[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5466 Introduced in House (IH)]







110th CONGRESS
  2d Session
                                H. R. 5466

 To improve outcomes for vulnerable children by investing in families, 
improving accountability in the child welfare system, and finding safe, 
            stable, and permanent homes for foster children.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 14, 2008

   Mr. McDermott (for himself, Mr. Stark, Mr. Lewis of Georgia, Ms. 
Berkley, Mr. Davis of Alabama, Ms. DeLauro, and Mr. Fattah) introduced 
  the following bill; which was referred to the Committee on Ways and 
                                 Means

_______________________________________________________________________

                                 A BILL


 
 To improve outcomes for vulnerable children by investing in families, 
improving accountability in the child welfare system, and finding safe, 
            stable, and permanent homes for foster children.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Investment in Kids' Instruction, 
Development and Support Act'' or the ``Invest in KIDS Act''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents of this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--PROVIDING SERVICES TO STRENGTHEN FAMILIES AND REDUCE THE NEED 
                            FOR FOSTER CARE

Sec. 101. Child and family services program.
  TITLE II--ENSURING FEDERAL FOSTER COVERAGE FOR ALL CHILDREN IN NEED

Sec. 201. Expanded eligibility for foster care and adoption assistance.
Sec. 202. Flexibility to establish separate standards for relative 
                            foster family homes.
Sec. 203. Application of standards to all children.
       TITLE III--SUPPORTING A QUALIFIED CHILD WELFARE WORKFORCE

Sec. 301. Child welfare service quality improvement grants.
Sec. 302. Increase in payment rate for States for expenditures for 
                            short term training of staff of certain 
                            child welfare agencies and court personnel.
  TITLE IV--CONNECTING CHILDREN TO SUPPORT, FAMILY, HEALTH CARE, AND 
                                 SCHOOL

                   Subtitle A--Connection to Support

Sec. 401. State option for children in foster care after attaining age 
                            18.
                   Subtitle B--Connections to Family

Sec. 411. Kinship guardianship assistance payments for children.
Sec. 412. Family connection grants.
Sec. 413. Information on adoption tax credit.
Sec. 414. Adoption incentives program.
Sec. 415. Sibling placement.
                 Subtitle C--Connections to Health Care

Sec. 421. Health oversight and coordination plan.
                   Subtitle D--Connections to School

Sec. 431. Educational stability.

TITLE I--PROVIDING SERVICES TO STRENGTHEN FAMILIES AND REDUCE THE NEED 
                            FOR FOSTER CARE

SEC. 101. CHILD AND FAMILY SERVICES PROGRAM.

    (a) Child and Family Services Component of State Plan.--Section 
471(a) of the Social Security Act (42 U.S.C. 671(a)) is amended--
            (1) by striking ``and'' at the end of paragraph (26);
            (2) by striking the period at the end of paragraph (27) and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(28) at the option of the State, includes a child and 
        family services component that describes in detail--
                    ``(A) how the State intends to spend the funds 
                provided under section 474(a)(5), and an assurance that 
                the State will submit to the Secretary reports on 
                annual spending of the funds in accordance with a 
                detailed, uniform system which shall be developed by 
                the Secretary;
                    ``(B) the goals the State intends to achieve with 
                the expenditure of the funds; and
                    ``(C) the process by which the State intends to 
                assess the effects of the expenditure of the funds on--
                            ``(i) the goals referred to in subparagraph 
                        (B) of this paragraph; and
                            ``(ii) other indicators of child welfare 
                        performance; and
                    ``(D) whether the State intends to spend funds 
                provided under section 474(a)(5) to implement, in whole 
                or in part, a corrective action plan referred to in 
                subsection (b)(2)(B) of this section.''.
    (b) Approval of Child and Family Services Component.--Section 
471(b) of such Act (42 U.S.C. 671(b)) is amended to read as follows:
    ``(b)(1) The Secretary shall approve any plan which complies with 
subsection (a), subject to paragraph (2) of this subsection.
    ``(2)(A) The Secretary may not approve the child and family 
services component of a plan submitted pursuant to this part if there 
is in effect a final determination under section 1123A that a State 
program under part B or this part has failed to substantially conform 
with the requirements, regulations, and plans referred to in section 
1123A(a) that apply to the program, unless the State is implementing a 
corrective action plan referred to in section 1123A(b)(4)(A) with 
respect to the failure. The Secretary may disapprove the component if 
the State is not making meaningful progress in ending the failure to so 
conform.
    ``(B) The Secretary may disapprove the child and family services 
component of a plan submitted pursuant to this part if--
            ``(i) the component describes an intention of the State to 
        expend funds using a method that is substantially similar to a 
        specific method used by the State to expend funds pursuant to 
        the State plan approved under this part in not less than 2 of 
        the 5 most recently preceding fiscal years; and
            ``(ii) the prior spending failed to result in meaningful 
        progress towards achieving the goals described in the plan 
        pursuant to subsection (a)(28)(B), determined on the basis of 
        the process referred to in subsection (a)(28)(C).''.
    (c) Payments to States.--Section 474(a) of such Act (42 U.S.C. 
674(a)) is amended--
            (1) by striking the period at the end of paragraph (4) and 
        inserting ``; plus''; and
            (2) by adding at the end the following:
            ``(5) an amount equal to the Federal medical assistance 
        percentage (as defined in section 1905(b)) of the total amount 
        expended during such quarter to provide (and evaluate the 
        provision of) services which seek to--
                    ``(A) safely reduce the number of children in 
                foster care;
                    ``(B) safely reduce the length of stay for children 
                in foster care;
                    ``(C) increase the percentage of foster children 
                who are cared for in family-like settings; and
                    ``(D) improve the well-being of children in foster 
                care, in an adoption eligible for payments under 
                section 473, or in a kinship guardianship arrangement 
                eligible for payments under section 473(d); and''.
    (d) Applicability to Indian Tribes.--Section 479B(b)(2)(A)(i) of 
such Act, as added by section 201(e)(2) of this Act, is amended by 
striking ``(1) and (2)'' and inserting ``(1), (2), and (5)''.
    (e) Nonsupplantation.--Section 474 of such Act (42 U.S.C. 674) is 
amended by adding at the end the following:
    ``(g) A State to which funds are paid under subsection (a)(5) shall 
use those funds to supplement and not supplant any Federal, State or 
local funds used for services described in such subsection.''.

  TITLE II--ENSURING FEDERAL FOSTER COVERAGE FOR ALL CHILDREN IN NEED

SEC. 201. EXPANDED ELIGIBILITY FOR FOSTER CARE AND ADOPTION ASSISTANCE.

