[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 3525 Referred in House (RFH)]
109th CONGRESS
2d Session
S. 3525
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 17, 2006
Referred to the Committee on Ways and Means
_______________________________________________________________________
AN ACT
To amend subpart 2 of part B of title IV of the Social Security Act to
improve outcomes for children in families affected by methamphetamine
abuse and addiction, to reauthorize the promoting safe and stable
families program, 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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Improving Outcomes
for Children Affected by Meth Act of 2006''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Grants for regional partnerships to increase the well-being of,
and improve the permanency outcomes for,
children affected by methamphetamine abuse
and addiction.
Sec. 3. Reauthorization of the promoting safe and stable families
program.
Sec. 4. Reauthorization and expansion of mentoring children of
prisoners program.
Sec. 5. Allotments and grants to Indian tribes.
Sec. 6. Additional State plan amendments.
Sec. 7. Requirement for foster care proceeding to include, in an age-
appropriate manner, consultation with the
child that is the subject of the
proceeding.
Sec. 8. Effective date.
SEC. 2. GRANTS FOR REGIONAL PARTNERSHIPS TO INCREASE THE WELL-BEING OF,
AND IMPROVE THE PERMANENCY OUTCOMES FOR, CHILDREN
AFFECTED BY METHAMPHETAMINE ABUSE AND ADDICTION.
(a) Reservation of Funds.--Section 436(b) of the Social Security
Act (42 U.S.C. 629f(b)) is amended by adding at the end the following
new paragraph:
``(4) Improved outcomes for children affected by
methamphetamine abuse and addiction.--With respect to each of
fiscal years 2007 through 2011, if the amount appropriated to
carry out this subpart for any such fiscal year is at least
$345,000,000, the Secretary shall reserve $40,000,000 of the
amount appropriated for that fiscal year for grants under
section 440.''.
(b) Regional Partnership Grants.--Subpart 2 of part B of title IV
of the Social Security Act (42 U.S.C. 629 et seq.) is amended by adding
at the end the following new section:
``SEC. 440. GRANTS FOR REGIONAL PARTNERSHIPS TO INCREASE THE WELL-BEING
OF, AND IMPROVE THE PERMANENCY OUTCOMES FOR, CHILDREN
AFFECTED BY METHAMPHETAMINE ABUSE AND ADDICTION.
``(a) Purpose.--The purpose of this section is to authorize the
Secretary to make competitive grants to eligible applicants to provide,
through interagency collaboration and integration of programs and
services, services and activities that are designed to increase the
well-being of, improve permanency outcomes for, and enhance the safety
of children who are in an out-of-home placement or are at risk of being
placed in an out-of-home placement as a result of a parent's or
caretaker's abuse of methamphetamines.
``(b) Eligible Applicants Defined.--In this section, the term
`eligible applicant' means a regional partnership (which may be
established on an interstate or intrastate basis) and that shall
include any 2 or more of the following:
``(1) Nonprofit child welfare service providers.
``(2) For-profit child welfare service providers.
``(3) Community health service providers.
``(4) Community mental health providers.
``(5) Local law enforcement agencies.
``(6) Judges and court personnel.
``(7) Juvenile justice officials.
``(8) School personnel.
``(9) The State child welfare agency that is responsible
for the administration of the State plan under this part and
part E.
``(10) The State agency responsible for administering the
substance abuse prevention and treatment block grant provided
under subpart II of part B of title XIX of the Public Health
Service Act.
``(11) Tribal child welfare agencies (or a consortium of
such agencies).
``(12) Any other providers, agencies, personnel, officials,
or entities that are related to the provision of child and
family services under this subpart.
``(c) Program Authorized.--
``(1) In general.--From the amounts (if any) reserved for
each of fiscal years 2007 through 2011 under section 436(b)(4),
the Secretary shall award grants under this section for each
such fiscal year to eligible applicants that satisfy the
requirements of this section, in amounts that are not less than
$500,000 and not more than $1,000,000 per grant per fiscal
year.
``(2) Required minimum period of approval.--An eligible
applicant shall be approved to receive a grant under this
section for a period of not less than 2, and not more than 5,
fiscal years.
``(d) Application Requirements.--To be eligible for a grant under
this section, an eligible applicant shall submit to the Secretary a
written application containing the following:
``(1) Recent evidence that methamphetamine abuse has
increased the number of out-of-home placements for children, or
the number of children who are at risk of being placed in an
out-of-home placement, in the partnership region.
