[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5473 Introduced in House (IH)]

<DOC>






114th CONGRESS
  2d Session
                                H. R. 5473

  To amend part B of title IV of the Social Security Act to create a 
  grant program to promote Federal, State, and local coordination to 
address substance use needs of families in the child welfare system, in 
           order to improve child well-being and permanency.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 14, 2016

Mr. Danny K. Davis of Illinois (for himself and Mr. Rangel) introduced 
  the following bill; which was referred to the Committee on Ways and 
                                 Means

_______________________________________________________________________

                                 A BILL


 
  To amend part B of title IV of the Social Security Act to create a 
  grant program to promote Federal, State, and local coordination to 
address substance use needs of families in the child welfare system, in 
           order to improve child well-being and permanency.

    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 ``Partnership Grants to Strengthen 
Families Affected by Parental Substance Abuse Act of 2016''.

SEC. 2. REGIONAL AND STATE PARTNERSHIP GRANTS.

    (a) Eligible Partnership Defined; Other Definitions.--Section 
437(f)(2) of the Social Security Act (42 U.S.C. 629g(f)(2)) is amended 
to read as follows:
            ``(2) Definitions.--In this subsection:
                    ``(A) Eligible partnership.--
                            ``(i) In general.--The term `eligible 
                        partnership' means a collaborative agreement 
                        (which may be established on an interstate or 
                        intrastate basis) entered into by, at a 
                        minimum, each of the following:
                                    ``(I) The State child welfare 
                                agency that is responsible for the 
                                administration of the State plan under 
                                this part and part E.
                                    ``(II) The State agency responsible 
                                for administering the substance abuse 
                                prevention and treatment block grant 
                                provided under subpart II of part B of 
                                title XIX of the Public Health Service 
                                Act.
                                    ``(III) The Juvenile Court or 
                                Administrative Office of the Court that 
                                is most appropriate to oversee the 
                                administration of court programs in the 
                                region to address the population of 
                                families who come to the attention of 
                                the court due to child abuse or 
                                neglect.
                            ``(ii) Additional partners.--In addition to 
                        the required members of an eligible partnership 
                        described under clause (i), such partnership 
                        may also include any of the following:
                                    ``(I) The State agency responsible 
                                for administering the State plan under 
                                title XIX.
                                    ``(II) The State agency responsible 
                                for administering the Maternal and 
                                Child Health Block Grant under title V 
                                of this Act.
                                    ``(III) The unit of State 
                                government responsible for 
                                administering the Community Mental 
                                Health Services Block Grant provided 
                                under subpart I of part B of title XIX 
                                of the Public Health Service Act.
                                    ``(IV) Any other State agency 
                                responsible for administering programs 
                                that promote child and family well-
                                being, including programs that serve 
                                victims of domestic violence, early 
                                childhood education programs, 
                                elementary school and secondary school 
                                programs (as such terms are defined in 
                                section 8101 of the Elementary and 
                                Secondary Education Act of 1965 (20 
                                U.S.C. 7801)), programs under the 
                                Individuals with Disabilities Education 
                                Act (20 U.S.C. 1400 et seq.), hospital 
                                programs, early childhood home 
                                visitation programs using funds 
                                received under section 511(c) of this 
                                Act, and the program for block grants 
                                to States for temporary assistance for 
                                needy families under title IV of this 
                                Act.
                                    ``(V) An Indian tribe or tribal 
                                consortium.
                                    ``(VI) Community child welfare 
                                service providers.
                                    ``(VII) Community health service 
                                providers.
                                    ``(VIII) Community mental health 
                                service providers.
                                    ``(IX) Community domestic violence 
                                service providers.
                                    ``(X) Community housing authorities 
                                or providers.
                                    ``(XI) Local law enforcement 
                                agencies.
                                    ``(XII) Tribal child welfare 
                                agencies (or a consortia of such 
                                agencies).
                                    ``(XIII) Any other providers, 
                                agencies, personnel, officials, or 
                                entities that are related to the 
                                provision of child and family services 
                                under this subpart.
                            ``(iii) Partnerships entered into by indian 
                        tribes or tribal consortia.--Notwithstanding 
