[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2883 Engrossed in House (EH)]

112th CONGRESS
  1st Session
                                H. R. 2883

_______________________________________________________________________

                                 AN ACT


 
 To amend part B of title IV of the Social Security Act to extend the 
  child and family services program through fiscal year 2016, 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 and Family Services 
Improvement and Innovation Act''.

        TITLE I--EXTENSION OF CHILD AND FAMILY SERVICES PROGRAMS

SEC. 101. STEPHANIE TUBBS JONES CHILD WELFARE SERVICES PROGRAM.

    (a) Extension of Program.--Section 425 of the Social Security Act 
(42 U.S.C. 625) is amended by striking ``2007 through 2011'' and 
inserting ``2012 through 2016''.
    (b) Modification of Certain State Plan Requirements.--
            (1) Response to emotional trauma.--Section 
        422(b)(15)(A)(ii) of such Act (42 U.S.C. 622(b)(15)(A)(ii)) is 
        amended by inserting ``, including emotional trauma associated 
        with a child's maltreatment and removal from home'' before the 
        semicolon.
            (2) Procedures on the use of psychotropic medications.--
        Section 422(b)(15)(A)(v) of such Act (42 U.S.C. 
        622(b)(15)(A)(v)) is amended by inserting ``, including 
        protocols for the appropriate use and monitoring of 
        psychotropic medications'' before the semicolon.
            (3) Description of activities to address developmental 
        needs of very young children.--Section 422(b) of such Act (42 
        U.S.C. 622(b)) is amended--
                    (A) by striking ``and'' at the end of paragraph 
                (16);
                    (B) by striking the period at the end of paragraph 
                (17) and inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(18) include a description of the activities that the 
        State has undertaken to reduce the length of time children who 
        have not attained 5 years of age are without a permanent 
        family, and the activities the State undertakes to address the 
        developmental needs of such children who receive benefits or 
        services under this part or part E.''.
            (4) Data sources for child death reporting.--Section 422(b) 
        of such Act (42 U.S.C. 622(b)), as amended by paragraph (3) of 
        this subsection, is amended--
                    (A) by striking ``and'' at the end of paragraph 
                (17);
                    (B) by striking the period at the end of paragraph 
                (18) and inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(19) contain a description of the sources used to compile 
        information on child maltreatment deaths required by Federal 
        law to be reported by the State agency referred to in paragraph 
        (1), and to the extent that the compilation does not include 
        information on such deaths from the State vital statistics 
        department, child death review teams, law enforcement agencies, 
        or offices of medical examiners or coroners, the State shall 
        describe why the information is not so included and how the 
        State will include the information.''.
    (c) Child Visitation by Caseworkers.--Section 424 of such Act (42 
U.S.C. 624) is amended by striking the 2nd subsection (e), as added by 
section 7(b) of the Child and Family Services Improvement Act of 2006, 
and inserting the following:
    ``(f)(1)(A) Each State shall take such steps as are necessary to 
ensure that the total number of visits made by caseworkers on a monthly 
basis to children in foster care under the responsibility of the State 
during a fiscal year is not less than 90 percent (or, in the case of 
fiscal year 2015 or thereafter, 95 percent) of the total number of such 
visits that would occur during the fiscal year if each such child were 
so visited once every month while in such care.
    ``(B) If the Secretary determines that a State has failed to comply 
with subparagraph (A) for a fiscal year, then the percentage that would 
otherwise apply for purposes of subsection (a) for the fiscal year 
shall be reduced by--
            ``(i) 1, if the number of full percentage points by which 
        the State fell short of the percentage specified in 
        subparagraph (A) is less than 10;
            ``(ii) 3, if the number of full percentage points by which 
        the State fell short, as described in clause (i), is not less 
        than 10 and less than 20; or
            ``(iii) 5, if the number of full percentage points by which 
        the State fell short, as described in clause (i), is not less 
        than 20.
    ``(2)(A) Each State shall take such steps as are necessary to 
ensure that not less than 50 percent of the total number of visits made 
by caseworkers to children in foster care under the responsibility of 
the State during a fiscal year occur in the residence of the child 
involved.
    ``(B) If the Secretary determines that a State has failed to comply 
with subparagraph (A) for a fiscal year, then the percentage that would 
otherwise apply for purposes of subsection (a) for the fiscal year 
shall be reduced by--
            ``(i) 1, if the number of full percentage points by which 
        the State fell short of the percentage specified in 
        subparagraph (A) is less than 10;
            ``(ii) 3, if the number of full percentage points by which 
        the State fell short, as described in clause (i), is not less 
        than 10 and less than 20; or
            ``(iii) 5, if the number of full percentage points by which 
        the State fell short, as described in clause (i), is not less 
        than 20.''.
    (d) Technical Correction.--Section 423(b) of such Act (42 U.S.C. 
623(b)) is amended by striking ``per centum'' each place it appears and 
inserting ``percent''.

