[Congressional Record Volume 152, Number 122 (Tuesday, September 26, 2006)]
[House]
[Pages H7375-H7387]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
{time} 1400
CHILD AND FAMILY SERVICES IMPROVEMENT ACT OF 2006
Mr. HERGER. Mr. Speaker, I move to suspend the rules and concur in
the Senate amendments to the House amendments to the Senate bill (S.
3525) to amend subpart 2 of part B of title IV of the Social Security
Act to improve outcomes for children in families affected by
methamphetamine abuse and addiction, to reauthorize the promoting safe
and stable families program, and for other purposes.
The Clerk read as follows:
Senate amendments to House amendments:
In lieu of the matter proposed to be inserted by the House
amendment to the text of the bill, insert:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Child and Family Services
Improvement Act of 2006''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) For Federal fiscal year 2004, child protective services
(CPS) staff nationwide reported investigating or assessing an
estimated 3,000,000 allegations of child maltreatment, and
determined that 872,000 children had been abused or neglected
by their parents or other caregivers.
(2) Combined, the Child Welfare Services (CWS) and
Promoting Safe and Stable Families (PSSF) programs provide
States about $700,000,000 per year, the largest source of
targeted Federal funding in the child protection system for
services to ensure that children are not abused or neglected
and, whenever possible, help children remain safely with
their families.
(3) A 2003 report by the Government Accountability Office
(GAO) reported that little research is available on the
effectiveness of activities supported by CWS funds--
evaluations of services supported by PSSF funds have
generally shown little or no effect.
(4) Further, the Department of Health and Human Services
recently completed initial Child and Family Service Reviews
(CFSRs) in each State. No State was in full compliance with
all measures of the CFSRs. The CFSRs also revealed that
States need to work to prevent repeat abuse and neglect of
children, improve services provided to families to reduce the
risk of future harm (including by better monitoring the
participation of families in services), and strengthen
upfront services provided to families to prevent unnecessary
family break-up and protect children who remain at home.
(5) Federal policy should encourage States to invest their
CWS and PSSF funds in services that promote and protect the
welfare of children, support strong, healthy families, and
reduce the reliance on out-of-home care, which will help
ensure all children are raised in safe, loving families.
(6) CFSRs also found a strong correlation between frequent
caseworker visits with children and positive outcomes for
these children, such as timely achievement of permanency and
other indicators of child well-being.
(7) However, a December 2005 report by the Department of
Health and Human Services Office of Inspector General found
that only 20 States were able to produce reports to show
whether caseworkers actually visited children in foster care
on at least a monthly basis, despite the fact that nearly all
States had written standards suggesting monthly visits were
State policy.
(8) A 2003 GAO report found that the average tenure for a
child welfare caseworker is less than 2 years and this level
of turnover negatively affects safety and permanency for
children.
(9) Targeting CWS and PSSF funds to ensure children in
foster care are visited on at least a monthly basis will
promote better outcomes for vulnerable children, including by
preventing further abuse and neglect.
(10) According to the Office of Applied Studies of the
Substance Abuse and Mental Health Services Administration,
the annual number of new uses of Methamphetamine, also known
as ``meth,'' has increased 72 percent over the past decade.
According to a study conducted by the National Association of
Counties which surveyed 500 county law enforcement agencies
in 45 states, 88 percent of the agencies surveyed reported
increases in meth related arrests starting 5 years ago.
(11) According to the 2004 National Survey on Drug Use and
Health, nearly 12,000,000 Americans have tried
methamphetamine. Meth making operations have been uncovered
in all 50 states, but the most wide-spread abuse has been
concentrated in the western, southwestern, and Midwestern
United States.
(12) Methamphetamine abuse is on the increase, particularly
among women of child-bearing age. This is having an impact on
child welfare systems in many States. According to a survey
administered by the National Association of Counties (``The
Impact of Meth on Children''), conducted in 300 counties in
13 states, meth is a major cause of child abuse and neglect.
Forty percent of all the child welfare officials in the
survey reported an increase in out-of-home placements because
of meth in 2005.
(13) It is appropriate also to target PSSF funds to address
this issue because of the unique strain the meth epidemic
puts on child welfare agencies. Outcomes for children
affected by meth are enhanced when services provided by law
enforcement, child welfare and substance abuse agencies are
integrated.
[[Page H7376]]
SEC. 3. REAUTHORIZATION OF THE PROMOTING SAFE AND STABLE
FAMILIES PROGRAM.
(a) Funding of Mandatory Grants at $345 Million Per Fiscal
Year.--Effective October 1, 2006, section 436(a) of the
Social Security Act (42 U.S.C. 629f(a)) is amended by
striking ``fiscal year 2006.'' and all that follows and
inserting ``each of fiscal years 2007 through 2011''.
(b) Funding of Discretionary Grants.--Section 437(a) of
such Act (42 U.S.C. 629g(a)) is amended by striking ``2002
through 2006'' and inserting ``2007 through 2011''.
(c) Availability of Promoting Safe and Stable Families
Resources for Fiscal Year 2006.--
(1) Appropriation.--Out of any money in the Treasury of the
United States not otherwise appropriated, there are
appropriated to the Secretary of Health and Human Services
$40,000,000 for fiscal year 2006 to carry out section 436 of
the Social Security Act, in addition to any amount otherwise
made available for fiscal year 2006 to carry out such
section.
(2) Availability of funds.--Notwithstanding sections
434(b)(2) and 436(b)(3) of such Act, the amount appropriated
under paragraph (1) of this subsection--
(A) shall remain available for expenditure through fiscal
year 2009 solely for the purpose described in section
436(b)(4)(B)(i) of such Act;
(B) shall not be used to supplant any Federal funds paid
under part E of title IV of such Act that could be used for
that purpose; and
(C) shall not be made available to any Indian tribe or
tribal consortium.
(d) Elimination of Findings.--Section 430 of such Act (42
U.S.C. 629) is amended by striking all through ``(b)
Purpose.--The purpose'' and inserting the following:
``SEC. 430. PURPOSE.
``The purpose''.
(e) Annual Budget Requests, Summaries, and Expenditure
Reports.--
(1) In general.--Section 432(a)(8) of such Act (42 U.S.C.
629b(a)(8)) is amended--
(A) by inserting ``(A)'' after ``(8)''; and
(B) by adding at the end the following:
``(B) provides that, not later than June 30 of each year,
the State will submit to the Secretary--
``(i) copies of forms CFS 101-Part I and CFS 101-Part II
(or any successor forms) that report on planned child and
family services expenditures by the agency for the
immediately succeeding fiscal year; and
``(ii) copies of forms CFS 101-Part I and CFS 101-Part II
(or any successor forms) that provide, with respect to the
programs authorized under this subpart and subpart 1 and, at
State option, other programs included on such forms, for the
most recent preceding fiscal year for which reporting of
actual expenditures is complete--
``(I) the numbers of families and of children served by the
State agency;
``(II) the population served by the State agency;
``(III) the geographic areas served by the State agency;
and
``(IV) the actual expenditures of funds provided to the
State agency; and''.
(2) Annual submission of state reports to congress.--
Section 432 of such Act (42 U.S.C. 629b) is amended by adding
at the end the following:
``(c) Annual Submission of State Reports to Congress.--The
Secretary shall compile the reports required under subsection
(a)(8)(B) and, not later than September 30 of each year,
submit such compilation to the Committee on Ways and Means of
the House of Representatives and the Committee on Finance of
the Senate.''.
(3) Effective date; initial deadlines for submissions.--The
amendments made by this subsection take effect on the date of
enactment of this Act. Each State with an approved plan under
subpart 1 or 2 of part B of title IV of the Social Security
Act shall make its initial submission of the forms required
under section 432(a)(8)(B) of the Social Security Act to the
Secretary of Health and Human Services by June 30, 2007, and
the Secretary of Health and Human Services shall submit the
first compilation required under section 432(c) of the Social
Security Act by September 30, 2007.
(f) Limitation on Administrative Cost Reimbursement.--
(1) In general.--Section 434 of such Act (42 U.S.C. 629d)
is amended--
(A) in subsection (a), by inserting ``, subject to
subsection (d),'' after ``shall''; and
(B) by adding at the end the following:
``(d) Limitation on Reimbursement for Administrative
Costs.--The Secretary shall not make a payment to a State
under this section with respect to expenditures for
administrative costs during a fiscal year, to the extent that
the total amount of the expenditures exceeds 10 percent of
the total expenditures of the State during the fiscal year
under the State plan approved under section 432.''.
(2) Effective date.--The amendments made by paragraph (1)
shall apply to expenditures made on or after October 1, 2007.