                        clause (i), if an Indian tribe or tribal 
                        consortium enters into a partnership for 
                        purposes of this subsection, such partnership 
                        shall be considered an eligible partnership 
                        regardless of whether such partnership includes 
                        any of the entities described in subclause (I), 
                        (II), or (III) of clause (i), except that no 
                        such partnership shall consist solely of tribal 
                        child welfare agencies (or a consortium of such 
                        agencies).
                    ``(B) State.--Notwithstanding section 431(a)(4), 
                the term `State' means the 50 States, the District of 
                Columbia, and each of the territories.
                    ``(C) Territory.--The term `territory' means Puerto 
                Rico, American Samoa, Guam, the Northern Mariana 
                Islands, and the U.S. Virgin Islands.
                    ``(D) Indian tribe; tribal organization.--The terms 
                `Indian tribe' and `tribal organization' have the 
                meanings given such terms in section 431(a).''.
    (b) Authority To Award Grants.--Section 437(f)(3) of such Act (42 
U.S.C. 629g(f)(3)) is amended--
            (1) by striking subparagraph (A) and inserting the 
        following:
                    ``(A) In general.--In addition to amounts 
                authorized to be appropriated to carry out this 
                section, the Secretary shall award, from the amounts 
                reserved for each of fiscal years 2017 through 2021 
                under section 436(b)(5)--
                            ``(i) regional partnership grants to 
                        eligible partnerships that satisfy the 
                        requirements of this subsection; and
                            ``(ii) State partnership grants to eligible 
                        partnerships that satisfy the requirements of 
                        this subsection and demonstrate an ability to 
                        operate statewide, including jurisdictions that 
                        are urban, suburban, or rural.'';
            (2) by redesignating subparagraphs (B) and (C) as 
        subparagraphs (E) and (F), respectively;
            (3) by inserting after subparagraph (A) the following:
                    ``(B) Regional partnership grants.--The Secretary 
                shall provide to each eligible partnership awarded a 
                regional partnership grant under this subsection--
                            ``(i) not less than $250,000 per grant for 
                        each fiscal year during a planning phase not to 
                        exceed 1 year; and
                            ``(ii) not less than $500,000 per grant for 
                        each fiscal year during the grant's 
                        implementation phase.
                    ``(C) State partnership grants.--The Secretary 
                shall provide to each eligible partnership awarded a 
                State partnership grant under this subsection--
                            ``(i) not less than $250,000 per grant for 
                        each fiscal year during a planning phase not to 
                        exceed 2 years; and
                            ``(ii) not less than $750,000 per grant for 
                        each fiscal year during the grant's 
                        implementation phase.
                    ``(D) Limitation on payment for a fiscal year.--No 
                payment shall be made under subparagraph (B) or (C) for 
                a fiscal year until the Secretary determines that the 
                eligible partnership has made sufficient progress in 
                meeting the goals of the grant and that the members of 
                the eligible partnership are coordinating to a 
                reasonable degree with the other members of the 
                eligible partnership.''; and
            (4) in subparagraph (F), as so redesignated by paragraph 
        (2) of this subsection, by inserting ``of a regional 
        partnership grant'' after ``grantee''.
    (c) Application Requirements.--Section 437(f)(4) of such Act (42 
U.S.C. 629g(f)(4)) is amended to read as follows:
            ``(4) Application requirements.--To be eligible for a 
        regional partnership grant or a State partnership grant under 
        this subsection, an eligible partnership shall submit to the 
        Secretary a written application containing the following:
                    ``(A) With respect to the planning phase of the 
                grant, each of the following:
                            ``(i) A description of the nature and 
                        extent of the problem of substance use 
                        disorders among families who come to the 
                        attention of the State child welfare agency, 
                        including any recent evidence demonstrating 
                        that substance abuse has had a substantial 
                        impact on the number of out-of-home placements 
                        for children, or the number of children who are 
                        at risk of being placed in an out-of-home 
                        placement, in the partnership region or State.
                            ``(ii) A description of any joint 
                        activities being undertaken among the entities 
                        described in subclause (I), (II), or (III) of 
                        paragraph (2)(A)(i) and other State agencies or 
                        regional partners on behalf of families with 
                        substance use disorder problems who come to the 
                        attention of the State child welfare agency, 
                        including any data on the effects of the joint 
                        activities, such as activities relating to--
                                    ``(I) establishing standardized 
                                screening protocols, or other methods 
                                to identify families in need of 
                                substance abuse prevention and 
                                treatment services;
                                    ``(II) ensuring early access to 
                                assessment and treatment services such 
                                as securing expert consultation on 
                                cases involving substance use 
                                disorders, conducting outreach and 
                                methods to engage and retain parents in 
                                treatment, and providing priority 
