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-CITE-

42 USC Sec. 602 02/01/2010

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 7 - SOCIAL SECURITY

SUBCHAPTER IV - GRANTS TO STATES FOR AID AND SERVICES TO NEEDY

FAMILIES WITH CHILDREN AND FOR CHILD-WELFARE

SERVICES

Part A - Block Grants to States for Temporary Assistance for Needy

Families

-HEAD-

Sec. 602. Eligible States; State plan

-STATUTE-

(a) In general

As used in this part, the term "eligible State" means, with

respect to a fiscal year, a State that, during the 27-month period

ending with the close of the 1st quarter of the fiscal year, has

submitted to the Secretary a plan that the Secretary has found

includes the following:

(1) Outline of family assistance program

(A) General provisions

A written document that outlines how the State intends to do

the following:

(i) Conduct a program, designed to serve all political

subdivisions in the State (not necessarily in a uniform

manner), that provides assistance to needy families with (or

expecting) children and provides parents with job

preparation, work, and support services to enable them to

leave the program and become self-sufficient.

(ii) Require a parent or caretaker receiving assistance

under the program to engage in work (as defined by the State)

once the State determines the parent or caretaker is ready to

engage in work, or once the parent or caretaker has received

assistance under the program for 24 months (whether or not

consecutive), whichever is earlier, consistent with section

607(e)(2) of this title.

(iii) Ensure that parents and caretakers receiving

assistance under the program engage in work activities in

accordance with section 607 of this title.

(iv) Take such reasonable steps as the State deems

necessary to restrict the use and disclosure of information

about individuals and families receiving assistance under the

program attributable to funds provided by the Federal

Government.

(v) Establish goals and take action to prevent and reduce

the incidence of out-of-wedlock pregnancies, with special

emphasis on teenage pregnancies, and establish numerical

goals for reducing the illegitimacy ratio of the State (as

defined in section 603(a)(2)(C)(iii) (!1) of this title) for

calendar years 1996 through 2005.

(vi) Conduct a program, designed to reach State and local

law enforcement officials, the education system, and relevant

counseling services, that provides education and training on

the problem of statutory rape so that teenage pregnancy

prevention programs may be expanded in scope to include men.

(B) Special provisions

(i) The document shall indicate whether the State intends to

treat families moving into the State from another State

differently than other families under the program, and if so,

how the State intends to treat such families under the program.

(ii) The document shall indicate whether the State intends to

provide assistance under the program to individuals who are not

citizens of the United States, and if so, shall include an

overview of such assistance.

(iii) The document shall set forth objective criteria for the

delivery of benefits and the determination of eligibility and

for fair and equitable treatment, including an explanation of

how the State will provide opportunities for recipients who

have been adversely affected to be heard in a State

administrative or appeal process.

(iv) Not later than 1 year after August 22, 1996, unless the

chief executive officer of the State opts out of this provision

by notifying the Secretary, a State shall, consistent with the

exception provided in section 607(e)(2) of this title, require

a parent or caretaker receiving assistance under the program

who, after receiving such assistance for 2 months is not exempt

from work requirements and is not engaged in work, as

determined under section 607(c) of this title, to participate

in community service employment, with minimum hours per week

and tasks to be determined by the State.

(2) Certification that the State will operate a child support

enforcement program

A certification by the chief executive officer of the State

that, during the fiscal year, the State will operate a child

support enforcement program under the State plan approved under

part D of this subchapter.

(3) Certification that the State will operate a foster care and

adoption assistance program

A certification by the chief executive officer of the State

that, during the fiscal year, the State will operate a foster

care and adoption assistance program under the State plan

approved under part E of this subchapter, and that the State will

take such actions as are necessary to ensure that children

receiving assistance under such part are eligible for medical

assistance under the State plan under subchapter XIX of this

chapter.

(4) Certification of the administration of the program

A certification by the chief executive officer of the State

specifying which State agency or agencies will administer and

supervise the program referred to in paragraph (1) for the fiscal

year, which shall include assurances that local governments and

private sector organizations -

(A) have been consulted regarding the plan and design of

welfare services in the State so that services are provided in

a manner appropriate to local populations; and

(B) have had at least 45 days to submit comments on the plan

and the design of such services.

