42 U.S.C. § 622 (THE PUBLIC HEALTH AND WELFARE)
§ 622. State plans for child welfare services
(a) Joint development
In order to be eligible for payment under this subpart, a State must have a plan for child welfare services which has been developed jointly by the Secretary and the State agency designated pursuant to subsection (b)(1), and which meets the requirements of subsection (b).
(b) Requisite features of State plans
Each plan for child welfare services under this subpart shall—
(1) provide that a State agency will administer or supervise the administration of the plan under this subpart;
(2) provide for coordination between the services provided for children under the plan and the services and assistance provided under division A 1 of subchapter XX, under the State program funded under part A, under the State plan approved under subpart 2 of this part, under the State plan approved under the State plan approved 2 under part E, and under other State programs having a relationship to the program under this subpart, with a view to provision of welfare and related services which will best promote the welfare of such children and their families;
(3) include a description of the services and activities which the State will fund under the State program carried out pursuant to this subpart, and how the services and activities will achieve the purpose of this subpart;
(4) contain a description of—
(A) the steps the State will take to provide child welfare services statewide and to expand and strengthen the range of existing services and develop and implement services to improve child outcomes;
(B) the child welfare services staff development and training plans of the State; and
(C) the steps that the State will take to ensure that, with respect to any judicial proceeding involving a child and in which there is an allegation of child abuse or neglect, including a proceeding on dependency, adoption, guardianship, or termination of parental rights, information about available independent legal representation is provided to—
(i) the child, as appropriate; and
(ii) any individual who is a parent or guardian, or has legal custody, of the child;
(5) provide, in the development of services for children, for utilization of the facilities and experience of voluntary agencies in accordance with State and local programs and arrangements, as authorized by the State;
(6) provide that the agency administering or supervising the administration of the plan will furnish such reports, containing such information, and participate in such evaluations, as the Secretary may require;
(7) provide for the diligent recruitment of potential foster and adoptive families that reflect the ethnic and racial diversity of children in the State for whom foster and adoptive homes are needed;
(8) provide assurances that the State—
(A) is operating, to the satisfaction of the Secretary—
(i) a statewide information system from which can be readily determined the status, demographic characteristics, location, and goals for the placement of every child who is (or, within the immediately preceding 12 months, has been) in foster care;
(ii) a case review system (as defined in section 675(5) of this title and in accordance with the requirements of section 675a of this title) for each child receiving foster care under the supervision of the State;
(iii) a service program designed to help children—
(I) where safe and appropriate, return to families from which they have been removed; or
(II) be placed for adoption, with a legal guardian, or, if adoption or legal guardianship is determined not to be appropriate for a child, in some other planned, permanent living arrangement, subject to the requirements of sections 675(5)(C) and 675a(a) of this title, which may include a residential educational program; and
(iv) a preplacement preventive services program designed to help children at risk of foster care placement remain safely with their families; and
(B) has in effect policies and administrative and judicial procedures for children abandoned at or shortly after birth (including policies and procedures providing for legal representation of the children) which enable permanent decisions to be made expeditiously with respect to the placement of the children;
(9) contain a description, developed after consultation with tribal organizations (as defined in section 5304 of title 25) in the State, of the specific measures taken by the State to comply with the Indian Child Welfare Act of 1978 [25 U.S.C. 1901 et seq.], including how the State will ensure timely notice to Indian tribes of State custody proceedings involving Indian children, foster care or adoptive placements of Indian children, and case recordkeeping as such matters relate to transfers of jurisdiction, termination of parental rights, and active efforts;
(10) contain assurances that the State shall make effective use of cross-jurisdictional resources (including through contracts for the purchase of services), and shall eliminate legal barriers, to facilitate timely adoptive or permanent placements for waiting children;
(11) contain a description of the activities that the State has undertaken for children adopted from other countries, including the provision of adoption and post-adoption services;
(12) provide that the State shall collect and report information on children who are adopted from other countries and who enter into State custody as a result of the disruption of a placement for adoption or the dissolution of an adoption, including the number of children, the agencies who handled the placement or adoption, the plans for the child, and the reasons for the disruption or dissolution;
(13) demonstrate substantial, ongoing, and meaningful collaboration with State courts in the development and implementation of the State plan under this subpart, the State plan approved under subpart 2, and the State plan approved under part E, and in the development and implementation of any program improvement plan required under section 1320a–2a of this title;
(14) not later than October 1, 2007, include assurances that not more than 10 percent of the expenditures of the State with respect to activities funded from amounts provided under this subpart will be for administrative costs;
(15)
(A) provides 3 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 subchapter XIX, and, if applicable, the State agency responsible for mental health services, and in consultation with pediatricians, mental health providers, 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, including a list of services provided to support the physical and emotional trauma associated with a child’s maltreatment and removal from home;
(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 and mental health services, which may include the establishment of a medical home for every child in care;
(v) the oversight of prescription medicines, including protocols for the appropriate use and monitoring of psychotropic medications, informed consent of youth, and compliance with professional practice guidelines;
(vi) how the State actively consults with and involves physicians, licensed mental health providers, 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;
(vii) the procedures and protocols the State has established to ensure that children in foster care placements are not inappropriately diagnosed with mental illness, other emotional or behavioral disorders, medically fragile conditions, or developmental disabilities, and placed in settings that are not foster family homes as a result of the inappropriate diagnoses; and
(viii) steps to ensure that the components of the transition plan development process required under section 675(5)(H) of this title that relate to the health care needs of children aging out of foster care, including the requirements to include options for health insurance, information about a health care power of attorney, health care proxy, or other similar document recognized under State law, and to provide the child with the option to execute such a document, are met; 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 subchapter XIX to administer and provide care and services for children with respect to whom services are provided under the State plan developed pursuant to this subpart;
(16) provide that, not later than 1 year after September 28, 2006, the State shall have in place procedures providing for how the State programs assisted under this subpart, subpart 2 of this part, or part E would respond to a disaster, in accordance with criteria established by the Secretary which should include how a State would—
(A) identify, locate, and continue availability of services for children under State care or supervision who are displaced or adversely affected by a disaster;
(B) respond, as appropriate, to new child welfare cases in areas adversely affected by a disaster, and provide services in those cases;
(C) remain in communication with caseworkers and other essential child welfare personnel who are displaced because of a disaster;
(D) preserve essential program records; and
(E) coordinate services and share information with other States;
(17) not later than October 1, 2007, describe the State standards for the content and frequency of caseworker visits for children who are in foster care under the responsibility of the State, which, at a minimum, ensure that the children are visited on a monthly basis and that the caseworker visits are well-planned and focused on issues pertinent to case planning and service delivery to ensure the safety, permanency, and well-being of the children, and include a description of how the State may offer virtual caseworker visits to youth in care who have attained the age of 18 years and provided informed consent for virtual visits;
(18) include a description of the activities that the State has undertaken to reduce the length of time children who have not attained 5 years of age are without a permanent family, and the activities the State undertakes to address the developmental needs of all vulnerable children under 5 years of age who receive benefits or services under this part or part E; and
(19) document steps taken to track and prevent child maltreatment deaths by including—
(A) a description of the steps the State is taking to compile complete and accurate information on the deaths required by Federal law to be reported by the State agency referred to in paragraph (1), including gathering relevant information on the deaths from the relevant organizations in the State including entities such as State vital statistics department, child death review teams, law enforcement agencies, offices of medical examiners, or coroners; and
(B) a description of the steps the State is taking to develop and implement a comprehensive, statewide plan to prevent the fatalities that involves and engages relevant public and private agency partners, including those in public health, law enforcement, and the courts.
