[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1534 Introduced in House (IH)]







108th CONGRESS
  1st Session
                                H. R. 1534

   To improve the ability of the child welfare system to prevent and 
    respond to child abuse and place children in safe, loving, and 
                            permanent homes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 1, 2003

 Mr. Cardin (for himself, Mr. George Miller of California, Mr. Rangel, 
Mr. Stark, Mr. Levin, and Mr. McDermott) introduced the following bill; 
         which was referred to the Committee on Ways and Means

_______________________________________________________________________

                                 A BILL


 
   To improve the ability of the child welfare system to prevent and 
    respond to child abuse and place children in safe, loving, and 
                            permanent homes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Child Protective Services 
Improvement Act''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents of this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
        TITLE I--ENSURING CHILD SAFETY BY PAYING FOR PERFORMANCE

Sec. 101. Grants and bonuses to improve State performance.
Sec. 102. Report on enhanced data on child well-being.
            TITLE II--SUPPORTING QUALITY FRONT LINE WORKERS

Sec. 201. Child welfare service quality improvement grants.
Sec. 202. Increase in payment rate for States for expenditures for 
                            short term training of staff of certain 
                            child welfare agencies and court personnel.
          TITLE III--COMBATTING THE EFFECTS OF SUBSTANCE ABUSE

Sec. 301. Child protection/alcohol and drug partnerships for children.
        TITLE IV--INCREASING STATE FLEXIBILITY TO SERVE FAMILIES

Sec. 401. State option to align eligibility for foster care maintenance 
                            payments and adoption assistance with TANF 
                            eligibility.
Sec. 402. Kinship guardianship assistance payments for children.
Sec. 403. Modifications relating to child welfare demonstration 
                            projects.
    TITLE V--ENSURING ADEQUATE FUNDING FOR PREVENTION AND ADOPTION 
                               ACTIVITIES

Sec. 501. Ensuring adequate funding for prevention and adoption 
                            activities.
                        TITLE VI--EFFECTIVE DATE

Sec. 601. Effective date.

        TITLE I--ENSURING CHILD SAFETY BY PAYING FOR PERFORMANCE

SEC. 101. GRANTS AND BONUSES TO IMPROVE STATE PERFORMANCE.

    (a) In General.--Part B of title IV of the Social Security Act (42 
U.S.C. 629-629i) is amended by adding at the end the following:

                ``Subpart 3--Improving State Performance

``SEC. 440. GRANTS AND BONUSES TO IMPROVE STATE PERFORMANCE.

    ``(a) Grants.--
            ``(1) In general.--Each State that is a qualified State 
        with respect to a fiscal year specified in paragraph (4) shall 
        be entitled to receive from the Secretary a grant for the 
        fiscal year in an amount equal to the amount described in 
        paragraph (2).
            ``(2) Amount of grant.--The amount of the grant payable to 
        a State under paragraph (1) for a fiscal year shall be the 
        amount that bears the same ratio to the total amount available 
        for grants under paragraph (1) for the fiscal year as the 
        number of children in the State who have not attained 18 years 
        of age bears to the number of children in all qualified States 
        for the fiscal year.
            ``(3) Use of grant.--
                    ``(A) In general.--A State to which a grant is made 
                under paragraph (1) of this subsection shall use the 
                grant to carry out the corrective action plan referred 
                to in subsection (c)(1).
                    ``(B) Carryover of funds.--A State to which a grant 
                is made under paragraph (1) for a fiscal year may 
                expend the grant in the fiscal year or the next fiscal 
                year.
                    ``(C) No supplantation.--A State to which a grant 
                is made under paragraph (1) shall use the grant to 
                supplement and not supplant any Federal, State, or 
                local funds used for child welfare services or child 
                welfare training.
            ``(4) Reallotment of unexpended funds.--To the extent that 
        a grant made under paragraph (1) is not expended by the grantee 
        during the time provided by paragraph (3)(B), the grantee shall 
        remit the unexpended portion of the grant to the Secretary, who 
        shall make the amount available--
                    ``(A) if the next fiscal year is fiscal year 2005, 
                for grants under paragraph (1) for fiscal year 2005; or
                    ``(B) in any other case, for grants under 
                subsection (b) for the then next fiscal year.
            ``(5) Appropriation.--
                    ``(A) In general.--Out of any money in the Treasury 
                of the United States not otherwise appropriated, there 
                are appropriated to carry out this subsection 
                $100,000,000 for each of fiscal years 2004 and 2005.
                    ``(B) Availability.--The amounts appropriated by 
                subparagraph (A) shall remain available for grants 
                under this subsection through fiscal year 2005. Any 
                amount so appropriated that remains unexpended by the 
                Secretary at the end of fiscal year 2005 shall be 
                available for expenditure under subsection (b) through 
                fiscal year 2008.
    ``(b) Bonuses.--
            ``(1) In general.--Each State that is a qualified State 
        with respect to a fiscal year specified in paragraph (4) shall 
        be entitled to received from the Secretary a bonus for the 
        fiscal year in an amount equal to the amount described in 
        paragraph (2), if the Secretary determines that, in the 
        preceding fiscal year, the State made significant progress in 
        achieving the goals of the corrective action plan referred to 
        in subsection (c)(1).
            ``(2) Amount of grant.--The amount of the bonus payable to 
        a State under paragraph (1) for a fiscal year shall be the 
        amount that bears the same ratio to the total amount available 
        for grants under paragraph (1) for the fiscal year as the 
        number of children in the State who have not attained 18 years 
of age bears to the number of such children in all qualified States to 
which a bonus is so payable for the fiscal year.
            ``(3) Use of grant.--
                    ``(A) In general.--A State to which a grant is made 
                under paragraph (1) of this subsection shall use the 
                grant to carry out the corrective action plan referred 
                to in subsection (c)(1).
                    ``(B) Carryover of funds.--A State to which a grant 
                is made under paragraph (1) for a fiscal year may 
                expend the grant in the fiscal year or the next fiscal 
                year.
                    ``(C) No supplantation.--A State to which a grant 
                is made under paragraph (1) shall use the grant to 
                supplement and not supplant any Federal, State, or 
                local funds used for child welfare services or child 
                welfare training.
            ``(4) Reallotment of unexpended funds.--To the extent that 
        a grant made under paragraph (1) is not expended by the grantee 
        during the time provided by paragraph (3)(B), the grantee shall 
        remit the unexpended portion of the grant to the Secretary, who 
        shall make the amount available for grants under paragraph (1) 
        for the then next fiscal year.
            ``(5) Appropriation.--
                    ``(A) In general.--Out of any money in the Treasury 
                of the United States not otherwise appropriated, there 
                are appropriated to carry out this subsection 
                $100,000,000 for each of fiscal years 2006 through 
                2008.
                    ``(B) Availability.--The amounts appropriated by 
                subparagraph (A) shall remain available for grants 
                under this subsection through fiscal year 2008.
    ``(c) Definitions.--
            ``(1) Qualified state.--In this section, the term 
        `qualified State' means, with respect to a fiscal year, a State 
        that--
                    ``(A) has in effect during the fiscal year a 
                corrective action plan approved under section 
                1123A(b)(4); and
                    ``(B) has submitted to the Secretary a document 
                which describes the efforts that were made by the State 
                to develop community involvement in establishing the 
                corrective action plan.
            ``(2) State.--The term `State' means each of the 50 States, 
        the District of Columbia, Puerto Rico, Guam, the United States 
        Virgin Islands, American Samoa, and the Northern Mariana 
        Islands.''.