(5) Certification that the State will provide Indians with

equitable access to assistance

A certification by the chief executive officer of the State

that, during the fiscal year, the State will provide each member

of an Indian tribe, who is domiciled in the State and is not

eligible for assistance under a tribal family assistance plan

approved under section 612 of this title, with equitable access

to assistance under the State program funded under this part

attributable to funds provided by the Federal Government.

(6) Certification of standards and procedures to ensure against

program fraud and abuse

A certification by the chief executive officer of the State

that the State has established and is enforcing standards and

procedures to ensure against program fraud and abuse, including

standards and procedures concerning nepotism, conflicts of

interest among individuals responsible for the administration and

supervision of the State program, kickbacks, and the use of

political patronage.

(7) Optional certification of standards and procedures to ensure

that the State will screen for and identify domestic violence

(A) In general

At the option of the State, a certification by the chief

executive officer of the State that the State has established

and is enforcing standards and procedures to -

(i) screen and identify individuals receiving assistance

under this part with a history of domestic violence while

maintaining the confidentiality of such individuals;

(ii) refer such individuals to counseling and supportive

services; and

(iii) waive, pursuant to a determination of good cause,

other program requirements such as time limits (for so long

as necessary) for individuals receiving assistance, residency

requirements, child support cooperation requirements, and

family cap provisions, in cases where compliance with such

requirements would make it more difficult for individuals

receiving assistance under this part to escape domestic

violence or unfairly penalize such individuals who are or

have been victimized by such violence, or individuals who are

at risk of further domestic violence.

(B) "Domestic violence" defined

For purposes of this paragraph, the term "domestic violence"

has the same meaning as the term "battered or subjected to

extreme cruelty", as defined in section 608(a)(7)(C)(iii) of

this title.

(b) Plan amendments

Within 30 days after a State amends a plan submitted pursuant to

subsection (a) of this section, the State shall notify the

Secretary of the amendment.

(c) Public availability of State plan summary

The State shall make available to the public a summary of any

plan or plan amendment submitted by the State under this section.

-SOURCE-

(Aug. 14, 1935, ch. 531, title IV, Sec. 402, as added Pub. L. 104-

193, title I, Sec. 103(a)(1), Aug. 22, 1996, 110 Stat. 2113;

amended Pub. L. 105-33, title V, Secs. 5501, 5514(c), Aug. 5, 1997,

111 Stat. 606, 620; Pub. L. 106-169, title IV, Sec. 401(a), Dec.

14, 1999, 113 Stat. 1858.)

-REFTEXT-

REFERENCES IN TEXT

Section 603(a)(2) of this title, referred to in subsec.

(a)(1)(A)(v), was amended generally by Pub. L. 109-171, title VII,

Sec. 7103(a), Feb. 8, 2006, 120 Stat. 138, and, as so amended, no

longer defines "illegitimacy ratio".

Parts D and E of this subchapter, referred to in subsec. (a)(2),

(3), are classified to sections 651 et seq. and 670 et seq.,

respectively, of this title.

-MISC1-

PRIOR PROVISIONS

A prior section 602, acts Aug. 14, 1935, ch. 531, title IV, Sec.

402, 49 Stat. 627; Aug. 10, 1939, ch. 666, title IV, Sec. 401, 53

Stat. 1379; Aug. 28, 1950, ch. 809, title III, pt. 2, Sec. 321, pt.

