[Congressional Record Volume 146, Number 47 (Thursday, April 13, 2000)]
[Senate]
[Pages S2745-S2752]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Ms. SNOWE (for herself, Mr. Rockefeller, Mr. DeWine, and Mr. 
        Dodd):
  S. 2435. A bill to amend part B of title IV of the Social Security 
Act to crate a grant program to promote joint activities among Federal, 
State, and local public child welfare and alcohol and drug abuse 
prevention and treatment agencies; to the Committee on Finance.


           Child Protection/Alcohol and Drug Partnership Act

  Ms. SNOWE. Mr. President, I rise today to introduce the ``Child 
Protection/Alcohol and Drug Partnership Act.'' I am pleased to be 
joined by my good friends, Senators Rockefeller, DeWine, and Dodd on 
this exciting new proposal. Mr. President, this bill is an enormously 
important piece of legislation. It provides the means for states to 
support some of our most vulnerable families--families who are 
struggling with alcohol and drug abuse, and the children who are being 
raised in these abusive homes.
  It is obvious, both anecdotally and statistically, that child welfare 
is significantly impacted by parental substance abuse. And it makes a 
lot of sense to fund state programs to address these two issues in 
tandem. The real question in designing and supporting child welfare 
programs is how can we--public policy makers, government officials, 
welfare agencies--honestly expect to improve child welfare without 
appropriately and adequately addressing the root problems affecting 
these children's lives?
  We know that substance abuse is the primary ingredient in child abuse 
and neglect. Most studies find that between one-third and two-thirds--
and some say as high as 80 percent to 90 percent--of children in the 
child welfare system come from families where parental substance abuse 
is a contributing factor.
  The Child Protection/Alcohol and Drug Partnership Act of 2000 creates 
a new five-year $1.9 billion state block grant program to address the 
connection between substance abuse and child welfare. Payments would be 
made to promote joint activities among federal, state, and local public 
child welfare and alcohol and drug prevention and treatment agencies. 
Our underlying belief, and the point of this bill, is to encourage 
existing agencies to work together to keep children safe.
  HHS will award grants to States and Indian tribes to encourage 
programs for families who are known to the child welfare system and 
have alcohol and drug abuse problems. These grants will forge new and 
necessary partnerships between the child protection agencies and the 
alcohol and drug prevention and treatment agencies in States so they 
will work together to provide services for this unique population. The 
program is designed to increase the capacity of both the child welfare 
and alcohol and drug systems to comprehensively address the needs of 
these families to improve child safety, family stability, and 
permanence, and to promote recovery from alcohol and drug problems.
  Statistics paint an unhappy picture for children of substance abusing 
parents: a 1998 report by the National Committee to Prevent Child Abuse 
found that 36 states reported that parental substance abuse and poverty 
are the top two problems exhibited by families reported for child 
maltreatment. And a 1997 survey conducted by the Child Welfare League 
of America found that at least 52 percent of placements into out-of-
home care were due in part to parental substance abuse.
  Children whose parents abuse alcohol and other drugs are almost three 
times likelier to be abused and more than four times likelier to be 
neglected than children of parents who are not substance abusers. 
Children in alcohol-abusing families were nearly four times more likely 
to be maltreated overall, almost five times more likely to be 
physically neglected, and 10 times more likely to be emotionally 
neglected than children in families without alcohol problems.
  A 1994 study published in the American Journal of Public Health found 
that children prenatally exposed to substances have been found to be 
two to three times more likely to be abused than non-exposed children. 
And as many as 80 percent of prenatally drug exposed infants will come 
to the attention of child welfare before their first

[[Page S2746]]

birthday. Abused and neglected children under age six face the risk of 
more severe damage than older children because their brains and 
neurological systems are still developing.
  Unfortunately, child welfare agencies estimate that only a third of 
the 67 percent of the parents who need drug or alcohol prevention and 
treatment services actually get help today.
  Mr. President, this bill is about preventing problems. Senators 
Rockefeller, DeWine, Dodd, and I know that what is most important here 
is the safety and well-being of America's children. We expect much of 
our youth because they are the future of our nation. In turn, we must 
be willing to give them the support they need to learn and grow, so 
that they can lead healthy and productive lives.
  In 1997 Congress passed the Adoption and Safe Families Act, authored 
by the late Senator John Chafee. The 1997 Adoption law promotes safety, 
stability, and permanence for all abused and neglected children and 
requires timely decision-making in all proceedings to determine whether 
children can safely return home, or whether they should be moved to 
permanent, adoptive homes. Specifically, the law requires a State to 
ensure that services are provided to the families of children who are 
at risk, so that children can remain safely with their families or 
return home after being in foster care.
  The bill we are introducing today identifies a very specific area in 
which families and children need services--substance abuse. And it will 
ensure that states have the funding necessary to provide services as 
required under the Adoption and Safe Families Act.
  I encourage my colleagues to take a serious look at our bill, to 
think seriously about the future for kids in their states, and to work 
with us in passing this very important piece of legislation. I ask 
unanimous consent that the bill be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2435

       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 Protection/Alcohol and 
     Drug Partnership Act of 2000''.

     SEC. 2. CHILD PROTECTION/ALCOHOL AND DRUG PARTNERSHIPS FOR 
                   CHILDREN.

       Part B of title IV of the Social Security Act (42 U.S.C. 
     620 et seq.) is amended by adding at the end the following:

    ``Subpart 3--Child Protection/Alcohol and Drug Partnerships For 
                                Children

     ``SEC. 440. DEFINITIONS.

       ``In this subpart:
       ``(1) Alaska native organization.--The term `Alaska Native 
     Organization' means any organized group of Alaska Natives 
     eligible to operate a Federal program under the Indian Self-
     Determination Act (25 U.S.C. 450f et seq.) or such group's 
     designee.
       ``(2) Administrative costs.--
       ``(A) In general.--The term `administrative costs' means 
     the costs for the general administration of administrative 
     activities, including contract costs and all overhead costs.
       ``(B) Exclusion.--Such term does not include the direct 
     costs of providing services and costs related to case 
     management, training, technical assistance, evaluation, 
     establishment, and operation of information systems, and such 
     other similar costs that are also an integral part of service 
     delivery.
       ``(3) Eligible state.--The term `eligible State' means a 
     State that submits a joint application from the State 
     agencies that--
       ``(A) includes a plan that meets the requirements of 
     section 442; and
       ``(B) is approved by the Secretary for a 5-year period 
     after consultation with the Assistant Secretary for the 
     Administration for Children and Families and the 
     Administrator of the Substance Abuse and Mental Health 
     Services Administration.
       ``(4) Indian tribe.--The term `Indian tribe' means any 
     Indian tribe, band, Nation or other organized group or 
     community of Indians, including any Alaska Native 
     Organization, that is recognized as eligible for the special 
     programs and services provided by the United States to 
     Indians because of their status as Indians.
       ``(5) State.--
       ``(A) In general.--The term `State' means each of the 50 
     States, the District of Columbia, and the territories 
     described in subparagraph (B).
       ``(B) Territories.--
       ``(i) In general.--The territories described in this 
     subparagraph are Puerto Rico, Guam, the United States Virgin 
     Islands, American Samoa, and the Northern Mariana Islands.
       ``(ii) Authority to modify requirements.--The Secretary may 
     modify the requirements of this subpart with respect to a 
     territory described in clause (i) to the extent necessary to 
     allow such a territory to conduct activities through funds 
     provided under a grant made under this subpart.
       ``(6) State agencies.--The term `State agencies' means the 
     State child welfare agency and the unit of State government 
     responsible for the administration of the substance abuse 
     prevention and treatment block grant provided under subpart 
     II of part B of title XIX of the Public Health Service Act 
     (42 U.S.C. 300x-21 et seq.).
       ``(7) Tribal organization.--The term `tribal organization' 
     means the recognized governing body of an Indian tribe.

