[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 2837 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                S. 2837

 To amend part E of title IV of the Social Security Act to examine and 
      improve the child welfare workforce, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            December 4, 2009

 Mrs. Lincoln 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 examine and 
      improve the child welfare workforce, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Child Welfare Workforce Improvement 
Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1)(A) Research indicates that child welfare staff face a 
        variety of obstacles that hinder their effective work with 
        children and families in the child welfare system. These 
        obstacles include barriers described in subparagraphs (B) 
        through (D).
            (B) High caseload and high workload levels prevent child 
        welfare staff from working intensively with children and 
        families and monitoring their progress carefully.
            (C) Child welfare staff report an absence of sufficient 
        access to supervision, mentoring, and professional advancement. 
        A lack of access to supervision, mentoring, and professional 
        advancement contributes to staff burnout and turnover.
            (D) States report difficulty hiring and retaining quality 
        child welfare staff. The average tenure of such a staff member 
        is less than 2 years. In addition to the increased cost of 
        hiring and training new child welfare staff, high turnover 
        rates among such staff are associated with multiple placements 
        of children in foster care, longer lengths of stays in foster 
        care, lower rates of permanency, and failed efforts at family 
        reunification. Lengthy periods of foster care increase costs 
        for child welfare agencies, as maintaining children in foster 
        care is more expensive than adoption, reunification, or other 
        permanency options.
            (2) Supervision, staff preparation and training, caseloads, 
        workloads, data and accountability, working conditions, 
        cultural competence, and leadership are key components of an 
        effective child welfare workforce. There are few incentives in 
        Federal law that encourage improvements in these key areas.
            (3) Current restrictions on Federal funding under part E of 
        title IV of the Social Security Act for training of child 
        welfare staff create barriers to staff and children fully 
        benefitting from this important program. The related Federal 
        funding procedures are linked to an outdated income eligibility 
        requirement and administered in a way that fails to recognize 
        the scope of work and types of staff who are working with 
        children in the child welfare system.

SEC. 3. DEFINITIONS.

    Section 475 of the Social Security Act (42 U.S.C. 675) is amended 
by adding at the end the following:
            ``(9) The term `child welfare staff' means--
                    ``(A) employees of State, tribal, or local child 
                welfare agencies, who are working with children and 
                families that have contact with such a child welfare 
                agency, in order to promote safety, permanence, and 
                well-being for children and families; and
                    ``(B) employees of State-licensed or State-approved 
                nonprofit private agencies, who are working with 
                children and families that have contact with a State, 
                tribal, or local child welfare agency in order to 
                promote safety, permanence, and well-being for children 
                and families.
            ``(10) The term `related professionals', used with respect 
        to child welfare staff, means individuals employed by public or 
        nonprofit private agencies in child- and family-serving fields 
        including education, health, mental health, substance abuse 
        prevention and treatment, juvenile justice, law enforcement, 
        and domestic violence, who work with children and families that 
        have contact with a State, tribal, or local child welfare 
        agency.''.

SEC. 4. DATA COLLECTION AND RESEARCH TO INCREASE ACCOUNTABILITY FOR 
              OUTCOMES FOR CHILDREN.

    Part E of title IV of the Social Security Act (42 U.S.C. 670 et 
seq.) is amended by inserting after section 479B the following:

``SEC. 479C. DATA COLLECTION AND RESEARCH TO INCREASE ACCOUNTABILITY 
              FOR OUTCOMES FOR CHILDREN.