    (a) Foster Care.--
            (1) Elimination of income eligibility requirement.--
                    (A) In general.--Section 472(a) of the Social 
                Security Act (42 U.S.C. 672(a)) is amended--
                            (i) in paragraph (1), by striking 
                        ``specified'' and all that follows and 
                        inserting ``or caretaker into foster care if 
                        the removal and foster care placement met, and 
                        continues to meet, the requirements of 
                        paragraph (2).''; and
                            (ii) by striking paragraphs (3) and (4).
                    (B) Conforming amendment.--Section 470 of such Act 
                (42 U.S.C. 670) is amended by striking ``who otherwise 
                would have been eligible for assistance under the 
                State's plan approved under part A (as such plan was in 
                effect on June 1, 1995)''.
            (2) Foster care maintenance payments match rate.--Section 
        474 (42 U.S.C. 674), as amended by section 101(e) of this Act, 
        is amended--
                    (A) in subsection (a)(1), by inserting ``, subject 
                to subsection (h)(1)'' before the semicolon; and
                    (B) by adding at the end the following:
    ``(h)(1)(A) The Secretary shall reduce the percentage by which 
expenditures referred to in subsection (a)(1) are reimbursed, by such 
equal percentage for all States as may be necessary to ensure that--
                    ``(i) the ratio, for any calendar quarter, of the 
                total of the amounts payable to States under such 
                subsection to the total of all amounts expended by the 
                States as foster care maintenance payments (whether or 
                not eligible for reimbursement under this part), 
                excluding any expenditure made from other funds 
                provided by the Federal Government; equals
                    ``(ii) the average such ratio for the 12 quarters 
                most recently preceding the effective date of this 
                subsection.
    ``(B)(i) The Secretary shall establish procedures to allow States 
to submit to the Secretary supplemental claims for reimbursement of 
expenditures referred to in subsection (a)(1) incurred during the 3-
year period beginning with the effective date of this subsection.
    ``(ii) A supplemental claim for reimbursement of expenditures 
referred to in subsection (a)(1) that is submitted by a State may be 
for an amount that does not exceed the amount (if any) by which--
            ``(I) the maximum amount the State lawfully could have 
        claimed under this section with respect to the expenditures, if 
        this subsection had not been enacted; exceeds
            ``(II) the amount the State otherwise claims under this 
        section with respect to the expenditures.
    ``(iii) The Secretary shall pay to a State that submits a 
supplemental claim in accordance with this subparagraph the total 
amount claimed.
    ``(C) For each State with respect to which a claim has been paid 
under subparagraph (B) of this paragraph, the Secretary shall--
            ``(i) calculate the overall rate at which the expenditures 
        referred to in subsection (a)(1) have been reimbursed under 
        this part during the 3-year period described in subparagraph 
        (B) of this paragraph; and
            ``(ii) for each subsequent calendar quarter, reimburse the 
        expenditures at the overall rate.''.
    (b) Adoption Assistance.--
            (1) Elimination of income eligibility requirement.--Section 
        473(a)(2) of such Act (42 U.S.C. 673(a)(2)) is amended to read 
        as follows:
            ``(2)(A) For purposes of paragraph (1)(B)(ii), a child 
        meets the requirements of this paragraph if the child--
                    ``(i)(I) at the time adoption proceedings were 
                initiated, had been removed from his or her home--
                            ``(aa) pursuant to a voluntary placement 
                        agreement with respect to which Federal 
                        payments are provided under section 474; or
                            ``(bb) as a result of a judicial 
                        determination to the effect that continuation 
                        therein would be contrary to the welfare of the 
                        child;
                    ``(II) is eligible for supplemental security income 
                benefits under title XVI; or
                    ``(III) is a child whose costs in a foster family 
                home or child-care institution are covered by the 
                foster care maintenance payments being made with 
                respect to the minor parent of the child as described 
                in section 475(4)(B); and
                    ``(ii) has been determined by the State, pursuant 
                to subsection (c), to be a child with special needs.
                    ``(B) A child who meets the requirements of 
                subparagraph (A)(ii) of this paragraph, who was 
                determined eligible for adoption assistance payments 
                under this part with respect to a prior adoption, and 
                who is available for adoption because the prior 
                adoption has been dissolved and the parental rights of 
                the adoptive parents have been terminated or because 
                the child's adoptive parents have died, shall be 
                treated as meeting the requirements of this paragraph 
                for purposes of paragraph (1)(B)(ii).''.
            (2) Adoption assistance payments match rate.--Section 474 
        of such Act (42 U.S.C. 674) is amended--
                    (A) in subsection (a)(2), by inserting ``, subject 
                to subsection (h)(2)'' before the semicolon; and
                    (B) by adding at the end of subsection (h) (as 
                added by subsection (a)(2)(B) of this section) the 
                following:
    ``(2)(A) The Secretary shall reduce the percentage by which the 
expenditures referred to in subsection (a)(2) are reimbursed, by such 
equal percentage for all States as may be necessary to ensure that--
            ``(i) the ratio, for any calendar quarter, of the total of 
        the amounts payable to States under such subsection to the 
        total of all amounts expended by the States as adoption 
        assistance payments (whether or not eligible for reimbursement 
        under this part), excluding any expenditure made from other 
        funds provided by the Federal Government; equals
            ``(ii) the average such ratio for the 12 quarters most 
        recently preceding the effective date of this subsection.
    ``(B)(i) The Secretary shall establish procedures to allow States 
to submit to the Secretary supplemental claims for reimbursement of 
expenditures referred to in subsection (a)(2) incurred during the 3-
year period beginning with the effective date of this subsection.
    ``(ii) A supplemental claim for reimbursement of expenditures 
referred to in subsection (a)(2) that is submitted by a State may be 
for an amount that does not exceed the amount (if any) by which--
            ``(I) the maximum amount the State lawfully could have 
        claimed under this section with respect to the expenditures, if 
        this subsection had not been enacted; exceeds
            ``(II) the amount the State otherwise claims under this 
        section with respect to the expenditures.
    ``(iii) The Secretary shall pay to a State that submits a 
supplemental claim in accordance with this subparagraph the total 
amount claimed.
    ``(C) For each State with respect to which a claim has been paid 
under subparagraph (B) of this paragraph, the Secretary shall--
            ``(i) calculate the overall rate at which the expenditures 
        referred to in subsection (a)(2) have been reimbursed under 
        this part during the 3-year period described in subparagraph 
        (B) of this paragraph; and
            ``(ii) for each subsequent calendar quarter, reimburse the 
        expenditures at the overall rate.''.
    (c) Administrative Costs.--
            (1) In general.--Section 474 of such Act (42 U.S.C. 674) is 
        amended--
                    (A) in subsection (a)(3)(E), by inserting ``, 
                subject to subsection (h)(3)'' after ``expenditures''; 
                and
                    (B) by adding at the end of subsection (h) (as 
                added by subsection (a)(2)(B) of this section) the 
                following:
    ``(3)(A) The Secretary shall reduce the percentage by which the 
expenditures referred to in subsection (a)(3)(E) are reimbursed, by 
such equal percentage for all States as may be necessary to ensure 
that--
            ``(i) the ratio, for any calendar quarter, of the total of 
        the amounts payable to States under subsection (a)(3)(E) to the 
        total of all amounts expended by the States for expenditures 
        referred to in such subsection (whether or not eligible for 
        reimbursement under this part), excluding any expenditure made 
        from other funds provided by the Federal Government; equals
            ``(ii) the average such ratio for the 12 quarters most 
        recently preceding the effective date of this subsection.
    ``(B) The Secretary shall establish procedures to allow States to 
submit to the Secretary supplemental claims for reimbursement of 
expenditures referred to in subsection (a)(3)(E) incurred during the 3-
year period beginning with the effective date of this subsection.
    ``(C) The Secretary shall pay a claim submitted pursuant to 
subparagraph (B) with respect to an expenditure, to the extent that, in 
the absence of this paragraph, an amount would be payable under this 
part with respect to the expenditure.
    ``(D) For each State with respect to which a claim has been paid 
under subparagraph (B) of this paragraph, the Secretary shall--
            ``(i) calculate the overall rate at which the expenditures 
        referred to in subsection (a)(3)(E) have been reimbursed under 
        this part during the 3-year period described in subparagraph 
        (B) of this paragraph; and
            ``(ii) for each subsequent calendar quarter, reimburse the 
        expenditures at the overall rate.''.
            (2) Limitation on expenditures not related to placement or 
        case management activities.--Section 474 of such Act (42 U.S.C. 
        674), as amended by the preceding provisions of this section, 
        is amended by adding at the end the following:
    ``(i) A State shall not use more than 15 percent of the amounts 
paid to the State under subsection (a)(3)(E) for expenditures relating 
to determining eligibility, setting rates for foster care homes and 
institutions, and the proportionate share of related agency 
overhead.''.
    (d) Removal of Title IV-E From Funding Cap for the Territories.--
Section 1108 of such Act (42 U.S.C. 1308) is amended in each of 
subsections (a)(1) and (b)(1), by striking ``parts A and E'' and 
inserting ``part A''.
    (e) Authority of Indian Tribes To Receive Federal Funds for Foster 
Care and Adoption Assistance.--
            (1) Children placed in tribal custody eligible for foster 
        care funding.--Section 472(a)(2)(B) of such Act (42 U.S.C. 
        672(a)(2)(B)) is amended--
                    (A) by striking ``or'' at the end of clause (i);
                    (B) by striking ``and'' and inserting ``or'' at the 
                end of clause (ii); and
                    (C) by adding at the end the following:
                            ``(iii) an Indian tribe or tribal 
                        organization (as defined in section 479B(e)) or 
                        an intertribal consortium, if the Indian tribe, 
                        tribal organization, or consortium--
                                    ``(I) is operating a program 
                                pursuant to section 479B;
                                    ``(II) has a cooperative agreement 
                                with a State pursuant to section 
                                479B(c); or
                                    ``(III) submits to the Secretary a 
                                description of the arrangements 
                                (jointly developed or developed in 
                                consultation with the State) made by 
                                the Indian tribe, tribal organization, 
                                or consortium for the payment of funds 
                                and the provision of the child welfare 
                                services and protections required by 
                                this title; and''.
            (2) Programs operated by indian tribal organizations.--Part 
        E of title IV of such Act (42 U.S.C. 670 et seq.) is amended by 
        adding at the end the following:

``SEC. 479B. PROGRAMS OPERATED BY INDIAN TRIBAL ORGANIZATIONS.

    ``(a) Application.--Except as provided in subsection (b), this part 
shall apply to an Indian tribe or tribal organization that elects to 
operate a program under this part in the same manner as this part 
applies to a State.
    ``(b) Modification of Plan Requirements.--
            ``(1) Service area; standards.--
                    ``(A) In general.--Subject to subparagraph (B), in 
                the case of an Indian tribe or tribal organization 
                submitting a plan for approval under section 471, the 
                plan shall--
                            ``(i) in lieu of the requirement of section 
                        471(a)(3), identify the service area or areas 
                        and population to be served by the Indian tribe 
                        or tribal organization; and
                            ``(ii) in lieu of the requirement of 
                        section 471(a)(10), provide for the approval of 
                        foster homes pursuant to tribal standards and 
                        in a manner that ensures the safety of, and 
                        accountability for, children placed in foster 
                        care.
                    ``(B) Special rule.--With respect to an Indian 
                tribe located in the State of Alaska--
                            ``(i) subparagraph (A)(ii) of this 
                        paragraph shall not apply; and
                            ``(ii) the requirement of section 
                        471(a)(10) shall apply to a plan submitted by 
                        the tribe.
            ``(2) Determination of federal share.--
                    ``(A) Per capita income.--
                            ``(i) In general.--For purposes of 
                        determining the Federal medical assistance 
                        percentage applicable to an Indian tribe or 
                        tribal organization under paragraphs (1) and 
                        (2) of section 474(a), the calculation of an 
                        Indian tribe's or tribal organization's per 
                        capita income shall be based on the service 
                        population of the Indian tribe or tribal 
                        organization as defined in its plan in 
                        accordance with paragraph (1)(A) of this 
                        subsection.
                            ``(ii) Consideration of other 
                        information.--An Indian tribe or tribal 
                        organization may submit to the Secretary such 
                        information as the Indian tribe or tribal 
                        organization considers relevant to the 
                        calculation of the per capita income of the 
                        Indian tribe or tribal organization, and the 
                        Secretary shall consider such information 
                        before making the calculation.
                    ``(B) Administrative expenditures.--The Secretary 
                shall, by regulation, determine the percentages to be 
                paid to Indian tribes and tribal organizations pursuant 
                to section 474(a)(3), which shall not be less than the 
                corresponding percentages specified for a State in that 
                section.
                    ``(C) Sources of non-federal share.--The Secretary 
                shall make payments under section 474 with respect to 
                expenditures of an Indian tribe or tribal organization, 
                without regard to the source of the funds used for the 
                expenditure.
            ``(3) Modification of other requirements.--Upon the request 
        of an Indian tribe, a tribal organization, or a consortium of 
        tribes or tribal organizations, the Secretary may modify any 
        requirement under this part if, after consulting with the 
        Indian tribe, tribal organization, or consortium, the Secretary 
        determines that modification of the requirement would advance 
        the best interests and the safety of children served by the 
        Indian tribe, tribal organization, or consortium.
            ``(4) Consortium.--The participating Indian tribes or 
        tribal organizations of an intertribal consortium may develop 
        and submit a single plan under section 471 that meets the 
        requirements of this section.
    ``(c) Cooperative Agreements.--An Indian tribe, tribal 
organization, or intertribal consortium and a State may enter into a 
cooperative agreement for the administration or payment of funds 
pursuant to this part. In any case where an Indian tribe, tribal 
organization, or intertribal consortium and a State enter into a 
cooperative agreement that incorporates any of the provisions of this 
section, those provisions shall be valid and enforceable. Any such 
cooperative agreement that is in effect as of the date of the enactment 
of this section, shall remain in full force and effect subject to the 
right of either party to the agreement to revoke or modify the 
agreement pursuant to the terms of the agreement.
    ``(d) Regulations.--Not later than 1 year after the date of the 
enactment of this section, the Secretary shall, in full consultation 
with Indian tribes and tribal organizations, promulgate regulations to 
carry out this section.
    ``(e) Definitions of Indian Tribe; Tribal Organization.--In this 
section, the terms `Indian tribe' and `tribal organization' have the 
meanings given those terms in subsections (e) and (l) of section 4 of 
the Indian Self-Determination and Education Assistance Act (25 U.S.C. 
450b), respectively, except that, with respect to the State of Alaska, 
the term `Indian tribe' has the meaning given that term in section 
419(4)(B) of this Act.''.
    (f) Conforming Changes for FMAP for the District of Columbia.--
Section 474(a) of such Act (42 U.S.C. 674(a)) is amended in each of 
paragraphs (1) and (2) by striking ``(as defined in section 1905(b) of 
this Act)'' inserting ``(which shall be as defined in section 1905(b), 
in the case of a State other than the District of Columbia, or 70 
percent, in the case of the District of Columbia)''.

