[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2883 Enrolled Bill (ENR)]

        H.R.2883

                      One Hundred Twelfth Congress

                                 of the

                        United States of America


                          AT THE FIRST SESSION

         Begun and held at the City of Washington on Wednesday,
            the fifth day of January, two thousand and eleven


                                 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.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.