; and (cc) is a relative of the individual. (ii) State option to modify age criterion At the option of a State, such term shall include an individual who has not attained age 55. (iii) Determination to be made by State The determination of whether an individual meets the criteria described in clause (i)(II) shall be made by the State. . (2) Penalty Section 409(a) of the Social Security Act ( 42 U.S.C. 609(a) ), as previously amended by this section, is amended by adding at the end the following new paragraph: (20) Penalty for failure to disregard income, assets, and resources for older caretaker relatives If the Secretary determines that a State to which a grant is made under section 403 in a fiscal year has violated section 408(a)(14) during the fiscal year, the Secretary shall reduce the grant payable to the State under section 403(a)(1) for the immediately succeeding fiscal year by an amount equal to 3 percent of the State family assistance grant. . (h) Ensuring equitable treatment for older caretaker relatives under TANF (1) State notifications to older caretaker relatives of child TANF recipients (A) In general Section 408(a) of the Social Security Act ( 42 U.S.C. 608(a) ), as previously amended by this section, is amended by adding at the end the following: (15) State requirements regarding notice to relative caretakers A State to which a grant is made under section 403 shall— (A) ensure that the State agency responsible for administering the State program funded under this part employs a resource employee who is trained to provide guidance to an older caretaker relative of a minor child if the child is a recipient of assistance under the program (or under a State program funded with qualified State expenditures (as defined in section 409(a)(7)(B)(i))), on legal options regarding custody and guardianship of the child, including explaining to the relative caretaker how each legal option corresponds to the availability of benefits and services, and who serves as a liaison with other agencies and community