``(2) A description of the goals and outcomes to be
achieved during the funding period for the grant that will
enhance the well-being of children receiving services or taking
part in activities conducted with funds provided under the
grant and lead to safety and permanence for such children.
``(3) A description of the joint activities to be funded in
whole or in part with the funds provided under the grant,
including the sequencing of the activities proposed to be
conducted under the funding period for the grant.
``(4) A description of the strategies for integrating
programs and services determined to be appropriate for the
child and where appropriate, the child's family.
``(5) A description of the strategies for--
``(A) collaborating with the State agency
responsible for the administration of this part and
part E (unless the lead agency for the regional
partnership of the eligible applicant is such agency);
and
``(B) consulting, as appropriate, with the State
agency responsible for administering substance abuse
treatment and prevention services, and the State law
enforcement and judicial agencies.
To the extent the Secretary determines that a requirement of
this paragraph would be inappropriate to apply to an eligible
applicant that includes a tribal child welfare agency or a
consortium of such agencies, the Secretary may exempt the
eligible applicant from satisfying such requirement.
``(6) Such other information as the Secretary may require.
``(e) Use of Funds.--Funds made available under a grant made under
this section shall only be used for services or activities that are
consistent with the purpose of this section and may include the
following:
``(1) Family-based comprehensive long-term drug treatment
services.
``(2) Early intervention and preventative services.
``(3) Children and family counseling.
``(4) Mental health services.
``(5) Parenting skills training.
``(f) Matching Requirement.--
``(1) Federal share.--A grant awarded under this section
shall be available to pay a percentage share of the costs of
services provided or activities conducted under such grant, not
to exceed--
``(A) 85 percent for the first and second fiscal
years for which the grant is awarded to an eligible
applicant;
``(B) 80 percent for the third and fourth such
fiscal years; and
``(C) 75 percent for the fifth such fiscal year.
``(2) Non-federal share.--The non-Federal share of the cost
of services provided or activities conducted under a grant
awarded under this section may be in cash or in kind. In
determining the amount of the non-Federal share, the Secretary
may attribute fair market value to goods, services, and
facilities contributed from non-Federal sources.
``(g) Considerations in Awarding and Amount of Grants.--In awarding
grants under this section and determining the amount of such grants,
the Secretary shall--
``(1) consider the demonstrated need of an eligible
applicant for assistance;
``(2) ensure that grants are awarded to a diverse number of
the eligible applicants described in subsection (b); and
``(3) give priority to awarding grants to eligible
applicants located in rural areas that--
``(A) have been significantly affected by
methamphetamine abuse and addiction by parents or
caretakers;
``(B) have limited resources for addressing the
needs of children affected by such abuse and addiction;
and
``(C) have a lack of capacity for, or access to,
comprehensive family treatment services.
``(h) Performance Indicators.--Not later than 18 months after the
date of enactment of this section, the Secretary shall establish
indicators that will be used to assess periodically the performance of
the eligible applicants awarded grants under this section in using
funds made available under such grants to achieve the purpose of this
section. In establishing such indicators, the Secretary shall consult
with the Assistant Secretary for the Administration for Children and
Families, the Administrator of the Substance Abuse and Mental Health
Services Administration, the chief executive officers of the States or
territories in which eligible applicants awarded a grant under this
section are located, legislators of such States and territories, State
and local public officials responsible for administering child welfare
and alcohol and drug abuse prevention and treatment programs in such
States and territories, court staff in such States and territories,
consumers of the services or activities in such States and territories,
advocates for children, parents, and caretakers who come to the
attention of the child welfare system, and tribal officials of tribal
child welfare agencies (or a consortium of such agencies) awarded a
grant under this section.
``(i) Reports.--
``(1) Grantee reports.--
``(A) Annual report.--Not later than September 30
of the first fiscal year in which an eligible applicant
receives funds under a grant awarded under this
section, and annually thereafter until September 30 of
the last fiscal year in which an eligible applicant
receives funds under a grant awarded under this
section, the eligible applicant shall submit to the
Secretary a report on the activities carried out during
that fiscal year with such funds. The report shall
contain such information as the Secretary determines is
necessary to provide an accurate description of the
activities conducted with such funds and of any changes
in the use of such funds that are planned for the
succeeding fiscal year.
``(B) Incorporation of information related to
performance indicators.--Not later than 12 months after
the establishment of performance indicators under
subsection (h), each eligible applicant awarded a grant
under this section shall incorporate into the annual
report required under subparagraph (A) information
required in relation to such indicators.