    ``(a) National Child Welfare Staff Study.--
            ``(1) Study and report.--The Secretary shall enter into an 
        agreement with the National Academy of Sciences, under which 
        the National Academy of Sciences shall--
                    ``(A) conduct a national study of child welfare 
                staff, highlighting promising approaches, to--
                            ``(i) examine and provide findings related 
                        to the demographic and other characteristics of 
                        child welfare staff, including compensation, 
                        academic degrees held, education and training 
                        received, and turnover;
                            ``(ii) examine and provide findings 
                        regarding factors contributing to child welfare 
                        staff turnover and strategies that have been 
                        effective in reducing the turnover by type of 
                        child welfare services, including preventive, 
                        protective, foster care, independent living, 
                        adoption, and kinship care services;
                            ``(iii)(I) examine and provide findings 
                        regarding strengths and challenges present in 
                        the working relationship between child welfare 
                        staff, legal and court staff, and other related 
                        professionals; and
                            ``(II) make recommendations regarding how 
                        this working relationship may be improved;
                            ``(iv) examine and provide findings, and 
                        make recommendations, regarding appropriate 
                        overall workloads and caseloads for all child 
                        welfare staff, including appropriate workloads 
                        and caseloads for supervisors, analyzed by type 
                        of child welfare staff member supervised, 
                        including those providing child welfare 
                        services, including preventive, protective, 
                        foster care, independent living, adoption, and 
                        kinship care services, and appropriate 
                        measurement of such overall workloads and 
                        caseloads;
                            ``(v)(I) examine and provide findings 
                        related to policy and practice regarding 
                        education level and training requirements for 
                        child welfare staff by type of work, including 
                        providing preventive, protective, foster care, 
                        adoption, and kinship care services; and
                            ``(II) make recommendations regarding 
                        appropriate education levels and training to 
                        ensure competent child welfare staff; and
                            ``(vi)(I) examine and provide findings 
                        related to the kinds of data available to or 
                        collected by State or local child welfare 
                        agencies with regard to child welfare staff;
                            ``(II) examine the methods and kinds of 
                        data on child welfare staff that States report 
                        to the Secretary through the data collection 
                        systems authorized under section 103(c)(1)(C) 
                        of the Child Abuse Prevention and Treatment 
                        Act, section 477(f) of the Social Security Act 
                        (42 U.S.C. 677(f)), and section 479 of that Act 
                        (42 U.S.C. 679);
                            ``(III) make recommendations on how States 
                        might collect data on child welfare staff, 
                        including data on the type of work staff are 
                        performing, and report the data to the 
                        Secretary, regularly and in a manner that 
                        enables the data to be linked to the outcomes 
                        achieved for individual children served by the 
                        State or local child welfare agency involved, 
                        which shall include--
                                    ``(aa) a means of incorporating the 
                                data into the data collection system 
                                authorized under section 479 of the 
                                Social Security Act (42 U.S.C. 679); 
                                and
