---
kind: "section"
citation: "42 U.S.C. § 675a"
title: "42"
title_heading: "The Public Health and Welfare"
number: "675a"
heading: "Additional case plan and case review system requirements"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/675a"
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"
---

# §675a. Additional case plan and case review system requirements

- (a) **Requirements for another planned permanent living arrangement—** In the case of any [child](/usc/42/675.md?p=8-A) for whom another planned permanent living arrangement is the permanency plan determined for the [child](/usc/42/675.md?p=8-A) under [section 675(5)(C) of this title](/usc/42/675.md?p=5-C), the following requirements shall apply for purposes of approving the [case plan](/usc/42/675.md?p=1) for the [child](/usc/42/675.md?p=8-A) and the case system review procedure for the [child](/usc/42/675.md?p=8-A):
  - (1) **Documentation of intensive, ongoing, unsuccessful efforts for family placement—** At each permanency hearing held with respect to the [child](/usc/42/675.md?p=8-A), the [State agency](/usc/42/629a.md?p=a-3) documents the intensive, ongoing, and, as of the date of the hearing, unsuccessful efforts made by the [State agency](/usc/42/629a.md?p=a-3) to return the [child](/usc/42/675.md?p=8-A) home or secure a placement for the [child](/usc/42/675.md?p=8-A) with a fit and willing relative ([including](/usc/42/1301.md?p=b) [adult](/usc/42/619.md?p=1) [siblings](/usc/42/675.md?p=12)), a [legal guardian](/usc/42/675.md?p=7), or an adoptive parent, [including](/usc/42/1301.md?p=b) through efforts that utilize search technology ([including](/usc/42/1301.md?p=b) [social](/usc/42/1397j.md?p=20) media) to find biological family members for the children.
  - (2) **Redetermination of appropriateness of placement at each permanency hearing—** The [State agency](/usc/42/629a.md?p=a-3) shall implement procedures to ensure that, at each permanency hearing held with respect to the [child](/usc/42/675.md?p=8-A), the court or administrative body appointed or approved by the court conducting the hearing on the permanency plan for the [child](/usc/42/675.md?p=8-A) does the following:
    - (A) Ask the [child](/usc/42/675.md?p=8-A) about the desired permanency outcome for the [child](/usc/42/675.md?p=8-A).
    - (B) Make a judicial determination explaining why, as of the date of the hearing, another planned permanent living arrangement is the best permanency plan for the [child](/usc/42/675.md?p=8-A) and provide compelling reasons why it continues to not be in the best interests of the [child](/usc/42/675.md?p=8-A) to—
      - (i) return home;
      - (ii) be placed for adoption;
      - (iii) be placed with a [legal guardian](/usc/42/675.md?p=7); or
      - (iv) be placed with a fit and willing relative.
  - (3) **Demonstration of support for engaging in age or developmentally-appropriate activities and social events—** At each permanency hearing held with respect to the [child](/usc/42/675.md?p=8-A), the [State agency](/usc/42/629a.md?p=a-3) shall document the steps the [State agency](/usc/42/629a.md?p=a-3) is taking to ensure that—
    - (A) the [child](/usc/42/675.md?p=8-A)’s foster family home or [child](/usc/42/675.md?p=8-A) care institution is following the [reasonable and prudent parent standard](/usc/42/675.md?p=10-A); and
    - (B) the [child](/usc/42/675.md?p=8-A) has regular, ongoing opportunities to engage in age or developmentally appropriate activities ([including](/usc/42/1301.md?p=b) by consulting with the [child](/usc/42/675.md?p=8-A) in an age-appropriate manner about the opportunities of the [child](/usc/42/675.md?p=8-A) to participate in the activities).
- (b) **List of rights—** The [case plan](/usc/42/675.md?p=1) for any [child](/usc/42/675.md?p=8-A) in foster care under the responsibility of the [State](/usc/42/619.md?p=5) who has attained 14 years of age shall include—
  - (1) a document that describes the rights of the [child](/usc/42/675.md?p=8-A) with respect to education, health, visitation, and court participation, the right to be provided with the documents specified in [section 675(5)(I) of this title](/usc/42/675.md?p=5-I) in accordance with that section, and the right to stay safe and avoid [exploitation](/usc/42/1397j.md?p=8); and
  - (2) a signed acknowledgment by the [child](/usc/42/675.md?p=8-A) that the [child](/usc/42/675.md?p=8-A) has been provided with a copy of the document and that the rights contained in the document have been explained to the [child](/usc/42/675.md?p=8-A) in an age-appropriate way.
- (c) **Assessment, documentation, and judicial determination requirements for placement in a qualified residential treatment program—** In the case of any [child](/usc/42/675.md?p=8-A) who is placed in a qualified residential [treatment](/usc/42/11851.md?p=11) program (as defined in [section 672(k)(4) of this title](/usc/42/672.md?p=k-4)), the following requirements shall apply for purposes of approving the [case plan](/usc/42/675.md?p=1) for the [child](/usc/42/675.md?p=8-A) and the case system review procedure for the [child](/usc/42/675.md?p=8-A):