                                access to assessment and treatment of 
                                families in the child welfare system;
                                    ``(III) increasing management and 
                                treatment of recovery services and 
                                monitoring compliance such as co-
                                location of services, specialized 
                                recovery case management services, and 
                                ensuring comprehensive treatment 
                                programs tailored to individual parent 
                                and child needs;
                                    ``(IV) ensuring access to family-
                                centered services, including effective 
                                parenting programs focused on enhancing 
                                the parent and child relationship and 
                                the prevention needs of children;
                                    ``(V) ensuring appropriate judicial 
                                oversight including providing more 
                                frequent judicial or administrative 
                                reviews of treatment access and 
                                compliance with case plans regarding 
                                participation in substance use disorder 
                                treatment;
                                    ``(VI) having a system for 
                                appropriate response to behavior of 
                                participants, such as evidence-based 
                                contingency management approaches using 
                                appropriate incentives and sanctions; 
                                and
                                    ``(VII) improving collaboration 
                                between courts and child welfare and 
                                substance abuse treatment agencies 
                                providing services to families with 
                                substance abuse issues, including--
                                            ``(aa) cross training of 
                                        staff;
                                            ``(bb) data collection and 
                                        information sharing that is 
                                        capable of monitoring outcomes 
                                        of children and families 
                                        receiving services from the 
                                        agencies;
                                            ``(cc) arrangements for 
                                        addressing confidentiality and 
                                        sharing of information;
                                            ``(dd) identification by 
                                        the State agencies or Indian 
                                        tribal agencies, as the case 
                                        may be, of funding barriers and 
                                        how Federal, State, and local 
                                        resources are being used to 
                                        sustain programs of the 
                                        agencies; and
                                            ``(ee) consultation to 
                                        ensure that programmatic 
                                        approaches reflect the advice 
                                        of community members and 
                                        persons in recovery.
                            ``(iii) With respect to infants with 
                        prenatal substance exposure, a description of 
                        any special efforts to identify and assess the 
                        extent of the problem and any joint activities 
                        between 2 or more members of the eligible 
                        partnership that focus specifically on the 
                        needs of the infants, such as efforts to 
                        monitor and reduce infant fatalities among 
                        families affected by parental substance use 
                        disorders.
                            ``(iv) A description of the goals and 
                        outcomes to be achieved during the funding 
                        period for the grant that will--
                                    ``(I) enhance the well-being of 
                                children, parents, and families 
                                receiving services or taking part in 
                                activities conducted with funds 
                                provided under the grant;
                                    ``(II) lead to safety, permanent 
                                caregiving relationships for such 
                                children, and the well-being of the 
                                children and their families;
                                    ``(III) improve the substance abuse 
                                treatment outcomes for parents 
                                including retention in treatment and 
                                successful completion of treatment; and
                                    ``(IV) decrease the number of out-
                                of-home placements for children, or the 
                                number of children who are at risk of 
                                being placed in an out-of-home 
                                placement, in the partnership region or 
                                State.
                            ``(v) A description of a plan for 
                        sustaining the services provided by or 
                        activities funded under the grant after the 
                        conclusion of the grant period, including 
                        through the use of other funds provided to the 
                        State for child welfare and substance abuse 
                        prevention and treatment services.
                            ``(vi) Assurances that--
                                    ``(I) substance use disorder 
                                treatment services provided using funds 
                                provided during the implementation 
                                phase of a grant made under this 
                                subsection shall be licensed, 
                                certified, or otherwise approved by the 
                                appropriate State substance use 
                                disorder prevention and treatment 