SEC. 102. PROMOTING SAFE AND STABLE FAMILIES PROGRAM.

    (a) Extension of Funding Authorizations.--
            (1) In general.--Section 436(a) of the Social Security Act 
        (42 U.S.C. 629f(a)) is amended by striking all that follows 
        ``$345,000,000'' and inserting ``for each of fiscal years 2012 
        through 2016.''.
            (2) Discretionary grants.--Section 437(a) of such Act (42 
        U.S.C. 629g(a)) is amended by striking ``2007 through 2011'' 
        and inserting ``2012 through 2016''.
    (b) Targeting of Services to Populations at Greatest Risk of 
Maltreatment.--Section 432(a) of such Act (42 U.S.C. 629b(a)) is 
amended--
            (1) by striking ``and'' at the end of paragraph (8);
            (2) by striking the period at the end of paragraph (9) and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(10) describes how the State identifies which populations 
        are at the greatest risk of maltreatment and how services are 
        targeted to the populations.''.
    (c) Revised Purposes of Family Support Services and Time-limited 
Family Reunification Services.--
            (1) Family support services.--Section 431(a)(2) of such Act 
        (42 U.S.C. 629a(a)(2)) is amended to read as follows:
            ``(2) Family support services.--
                    ``(A) In general.--The term `family support 
                services' means community-based services designed to 
                carry out the purposes described in subparagraph (B).
                    ``(B) Purposes described.--The purposes described 
                in this subparagraph are the following:
                            ``(i) To promote the safety and well-being 
                        of children and families.
                            ``(ii) To increase the strength and 
                        stability of families (including adoptive, 
                        foster, and extended families).
                            ``(iii) To increase parents' confidence and 
                        competence in their parenting abilities.
                            ``(iv) To afford children a safe, stable, 
                        and supportive family environment.
                            ``(v) To strengthen parental relationships 
                        and promote healthy marriages.
                            ``(vi) To enhance child development, 
                        including through mentoring (as defined in 
                        section 439(b)(2)).''.
            (2) Time-limited family reunification services.--Section 
        431(a)(7)(B) of such Act (42 U.S.C. 629a(a)(7)(B)) is amended 
        by redesignating clause (vi) as clause (viii) and inserting 
        after clause (v) the following:
                            ``(vi) Peer-to-peer mentoring and support 
                        groups for parents and primary caregivers.
                            ``(vii) Services and activities designed to 
                        facilitate access to and visitation of children 
                        by parents and siblings.''.
    (d) Uniform Definitions of Indian Tribe and Tribal Organization.--
Section 431(a) of such Act (42 U.S.C. 629a(a)(5) and (6)) is amended by 
striking paragraphs (5) and (6) and inserting the following:
            ``(5) Indian tribe.--The term `Indian tribe' has the 
        meaning given the term in section 428(c).
            ``(6) Tribal organization.--The term `tribal organization' 
        has the meaning given the term in section 428(c).''.
    (e) Submission to Congress of State Summaries of Financial Data; 
Publication on Hhs Website.--Section 432(c) of such Act (42 U.S.C. 
629b(c)) is amended--
            (1) by striking all that precedes ``shall'' and inserting 
        the following:
    ``(c) Annual Submission of State Reports to Congress.--
            ``(1) In general.--The Secretary''; and
            (2) by adding after and below the end the following:
            ``(2) Information to be included.--The compilation shall 
        include the individual State reports and tables that synthesize 
        State information into national totals for each element 
        required to be included in the reports, including planned and 
        actual spending by service category for the program authorized 
        under this subpart and planned spending by service category for 
        the program authorized under subpart 1.
            ``(3) Public accessibility.--Not later than September 30 of 
        each year, the Secretary shall publish the compilation on the 
        website of the Department of Health and Human Services in a 
        location easily accessible by the public.''.
    (f) GAO Report on Multiple Sources of Federal Spending and Family 
Access to Services.--Not later than 12 months after the date of 
enactment of this Act, the Comptroller General of the United States 
shall submit to Congress a report that--
            (1) identifies alternative sources of Federal funding that 
        are being employed by States or other entities for the same 
        purposes for which funding is provided under subpart 1 or 2 of 
        part B of title IV of the Social Security Act; and
            (2) assesses the needs of families eligible for services 
        under such program, including identification of underserved 
        communities and information regarding--
                    (A) the supports available for caseworkers to 
                appropriately investigate and safely manage their 
                caseloads;
                    (B) the length of the wait time for families to 
                receive substance abuse and other preventive services; 
                and
                    (C) the number of families on waiting lists for 
                such services and the effect of the delay on healthy, 
                successful reunification outcomes for such families.
    (g) Technical Corrections.--
            (1) Section 432(a)(8)(B) of the Social Security Act (42 
        U.S.C. 629b(a)(8)(B)) is amended in each of clauses (i) and 
        (ii) by striking ``forms CFS 101-Part I and CFS 101-Part II (or 
        any successor forms)'' and inserting ``form CFS-101 (including 
        all parts and any successor forms)''.
            (2) Section 433(c)(2) of the Social Security Act (42 U.S.C. 
        629c(c)(2)) is amended--
                    (A) in the paragraph heading, by striking ``Food 
                stamp'' and inserting ``Supplemental nutrition 
                assistance program benefits''; and
                    (B) by striking ``benefits benefits'' each place it 
                appears and inserting ``benefits''.

