1995 US Code
Title 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 6 - THE CHILDREN'S BUREAU
SUBCHAPTER IV_2 - SUBCHAPTER IV-GRANTS TO STATES FOR AID AND SERVICES TO NEEDY FAMILIES WITH CHILDREN AND FOR CHILD-WELFARE SERVICES
Part A - Aid to Families With Dependent Children
Sec. 606 - Definitions

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§606. Definitions

When used in this part—

(a) The term “dependent child” means a needy child (1) who has been deprived of parental support or care by reason of the death, continued absence from the home (other than absence occasioned solely by reason of the performance of active duty in the uniformed services of the United States), or physical or mental incapacity of a parent, and who is living with his father, mother, grandfather, grandmother, brother, sister, stepfather, stepmother, stepbrother, stepsister, uncle, aunt, first cousin, nephew, or niece, in a place of residence maintained by one or more of such relatives as his or their own home, and (2) who is (A) under the age of eighteen, or (B) at the option of the State, under the age of nineteen and a full-time student in a secondary school (or in the equivalent level of vocational or technical training), if, before he attains age nineteen, he may reasonably be expected to complete the program of such secondary school (or such training);

(b) The term “aid to families with dependent children” means money payments with respect to a dependent child or dependent children, or, at the option of the State, a pregnant woman but only if it has been medically verified that the child is expected to be born in the month such payments are made or within the three-month period following such month of payment, and who, if such child had been born and was living with her in the month of payment, would be eligible for aid to families with dependent children, and includes (1) money payments to meet the needs of the relative with whom any dependent child is living (and the spouse of such relative if living with him and if such relative is the child's parent and the child is a dependent child by reason of the physical or mental incapacity of a parent or is a dependent child under section 607 of this title), and (2) payments with respect to any dependent child (including payments to meet the needs of the relative, and the relative's spouse, with whom such child is living, and the needs of any other individual living in the same home if such needs are taken into account in making the determination under section 602(a)(7) of this title) which do not meet the preceding requirements of this subsection, but which would meet such requirements except that such payments are made to another individual who (as determined in accordance with standards prescribed by the Secretary) is interested in or concerned with the welfare of such child or relative, or are made on behalf of such child or relative directly to a person furnishing food, living accommodations, or other goods, services, or items to or for such child, relative, or other individual, but only with respect to a State whose State plan approved under section 602 of this title includes provision for—

(A) determination by the State agency that the relative of the child with respect to whom such payments are made has such inability to manage funds that making payments to him would be contrary to the welfare of the child and, therefore, it is necessary to provide such aid with respect to such child and relative through payments described in this clause (2);

(B) undertaking and continuing special efforts to develop greater ability on the part of the relative to manage funds in such manner as to protect the welfare of the family;

(C) periodic review by such State agency of the determination under clause (A) to ascertain whether conditions justifying such determination still exist, with provision for termination of such payments if they do not and for seeking judicial appointment of a guardian or other legal representative, as described in section 1311 of this title, if and when it appears that the need for such payments is continuing, or is likely to continue, beyond a period specified by the Secretary; and

(D) opportunity for a fair hearing before the State agency on the determination referred to in clause (A) for any individual with respect to whom it is made.

Payments with respect to a dependent child which are intended to enable the recipient to pay for specific goods, services, or items recognized by the State agency as a part of the child's need under the State plan may (in the discretion of the State or local agency administering the plan in the political subdivision) be made, pursuant to a determination referred to in clause (2)(A), in the form of checks drawn jointly to the order of the recipient and the person furnishing such goods, services, or items and negotiable only upon endorsement by both such recipient and such person; and payments so made shall be considered for all of the purposes of this part to be payments described in clause (2). Whenever payments with respect to a dependent child are made in the manner described in clause (2) (including payments described in the preceding sentence), a statement of the specific reasons for making such payments in that manner (on which the determination under clause (2)(A) was based) shall be placed in the file maintained with respect to such child by the State or local agency administering the State plan in the political subdivision. Payments of the type described in clause (2) shall not be subject to the requirements of clauses (A) through (D) of such clause (2), when they are made in the manner described in clause (2) at the request of the family member to whom payment would otherwise be made in an unrestricted manner.