SEC. 4. TARGETING OF PROMOTING SAFE AND STABLE FAMILIES
PROGRAM RESOURCES.
(a) Support for Monthly Caseworker Visits.--
(1) Reservation and use of funds.--Section 436(b) of the
Social Security Act (42 U.S.C. 629f(b)) is amended by adding
at the end the following:
``(4) Support for monthly caseworker visits.--
``(A) Reservation.--The Secretary shall reserve for
allotment in accordance with section 433(e)--
``(i) $5,000,000 for fiscal year 2008;
``(ii) $10,000,000 for fiscal year 2009; and
``(iii) $20,000,000 for each of fiscal years 2010 and 2011.
``(B) Use of funds.--
``(i) In general.--A State to which an amount is paid from
amounts reserved under subparagraph (A) shall use the amount
to support monthly caseworker visits with children who are in
foster care under the responsibility of the State, with a
primary emphasis on activities designed to improve caseworker
retention, recruitment, training, and ability to access the
benefits of technology.
``(ii) Nonsupplantation.--A State to which an amount is
paid from amounts reserved pursuant to subparagraph (A) shall
not use the amount to supplant any Federal funds paid to the
State under part E that could be used as described in clause
(i).''.
(2) Allotment of funds.--Section 433 of such Act (42 U.S.C.
629c) is amended--
(A) in subsection (d), by inserting ``subsection (a), (b),
or (c) of'' before ``this section'' the 1st and 2nd places it
appears; and
(B) by adding at the end the following:
``(e) Allotment of Funds Reserved To Support Monthly
Caseworker Visits.--
``(1) Territories.--From the amount reserved pursuant to
section 436(b)(4)(A) for any fiscal year, the Secretary shall
allot to each jurisdiction specified in subsection (b) of
this section, that has provided to the Secretary such
documentation as may be necessary to verify that the
jurisdiction has complied with section 436(b)(4)(B)(ii)
during the fiscal year, an amount determined in the same
manner as the allotment to each of such jurisdictions is
determined under section 423 (without regard to the initial
allotment of $70,000 to each State).
``(2) Other states.--From the amount reserved pursuant to
section 436(b)(4)(A) for any fiscal year that remains after
applying paragraph (1) of this subsection for the fiscal
year, the Secretary shall allot to each State (other than an
Indian tribe) not specified in subsection (b) of this
section, that has provided to the Secretary such
documentation as may be necessary to verify that the State
has complied with section 436(b)(4)(B)(ii) during the fiscal
year, an amount equal to such remaining amount multiplied by
the food stamp percentage of the State (as defined in
subsection (c)(2) of this section) for the fiscal year,
except that in applying subsection (c)(2)(A) of this section,
`subsection (e)(2)' shall be substituted for `such paragraph
(1)'.''.
(3) Payments to states.--Section 434(a) of such Act (42
U.S.C. 629d(a)), as amended by section 3(f)(1) of this Act,
is amended by striking ``the lesser of--'' and all that
follows and inserting the following: ``the sum of--
``(1) the lesser of--
``(A) 75 percent of the total expenditures by the State for
activities under the plan during the fiscal year or the
immediately succeeding fiscal year; or
``(B) the allotment of the State under subsection (a), (b),
or (c) of section 433, whichever is applicable, for the
fiscal year; and
``(2) the lesser of--
``(A) 75 percent of the total expenditures by the State in
accordance with section 436(b)(4)(B) during the fiscal year
or the immediately succeeding fiscal year; or
``(B) the allotment of the State under section 433(e) for
the fiscal year.''.
(b) Support for Targeted Grants To Increase the Well Being
Of, and To Improve the Permanency Outcomes For, Children
Affected by Methamphetamine or Other Substance Abuse.--
(1) Reservation of funds.--Section 436(b) of such Act (42
U.S.C. 629f(b)), as amended by subsection (a)(1) of this
section, is amended by adding at the end the following:
``(5) Regional partnership grants.--The Secretary shall
reserve for awarding grants under section 437(f)--
``(A) $40,000,000 for fiscal year 2007;
``(B) $35,000,000 for fiscal year 2008;
``(C) $30,000,000 for fiscal year 2009; and
``(D) $20,000,000 for each of fiscal years 2010 and
2011.''.
(2) Targeted grants.--
(A) In general.--Section 437 of such Act (42 U.S.C. 629g)
is amended by adding at the end the following:
``(f) Targeted Grants To Increase the Well Being Of, and To
Improve the Permanency Outcomes For, Children Affected by
Methamphetamine or Other Substance Abuse.--
``(1) Purpose.--The purpose of this subsection is to
authorize the Secretary to make competitive grants to
regional partnerships to provide, through interagency
collaboration and integration of programs and services,
services and activities that are designed to increase the
well-being of, improve permanency outcomes for, and enhance
the safety of children who are in an out-of-home placement or
are at risk of being placed in an out-of-home placement as a
result of a parent's or caretaker's methamphetamine or other
substance abuse.
``(2) Regional partnership defined.--
``(A) In general.--In this subsection, the term `regional
partnership' means a collaborative agreement (which may be
established on an interstate or intrastate basis) entered
into by at least 2 of the following:
``(i) The State child welfare agency that is responsible
for the administration of the State plan under this part and
part E.
``(ii) The State agency responsible for administering the
substance abuse prevention and treatment block grant provided
under subpart II of part B of title XIX of the Public Health
Service Act.
``(iii) An Indian tribe or tribal consortium.
``(iv) Nonprofit child welfare service providers.
``(v) For-profit child welfare service providers.
``(vi) Community health service providers.
``(vii) Community mental health providers.
``(viii) Local law enforcement agencies.
[[Page H7377]]
``(ix) Judges and court personnel.
``(x) Juvenile justice officials.
``(xi) School personnel.
``(xii) Tribal child welfare agencies (or a consortia of
such agencies).
``(xiii) Any other providers, agencies, personnel,
officials, or entities that are related to the provision of
child and family services under this subpart.
``(B) Requirements.--
``(i) State child welfare agency partner.--Subject to
clause (ii)(I), a regional partnership entered into for
purposes of this subsection shall include the State child
welfare agency that is responsible for the administration of
the State plan under this part and part E as 1 of the
partners.
``(ii) Regional partnerships entered into by indian tribes
or tribal consortia.--If an Indian tribe or tribal consortium
enters into a regional partnership for purposes of this
subsection, the Indian tribe or tribal consortium--
``(I) may (but is not required to) include such State child
welfare agency as a partner in the collaborative agreement;
and
``(II) may not enter into a collaborative agreement only
with tribal child welfare agencies (or a consortium of such
agencies).
``(iii) No state agency only partnerships.--If a State
agency described in clause (i) or (ii) of subparagraph (A)
enters into a regional partnership for purposes of this
subsection, the State agency may not enter into a
collaborative agreement only with the other State agency
described in such clause (i) or (ii).
``(3) Authority to award grants.--
``(A) In general.--In addition to amounts authorized to be
appropriated to carry out this section, the Secretary shall
award grants under this subsection, from the amounts reserved
for each of fiscal years 2007 through 2011 under section
436(b)(5), to regional partnerships that satisfy the
requirements of this subsection, in amounts that are not less
than $500,000 and not more than $1,000,000 per grant per
fiscal year.
``(B) Required minimum period of approval.--A grant shall
be awarded under this subsection for a period of not less
than 2, and not more than 5, fiscal years.
``(4) Application requirements.--To be eligible for a grant
under this subsection, a regional partnership shall submit to
the Secretary a written application containing the following:
``(A) Recent evidence demonstrating that methamphetamine or
other substance abuse has had a substantial impact on the
number of out-of-home placements for children, or the number
of children who are at risk of being placed in an out-of-home
placement, in the partnership region.
``(B) A description of the goals and outcomes to be
achieved during the funding period for the grant that will--
``(i) enhance the well-being of children receiving services
or taking part in activities conducted with funds provided
under the grant;
``(ii) lead to safety and permanence for such children; and
``(iii) decrease the number of out-of-home placements for
children, or the number of children who are at risk of being
placed in an out-of-home placement, in the partnership
region.
``(C) 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 funding period for the grant.
``(D) A description of the strategies for integrating
programs and services determined to be appropriate for the
child and where appropriate, the child's family.
``(E) A description of the strategies for--
``(i) collaborating with the State child welfare agency
described in paragraph (2)(A)(i) (unless that agency is the
lead applicant for the regional partnership); and
``(ii) consulting, as appropriate, with--
``(I) the State agency described in paragraph (2)(A)(ii);
and
``(II) the State law enforcement and judicial agencies.