SEC. 102. REPORT ON ENHANCED DATA ON CHILD WELL-BEING.

    Not later than October 2004, the Secretary of Health and Human 
Services shall provide to the Congress recommendations on improving the 
quality and usefulness of data being collected through the Adoption and 
Foster Care Analysis and Reporting System (in this section referred to 
as ``AFCARS''). The Secretary should develop the recommendations in 
consultation with State agencies which have functions related to child 
welfare and with experts in fields related to child welfare. In 
developing the recommendations, the Secretary shall consider modifying 
AFCARS to include the collection and analysis of longitudinal data, as 
well as entry and exit cohort analysis, and a measure of adoption 
disruption.

            TITLE II--SUPPORTING QUALITY FRONT LINE WORKERS

SEC. 201. CHILD WELFARE SERVICE QUALITY IMPROVEMENT GRANTS.

    Part B of title IV of the Social Security Act (42 U.S.C. 620-629i) 
is further amended by adding at the end the following:

           ``Subpart 4--Supporting Quality Front Line Workers

``SEC. 440A. CHILD WELFARE SERVICE QUALITY IMPROVEMENT GRANTS.

    ``(a) In General.--The Secretary, acting through the Administration 
of Children and Families, shall make grants to States to improve the 
quality of child welfare services by increasing the quality and 
capacity of their child welfare workforce or by increasing the 
coordination of their child welfare services.
    ``(b) Applications.--
            ``(1) Contents.--A State desiring to receive a grant under 
        this section shall submit to the Secretary an application that 
        includes the following:
                    ``(A) Plan.--A detailed description of how the 
                State would use the grant, during the 5-year period 
                beginning with the date the grant is received, to 
                improve working conditions of child welfare workers in 
                any agency providing a service under the State plan 
                approved under subpart 1 or 2 of part B or part E in 1 
                or more ways described in paragraph (2), and an 
                explanation of how doing so would help the State 
                achieve the outcomes set forth in the Final List of 
                Child Welfare Outcomes and Measures (64 Fed. Reg. 
                45552-45554).
                    ``(B) Baseline data on state-selected indicators.--
                The information described in those subparagraphs of 
                paragraph (3) which describe the indicators that the 
                State intends to improve on using the grant, with 
                respect to all child welfare agencies in the State for 
                the fiscal year preceding the first fiscal year for 
                which the grant is requested.
                    ``(C) Budget.--A budget showing how the State would 
                expend funds (including any grant funds provided under 
                this section) for child welfare services or the 
                improvement of the services.
            ``(2) Ways to improve working conditions.--The ways 
        described in this paragraph to improve working conditions of 
        child welfare workers are the following:
                    ``(A) Increase the wages of supervisory and 
                nonsupervisory child welfare workers.
                    ``(B) Increase the number of State supervisory and 
                nonsupervisory staff working on strengthening and 
                preserving families and improving child well-being, 
                permanency, and safety.
                    ``(C) Reduce the turnover rate for supervisory and 
                nonsupervisory child welfare workers in the State, and 
                the number of supervisory and nonsupervisory staff 
                vacancies in child welfare agencies.
                    ``(D) Improve the formal education and training of 
                supervisory and nonsupervisory child welfare workers.
                    ``(E) Increase the number of supervisory and 
                nonsupervisory child welfare workers who have graduated 
                from an institution of higher education in such fields 
                of study as the Secretary determines are related to the 
                delivery of child welfare services.
                    ``(F) Coordinate training, recruitment, and 
                retention strategies for child welfare workers.
                    ``(G) Provide educational scholarships for fields 
                of study relevant to the purposes of parts B and E in 
                return for substantial service.
                    ``(H) Implement strategies to increase the safety 
                of child welfare workers.
                    ``(I) Enable the State child welfare agencies to 
                coordinate the provision of services with State and 
                local health care agencies, State and local alcohol and 
                drug abuse prevention and treatment agencies, State and 
                local mental health agencies, State and local housing 
                agencies, State and local agencies administering the 
                Temporary Assistance for Needy Families program, and 
                other welfare agencies to promote child safety, 
                permanence, and family stability.
                    ``(J) Provide training to improve the ability of 
                child welfare workers to include and involve families 
                in planning decisions for children served by State 
                child welfare agencies.
            ``(3) Description of baseline data.--The data described in 
        this paragraph are the following:
                    ``(A) The average salary of supervisory child 
                welfare workers, and of nonsupervisory child welfare 
                workers.
                    ``(B) The average number of children or families, 
                per caseworker--
                            ``(i) for caseworkers who provide services 
                        for abused or neglected children and their 
                        families;
                            ``(ii) for caseworkers who provide services 
                        to strengthen and preserve families with 
                        children;
                            ``(iii) for caseworkers who provide 
                        adoption services; and
                            ``(iv) for caseworkers who provide family 
                        foster care services.
                    ``(C) The total number of vacancies in supervisory 
                staff positions and in nonsupervisory staff positions, 
                and each such number expressed as a percentage of each 
                type of staff position.
                    ``(D) The average rate at which supervisory child 
                welfare workers left employment, and at which 
                nonsupervisory child welfare workers left employment.
                    ``(E) The average duration of employment of 
                supervisory child welfare workers and of nonsupervisory 
                child welfare workers.
                    ``(F) The total number and percentage of 
                supervisory child welfare workers and of nonsupervisory 
                child welfare workers who have received a bachelor's or 
                more advanced degree from an institution of higher 
                education, in the aggregate, and broken down by field 
                of study.
                    ``(G) The average number of staff for whom 
                supervisory child welfare workers are responsible.
                    ``(H) The range and scope of pre-service and in-
                service training opportunities, including numbers and 
                percentage of supervisory child welfare staff and of 
                nonsupervisory child welfare staff engaged in training 
                programs.
                    ``(I) The number and severity of injuries and 
                threats to child welfare workers, and the strategies 
                used to address the safety of child welfare workers.
                    ``(J) Data that indicates whether families and 
                children received support services (such as mental and 
                physical health care, food stamps, affordable housing, 
                and substance abuse prevention and treatment) needed to 
                create a stable home environment.
                    ``(K) Such other indicators as the Secretary may by 
                regulation prescribe.
            ``(4) Amendment of applications.--A State may at any time 
        submit to the Secretary an amendment to the application of the 
        State under this subsection. On approval of such an amendment, 
        the application shall be considered to include the amendment.
    ``(c) Grants.--
            ``(1) In general.--On certification by the Secretary that a 
        State application for a grant under this section meets the 
        requirements of subsection (b) and that implementing the 
        activities described in the application would help the State 
        achieve some of the outcomes set forth in the Final List of 
        Child Welfare Outcomes and Measures (64 Fed. Reg. 45552-45554), 
        and on approval by the Secretary of the application, the State 
        shall be eligible to receive a grant under this section for 
        each fiscal year for which funds are available for such a 
        grant.
            ``(2) Grant amount.--The Secretary shall make a grant to 
        each State that is eligible to receive a grant under this 
        section for a fiscal year, in an amount equal to the lesser 
        of--
                    ``(A) the amount finally allotted to or reserved 