``(2) Reports to congress.--On the basis of the reports
submitted under paragraph (1), the Secretary annually shall
submit to the Committee on Ways and Means of the House of
Representatives and the Committee on Finance of the Senate a
report on--
``(A) the services provided and activities
conducted with funds provided under grants awarded
under this section;
``(B) the performance indicators established under
subsection (h); and
``(C) the progress that has been made in addressing
the needs of families with methamphetamine abuse
problems who come to the attention of the child welfare
system and in achieving the goals of child safety,
permanence, and family stability.''.
SEC. 3. REAUTHORIZATION OF THE PROMOTING SAFE AND STABLE FAMILIES
PROGRAM.
(a) In General.--Section 436(a) of the Social Security Act (42
U.S.C. 629f(a)) is amended by striking ``for fiscal year 2006.'' and
all that follows through the end of the second sentence and inserting
``for each of fiscal years 2007 through 2011.''.
(b) Discretionary Grants.--Section 437(a) of the Social Security
Act (42 U.S.C. 629g(a)) is amended by striking ``2002 through 2006''
and inserting ``2007 through 2011''.
(c) State Courts Assessment and Improvement Grants.--Subsections
(c)(1)(A) and (d) of section 438 of the Social Security Act (42 U.S.C.
629h) are each amended by striking ``2002 through 2006'' and inserting
``2007 through 2011''.
(d) Technical Correction of Funding for Fiscal Year 2006.--
Effective February 8, 2006, title II of the Departments of Labor,
Health and Human Services, and Education, and Related Agencies
Appropriations Act, 2006 (Public Law 109-149, 119 Stat. 2833) is
amended under the heading relating to ``promoting safe and stable
families'' under the heading ``administration for children and
families'', by striking ``$305,000,000'' and inserting
``$345,000,000''.
SEC. 4. REAUTHORIZATION AND EXPANSION OF MENTORING CHILDREN OF
PRISONERS PROGRAM.
(a) In General.--Section 439 of the Social Security Act (42 U.S.C.
629i) is amended--
(1) in the section heading, by striking ``grants'' and
inserting ``funding'';
(2) in subsection (a)--
(A) in the subsection heading, by striking
``Purpose'' and inserting ``Purposes''; and
(B) in paragraph (2)--
(i) in the paragraph heading, by striking
``Purpose'' and inserting ``Purposes'';
(ii) by striking ``The purpose of this
section is to authorize the Secretary to make
competitive'' and inserting ``The purposes of
this section are to authorize the Secretary--
``(A) to make competitive'';
(iii) by striking the period at the end and
inserting ``; and''; and
(iv) by adding at the end the following new
subparagraph:
``(B) to enter into a cooperative agreement with a
national mentoring support organization to provide
greater flexibility nationwide to increase the number
of children of prisoners receiving mentoring
services.'';
(3) in subsection (c)--
(A) by striking ``2002 through 2006'' and inserting
``2007 through 2011'';
(B) by striking ``(h)'' and inserting ``(i)''; and
(C) by striking ``(h)(2)'' and inserting
``(i)(2)'';
(4) by redesignating subsections (g) and (h) as subsections
(h) and (i), respectively;
(5) by inserting after subsection (f), the following new
subsection:
``(g) Increased Access to Mentoring Services.--
``(1) In general.--The Secretary shall award, on a
competitive basis, a cooperative agreement with an eligible
entity (as specified in paragraph (2)) for the purposes of--
``(A) identifying and approving mentoring programs
in all 50 States and the District of Columbia that meet
certain quality program standards;
``(B) organizing outreach activities, including
making publicly available a list of such approved
programs, to appropriate public and private entities
described in subsection (d)(2) to increase awareness of
the availability of vouchers for mentoring services
among families of children of prisoners; and
``(C) distributing vouchers directly to such
approved programs that have been selected by families
of children of prisoners to provide mentoring services
for their children.
``(2) Eligible entity.--For purposes of paragraph (1), an
entity eligible for a cooperative agreement under this
subsection shall be a national mentoring support organization
that has substantial experience--
``(A) in mentoring and mentoring services for
children; and
``(B) in developing quality program standards for
the planning and assessment of mentoring programs for
children.
``(3) Application requirements.--To be eligible for a
cooperative agreement under this subsection, an entity shall
submit to the Secretary an application that includes the
following:
``(A) Qualifications.--A demonstration that the
entity meets the experience requirements of paragraph
(2).