(c) The term “relative with whom any dependent child is living” means the individual who is one of the relatives specified in subsection (a) of this section and with whom such child is living (within the meaning of such subsection) in a place of residence maintained by such individual (himself or together with any one or more of the other relatives so specified) as his (or their) own home.

(d) Repealed. Pub. L. 93–647, §3(a)(5), Jan. 4, 1975, 88 Stat. 2348.

(e)(1) The term “emergency assistance to needy families with children” means any of the following, furnished for a period not in excess of 30 days in any 12-month period, in the case of a needy child under the age of 21 who is (or, within such period as may be specified by the Secretary, has been) living with any of the relatives specified in subsection (a)(1) of this section in a place of residence maintained by one or more of such relatives as his or their own home, but only where such child is without available resources, the payments, care, or services involved are necessary to avoid destitution of such child or to provide living arrangements in a home for such child, and such destitution or need for living arrangements did not arise because such child or relative refused without good cause to accept employment or training for employment—

(A) money payments, payments in kind, or such other payments as the State agency may specify with respect to, or medical care or any other type of remedial care recognized under State law (for which such individual is not entitled to medical assistance under the State plan under subchapter XIX of this chapter) on behalf of, such child or any other member of the household in which he is living, and

(B) such services as may be specified by the Secretary;

but only with respect to a State whose State plan approved under section 602 of this title includes provision for such assistance.

(2) Emergency assistance as authorized under paragraph (1) may be provided under the conditions specified in such paragraph to migrant workers with families in the State or in such part or parts thereof as the State shall designate.

(f) Notwithstanding the provisions of subsection (b) of this section, the term “aid to families with dependent children” does not mean payments with respect to a parent (or other individual whose needs such State determines should be considered in determining the need of the child or relative claiming aid under the plan of such State approved under this part) of a child who fails to cooperate with any agency or official of the State in obtaining such support payments for such child. Nothing in this subsection shall be construed to make an otherwise eligible child ineligible for protective payments because of the failure of such parent (or such other individual) to so cooperate.

(g) Notwithstanding the provisions of subsection (b) of this section, the term “aid to families with dependent children” does not mean any—

(1) amount paid to meet the needs of an unborn child; or

(2) amount paid (or by which a payment is increased) to meet the needs of a woman occasioned by or resulting from her pregnancy, unless, as has been medically verified, the woman's child is expected to be born in the month such payments are made (or increased) or within the three-month period following such month of payment.

(h) Each dependent child, and each relative with whom such a child is living (including the spouse of such relative as described in subsection (b) of this section), who becomes ineligible for aid to families with dependent children as a result (wholly or partly) of the collection or increased collection of child or spousal support under part D of this subchapter, and who has received such aid in at least three of the six months immediately preceding the month in which such ineligibility begins, shall be deemed to be a recipient of aid to families with dependent children for purposes of subchapter XIX of this chapter for an additional four calendar months beginning with the month in which such ineligibility begins.

(Aug. 14, 1935, ch. 531, title IV, §406, 49 Stat. 629; Aug. 10, 1939, ch. 666, title IV, §403, 53 Stat. 1380; Aug. 28, 1950, ch. 809, title III, pt. 2, §323(a), 64 Stat. 551; Aug. 1, 1956, ch. 836, title III, §§321, 322, 351(b), 70 Stat. 850, 855; July 25, 1962, Pub. L. 87–543, title I, §§104(a)(3)(D), 108(a), 109, 152, 156(b), 76 Stat. 185, 189, 190, 206, 207; Oct. 13, 1964, Pub. L. 88–641, §2(a), 78 Stat. 1042; July 30, 1965, Pub. L. 89–97, title IV, §409, 79 Stat. 422; Jan. 2, 1968, Pub. L. 90–248, title II, §§201(f), 206(b), 207(a), 241(b)(5), 81 Stat. 880, 893, 916; Jan. 4, 1975, Pub. L. 93–647, §§3(a)(5), 101(c)(7), 88 Stat. 2348, 2360; Nov. 12, 1977, Pub. L. 95–171, §3(a)(2), 91 Stat. 1354; Dec. 28, 1980, Pub. L. 96–611, §4, 94 Stat. 3567; Aug. 13, 1981, Pub. L. 97–35, title XXI, §2184(b)(2), title XXIII, §§2311, 2312, 2317(b), 2353(b)(1), 95 Stat. 817, 852, 853, 856, 872; Sept. 3, 1982, Pub. L. 97–248, title I, §153(a), 96 Stat. 396; July 18, 1984, Pub. L. 98–369, div. B, title III, §2361(c), title VI, §2663(c)(3)(A), (B)(i), 98 Stat. 1104, 1166; Aug. 16, 1984, Pub. L. 98–378, §20(a), 98 Stat. 1322.)