  - (1)
    - (A) Within 30 days of the start of each placement in such a setting, a qualified individual (as defined in [subparagraph (D)](#c-1-D)) shall—
      - (i) assess the strengths and needs of the [child](/usc/42/675.md?p=8-A) using an age-appropriate, evidence-based, validated, functional assessment tool approved by the [Secretary](/usc/42/1301.md?p=a-6);
      - (ii) determine whether the needs of the [child](/usc/42/675.md?p=8-A) can be met with family members or through placement in a foster family home or, if not, which setting from among the settings specified in [section 672(k)(2) of this title](/usc/42/672.md?p=k-2) would provide the most effective and appropriate level of care for the [child](/usc/42/675.md?p=8-A) in the least restrictive environment and be consistent with the short- and long-term goals for the [child](/usc/42/675.md?p=8-A), as specified in the permanency plan for the [child](/usc/42/675.md?p=8-A); and
      - (iii) develop a list of [child](/usc/42/675.md?p=8-A)-specific short- and long-term mental and behavioral health goals.
    - (B)
      - (i) The [State](/usc/42/619.md?p=5) shall assemble a family and permanency team for the [child](/usc/42/675.md?p=8-A) in accordance with the requirements of clauses [(ii)](#c-1-B-ii) and [(iii)](#c-1-B-iii). The qualified individual conducting the assessment required under [subparagraph (A)](#c-1-A) shall work in conjunction with the family of, and permanency team for, the [child](/usc/42/675.md?p=8-A) while conducting and making the assessment.
      - (ii) The family and permanency team shall consist of all appropriate biological family members, relative, and fictive kin of the [child](/usc/42/675.md?p=8-A), as well as, as appropriate, professionals who are a resource to the family of the [child](/usc/42/675.md?p=8-A), such as teachers, medical or mental health providers who have treated the [child](/usc/42/675.md?p=8-A), or clergy. In the case of a [child](/usc/42/675.md?p=8-A) who has attained age 14, the family and permanency team shall include the members of the permanency planning team for the [child](/usc/42/675.md?p=8-A) that are selected by the [child](/usc/42/675.md?p=8-A) in accordance with [section 675(5)(C)(iv) of this title](/usc/42/675.md).
      - (iii) The [State](/usc/42/619.md?p=5) shall document in the [child](/usc/42/675.md?p=8-A)’s [case plan](/usc/42/675.md?p=1)—
        - (I) the reasonable and good faith effort of the [State](/usc/42/619.md?p=5) to identify and include all the individuals described in [clause (ii)](#c-1-B-ii) on the [child](/usc/42/675.md?p=8-A)’s family and permanency team;
        - (II) all contact information for members of the family and permanency team, as well as contact information for other family members and fictive kin who are not part of the family and permanency team;
        - (III) evidence that meetings of the family and permanency team, [including](/usc/42/1301.md?p=b) meetings relating to the assessment required under [subparagraph (A)](#c-1-A), are held at a time and place convenient for family;
        - (IV) if reunification is the goal, evidence demonstrating that the parent from whom the [child](/usc/42/675.md?p=8-A) was removed provided input on the members of the family and permanency team;
        - (V) evidence that the assessment required under [subparagraph (A)](#c-1-A) is determined in conjunction with the family and permanency team;
        - (VI) the placement preferences of the family and permanency team relative to the assessment that recognizes children should be placed with their [siblings](/usc/42/675.md?p=12) unless there is a finding by the court that such placement is contrary to their best interest; and
        - (VII) if the placement preferences of the family and permanency team and [child](/usc/42/675.md?p=8-A) are not the placement setting recommended by the qualified individual conducting the assessment under [subparagraph (A)](#c-1-A), the reasons why the preferences of the team and of the [child](/usc/42/675.md?p=8-A) were not recommended.
    - (C) In the case of a [child](/usc/42/675.md?p=8-A) who the qualified individual conducting the assessment under [subparagraph (A)](#c-1-A) determines should not be placed in a foster family home, the qualified individual shall specify in writing the reasons why the needs of the [child](/usc/42/675.md?p=8-A) cannot be met by the family of the [child](/usc/42/675.md?p=8-A) or in a foster family home. A shortage or lack of foster family homes shall not be an acceptable reason for determining that the needs of the [child](/usc/42/675.md?p=8-A) cannot be met in a foster family home. The qualified individual also shall specify in writing why the recommended placement in a qualified residential [treatment](/usc/42/11851.md?p=11) program is the setting that will provide the [child](/usc/42/675.md?p=8-A) with the most effective and appropriate level of care in the least restrictive environment and how that placement is consistent with the short- and long-term goals for the [child](/usc/42/675.md?p=8-A), as specified in the permanency plan for the [child](/usc/42/675.md?p=8-A).