``(B) Plan description.--A detailed description of
the proposed voucher distribution program, which
shall--
``(i) include the quality program standards
for mentoring developed by the entity;
``(ii) describe how the entity will
organize and implement such quality program
standards and distribution program, including
how the entity plans to ensure that--
``(I) children in urban and rural
communities and children with other
geographic, linguistic, or cultural
barriers to receipt of mentoring
services will have access to such
services; and
``(II) if the entity usually
provides gender-specific programs or
services, both girls and boys will be
appropriately served by the program;
``(iii) identify those organizations known
by the entity to comply with such quality
program standards;
``(iv) describe the strategic plan of the
entity to work with families of prisoners to
develop the list of mentoring programs that
accept vouchers distributed under the program
for mentoring services; and
``(v) describe the methods to be used by
the entity to evaluate the program and the
extent to which the program is achieving the
purposes described in paragraph (1) and
subsection (a)(2)(A).
``(C) Criminal background checks.--An agreement to
include in any quality program standards for approved
mentoring programs the requirement for criminal
background checks for mentors.
``(D) Records, reports, and audits.--An agreement
to maintain such records, make such reports, and
cooperate with such reviews and audits as the Secretary
may find necessary for purposes of oversight of the
cooperative agreement and expenditures.
``(E) Evaluation.--A commitment to cooperate fully
with the Secretary's ongoing and final evaluation of
the voucher distribution program, including providing
the Secretary with access to the program and program-
related records and documents, staff, and the mentoring
programs to which vouchers were distributed.
``(F) Other.--Such other information as the
Secretary may find necessary to demonstrate the
entity's capacity to carry out the cooperative
agreement under this subsection.
``(4) Federal assistance eligibility.--The amount of a
voucher under this subsection may be disregarded for purposes
of determining the eligibility for, or the amount of, any other
Federal or Federally supported assistance for the recipient
family.'';
(6) by amending subsection (h) (as redesignated by
paragraph (4)) to read as follows:
``(h) Evaluation; Reports.--
``(1) Evaluation.--The Secretary shall conduct an
evaluation of the programs authorized under this section,
including the program for increasing access to mentoring
services authorized under subsection (g).
``(2) Reports.--Not later than 12 months after the date of
enactment of the Improving Outcomes for Children Affected by
Meth Act of 2006, the Secretary shall submit a report to
Congress that includes the following:
``(A) The characteristics of the mentoring programs
funded under this section.
``(B) The plans for implementation of the
cooperative agreement for the program authorized under
subsection (g).
``(C) A description of the outcome-based evaluation
of the programs authorized under this section that the
Secretary is conducting as of such date of enactment
and how such evaluation has been expanded to include an
evaluation of the program authorized under subsection
(g).
``(D) The date on which the Secretary shall submit
a final report on such evaluation to Congress.''; and
(7) in subsection (i) (as so redesignated)--
(A) by striking ``2002 and 2003,'' and all that
follows through the period and inserting ``2007 through
2011.''; and
(B) in paragraph (2)--
(i) by amending the paragraph heading to
read as follows: ``Reservations'';
(ii) by striking ``The'' and inserting the
following:
``(A) Research, technical assistance, and
evaluation.--The''; and
(iii) by adding at the end the following
new subparagraph:
``(B) Increased access to mentoring services.--
``(i) In general.--Subject to clauses (ii)
and (iii), the Secretary shall reserve not more
than 50 percent of the amount appropriated for
each fiscal year under paragraph (1) for
purposes of carrying out the program for
increasing access to mentoring services
authorized under subsection (g).
``(ii) Assurance of funding for general
program grants.--With respect to each fiscal
year for which amounts are appropriated to
carry out this section, not less than
$25,000,000 of such amounts (or, if the amount
appropriated for a fiscal year is less than
that amount, the amount appropriated for that
fiscal year that remains after applying
subparagraph (A)) shall be used by the
Secretary for purposes of making grants under
subsection (c).
``(iii) Contingent percentage reduction.--
If the amount appropriated for a fiscal year is
not sufficient for the Secretary to satisfy the
requirements of clauses (i) and (ii), the
Secretary shall reduce the percentage described
in clause (i) by such number of percentage
points as is necessary for the Secretary to
satisfy the requirement of clause (ii).''.
