[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 1964 Introduced in Senate (IS)]

<DOC>






115th CONGRESS
  1st Session
                                S. 1964

 To encourage kinship guardianship placements and support payment rate 
equity for such placements, to improve oversight of State child welfare 
 programs funded under the Social Security Act, to strengthen national 
  data on child fatalities from maltreatment, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 16, 2017

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

_______________________________________________________________________

                                 A BILL


 
 To encourage kinship guardianship placements and support payment rate 
equity for such placements, to improve oversight of State child welfare 
 programs funded under the Social Security Act, to strengthen national 
  data on child fatalities from maltreatment, 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 Welfare Oversight and 
Accountability Act of 2017''.

SEC. 2. DE-LINKAGE OF ELIGIBILITY FOR KINSHIP GUARDIANSHIP ASSISTANCE 
              FROM AFDC INCOME LIMITATIONS AND DECREASE IN MINIMUM 
              NUMBER OF MONTHS REQUIRED TO BE RESIDING IN A RELATIVE 
              HOME BEFORE BEING ELIGIBLE FOR ASSISTANCE.

    (a) Child's Eligibility for a Kinship Guardianship Assistance 
Payment.--Section 473(d)(3)(A)(i)(II) of the Social Security Act (42 
U.S.C. 673(d)(3)(A)(i)(II)) is amended by striking ``eligible for 
foster care maintenance payments under section 472 while residing for 
at least 6'' and inserting ``residing for at least 3''.
    (b) Conforming Amendment to Limitation on Amount of Payment.--
Section 473(d)(2) of such Act (42 U.S.C. 673(d)(2)) is amended by 
striking ``foster care maintenance payment'' and all that follows 
through the period and inserting ``highest foster care maintenance 
payment which could have been paid on behalf of the child if the child 
were eligible for foster care maintenance payments under section 
472.''.
    (c) Application of Foster and Adoptive Parent Records Checks 
Requirements.--Section 471(a)(20)(C) of such Act (42 U.S.C. 
671(a)(20)(C)) is amended--
            (1) by striking ``criminal records checks, including 
        fingerprint-based checks of national crime information 
        databases (as defined in section 534(e)(3)(A) of title 28, 
        United States Code),'' and inserting ``checks described in 
        subparagraph (A)''; and
            (2) by inserting ``, including procedures that require that 
        a child shall not be placed in the home of any relative 
        guardian if any such checks reveal information which would 
        prohibit a prospective foster or adoptive parent from being 
        finally approved for placement of a child on whose behalf 
        foster care maintenance payments or adoption assistance 
        payments are to be made under the State plan under this part'' 
        after ``under this part''.

SEC. 3. REINVESTING PENALTIES TO IMPROVE SUCCESSFUL COMPLETION OF 
              REVIEWS OF CHILD AND FAMILY SERVICES PROGRAMS AND OF 
              FOSTER CARE AND ADOPTION ASSISTANCE PROGRAM IMPROVEMENT 
              PLANS.

    Section 1123A(b)(4) of the Social Security Act (42 U.S.C. 1320a-
2a(b)(4)) is amended--
            (1) in subparagraph (A), by striking ``, approved by the 
        Secretary, designed to end the failure to so conform'' and 
        inserting ``designed to end the failure to so conform that is 
        developed with and approved by the Secretary, and which, in 
        addition to specifying all of the ways in which the State 
        program was determined to have failed to conform, identifies 
        priority areas that, if successfully completed under the 
        corrective action plan, will be considered to have brought the 
        State into substantial conformity'';
            (2) in subparagraph (C), by striking ``suspend'' and all 
        that follows through the semicolon and inserting ``, in lieu of 
        withholding of any Federal matching funds under this section 
        while such a corrective action plan is in effect, require that 
        the State spend an amount that is not less than the amount of 
        the Federal matching funds that will be withheld if the State 
        fails to successfully complete the corrective action plan on 
        the priority areas identified in the corrective action plan;''; 
        and
            (3) in subparagraph (D), by striking ``if the failure to so 
        conform is ended by successful completion of'' and inserting 
        ``and spending requirement if the failure to so conform is 
        ended by successful completion of the identified priority areas 
        of''.

SEC. 4. STATE CHILD WELFARE CASELOAD AND WORKLOAD STANDARDS.