     ``SEC. 441. GRANTS TO PROMOTE CHILD PROTECTION/ALCOHOL AND 
                   DRUG PARTNERSHIPS FOR CHILDREN.

       ``(a) Authority To Award Grants.--The Secretary may award 
     grants to eligible States and directly to Indian tribes in 
     accordance with the requirements of this subpart for the 
     purpose of promoting joint activities among Federal, State, 
     and local public child welfare and alcohol and drug abuse 
     prevention and treatment agencies (and among child welfare 
     and alcohol and drug abuse prevention and treatment agencies 
     that are providing services to children in Indian tribes) 
     that focus on families with alcohol or drug abuse problems 
     who come to the attention of the child welfare system and are 
     designed to--
       ``(1) increase the capacity of both the child welfare 
     system and the alcohol and drug abuse prevention and 
     treatment system to address comprehensively and in a timely 
     manner the needs of such families to improve child safety, 
     family stability, and permanence; and
       ``(2) promote recovery from alcohol and drug abuse 
     problems.
       ``(b) Notification.--Not later than 60 days after the date 
     a joint application is submitted by the State agencies or an 
     application is submitted by an Indian tribe, the Secretary 
     shall notify a State or Indian tribe that the application has 
     been approved or disapproved.

     ``SEC. 442. PLAN REQUIREMENTS.

       ``(a) Contents.--Subject to subsection (c), the plan shall 
     contain the following:
       ``(1) A detailed description of how the State agencies will 
     work jointly to implement a range of activities to meet the 
     alcohol and drug abuse prevention and treatment needs of 
     families who come to the attention of the child welfare 
     system and to promote child safety, permanence, and family 
     stability.
       ``(2) An assurance that the heads of the State agencies 
     shall jointly administer the grant program funded under this 
     subpart and a description of how they will do so.
       ``(3) A description of the nature and extent of the problem 
     of alcohol and drug abuse among families who come to the 
     attention of the child welfare system in the State, and of 
     any plans being implemented to further identify and assess 
     the extent of the problem.
       ``(4) A description of any joint activities already being 
     undertaken by the State agencies in the State on behalf of 
     families with alcohol and drug abuse problems who come to the 
     attention of the child welfare system (including any existing 
     data on the impact of such joint activities) such as 
     activities relating to--
       ``(A) the appropriate screening and assessment of cases;
       ``(B) consultation on cases involving alcohol and drug 
     abuse;
       ``(C) arrangements for addressing confidentiality and 
     sharing of information;
       ``(D) cross training of staff;
       ``(E) co-location of services;
       ``(F) support for comprehensive treatment programs for 
     parents and their children; and
       ``(G) establishing priority of child welfare families for 
     assessment or treatment.
       ``(5)(A) A description of the joint activities to be funded 
     in whole or in part with the funds provided under the grant, 
     including the sequencing of the activities proposed to be 
     conducted under the 5-year funding cycle and the goals to be 
     achieved during such funding cycle. The activities and goals 
     shall be designed to improve the capacity of the State 
     agencies to work jointly to improve child safety, family 
     stability, and permanence for children whose families come to 
     the attention of the child welfare system and to promote 
     their parents' recovery from alcohol and drug abuse.
       ``(B) The description shall include a statement as to why 
     the State agencies chose the specified activities and goals.
       ``(6) A description as to whether and how the joint 
     activities described in paragraph (5), and other related 
     activities funded with Federal funds, will address some or 
     all of the following practices and procedures:
       ``(A) Practices and procedures designed to appropriately--
       ``(i) identify alcohol and drug treatment needs;
       ``(ii) assess such needs;
       ``(iii) assess risks to the safety of a child and the need 
     for permanency with respect to the placement of a child;
       ``(iv) enroll families in appropriate services and 
     treatment in their communities; and
       ``(v) regularly assess the progress of families receiving 
     such treatment.
       ``(B) Practices and procedures designed to provide 
     comprehensive and timely individualized alcohol and drug 
     abuse prevention and treatment services for families who come 
     to the attention of the child welfare system that include a 
     range of options that are available, accessible, and 
     appropriate, and that may include the following components:

[[Page S2747]]