6, Sec. 361(c), (d), 64 Stat. 549, 558; Aug. 1, 1956, ch. 836,

title III, Sec. 312(b), 70 Stat. 849; July 25, 1962, Pub. L. 87-

543, title I, Secs. 103, 104(a)(2), (3)(A), (B), (5)(A), 106(b),

76 Stat. 185, 188; July 30, 1965, Pub. L. 89-97, title IV, Secs.

403(b), 410, 79 Stat. 418, 423; Jan. 2, 1968, Pub. L. 90-248, title

II, Secs. 201(a), (b), 202(a), (b), 204(b), (e), 205(a), 210(a)(2),

211(a), 213(b), 81 Stat. 877, 879, 881, 890, 892, 895, 896, 898;

Dec. 28, 1971, Pub. L. 92-223, Sec. 3(a)(1)-(7), 85 Stat. 803, 804;

Oct. 30, 1972, Pub. L. 92-603, title II, Sec. 299E(c), title IV,

Sec. 414(a), 86 Stat. 1462, 1492; Jan. 4, 1975, Pub. L. 93-647,

Secs. 3(a)(1), (2), (8), 101(c)(2)-(5), (8), 88 Stat. 2348, 2349,

2359, 2360; Aug. 9, 1975, Pub. L. 94-88, title II, Secs. 202, 207,

208(a), 209, 89 Stat. 434, 436, 437; Dec. 20, 1977, Pub. L. 95-216,

title IV, Sec. 403(c), 91 Stat. 1561; Apr. 1, 1980, Pub. L. 96-222,

title I, Sec. 101(a)(2)(A), 94 Stat. 195; June 9, 1980, Pub. L. 96-

265, title IV, Secs. 401(a)-(f), 403(a), 406(b), 94 Stat. 460-462,

465, 466; June 17, 1980, Pub. L. 96-272, title I, Sec.

101(a)(3)(A), title III, Sec. 302(a), 94 Stat. 512, 528; Oct. 19,

1980, Pub. L. 96-473, Sec. 6(f), 94 Stat. 2266; Aug. 13, 1981, Pub.

L. 97-35, title XXIII, Secs. 2301-2306(a), 2310, 2313(b), (c)(1),

2314, 2315(a), 2316, 2318, 2320(a), (b)(1), 2353(b)(1), (c), 95

Stat. 843-846, 852, 854-857, 872; Sept. 3, 1982, Pub. L. 97-248,

title I, Secs. 151(a), 152(a), 154(a), 96 Stat. 395, 396; Oct. 13,

1982, Pub. L. 97-300, title VI, Sec. 603, formerly title V, Sec.

503, 96 Stat. 1398, renumbered title VI, Sec. 603, Nov. 7, 1988,

Pub. L. 100-628, title VII, Sec. 712(a)(1), (2), 102 Stat. 3248;

Jan. 6, 1983, Pub. L. 97-424, title V, Sec. 545(b), 96 Stat. 2198;

Apr. 20, 1983, Pub. L. 98-21, title IV, Sec. 404(b), 97 Stat. 140;

July 18, 1984, Pub. L. 98-369, div. B, title VI, Secs. 2621-

2624(a), 2625(a), 2626, 2628, 2629, 2631-2634, 2636, 2639(a), (c),

2640(a), (c), 2642(a), (b), 2651(b)(1), (2), 2663(c)(1), (3)(B),

(l)(1), 98 Stat. 1134-1137, 1141, 1142, 1144-1146, 1149, 1165,

1166, 1171; Aug. 16, 1984, Pub. L. 98-378, Sec. 9(a)(2), 98 Stat.

1316; Apr. 7, 1986, Pub. L. 99-272, title XII, Secs. 12303(a),

12304(a), 100 Stat. 292; Oct. 22, 1986, Pub. L. 99-514, Sec. 2,

title XVIII, Sec. 1883(a)(5)(B), (b)(1)(A), (2)(A), (B), (3)(A),

(4), (5), 100 Stat. 2095, 2916, 2917; Nov. 6, 1986, Pub. L. 99-603,

title II, Sec. 201(b)(1), title III, Secs. 302(b)(1), 303(e)(1),

100 Stat. 3403, 3422, 3431; Dec. 22, 1987, Pub. L. 100-203, title

IX, Secs. 9102(b), 9133(b)(1), 101 Stat. 1330-300, 1330-314; Oct.

