---
kind: "section"
citation: "42 U.S.C. § 673"
title: "42"
title_heading: "The Public Health and Welfare"
number: "673"
heading: "Adoption and guardianship assistance program"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/673"
units:
  - "Chapter 7 — Social Security"
  - "Subchapter IV — Grants to States for Aid and Services to Needy Families with Children and for Child-Welfare Services"
  - "Part E — Federal Payments for Foster Care, Prevention, and Permanency"
---

# §673. Adoption and guardianship assistance program

- (a) **Agreements with adoptive parents of children with special needs; State payments; qualifying children; amount of payments; changes in circumstances; placement period prior to adoption; nonrecurring adoption expenses—**
  - (1)
    - (A) Each [State](/usc/42/619.md?p=5) having a plan approved under this part shall enter into [adoption assistance agreements](/usc/42/675.md?p=3) (as defined in [section 675(3) of this title](/usc/42/675.md?p=3)) with the adoptive [parents](/usc/42/675.md?p=2) of children with special needs.
    - (B) Under any [adoption assistance agreement](/usc/42/675.md?p=3) entered into by a [State](/usc/42/619.md?p=5) with [parents](/usc/42/675.md?p=2) who adopt a [child](/usc/42/675.md?p=8-A) with special needs, the [State](/usc/42/619.md?p=5)—
      - (i) shall make payments of nonrecurring adoption expenses incurred by or on behalf of such [parents](/usc/42/675.md?p=2) in connection with the adoption of such [child](/usc/42/675.md?p=8-A), directly through the [State agency](/usc/42/629a.md?p=a-3) or through another public or [nonprofit](/usc/42/300s–3.md?p=3) private [agency](/usc/42/1397n–12.md?p=1), in amounts determined under [paragraph (3)](#a-3), and
      - (ii) in any case where the [child](/usc/42/675.md?p=8-A) meets the requirements of [paragraph (2)](#a-2), may make adoption assistance payments to such [parents](/usc/42/675.md?p=2), directly through the [State agency](/usc/42/629a.md?p=a-3) or through another public or [nonprofit](/usc/42/300s–3.md?p=3) private [agency](/usc/42/1397n–12.md?p=1), in amounts so determined.
  - (2)
    - (A) For purposes of [paragraph (1)(B)(ii)](#a-1-B-ii), a [child](/usc/42/675.md?p=8-A) meets the requirements of this paragraph if—
      - (i) in the case of a [child](/usc/42/675.md?p=8-A) who is not an applicable [child](/usc/42/675.md?p=8-A) for the [fiscal year](/usc/42/619.md?p=3) (as defined in [subsection (e)](#e)), the [child](/usc/42/675.md?p=8-A)—
        - (I)
          - (aa)
            - (AA) was removed from the home of a relative specified in [section 606(a) of this title](/usc/42/606.md?p=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 674 of this title](/usc/42/674.md) (or [section 603 of this title](/usc/42/603.md), 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](/usc/42/675.md?p=8-A); and
            - (BB) met the requirements of [section 672(a)(3) of this title](/usc/42/672.md?p=a-3) with respect to the home referred to in subitem (AA) of this item;
          - (bb) meets all of the requirements of subchapter XVI with respect to eligibility for supplemental security income benefits; or
          - (cc) is a [child](/usc/42/675.md?p=8-A) whose costs in a foster family home or [child](/usc/42/675.md?p=8-A)-care institution are covered by the [foster care maintenance payments](/usc/42/675.md?p=4-A) being made with respect to the minor parent of the [child](/usc/42/675.md?p=8-A) as provided in [section 675(4)(B) of this title](/usc/42/675.md?p=4-B); and
        - (II) has been determined by the [State](/usc/42/619.md?p=5), pursuant to [subsection (c)(1)](#c-1) of this section, to be a [child](/usc/42/675.md?p=8-A) with special needs; or
      - (ii) in the case of a [child](/usc/42/675.md?p=8-A) who is an applicable [child](/usc/42/675.md?p=8-A) for the [fiscal year](/usc/42/619.md?p=3) (as so defined), the [child](/usc/42/675.md?p=8-A)—
        - (I)
          - (aa) at the time of initiation of adoption proceedings was in the care of a public or licensed private [child](/usc/42/675.md?p=8-A) placement [agency](/usc/42/1397n–12.md?p=1) or [Indian](/usc/42/619.md?p=4-A) [tribal organization](/usc/42/619.md?p=4-A) pursuant to—
            - (AA) an involuntary removal of the [child](/usc/42/675.md?p=8-A) 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](/usc/42/675.md?p=8-A); or
            - (BB) a voluntary placement agreement or voluntary relinquishment;
          - (bb) meets all medical or disability requirements of subchapter XVI with respect to eligibility for supplemental security income benefits; or
          - (cc) was residing in a foster family home or [child](/usc/42/675.md?p=8-A) care institution with the [child](/usc/42/675.md?p=8-A)’s minor parent, and the [child](/usc/42/675.md?p=8-A)’s minor parent was in such foster family home or [child](/usc/42/675.md?p=8-A) care institution pursuant to—
            - (AA) an involuntary removal of the [child](/usc/42/675.md?p=8-A) 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](/usc/42/675.md?p=8-A); or
            - (BB) a voluntary placement agreement or voluntary relinquishment; and
        - (II) has been determined by the [State](/usc/42/619.md?p=5), pursuant to [subsection (c)(2)](#c-2), to be a [child](/usc/42/675.md?p=8-A) with special needs.
    - (B) [Section 672(a)(4) of this title](/usc/42/672.md?p=a-4) shall apply for purposes of subparagraph (A) of this paragraph, in any case in which the [child](/usc/42/675.md?p=8-A) is an alien described in such section.
    - (C) A [child](/usc/42/675.md?p=8-A) shall be treated as meeting the requirements of this paragraph for the purpose of [paragraph (1)(B)(ii)](#a-1-B-ii) if—
      - (i) in the case of a [child](/usc/42/675.md?p=8-A) who is not an applicable [child](/usc/42/675.md?p=8-A) for the [fiscal year](/usc/42/619.md?p=3) (as defined in [subsection (e)](#e)), the [child](/usc/42/675.md?p=8-A)—
        - (I) meets the requirements of [subparagraph (A)(i)(II)](#a-2-A-i-II);
        - (II) was determined eligible for adoption assistance payments under this part with respect to a prior adoption;
        - (III) is available for adoption because—
          - (aa) the prior adoption has been dissolved, and the parental rights of the adoptive [parents](/usc/42/675.md?p=2) have been terminated; or
          - (bb) the [child](/usc/42/675.md?p=8-A)’s adoptive [parents](/usc/42/675.md?p=2) have died; and
        - (IV) fails to meet the requirements of [subparagraph (A)(i)](#a-2-A-i) but would meet such requirements if—