                for the State under this subsection for the fiscal 
                year; or
                    ``(B) 3 times the amount that the State has 
                committed to spend to carry out the activities 
                described in the approved application.
            ``(3) Reservation of funds.--
                    ``(A) Puerto rico.--The Secretary shall reserve 
                1.75 percent of the funds appropriated pursuant to 
                subsection (j) for each fiscal year, for a grant to 
                Puerto Rico under this section for the fiscal year. If, 
                for a fiscal year, Puerto Rico does not submit to the 
                Secretary an application that meets the requirements of 
                subsection (b), the funds so reserved shall be 
                available for allotment under paragraph (4) of this 
                subsection for the succeeding fiscal year or (if the 
                succeeding fiscal year is fiscal year 2009) remitted to 
                the Treasury of the United States.
                    ``(B) Other territories.--The Secretary shall 
                reserve 0.3 percent of the funds appropriated pursuant 
                to subsection (j) for each fiscal year, for grants 
                among the United States Virgin Islands, Guam, American 
                Samoa, and the Commonwealth of the Northern Mariana 
                Islands under this section in such amounts as the 
                Secretary deems appropriate for the fiscal year. If, 
                for a fiscal year, none of such territories submits to 
                the Secretary an application that meets the 
                requirements of subsection (b), the funds so reserved 
                shall be available for allotment under paragraph (4) of 
                this subsection for the succeeding fiscal year or (if 
                the succeeding fiscal year is fiscal year 2009) 
                remitted to the Treasury of the United States.
                    ``(C) Indian tribes.--The Secretary shall reserve 2 
                percent of the funds appropriated pursuant to 
                subsection (j) for each fiscal year, for grants among 
                Indian tribes under this section in such amounts as the 
                Secretary deems appropriate for the fiscal year. If, 
                for a fiscal year, the Secretary does not receive from 
                any Indian tribe an application that meets the 
                requirements of subsection (b), the funds so reserved 
                shall be available for allotment under paragraph (4) of 
                this subsection for the succeeding fiscal year or (if 
                the succeeding fiscal year is fiscal year 2009) 
                remitted to the Treasury of the United States.
                    ``(D) Technical assistance and evaluations.--The 
                Secretary shall reserve 0.7 percent of the funds 
                appropriated pursuant to subsection (j) for each fiscal 
                year, to pay the costs of providing technical 
                assistance and conducting evaluations under this 
                section.
            ``(4) Allotments.--
                    ``(A) Initial allotment.--From the amount available 
                to carry out this section for a fiscal year that 
                remains after applying paragraph (3) for the fiscal 
                year (including any amount available for allotment 
                under this paragraph for the fiscal year after applying 
                paragraph (3) for the preceding fiscal year), the 
                Secretary shall initially allot to each State not 
                described in paragraph (3) for a fiscal year an amount 
                that bears the same ratio to the remaining amount as 
                the number of individuals who reside in the State and 
                have not attained 18 years of age bears to the total 
                number of such individuals in all States not described 
                in paragraph (3) that are eligible for a grant under 
                this section for such most recent fiscal year.
                    ``(B) Final allotment.--The Secretary shall reduce 
                the amount initially allotted to each State with an 
                initial allotment under subparagraph (A) of more than 
                $300,000, on a pro rata basis, to the extent necessary 
                to ensure that the amount finally allotted to each such 
                State is not less than $300,000.
    ``(d) Use of Grant.--
            ``(1) In general.--A State to which a grant is made under 
        this section shall use the grant in accordance with the 
        approved application for the grant.
            ``(2) Availability of funds.--A State that receives funds 
        under this section shall remit to the Secretary any of such 
        funds that remain unexpended by the State at the end of the 2-
        year period that begins with the date of the receipt.
            ``(3) No supplantation.--A State to which a grant is made 
        under this section shall use the grant to supplement and not 
        supplant any Federal, State, or local funds used for child 
        welfare services or child welfare training.
    ``(e) Monitoring.--The Secretary shall monitor the activities of 
grantees under this section to ensure compliance with this section and 
any State plan of the grantee under subpart 1.
    ``(f) Technical Assistance.--The Secretary may provide technical 
assistance to any grantee to assist the grantee in improving the 
quality of child welfare services, including strategies to recruit, 
train, and retain high quality staff, and in complying with the 
provisions of law referred to in subsection (e).
    ``(g) Enforcement.--
            ``(1) In general.--If the Secretary determines that, during 
        a fiscal year, a grantee under this section has not complied 
        with a requirement of this Act, the Secretary may--
                    ``(A) in the case of the 1st such determination of 
                noncompliance, reduce by not less than 5 percent the 
                amount of the grant otherwise payable to the grantee 
                under this section for the fiscal year;
                    ``(B) in the case of the 2nd such determination of 
                noncompliance, reduce by not less than 25 percent the 
                amount of the grant otherwise payable to the grantee 
                under this section for the fiscal year; and
                    ``(C) in the case of the 3rd or any subsequent such 
                determination of noncompliance, withhold the payment of 
                a grant to the grantee under this section for any 
                succeeding fiscal year, notwithstanding subsection (c).
            ``(2) Recovery.--In the case of a determination under 
        paragraph (1) of grantee noncompliance, to the extent that a 
        penalty cannot be imposed under paragraph (1), the Secretary 
        shall require the grantee to remit to the Secretary the amount 
        of the penalty not able to be so imposed.
    ``(h) Evaluation.--
            ``(1) In general.--Not later than September 30, 2006, the 
        Secretary shall conduct an interim evaluation to determine 
        whether the grantees under this section have improved the 
        provision of child welfare services beyond the level reflected 
        in the baseline data set forth in the applications submitted by 
        the grantees under this section.
            ``(2) Final report.--Not later than September 30, 2008, the 
        Secretary shall submit to the Congress a written report that 
        contains the final evaluation of the Secretary.
    ``(i) Regulations.--The Secretary shall prescribe such regulations 
as may be necessary to carry out this section, including regulations, 
developed in consultation with the States, governing how to obtain the 
baseline data described in subsection (b)(3).
    ``(j) Appropriation.--Out of any money in the Treasury of the 
United States not otherwise appropriated, there are appropriated to the 
Secretary not more than $100,000,000 for each of fiscal years 2004 
through 2008 to carry out this section.
    ``(k) Definitions.--In this section:
            ``(1) Alaska native organization.--The term `Alaska Native 
        Organization' means any organized group of Alaska Natives 
        eligible to operate a Federal program under the Indian Self-
        Determination Act (25 U.S.C. 450f et seq.) or the designee of 
        such a group.
            ``(2) Child welfare agency.--The term `child welfare 
        agency' means the State agency responsible for administering 
        subpart 1, and any public or private agency under contract with 
        the State agency to provide child welfare services.
            ``(3) Indian tribe.--The term `Indian tribe' means any 
        Indian tribe, band, Nation or other organized group or 
        community of Indians, including any Alaska Native Organization, 
        that is recognized as eligible for the special programs and 
        services provided by the United States to Indians because of 
        their status as Indians.
            ``(4) Institution of higher education.--The term 
        `institution of higher education' has the meaning given the 
        term in section 101 of the Higher Education Act of 1965.
            ``(5) State.--The term `State' means each of the 50 States, 
        the District of Columbia, Puerto Rico, Guam, the United States 
        Virgin Islands, American Samoa, and the Northern Mariana 
        Islands.''.

SEC. 202. INCREASE IN PAYMENT RATE FOR STATES FOR EXPENDITURES FOR 
              SHORT TERM TRAINING OF STAFF OF CERTAIN CHILD WELFARE 
              AGENCIES AND COURT PERSONNEL.