13, 1988, Pub. L. 100-485, title I, Secs. 102(a), 123(d), title II,

Secs. 201(a), 202(b)(1)-(3), title III, Secs. 301, 302(a), (b)(1),

(c), 303(b)(3), (f)(2)(B), (C), 304(b)(2), title IV, Secs.

401(a)(1), (2)(A), (b)(2), (f), (h), 402(a)-(c), 403(a), 404(a),

title VI, Secs. 604(a), 605(a), 102 Stat. 2346, 2353, 2356, 2377,

2382-2384, 2392, 2393, 2395-2398, 2409; Dec. 19, 1989, Pub. L. 101-

239, title X, Sec. 10403(a)(1)(B)(i), (C)(i), 103 Stat. 2487; Nov.

5, 1990, Pub. L. 101-508, title V, Secs. 5051(a), (b), 5053(a),

5054(a), 5055(a), 5060(a), 5081(a), (c), (d), title XI, Sec.

11115(a), 104 Stat. 1388-227 to 1388-229, 1388-231, 1388-233, 1388-

236, 1388-414; Aug. 10, 1993, Pub. L. 103-66, title XIII, Sec.

13742(a), 107 Stat. 663; Oct. 20, 1994, Pub. L. 103-382, title III,

Sec. 394(k), 108 Stat. 4029; Oct. 31, 1994, Pub. L. 103-432, title

II, Secs. 235(a), 264(c), 108 Stat. 4466, 4468; Aug. 22, 1996, Pub.

L. 104-193, title I, Sec. 103(c)(1), (2)(A), 110 Stat. 2161,

related to State plans for aid and services to needy families with

children prior to repeal by Pub. L. 104-193, Sec. 103(a)(1), as

amended by Pub. L. 105-33, title V, Sec. 5514(c), Aug. 5, 1997, 111

Stat. 620, effective July 1, 1997.

AMENDMENTS

1999 - Subsec. (a)(1)(B)(iv). Pub. L. 106-169 made technical

amendment to reference in original act which appears in text as

reference to August 22, 1996.

1997 - Pub. L. 105-33, Sec. 5514(c), made technical amendment to

directory language of Pub. L. 104-193, Sec. 103(a)(1), which

enacted this section.

Subsec. (a). Pub. L. 105-33, Sec. 5501(a), substituted "27-month

period ending with the close of the 1st quarter of" for "2-year

period immediately preceding" in introductory provisions.

Subsec. (a)(1)(A)(ii). Pub. L. 105-33, Sec. 5501(b), inserted ",

consistent with section 607(e)(2) of this title" before period at

end.

Subsec. (a)(1)(A)(v). Pub. L. 105-33, Sec. 5501(c), substituted

"section 603(a)(2)(C)(iii)" for "section 603(a)(2)(B)".

Subsec. (b). Pub. L. 105-33, Sec. 5501(d)(1), added subsec. (b).

Former subsec. (b) redesignated (c).

Subsec. (c). Pub. L. 105-34, Sec. 5501(d)(2), inserted "or plan

amendment" after "plan".

Pub. L. 105-33, Sec. 5501(d)(1), redesignated subsec. (b) as (c).

EFFECTIVE DATE OF 1999 AMENDMENT

Pub. L. 106-169, title IV, Sec. 401(q), Dec. 14, 1999, 113 Stat.

1859, provided that: "Except as provided in subsection (l)

[amending section 604 of this title and enacting provisions set out

as a note under section 604 of this title], the amendments made by

this section [amending this section and sections 604, 609, 613,

616, 629a, 652, 654, 655, 657, 666, 671, and 1320b-7 of this title]

shall take effect as if included in the enactment of the Personal

Responsibility and Work Opportunity Reconciliation Act of 1996

(Public Law 104-193; 110 Stat. 2105)."

EFFECTIVE DATE OF 1997 AMENDMENT

Amendment by section 5514(c) of Pub. L. 105-33 effective as if

included in the provision of Pub. L. 104-193 amended at the time

the provision became law, see section 5518(d) of Pub. L. 105-33,

set out as a note under section 862a of Title 21, Food and Drugs.

