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. 609 - Exclusion from AFDC unit of child for whom Federal, State, or local foster care maintenance or adoption assistance payments are made

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Metadata
Publication TitleUnited States Code, 1994 Edition, Supplement 1, Title 42 - THE PUBLIC HEALTH AND WELFARE
CategoryBills and Statutes
CollectionUnited States Code
SuDoc Class NumberY 1.2/5:
Contained WithinTitle 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. 609 - Exclusion from AFDC unit of child for whom Federal, State, or local foster care maintenance or adoption assistance payments are made
Containssection 609
Date1995
Laws in Effect as of DateJanuary 16, 1996
Positive LawNo
Dispositionstandard
Source CreditAug. 14, 1935, ch. 531, title IV, §409, as added Nov. 5, 1990, Pub. L. 101-508, title V, §5052(a), 104 Stat. 1388-228.
Statutes at Large References76 Stat. 180
95 Stat. 846
96 Stat. 397
98 Stat. 1136
102 Stat. 2378
104 Stat. 1388-228
Public Law ReferencesPublic Law 87-543, Public Law 97-35, Public Law 97-248, Public Law 98-369, Public Law 100-485, Public Law 101-508


§609. Exclusion from AFDC unit of child for whom Federal, State, or local foster care maintenance or adoption assistance payments are made

(a) Notwithstanding any other provision of this subchapter (other than subsection (b) of this section)—

(1) a child with respect to whom foster care maintenance payments or adoption assistance payments are made under part E of this subchapter or under State or local law shall not, for the period for which such payments are made, be regarded as a member of a family for purposes of determining the amount of benefits of the family under this part; and

(2) the income and resources of such child shall be excluded from the income and resources of a family under this part.


(b) Subsection (a) of this section shall not apply in the case of a child with respect to whom adoption assistance payments are made under part E of this subchapter or under State or local law, if application of such subsection would reduce the benefits under this part of the family of which the child would otherwise be regarded as a member.

(Aug. 14, 1935, ch. 531, title IV, §409, as added Nov. 5, 1990, Pub. L. 101–508, title V, §5052(a), 104 Stat. 1388–228.)

References in Text

Part E of this subchapter, referred to in text, is classified to section 670 et seq. of this title.

Prior Provisions

A prior section 609, act Aug. 14, 1935, ch. 531, title IV, §409, as added and amended July 25, 1962, Pub. L. 87–543, title I, §§101(b)(2)(E), 105(a), 76 Stat. 180, 186; Aug. 13, 1981, Pub. L. 97–35, title XXIII, §2307(a), 95 Stat. 846; Sept. 3, 1982, Pub. L. 97–248, title I, §154(c), 96 Stat. 397; July 18, 1984, Pub. L. 98–369, div. B, title VI, §§2627, 2641(a), 2663(c)(5), 98 Stat. 1136, 1146, 1166, related to community work experience programs, prior to repeal by Pub. L. 100–485, title II, §§202(b)(12), 204(a), (b)(1)(A), Oct. 13, 1988, 102 Stat. 2378, 2381, effective Oct. 1, 1990, with provision for earlier effective dates in case of States making certain changes in their State plans and formally notifying the Secretary of Health and Human Services of their desire to become subject to the amendments by title II of Pub. L. 100–485 at such earlier effective dates.

Effective Date

Section 5052(c) of Pub. L. 101–508 provided that: “The amendment made by subsection (a) [enacting this section] and the repeal made by subsection (b) [repealing section 678 of this title] shall apply with respect to benefits for months beginning on or after the first day of the 6th calendar month following the month in which this Act is enacted [November 1990].”

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