[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2883 Received in Senate (RDS)]
112th CONGRESS
1st Session
H. R. 2883
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 22, 2011
Received
_______________________________________________________________________
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:
KAREN L. HAAS,
Clerk.