[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1679 Introduced in Senate (IS)]


109th CONGRESS
  1st Session
                                S. 1679

 To amend part E of title IV of the Social Security Act to strengthen 
          courts for at-risk children, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 12, 2005

 Mr. DeWine (for himself and Mr. Rockefeller) introduced the following 
  bill; which was read twice and referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL


 
 To amend part E of title IV of the Social Security Act to strengthen 
          courts for at-risk children, and for other purposes.

    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 ``Working to Enhance Courts for At-
Risk and Endangered Kids Act of 2005''.

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--COLLABORATION AMONG STATE IV-B AND IV-E AGENCY AND COURTS

Sec. 101. Collaboration on child and family services plans, child and 
                            family service reviews, program improvement 
                            plans, and court improvement program plans.
Sec. 102. Multidisciplinary, broad-based State child welfare 
                            commissions.
Sec. 103. Training for abuse and neglect court personnel.
Sec. 104. Reservation of funds for collaboration support.
  TITLE II--OUTCOME PERFORMANCE STANDARDS FOR ABUSE AND NEGLECT COURTS

Sec. 201. Outcome performance standards for abuse and neglect courts.
                    TITLE III--COURT MODEL STANDARDS

Sec. 301. Standards, training, and technical assistance for attorneys.
Sec. 302. Loan forgiveness for attorneys who represent low-income 
                            families or individuals involved in the 
                            family or domestic relations court system.
Sec. 303. Loan forgiveness to social workers who work for child 
                            protective agencies.
Sec. 304. Reauthorization of court-appointed special advocate (CASA) 
                            programs and increased funding for 
                            expansion in rural and underserved urban 
                            areas.
   TITLE IV--CLARIFICATION ON STATE FLEXIBILITY FOR PUBLIC ACCESS TO 
                                 COURTS

Sec. 401. Clarification on State flexibility for public access to 
                            courts.
                       TITLE V--COURT LEADERSHIP

Sec. 501. Sense of the Senate regarding State court leadership.
   TITLE VI--SAFE AND TIMELY INTERSTATE PLACEMENT OF FOSTER CHILDREN

Sec. 601. Sense of Congress.
Sec. 602. Orderly and timely process for interstate placement of 
                            children.
Sec. 603. Home studies.
Sec. 604. Requirement to complete background checks before approval of 
                            any foster or adoptive placement and to 
                            check child abuse registries; grandfather 
                            of opt-out election; limited 
                            nonapplication.
Sec. 605. Courts allowed access to the Federal parent locator service 
                            to locate parents in foster care or 
                            adoptive placement cases.
Sec. 606. Caseworker visits.
Sec. 607. Health and education records.
Sec. 608. Right to be heard in foster care proceedings.
Sec. 609. Court improvement.
Sec. 610. Reasonable efforts.
Sec. 611. Case plans.
Sec. 612. Case review system.
Sec. 613. Use of interjurisdictional resources.
                       TITLE VII--EFFECTIVE DATE

Sec. 701. Effective date.

   TITLE I--COLLABORATION AMONG STATE IV-B AND IV-E AGENCY AND COURTS

SEC. 101. COLLABORATION ON CHILD AND FAMILY SERVICES PLANS, CHILD AND 
              FAMILY SERVICE REVIEWS, PROGRAM IMPROVEMENT PLANS, AND 
              COURT IMPROVEMENT PROGRAM PLANS.