                                agencies, the State agency responsible 
                                for administering the State plan 
                                approved under title XIX, or other 
                                designated licensing agency;
                                    ``(II) the activities funded during 
                                the implementation phase of a grant 
                                made under this subsection will be 
                                coordinated, to the extent feasible and 
                                appropriate, with the services or 
                                benefits provided under other Federal 
                                or federally assisted programs that 
                                serve families with substance use 
                                disorders who come to the attention of 
                                the State child welfare agency, 
                                including health, Medicaid, mental 
                                health, domestic violence, housing, and 
                                employment programs, the State program 
                                funded under part A, other child 
                                welfare and substance use disorder 
                                prevention and treatment programs, and 
                                the courts;
                                    ``(III) not more than 10 percent of 
                                funds provided under the grant for any 
                                fiscal year shall be used for 
                                administrative costs;
                                    ``(IV) Federal funds provided to 
                                the State during the implementation 
                                phase of a grant made under this 
                                subsection will not be used to supplant 
                                Federal or non-Federal funds for 
                                services and activities that, as of 
                                September 30, 2015, are provided to 
                                assist families with substance use 
                                disorder services who come to the 
                                attention of the State child welfare 
                                agency; and
                                    ``(V) in the case of a State 
                                partnership grant, the Governor of the 
                                State endorses the plan.
                            ``(vii) Such other information as the 
                        Secretary may require.
                    ``(B) With respect to the implementation phase of 
                the grant, each of the following:
                            ``(i) A description of how the State or 
                        regional partnership will use any funds 
                        provided during the implementation phase of a 
                        grant to address comprehensively and in a 
                        timely manner the needs of families with 
                        substance use disorders to improve child 
                        safety, family stability, parent-child 
                        relationships, permanence in children's living 
                        arrangements, and family well-being, 
                        including--
                                    ``(I) by improving services and 
                                procedures in the areas detailed in 
                                subparagraph (A)(ii);
                                    ``(II) by improving services with 
                                respect to infants with prenatal 
                                substance exposure as described in 
                                subparagraph (A)(iii);
                                    ``(III) by satisfying the goals and 
                                outcomes described in subparagraph 
                                (A)(iv);
                                    ``(IV) by providing sustainability 
                                of services and activities after the 
                                conclusion of the grant period as 
                                described in subparagraph (A)(v);
                                    ``(V) by affirming each of the 
                                assurances described in subparagraph 
                                (A)(vi);
                                    ``(VI) in the case of a State 
                                partnership grant, expanding the number 
                                of jurisdictions in the State 
                                (including urban, suburban, and rural 
                                jurisdictions) where the activities 
                                under the plan will be implemented, the 
                                plans for expanding the activities to 
                                other parts of the State during the 
                                implementation phase of the grant, and 
                                the methods to measure programs toward 
                                these goals; and
                                    ``(VII) measuring the performance 
                                of the State agencies in implementing 
                                the plan in accordance with performance 
                                and evaluation requirements established 
                                by the Secretary in paragraph (8) and 
                                section 435, and assessing remaining 
                                barriers to meeting the needs of 
                                families with substance use disorders 
                                who come to the attention of the State 
                                child welfare agency.
                            ``(ii) Such other information as the 
                        Secretary may require.''.
    (d) Use of Funds.--Section 437(f)(5) of such Act (42 U.S.C. 
629g(f)(5)) is amended--
            (1) in the matter preceding subparagraph (A), by inserting 
        ``and in accordance with the approved application for the 
        grant'' after ``the purpose of this subsection'';
            (2) by redesignating subparagraphs (B) through (E) as 
        subparagraphs (C) through (F), respectively, and by 
        redesignating subparagraph (F) as subparagraph (H);
            (3) by inserting after subparagraph (A) the following:
                    ``(B) Medication-assisted treatment.''; and
            (4) by inserting after subparagraph (F), as so redesignated 
        by paragraph (2) of this subsection, the following:
                    ``(G) Domestic violence advocacy and services.''.
    (e) Matching Requirement.--Section 437(f)(6) of such Act (42 U.S.C. 