To the extent the Secretary determines that the requirement
of this subparagraph would be inappropriate to apply to a
regional partnership that includes an Indian tribe, tribal
consortium, or a tribal child welfare agency or a consortium
of such agencies, the Secretary may exempt the regional
partnership from the requirement.
``(F) Such other information as the Secretary may require.
``(5) Use of funds.--Funds made available under a grant
made under this subsection shall only be used for services or
activities that are consistent with the purpose of this
subsection and may include the following:
``(A) Family-based comprehensive long-term substance abuse
treatment services.
``(B) Early intervention and preventative services.
``(C) Children and family counseling.
``(D) Mental health services.
``(E) Parenting skills training.
``(F) Replication of successful models for providing
family-based comprehensive long-term substance abuse
treatment services.
``(6) Matching requirement.--
``(A) Federal share.--A grant awarded under this subsection
shall be available to pay a percentage share of the costs of
services provided or activities conducted under such grant,
not to exceed--
``(i) 85 percent for the first and second fiscal years for
which the grant is awarded to a recipient;
``(ii) 80 percent for the third and fourth such fiscal
years; and
``(iii) 75 percent for the fifth such fiscal year.
``(B) Non-federal share.--The non-Federal share of the cost
of services provided or activities conducted under a grant
awarded under this subsection may be in cash or in kind. In
determining the amount of the non-Federal share, the
Secretary may attribute fair market value to goods, services,
and facilities contributed from non-Federal sources.
``(7) Considerations in awarding grants.--In awarding
grants under this subsection, the Secretary shall--
``(A) take into consideration the extent to which applicant
regional partnerships--
``(i) demonstrate that methamphetamine or other substance
abuse by parents or caretakers has had a substantial impact
on the number of out-of-home placements for children, or the
number of children who are at risk of being placed in an out-
of-home placement, in the partnership region;
``(ii) have limited resources for addressing the needs of
children affected by such abuse;
``(iii) have a lack of capacity for, or access to,
comprehensive family treatment services; and
``(iv) demonstrate a plan for sustaining the services
provided by or activities funded under the grant after the
conclusion of the grant period; and
``(B) after taking such factors into consideration, give
greater weight to awarding grants to regional partnerships
that propose to address methamphetamine abuse and addiction
in the partnership region (alone or in combination with other
drug abuse and addiction) and which demonstrate that
methamphetamine abuse and addiction (alone or in combination
with other drug abuse and addiction) is adversely affecting
child welfare in the partnership region.
``(8) Performance indicators.--
``(A) In general.--Not later than 9 months after the date
of enactment of this subsection, the Secretary shall
establish indicators that will be used to assess periodically
the performance of the grant recipients under this subsection
in using funds made available under such grants to achieve
the purpose of this subsection.
``(B) Consultation required.--In establishing the
performance indicators required by subparagraph (A), the
Secretary shall consult with the following:
``(i) The Assistant Secretary for the Administration for
Children and Families.
``(ii) The Administrator of the Substance Abuse and Mental
Health Services Administration.
``(iii) Representatives of States in which a State agency
described in clause (i) or (ii) of paragraph (2)(A) is a
member of a regional partnership that is a grant recipient
under this subsection.
``(iv) Representatives of Indian tribes, tribal consortia,
or tribal child welfare agencies that are members of a
regional partnership that is a grant recipient under this
subsection.
``(9) Reports.--
``(A) Grantee reports.--
``(i) Annual report.--Not later than September 30 of the
first fiscal year in which a recipient of a grant under this
subsection is paid funds under the grant, and annually
thereafter until September 30 of the last fiscal year in
which the recipient is paid funds under the grant, the
recipient shall submit to the Secretary a report on the
services provided or activities carried out during that
fiscal year with such funds. The report shall contain such
information as the Secretary determines is necessary to
provide an accurate description of the services provided or
activities conducted with such funds.
``(ii) Incorporation of information related to performance
indicators.--Each recipient of a grant under this subsection
shall incorporate into the first annual report required by
clause (i) that is submitted after the establishment of
performance indicators under paragraph (8), information
required in relation to such indicators.
``(B) Reports to congress.--On the basis of the reports
submitted under subparagraph (A), the Secretary annually
shall submit to the Committee on Ways and Means of the House
of Representatives and the Committee on Finance of the Senate
a report on--
``(i) the services provided and activities conducted with
funds provided under grants awarded under this subsection;
``(ii) the performance indicators established under
paragraph (8); and
``(iii) the progress that has been made in addressing the
needs of families with methamphetamine or other substance
abuse problems who come to the attention of the child welfare
system and in achieving the goals of child safety,
permanence, and family stability.''.
(B) Conforming amendments.--Section 437 of such Act (42
U.S.C. 629g) is amended--
(i) in the section heading, by inserting ``AND TARGETED''
after ``DISCRETIONARY''; and
(ii) in subsection (e), by striking ``this section'' and
inserting ``subsection (a)''.
(c) Evaluation, Research, and Technical Assistance With
Respect to Targeted Program Resources.--Section 435(c) of
such Act (42 U.S.C. 629e(c)) is amended to read as follows:
``(c) Evaluation, Research, and Technical Assistance With
Respect to Targeted Program Resources.--Of the amount
reserved under section 436(b)(1) for a fiscal year, the
Secretary shall use not less than--
``(1) $1,000,000 for evaluations, research, and providing
technical assistance with respect to supporting monthly
caseworker visits with children who are in foster care under
the responsibility of the State, in accordance with section
436(b)(4)(B)(i); and
``(2) $1,000,000 for evaluations, research, and providing
technical assistance with respect to grants under section
437(f).''.
SEC. 5. ALLOTMENTS AND GRANTS TO INDIAN TRIBES.
(a) Increase in Set-Asides for Indian Tribes.--
(1) Mandatory grants.--Section 436(b)(3) of the Social
Security Act (42 U.S.C. 629f(b)(3)) is amended by striking
``1'' and inserting ``3''.
[[Page H7378]]
(2) Discretionary grants.--Section 437(b)(3) of such Act
(42 U.S.C. 629g(b)(3)) is amended by striking ``2'' and
inserting ``3''.
(3) Effect of reservation of funds for targeted program
resources on amounts reserved for indian tribes.--Section
436(b)(3) of such Act (42 U.S.C. 629b(b)(3)) is amended by
striking ``The'' and inserting ``After applying paragraphs
(4) and (5) (but before applying paragraphs (1) or (2)),
the''.
(b) Authority for Tribal Consortia To Receive Allotments.--
(1) Allotment of mandatory funds.--
(A) In general.--Section 433(a) of such Act (42 U.S.C.
629c(a)) is amended--
(i) in the subsection heading, by inserting ``or Tribal
Consortia'' after ``Tribes''; and
(ii) by adding at the end the following new sentence: ``If
a consortium of Indian tribes submits a plan approved under
this subpart, the Secretary shall allot to the consortium an
amount equal to the sum of the allotments determined for each
Indian tribe that is part of the consortium.''.
(B) Conforming amendment.--Section 436(b)(3) of such Act
(42 U.S.C. 629f(b)(3)) is amended--
(i) in the paragraph heading, by inserting ``or tribal
consortia'' after ``tribes''; and
(ii) by inserting ``or tribal consortia'' after ``Indian
tribes''.
(2) Allotment of any discretionary funds.--Section 437 of
such Act (42 U.S.C. 629g) is amended--
(A) in subsection (b)(3)--
(i) in the paragraph heading, by inserting ``or tribal
consortia'' after ``tribes''; and
(ii) by inserting ``or tribal consortia'' after ``Indian
tribes''; and
(B) in subsection (c)(1)--
(i) in the paragraph heading, by inserting ``or tribal
consortia'' after ``tribes''; and
(ii) by adding at the end the following new sentence: ``If
a consortium of Indian tribes applies and is approved for a
grant under this section, the Secretary shall allot to the
consortium an amount equal to the sum of the allotments
determined for each Indian tribe that is part of the
consortium.''.
(3) Additional conforming amendments.--
(A) Plans of indian tribes.--Section 432(b)(2) of such Act
(42 U.S.C. 629b(b)(2)) is amended--
(i) in the paragraph heading, by inserting ``or tribal
consortia'' after ``tribes'';
(ii) in subparagraph (A), by inserting ``or tribal
consortium'' after ``Indian tribe'' each place it appears;
and
(iii) in subparagraph (B)--
(I) by inserting ``or tribal consortium'' after ``Indian
tribe''; and
(II) by inserting ``and tribal consortia'' after ``Indian
tribes''.
