[Congressional Record Volume 150, Number 105 (Wednesday, September 8, 2004)]
[Senate]
[Pages S8965-S8967]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DOMENICI (for himself and Mrs. Lincoln):
  S. 2779. A bill to improve protections for children and to hold 
States accountable for the orderly and timely placement of children 
across State lines, and for other purposes; to the Committee on 
Finance.
  Mr. DOMENICI. Mr. President, I rise today with my colleague, Senator 
Lincoln, to introduce a bill to improve the Interstate Compact on the 
Placement of Children.
  The Compact is a uniform law that has been enacted by all 50 States, 
the District of Columbia, and the U.S. Virgin Islands. It establishes 
orderly procedures for the interstate placement of children and fixes 
responsibility for those involved in placing the child.
  As the father of 8 children myself, I understand that all children 
deserve and need a safe and supportive environment. The bill I am 
introducing today will protect the safety of children who are placed 
across State lines for foster care, adoption, or residential care. This 
bill will ensure informed placement decisions, including a full 
exchange of information between sending and receiving States and it 
will set and enforce specific timelines for the permanent placement of 
children. The bill will also create Federal incentives to help foster 
children find safe and permanent homes.
   It is estimated that some 20,000 children need to go to another 
State to find adoptive families. In such cases, safe and stable homes 
simply cannot be found in the child's State of residence, where they 
are typically bounced from one foster home to another. The Interstate 
Compact on the Placement of Children (ICPC) is premised on the belief 
that children requiring out-of-state placement will receive the same 
protections and services that would be provided if they remained in 
their home States. Yet, the median time spent in the foster care system 
by children in need of out-of-State placements is 43 months; 2 full 
years longer than the average time spent by an in-state-placed child.
  The two primary reasons for an abused and neglected child to move to 
another State are adoption or foster care placement, typically into the 
care of relatives. The ICPC establishes uniform legal and 
administrative procedures governing the interstate placement of 
children and outlines the many steps necessary to place a child out of 
state. The ICPC is the best means we have to ensure protection and 
services to children who are placed across State lines for foster care 
or adoption. However, the ICPC was drafted 40 years ago, and through no 
fault of their original authors, has begun to show its age. It has now 
become outdated and a barrier to the timely placement of children 
across State lines.
  Finding permanent homes for all children must be the highest priority 
of the foster care system. Children placed out of State need to be 
assured of the same protections and services that would be provided if 
they remained in their home States. Circumstances which make interstate 
placement of children necessary and the types of protections needed, 
offer compelling reasons for a mechanism which regulates those 
placements and Congress should expeditiously revise the ICPC to better 
serve the interests of these children.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2779

       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 ``Orderly and Timely 
     Interstate Placement of Foster Children Act of 2004''.

     SEC. 2. SENSE OF THE CONGRESS.

       (a) Finding.--The Congress finds that the Interstate 
     Compact on the Placement of Children (ICPC) was drafted more 
     than 40 years ago, is outdated, and is a barrier to the 
     timely placement of children across State lines.
       (b) Sense of the Congress.--It is the sense of the Congress 
     that the States should expeditiously revise the ICPC to 
     better serve the interests of children and reduce unnecessary 
     work, and that the revision should include--
       (1) limiting its applicability to children in foster care 
     under the responsibility of a State, except those seeking 
     placement in a residential facility primarily to access 
     clinical mental health services; and
       (2) providing for deadlines for the completion and approval 
     of home studies as set forth in section 4.

     SEC. 3. ORDERLY AND TIMELY PROCESS FOR INTERSTATE PLACEMENT 
                   OF CHILDREN.

       Section 471(a) of the Social Security Act (42 U.S.C. 
     671(a)) is amended--
       (1) by striking ``and'' at the end of paragraph (23);
       (2) by striking the period at the end of paragraph (24) and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(25) provides that the State shall have in effect 
     procedures for the orderly and timely interstate placement of 
     children; and procedures implemented in accordance with an 
     interstate compact approved by the Secretary, if 
     incorporating the procedures prescribed by paragraph (26), 
     shall be considered to satisfy the requirement of this 
     paragraph.''.

     SEC. 4. HOME STUDIES.