    (a) IV-B State Plans Requirement.--
            (1) State plans for child welfare services.--Section 422(b) 
        of the Social Security Act (42 U.S.C. 622(b)) is amended--
                    (A) in paragraph (13), by striking ``and'' at the 
                end;
                    (B) in paragraph (14), by striking the period at 
                the end and inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(15) provide that, not later than 3 years after the date 
        of enactment of the Working to Enhance Courts for At-Risk and 
        Endangered Kids Act of 2005, the State agency responsible for 
        administering the State plan under this subpart shall 
        demonstrate to the Secretary evidence of substantial, ongoing, 
        and meaningful collaboration among the State agency, State 
        court leaders and abuse and neglect courts located in the 
        State, and Indian tribes and tribal organizations located in 
        the State, with respect to the State plan under this subpart, 
        the State plan under subpart 2, the State plan under part E, 
        child and family services reviews required under section 1123A 
        (including the development and implementation of a statewide 
        assessment as part of the conformity reviews and corrective 
        action plans required under that section), and assessments and 
        implementation of improvements required under section 438, 
        through means such as--
                    ``(A) meeting regularly to review policies and 
                procedures;
                    ``(B) sharing data and information;
                    ``(C) providing joint training; and
                    ``(D) engaging in other ongoing efforts for 
                improved decisions and outcomes for children receiving 
                assistance or services funded under the programs 
                authorized under this part and part E of this title.''.
            (2) Family preservation and support services plans.--
        Section 432(a) of the Social Security Act (42 U.S.C. 629b(a)) 
        is amended--
                    (A) in paragraph (8), by striking ``and'' at the 
                end;
                    (B) in paragraph (9), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end, the following:
            ``(10) provides that, not later than 3 years after the date 
        of enactment of the Working to Enhance Courts for At-Risk and 
        Endangered Kids Act of 2005, the State agency responsible for 
        administering the State plan under this subpart shall 
        demonstrate to the Secretary evidence of substantial, ongoing, 
        and meaningful collaboration among the State agency, State 
        court leaders and abuse and neglect courts located in the 
        State, and Indian tribes and tribal organizations located in 
        the State, with respect to the State plan under this subpart, 
        the State plan under subpart 1, the State plan under part E, 
        child and family services reviews required under section 1123A 
        (including the development and implementation of a statewide 
        assessment as part of the conformity reviews and corrective 
        action plans required under that section), and assessments and 
        implementation of improvements required under section 438, 
        through means such as--
                    ``(A) meeting regularly to review policies and 
                procedures;
                    ``(B) sharing data and information;
                    ``(C) providing joint training; and
                    ``(D) engaging in other ongoing efforts for 
                improved decisions and outcomes for children receiving 
                assistance or services funded under the programs 
                authorized under this part and part E of this title.''.
    (b) IV-E State Plan Requirement.--Section 471(a) of the Social 
Security Act (42 U.S.C. 671(a)) is amended--
            (1) in paragraph (23)(B), by striking ``and'' at the end;
            (2) in paragraph (24), by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following:
            ``(25) provides that, not later than 3 years after the date 
        of enactment of the Working to Enhance Courts for At-Risk and 
        Endangered Kids Act of 2005, the State agency responsible for 
        administering the State plan under this part shall demonstrate 
        to the Secretary evidence of substantial, ongoing, and 
        meaningful collaboration among the State agency, State court 
        leaders and abuse and neglect courts located in the State, and 
        Indian tribes and tribal organizations located in the State, 
        with respect to the State plan under this part, the State plan 
        under subpart 1 of part B, the State plan under subpart 2 of 
        part B, child and family services reviews required under 
        section 1123A (including the development and implementation of 
        a statewide assessment as part of the conformity reviews and 
        corrective action plans required under that section), and 
        assessments and implementation of improvements required under 
        section 438, through means such as--
                    ``(A) meeting regularly to review policies and 
                procedures;
                    ``(B) sharing data and information;
                    ``(C) providing joint training; and
                    ``(D) engaging in other ongoing efforts for 
                improved decisions and outcomes for children receiving 
                assistance or services funded under the programs 
                authorized under this part and part B of this title.''.
    (c) Child and Family Services Programs Review Requirement.--Section 
1123A of the Social Security Act (42 U.S.C. 1320a-2a) is amended by 
adding at the end the following:
    ``(d) Demonstration of Collaboration.--
            ``(1) In general.--Not later than 3 years after the date of 
        enactment of the Working to Enhance Courts for At-Risk and 
        Endangered Kids Act of 2005, the regulations referred to in 
        subsection (a) shall require the State agency responsible for 
        administering the programs authorized under subpart 1 of part B 
        of title IV, subpart 2 of part B of title IV, and part E of 
        title IV to demonstrate to the Secretary evidence of 
        substantial, ongoing, and meaningful collaboration among the 
        State agency, State court leaders and abuse and neglect courts 
        located in the State, and Indian tribes and tribal 
        organizations located in the State, with respect to the child 
        and family services reviews required under this section 
        (including the development and implementation of a statewide 
        assessment as part of the conformity reviews and corrective 
        action plans required under this section), the State plan under 
        subpart 1 of part B of title IV, the State plan under subpart 2 
        of part B of title IV, the State plan under part E of title IV, 
        and assessments and implementation of improvements required 
        under section 438, through means such as--
                    ``(A) meeting regularly to review policies and 
                procedures;
                    ``(B) sharing data and information;
                    ``(C) providing joint training; and
                    ``(D) engaging in other ongoing efforts for 
                improved decisions and outcomes for children receiving 
                assistance or services funded under the programs 
                authorized under parts B and E of title IV.
            ``(2) Definitions.--In this subsection:
                    ``(A) Abuse and neglect courts.--The term `abuse 
                and neglect courts' has the meaning given that term in 
                section 475(8).
                    ``(B) Indian tribe.--The term `Indian tribe' has 
                the meaning given that term in section 102(2) of the 
                Federally Recognized Indian Tribe List Act of 1994 (25 
                U.S.C. 479a(2)).
                    ``(C) Tribal organization.--The term `tribal 
                organization' has the meaning given that term in 
                section 4(l) of the Indian Self-Determination and 
                Education Assistance Act (25 U.S.C. 450b(l).''.
    (d) Court Improvement Program Requirement.--Section 438 of the 
Social Security Act (42 U.S.C. 629h) is amended by adding at the end 
the following:
    ``(e) Demonstration of Collaboration.--Beginning on the date that 
is 3 years after the date of enactment of the Working to Enhance Courts 
for At-Risk and Endangered Kids Act of 2005, the highest State court in 
a State shall not be eligible for a grant under this section with 
respect to any fiscal year beginning on or after such date (or to 
continue to receive funding under a grant awarded under this section 
prior to such date), unless the court demonstrates to the Secretary 
evidence of substantial, ongoing, and meaningful collaboration among 
the State court leaders and abuse and neglect courts located in the 
State, the State agency responsible for administering the State plans 
under this subpart, subpart 1, and part E, and Indian tribes and tribal 
organizations located in the State with respect to the development and 
conduct of the assessments required under this section, the 
implementation of the improvements deemed necessary as a result of such 
assessments, the child and family services reviews required under 
section 1123A (including the development and implementation of a 
statewide assessment as part of the conformity reviews and corrective 
action plans required under that section), and the State plans under 
subpart 1 of part B of title IV, subpart 2 of part B of title IV, and 
part E of title IV. Demonstration of such collaboration may be made 
through means such as--
            ``(1) meeting regularly to review policies and procedures;
            ``(2) sharing data and information;
            ``(3) providing joint training; and
            ``(4) engaging in other ongoing efforts for improved 
        decisions and outcomes for children receiving assistance or 
        services funded under the programs authorized under parts B and 
        E of title IV.''.
    (d) Definitions of Abuse and Neglect Court; Indian Tribe; Tribal 
Organization.--
            (1) In general.--Section 475 of the Social Security Act (42 
        U.S.C. 675) is amended by adding at the end the following:
            ``(8) The term `abuse and neglect courts' means the State, 
        local, and tribal courts that carry out State, local, or tribal 
        laws requiring proceedings (conducted by or under the 
        supervision of the courts)--
                    ``(A) that implement part B or part E of this title 
                (including preliminary disposition of such 
                proceedings);
                    ``(B) that determine whether a child was abused or 
                neglected;
                    ``(C) that determine the advisability or 
                appropriateness of foster care placement; or
                    ``(D) that determine any other legal disposition of 
                a child in the abuse and neglect court system.
            ``(9) The term `Indian tribe' has the meaning given that 
        term in section 102(2) of the Federally Recognized Indian Tribe 
        List Act of 1994 (25 U.S.C. 479a(2)).
            ``(10) The term `tribal organization' has the meaning given 
        that term in section 4(l) of the Indian Self-Determination and 
        Education Assistance Act (25 U.S.C. 450b(l).''.
            (2) Conforming amendments.--
                    (A) Section 428(c) of the Social Security Act (42 
                U.S.C. 628) is amended by striking ``by subsections (e) 
                and (l) of section 4 of the Indian Self-Determination 
                and Education Assistance Act (25 U.S.C. 450b), 
                respectively'' and inserting ``in paragraphs (9) and 
                (10), respectively, of section 475''.
                    (B) Section 431(a) of the Social Security Act (42 
                U.S.C. 629a(a)(6)) is amended by striking paragraphs 
                (5) and (6) and inserting the following:
            ``(5) Tribal organization.--The term `tribal organization' 
        has the meaning given that term in section 475(10).
            ``(6) Indian tribe.--The term `Indian tribe' has the 
        meaning given that term in section 475(9).''.

SEC. 102. MULTIDISCIPLINARY, BROAD-BASED STATE CHILD WELFARE 
              COMMISSIONS.

    (a) In General.--Part A of title XI of the Social Security Act (42 
U.S.C. 1301 et seq.) is amended by inserting after section 1123A, the 
following:

    ``multidisciplinary, broad-based state child welfare commissions

    ``Sec. 1123B. (a) In General.--Not later than 1 year after the date 
of enactment of the Working to Enhance Courts for At-Risk and 
Endangered Kids Act of 2005, each State administering a program 
established under part B or E of title IV, shall establish a permanent, 
multidisciplinary, broad-based commission on State child welfare 
programs for the purposes of--
            ``(1) ensuring ongoing collaboration among State, local, 
        and tribal agencies and other community organizations that 
        serve children who have been abused or neglected, are in foster 
        care, or are receiving child welfare services; and
            ``(2) furthering the goal of providing all children with 
        safe, permanent families in which their physical, emotional, 
        and social needs are met.
    ``(b) Co-Chairs.--The co-chairs of the Commission shall be the 
Chief Justice for the State or his or her designee and the head of the 
State agency responsible for administering the State child welfare 
programs or his or her designee.
    ``(c) Composition.--The Commission shall include representatives 
of--
            ``(1) State, local, and tribal agencies and other community 
        organizations that serve children who have been abused or 
        neglected, are in foster care, or are receiving child welfare 
        services;
            ``(2) schools;
            ``(3) health care agencies or providers;
            ``(4) mental health agencies or providers;
            ``(5) child care agencies or providers;
            ``(6) abuse and neglect courts;
            ``(7) the legal and law enforcement communities;
            ``(8) consumers of child welfare services, to include 
        parents, current or former foster youth, and child advocates; 
        and
            ``(9) such other organizations, entities, or individuals as 
        the co-chairs of the Commission determine to be appropriate.
    ``(d) Duties.--The Commission shall--
            ``(1) monitor and report to the Secretary and the public on 
        the extent to which the State child welfare programs and abuse 
        and neglect courts are responsive to the needs of children in 
        their care;
            ``(2) develop and submit a report to the Secretary and the 
        public on plans to establish ongoing collaboration among State, 
        local, and tribal agencies and other community organizations 
        that serve children who have been abused or neglected, are in 
        foster care, or are receiving child welfare services, which 
        shall include recommendations for the appropriate use of 
        aggregate data and information sharing to improve outcomes for 
        such children;
            ``(3) provide ongoing continuity for the collaboration 
        procedures established in accordance with such plan;
            ``(4) broaden public awareness of, and support for, meeting 
        the needs of vulnerable children and families, including the 
        need for sufficient mental health, health care, education, 
        child care, and other services; and
            ``(5) perform such other tasks as the co-chairs of the 
        Commission determines to be appropriate.
    ``(e) Definitions.--In this section:
            ``(1) Abuse and neglect courts.--The term `abuse and 
        neglect courts' has the meaning given that term in section 
        475(8).
            ``(2) Commission.--The term `Commission' means the 
        commission required to be established under subsection (a).
            ``(3) State child welfare programs.--The term `State child 
        welfare programs' means the programs authorized under parts B 
        and E of title IV.
            ``(4) Tribal agencies.--The term `tribal agencies' means an 
        agency of an Indian tribe (as defined in section 475(9)).''.
    (b) State Plan Requirement.--Section 471(a) of the Social Security 
Act (42 U.S.C. 671(a)), as amended by section 101(b), is amended--
            (1) in paragraph (24), by striking ``and'' at the end;
            (2) in paragraph (25), by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following:
            ``(26) provides that the State, not later than 1 year after 
        the date of enactment of the Working to Enhance Courts for At-
        Risk and Endangered Kids Act of 2005, shall establish the 
        multidisciplinary, broad-based child welfare commission 
        required under section 1123B.''.

SEC. 103. TRAINING FOR ABUSE AND NEGLECT COURT PERSONNEL.

    Section 438 of the Social Security Act (42 U.S.C. 629h), as amended 
by section 101(d), is amended--
            (1) by redesignating subsection (f) as subsection (g); and
            (2) by inserting after subsection (e) the following:
    ``(f) Training for Abuse and Neglect Court Personnel.--
            ``(1) Authority to award grants.--In addition to any other 
        funds paid to a highest State court under this section for 
        fiscal year 2006 or any fiscal year thereafter, the Secretary 
        shall award grants to highest State courts for the purpose of 
        training judges, court personnel, attorneys, and other legal 
        personnel of abuse and neglect courts on issues relevant to the 
        proceedings conducted by such courts, such as child development 
        and other training needs specific to that court in the State.
            ``(2) Joint-training initiatives.--A highest State court 
        awarded a grant under this subsection for a fiscal year shall 
        ensure that a significant portion of the funds made available 
        under the grant is used for cross-training initiatives that are 
        jointly planned and executed with the State agency responsible 
        for administering the programs authorized under this part and 
        part E of this title, and Indian tribes and tribal 
        organizations located in the State.
            ``(3)  Appropriation.--Out of any money in the Treasury of 
        the United States not otherwise appropriated, there are 
        appropriated for fiscal year 2006, $10,000,000 for making 
        grants under this subsection.''.

SEC. 104. RESERVATION OF FUNDS FOR COLLABORATION SUPPORT.

    Sections 436(b) and 437(b) of the Social Security Act (42 U.S.C. 
629f(b), 629g(b)) are each amended by adding at the end the following:
            ``(4) Collaboration.--The Secretary shall reserve 2 percent 
        for making grants to support the development and implementation 
        of ongoing and meaningful collaboration among the State court 
        leaders and abuse and neglect courts located in the State, the 
        State agency responsible for administering the State plans 
        under this subpart, subpart 1, and part E, and Indian tribes 
        and tribal organizations located in the State with respect to 
        the State plans under this subpart, subpart 1, and part E, the 
        development and conduct of the assessments required under 
        section 438 and the implementation of the improvements deemed 
        necessary as a result of such assessments, and the child and 
        family services reviews required under section 1123A (including 
        the development and implementation of a statewide assessment as 
        part of the conformity reviews and corrective action plans 
        required under that section).''.

  TITLE II--OUTCOME PERFORMANCE STANDARDS FOR ABUSE AND NEGLECT COURTS

SEC. 201. OUTCOME PERFORMANCE STANDARDS FOR ABUSE AND NEGLECT COURTS.

    Section 438 of the Social Security Act (42 U.S.C. 629h), as amended 
by section 103, is amended--
            (1) by redesignating subsection (g) as subsection (h); and
            (2) by inserting after subsection (f) the following:
    ``(g) Outcome Performance Standards for Abuse and Neglect Courts.--
            ``(1) Authority to award grants.--
                    ``(A) In general.--In addition to any other funds 
                paid to a highest State court under this section for 
                fiscal year 2006, the Secretary shall award grants to 
                highest State courts for the purpose of developing and 
                implementing outcome performance standards for State 
                abuse and neglect courts in order to achieve the goals 
                of the programs authorized under this part, part E, and 
                the Adoption and Safe Families Act of 1997 (Public Law 
                105-89; 111 Stat. 2115).
                    ``(B) Requirements.--
                            ``(i) In general.--A highest State court 
                        that receives a grant under this subsection 
                        shall use funds provided under the grant to 
                        develop and implement outcome performance 
                        standards and measurements for State abuse and 
                        neglect courts with respect to the following 
                        areas:
                                    ``(I) Safety.
                                    ``(II) Permanency.
                                    ``(III) Due Process.
                                    ``(IV) Timeliness.
                            ``(ii) Recommended standards.--Outcome 
                        performance standards and measurements 
                        developed and implemented with funds provided 
                        under a grant made under this subsection shall 
                        be reasonably in accord with recommended 
                        standards and measurements for the areas 
                        described in subclauses (I) through (IV) of 
                        clause (ii) issued by national organizations 
                        concerned with such standards and measurements.
            ``(2) Applications.--In order to be eligible for a grant 
        under this subsection, a highest State court shall submit to 
        the Secretary an application at such time, in such form, and 
        including such information and assurances as the Secretary 
        shall require.
            ``(3) Allotments.--
                    ``(A) In general.--Each highest State court which 
                has an application approved under paragraph (2) shall 
                be entitled to payment for a fiscal year specified in 
                paragraph (1) from the amount appropriated pursuant to 
                paragraph (4) for a fiscal year of an amount equal to 
                the sum of $85,000 plus the amount described in 
                subparagraph (B) for the fiscal year.
                    ``(B) Formula.--The amount described in this 
                subparagraph for any fiscal year is the amount that 
                bears the same ratio to the amount appropriated 
                pursuant to paragraph (4) for a fiscal year (reduced by 
                the dollar amount specified in subparagraph (A) for the 
                fiscal year) as the number of individuals in the State 
                who have not attained 21 years of age bears to the 
                total number of such individuals in all States with 
                highest State courts that have approved applications 
                under paragraph (2).
            ``(4)  Appropriation.--Out of any money in the Treasury of 
        the United States not otherwise appropriated, there are 
        appropriated for fiscal year 2006, $10,000,000 for making 
        grants under this subsection.''.