References in Text

Part D of this subchapter, referred to in subsec. (h), is classified to section 651 et seq. of this title.

Amendments

1984—Subsec. (b). Pub. L. 98–369, §2663(c)(3)(B)(i), substituted “clauses (A) through (D)” for “clauses (A) through (E)” in last sentence.

Subsec. (b)(2)(D), (E). Pub. L. 98–369, §2663(c)(3)(A), struck out subpar. (D) which read as follows: “aid in the form of foster home care in behalf of children described in section 608(a) of this title; and”, and redesignated subpar. (E) as (D).

Subsec. (g). Pub. L. 98–369, §2361(c), struck out par. (1) designation, substituted “(1)” and “(2)” for “(A)” and “(B)”, respectively, and struck out par. (2) which related to pregnant women.

Subsec. (h). Pub. L. 98–378 added subsec. (h).

1982—Subsec. (a)(1). Pub. L. 97–248 inserted reference to absence occasioned solely by reason of performance of active duty in uniformed services of United States.

1981—Subsec. (a)(2). Pub. L. 97–35, §2311, substituted “at the option of the State, under the age of nineteen and a full-time student in a secondary school (or in the equivalent level of vocational or technical training), if, before he attains age nineteen, he may reasonably be expected to complete the program of such secondary school (or such training)” for “under the age of twenty-one and (as determined by the State in accordance with standards prescribed by the Secretary) a student regularly attending a school, college, or university, or regularly attending a course of vocational or technical training designed to fit him for gainful employment”.

Subsec. (b). Pub. L. 97–35, §§2184(b)(2)(A), 2312(a), 2317(b), in provision preceding subpar. (A) substituted “a dependent child or dependent children, or, at the option of the State, a pregnant woman but only if it has been medically verified that the child is expected to be born in the month such payments are made or within the three-month period following such month of payment, and who, if such child had been born and was living with her in the month of payment, would be eligible for aid to families with dependent children” for “, or (if provided in or after the third month before the month in which the recipient makes application for aid) medical care in behalf of or any type of remedial care recognized under State law in behalf of, a dependent child or dependent children”, struck out “or medical care or any type of remedial care recognized under State law” in par. (1) following “money payments”, and in provision following subpar. (E) inserted provision that payments of the type described in cl. (2) not be subject to the requirements of cls. (A) through (E) of cl. (2), when made in the manner described in cl. (2) at the request of the family member to whom payment would otherwise be made in an unrestricted manner”.

Subsec. (d). Pub. L. 97–35, §2353(b)(1), struck out subsec. (d) as in effect in Puerto Rico, Guam, and the Virgin Islands, which defined “family services” to mean services to a family or any member thereof for the purpose of preserving, rehabilitating, reuniting, or strengthening the family, and such other services as will assist members of a family to attain or retain capability for the maximum self-support and personal independence.

Subsec. (e)(1)(A). Pub. L. 97–35, §2184(b)(2)(B), inserted “(for which such individual is not entitled to medical assistance under the State plan under subchapter XIX of this chapter)”.

Subsec. (g). Pub. L. 97–35, §2312(b), added subsec. (g).

1980—Subsec. (a). Pub. L. 96–611 inserted “at the option of the State,” before “under the age of twenty-one” at beginning of cl. (2)(B), and added cl. (2)(C).

1977—Subsec. (b). Pub. L. 95–171 substituted a period for semicolon at end of cl. (2)(E) and inserted provisions after such cl. (2)(E) authorizing payments in form of checks drawn jointly to order of recipient and the person furnishing goods, services, or items to needy child and negotiable only upon endorsement by both and requiring placement of statement of specific reasons for payments in file of child maintained by State or local agency administering State plan.