    Section 474(a)(3)(B) of the Social Security Act (42 U.S.C. 
674(a)(3)(B)) is amended to read as follows:
                    ``(B) 75 percent of so much of such expenditures 
                (including travel and per diem expenses) as are for the 
                short-term training of--
                            ``(i) current or prospective foster or 
                        adoptive parents and the members of the staff 
                        of State-licensed or State-approved child care 
                        institutions providing care, or of State-
                        licensed or State-approved child welfare 
                        agencies providing services, to foster and 
                        adopted children receiving assistance under 
                        this part,
                            ``(ii) members of the staff of abuse and 
                        neglect courts, agency attorneys, attorneys 
                        representing children, parents, or guardians ad 
                        litem, or other court-appointed special 
                        advocates representing children in proceedings 
                        of such courts, and
                            ``(iii) persons employed by State, local, 
                        or private nonprofit child-serving agencies 
                        that are working with the State or local agency 
                        administering the State plan under this part to 
                        keep children safe and provide permanent 
                        families for children,
                in ways that increase the ability of such current or 
                prospective parents, guardians, staff members, 
                institutions, attorneys, advocates, and persons to 
                provide support and assistance to foster and adopted 
                children, whether incurred directly by the State or by 
                contract,''.

          TITLE III--COMBATTING THE EFFECTS OF SUBSTANCE ABUSE

SEC. 301. CHILD PROTECTION/ALCOHOL AND DRUG PARTNERSHIPS FOR CHILDREN.

    Part B of title IV of the Social Security Act (42 U.S.C. 620-629i) 
is further amended by adding at the end the following:

    ``Subpart 5--Child Protection/Alcohol and Drug Partnerships For 
                                Children

``SEC. 441. DEFINITIONS.

    ``In this subpart:
            ``(1) Alaska native organization.--The term `Alaska Native 
        Organization' means any organized group of Alaska Natives 
        eligible to operate a Federal program under the Indian Self-
        Determination Act (25 U.S.C. 450f et seq.) or the designee of 
        such a group.
            ``(2) Administrative costs.--
                    ``(A) In general.--The term `administrative costs' 
                means the costs for the general administration of 
                administrative activities, including contract costs and 
                all overhead costs.
                    ``(B) Exclusion.--Such term does not include the 
                direct costs of providing services and costs related to 
                case management, training, technical assistance, 
                evaluation, establishment, and operation of information 
                systems, and such other similar costs that are also an 
                integral part of service delivery.
            ``(3) Eligible state.--The term `eligible State' means a 
        State that submits a joint application from the State agencies 
        that--
                    ``(A) includes a plan that meets the requirements 
                of section 443; and
                    ``(B) is approved by the Secretary for a 5-year 
                period after consultation with the Assistant Secretary 
                for the Administration for Children and Families and 
                the Administrator of the Substance Abuse and Mental 
                Health Services Administration.
            ``(4) Indian tribe.--The term `Indian tribe' means any 
        Indian tribe, band, Nation or other organized group or 
        community of Indians, including any Alaska Native Organization, 
        that is recognized as eligible for the special programs and 
        services provided by the United States to Indians because of 
        their status as Indians.
            ``(5) State.--
                    ``(A) In general.--The term `State' means each of 
                the 50 States, the District of Columbia, and the 
                territories described in subparagraph (B).
                    ``(B) Territories.--
                            ``(i) In general.--The territories 
                        described in this subparagraph are Puerto Rico, 
                        Guam, the United States Virgin Islands, 
                        American Samoa, and the Northern Mariana 
                        Islands.
                            ``(ii) Authority to modify requirements.--
                        The Secretary may modify the requirements of 
                        this subpart with respect to a territory 
                        described in clause (i) to the extent necessary 
                        to allow the territory to conduct activities 
                        through funds provided under a grant made under 
                        this subpart.
            ``(6) State agencies.--The term `State agencies' means the 
        State child welfare agency and the unit of State government 
        responsible for the administration of the substance abuse 
        prevention and treatment block grant provided under subpart II 
        of part B of title XIX of the Public Health Service Act (42 
        U.S.C. 300x-21 et seq.).
            ``(7) Tribal organization.--The term `tribal organization' 
        means the recognized governing body of an Indian tribe.

``SEC. 442. GRANTS TO PROMOTE CHILD PROTECTION/ALCOHOL AND DRUG 
              PARTNERSHIPS FOR CHILDREN.

    ``(a) Authority To Award Grants.--The Secretary shall award grants 
to eligible States and directly to Indian tribes in accordance with the 
requirements of this subpart for the purpose of promoting joint 
activities among Federal, State, and local public child welfare and 
alcohol and drug abuse prevention and treatment agencies (and among 
child welfare and alcohol and drug abuse prevention and treatment 
agencies that are providing services to children in Indian tribes) that 
focus on families with alcohol or drug abuse problems who come to the 
attention of the child welfare system and are designed to--
            ``(1) increase the capacity of both the child welfare 
        system and the alcohol and drug abuse prevention and treatment 
        system to address comprehensively and in a timely manner the 
        needs of such families to improve child safety, family 
        stability, and permanence; and
            ``(2) promote recovery from alcohol and drug abuse 
        problems.
    ``(b) Notification.--Not later than 60 days after the date a joint 
application is submitted by the State agencies or an application is 
submitted by an Indian tribe, the Secretary shall notify a State or 
Indian tribe that the application has been approved or disapproved.

``SEC. 443. PLAN REQUIREMENTS.