          - (aa) the [child](/usc/42/675.md?p=8-A) were treated as if the [child](/usc/42/675.md?p=8-A) were in the same financial and other circumstances the [child](/usc/42/675.md?p=8-A) was in the last time the [child](/usc/42/675.md?p=8-A) was determined eligible for adoption assistance payments under this part; and
          - (bb) the prior adoption were treated as never having occurred; or
      - (ii) in the case of a [child](/usc/42/675.md?p=8-A) who is an applicable [child](/usc/42/675.md?p=8-A) for the [fiscal year](/usc/42/619.md?p=3) (as so defined), the [child](/usc/42/675.md?p=8-A) meets the requirements of [subparagraph (A)(ii)(II)](#a-2-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](/usc/42/675.md?p=2) have been terminated or because the [child](/usc/42/675.md?p=8-A)’s adoptive [parents](/usc/42/675.md?p=2) have died.
    - (D) In determining the eligibility for adoption assistance payments of a [child](/usc/42/675.md?p=8-A) in a [legal guardianship](/usc/42/675.md?p=7) arrangement described in [section 671(a)(28) of this title](/usc/42/671.md?p=a-28), the placement of the [child](/usc/42/675.md?p=8-A) with the relative guardian involved and any kinship [guardianship](/usc/42/1397j.md?p=11) assistance payments made on behalf of the [child](/usc/42/675.md?p=8-A) shall be considered never to have been made.
  - (3) The amount of the payments to be made in any case under clauses [(i)](#a-1-B-i) and [(ii)](#a-1-B-ii) of paragraph (1)(B) shall be determined through agreement between the adoptive [parents](/usc/42/675.md?p=2) and the [State](/usc/42/619.md?p=5) or local [agency](/usc/42/1397n–12.md?p=1) administering the program under this section, which shall take into consideration the circumstances of the adopting [parents](/usc/42/675.md?p=2) and the needs of the [child](/usc/42/675.md?p=8-A) being adopted, and may be readjusted periodically, with the concurrence of the adopting [parents](/usc/42/675.md?p=2) (which may be specified in the [adoption assistance agreement](/usc/42/675.md?p=3)), depending upon changes in such circumstances. However, in no case may the amount of the adoption assistance payment made under [clause (ii)](#a-1-B-ii) of paragraph (1)(B) exceed the foster care maintenance payment which would have been paid during the period if the [child](/usc/42/675.md?p=8-A) with respect to whom the adoption assistance payment is made had been in a foster family home.
  - (4)
    - (A) Notwithstanding any other provision of this section, a payment may not be made pursuant to this section to [parents](/usc/42/675.md?p=2) or relative guardians with respect to a [child](/usc/42/675.md?p=8-A)—
      - (i) who has attained—
        - (I) 18 years of age, or such greater age as the [State](/usc/42/619.md?p=5) may elect under [section 675(8)(B)(iii) of this title](/usc/42/675.md?p=8-B-iii); or
        - (II) 21 years of age, if the [State](/usc/42/619.md?p=5) determines that the [child](/usc/42/675.md?p=8-A) has a mental or physical handicap which warrants the continuation of assistance;
      - (ii) who has not attained 18 years of age, if the [State](/usc/42/619.md?p=5) determines that the [parents](/usc/42/675.md?p=2) or relative guardians, as the case may be, are no longer legally responsible for the support of the [child](/usc/42/675.md?p=8-A); or
      - (iii) if the [State](/usc/42/619.md?p=5) determines that the [child](/usc/42/675.md?p=8-A) is no longer receiving any support from the [parents](/usc/42/675.md?p=2) or relative guardians, as the case may be.
    - (B) [Parents](/usc/42/675.md?p=2) or relative guardians who have been receiving adoption assistance payments or kinship [guardianship](/usc/42/1397j.md?p=11) assistance payments under this section shall keep the [State](/usc/42/619.md?p=5) or local [agency](/usc/42/1397n–12.md?p=1) 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.
  - (5) For purposes of this part, individuals with whom a [child](/usc/42/675.md?p=8-A) (who has been determined by the [State](/usc/42/619.md?p=5), pursuant to [subsection (c)](#c), to be a [child](/usc/42/675.md?p=8-A) with special needs) is placed for adoption in accordance with applicable [State](/usc/42/619.md?p=5) and local law shall be eligible for such payments, during the period of the placement, on the same terms and subject to the same conditions as if such individuals had adopted such [child](/usc/42/675.md?p=8-A).
  - (6)
    - (A) For purposes of [paragraph (1)(B)(i)](#a-1-B-i), the term “nonrecurring adoption expenses” means reasonable and necessary adoption fees, court costs, attorney fees, and other expenses which are directly related to the legal adoption of a [child](/usc/42/675.md?p=8-A) with special needs and which are not incurred in [violation](/usc/42/2000e–16a.md?p=c) of [State](/usc/42/619.md?p=5) or Federal law.
    - (B) A [State](/usc/42/619.md?p=5)’s payment of nonrecurring adoption expenses under an [adoption assistance agreement](/usc/42/675.md?p=3) shall be treated as an expenditure made for the proper and efficient [administration](/usc/42/1301.md?p=a-10) of the [State](/usc/42/619.md?p=5) plan for purposes of [section 674(a)(3)(E) of this title](/usc/42/674.md?p=a-3-E).
  - (7)
    - (A) Notwithstanding any other provision of this subsection, no payment may be made to [parents](/usc/42/675.md?p=2) with respect to any applicable [child](/usc/42/675.md?p=8-A) for a [fiscal year](/usc/42/619.md?p=3) that—
      - (i) would be considered a [child](/usc/42/675.md?p=8-A) with special needs under [subsection (c)(2)](#c-2);
      - (ii) is not a citizen or resident of the [United States](/usc/42/1301.md?p=a-2); and
      - (iii) was adopted outside of the [United States](/usc/42/1301.md?p=a-2) or was brought into the [United States](/usc/42/1301.md?p=a-2) for the purpose of being adopted.
    - (B) [Subparagraph (A)](#a-7-A) shall not be construed as prohibiting payments under this part for an applicable [child](/usc/42/675.md?p=8-A) described in [subparagraph (A)](#a-7-A) that is placed in foster care subsequent to the failure, as determined by the [State](/usc/42/619.md?p=5), of the initial adoption of the [child](/usc/42/675.md?p=8-A) by the [parents](/usc/42/675.md?p=2) described in [subparagraph (A)](#a-7-A).
  - (8)
    - (A) A [State](/usc/42/619.md?p=5) shall calculate the savings (if any) resulting from the application of [paragraph (2)(A)(ii)](#a-2-A-ii) to all applicable children for a [fiscal year](/usc/42/619.md?p=3), using a methodology specified by the [Secretary](/usc/42/1301.md?p=a-6) or an alternate methodology proposed by the [State](/usc/42/619.md?p=5) and approved by the [Secretary](/usc/42/1301.md?p=a-6).
