Fostering Connections to Success and Increasing Adoptions Act of 2008
PL 110-351 (H.R.6893), enacted 10/07/2008

122 STAT. 3949 
PUBLIC LAW 110–351—OCT. 7, 2008 
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 as-
sistance 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 adop-
tive 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] 
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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 CHIL-
DREN. 
(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 CHIL-
DREN.— 
‘‘(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 pro-
vided under the agreement, and the manner in which 
the payment may be adjusted periodically, in consulta-
tion with the relative guardian, based on the cir-
cumstances 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 associ-
ated 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. 
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122 STAT. 3951 
PUBLIC LAW 110–351—OCT. 7, 2008 
‘‘(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 pay-
ment 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 pay-
ments under section 472 while residing for at least 
6 consecutive months in the home of the prospec-
tive relative guardian. 
‘‘(ii) Being returned home or adopted are not appro-
priate 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 perma-
nently 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 arrange-
ment, 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.—Sec-
tion 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 consid-
ered 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— 
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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 para-
graph 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 pay-
ments 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 fol-
lowing: 
‘‘(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 deter-
mine 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 guardian-
ship assistance arrangement is in the child’s best 
interests; 
‘‘(iv) the ways in which the child meets the eligi-
bility requirements for a kinship guardianship assist-
ance 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. 
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122 STAT. 3953 
PUBLIC LAW 110–351—OCT. 7, 2008 
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 dis-
cuss 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 dem-
onstration 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 con-
duct 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 arrange-
ments, for the purpose of helping children who are in, or at risk 
42 USC 627. 
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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 care-
givers in learning about, finding, and using programs and serv-
ices 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 govern-
ment agencies, and relevant community-based or faith- 
based 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 Fed-
eral, 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 kin-
ship 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 agen-
cies, 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 ombuds-
man with authority to intervene and help kinship care-
givers 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 tech-
nology 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 
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122 STAT. 3955 
PUBLIC LAW 110–351—OCT. 7, 2008 
‘‘(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 appro-
priate; 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 applica-
tion, 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 imple-
ment 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 evalu-
ated, 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.— 
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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 sub-
section (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 appro-
priated 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 Fed-
eral, 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. 
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122 STAT. 3957 
PUBLIC LAW 110–351—OCT. 7, 2008 
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 deter-
mined 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 percent-
age 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 stand-
ards. 
(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 ADOP-
TION 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 CER-
TAIN 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— 
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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 post- 
secondary or vocational education; 
‘‘(III) participating in a program or activity 
designed to promote, or remove barriers to, employ-
ment; 
‘‘(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 med-
ical condition, which incapability is supported by regu-
larly 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. 
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122 STAT. 3959 
PUBLIC LAW 110–351—OCT. 7, 2008 
payments under this section shall keep the State or local agency 
administering the program under this section informed of cir-
cumstances which would, pursuant to this subsection, make them 
ineligible for the payments, or eligible for the payments in a dif-
ferent 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 mainte-
nance 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 insur-
ance, education, local opportunities for mentors and con-
tinuing 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 par-
ents’’; 
(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 chil-
dren 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 ‘‘institu-
tions, attorneys, and advocates’’; and 
(8) by inserting ‘‘and children living with relative guard-
ians’’ 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. 
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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 ‘‘reason-
able’’; 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 
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122 STAT. 3961 
PUBLIC LAW 110–351—OCT. 7, 2008 
school student or has completed secondary school, and for pur-
poses 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 edu-
cation, 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 para-
graph (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 prac-
tice; 
‘‘(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 chil-
dren 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 
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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 place-
ment, unless the State documents that such a joint place-
ment 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 visita-
tion 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 SERV-
ICES FOR INDIAN CHILDREN IN TRIBAL AREAS. 
(a) AUTHORITY FOR DIRECT PAYMENT OF FEDERAL TITLE IV– 
E FUNDS FOR PROGRAMS OPERATED BY INDIAN TRIBAL ORGANIZA-
TIONS.— 
(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 ORGANIZA-
TIONS. 
‘‘(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 consor-
tium 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 
dem-
onstrating that the tribe, organization, or consortium has 
Applicability. 
42 USC 679c. 
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122 STAT. 3963 
PUBLIC LAW 110–351—OCT. 7, 2008 
not had any uncorrected significant or material audit excep-
tions 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 pro-
vide— 
‘‘(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 sec-
tion 473 pursuant to adoption assistance agree-
ments 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 consor-
tium with a plan approved under section 471 in accord-
ance 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 IMPLEMENTA-
TION 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. 
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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 Sec-
retary 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 fol-
lowing: 
‘‘(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 pur-
poses 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 Sep-
tember 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 per-
cent 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 sub-
clause 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 edu-
cation. 
‘‘(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 sub-
clause (II) of this clause and clause (v) of this 
subparagraph, with respect to amounts expended 
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122 STAT. 3965 
PUBLIC LAW 110–351—OCT. 7, 2008 
during any fiscal year quarter beginning after Sep-
tember 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 consor-
tium 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 Sec-
retary under section 301(e)(2) of the Fostering 
Connections to Success and Increasing Adoptions 
Act of 2008 and are from an applicable third- 
party source specified in such regulations, and do 
not exceed the applicable percentage for claiming 
such in-kind expenditures specified in the regula-
tions. 
‘‘(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 consor-
tium (as defined in subclause (III) of this clause), 
the Secretary shall not require the tribe, organiza-
tion, 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 in- 
kind 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 pay-
ments 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. 
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122 STAT. 3966 
PUBLIC LAW 110–351—OCT. 7, 2008 
subparagraph of such section 474(a)(3) only in accord-
ance 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 expendi-
tures 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 Suc-
cess and Increasing Adoptions Act of 2008 are in effect, 
and no legislation has been enacted specifying other-
wise— 
‘‘(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 pur-
poses. 