629g(f)(6)) is amended by adding at the end the following:
                    ``(C) Indian tribes.--In the case of a grant 
                awarded to a partnership that includes an Indian tribe, 
                tribal consortium, or a tribal child welfare agency or 
                a consortium of such agencies, the payment required by 
                subparagraph (A) may be made directly, through donated 
                funds, through nonpublic third-party in-kind 
                contributions, or from Federal funds received under any 
                of the following provisions of law:
                            ``(i) The Indian Child Welfare Act of 1978 
                        (25 U.S.C. 1901 et seq.).
                            ``(ii) The Indian Self-Determination and 
                        Education Assistance Act (25 U.S.C. 450b et 
                        seq.).
                            ``(iii) Title I of the Housing and 
                        Community Development Act of 1974 (42 U.S.C. 
                        5301 et seq.).''.
    (f) Waiver of Certain Requirements.--Section 437(f)(7) of such Act 
(42 U.S.C. 629g(f)(7)) is amended to read as follows:
            ``(7) Waiver of certain requirements.--To the extent the 
        Secretary determines that any requirement under this paragraph 
        would be inappropriate to apply to an eligible partnership that 
        includes a territory, an Indian tribe, tribal consortium, or a 
        tribal child welfare agency or a consortium of such agencies, 
        the Secretary may exempt the eligible partnership from the 
        requirement.''.
    (g) Evaluation.--Section 437(f)(8) of such Act (42 U.S.C. 
629g(f)(8)) is amended by adding at the end the following:
                    ``(C) Review of performance indicators.--
                            ``(i) In general.--Not later than 9 months 
                        after the date of enactment of this 
                        subparagraph, the Secretary shall review the 
                        performance indicators established under 
                        subparagraph (A) and knowledge gained from 
                        other grant programs to establish a set of core 
                        indicators.
                            ``(ii) Core indicators.--The set of core 
                        indicators established under clause (i) shall 
                        include the following:
                                    ``(I) Safety, including whether 
                                children remain at home and any 
                                occurrence of child maltreatment.
                                    ``(II) Permanency, including the 
                                average length of stay in foster care, 
                                re-entries to foster care placement, 
                                timeliness of reunification, and 
                                timeliness of permanency.
                                    ``(III) Recovery, including access 
                                to treatment, retention in substance 
                                abuse treatment, substance use.
                                    ``(IV) Child, adult, and family 
                                well-being, including parenting 
                                capacity, family relationships and 
                                functioning.
                            ``(iii) Consultation required.--In 
                        establishing the set of core indicators 
                        required by clause (i), the Secretary shall 
                        consult with the following:
                                    ``(I) The Assistant Secretary for 
                                the Administration for Children and 
                                Families.
                                    ``(II) The Administrator of the 
                                Substance Abuse and Mental Health 
                                Services Administration.
                    ``(D) Evaluations.--In assessing the performance of 
                grant recipients as described in subparagraph (A), the 
                Secretary shall--
                            ``(i) use each of the core indicators 
                        established under subparagraph (C) and any 
                        other performance indicators the Secretary 
                        considers appropriate;
                            ``(ii) whenever possible, use existing data 
                        systems and appropriate comparison groups to 
                        monitor outcomes; and
                            ``(iii) assist grantees in establishing and 
                        analyzing performance indicators to ensure 
                        local capacity to examine outcomes.''.
    (h) Technical Assistance.--Section 435(c)(2) of such Act (42 U.S.C. 
629e(c)(2)) is amended by inserting after ``section 437(f)'' the 
following: ``, including by conducting an annual technical assistance 
and training meeting and an annual grantee meeting so that grantees can 
learn from the experiences of other grantees''.
    (i) Funding.--
            (1) In general.--Section 436(a) of such Act (42 U.S.C. 
        629f(a)) is amended by striking ``2012 through 2016'' and 
        inserting ``2017 through 2021''.
            (2) Reservation for partnership grants.--Section 436(b)(5) 
        of such Act (42 U.S.C. 629f(b)(5)) is amended by striking 
        ``$20,000,000 for each of fiscal years 2012 through 2016'' and 
        inserting ``$60,000,000 for each of fiscal years 2017 through 
        2021--
                    ``(A) of which $30,000,000 shall be used for 
                regional partnership grants under such section; and
                    ``(B) of which $30,000,000 shall be used for State 
                partnership grants under such section.''.
            (3) Technical assistance.--Section 435(c)(2) of such Act 
        (42 U.S.C. 629e(c)(2)), as amended by subsection (h) of this 
        section, is further amended by striking ``$1,000,000'' and 
        inserting ``$3,000,000''.
            (4) Conforming amendment.--Section 437(f)(10) of such Act 
        (42 U.S.C. 629g(f)(10)) is amended by striking ``each of fiscal 
        years 2012 through 2016'' and inserting ``each fiscal year''.
    (j) Conforming Amendments.--Section 437(f) of such Act (42 U.S.C. 
629g(f)) is amended--
    (1) in the section heading--
            (A) by striking ``to increase'' and inserting ``to support 
        partnerships that increase''; and
            (B) by striking ``to'' before ``improve''; and
    (2) in paragraph (1), by striking ``regional'' before 
``partnerships''.
    (k) Effective Date.--The amendments made by this section shall 
apply with respect to partnership grants awarded after the date of the 
enactment of this Act.