(c) Definitions
In this subpart:
(1) Administrative costs
The term “administrative costs” means costs for the following, but only to the extent incurred in administering the State plan developed pursuant to this subpart: procurement, payroll management, personnel functions (other than the portion of the salaries of supervisors attributable to time spent directly supervising the provision of services by caseworkers), management, maintenance and operation of space and property, data processing and computer services, accounting, budgeting, auditing, and travel expenses (except those related to the provision of services by caseworkers or the oversight of programs funded under this subpart).
(2) Other terms
For definitions of other terms used in this part, see section 675 of this title.
(Aug. 14, 1935, ch. 531, title IV, § 422, as added and amended Pub. L. 90–248, title II, § 240(c), (d), Jan. 2, 1968, 81 Stat. 912, 915; Pub. L. 93–647, § 3(a)(6), (7), (h), Jan. 4, 1975, 88 Stat. 2348, 2349; Pub. L. 96–272, title I, § 103(a), June 17, 1980, 94 Stat. 517; Pub. L. 101–239, title X, § 10403(b)(1), Dec. 19, 1989, 103 Stat. 2488; Pub. L. 103–66, title XIII, § 13711(b)(1), Aug. 10, 1993, 107 Stat. 655; Pub. L. 103–382, title V, § 554, Oct. 20, 1994, 108 Stat. 4057; Pub. L. 103–432, title II, §§ 202(a), 204(a), Oct. 31, 1994, 108 Stat. 4453, 4456; Pub. L. 104–193, title I, § 108(b), Aug. 22, 1996, 110 Stat. 2165; Pub. L. 105–33, title V, § 5592(a)(1)(A), (2), Aug. 5, 1997, 111 Stat. 644; Pub. L. 105–89, title I, § 102(1), title II, § 202(a), Nov. 19, 1997, 111 Stat. 2117, 2125; Pub. L. 105–200, title IV, § 410(b), July 16, 1998, 112 Stat. 673; Pub. L. 106–279, title II, § 205, Oct. 6, 2000, 114 Stat. 837; Pub. L. 109–171, title VII, § 7401(b), Feb. 8, 2006, 120 Stat. 150; Pub. L. 109–239, § 13, July 3, 2006, 120 Stat. 514; Pub. L. 109–288, §§ 6(c), 7(a), Sept. 28, 2006, 120 Stat. 1244, 1248; Pub. L. 110–351, title II, § 205, Oct. 7, 2008, 122 Stat. 3961; Pub. L. 111–148, title II, § 2955(c), title VI, § 6703(d)(2)(B), Mar. 23, 2010, 124 Stat. 352, 803; Pub. L. 112–34, title I, § 101(b), Sept. 30, 2011, 125 Stat. 369; Pub. L. 113–183, title I, § 112(a)(2), (b)(2)(A)(i), Sept. 29, 2014, 128 Stat. 1926, 1927; Pub. L. 115–123, div. E, title VII, §§ 50732, 50743(a), 50772, Feb. 9, 2018, 132 Stat. 251, 260, 268; Pub. L. 118–258, title I, §§ 106(c)–(e), 107(a)(2)(A), 109(a), Jan. 4, 2025, 138 Stat. 2952, 2954, 2958.)
heading: Editorial Notes
heading: References in Text
text: Division A of subchapter XX, referred to in subsec. (b)(1), (2), was in the original a reference to subtitle 1 of title XX, which was translated as if referring to subtitle A of title XX of the Social Security Act, to reflect the probable intent of Congress. Title XX of the Act, enacting subchapter XX of this chapter, does not contain a subtitle 1.
Section 103(d) of the Adoption Assistance and Child Welfare Act of 1980, referred to in subsec. (b)(1), is section 103(d) of Pub. L. 96–272, which is set out as a note below.
The Indian Child Welfare Act of 1978, referred to in subsec. (b)(9), is Pub. L. 95–608, Nov. 8, 1978, 92 Stat. 3069, which is classified principally to chapter 21 (§ 1901 et seq.) of Title 25, Indians. For complete classification of this Act to the Code, see Short Title note set out under section 1901 of Title 25 and Tables.
heading: Amendments
text: 2025—Subsec. (b)(1). Pub. L. 118–258, § 106(c), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “provide that (A) the individual or agency that administers or supervises the administration of the State’s services program under division A of subchapter XX will administer or supervise the administration of the plan (except as otherwise provided in section 103(d) of the Adoption Assistance and Child Welfare Act of 1980), and (B) to the extent that child welfare services are furnished by the staff of the State agency or local agency administering the plan, a single organizational unit in such State or local agency, as the case may be, will be responsible for furnishing such child welfare services;”.