       ``(i) Preventive and early intervention services for 
     children of parents with alcohol and drug abuse problems that 
     integrate alcohol and drug abuse prevention services with 
     mental health and domestic violence services, and that 
     recognize the mental, emotional, and developmental problems 
     the children may experience.
       ``(ii) Prevention and early intervention services for 
     parents at risk for alcohol and drug abuse problems.
       ``(iii) Comprehensive home-based, outpatient, and 
     residential treatment options.
       ``(iv) After-care support (both formal and informal) for 
     families in recovery that promotes child safety and family 
     stability.
       ``(v) Services and supports that focus on parents, parents 
     with their children, parents' children, other family members, 
     and parent-child interaction.
       ``(C) Elimination of existing barriers to treatment and to 
     child safety and permanence, such as difficulties in sharing 
     information among agencies and differences between the values 
     and treatment protocols of the different agencies.
       ``(D) Effective engagement and retention strategies.
       ``(E) Pre-service and in-service joint training of 
     management and staff of child welfare and alcohol and drug 
     abuse prevention and treatment agencies, and, where 
     appropriate, judges and other court staff, to--
       ``(i) increase such individuals' awareness and 
     understanding of alcohol and drug abuse and related child 
     abuse and neglect;
       ``(ii) more accurately identify and screen alcohol and drug 
     abuse and child abuse in families;
       ``(iii) improve assessment skills of both child abuse and 
     alcohol and drug abuse staff, including skills to assess risk 
     to children's safety;
       ``(iv) increase staff knowledge of the services and 
     resources that are available in such individuals' communities 
     and appropriate for such families; and
       ``(v) increase awareness of the importance of permanence 
     for children and the timelines for decisionmaking regarding 
     permanence in the child welfare system.
       ``(F) Progress in enhancing the abilities of the State 
     agencies to improve the data systems of such agencies in 
     order to monitor the progress of families, evaluate service 
     and treatment outcomes, and determine which approaches and 
     activities are most effective.
       ``(G) Evaluation strategies to demonstrate the 
     effectiveness of treatment and identify the aspects of 
     treatment that have the greatest impact on families in 
     different circumstances.
       ``(H) Training and technical assistance to increase the 
     capacity within the State to carry out 1 or more of the 
     activities described in this paragraph or related activities 
     that are designed to expand prevention and treatment services 
     for, and staff training to assist families with alcohol and 
     drug abuse problems who come to the attention of the child 
     welfare system.
       ``(7) A description of the jurisdictions in the State 
     (including whether such jurisdictions are urban, suburban, or 
     rural) where the joint activities will be provided, and the 
     plans for expanding such activities to other parts of the 
     State during the 5-year funding cycle.
       ``(8) A description of the methods to be used in measuring 
     progress toward the goals identified under paragraph (5), 
     including how the State agencies will jointly measure their 
     performance in accordance with section 445, and how remaining 
     barriers to meeting the needs of families with alcohol or 
     drug abuse problems who come to the attention of the child 
     welfare system will be assessed.
       ``(9) A description of what input was obtained in the 
     development of the plan and the joint application from each 
     of the following groups of individuals, and the manner in 
     which each will continue to be involved in the proposed joint 
     activities:
       ``(A) Staff who provide alcohol and drug abuse prevention 
     and treatment and related services to families who come to 
     the attention of the child welfare system.
       ``(B) Advocates for children and parents who come to the 
     attention of the child welfare and alcohol and drug abuse 
     prevention and treatment systems.
       ``(C) Consumers of both child welfare and alcohol and drug 
     abuse prevention and treatment services.
       ``(D) Direct service staff and supervisors from public and 
     private child welfare and alcohol and drug abuse prevention 
     and treatment agencies.
       ``(E) Judges and court staff.
       ``(F) Representatives of the State agencies and private 
     providers providing health, mental health, domestic violence, 
     housing, education, and employment services.
       ``(G) A representative of the State agency in charge of 
     administering the temporary assistance to needy families 
     program funded under part A of this title.
       ``(10) An assurance of the coordination, to the extent 
     feasible and appropriate, of the activities funded under a 
     grant made under this subpart with the services or benefits 
     provided under other Federal or federally assisted programs 
     that serve families with alcohol and drug abuse problems who 
     come to the attention of the child welfare system, including 
     health, mental health, domestic violence, housing, and 
     employment programs, the temporary assistance to needy 
     families program funded under part A of this title, other 
     child welfare and alcohol and drug abuse prevention and 
     treatment programs, and the courts.
       ``(11) An assurance that not more than 10 percent of 
     expenditures under the plan for any fiscal year shall be for 
     administrative costs.
       ``(12) An assurance that alcohol and drug treatment 
     services provided at least in part with funds provided under 
     a grant made under this subpart shall be licensed, certified, 
     or otherwise approved by the appropriate State alcohol and 
     drug abuse agencies, or in the case of an Indian tribe, by a 
     State alcohol and drug abuse agency, the Indian Health 
     Service, or other designated licensing agency.
       ``(13) An assurance that Federal funds provided to the 
     State under a grant made under this subpart will not be used 
     to supplant Federal or non-Federal funds for services and 
     activities provided as of the date of the submission of the 
     plan that assist families with alcohol and drug abuse 
     problems who come to the attention of the child welfare 
     system.
       ``(b) Amendments.--
       ``(1) In general.--An eligible State or Indian tribe may 
     amend, in whole or in part, its plan at any time through 
     transmittal of a plan amendment.
       ``(2) 60-day approval deadline.--A plan amendment is 
     considered approved unless the Secretary notifies an eligible 
     State or Indian tribe in writing, within 60 days after 
     receipt of the amendment, that the amendment is disapproved 
     (and the reasons for disapproval) or that specified 
     additional information is needed.
       ``(c) Requirements for Applications By Indian Tribes.--
       ``(1) In general.--In order to be eligible for a grant made 
     under this subpart, an Indian tribe shall--
       ``(A) submit a plan to the Secretary that describes--
       ``(i) the activities the tribe will undertake with both 
     child welfare and alcohol and drug agencies that serve the 
     tribe's children to address the needs of families who come to 
     the attention of the child welfare agencies and have alcohol 
     and drug problems; and
       ``(ii) whether and how such activities address any of the 
     practice and policy areas in subsection (a)(6); and
       ``(B) subject to paragraph (2), meet the other requirements 
     of subsection (a) unless, with respect to a specific 
     requirement of such subsection, the Secretary determines that 
     it would be inappropriate to apply such requirement to an 
     Indian tribe, taking into account the resources, needs, and 
     other circumstances of the Indian tribe.
       ``(2) Administrative costs; use of federal funds.--
     Paragraphs (11) and (13) of subsection (a) shall not apply to 
     a plan submitted by an Indian tribe. The indirect cost rate 
     agreement in effect for an Indian tribe shall apply with 
     respect to administrative costs under the tribe's plan.
       ``(3) Authority for intertribal consortium.--The 
     participating Indian tribes of an intertribal consortium may 
     develop and submit a single plan that meets the applicable 
     requirements of subsection (a) (as so determined by the 
     Secretary) and paragraph (1) of this subsection.

     ``SEC. 443. APPROPRIATION OF FUNDS.

       ``(a) Appropriations.--For the purpose of providing 
     allotments to eligible States and Indian tribes under this 
     subpart and research and training under subsection (b)(3), 
     there is appropriated out of any money in the Treasury not 
     otherwise appropriated--
       ``(1) for fiscal year 2001, $200,000,000;
       ``(2) for fiscal year 2002, $275,000,000;
       ``(3) for fiscal year 2003, $375,000,000;
       ``(4) for fiscal year 2004, $475,000,000; and
       ``(5) for fiscal year 2005, $575,000,000.
       ``(b) Reservation of Funds.--With respect to a fiscal year:
       ``(1) Territories.--The Secretary shall reserve 2 percent 
     of the amount appropriated under subsection (a) for such 
     fiscal year for payments to Puerto Rico, Guam, the United 
     States Virgin Islands, American Samoa, and the Northern 
     Mariana Islands.
       ``(2) Indian tribes.--The Secretary shall reserve not less 
     than 3 nor more than 5 percent of the amount appropriated 
     under subsection (a) for such fiscal year for direct payments 
     to Indian tribes and Indian tribal organizations for 
     activities intended to increase the capacity of the Indian 
     tribes and tribal organizations to expand treatment, 
     services, and training to assist families with alcohol and 
     drug abuse problems who come to the attention of the child 
     welfare agencies.
       ``(3) Research and training.--
       ``(A) In general.--Subject to subparagraph (B), the 
     Secretary shall reserve 1 percent of the amount appropriated 
     under subsection (a) for such fiscal year for practice-based 
     research on the effectiveness of various approaches for the 
     screening, assessment, engagement, treatment, retention, and 
     monitoring of families with alcohol and drug abuse problems 
     who come to the attention of the child welfare system, and 
     for training of staff in such areas and shall ensure that a 
     portion of such amount is used for research on the 
     effectiveness of these approaches for Indian children and for 
     the training of staff serving children from the Indian 
     tribes.
       ``(B) Determination of use of funds.--Funds reserved under 
     subparagraph (A) may only be used to carry out a research 
     agenda that addresses the areas described in such 
     subparagraph and that is established by the Secretary, 
     together with the Assistant Secretary for the Administration 
     for Children and Families and the Administrator of Substance 
     Abuse and Mental Health Services

[[Page S2748]]

     Administration, with input from public and private nonprofit 
     providers, consumers, representatives of Indian tribes, and 
     advocates, as well as others with expertise in research in 
     such areas.

     ``SEC. 444. PAYMENTS TO ELIGIBLE STATES AND INDIAN TRIBES.

