Title 42The Public Health and WelfareRelease 119-73

§676 Administration

Title 42 › Chapter CHAPTER 7— - SOCIAL SECURITY › Subchapter SUBCHAPTER IV— - GRANTS TO STATES FOR AID AND SERVICES TO NEEDY FAMILIES WITH CHILDREN AND FOR CHILD-WELFARE SERVICES › Part Part E— - Federal Payments for Foster Care, Prevention, and Permanency › § 676

Last updated Apr 6, 2026|Official source

Summary

The Secretary can give technical help to States to build and run the programs covered here, and must regularly evaluate those programs and collect and publish data about foster care and adoptions across the country. States must send the statistical reports the Secretary asks for about children who get payments under this part, including each child's legal status, basic demographics, location, and how long they stayed in foster care. The Secretary must also provide focused help to Indian tribes, tribal organizations, and tribal consortia to improve services and permanency for Indian children. That help can include information and training about service types, administration, data, and reporting; help for tribes that want to run a program or make cooperative agreements; and one-time planning grants up to $300,000 to develop a plan within 24 months (the tribe must repay the grant if it fails to file a plan unless the Secretary waives repayment for reasons beyond the tribe’s control). The Secretary can give this help directly or by hiring groups with tribal and child-welfare experience. The law provides $3,000,000 for each fiscal year starting in 2009 for this work and $1,000,000 for each fiscal year starting in 2018 to support research, a public clearinghouse of proven practices (including outcomes like preventing abuse or reducing foster care and supporting kinship care), data collection, and periodic public reports to Congress. The Secretary must also evaluate certain State procedures and send a report to Congress by January 1, 2020.

Full Legal Text

Title 42, §676

The Public Health and Welfare — Source: USLM XML via OLRC

(a)The Secretary may provide technical assistance to the States to assist them to develop the programs authorized under this part and shall periodically (1) evaluate the programs authorized under this part and part B of this subchapter and (2) collect and publish data pertaining to the incidence and characteristics of foster care and adoptions in this country.
(b)Each State shall submit statistical reports as the Secretary may require with respect to children for whom payments are made under this part containing information with respect to such children including legal status, demographic characteristics, location, and length of any stay in foster care.
(c)(1)The Secretary shall provide technical assistance and implementation services that are dedicated to improving services and permanency outcomes for Indian children and their families through the provision of assistance described in paragraph (2).
(2)(A)The technical assistance and implementation services shall be to—
(i)provide information, advice, educational materials, and technical assistance to Indian tribes and tribal organizations with respect to the types of services, 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 679c of this title; and
(II)Indian tribes, tribal organizations, tribal consortia, and States seeking to develop cooperative agreements to provide for payments under this part or satisfy the requirements of section 622(b)(9), 671(a)(32), or 677(b)(3)(G) of this title; and
(iii)subject to subparagraph (B), make one-time grants, to tribes, tribal organizations, or tribal consortia 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 671 of this title to implement a program under this part as authorized by section 679c of this title, that shall—
(I)not exceed $300,000; and
(II)be used for the cost of developing a plan under section 671 of this title to carry out a program under section 679c of this title, including costs related to development of necessary data collection systems, a cost allocation plan, agency and tribal court procedures necessary to meet the case review system requirements under section 675(5) of this title, or any other costs attributable to meeting any other requirement necessary for approval of such a plan under this part.
(B)(i)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 671 of this title to carry out a program under section 679c of this title by the end of the 24-month period described in that subparagraph.
(ii)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 circumstances beyond the control of the tribe, tribal organization, or tribal consortium.
(C)The Secretary may provide the technical assistance and implementation services described in subparagraph (A) either directly or through a grant or contract with public or private organizations knowledgeable and experienced in the field of Indian tribal affairs and child welfare.
(3)There is appropriated to the Secretary, 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.
(d)(1)The Secretary shall provide to States and, as applicable, to Indian tribes, tribal organizations, and tribal consortia, technical assistance regarding the provision of services and programs described in section 671(e)(1) of this title and shall disseminate best practices with respect to the provision of the services and programs, including how to plan and implement a well-designed and rigorous evaluation of a promising, supported, or well-supported practice.
(2)The Secretary shall, directly or through grants, contracts, or interagency agreements, evaluate research on the practices specified in clauses (iii), (iv), and (v), respectively, of section 671(e)(4)(C) of this title, and programs that meet the requirements described in section 627(a)(1) of this title, including culturally specific, or location- or population-based adaptations of the practices, to identify and establish a public clearinghouse of the practices that satisfy each category described by such clauses. In addition, the clearinghouse shall include information on the specific outcomes associated with each practice, including whether the practice has been shown to prevent child abuse and neglect and reduce the likelihood of foster care placement by supporting birth families and kinship families and improving targeted supports for pregnant and parenting youth and their children.
(3)The Secretary, directly or through grants, contracts, or interagency agreements, may collect data and conduct evaluations with respect to the provision of services and programs described in section 671(e)(1) of this title for purposes of assessing the extent to which the provision of the services and programs—
(A)reduces the likelihood of foster care placement;
(B)increases use of kinship care arrangements; or
(C)improves child well-being.
(4)(A)The Secretary shall submit to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives periodic reports based on the provision of services and programs described in section 671(e)(1) of this title and the activities carried out under this subsection.
(B)The Secretary shall make the reports to Congress submitted under this paragraph publicly available.
(5)Out of any money in the Treasury of the United States not otherwise appropriated, there are appropriated to the Secretary $1,000,000 for fiscal year 2018 and each fiscal year thereafter to carry out this subsection.
(e)The Secretary shall conduct an evaluation of the procedures and protocols established by States in accordance with the requirements of section 622(b)(15)(A)(vii) of this title. The evaluation shall analyze the extent to which States comply with and enforce the procedures and protocols and the effectiveness of various State procedures and protocols and shall identify best practices. Not later than January 1, 2020, the Secretary shall submit a report on the results of the evaluation to Congress.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2018—Subsec. (d). Pub. L. 115–123, § 50711(d), added subsec. (d). Subsec. (e). Pub. L. 115–123, § 50743(b), added subsec. (e). 2008—Subsec. (c). Pub. L. 110–351 added subsec. (c).

Statutory Notes and Related Subsidiaries

Effective Date

of 2018 AmendmentAmendment by section 50711(d) of Pub. L. 115–123 effective Feb. 9, 2018, subject to transition rules for required State legislation or tribal action, see section 50734 of Pub. L. 115–123, set out as a note under section 622 of this title. Amendment by section 50743(b) of Pub. L. 115–123 effective as if enacted on Jan. 1, 2018, subject to transition rule and State waiver provisions, see section 50746 of Pub. L. 115–123, set out as a note under section 622 of this title.

Effective Date

of 2008 AmendmentAmendment by Pub. L. 110–351 effective Oct. 7, 2008, and applicable to payments under this part and part B of this subchapter for quarters beginning on or after such date, with delay permitted if State legislation is required to meet additional requirements, see section 601 of Pub. L. 110–351, set out as a note under section 671 of this title.

Reference

Citations & Metadata

Citation

42 U.S.C. § 676

Title 42The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73