                                    ``(bb) as appropriate, a means of 
                                linking the data to the information 
                                collected through the data collection 
                                systems authorized under section 
                                103(c)(1)(C) of the Child Abuse 
                                Prevention and Treatment Act and under 
                                section 477(f) of the Social Security 
                                Act (42 U.S.C. 677(f)); and
                            ``(IV) examine and provide findings 
                        regarding the impact of data collection 
                        procedures and requirements on child welfare 
                        staff, and make recommendations for collecting 
                        data on child welfare staff in such a way that 
                        the attention and time of child welfare staff 
                        are not diverted from providing services to 
                        children and families in order to meet data 
                        collection requirements; and
                    ``(B) not later that 18 months after the date on 
                which the Secretary and the National Academy of 
                Sciences enter into the agreement, submit a report 
                containing the results of the study, including the 
                findings and recommendations described in subparagraph 
                (A), to the Secretary.
            ``(2) Consultation with indian tribes and tribal 
        organizations.--The agreement entered into by the Secretary and 
        the National Academy of Sciences under paragraph (1) shall 
        require that, in conducting the study described in that 
        paragraph, the National Academy of Sciences shall consult with 
        Indian tribes and tribal organizations (as defined in section 4 
        of the Indian Self-Determination and Education Assistance Act 
        (25 U.S.C. 450b)) regarding any aspects of the study that will 
        address tribal-specific or unique issues, concerns, or special 
        circumstances with respect to Indian children and their 
        families.
            ``(3) Report to congress.--Not later than 3 months after 
        receiving the report submitted under paragraph (1)(B), the 
        Secretary shall transmit the report to the appropriate 
        committees of Congress, along with a description of how the 
        Secretary plans to consult with State administrators, Indian 
        tribes and tribal organizations, child welfare staff, and other 
        appropriate stakeholders to issue the proposed regulations 
        described in subsection (b)(1).
            ``(4) Authorization of appropriations.--There is authorized 
        to be appropriated to carry out paragraph (1), $5,000,000 for 
        fiscal years 2010 through 2014.
    ``(b) Collection and Reporting of Data on Child Welfare Staff.--
            ``(1) Proposed regulations.--The Secretary shall consult 
        with State administrators, child welfare staff, and other 
        appropriate stakeholders and, not later than 12 months after 
        receiving the report described in subsection (a)(1)(B), shall 
        issue proposed regulations, which shall--
                    ``(A) be based on the recommendations in the 
                report; and
                    ``(B) require States to collect data on child 
                welfare staff, and report the data to the Secretary, 
                regularly and in a manner that enables the data to be 
                linked to the outcomes achieved for individual children 
                served by the State or local child welfare agency 
                involved, which shall include--
                            ``(i) a means of incorporating the data 
                        into the data collection system authorized 
                        under section 479 of the Social Security Act 
                        (42 U.S.C. 679); and
                            ``(ii) as appropriate, a means of linking 
                        the data to the information collected through 
                        the data collection systems authorized under 
                        section 103(c)(1)(C) of the Child Abuse 
                        Prevention and Treatment Act and under section 
                        477(f) of the Social Security Act (42 U.S.C. 
                        677(f)).
            ``(2) Final regulations.--Not later than 2 years after 
        receiving the report described in subsection (a)(1)(B), the 
        Secretary shall issue final regulations that meet the 
        requirements of subparagraphs (A) and (B) of paragraph (1).''.

