II 112th CONGRESS 1st Session S. 1509 IN THE SENATE OF THE UNITED STATES August 2, 2011 Mr. Wyden introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To provide incentives for States to improve the well-being of children in the child welfare system through systemic reforms and innovations, increased collaboration between State agencies, and incorporation of higher standards of accountability.

1.

Short title

This Act may be cited as the Promoting Accountability and Excellence in Child Welfare Act of 2011.

2.

Child Welfare Innovation Grant Program

(a)

In general

The Secretary shall establish a child welfare innovation grant program (referred to in this section as the grant program) that provides eligible entities with the necessary flexibility and financial incentives to implement comprehensive reforms to existing child welfare programs under parts B and E of title IV of the Social Security Act (42 U.S.C. 621 et seq., 42 U.S.C. 670 et seq.) in order to— (1)achieve significant results that improve the well-being of all children in the child welfare system; and (2)incorporate higher standards of accountability for State and local agencies and organizations that provide child welfare services. (b)

Eligible entities

For purposes of this section, an eligible entity shall include any State or political subdivision of a State that submits an application pursuant to the requirements described in subsection (e). (c)

Duration

(1)

In general

For purposes of carrying out the goals described in subsection (a), the Secretary shall award grants, as well as additional financial assistance (as determined under subsection (d)), to eligible entities that have submitted an application that has been approved by the Secretary. The amount of the grant provided to the eligible entity shall be determined by the Secretary and, subject to paragraph (2), remain available for use by the eligible entity for a period of 5 years. (2)

Implementation requirement

The Secretary may terminate a grant awarded to an eligible entity under paragraph (1) if, during the 3-year period following the awarding of the grant, the eligible entity has not made appropriate progress in implementing the intervention services and reforms proposed by the entity under subsection (e)(1), as determined by the Secretary pursuant to the applicable implementation standards described under subsection (f)(1). (3)

Renewal of grants

(A)

In general

Subject to subparagraph (B), if an eligible entity has made significant progress in achieving the child well-being results proposed by the entity under subsection (e)(1), as determined by the Secretary pursuant to the applicable implementation standards and performance measures described under subsection (f), the Secretary may award an additional grant to the eligible entity for a period of not greater than 5 years. (B)

Re-application by eligible entity

For purposes of receiving an additional grant under this paragraph, the eligible entity shall, not less than 6 months prior to expiration of the initial grant described in paragraph (1), submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (4)

Minimum funding requirement

(A)

In general

For purposes of receiving a grant under this section, the eligible entity shall be required to annually expend non-Federal funds for purposes of achieving the child well-being results proposed by the entity under subsection (e)(1) in an amount that is not less than— (i)for the first year in which such a grant is awarded, 25 percent of the amount of the grant; (ii)for the second year in which such a grant is awarded, 35 percent of the amount of the grant; and (iii)for the third year and any subsequent year in which such a grant is awarded (including any year for which an additional grant has been awarded under paragraph (3)), 50 percent of the amount of the grant. (B)

Non-Federal share

For purposes of subparagraph (A), the eligible entity may provide the non-Federal share in cash or in-kind, as fairly evaluated by the Secretary. The eligible entity may provide the non-Federal share from State, local, or private sources. (d)

Additional financial assistance

The Secretary shall establish an inter-agency working group that includes representatives from the Department of Education, the Department of Labor, the Department of Justice, the Department of Housing and Urban Development, and other Federal agencies with responsibility for administering programs that affect the child welfare system, for the purpose of identifying existing Federal financial resources that may be used to provide supplemental funding to eligible entities that have been awarded grants under this section, including— (1)establishment of flexibility within existing Federal financial resources; (2)dedicating a share of funds from existing Federal programs, or creating a preference within such programs; (3)use of existing administrative authority to waive certain State or Federal funding requirements, including waiver authority provided under subsection (i); (4)commitment of appropriated discretionary funds; (5)creation of an aggregated source of funding through bundling of existing Federal programs; and (6)establishment of partnerships with private entities, including private foundations involved in child welfare issues. (e)

Application

An eligible entity that desires to participate in the grant program shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, which shall include a detailed description of the following: (1)

Improved child well-being results

The proposed reforms and methods for achieving significant results that improve the well-being of all children in the child welfare system, including a detailed outline of— (A)the specific populations or groups of children and families that will be targeted under the grant program; (B)the specific child well-being results that will be achieved during the periods described in subsection (c); (C)the specific methods through which the child well-being results will be achieved under the grant program, including proposals for intervention services and strategic reforms to child welfare policy and infrastructure; and (D)the evidentiary basis or best practice models on which such intervention services and reforms are to be based. (2)