       (a) Orderly Process.--
       (1) In general.--Section 471(a) of the Social Security Act 
     (42 U.S.C. 671(a)) is further amended--
       (A) by striking ``and'' at the end of paragraph (24);
       (B) by striking the period at the end of paragraph (25) and 
     inserting ``; and''; and

[[Page S8966]]

       (C) by adding at the end the following:
       ``(26) provides that--
       ``(A) within 60 days after the State receives from another 
     State a request to conduct a study of a home environment for 
     purposes of assessing the appropriateness of placing a child 
     in the home, the State shall, directly or by contract--
       ``(i) conduct and complete the study; and
       ``(ii) return to the other State a report on the results of 
     the study, which shall address the extent to which placement 
     in the home would meet the needs of the child;
       ``(B) the State shall treat any report described in 
     subparagraph (A) that is received from another State (or from 
     a private agency under contract with another State) as 
     meeting any requirements imposed by the State for the 
     completion of a home study before placing a child in the 
     home, unless, within 7 days after receipt of the report, the 
     State determines, based on grounds that are specific to the 
     content of the report, that making a decision in reliance on 
     the report would be contrary to the welfare of the child; and
       ``(C) the State shall not impose any restriction on the 
     ability of a State agency administering, or supervising the 
     administration of, a State program operated under a State 
     plan approved under this part to contract with a private 
     agency for the conduct of a home study described in 
     subparagraph (A).''.
       (2) Sense of the congress.--It is the sense of the Congress 
     that each State should--
       (A) use private agencies to conduct home studies when doing 
     so is necessary to meet the requirements of section 
     471(a)(26) of the Social Security Act; and
       (B) give full faith and credit to any home study report 
     completed by any other State with respect to the placement of 
     a child in foster care or for adoption.
       (b) Timely Interstate Home Study Incentive Payments.--Part 
     E of title IV of the Social Security Act (42 U.S.C. 670-679b) 
     is amended by inserting after section 473A the following:

     ``SEC. 473B. TIMELY INTERSTATE HOME STUDY INCENTIVE PAYMENTS.

       ``(a) Grant Authority.--The Secretary shall make a grant to 
     each State that is a home study incentive-eligible State for 
     a fiscal year in an amount equal to the timely interstate 
     home study incentive payment payable to the State under this 
     section for the fiscal year, which shall be payable in the 
     immediately succeeding fiscal year.
       ``(b) Home Study Incentive-Eligible State.--A State is a 
     home study incentive-eligible State for a fiscal year if--
       ``(1) the State has a plan approved under this part for the 
     fiscal year;
       ``(2) the State is in compliance with subsection (c) for 
     the fiscal year; and
       ``(3) based on data submitted and verified pursuant to 
     subsection (c), the State has completed a timely interstate 
     home study during the fiscal year.
       ``(c) Data Requirements.--
       ``(1) In general.--A State is in compliance with this 
     subsection for a fiscal year if the State has provided to the 
     Secretary a written report, covering the preceding fiscal 
     year, that specifies--
       ``(A) the total number of interstate home studies requested 
     by the State with respect to children in foster care under 
     the responsibility of the State, and with respect to each 
     such study, the identity of the other State involved; and
       ``(B) the total number of timely interstate home studies 
     completed by the State with respect to children in foster 
     care under the responsibility of other States, and with 
     respect to each such study, the identity of the other State 
     involved.
       ``(2) Verification of data.--In determining the number of 
     timely interstate home studies to be attributed to a State 
     under this section, the Secretary shall check the data 
     provided by the State under paragraph (1) against 
     complementary data so provided by other States.
       ``(d) Timely Interstate Home Study Incentive Payments.--
       ``(1) In general.--Except as provided in paragraph (2) of 
     this subsection, the timely interstate home study incentive 
     payment payable to a State for a fiscal year shall be $1,000, 
     multiplied by the number of timely interstate home studies 
     attributed to the State under this section during the fiscal 
     year.
       ``(2) Pro rata adjustment if insufficient funds 
     available.--If the total amount of timely interstate home 
     study incentive payments otherwise payable under this section 
     for a fiscal year exceeds the total of the amounts made 
     available pursuant to subsection (h) for the fiscal year, the 
     amount of each such otherwise payable incentive payment shall 
     be reduced by a percentage equal to--
       ``(A) the total of the amounts so made available; divided 
     by
       ``(B) the total of such otherwise payable incentive 
     payments.
       ``(e) 2-Year Availability of Incentive Payments.--Payments 
     to a State under this section in a fiscal year shall remain 
     available for use by the State through the end of the next 
     fiscal year.
       ``(f) Limitations on Use of Incentive Payments.--A State 
     shall not expend an amount paid to the State under this 
     section except to provide to children or families any service 
     (including post-adoption services) that may be provided under 
     part B or E. Amounts expended by a State in accordance with 
     the preceding sentence shall be disregarded in determining 
     State expenditures for purposes of Federal matching payments 
     under sections 423, 434, and 474.
       ``(g) Definitions.--In this section:
       ``(1) Home study.--The term `home study' means a study of a 
     home environment, conducted in accordance with applicable 
     requirements of the State in which the home is located, for 
     the purpose of assessing whether placement of a child in the 
     home would be appropriate for the child.
       ``(2) Interstate home study.--The term `interstate home 
     study' means a home study conducted by a State at the request 
     of another State, to facilitate an adoptive or relative 
     placement in the State.
       ``(3) Timely interstate home study.--The term `timely 
     interstate home study' means an interstate home study 
     completed by a State if the State provides to the State that 
     requested the study, within 30 days after receipt of the 
     request, a report on the results of the study.
       ``(h) Limitations on Authorization of Appropriations.--
       ``(1) In general.--For grants under subsection (a), there 
     are authorized to be appropriated to the Secretary 
     $10,000,000 for fiscal year 2005.
       ``(2) Availability.--Amounts appropriated under paragraph 
     (1) are authorized to remain available until expended.''.
       (c) Repealer.--Effective October 1, 2008, section 473B of 
     the Social Security Act is repealed.