                    TITLE III--COURT MODEL STANDARDS

SEC. 301. STANDARDS, TRAINING, AND TECHNICAL ASSISTANCE FOR ATTORNEYS.

    Section 471(a) of the Social Security Act (42 U.S.C. 671(a)), as 
amended by section 102(b), is amended--
            (1) in paragraph (25), by striking ``and'' at the end;
            (2) in paragraph (26), by striking the period and inserting 
        ``; and''; and
            (3) by adding at the end the following:
            ``(27) provides that, not later than January 1, 2009, the 
        State shall develop and encourage the implementation of 
        practice standards for all attorneys representing the State or 
        local agency administering the program under this part, 
        including standards regarding the interaction of such attorneys 
        with other attorneys who practice before an abuse and neglect 
        court.''.

SEC. 302. LOAN FORGIVENESS FOR ATTORNEYS WHO REPRESENT LOW-INCOME 
              FAMILIES OR INDIVIDUALS INVOLVED IN THE FAMILY OR 
              DOMESTIC RELATIONS COURT SYSTEM.

    (a) Purposes.--The purposes of this section are--
            (1) to encourage attorneys to enter the field of family 
        law, juvenile law, or domestic relations law;
            (2) to increase the number of attorneys who will represent 
        low-income families and individuals, and who are trained and 
        educated in such field; and
            (3) to keep more highly trained family law, juvenile law, 
        and domestic relations attorneys in those fields of law for 
        longer periods of time.
    (b) Loan Forgiveness for Family or Domestic Relations Attorneys.--
Part B of title IV of the Higher Education Act of 1965 (20 U.S.C. 1071 
et seq.) is amended by inserting after section 428K (20 U.S.C. 1078-11) 
the following:

``SEC. 428L. LOAN FORGIVENESS FOR FAMILY LAW, JUVENILE LAW, AND 
              DOMESTIC RELATIONS ATTORNEYS WHO WORK IN THE DEFENSE OF 
              LOW-INCOME FAMILIES, INDIVIDUALS, OR CHILDREN.

    ``(a) Definitions.--In this section:
            ``(1) Eligible loan.--The term `eligible loan' means a loan 
        made, insured, or guaranteed under this part or part D 
        (excluding loans made under section 428B or 428C, or comparable 
        loans made under part D) for attendance at a law school.
            ``(2) Family law or domestic relations attorney.--The term 
        `family law or domestic relations attorney' means an attorney 
        who works in the field of family law or domestic relations, 
        including juvenile justice, truancy, child abuse or neglect, 
        adoption, domestic relations, child support, paternity, and 
        other areas which fall under the field of family law or 
        domestic relations law as determined by State law.
            ``(3) Highly qualified attorney.--The term `highly 
        qualified attorney' means an attorney who has at least 2 
        consecutive years of experience in the field of family or 
        domestic relations law serving as a representative of low-
        income families or minors.
    ``(b) Demonstration Program.--
            ``(1) In general.--The Secretary may carry out a 
        demonstration program of assuming the obligation to repay 
        eligible loans for any new borrower after the date of enactment 
        of this section who--
                    ``(A) obtains a Juris Doctorate (JD) and takes not 
                less than 1 law school class in family law, juvenile 
                law, domestic relations law, or a class that the 
                Secretary finds equivalent to any such class pursuant 
                to regulations prescribed by the Secretary; and
                    ``(B) has worked fulltime for a State or local 
                government entity, or a nonprofit private entity, as a 
                family law or domestic relations attorney on behalf of 
                low-income individuals in the family or domestic 
                relations court system for 2 consecutive years 
                immediately preceding the year for which the 
                determination was made.
            ``(2) Award basis.--Loan repayment under this section shall 
        be on a first-come, first-served basis and subject to the 
        availability of appropriations.
            ``(3) Priority.--The Secretary shall give priority in 
        providing loan repayment under this section for a fiscal year 
        to student borrowers who received loan repayment under this 
        section for the preceding fiscal year.
    ``(c) Loan Repayment.--
            ``(1) In general.--For each eligible individual selected 
        for the demonstration program under subsection (b), the 
        Secretary shall assume the obligation to repay--
                    ``(A) after the third consecutive year of 
                employment described in subparagraph (B) of subsection 
                (b)(1), 20 percent of the total amount of all eligible 
                loans;
                    ``(B) after the fourth consecutive year of such 
                employment, 30 percent of the total amount of all 
                eligible loans; and
                    ``(C) after the fifth consecutive year of such 
                employment, 50 percent of the total amount of all 
                eligible loans.
            ``(2) Construction.--Nothing in this section shall be 
        construed to authorize any refunding of any repayment of a loan 
        made under this part or part D.
            ``(3) Interest.--If a portion of a loan is repaid by the 
        Secretary under this section for any year, the proportionate 
        amount of interest on such loan that accrues for such year 
        shall be repaid by the Secretary.
            ``(4) Ineligibility of national service award recipients.--
        No student borrower may, for the same service, receive a 
        benefit under both this section and subtitle D of title I of 
        the National and Community Service Act of 1990 (42 U.S.C. 12601 
        et seq.).
    ``(d) Repayment to Eligible Lenders.--The Secretary shall pay to 
each eligible lender or holder for each fiscal year an amount equal to 
the aggregate amount of eligible loans which are subject to repayment 
pursuant to this section for such year.
    ``(e) Application for Repayment.--
            ``(1) In general.--Each eligible individual desiring loan 
        repayment under this section shall submit a complete and 
        accurate application to the Secretary at such time, in such 
        manner, and containing such information as the Secretary may 
        require.
            ``(2) Conditions.--An eligible individual may apply for 
        loan repayment under this section after completing each year of 
        qualifying employment. The borrower shall receive forbearance 
        while engaged in qualifying employment unless the borrower is 
        in deferment while so engaged.
    ``(f) Evaluation.--
            ``(1) In general.--The Secretary shall conduct, by grant or 
        contract, an independent national evaluation of the impact of 
        the demonstration program assisted under this section on the 
        field of family and domestic relations law.
            ``(2) Competitive basis.--The grant or contract described 
        in this subsection shall be awarded on a competitive basis.
            ``(3) Contents.--The evaluation described in this 
        subsection shall determine whether the loan forgiveness program 
        assisted under this section--
                    ``(A) has increased the number of highly qualified 
                attorneys;
                    ``(B) has contributed to increased time on the job 
                for family law or domestic relations attorneys, as 
                measured by--
                            ``(i) the length of time family law or 
                        domestic relations attorneys receiving loan 
                        forgiveness under this section have worked in 
                        the family law or domestic relations field; and
                            ``(ii) the length of time family law or 
                        domestic relations attorneys continue to work 
                        in such field after the attorneys meet the 
                        requirements for loan forgiveness under this 
                        section;
                    ``(C) has increased the experience and the quality 
                of family law or domestic relations attorneys; and
                    ``(D) has contributed to better family outcomes, as 
                determined after consultation with the Secretary of 
                Health and Human Services and the Attorney General.
            ``(4) Interim and final evaluation reports.--The Secretary 
        shall prepare and submit to the President and Congress such 
        interim reports regarding the evaluation described in this 
        section as the Secretary determines appropriate, and shall 
        prepare and submit a final report regarding the evaluation by 
        September 30, 2010.
    ``(g) Regulations.--The Secretary is authorized to prescribe such 
regulations as may be necessary to carry out the provisions of this 
section.
    ``(h) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $20,000,000 for fiscal year 
2006, and such sums as are necessary for each of the 4 succeeding 
fiscal years.''.