    - (B) A [State](/usc/42/619.md?p=5) shall annually report to the [Secretary](/usc/42/1301.md?p=a-6)—
      - (i) the methodology used to make the calculation described in [subparagraph (A)](#a-8-A), without regard to whether any savings are found;
      - (ii) the amount of any savings referred to in [subparagraph (A)](#a-8-A); and
      - (iii) how any such savings are spent, accounting for and reporting the spending separately from any other spending reported to the [Secretary](/usc/42/1301.md?p=a-6) under part B or this part.
    - (C) The [Secretary](/usc/42/1301.md?p=a-6) shall make all information reported pursuant to [subparagraph (B)](#a-8-B) available on the website of the Department of Health and Human Services in a location easily accessible to the public.
    - (D)
      - (i) A [State](/usc/42/619.md?p=5) shall spend an amount equal to the amount of the savings (if any) in [State](/usc/42/619.md?p=5) expenditures under this part resulting from the application of [paragraph (2)(A)(ii)](#a-2-A-ii) to all applicable children for a [fiscal year](/usc/42/619.md?p=3), to provide to children of families any service that may be provided under part B or this part. A [State](/usc/42/619.md?p=5) shall spend not less than 30 percent of any such savings on post-adoption services, post-[guardianship](/usc/42/1397j.md?p=11) services, and services to support and sustain positive permanent outcomes for children who otherwise might enter into foster care under the responsibility of the [State](/usc/42/619.md?p=5), with at least ⅔ of the spending by the [State](/usc/42/619.md?p=5) to comply with such 30 percent requirement being spent on post-adoption and post-[guardianship](/usc/42/1397j.md?p=11) services.
      - (ii) Any [State](/usc/42/619.md?p=5) spending required under [clause (i)](#a-8-D-i) shall be used to supplement, and not supplant, any Federal or [non-Federal funds](/usc/42/629a.md?p=a-9) used to provide any service under part B or this part.
- (b) **Aid for dependent children; assistance for minor children in needy families—**
  - (1) For purposes of subchapter XIX, any [child](/usc/42/675.md?p=8-A) who is described in [paragraph (3)](#b-3) is deemed to be a dependent [child](/usc/42/675.md?p=8-A) as defined in [section 606 of this title](/usc/42/606.md) (as in effect as of July 16, 1996) and deemed to be a recipient of aid to families with dependent children under part A of this subchapter (as so in effect) in the [State](/usc/42/619.md?p=5) where such [child](/usc/42/675.md?p=8-A) resides.
  - (2) For purposes of division A[^1] of subchapter XX, any [child](/usc/42/675.md?p=8-A) who is described in [paragraph (3)](#b-3) is deemed to be a [minor child](/usc/42/619.md?p=2) in a needy family under a [State](/usc/42/619.md?p=5) program funded under part A of this subchapter and deemed to be a recipient of assistance under such part.
  - (3) A [child](/usc/42/675.md?p=8-A) described in this paragraph is any [child](/usc/42/675.md?p=8-A)—
    - (A)
      - (i) who is a [child](/usc/42/675.md?p=8-A) described in [subsection (a)(2)](#a-2), and
      - (ii) with respect to whom an [adoption assistance agreement](/usc/42/675.md?p=3) is in effect under this section (whether or not adoption assistance payments are provided under the agreement or are being made under this section), [including](/usc/42/1301.md?p=b) any such [child](/usc/42/675.md?p=8-A) who has been placed for adoption in accordance with applicable [State](/usc/42/619.md?p=5) and local law (whether or not an interlocutory or other judicial decree of adoption has been issued),
    - (B) with respect to whom [foster care maintenance payments](/usc/42/675.md?p=4-A) are being made under [section 672 of this title](/usc/42/672.md), or
    - (C) with respect to whom kinship [guardianship](/usc/42/1397j.md?p=11) assistance payments are being made pursuant to [subsection (d)](#d).
  - (4) For purposes of paragraphs [(1)](#b-1) and [(2)](#b-2), a [child](/usc/42/675.md?p=8-A) whose costs in a foster family home or [child](/usc/42/675.md?p=8-A)-care institution are covered by the [foster care maintenance payments](/usc/42/675.md?p=4-A) being made with respect to the [child](/usc/42/675.md?p=8-A)’s minor parent, as provided in [section 675(4)(B) of this title](/usc/42/675.md?p=4-B), shall be considered a [child](/usc/42/675.md?p=8-A) with respect to whom [foster care maintenance payments](/usc/42/675.md?p=4-A) are being made under [section 672 of this title](/usc/42/672.md).
- (c) **Children with special needs—** For purposes of this section—
  - (1) in the case of a [child](/usc/42/675.md?p=8-A) who is not an applicable [child](/usc/42/675.md?p=8-A) for a [fiscal year](/usc/42/619.md?p=3), the [child](/usc/42/675.md?p=8-A) shall not be considered a [child](/usc/42/675.md?p=8-A) with special needs unless—
    - (A) the [State](/usc/42/619.md?p=5) has determined that the [child](/usc/42/675.md?p=8-A) cannot or should not be returned to the home of his [parents](/usc/42/675.md?p=2); and
    - (B) the [State](/usc/42/619.md?p=5) had first determined (A) that there exists with respect to the [child](/usc/42/675.md?p=8-A) a specific factor or condition (such as his ethnic background, age, or membership in a minority or [sibling](/usc/42/675.md?p=12) 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 such [child](/usc/42/675.md?p=8-A) cannot be placed with adoptive [parents](/usc/42/675.md?p=2) without providing adoption assistance under this section or medical assistance under subchapter XIX, and (B) that, except where it would be against the best interests of the [child](/usc/42/675.md?p=8-A) because of such factors as the existence of significant emotional ties with prospective adoptive [parents](/usc/42/675.md?p=2) while in the care of such [parents](/usc/42/675.md?p=2) as a foster [child](/usc/42/675.md?p=8-A), a reasonable, but unsuccessful, effort has been made to place the [child](/usc/42/675.md?p=8-A) with appropriate adoptive [parents](/usc/42/675.md?p=2) without providing adoption assistance under this section or medical assistance under subchapter XIX; or
  - (2) in the case of a [child](/usc/42/675.md?p=8-A) who is an applicable [child](/usc/42/675.md?p=8-A) for a [fiscal year](/usc/42/619.md?p=3), the [child](/usc/42/675.md?p=8-A) shall not be considered a [child](/usc/42/675.md?p=8-A) with special needs unless—
    - (A) the [State](/usc/42/619.md?p=5) has determined, pursuant to a criterion or criteria established by the [State](/usc/42/619.md?p=5), that the [child](/usc/42/675.md?p=8-A) cannot or should not be returned to the home of his [parents](/usc/42/675.md?p=2);
    - (B)