SEC. 103. GRANTS FOR TARGETED PURPOSES.

    (a) Extension of Funding Reservations for Monthly Caseworker Visits 
and Regional Partnership Grants.--Section 436(b) of the Social Security 
Act (42 U.S.C. 629f(b)) is amended--
            (1) in paragraph (4)(A), by striking ``433(e)'' and all 
        that follows and inserting ``433(e) $20,000,000 for each of 
        fiscal years 2012 through 2016.''; and
            (2) in paragraph (5), by striking ``437(f)'' and all that 
        follows and inserting ``437(f) $20,000,000 for each of fiscal 
        years 2012 through 2016.''.
    (b) Revision in Use of Monthly Caseworker Visits Grants.--Section 
436(b)(4)(B)(i) of such Act (42 U.S.C. 629f(b)(4)(B)) is amended--
            (1) by striking ``support'' and insert ``improve the 
        quality of''; and
            (2) by striking ``a primary emphasis'' and all that follows 
        and inserting ``an emphasis on improving caseworker decision 
        making on the safety, permanency, and well-being of foster 
        children and on activities designed to increase retention, 
        recruitment, and training of caseworkers.''; and
    (c) Reauthorization of Regional Partnership Grants to Assist 
Children Affected by Parental Substance Abuse.--
            (1) Extension of program.--Section 437(f)(3)(A) of such Act 
        (42 U.S.C. 629g(f)(3)(A)) is amended by striking ``2007 through 
        2011'' and inserting ``2012 through 2016''.
            (2) Revisions to program.--Section 437(f) of such Act (42 
        U.S.C. 629g(f)) is amended--
                    (A) in the subsection heading, by striking 
                ``Methamphetamine or Other'';
                    (B) in each of paragraphs (1), (4)(A), (7)(A)(i), 
                and (9)(B)(iii), by striking ``methamphetamine or 
                other'';
                    (C) in paragraph (3), by striking subparagraph (B) 
                and inserting the following:
                    ``(B) Required minimum period of approval.--
                            ``(i) In general.--A grant shall be awarded 
                        under this subsection for a period of not less 
                        than 2, and not more than 5, fiscal years, 
                        subject to clause (ii).
                            ``(ii) Extension of grant.--On application 
                        of the grantee, the Secretary may extend for 
                        not more than 2 fiscal years the period for 
                        which a grant is awarded under this subsection.
                    ``(C) Multiple grants allowed.--This subsection 
                shall not be interpreted to prevent a grantee from 
                applying for, or being awarded, separate grants under 
                this subsection.'';
                    (D) in paragraph (6)(A)--
                            (i) by striking ``and'' at the end of 
                        clause (ii);
                            (ii) by striking the period at the end of 
                        clause (iii) and inserting a semicolon; and
                            (iii) by adding at the end the following:
                            ``(iv) 70 percent for the sixth such fiscal 
                        year; and
                            ``(v) 65 percent for the seventh such 
                        fiscal year.'';
                    (E) in paragraph (7)--
                            (i) by striking ``shall--'' and all that 
                        follows through ``(A) take'' and inserting 
                        ``shall take'';
                            (ii) in subparagraph (A)(iv), by striking 
                        ``; and'' and inserting a period;
                            (iii) by striking subparagraph (B); and
                            (iv) by redesignating clauses (i) through 
                        (iv) of subparagraph (A) as subparagraphs (A) 
                        through (D), respectively, and moving each of 
                        such provisions 2 ems to the left; and
                    (F) by adding at the end the following:
            ``(10) Limitation on use of funds for administrative 
        expenses of the secretary.--Not more than 5 percent of the 
        amounts appropriated or reserved for awarding grants under this 
        subsection for each of fiscal years 2012 through 2016 may be 
        used by the Secretary for salaries and Department of Health and 
        Human Services administrative expenses in administering this 
        subsection.''.
            (3) Evaluations.--Not later than December 31, 2012, and not 
        later than December 31, 2017, the Secretary of Health and Human 
        Services shall evaluate the effectiveness of the grants awarded 
        to regional partnerships under section 437(f) of the Social 
        Security Act (42 U.S.C. 629g(f)) and shall publish a report 
        regarding the results of each evaluation on the website of the 
        Department of Health and Human Services. Each report required 
        to be published under this subsection shall include--
                    (A) an evaluation of the programs and activities 
                conducted, and the services provided, with the grant 
                funds awarded under such section for fiscal years 2007 
                through 2011, in the case of the evaluation required by 
                December 31, 2012, and for fiscal years 2012 through 
                2016, in the case of the evaluation required by 
                December 31, 2017;
                    (B) an analysis of the regional partnerships 
                awarded such grants that have, and have not, been 
                successful in achieving the goals and outcomes 
                specified in their grant applications and with respect 
                to the performance indicators established by the 
                Secretary under paragraph (8) of such section that are 
                applicable to their grant awards; and
                    (C) an analysis of the extent to which such grants 
                have been successful in addressing the needs of 
                families with methamphetamine or other substance abuse 
                problems who come to the attention of the child welfare 
                system and in achieving the goals of child safety, 
                permanence, and family stability.