Partnerships

The partnerships to be established between participating State and local agencies and organizations under the grant program, including— (A)a detailed outline regarding how the partnership will establish a coordinated process for delivery of services, sharing of information and data, and division of specific responsibilities pursuant to interagency agreements; (B)the establishment of a memorandum of understanding between participating State and local agencies and organizations under the grant program to— (i)provide for shared accountability in achieving child well-being results proposed under paragraph (1) and their specific responsibilities in achieving such results; and (ii)satisfy the implementation standards established by the Secretary under subsection (f)(1); and (C)certification by the chief executive officer of the eligible entity of their commitment to— (i)achieve the child well-being results proposed under paragraph (1) and their responsibility for achieving such results; and (ii)satisfy the implementation standards established by the Secretary under subsection (f)(1). (3)

Collaboration with children and parents

The processes to ensure collaboration between the eligible entity, foster parents, biological parents, family members, kinship caregivers, and children in the child welfare system in the development and implementation of intervention services and reforms under the grant program. (4)

Data collection and reporting

The approaches for development of enhanced data collection and reporting, which shall include— (A)collection and reporting of relevant data (as determined appropriate by the Secretary), with such data to be disaggregated by race, ethnicity, and gender in order to monitor progress in achieving child well-being results in providing services to specific populations of children in the child welfare system; (B)development and implementation of a specific data collection plan, which shall include a description of the types of data that will be collected by the eligible entity (including data required by the Secretary under subparagraph (A) that is not currently collected by the entity) and the methods through which such data will be obtained, such as surveys, assessments, and other forms of data collection; (C)a detailed outline regarding how data collected by the eligible entity will be incorporated in the development of intervention services and reforms under the grant program; and (D)certification by the manager or chief officer for information technology for the eligible entity of their commitment and ability to collect and report relevant data under the grant program. (5)

Support from private entities

Any commitments by private entities to provide additional funding for support of activities under the grant program to improve the well-being of children in the child welfare system. (f)

Implementation standards and performance measures

(1)

Implementation standards

The Secretary shall establish a set of implementation standards to annually determine, for purposes of subsection (c), whether an eligible entity has implemented, or made appropriate progress in implementing, the intervention services and reforms proposed by the entity under subsection (e)(1), including development, implementation, and maintenance of data collection systems. (2)

Performance measures

(A)

In general

The Secretary shall establish a set of performance measures to annually determine, for purposes of subsection (c), whether an eligible entity has achieved, or made significant progress in achieving, the child well-being results proposed by the entity under subsection (e)(1), which shall include measurements to quantify— (i)improvements in the well-being of children in the child welfare system, including— (I)the base performance measures described in subparagraph (B); and (II)any additional performance measures described in subparagraph (C) that are applicable to the child well-being results proposed by the entity; and (ii)improvements in the overall quality of life for foster parents. (B)

Base performance measures

The performance measures described under this paragraph include the number and percentage of children in the child welfare system who— (i)were under 5 years of age and at appropriate levels of mental, emotional, and physical development; (ii)if deemed to be in the child's best interest, remained in his or her school of origin; and (iii)received health screenings not later than 30 days after foster care placement. (C)

Additional performance measures

Subject to subparagraph (D), the Secretary shall establish additional performance measures that are specifically designed to measure progress in achieving the child well-being results proposed by the eligible entity under subsection (e)(1), which may include— (i)the number and percentage of children in the child welfare system who— (I)were under 5 years of age and attended preschool or early care and education programs regularly; (II)were involved in an abuse or neglect investigation; (III)achieved grade-level proficiency in reading and math; (IV)attended school regularly; (V)were involved in the juvenile justice system; (VI)were prescribed psychotropic medication; (VII)graduated from high school on time; (VIII)entered post-secondary education or training; (IX)regularly received routine medical care and examinations; (X)were reunified with family; (XI)re-entered the child welfare system following family reunification; or (XII)had attained 14 years of age before entering the child welfare system; (ii)measures to ensure proper functioning of the child welfare system, such as— (I)reasonableness of caseload levels for caseworkers; and (II)adequacy and frequency of visits with children by caseworkers; and (iii)subject to approval by the Secretary, any performance measures that are proposed by the entity for determination of its progress towards achievement of the child well-being results. (D)

Consultation with eligible entity

The Secretary shall consult with the eligible entity for purposes of establishing additional performance measures under subparagraph (C) that are appropriate for determination of progress in achieving the child well-being results proposed by the entity under subsection (e)(1). (g)