Subsec. (b)(4)(C). Pub. L. 118–258, § 106(d), added subpar. (C).
Subsec. (b)(9). Pub. L. 118–258, § 107(a)(2)(A), substituted “Act of 1978, including how the State will ensure timely notice to Indian tribes of State custody proceedings involving Indian children, foster care or adoptive placements of Indian children, and case recordkeeping as such matters relate to transfers of jurisdiction, termination of parental rights, and active efforts;” for “Act;”.
Subsec. (b)(15)(A). Pub. L. 118–258, § 106(e)(1), inserted “and, if applicable, the State agency responsible for mental health services,” before “and in consultation” and “mental health providers,” before “other experts” in introductory provisions.
Subsec. (b)(15)(A)(ii). Pub. L. 118–258, § 106(e)(2), inserted “a list of services provided to support the physical and” before “emotional”.
Subsec. (b)(15)(A)(iv). Pub. L. 118–258, § 106(e)(3), inserted “and mental health” before “services”.
Subsec. (b)(15)(A)(v). Pub. L. 118–258, § 106(e)(4), inserted “, informed consent of youth, and compliance with professional practice guidelines” before semicolon at end.
Subsec. (b)(15)(A)(vi). Pub. L. 118–258, § 106(e)(5), inserted “, licensed mental health providers,” before “or other”.
Subsec. (b)(17). Pub. L. 118–258, § 109(a), inserted “, and include a description of how the State may offer virtual caseworker visits to youth in care who have attained the age of 18 years and provided informed consent for virtual visits” before semicolon at end.
2018—Subsec. (b)(15)(A)(vii), (viii). Pub. L. 115–123, § 50743(a), added cl. (vii) and redesignated former cl. (vii) as (viii).
Subsec. (b)(18). Pub. L. 115–123, § 50772, substituted “all vulnerable children under 5 years of age” for “such children”.
Subsec. (b)(19). Pub. L. 115–123, § 50732, amended par. (19) generally. Prior to amendment, par. (19) read as follows: “contain a description of the sources used to compile information on child maltreatment deaths required by Federal law to be reported by the State agency referred to in paragraph (1), and to the extent that the compilation does not include information on such deaths from the State vital statistics department, child death review teams, law enforcement agencies, or offices of medical examiners or coroners, the State shall describe why the information is not so included and how the State will include the information.”
2014—Subsec. (b)(8)(A)(ii). Pub. L. 113–183, § 112(b)(2)(A)(i), inserted “and in accordance with the requirements of section 675a of this title” after “section 675(5) of this title”.
Subsec. (b)(8)(A)(iii)(II). Pub. L. 113–183, § 112(a)(2), inserted “, subject to the requirements of sections 675(5)(C) and 675a(a) of this title” after “arrangement”.
2011—Subsec. (b)(15)(A)(ii). Pub. L. 112–34, § 101(b)(1), inserted “, including emotional trauma associated with a child’s maltreatment and removal from home” before the semicolon.
Subsec. (b)(15)(A)(v). Pub. L. 112–34, § 101(b)(2), inserted “, including protocols for the appropriate use and monitoring of psychotropic medications” before the semicolon.
Subsec. (b)(18). Pub. L. 112–34, § 101(b)(3), added par. (18).
Subsec. (b)(19). Pub. L. 112–34, § 101(b)(4), added par. (19).
2010—Subsec. (b)(1), (2). Pub. L. 111–148, § 6703(d)(2)(B), inserted “division A of” before “subchapter XX”.
Subsec. (b)(15)(A)(vii). Pub. L. 111–148, § 2955(c), added cl. (vii).
2008—Subsec. (b)(15). Pub. L. 110–351 amended par. (15) generally. Prior to amendment, par. (15) read as follows: “describe how the State actively consults with and involves physicians or other appropriate medical professionals in—
“(A) assessing the health and well-being of children in foster care under the responsibility of the State; and
“(B) determining appropriate medical treatment for the children;”.
2006—Subsec. (b)(3). Pub. L. 109–288, § 6(c)(1)(A), added par. (3) and struck out former par. (3) which read as follows: “provide that the standards and requirements imposed with respect to child day care under subchapter XX of this chapter shall apply with respect to day care services under this subpart, except insofar as eligibility for such services is involved;”.
Subsec. (b)(4). Pub. L. 109–288, § 6(c)(1)(A), (B), added par. (4) and struck out former par. (4) which read as follows: “provide for the training and effective use of paid paraprofessional staff, with particular emphasis on the full-time or part-time employment of persons of low income, as community service aides, in the administration of the plan, and for the use of nonpaid or partially paid volunteers in providing services and in assisting any advisory committees established by the State agency;”.
Subsec. (b)(5). Pub. L. 109–288, § 6(c)(1)(A), (C), redesignated par. (7) as (5) and struck out former par. (5) which read as follows: “contain a description of the services to be provided and specify the geographic areas where such services will be available;”.
Subsec. (b)(6). Pub. L. 109–288, § 6(c)(1)(B), (C), redesignated par. (8) as (6) and struck out former par. (6) which read as follows: “contain a description of the steps which the State will take to provide child welfare services and to make progress in—
“(A) covering additional political subdivisions,
“(B) reaching additional children in need of services, and
“(C) expanding and strengthening the range of existing services and developing new types of services,
along with a description of the State’s child welfare services staff development and training plans;”.
Subsec. (b)(7). Pub. L. 109–288, § 6(c)(1)(C), redesignated par. (9) as (7). Former par. (7) redesignated (5).
Subsec. (b)(8), (9). Pub. L. 109–288, § 6(c)(1)(G), redesignated pars. (10) and (11) as (8) and (9), respectively. Former pars. (8) and (9) redesignated (6) and (7), respectively.
Subsec. (b)(10). Pub. L. 109–288, § 6(c)(1)(G), redesignated par. (12) as (10). Former par. (10) redesignated (8).