       ``(a) Amount of Grant.--
       ``(1) Eligible states other than territories.--
       ``(A) In general.--From the amount appropriated under 
     subsection (a) of section 443 for a fiscal year, after the 
     reservation of funds required under subsection (b) of that 
     section for the fiscal year and subject to subparagraphs (B) 
     and (C), the Secretary shall pay to each eligible State 
     (after the Secretary has determined that the State has 
     satisfied the matching requirement under subsection (b)) an 
     amount that bears the same ratio to such amount for such 
     fiscal year as the number of children under the age of 18 
     that reside in the eligible State bears to the total number 
     of children under the age of 18 who reside in all such 
     eligible States for such fiscal year.
       ``(B) Minimum allotment.--In no case shall the amount of a 
     payment to an eligible State for a fiscal year be less than 
     an amount equal to 0.5 percent of the amount appropriated 
     under subsection (a) of section 443 for the fiscal year, 
     after the reservation of funds required under subsection (b) 
     of that section.
       ``(C) Pro rata reductions.--The Secretary shall make pro 
     rata reductions in the amounts of the allotments determined 
     under subparagraph (A) for a fiscal year to the extent 
     necessary to comply with subparagraph (B).
       ``(2) Territories.--From the amounts reserved under section 
     443(b)(1) for a fiscal year, the Secretary shall pay to each 
     territory described in section 440(5)(B) with an approved 
     plan that meets the requirements of section 442 (after the 
     Secretary has determined that the territory has satisfied the 
     matching requirement under subsection (b)) an amount that 
     bears the same ratio to such amount for such fiscal year as 
     the number of children under the age of 18 that reside in the 
     territory bears to the total number of children under the age 
     of 18 who reside in all such territories for such fiscal 
     year.
       ``(3) Indian tribes or tribal organizations.--From the 
     amount reserved under section 443(b)(2) for a fiscal year, 
     the Secretary shall pay to each Indian tribe with an approved 
     plan that meets the requirements of section 442(c) (after the 
     Secretary has determined that the Indian tribe has satisfied 
     the matching requirement under subsection (b)) an amount that 
     bears the same ratio to such reserved amount for such fiscal 
     year as the number of children under the age of 18 in the 
     Indian tribe bears to the total number of children under the 
     age of 18 in all Indian tribes with plans so approved for 
     such fiscal year, as determined by the Secretary on the basis 
     of the most current and reliable information available to the 
     Secretary. For purposes of making the allocations required 
     under the preceding sentence, an Indian tribe may submit data 
     and other information that it has on the number of Indian 
     children under the age of 18 for consideration by the 
     Secretary.
       ``(b) Matching Requirement.--
       ``(1) In general.--In order to receive a grant under this 
     subpart for a fiscal year, an eligible State or Indian tribe 
     shall provide through non-Federal contributions the 
     applicable percentage determined under paragraph (2) for such 
     fiscal year of the costs of conducting activities funded in 
     whole or in part with funds provided under the grant. Such 
     contributions shall be paid jointly by the State agencies, in 
     the case of an eligible State, or by an Indian tribe.
       ``(2) Applicable percentage.--For purposes of paragraph 
     (1), the applicable percentage for an eligible State or 
     Indian tribe for a fiscal year is--
       ``(A) 15 percent, in the case of fiscal years 2001 and 
     2002;
       ``(B) 20 percent, in the case of fiscal years 2003 and 
     2004; and
       ``(C) 25 percent, in the case of fiscal year 2005.
       ``(3) Source of match.--
       ``(A) Eligible states.--The non-Federal contributions 
     required of an eligible State under this subsection may be in 
     cash or in kind, fairly evaluated, including plant, 
     equipment, or services. The contributions may be made 
     directly or through donations from public or private 
     entities. Amounts provided by the Federal Government, or 
     services assisted or subsidized to any significant extent by 
     the Federal Government may not be included in determining 
     whether an eligible State has provided the applicable 
     percentage of such contributions for a fiscal year.
       ``(B) Indian tribes.--With respect to an Indian tribe, such 
     contributions may be made in cash, through donated funds, 
     through non-public 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.).
       ``(4) Waiver.--
       ``(A) Eligible states.--In the case of an eligible State, 
     the Secretary, after consultation with the Assistant 
     Secretary for the Administration for Children and Families 
     and the Administrator of the Substance Abuse and Mental 
     Health Services Administration, may modify the applicable 
     percentage determined under paragraph (2) for matching funds 
     if the Secretary determines that economic conditions in the 
     eligible State justify making such modification.
       ``(B) Indian tribes.--In the case of an Indian tribe, the 
     Secretary may modify the applicable percentage determined 
     under such paragraph if the Secretary determines that it 
     would be inappropriate to apply to the Indian tribe, taking 
     into the resources and needs of the tribe and the amount of 
     funds the tribe would receive under a grant made under this 
     section.
       ``(c) Use of Funds.--Funds provided under a grant made 
     under this subpart may only be used to carry out activities 
     specified in the plan, as approved by the Secretary.
       ``(d) Deadline for Request for Payment.--An eligible State 
     or Indian tribe shall apply to be paid funds under a grant 
     made under this subpart not later than the beginning of the 
     fourth quarter of a fiscal year or such funds shall be 
     reallotted under subsection (f).
       ``(e) Carryover of Funds.--Funds paid to an eligible State 
     or Indian tribe under a grant made under this subpart for a 
     fiscal year may be expended in that fiscal year or the 
     succeeding fiscal year.
       ``(f) Reallotment of Funds.--
       ``(1) Eligible states.--In the case of an eligible State 
     that does not apply for funds allotted to the eligible State 
     under a grant made under this subpart for a fiscal year 
     within the time provided under subsection (d), or that does 
     not expend such funds during the time provided under 
     subsection (e), the funds which the eligible State would have 
     been entitled to for such fiscal year shall be reallotted to 
     1 or more other eligible States on the basis of each such 
     State's relative need for additional payments, as determined 
     by the Secretary, after consultation with the Assistant 
     Secretary for the Administration for Children and Families 
     and the Administrator of the Substance Abuse and Mental 
     Health Services Administration.
       ``(2) Indian tribes.--In the case of an Indian tribe that 
     does not expend funds allotted to the tribe during the time 
     provided under subsection (e), the funds to which the Indian 
     tribe would have been entitled to for such fiscal year shall 
     be reallotted to the remaining Indian tribes that are 
     implementing approved plans in amounts that are proportional 
     to the percentage of Indian children under the age of 18 in 
     each such tribe.

     ``SEC. 445. PERFORMANCE ACCOUNTABILITY; REPORTS AND 
                   EVALUATIONS.

       ``(a) Performance Measurement.--
       ``(1) Establishment of indicators.--The Secretary, in 
     consultation with the Assistant Secretary for the 
     Administration for Children and Families, the Administrator 
     of the Substance Abuse and Mental Health Services 
     Administration, Chief Executive Officers of a State or 
     Territory, State legislators, State and local public 
     officials responsible for administering child welfare and 
     alcohol and drug abuse prevention and treatment programs, 
     court staff, consumers of the services, and advocates for 
     children and parents who come to the attention of the child 
     welfare system, shall, within 12 months of the date of 
     enactment of the Child Protection/Alcohol and Drug 
     Partnership Act of 2000, establish indicators that will be 
     used to assess periodically the performance of eligible 
     States and Indian tribes in using grant funds provided under 
     this subpart to promote child safety, permanence, and well-
     being and recovery in families who come to the attention of 
     the child welfare system.
       ``(2) Coordination.--The indicators established under 
     paragraph (1) shall be based on and coordinated with the 
     performance outcomes established for the child welfare system 
     pursuant to section 203(b) of the Adoption and Safe Families 
     Act of 1997 and the performance measures developed under 
     subpart II of part B of title XIX of the Public Health 
     Service Act (relating to the substance abuse prevention and 
     treatment block grant).
       ``(3) Purpose.--The indicators will be used to measure 
     periodically the progress made by the State agencies and by 
     child welfare and alcohol and drug abuse prevention and 
     treatment agencies serving children in Indian tribes in the 
     activities that such agencies jointly engage in with such 
     grant funds. An eligible State or Indian tribe will be 
     measured against itself, assessing progress over time against 
     a baseline established at the time the grant activities were 
     undertaken.
       ``(4) Illustrative examples.--The indicators developed 
     should address the range of activities that eligible States 
     and Indian tribes have the option of engaging in with such 
     grant funds. Examples of the types of progress to be measured 
     in the different areas of activity include the following:
       ``(A) Improving the screening and assessment of families 
     who come to the attention of the child welfare system with 
     alcohol and drug problems, so such families can be promptly 
     referred for appropriate treatment when necessary.
       ``(B) Increasing the availability of comprehensive and 
     timely individualized treatment for families with alcohol and 
     drug problems who come to the attention of the child welfare 
     system.
       ``(C) Increasing the number or proportion of families who, 
     when they come to the attention of the child welfare system 
     with alcohol and drug problems, promptly enter appropriate 
     treatment.

