STATE OPTION FOR CHILDREN IN FOSTER CARE, AND CERTAIN CHILDREN IN AN ADOPTIVE OR GUARDIANSHIP PLACEMENT, AFTER ATTAINING AGE 18.

SEC. 201. STATE OPTION FOR CHILDREN IN FOSTER CARE, AND CERTAIN CHILDREN IN AN ADOPTIVE OR GUARDIANSHIP PLACEMENT, AFTER ATTAINING AGE 18.(a) Definition of Child.—Section 475 of the Social Security Act (42 U.S.C. 675) is amended by adding at the end the following:“(8)(A) Subject to subparagraph (B), the term ‘child’ means an individual who has not attained 18 years of age.“(B) At the option of a State, the term shall include an individual—122 STAT. 3958“(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, employment;“(IV) employed for at least 80 hours per month; or“(V) incapable of doing any of the activities described in subclauses (I) through (IV) due to a medical condition, which incapability is supported by regularly updated information in the case plan of the child.”.(b) Conforming Amendment to Definition of Child-Care Institution.—Section 472(c)(2) of such Act (42 U.S.C. 672(c)(2)) is amended by inserting “except, in the case of a child who has attained 18 years of age, the term shall include a supervised setting in which the individual is living independently, in accordance with such conditions as the Secretary shall establish in regulations,” before “but”.(c) Conforming Amendments to Age Limits Applicable to Children Eligible for Adoption Assistance or Kinship Guardianship Assistance.—Section 473(a)(4) of such Act (42 U.S.C. 673(a)(4)) is amended to read as follows:“(4)(A) Notwithstanding any other provision of this section, a payment may not be made pursuant to this section to parents or relative guardians with respect to a child—“(i) who has attained—“(I) 18 years of age, or such greater age as the State may elect under section 475(8)(B)(iii); or“(II) 21 years of age, if the State determines that the child has a mental or physical handicap which warrants the continuation of assistance;“(ii) who has not attained 18 years of age, if the State determines that the parents or relative guardians, as the case may be, are no longer legally responsible for the support of the child; or“(iii) if the State determines that the child is no longer receiving any support from the parents or relative guardians, as the case may be.“(B) Parents or relative guardians who have been receiving adoption assistance payments or kinship guardianship assistance 122 STAT. 3959 payments under this section shall keep the State or local agency administering the program under this section informed of circumstances which would, pursuant to this subsection, make them ineligible for the payments, or eligible for the payments in a different amount.”.(d) Effective Date.—The amendments made by this section shall take effect on October 1, 2010.