II 111th CONGRESS 1st Session S. 2837 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.

1.

Short title

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

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 The related Federal funding procedures are linked to an outdated income eligibility requirement and administered in a way that fails to recognize the scope of work and types of staff who are working with children in the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.

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. .

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:

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).

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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.

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:

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).

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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.