[[Page S2749]]

       ``(D) Increasing the engagement and retention in treatment 
     of families with alcohol and drug problems who come to the 
     attention of the child welfare system.
       ``(E) Decreasing the number of children who re-enter foster 
     care after being returned to families who had alcohol or drug 
     problems when the children entered foster care.
       ``(F) Increasing the number or proportion of staff in both 
     the public child welfare and alcohol and drug abuse 
     prevention and treatment agencies who have received training 
     on the needs of families that come to the attention of the 
     child welfare and alcohol and drug abuse prevention and 
     treatment systems for help, and the help that can be provided 
     to such families.
       ``(G) Increasing the proportion of parents who complete 
     treatment for alcohol or drug abuse and show improvement in 
     their pre-employment or employment status.
       ``(5) Determination of progress.--
       ``(A) Initial report.--Not later than the end of the first 
     fiscal year in which funds are received under a grant made 
     under this subpart, the State agencies in each eligible State 
     that receives such funds, and the Indian tribes that receive 
     such funds, shall submit to the Secretary a report on the 
     activities carried out during the fiscal year with such 
     funds. The report shall contain such information as the 
     Secretary determines is necessary to provide an accurate 
     description of the activities conducted with such funds and 
     of any changes in the use of such funds that are planned for 
     the succeeding fiscal year.
       ``(B) Use of indicators.--As soon as possible after the 
     establishment of indicators under paragraph (1), the State 
     agencies and Indian tribes shall conduct evaluations, 
     directly or under contract, of their progress with respect to 
     such indicators that are directly related to activities the 
     eligible State or Indian tribe is engaging in with such grant 
     funds and include information on the evaluation in the 
     reports to the Secretary required under subparagraphs (C) and 
     (D). After the third year in which such activities are 
     conducted, an eligible State or Indian tribe shall include in 
     the evaluation at least some indicators that address 
     improvements in treatment for families with alcohol and drug 
     problems who come to the attention of the child welfare 
     system.
       ``(C) Subsequent reports.--After the initial report is 
     submitted under subparagraph (A), an eligible State or Indian 
     tribe shall submit to the Secretary, not later than June 30 
     of each fiscal year thereafter in which the State or tribe 
     carries out activities with grant funds provided under this 
     subpart, a report on the application of the indicators 
     established under paragraph (1) to such activities. The 
     reports shall include an explanation regarding why the 
     specific indicators used were chosen, how such indicators are 
     expected to impact a child's safety, permanence, well-being, 
     and parental recovery, and the results (as of the date of 
     submission of the report) of the evaluation conducted under 
     subparagraph (B).
       ``(D) Final report.--Not later than September 30, 2005, 
     each eligible State and Indian tribe with an approved plan 
     under this part shall submit a final report on the 
     evaluations conducted under subparagraph (B) and the progress 
     made in achieving the goals specified in the plan of the 
     State or Indian tribe.
       ``(E) Failure to report.--
       ``(i) In general.--Subject to clause (ii), an eligible 
     State or Indian tribe that fails to submit the reports 
     required under this paragraph or to conduct the evaluation 
     required under subparagraph (B) shall not be eligible to 
     receive grant funds provided under this subpart for the 
     fiscal year following the fiscal year in which such State or 
     Indian tribe failed to submit such report or conduct such 
     evaluation.
       ``(ii) Corrective action.--An eligible State or Indian 
     tribe to which clause (i) applies may, notwithstanding such 
     clause, receive grant funds under this subpart for a 
     succeeding fiscal year if prior to September 30 of the fiscal 
     year in which such failure occurred, the State agencies of 
     the eligible State, or the Indian tribe, submit to the 
     Secretary a plan to monitor and evaluate in a timely manner 
     the activities conducted with such funds, and such plan is 
     approved in a timely manner by the Secretary, after 
     consultation with the Administration for Children and 
     Families and the Substance Abuse and Mental Health Services 
     Administration.
       ``(b) Secretarial Reports and Evaluations.--
       ``(1) Annual reports.--On the basis of reports submitted 
     under subsection (a), the Secretary, in consultation with the 
     Assistant Secretary for the Administration for Children and 
     Families and the Administrator of the Substance Abuse and 
     Mental Health Services Administration, shall report annually, 
     beginning on October 1, 2002, to the Committee on Ways and 
     Means of the House of Representatives and the Committee on 
     Finance of the Senate on the joint activities conducted with 
     funds provided under grants made under this subpart, the 
     indicators that have been established, and the progress that 
     has been made in addressing the needs of families with 
     alcohol and drug abuse problems who come to the attention of 
     the child welfare system and in achieving the goals of child 
     safety, permanence, and family stability.
       ``(2) Evaluations.--Not later than 6 months after the end 
     of each 5-year funding cycle under this subpart, the 
     Secretary shall submit a report to the committees described 
     in paragraph (1) that summarizes the results of the 
     evaluations conducted by eligible States and Indian tribes 
     under subsection (a)(5)(B), as reported by such States and 
     Indian tribes in accordance with subparagraphs (C) and (D) of 
     subsection (a)(5). The Secretary shall include in the report 
     required under this paragraph recommendations for further 
     legislative or administrative actions that are designed to 
     assist children and families with alcohol and drug abuse 
     problems who come to the attention of the child welfare 
     system.''.