SEC. 5. REMOVAL OF BARRIERS TO PROVIDING TRAINING FOR CHILD WELFARE 
              STAFF AND RELATED PROFESSIONALS UNDER PARTS B AND E OF 
              TITLE IV OF THE SOCIAL SECURITY ACT.

    (a) Removal of Certain Funding Restrictions.--
            (1) In general.--Section 474 of the Social Security Act (42 
        U.S.C. 672) is amended by adding at the end the following new 
        subsection:
    ``(h) Training Expenditures To Develop and Improve the Child 
Welfare Workforce.--
            ``(1) De-linking of afdc eligibility criteria.--The 
        Secretary shall treat as necessary for the proper and efficient 
        administration of the State plan all expenditures by a State 
        for training activities described in subparagraph (A) or (B) of 
        subsection (a)(3) without regard to whether individuals 
        participating in such activities include individuals providing 
        services or treatment to foster or adoptive children other than 
        those on behalf of whom foster care maintenance payments, 
        kinship guardianship assistance payments, or adoption 
        assistance payments may be made under this part.
            ``(2) Removal of prohibition on funding state share from 
        private sources for expenditures for training partnerships with 
        private nonprofit educational institutions.--With respect to 
        expenditures by a State for short- and long-term training at 
        educational institutions through grants to such institutions or 
        by direct financial assistance to students enrolled in such 
        institutions for which Federal payments are provided under 
        subparagraph (A) or (B) of subsection (a)(3) funds from private 
        nonprofit educational institutions may be considered as the 
        State's share in claiming Federal reimbursement for such 
        expenditures without regard to any requirement that the funds--
                    ``(A) be transferred to the State or local agency 
                and under its administrative control;
                    ``(B) be donated without any restriction which 
                would require their use for the training of a 
                particular individual or at particular facilities or 
                institutions; or
                    ``(C) do not revert to the private source's 
                facility or use.
            ``(3) Requirement.--A State shall spend an amount equal to 
        the amount of savings (if any) in State expenditures under this 
        part resulting from the application of paragraphs (1) and (2) 
        to all applicable children for a fiscal year to provide for 
        workforce improvements to benefit children in the child welfare 
        system.''.
            (2) Conforming amendments.--Section 474(a)(3) of the Social 
        Security Act (42 U.S.C. 674(a)(3)) is amended--
                    (A) in the matter preceding subparagraph (A), by 
                inserting ``subsection (h) and'' before ``section 
                472(i)'';
                    (B) in subparagraph (A), by striking ``per centum'' 
                and inserting ``percent''; and
                    (C) in subparagraph (B), by striking ``receiving 
                assistance under this part''.
    (b) Definition of Child Welfare Staff and Related Professionals.--
Section 474(a)(3) of the Social Security Act (42 U.S.C. 674(a)(3)) is 
amended--
            (1) in the matter preceding subparagraph (A), by striking 
        ``for the provision of child placement services'' and inserting 
        ``to ensure safety, permanency, and well-being for children'';
            (2) in subparagraph (A)--
                    (A) by striking ``personnel'' and inserting ``child 
                welfare staff''; and
                    (B) by inserting ``or by State-licensed or State-
                approved nonprofit private agencies,'' after 
                ``political subdivision,''; and
            (3) in subparagraph (B) (as amended by subsection 
        (a)(2)(C))--
                    (A) by inserting ``(i)'' after ``(B)'';
                    (B) by adding ``and'' after ``contract,''; and
                    (C) by adding at the end the following new 
                subclause:
                    ``(ii) 75 percent of so much of such expenditures 
                as are for the short-term training of related 
                professionals to the extent that such training pertains 
                to the way in which those related professionals work 
                with children and families that have contact with the 
                State agency or the local agency administering the plan 
                in the political subdivision,''.
    (c) State Plan Requirement for Annual Evaluation and Assessment of 
Training and Staff Development Activities Under Parts B and E.--Section 
471(a)(7) of the Social Security Act (42 U.S.C. 671(a)(7)) is amended--
            (1) by striking ``will monitor'' and inserting ``will--
                    ``(A) monitor'';
            (2) by adding ``and'' after the semicolon; and
            (3) by adding the following new subparagraph:
                    ``(B) with respect to training activities for which 
                Federal payments are provided under subparagraph (A) or 
                (B) of 474(a)(3), establish and maintain a plan for 
                evaluation of such activities, and of the child welfare 
                services staff development and training conducted by 
                the State in accordance with section 422(b)(4)(B), that 
                includes at least an annual assessment of the nature of 
                the such activities and such staff development and 
                training, the types of staff trained and developed, and 
                the intended and actual impact of the training and 
                staff development activities on participating staff, 
                and on children and families;''.
    (d) Effective Date.--
            (1) In general.--The amendments made by this section shall 
        take effect on the 1st day of the 1st calendar quarter that 
        begins on or after the date of the enactment of this Act, 
        without regard to whether regulations to implement the 
        amendment are promulgated by such date.
            (2) Delay permitted if state legislation required.--In the 
        case of a State plan approved under section 471 of the Social 
        Security Act which requires State legislation (other than 
        legislation appropriating funds) in order for the plan to meet 
        the additional requirements imposed by the amendment made by 
        subsection (a) of this section, the State plan shall not be 
        regarded as failing to comply with the additional requirements 
        solely on the basis of the failure of the plan to meet the 
        additional requirements before the first day of the first 
        calendar quarter beginning after the close of the first regular 
        session of the State legislature that begins after the date of 
        the enactment of this Act. For purposes of the previous 
        sentence, in the case of a State that has a 2-year legislative 
        session, each year of such session shall be deemed to be a 
        separate regular session of the State legislature.

SEC. 6. COMPREHENSIVE CHILD WELFARE WORKFORCE IMPROVEMENT DEMONSTRATION 
              PROGRAM.

    Part E of title IV of the Social Security Act (42 U.S.C. 670 et 
seq.), as amended by section 4, is amended by inserting after section 
479C the following:

``SEC. 479D. COMPREHENSIVE CHILD WELFARE WORKFORCE IMPROVEMENT 
              DEMONSTRATION PROGRAM.