    ``(a) Contents.--Subject to subsection (c), the plan shall contain 
the following:
            ``(1) A detailed description of how the State agencies will 
        work jointly to implement a range of activities to meet the 
        alcohol and drug abuse prevention and treatment needs of 
        families who come to the attention of the child welfare system 
        and to promote child safety, permanence, and family stability.
            ``(2) An assurance that the heads of the State agencies 
        shall jointly administer the grant program funded under this 
        subpart and a description of how they will do so.
            ``(3) A description of the nature and extent of the problem 
        of alcohol and drug abuse among families who come to the 
        attention of the child welfare system in the State, and of any 
        plans being implemented to further identify and assess the 
        extent of the problem.
            ``(4) A description of any joint activities already being 
        undertaken by the State agencies in the State on behalf of 
        families with alcohol and drug abuse problems who come to the 
        attention of the child welfare system (including any existing 
        data on the impact of such joint activities) such as activities 
        relating to--
                    ``(A) the appropriate screening and assessment of 
                cases;
                    ``(B) consultation on cases involving alcohol and 
                drug abuse;
                    ``(C) arrangements for addressing confidentiality 
                and sharing of information;
                    ``(D) cross training of staff;
                    ``(E) co-location of services;
                    ``(F) support for comprehensive treatment programs 
                for parents and their children; and
                    ``(G) establishing priority of child welfare 
                families for assessment or treatment.
            ``(5)(A) A description of the joint activities to be funded 
        in whole or in part with the funds provided under the grant, 
        including the sequencing of the activities proposed to be 
        conducted under the 5-year funding cycle and the goals to be 
        achieved during such funding cycle. The activities and goals 
        shall be designed to improve the capacity of the State agencies 
        to work jointly to improve child safety, family stability, and 
        permanence for children whose families come to the attention of 
        the child welfare system and to promote their parents' recovery 
        from alcohol and drug abuse.
            ``(B) The description shall include a statement as to why 
        the State agencies chose the specified activities and goals.
            ``(6) A description as to whether and how the joint 
        activities described in paragraph (5), and other related 
        activities funded with Federal funds, will address some or all 
        of the following practices and procedures:
                    ``(A) Practices and procedures designed to 
                appropriately--
                            ``(i) identify alcohol and drug treatment 
                        needs;
                            ``(ii) assess such needs;
                            ``(iii) assess risks to the safety of a 
                        child and the need for permanency with respect 
                        to the placement of a child;
                            ``(iv) enroll families in appropriate 
                        services and treatment in their communities; 
                        and
                            ``(v) regularly assess the progress of 
                        families receiving such treatment.
                    ``(B) Practices and procedures designed to provide 
                comprehensive and timely individualized alcohol and 
                drug abuse prevention and treatment services for 
                families who come to the attention of the child welfare 
                system that include a range of options that are 
                available, accessible, and appropriate, and that may 
                include the following components:
                            ``(i) Preventive and early intervention 
                        services for children of parents with alcohol 
                        and drug abuse problems that integrate alcohol 
                        and drug abuse prevention services with mental 
                        health and domestic violence services, and that 
                        recognize the mental, emotional, and 
                        developmental problems the children may 
                        experience.
                            ``(ii) Prevention and early intervention 
                        services for parents at risk for alcohol and 
                        drug abuse problems.
                            ``(iii) Comprehensive home-based, 
                        outpatient, and residential treatment options.
                            ``(iv) After-care support (both formal and 
                        informal) for families in recovery that 
                        promotes child safety and family stability.
                            ``(v) Services and supports that focus on 
                        parents, parents with their children, parents' 
                        children, other family members, and parent-
                        child interaction.
                    ``(C) Elimination of existing barriers to treatment 
                and to child safety and permanence, such as 
                difficulties in sharing information among agencies and 
                differences between the values and treatment protocols 
                of the different agencies.
                    ``(D) Effective engagement and retention 
                strategies.
                    ``(E) Pre-service and in-service joint training of 
                management and staff of child welfare and alcohol and 
                drug abuse prevention and treatment agencies, and, 
                where appropriate, judges and other court staff, to--
                            ``(i) increase such individuals' awareness 
                        and understanding of alcohol and drug abuse and 
                        related child abuse and neglect;
                            ``(ii) more accurately identify and screen 
                        alcohol and drug abuse and child abuse in 
                        families;
                            ``(iii) improve assessment skills of both 
                        child abuse and alcohol and drug abuse staff, 
                        including skills to assess risk to children's 
                        safety;
                            ``(iv) increase staff knowledge of the 
                        services and resources that are available in 
                        such individuals' communities and appropriate 
                        for such families; and
                            ``(v) increase awareness of the importance 
                        of permanence for children and the timelines 
                        for decision making regarding permanence in the 
                        child welfare system.
            ``(7) A description of the jurisdictions in the State 
        (including whether such jurisdictions are urban, suburban, or 
        rural) where the joint activities will be provided, and the 
        plans for expanding such activities to other parts of the State 
        during the 5-year funding cycle.
            ``(8) A description of the methods to be used in measuring 
        progress toward the goals identified under paragraph (5), 
        including how the State agencies will jointly measure their 
        performance in accordance with section 446, and how remaining 
        barriers to meeting the needs of families with alcohol or drug 
        abuse problems who come to the attention of the child welfare 
        system will be assessed.
            ``(9) An assurance of the coordination, to the extent 
        feasible and appropriate, of the activities funded under a 
        grant made under this subpart with the services or benefits 
        provided under other Federal or federally assisted programs 
        that serve families with alcohol and drug abuse problems who 
        come to the attention of the child welfare system, including 
        health, mental health, domestic violence, housing, and 
        employment programs, the temporary assistance to needy families 
        program funded under part A of this title, other child welfare 
        and alcohol and drug abuse prevention and treatment programs, 
        and the courts.
            ``(10) An assurance that not more than 10 percent of 
        expenditures under the plan for any fiscal year shall be for 
        administrative costs.
            ``(11) An assurance that alcohol and drug treatment 
        services provided at least in part with funds provided under a 
        grant made under this subpart shall be licensed, certified, or 
        otherwise approved by the appropriate State alcohol and drug 
        abuse agencies, or in the case of an Indian tribe, by a State 
        alcohol and drug abuse agency, the Indian Health Service, or 
        other designated licensing agency.
            ``(12) An assurance that Federal funds provided to the 
        State under a grant made under this subpart will not be used to 
        supplant Federal or non-Federal funds for services and 
        activities provided as of the date of the submission of the 
        plan that assist families with alcohol and drug abuse problems 
        who come to the attention of the child welfare system.
            ``(13) A description of the input that was obtained in the 
        development of the plan, from caseworkers, community advocates, 
        judges, and other agencies that serve families who come to the 
        attention of the child welfare system.
    ``(b) Amendments.--
            ``(1) In general.--An eligible State or Indian tribe may 
        amend, in whole or in part, its plan at any time through 
        transmittal of a plan amendment.
            ``(2) 60-day approval deadline.--A plan amendment is 
        considered approved unless the Secretary notifies an eligible 
        State or Indian tribe in writing, within 60 days after receipt 
        of the amendment, that the amendment is disapproved (and the 
        reasons for disapproval) or that specified additional 
        information is needed.
    ``(c) Requirements for Applications by Indian Tribes.--
            ``(1) In general.--In order to be eligible for a grant made 
        under this subpart, an Indian tribe shall--
                    ``(A) submit a plan to the Secretary that 
                describes--
                            ``(i) the activities the tribe will 
                        undertake with both child welfare and alcohol 
                        and drug agencies that serve the tribe's 
                        children to address the needs of families who 
                        come to the attention of the child welfare 
                        agencies and have alcohol and drug problems; 
                        and
                            ``(ii) whether and how such activities 
                        address any of the practice and policy areas in 
                        subsection (a)(6); and
                    ``(B) subject to paragraph (2) of this subsection, 
                meet the other requirements of subsection (a) unless, 
                with respect to a specific requirement of subsection 
                (a), the Secretary determines that it would be 
                inappropriate to apply the requirement to an Indian 
                tribe, taking into account the resources, needs, and 
                other circumstances of the Indian tribe.
            ``(2) Administrative costs; use of federal funds.--
        Paragraphs (10) and (12) of subsection (a) shall not apply to a 
        plan submitted by an Indian tribe. The indirect cost rate 
        agreement in effect for an Indian tribe shall apply with 
        respect to administrative costs under the tribe's plan.
            ``(3) Authority for intertribal consortium.--The 
        participating Indian tribes of an intertribal consortium may 
        develop and submit a single plan that meets the applicable 
        requirements of subsection (a) (as so determined by the 
        Secretary) and paragraph (1) of this subsection.

``SEC. 444. APPROPRIATION; RESERVATION OF FUNDS.

    ``(a) Appropriation.--For the purpose of providing allotments to 
eligible States and Indian tribes under this subpart and research and 
training under subsection (b)(3), there is appropriated out of any 
money in the Treasury not otherwise appropriated--
            ``(1) for fiscal year 2004, $100,000,000;
            ``(2) for fiscal year 2005, $100,000,000;
            ``(3) for fiscal year 2006, $150,000,000;
            ``(4) for fiscal year 2007, $200,000,000; and
            ``(5) for fiscal year 2008, $200,000,000.
    ``(b) Reservation of Funds.--With respect to a fiscal year:
            ``(1) Territories.--The Secretary shall reserve 2 percent 
        of the amount appropriated under subsection (a) for such fiscal 
        year for payments to Puerto Rico, Guam, the United States 
        Virgin Islands, American Samoa, and the Northern Mariana 
        Islands.
            ``(2) Indian tribes.--The Secretary shall reserve 2 percent 
        of the amount appropriated under subsection (a) for such fiscal 
        year for direct payments to Indian tribes and Indian tribal 
        organizations for activities intended to increase the capacity 
        of the Indian tribes and tribal organizations to expand 
        treatment, services, and training to assist families with 
        alcohol and drug abuse problems who come to the attention of 
        the child welfare agencies.
            ``(3) Research and training.--The Secretary shall reserve 1 
        percent of the amount appropriated under subsection (a) for 
        such fiscal year for practice-based research on the 
        effectiveness of various approaches for the screening, 
        assessment, engagement, treatment, retention, and monitoring of 
        families with alcohol and drug abuse problems who come to the 
        attention of the child welfare system.