Subsec. (b)(10)(A). Pub. L. 109–288, § 6(c)(1)(D)(i), (iii), redesignated subpar. (B) as (A) and struck out former subpar. (A) which read as follows: “since June 17, 1980, has completed an inventory of all children who, before the inventory, had been in foster care under the responsibility of the State for 6 months or more, which determined—
“(i) the appropriateness of, and necessity for, the foster care placement;
“(ii) whether the child could or should be returned to the parents of the child or should be freed for adoption or other permanent placement; and
“(iii) the services necessary to facilitate the return of the child or the placement of the child for adoption or legal guardianship;”.
Subsec. (b)(10)(B). Pub. L. 109–288, § 6(c)(1)(D)(iv), added subpar. (B). Former subpar. (B) redesignated (A).
Subsec. (b)(10)(B)(iii)(II). Pub. L. 109–288, § 6(c)(1)(D)(ii), inserted “, which may include a residential educational program” after “in some other planned, permanent living arrangement”.
Subsec. (b)(10)(C). Pub. L. 109–288, § 6(c)(1)(D)(iv), struck out subpar. (C) which read as follows:
“(i) has reviewed (or within 12 months after October 31, 1994, will review) State policies and administrative and judicial procedures in effect for children abandoned at or shortly after birth (including policies and procedures providing for legal representation of such children); and
“(ii) is implementing (or within 24 months after October 31, 1994, will implement) such policies and procedures as the State determines, on the basis of the review described in clause (i), to be necessary to enable permanent decisions to be made expeditiously with respect to the placement of such children;”.
Subsec. (b)(11). Pub. L. 109–288, § 6(c)(1)(G), redesignated par. (13) as (11). Former par. (11) redesignated (9).
Subsec. (b)(12). Pub. L. 109–288, § 6(c)(1)(G), redesignated par. (14) as (12). Former par. (12) redesignated (10).
Pub. L. 109–239 substituted “make” for “develop plans for the” and inserted “(including through contracts for the purchase of services), and shall eliminate legal barriers,” after “resources”.
Subsec. (b)(13). Pub. L. 109–288, § 6(c)(1)(G), redesignated par. (15) as (13). Former par. (13) redesignated (11).
Subsec. (b)(14). Pub. L. 109–288, § 6(c)(1)(E), (F), (H), added par. (14). Former par. (14) redesignated (12).
Subsec. (b)(15). Pub. L. 109–288, § 6(c)(1)(E), (F), (H), added par. (15). Former par. (15) redesignated (13).
Pub. L. 109–171 added par. (15).
Subsec. (b)(16). Pub. L. 109–288, § 6(c)(1)(E), (F), (H), added par. (16).
Subsec. (b)(17). Pub. L. 109–288, § 7(a), added par. (17).
Subsec. (c). Pub. L. 109–288, § 6(c)(2), added subsec. (c).
2000—Subsec. (b)(13), (14). Pub. L. 106–279 added pars. (13) and (14).
1998—Subsec. (b)(2). Pub. L. 105–200 struck out “under” before “the State plan approved under part E”.
1997—Subsec. (b)(9). Pub. L. 105–33, § 5592(a)(2), made technical amendment to directory language of Pub. L. 103–432, § 204(a)(2). See 1994 Amendment note below.
Pub. L. 105–33, § 5592(a)(1)(A)(iii), redesignated par. (9), relating to providing assurances that the State has met certain requirements to protect foster children, as (10).
Pub. L. 105–33, § 5592(a)(1)(A)(i), amended par. (9) relating to diligent recruitment of potential foster and adoptive families by substituting a semicolon for period at end.
Subsec. (b)(10). Pub. L. 105–33, § 5592(a)(1)(A)(iii), redesignated par. (9), relating to providing assurances that the State has met certain requirements to protect foster children, as (10). Former par. (10) redesignated (11).
Subsec. (b)(10)(B). Pub. L. 105–89, § 102(1), in cl. (iii)(I) inserted “safe and” after “where” and in cl. (iv) inserted “safely” after “remain”.
Subsec. (b)(11). Pub. L. 105–33, § 5592(a)(1)(A)(ii), redesignated par. (10) as (11).
Subsec. (b)(12). Pub. L. 105–89, § 202(a), added par. (12).
1996—Subsec. (b)(2). Pub. L. 104–193 substituted “program funded under part A” for “plan approved under part A of this subchapter” and “under the State plan approved under part E” for “part E of this subchapter”.
1994—Subsec. (b)(7). Pub. L. 103–432, § 202(a)(1), which directed amendment of par. (7) by striking out “and” at end, could not be executed because “and” did not appear at end subsequent to amendment by Pub. L. 103–382, § 554(1). See below.
Pub. L. 103–382, § 554(1), struck out “and” at end.
Subsec. (b)(8). Pub. L. 103–432, § 204(a)(1), struck out “and” at end.
Pub. L. 103–432, § 202(a)(2), which directed amendment of par. (8) by substituting “; and” for period at end, could not be executed because there was no period at end subsequent to amendment by Pub. L. 103–382, § 554(2). See below.
Pub. L. 103–382, § 554(2), substituted “; and” for period at end.
Subsec. (b)(9). Pub. L. 103–432, § 204(a)(2), as amended by Pub. L. 105–33, § 5592(a)(2), substituted “; and” for period at end of par. (9) relating to providing assurances that the State has met certain requirements to protect foster children.
Pub. L. 103–432, § 202(a)(3), added par. (9) relating to providing assurances that the State has met certain requirements to protect foster children.
Pub. L. 103–382, § 554(3), added par. (9) relating to diligent recruitment of potential foster and adoptive families.
Subsec. (b)(10). Pub. L. 103–432, § 204(a)(3), added par. (10).
1993—Subsec. (a). Pub. L. 103–66, § 13711(b)(1)(A), substituted “under this subpart” for “under this part”.
Subsec. (b). Pub. L. 103–66, § 13711(b)(1)(B), substituted “this subpart” for “this part” in introductory provisions.
Subsec. (b)(2). Pub. L. 103–66, § 13711(b)(1)(B), (C), inserted “under the State plan approved under subpart 2 of this part,” after “part A of this subchapter,” and substituted “under this subpart” for “under this part”.
Subsec. (b)(3). Pub. L. 103–66, § 13711(b)(1)(B), substituted “under this subpart” for “under this part”.