    (a) In General.--Section 471(a)(22) of the Social Security Act (42 
U.S.C. 671(a)(22)) is amended--
            (1) by striking ``that, not later than'' and inserting 
        ``that--
                    ``(A) not later than'';
            (2) by adding ``and'' after the semicolon; and
            (3) by adding at the end the following:
                    ``(B)(i) not later than January 1, 2020, the State, 
                in consultation with the Secretary and national 
                organizations with expertise in caseload and workload 
                issues, and based on the most recent research, best 
                practices, and such other data or information relating 
                to caseload and workload issues as the State and 
                Secretary determine appropriate, shall develop and 
                implement caseload and workload standards for case 
                workers for children on whose behalf aid, services, or 
                assistance may be provided under part B or this part 
                that are based on the unique needs and circumstances of 
                the State and that establish minimum standards with 
                respect to--
                            ``(I) the number of active initial 
                        assessments or investigations per month per 
                        caseworker;
                            ``(II) the number of active, ongoing cases 
                        per caseworker and the rate of new families 
                        assigned to a caseworker for every open family 
                        case;
                            ``(III) the number of combined assessment 
                        or investigation and ongoing cases per 
                        caseworker;
                            ``(IV) the number of families per 
                        caseworker being provided intensive family-
                        centered or preservation services;
                            ``(V) the number of cases per caseworker 
                        that involve children with intensive caseworker 
                        or supervision needs; and
                            ``(VI) supervisor to caseworker ratios; and
                    ``(ii) not later than January 1, 2025, and every 5 
                years thereafter, the State shall update the standards 
                developed and implemented under clause (i), in 
                consultation with the Secretary and national 
                organizations with expertise in caseload and workload 
                issues, and based on the most recent research, best 
                practices, and such other data or information relating 
                to caseload and workload issues as the State and 
                Secretary determine appropriate.''.
    (b) Application to Indian Tribes and Tribal Organizations.--Section 
471(a)(22)(B) of the Social Security Act (42 U.S.C. 671(a)(22)(B)), as 
added by subsection (a), shall apply to--
            (1) Indian tribes, tribal organizations, or tribal 
        consortiums that have a plan approved under section 471(a) of 
        the Social Security Act (42 U.S.C. 671(a)) in accordance with 
        section 479B of such Act (42 U.S.C. 679c); and
            (2) Indian tribes, tribal organizations, or tribal 
        consortiums that have a cooperative agreement or contract with 
        a State for the administration or payment of funds under part E 
        of title IV of the Social Security Act (42 U.S.C. 670 et seq.).

SEC. 5. TRAINING CHILD WELFARE WORKERS.

    (a) In General.--Section 474(a)(3)(A) of the Social Security Act 
(42 U.S.C. 674(a)(3)(A)) is amended--
            (1) by striking ``75 per centum of so much of such 
        expenditures as are for the training'' and inserting ``50 
        percent of so much of such expenditures as are for the short- 
        and long-term training''; and
            (2) by inserting ``or of personnel employed or preparing 
        for employment by State-licensed or State-approved child 
        welfare agencies, without regard to whether such personnel 
        provide or will provide services to foster or adoptive children 
        on behalf of whom foster care maintenance payments or adoption 
        assistance payments may be made under this part, in areas 
        directly related to the responsibilities of such personnel, 
        including making a case plan, carrying out case reviews, 
        engaging families, connecting families with appropriate 
        substance abuse treatment, preparing for judicial proceedings, 
        determining eligibility, treating child behaviors or other 
        problems, carrying out or participating with child abuse and 
        neglect investigations and other responses, coordinating and 
        connecting children with health services, helping children 
        access psycho-social services as needed, providing post-
        permanency services, providing child welfare services in a 
        trauma-informed manner, working in multidisciplinary teams, and 
        collaborating with law enforcement,'' after ``subdivision,''.
    (b) Conforming Amendment.--Section 474(a)(3)(B) of such Act (42 
U.S.C. 674(a)(3)(B)) is amended by striking ``, the members of the 
staff of State-licensed or State-approved child care institutions 
providing care, or State-licensed or State-approved child welfare 
agencies providing services,'' and inserting ``or the members of the 
staff of State-licensed or State-approved child care institutions 
providing care''.

SEC. 6. STRENGTHENING NATIONAL DATA ON CHILD FATALITIES FROM 
              MALTREATMENT.