1975—Subsec. (d). Pub. L. 93–647, §3(a)(5), repealed subsec. (d) which defined “family services”.

Subsec. (f). Pub. L. 93–647, §101(c)(7), added subsec. (f).

1968—Pub. L. 90–248, §241(b)(5), substituted in text preceding subsec. (a) “part” for “subchapter”.

Subsec. (b)(2). Pub. L. 90–248, §207(a)(1), inserted “, and the needs of any other individual living in the same home if such needs are taken into account in making the determination under section 602(a)(7) of this title” and “or are made on behalf of such child or relative directly to a person furnishing food, living accommodations, or other goods, services, or items to or for such child, relative, or other individual”.

Subsec. (b)(2)(B) to (F). Pub. L. 90–248, §207(a)(2), struck out cl. (B) requiring that State plan include provision for making payments only when such payments will meet all the need of the individuals with respect to whom the payments are made, and redesignated cls. (C) to (F) as (B) to (E), respectively.

Subsec. (d). Pub. L. 90–248, §201(f), added subsec. (d).

Subsec. (e). Pub. L. 90–248, §206(b), added subsec. (e).

1965—Subsec. (a). Pub. L. 89–97 substituted “(as determined by the State in accordance with standards prescribed by the Secretary) a student regularly attending a school, college, or university,” for “(as determined in accordance with standards prescribed by the Secretary) a student regularly attending a high school in pursuance of a course of study leading to a high school diploma or its equivalent,” in cl. (2)(B).

1964—Subsec. (a). Pub. L. 88–641 included within definition of “dependent child” one who is under the age of 21 and a student regularly attending a high school in pursuance of a course of study leading to a high school diploma or its equivalent, or regularly attending a course of vocational or technical training designed to fit him for gainful employment.

1962—Subsec. (b). Pub. L. 87–543, §§104(a)(3)(D), 156(b), substituted “aid to families with dependent children” for “aid to dependent children” and inserted “(if provided in or after the third month before the month in which the recipient makes application for aid)” before “medical care”.

Pub. L. 87–543, §§108(a), 109, 152, designated existing provisions as par. (1), inserted “(and the spouse of such relative if living with him and if such relative is the child's parent and the child is a dependent child by reason of the physical or mental incapacity of a parent or is a dependent child under section 607 of this title)” after “relative with whom any dependent child is living”, struck out “for any month” and “if money payments have been made under the State plan with respect to such child for such month” before and after “to meet the needs of the relative with whom any dependent child is living”, and added par. (2).

1956—Subsec. (a). Act Aug. 1, 1956, §§321, 322, included first cousins, nephews, and nieces, as persons with whom a needy child may be living, and struck out requirement of school attendance for children between the ages of 16 and 18.

Subsec. (b). Act Aug. 1, 1956, §351(b), struck out “(except when used in clause (2) of section 603(a) of this title)” before “includes money payments or medical care”.

1950—Subsec. (b). Act Aug. 28, 1950, redefined “aid to dependent children”.

Subsec. (c). Act Aug. 28, 1950, added subsec. (c).

1939—Subsec. (a). Act Aug. 10, 1939, redefined “dependent child”.

Effective Date of 1984 Amendments

Section 20(b) of Pub. L. 98–378, as amended by Pub. L. 100–485, title III, §303(e), Oct. 13, 1988, 102 Stat. 2393; Pub. L. 101–239, title VIII, §8003(a), Dec. 19, 1989, 103 Stat. 2453, provided that: “The amendment made by subsection (a) [amending this section] shall apply only with respect to individuals becoming ineligible for aid to families with dependent children (as described in section 406(h) of the Social Security Act [subsec. (h) of this section] as added by such subsection) on or after the date of the enactment of this Act [Aug. 16, 1984].”

[Section 8003(b) of Pub. L. 101–239 provided that the amendment of section 20(b) of Pub. L. 98–378, set out above, by section 8003(a) of Pub. L. 101–239 is effective Oct. 1, 1989.]

[Section 303(f)(4) of Pub. L. 100–485 provided that the amendment of section 20(b) of Pub. L. 98–378, set out above, by section 303(e) of Pub. L. 100–485 is effective Oct. 1, 1988.]