1989—Subsec. (b)(1)(A). Pub. L. 101–239 substituted “the individual or agency that administers or supervises the administration of the State’s services program under subchapter XX” for “the individual or agency designated pursuant to section 1397b(d)(1)(C) of this title to administer or supervise the administration of the State’s services program”.
1980—Pub. L. 96–272 substituted provisions relating to State plans covering child welfare services for provisions relating to the payments to States and the computation of amounts.
1975—Subsec. (a)(1)(A)(i). Pub. L. 93–647, § 3(a)(6), substituted “the individual or agency designated pursuant to section 1397b(d)(1)(C) of this title to administer or supervise the administration of the State’s services program” for “the State agency designated pursuant to section 602(a)(3) of this title to administer or supervise the administration of the plan of the State approved under part A of this subchapter”.
Subsec. (a)(i)(A)(ii). Pub. L. 93–647, § 3(a)(7), substituted “a single organizational unit in such State or local agency, as the case may be,” for “the organizational unit in such State or local agency established pursuant to section 602(a)(15) of this title”.
Subsec. (c). Pub. L. 93–647, § 3(h), added subsec. (c).
1968—Subsec. (a)(1). Pub. L. 90–248, § 240(d), added subpar. (A) and redesignated former subpars. (A) and (B) as (B) and (C), respectively.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 2025 Amendment
text: Pub. L. 118–258, title I, § 117, Jan. 4, 2025, 138 Stat. 2969, provided that:
“(a) In General.—
The amendments made by this title [enacting sections 628d, 629k, and 629l of this titleand amending this section and sections 623 to 625, 627, 628, 629a to 629i, 629m, and 674 of this title] shall take effect on October 1, 2025, and shall apply to payments under part B of title IV of the Social Security Act [42 U.S.C. 620 et seq.] for calendar quarters beginning on or after such date.
“(b) Delay Permitted if State Legislation Required.—
If the Secretary of Health and Human Services determines that State legislation (other than legislation appropriating funds) is required in order for a State plan developed pursuant to part B of title IV of the Social Security Act to meet the additional requirements imposed by the amendments made by this title, the plan shall not be regarded as failing to meet any of the additional requirements before the 1st day of the 1st calendar quarter beginning after the first regular session of the State legislature that begins after the date of the enactment of this Act [Jan. 4, 2025]. For purposes of the preceding sentence, if the State has a 2-year legislative session, each year of the session is deemed to be a separate regular session of the State legislature.
“(c) Application to Programs Operated by Indian Tribal Organizations.—
In the case of an Indian tribe, tribal organization, or tribal consortium that the Secretary of Health and Human Services determines requires time to take action necessary to comply with the additional requirements imposed by the amendments made by this Act [enacting sections 628d, 629k, and 629l of this title and amending this section, sections 623 to 625, 627, 628, 629a to 629i, 629m, 653, 654, 664, and 674 of this title, and sections 6103 and 6402 of Title 26, Internal Revenue Code] (whether the tribe, organization, or tribal consortium has a plan under section 479B of the Social Security Act [42 U.S.C. 679c] or a cooperative agreement or contract entered into with a State), the Secretary shall provide the tribe, organization, or tribal consortium with such additional time as the Secretary determines is necessary for the tribe, organization, or tribal consortium to take the action to comply with the additional requirements before being regarded as failing to comply with the requirements.”
heading: Effective Date of 2018 Amendment
text: Pub. L. 115–123, div. E, title VII, § 50734, Feb. 9, 2018, 132 Stat. 252, provided that:
“(a) Effective Dates.—
“(1) In general.—
Except as provided in paragraph (2), subject to subsection (b), the amendments made by parts I through III of this subtitle [parts I–III (§§ 50711–50734) of subtitle A of title VII of div. E of Pub. L. 115–123, amending this section and sections 629 to 629b, 629g, 670 to 672, 674, 675, 676, 679c, and 1308 of this title] shall take effect on October 1, 2018.
“(2) Exceptions.—
The amendments made by sections 50711(d), 50731, and 50733 [amending sections 670, 671, and 676 of this title] shall take effect on the date of enactment of this Act [Feb. 9, 2018].
“(b) Transition Rule.—
“(1) In general.—
In the case of a State plan under part B or E of title IV of the Social Security Act [42 U.S.C. 620 et seq., 670 et seq.] 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 the amendments made by parts I through III of this subtitle, 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 first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of enactment of this Act [Feb. 9, 2018]. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of the session shall be deemed to be a separate regular session of the State legislature.
“(2) Application to programs operated by indian tribal organizations.—
In the case of an Indian tribe, tribal organization, or tribal consortium which the Secretary of Health and Human Services determines requires time to take action necessary to comply with the additional requirements imposed by the amendments made by parts I through III of this subtitle (whether the tribe, organization, or tribal consortium has a plan under section 479B of the Social Security Act [42 U.S.C. 679c] or a cooperative agreement or contract entered into with a State), the Secretary shall provide the tribe, organization, or tribal consortium with such additional time as the Secretary determines is necessary for the tribe, organization, or tribal consortium to take the action to comply with the additional requirements before being regarded as failing to comply with the requirements.”
Pub. L. 115–123, div. E, title VII, § 50746, Feb. 9, 2018, 132 Stat. 261, provided that:
“(a) Effective Dates.—
“(1) In general.—
Subject to paragraph (2) and subsections (b), (c), and (d), the amendments made by this part [part IV (§§ 50741—50746) of subtitle A of title VII of div. E of Pub. L. 115–123, amending this section and sections 629h, 671, 672, 674, 675a, 676, and 679b of this title] shall take effect as if enacted on January 1, 2018.
“(2) Transition rule.—
In the case of a State plan under part B or E of title IV of the Social Security Act [42 U.S.C. 620 et seq., 670 et seq.] 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 the amendments made by this part, the State plan shall not be regarded as failing to comply with the requirements of part B or E of title IV of such Act solely on the basis of the failure of the plan to meet the additional requirements before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of enactment of this Act [Feb. 9, 2018]. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of the session shall be deemed to be a separate regular session of the State legislature.