    (a) IV-B Requirement to Annually Review Child Fatalities From 
Maltreatment.--Section 422(b)(19) of the Social Security Act (42 U.S.C. 
622(b)(19)) is amended--
            (1) by striking ``contain a description'' and inserting 
        ``contain--
                    ``(A) a description'';
            (2) by striking the period at the end and inserting a 
        semicolon; and
            (3) by adding at the end the following:
                    ``(B) assurances that the State shall--
                            ``(i) annually engage in a 
                        multidisciplinary review of all child 
                        fatalities from maltreatment in the State that 
                        occurred during the previous year in accordance 
                        with the requirements of section 429A; and''.
    (b) Annual Review Requirements.--Subpart 1 of part B of title IV of 
the Social Security Act (42 U.S.C. 621 et seq.) is amended by adding at 
the end the following:

``SEC. 429A. ANNUAL REVIEW OF CHILD FATALITIES FROM MALTREATMENT.

    ``(a) Requirements.--In order to satisfy the requirements of 
section 422(b)(19)(B)(i), a State shall require the State's 
multidisciplinary child death review team or other multidisciplinary 
team established by the State that is comprised of child welfare 
workers, child protective services workers, prosecutors, law 
enforcement, coroners or medical examiners, public health care 
providers, pediatricians with expertise in child maltreatment and the 
child welfare system, substance abuse treatment providers, and other 
individuals integral to the child welfare system (in this section 
referred to as the `review team') to annually review all child 
fatalities from maltreatment in the State that occurred during the most 
recently ended fiscal year and for which all administrative or judicial 
review is complete or no longer timely. Any child fatality from 
maltreatment in the State that occurred during the most recently ended 
fiscal year but for which administrative or judicial review is not 
complete or remains timely shall be reviewed by the review team in the 
first annual review period that occurs after all administrative or 
judicial review is complete or no longer timely.
    ``(b) Report and Recommendations.--The review team shall--
            ``(1) for each child fatality from maltreatment in the 
        State subject to review, make findings regarding the causes of 
        child's fatality and other factors that impacted the child's 
        fatality, the circumstances of the fatality, the 
        characteristics of the victim, the perpetrators, including 
        their relationship to the child, and the parents or guardians 
        of the child, whether there were previous familial interactions 
        with child protective services and the outcomes of those 
        interactions, whether the child had any siblings and how many, 
        and the social services, public cash or in-kind assistance, 
        health (including mental health) services, substance abuse 
        treatment, or other public or private services provided to or 
        on behalf of the child prior to the child's death;
            ``(2) submit all findings and data made in accordance with 
        paragraph (1) to the Child Death Review Case Reporting System 
        (in this section referred to as the `CDR Reporting System') 
        operated by the National Center for Fatality Review and 
        Prevention;
            ``(3) based on the findings made in accordance with 
        paragraph (1), develop recommendations for preventing future 
        child fatalities from maltreatment; and
            ``(4) submit an annual report to the State Governor, the 
        State Legislature, and, if the incident reporting threshold 
        established under subsection (c) is met, to the Secretary, that 
        contains the findings and data submitted to the CDR Reporting 
        System under subparagraph (2) (de-identified) and the 
        recommendations developed under paragraph (3).
    ``(c) Annual Incident Reporting Threshold.--
            ``(1) State-specific thresholds.--The Secretary annually 
        shall establish a national reporting incident threshold for 
        each State for purposes of protecting the privacy of families 
        and other living individuals whose information is part of the 
        findings and data submitted under subsection (b)(2) and the 
        annual report to the State Governor and State Legislature 
        required under subsection (b)(4). In establishing such 
        threshold for a State, the Secretary shall ensure that the 
        reporting threshold is sufficient to prevent the re-
        identification of living individuals who could be identified in 
        the information contained in the annual report required under 
        subsection (b)(4).
            ``(2) Application.--If the number of child fatalities from 
        maltreatment in a State in a fiscal year is below the reporting 
        threshold established for the State for the fiscal year, the 
        State shall not submit the annual report required under 
        subsection (b)(4) to the Secretary but shall submit to the 
        Secretary--
                    ``(A) the findings and data submitted to the CDR 
                Reporting System under subsection (b)(2) for the 
                purpose of making such findings and data accessible as 
                a public use data set on the national website required 
                under subsection (g) after redacting any personal 
                identifying information; and
                    ``(B) the recommendations developed under 
                subsection (b)(3).
    ``(d) Funding.--Amounts expended by a State during each quarter 
beginning after December 31, 2017, for administrative costs (as defined 
in section 422(c)(1)) to carry out this section and section 
422(b)(19)(B) shall be deemed to be amounts expended during such 
quarter as found necessary by the Secretary for the proper and 
efficient administration of the State plan under part E for purposes of 
Federal matching payments under section 474(a)(3)(E).
    ``(e) Indian Tribes, Tribal Organizations.--The Secretary, in 
consultation with the Assistant Secretary-Indian Affairs of the Bureau 
of Indian Affairs of the Department of Interior and tribal child 
welfare organizations, shall determine how and the extent to which the 
requirements of this section shall apply to Indian tribes and tribal 
organizations (as defined in section 4 of the Indian Self-Determination 
and Education Assistance Act (25 U.S.C. 450b).
    ``(f) Nonapplication.--The limitations on payments for 
administrative costs under sections 424(e) and 472(i) shall not apply 
to State expenditures made to carry out this section.
    ``(g) National Website.--
            ``(1) In general.--The Secretary, in coordination with the 
        National Center for Fatality Review and Prevention, shall 
        publish on a website that is available to the public and 
        maintained and updated at least annually--
                    ``(A) each annual report submitted to the Secretary 
                under subsection (b)(4); and
                    ``(B) the findings and data submitted to the CDR 
                Reporting System under subsection (b)(2) (with any 
                personal identifying information or information that 
                identifies the submitting State redacted) in a manner 
                that is accessible as a public use data set for 
                purposes of research to identify risk factors and to 
                prevent future deaths of children from maltreatment.
            ``(2) Notice to congress.--The Secretary shall notify 
        Congress when information on the website required under 
        paragraph (1) is updated.''.
    (c) Conforming Amendment.--Section 425 of the Social Security Act 
(42 U.S.C. 625) is amended by striking ``426, 427, and 429'' and 
inserting ``422(b)(19)(B), 426, 427, 429, and 429A''.