      - (i) the [State](/usc/42/619.md?p=5) has determined that there exists with respect to the [child](/usc/42/675.md?p=8-A) a specific factor or condition (such as ethnic background, age, or membership in a minority or [sibling](/usc/42/675.md?p=12) 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](/usc/42/675.md?p=8-A) cannot be placed with adoptive [parents](/usc/42/675.md?p=2) without providing adoption assistance under this section and medical assistance under subchapter XIX; or
      - (ii) the [child](/usc/42/675.md?p=8-A) meets all medical or disability requirements of subchapter XVI with respect to eligibility for supplemental security income benefits; and
    - (C) the [State](/usc/42/619.md?p=5) has determined that, except where it would be against the best interests of the [child](/usc/42/675.md?p=8-A) because of such factors as the existence of significant emotional ties with prospective adoptive [parents](/usc/42/675.md?p=2) while in the care of the [parents](/usc/42/675.md?p=2) as a foster [child](/usc/42/675.md?p=8-A), a reasonable, but unsuccessful, effort has been made to place the [child](/usc/42/675.md?p=8-A) with appropriate adoptive [parents](/usc/42/675.md?p=2) without providing adoption assistance under this section or medical assistance under subchapter XIX.
- (d) **Kinship guardianship assistance payments for children—**
  - (1) **Kinship guardianship assistance agreement—**
    - (A) **In general—** In order to receive payments under [section 674(a)(5) of this title](/usc/42/674.md?p=a-5), a [State](/usc/42/619.md?p=5) shall—
      - (i) negotiate and enter into a written, binding kinship [guardianship](/usc/42/1397j.md?p=11) assistance agreement with the prospective relative guardian of a [child](/usc/42/675.md?p=8-A) 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](/usc/42/1397j.md?p=11) assistance payment will be provided under the agreement, and the manner in which the payment may be adjusted periodically, in consultation with the relative guardian, based on the circumstances of the relative guardian and the needs of the [child](/usc/42/675.md?p=8-A);
      - (ii) the additional services and assistance that the [child](/usc/42/675.md?p=8-A) 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)](#d-1-D), that the [State](/usc/42/619.md?p=5) will pay the total cost of nonrecurring expenses associated with obtaining [legal guardianship](/usc/42/675.md?p=7) of the [child](/usc/42/675.md?p=8-A), 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](/usc/42/619.md?p=5) residency of the relative guardian.
    - (D) **No effect on Federal reimbursement—** Nothing in [subparagraph (B)(iv)](#d-1-B-iv) shall be construed as affecting the ability of the [State](/usc/42/619.md?p=5) 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](/usc/42/1397j.md?p=11) assistance payment on behalf of a [child](/usc/42/675.md?p=8-A) shall not exceed the foster care maintenance payment which would have been paid on behalf of the [child](/usc/42/675.md?p=8-A) if the [child](/usc/42/675.md?p=8-A) had remained in a foster family home.
  - (3) **Child’s eligibility for a kinship guardianship assistance payment—**
    - (A) **In general—** A [child](/usc/42/675.md?p=8-A) is eligible for a kinship [guardianship](/usc/42/1397j.md?p=11) assistance payment under this subsection if the [State agency](/usc/42/629a.md?p=a-3) determines the following:
      - (i) The [child](/usc/42/675.md?p=8-A) 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](/usc/42/675.md?p=8-A); and
        - (II) eligible for [foster care maintenance payments](/usc/42/675.md?p=4-A) under [section 672 of this title](/usc/42/672.md) while residing for at least 6 consecutive months in the home of the prospective relative guardian.
      - (ii) Being returned home or adopted are not appropriate permanency options for the [child](/usc/42/675.md?p=8-A).
      - (iii) The [child](/usc/42/675.md?p=8-A) demonstrates a strong attachment to the prospective relative guardian and the relative guardian has a strong commitment to caring permanently for the [child](/usc/42/675.md?p=8-A).
      - (iv) With respect to a [child](/usc/42/675.md?p=8-A) who has attained 14 years of age, the [child](/usc/42/675.md?p=8-A) has been consulted regarding the kinship [guardianship](/usc/42/1397j.md?p=11) arrangement.
    - (B) **Treatment of siblings—** With respect to a [child](/usc/42/675.md?p=8-A) described in [subparagraph (A)](#d-3-A) whose [sibling](/usc/42/675.md?p=12) or [siblings](/usc/42/675.md?p=12) are not so described—
      - (i) the [child](/usc/42/675.md?p=8-A) and any [sibling](/usc/42/675.md?p=12) of the [child](/usc/42/675.md?p=8-A) may be placed in the same kinship [guardianship](/usc/42/1397j.md?p=11) arrangement, in accordance with [section 671(a)(31) of this title](/usc/42/671.md?p=a-31), if the [State agency](/usc/42/629a.md?p=a-3) and the relative agree on the appropriateness of the arrangement for the [siblings](/usc/42/675.md?p=12); and
      - (ii) kinship [guardianship](/usc/42/1397j.md?p=11) assistance payments may be paid on behalf of each [sibling](/usc/42/675.md?p=12) so placed.
    - (C) **Eligibility not affected by replacement of guardian with a successor guardian—** In the event of the death or incapacity of the relative guardian, the eligibility of a [child](/usc/42/675.md?p=8-A) for a kinship [guardianship](/usc/42/1397j.md?p=11) assistance payment under this subsection shall not be affected by reason of the replacement of the relative guardian with a successor [legal guardian](/usc/42/675.md?p=7) named in the kinship [guardianship](/usc/42/1397j.md?p=11) assistance agreement referred to in [paragraph (1)](#d-1) ([including](/usc/42/1301.md?p=b) in any amendment to the agreement), notwithstanding subparagraph (A) of this paragraph and [section 671(a)(28) of this title](/usc/42/671.md?p=a-28).
- (e) **Applicable child defined—**
  - (1) **On the basis of age—**
    - (A) **In general—** Subject to paragraphs [(2)](#e-2) and [(3)](#e-3), in this section, the term “applicable [child](/usc/42/675.md?p=8-A)” means a [child](/usc/42/675.md?p=8-A) for whom an [adoption assistance agreement](/usc/42/675.md?p=3) is entered into under this section during any [fiscal year](/usc/42/619.md?p=3) described in [subparagraph (B)](#e-1-B) if the [child](/usc/42/675.md?p=8-A) attained the applicable age for that [fiscal year](/usc/42/619.md?p=3) before the end of that [fiscal year](/usc/42/619.md?p=3).
    - (B) **Applicable age—** For purposes of [subparagraph (A)](#e-1-A), the applicable age for a [fiscal year](/usc/42/619.md?p=3) is as follows:

      | In the case of [fiscal year](/usc/42/619.md?p=3): | The applicable age is: |
      | --- | --- |
      | 2010 | 16 |
      | 2011 | 14 |
      | 2012 | 12 |
      | 2013 | 10 |
      | 2014 | 8 |
      | 2015 | 6 |
      | 2016 | 4 |
      | 2017 through 2023 | 2 |
      | 2024 | 2 (or, in the case of a [child](/usc/42/675.md?p=8-A) for whom an [adoption assistance agreement](/usc/42/675.md?p=3) is entered into under this section on or after July 1, 2024, any age) |
      | 2025 or thereafter | any age. |

  - (2) **Exception for duration in care—** Notwithstanding paragraph (1) of this subsection, beginning with [fiscal year](/usc/42/619.md?p=3) 2010, such term shall include a [child](/usc/42/675.md?p=8-A) of any age on the date on which an [adoption assistance agreement](/usc/42/675.md?p=3) is entered into on behalf of the [child](/usc/42/675.md?p=8-A) under this section if the [child](/usc/42/675.md?p=8-A)—
    - (A) has been in foster care under the responsibility of the [State](/usc/42/619.md?p=5) for at least 60 consecutive months; and
    - (B) meets the requirements of [subsection (a)(2)(A)(ii)](#a-2-A-ii).
  - (3) **Exception for member of a sibling group—** Notwithstanding paragraphs (1) and (2) of this subsection, beginning with [fiscal year](/usc/42/619.md?p=3) 2010, such term shall include a [child](/usc/42/675.md?p=8-A) of any age on the date on which an [adoption assistance agreement](/usc/42/675.md?p=3) is entered into on behalf of the [child](/usc/42/675.md?p=8-A) under this section without regard to whether the [child](/usc/42/675.md?p=8-A) is described in paragraph (2)(A) of this subsection if the [child](/usc/42/675.md?p=8-A)—
    - (A) is a [sibling](/usc/42/675.md?p=12) of a [child](/usc/42/675.md?p=8-A) who is an applicable [child](/usc/42/675.md?p=8-A) for the [fiscal year](/usc/42/619.md?p=3) under paragraph (1) or (2) of this subsection;
    - (B) is to be placed in the same adoption placement as an applicable [child](/usc/42/675.md?p=8-A) for the [fiscal year](/usc/42/619.md?p=3) who is their [sibling](/usc/42/675.md?p=12); and
    - (C) meets the requirements of [subsection (a)(2)(A)(ii)](#a-2-A-ii).