“(b) Limitation on Federal Financial Participation for Placements That Are Not in Foster Family Homes and Related Provisions.—
“(1) In general.—
The amendments made by sections 50741(a), 50741(b), 50741(d), and 50742 [amending sections 671, 672, 674, 675a of this title] shall take effect on October 1, 2019.
“(2) State option to delay effective date for not more than 2 years.—
If a State requests a delay in the effective date, the Secretary of Health and Human Services shall delay the effective date provided for in paragraph (1) with respect to the State for the amount of time requested by the State, not to exceed 2 years. If the effective date is so delayed for a period with respect to a State under the preceding sentence, then—
“(A) notwithstanding section 50734 [set out as a note above], the date that the amendments made by section 50711(c) [amending section 674 of this title] take effect with respect to the State shall be delayed for the period; and
“(B) in applying section 474(a)(6) of the Social Security Act [42 U.S.C. 674(a)(6)] with respect to the State, ‘on or after the date this paragraph takes effect with respect to the State’ is deemed to be substituted for ‘after September 30, 2019’ in subparagraph (A)(i)(I) of such section.
“(c) Criminal Records Checks and Checks of Child Abuse and Neglect Registries for Adults Working in Child-care Institutions and Other Group Care Settings.—
Subject to subsection (a)(2), the amendments made by section 50745 [amending section 671 of this title] shall take effect on October 1, 2018.
“(d) Application to States With Waivers.—
In the case of a State that, on the date of enactment of this Act [Feb. 9, 2018], has in effect a waiver approved under section 1130 of the Social Security Act (42 U.S.C. 1320a–9), the amendments made by this part shall not apply with respect to the State before the expiration (determined without regard to any extensions) of the waiver to the extent the amendments are inconsistent with the terms of the waiver.”
heading: Effective Date of 2014 Amendment
text: Pub. L. 113–183, title I, § 112(a)(3), Sept. 29, 2014, 128 Stat. 1926, provided that:“In the case of children in foster care under the responsibility of an Indian tribe, tribal organization, or tribal consortium (either directly or under supervision of a State), the amendments made by this subsection [amending this section and section 675 of this title] shall not apply until the date that is 3 years after the date of the enactment of this Act [Sept. 29, 2014].”
Pub. L. 113–183, title I, § 112(c), Sept. 29, 2014, 128 Stat. 1928, provided that:
“(1) In general.—
The amendments made by this section [enacting section 675a of this title and amending this section and sections 671 and 675 of this title] shall take effect on the date that is 1 year after the date of the enactment of this Act [Sept. 29, 2014].
“(2) Delay permitted if state legislation required.—
If the Secretary of Health and Human Services determines that State legislation (other than legislation appropriating funds) is required in order for a State plan developed pursuant to part E of title IV of the Social Security Act [42 U.S.C. 670 et seq.] to meet the additional requirements imposed by the amendments made by this section, the plan shall not be regarded as failing to meet any of the additional requirements before the 1st day of the 1st calendar quarter beginning after the 1st regular session of the State legislature that begins after the date of the enactment of this Act [Sept. 29, 2014]. If the State has a 2-year legislative session, each year of the session is deemed to be a separate regular session of the State legislature.”
heading: Effective Date of 2011 Amendment
text: Pub. L. 112–34, title I, § 107, Sept. 30, 2011, 125 Stat. 378, provided that:
“(a) In General.—
Except as otherwise provided in this title [enacting section 629m of this title, amending sections 622 to 625, 629a to 629c, 629f to 629h, 673, 675, and 679b of this title, and enacting provisions set out as notes under sections 629h and 629m of this title], this title and the amendments made by this title shall take effect on October 1, 2011, and shall apply to payments under parts B and E of title IV of the Social Security Act [42 U.S.C. 620 et seq., 670 et seq.] for calendar quarters beginning on or after such date, without regard to whether regulations to implement the amendments are promulgated by such date.
“(b) Delay Permitted if State Legislation Required.—
If the Secretary of Health and Human Services determines that State legislation (other than legislation appropriating funds) is required in order for a State plan developed pursuant to subpart 1 of part B [42 U.S.C. 620 et seq.], or a State plan approved under subpart 2 of part B [42 U.S.C. 629 et seq.] or part E, of title IV of the Social Security Act to meet the additional requirements imposed by the amendments made by this title, the plan shall not be regarded as failing to meet any of the additional requirements before the 1st day of the 1st calendar quarter beginning after the first regular session of the State legislature that begins after the date of the enactment of this Act [Sept. 30, 2011]. If the State has a 2-year legislative session, each year of the session is deemed to be a separate regular session of the State legislature.”
heading: Effective Date of 2010 Amendment
text: Pub. L. 111–148, title II, § 2955(d), Mar. 23, 2010, 124 Stat. 353, provided that: “The amendments made by this section [amending this section and sections 675 and 677 of this title] take effect on October 1, 2010.”
heading: Effective Date of 2008 Amendment
text: Amendment by Pub. L. 110–351 effective Oct. 7, 2008, and applicable to payments under this part and part E of this subchapter for quarters beginning on or after such date, with delay permitted if State legislation is required to meet additional requirements, see section 601 of Pub. L. 110–351, set out as a note under section 671 of this title.
heading: Effective Date of 2006 Amendment
text: Amendment by Pub. L. 109–288 effective Oct. 1, 2006, and applicable to payments under this part and part E of this subchapter for calendar quarters beginning on or after such date, without regard to whether implementing regulations have been promulgated, and with delay permitted if State legislation is required to meet additional requirements, see section 12(a), (b) of Pub. L. 109–288, set out as a note under section 621 of this title.
Pub. L. 109–239, § 14, July 3, 2006, 120 Stat. 514, provided that:
“(a) In General.—
Except as otherwise provided in this section, the amendments made by this Act [enacting section 673c of this title, amending this section and sections 629h, 671, and 675 of this title, and repealing section 673c of this title] shall take effect on October 1, 2006, and shall apply to payments under parts B and E of title IV of the Social Security Act [42 U.S.C. 620 et seq., 670 et seq.] for calendar quarters beginning on or after such date, without regard to whether regulations to implement the amendments are promulgated by such date.