SEC. 7. DEVELOPMENT OF NATIONAL DEFINITION STANDARDS RELATING TO CHILD 
              FATALITIES FROM MALTREATMENT.

    (a) Promulgation of National Definition Standards.--Not later than 
18 months after the date of enactment of this Act, the Secretary of 
Health and Human Services (in this section referred to as the 
``Secretary'') shall promulgate proposed regulations establishing a set 
of national definition standards relating to child fatalities from 
maltreatment that States shall use to report data to the National Child 
Abuse and Neglect Data System established and maintained in accordance 
with section 103 of the Child Abuse Prevention and Treatment Act (42 
U.S.C. 5104) and, not later than 6 months after the date on which the 
public comment period on the proposed regulations closes, shall issue 
final regulations establishing such standards.
    (b) Requirements.--In promulgating the regulations under subsection 
(a), the Secretary shall consult with representatives of--
            (1) State and county officials responsible for 
        administering the State plans under parts B and E of title IV 
        of the Social Security Act;
            (2) child welfare professionals with field experience;
            (3) child welfare researchers;
            (4) child development professionals;
            (5) mental health professionals;
            (6) emergency medicine physicians;
            (7) child abuse pediatricians, as certified by the American 
        Board of Pediatrics, who specialize in treating victims of 
        child abuse;
            (8) forensic pathologists;
            (9) public health administration;
            (10) public health researchers;
            (11) law enforcement;
            (12) a representative from the National Center for Fatality 
        Review and Prevention; and
            (13) such other organizations or entities as the Secretary 
        determines appropriate.
    (c) Conforming Amendments.--
            (1) CAPTA.--
                    (A) National child abuse and neglect data system.--
                Section 103(c)(1)(C) of the Child Abuse Prevention and 
                Treatment Act (42 U.S.C. 5104(c)(1)(C)) is amended--
                            (i) in clause (iii), by striking ``and'' 
                        after the semicolon;
                            (ii) in clause (iv), by adding ``and'' 
                        after the semicolon; and
                            (iii) by inserting after clause (iv), the 
                        following:
                            ``(v) information on child fatalities from 
                        maltreatment in accordance with the set of 
                        national definition standards promulgated under 
                        section 7(a) of the Child Welfare Oversight and 
                        Accountability Act of 2017;''.
                    (B) Annual state data reports.--Section 106(d) of 
                the Child Abuse Prevention and Treatment Act (42 U.S.C. 
                5106a(d)) is amended by adding at the end the 
                following:
            ``(19) The number of child fatalities from maltreatment and 
        related information required to be reported in accordance with 
        the set of national definition standards promulgated under 
        section 7(a) of the Child Welfare Oversight and Accountability 
        Act of 2017.''.
            (2) Social security act.--
                    (A) IV-B plan.--Section 422(b)(19) of the Social 
                Security Act (42 U.S.C. 622(b)(19)), as amended by 
                section 6(a), is further amended by adding at the end 
                the following:
                            ``(ii) report information on child 
                        maltreatment deaths required by Federal law in 
                        accordance with the set of national definition 
                        standards promulgated under section 7(a) of the 
                        Child Welfare Oversight and Accountability Act 
                        of 2017.''.
                    (B) Annual review requirements.--Section 429A of 
                the Social Security Act, as added by section 6(b), is 
                amended by adding at the end the following:
    ``(h) Application of National Definition Standards.--The review 
team shall use the set of national definition standards promulgated 
under section 7(a) of the Child Welfare Oversight and Accountability 
Act of 2017 to make and submit findings and data to the CDR Reporting 
System and to develop the recommendations required under subsection 
(b)(3).''.