SEC. 202. FLEXIBILITY TO ESTABLISH SEPARATE STANDARDS FOR RELATIVE 
              FOSTER FAMILY HOMES.

    Section 471(a)(10) of the Social Security Act (42 U.S.C. 
671(a)(10)) is amended by inserting before the semicolon the following: 
``, and, at the option of the State, that the authority or authorities 
may--
                    ``(A) establish and maintain separate standards for 
                foster family homes in which a foster parent is a 
                relative of the foster child, that, at a minimum, 
                protect the safety of the child and provide for 
                criminal records checks; and
                    ``(B) apply the standards referred to in 
                subparagraph (A) of this paragraph to any such relative 
                foster care provider to whom funds are paid pursuant to 
                section 472 or part B in lieu of the standards that 
                would otherwise apply to a foster family home.''.

SEC. 203. APPLICATION OF STANDARDS TO ALL CHILDREN.

    Section 471(a)(10) of the Social Security Act (42 U.S.C. 
671(a)(10)) is amended by striking ``receiving funds under this part or 
part B of this title'' and inserting ``caring for a child who is in the 
custody of the State''.

       TITLE III--SUPPORTING A QUALIFIED CHILD WELFARE WORKFORCE

SEC. 301. CHILD WELFARE SERVICE QUALITY IMPROVEMENT GRANTS.

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

           ``Subpart 3--Supporting Quality Front Line Workers

``SEC. 441. CHILD WELFARE SERVICE QUALITY IMPROVEMENT GRANTS.

    ``(a) In General.--The Secretary, acting through the Administration 
of Children and Families, shall make grants to States to improve the 
quality of child welfare services by increasing the quality and 
capacity of their child welfare workforce or by increasing the 
coordination of their child welfare services.
    ``(b) Applications.--
            ``(1) Contents.--A State desiring to receive a grant under 
        this section shall submit to the Secretary an application that 
        includes the following:
                    ``(A) Plan.--A detailed description of how the 
                State intends to expend funds provided under this part 
                to improve the performance of the State in such 
                indicators set forth in paragraph (2) as the State may 
                select.
                    ``(B) Baseline data.--The data described by each 
                indicator selected by the State under paragraph (1), 
                with respect to all child welfare agencies in the 
                State, for the fiscal year preceding the first fiscal 
                year for which the grant is requested.
                    ``(C) Budget.--A budget showing how the State would 
                expend funds (including any grant funds provided under 
                this section) for child welfare services or the 
                improvement of the services.
                    ``(D) Assurance.--An assurance that the State will 
                submit to the Secretary reports on annual expenditures 
                of the funds, and the effects of the expenditures on 
                improving the performance described in subparagraph 
                (A).
            ``(2) Indicators.--The indicators set forth in this 
        paragraph are the following:
                    ``(A) The average number of children or families, 
                per caseworker--
                            ``(i) for caseworkers who provide services 
                        for abused or neglected children and their 
                        families;
                            ``(ii) for caseworkers who provide services 
                        to strengthen and preserve families with 
                        children;
                            ``(iii) for caseworkers who provide 
                        adoption services; and
                            ``(iv) for caseworkers who provide family 
                        foster care services.
                    ``(B) The average rate at which supervisory child 
                welfare workers left employment, and at which 
                nonsupervisory child welfare workers left employment.
                    ``(C) The average duration of employment of 
                supervisory child welfare workers and of nonsupervisory 
                child welfare workers.
                    ``(D) The total number and percentage of 
                supervisory child welfare workers and of nonsupervisory 
                child welfare workers who have received a bachelor's or 
                more advanced degree from an institution of higher 
                education, in the aggregate, and broken down by field 
                of study.
                    ``(E) The average number of staff for whom 
                supervisory child welfare workers are responsible.
                    ``(F) The range and scope of training 
                opportunities, including numbers and percentage of 
                supervisory child welfare staff and of nonsupervisory 
                child welfare staff engaged in training programs.
            ``(3) Amendment of applications.--A State may at any time 
        submit to the Secretary an amendment to the application of the 
        State under this subsection. On approval of such an amendment, 
        the application shall be considered to include the amendment.
            ``(4) Consideration.--The Secretary may disapprove an 
        application submitted pursuant to this subsection if--
                    ``(A) the application describes a method by which 
                the State intends to expend funds using a method that 
                is substantially similar to a specific method used by 
                the State to expend funds pursuant to the State plan 
                approved under this part in not less than 2 of the 5 
                most recently preceding fiscal years; and
                    ``(B) the prior spending failed to result in 
                meaningful progress in improving the performance of the 
                State in the indicators selected by the State pursuant 
                to paragraph (1)(A).
    ``(c) Grants.--
            ``(1) In general.--On certification by the Secretary that a 
        State application for a grant under this section meets the 
        requirements of subsection (b), and on approval by the 
        Secretary of the application, the State shall be eligible to 
        receive a grant under this section for each fiscal year for 
        which funds are available for such a grant.
            ``(2) Grant amount.--The Secretary shall make a grant to 
        each State that is eligible to receive a grant under this 
        section for a fiscal year, in an amount equal to the lesser 
        of--
                    ``(A) the amount finally allotted to or reserved 
                for the State under this subsection for the fiscal 
                year; or
                    ``(B) 3 times the amount that the State has 
                committed to spend to carry out the activities 
                described in the approved application.
            ``(3) Reservation of funds.--
                    ``(A) Puerto rico.--The Secretary shall reserve 
                1.75 percent of the funds appropriated pursuant to 
                subsection (j) for each fiscal year, for a grant to 
                Puerto Rico under this section for the fiscal year. If, 
                for a fiscal year, Puerto Rico does not submit to the 
                Secretary an application that meets the requirements of 
                subsection (b), the funds so reserved shall be 
                available for allotment under paragraph (4) of this 
                subsection for the succeeding fiscal year or (if the 
                succeeding fiscal year is fiscal year 2009) remitted to 
                the Treasury of the United States.
                    ``(B) Other territories.--The Secretary shall 
                reserve 0.3 percent of the funds appropriated pursuant 
                to subsection (j) for each fiscal year, for grants 
                among the United States Virgin Islands, Guam, American 
                Samoa, and the Commonwealth of the Northern Mariana 
                Islands under this section in such amounts as the 
                Secretary deems appropriate for the fiscal year. If, 
                for a fiscal year, none of such territories submits to 
                the Secretary an application that meets the 
                requirements of subsection (b), the funds so reserved 
                shall be available for allotment under paragraph (4) of 
                this subsection for the succeeding fiscal year or (if 
                the succeeding fiscal year is fiscal year 2009) 
                remitted to the Treasury of the United States.
                    ``(C) Indian tribes.--The Secretary shall reserve 2 
                percent of the funds appropriated pursuant to 
                subsection (j) for each fiscal year, for grants among 
                Indian tribes under this section in such amounts as the 
                Secretary deems appropriate for the fiscal year. If, 
                for a fiscal year, the Secretary does not receive from 
                any Indian tribe an application that meets the 
                requirements of subsection (b), the funds so reserved 
                shall be available for allotment under paragraph (4) of 
                this subsection for the succeeding fiscal year or (if 
                the succeeding fiscal year is fiscal year 2009) 
                remitted to the Treasury of the United States.
                    ``(D) Technical assistance and evaluations.--The 
                Secretary shall reserve 1 percent of the funds 
                appropriated pursuant to subsection (j) for each fiscal 
                year, to pay the costs of providing technical 
                assistance and conducting evaluations under this 
                section.
            ``(4) Allotments.--
                    ``(A) Initial allotment.--From the amount available 
                to carry out this section for a fiscal year that 
                remains after applying paragraph (3) for the fiscal 
                year (including any amount available for allotment 
                under this paragraph for the fiscal year after applying 
                paragraph (3) for the preceding fiscal year), the 
                Secretary shall initially allot to each State not 
                described in paragraph (3) for a fiscal year an amount 
                that bears the same ratio to the remaining amount as 
                the number of individuals who reside in the State and 
                have not attained 18 years of age bears to the total 
                number of such individuals in all States not described 
                in paragraph (3) that are eligible for a grant under 
                this section for such most recent fiscal year.
                    ``(B) Final allotment.--The Secretary shall reduce 
                the amount initially allotted to each State with an 
                initial allotment under subparagraph (A) of more than 
                $300,000, on a pro rata basis, to the extent necessary 
                to ensure that the amount finally allotted to each such 
                State is not less than $300,000.
    ``(d) Use of Grant.--
            ``(1) In general.--A State to which a grant is made under 
        this section shall use the grant in accordance with the 
        approved application for the grant.
            ``(2) Availability of funds.--A State that receives funds 
        under this section shall remit to the Secretary any of such 
        funds that remain unexpended by the State at the end of the 2-
        year period that begins with the date of the receipt.
            ``(3) Nonsupplantation.--A State to which a grant is made 
        under this section shall use the grant to supplement and not 
        supplant any Federal, State, or local funds used for child 
        welfare services or child welfare training.
    ``(e) Monitoring.--The Secretary shall monitor the activities of 
grantees under this section to ensure compliance with this section and 
any State plan of the grantee under subpart 1.
    ``(f) Technical Assistance.--The Secretary may provide technical 
assistance to any grantee to assist the grantee in improving the 
quality of child welfare services, including strategies to recruit, 
train, and retain high quality staff, and in complying with the 
provisions of law referred to in subsection (e).
    ``(g) Enforcement.--
            ``(1) In general.--If the Secretary determines that, during 
        a fiscal year, a grantee under this section has not complied 
        with a requirement of this Act, the Secretary may--
                    ``(A) in the case of the 1st such determination of 
                noncompliance, reduce by not less than 5 percent the 
                amount of the grant otherwise payable to the grantee 
                under this section for the fiscal year;
                    ``(B) in the case of the 2nd such determination of 
                noncompliance, reduce by not less than 25 percent the 
                amount of the grant otherwise payable to the grantee 
                under this section for the fiscal year; and
                    ``(C) in the case of the 3rd or any subsequent such 
                determination of noncompliance, withhold the payment of 
                a grant to the grantee under this section for any 
                succeeding fiscal year, notwithstanding subsection (c).
            ``(2) Recovery.--In the case of a determination under 
        paragraph (1) of grantee noncompliance, to the extent that a 
        penalty cannot be imposed under paragraph (1), the Secretary 
        shall require the grantee to remit to the Secretary the amount 
        of the penalty not able to be so imposed.
    ``(h) Evaluation.--
            ``(1) In general.--Not later than September 30, 2009, the 
        Secretary shall conduct an interim evaluation to determine 
        whether the grantees under this section have improved the 
        provision of child welfare services beyond the level reflected 
        in the baseline data set forth in the applications submitted by 
        the grantees under this section.
            ``(2) Final report.--Not later than September 30, 2010, the 
        Secretary shall submit to the Congress a written report that 
        contains the final evaluation of the Secretary.
    ``(i) Regulations.--The Secretary shall prescribe such regulations 
as may be necessary to carry out this section, including regulations, 
developed in consultation with the States, representatives of the child 
welfare workforce, and advocates for children and families, governing 
how to obtain baseline data for each indicator set forth in subsection 
(b)(2).
    ``(j) Appropriation.--Out of any money in the Treasury of the 
United States not otherwise appropriated, there are appropriated to the 
Secretary not more than $200,000,000 for each of fiscal years 2009 
through 2013 to carry out this section.
    ``(k) Definitions.--In this section:
            ``(1) Alaska native organization.--The term `Alaska Native 
        Organization' means any organized group of Alaska Natives 
        eligible to operate a Federal program under the Indian Self-
        Determination Act (25 U.S.C. 450f et seq.) or the designee of 
        such a group.
            ``(2) Child welfare agency.--The term `child welfare 
        agency' means the State agency responsible for administering 
        subpart 1, and any public or private agency under contract with 
        the State agency to provide child welfare services.
            ``(3) Indian tribe.--The term `Indian tribe' means any 
        Indian tribe, band, Nation or other organized group or 
        community of Indians, including any Alaska Native Organization, 
        that is recognized as eligible for the special programs and 
        services provided by the United States to Indians because of 
        their status as Indians.
            ``(4) Institution of higher education.--The term 
        `institution of higher education' has the meaning given the 
        term in section 101 of the Higher Education Act of 1965.
            ``(5) State.--The term `State' means each of the 50 States, 
        the District of Columbia, Puerto Rico, Guam, the United States 
        Virgin Islands, American Samoa, and the Northern Mariana 
        Islands.''.

SEC. 302. INCREASE IN PAYMENT RATE FOR STATES FOR EXPENDITURES FOR 
              SHORT TERM TRAINING OF STAFF OF CERTAIN CHILD WELFARE 
              AGENCIES AND COURT PERSONNEL.

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

  TITLE IV--CONNECTING CHILDREN TO SUPPORT, FAMILY, HEALTH CARE, AND 
                                 SCHOOL

                   Subtitle A--Connection to Support

SEC. 401. STATE OPTION FOR CHILDREN IN FOSTER CARE AFTER ATTAINING AGE 
              18.

    (a) Definition of Child.--Section 475 of the Social Security Act 
(42 U.S.C. 675) is amended by adding at the end the following:
            ``(8)(A) Subject to subparagraph (B), the term `child' 
        means an individual who has not attained 18 years of age.
            ``(B) At the option of a State, such term shall include an 
        individual in foster care under the responsibility of the State 
        who--
                    ``(i) has attained 18 years of age; and
                    ``(ii) has not attained 19, 20, or 21 years of age, 
                as the State may elect.''.
    (b) Conforming Amendment to Definition of Child-Care Institution.--
Section 472(c)(2) of such Act (42 U.S.C. 672(c)(2)) is amended by 
inserting ``, except, in the case of a child who has attained 18 years 
of age, the term shall include a supervised setting in which the 
individual is living independently, in accordance with such conditions 
as the Secretary shall establish in regulations'' before the period.
    (c) Effective Date.--The amendments made by this section take 
effect on October 1, 2008.

                   Subtitle B--Connections to Family

SEC. 411. KINSHIP GUARDIANSHIP ASSISTANCE PAYMENTS FOR CHILDREN.

    (a) State Plan Option.--Section 471(a) of the Social Security Act 
(42 U.S.C. 671(a)), as amended by section 101(a) of this Act, is 
amended--
            (1) by striking ``and'' at the end of paragraph (27);
            (2) by striking the period at the end of paragraph (28) and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(29) at the option of the State, provides for the State 
        to enter into kinship guardianship assistance agreements to 
        provide kinship guardianship assistance payments on behalf of 
        children to grandparents and other relatives who have assumed 
        legal guardianship of the children for whom they have cared as 
        foster parents and for whom they have committed to care for on 
        a permanent basis, as provided in section 473(d).''.
    (b) In General.--Section 473 of such Act (42 U.S.C. 673) is amended 
by adding at the end the following:
    ``(d) Kinship Guardianship Assistance Payments for Children.--
            ``(1) Kinship guardianship assistance agreement.--
                    ``(A) In general.--In order to receive payments 
                under section 474(a)(6), a State shall--
                            ``(i) negotiate and enter into a written, 
                        binding kinship guardianship assistance 
                        agreement with the prospective relative 
                        guardian of a child who meets the requirements 
                        of this paragraph;
                            ``(ii) provide the prospective relative 
                        guardian with a copy of the agreement; and
                            ``(iii) certify that any child on whose 
                        behalf kinship guardianship assistance payments 
                        are made under the agreement shall be provided 
                        medical assistance under title XIX in 
                        accordance with section 1902(a)(10)(A)(i)(I).
                    ``(B) Minimum requirements.--The agreement shall 
                specify, at a minimum--
                            ``(i) the amount of, and manner in which, 
                        each kinship guardianship assistance payment 
                        will be provided under the agreement;
                            ``(ii) the additional services and 
                        assistance that the child and relative guardian 
                        will be eligible for under the agreement;
                            ``(iii) the procedure by which the relative 
                        guardian may apply for additional services as 
                        needed, provided the agency and relative 
                        guardian agree on the additional services as 
                        specified in the case plan; and
                            ``(iv) subject to subparagraph (D), that 
                        the State will pay the total cost of 
                        nonrecurring expenses associated with obtaining 
                        legal guardianship of the child.
                    ``(C) Interstate application.--The agreement shall 
                provide--
                            ``(i) that the agreement shall remain in 
                        effect without regard to the State residency of 
                        the kinship guardian; and
                            ``(ii) for the protection of the interests 
                        of the child in any case where the kinship 
                        guardian and the child move to another State 
                        while the agreement is in effect.
                    ``(D) No effect on federal reimbursement.--Nothing 
                in subparagraph (B)(iv) shall be construed as affecting 
                the ability of the State to obtain reimbursement from 
                the Federal Government for costs described in that 
                subparagraph.
            ``(2) Kinship guardianship assistance payment.--
                    ``(A) In general.--The kinship guardianship 
                assistance payment shall be based on consideration of 
                the needs of the relative guardian and of the child and 
                shall be at least equal to the amount of the foster 
                care maintenance payment for which the child would have 
                been eligible if the child had remained in foster care, 
                or, at State option, the amount of the adoption 
                assistance payment for which the child would have been 
                eligible if the child had been adopted. The payment may 
                be readjusted periodically based on relevant changes in 
                such needs.
                    ``(B) Limitation.--
                            ``(i) In general.--Except as provided in 
                        clause (ii), no kinship guardianship assistance 
                        payment may be made to a relative guardian for 
                        any child who has attained 18 years of age.
                            ``(ii) Exceptions.--At the option of the 
                        State, a kinship guardianship assistance 
                        payment may be made to a relative guardian with 
                        respect to a child who elects to remain in the 
                        care of the guardian until the child attains 21 
                        years of age.
            ``(3) Child's eligibility for a kinship guardianship 
        assistance payment.--
                    ``(A) In general.--A child is eligible for a 
                kinship guardianship assistance payment under this 
                subsection if the State agency determines the 
                following:
                            ``(i) The child has been--
                                    ``(I) removed from his or her home 
                                pursuant to a voluntary placement 
                                agreement or as a result of a judicial 
                                determination to the effect that 
                                continuation in the home would be 
                                contrary to the welfare of the child;
                                    ``(II) under the care of the State 
                                agency for the 12-month period ending 
                                on the date of the agency 
                                determination; and
                                    ``(III) eligible for foster care 
                                maintenance payments under section 472.
                            ``(ii) Being returned home or adopted are 
                        not appropriate permanency options for the 
                        child.
                            ``(iii) The child demonstrates a strong 
                        attachment to the prospective relative guardian 
                        and the relative guardian has a strong 
                        commitment to caring permanently for the child.
                            ``(iv) With respect to a child who has 
                        attained 14 years of age, the child has been 
                        consulted regarding the kinship guardianship 
                        arrangement.
                    ``(B) Treatment of siblings.--With respect to a 
                child described in subparagraph (A) whose sibling or 
                siblings are not so described--
                            ``(i) the child and any sibling of the 
                        child may be placed in the same kinship 
                        guardianship arrangement if the State agency 
                        and the relative agree on the appropriateness 
                        of the arrangement for the siblings; and
                            ``(ii) kinship guardianship assistance 
                        payments may be paid for the child and each 
                        sibling so placed.''.
    (c) Conforming Amendments.--
            (1) State plan requirement.--
                    (A) In general.--Section 471(a)(20) of such Act (42 
                U.S.C. 671(a)(20)) is amended--
                            (i) by adding ``and'' at the end of 
                        subparagraph (C); and
                            (ii) by adding at the end the following:
                    ``(D) provides procedures for criminal records 
                checks, including fingerprint-based checks of national 
                crime information databases (as defined in section 
                534(e)(3)(A) of title 28, United States Code), for any 
                relative guardian before the relative guardian may be 
                finally approved for placement of a child regardless of 
                whether kinship guardianship assistance payments are to 
                be made on behalf of the child under the State plan 
                under this part;''.
                    (B) Redesignation of new provision after amendment 
                made by prior law takes effect.--
                            (i) In general.--Section 471(a)(20) of the 
                        Social Security Act (42 U.S.C. 671(a)(20)) is 
                        amended by redesignating subparagraph (D) as 
                        subparagraph (C).
                            (ii) Effective date.--The amendment made by 
                        clause (i) shall take effect immediately after 
                        the amendments made by section 152 of Public 
                        Law 109-248 take effect.
            (2) Payments to states.--Section 474(a) of such Act (42 
        U.S.C. 674(a)) is amended--
                    (A) by striking the period at the end and inserting 
                ``; plus''; and
                    (B) by adding at the end the following:
            ``(6) an amount equal to the percentage by which the 
        expenditures referred to in paragraph (2) are reimbursed (after 
        applying the reduction required by subsection (h)(2)(A) of this 
        section) of the total amount expended during such quarter as 
        kinship guardianship assistance payments under section 473(d) 
        pursuant to kinship guardianship assistance agreements.''.
            (3) Definitions.--Section 475(1) of such Act (42 U.S.C. 
        675(1)) is amended by adding at the end the following:
                    ``(F) In the case of a child with respect to whom 
                the permanency plan is placement with a relative and 
                receipt of kinship guardianship assistance payments 
                under section 473(d), a description of--
                            ``(i) the steps that the agency has taken 
                        to determine that it is not appropriate for the 
                        child to be returned home or adopted;
                            ``(ii) the reasons why a permanent 
                        placement with a fit and willing relative 
                        through a kinship guardianship assistance 
                        arrangement is in the child's best interests;
                            ``(iii) the ways in which the child meets 
                        the eligibility requirements for a kinship 
                        guardianship assistance payment;
                            ``(iv) the efforts the agency has made to 
                        discuss adoption by the child's relative foster 
                        parent as a more permanent alternative to legal 
                        guardianship and, in the case of a relative 
                        foster parent who has chosen not to pursue 
                        adoption, documentation of the reasons 
                        therefor; and
                            ``(v) the efforts made by the State agency 
                        to secure the consent of the child's parent or 
                        parents to the kinship guardianship assistance 
                        arrangement, or the reasons why the efforts 
                        were not made.''.

