[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3379 Introduced in House (IH)]







109th CONGRESS
  1st Session
                                H. R. 3379

To amend part E of title IV of the Social Security Act to promote safe 
                and permanent homes for foster children.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 21, 2005

Mr. Davis of Illinois introduced the following bill; which was referred 
                   to the Committee on Ways and Means

_______________________________________________________________________

                                 A BILL


 
To amend part E of title IV of the Social Security Act to promote safe 
                and permanent homes for foster children.

    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 ``Stronger Families Act''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) By enacting the Adoption and Safe Families Act of 1997 
        (Public Law 105-89) and the Adoption Assistance and Child 
        Welfare Act of 1980 (Public Law 96-272), the Congress 
        recognized the need to align Federal incentives with the 
        desired goal of providing abused and neglected children safe, 
        permanent homes.
            (2) According to the nonpartisan Pew Commission on Children 
        in Foster Care composed of former Members of Congress of both 
        parties and other child welfare experts, between 1997 and 2002, 
        adoptions increased by 64 percent, and each state, the District 
        of Columbia, and Puerto Rico has earned an award for increasing 
        adoptions.
            (3) Adoption represents only one avenue to permanency for 
        children in the foster care system, affecting only 9 percent of 
        children in foster care in 2003. Adoption is not a viable 
        option for many children in foster care. Children living with 
        relatives are less likely to use adoption, and courts 
        explicitly rule out this permanency option for thousands of 
        children each year.
            (4) Moreover, adoption is not equally available to children 
        of all races and ethnicities. African-American children live in 
        kinship care arrangements more than in other types of care 
        arrangements and have a lower rate of adoption than other 
        children, making reunification and legal guardianship important 
        permanency options for this population.
            (5) Reunification and guardianship are central avenues by 
        which any child in foster care may enter stable, caring homes. 
        In 2002, 54 percent of children in foster care were reunified 
        with their parents and 4 percent obtained legal guardianship.
            (6) Moreover, Federal guidelines create a financial 
        disincentive to legal guardianship because all Federal support 
        ceases once guardianship is established, presenting an 
        overwhelming hardship for caretakers given the known health and 
        mental health problems of children who have been in foster 
        care. Research indicates that 30 to 40 percent of youth in 
        foster care experience chronic medical problems.
            (7) To help meet the needs of foster children with special 
        needs who are adopted, approximately $308 per month in Federal 
        funds is provided to their adoptive families. The Federal 
        Government pays approximately $383 per month to cover all 
        adoption assistance program costs, including monthly payments 
        to families, administration, and training.
            (8) Remaining in foster care when stable, permanent homes 
        are available places unnecessary burdens on States, 
        caseworkers, and families, requiring regular court appearances, 
        quarterly case reviews, monthly caseworker visits, and 
        government involvement in routine family activities and 
        decisions.

SEC. 3. PERMANENCY INCENTIVE PAYMENTS.

    (a) In General.--Section 473A of the Social Security Act (42 U.S.C. 
673a) is amended to read as follows:

``SEC. 473A. PERMANENCY INCENTIVE PAYMENTS.