    ``(a) Purpose.--The purpose of this section is to establish a 
competitive child welfare workforce improvement demonstration program 
to assist eligible entities in developing and implementing child 
welfare workforce improvement plans to help facilitate implementation 
of the essential components of an effective child welfare workforce, 
throughout the child welfare continuum, from preventing child abuse and 
neglect through ensuring and supporting permanent families for 
children, in order to meet the needs of the children and families 
served by that workforce. Such plans shall be designed to ensure that 
the child welfare workforce--
            ``(1) is able to accurately assess and provide what 
        children and families need;
            ``(2) has the resources needed to support its work; and
            ``(3) is connected to the communities and families it 
        serves.
    ``(b) Application.--An eligible entity that desires to receive a 
demonstration grant under this section shall submit to the Secretary, 
at such time and in such manner as the Secretary may require, an 
application that includes information regarding how the entity shall 
implement each of the components required under the planning and 
implementation phases described in subsection (c).
    ``(c) Planning and Implementation Phases.--
            ``(1) Phase 1: required planning components.--
                    ``(A) Establishment of the child welfare workforce 
                quality improvement task force.--
                            ``(i) In general.--The eligible entity 
                        shall ensure that the State agency responsible 
                        for administering programs under part B and 
                        this part establishes a Child Welfare Workforce 
                        Quality Improvement Task Force (in this section 
                        referred to as the `Task Force'), with broad 
                        representation from those groups that have a 
                        stake in child welfare workforce improvements, 
                        including representatives of public and private 
                        child welfare agencies, schools of social work 
                        and other educational institutions that prepare 
                        child welfare workers for employment, labor 
                        unions representing the child welfare 
                        workforce, court personnel, advocates for 
                        children and families, youth and parents who 
                        have been involved in the child welfare system, 
                        and, where possible, researchers who have 
                        studied the child welfare workforce.
                            ``(ii) Application description.--The 
                        application submitted under subsection (b) 
                        shall include a description of the members of 
                        the Task Force, the role of the Task Force in 
                        guiding the assessment of the child welfare 
                        workforce, and the development, implementation, 
                        and ongoing monitoring of a plan for improving 
                        the quality of the child welfare workforce, and 
                        whether the Task Force is a new stand-alone 
                        entity, an already constituted entity, or a 
                        newly established entity that has been added to 
                        an overarching quality improvement workforce 
                        group in the State.
                    ``(B) Assessment of the child welfare workforce.--
                            ``(i) In general.--The eligible entity, in 
                        collaboration with the Task Force, shall 
                        conduct an assessment of the adequacy of 
                        support for the child welfare workforce in each 
                        of the areas described in clause (iii) and 
                        shall propose improvements, with specific 
                        reference to the goals to be achieved.
                            ``(ii) Application description.--The 
                        application submitted under subsection (b) 
                        shall include a description of how the 
                        assessment required under clause (i) is to be 
                        conducted and by whom, the extent to which 
                        staff and management will be involved in the 
                        assessment, and the amount of effort underway 
                        to support the workforce in each of the areas 
                        described in clause (iii).
                            ``(iii) Areas described.--The areas 
                        described in this clause are the following:
                                    ``(I) Area 1.--The ability of the 
                                child welfare workforce to accurately 
                                assess and provide what children and 
                                families need including provisions 
                                for--
                                            ``(aa) education and 
                                        training of child welfare staff 
                                        prior to employment;
                                            ``(bb) ongoing training and 
                                        professional development 
                                        activities;
                                            ``(cc) supervision and 
                                        mentoring of staff;
                                            ``(dd) compensation, 
                                        including salary and benefits; 
                                        and
                                            ``(ee) promotion of 
                                        positive leadership and 
                                        leadership skills to help 
                                        workers carry out their 
                                        responsibilities.
                                    ``(II) Area 2.--The adequacy of the 
                                resources necessary to support the 
                                child welfare workforce's work with 
                                children and families including--
                                            ``(aa) the manageability of 
                                        caseload and workloads carried 
                                        by workers, supervisors and 