``SEC. 445. PAYMENTS TO ELIGIBLE STATES AND INDIAN TRIBES.

    ``(a) Amount of Grant.--
            ``(1) Eligible states other than territories.--
                    ``(A) In general.--From the amount appropriated 
                under section 444(a) for a fiscal year, after the 
                reservation of funds required under section 444(b) for 
                the fiscal year and subject to subparagraphs (B) and 
                (C) of this paragraph, the Secretary shall pay to each 
                eligible State (after the Secretary has determined that 
                the State has satisfied the matching requirement under 
                subsection (b) of this section) an amount that bears 
                the same ratio to the amount so appropriated for the 
                fiscal year as the number of children who have not 
                attained 18 years of age that reside in the eligible 
                State bears to the total number of children who have 
                not attained 18 years of age who reside in all eligible 
                States for the fiscal year.
                    ``(B) Minimum allotment.--In no case shall the 
                amount of a payment to an eligible State for a fiscal 
                year be less than an amount equal to 0.5 percent of the 
                amount appropriated under section 444(a) for the fiscal 
                year, after the reservation of funds required under 
                section 444(b).
                    ``(C) Pro rata reductions.--The Secretary shall 
                make pro rata reductions in the amounts of the 
                allotments determined under subparagraph (A) for a 
                fiscal year to the extent necessary to comply with 
                subparagraph (B).
            ``(2) Territories.--From the amounts reserved under section 
        444(b)(1) for a fiscal year, the Secretary shall pay to each 
        territory described in section 441(5)(B) with an approved plan 
        that meets the requirements of section 443 (after the Secretary 
        has determined that the territory has satisfied the matching 
        requirement under subsection (b) of this section) an amount 
that bears the same ratio to such amount for such fiscal year as the 
number of children under the age of 18 that reside in the territory 
bears to the total number of children under the age of 18 who reside in 
all such territories for such fiscal year.
            ``(3) Indian tribes or tribal organizations.--From the 
        amount reserved under section 444(b)(2) for a fiscal year, the 
        Secretary shall pay to each Indian tribe with an approved plan 
        that meets the requirements of section 443(c) (after the 
        Secretary has determined that the Indian tribe has satisfied 
        the matching requirement under subsection (b) of this section) 
        an amount that bears the same ratio to such reserved amount for 
        such fiscal year as the number of children who have not 
        attained 18 years of age in the Indian tribe bears to the total 
        number of such children in all Indian tribes with plans so 
        approved for such fiscal year, as determined by the Secretary 
        on the basis of the most current and reliable information 
        available to the Secretary. For purposes of making the 
        allocations required under the preceding sentence, an Indian 
        tribe may submit data and other information that the tribe has 
        on the number of Indian children who have not attained 18 years 
        of age for consideration by the Secretary.
    ``(b) Matching Requirement.--
            ``(1) In general.--In order to receive a grant under this 
        subpart for a fiscal year, an eligible State or Indian tribe 
        shall provide through non-Federal contributions the applicable 
        percentage determined under paragraph (2) for such fiscal year 
        of the costs of conducting activities funded in whole or in 
        part with funds provided under the grant. Such contributions 
        shall be paid jointly by the State agencies, in the case of an 
        eligible State, or by an Indian tribe.
            ``(2) Applicable percentage.--For purposes of paragraph 
        (1), the applicable percentage for an eligible State or Indian 
        tribe for a fiscal year is--
                    ``(A) 15 percent, in the case of fiscal years 2004 
                and 2005;
                    ``(B) 20 percent, in the case of fiscal years 2006 
                and 2007; and
                    ``(C) 25 percent, in the case of fiscal year 2008.
            ``(3) Source of match.--The non-Federal contributions 
        required of an eligible State under this subsection may be in 
        cash or in kind, fairly evaluated, including plant, equipment, 
        or services. The contributions may be made directly or through 
        donations from public or private entities. Amounts provided by 
        the Federal Government, or services assisted or subsidized to 
        any significant extent by the Federal Government may not be 
        included in determining whether an eligible State has provided 
        the applicable percentage of such contributions for a fiscal 
        year.
    ``(c) Use of Funds.--Funds provided under a grant made under this 
subpart may only be used to carry out activities specified in the plan, 
as approved by the Secretary.
    ``(d) Deadline for Request for Payment.--An eligible State or 
Indian tribe shall apply to be paid funds under a grant made under this 
subpart not later than the beginning of the fourth quarter of a fiscal 
year or such funds shall be reallotted under subsection (f).
    ``(e) Carryover of Funds.--Funds paid to an eligible State or 
Indian tribe under a grant made under this subpart for a fiscal year 
may be expended in that fiscal year or the succeeding fiscal year.
    ``(f) Reallotment of Funds.--
            ``(1) Eligible states.--In the case of an eligible State 
        that does not apply for funds allotted to the eligible State 
        under a grant made under this subpart for a fiscal year within 
        the time provided under subsection (d), or that does not expend 
        such funds during the time provided under subsection (e), the 
        funds which the eligible State would have been entitled to for 
        such fiscal year shall be reallotted to 1 or more other 
        eligible States on the basis of each such State's relative need 
        for additional payments, as determined by the Secretary, after 
        consultation with the Assistant Secretary for the 
        Administration for Children and Families and the Administrator 
        of the Substance Abuse and Mental Health Services 
        Administration.
            ``(2) Indian tribes.--In the case of an Indian tribe that 
        does not expend funds allotted to the tribe during the time 
        provided under subsection (e), the funds to which the Indian 
        tribe would have been entitled to for such fiscal year shall be 
        reallotted to the remaining Indian tribes that are implementing 
        approved plans in amounts that are proportional to the 
        percentage of Indian children in each such tribe who have not 
        attained 18 years of age.

``SEC. 446. PERFORMANCE ACCOUNTABILITY; REPORTS AND EVALUATIONS.

    ``(a) Performance Measurement.--The Secretary, in consultation with 
the Assistant Secretary for the Administration for Children and 
Families, the Administrator of the Substance Abuse and Mental Health 
Services Administration, Chief Executive Officers of a State or 
Territory, State legislators, State and local public officials 
responsible for administering child welfare and alcohol and drug abuse 
prevention and treatment programs, court staff, consumers of the 
services, and advocates for children and parents who come to the 
attention of the child welfare system, shall, within 12 months after 
the date of the enactment of this subpart, establish indicators that 
will be used to assess periodically the performance of eligible States 
and Indian tribes in using grant funds provided under this subpart to 
promote child safety, permanence, and well-being and recovery in 
families who come to the attention of the child welfare system.
    ``(b) Secretarial Reports and Evaluations.--
            ``(1) Annual reports.--On the basis of reports submitted 
        under subsection (a), the Secretary, in consultation with the 
        Assistant Secretary for the Administration for Children and 
        Families and the Administrator of the Substance Abuse and 
        Mental Health Services Administration, shall report annually, 
        beginning on October 1, 2005, to the Committee on Ways and 
        Means of the House of Representatives and the Committee on 
        Finance of the Senate on the joint activities conducted with 
funds provided under grants made under this subpart, the indicators 
that have been established, and the progress that has been made in 
addressing the needs of families with alcohol and drug abuse problems 
who come to the attention of the child welfare system and in achieving 
the goals of child safety, permanence, and family stability.
            ``(2) Evaluations.--Not later than 6 months after the end 
        of each 5-year funding cycle under this subpart, the Secretary 
        shall submit a report to the committees described in paragraph 
        (1) of this subsection that summarizes the results of the 
        evaluations conducted by eligible States and Indian tribes 
        under subsection (a)(5)(B), as reported by such States and 
        Indian tribes in accordance with subparagraphs (C) and (D) of 
        subsection (a)(5). The Secretary shall include in the report 
        required under this paragraph recommendations for further 
        legislative or administrative actions that are designed to 
        assist children and families with alcohol and drug abuse 
        problems who come to the attention of the child welfare 
        system.''.

