[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1013 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                S. 1013

To renew the authority of the Secretary of Health and Human Services to 
 approve demonstration projects designed to test innovative strategies 
                    in State child welfare programs.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 17, 2011

  Mr. Baucus (for himself, Mr. Hatch, Mr. Rockefeller, and Mr. Enzi) 
introduced the following bill; which was read twice and referred to the 
                          Committee on Finance

_______________________________________________________________________

                                 A BILL


 
To renew the authority of the Secretary of Health and Human Services to 
 approve demonstration projects designed to test innovative strategies 
                    in State child welfare programs.

    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 ``State Child Welfare Innovation 
Act''.

SEC. 2. 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) in paragraph (2), by striking ``1998 through 
                2003'' and inserting ``2011 through 2014'';
                    (B) by striking paragraph (3) and inserting the 
                following:
            ``(3) Conditions for state eligibility.--In order to be 
        authorized to conduct a new demonstration project under this 
        section in any of fiscal years 2011 through 2014, a State shall 
        satisfy the following conditions:
                    ``(A) Identify 1 or more goals.--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.
                    ``(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.--The State shall 
                demonstrate that the State has implemented, or plans to 
                implement within 2 years of the date of enactment of 
                the State Child Welfare Innovation Act, at least 3 of 
                the child welfare program improvement policies 
                described in paragraph (6), of which--
                            ``(i) 3 such policies are policies that the 
                        State has not previously implemented as of the 
                        date on which the State submits an application 
                        to conduct the demonstration project; or
                            ``(ii) 2 such policies are policies that 
                        the State implemented after the enactment of 
                        the Fostering Connections to Success and 
                        Increasing Adoptions Act of 2008 (Public Law 
                        110-351) and 1 such policy is a policy that the 
                        State has not previously implemented.'';
                    (C) in paragraph (4)--
                            (i) by inserting ``or kinship guardianship 
                        assistance'' after ``assistance''; and
                            (ii) by inserting ``or relative guardian'' 
                        after ``parents'';
                    (D) 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
                    (E) by adding at the end the following:
            ``(6) Child welfare program improvement policies.--
                    ``(A) Policies described.--For purposes of 
                paragraph (3)(C), the child welfare program improvement 
                policies described in this paragraph are the following:
                            ``(i) 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.
                            ``(ii) 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).
                            ``(iii) The establishment of procedures and 
                        protocols for promoting educational stability 
                        for children and youth in foster care by 
                        keeping such children and youth in the same 
                        school while they are in foster care, unless 
                        remaining in that school is not in their best 
                        interest, consistent with the requirements of 
                        paragraphs (1)(G) and (4)(A) of section 475.
                            ``(iv) 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.
                            ``(v) The development and implementation of 
                        specific procedures for protecting children and 
                        youth from the inappropriate use of 
                        psychotropic medications, including providing 
                        for regularly reporting on the use of 
                        psychotropic medications for children and youth 
                        in foster care that includes reporting the ages 
                        and type of placements of such children and 
                        youth who receive such medications.
                            ``(vi) 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.
                            ``(vii) 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.
                            ``(viii) 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 secure permanent families swiftly. 
                        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.
                            ``(ix) 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, 
                        and providing counseling and financial support 
                        for post-secondary education.
                            ``(x) 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.
                            ``(xi) 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.
                            ``(xii) 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.
                            ``(xiii) The inclusion in the State plan 
                        under section 471 of an amendment implementing 
                        each of the options under subclauses (I), (II), 
                        and (III) of section 475(8)(B)(i) to define a 
                        `child' for purposes of the provision of foster 
                        care maintenance payments, adoption assistance 
                        payments, and kinship guardianship assistance 
                        payments, as an individual who has not attained 
                        age 21 (or, in the case of a State that has had 
                        such a definition prior to 2008 for purposes of 
                        the provision of foster care maintenance 
                        payments, an amendment implementing each of the 
                        options under subclauses (II) and (III) of that 
                        section).
                    ``(B) Definition.--In this paragraph, 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.'';
            (2) in subsection (d), by striking ``5 years'' and all that 
        follows through the period and inserting ``3 years. The 
        Secretary shall not authorize the extension or renewal of any 
        demonstration project conducted under this section after 
        September 30, 2018.'';
            (3) in subsection (e)--
                    (A) in paragraph (1), by striking ``(which shall 
                provide,'' and all that follows up to the semicolon;
                    (B) by striking ``and'' at the end of paragraph 
                (6);
                    (C) by redesignating paragraph (7) as paragraph 
                (9); and
                    (D) by inserting after paragraph (6) the following:
            ``(7) an accounting of any additional Federal, State, 
        local, and private investments (other than those with respect 
        to which matching funds were provided under part B or E of 
        title IV) made, 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;
            ``(8) an assurance that the State will continue to expend, 
        during each year of the demonstration project, an amount at 
        least equivalent to the average amount of Federal, State, and 
        local funds expended on the services described in paragraph (1) 
        during the 2 fiscal years preceding the fiscal year in which 
        the application is submitted; and'';
            (4) by redesignating subsection (g) as subsection (h);
            (5) by striking subsection (f) and inserting the following:
    ``(f) State Evaluations.--
            ``(1) In general.--A State authorized to conduct a 
        demonstration project under this section shall obtain an 
        evaluation by an independent contractor of the effectiveness of 
        the project that is--
                    ``(A) conducted in accordance with guidance from 
                the Secretary on establishing an appropriate and 
                rigorous comparative methodology that does not result 
                in the denial of child welfare services to any group of 
                infants, children, youth, and families; and
                    ``(B) uses an evaluation design that is determined 
                by the Secretary to be consistent with such guidance 
                and satisfies the requirements of paragraph (2).
            ``(2) Required design elements.--The evaluation design 
        shall provide for--
                    ``(A) 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;
                    ``(B) comparison of the amounts of Federal, State, 
                local and private investments in the services described 
                in subsection (e)(1), by service type, with the amount 
                of the investments during the period of the 
                demonstration project; and
                    ``(C) any other information that the Secretary may 
                require.
            ``(3) Evaluation reports.--A State authorized to conduct a 
        demonstration project under this section shall provide, in 
        addition to the reports required under subsection (g)(1), 
        interim and final evaluation reports to the Secretary, at such 
        times and in such manner as the Secretary may require.
            ``(4) Child welfare services defined.--In this subsection, 
        the term `child welfare services' means services intended to 
        prevent the abuse or neglect of children, to ensure that 
        children have safe, permanent homes, and to promote the well-
        being of children and their families. Such term includes any 
        services described in the preceding sentence that are provided 
        under a program authorized or funded under title IV, and 
        services provided under programs designed to prevent infants, 
        children, and youth from entering foster care, including the 
        following programs: An in-home family preservation program, an 
        intensive family finding program, a kinship navigator program, 
        a family counseling program such as a family group decision-
        making program (which may include in-home peer support for 
        families), a comprehensive family-based substance abuse 
        treatment program, and 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.
    ``(g) State and Congressional 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 
                Internet 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.''.

SEC. 3. 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.
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