SEC. 303. LOAN FORGIVENESS TO SOCIAL WORKERS WHO WORK FOR CHILD 
              PROTECTIVE AGENCIES.

    Part B of title IV of the Higher Education Act of 1965 (20 U.S.C. 
1071 et seq.) is amended by inserting after section 428K (20 U.S.C. 
1078-11) the following:

``SEC. 428L. LOAN FORGIVENESS FOR CHILD WELFARE WORKERS.

    ``(a) Purposes.--The purposes of this section are--
            ``(1) to bring more highly trained individuals into the 
        child welfare profession; and
            ``(2) to keep more highly trained child welfare workers in 
        the child welfare field for longer periods of time.
    ``(b) Definitions.--In this section:
            ``(1) Child welfare services.--The term `child welfare 
        services' has the meaning given the term in section 425 of the 
        Social Security Act.
            ``(2) Child welfare agency.--The term `child welfare 
        agency' means the State agency responsible for administering 
        subpart 1 of part B of title IV of the Social Security Act and 
        any public or private agency under contract with the State 
        agency to provide child welfare services.
            ``(3) Institution of higher education.--The term 
        `institution of higher education' has the meaning given the 
        term in section 101.
            ``(4) State.--The term `State' has the meaning given the 
        term in section 1101(a)(1) of the Social Security Act for 
        purposes of title IV of such Act, and includes an Indian tribe.
    ``(c) Demonstration Program.--
            ``(1) In general.--The Secretary may carry out a 
        demonstration program of assuming the obligation to repay, 
        pursuant to subsection (d), a loan made, insured, or guaranteed 
        under this part or part D (excluding loans made under sections 
        428B and 428C, or comparable loans made under part D) for any 
        new borrower after the date of enactment of this section, who--
                    ``(A) obtains a bachelor's or master's degree in 
                social work;
                    ``(B) obtains employment in public or private child 
                welfare services; and
                    ``(C) has worked full time as a social worker for 2 
                consecutive years preceding the year for which the 
                determination is made.
            ``(2) Award basis; priority.--
                    ``(A) Award basis.--Subject to subparagraph (B), 
                loan repayment under this section shall be on a first-
                come, first-served basis and subject to the 
                availability of appropriations.
                    ``(B) Priority.--The Secretary shall give priority 
                in providing loan repayment under this section for a 
                fiscal year to student borrowers who received loan 
                repayment under this section for the preceding fiscal 
                year.
            ``(3) Outreach.--The Secretary shall post a notice on a 
        Department Internet Web site regarding the availability of loan 
        repayment under this section, and shall notify institutions of 
        higher education regarding the availability of loan repayment 
        under this section.
            ``(4) Regulations.--The Secretary is authorized to 
        prescribe such regulations as may be necessary to carry out the 
        provisions of this section.
    ``(d) Loan Repayment.--
            ``(1) In general.--For each eligible individual selected 
        for the demonstration program under subsection (c), the 
        Secretary shall assume the obligation to repay--
                    ``(A) after the third consecutive year of 
                employment described in subsection (c)(1)(C), 20 
                percent of the total amount of all loans made under 
                this part or part D (excluding loans made under section 
                428B or 428C, or comparable loans made under part D) 
                for any new borrower after the date of enactment of 
                this section;
                    ``(B) after the fourth consecutive year of such 
                employment, 30 percent of the total amount of such 
                loans; and
                    ``(C) after the fifth consecutive year of such 
                employment, 50 percent of the total amount of such 
                loans.
            ``(2) Construction.--Nothing in this section shall be 
        construed to authorize the refunding of any repayment of a loan 
        made under this part or part D.
            ``(3) Interest.--If a portion of a loan is repaid by the 
        Secretary under this section for any year, the proportionate 
        amount of interest on such loan which accrues for such year 
        shall be repaid by the Secretary.
            ``(4) Special rule.--In the case of a student borrower not 
        participating in loan repayment pursuant to this section who 
        returns to an institution of higher education after graduation 
        from an institution of higher education for the purpose of 
        obtaining a degree described in subsection (c)(1)(A), the 
        Secretary may assume the obligation to repay the total amount 
        of loans made under this part or part D incurred for returning 
        to an institution of higher education for the purpose of 
        obtaining such a degree for a maximum of 2 academic years. Such 
        loans shall only be repaid for borrowers who qualify for loan 
        repayment pursuant to the provisions of this section, and shall 
        be repaid in accordance with the provisions of paragraph (1).
            ``(5) Ineligibility of national service award recipients.--
        No student borrower may, for the same service, receive a 
        benefit under both this section and subtitle D of title I of 
        the National and Community Service Act of 1990 (42 U.S.C. 12601 
        et seq.).
    ``(e) Repayment to Eligible Lenders.--The Secretary shall pay to 
each eligible lender or holder for each fiscal year an amount equal to 
the aggregate amount of loans that are subject to repayment pursuant to 
this section for such year.
    ``(f) Application for Repayment.--
            ``(1) In general.--Each eligible individual desiring loan 
        repayment under this section shall submit a complete and 
        accurate application to the Secretary at such time, in such 
        manner, and containing such information as the Secretary may 
        require.
            ``(2) Conditions.--An eligible individual may apply for 
        loan repayment under this section after completing each year of 
        qualifying employment. The borrower shall receive forbearance 
        while engaged in qualifying employment unless the borrower is 
        in deferment while so engaged.
    ``(g) Evaluation.--
            ``(1) In general.--The Secretary shall conduct, by grant or 
        contract, an independent national evaluation of the impact of 
        the demonstration program assisted under this section on the 
        field of child welfare services.
            ``(2) Competitive basis.--The grant or contract described 
        in paragraph (1) shall be awarded on a competitive basis.
            ``(3) Contents.--The evaluation described in this 
        subsection shall determine--
                    ``(A) whether the loan forgiveness program has 
                increased child welfare workers' education in the areas 
                covered by loan forgiveness;
                    ``(B) whether the loan forgiveness program has 
                contributed to increased time on the job for child 
                welfare workers as measured by--
                            ``(i) the length of time child welfare 
                        workers receiving loan forgiveness have worked 
                        in the child welfare field; and
                            ``(ii) the length of time such workers 
                        continue to work in such field after the 
                        workers meet the requirements for loan 
                        forgiveness under this section; and
                    ``(C) whether the loan forgiveness program has 
                increased the experience and quality of child welfare 
                workers and has contributed to increased performance in 
                the outcomes of child welfare services in terms of 
                child well-being, permanency, and safety, as determined 
                after consultation with the Secretary of Health and 
                Human Services.
            ``(4) Interim and final evaluation reports.--The Secretary 
        shall prepare and submit to the President and Congress such 
        interim reports regarding the evaluation described in this 
        subsection as the Secretary determines appropriate, and shall 
        prepare and so submit a final report regarding the evaluation 
        by September 30, 2010.
    ``(h) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $20,000,000 for fiscal year 
2006, and such sums as may be necessary for each of the 4 succeeding 
fiscal years.''.