    ``(a) Grant Authority.--Subject to the availability of such amounts 
as may be provided in advance in appropriations Acts for this purpose, 
the Secretary shall make a grant to each State that is an incentive-
eligible State for a fiscal year in an amount equal to the permanency 
incentive payment payable to the State under this section for the 
fiscal year, which shall be payable in the immediately succeeding 
fiscal year.
    ``(b) Incentive-Eligible State.--A State is an incentive-eligible 
State for a fiscal year if--
            ``(1) the State has a plan approved under this part for the 
        fiscal year;
            ``(2)(A)(i) the foster child adoption rate for the State 
        for the fiscal year exceeds the base foster child adoption rate 
        for the State for the fiscal year; or
            ``(ii) the older child adoption rate for the State for the 
        fiscal year exceeds the base older child adoption rate for the 
        State for the fiscal year;
            ``(B)(i) the guardianship placement rate for the State for 
        the fiscal year exceeds the base guardianship placement rate 
        for the State for the fiscal year; or
            ``(ii) the older child guardianship placement rate for the 
        State for the fiscal year exceeds the base older child 
        guardianship placement rate for the State for the fiscal year; 
        or
            ``(C) the reunification rate for the State for the fiscal 
        year exceeds the base reunification rate for the State for 
        respect to the fiscal year;
            ``(3) the State is in compliance with subsection (c) for 
        the fiscal year;
            ``(4) the State provides health insurance coverage to any 
        child with special needs (as determined under section 473(c)) 
        for whom there is in effect--
                    ``(A) an adoption assistance agreement between a 
                State and the adoptive parent or parents of the child; 
                or
                    ``(B) a guardianship agreement between a State and 
                the legal guardian or guardians of the child; and
            ``(5) the fiscal year is fiscal year 2006 or 2007.
    ``(c) Data Requirements.--
            ``(1) In general.--A State is in compliance with this 
        subsection for a fiscal year if the State has provided to the 
        Secretary the data described in paragraph (2)--
                    ``(A) for fiscal years 2004 and 2005 (or, if the 
                1st fiscal year for which the State seeks a grant under 
                this section is after fiscal year 2006, the 2 fiscal 
                years most immediately preceding such 1st fiscal year); 
                and
                    ``(B) for each fiscal year that succeeds the 2 
                fiscal years specified or referred to in subparagraph 
                (A) and that precedes the fiscal year referred to in 
                this paragraph in the matter preceding subparagraph 
                (A).
            ``(2) Determination of permancy placement rates based on 
        afcars data.--The Secretary shall determine the rates of each 
        type of adoption, guardianship placement, and reunification 
        described in this section in each State with respect to each of 
        fiscal years 2006 and 2007 on the basis of data meeting the 
        requirements of the system established pursuant to section 479, 
        as reported by the State and approved by the Secretary by 
        August 1 of the succeeding fiscal year.
            ``(3) No waiver of afcars requirements.--This section shall 
        not be construed to alter or affect any requirement of section 
        479 or of any regulation prescribed under such section with 
        respect to reporting of data by States, or to waive any penalty 
        for failure to comply with such a requirement.
    ``(d) Permanency Incentive Payment.--
            ``(1) In general.--Except as provided in paragraph (2), the 
        permanency incentive payment payable to a State for a fiscal 
        year under this section shall be equal to the sum of--
                    ``(A) $3,000, multiplied by the amount (if any) by 
                which the sum of the number of foster child adoptions, 
                the number of guardianship placements, and the number 
                of reunifications for the State for the fiscal year 
                exceeds the sum of--
                            ``(i) the number of foster child adoptions 
                        for the State for the fiscal year multiplied by 
                        the base foster child adoption rate for the 
                        State for the fiscal year;
                            ``(ii) the number of guardianship 
                        placements for the State for the fiscal year 
                        multiplied by the base guardianship placement 
                        rate for the State for the fiscal year; and
                            ``(iii) the number of reunifications for 
                        the State for the fiscal year multiplied by the 
                        base reunification rate for the State for the 
                        fiscal year;
                    ``(B) $1,500, multiplied by the amount (if any) by 
                which the sum of the number of special needs adoptions 
                that are not older child adoptions and the number of 
                special needs guardianship placements that are not 
                older child guardianship placements for the State for 
                the fiscal year exceeds the sum of--
                            ``(i) the number of special needs adoptions 
                        that are not older child adoptions for the 
                        State for the fiscal year, multiplied by the 
                        base rate of special needs adoptions that are 
                        not older child adoptions for the State for the 
                        fiscal year; and
                            ``(ii) the number of special needs 
                        guardianship placements that are not older 