Section 5518(a) of title V of Pub. L. 105-33 provided that: "The

amendments made by this chapter to a provision of part A of title

IV of the Social Security Act [chapter 1 (Secs. 5501-5518) of

subtitle F of title V of Pub. L. 105-33, amending this section and

sections 603, 604, 607, 608, 609, 611, 612, 613, and 616 of this

title] shall take effect as if the amendments had been included in

section 103(a) of the Personal Responsibility and Work Opportunity

Reconciliation Act of 1996 [Pub. L. 104-193] at the time such

section became law."

EFFECTIVE DATE

Section 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,

as amended, set out as a note under section 601 of this title.

DEMONSTRATION OF FAMILY INDEPENDENCE PROGRAM

Section 9121 of Pub. L. 100-203 authorized State of Washington,

upon application of State and approval by Secretary of Health and

Human Services, to conduct demonstration project for purpose of

testing whether operation of its Family Independence Program

enacted in May 1987, as alternative to AFDC program under this

subchapter, would more effectively break the cycle of poverty and

provide families with opportunities for economic independence and

strengthened family functioning, prior to repeal by Pub. L. 104-

193, title I, Sec. 110(b), Aug. 22, 1996, 110 Stat. 2171.

CHILD SUPPORT DEMONSTRATION PROGRAM IN NEW YORK STATE

Section 9122 of Pub. L. 100-203 authorized State of New York,

upon application by State and approval by Secretary of Health and

Human Services, to conduct demonstration program in accordance with

this section for purpose of testing State's Child Support

Supplemental Program as alternative to the program of Aid to

Families with Dependent Children under this subchapter, prior to

repeal by Pub. L. 104-193, title I, Sec. 110(c), Aug. 22, 1996, 110

Stat. 2171.

UTILITY PAYMENTS MADE BY TENANTS IN ASSISTED HOUSING

Pub. L. 98-181, title II, Sec. 221, Nov. 30, 1983, 97 Stat. 1188,

as amended by Pub. L. 98-479, title I, Sec. 102(g)(3), Oct. 17,

1984, 98 Stat. 2222, provided that notwithstanding any other

provision of law, for purposes of determining eligibility, or

amount of benefits payable, under this part, any utility payment

made in lieu of any rental payment by person living in dwelling

unit in lower income housing project assisted under the United

States Housing Act of 1937 (42 U.S.C. 1437 et seq.) or section

1715z-1 of Title 12, Banks and Banking, was to be considered to be

shelter payment, prior to repeal by Pub. L. 104-193, title I, Sec.

110(d), Aug. 22, 1996, 110 Stat. 2171.

EXCLUSION FROM INCOME

Section 159 of Pub. L. 97-248 provided that payments made under

statutorily established State program to meet certain needs of

children receiving aid under State's plan approved under this part

were to be excluded from income of such children and their families

for purposes of section 602(a)(17) of this title and for all other

purposes of this part and of such plan, effective Sept. 3, 1982, if

the payments were made to such children by State agency

administering such plan, but were made without Federal financial

participation under section 603(a) of this title or otherwise, and

if State program had been continuously in effect since before Jan.

1, 1979, prior to repeal by Pub. L. 104-193, title I, Sec. 110(e),

Aug. 22, 1996, 110 Stat. 2171.

STATE PLANS TO DISREGARD EARNED INCOME OF INDIVIDUALS IN

DETERMINATION OF NEED FOR AID; EFFECTIVE DATE

Section 202(d) of Pub. L. 90-248 provided that effective with

respect to quarters beginning after June 30, 1968, in determining

need of individuals claiming aid under State plan approved under

this part, State was to apply provisions of this part

notwithstanding any provisions of law other than this chapter

requiring State to disregard earned income of such individuals in

determining need under such State plan, prior to repeal by Pub. L.

104-193, title I, Sec. 110(f), Aug. 22, 1996, 110 Stat. 2171.

-FOOTNOTE-

(!1) See References in Text note below.

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