SEC. 8. ADDITIONAL REQUIREMENTS FOR THE ANNUAL REPORT TO CONGRESS BASED 
              ON AFCARS AND OTHER DATA.

    (a) Provider-Specific Child Outcomes.--Section 479A(a) of the 
Social Security Act (42 U.S.C. 679b(a)) is amended--
            (1) in paragraph (6)(C), by striking ``and'' after the 
        semicolon;
            (2) in paragraph (7)(B), by striking the period at the end 
        and inserting a semicolon; and
            (3) by adding at the end the following:
            ``(8) develop a set of provider-specific child outcome 
        measures (including with respect to child fatalities, child 
        fatalities from maltreatment, maltreatment in care, recurrence 
        of maltreatment within 6 months, exits from foster care by 
        reason for the exit (adoption, guardianship, reunification, or 
        emancipation), time to reunification, reentry rates, and 
        average number of placements) that can be used to assess the 
        performance of foster care providers, as defined in subsection 
        (e), in providing services to children under this part or part 
        B;
            ``(9) prescribe, not later than October 1, 2019, such 
        regulations as may be necessary to ensure that States--
                    ``(A) provide to the Secretary the data necessary 
                for the Secretary to assess the performance of States 
                and foster care providers (as so defined) with respect 
                to the outcome measures developed under paragraph (8), 
                as a condition of the State receiving funds under this 
                part;
                    ``(B) include with the data submitted to the 
                Secretary under subparagraph (A) for each foster care 
                provider (as so defined), information as to whether the 
                provider is a for-profit or not-for-profit entity; and
                    ``(C) review and consider the performance of each 
                foster care provider (as so defined) with respect to 
                such outcome measures prior to entering into or 
                renewing any agreement with the provider that relates 
                to the provision of services to children under this 
                part or part B; and
            ``(10) include in the report submitted pursuant to 
        paragraph (5) for fiscal year 2021 or any succeeding fiscal 
        year, State-by-State data with respect to the outcome measures 
        developed under paragraph (8) and the data and information 
        submitted under paragraph (9).''.
    (b) Public Availability of State-Specific Information.--Section 
479A of the Social Security Act (42 U.S.C. 679b) is amended by adding 
at the end the following:
    ``(c) Public Availability.--The Secretary shall publish, in a 
manner that is accessible as a public use data set for purposes of 
research, the data, ratings, and performance measures collected and 
determined under this section with respect to each State on a website 
that is available to the public and maintained and updated at least 
annually.''.
    (c) Application to Indian Tribes and Tribal Organizations.--Section 
479A of such Act (42 U.S.C. 679b), as amended by subsection (b), is 
further amended by adding at the end the following:
    ``(d) Application to Indian Tribes and Tribal Organizations.--The 
data collection and outcome measures requirements of this section shall 
apply to Indian tribes, tribal organization, or tribal consortiums that 
have a plan approved under section 471(a) in accordance with section 
479B, in the same manner as such requirements apply to a State under 
this part.''.
    (d) Definition of Foster Care Provider.--Section 479A of such Act 
(42 U.S.C. 679b), as amended by subsections (b) and (c), is further 
amended by adding at the end the following:
    ``(e) Definition of Foster Care Provider.--For purposes of 
paragraphs (8) and (9) of subsection (a), the term `foster care 
provider' means any entity, other than a foster family home, that 
receives funds from a State under this part or part B for the provision 
of placement or supervision services for any child in foster care under 
the responsibility of the State.''.

SEC. 9. PRIVATE RIGHT OF ACTION FOR FAILURE TO COMPLY WITH CASE PLAN 
              AND CASE SYSTEM REVIEW REQUIREMENTS.