## Footnotes

[^1]: See References in Text note below.

## Source credit

(Aug. 14, 1935, ch. 531, title IV, § 473, as added and amended Pub. L. 96–272, title I, §§ 101(a)(1), 102(a)(3), June 17, 1980, 94 Stat. 504, 514; Pub. L. 99–272, title XII, § 12305(a), (b)(1), Apr. 7, 1986, 100 Stat. 293; Pub. L. 99–514, title XVII, § 1711(a), (b), (c)(3)–(5), Oct. 22, 1986, 100 Stat. 2783, 2784; Pub. L. 99–603, title II, § 201(b)(2)(B), Nov. 6, 1986, 100 Stat. 3403; Pub. L. 100–203, title IX, §§ 9133(b)(3), (4), 9139(b), Dec. 22, 1987, 101 Stat. 1330–314, 1330–321; Pub. L. 103–432, title II, §§ 265(b), 266(a), Oct. 31, 1994, 108 Stat. 4469; Pub. L. 104–193, title I, § 108(d)(5), (6), Aug. 22, 1996, 110 Stat. 2167; Pub. L. 105–33, title V, § 5513(b)(3), (4), Aug. 5, 1997, 111 Stat. 620; Pub. L. 105–89, title III, § 307(a), Nov. 19, 1997, 111 Stat. 2133; Pub. L. 109–171, title VII, § 7404(b), Feb. 8, 2006, 120 Stat. 153; Pub. L. 110–351, title I, § 101(b), (c)(1), (5), (f), title II, § 201(c), title IV, § 402, Oct. 7, 2008, 122 Stat. 3950, 3951, 3953, 3958, 3975; Pub. L. 111–148, title VI, § 6703(d)(2)(B), Mar. 23, 2010, 124 Stat. 803; Pub. L. 112–34, title I, § 106(c), Sept. 30, 2011, 125 Stat. 377; Pub. L. 113–183, title II, §§ 206, 207, Sept. 29, 2014, 128 Stat. 1939, 1940; Pub. L. 115–123, div. E, title VII, § 50781(a), Feb. 9, 2018, 132 Stat. 268.)

## Notes

### Editorial Notes

### References in Text

The Adoption and Safe Families Act of 1997, referred to in subsec. (a)(2)(C)(ii), is Pub. L. 105–89, Nov. 19, 1997, 111 Stat. 2115. For complete classification of this Act to the Code, see Short Title of 1997 Amendment note set out under section 1305 of this title and Tables.

Division A of subchapter XX, referred to in subsec. (b)(2), was in the original a reference to subtitle 1 of title XX, which was translated as if referring to subtitle A of title XX of the Social Security Act, to reflect the probable intent of Congress. Title XX of the Act, enacting subchapter XX of this chapter, does not contain a subtitle 1.

### Amendments

2018—Subsec. (e)(1)(B). Pub. L. 115–123, in table, substituted entries for 2017 through 2023, 2024, and 2025 or thereafter for entries for 2017 and 2018 or thereafter.

2014—Subsec. (a)(8). Pub. L. 113–183, § 206, amended par. (8) generally. Prior to amendment, par. (8) read as follows: “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, and shall document how such amounts are spent, including on post-adoption services.”

Subsec. (d)(3)(C). Pub. L. 113–183, § 207, added subpar. (C).

2011—Subsec. (a)(8). Pub. L. 112–34 inserted “, and shall document how such amounts are spent, including on post-adoption services” before the period.

2010—Subsec. (b)(2). Pub. L. 111–148 inserted “division A of” before “subchapter XX”.

2008—Pub. L. 110–351, § 101(c)(5), inserted “and guardianship” after “Adoption” in section catchline.

Subsec. (a)(2)(A). Pub. L. 110–351, § 402(1)(A)(i), substituted “if—” for “if the child—” in introductory provisions, inserted cl. (i) designation and introductory provisions, redesignated former cls. (i) and (ii) as subcls. (I) and (II), respectively, of cl. (i) and substituted “subsection (c)(1)” for “subsection (c)” in subcl. (II), redesignated former subcls. (I) to (III) of cl. (i) as items (aa) to (cc), respectively, of cl. (i)(I), redesignated former items (aa) and (bb) of cl. (i)(I) as subitems (AA) and (BB), respectively, of cl. (i)(I)(aa) and substituted “subitem (AA) of this item” for “item (aa) of this subclause” in subitem (BB), realigned margins, and added cl. (ii).

Subsec. (a)(2)(C). Pub. L. 110–351, § 402(1)(A)(ii), substituted “if—” for “if the child—” in introductory provisions, inserted cl. (i) designation and introductory provisions, redesignated former cls. (i) to (iv) as subcls. (I) to (IV), respectively, of cl. (i) and substituted “subparagraph (A)(i)(II)” for “subparagraph (A)(ii)” in subcl. (I) and “subparagraph (A)(i)” for “subparagraph (A)” in subcl. (IV), redesignated former subcls. (I) and (II) of cl. (iii) as items (aa) and (bb), respectively, of cl. (i)(III), redesignated former subcls. (I) and (II) of cl. (iv) as items (aa) and (bb), respectively, of cl. (i)(IV), realigned margins, and added cl. (ii).