  Mr. ROCKEFELLER. Mr. President, today I am here to talk about our 
Nation's most vulnerable children--those innocent kids who are in the 
child protection system because they have been abused or neglected by 
parents, many of whom have drug or alcohol problems. Over 500,000 
children are in foster care nationwide and 3,000 children are in West 
Virginia. Each one deserves a safe, permanent home according to the 
fundamental guidelines set by the 1997 Adoption and Safe Families Act.
  National statistics range between 40 percent and 80 percent of 
families in the child welfare system struggling with alcohol or drug 
abuse, or both. One recent survey noted that 67 percent of the parents 
involved in child abuse or neglect cases needed alcohol or drug 
treatment, but only one-third of those parents got the appropriate 
treatment or services to deal with their addiction. In my own state of 
West Virginia, over half of the children placed in foster care have 
families with alcohol or drug abuse problems, and we know even more 
children are at risk of neglect, but are not in foster care yet because 
of their parent's substance abuse problems.
  Another sad, stunning statistic is that children with open child 
welfare cases whose parents have substance abuse problems are younger 
than other children in foster care, and they are more likely to be the 
victims of severe and chronic neglect. Once such children are placed in 
foster care, they tend to stay in care longer than other children.
  I believe the only way to achieve the critical goals of a safe, 
healthy, and permanent home for every child is to tackle the problem of 
alcohol and drug abuse among parents. What happens to parents who abuse 
alcohol or drugs ultimately will decide that child's fate. To help the 
child, we must address the addiction of their parents.
  The issue of alcohol and drug abuse is difficult. Part of the 1997 
Adoption and Safe Families Act required the Department of Health and 
Human Services (HHS) to study this problem within the child welfare 
system. This important report, Blending Perspectives and Building 
Common Ground, outlines our challenges. There is a lack of appropriate 
treatment and services, especially services designed to meet the needs 
of parents in the child protection system. Unfortunately, there is poor 
communication and collaboration between alcohol and drug abuse agencies 
and child protection agencies. Issues such as confidentiality, 
different definitions of who ``the client'' is, and different time 
frames for decisions make collaboration harder. For example, under the 
1997 Adoption and Safe Families Act, state agencies and courts are 
expected to consider termination of parental rights if a child has been 
in foster care for 15 of 22 months. Treatment programs designed for 
single clients have different time frames.
  To address the challenge, we must find new ways to encourage these 
two independent systems to work together on behalf of parents with an 
alcohol or drug problem and their children. In addition to treating the 
patient's addiction, we must also provide for the needs of their child.

  Therefore, we need to create incentives for both agencies to consider 
the total picture--What are the child's needs? What are the parent's 
needs? How can we effectively serve both, and meet the fundamental 
goals of the Adoption Law that every child deserves a safe, healthy, 
permanent home.
  The HHS report sets five priorities. First, it calls for building 
collaborative working relationships among agencies. It stresses that 
addiction is a treatable disease, but access to timely, comprehensive 
substance abuse treatment services is key. Keeping clients in treatment 
is crucial, but serving parents is harder because services must also be 
available to their children. As mentioned, children of abusing parents 
need special services. The final priority

[[Page S2750]]

in the HHS study is for research and more information on the 
interaction between substance abuse and child maltreatment.
  Today, I am proud to join with my colleagues, Senator Snowe, DeWine, 
and Dodd to introduce legislation to address this troubling issue. We 
have worked for months with state officials, child advocates and 
officials in the substance abuse community to develop the Child 
Protection/Alcohol and Drug Partnership Act of 2000. This bill builds 
on the foundation of the Adoption and Safe Families Act of 1997--
fundamental goals of making a child's safety, health, and permanency 
paramount.
  To accomplish these bold goals, we need to be bold by investing in 
partnerships that will respond to the needs and priorities outlined in 
the comprehensive HHS study. I believe a new program and a new approach 
are essential. A new system is needed to address the special concerns 
of this unique population--parents with alcohol and drug problems who 
neglect their children. A program designed to serve a single male with 
drug problems doesn't respond to the needs of a mother and her child.
  To be effective, we must link child protection workers with those 
involved in alcohol and drug treatment programs. Forging new 
partnerships takes time--and it takes money. That is why our 
legislation invests $1.9 billion over 5 years to combat the problems of 
drugs and alcohol abuse in families in the child welfare system.
  I understand this is a large sum, but alcohol and drug abuse is a 
huge problem. Before reacting to the cost of the bill, consider what 
the costs are if we do nothing.
  If we do not invest in alcohol and drug abuse prevention and 
treatment for such families, children will be neglected or abused. 
Young children will be placed in foster care, at a wide range of costs, 
and they will linger there longer than other children without family 
substance abuse problems.
  In 1997, the House Ways and Means Subcommittee received testimony 
from Professor Richard Barth who noted that many newborns in substance 
abuse cases already had siblings placed in foster care. Barth estimated 
that if only one-third of the mothers with substance abuse problems got 
successful, early treatment upon the birth of their first child, 
instead of waiting until later, many years of foster care placements 
could be prevented and millions of dollars could be saved.

  Our bill is designed to tackle this tough issue so agencies do not 
wait too long to help vulnerable children. Our bill will promote 
innovative approaches that serve both parents and children. It will 
offer funding for screening and assessment to enhance prevention. It 
will support outreach to families and retention so that parents stay in 
treatment. It can support joint training, and educate alcohol and drug 
counselors about the special needs of children and the importance of a 
safe, permanent home. It can support out-patient services or 
residential treatment. It allows investments in after-care to keep 
families and children safe.
  If we do invest in such specialized alcohol and drug treatment 
programs for families, we can achieve two things. For many families, I 
hope, treatment will be successful and children will return to a safe 
and stable home. But for others, we will have tried, and learned the 
important lesson that some children need an alternate place--some 
children need adoption. Under the Adoption and Safe Families Act, 
courts cannot move forward on adoption until appropriate services have 
been provided to families. That is the law, and we must follow it. 
Therefore, to move some children towards adoption, services must be 
tried for their families.
  We want a responsible approach that will include accountability. It 
requires annual reports to assess how much progress is made each and 
every year. Reports should measure success in treating parents, but 
equally important will be measures of children's safety and family 
stability.
  Over the years, we have worked on child welfare issues in a positive, 
bipartisan manner. I am proud to continue the bipartisan approach as we 
grapple with such tough controversial issues as alcohol and drug abuse 
among parents in the child welfare system.
  Mr. President, I ask unanimous consent that a fact sheet and section-
by-section analysis of the bill be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

 Section-by-Section--Child Protection/Alcohol and Drug Partnership Act 
                                of 2000

   (A bill to amend part B of title IV of the Social Security Act to 
   create a grant program to promote joint activities among Federal, 
   State, and local public child welfare and alcohol and drug abuse 
                   prevention and treatment agencies)


  grants to promote child protection/alcohol and drug partnership for 
                                children

       In an effort to improve child safety, family stability, and 
     permanence, as well as promote recovery from alcohol and drug 
     abuse problems, the Secretary may award grants to eligible 
     States and Indian tribes to foster programs for families who 
     are known to the child welfare system to have alcohol and 
     drug abuse problems. The Secretary shall notify States and 
     Indian tribes of approval or denial not later than 60 days 
     after submission.