(b) GAO Evaluation and Report.--Not later than 3 years after the
date of enactment of this Act, the Comptroller General of the United
States shall submit to Congress a report evaluating the implementation
and effectiveness of the program for increasing access to mentoring
services authorized under subsection (g) of section 439 of the Social
Security Act (42 U.S.C. 629i) (as added by the amendments made by
subsection (a)).
SEC. 5. ALLOTMENTS AND GRANTS TO INDIAN TRIBES.
(a) Increased Reserved Funding.--
(1) In general.--Section 436(b)(3) of the Social Security
Act (42 U.S.C. 629f(b)(3)) is amended by striking ``1'' and
inserting ``3''.
(2) Discretionary grants.--Section 437(b)(3) of the Social
Security Act (42 U.S.C. 629g(b)(3)) is amended by striking
``2'' and inserting ``3''.
(b) Authority for Tribal Consortia To Receive Allotments.--
(1) Allotment of mandatory funds.--
(A) In general.--Section 433(a) of the Social
Security Act (42 U.S.C. 629c(a)) is amended--
(i) in the subsection heading, by inserting
``or tribal consortia'' after ``tribes''; and
(ii) by adding at the end the following new
sentence: ``If a consortium of Indian tribes
submits a plan approved under this subpart, the
Secretary shall allot to the consortium an
amount equal to the sum of the allotments
determined for each Indian tribe that is part
of the consortium.''.
(B) Conforming amendment.--Section 436(b)(3) of
such Act (42 U.S.C. 629f(b)(3)), as amended by
subsection (a)(1), is amended--
(i) in the paragraph heading, by inserting
``or tribal consortia'' after ``tribes''; and
(ii) by inserting ``or tribal consortia''
after ``Indian tribes''.
(2) Allotment of any discretionary funds.--Section 437 of
the Social Security Act (42 U.S.C. 629g) is amended--
(A) in subsection (b)(3)--
(i) in the paragraph heading, by inserting
``or tribal consortia'' after ``tribes''; and
(ii) by inserting ``or tribal consortia''
after ``Indian tribes''; and
(B) in subsection (c)(1)--
(i) in the paragraph heading, by inserting
``or tribal consortia'' after ``tribes''; and
(ii) by adding at the end the following new
sentence: ``If a consortium of Indian tribes
applies and is approved for a grant under this
section, the Secretary shall allot to the
consortium an amount equal to the sum of the
allotments determined for each Indian tribe
that is part of the consortium.''.
(3) Additional conforming amendments.--
(A) Plans of indian tribes.--Section 432(b)(2) of
the Social Security Act (42 U.S.C. 629b(b)(2)) is
amended--
(i) in the paragraph heading, by inserting
``or tribal consortia'' after ``tribes''; and
(ii) in subparagraphs (A) and (B), by
inserting ``or tribal consortium'' after
``Indian tribe'' each place it appears.
(B) Direct payments to tribal organizations.--
Section 434(c) of such Act (42 U.S.C. 629d(c)) is
amended--
(i) in the subsection heading, by inserting
``or Tribal Consortia'' after ``Tribes''; and
(ii) by inserting ``or tribal consortium''
after ``Indian tribe'' the first place it
appears; and
(iii) by inserting ``or in the case of a
payment to a tribal consortium, such tribal
organizations of, or entity established by, the
Indian tribes that are part of the consortium
as the consortium shall designate'' before the
period.
(C) Evaluations; research; technical assistance.--
Section 435(d) of such Act (42 U.S.C. 629e(d)) is
amended in the matter preceding paragraph (1), by
inserting ``or tribal consortia'' after ``Indian
tribes''.
SEC. 6. ADDITIONAL STATE PLAN AMENDMENTS.
(a) Additional Monitoring and Evaluation of Families Adopting or
Fostering Significant Numbers of Children.--
(1) In general.--Section 432(a)(5) of the Social Security
Act (42 U.S.C. 629b(a)(5)) is amended--
(A) in subparagraph (A)(iii), by striking ``and''
after the semicolon; and
(B) by adding at the end the following new
subparagraphs:
``(C) establish procedures to provide for the
additional evaluation of, and identification of
additional supports and services needed by, any family
that proposes to provide foster care for more than 4
children or more than 1 group of siblings (or more than
such number of children and groups of siblings as the
State, upon demonstration of good cause and approval by
the Secretary, may establish), prior to permitting the
family to provide foster care to such children or
siblings, and to provide for ongoing monitoring and
support of the family (prior to and during the
provision of such foster care), to fully assess whether
the family has the ability to care for such children or
siblings; and
``(D) establish procedures to provide for the
additional evaluation of, and identification of
additional supports and services needed by, any family
that proposes to adopt more than 4 children or more
than 1 group of siblings (or more than such number of
children and groups of siblings as the State, upon
demonstration of good cause and approval by the
Secretary, may establish), prior to permitting the
family to adopt such children or siblings, and to
provide pre-adoption monitoring of, and to identify any
pre-adoption supports and services needed by the
family, to fully assess whether the family has the
ability to care for such children or siblings before
permitting such adoption;''.