Subsec. (a)(2)(D). Pub. L. 110–351, § 101(c)(1), added subpar. (D).

Subsec. (a)(4). Pub. L. 110–351, § 201(c), amended par. (4) generally. Prior to amendment, par. (4) read as follows: “Notwithstanding the preceding paragraph, (A) no payment may be made to parents with respect to any child who has attained the age of eighteen (or, where the State determines that the child has a mental or physical handicap which warrants the continuation of assistance, the age of twenty-one), and (B) no payment may be made to parents with respect to any child if the State determines that the parents are no longer legally responsible for the support of the child or if the State determines that the child is no longer receiving any support from such parents. Parents who have been receiving adoption assistance 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 such assistance payments, or eligible for assistance payments in a different amount.”

Subsec. (a)(7), (8). Pub. L. 110–351, § 402(1)(B), added pars. (7) and (8).

Subsec. (b)(3)(C). Pub. L. 110–351, § 101(f), added subpar. (C).

Subsec. (c). Pub. L. 110–351, § 402(2), substituted “this section—” for “this section, a child shall not be considered a child with special needs unless—” in introductory provisions, inserted par. (1) designation and introductory provisions, redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively, of par. (1), realigned margins, and added par. (2).

Subsec. (d). Pub. L. 110–351, § 101(b), added subsec. (d).

Subsec. (e). Pub. L. 110–351, § 402(3), added subsec. (e).

2006—Subsec. (a)(2). Pub. L. 109–171 amended par. (2) generally. Prior to amendment, par. (2) contained provisions relating to criteria used for determining whether a child met the requirements of par. (2) for purposes of par. (1)(B)(ii).

1997—Subsec. (a)(2). Pub. L. 105–89 inserted at end “Any child who meets the requirements of subparagraph (C), who was determined eligible for adoption assistance payments under this part with respect to a prior adoption, who 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 who fails to meet the requirements of subparagraphs (A) and (B) but would meet such requirements if 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 the prior adoption were treated as never having occurred, shall be treated as meeting the requirements of this paragraph for purposes of paragraph (1)(B)(ii).”

Pub. L. 105–33, § 5513(b)(3), substituted “July 16, 1996” for “June 1, 1995” wherever appearing.

Subsec. (b)(1). Pub. L. 105–33, § 5513(b)(4), substituted “July 16, 1996” for “June 1, 1995”.

1996—Subsec. (a)(2)(A)(i). Pub. L. 104–193, § 108(d)(5)(A), inserted “(as such sections were in effect on June 1, 1995)” after “section 607 of this title”, “(as so in effect)” after “specified in section 606(a) of this title”, and “(as such section was in effect on June 1, 1995)” after “603”.

Subsec. (a)(2)(B)(i). Pub. L. 104–193, § 108(d)(5)(B), inserted “would have” before “received aid under the State plan” and “(as in effect on June 1, 1995)” after “602 of this title”.

Subsec. (a)(2)(B)(ii)(II). Pub. L. 104–193, § 108(d)(5)(C), inserted “(as in effect on June 1, 1995)” after “606(a) of this title”.

Subsec. (b). Pub. L. 104–193, § 108(d)(6), amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “For purposes of subchapters XIX and XX of this chapter, any child—

“(1)(A) who is a child described in subsection (a)(2) of this section, and

“(B) with respect to whom an adoption assistance agreement is in effect under this section (whether or not adoption assistance payments are provided under the agreement or are being made under this section), including any such child who has been placed for adoption in accordance with applicable State and local law (whether or not an interlocutory or other judicial decree of adoption has been issued), or

“(2) with respect to whom foster care maintenance payments are being made under section 672 of this title,

shall be deemed to be a dependent child as defined in section 606 of this title and shall be deemed to be a recipient of aid to families with dependent children under part A of this subchapter in the State where such child resides. For purposes of the preceding sentence, 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 his or her minor parent, as provided in section 675(4)(B) of this title, shall be considered a child with respect to whom foster care maintenance payments are being made under section 672 of this title.”

1994—Subsec. (a)(6)(B). Pub. L. 103–432, § 266(a), substituted “section 674(a)(3)(E) of this title” for “section 674(a)(3)(C) of this title”.

Pub. L. 103–432, § 265(b), substituted “section 674(a)(3)(C) of this title” for “section 674(a)(3)(B) of this title”.

1987—Subsec. (a)(2). Pub. L. 100–203, § 9139(b), made technical amendment to Pub. L. 99–603. See 1986 Amendment note below.

Subsec. (a)(2)(A)(iii). Pub. L. 100–203, § 9133(b)(3)(A), added cl. (iii).

Subsec. (a)(2)(B)(iii). Pub. L. 100–203, § 9133(b)(3)(B), inserted “or (A)(iii)” after “(A)(ii)”.

Subsec. (b). Pub. L. 100–203, § 9133(b)(4), inserted sentence at end.

1986—Subsec. (a)(2). Pub. L. 99–603, as amended Pub. L. 100–203, § 9139(b), inserted at end “The last sentence of section 672(a) of this title shall apply, for purposes of subparagraph (B), in any case where the child is an alien described in that sentence.”

Pub. L. 99–514, § 1711(a), substituted par. (1) and introductory text of par. (2) for former introductory text of par. (1) which read as follows: “Each State with a plan approved under this part shall, directly through the State agency or through another public or nonprofit private agency, make adoption assistance payments pursuant to an adoption assistance agreement in amounts determined under paragraph (2) of this subsection to parents who, after June 17, 1980, adopt a child who—”. Former par. (2) redesignated (3).

Subsec. (a)(3). Pub. L. 99–514, § 1711(a)(1), (c)(3), redesignated par. (2) as (3), substituted “payments to be made in any case under clauses (i) and (ii) of paragraph (1)(B)” for “adoption assistance payments”, and inserted “made under clause (ii) of paragraph (1)(B)”. Former par. (3) redesignated (4).

