120 STAT. 152
PUBLIC LAW 109–171—FEB. 8, 2006 ‘‘(B) the child, while in the home, would have met the AFDC eligibility requirement of paragraph (3). ‘‘(2) REMOVAL AND FOSTER CARE PLACEMENT REQUIREMENTS.—The removal and foster care placement of a child meet the requirements of this paragraph if— ‘‘(A) the removal and foster care placement are in accordance with— ‘‘(i) a voluntary placement agreement entered into by a parent or legal guardian of the child who is the relative referred to in paragraph (1); or ‘‘(ii) a judicial determination to the effect that continuation in the home from which removed would be contrary to the welfare of the child and that reasonable efforts of the type described in section 471(a)(15) for a child have been made; ‘‘(B) the child’s placement and care are the responsibility of— ‘‘(i) the State agency administering the State plan approved under section 471; or ‘‘(ii) any other public agency with which the State agency administering or supervising the administration of the State plan has made an agreement which is in effect; and ‘‘(C) the child has been placed in a foster family home or child-care institution. ‘‘(3) AFDC ELIGIBILITY REQUIREMENT.— ‘‘(A) IN GENERAL.—A child in the home referred to in paragraph (1) would have met the AFDC eligibility requirement of this paragraph if the child— ‘‘(i) would have received aid under the State plan approved under section 402 (as in effect on July 16, 1996) in the home, in or for the month in which the agreement was entered into or court proceedings leading to the determination referred to in paragraph (2)(A)(ii) of this subsection were initiated; or ‘‘(ii)(I) would have received the aid in the home, in or for the month referred to in clause (i), if application had been made therefor; or ‘‘(II) had been living in the home within 6 months before the month in which the agreement was entered into or the proceedings were initiated, and would have received the aid in or for such month, if, in such month, the child had been living in the home with the relative referred to in paragraph (1) and application for the aid had been made. ‘‘(B) RESOURCES DETERMINATION.—For purposes of subparagraph (A), in determining whether a child would have received aid under a State plan approved under section 402 (as in effect on July 16, 1996), a child whose resources (determined pursuant to section 402(a)(7)(B), as so in effect) have a combined value of not more than $10,000 shall be considered a child whose resources have a combined value of not more than $1,000 (or such lower amount as the State may determine for purposes of section 402(a)(7)(B)). ‘‘(4) ELIGIBILITY OF CERTAIN ALIEN CHILDREN.—Subject to title IV of the Personal Responsibility and Work Opportunity
VerDate 14-DEC-2004
10:20 Jul 12, 2007
Jkt 059194
PO 00001
Frm 00150
Fmt 6580
Sfmt 6581
E:\PUBLAW\PUBL001.109
APPS06
PsN: PUBL001
�
