[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 3492 Introduced in Senate (IS)]







110th CONGRESS
  2d Session
                                S. 3492

To amend part E of title IV of the Social Security Act to ensure States 
follow best policies and practices for supporting and retaining foster 
 parents and to require the Secretary of Health and Human Services to 
award grants to States to improve the empowerment, leadership, support, 
training, recruitment, and retention of foster care, kinship care, and 
                           adoptive parents.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 16, 2008

Mrs. Lincoln (for herself, Mr. Rockefeller, Ms. Collins, Ms. Landrieu, 
 Mr. Bayh, Mr. Casey, and Mr. Johnson) introduced the following bill; 
     which was read twice and referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL


 
To amend part E of title IV of the Social Security Act to ensure States 
follow best policies and practices for supporting and retaining foster 
 parents and to require the Secretary of Health and Human Services to 
award grants to States to improve the empowerment, leadership, support, 
training, recruitment, and retention of foster care, kinship care, and 
                           adoptive parents.

    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 ``Resource Family Recruitment and 
Retention Act of 2008''.

SEC. 2. AGENCY RESPONSIBILITIES TO RESOURCE FAMILIES.

    Section 471(a)(22) of the Social Security Act (42 U.S.C. 
671(a)(22)) is amended--
            (1) by striking ``that, not'' and inserting ``that--
                    ``(A) not'';
            (2) by adding ``and'' after the semicolon; and
            (3) by adding at the end the following new subparagraph:
                    ``(B) not later than January 1, 2009, such 
                standards require each public and private placement 
                agency, subject to the renewal of the agency's license 
                or other State approval, to annually certify to the 
                State that the agency provides foster parents with the 
                following:
                            ``(i) Notification of scheduled meetings 
                        concerning the child placed with the foster 
                        parents in order to allow the foster parents 
                        the opportunity to actively participate and 
                        have input in the case planning and decision-
                        making process regarding the placement of the 
                        child in their home.
                            ``(ii) Support services to assist with the 
                        care of the child, consistent with the child's 
                        approved permanency plan.
                            ``(iii) Open, complete, and timely 
                        responses from the agency when contacted by 
                        foster parents.
                            ``(iv) Consistent with the requirements 
                        under section 475(5)(D), information about the 
                        child's medical history, educational history, 
                        general behaviors, and life experiences, the 
                        placement circumstances of the child, and the 
                        relationship between the children and the 
                        child's parents as soon as that information is 
                        obtained by the agency.
                            ``(v) Timely and complete information about 
                        all permanency options available to the child 
                        and the benefits, rights, and responsibilities 
                        associated with each such option, including as 
                        appropriate (but not limited to) the 
                        availability of adoption assistance payments 
                        and payments for nonrecurring adoption expenses 
                        under an adoption agreement entered into under 
                        section 473, the potential eligibility of the 
                        individual for a Federal tax credit (under 
                        section 23 of the Internal Revenue Code) for 
                        adoption-related expenses, the availability of 
                        medical coverage for the child, the 
                        availability of post-permanency services, and 
                        the availability of tuition support for the 
                        child.
                            ``(vi) Consultation with the foster parents 
                        in the decision to release the foster parents' 
                        address to the parents of the child and 
                        notification when that information has been 
                        provided to the child's parents.
                            ``(vii) Assistance with the coordination of 
                        services for dealing with family loss and 
                        separation when a child leaves the foster home 
                        and when relocation is not the result of an 
                        immediate threat to the health and safety of 
                        the child caused by the foster parent or a 
                        member of the foster parent's family.
                            ``(viii) Information on agency policies and 
                        procedures that relate to the role of a foster 
                        parent.
                            ``(ix) Consistent with the requirements of 
                        paragraph (24), appropriate training that will 
                        enhance skills and ability of the foster 
                        parent.
                            ``(x) Information on how to receive 
                        services and reach agency personnel on a 24 
                        hours-a-day, 7 days-a-week basis.
                            ``(xi) Confidentiality regarding 
                        allegations of abuse involving a member of the 
                        foster parent's family and an assurance that 
                        the provision of such confidentiality shall not 
                        interfere with the health or safety of the 
                        child.
                            ``(xii) The opportunity to be heard 
                        regarding agency decisions or practices and an 
                        assurance that the agency shall not discharge, 
                        threaten, or otherwise discriminate or 
                        retaliate against a foster parent for 
                        questioning the decisions or practices of the 
                        agency.
                            ``(xiii) The provision to each foster 
                        parent of--
                                    ``(I) consistent with section 
                                475(5)(G), notice of, and an 
                                opportunity to be heard at, all court 
                                proceedings (including reviews and 
                                hearings) that are held with respect to 
                                a foster child placed in the foster 
                                parent's care; and
                                    ``(II) support for participating in 
                                such proceedings, including (but not 
                                limited to) training and assisting with 
                                transportation to and from the 
                                proceedings;''.

SEC. 3. GRANTS TO IMPROVE THE EMPOWERMENT, LEADERSHIP, SUPPORT, 
              TRAINING, RECRUITMENT, AND RETENTION OF FOSTER CARE, 
              KINSHIP CARE, AND ADOPTIVE PARENTS.

    Subpart 1 of part B of title IV of the Social Security Act (42 
U.S.C. 621 et seq.) is amended by adding at the end the following new 
section:

``SEC. 429B. GRANTS TO IMPROVE THE EMPOWERMENT, LEADERSHIP, SUPPORT, 
              TRAINING, RECRUITMENT, AND RETENTION OF FOSTER CARE, 
              KINSHIP CARE, AND ADOPTIVE PARENTS.

    ``(a) Authority To Award Grants.--The Secretary shall award grants 
to eligible States for the purpose of carrying out innovative programs 
to empower, provide leadership for, and improve the recruitment, 
support, training, and retention of foster care, kinship care, and 
adoptive parents (in this section referred to as `resource parents').
    ``(b) Eligible State.--A State is eligible for a grant under this 
section if the State--
            ``(1) submits an application for the grant that includes 
        the information described in subsection (c); and
            ``(2) has approved State plans under this subpart, subpart 
        2 of this part, and part E.
    ``(c) Application Requirements.--For purposes of subsection (b)(1), 
the information described in this subsection is the following:
            ``(1) Description of programs.--A description of the 
        programs the State proposes to implement with funds awarded 
        under this section that are consistent with the purposes 
        described in subsection (a) and that may include any or all of 
        the following:
                    ``(A) Empowerment and leadership.--The 
                establishment of, or increased support for--
                            ``(i) a Resource Parent Ombudsman who would 
                        advocate on behalf of resource parents;
                            ``(ii) programs to provide recognition of 
                        resource parents as key partners in the child 
                        welfare system;
                            ``(iii) programs to provide career-path 
                        acknowledgment for long-term master resource 
                        parents;
                            ``(iv) initiatives for courts to recognize 
                        the role of the resource parent on a child's 
                        service team;
                            ``(v) flexible spending options that permit 
                        States to purchase items that will help 
                        resource parents do their jobs better and help 
                        the children placed in their care, such as 
                        computers, bedroom furnishings, transportation, 
                        and after-school supports; and
                            ``(vi) programs to involve resource parents 
                        to a greater degree in assessment and case 
                        planning activities.
                    ``(B) Family support.--The establishment of, or 
                increased support for--
                            ``(i) peer-to-peer support and mentoring 
                        groups for resource parents;
                            ``(ii) programs to assist resource parents 
                        in caring for children with special needs;
                            ``(iii) programs to provide reliable and 
                        accessible respite care to help resource 
                        parents recharge and avoid burnout;
                            ``(iv) a 24-hour emergency hotline for 
                        resource parents;
                            ``(v) a Medicaid hotline to secure medical 
                        services under the State plan under title XIX 
                        or the State child health plan under title XXI 
                        (as appropriate) for children under the care of 
                        resource parents;
                            ``(vi) family preservation services for 
                        crises situations;
                            ``(vii) direct services, including ongoing 
                        in-service psychological and education and 
                        support, that address child behavior issues 
                        common among foster care and adopted children 
                        and caregiver interests and concerns; and
                            ``(viii) experienced parent advocates who 
                        can serve as liaisons to other resource parents 
                        and provide information and support as needed.
                    ``(C) Training.--The establishment of, or increased 
                support for--
                            ``(i) training programs on the court 
                        process, the role of court appointed special 
                        advocates (commonly referred to as `CASA') and 
                        Guardians ad Litem;
                            ``(ii) training programs on caring for 
                        children with special needs;
                            ``(iii) high-quality initial and ongoing 
                        training for resource parents targeted 
                        specifically at understanding the needs and 
                        behaviors of foster care and adopted children, 
                        as well as presenting specific techniques for 
                        meeting a child's special needs;
                            ``(iv) educational innovations (such as 
                        online learning and access to Internet 
                        websites) with credit given toward mandatory 
                        training for participation in the 
                        nontraditional training, offered at no cost to 
                        the resource parents.
                    ``(D) Recruitment and retention.--The establishment 
                of, or increased support for--
                            ``(i) innovative ways to provide outreach 
                        to increase participation of new resource 
                        parents;
                            ``(ii) alliances with faith-based 
                        organizations to improve the recruitment and 
                        support of resource parents;
                            ``(iii) programs to engage the business 
                        community and other community partners in the 
                        recruitment and retention of resource parents;
                            ``(iv) targeted recruitment efforts for 
                        local communities or neighborhoods;
                            ``(v) programs to provide convenient 
                        education and licensing options for resource 
                        parents; and
                            ``(vi) programs to mitigate language and 
                        cultural barriers to the recruitment and 
                        retention of resource parents, including 
                        through the provision of culturally or 
                        linguistically specific materials.
            ``(2) Development plan.--A 12-month plan detailing the 
        strategies and process the State will use to develop such 
        programs.
            ``(3) Implementation plan.--A 48-month plan detailing the 
        strategies and process the State will use to implement such 
        programs.
            ``(4) Cooperative agreements with support organizations.--
        An assurance that the State will enter into cooperative 
        agreements with nonprofit organizations that provide support 
        for foster care, kinship care, or adoption, to assist with 
        implementation of the programs carried out with funds awarded 
        under this section.
            ``(5) Evaluation plan.--A plan for independent evaluation 
        of the programs carried out with such funds.
    ``(d) Allotments.--
            ``(1) In general.--Each eligible State which has an 
        application approved under this section shall be entitled to 
        payment, for each of fiscal years 2009 through 2013, from the 
        amount appropriated under subsection (e) for such fiscal year, 
        of an amount equal to the sum of $75,000 plus the amount 
        described in paragraph (2) for the fiscal year.
            ``(2) Proportionally based on state share of children in 
        foster care.--The amount described in this subparagraph for any 
        fiscal year is the amount that bears the same ratio to the 
        remainder of the amount appropriated under subsection (e) for 
        such fiscal year, after the application of paragraph (1) for 
        the fiscal year, as the number of children in foster care under 
        the supervision of the State in the State who have not attained 
        18 years of age bears to the total number of such children in 
        all States which have approved applications under this section 
        for such fiscal year.
            ``(3) No effect on other payments under this subpart.--
        Amounts paid to an eligible State under this section for a 
        fiscal year shall be in addition to any other amounts paid to 
        the State under this subpart for this fiscal year.
    ``(e) Appropriation; Nonapplication.--Out of any money in the 
Treasury of the United States not otherwise appropriated, there are 
appropriated to the Secretary for purposes of awarding grants under 
this section, $10,400,000 for each of fiscal years 2009 through 2013, 
to remain available until expended. Section 425 shall not apply to 
amounts appropriated under this subsection for a fiscal year.''.
                                 <all>