        TITLE IV--INCREASING STATE FLEXIBILITY TO SERVE FAMILIES

SEC. 401. STATE OPTION TO ALIGN ELIGIBILITY FOR FOSTER CARE MAINTENANCE 
              PAYMENTS AND ADOPTION ASSISTANCE WITH TANF ELIGIBILITY.

    (a) Foster Care Maintenance Payments.--Section 472 of the Social 
Security Act (42 U.S.C. 672) is amended--
            (1) in subsection (a)(4)(A), by inserting ``, or at State 
        option, assistance under the State program funded under part A 
        (as in effect on December 31, 2002),'' after ``1996)''; and
            (2) by adding at the end the following:
    ``(i) A child shall be treated as meeting the requirement of 
section 472(a)(4)(A) only if the child meets the income and resource 
standards and methodologies for determining eligibility for cash 
assistance in effect under the relevant State plan or program referred 
to in such section or, at State option, the standards and methodologies 
in effect as of the date of determining the eligibility.''.
    (b) Adoption Assistance.--Section 473 of such Act (42 U.S.C. 673) 
is amended--
            (1) in subsection (a)(2)(B)(i), by inserting ``, or at 
        State option, assistance under the State program funded under 
        part A (as in effect on December 31, 2002),'' after ``1996)''; 
        and
            (2) by adding at the end the following:
    ``(7) A child shall be treated as meeting the requirement of 
section 473(a)(2)(B)(i) only if the child meets the income and resource 
standards and methodologies for determining eligibility for cash 
assistance in effect under the relevant State plan or program referred 
to in such section or, at State option, the standards and methodologies 
in effect as of the date of determining the eligibility.''.
    (c) Effective Date; Applicability.--The amendments made by this 
section shall take effect on the date of the enactment of this Act, and 
shall apply to applications for benefits under State plans approved 
under part E of title IV of the Social Security Act that are submitted 
on or after such date.

SEC. 402. KINSHIP GUARDIANSHIP ASSISTANCE PAYMENTS FOR CHILDREN.

    (a) In General.--Part E of title IV of the Social Security Act (42 
U.S.C. 670-679b) is amended by inserting after section 472 the 
following:

``SEC. 472A. KINSHIP GUARDIANSHIP ASSISTANCE PAYMENTS FOR CHILDREN.

    ``(a) In General.--Each State with a plan approved under this part 
may, at State option, enter into kinship guardianship assistance 
agreements to provide kinship guardianship assistance payments on 
behalf of children to grandparents and other relatives who have assumed 
legal guardianship (as defined in section 475(7)) of the children for 
whom they have cared as foster parents and for whom they have committed 
to care for on a permanent basis.
    ``(b) Kinship Guardianship Assistance Agreement.--
            ``(1) In general.--In order to receive payments under 
        sectino 474(a)(5), a State shall--
                    ``(A) negotiate and enter into a written, binding 
                kinship guardianship assistance agreement with the 
                prospective relative guardian of a child who meets the 
                requirements of this subsection; and
                    ``(B) provide the prospective relative guardian 
                with a copy of the agreement.
            ``(2) Minimum requirements.--The agreement shall specify, 
        at a minimum--
                    ``(A) the amount of, and manner in which, each 
                kinship guardianship assistance payment will be 
                provided under the agreement;
                    ``(B) the additional services and assistance that 
                the child and relative guardian will be eligible for 
                under the agreement;
                    ``(C) the procedure by which the relative guardian 
                may apply for additional services as needed, provided 
                the agency and relative guardian agree on the 
                additional services as specified in the case plan; and
                    ``(D) subject to paragraph (4), that the State will 
                pay the total cost of nonrecurring expenses associated 
                with obtaining legal guardianship of the child.
            ``(3) Interstate application.--The agreement shall 
        provide--
                    ``(A) that the agreement shall remain in effect 
                without regard to the State residency of the kinship 
                guardian; and
                    ``(B) for the protection of the interests of the 
                child in any case where the kinship guardian and the 
                child move to another State while the agreement is in 
                effect.
            ``(4) No effect on federal reimbursement.--Nothing in 
        paragraph (2)(D) shall be construed as affecting the ability of 
        the State to obtain reimbursement from the Federal Government 
for costs described in that paragraph.
    ``(c) Kinship Guardianship Assistance Payment.--
            ``(1) In general.--The kinship guardianship assistance 
        payment shall be based on consideration of the needs of the 
        relative guardian and of the child and shall be at least equal 
        to the amount of the foster care maintenance payment for which 
        the child would have been eligible if the child had remained in 
        foster care. The payment may be readjusted periodically based 
        on relevant changes in such needs.
            ``(2) Limitation.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), no kinship guardianship assistance 
                payment may be made to a relative guardian for any 
                child who has attained 18 years of age.
                    ``(B) Exceptions.--A kinship guardianship 
                assistance payment may be made to a relative guardian 
                with respect to a child who--
                            ``(i) is a full-time student in a secondary 
                        school or in the equivalent level of a 
                        vocational or technical training program and 
                        has not attained 19 years of age; or
                            ``(ii) with respect to a child who the 
                        State determines has a mental or physical 
                        disability that warrants the continuation of 
                        assistance until the child attains 21 years of 
                        age.
    ``(d) Child's Eligibility for a Kinship Guardianship Assistance 
Payment.--
            ``(1) In general.--A child is eligible for a kinship 
        guardianship assistance payment under this section if the State 
        agency determines the following:
                    ``(A) The child has been--
                            ``(i) removed from his or her home pursuant 
                        to a voluntary placement agreement or as a 
                        result of a judicial determination to the 
                        effect that continuation in the home would be 
                        contrary to the welfare of the child;
                            ``(ii) under the care of the State agency 
                        for the 12-month period ending on the date of 
                        the agency determination; and
                            ``(iii) eligible for foster care 
                        maintenance payments under section 472.
                    ``(B) Being returned home or adopted are not 
                appropriate permanency options for the child.
                    ``(C) The child demonstrates a strong attachment to 
                the prospective relative guardian and the relative 
                guardian has a strong commitment to caring permanently 
                for the child.
                    ``(D) With respect to a child who has attained 14 
                years of age, the child has been consulted regarding 
                the kinship guardianship arrangement.
            ``(2) Treatment of siblings.--With respect to a child 
        described in paragraph (1) whose sibling or siblings are not so 
        described--
                    ``(A) the child and any sibling of the child may be 
                placed in the same kinship guardianship arrangement if 
                the State agency and the relative agree on the 
                appropriateness of the arrangement for the siblings; 
                and
                    ``(B) kinship guardianship assistance payments may 
                be paid for the child and each sibling so placed.''.
    (b) Conforming Amendments.--
            (1) State plan requirement.--Section 471(a)(20) of such Act 
        (42 U.S.C. 671(a)(20)) is amended by striking ``before the 
        foster or adoptive parent may be finally approved for placement 
        of a child on whose behalf foster care maintenance payments or 
        adoption assistance payments'' and inserting ``or relative 
        guardian before the foster or adoptive parent or relative 
        guardian may be finally approved for placement of a child on 
        whose behalf foster care maintenance payments, adoption 
        assistance payments, or kinship guardianship assistance 
        payments''.
            (2) Payments to states.--Section 474(a) of such Act (42 
        U.S.C. 674(a)) is amended--
            (1) by striking the period at the end and inserting ``; 
        plus''; and
            (2) by adding at the end the following:
            ``(5) an amount equal to the Federal medical assistance 
        percentage (as defined in section 1905(b) of the total amount 
        expended during such quarter as kinship guardianship assistance 
        payments under section 472A pursuant to kinship guardianship 
        assistance agreements.''.
            (3) Definitions.--Section 475(1) of such Act (42 U.S.C. 
        675(1)) is amended by adding at the end the following:
                    ``(F) In the case of a child with respect to whom 
                the permanency plan is placement with a relative and 
                receipt of kinship guardianship assistance payments 
                under section 472A, a description of--
                            ``(i) the steps that the agency has taken 
                        to determine that it is not appropriate for the 
                        child to be returned home or adopted;
                            ``(ii) the reasons why a permanent 
                        placement with a fit and willing relative 
                        through a kinship guardianship assistance 
                        arrangement is in the child's best interests;
                            ``(iii) the ways in which the child meets 
                        the eligibility requirements for a kinship 
                        guardianship assistance payment;
                            ``(iv) the efforts the agency has made to 
                        discuss adoption by the child's relative foster 
                        parent as a more permanent alternative to legal 
                        guardianship and, in the case of a relative 
                        foster parent who has chosen not to pursue 
                        adoption, documentation of the reasons 
                        therefor; and
                            ``(v) the efforts made by the State agency 
                        to secure the consent of the child's parent or 
                        parents to the kinship guardianship assistance 
                        arrangement, or the reasons why the efforts 
                        were not made.''.