(B) Direct payments to tribal organizations.--Section
434(c) of such Act (42 U.S.C. 629d(c)) is amended--
(i) in the subsection heading, by inserting ``or Tribal
Consortia'' after ``Tribes''; and
(ii) by inserting ``or tribal consortium'' after ``Indian
tribe'' the first place it appears; and
(iii) by inserting ``or in the case of a payment to a
tribal consortium, such tribal organizations of, or entity
established by, the Indian tribes that are part of the
consortium as the consortium shall designate'' before the
period.
(C) Evaluations; research; technical assistance.--Section
435(d) of such Act (42 U.S.C. 629e(d)) is amended in the
matter preceding paragraph (1), by inserting ``or tribal
consortia'' after ``Indian tribes''.
(c) Collection of Data on Tribal Promoting Safe and Stable
Families Plans.--Section 432(b)(2)(A) of such Act (42 U.S.C.
629b(b)(2)(A)), as amended by subsection (b)(3)(A)(ii) of
this section, is amended by striking ``any requirement of
this section that the Secretary determines'' and inserting
``the requirements of subsection (a)(4) of this section to
the extent that the Secretary determines those
requirements''.
SEC. 6. IMPROVEMENTS TO THE CHILD WELFARE SERVICES PROGRAM.
(a) Funding.--Subpart 1 of part B of title IV of the Social
Security Act (42 U.S.C. 620-628b) is amended by striking
sections 420 and 425 and inserting after section 424 the
following:
``LIMITATIONS ON AUTHORIZATION OF APPROPRIATIONS
``Sec. 425. To carry out this subpart, there are authorized
to be appropriated to the Secretary not more than
$325,000,000 for each of fiscal years 2007 through 2011.''.
(b) Purpose of Program.--Such subpart is further amended--
(1) by striking section 424;
(2) by redesignating sections 421 and 423 as sections 423
and 424, respectively, and by transferring section 423 (as so
redesignated) so that it appears after section 422; and
(3) by inserting after the subpart heading the following:
``PURPOSE
``Sec. 421. The purpose of this subpart is to promote State
flexibility in the development and expansion of a coordinated
child and family services program that utilizes community-
based agencies and ensures all children are raised in safe,
loving families, by--
``(1) protecting and promoting the welfare of all children;
``(2) preventing the neglect, abuse, or exploitation of
children;
``(3) supporting at-risk families through services which
allow children, where appropriate, to remain safely with
their families or return to their families in a timely
manner;
``(4) promoting the safety, permanence, and well-being of
children in foster care and adoptive families; and
``(5) providing training, professional development and
support to ensure a well-qualified child welfare
workforce.''.
(c) Modification of State Plan Requirements.--Section 422
of such Act (42 U.S.C. 622) is amended--
(1) in subsection (b)--
(A) by striking paragraphs (3) through (5) and inserting
the following:
``(3) include a description of the services and activities
which the State will fund under the State program carried out
pursuant to this subpart, and how the services and activities
will achieve the purpose of this subpart;'';
(B) by striking paragraph (6) and inserting after paragraph
(3) (as added by subparagraph (A) of this paragraph) the
following:
``(4) contain a description of--
``(A) the steps the State will take to provide child
welfare services statewide and to expand and strengthen the
range of existing services and develop and implement services
to improve child outcomes; and
``(B) the child welfare services staff development and
training plans of the State;'';
(C) by redesignating paragraphs (7) through (9) as
paragraphs (5) through (7), respectively;
(D) in paragraph (10)--
(i) by striking subparagraph (A);
(ii) in subparagraph (B)(iii)(II), by inserting ``, which
may include a residential educational program'' after ``in
some other planned, permanent living arrangement'';
(iii) by redesignating subparagraph (B) as subparagraph
(A); and
(iv) by striking subparagraph (C) and inserting after
subparagraph (A) the following:
``(B) has in effect policies and administrative and
judicial procedures for children abandoned at or shortly
after birth (including policies and procedures providing for
legal representation of the children) which enable permanent
decisions to be made expeditiously with respect to the
placement of the children;'';
(E) in paragraph (14), by striking ``and'' at the end;
(F) in paragraph (15), by striking the period and inserting
a semicolon;
(G) by redesignating paragraphs (10) through (15) as
paragraphs (8) through (13), respectively; and
(H) by adding at the end the following:
``(14) not later than October 1, 2007, include assurances
that not more than 10 percent of the expenditures of the
State with respect to activities funded from amounts provided
under this subpart will be for administrative costs;
``(15) describe how the State actively consults with and
involves physicians or other appropriate medical
professionals in--
``(A) assessing the health and well-being of children in
foster care under the responsibility of the State; and
``(B) determining appropriate medical treatment for the
children; and
``(16) provide that, not later than 1 year after the date
of the enactment of this paragraph, the State shall have in
place procedures providing for how the State programs
assisted under this subpart, subpart 2 of this part, or part
E would respond to a disaster, in accordance with criteria
established by the Secretary which should include how a State
would--
``(A) identify, locate, and continue availability of
services for children under State care or supervision who are
displaced or adversely affected by a disaster;
``(B) respond, as appropriate, to new child welfare cases
in areas adversely affected by a disaster, and provide
services in those cases;
``(C) remain in communication with caseworkers and other
essential child welfare personnel who are displaced because
of a disaster;
``(D) preserve essential program records; and
``(E) coordinate services and share information with other
States.''; and
(2) by adding at the end the following:
``(c) Definitions.--In this subpart:
``(1) Administrative costs.--The term `administrative
costs' means costs for the following, but only to the extent
incurred in administering the State plan developed pursuant
to this subpart: procurement, payroll management, personnel
functions (other than the portion of the salaries of
supervisors attributable to time spent directly supervising
the provision of services by caseworkers), management,
maintenance and operation of space and property, data
processing and computer services, accounting, budgeting,
auditing, and travel expenses (except those related to the
provision of services by caseworkers or the oversight of
programs funded under this subpart).
``(2) Other terms.--For definitions of other terms used in
this part, see section 475.''.
(d) Provisions Relating to State Allotments.--Section 423
of such Act, as so redesignated by subsection (b)(2) of this
section, is amended--
(1) in subsection (a)--
(A) by inserting ``In General.--'' after ``(a)''; and
(B) by striking ``420'' and inserting ``425''; and
(2) in subsection (b), by inserting ``Determination of
State Allotment Percentages.--'' after ``(b)'';
(3) in subsection (c), by inserting ``Promulgation of State
Allotment Percentages.--'' after ``(c)'';
(4) in subsection (d)--
(A) by inserting ``United States Defined.--'' after
``(d)''; and
(B) by striking ``fifty'' and inserting ``50''; and
(5) by adding at the end the following:
``(e) Reallotment of Funds.--
``(1) In general.--The amount of any allotment to a State
for a fiscal year under the preceding provisions of this
section which the State certifies to the Secretary will not
be required for carrying out the State plan developed as
provided in section 422 shall be available for reallotment
from time to time, on such dates as the Secretary may fix, to
other States which the Secretary determines--
[[Page H7379]]
``(A) need sums in excess of the amounts allotted to such
other States under the preceding provisions of this section,
in carrying out their State plans so developed; and
``(B) will be able to so use such excess sums during the
fiscal year.
``(2) Considerations.--The Secretary shall make the
reallotments on the basis of the State plans so developed,
after taking into consideration--
``(A) the population under 21 years of age;
``(B) the per capita income of each of such other States as
compared with the population under 21 years of age; and
``(C) the per capita income of all such other States with
respect to which such a determination by the Secretary has
been made.
``(3) Amounts reallotted to a state deemed part of state
allotment.--Any amount so reallotted to a State is deemed
part of the allotment of the State under this section.''.
(e) Payments to States; Limitations on Use of Funds.--
(1) Limitations related to state expenditures for child
care, foster care maintenance payments, and adoption
assistance payments.--Section 424 of such Act, as so
redesignated by subsection (b)(2) of this section, is amended
by striking subsections (c) and (d) and inserting the
following:
``(c) Limitation on Use of Federal Funds for Child Care,
Foster Care Maintenance Payments, or Adoption Assistance
Payments.--The total amount of Federal payments under this
subpart for a fiscal year beginning after September 30, 2007,
that may be used by a State for expenditures for child care,
foster care maintenance payments, or adoption assistance
payments shall not exceed the total amount of such payments
for fiscal year 2005 that were so used by the State.
``(d) Limitation on Use by States of Non-Federal Funds for
Foster Care Maintenance Payments To Match Federal Funds.--For
any fiscal year beginning after September 30, 2007, State
expenditures of non-Federal funds for foster care maintenance
payments shall not be considered to be expenditures under the
State plan developed under this subpart for the fiscal year
to the extent that the total of such expenditures for the
fiscal year exceeds the total of such expenditures under the
State plan developed under this subpart for fiscal year
2005.''.