SEC. 304. REAUTHORIZATION OF COURT-APPOINTED SPECIAL ADVOCATE (CASA) 
              PROGRAMS AND INCREASED FUNDING FOR EXPANSION IN RURAL AND 
              UNDERSERVED URBAN AREAS.

    (a) In General.--Section 218(a) of the Victims of Child Abuse Act 
of 1990 (42 U.S.C. 13014(a)) is amended by striking ``$12,000,000 for 
each of fiscal years 2001 through 2005'' and inserting ``$17,000,000 
for each of fiscal years 2006 through 2010''.
    (b) Grants for Expansion in Rural and Underserved Urban Areas.--
Section 217(c)(3) of the Victims of Child Abuse Act of 1990 (42 U.S.C. 
13013(c)(3)) is amended--
            (1) by inserting ``(A)'' after ``(3)''; and
            (2) by adding at the end the following:
    ``(B) Of the amount appropriated for each of fiscal years 2006 
through 2010 to carry out this subtitle, the Administrator shall use 
not less than $5,000,000 of such amount to make grants for the purpose 
of developing or expanding court-appointed special advocate programs in 
rural and underserved urban areas.''.

   TITLE IV--CLARIFICATION ON STATE FLEXIBILITY FOR PUBLIC ACCESS TO 
                                 COURTS

SEC. 401. CLARIFICATION ON STATE FLEXIBILITY FOR PUBLIC ACCESS TO 
              COURTS.

    Section 471 of the Social Security Act (42 U.S.C. 671) is amended--
            (1) in paragraph (8) of subsection (a), by inserting 
        ``subject to subsection (c),'' after ``(8)''; and
            (2) by adding at the end the following:
    ``(c) Nothing in paragraph (8) of subsection (a) shall be construed 
to limit the flexibility of a State to determine State policies 
relating to the public access to court proceedings to determine child 
abuse or neglect or other court hearings held pursuant to requirements 
under this part or part B, except that such policies shall, at a 
minimum, ensure the safety and well-being of the child, parents, and 
family.''.

                       TITLE V--COURT LEADERSHIP

SEC. 501. SENSE OF THE SENATE REGARDING STATE COURT LEADERSHIP.

    (a) Sense of the Senate.--It is the sense of the Senate that the 
Chief Justice for each State and other State court leadership should 
take the lead in providing for the health, safety, and permanency of 
children before State abuse and neglect courts through measures such as 
the following:
            (1) Establishing an office on children before State abuse 
        and neglect courts within the State administrative office of 
        the courts.
            (2) Organizing State courts so that abuse and neglect cases 
        are heard in dedicated courts or departments, rather than in 
        departments with jurisdiction over multiple issues, where 
        feasible.
            (3) Actively promoting--
                    (A) resource, workload, and training standards for 
                abuse and neglect court judges, attorneys, and other 
                court personnel;
                    (B) standards of practice for abuse and neglect 
                court judges; and
                    (C) codes of judicial conduct that support the 
                practices of problem-solving courts such as abuse and 
                neglect courts.
            (4) Establishing State court procedures that enable and 
        encourage judges who have demonstrated competence in 
        proceedings before State abuse and neglect courts to build 
        careers on serving on such courts.
    (b) Definition of Abuse and Neglect Court.--In this section, the 
term ``abuse and neglect court'' has the meaning given that term in 
section 475(8) of the Social Security Act (as added by section 101(d)).

   TITLE VI--SAFE AND TIMELY INTERSTATE PLACEMENT OF FOSTER CHILDREN

SEC. 601. SENSE OF CONGRESS.

    (a) Finding.--Congress finds that the Interstate Compact on the 
Placement of Children (ICPC) was drafted more than 40 years ago, is 
outdated, and is a barrier to the timely placement of children across 
State lines.
    (b) Sense of Congress.--It is the sense of Congress that the States 
should expeditiously revise the ICPC to better serve the interests of 
children and reduce unnecessary work, and that the revision should 
include--
            (1) limiting its applicability to children in foster care 
        under the responsibility of a State, except those seeking 
        placement in a licensed residential facility primarily to 
        access clinical mental health services; and
            (2) providing for deadlines for the completion and approval 
        of home studies as set forth in the amendments made by section 
        603.

SEC. 602. ORDERLY AND TIMELY PROCESS FOR INTERSTATE PLACEMENT OF 
              CHILDREN.

    Section 471(a) of the Social Security Act (42 U.S.C. 671(a)), as 
amended by section 301, is amended--
            (1) by striking ``and'' at the end of paragraph (24);
            (2) by striking the period at the end of paragraph (25) and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(26) provide that the State shall have in effect 
        procedures for the orderly and timely interstate placement of 
        children, and procedures implemented in accordance with an 
        interstate compact approved by the Secretary, if incorporating 
        with the procedures prescribed by paragraph (27), shall be 
        considered to satisfy the requirement of this paragraph.''.

SEC. 603. HOME STUDIES.

    (a) Orderly Process.--
            (1) In general.--Section 471(a) of the Social Security Act 
        (42 U.S.C. 671(a)), as amended by section 602, is amended--
                    (A) by striking ``and'' at the end of paragraph 
                (25);
                    (B) by striking the period at the end of paragraph 
                (26) and inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(27) provides that--
                    ``(A)(i) within 60 days after the State receives 
                from another State a request to conduct a study of a 
                home environment for purposes of assessing the 
                appropriateness of placing a child in the home, the 
                State shall, directly or by contract--
                            ``(I) conduct and complete the study; and
                            ``(II) return to the other State a report 
                        on the results of the study, which shall 
                        address the extent to which placement in the 
                        home would meet the needs of the child; and
                    ``(ii) in the case of a home study begun on or 
                before September 30, 2007, if the State fails to comply 
                with clause (i) within the 60-day period as a result of 
                circumstances beyond the control of the State (such as 
                a failure by a Federal agency to provide the results of 
                a background check, or the failure by any entity to 
                provide completed medical forms, requested by the State 
                at least 45 days before the end of the 60-day period), 
                the State shall have 75 days to comply with clause (i) 
                if the State documents the circumstances involved and 
                certifies that completing the home study is in the best 
                interests of the child; except that
                    ``(iii) this subparagraph shall not be construed to 
                require the State to have completed, within the 
                applicable period, the parts of the home study 
                involving the education and training of the prospective 
                foster or adoptive parents;
                    ``(B) the State shall treat any report described in 
                subparagraph (A) that is received from another State or 
                an Indian tribe (or from a private agency under 
                contract with another State) as meeting any 
                requirements imposed by the State for the completion of 
                a home study before placing a child in the home, 
                unless, within 14 days after receipt of the report, the 
                State determines, based on grounds that are specific to 
                the content of the report, that making a decision in 
                reliance on the report would be contrary to the welfare 
                of the child; and
                    ``(C) the State shall not impose any restriction on 
                the ability of a State agency administering, or 
                supervising the administration of, a State program 
                operated under a State plan approved under this part to 
                contract with a private agency for the conduct of a 
                home study described in subparagraph (A).''.
            (2) Sense of congress.--It is the sense of Congress that 
        each State should--
                    (A) use private agencies to conduct home studies 
                when doing so is necessary to meet the requirements of 
                section 471(a)(27) of the Social Security Act; and
                    (B) give full faith and credit to any home study 
                report completed by any other State or an Indian tribe 
                with respect to the placement of a child in foster care 
                or for adoption.
    (b) Timely Interstate Home Study Incentive Payments.--Part E of 
title IV of the Social Security Act (42 U.S.C. 670-679b) is amended by 
inserting after section 473A the following:

``SEC. 473B. TIMELY INTERSTATE HOME STUDY INCENTIVE PAYMENTS.

    ``(a) Grant Authority.--The Secretary shall make a grant to each 
State that is a home study incentive-eligible State for a fiscal year 
in an amount equal to the timely interstate home study incentive 
payment payable to the State under this section for the fiscal year, 
which shall be payable in the immediately succeeding fiscal year.
    ``(b) Home Study Incentive-Eligible State.--A State is a home study 
incentive-eligible State for a fiscal year if--
            ``(1) the State has a plan approved under this part for the 
        fiscal year;
            ``(2) the State is in compliance with subsection (c) for 
        the fiscal year; and
            ``(3) based on data submitted and verified pursuant to 
        subsection (c), the State has completed a timely interstate 
        home study during the fiscal year.
    ``(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 a written report, covering the preceding fiscal year, 
        that specifies--
                    ``(A) the total number of interstate home studies 
                requested by the State with respect to children in 
                foster care under the responsibility of the State and, 
                with respect to each such study, the identity of the 
                other State involved; and
                    ``(B) the total number of timely interstate home 
                studies completed by the State with respect to children 
                in foster care under the responsibility of other States 
                and, with respect to each such study, the identity of 
                the other State involved.
            ``(2) Verification of data.--In determining the number of 
        timely interstate home studies to be attributed to a State 
        under this section, the Secretary shall check the data provided 
        by the State under paragraph (1) against complementary data so 
        provided by other States.
    ``(d) Timely Interstate Home Study Incentive Payments.--
            ``(1) In general.--The timely interstate home study 
        incentive payment payable to a State for a fiscal year shall be 
        $1,500 multiplied by the number of timely interstate home 
        studies attributed to the State under this section during the 
        fiscal year, subject to paragraph (2).
            ``(2) Pro rata adjustment if insufficient funds 
        available.--If the total amount of timely interstate home study 
        incentive payments otherwise payable under this section for a 
        fiscal year exceeds the total of the amounts made available 
        pursuant to subsection (h) for the fiscal year (reduced (but 
        not below zero) by the total of the amounts (if any) payable 
        under paragraph (3) of this subsection with respect to the 
        preceding fiscal year), the amount of each such otherwise 
        payable incentive payment shall be reduced by a percentage 
        equal to--
                    ``(A) the total of the amounts so made available 
                (as so reduced); divided by
                    ``(B) the total of such otherwise payable incentive 
                payments.
            ``(3) Appropriations available for unpaid incentive 
        payments for prior fiscal years.--
                    ``(A) In general.--If payments under this section 
                are reduced under paragraph (2) or subparagraph (B) of 
                this paragraph for a fiscal year, then, before making 
                any other payment under this section for the next 
                fiscal year, the Secretary shall pay each State whose 
                payment was so reduced an amount equal to the total 
                amount of the reductions which applied to the State, 
                subject to subparagraph (B) of this paragraph.
                    ``(B) Pro rata adjustment if insufficient funds 
                available.--If the total amount of payments otherwise 
                payable under subparagraph (A) of this paragraph for a 
                fiscal year exceeds the total of the amounts made 
                available pursuant to subsection (h) for the fiscal 
                year, the amount of each such payment shall be reduced 
                by a percentage equal to--
                            ``(i) the total of the amounts so made 
                        available; divided by
                            ``(ii) the total of such otherwise payable 
                        payments.
    ``(e) Two-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 next 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-adoption 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) Home study.--The term `home study' means a study of a 
        home environment, conducted in accordance with applicable 
        requirements of the State in which the home is located, for the 
        purpose of assessing whether placement of a child in the home 
        would be appropriate for the child.
            ``(2) Interstate home study.--The term `interstate home 
        study' means a home study conducted by a State at the request 
        of another State, to facilitate an adoptive or relative 
        placement in the State.
            ``(3) Timely interstate home study.--The term `timely 
        interstate home study' means an interstate home study completed 
        by a State if the State provides to the State that requested 
        the study, within 30 days after receipt of the request, a 
        report on the results of the study. The preceding sentence 
        shall not be construed to require the State to have completed, 
        within the 30-day period, the parts of the home study involving 
        the education and training of the prospective foster or 
        adoptive parents.
    ``(h) Limitations on Authorization of Appropriations.--
            ``(1) In general.--For payments under this section, there 
        are authorized to be appropriated to the Secretary, $10,000,000 
        for each of fiscal years 2006 through 2009.--
            ``(2) Availability.--Amounts appropriated under paragraph 
        (1) are authorized to remain available until expended.''.
    (c) Repealer.--Effective October 1, 2009, section 473B of the 
Social Security Act is repealed.

SEC. 604. REQUIREMENT TO COMPLETE BACKGROUND CHECKS BEFORE APPROVAL OF 
              ANY FOSTER OR ADOPTIVE PLACEMENT AND TO CHECK CHILD ABUSE 
              REGISTRIES; GRANDFATHER OF OPT-OUT ELECTION; LIMITED 
              NONAPPLICATION.

    Section 471(a)(20) of the Social Security Act (42 U.S.C. 
671(a)(20)) is amended--
            (1) in subparagraph (A)--
                    (A) in the matter preceding clause (i)--
                            (i) by striking ``unless an election 
                        provided for in subparagraph (B) is made with 
                        respect to the State'' and inserting ``except 
                        as provided in clause (iii)'';
                            (ii) by striking ``on whose behalf foster 
                        care maintenance payments or adoption 
                        assistance payments are to be made'' and 
                        inserting ``regardless of whether foster care 
                        maintenance payments or adoption assistance 
                        payments are to be made on behalf of the 
                        child'';
                    (B) in each of clauses (i) and (ii), by inserting 
                ``involving a child on whose behalf such payments are 
                to be so made'' after ``in any case''; and
                    (C) by striking ``and'' at the end of clause (ii); 
                and
                    (D) by adding at the end the following:
                    ``(iii) clauses (i) and (ii) shall not apply to the 
                State if--
                            ``(I) the State elected on or before 
                        September 30, 2005, to make this subparagraph 
                        (as in effect on or before such date) 
                        inapplicable to the State; or
                            ``(II) a record check conducted in 
                        accordance with clause (i) or (ii) which 
                        reveals a felony conviction or crime described 
                        in such clause and is the basis for denying a 
                        placement would conflict with a requirement of 
                        State's constitution; and'';
            (2) by striking subparagraph (B) and inserting the 
        following:
            ``(B) provides that the State shall--
                    ``(i) check any child abuse and neglect registry 
                maintained by the State for information on any 
                prospective foster or adoptive parent and on any other 
                adult living in the home of such a prospective parent, 
                and request any other State in which any such 
                prospective parent or other adult has resided in the 
                preceding 5 years, to enable the State to check any 
                child abuse and neglect registry maintained by such 
                other State for such information, before the 
                prospective foster or adoptive parent may be finally 
                approved for placement of a child, regardless of 
                whether foster care maintenance payments or adoption 
                assistance payments are to be made on behalf of the 
                child under the State plan under this part;
                    ``(ii) comply with any request described in clause 
                (i) that is received from another State;
                    ``(iii) have in place safeguards to prevent the 
                unauthorized disclosure of information in any child 
                abuse and neglect registry maintained by the State, and 
                to prevent any such information obtained pursuant to 
                this subparagraph from being used for a purpose other 
                than the conducting of background checks in foster or 
                adoptive placement cases; and
                    ``(iv) not deny a placement on the basis of 
                information determined as a result of a check conducted 
                in accordance with clause (i) or (ii) if denying a 
                placement on such basis would conflict with a 
                requirement of a State's constitution;''.