“(b) Delay Permitted If State Legislation Required.—
If the Secretary of Health and Human Services determines that State legislation (other than legislation appropriating funds) is required in order for a State plan under part B or E of title IV of the Social Security Act to meet the additional requirements imposed by the amendments made by a provision of this Act, the plan shall not be regarded as failing to meet any of the additional requirements before the 1st day of the 1st calendar quarter beginning after the first regular session of the State legislature that begins after the date of the enactment of this Act [July 3, 2006]. If the State has a 2-year legislative session, each year of the session is deemed to be a separate regular session of the State legislature.”
Amendment by Pub. L. 109–171 effective as if enacted on Oct. 1, 2005, except as otherwise provided, see section 7701 of Pub. L. 109–171, set out as a note under section 603 of this title.
heading: Effective Date of 2000 Amendment
text: Amendment by Pub. L. 106–279 effective Oct. 6, 2000, with transition rule, see section 505(a)(1), (b) of Pub. L. 106–279, set out as an Effective Dates; Transition Rule note under section 14901 of this title.
heading: Effective Date of 1997 Amendment
text: Pub. L. 105–89, title V, § 501, Nov. 19, 1997, 111 Stat. 2136, provided that:
“(a) In General.—
Except as otherwise provided in this Act [enacting sections 673b, 678, and 679b of this title, amending this section, sections 603, 629, 629a, 629b, 653, 671 to 673, 674, 675, 677, and 1320a–9 of this title, and sections 645 and 901 of Title 2, The Congress, enacting provisions set out as notes under sections 613, 629a, 671, 673, 675, 679b, 1305, 1320a–9, 5111, and 5113 of this title, and amending provisions set out as a note under section 670 of this title], the amendments made by this Act take effect on the date of enactment of this Act [Nov. 19, 1997].
“(b) Delay Permitted if State Legislation Required.—
In the case of a State plan under part B or E of title IV of the Social Security Act [42 U.S.C. 620 et seq., 670 et seq.] 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 the amendments made 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 first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of enactment of this Act [Nov. 19, 1997]. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of such session shall be deemed to be a separate regular session of the State legislature.”
Pub. L. 105–33, title V, § 5593, Aug. 5, 1997, 111 Stat. 644, provided that: “The amendments made by this chapter [chapter 5 (§§ 5591–5593) of subtitle F of title V of Pub. L. 105–33, amending this section and sections 624, 625, 628b, 671, and 672 of this title] shall take effect as if included in the enactment of title V of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Public Law 104–193; 110 Stat. 2277).”
heading: Effective Date of 1996 Amendment
text: Amendment by Pub. L. 104–193 effective July 1, 1997, with transition rules relating to State options to accelerate such date, rules relating to claims, actions, and proceedings commenced before such date, rules relating to closing out of accounts for terminated or substantially modified programs and continuance in office of Assistant Secretary for Family Support, and provisions relating to termination of entitlement under AFDC program, see section 116 of Pub. L. 104–193, as amended, set out as an Effective Date note under section 601 of this title.
heading: Effective Date of 1994 Amendment
text: Pub. L. 103–432, title II, § 202(e), Oct. 31, 1994, 108 Stat. 4454, provided that: “The amendments and repeal made by this section [amending this section and sections 623 to 625 and 672 of this title and repealing section 627 of this title] shall be effective with respect to fiscal years beginning on or after April 1, 1996.”
Pub. L. 103–432, title II, § 204(b), Oct. 31, 1994, 108 Stat. 4456, provided that: “The amendments made by subsection (a) [amending this section] shall be effective with respect to fiscal years beginning on or after October 1, 1995.”
heading: Effective Date of 1993 Amendment
text: Pub. L. 103–66, title XIII, § 13711(c), Aug. 10, 1993, 107 Stat. 655, provided that: “The amendments made by this section [enacting sections 629 to 629e of this title and amending this section and sections 623, 628, and 671 of this title] shall be effective with respect to calendar quarters beginning on or after October 1, 1993.”
heading: Effective Date of 1989 Amendment
text: Pub. L. 101–239, title X, § 10403(b)(2), Dec. 19, 1989, 103 Stat. 2488, provided that: “The amendment made by paragraph (1) [amending this section] shall take effect as if such amendment had been included in section 1883(e)(1) of the Tax Reform Act of 1986 [Pub. L. 99–514, amending section 1397b of this title] on the date of the enactment of such Act [Oct. 22, 1986].”
heading: Effective Date of 1975 Amendment
text: Amendment by section 3 of Pub. L. 93–647 effective with respect to payments under sections 603 and 803 of this title for quarters commencing after Sept. 30, 1975, except that amendment by section 3(a) of Pub. L. 93–647 not effective with respect to the Commonwealth of Puerto Rico, the Virgin Islands, or Guam, see section 7(b) of Pub. L. 93–647, set out as a note under section 303 of this title.
heading: Effective Date of 1968 Amendment; Different State Agencies for Administration of State Plans Under Parts A and B
text: Pub. L. 90–248, title II, § 240(e)(3), Jan. 2, 1968, 81 Stat. 916, provided that: “The amendments made by paragraphs (1) and (2) of subsection (d) [amending this section] shall become effective July 1, 1969, except that (A) if on the date of enactment of this Act [Jan. 2, 1968] the agency of a State administering its plan for child-welfare services developed under part B of title IV of the Social Security Act [42 U.S.C. 620 et seq.] is different from the agency of the State designated pursuant to section 402(a)(3) of such Act [42 U.S.C. 602(a)(3)], so much of paragraph (1) of section 422(a) of such Act [42 U.S.C. 622(a)(1)] as precedes subparagraph (B) (as added by paragraph (2) of such subsection (d)) shall not apply with respect to such agencies but only so long as such agencies of the State are different, and (B) if on such date the local agency administering the plan of a State for child-welfare services developed under part B of title IV of the Social Security Act is different from the local agency in such subdivision administering the plan of such State under part A of title IV of such Act [42 U.S.C. 601 et seq.], so much of such paragraph (1) as precedes such subparagraph (B) shall not apply with respect to such local agencies but only so long as such local agencies are different.”
heading: Guidance to States on Improving Data Collection and Reporting for Youth in Residential Treatment Programs
text: Pub. L. 118–258, title I, § 114, Jan. 4, 2025, 138 Stat. 2968, provided that:
“Within 2 years after the date of the enactment of this Act [Jan. 4, 2025], the Secretary of Health and Human Services, in consultation with the Department of Education, the Administration for Children and Families, the Centers for Medicare and Medicaid Services, the Administration for Community Living, the Department of Justice, and other relevant policy experts, as determined by the Secretary, shall issue and disseminate, or update and revise, as applicable, guidance to State agencies in administering State plans approved under parts B and E of title IV of the Social Security Act [42 U.S.C. 620 et seq., 670 et seq.] on the following:
“(1) Best practices for Federal and State agencies to collect data and share information related to the well-being of youth residing in residential treatment facilities, including those facilities operating in multiple States or serving out-of-state youth.