(2) Limitation on administrative cost reimbursement.--
(A) In general.--Section 424 of such Act (42 U.S.C. 623),
as so redesignated by subsection (b)(2) of this section, is
amended by adding at the end the following:
``(e) Limitation on Reimbursement for Administrative
Costs.--A payment may not be made to a State under this
section with respect to expenditures during a fiscal year for
administrative costs, to the extent that the total amount of
the expenditures exceeds 10 percent of the total expenditures
of the State during the fiscal year for activities funded
from amounts provided under this subpart.''.
(B) Effective date.--The amendment made by subparagraph (A)
shall apply to expenditures made on or after October 1, 2007.
(f) Conforming Amendments.--
(1) Section 428(b) of such Act (42 U.S.C. 628(b)) is
amended by striking ``421'' and inserting ``423''.
(2) Section 429 of such Act (42 U.S.C. 628a) is amended--
(A)(i) by striking the following:
``CHILD WELFARE TRAINEESHIPS
``Sec. 429. The Secretary''; and
(ii) inserting the following:
``(c) Child Welfare Traineeships.--The Secretary''; and
(B) by transferring the provision to the end of section 426
(as amended by section 11(b) of this Act).
(3) Section 429A of such Act (42 U.S.C. 628b) is
redesignated as section 429.
(4) Section 433(b) of such Act (42 U.S.C. 629c(b)) is
amended by striking ``421'' and inserting ``423''.
(5) Section 437(c)(2) of such Act (42 U.S.C. 629g(c)(2)) is
amended by striking ``421'' and inserting ``423''.
(6) Section 472(d) of such Act (42 U.S.C. 672(d)) is
amended by striking ``422(b)(10)'' and inserting
``422(b)(8)''.
(7) Section 473A(f) of such Act (42 U.S.C. 673b(f)) is
amended by striking ``423'' and inserting ``424''.
(8) Section 1130(b)(1) of such Act (42 U.S.C. 1320a-
9(b)(1)) is amended to read as follows:.
``(1) any provision of section 422(b)(8), or section 479;
or''.
(9) Section 104(b)(3) of the Intercountry Adoption Act of
2000 (42 U.S.C. 14914(b)(3)) is amended by striking
``422(b)(14) of the Social Security Act, as amended by
section 205 of this Act'' and inserting ``422(b)(12) of the
Social Security Act''.
SEC. 7. MONTHLY CASEWORKER STANDARD.
(a) State Plan Requirement.--Section 422(b) of the Social
Security Act (42 U.S.C. 622(b)), as amended by section 6(c)
of this Act, is amended--
(1) by striking ``and'' at the end of paragraph (15);
(2) by striking the period at the end of paragraph (16) and
inserting ``; and''; and
(3) by adding at the end the following:
``(17) not later than October 1, 2007, describe the State
standards for the content and frequency of caseworker visits
for children who are in foster care under the responsibility
of the State, which, at a minimum, ensure that the children
are visited on a monthly basis and that the caseworker visits
are well-planned and focused on issues pertinent to case
planning and service delivery to ensure the safety,
permanency, and well-being of the children.''.
(b) Enforcement.--Section 424 of the Social Security Act,
as so redesignated by section 6(b)(2) of this Act, is amended
by adding at the end the following:
``(e)(1) The Secretary may not make a payment to a State
under this subpart for a period in fiscal year 2008, unless
the State has provided to the Secretary data which shows, for
fiscal year 2007--
``(A) the percentage of children in foster care under the
responsibility of the State who were visited on a monthly
basis by the caseworker handling the case of the child; and
``(B) the percentage of the visits that occurred in the
residence of the child.
``(2)(A) Based on the data provided by a State pursuant to
paragraph (1), the Secretary, in consultation with the State,
shall establish, not later than June 30, 2008, an outline of
the steps to be taken to ensure, by October 1, 2011, that at
least 90 percent of the children in foster care under the
responsibility of the State are visited by their caseworkers
on a monthly basis, and that the majority of the visits occur
in the residence of the child. The outline shall include
target percentages to be reached each fiscal year, and should
include a description of how the steps will be implemented.
The steps may include activities designed to improve
caseworker retention, recruitment, training, and ability to
access the benefits of technology.
``(B) Beginning October 1, 2008, if the Secretary
determines that a State has not made the requisite progress
in meeting the goal described in subparagraph (A) of this
paragraph, then the percentage that shall apply for purposes
of subsection (a) of this section for the period involved
shall be the percentage set forth in such subsection (a)
reduced by--
``(i) 1, if the number of full percentage points by which
the State fell short of the target percentage established for
the State for the period pursuant to such subparagraph is
less than 10;
``(ii) 3, if the number of full percentage points by which
the State fell short, as described in clause (i), is not less
than 10 and less than 20; or
``(iii) 5, if the number of full percentage points by which
the State fell short, as described in clause (i), is not less
than 20.''.
(c) Reports.--
(1) Progress report.--Not later than March 31, 2010, the
Secretary of Health and Human Services shall submit to the
Committee on Ways and Means of the House of Representatives
and the Committee on Finance of the Senate a report that
outlines the progress made by the States in meeting the
standards referred to in section 422(b)(17) of the Social
Security Act, and offers recommendations developed in
consultation with State officials responsible for
administering child welfare programs and members of the State
legislature to assist States in their efforts to ensure that
foster children are visited on a monthly basis.
(2) Inclusion of information on caseworker visits in annual
child well-being outcome reports.--Section 479A of such Act
(42 U.S.C. 679b) is amended--
(A) by striking ``and'' at the end of paragraph (4);
(B) by striking the period at the end of paragraph (5) and
inserting ``; and''; and
(C) by adding at the end the following:
``(6) include in the report submitted pursuant to paragraph
(5) for fiscal year 2007 or any succeeding fiscal year,
State-by-State data on--
``(A) the percentage of children in foster care under the
responsibility of the State who were visited on a monthly
basis by the caseworker handling the case of the child; and
``(B) the percentage of the visits that occurred in the
residence of the child.''.
SEC. 8. REAUTHORIZATION OF PROGRAM FOR MENTORING CHILDREN OF
PRISONERS.
(a) In General.--Section 439 of the Social Security Act (42
U.S.C. 629i) is amended--
(1) in subsection (c), by striking ``2002 through 2006''
and inserting ``2007 through 2011''; and
(2) in subsection (h)--
(A) by striking paragraph (1) and inserting the following:
``(1) Limitations on authorization of appropriations.--To
carry out this section, there are authorized to be
appropriated to the Secretary such sums as may be necessary
for fiscal years 2007 through 2011.''; and
(B) in paragraph (2), by striking ``2.5'' and inserting
``4''.
(b) Service Delivery Demonstration Project.--
(1) In general.--Section 439 of such Act (42 U.S.C. 629i),
as amended by subsection (a) of this section, is amended--
(A) by redesignating subsections (g) and (h) as subsections
(h) and (i), respectively; and
(B) by inserting after subsection (f) the following:
``(g) Service Delivery Demonstration Project.--
``(1) Purpose; authority to enter into cooperative
agreement.--The Secretary shall enter into a cooperative
agreement with an eligible entity that meets the requirements
of paragraph (2) for the purpose of requiring the entity to
conduct a demonstration project consistent with this
subsection under which the entity shall--
``(A) identify children of prisoners in need of mentoring
services who have not been matched with a mentor by an
applicant awarded a grant under this section, with a priority
for identifying children who--
``(i) reside in an area not served by a recipient of a
grant under this section;
``(ii) reside in an area that has a substantial number of
children of prisoners;
``(iii) reside in a rural area; or
``(iv) are Indians;
``(B) provide the families of the children so identified
with--
``(i) a voucher for mentoring services that meets the
requirements of paragraph (5); and
[[Page H7380]]
``(ii) a list of the providers of mentoring services in the
area in which the family resides that satisfy the
requirements of paragraph (6); and
``(C) monitor and oversee the delivery of mentoring
services by providers that accept the vouchers.
``(2) Eligible entity.--
``(A) In general.--Subject to subparagraph (B), an eligible
entity under this subsection is an organization that the
Secretary determines, on a competitive basis--
``(i) has substantial experience--
``(I) in working with organizations that provide mentoring
services for children of prisoners; and
``(II) in developing quality standards for the
identification and assessment of mentoring programs for
children of prisoners; and
``(ii) submits an application that satisfies the
requirements of paragraph (3).
``(B) Limitation.--An organization that provides mentoring
services may not be an eligible entity for purposes of being
awarded a cooperative agreement under this subsection.