SEC. 605. COURTS ALLOWED ACCESS TO THE FEDERAL PARENT LOCATOR SERVICE 
              TO LOCATE PARENTS IN FOSTER CARE OR ADOPTIVE PLACEMENT 
              CASES.

    Section 453(c) of the Social Security Act (42 U.S.C. 653(c)) is 
amended--
            (1) by striking ``and'' at the end of paragraph (3);
            (2) by striking the period and inserting ``; and''; and
            (3) by adding at the end the following:
            ``(5) any court which has authority with respect to the 
        placement of a child in foster care or for adoption, but only 
        for the purpose of locating a parent of the child.''.

SEC. 606. CASEWORKER VISITS.

    (a) Purchase of Services in Interstate Placement Cases.--Section 
475(5)(A)(ii) of the Social Security Act (42 U.S.C. 675(5)(A)(ii)) is 
amended by striking ``or of the State in which the child has been 
placed'' and inserting ``of the State in which the child has been 
placed, or of a private agency under contract with either such State''.
    (b) Increased Visits.--Section 475(5)(A)(ii) of such Act (42 U.S.C. 
675(5)(A)(ii)) is amended by striking ``12'' and inserting ``6''.

SEC. 607. HEALTH AND EDUCATION RECORDS.

    Section 475 of the Social Security Act (42 U.S.C. 675) is amended--
            (1) in paragraph (1)(C)--
                    (A) by striking ``To the extent available and 
                accessible, the'' and inserting ``The''; and
                    (B) by inserting ``the most recent information 
                available regarding'' after ``including''; and
            (2) in paragraph (5)(D)--
                    (A) by inserting ``a copy of the record is'' before 
                ``supplied''; and
                    (B) by inserting ``, and is supplied to the child 
                at no cost at the time the child leaves foster care if 
                the child is leaving foster care by reason of having 
                attained the age of majority under State law'' before 
                the semicolon.

SEC. 608. RIGHT TO BE HEARD IN FOSTER CARE PROCEEDINGS.

    (a) In General.--Section 475(5)(G) of the Social Security Act (42 
U.S.C. 675(5)(G)) is amended--
            (1) by striking ``an opportunity'' and inserting ``a 
        right'';
            (2) by striking ``and opportunity'' and inserting ``and 
        right''; and
            (3) by striking ``review or hearing'' each place it appears 
        and inserting ``proceeding''.
    (b) Notice of Proceeding.--Section 438(b) of such Act (42 U.S.C. 
638(b)) is amended by inserting ``shall have in effect a rule requiring 
State courts to ensure that foster parents, preadoptive parents, and 
relative caregivers of a child in foster care under the responsibility 
of the State are notified of any proceeding to be held with respect to 
the child, and'' after ``highest State court''.

SEC. 609. COURT IMPROVEMENT.

    Section 438(a)(1) of the Social Security Act (42 U.S.C. 629h(a)(1)) 
is amended--
            (1) by striking ``and'' at the end of subparagraph (C); and
            (2) by adding at the end the following:
                    ``(E) that determine the best strategy to use to 
                expedite the interstate placement of children, 
                including--
                            ``(i) requiring courts in different States 
                        to cooperate in the sharing of information;
                            ``(ii) authorizing courts to obtain 
                        information and testimony from agencies and 
                        parties in other States without requiring 
                        interstate travel by the agencies and parties; 
                        and
                            ``(iii) permitting the participation of 
                        parents, children, other necessary parties, and 
                        attorneys in cases involving interstate 
                        placement without requiring their interstate 
                        travel; and''.

SEC. 610. REASONABLE EFFORTS.

    (a) In General.--Section 471(a)(15)(C) of the Social Security Act 
(42 U.S.C. 671(a)(15)(C)) is amended by inserting ``(including, if 
appropriate, through an interstate placement)'' after ``accordance with 
the permanency plan''.
    (b) Permanency Hearing.--Section 471(a)(15)(E)(i) of such Act (42 
U.S.C. 671(a)(15)(E)(i)) is amended by inserting ``, which considers 
in-State and out-of-State permanent placement options for the child,'' 
before ``shall''.
    (c) Concurrent Planning.--Section 471(a)(15)(F) of such Act (42 
U.S.C. 671(a)(15)(F)) is amended by inserting ``, including identifying 
appropriate out-of-State relatives and placements'' before ``may''.

SEC. 611. CASE PLANS.

    Section 475(1)(E) of the Social Security Act (42 U.S.C. 675(1)(E)) 
is amended by inserting ``to facilitate orderly and timely in-State and 
interstate placements'' before the period.

SEC. 612. CASE REVIEW SYSTEM.

    Section 475(5)(C) of the Social Security Act (42 U.S.C. 675(5)(C)) 
is amended--
            (1) by inserting ``, in the case of a child who will not be 
        returned to the parent, the hearing shall consider in-State and 
        out-of-State placement options,'' after ``living arrangement''; 
        and
            (2) by inserting ``the hearing shall determine'' before 
        ``whether the''.

SEC. 613. USE OF INTERJURISDICTIONAL RESOURCES.

    Section 422(b)(12) of the Social Security Act (42 U.S.C. 
622(b)(12)) is amended--
            (1) by striking ``develop plans for the'' and inserting 
        ``make'';
            (2) by inserting ``(including through contracts for the 
        purchase of services)'' after ``resources''; and
            (3) by inserting ``, and shall eliminate legal barriers,'' 
        before ``to facilitate''.

                       TITLE VII--EFFECTIVE DATE

SEC. 701. EFFECTIVE DATE.

    (a) In General.--Except as otherwise provided in this section, the 
amendments made by this Act shall take effect on October 1, 2005, and 
shall apply to payments under parts B and E of title IV of the Social 
Security Act for calendar quarters beginning on or after such date, 
without regard to whether regulations to implement the amendments are 
promulgated by such date.
    (b) Delay Permitted If State Legislation Required.--If the 
Secretary of Health and Human Services determines that State 
legislation (other than legislation appropriating funds) is required in 
order for a State plan under part B or E of title IV of the Social 
Security Act to meet the additional requirements imposed by the 
amendments made by a provision of this Act, the plan shall not be 
regarded as failing to meet any of the additional requirements before 
the 1st day of the 1st calendar quarter beginning after the 1st regular 
session of the State legislature that begins after the date of 
enactment of this Act. If the State has a 2-year legislative session, 
each year of the session is deemed to be a separate regular session of 
the State legislature.
                                 <all>