Use of grants by eligible entities

An eligible entity that receives a grant under this section shall use the funds made available through the grant to develop, implement, and evaluate the intervention services and reforms proposed by the entity under subsection (e)(1), including development, implementation, and maintenance of data collection systems. (h)

Annual reporting

(1)

In general

An eligible entity that receives a grant under this section shall submit an annual report to the Secretary on— (A)the specific intervention services and reforms implemented under the grant program; (B)progress in achieving the child well-being results proposed by the entity under subsection (e)(1), including an analysis of the effectiveness of the grant funding in achieving the results; and (C)an analysis of the progress made by the eligible entity over the preceding 12-month period pursuant to the performance measures established by the Secretary under subsection (f). (2)

Public availability of reports and data

An eligible entity shall make available to the public, in a manner that is also accessible to children in the child welfare system, biological families, and foster parents— (A)any report submitted to the Secretary under paragraph (1); and (B)a summary of the data collected pursuant to subsection (e)(4)(A). (i)

Waiver authority

The Secretary may waive such requirements under parts B and E of title IV of the Social Security Act (42 U.S.C. 621 et seq., 42 U.S.C. 670 et seq.) as may be necessary to carry out the grant program. (j)

Authorization of appropriations

For purposes of carrying out the grant program under this section, there is authorized to be appropriated— (1)for fiscal year 2013, $40,000,000; (2)for fiscal year 2014, $30,000,000; (3)for fiscal year 2015, $20,000,000; and (4)for each of fiscal years 2016 through 2022, $10,000,000. (k)

Definitions

In this section: (1)

Child well-being result

The term child well-being result means a desired condition of well-being for all children in the child welfare system, including the specific populations or groups of children that will be targeted under the grant program. (2)

School of origin

The term school of origin means, with respect to a child in foster care— (A)the school in which the child was enrolled prior to entry into foster care; or (B)the school in which the child is enrolled when a change in foster care placement occurs or is proposed. (3)

Secretary

The term Secretary means the Secretary of Health and Human Services. (4)

State

The term State means— (A)any of the 50 States or the District of Columbia; (B)Puerto Rico, Guam, the Virgin Islands, or American Samoa; or (C)an Indian tribe, tribal organization, or tribal consortium. (5)

Well-being

The term well-being means the overall quality of life for a child in the child welfare system, which shall include— (A)the safety and health of the child; (B)the mental, emotional, educational, and physical development of the child, including the ability of the child to maximize their individual potential; and (C)permanency and ability to transition to self-sufficiency after aging out of the child welfare system.

3.

Reports to Congress

(a)

Income Eligibility Requirements for Children in Foster Care

Not later than 90 days after the date of enactment of this Act, the Secretary of Health and Human Services (referred to in this section as the Secretary) shall submit to Congress a report on recommendations for legislative or administrative action necessary to eliminate the requirement that a child be deemed to be a recipient of aid to families with dependent children under part A of title IV of the Social Security Act (as in effect as of July 16, 1996) (referred to in this section as the AFDC income eligibility requirements) for purposes of foster care maintenance payments under section 472 of such Act (42 U.S.C. 672), including an analysis of— (1)the effects of phasing out the AFDC income eligibility requirements for adoption assistance payments under section 473 of the Social Security Act (42 U.S.C. 673), as enacted by section 402 of the Fostering Connections to Success and Increasing Adoptions Act of 2008 (Public Law 110–351; 122 Stat. 3975); (2)State administrative expenses related to the existing disparity in Federal reimbursement rates for foster care maintenance payments; (3)the level of services provided by States to children in foster care that meet AFDC income eligibility requirements under section 472 of the Social Security Act, and thereby provide States with Federal reimbursement for foster care maintenance payments under section 474 of such Act, as compared to children in foster care that do not meet the AFDC income eligibility requirements; (4)the long-term effects related to maintaining the AFDC income eligibility requirements under section 472 of the Social Security Act for purposes of the amount of overall Federal funding that will be made available to States for foster care services and the resulting impact on the ability of States to provide adequate services to children in foster care; and (5)the feasability of eliminating the AFDC income eligibility requirements for purposes of foster care maintenance payments under section 472 of the Social Security Act in a manner that is budget neutral, or at a limited cost to the Federal Government, and the effect that such an elimination would have on the ability of States to provide adequate levels of services to all children in foster care. (b)

Child Welfare Innovation Grant Program

Not later than 180 days after completion of the child welfare innovation grant program under section 2 of this Act, the Secretary shall submit to Congress a report analyzing the intervention services and reforms implemented by eligible entities under the grant program, the child well-being results achieved through such services and reforms, and recommendations for such legislation and administrative action as the Secretary determines appropriate.