                        child guardianship placements for the State for 
                        the fiscal year, multiplied by the base rate of 
                        special needs guardianship placements that are 
                        not older child guardianship placements for the 
                        State for the fiscal year; and
                    ``(C) $3,000, multiplied by the amount (if any) by 
                which the sum of the number of older child adoptions 
                and the number of older child guardianship placements 
                for the State for the fiscal year exceeds the sum of--
                            ``(i) the number of older child adoptions 
                        for the State for the fiscal year, mutiplied by 
                        the base older child adoption rate for the 
                        State for the fiscal year; and
                            ``(ii) the number of older child 
                        guardianship placements for the State for the 
                        fiscal year, mutiplied by the base older child 
                        guardianship placement rate for the State for 
                        the fiscal year.
            ``(2) Pro rata adjustment if insufficient funds 
        available.--For any fiscal year, if the total amount of 
        permanency incentive payments otherwise payable under this 
        section for a fiscal year exceeds the amount appropriated 
        pursuant to subsection (h) for the fiscal year, the amount of 
        the permanency incentive payment payable to each State under 
        this section for the fiscal year shall be--
                    ``(A) the amount of the permanency incentive 
                payment that would otherwise be payable to the State 
                under this section for the fiscal year; multiplied by
                    ``(B) the percentage represented by the amount so 
                appropriated for the fiscal year, divided by the total 
                amount of permanency incentive payments otherwise 
                payable under this section for the fiscal year.
    ``(e) 2-Year Availability of Incentive Payments.--Payments to a 
State under this section in a fiscal year shall remain available for 
use by the State through the end of the succeeding fiscal year.
    ``(f) Limitations on Use of Incentive Payments.--A State shall not 
expend an amount paid to the State under this section except to provide 
to children or families any service (including post-permanency 
services) that may be provided under part B or E. Amounts expended by a 
State in accordance with the preceding sentence shall be disregarded in 
determining State expenditures for purposes of Federal matching 
payments under sections 423, 434, and 474.
    ``(g) Definitions.--In this section:
            ``(1) Foster child adoption.--The term `foster child 
        adoption' means, with respect to a State and a fiscal year, a 
        final adoption of a child if--
                    ``(A) at the time of adoptive placement, the child 
                was in foster care under the supervision of the State; 
                and
                    ``(B) during the fiscal year, the period for which 
                the adoption has lasted has become 12 months.
            ``(2) Special needs adoption.--The term `special needs 
        adoption' means, with respect to a State and a fiscal year, a 
        final adoption of a child if--
                    ``(A) there is in effect for the child an adoption 
                assistance agreement entered into by the State under 
                section 473;
                    ``(B) the child is a child with special needs for 
                purposes of this section; and
                    ``(C) during the fiscal year, the period for which 
                the adoption has lasted has become 12 months.
            ``(3) Older child adoption.--The term `older child 
        adoption' means, with respect to a State and a fiscal year, the 
        final adoption in the State of a child who has attained 9 years 
        of age if--
                    ``(A)(i) at the time of the adoptive placement, the 
                child was in foster care under the responsibility of 
                the State; or
                    ``(ii) an adoption assistance agreement for the 
                child is in effect under section 473 with respect to 
                the child; and
                    ``(B) during the fiscal year, the period for which 
                the adoption has lasted has become 12 months.
            ``(4) Guardianship placement.--The term `guardianship 
        placement' means, with respect to a State and a fiscal year, 
        the placement of a child with a caretaker pursuant to a legal 
        guardianship if--
                    ``(A) immediately before the placement, the child 
                had been in foster care under the responsibility of the 
                State for no less than 12 months;
                    ``(B) the State has determined that neither being 
                returned home nor being adopted is an appropriate 
                permanency option for the child; and
                    ``(C) during the fiscal year, the period for which 
                the placement has lasted has become 12 months.
            ``(5) Special needs guardianship placement.--The term 
        `special needs guardianship placement' means, with respect to a 
        fiscal year, a guardianship placement, with respect to the 
        fiscal year, of a child with special needs.
            ``(6) Older child guardianship placement.--The term `older 
        child guardianship placement' means, with respect to a State 
        and a fiscal year, a guardianship placement of a child who has 
        attained 9 years of age if, at the time of the guardianship 
        placement, the child was in foster care under the supervision 
        of the State.
            ``(7) Reunification.--The term `reunification' means, with 
        respect to a State and a fiscal year, the reuniting of a child 