``(3) Application requirements.--To be eligible to be
awarded a cooperative agreement under this subsection, an
entity shall submit to the Secretary an application that
includes the following:
``(A) Qualifications.--Evidence that the entity--
``(i) meets the experience requirements of paragraph
(2)(A)(i); and
``(ii) is able to carry out--
``(I) the purposes of this subsection identified in
paragraph (1); and
``(II) the requirements of the cooperative agreement
specified in paragraph (4).
``(B) Service delivery plan.--
``(i) Distribution requirements.--Subject to clause (iii),
a description of the plan of the entity to ensure the
distribution of not less than--
``(I) 3,000 vouchers for mentoring services in the first
year in which the cooperative agreement is in effect with
that entity;
``(II) 8,000 vouchers for mentoring services in the second
year in which the agreement is in effect with that entity ;
and
``(III) 13,000 vouchers for mentoring services in any
subsequent year in which the agreement is in effect with that
entity.
``(ii) Satisfaction of priorities.--A description of how
the plan will ensure the delivery of mentoring services to
children identified in accordance with the requirements of
paragraph (1)(A).
``(iii) Secretarial authority to modify distribution
requirement.--The Secretary may modify the number of vouchers
specified in subclauses (I) through (III) of clause (i) to
take into account the availability of appropriations and the
need to ensure that the vouchers distributed by the entity
are for amounts that are adequate to ensure the provision of
mentoring services for a 12-month period.
``(C) Collaboration and cooperation.--A description of how
the entity will ensure collaboration and cooperation with
other interested parties, including courts and prisons, with
respect to the delivery of mentoring services under the
demonstration project.
``(D) Other.--Any other information that the Secretary may
find necessary to demonstrate the capacity of the entity to
satisfy the requirements of this subsection.
``(4) Cooperative agreement requirements.--A cooperative
agreement awarded under this subsection shall require the
eligible entity to do the following:
``(A) Identify quality standards for providers.--To work
with the Secretary to identify the quality standards that a
provider of mentoring services must meet in order to
participate in the demonstration project and which, at a
minimum, shall include criminal records checks for
individuals who are prospective mentors and shall prohibit
approving any individual to be a mentor if the criminal
records check of the individual reveals a conviction which
would prevent the individual from being approved as a foster
or adoptive parent under section 471(a)(20)(A).
``(B) Identify eligible providers.--To identify and compile
a list of those providers of mentoring services in any of the
50 States or the District of Columbia that meet the quality
standards identified pursuant to subparagraph (A).
``(C) Identify eligible children.--To identify children of
prisoners who require mentoring services, consistent with the
priorities specified in paragraph (1)(A).
``(D) Monitor and oversee delivery of mentoring services.--
To satisfy specific requirements of the Secretary for
monitoring and overseeing the delivery of mentoring services
under the demonstration project, which shall include a
requirement to ensure that providers of mentoring services
under the project report data on the children served and the
types of mentoring services provided.
``(E) Records, reports, and audits.--To maintain any
records, make any reports, and cooperate with any reviews and
audits that the Secretary determines are necessary to oversee
the activities of the entity in carrying out the
demonstration project under this subsection.
``(F) Evaluations.--To cooperate fully with any evaluations
of the demonstration project, including collecting and
monitoring data and providing the Secretary or the
Secretary's designee with access to records and staff related
to the conduct of the project.
``(G) Limitation on administrative expenditures.--To ensure
that administrative expenditures incurred by the entity in
conducting the demonstration project with respect to a fiscal
year do not exceed the amount equal to 10 percent of the
amount awarded to carry out the project for that year.
``(5) Voucher requirements.--A voucher for mentoring
services provided to the family of a child identified in
accordance with paragraph (1)(A) shall meet the following
requirements:
``(A) Total payment amount; 12-month service period.--The
voucher shall specify the total amount to be paid a provider
of mentoring services for providing the child on whose behalf
the voucher is issued with mentoring services for a 12-month
period.
``(B) Periodic payments as services provided.--
``(i) In general.--The voucher shall specify that it may be
redeemed with the eligible entity by the provider accepting
the voucher in return for agreeing to provide mentoring
services for the child on whose behalf the voucher is issued.
``(ii) Demonstration of the provision of services.--A
provider that redeems a voucher issued by the eligible entity
shall receive periodic payments from the eligible entity
during the 12-month period that the voucher is in effect upon
demonstration of the provision of significant services and
activities related to the provision of mentoring services to
the child on whose behalf the voucher is issued.
``(6) Provider requirements.--In order to participate in
the demonstration project, a provider of mentoring services
shall--
``(A) meet the quality standards identified by the eligible
entity in accordance with paragraph (1);
``(B) agree to accept a voucher meeting the requirements of
paragraph (5) as payment for the provision of mentoring
services to a child on whose behalf the voucher is issued;
``(C) demonstrate that the provider has the capacity, and
has or will have nonfederal resources, to continue supporting
the provision of mentoring services to the child on whose
behalf the voucher is issued, as appropriate, after the
conclusion of the 12-month period during which the voucher is
in effect; and
``(D) if the provider is a recipient of a grant under this
section, demonstrate that the provider has exhausted its
capacity for providing mentoring services under the grant.
``(7) 3-year period; option for renewal.--
``(A) In general.--A cooperative agreement awarded under
this subsection shall be effective for a 3-year period.
``(B) Renewal.--The cooperative agreement may be renewed
for an additional period, not to exceed 2 years and subject
to any conditions that the Secretary may specify that are not
inconsistent with the requirements of this subsection or
subsection (i)(2)(B), if the Secretary determines that the
entity has satisfied the requirements of the agreement and
evaluations of the service delivery demonstration project
demonstrate that the voucher service delivery method is
effective in providing mentoring services to children of
prisoners.
``(8) Independent evaluation and report.--
``(A) In general.--The Secretary shall enter into a
contract with an independent, private organization to
evaluate and prepare a report on the first 2 fiscal years in
which the demonstration project is conducted under this
subsection.
``(B) Deadline for report.--Not later than 90 days after
the end of the second fiscal year in which the demonstration
project is conducted under this subsection, the Secretary
shall submit the report required under subparagraph (A) to
the Committee on Ways and Means of the House of
Representatives and the Committee on Finance of the Senate.
The report shall include--
``(i) the number of children as of the end of such second
fiscal year who received vouchers for mentoring services; and
``(ii) any conclusions regarding the use of vouchers for
the delivery of mentoring services for children of prisoners.
``(9) No effect on eligibility for other federal
assistance.--A voucher provided to a family under the
demonstration project conducted under this subsection shall
be disregarded for purposes of determining the eligibility
for, or the amount of, any other Federal or federally-
supported assistance for the family.''.
(2) Conforming amendments.--Section 439 of such Act (42
U.S.C. 629i), as amended by subsection (a) of this section
and paragraph (1) of this subsection, is amended--
(A) in subsection (a)--
(i) in the subsection heading, by striking ``Purpose'' and
inserting ``Purposes''; and
(ii) in paragraph (2)--
(I) in the paragraph heading, by striking ``Purpose'' and
inserting ``Purposes'';
(II) by striking ``The purpose of this section is to
authorize the Secretary to make competitive'' and inserting
``The purposes of this section are to authorize the
Secretary--
``(A) to make competitive'';
(iii) by striking the period at the end and inserting ``;
and''; and
(iv) by adding at the end the following:
``(B) to enter into on a competitive basis a cooperative
agreement to conduct a service delivery demonstration project
in accordance with the requirements of subsection (g).'';
(B) in subsection (c)--
(i) by striking ``(h)'' and inserting ``(i)''; and
(ii) by striking ``(h)(2)'' and inserting ``(i)(2)'';
(C) by amending subsection (h) (as so redesignated by
paragraph (1)(A) of this subsection) to read as follows:
``(h) Independent Evaluation; Reports.--
``(1) Independent evaluation.--The Secretary shall conduct
by grant, contract, or cooperative agreement an independent
evaluation of the programs authorized under this section,
including the service delivery demonstration project
authorized under subsection (g).
``(2) Reports.--Not later than 12 months after the date of
enactment of this subsection, the Secretary shall submit a
report to the Congress that includes the following:
``(A) The characteristics of the mentoring programs funded
under this section.
``(B) The plan for implementation of the service delivery
demonstration project authorized under subsection (g).
``(C) A description of the outcome-based evaluation of the
programs authorized under this
[[Page H7381]]
section that the Secretary is conducting as of that date of
enactment and how the evaluation has been expanded to include
an evaluation of the demonstration project authorized under
subsection (g).