                                        managers;
                                            ``(bb) the appropriateness 
                                        of the organizational 
                                        environment to the agency's 
                                        mission;
                                            ``(cc) efforts being taken 
                                        to promote recruitment, 
                                        selection, and retention;
                                            ``(dd) the effectiveness of 
                                        oversight and accountability 
                                        mechanisms in regularly 
                                        assessing performance;
                                            ``(ee) the timeliness and 
                                        accuracy of data available to 
                                        the child welfare staff for use 
                                        in case management;
                                            ``(ff) the quality of 
                                        practice enhancing research and 
                                        evaluations available to the 
                                        child welfare staff;
                                            ``(gg) access to services 
                                        and resources available to 
                                        children and families at the 
                                        Federal, State, and local 
                                        levels and within and across 
                                        child serving systems;
                                            ``(hh) appropriate supports 
                                        to address the physical and 
                                        emotional challenges facing 
                                        staff, including secondary 
                                        trauma, and technological 
                                        resources to assist the staff 
                                        and enhance their safety;
                                            ``(ii) safety and 
                                        suitability of the working 
                                        conditions encountered by 
                                        staff;
                                            ``(jj) funding for 
                                        workforce improvements; and
                                            ``(kk) the ability to 
                                        monitor and evaluate workforce 
                                        improvements and their impact 
                                        on the workforce.
                                    ``(III) Area 3.--The supports to 
                                help connect the child welfare 
                                workforce to the children and families 
                                it serves including--
                                            ``(aa) strategies to 
                                        improve workers' cultural 
                                        competence and sensitivity;
                                            ``(bb) the knowledge and 
                                        skills necessary to engage and 
                                        build on the strengths of 
                                        children and families and the 
                                        community to promote effective 
                                        work with them; and
                                            ``(cc) the capacity to work 
                                        with and educate staff and 
                                        others from community agencies 
                                        and organizations (such as 
                                        education, health, mental 
                                        health, substance abuse 
                                        prevention and treatment, 
                                        juvenile justice, law 
                                        enforcement, and domestic 
                                        violence agencies and 
                                        organizations, and courts) 
                                        about the work of child welfare 
                                        agencies with children and 
                                        families.
                    ``(C) Report on the needs assessment.--The 
                application submitted under subsection (b) shall 
                include an assurance that, if a grant is received, the 
                eligible entity shall provide at the end of the 
                planning year, a report on the assessment conducted 
                under subparagraph (B), that includes the findings from 
                the assessment, the areas identified as needing 
                improvement, the goals for making those improvements, 
                and the rationale for targeting those goals.
                    ``(D) Permission to by-pass the planning phase.--An 
                eligible entity that has already conducted a child 
                welfare workforce needs assessment may submit a report 
                that includes the information required under 
                subparagraph (C) in lieu of receiving grant funds for 
                conducting the assessment required under subparagraph 
                (B).
            ``(2) Phase 2: required implementation components for child 
        welfare workforce improvements.--An eligible entity that has 
        completed the phase 1 required components described in 
        paragraph (1), or has bypassed the planning phase pursuant to 
        subparagraph (D) of such paragraph, and that intends to 
        continue to participate in the demonstration program, shall 
        submit a phase 2 application that contains the following:
                    ``(A) Report on needs assessment.--A copy of the 
                report required under paragraph (1)(C).
                    ``(B) Statement of goals.--A description of the 
                annual and interim goals for improving the child 
                welfare workforce that the eligible entity plans to 
                achieve with funds awarded under the demonstration 
                program, which shall include at least 1 goal for each 
                of the areas identified in the report on needs 