Amendment by section 2361(c) of Pub. L. 98–369 applicable to calendar quarters beginning on or after Oct. 1, 1984, without regard to whether or not final regulations to carry out the amendment have been promulgated by such date, except as otherwise provided, see section 2361(d) of Pub. L. 98–369, set out as a note under section 1396a of this title.

Amendment by section 2663(c)(3)(A), (B)(i) of Pub. L. 98–369 effective July 18, 1984, but not to be construed as changing or affecting any right, liability, status, or interpretation which existed (under the provisions of law involved) before that date, see section 2664(b) of Pub. L. 98–369, set out as a note under section 401 of this title.

Effective Date of 1982 Amendment

Section 153(b) of Pub. L. 97–248 provided that: “The amendment made by this section [amending this section] shall become effective on October 1, 1982.”

Effective Date of 1981 Amendment

Amendment by sections 2311, 2312, and 2317(b) of Pub. L. 97–35 effective Oct. 1, 1981, except as otherwise specifically provided, see section 2321 of Pub. L. 97–35, set out as a note under section 602 of this title.

Amendment by section 2353(b)(1) of Pub. L. 97–35 effective Oct. 1, 1981, except as otherwise explicitly provided, see section 2354 of Pub. L. 97–35, set out as an Effective Date note under section 1397 of this title.

Effective Date of 1977 Amendment

Amendment by Pub. L. 95–171 applicable with respect to payments of aid to families with dependent children made for months beginning on or after Oct. 1, 1977, see section 3(a)(3) of Pub. L. 95–171, set out as a note under section 603 of this title.

Effective Date of 1975 Amendment

Amendment by section 3(a)(5) of Pub. L. 93–647 effective with the respect to payments under sections 603 and 803 of this title for quarters commencing after Sept. 30, 1975, but not effective with respect to the Commonwealth of Puerto Rico, the Virgin Islands, or Guam, see section 7(b) of Pub. L. 93–647, set out as a note under section 303 of this title.

Amendment by section 101(c)(7) of Pub. L. 93–647 effective Aug. 1, 1975, see section 101(f) of Pub. L. 93–647, set out as an Effective Date note under section 651 of this title.

Effective Date of 1968 Amendment; Different State Agencies for Administration of Services

Enactment by section 201(f) of Pub. L. 90–248 effective July 1, 1968 (or earlier if the State plan so provides) and provision for nonapplication of section 602(a)(15)(F) of this title when there are different State agencies for administration of services, see section 201(g)(1) of Pub. L. 90–248, set out as an Effective Date of 1968 Amendment note under section 602 of this title.

Effective Date of 1962 Amendment

Amendment by section 108(a) of Pub. L. 87–543 applicable in the case of expenditures under a State plan approved under this subchapter, made during the period beginning Oct. 1, 1962, and ending with the close of June 30, 1967, see section 202(e) of Pub. L. 87–543, set out as a note under section 603 of this title.

Amendment by section 109 of Pub. L. 87–543 applicable in the case of expenditures, under a State plan approved under subchapter I, IV, X, or XIV of this chapter, as the case may be, made after Sept. 30, 1962, see section 202(d) of Pub. L. 87–543, set out as a note under section 303 of this title.

Amendment by section 156(b) of Pub. L. 87–543 applicable in the case of applications made after Sept. 30, 1962, under a State plan approved under subchapter I, IV, X, or XIV of this chapter, see section 156(e) of Pub. L. 87–543, set out as a note under section 306 of this title.

Section 202(c) of Pub. L. 87–543 provided that: “The amendments made by sections 102(b)(2) and (d), and 152 [enacting section 728 of this title and amending this section and sections 721 and 723 of this title] shall be applicable in the case of expenditures, under a State plan approved under title I, IV, X, or XIV of the Social Security Act [subchapter I, IV, X, or XIV of this chapter] or developed as provided in part 3 of title V of such Act [sections 721 to 728 of this title], as the case may be, made after June 30, 1962.”

Effective Date of 1956 Amendment

Section 323 of act Aug. 1, 1956, provided that: “The amendments made by this part [part III (§§321, 322 of title III of act Aug. 1, 1956, amending this section] shall become effective July 1, 1957.”

