Sec. 4. Elimination of AFDC eligibility requirement for foster care maintenance payments
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Section 472(a) of the Social Security Act ( 42 U.S.C. 672(a) ) is amended— in paragraph (1), by striking if and all that follows and inserting if the removal and foster care placement met, and the placement continues to meet, the requirements of paragraph (2). ; and by striking paragraphs
(3)and (4). Section 470 of such Act ( 42 U.S.C. 670 ) is amended by striking who otherwise would have been eligible for assistance under the States plan approved under part A (as such plan was in effect on June 1, 1995) . Section 479B(c)(1)(C)(ii) of such Act ( 42 U.S.C. 679c(c)(1)(C)(ii) ) is amended— by striking the following shall apply: and all that follows through Only and inserting only ; and by striking subclause (II). Section 474(a)(1) of such Act ( 42 U.S.C. 674(a)(1) ) is amended to read as follows: an amount equal to the foster care partnership rate applicable to the State for the quarter, as determined under subsection (k), of the total amount expended during the quarter as foster care maintenance payments under section 472 for children in foster family homes or child-care institutions (or, with respect to such payments made during the quarter under a cooperative agreement or contract entered into by the State and an Indian tribe, tribal organization, or tribal consortium for the administration or payment of funds under this part, an amount equal to the Federal medical assistance percentage (as defined in section 1905(b)) that would apply under section 479B(d) (in this paragraph referred to as the tribal FMAP ) if the Indian tribe, tribal organization, or tribal consortium made such payments under a program operated under that section, unless the tribal FMAP is less than the Federal medical assistance percentage that applies to the State); plus . Section 474 of such Act ( 42 U.S.C. 674 ), as amended by sections 2 and 3 of this Act, is amended by adding at the end the following: The Secretary, in consultation with a State, shall determine the foster care partnership rate applicable to the State for a quarter so that the total of the amounts payable to the State under subsection (a)(1) for the fiscal year in which the quarter occurs equals the total of the amounts required to be paid to the State under subsection (a)(1) (as in effect just before the 1st quarter for which this subsection is in effect with respect to the State) for the 4 quarters preceding such 1st quarter. . Except as provided in paragraph (2), the amendments made by this section shall take effect on the 1st day of the 1st calendar quarter that begins after the date of the enactment of this Act. A State may elect to delay the effectiveness of the amendments made by this section with respect to the State for not more than 3 years.
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Sec. 4
Elimination of AFDC eligibility requirement for foster care maintenance payments
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