``(D) The date on which the Secretary shall submit a final
report on the evaluation to the Congress.''; and
(D) in subsection (i) (as so redesignated)--
(i) in the subsection heading, by striking ``Reservation''
and inserting ``Reservations''; and
(ii) in paragraph (2)--
(I) by amending the paragraph heading to read as follows:
``Reservations'';
(II) by striking ``The'' and inserting the following:
``(A) Research, technical assistance, and evaluation.--
The''; and
(III) by adding at the end the following:
``(B) Service delivery demonstration project.--
``(i) In general.--Subject to clause (ii), for purposes of
awarding a cooperative agreement to conduct the service
delivery demonstration project authorized under subsection
(g), the Secretary shall reserve not more than--
``(I) $5,000,000 of the amount appropriated under paragraph
(1) for the first fiscal year in which funds are to be
awarded for the agreement;
``(II) $10,000,000 of the amount appropriated under
paragraph (1) for the second fiscal year in which funds are
to be awarded for the agreement; and
``(III) $15,000,000 of the amount appropriated under
paragraph (1) for the third fiscal year in which funds are to
be awarded for the agreement.
``(ii) Assurance of funding for general program grants.--
With respect to any fiscal year, no funds may be awarded for
a cooperative agreement under subsection (g), unless at least
$25,000,000 of the amount appropriated under paragraph (1)
for that fiscal year is used by the Secretary for making
grants under this section for that fiscal year.''.
SEC. 9. REAUTHORIZATION OF THE COURT IMPROVEMENT PROGRAM.
Section 438 of the Social Security Act (42 U.S.C. 629h) is
amended in each of subsections (c)(1)(A) and (d) by striking
``2006'' and inserting ``2011''.
SEC. 10. REQUIREMENT FOR FOSTER CARE PROCEEDING TO INCLUDE,
IN AN AGE-APPROPRIATE MANNER, CONSULTATION WITH
THE CHILD THAT IS THE SUBJECT OF THE
PROCEEDING.
Section 475(5)(C) of the Social Security Act (42 U.S.C.
675(5)(C)) is amended--
(1) by inserting ``(i)'' after ``with respect to each such
child,'';
(2) by striking ``and procedural safeguards shall also''
and inserting ``(ii) procedural safeguards shall''; and
(3) by inserting ``and (iii) procedural safeguards shall be
applied to assure that in any permanency hearing held with
respect to the child, including any hearing regarding the
transition of the child from foster care to independent
living, the court or administrative body conducting the
hearing consults, in an age-appropriate manner, with the
child regarding the proposed permanency or transition plan
for the child;'' after ``parents;''.
SEC. 11. TECHNICAL AMENDMENTS.
(a) Updating of Archaic Language.--
(1) Section 423 of the Social Security Act, as so
redesignated by section 6(b)(2) of this Act--
(A) is amended by striking ``per centum'' and inserting
``percent''; and
(B) by striking ``He'' and inserting ``The Secretary''.
(2) Section 424(a) of such Act, as so redesignated by
section 6(b)(2) of this Act, is amended by striking ``per
centum'' and inserting ``percent''.
(b) Elimination of Obsolete Provision.--Section 426 of such
Act (42 U.S.C. 626) is amended by striking subsection (b) and
redesignating subsection (c) as subsection (b).
(c) Technical Correction.--Section 431(a)(6) of such Act
(42 U.S.C. 629a(a)(6)) is amended by striking ``1986'' and
inserting ``1996''.
SEC. 12. EFFECTIVE DATES.
(a) In General.--Except as otherwise provided in this Act,
the amendments made by this Act shall take effect on October
1, 2006, 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 developed pursuant to
subpart 1 of part B, or a State plan approved under subpart 2
of part B or part 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.
(c) Availability of Promoting Safe and Stable Families
Resources for Fiscal Year 2006.--Section 3(c) shall take
effect on the date of the enactment of this Act.
In lieu of the matter proposed to be inserted by the
amendment of the House to the title of the Act, insert the
following: ``An Act to amend part B of title IV of the Social
Security Act to reauthorize the promoting safe and stable
families program, and for other purposes.''.
The SPEAKER pro tempore (Mr. Shimkus). Pursuant to the rule, the
gentleman from California (Mr. Herger) and the gentleman from
Washington (Mr. McDermott) each will control 20 minutes.
The Chair recognizes the gentleman from California.
General Leave
Mr. HERGER. Mr. Speaker, I ask unanimous consent that all Members
have 5 legislative days in which to revise and extend their remarks and
to include extraneous material on the subject of the bill under
consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from California?
There was no objection.
Mr. HERGER. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise today in strong support of S. 3525, the Child and
Family Services Improvement Act of 2006. I would like to thank the
gentleman from Washington (Mr. McDermott) and many other Members for
their support of this bipartisan legislation.
This legislation reauthorizes and improves oversight and
accountability of numerous child protection programs that will provide
about $4 billion during the next 5 years to help keep children safe.
In recent years, the subcommittee I chair has held a dozen hearings
on our Nation's child protection system. Every witness testified about
the need to reform this broken system, which too often has lost track
of children or placed them in homes where they suffered continued abuse
and neglect.
The legislation before us today includes a number of provisions
designed to improve the monitoring of children in foster care and to
hold States more accountable for the care they provide. This
legislation will require States to ensure that at least 90 percent of
children in foster care are visited on a monthly basis in response to
research highlighting the importance of frequent visits in promoting
child safety.
This legislation also makes substantial improvements to the Child
Welfare Services program. For example, this program now is permanently
authorized. As a result, there has been little oversight and monitoring
of the Child Welfare Services program in recent decades. This
legislation will authorize this program through fiscal year 2011,
ensuring that future Congresses examine this program, as improved in
this bill, to make sure that it is operating properly.
This legislation also stresses preventing abuse and neglect from
occurring, not just managing its effects. Among other measures, it
targets new funds to a key cause of child abuse and neglect: parental
drug abuse, including by parents who abuse methamphetamine, which is a
major concern in my own northern California congressional district. A
total of $145 million in program funds will be available to community
groups working with child welfare officials to help keep parents off
drugs.
Mr. Speaker, I have highlighted just a few of the many improvements
this legislation will make to our Nation's child protection system, but
there is still much more work to do. Children still linger in foster
care waiting for permanent families. Every year, almost 24,000 of these
youths age out of foster care without a family of their own. We will
continue to work to ensure this system protects these children and
promotes a brighter future. We also will continue our efforts to ensure
that Federal taxpayer dollars are being spent properly within these
programs. Today marks one step forward towards those goals.
This legislation has the support of numerous organizations including
the Children's Defense Fund, the Child Welfare League of America, and
the National Indian Child Welfare Association.
I thank all the Members and staff who have worked to bring this
legislation to the floor today. The Child and Family Services
Improvement Act is good legislation, and I urge all my colleagues to
support it.
Mr. Speaker, I rise today in strong support of S. 3525, the Child and
Family Services Improvement Act of 2006. I'm pleased to be here today
with the gentleman from Washington who is a cosponsor of this
bipartisan legislation. I'd like to thank the many Members from both
sides of the aisle for their support. This has been a truly bipartisan
effort at all stages and I'm pleased we are here today to move
[[Page H7382]]
this legislation forward to the President for his signature.
This legislation reauthorizes and improves numerous child protection
programs that combined will provide about $4 billion during the next 5
years to keep children safe. These programs are the Promoting Safe and
Stable Families program, the Child Welfare Services program, the Court
Improvement program, and the Mentoring Children of Prisoners program.
S. 3525 takes an important step forward in our efforts to prevent
child abuse and neglect by keeping families together and preventing,
whenever possible, the unnecessary separation of children from their
families. Over the past 6 years, the subcommittee that I chair has held
12 hearings to explore our Nation's child protection system. Every
witness has testified to improvements and reforms that are necessary to
fix this broken system. The legislation before us today includes a
number of provisions that address these issues we have heard so much
about.
First, time and time again we have seen stories of children lost by
caseworkers, children who have gone missing in the foster care system,
or even worse, children who have suffered abuse in homes in which they
are placed. No one who sat through these hearings will soon forget the
images of four boys in New Jersey who were starved by their adopted
parents and were discovered by a neighbor rummaging for food in the
trash. There is little doubt that States need to increase oversight and
monitoring of these children and the legislation before us today will
ensure that happens.
S. 3525 will require all States to ensure at least 90 percent of
children in foster care are visited on a monthly basis by their
caseworker, and to ensure that the majority of these visits occur in
the child's residence. States will work with the Department of Health
and Human Services to establish targets to reach this goal by fiscal
year 2012. In any year in which a State fails to reach its target, we
will continue to make the State's full Federal allotment available to
them but the State will need to increase their own spending in order to
access those funds. Further, to help States achieve this standard, the
legislation directs $95 million to be spent on activities that help
ensure children are visited on a monthly basis and that these visits
are well-planned and focused on assessing the child's safety and well-
being.