    (a) Private Right of Action.--Section 475A of the Social Security 
Act (42 U.S.C. 675a) is amended by adding at the end the following:
    ``(c) Private Right of Action.--
            ``(1) In general.--An individual who is or was a child in 
        foster care under the responsibility of the State may obtain 
        appropriate relief with regard to a failure to comply with a 
        case plan requirement in section 475(1) or a failure to comply 
        with a case review system requirement in section 475(5) that 
        applies or applied to the individual while the child was such 
        foster care not later than 5 years after the date on which the 
        individual exits foster care by bringing a civil action in an 
        appropriate district court of the United States. In the case of 
        an individual with more than 1 period in foster care under the 
        responsibility of the State, each such period shall be treated 
        separately for purposes of applying the 5-year deadline under 
        the preceding sentence.
            ``(2) Exhaustion of administrative remedies.--An action 
        under this subsection may be commenced, and relief may be 
        granted, only after the individual commencing the action has 
        sought or exhausted any available administrative remedies.
            ``(3) Waiver of state sovereignty.--
                    ``(A) In general.--As a condition of a State 
                receiving funds under this part, the State shall 
                voluntarily and knowingly agree that--
                            ``(i) an action under this subsection may 
                        be maintained against, among others, a party 
                        that is a State governmental entity; and
                            ``(ii) relief in an action under this 
                        subsection may include money damages even if 
                        the defendant is such a governmental entity.
                    ``(B) State governmental entity defined.--In this 
                subsection, the term `State governmental entity' means 
                a State, a local government within a State, and any 
                agency or other governmental unit or subdivision of a 
                State or of such a local government.
            ``(4) Relief.--In an action under this subsection, the 
        court shall grant--
                    ``(A) all necessary equitable and legal relief, 
                including, where appropriate, declaratory relief and 
                compensatory and punitive damages, to prevent the 
                occurrence, continuance, or repetition of the 
                designated failure and to compensate for losses 
                resulting from the designated failure; and
                    ``(B) to a prevailing plaintiff, reasonable 
                attorneys' fees and litigation expenses as part of the 
                costs.''.
    (b) Rule of Construction.--The private right of action established 
under section 475A(c) of the Social Security Act with regard to a 
failure to comply with a case plan requirement in section 475(1) of 
such Act or a failure to comply with a case review system requirement 
in section 475(5) of such Act, as added by subsection (a) of this 
section, shall not be construed as an expression of congressional 
intent with respect to the creation of, or prohibition of, a private 
right of action with respect to a failure to comply with any other 
provision of title IV of Social Security Act.

SEC. 10. TRANSPARENCY IN CONTRACTING WITH PRIVATE CHILD WELFARE SERVICE 
              PROVIDERS.

    Section 422(b) of the Social Security Act (42 U.S.C. 622(b)), as 
amended by section 7(c)(2)(A), is amended--
            (1) in paragraph (18), by striking ``and'' after the 
        semicolon;
            (2) in paragraph (19), by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following:
            ``(20) provide that the State shall make publicly available 
        on a website maintained by the State, in accordance with such 
        procedures as are necessary to maintain the confidentiality and 
        privacy of children and families provided assistance under this 
        part or part E--
                    ``(A) any agreement with a private foster care 
                provider (as defined in section 479A(e)) that relates 
                to the provision of services to children under this 
                part or part E; and
                    ``(B) with respect to each such provider with such 
                an agreement, information as to whether the provider is 
                a for-profit or not-for-profit entity.''.

SEC. 11. EFFECTIVE DATE.

    (a) In General.--Except as provided in subsections (b), (c), and 
(d), this Act and the amendments made by this Act take effect on 
January 1, 2018.
    (b) Reinvestment of Penalties.--The amendments made by section 3 
take effect on October 1, 2018, and shall apply to conformity reviews 
conducted with respect to fiscal years beginning with fiscal year 2019.
    (c) Private Right of Action.--The amendment made by section 9(a) 
shall take effect on January 1, 2019.
    (d) Delay Permitted if State Legislation Required.--In the case of 
a State plan approved under part B or E of title IV of the Social 
Security Act which the Secretary of Health and Human Services 
determines requires State legislation (other than legislation 
appropriating funds) in order for the plan to meet the additional 
requirements imposed by this Act, the State plan shall not be regarded 
as failing to comply with the requirements of such part solely on the 
basis of the failure of the plan to meet such additional requirements 
before the first day of the first calendar quarter beginning after the 
close of the first regular session of the State legislature that begins 
after the date of enactment of this section. For purposes of the 
previous sentence, in the case of a State that has a 2-year legislative 
session, each year of such session shall be deemed to be a separate 
regular session of the State legislature.
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