SEC. 412. FAMILY CONNECTION GRANTS.

    Part B of title IV of the Social Security Act (42 U.S.C. 620-629i), 
as amended by section 301 of this Act, is amended by adding at the end 
the following:

                 ``Subpart 4--Family Connection Grants

``SEC. 445. FAMILY CONNECTION GRANTS.

    ``(a) In General.--The Secretary of Health and Human Services may 
make matching grants to State, local, or tribal child welfare agencies, 
and private nonprofit organizations that have experience in working 
with foster children or children in kinship care arrangements, for the 
purpose of helping children who are in, or at risk of entering, foster 
care reconnect with family members through the implementation of--
            ``(1) kinship navigator programs designed to assist kinship 
        care givers in navigating their way through programs and 
        services, and to help the care givers learn about and obtain 
        assistance to meet the needs of the children they are raising 
        and their own needs;
            ``(2) intensive family-finding efforts that utilize search 
        technology to find biological family members for children in 
        the child welfare system, and once identified, work to 
        reestablish relationships and explore ways to find a permanent 
        family placement for the children; or
            ``(3) family group decision-making meetings for children in 
        the child welfare system that engage and empower families to 
        make decisions and develop plans that protect and nurture 
        children from enduring further abuse and neglect.
    ``(b) Applications.--An entity desiring to receive a matching grant 
under this section shall submit to the Secretary an application, at 
such time, in such manner, and containing such information as the 
Secretary may require, including--
            ``(1) a description of how the grant will be used to 
        implement 1 or more of the activities described in subsection 
        (a);
            ``(2) a description of the types of children and families 
        to be served, including how the children and families will be 
        identified and recruited, and an initial projection of the 
        number of children and families to be served;
            ``(3) if the entity is a private organization, 
        documentation of support from the relevant local or State child 
        welfare agency;
            ``(4) an assurance that the entity will cooperate fully 
        with any evaluation provided for by the Secretary under this 
        section; and
            ``(5) a commitment by the applicant that, if a grant is 
        awarded to the applicant under this section for a period of--
                    ``(A) 2 years, the applicant will expend from non-
                Federal sources, for the activities for which the grant 
                is awarded, in the 2nd year of the grant period, an 
                amount equal to not less than \1/3\ of the amount of 
                the grant payment received by the applicant under this 
                section for that year; or
                    ``(B) 3 years, the applicant will expend, from non-
                Federal sources, for the activities which the grant is 
                awarded--
                            ``(i) in the 2nd year of the grant period, 
                        an amount equal to not less than \1/3\ of the 
                        grant payment received by the applicant under 
                        this section for that year; and
                            ``(ii) in the 3rd year of the grant period, 
                        an amount equal to the grant payment received 
                        by the applicant under this section for that 
                        year.
    ``(c) Limitations.--
            ``(1) Grant duration.--The Secretary may award a grant 
        under this section for a period of not less than 1 year and not 
        more than 3 years.
            ``(2) Number of grant payments per year.--The aggregate 
        number of payments the Secretary may make in a fiscal year to 
        all grantees under this section shall not exceed 20.
    ``(d) Federal Contribution.--The amount of a grant payment to be 
made to a grantee under this section during each year in the grant 
period shall be the following percentage of the grant amount approved 
by the Secretary:
            ``(1) 100 percent, if the payment is for the 1st year of 
        the grant period.
            ``(2) 75 percent, if the payment is for the 2nd year of the 
        grant period.
            ``(3) 50 percent, if the payment is for the 3rd year of the 
        grant period.
    ``(e) Form of Grantee Contribution.--A grantee under this section 
may provide not more than 50 percent of the amount which the grantee is 
required to expend to carry out the activities for which a grant is 
awarded under this section in kind, fairly evaluated, including plant, 
equipment, or services.
    ``(f) Use of Grant.--A grantee under this section shall use the 
grant in accordance with the approved application for the grant.
    ``(g) Reservations of Funds.--
            ``(1) Evaluation.--The Secretary shall reserve 3 percent of 
        the funds made available under subsection (h) for each fiscal 
        year for the conduct of a rigorous evaluation of the activities 
        funded with grants under this section.
            ``(2) Technical assistance.--The Secretary may reserve 2 
        percent of the funds made available under subsection (h) for 
        each fiscal year to provide technical assistance to recipients 
        of grants under this section.
    ``(h) Limitations on Authorization of Appropriations.--To carry out 
this section, there are authorized to be appropriated to the Secretary 
not more than $50,000,000 for each of fiscal years 2009 through 
2013.''.

SEC. 413. INFORMATION ON ADOPTION TAX CREDIT.

    Section 471(a) of the Social Security Act (42 U.S.C. 671(a)), as 
amended by sections 101(a) and 411(a) of this Act, is amended--
            (1) by striking ``and'' at the end of paragraph (28);
            (2) by striking the period at the end of paragraph (29) and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(30) provides that the State will inform any individual 
        who is adopting, or whom the State is made aware is considering 
        adopting, a child who is in foster care under the 
        responsibility of the State of the potential eligibility of the 
        individual for a Federal tax credit (under section 23 of the 
        Internal Revenue Code) without the need to document any 
        adoption-related expenses.''.

SEC. 414. ADOPTION INCENTIVES PROGRAM.