(2) Deadline for submission and approval or modification of
implementation plan.--
(A) State submissions.--Not later than 18 months
after the date of enactment of this Act, each State
with a plan approved under subpart 2 of part B of title
IV of the Social Security Act, as a condition of
continued approval of such plan, shall submit to the
Secretary of Health and Human Services a plan for the
implementation of the procedures required under
subparagraphs (C) and (D) of section 432(a)(5) of the
Social Security Act, as added by paragraph (1).
(B) Approval or modification.--Not later than 60
days after the date on which a State submits the
implementation plan required under subparagraph (A) to
the Secretary of Health and Human Services, the
Secretary shall approve such plan or notify the State
of additions or modifications to such plan that are
required before it can be approved.
(b) Annual Budget Requests, Summaries, and Expenditure Reports.--
(1) In general.--Section 432(a)(8) of the Social Security
Act (42 U.S.C. 629b(a)(8)) is amended--
(A) by inserting ``(A)'' after ``(8)'';
(B) by striking ``and'' after the semicolon; and
(C) by adding at the end the following new
subparagraph:
``(B) provides that, not later than June 30 of each year,
the State agency will submit to the Secretary--
``(i) copies of forms CFS 101-Part I and CFS 101-
Part II (or any successor forms) that report on planned
child and family services expenditures by the agency
for the immediately succeeding fiscal year; and
``(ii) copies of forms CFS 101-Part I and CFS 101-
Part II (or any successor forms) that provide, only
with respect to the programs authorized under this
subpart and subpart 1, actual expenditures by the State
agency for the immediately preceding fiscal year;
and''.
(2) Annual submission of state reports to congress.--
Section 432 of the Social Security Act (42 U.S.C. 629b) is
amended by adding at the end the following new subsection:
``(c) Annual Submission of State Reports to Congress.--The
Secretary shall compile the reports required under subsection (a)(8)(B)
and, not later than September 30 of each year, submit such compilation
to the Committee on Ways and Means of the House of Representatives and
the Committee on Finance of the Senate.''.
(3) Effective date; initial deadlines for submissions.--The
amendments made by this subsection take effect on the date of
enactment of this Act. Each State with an approved plan under
subpart 1 or 2 of part B of title IV of the Social Security Act
shall make its initial submission of the forms required under
section 432(a)(8)(B) of the Social Security Act to the
Secretary of Health and Human Services by June 30, 2007, and
the Secretary of Health and Human Services shall submit the
first compilation required under section 432(c) of such Act by
September 30, 2007.
SEC. 7. REQUIREMENT FOR FOSTER CARE PROCEEDING TO INCLUDE, IN AN AGE-
APPROPRIATE MANNER, CONSULTATION WITH THE CHILD THAT IS
THE SUBJECT OF THE PROCEEDING.
Section 475(5)(C) of the Social Security Act (42 U.S.C. 675(5)(C))
is amended--
(1) by inserting ``(i)'' after ``with respect to each such
child,'';
(2) by striking ``and procedural safeguards shall also''
and inserting ``(ii) procedural safeguards shall''; and
(3) by inserting ``and (iii) procedural safeguards shall be
applied to assure that in any permanency hearing held with
respect to the child and, in the case of a child who has
attained age 16, any hearing regarding the transition of the
child from foster care to independent living, the court or
administrative body conducting the hearing consults, in an age-
appropriate manner, with the child regarding the proposed
permanency or transition plan for the child;'' after
``parents;''.
SEC. 8. EFFECTIVE DATE.
(a) In General.--Except as otherwise provided in this Act, the
amendments made by this Act shall take effect on October 1, 2006, and
shall apply to payments under subpart 2 of part B and part 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 subpart 2 of part B or part 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
first regular session of the State legislature that begins after the
date of the 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.
Passed the Senate July 13, 2006.
Attest:
EMILY J. REYNOLDS,
Secretary.