SEC. 104. COURT IMPROVEMENT PROGRAM.

    (a) Grant Purposes.--Section 438(a) of the Social Security Act (42 
U.S.C. 629h(a)) is amended--
            (1) in paragraph (2)--
                    (A) in subparagraph (A), by striking ``; and'' and 
                inserting ``, including the requirements in the Act 
                related to concurrent planning;'';
                    (B) in subparagraph (B), by adding ``and'' at the 
                end; and
                    (C) by adding at the end the following:
                    ``(C) to increase and improve engagement of the 
                entire family in court processes relating to child 
                welfare, family preservation, family reunification, and 
                adoption;''; and
            (2) in paragraph (4)--
                    (A) by inserting ``(A)'' after ``(4)'';
                    (B) by striking the period and inserting ``; and''; 
                and
                    (C) by adding after and below the end the 
                following:
            ``(B) to increase and improve engagement of the entire 
        family in court processes relating to child welfare, family 
        preservation, family reunification, and adoption.''.
    (b) Single Grant Application.--Section 438(b)(2) of such Act (42 
U.S.C. 629h(b)(2)) is amended to read as follows:
            ``(2) Single grant application.--Pursuant to the 
        requirements under paragraph (1) of this subsection, a highest 
        State court desiring a grant under this section shall submit a 
        single application to the Secretary that specifies whether the 
        application is for a grant for--
                    ``(A) the purposes described in paragraphs (1) and 
                (2) of subsection (a);
                    ``(B) the purpose described in subsection (a)(3);
                    ``(C) the purpose described in subsection (a)(4); 
                or
                    ``(D) the purposes referred to in 2 or more 
                (specifically identified) of subparagraphs (A), (B), 
                and (C) of this paragraph.''.
    (c) Amount of Grant.--Section 438(c) of such Act (42 U.S.C. 
629h(c)) is amended to read as follows:
    ``(c) Amount of Grant.--
            ``(1) In general.--With respect to each of subparagraphs 
        (A), (B), and (C) of subsection (b)(2) that refers to 1 or more 
        grant purposes for which an application of a highest State 
        court is approved under this section, the court shall be 
        entitled to payment, for each of fiscal years 2012 through 
        2016, from the amount allocated under paragraph (3) of this 
        subsection for grants for the purpose or purposes, of an amount 
        equal to $85,000 plus the amount described in paragraph (2) of 
        this subsection with respect to the purpose or purposes.
            ``(2) Amount described.--The amount described in this 
        paragraph for any fiscal year with respect to the purpose or 
        purposes referred to in a subparagraph of subsection (b)(2) is 
        the amount that bears the same ratio to the total of the 
        amounts allocated under paragraph (3) of this subsection for 
        grants for the purpose or purposes as the number of individuals 
        in the State who have not attained 21 years of age bears to the 
        total number of such individuals in all States the highest 
        State courts of which have approved applications under this 
        section for grants for the purpose or purposes.
            ``(3) Allocation of funds.--
                    ``(A) Mandatory funds.--Of the amounts reserved 
                under section 436(b)(2) for any fiscal year, the 
                Secretary shall allocate--
                            ``(i) $9,000,000 for grants for the 
                        purposes described in paragraphs (1) and (2) of 
                        subsection (a);
                            ``(ii) $10,000,000 for grants for the 
                        purpose described in subsection (a)(3);
                            ``(iii) $10,000,000 for grants for the 
                        purpose described in subsection (a)(4); and
                            ``(iv) $1,000,000 for grants to be awarded 
                        on a competitive basis among the highest courts 
                        of Indian tribes or tribal consortia that--
                                    ``(I) are operating a program under 
                                part E, in accordance with section 
                                479B;
                                    ``(II) are seeking to operate a 
                                program under part E and have received 
                                an implementation grant under section 
                                476; or
                                    ``(III) has a court responsible for 
                                proceedings related to foster care or 
                                adoption.
                    ``(B) Discretionary funds.--The Secretary shall 
                allocate all of the amounts reserved under section 
                437(b)(2) for grants for the purposes described in 
                paragraphs (1) and (2) of subsection (a).''.
    (d) Extension of Federal Share.--Section 438(d) of such Act (42 
U.S.C. 629h(d)) is amended by striking ``2002 through 2011'' and 
inserting ``2012 through 2016''.
    (e) Technical Correction.--Effective as if included in the 
enactment of the Safe and Timely Interstate Placement of Foster 
Children Act of 2006, section 8(b) of such Act (120 Stat. 513) is 
amended by striking ``438(b) of such Act (42 U.S.C. 638(b))'' inserting 
``438(b)(1) of such Act (42 U.S.C. 629h(b)(1))''.

