Sec. 152. REQUIREMENT TO COMPLETE BACKGROUND CHECKS BEFORE APPROVAL OF ANY FOSTER OR ADOPTIVE PLACEMENT AND TO CHECK NATIONAL CRIME INFORMATION DATABASES AND STATE CHILD ABUSE REGISTRIES; SUSPENSION AND SUBSEQUENT ELIMINATION OF OPT-OUT
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## SEC. 152 REQUIREMENT TO COMPLETE BACKGROUND CHECKS BEFORE APPROVAL OF ANY FOSTER OR ADOPTIVE PLACEMENT AND TO CHECK NATIONAL CRIME INFORMATION DATABASES AND STATE CHILD ABUSE REGISTRIES; SUSPENSION AND SUBSEQUENT ELIMINATION OF OPT-OUT ###
(a)Requirement To Complete Background Checks Before Approval of Any Foster or Adoptive Placement and To Check National Crime Information Databases and State Child Abuse Registries; Suspension of Opt-Out ####
(1)Requirement to check national crime information databases and state child abuse registries Section 471(a)(20) of the Social Security Act (42 U.S.C. 671(a)(20)) is amended— #####
(A)in subparagraph (A)— ######
(i)in the matter preceding clause (I)— ######
(I)by inserting “, including fingerprint-based checks of national crime information databases (as defined in section 534(e)(3)(A) of title 28, United States Code),” after “criminal records checks”; and ######
(II)by striking “on whose behalf foster care maintenance payments or adoption assistance payments are to be made” and inserting “regardless of whether foster care maintenance payments or adoption assistance payments are to be made on behalf of the child”; and ######
(ii)in each of clauses
(i)and (ii), by inserting “involving a child on whose behalf such payments are to be so made” after “in any case”; and #####
(B)by adding at the end the following: > > ##### “(C) > > provides that the State shall— > > > ###### “(i) > > check any child abuse and neglect registry maintained by the State for information on any prospective foster or adoptive parent and on any other adult living in the home of such a prospective parent, and request any other State in which any such prospective parent or other adult has resided in the preceding 5 years, to enable the State to check any child abuse and neglect registry maintained by such other State for such information, before the prospective foster or adoptive parent may be finally approved for placement of a child, regardless of whether foster care maintenance payments or adoption assistance payments are to be made on behalf of the child under the State plan under this part; > > > ###### “(ii) > > comply with any request described in clause
(i)that is received from another State; and > > > ###### “(iii) > > have in place safeguards to prevent the unauthorized disclosure of information in any child abuse and neglect registry maintained by the State, and to prevent any such information obtained pursuant to this subparagraph from being used for a purpose other than the conducting of background checks in foster or adoptive placement cases;” > . ####
(2)Suspension of opt-out Section 471(a)(20)(B) of such Act (42 U.S.C. 671(a)(20)(B)) is amended— #####
(A)by inserting “, on or before September 30, 2005,” after “plan if”; and #####
(B)by inserting “, on or before such date,” after “or if”. ###
(b)Elimination of opt-out Section 471(a)(20) of such Act (42 U.S.C. 671(a)(20)), as amended by subsection
(a)of this section, is amended— ####
(1)in subparagraph (A), in the matter preceding clause (i), by striking “unless an election provided for in subparagraph
(B)is made with respect to the State,”; and ####
(2)by striking subparagraph
(B)and redesignating subparagraph
(C)as subparagraph (B). ###
(c)Effective Date **[**[42 U.S.C. 671 note](/us/usc/t42/s671)**]** ####
(1)General The amendments made by subsection
(a)shall take effect on October 1, 2006, and shall apply with respect to payments under part E of title IV of the Social Security Act for calendar quarters beginning on or after such date, without regard to whether regulations to implement the amendments are promulgated by such date. ####
(2)Elimination of Opt-Out The amendments made by subsection
(b)shall take effect on October 1, 2008, and shall apply with respect to payments under part E of title IV of the Social Security Act for calendar quarters beginning on or after such date, without regard to whether regulations to implement the amendments are promulgated by such date. ####
(3)Delay permitted if state legislation required If the Secretary of Health and Human Services determines that State legislation (other than legislation appropriating funds) is required in order for a State plan under section 471 of the Social Security Act to meet the additional requirements imposed by the amendments made by a subsection of this section, the plan shall not be regarded as failing to meet any of the additional requirements before the first day of the first calendar quarter beginning after the first regular session of the State legislature that begins after the otherwise applicable effective date of the amendments. If the State has a 2-year legislative session, each year of the session is deemed to be a separate regular session of the State legislature.
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Sec. 152
REQUIREMENT TO COMPLETE BACKGROUND CHECKS BEFORE APPROVAL OF ANY FOSTER OR ADOPTIVE PLACEMENT AND TO CHECK NATIONAL CRIME INFORMATION DATABASES AND STATE CHILD ABUSE REGISTRIES; SUSPENSION AND SUBSEQUENT ELIMINATION OF OPT-OUT
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