    - (D)
      - (i) Subject to [clause (ii)](#c-1-D-ii), in this subsection, the term “qualified individual” means a trained professional or licensed clinician who is not an employee of the [State agency](/usc/42/629a.md?p=a-3) and who is not connected to, or affiliated with, any placement setting in which children are placed by the [State](/usc/42/619.md?p=5).
      - (ii) The [Secretary](/usc/42/1301.md?p=a-6) may approve a request of a [State](/usc/42/619.md?p=5) to waive any requirement in [clause (i)](#c-1-D-i) upon a submission by the [State](/usc/42/619.md?p=5), in accordance with criteria established by the [Secretary](/usc/42/1301.md?p=a-6), that certifies that the trained professionals or licensed clinicians with responsibility for performing the assessments described in [subparagraph (A)](#c-1-A) shall maintain objectivity with respect to determining the most effective and appropriate placement for a [child](/usc/42/675.md?p=8-A).
  - (2) Within 60 days of the start of each placement in a qualified residential [treatment](/usc/42/11851.md?p=11) program, a family or juvenile court or another court ([including](/usc/42/1301.md?p=b) a tribal court) of competent jurisdiction, or an administrative body appointed or approved by the court, independently, shall—
    - (A) consider the assessment, determination, and documentation made by the qualified individual conducting the assessment under [paragraph (1)](#c-1);
    - (B) determine whether the needs of the [child](/usc/42/675.md?p=8-A) can be met through placement in a foster family home or, if not, whether placement of the [child](/usc/42/675.md?p=8-A) in a qualified residential [treatment](/usc/42/11851.md?p=11) program provides the most effective and appropriate level of care for the [child](/usc/42/675.md?p=8-A) in the least restrictive environment and whether that placement is consistent with the short- and long-term goals for the [child](/usc/42/675.md?p=8-A), as specified in the permanency plan for the [child](/usc/42/675.md?p=8-A); and
    - (C) approve or disapprove the placement.
  - (3) The written documentation made under [paragraph (1)(C)](#c-1-C) and documentation of the determination and approval or disapproval of the placement in a qualified residential [treatment](/usc/42/11851.md?p=11) program by a court or administrative body under [paragraph (2)](#c-2) shall be included in and made part of the [case plan](/usc/42/675.md?p=1) for the [child](/usc/42/675.md?p=8-A).
  - (4) As long as a [child](/usc/42/675.md?p=8-A) remains placed in a qualified residential [treatment](/usc/42/11851.md?p=11) program, the [State agency](/usc/42/629a.md?p=a-3) shall submit evidence at each status review and each permanency hearing held with respect to the [child](/usc/42/675.md?p=8-A)—
    - (A) demonstrating that ongoing assessment of the strengths and needs of the [child](/usc/42/675.md?p=8-A) continues to support the determination that the needs of the [child](/usc/42/675.md?p=8-A) cannot be met through placement in a foster family home, that the placement in a qualified residential [treatment](/usc/42/11851.md?p=11) program provides the most effective and appropriate level of care for the [child](/usc/42/675.md?p=8-A) in the least restrictive environment, and that the placement is consistent with the short- and long-term goals for the [child](/usc/42/675.md?p=8-A), as specified in the permanency plan for the [child](/usc/42/675.md?p=8-A);
    - (B) documenting the specific [treatment](/usc/42/11851.md?p=11) or service needs that will be met for the [child](/usc/42/675.md?p=8-A) in the placement and the length of time the [child](/usc/42/675.md?p=8-A) is expected to need the [treatment](/usc/42/11851.md?p=11) or services; and
    - (C) documenting the efforts made by the [State agency](/usc/42/629a.md?p=a-3) to prepare the [child](/usc/42/675.md?p=8-A) to return home or to be placed with a fit and willing relative, a [legal guardian](/usc/42/675.md?p=7), or an adoptive parent, or in a foster family home.
  - (5) In the case of any [child](/usc/42/675.md?p=8-A) who is placed in a qualified residential [treatment](/usc/42/11851.md?p=11) program for more than 12 consecutive months or 18 nonconsecutive months (or, in the case of a [child](/usc/42/675.md?p=8-A) who has not attained age 13, for more than 6 consecutive or nonconsecutive months), the [State agency](/usc/42/629a.md?p=a-3) shall submit to the [Secretary](/usc/42/1301.md?p=a-6)—
    - (A) the most recent versions of the evidence and documentation specified in [paragraph (4)](#c-4); and
    - (B) the signed approval of the head of the [State agency](/usc/42/629a.md?p=a-3) for the continued placement of the [child](/usc/42/675.md?p=8-A) in that setting.