SEC. 105. DATA STANDARDIZATION FOR IMPROVED DATA MATCHING.

    (a) In General.--Part B of title IV of the Social Security Act (42 
U.S.C. 621-629i) is amended by adding at the end the following:

                     ``Subpart 3--Common Provisions

``SEC. 440. DATA STANDARDIZATION FOR IMPROVED DATA MATCHING.

    ``(a) Standard Data Elements.--
            ``(1) Designation.--The Secretary, in consultation with an 
        interagency work group established by the Office of Management 
        and Budget, and considering State perspectives, shall, by rule, 
        designate standard data elements for any category of 
        information required to be reported under this part.
            ``(2) Data elements must be nonproprietary and 
        interoperable.--The standard data elements designated under 
        paragraph (1) shall, to the extent practicable, be 
        nonproprietary and interoperable.
            ``(3) Other requirements.--In designating standard data 
        elements under this subsection, the Secretary shall, to the 
        extent practicable, incorporate--
                    ``(A) interoperable standards developed and 
                maintained by an international voluntary consensus 
                standards body, as defined by the Office of Management 
                and Budget, such as the International Organization for 
                Standardization;
                    ``(B) interoperable standards developed and 
                maintained by intergovernmental partnerships, such as 
                the National Information Exchange Model; and
                    ``(C) interoperable standards developed and 
                maintained by Federal entities with authority over 
                contracting and financial assistance, such as the 
                Federal Acquisition Regulatory Council.
    ``(b) Data Standards for Reporting.--
            ``(1) Designation.--The Secretary, in consultation with an 
        interagency work group established by the Office of Management 
        and Budget, and considering State government perspectives, 
        shall, by rule, designate data reporting standards to govern 
        the reporting required under this part.
            ``(2) Requirements.--The data reporting standards required 
        by paragraph (1) shall, to the extent practicable--
                    ``(A) incorporate a widely-accepted, non-
                proprietary, searchable, computer-readable format;
                    ``(B) be consistent with and implement applicable 
                accounting principles; and
                    ``(C) be capable of being continually upgraded as 
                necessary.
            ``(3) Incorporation of nonproprietary standards.--In 
        designating reporting standards under this subsection, the 
        Secretary shall, to the extent practicable, incorporate 
        existing nonproprietary standards, such as the eXtensible 
        Business Reporting Language.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on October 1, 2012, and shall apply with respect to 
information required to be reported on or after such date.

SEC. 106. PROVISIONS RELATING TO FOSTER CARE OR ADOPTION.

    (a) Educational Stability for Each Foster Placement.--Section 
475(1)(G) of the Social Security Act (42 U.S.C. 675(1)(G)) is amended--
            (1) in clause (i), by striking ``the placement'' and 
        inserting ``each placement''; and
            (2) in clause (ii)(I), by inserting ``each'' before 
        ``placement''.
    (b) Foster Youth ID Theft.--Section 475(5) of such Act (42 U.S.C. 
675(5)) is amended--
            (1) by striking ``and'' at the end of subparagraph (G);
            (2) by striking the period at the end of subparagraph (H) 
        and inserting ``; and''; and
            (3) by adding at the end the following:
                    ``(I) each child in foster care under the 
                responsibility of the State who has attained 16 years 
                of age receives without cost a copy of any consumer 
                report (as defined in section 603(d) of the Fair Credit 
                Reporting Act) pertaining to the child each year until 
                the child is discharged from care, and receives 
                assistance (including, when feasible, from any court-
                appointed advocate for the child) in interpreting and 
                resolving any inaccuracies in the report.''.
    (c) Description of Adoption Spending.--Section 473(a)(8) of such 
Act (42 U.S.C. 673(a)(8)) is amended by inserting ``, and shall 
document how such amounts are spent, including on post-adoption 
services'' before the period.
    (d) Inclusion in Annual Report of Additional Information on Child 
Visitation by Caseworkers.--Section 479A(6) of such Act (42 U.S.C. 
679b(6)) is amended--
            (1) by striking ``and'' at the end of subparagraph (A); and
            (2) by redesignating subparagraph (B) as subparagraph (C) 
        and inserting after subparagraph (A) the following:
                    ``(B) the total number of visits made by 
                caseworkers on a monthly basis to children in foster 
                care under the responsibility of the State during a 
                fiscal year as a percentage of the total number of the 
                visits that would occur during the fiscal year if each 
                child were so visited once every month while in such 
                care; and''.