     SEC. 5. REQUIREMENT TO CHECK CHILD ABUSE REGISTRIES; OPT-OUT 
                   ELIMINATED.

       Section 471(a)(20) of the Social Security Act (42 U.S.C. 
     671(a)(20)) is amended--
       (1) in subparagraph (A), by striking ``unless an election 
     provided for in subparagraph (B) is made with respect to the 
     State,''; and
       (2) by striking subparagraph (B) and inserting the 
     following:
       ``(B) provides that the State shall--
       ``(i) check any child abuse and neglect registry maintained 
     by the State for information on any prospective foster or 
     adoptive parent and on any other adult living in the home of 
     such a prospective parent, and request any other State in 
     which any such prospective parent or other adult has resided 
     in the preceding 5 years, to enable the State to check any 
     child abuse and neglect registry maintained by such other 
     State for such information, before the prospective foster or 
     adoptive parent may be finally approved for placement of a 
     child, regardless of whether foster care maintenance payments 
     or adoption assistance payments are to be made on behalf of 
     the child under the State plan under this part;
       ``(ii) comply with any request described in clause (i) that 
     is received from another State; and
       ``(iii) have in place safeguards to prevent the 
     unauthorized disclosure of information in any child abuse and 
     neglect registry maintained by the State, and to prevent any 
     such information obtained pursuant to this subparagraph from 
     being used for a purpose other than the conducting of 
     background checks in foster or adoptive placement cases;''.

     SEC. 6. COURTS ALLOWED ACCESS TO THE FEDERAL PARENT LOCATOR 
                   SERVICE TO LOCATE PARENTS IN FOSTER CARE OR 
                   ADOPTIVE PLACEMENT CASES.

       Section 453(c) of the Social Security Act (42 U.S.C. 
     653(c)) is amended--
       (1) by striking ``and'' at the end of paragraph (3);
       (2) by striking the period and inserting ``; and''; and
       (3) by adding at the end the following:
       ``(5) any court which has authority with respect to the 
     placement of a child in foster care or for adoption, but only 
     for the purpose of locating a parent of the child.''.

     SEC. 7. CASEWORKER VISITS.

       (a) Purchase of Services in Interstate Placement Cases.--
     Section 475(5)(A)(ii) of the Social Security Act (42 U.S.C. 
     675(5)(A)(ii)) is amended by striking ``or of the State in 
     which the child has been placed'' and inserting ``of the 
     State in which the child has been placed, or of a private 
     agency under contract with either such State''.
       (b) Increased Visits.--Section 475(5)(A)(ii) of such Act 
     (42 U.S.C. 675(5)(A)(ii)) is amended by striking ``12'' and 
     inserting ``6''.

     SEC. 8. HEALTH AND EDUCATION RECORDS.

       Section 475 of the Social Security Act (42 U.S.C. 675) is 
     amended--
       (1) in paragraph (1)(C)--
       (A) by striking ``To the extent available and accessible, 
     the'' and inserting ``The''; and
       (B) by inserting ``the most recent information available 
     regarding'' after ``including''; and
       (2) in paragraph (5)(D)--
       (A) by inserting ``a copy of the record is'' before 
     ``supplied''; and
       (B) by inserting ``, and is supplied to the child at the 
     time the child leaves foster care if the child is leaving 
     foster care by reason of having attained the age of majority 
     under State law'' before the semicolon.

     SEC. 9. RIGHT TO BE HEARD IN FOSTER CARE PROCEEDINGS.

       (a) In General.--Section 475(5)(G) of the Social Security 
     Act (42 U.S.C. 675(5)(G)) is amended--
       (1) by striking ``an opportunity'' and inserting ``a 
     right'';
       (2) by striking ``and opportunity'' and inserting ``and 
     right''; and
       (3) by striking ``review or hearing'' each place it appears 
     and inserting ``proceeding''.

[[Page S8967]]

       (b) Notice of Proceeding.--Section 438(b) of such Act (42 
     U.S.C. 638(b)) is amended by inserting ``shall have in effect 
     a rule requiring State courts to notify foster parents, pre-
     adoptive parents, and relative caregivers of a child in 
     foster care under the responsibility of the State of any 
     proceeding to be held with respect to the child, and'' after 
     ``highest State court''.