## Source credit

(Aug. 14, 1935, ch. 531, title IV, § 475A, as added and amended Pub. L. 113–183, title I, §§ 112(b)(1), 113(d), Sept. 29, 2014, 128 Stat. 1926, 1929; Pub. L. 115–123, div. E, title VII, § 50742, Feb. 9, 2018, 132 Stat. 257.)

## Notes

### Editorial Notes

### Amendments

2018—Subsec. (c). Pub. L. 115–123 added subsec. (c).

2014—Subsec. (b). Pub. L. 113–183, § 113(d), added subsec. (b).

### Statutory Notes and Related Subsidiaries

### Effective Date of 2018 Amendment

Amendment by Pub. L. 115–123 effective Oct. 1, 2019, with State option to delay effective date for not more than 2 years and subject to 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 2014 Amendment

Amendment by section 113(d) of Pub. L. 113–183 effective on the date that is 1 year after Sept. 29, 2014, with delay permitted if State legislation is required, see section 113(f) of Pub. L. 113–183, set out as a note under section 675 of this title.

### Effective Date

Section effective on the date that is 1 year after Sept. 29, 2014, with delay permitted if State legislation is required, see section 112(c) of Pub. L. 113–183, set out as an Effective Date of 2014 Amendment note under section 622 of this title.