‘‘(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 consor-
tium shall establish and maintain a tribal authority or authori-
ties 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 para-
graphs (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 organiza-
tion, or a tribal consortium receive less than the Federal med-
ical assistance percentage for any State in which the tribe, 
organization, or consortium is located. 
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122 STAT. 3967 
PUBLIC LAW 110–351—OCT. 7, 2008 
‘‘(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 CON-
TRACTS.—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 accord-
ance 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 
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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 appro-
priate; 
‘‘(B) contains a description of the tribe’s, organization’s, 
or consortium’s consultation process regarding the pro-
grams 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 consor-
tium; 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 bene-
fits 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 Sec-
retary 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 deter-
mined 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 para-
graph (4), the tribal foster care ratio means, with respect to 
an Indian tribe, tribal organization, or tribal consortium, the 
ratio of— 
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122 STAT. 3969 
PUBLIC LAW 110–351—OCT. 7, 2008 
‘‘(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 assist-
ance 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.—Sec-
tion 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 consor-
tium 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 appro-
priate portion of the State allotment under subsection 
(c) for the cost of such administration, supervision, 
or oversight.’’. 
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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 pay-
ments under paragraph (1) or (2) of section 474(a) of the Social 
Security Act (42 U.S.C. 674(a)), regardless of whether a coopera-
tive 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 enact-
ment of this section, the Secretary of Health and Human Serv-
ices, in consultation with Indian tribes, tribal organizations, 
tribal consortia, and affected States, shall promulgate interim 
Deadline. 
42 USC 671 note. 
42 USC 671 note. 
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122 STAT. 3971 
PUBLIC LAW 110–351—OCT. 7, 2008 
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 ADMINISTRA-
TIVE AND TRAINING EXPENDITURES.— 
(A) IN GENERAL.—Subject to subparagraph (B) of this 
paragraph, not later than September 30, 2011, the Sec-
retary 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 pay-
ments 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 Serv-
ices 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 adminis-
trative 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. 
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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 chil-
dren 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 mate-
rials, and technical assistance to Indian tribes and 
tribal organizations with respect to the types of serv-
ices, 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 coopera-
tive 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 con-
sortia 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 develop-
ment of necessary data collection systems, a cost 
allocation plan, agency and tribal court procedures 
necessary to meet the case review system require-
ments under section 475(5), or any other costs 
attributable to meeting any other requirement nec-
essary 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. 
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122 STAT. 3973 
PUBLIC LAW 110–351—OCT. 7, 2008 
‘‘(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 cir-
cumstances beyond the control of the tribe, tribal 
organization, or tribal consortium. 
‘‘(C) IMPLEMENTATION AUTHORITY.—The Secretary may 
provide the technical assistance and implementation serv-
ices described in subparagraph (A) either directly or 
through a grant or contract with public or private organiza-
tions knowledgeable and experienced in the field of Indian 
tribal affairs and child welfare. 
‘‘(3) APPROPRIATION.—There is appropriated to the Sec-
retary, 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. 
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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 subpara-
graph (A), by striking ‘‘paragraph (2)’’ and inserting ‘‘para-
graphs (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 pay-
able 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 adop-
tion 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 subpara-
graph (B) of this paragraph. 
‘‘(B) AMOUNT OF INCREASE.—For purposes of subpara-
graph (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— 
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122 STAT. 3975 
PUBLIC LAW 110–351—OCT. 7, 2008 
‘‘(i) the amount of the increase that would other-
wise 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 para-
graph 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 deter-
mined 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), respec-
tively; 
(II) in subitem (BB) of clause (i)(I) (as so 
redesignated), by striking ‘‘item (aa) of this sub-
clause’’ and inserting ‘‘subitem (AA) of this item’’; 
(III) by redesignating subclauses (I) through 
(III) of clause (i) as items (aa) through (cc), respec-
tively; 
(IV) by redesignating clauses (i) and (ii) as 
subclauses (I) and (II), respectively; 
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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 place-
ment 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 vol-
untary relinquishment; 
‘‘(bb) meets all medical or disability requirements of 
title XVI with respect to eligibility for supplemental secu-
rity 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 vol-
untary 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 sub-
clauses 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— 
’’; 
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122 STAT. 3977 
PUBLIC LAW 110–351—OCT. 7, 2008 
(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 subpara-
graphs (A) and (B), respectively, and realigning the margins 
accordingly; 
(B) by striking ‘‘this section, a child shall not be consid-
ered 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— 
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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 pro-
viding adoption assistance under this section and medical 
assistance under title XIX; or 
‘‘(ii) the child meets all medical or disability require-
ments of title XVI with respect to eligibility for supple-
mental 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 unsuccess-
ful, 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. 
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122 STAT. 3979 
PUBLIC LAW 110–351—OCT. 7, 2008 
‘‘(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.—Not-
withstanding paragraphs (1) and (2) of this subsection, begin-
ning with fiscal year 2010, such term shall include a child 
of any age on the date on which an adoption assistance agree-
ment 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 sub-
section; 
‘‘(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 consid-
ering adopting, a child who is in foster care under the responsi-
bility 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. 
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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 subpara-
graph: 
‘‘(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 pre-
scribing 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 invest-
ment 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. 
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122 STAT. 3981 
PUBLIC LAW 110–351—OCT. 7, 2008 
LEGISLATIVE HISTORY—H.R. 6893: 
CONGRESSIONAL RECORD, Vol. 154 (2008): 
Sept. 17, considered and passed House. 
Sept. 22, considered and passed Senate. 
SEC. 503. NO FEDERAL FUNDING TO UNLAWFULLY PRESENT INDIVID-
UALS. 
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 legisla-
tive 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. 
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