Subsec. (a)(4). Pub. L. 99–514, § 1711(a)(1), redesignated par. (3) as (4). Former par. (4) redesignated (5).

Subsec. (a)(5). Pub. L. 99–514, § 1711(a)(1), (c)(4), redesignated par. (4) as (5) and substituted “in accordance with applicable State and local law shall be eligible for such payments” for “, pursuant to an interlocutory decree, shall be eligible for adoption assistance payments under this subsection”.

Subsec. (a)(6). Pub. L. 99–514, § 1711(b), added par. (6).

Subsec. (b). Pub. L. 99–272, § 12305(a), amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “For purposes of subchapters XIX and XX of this chapter, any child with respect to whom adoption assistance payments are made under this section shall be deemed to be a dependent child as defined in section 606 of this title and shall be deemed to be a recipient of aid to families with dependent children under part A of this subchapter.”

Subsec. (b)(1)(A). Pub. L. 99–514, § 1711(c)(5), substituted “subsection (a)(2)” for “subsection (a)(1)”.

Subsec. (c)(2). Pub. L. 99–272, § 12305(b)(1), substituted “without providing adoption assistance under this section or medical assistance under subchapter XIX” for “without providing adoption assistance”, and inserted “or medical assistance under subchapter XIX” after “appropriate adoptive parents without providing adoption assistance under this section”.

1980—Subsec. (a)(1). Pub. L. 96–272, § 102(a)(3), inserted references to voluntary placement agreements in subpars. (A)(i) and (B)(i), (ii).

### Statutory Notes and Related Subsidiaries

### Effective Date of 2018 Amendment

Pub. L. 115–123, div. E, title VII, § 50781(b), Feb. 9, 2018, 132 Stat. 268, provided that: “The amendment made by this section [amending this section] shall take effect as if enacted on January 1, 2018.”

### Effective Date of 2014 Amendment

Amendment by section 206 of Pub. L. 113–183 effective Oct. 1, 2014, see section 210(d) of Pub. L. 113–183, set out as a note under section 671 of this title.

### Effective Date of 2011 Amendment

Amendment by Pub. L. 112–34 effective Oct. 1, 2011, and applicable to payments under this part and part B of this subchapter for calendar quarters beginning on or after such date, without regard to whether implementing regulations have been promulgated, and with delay permitted if State legislation is required to meet additional requirements, see section 107 of Pub. L. 112–34, set out as a note under section 622 of this title.

### Effective Date of 2008 Amendment

Amendment by section 201(c) of Pub. L. 110–351 effective Oct. 1, 2010, see section 201(d) of Pub. L. 110–351, set out as a note under section 672 of this title.

Amendment by Pub. L. 110–351 effective Oct. 7, 2008, except as otherwise provided, and applicable to payments under this part and part B of this subchapter for quarters beginning on or after effective date of amendment, 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.

### Effective Date of 2006 Amendment

Amendment by Pub. L. 109–171 effective as if enacted on Oct. 1, 2005, except as otherwise provided, see section 7701 of Pub. L. 109–171, set out as a note under section 603 of this title.

### Effective Date of 1997 Amendment

Pub. L. 105–89, title III, § 307(b), Nov. 19, 1997, 111 Stat. 2133, provided that: “The amendment made by subsection (a) [amending this section] shall only apply to children who are adopted on or after October 1, 1997.”

Amendment by Pub. L. 105–33 effective as if included in section 108 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Pub. L. 104–193, at the time such section 108 became law, see section 5518(b) of Pub. L. 105–33, set out as a note under section 652 of this title.

### Effective Date of 1996 Amendment

Amendment by Pub. L. 104–193 effective July 1, 1997, with transition rules relating to State options to accelerate such date, rules relating to claims, actions, and proceedings commenced before such date, rules relating to closing out of accounts for terminated or substantially modified programs and continuance in office of Assistant Secretary for Family Support, and provisions relating to termination of entitlement under AFDC program, see section 116 of Pub. L. 104–193, set out as an Effective Date note under section 601 of this title.

### Effective Date of 1994 Amendment

Pub. L. 103–432, title II, § 265(d), Oct. 31, 1994, 108 Stat. 4469, provided that: “Each amendment made by this section [amending this section and sections 608 and 675 of this title] shall take effect as if the amendment had been included in the provision of OBRA–1989 [Pub. L. 101–239] to which the amendment relates, at the time the provision became law.”

Pub. L. 103–432, title II, § 266, Oct. 31, 1994, 108 Stat. 4469, provided that: “The amendment made by this section [amending this section] shall take effect as if the amendment had been included in the provision of OBRA–1993 [Pub. L. 103–66] to which the amendment relates, at the time the provision became law.”

### Effective Date of 1987 Amendment

Amendment by section 9133(b)(3), (4) of Pub. L. 100–203 effective Apr. 1, 1988, see section 9133(c) of Pub. L. 100–203, set out as a note under section 672 of this title.

### Effective Date of 1986 Amendment

Amendment by Pub. L. 99–514 applicable only with respect to expenditures made after Dec. 31, 1986, see section 1711(d) of Pub. L. 99–514, set out as a note under section 670 of this title.

Pub. L. 99–272, title XII, § 12305(c), Apr. 7, 1986, 100 Stat. 294, provided that: “The amendments made by this section [amending this section and sections 675 and 1396a of this title] shall apply to medical assistance furnished in or after the first calendar quarter beginning more than 90 days after the date of the enactment of this Act [Apr. 7, 1986].”

### Effective Date of 1980 Amendment

Amendment by section 102(a)(3) of Pub. L. 96–272 effective only with respect to expenditures made after Sept. 30, 1979, see section 102(c) of Pub. L. 96–272, set out as a note under section 672 of this title.