LAW 110–351—OCT. 7, 2008 122 STAT. 3981 

LEGISLATIVE HISTORY—H.R. 6893: 

CONGRESSIONAL RECORD, Vol. 154 (2008): 

Sept. 17, considered and passed House. 

Sept. 22, considered and passed Senate. 

Æ 

SEC. 503. NO FEDERAL FUNDING TO UNLAWFULLY PRESENT INDIVIDUALS. 

Nothing in this Act shall be construed to alter prohibitions 

on Federal payments to individuals who are unlawfully present 

in the United States. 

TITLE VI—EFFECTIVE DATE 

SEC. 601. EFFECTIVE DATE. 

(a) IN GENERAL.—Except as otherwise provided in this Act, 

each amendment made by this Act to part B or E of title IV 

of the Social Security Act shall take effect on the date of the 

enactment of this Act, and shall apply to payments under the 

part amended for quarters beginning on or after the effective date 

of the amendment. 

(b) DELAY PERMITTED IF STATE LEGISLATION REQUIRED.—In 

the case of a State plan approved under part B or E of title 

IV of the Social Security Act which the Secretary of Health and 

Human Services determines requires State legislation (other than 

legislation appropriating funds) in order for the plan to meet the 

additional requirements imposed by this Act, the State plan shall 

not be regarded as failing to comply with the requirements of 

such part solely on the basis of the failure of the plan to meet 

such additional requirements before the 1st day of the 1st calendar 

quarter beginning after the close of the 1st regular session of 

the State legislature that ends after the 1-year period beginning 

with the date of the enactment of this Act. For purposes of the 

preceding sentence, in the case of a State that has a 2-year legislative session, each year of the session is deemed to be a separate 

regular session of the State legislature. 

Approved October 7, 2008. 

42 USC 671 note. 

42 USC 671 note. 


kgrant on POHRRP4G1 with PUBLAW