                        state plan requirements

       In order to meet the prevention and treatment needs of 
     families with alcohol and drug abuse problems in the child 
     welfare system and to promote child safety, permanence, and 
     family stability, State agencies will jointly work together, 
     creating a plan to identify the extent of the drug and 
     alcohol abuse problem.
       Creation of plan.--State agencies will provide data on 
     appropriate screening and assessment of cases, consultation 
     on cases involving alcohol and drug abuse, arrangements for 
     addressing confidentiality and sharing of information, cross 
     training of staff, co-location of services, support for 
     comprehensive treatment for parents and their children, and 
     priority of child welfare families for assessment or 
     treatment.
       Identify activities.--A description of the activities and 
     goals to be implemented under the five-year funding cycle 
     should be identified, such as: identify and assess alcohol 
     and drug treatment needs, identify risks to children's safety 
     and the need for permanency, enroll families in appropriate 
     services and treatment in their communities, and regularly 
     assess the progress of families receiving such treatment.
       Implement prevention and treatment services.--States and 
     Indian tribes should implement individualized alcohol and 
     drug abuse prevention and treatment services that are 
     available, accessible, and appropriate that include the 
     following components:
       (A) Preventive and early intervention services for the 
     children of families with alcohol and drug abuse problems 
     that integrate alcohol and drug abuse prevention services 
     with mental health and domestic violence services, as well as 
     recognizing the mental, emotional, and developmental problems 
     the children may experience.
       (B) Prevention and early intervention services for parents 
     at risk for alcohol and drug abuse problems.
       (C) Comprehensive home-based, our-patient and residential 
     treatment options.
       (D) Formal and informal after-care support for families in 
     recovery.
       (E) Services and programs that promote parent-child 
     interaction.
       Sharing information among agencies.--Agencies should 
     eliminate existing barriers to treatment and to child safety 
     and permanence by sharing information among agencies and 
     learning from the various treatment protocols of other 
     agencies such as:
       (A) Creating effective engagement and retention strategies.
       (B) Encouraging joint training of child welfare staff and 
     alcohol and drug abuse prevention agencies, and judges and 
     court staff to increase awareness and understanding of drug 
     abuse and related child abuse and neglect and more accurately 
     identify abuse in families, increase staff knowledge of the 
     services and resources that are available in the communities, 
     and increase awareness of permanence for children and the 
     urgency for time lines in making these decisions.
       (C) Improving data systems to monitor the progress of 
     families, evaluate service and treatment outcomes, and 
     determine which approaches are most effective.
       (D) Evaluation strategies to identify the effectiveness of 
     treatment that has the greatest impact on families in 
     different circumstances.
       (E) Training and technical assistance to increase the 
     State's capacity to perform the above activities.
       Plan descriptions and assurances.--States and Indian tribes 
     should create a plan that includes the following descriptions 
     and assurances:
       (A) A description of the jurisdictions in the State whether 
     urban, suburban, or rural, and the State's plan to expand 
     activities over the 5-year funding cycle to other parts of 
     the State.
       (B) A description of the way in which the State agency will 
     measure progress, including how the agency will jointly 
     conduct an evaluation of the results of the activities.
       (C) A description of the input obtained from staff of State 
     agencies, advocates, consumers of prevention and treatment 
     services, line staff from public and private child welfare 
     and drug abuse agencies, judges and court staff, 
     representatives of health, mental health, domestic violence, 
     housing and employment services, as well as a representative 
     of the State agency in charge of administering the temporary 
     assistance to needy families program (TANF).

[[Page S2751]]

       (D) An assurance of coordination with other services 
     provided under other Federal or federally assisted programs 
     including health, mental health, domestic violence, housing, 
     employment programs, TANF, and other child welfare and 
     alcohol and drug abuse programs and the courts.
       (E) An assurance that not more than 10% of expenditures 
     under the State plan for any fiscal year shall be for 
     administrative costs. However, Indian tribes will be exempt 
     from this limitation and instead may use the indirect cost 
     rate agreement in effect for the tribe.
       (F) An assurance from States that Federal funds provided 
     will not be used to supplant Federal or non-Federal funds for 
     services and activities provided as of the date of the 
     submission of the plan. However, Indian tribes will be exempt 
     from this provision.
       Amendments.--A State or Indian tribe may amend its plan, in 
     whole or in part at any time through a plan amendment. The 
     amendment should be submitted to the Secretary not later than 
     30 days after the date of any changes of activities. Approval 
     from the Secretary shall be presumed unless, the State has 
     been notified of disapproval within 60 days after receipt.
       Special Application to Indian tribes.--The Indian tribe 
     must submit a plan to the Secretary that describes the 
     activities it will undertake with both the child welfare and 
     alcohol and drug agencies that serve its children to address 
     the needs of families who come to the attention of the child 
     welfare agency who have alcohol and drug problems. The Indian 
     tribe must also meet other applicable requirements, unless 
     the Secretary determines that it would be inappropriate based 
     on the tribe's resources, needs, and other circumstances.


                         appropriation of funds

       Appropriations.--A total of 1.9 billion dollars will be 
     appropriated to eligible States and Indian tribes at the 
     progression rate of:
       (1) for fiscal year 2001, $200,000,000;
       (2) for fiscal year 2002, $275,000,000;
       (3) for fiscal year 2003, $375,000,000;
       (4) for fiscal year 2004, $475,000,000; and
       (5) for fiscal year 2005, $575,000,000.
       Territories.--The Secretary of HHS shall reserve 2% of the 
     amount appropriated each fiscal year for payments to Puerto 
     Rico, Guam, the United States Virgin Islands, American Samoa, 
     and the Northern Mariana Islands. In addition, the Secretary 
     shall reserve from 3 to 5 percent of the amount appropriated 
     for direct payment to Indian tribes.
       Research and Training.--The Secretary shall reserve 1% of 
     the appropriated amount for each fiscal year for practice-
     based research on the effectiveness of various approaches for 
     screening, assessment, engagement, treatment, retention, and 
     monitoring of families and training of staff in such areas. 
     In addition, the Secretary will also ensure that a portion of 
     these funds are used for research on the effectiveness of 
     these approaches for Indian children and the training of 
     staff.
       Determination of use of funds.--Funds may only be used to 
     carry out a specific research agenda established by the 
     Secretary, together with the Assistant Secretary of the 
     Administration for Children and Families and the 
     Administrator of Substance Abuse and Mental Health Services 
     Administration with input from public and private nonprofit 
     providers, consumers, representatives of the Indian tribes 
     and advocates.


                           payments to states

       Amount of grant to State and territories.--Each eligible 
     State will receive an amount based on the number of children 
     under the age of 18 that reside in that State. There will be 
     a small state minimum of .05% to ensure that all States are 
     eligible for sufficient funding to establish a program.
       Amount of grant to Indian tribes or tribal organizations.--
     Indian tribes shall be eligible for a set aside of 3% to 5%. 
     This amount will be distributed based on the population of 
     children under 18 in the tribe.
       State matching requirement.--States shall provide, through 
     non-Federal contributions, the following applicable 
     percentages for a given fiscal year:
       (A) for fiscal years 2001 and 2002, 15% match;
       (B) for fiscal years 2003 and 2004, 20% match; and
       (C) for fiscal year 2005, 25% match.
       Source of match.--The non-Federal contributions required of 
     States may be in cash or in-kind, including plant equipment 
     or services made directly from donations from public or 
     private entities. Amounts received from the Federal 
     Government may not be included in the applicable percentage 
     of contributions for a given fiscal year. However, Indian 
     tribes may use three Federal sources of matching funds: 
     Indian Child Welfare Act funds, Indian Self-Determination and 
     Education Assistance Act funds, and Community Block Grant 
     funds.
       Waiver.--The Secretary may modify matching funds if it is 
     determined that extraordinary economic conditions in the 
     State justify the waiver. Indians tribes' matching funds may 
     also be modified if the Secretary determines that it would be 
     inappropriate based on the resources and needs of the tribe.
       Use of Funds and Deadline for Request of Payment.--Funds 
     may only be used to carry out activities specified in the 
     plan, as approved by the Secretary. Each State or Indian 
     tribe shall apply to be paid funds not later than the 
     beginning of the fourth quarter of a fiscal year or they will 
     be reallotted.
       Carryover and Reallotment of funds.--Funds paid to an 
     eligible State or Indian tribe may be used in that fiscal 
     year or the succeeding fiscal year. If a State does not apply 
     for funds allotted within the time provided, the funds will 
     be reallocated to one or more eligible States on the basis 
     of the needs of that individual state. In the cases of 
     Indian tribes, funds will be reallotted to remaining 
     tribes that are implementing approved plans.