SEC. 107. EFFECTIVE DATE.

    (a) In General.--Except as otherwise provided in this title, this 
title and the amendments made by this title shall take effect on 
October 1, 2011, and shall apply to payments under parts B and E of 
title IV of the Social Security Act for calendar quarters beginning on 
or after such date, without regard to whether regulations to implement 
the amendments are promulgated by such date.
    (b) Delay Permitted if State Legislation Required.--If the 
Secretary of Health and Human Services determines that State 
legislation (other than legislation appropriating funds) is required in 
order for a State plan developed pursuant to subpart 1 of part B, or a 
State plan approved under subpart 2 of part B or part E, of title IV of 
the Social Security Act to meet the additional requirements imposed by 
the amendments made by this title, the plan shall not be regarded as 
failing to meet any of the additional requirements before the 1st day 
of the 1st calendar quarter beginning after the first regular session 
of the State legislature that begins after the date of the enactment of 
this Act. If the State has a 2-year legislative session, each year of 
the session is deemed to be a separate regular session of the State 
legislature.

             TITLE II--CHILD WELFARE DEMONSTRATION PROJECTS

SEC. 201. RENEWAL OF AUTHORITY TO APPROVE DEMONSTRATION PROJECTS 
              DESIGNED TO TEST INNOVATIVE STRATEGIES IN STATE CHILD 
              WELFARE PROGRAMS.