                assessment as needing improvement, unless the eligible 
                entity can justify why a goal for the area is not 
                necessary.
                    ``(C) Proposed use of funds.--A description of how 
                the eligible entity proposes to use such funds to 
                achieve the goals described in subparagraph (B) and how 
                such activities are expected to improve the child 
                welfare workforce and child outcomes, and which may 
                include training and technical assistance, data and 
                technological resources, recruitment and retention 
                strategies, oversight and accountability mechanisms, 
                monitoring and evaluation mechanisms, community 
                outreach activities, and other activities intended to 
                improve the quality of the child welfare workforce in 
                particular areas, improve child outcomes and assist 
                eligible entities with implementation of program 
                improvement plans and performance in the program 
                reviews conducted under section 1123A.
                    ``(D) Progress indicators.--A description of what 
                indicators will be used to measure progress in 
                achieving the annual and interim goals specified in 
                subparagraph (B) and how the Child Welfare Workforce 
                Quality Improvement Task Force established under 
                paragraph (1)(A) shall be involved in monitoring such 
                progress.
    ``(d) Number of Grants; Duration; Amount and Matching Requirements; 
Preferences.--
            ``(1) In general.--The Secretary may award not more than 15 
        grants to carry out phase 1 under this subsection and not more 
        than 15 grants to carry out phase 2.
            ``(2) Duration.--A phase 1 planning grant shall be awarded 
        for a 1-year period. A phase 2 grant shall be awarded for a 
        period that is not less than 4 years but not more than 5 years. 
        A phase 2 grant may be terminated before the end of the period 
        for which the grant is awarded if the eligible entity receiving 
        the grant requests that it be terminated or the Secretary 
        determines that the entity has not made sufficient progress 
        toward achieving the annual and interim goals identified in the 
        application for the grant.
            ``(3) Amount and matching requirements.--
                    ``(A) Phase 1 planning grants.--A phase 1 planning 
                grant awarded to an eligible entity shall not exceed 
                $100,000 and the eligible entity shall be required to 
                provide 25 percent of the costs attributable to 
                carrying out the activities specified in the grant 
                application.
                    ``(B) Phase 2 implementation grants.--
                            ``(i) In general.--A phase 2 implementation 
                        grant awarded to an eligible entity shall be 
                        not less than $250,000 for each year for which 
                        the grant is awarded and the eligible entity 
                        shall be required to provide the applicable 
                        percentage of the costs attributable to 
                        carrying out the activities specified in the 
                        grant application.
                            ``(ii) Applicable percentage.--For purposes 
                        of clause (i), the applicable percentage 
                        specified in this clause is--
                                    ``(I) in the first year for which 
                                the grant is awarded, 10 percent; and
                                    ``(II) in the second and third such 
                                years, 15 and 20 percent, respectively; 
                                and
                                    ``(III) in the fourth, and if 
                                applicable, fifth such years, 25 
                                percent.
                    ``(C) Determination of amount of non-federal 
                contribution; limitation on in-kind contributions.--
                            ``(i) In general.--Subject to clause (ii), 
                        non-Federal funds required to be provided under 
                        subparagraphs (A) and (B) may be in cash or in 
                        kind, fairly evaluated, including plant, 
                        equipment, or service. Amounts provided by the 
                        Federal Government, and any portion of any 
                        service subsidized by the Federal Government, 
                        may not be included in determining the amount 
                        of such non-Federal funds.
                            ``(ii) Limitation on in-kind 
                        contributions.--At least 50 percent of the non-
                        Federal funds required to be provided under 
                        subparagraphs (A) and (B) shall be in cash.
                            ``(iii) Sources.--An entity that an 
                        eligible entity has established a partnership 
                        or collaboration with for purposes of carrying 
                        out activities under a grant awarded under this 
                        section may be a source of contributions for 
                        the non-Federal funds the eligible entity is 
                        required to provide under subparagraphs (A) and 
                        (B).
            ``(4) Preferences.--In awarding grants under the 
        demonstration program, the Secretary shall give preference to 
        awarding grants to eligible entities that demonstrate in the 
        grant application that the entity has established partnerships 
        or collaborations with other entities, such as private 
        nonprofit agencies, universities or colleges, and other 
        entities that advocate for improvements in the child welfare 
        workforce to improve outcomes for children and families.
    ``(e) Technical Assistance and Evaluation.--
            ``(1) Technical assistance.--
                    ``(A) In general.--The Secretary shall request the 
                National Child Welfare Workforce Institute to provide 
                technical assistance to eligible entities awarded 
                grants under the demonstration program through the 
                period for which such grants are awarded and, in 
                providing such assistance, to collaborate with the 
