CLARIFICATION OF ELIGIBILITY FOR FOSTER CARE MAINTENANCE PAYMENTS AND ADOPTION ASSISTANCE.

SEC. 7404. CLARIFICATION OF ELIGIBILITY FOR FOSTER CARE MAINTENANCE PAYMENTS AND ADOPTION ASSISTANCE.(a) Foster Care Maintenance Payments.—Section 472(a) (42 U.S.C. 672(a)) is amended to read as follows:“(a) In General.—“(1) Eligibility.—Each State with a plan approved under this part shall make foster care maintenance payments on behalf of each child who has been removed from the home of a relative specified in section 406(a) (as in effect on July 16, 1996) into foster care if—“(A) the removal and foster care placement met, and the placement continues to meet, the requirements of paragraph (2); and120 STAT. 152“(B) the child, while in the home, would have met the AFDC eligibility requirement of paragraph (3).“(2) Removal and foster care placement requirements.—The removal and foster care placement of a child meet the requirements of this paragraph if—“(A) the removal and foster care placement are in accordance with—“(i) a voluntary placement agreement entered into by a parent or legal guardian of the child who is the relative referred to in paragraph (1); or“(ii) a judicial determination to the effect that continuation in the home from which removed would be contrary to the welfare of the child and that reasonable efforts of the type described in section 471(a)(15) for a child have been made;“(B) the child’s placement and care are the responsibility of—“(i) the State agency administering the State plan approved under section 471; or“(ii) any other public agency with which the State agency administering or supervising the administration of the State plan has made an agreement which is in effect; and“(C) the child has been placed in a foster family home or child-care institution.“(3) AFDC eligibility requirement.—“(A) In general.—A child in the home referred to in paragraph (1) would have met the AFDC eligibility requirement of this paragraph if the child—“(i) would have received aid under the State plan approved under section 402 (as in effect on July 16, 1996) in the home, in or for the month in which the agreement was entered into or court proceedings leading to the determination referred to in paragraph (2)(A)(ii) of this subsection were initiated; or“(ii)(I) would have received the aid in the home, in or for the month referred to in clause (i), if application had been made therefor; or“(II) had been living in the home within 6 months before the month in which the agreement was entered into or the proceedings were initiated, and would have received the aid in or for such month, if, in such month, the child had been living in the home with the relative referred to in paragraph (1) and application for the aid had been made.“(B) Resources determination.—For purposes of subparagraph (A), in determining whether a child would have received aid under a State plan approved under section 402 (as in effect on July 16, 1996), a child whose resources (determined pursuant to section 402(a)(7)(B), as so in effect) have a combined value of not more than $10,000 shall be considered a child whose resources have a combined value of not more than $1,000 (or such lower amount as the State may determine for purposes of section 402(a)(7)(B)).“(4) Eligibility of certain alien children.—Subject to title IV of the Personal Responsibility and Work Opportunity 120 STAT. 153 Reconciliation Act of 1996, if the child is an alien disqualified under section 245A(h) or 210(f) of the Immigration and Nationality Act from receiving aid under the State plan approved under section 402 in or for the month in which the agreement described in paragraph (2)(A)(i) was entered into or court proceedings leading to the determination described in paragraph (2)(A)(ii) were initiated, the child shall be considered to satisfy the requirements of paragraph (3), with respect to the month, if the child would have satisfied the requirements but for the disqualification.”.(b) Adoption Assistance.—Section 473(a)(2) (42 U.S.C. 673(a)(2)) is amended to read as follows:“(2)(A) For purposes of paragraph (1)(B)(ii), a child meets the requirements of this paragraph if the child—“(i)(I)(aa) was removed from the home of a relative specified in section 406(a) (as in effect on July 16, 1996) and placed in foster care in accordance with a voluntary placement agreement with respect to which Federal payments are provided under section 474 (or section 403, as such section was in effect on July 16, 1996), or in accordance with a judicial determination to the effect that continuation in the home would be contrary to the welfare of the child; and“(bb) met the requirements of section 472(a)(3) with respect to the home referred to in item (aa) of this subclause;“(II) meets all of the requirements of title XVI with respect to eligibility for supplemental security income benefits; or“(III) is a child whose costs in a foster family home or child-care institution are covered by the foster care maintenance payments being made with respect to the minor parent of the child as provided in section 475(4)(B); and“(ii) has been determined by the State, pursuant to subsection (c) of this section, to be a child with special needs.“(B) Section 472(a)(4) shall apply for purposes of subparagraph (A) of this paragraph, in any case in which the child is an alien described in such section.“(C) A child shall be treated as meeting the requirements of this paragraph for the purpose of paragraph (1)(B)(ii) if the child—“(i) meets the requirements of subparagraph (A)(ii);“(ii) was determined eligible for adoption assistance payments under this part with respect to a prior adoption;“(iii) is available for adoption because—“(I) the prior adoption has been dissolved, and the parental rights of the adoptive parents have been terminated; or“(II) the child’s adoptive parents have died; and“(iv) fails to meet the requirements of subparagraph (A) but would meet such requirements if—“(I) the child were treated as if the child were in the same financial and other circumstances the child was in the last time the child was determined eligible for adoption assistance payments under this part; and“(II) the prior adoption were treated as never having occurred.”.120 STAT. 154