SEC. 3. REPORT TO CONGRESS.

    The Secretary of Health and Human Services shall prepare and submit 
to the Congress a report that--
            (1) addresses progress on the national goals relating to 
        substance abuse and child protection that were established in 
        the report, entitled ``Blending Perspectives and Building 
        Common Ground. A Report to Congress on Substance Abuse and 
        Child Protection'', published by the Department of Health and 
        Human Services in 1999;
            (2) addresses the financing mechanisms available to States; 
        and
            (3) has input from the Administrative Office of the United 
        States Courts, each agency with principal responsibility for 
        carrying out activities funded through the block grants for 
        prevention and treatment of substance abuse under subpart II of 
        part B of title XIX of the Public Health Service Act, and State 
        child welfare agency directors on how to better meet the needs 
        of families affected by substance abuse disorders.

SEC. 4. REQUIREMENT THAT STATES COORDINATE SUBSTANCE ABUSE PREVENTION 
              AND TREATMENT SERVICES AND CHILD WELFARE SERVICES.

    (a) State Plan Requirement.--Section 432(a) of the Social Security 
Act (42 U.S.C. 629b(a)) is amended--
            (1) by striking ``and'' at the end of paragraph (9);
            (2) by striking the period at the end of paragraph (10) and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(11) provides that the child welfare agencies of the 
        State shall have in effect a protocol for coordinating 
        substance abuse prevention and treatment services with child 
        welfare services, which shall, at a minimum, provide for--
                    ``(A) meeting the need for timely access to 
                services;
                    ``(B) reporting on the effects of parental 
                substance use disorders on the child welfare agencies; 
                and
                    ``(C) how the child welfare agencies will address 
                parental substance abuse treatment needs.''.
    (b) Effective Date.--
            (1) In general.--The amendments made by this section shall 
        take effect on the 1st day of the 1st calendar quarter that 
        begins 1 year or more after the date of the enactment of this 
        Act, and shall apply to payments under part B of title IV of 
        the Social Security Act for calendar quarters beginning on or 
        after such date.
            (2) 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 part B 
        of title IV of the Social Security Act to meet the additional 
        requirements imposed by the amendments made by this section, 
        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. For purposes of the preceding sentence, 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.
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