“(2) Best practices on improving State collection and sharing of data related to incidences of maltreatment of youth residing in residential treatment facilities, including with respect to meeting the requirement of section 471(a)(9)(A) of such Act [42 U.S.C. 671(a)(9)(A)] for such youth in foster care.
“(3) Best practices on improving oversight of youth residential programs receiving Federal funding, and research-based strategies for risk assessment related to the health, safety, and well-being of youth in the facilities.”
heading: Purpose
text: Pub. L. 115–123, div. E, title VII, § 50702, Feb. 9, 2018, 132 Stat. 232, provided that: “The purpose of this subtitle [subtitle A (§§ 50701—50782) of title VII of div. E of Pub. L. 115–123, amending this section and sections 625, 629 to 629b, 629f to 629h, 629m, 670 to 673, 673b, 674 to 677, 679b, 679c, and 1308 of this title and enacting provisions set out as notes under this section and sections 629m, 671, 673, 673b, and 1305 of this title] is to enable States to use Federal funds available under parts B and E of title IV of the Social Security Act [42 U.S.C. 620 et seq., 670 et seq.] to provide enhanced support to children and families and prevent foster care placements through the provision of mental health and substance abuse prevention and treatment services, in-home parent skill-based programs, and kinship navigator services.”
heading: Findings and Purpose
text: Pub. L. 103–382, title V, § 552, Oct. 20, 1994, 108 Stat. 4056, provided that:
“(a) Findings.—
The Congress finds that—
“(1) nearly 500,000 children are in foster care in the United States;
“(2) tens of thousands of children in foster care are waiting for adoption;
“(3) 2 years and 8 months is the median length of time that children wait to be adopted;
“(4) child welfare agencies should work to eliminate racial, ethnic, and national origin discrimination and bias in adoption and foster care recruitment, selection, and placement procedures; and
“(5) active, creative, and diligent efforts are needed to recruit foster and adoptive parents of every race, ethnicity, and culture in order to facilitate the placement of children in foster and adoptive homes which will best meet each child’s needs.
“(b) Purpose.—
It is the purpose of this subpart [subpart 1 of part E of title V of Pub. L. 103–382, enacting section 5115a of this title, amending this section, and enacting provisions set out as a note under section 1305 of this title] to promote the best interests of children by—
“(1) decreasing the length of time that children wait to be adopted;
“(2) preventing discrimination in the placement of children on the basis of race, color, or national origin; and
“(3) facilitating the identification and recruitment of foster and adoptive families that can meet children’s needs.”
heading: Guam, Puerto Rico, Virgin Islands, and Commonwealth of Northern Mariana Islands
text: Pub. L. 96–272, title I, § 103(c), June 17, 1980, 94 Stat. 521, provided that in the case of Guam, Puerto Rico, the Virgin Islands, and the Commonwealth of the Northern Mariana Islands, subsec. (b)(1) of this section (as otherwise amended by section 103(a) of Pub. L. 96–272), is deemed to read as follows:
“(1) provide that (A) the State agency designated pursuant to section 602(a)(3) of this title to administer or supervise the administration of the plan of the State approved under part A of this subchapter [42 U.S.C. 601 et seq.] will administer or supervise the administration of such plan for child welfare services, and (B) to the extent that child welfare services are furnished by the staff of the State agency or local agency administering such plan for child welfare services, the organizational unit in such State or local agency established pursuant to section 602(a)(15) of this title will be responsible for furnishing such child welfare services;”.
heading: Administration of State Plan for Child Welfare Services by Non-Designated Agency
text: Pub. L. 96–272, title I, § 103(d), June 17, 1980, 94 Stat. 521, provided that: “Notwithstanding section 422(b)(1) of the Social Security Act (as amended by subsection (a) of this section) [42 U.S.C. 622(b)(1)] if on December 1, 1974, the agency of a State administering its plan for child welfare services under part B of title IV of that Act [42 U.S.C. 620 et seq.] was not the agency designated pursuant to section 402(a)(3) of that Act [42 U.S.C. 602(a)(3)], such section 422(b)(1) shall not apply with respect to such agency, but only so long as such agency is not the agency designated under section 2003(d)(1)(C) of that Act [42 U.S.C. 1397b(d)(1)(C)]; and if on December 1, 1974, the local agency administering the plan of a State under part B of title IV of that Act in a subdivision of the State was not the local agency in such subdivision administering the plan of such State under part A of that title [42 U.S.C. 601 et seq.], such section 422(b)(1) shall not apply with respect to such local agency, but only so long as such local agency is not the local agency administering the program of the State for the provision of services under title XX of that Act [42 U.S.C. 1397 et seq.].”
heading: Overpayments or Underpayments
text: Pub. L. 90–248, title II, § 240(f)(3), Jan. 2, 1968, 81 Stat. 916, provided that in the case of any State which has a plan developed as provided in part 3 of this subchapter as in effect prior to Jan. 2, 1968, sections 721 to 728 of this title, “any overpayment or underpayment which the Secretary determines was made to the State under section 523 of the Social Security Act [42 U.S.C. 723] and with respect to which adjustment has not then already been made under subsection (b) of such section shall, for purposes of section 422 of such Act [42 U.S.C. 622], be considered an overpayment or underpayment (as the case may be) made under section 422 of such Act.”