     SEC. 10. REASONABLE EFFORTS.

       (a) In General.--Section 471(a)(15)(C) of the Social 
     Security Act (42 U.S.C. 671(a)(15)(C)) is amended by 
     inserting ``(including, if appropriate, through an interstate 
     placement)'' after ``accordance with the permanency plan''.
       (b) Permanency Hearing.--Section 471(a)(15)(E)(i) of such 
     Act (42 U.S.C. 671(a)(15)(E)(i)) is amended by inserting ``, 
     which considers in-State and out-of-State permanent placement 
     options for the child,'' before ``shall''.
       (c) Concurrent Planning.--Section 471(a)(15)(F) of such Act 
     (42 U.S.C. 671(a)(15)(F)) is amended by inserting ``, 
     including identifying appropriate out-of-State relatives and 
     placements'' before ``may''.

     SEC. 11. CASE PLANS.

       Section 475(1)(E) of the Social Security Act (42 U.S.C. 
     675(1)(E)) is amended by inserting ``to facilitate orderly 
     and timely interstate placements'' before the period.

     SEC. 12. CASE REVIEW SYSTEM.

       Section 475(5)(C) of the Social Security Act (42 U.S.C. 
     675(5)(C) is amended--
       (1) by inserting ``, in the case of a child who will not be 
     returned to the parent, the hearing shall consider in-State 
     and out-of-State placement options,'' after ``living 
     arrangement''; and
       (2) by inserting ``the hearing shall determine'' before 
     ``whether the''.

     SEC. 13. USE OF INTERJURISDICTIONAL RESOURCES.

       Section 422(b)(12) of the Social Security Act (42 U.S.C. 
     622(b)(12)) is amended--
       (1) by striking ``develop plans for the'' and inserting 
     ``make'';
       (2) by inserting ``(including through contracts for the 
     purchase of services)'' after ``resources''; and
       (3) by inserting ``, and shall eliminate legal barriers,'' 
     before ``to facilitate''.

     SEC. 14. GAO STUDY ON CHILD WELFARE BACKGROUND CHECKS.

       (a) Study.--The Comptroller General of the United States 
     shall conduct a study of background checks that are performed 
     for the purpose of determining the appropriateness of placing 
     in a foster or adoptive home a child who is under the custody 
     of a State. The study shall review the policies and practices 
     of States in order to--
       (1) identify the most common delays in the background 
     clearance process and where in the process the delays occur;
       (2) describe when background checks are initiated;
       (3) determine which of local, State, or Federal (such as 
     FBI) background checks are used, how long it takes, on 
     average, for each kind of check to be processed, which crimes 
     or other events are included in each kind of check, how the 
     States differ in classifying the crimes and other events 
     checked, and how the information revealed by the checks is 
     used in determining eligibility to act as a foster or 
     adoptive parent;
       (4) examine the barriers child welfare agencies face in 
     accessing criminal background check information;
       (5) examine the use of the latest information-sharing 
     technology, including electronic fingerprinting and 
     participation in the Integrated Automated Fingerprinting 
     Information System;
       (6) identify the varied uses of such technology for child 
     welfare purposes as opposed to criminal justice purposes; and
       (7) recommend best practices that can increase the speed, 
     efficiency, and accuracy of child welfare background checks 
     at all levels of government.
       (b) Report to the Congress.--Within 12 months after the 
     date of the enactment of this Act, the Comptroller General of 
     the United States shall submit to the Committees on Ways and 
     Means and on Education and the Workforce of the House of 
     Representatives and the Committees on Finance and on Health, 
     Education, Labor, and Pensions of the Senate a report which 
     contains the results of the study required by subsection (a).

     SEC. 15. EFFECTIVE DATE.

       (a) In General.--Except as provided in subsection (b), the 
     amendments made by this Act shall take effect on October 1, 
     2004, and shall apply to payments under parts B and E of 
     title IV of the Social Security Act for calendar quarters 
     beginning on or after such date, without regard to whether 
     regulations to implement the amendments are promulgated by 
     such date.
       (b) Delay Permitted If State Legislation Required.--If the 
     Secretary of Health and Human Services determines that State 
     legislation (other than legislation appropriating funds) is 
     required in order for a State plan under part B or E of title 
     IV of the Social Security Act to meet the additional 
     requirements imposed by the amendments made by this Act, the 
     plan shall not be regarded as failing to meet any of the 
     additional requirements before the 1st day of the 1st 
     calendar quarter beginning after the first regular session of 
     the State legislature that begins after the date of the 
     enactment of this Act. If the State has a 2-year legislative 
     session, each year of the session is deemed to be a separate 
     regular session of the State legislature.

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