        who is in foster care under the responsibility of the State 
        with the family from whom the child was removed if--
                    ``(A) immediately before the reuniting, the child 
                had been in such care for not less than 1 month; and
                    ``(B) during the fiscal year, the period for which 
                the child has remained reunited with the family has 
                become 12 months
            ``(8) Foster child adoption rate.--The term `foster child 
        adoption rate' means, with respect to a State and a fiscal 
        year, of the children in foster care under the responsibility 
        of the State, the percentage who became subject to a foster 
        child adoption during the fiscal year.
            ``(9) Base foster child adoption rate.--The term `base 
        foster child adoption rate' means, with respect to a State 
        and--
                    ``(A) fiscal year 2006, the foster child adoption 
                rate for the State for fiscal year 2005; or
                    ``(B) any subsequent fiscal year, the foster child 
                adoption rate for the State for the fiscal year for 
                which the rate is the greatest in the period that 
                begins with fiscal year 2005 and ends with the fiscal 
                year preceding that subsequent fiscal year.
            ``(10) Older child adoption rate.--The term `older child 
        adoption rate' means, with respect to a State and a fiscal 
        year, of the children in foster care under the responsibility 
        of the State, the percentage who--
                    ``(A) have attained 9 years of age; and
                    ``(B) became subject to an older child adoption 
                during the fiscal year.
            ``(11) Base older child adoption rate.--The term `base 
        older child adoption rate' means, with respect to a State and--
                    ``(A) fiscal year 2006, the older child adoption 
                rate for the State for fiscal year 2005; and
                    ``(B) any subsequent fiscal year, the older child 
                adoption rate for the State for the fiscal year for 
                which the rate is the greatest in the period that 
                begins with fiscal year 2005 and ends with the fiscal 
                year preceding that subsequent fiscal year.
            ``(12) Guardianship placement rate.--The term `guardianship 
        placement rate' means, with respect to a State and a fiscal 
        year, of the children in foster care under the responsibility 
        of the State, the percentage who became subject to a 
        guardianship placement during the fiscal year.
            ``(13) Base guardianship placement rate.--The term `base 
        guardianship placement rate' means, with respect to a State 
        and--
                    ``(A) fiscal year 2006, the guardianship placement 
                rate for the State for fiscal year 2005; or
                    ``(B) any subsequent fiscal year, the guardianship 
                placement rate for the State for the fiscal year for 
                which the rate is the greatest in the period that 
                begins with fiscal year 2005 and ends with the fiscal 
                year preceding that subsequent fiscal year.
            ``(14) Older child guardianship placement rate.--The term 
        `older child guardianship placement rate' means, with respect 
        to a State and a fiscal year, of the children in foster care 
        under the responsibility of the State, the percentage who--
                    ``(A) have attained 9 years of age; and
                    ``(B) during the fiscal year, became subject to an 
                older child guardianship placement.
            ``(15) Base older child guardianship placement rate.--The 
        term `base older child guardianship placement rate' means, with 
        respect to a State and--
                    ``(A) fiscal year 2006, the older child 
                guardianship placement rate for the State for fiscal 
                year 2005; or
                    ``(B) any subsequent fiscal year, the older child 
                guardianship placement rate for the State for the 
                fiscal year for which the rate is the greatest in the 
                period that begins with fiscal year 2005 and ends with 
                the fiscal year preceding that subsequent fiscal year.
            ``(16) Reunification rate.--The term `reunification rate' 
        means, with respect to a State and a fiscal year, of the 
        children in foster care under the responsibility of the State, 
        the percentage who become subject to a reunification during the 
        fiscal year.
            ``(17) Base reunification rate.--The term `base 
        reunification rate' means, with respect to a State and--
                    ``(A) fiscal year 2006, the reunification rate for 
                the State for fiscal year 2005; or
                    ``(B) any subsequent fiscal year, the reunification 
                rate for the State for the fiscal year for which the 
                rate is the greatest in the period that begins with 
                fiscal year 2005 and ends with the fiscal year 
                preceding that subsequent fiscal year.
            ``(18) Base rate of special needs adoptions that are not 
        older child adoptions.--The term `base rate of special needs 
        adoptions that are not older child adoptions' means, with 
        respect to a State and--
                    ``(A) fiscal year 2006, the rate of special needs 
                adoptions that are not older child adoptions for the 
                State for fiscal year 2005; or
                    ``(B) any subsequent fiscal year, the rate of 
                special needs adoptions that are not older child 
                adoptions for the State for the fiscal year for which 
                the rate is the greatest in the period that begins with 
                fiscal year 2005 and ends with the fiscal year 