                National Resource Center for Tribes established under 
                the Administration for Children and Families of the 
                Department of Health and Human Services with respect to 
                activities carried out under such grants that affect 
                tribal welfare programs or Indian children and their 
                families.
                    ``(B) Specific requirements.--The technical 
                assistance provided in accordance with subparagraph (A) 
                shall be designed to assist eligible entities in 
                assessing their child welfare workforce, identifying 
                the improvements that have been made with respect to 
                such workforce and those still needed, and developing 
                and implementing a work plan for implementing the 
                components of an effective child welfare workforce 
                described in subsection (a).
            ``(2) Evaluation.--The Secretary shall, by grant, contract, 
        or interagency agreement, conduct an evaluation of the 
        demonstration program established under this section. Such 
        evaluation shall include an assessment of the gains made by 
        eligible entities in achieving an effective child welfare 
        workforce, the activities and methods used in making such 
        achievements, and the impact on outcomes for children and 
        families.
    ``(f) Reward for Successful Achievement of Implementation Goals.--
If, upon the conclusion of the last year for which a phase 2 
implementation grant is awarded to an eligible entity, the Secretary 
determines that the entity has successfully achieved the goals 
identified in subsection (c)(2)(B):
            ``(1) Increase in federal matching rate.--If the entity is 
        a State or Indian tribal organization or consortium, section 
        474(a)(3)(E) shall be applied to the State or Indian tribal 
        organization or consortium, by substituting `53 percent' for 
        `one-half' with respect to amounts expended for fiscal year 
        quarters during the 5-year period that begins with the first 
        fiscal year quarter that begins after the end of the last 
        fiscal year quarter for which a grant is awarded under this 
        section.
            ``(2) Payments to counties.--If the entity is a county or a 
        consortium of counties, the Secretary shall--
                    ``(A) require the State in which the county or 
                consortium is located, as a condition for receiving 
                payments under section 474(a)(3)(E) for the first 
                fiscal year quarter of the 5-year period described in 
                paragraph (1), to include in the cost report submitted 
                by the State for the quarter the aggregate 
                administrative costs incurred by the county or 
                consortium in carrying out the grant (for all years for 
                which the grant was conducted by the county or 
                consortium);
                    ``(B) increase the amount paid to the State under 
                section 474(a)(3)(E) for such quarter by an amount 
                equal to 53 percent of such aggregate administrative 
                costs; and
                    ``(C) require the State, as a condition for 
                receiving payments under such section for such quarter, 
                to pass-through the additional amount paid to the State 
                under subparagraph (B) to the county or consortium.
    ``(g) Definition of Eligible Entity.--In this section, the term 
`eligible entity' means--
            ``(1) for purposes of phase 1 of the demonstration program 
        established under this section, the State agency responsible 
        for administering part B and this part, or an Indian tribal 
        organization or a consortium of such organizations with an 
        approved plan under section 479B. Such term may include a 
        county, or a consortium of counties, with more than 1,000,000 
        residents, but only if the State agency responsible for 
        administering part B and this part for the State in which the 
        county is located does not submit an application to participate 
        in such phase; and
            ``(2) for purposes of phase 2 of such demonstration 
        program, an eligible entity awarded a grant for phase 1 that 
        successfully completed the required components of that phase or 
        bypassed that phase pursuant to subsection (c)(1)(D).
    ``(h) Appropriation.--
            ``(1) In general.--Subject to paragraphs (2) and (3), out 
        of any money in the Treasury of the United States not otherwise 
        appropriated, there are appropriated to the Secretary for the 
        purposes of awarding--
                    ``(A) phase 1 planning grants under the 
                demonstration program established under this section. 
                $1,500,000 for fiscal year 2010; and
                    ``(B) phase 2 implementation grants for child 
                welfare workforce improvements, $5,000,000 for each of 
                fiscal years 2011 through 2014.
            ``(2) Limitation.--Not more than $1,000,000 of the amount 
        appropriated for fiscal year 2010 may be awarded to up to 4 
        eligible entities that pursuant to subsection (c)(1)(D) submit 
        a report in lieu of receiving grant funds for conducting the 
        assessment required under subsection (c)(1)(B).
            ``(3) Reservation.--The Secretary shall reserve an amount 
        equal to 5 percent of the amount appropriated under paragraph 
        (1)(B) for each fiscal year for purposes of conducting the 
        technical assistance, including technical assistance requested 
        to be provided by the National Child Welfare Workforce 
        Institute, and the evaluation required under subsection (e).''.

SEC. 7. APPLICATION TO INDIAN TRIBES AND TRIBAL ORGANIZATIONS.

    For purposes of applying this Act or any amendment made by this Act 
to an Indian tribe or tribal organization (as defined in section 4 of 
the Indian Self-Determination and Education Assistance Act (25 U.S.C. 
450b)), the Secretary of Health and Human Services may waive or modify 
any provision of this Act or such an amendment if the Secretary 
determines that the waiver or modification would alleviate or prevent 
an undue burden on the Indian tribe or tribal organization, promote the 
health and safety of children, or otherwise advance the purposes of 
this Act.
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