    Section 1130 of the Social Security Act (42 U.S.C. 1320a-9) is 
amended--
            (1) in subsection (a)--
                    (A) by amending paragraph (2) to read as follows:
            ``(2) Limitation.--During fiscal years 2012 through 2014, 
        the Secretary may authorize demonstration projects described in 
        paragraph (1), with not more than 10 demonstration projects to 
        be authorized in each fiscal year.''.
                    (B) by striking paragraph (3) and inserting the 
                following:
            ``(3) Conditions for state eligibility.--For purposes of a 
        new demonstration project under this section that is initially 
        approved in any of fiscal years 2012 through 2014, a State 
        shall be authorized to conduct such demonstration project only 
        if the State satisfies the following conditions:
                    ``(A) Identify 1 or more goals.--
                            ``(i) In general.--The State shall 
                        demonstrate that the demonstration project is 
                        designed to accomplish 1 or more of the 
                        following goals:
                                    ``(I) Increase permanency for all 
                                infants, children, and youth by 
                                reducing the time in foster placements 
                                when possible and promoting a 
                                successful transition to adulthood for 
                                older youth.
                                    ``(II) Increase positive outcomes 
                                for infants, children, youth, and 
                                families in their homes and 
                                communities, including tribal 
                                communities, and improve the safety and 
                                well-being of infants, children, and 
                                youth.
                                    ``(III) Prevent child abuse and 
                                neglect and the re-entry of infants, 
                                children, and youth into foster care.
                            ``(ii) Long-term therapeutic family 
                        treatment centers; addressing domestic 
                        violence.--With respect to a demonstration 
                        project that is designed to accomplish 1 or 
                        more of the goals described in clause (i), the 
                        State may elect to establish a program--
                                    ``(I) to permit foster care 
                                maintenance payments to be made under 
                                part E of title IV to a long-term 
                                therapeutic family treatment center (as 
                                described in paragraph (8)(B)) on 
                                behalf of a child residing in the 
                                center; or
                                    ``(II) to identify and address 
                                domestic violence that endangers 
                                children and results in the placement 
                                of children in foster care.
                    ``(B) Demonstrate readiness.--The State shall 
                demonstrate through a narrative description the State's 
                capacity to effectively use the authority to conduct a 
                demonstration project under this section by identifying 
                changes the State has made or plans to make in 
                policies, procedures, or other elements of the State's 
                child welfare program that will enable the State to 
                successfully achieve the goal or goals of the project.
                    ``(C) Demonstrate implemented or planned child 
                welfare program improvement policies.--
                            ``(i) In general.--The State shall 
                        demonstrate that the State has implemented, or 
                        plans to implement within 3 years of the date 
                        on which the State submits its application to 
                        conduct the demonstration project or 2 years 
                        after the date on which the Secretary approves 
                        such demonstration project (whichever is 
                        later), at least 2 of the child welfare program 
                        improvement policies described in paragraph 
                        (7).
                            ``(ii) Previous implementation.--For 
                        purposes of the requirement described in clause 
                        (i), at least 1 of the child welfare program 
                        improvement policies to be implemented by the 
                        State shall be a policy that the State has not 
                        previously implemented as of the date on which 
                        the State submits an application to conduct the 
                        demonstration project.
                            ``(iii) Implementation review.--The 
                        Secretary may terminate the authority of a 
                        State to conduct a demonstration project under 
                        this section if, after the 3-year period 
                        following approval of the demonstration 
                        project, the State has not made significant 
                        progress in implementing the child welfare 
                        program improvement policies proposed by the 
                        State under clause (i).'';
                    (C) in paragraph (5), by inserting ``and the 
                ability of the State to implement a corrective action 
                plan approved under section 1123A'' before the period; 
                and
                    (D) by adding at the end the following:
            ``(6) Inapplicability of random assignment for control 
        groups as a factor for approval of demonstration projects.--For 
        purposes of evaluating an application to conduct a 
        demonstration project under this section, the Secretary shall 
        not take into consideration whether such project requires 
        random assignment of children and families to groups served 
        under the project and to control groups.
            ``(7) Child welfare program improvement policies.--For 
        purposes of paragraph (3)(C), the child welfare program 
        improvement policies described in this paragraph are the 
        following:
                    ``(A) The establishment of a bill of rights for 
                infants, children, and youth in foster care that is 
                widely shared and clearly outlines protections for 
                infants, children, and youth, such as assuring frequent 
                visits with parents, siblings, and caseworkers, access 
                to attorneys, and participation in age-appropriate 
                extracurricular activities, and procedures for ensuring 
                the protections are provided.
                    ``(B) The development and implementation of a plan 
                for meeting the health and mental health needs of 
                infants, children, and youth in foster care that 
                includes ensuring that the provision of health and 
                mental health care is child-specific, comprehensive, 
                appropriate, and consistent (through means such as 
                ensuring the infant, child, or youth has a medical 
                home, regular wellness medical visits, and addressing 
                the issue of trauma, when appropriate).
                    ``(C) The inclusion in the State plan under section 
                471 of an amendment implementing the option under 
                subsection (a)(28) of that section to enter into 
                kinship guardianship assistance agreements.
                    ``(D) The election under the State plan under 
                section 471 to define a `child' for purposes of the 
                provision of foster care maintenance payments, adoption 
                assistance payments, and kinship guardianship 
                assistance payments, so as to include individuals 
                described in each of subclauses (I), (II), and (III) of 
                section 475(8)(B)(i) who have not attained age 21.
                    ``(E) The development and implementation of a plan 
                that ensures congregate care is used appropriately and 
                reduces the placement of children and youth in such 
                care.
                    ``(F) Of those infants, children, and youth in out-
                of-home placements, substantially increasing the number 
                of cases of siblings who are in the same foster care, 
                kinship guardianship, or adoptive placement, above the 
                number of such cases in fiscal year 2008.
                    ``(G) The development and implementation of a plan 
                to improve the recruitment and retention of high 
                quality foster family homes trained to help assist 
                infants, children, and youth swiftly secure permanent 
                families. Supports for foster families under such a 
                plan may include increasing maintenance payments to 
                more adequately meet the needs of infants, children, 
                and youth in foster care and expanding training, 
                respite care, and other support services for foster 
                parents.
                    ``(H) The establishment of procedures designed to 