                        performance measurement

       Establishment of Indicators.--The Secretary, in 
     consultation with the Assistant Secretary for the 
     Administration for Children and Families, the Administrator 
     of the Substance Abuse and Mental Health Services 
     Administration within HHS, and with state and local 
     government, public officials responsible for administering 
     child welfare and alcohol and drug abuse prevention and 
     treatment programs, court staff, consumers of the services, 
     and advocates for these children and parents will establish 
     indicators within 12 months of the enactment of this law 
     which will be used to assess the performance of States and 
     Indian tribes. A State or Indian tribe will be measured 
     against itself, assessing progress over time against a 
     baseline established at the time the grant activities were 
     undertaken.
       Illustrative Examples.--Indicators of activities to be 
     measured include:
       (A) Improve screening and assessment of families;
       (B) Increase availability of comprehensive individualized 
     treatment;
       (C) Increase the number/proportion of families who enter 
     treatment promptly;
       (D) Increase engagement and retention;
       (E) Decrease the number of children who re-enter foster 
     care after being returned to families who had alcohol or drug 
     problems;
       (F) Increase number/proportion of staff trained; and
       (G) Increase the proportion of parents who complete 
     treatment and show improvement in their employment status.
       Reports.--The child welfare and alcohol and drug abuse and 
     treatment agencies in each eligible state, and the Indian 
     tribes that receive funds shall submit no later than the end 
     of the first fiscal year, a report to the Secretary 
     describing activities carried out, and any changes in the use 
     of the funds planned for the succeeding fiscal year. After 
     the first report is submitted, a State or Indian tribe must 
     submit to the Secretary annually, by the end of the third 
     quarter in the fiscal year, a report on the application of 
     the indicators to its activities, an explanation of why these 
     indicators were chosen, and the results of the evaluation to 
     date. After the third year of the grant all of the States 
     must include indicators that address improvements in 
     treatment. A final report on evaluation and the progress made 
     must be submitted to the Secretary not later than the end of 
     each five year funding cycle of the grant.
       Penalty.--States or Indian tribes that fail to report on 
     the indicators will not be eligible for grant funds for the 
     fiscal year following the one in which it failed to report, 
     unless a plan for improving their ability to monitor and 
     evaluate their activities is submitted to the Secretary and 
     then approved in a timely manner.
       Secretarial reports and evaluations.--Beginning October 1, 
     2002, the Secretary, in consultation with the Assistant 
     Secretary for the Administration for Children and Families, 
     and the Administrator of the Substance Abuse and Mental 
     Health Services Administration, shall report annually, to the 
     Committee on Ways and Means of the House of the 
     Representatives and the Committee on Finance of the Senate on 
     the joint activities, indicators, and progress made with 
     families.
       Evaluations.--Not later than six months after the end of 
     each 5 year funding cycle, the Secretary shall submit a 
     report to the above committees, the results of the 
     evaluations as well as recommendations for further 
     legislative actions.

                               Fact Sheet

       The Child Protection/Alcohol and Drug Partnership Act of 
     2000 is a bill to create a grant program to promote joint 
     activities among Federal, State, and local public child 
     welfare and alcohol and drug abuse prevention and treatment 
     agencies to improve child safety, family stability, and 
     permanence for children in families with drug and alcohol 
     problems, as well as promote recovery from drug and alcohol 
     problems.
       Child welfare agencies estimate that only a third of the 
     67% of the parents who need drug or alcohol prevention and 
     treatment services actually get help today. This bill builds 
     on the foundation of the Adoption and Safe Families Act of 
     1997 which requires States to focus on a child's need for 
     safety, health and permanence. The bill creates new funding 
     for alcohol and drug treatment and other activities that will 
     serve the special needs of these families to either provide 
     treatment for parents with alcohol and drug abuse problems so 
     that a child can safely return to their family or to promote 
     timely decisions and fulfill the requirement of the 1997 
     Adoption Act to provide services prior to adoption.


    grants to promote child protection/alcohol and drug partnerships

       In an effort to improve child safety, family stability, and 
     permanence as well as promote recovery from alcohol and drug 
     abuse problems, HHS will award grants to States and

[[Page S2752]]

     Indian tribes to encourage programs for families who are 
     known to the child welfare system and have alcohol and drug 
     abuse problems. Such grants will forge new and necessary 
     partnerships between the child protection agencies and the 
     alcohol and drug prevention and treatment agencies in States 
     so they can together provide necessary services for this 
     unique population.
       These grants will help build new partnerships to provide 
     alcohol and drug abuse prevention and treatment services that 
     are timely, available, accessible, and appropriate and 
     include the following components:
       (A) Preventive and early intervention services for the 
     children of families with alcohol and drug problems that 
     combine alcohol and drug prevention services with mental 
     health and domestic violence services, and recognize the 
     mental, emotional, and developmental problems the children 
     may experience.
       (B) Prevention and early intervention services for families 
     at risk of alcohol and drug problems.
       (C) Comprehensive home-based, out-patient and residential 
     treatment options.
       (D) Formal and informal after-care support for families in 
     recovery that promote child safety and family stability.
       (E) Services and supports that promote positive parent-
     child interaction.


                        forging new partnerships

       GAO and HHS studies indicate that the existing programs for 
     alcohol and drug treatment do not effectively service 
     families in the child protection system. Therefore, this new 
     grant program will help eliminate barriers to treatment and 
     to child safety and permanence by encouraging agencies build 
     partnerships and conduct joint activities including:
       (A) Promote appropriate screening and assessment of alcohol 
     and drug problems.
       (B) Create effective engagement and retention strategies 
     that get families into timely treatment.
       (C) Encourage joint training for staff of child welfare and 
     alcohol and drug abuse prevention and treatment agencies, and 
     judges and other court personnel to increase understanding of 
     alcohol and drug problems related to child abuse and neglect 
     and to more accurately identify alcohol and drug abuse in 
     families. Such training increases staff knowledge of the 
     appropriate resources that are available in the communities, 
     and increases awareness of the importance of permanence for 
     children and the urgency for expedited time lines in making 
     these decisions.
       (D) Improve data systems to monitor the progress of 
     families, evaluate service and treatment outcomes, and 
     determine which approaches are most effective.
       (E) Evaluate strategies to identify the effectiveness of 
     treatment and those parts of the treatment that have the 
     greatest impact on families in different circumstances.


                       new, targeted investments

       A total of $1.9 billion will be available to eligible 
     States with funding of $200 million in the first year 
     expanding to $575 million by the last year. The amount of 
     funding will be based on the State's number of children under 
     18, with a small State minimum to ensure that every State 
     gets a fair share. Indian tribes will have a 3%-5% set aside. 
     State child welfare and alcohol and drug agencies shall have 
     a modest matching requirement for funding beginning with a 
     15% match and gradually increasing to 25%. The Secretary has 
     discretion to waive the State match in cases of hardship.


               accountability and performance measurement

       To ensure accountability, HHS and the related State 
     agencies must establish indicators within 12 months of the 
     enactment of this law which will be used to assess the 
     State's progress under this program. Annual reports by the 
     States must be submitted to HHS. Any state hat fails to 
     submit its report will lose its funding for the next year, 
     until it comes into compliance. HHS must issue an annual 
     report to Congress on the progress of the Child Protection/
     Alcohol and Drug Partnership grants.
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