SEC. 403. MODIFICATIONS RELATING TO CHILD WELFARE DEMONSTRATION 
              PROJECTS.

    (a) Consideration of Demonstration Projects Promoting Child 
Protection Arrangements.--Section 1130(a)(3) of the Social Security Act 
(42 U.S.C. 1320a-9(a)(3)) is amended by adding at the end the 
following:
                    ``(D) If an appropriate application therefor is 
                submitted, the Secretary shall consider authorizing a 
                demonstration project which is designed to promote 
                community partnerships for protecting children, 
                including collaborative arrangements between child 
                welfare agencies and other public agencies or private 
                organizations which address child abuse, mental health, 
                early and periodic screening, diagnostic, and treatment 
                services, domestic violence, housing, education, or 
                early childhood activities.''.
    (b) Extension of Authority To Approve Demonstration Projects.--
Section 1130(a)(2) of such Act (42 U.S.C. 1320a-9(a)(2)) is amended by 
striking ``2002'' and inserting ``2008''.
    (c) Elimination of Limitation on Number of Waivers.--Section 
1130(a)(2) of such Act (42 U.S.C. 1320a-9(a)(2)) is amended by striking 
``not more than 10''.
    (d) Elimination of Limitation on Number of States That May Be 
Granted Waivers To Conduct Demonstration Projects on Same Topic.--
Section 1130 of such Act (42 U.S.C. 1320a-9) is amended by adding at 
the end the following:
    ``(h) No Limit on Number of States That May Be Granted Waivers To 
Conduct Same or Similar Demonstration Projects.--The Secretary shall 
not refuse to grant a waiver to a State under this section on the 
grounds that a purpose of the waiver or of the demonstration project 
for which the waiver is necessary would be the same as or similar to a 
purpose of another waiver or project that is or may be conducted under 
this section.''.
    (e) Elimination of Limitation on Number of Waivers That May Be 
Granted to a Single State for Demonstration Projects.--Section 1130 of 
such Act (42 U.S.C. 1320a-9) is further amended by adding at the end 
the following:
    ``(i) No Limit on Number of Waivers Granted to, or Demonstration 
Projects That May Be Conducted by, a Single State.--The Secretary shall 
not impose any limit on the number of waivers that may be granted to a 
State, or the number of demonstration projects that a State may be 
authorized to conduct, under this section.''.
    (f) Streamlined Process for Consideration of Amendments to and 
Extensions of Demonstration Projects Requiring Waivers.--Section 1130 
of such Act (42 U.S.C. 1320a-9) is further amended by adding at the end 
the following:
    ``(j) Streamlined Process for Consideration of Amendments and 
Extensions.--The Secretary shall develop a streamlined process for 
consideration of amendments and extensions proposed by States to 
demonstration projects conducted under this section.''.
    (g) Availability of Reports.--Section 1130 of such Act (42 U.S.C. 
1320a-9) is further amended by adding at the end the following:
    ``(k) Availability of Reports.--The Secretary shall make available 
to any State or other interested party any report provided to the 
Secretary under subsection (f)(2), and any evaluation or report made by 
the Secretary with respect to a demonstration project conducted under 
this section, with a focus on information that may promote best 
practices and program improvements.''.
    (h) Technical Correction.--Section 1130(b)(1) of such Act (42 
U.S.C. 1320a-9(b)(1)) is amended by striking ``422(b)(9)'' and 
inserting ``422(b)(10)''.

    TITLE V--ENSURING ADEQUATE FUNDING FOR PREVENTION AND ADOPTION 
                               ACTIVITIES

SEC. 501. ENSURING ADEQUATE FUNDING FOR PREVENTION AND ADOPTION 
              ACTIVITIES.

    (a) In General.--Subpart 2 of part B of title IV of the Social 
Security Act (42 U.S.C. 629-629i) is amended by striking sections 436 
and 437 and inserting the following:

``SEC. 436. APPROPRIATION; RESERVATION OF CERTAIN AMOUNTS.

    ``(a) Appropriation.--Out of any money in the Treasury of the 
United States not otherwise appropriated, there are appropriated to 
carry out this subpart $505,000,000 for each of fiscal years 2004 
through 2008.
    ``(b) Reservation of Certain Amounts.--From the amount specified in 
subsection (a) for any fiscal year, the Secretary shall reserve amounts 
as follows:
            ``(1) Evaluation, research, training, and technical 
        assistance.--The Secretary shall reserve $12,600,000 for 
        expenditure by the Secretary--
                    ``(A) for research, training, and technical 
                assistance costs related to the program under this 
                subpart; and
                    ``(B) for evaluation of State programs based on the 
                plans approved under section 432 and funded under this 
                subpart, and any other Federal, State, or local 
                program, regardless of whether federally assisted, that 
                is designed to achieve the same purposes as the State 
                programs.
            ``(2) State court improvements.--The Secretary shall 
        reserve $16,600,000 for grants under section 437.
            ``(3) Indian tribes.--The Secretary shall reserve 2 percent 
        for allotment to Indian tribes in accordance with section 
        433(a).''.
    (b) Conforming Amendments.--Such subpart is amended by 
redesignating sections 438 and 439 as sections 437 and 438, 
respectively.

                        TITLE VI--EFFECTIVE DATE

SEC. 601. EFFECTIVE DATE.

    Except as provided in section 401(c), this Act shall take effect on 
October 1, 2003.
                                 <all>