                preceding that subsequent fiscal year.
            ``(19) Rate of special needs adoptions that are not older 
        child adoptions.--The term `rate of special needs adoptions 
        that are not older child adoptions' means, with respect to a 
        State and a fiscal year, of the children in foster care under 
        the responsibility of the State, the percentage who--
                    ``(A) are children with special needs;
                    ``(B) have not attained 9 years of age; and
                    ``(C) during the fiscal year, became subject to a 
                special needs adoption.
            ``(20) Base rate of special needs guardianship placements 
        that are not older child guardianship placements.--The term 
        `base rate of special needs guardianship placements that are 
        not older child guardianship placements' means, with respect to 
        a State and--
                    ``(A) fiscal year 2006, the rate of special needs 
                guardianship placements that are not older child 
                guardianship placements for the State for fiscal year 
                2005; or
                    ``(B) any subsequent fiscal year, the rate of 
                special needs guardianship placements that are not 
                older child guardianship placements for the State for 
                the fiscal year for which the rate is the greatest in 
                the period that begins with fiscal year 2005 and ends 
                with the fiscal year preceding that subsequent fiscal 
                year.
            ``(21) Child with special needs.-- For purposes of this 
        section, a child shall not be considered a child with special 
        needs unless--
                    ``(A) the State has determined that the child 
                cannot or should not be returned to the home of his 
                parents; and
                    ``(B) the State had first determined that there 
                exists with respect to the child a specific factor or 
                condition (such as his ethnic background, age, or 
                membership in a minority or sibling group, or the 
                presence of factors such as medical conditions or 
                physical, mental or emotional handicaps) because of 
                which it is reasonable to conclude that such child 
                cannot be placed with `adoptive parents or' a guardian 
                without providing medical assistance under title XIX.
    ``(h) Limitations on Authorization of Appropriations.--
            ``(1) In general.--For grants under subsection (a), there 
        are authorized to be appropriated to the Secretary $43,000,000 
        for each of fiscal years 2006 through 2008.
            ``(2) Availability.--Amounts appropriated under paragraph 
        (1), or under any other law for grants under subsection (a), 
        are authorized to remain available until expended, but not 
        after fiscal year 2008.
    ``(i) Technical Assistance.--
            ``(1) In general.--The Secretary may, directly or through 
        grants or contracts, provide technical assistance to assist 
        States and local communities to reach their targets for 
        increased rates of adoptions, guardianships, and reunifications 
        for children in foster care.
            ``(2) Description of the character of the technical 
        assistance.--The technical assistance provided under paragraph 
        (1) may support the goal of encouraging more adoptions out of 
        the foster care system when adoptions promote the best 
        interests of children, and more permanency placements of other 
        kinds out of the foster care system when such other kinds of 
        placements promote the best interests of children, and may 
        include the following:
                    ``(A) The development of best practice guidelines 
                for expediting termination of parental rights.
                    ``(B) Models to encourage the use of concurrent 
                planning.
                    ``(C) The development of specialized units and 
                expertise in moving children toward adoption, 
                guardianship, or reunification as a permanency goal 
                through the use of established best practices in these 
                areas.
                    ``(D) The development of risk assessment tools to 
                facilitate early identification of the children who 
                will be at risk of harm if returned home.
                    ``(E) Models to encourage the fast tracking of 
                children who have not attained 1 year of age into pre-
                adoptive placements.
                    ``(F) Development of programs that place children 
                into pre-adoptive families without waiting for 
                termination of parental rights.
            ``(3) Targeting of technical assistance to the courts.--Not 
        less than 50 percent of any amount appropriated pursuant to 
        paragraph (4) shall be used to provide technical assistance to 
        the courts.
            ``(4) Limitations on authorization of appropriations.--To 
        carry out this subsection, there are authorized to be 
        appropriated to the Secretary not to exceed $10,000,000 for 
        each of fiscal years 2006 and 2007.''.
    (b) Determination of Whether AFCARS Can Be Used to Provide Data 
Necessary for Calculating Permanency Incentive Payments; Authority to 
Prescribe Additional Regulations If Required.--The Secretary shall 
determine whether the system established pursuant to section 479 of the 
Social Security Act is capable of being used to collect the data 
necessary to enable permanency incentive payments to be calculated 
under section 473A of such Act in a timely manner, and if not, the 
Secretary shall prescribe such regulations as may be necessary to make 
the system so capable.
    (c) Effective Date.--The amendment made by subsection (a) shall 
take effect on October 1, 2005.
                                 <all>