Pub. L. 103-432, tit. II, subtit. A, sec. 202
REQUIRED PROTECTIONS FOR FOSTER CHILDREN.
SEC. 202. REQUIRED PROTECTIONS FOR FOSTER CHILDREN. (a) In General.— Section 422(b) (42 U.S.C. 622(b)) is amended— (1) by striking “and” at the end of paragraph (7); (2) by striking the period at the end of paragraph (8) and inserting and”; and (3) by adding at the end the following: “(9) provide assurances that the State— “(A) since June 17, 1980, has completed an inventory of all children who, before the inventory, had been in foster care under the responsibility of the State for 6 months or more, which determined— “(i) the appropriateness of, and necessity for, the foster care placement; “(ii) whether the child could or should be returned to the parents of the child or should be freed for adoption or other permanent placement; and “(iii) the services necessary to facilitate the return of the child or the placement of the child for adoption or legal guardianship; “(B) is operating, to the satisfaction of the Secretary— “(i) a statewide information system from which can be readily determined the status, demographic characteristics, location, and goals for the placement of every child who is (or, within the immediately preceding 12 months, has been) in foster care; “(ii) a case review system (as defined in section 475(5)) for each child receiving foster care under the supervision of the State; “(iii) a service program designed to help children— “(I) where appropriate, return to families from which they have been removed; or “(II) be placed for adoption, with a legal guardian, or, if adoption or legal guardianship is determined not to be appropriate for a child, in some other planned, permanent living arrangement; and “(iv) a preplacement preventive services program designed to help children at risk of foster care placement remain with their families; and 108 STAT. 4454 “(C) (i) has reviewed (or within 12 months after the date of the enactment of this paragraph will review) State policies and administrative and judicial procedures in effect for children abandoned at or shortly after birth (including policies and procedures providing for legal representation of such children); and “(ii) is implementing (or within 24 months after the date of the enactment of this paragraph will implement) such policies and procedures as the State determines, on the basis of the review described in clause (i), to be necessary to enable permanent decisions to be made expeditiously with respect to the placement of such children.”. (b) Restriction on Reallotment.— Section 424 (42 U.S.C. 624) is amended— (1) in the first sentence, by striking “The amount” and inserting the following: “(a) In General.— Subject to subsection (b), the amount”; and (2) by adding at the end the following: “(b) Exception Relating to Foster Child Protections.— The Secretary shall not reallot under subsection (a) of this section any amount that is withheld or recovered from a State due to the failure of the State to meet the requirements of section 422(b)(9).”. (c) Repeal.— Section 427 (42 U.S.C. 627) is hereby repealed. (d) Conforming Amendments.— (1) Section 423(a) (42 U.S.C. 623(a)) is amended by striking “and in section 427”. (2) Section 425(a)(2) (42 U.S.C. 625(a)(2)) is amended by striking “the statistical report required by section” and inserting “section 422(b)(9) or”. (3) Section 472(d) (42 U.S.C. 672(d)) is amended by striking “427(b)” and inserting “422(b)(9)”. (e) Effective Date.— The amendments and repeal made by this section shall be effective with respect to fiscal years beginning on or after April 1, 1996.