42 U.S.C. § 609
Section 609 · Penalties
Viewing 42 U.S.C. § 609 as in effect on November 5, 1990. The text changed in 11 later editions (most recent February 22, 2012).
View current version →(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.
Editorial notes U.S. Code · Office of the Law Revision Counsel
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].”