    (a) 5-Year Extension.--Section 473A of the Social Security Act (42 
U.S.C. 673b) is amended--
            (1) in subsection (b)(4), by striking ``in the case of 
        fiscal years 2001 through 2007,'';
            (2) in subsection (b)(5), by striking ``1998 through 2007'' 
        and inserting ``2008 through 2012'';
            (3) in subsection (c)(2), by striking ``each of fiscal 
        years 2002 through 2007'' and inserting ``a fiscal year''; and
            (4) in each of subsections (h)(1)(D), and (h)(2), by 
        striking ``2008'' and inserting ``2013''.
    (b) Updating of Fiscal Year Used in Determining Base Numbers of 
Adoptions.--Section 473A(g) of such Act (42 U.S.C. 673b(g)) is 
amended--
            (1) in paragraph (3), by striking ``means'' and all that 
        follows and inserting ``means, with respect to any fiscal year, 
        the number of foster child adoptions in the State in fiscal 
        year 2007.'';
            (2) in paragraph (4)--
                    (A) by inserting ``that are not older child 
                adoptions'' before ``for a State''; and
                    (B) by striking ``means'' and all that follows and 
                inserting ``means, with respect to any fiscal year, the 
                number of special needs adoptions that are not older 
                adoptions in the State in fiscal year 2007.''; and
            (3) in paragraph (5), by striking ``means'' and all that 
        follows and inserting ``means, with respect to any fiscal year, 
        the number of older child adoptions in the State in fiscal year 
        2007.''.
    (c) Increase in Incentive Payments for Special Needs Adoptions and 
Older Child Adoptions.--Section 473A(d)(1) of such Act (42 U.S.C. 
673b(d)(1)) is amended--
            (1) in subparagraph (B), by striking ``$2,000'' and 
        inserting ``$4,000''; and
            (2) in subparagraph (C), by striking ``$4,000'' and 
        inserting ``$8,000''.
    (d) Incentive Payments for Guardianship Placements.--
            (1) Additional avenue for eligibility for payments.--
        Section 473A(b)(2) of such Act (42 U.S.C. 673b(b)(2)) is 
        amended--
                    (A) by striking ``or'' at the end of subparagraph 
                (A);
                    (B) by adding ``or'' at the end of subparagraph 
                (B); and
                    (C) by adding at the end the following:
                    ``(C) the number of guardianship placements in the 
                State during the fiscal year exceeds the base number of 
                guardianship placements in the State for the fiscal 
                year;''.
            (2) Amount of payment.--Section 473A(d)(1) of such Act (42 
        U.S.C. 673b(d)(1)) is amended--
                    (A) by striking ``and'' at the end of subparagraph 
                (B);
                    (B) by striking the period at the end of 
                subparagraph (C) and inserting ``; and''; and
                    (C) by adding at the end the following:
                    ``(D) $4,000, multiplied by the amount (if any) by 
                which the number of guardianship placements in the 
                State during the fiscal year exceeds the base number of 
                guardianship placements for the State for the fiscal 
                year.''.
            (3) Definitions.--Section 473A(g) of such Act (42 U.S.C. 
        673b(g)) is amended by adding at the end the following:
            ``(7) Guardianship placement.--The term `guardianship 
        placement' means the placement of a child from foster care 
        under the responsibility of a State into a legal guardianship.
            ``(8) Base number of guardianship placements.--The term 
        `base number of guardianship placements for a State' means, 
        with respect to any fiscal year, the number of guardianship 
        placements in the State in fiscal year 2007.''.

SEC. 415. SIBLING PLACEMENT.

    Section 471(a) of the Social Security Act (42 U.S.C. 671(a)), as 
amended by sections 101(a), 411(a), and 413 of this Act, is amended--
            (1) by striking ``and'' at the end of paragraph (29);
            (2) by striking the period at the end of paragraph (30) and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(31) provides that reasonable efforts shall be made to 
        place siblings removed from their home in the same foster care 
        placement unless the State documents that such a joint 
        placement would be contrary to the safety or well-being of any 
        of the siblings.''.

                 Subtitle C--Connections to Health Care

SEC. 421. HEALTH OVERSIGHT AND COORDINATION PLAN.

    Section 422(b)(15) of the Social Security Act (42 U.S.C. 
622(b)(15)) is amended to read as follows:
            ``(15)(A) provides that the State will develop, in 
        coordination and collaboration with the State agency referred 
        to in paragraph (1) and the State agency responsible for 
        administering the State plan approved under title XIX, and in 
        consultation with pediatricians, other experts in health care, 
        and experts in and recipients of child welfare services, a plan 
        for the ongoing oversight and coordination of health care 
        services for any child in a foster care placement, which shall 
        ensure a coordinated strategy to identify and respond to the 
        health care needs of children in foster care placements, 
        including mental health and dental health needs, and shall 
        include an outline of--
                    ``(i) a schedule for initial and follow-up health 
                screenings that meet reasonable standards of medical 
                practice;
                    ``(ii) how health needs identified through 
                screenings will be monitored and treated;
                    ``(iii) how medical information for children in 
                care will be updated and appropriately shared, which 
                may include the development and implementation of an 
                electronic health record;
                    ``(iv) steps to ensure continuity of health care 
                services, which may include the establishment of a 
                medical home for every child in care;
                    ``(v) the oversight of prescription medicines; and
                    ``(vi) how the State actively consults with and 
                involves physicians or other appropriate medical 
                professionals in assessing the health and well-being of 
                children in foster care and in determining appropriate 
                medical treatment for the children; and
            ``(B) subparagraph (A) shall not be construed to reduce or 
        limit the responsibility of the State agency responsible for 
        administering the State plan approved under title XIX to 
        provide care and services for children with respect to whom 
        services are provided under the State plan developed pursuant 
        to this subpart;''.

                   Subtitle D--Connections to School

SEC. 431. EDUCATIONAL STABILITY.

    Section 475 of the Social Security Act (42 U.S.C. 675) is amended--
            (1) in paragraph (1)--
                    (A) in subparagraph (C), by striking clause (iv) 
                and redesignating clauses (v) through (viii) as clauses 
                (iv) through (vii), respectively; and
                    (B) by adding at the end the following:
                    ``(F) A plan for ensuring the educational stability 
                of the child while in foster care, including--
                            ``(i) assurances that the placement of the 
                        child in foster care takes into account 
                        proximity to the school in which the child is 
                        enrolled at the time of placement; and
                            ``(ii)(I) a discussion of the efforts of 
                        the State agency to coordinate with appropriate 
                        local educational agencies (as defined under 
                        section 9101 of the Elementary and Secondary 
                        Education Act of 1965) to ensure that the child 
                        remain in the school in which the child is 
                        enrolled at the time of placement; or
                            ``(II) if remaining in such school is not 
                        in the best interests of the child, a 
                        discussion of efforts to coordinate with the 
                        educational agencies to ensure immediate 
                        enrollment in a new school.''; and
            (2) in the 1st sentence of paragraph (4)(A)--
                    (A) by striking ``and reasonable'' and inserting 
                ``reasonable''; and
                    (B) by inserting ``, and reasonable travel for the 
                child to remain in the school in which the child is 
                enrolled at the time of placement'' before the period.
                                 <all>