Amendment by section 351(b) of act Aug. 1, 1956, effective with respect to the fiscal year ending June 30, 1957, and all succeeding fiscal years, see section 351(d) of act Aug. 1, 1956, set out as a note under section 603 of this title.

Effective Date of 1950 Amendment

Section 323(b) of act Aug. 28, 1950, provided that the amendment made by such section 323(b) is effective Oct. 1, 1950.

Emergency Assistance and AFDC Special Needs

Pub. L. 101–239, title VIII, §8005, Dec. 19, 1989, 103 Stat. 2461, as amended by Pub. L. 101–508, title V, §5058, Nov. 5, 1990, 104 Stat. 1388–230, provided that:

“(a) Implementation of Proposed Regulations Prohibited.—Except as provided in subsection (b), the Secretary of Health and Human Services (in this section referred to as the ‘Secretary’) shall not—

“(1) implement in whole or in part the proposed regulation published in the Federal Register on December 14, 1987, (52 F.R. 47420) with respect to emergency assistance and the need for and amount of assistance under the program of aid to families with dependent children; or

“(2) before October 1, 1991, change any policy in effect immediately before the date of the enactment of this Act [Dec. 19, 1989] with respect to any of the matters addressed in the proposed regulation.

“(b) Revised Proposed Regulation.—Notwithstanding subsection (a), the Secretary may issue a revised proposed regulation concerning the use of emergency assistance under the program of aid to families with dependent children under title IV of the Social Security Act [this subchapter] that incorporates the recommendations included in the report entitled ‘Use of the Emergency Assistance and AFDC Programs to Provide Shelter to Families’ that the Secretary submitted to the Congress on July 3, 1989.

“(c) Establishment of Effective Dates for Proposed Rules.—Any final regulation which would change any policy in effect immediately before the date of the enactment of this Act [Dec. 19, 1989] with respect to the use of emergency assistance or special needs funds under the program of aid to families with dependent children under part A of title IV of the Social Security Act [this part] shall not take effect before October 1, 1991.

“(d) Reporting Requirements.—With respect to any calendar quarter beginning on or after January 1, 1990, a financial report by a State submitted to the Secretary to fulfill reporting requirements under the program of aid to families with dependent children under part A of title IV of the Social Security Act [this part] shall identify any emergency assistance and special needs funds expended by the State under the program and used to pay for housing in hotels or similar temporary living arrangements (as defined by the Secretary) that house recipients of such aid.”

Federal Financial Participation in State Aid Plans

Section 3(b) of Pub. L. 95–171 provided that: “Notwithstanding any other provision of law, Federal financial participation in aid to families with dependent children under a State plan approved under section 402 of the Social Security Act [section 602 of this title], for quarters (with respect to which expenditure reports were timely filed by the State) during the period beginning with the calendar quarter in which Public Law 90–248 was enacted [Jan. 2, 1968] and ending with the first calendar quarter of 1977, shall not be denied, on or after October 1, 1977, by reason of the provision of goods, services, or items in the form of a check which is drawn jointly to the order of the recipient and the person furnishing such goods, services, or items and which shows the purpose for which the check is drawn, or by reason of the failure of the State to meet the requirement of the last two sentences of section 403(a) of such Act [section 603(a) of this title] or the failure of the State (or any political subdivision thereof) to carry out the functions and duties prescribed in clauses (A), (B), (C), and (E) of section 406(b)(2) of such Act [subsec. (b)(2) of this section], regardless of the form in which the aid involved was paid, if (and to the extent that) the amount of such aid was correct and the payment of the aid in that form did not result in assistance in cases or in amounts not authorized by or under part A of title IV of such Act [this part].”

State Plans in Effect July 25, 1962: Automatic Conformity to Amendments

State plans in effect July 25, 1962, deemed to have been conformed to amendment of subsec. (b) of this section by section 104(a) of Pub. L. 87–543, see section 104(b) of Pub. L. 87–543, set out as a note under section 601 of this title.

Section Referred to in Other Sections

This section is referred to in sections 602, 603, 605, 607, 610, 672, 673, 682, 1396a, 1396d, 1396v of this title.