                assist youth as they prepare for their transition out 
                of foster care, such as arranging for participation in 
                age-appropriate extra-curricular activities, providing 
                appropriate access to cell phones, computers, and 
                opportunities to obtain a driver's license, providing 
                notification of all sibling placements if siblings are 
                in care and sibling location if siblings are out of 
                care, and providing counseling and financial support 
                for post-secondary education.
                    ``(I) The inclusion in the State plan under section 
                471 of a description of State procedures for--
                            ``(i) ensuring that youth in foster care 
                        who have attained age 16 are engaged in 
                        discussions, including during the development 
                        of the transition plans required under 
                        paragraphs (1)(D) and (5)(H) of section 475, 
                        that explore whether the youth wishes to 
                        reconnect with the youth's biological family, 
                        including parents, grandparents, and siblings, 
                        and, if so, what skills and strategies the 
                        youth will need to successfully and safely 
                        reconnect with those family members;
                            ``(ii) providing appropriate guidance and 
                        services to youth whom affirm an intent to 
                        reconnect with biological family members on how 
                        to successfully and safely manage such 
                        reconnections; and
                            ``(iii) making, when appropriate, efforts 
                        to include biological family members in such 
                        reconnection efforts.
                    ``(J) The establishment of one or more of the 
                following programs designed to prevent infants, 
                children, and youth from entering foster care or to 
                provide permanency for infants, children, and youth in 
                foster care:
                            ``(i) An intensive family finding program.
                            ``(ii) A kinship navigator program.
                            ``(iii) A family counseling program, such 
                        as a family group decision-making program, and 
                        which may include in-home peer support for 
                        families.
                            ``(iv) A comprehensive family-based 
                        substance abuse treatment program.
                            ``(v) A program under which special efforts 
                        are made to identify and address domestic 
                        violence that endangers infants, children, and 
                        youth and puts them at risk of entering foster 
                        care.
                            ``(vi) A mentoring program.
            ``(8) Definitions.--In this subsection--
                    ``(A) the term `youth' means, with respect to a 
                State, an individual who has attained age 12 but has 
                not attained the age at which an individual is no 
                longer considered to be a child under the State plans 
                under parts B and E of title IV, and
                    ``(B) the term `long-term therapeutic family 
                treatment center' means a State licensed or certified 
                program that enables parents and their children to live 
                together in a safe environment for a period of not less 
                than 6 months and provides, on-site or by referral, 
                substance abuse treatment services, children's early 
                intervention services, family counseling, legal 
                services, medical care, mental health services, nursery 
                and preschool, parenting skills training, pediatric 
                care, prenatal care, sexual abuse therapy, relapse 
                prevention, transportation, and job or vocational 
                training or classes leading to a secondary school 
                diploma or a certificate of general equivalence.'';
            (2) by striking subsection (d) and inserting the following:
    ``(d) Duration of Demonstration.--
            ``(1) In general.--Subject to paragraph (2), a 
        demonstration project under this section may be conducted for 
        not more than 5 years, unless in the judgment of the Secretary, 
        the demonstration project should be allowed to continue.
            ``(2) Termination of authority.--In no event shall a 
        demonstration project under this section be conducted after 
        September 30, 2019.'';
            (3) in subsection (e)--
                    (A) in paragraph (1), by striking ``(which shall 
                provide,'' and all that follows before the semicolon;
                    (B) by striking ``and'' at the end of paragraph 
                (6);
                    (C) by redesignating paragraph (7) as paragraph 
                (8); and
                    (D) by inserting after paragraph (6) the following:
            ``(7) an accounting of any additional Federal, State, and 
        local investments made, as well as any private investments made 
        in coordination with the State, during the 2 fiscal years 
        preceding the application to provide the services described in 
        paragraph (1), and an assurance that the State will provide an 
        accounting of that same spending for each year of an approved 
        demonstration project; and'';
            (4) by redesignating subsection (g) as subsection (h);
            (5) by striking subsection (f) and inserting the following:
    ``(f) Evaluations.--Each State authorized to conduct a 
demonstration project under this section shall obtain an evaluation by 
an independent contractor of the effectiveness of the project, using an 
evaluation design approved by the Secretary which provides for--
            ``(1) comparison of methods of service delivery under the 
        project, and such methods under a State plan or plans, with 
        respect to efficiency, economy, and any other appropriate 
        measures of program management;
            ``(2) comparison of outcomes for children and families (and 
        groups of children and families) under the project, and such 
        outcomes under a State plan or plans, for purposes of assessing 
        the effectiveness of the project in achieving program goals; 
        and
            ``(3) any other information that the Secretary may require.
    ``(g) Reports.--
            ``(1) State reports; public availability.--Each State 
        authorized to conduct a demonstration project under this 
        section shall--
                    ``(A) submit periodic reports to the Secretary on 
                the specific programs, activities, and strategies used 
                to improve outcomes for infants, children, youth, and 
                families and the results achieved for infants, 
                children, and youth during the conduct of the 
                demonstration project, including with respect to those 
                infants, children, and youth who are prevented from 
                entering foster care, infants, children, and youth in 
                foster care, and infants, children, and youth who move 
                from foster care to permanent families; and
                    ``(B) post a copy of each such report on the 
                website for the State child welfare program concurrent 
                with the submission of the report to the Secretary.
            ``(2) Reports to congress.--The Secretary shall submit to 
        the Committee on Ways and Means of the House of Representatives 
        and the Committee on Finance of the Senate--
                    ``(A) periodic reports based on the State reports 
                submitted under paragraph (1); and
                    ``(B) a report based on the results of the State 
                evaluations required under subsection (f) that includes 
                an analysis of the results of such evaluations and such 
                recommendations for administrative or legislative 
                changes as the Secretary determines appropriate.''; and
            (6) by adding at the end the following:
    ``(i) Indian Tribes Operating IV-E Programs Considered States.--An 
Indian tribe, tribal organization, or tribal consortium that has 
elected to operate a program under part E of title IV in accordance 
with section 479B shall be considered a State for purposes of this 
section.''.

                      TITLE III--BUDGET PROVISIONS

SEC. 301. BUDGETARY EFFECTS.

    The budgetary effects of this Act, for the purpose of complying 
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by 
reference to the latest statement titled ``Budgetary Effects of PAYGO 
Legislation'' for this Act, submitted for printing in the Congressional 
Record by the Chairman of the Senate Budget Committee, provided that 
such statement has been submitted prior to the vote on passage.

            Passed the House of Representatives September 21, 2011.

            Attest:

                                                                 Clerk.
112th CONGRESS

  1st Session

                               H. R. 2883

_______________________________________________________________________

                                 AN ACT

 To amend part B of title IV of the Social Security Act to extend the 
  child and family services program through fiscal year 2016, and for 
                            other purposes.