Second, we have heard repeatedly how Federal funds for child welfare
disproportionately assist kids after they have been removed from their
homes, instead of preventing' the abuse or neglect that results in the
need for their removal in the first place. This legislation will
encourage States to invest more dollars in activities that keep
families together when appropriate by limiting the amount that can fund
basic administrative costs as well as by targeting these dollars for
prevention and family support services. Also, States will be required
to submit actual spending data for these programs, which will enhance
our oversight of State activity on behalf of these children.
And third, substance abuse by parents and caretakers, particularly
abuse of methamphetamine, is having a substantial impact on the child
welfare system in some areas. This legislation will direct $145 million
for grants to law enforcement personnel, court personnel, and others
involved with the child welfare system to partner with the State child
welfare agency to devise solutions to this problem.
I'm pleased this legislation continues the Mentoring Children of
Prisoners program and provides for a voucher pilot program to expand
the availability of mentoring services for children. There are
approximately 4,000 mentoring organizations nationwide, and these
vouchers will enable families to select an organization from which
children can receive these important services. Few dispute the
tremendous impact a mentor can have in the life of a troubled child.
I'm very pleased we have reached an agreement to include this program,
a priority of the Bush administration, in this legislation.
Mr. Speaker, I've highlighted just a few of the many improvements
this legislation will make to our Nation's child protection system. But
there is still much more work to do. Children linger in foster care
waiting for permanent families. Every year almost 20,000 of these
youths age out of foster care without a family of their own. We will
continue to work to ensure this system protects these children and
promotes a brighter future for them. Today is a major step forward
towards that goal.
I thank all the Members and staff who have worked to bring this
legislation to the floor today. This legislation has the support of
numerous child welfare organizations, including the Children's Defense
Fund, Catholic Charities USA, Mentor, and the National Indian Child
Welfare Association.
This is an excellent bill and I urge all my colleagues to support it.
Attached below is a summary of the legislation.
Report Accompanying S. 3525, The Child and Family Services Improvement
Act of 2006, as Amended
Prepared by the Staff of the U.S. House Committee on Ways and Means and
the U.S. Senate Committee on Finance--September 26, 2006
Section 1--Short title
``The Child and Family Services Improvement Act of 2006''
Section 2--Findings
The legislation makes a number of findings regarding the
provision of services under two child welfare programs
authorized under Title IV-B of the Social Security Act, the
Child Welfare Services (CWS) program and the Promoting Safe
and Stable Families (PSSF) program. The findings note the
importance of monthly caseworker visits in improving outcomes
for children. They also outline the relationship between the
entry of children into the child welfare system and their
parent's abuse of methamphetamine and other substances.
Section 3--Reauthorization of the Promoting Safe and Stable Families
Program
Current Law
For fiscal year (FY) 2006, authorizes mandatory funding of
$345 million for the Promoting Safe and Stable Families
(PSSF) program (Title IV-B, Subpart 2 of the Social Security
Act) and discretionary funding of $200 million for each of
FYs 2002 through 2006.
S. 3525
The legislation extends the mandatory PSSF funding
authorization of $345 million for five years (FYs 2007
through 2011) and extends the discretionary funding
authorization of $200 million for each of those same five
years. The legislation expands the reporting requirement to
include both proposed spending and actual spending under the
CWS and PSSF programs, and at State option, other programs
that support child abuse prevention activities and child
welfare services. The legislation also prohibits HHS from
making any payment of PSSF funds to a State for
administrative costs that exceed 10 percent of total program
expenditures (Federal and non-Federal) of a State.
Reason for Change
The PSSF program supports four categories of services
provided to children and families: family preservation
services, community-based family support services, time-
limited reunification services, and adoption promotion and
support services. The legislation recognizes the importance
of encouraging States to invest in these activities. Thus the
legislation provides for the $200 million increase in
mandatory PSSF funds over the next five years included in the
Deficit Reduction Act of 2005 (P.L. 109-171). In total $345
million in mandatory funds (the recent $305 million allotment
of annual mandatory funds, plus a $40 million annual
increase provided under the Deficit Reduction Act of 2005)
will be provided in each of FYs 2007 through 2011.
The legislation also will ensure better oversight and
accountability of spending under the CWS and PSSF programs by
requiring States to report on projected and actual spending
under these two programs. Specifically, data on actual
spending will help track State investments for the four
priorities of the PSSF program.
Section 4--Targeting of Promoting Safe and Stable Families Program
resources
Current Law
Current law requires States to include assurances in their
PSSF plan that they will spend significant portions of their
PSSF funds in each of four priority areas: (1) family
preservation services; (2) community-based family support
services; (3) time-limited family reunification services; and
(4) adoption promotion and support services.
S. 3525
The legislation retains the four priorities of PSSF while
targeting the additional $40 million per year provided under
the Deficit Reduction Act of 2005 (P.L. 109-171) to two new
priorities: (1) support for monthly caseworker visits; and
(2) competitive grants to promote the well-being of children
in or at risk of placement in the child welfare system as a
result of their parent's abuse of methamphetamine or other
substances.
The legislation provides a total of $95 million to States
to support monthly caseworker visits of children in foster
care under the responsibility of the State, with a primary
emphasis on activities designed to improve caseworker
retention, recruitment, training, and ability to access the
benefits of technology. States will receive $40 million from
FY 2006 PSSF funds (with these funds available through FY
2009), $5 million in FY 2008, $10 million in FY 2009, and $20
million in each of FYs 2010 and 2011 to support monthly
caseworker visits. States cannot use these funds to supplant
any Federal funds already paid to the State under the Title
IV-E program that could be used for the purposes outlined
above.
To promote the well-being of children affected by their
parent's abuse of methamphetamine or other substances, the
legislation provides a total of $145 million to the Secretary
of the Department of Health and Human Services (HHS) to award
competitive grants to regional partnerships to pursue
innovative approaches to help children and families. Funding
will be $40 million in FY 2007, $35 million in FY 2008, $30
million in FY 2009, and $20 million in each of FYs 2010 and
2011. Partnerships must include the State
[[Page H7383]]
child welfare agency or an Indian tribe and at least one
other eligible partner, including: child welfare service
providers (non-profit and for-profit), community providers of
health or mental health services, local law enforcement
agencies, judges and court personnel, juvenile justice
officials, school personnel, the State agency responsible for
administering the substance abuse prevention and treatment
block grant (authorized under Title XIX-B, Subpart II of the
Public Health Services Act), and any other providers,
agencies, personnel, officials or entities related to the
provision of child and family services. Grants of between
$500,000 and $1 million per year will be awarded for 2 to
5 year periods.
A priority will be given to grant applications that propose
to combat methamphetamine abuse, given its substantial affect
on child welfare in some areas. Funding for the grants must
be used to support the purposes of this program, which may
include family-based comprehensive long-term substance abuse
treatment services, early intervention and prevention
services, mental health services, parent skills training, and
replication of successful models for providing family-based
comprehensive long-term substance abuse treatment services.
Grantees must provide a 15 percent match in the first and
second year, a 20 percent match in the third and fourth year,
and a 25 percent match in the fifth year. In-kind
contributions can qualify towards the match requirement. The
Secretary of HHS must consult with State leaders to develop
performance indicators and reporting is required of all grant
recipients.
The legislation also redirects current PSSF research
funding to support evaluation, research, and technical
assistance related to the above two PSSF funding priorities.
In each of FYs 2007 through 2011, at least $1 million must be
spent for research and technical assistance activities that
support monthly caseworker visits and at least $1 million
must be spent for research and technical assistance
activities with respect to the competitive grant program to
promote the well-being of children in or at risk of placement
in the child welfare system due to a parent's abuse of
methamphetamine or other substances.
Reason for Change
The targeting of funds to support monthly visits of foster
children is in response to research highlighting how monthly
visits lead to better outcomes for children. The Child and
Family Service Reviews (CFSRs) completed in each State found
a strong correlation between frequent caseworker visits with
children and positive outcomes for children, such as timely
achievement of permanency and other indicators of child well-
being. However, despite the fact that nearly all States had
written standards suggesting monthly visits were State
policy, a December 2005 report completed by the HHS Office of
the Inspector General found that only 20 States were able to
produce reports showing whether caseworkers actually visited
children in foster care on at least a monthly basis. States
are encouraged to invest these resources in those activities
with proven effectiveness in supporting monthly caseworker
visits of foster children and should be cognizant that these
funds may not supplant what States already spend from their
Title IV-E programs for these activities. These resources are
intended to increase State investment in these important
areas.
Parental substance abuse is a well-known problem affecting
the child welfare system, and the Office of Applied Studies
of the Substance Abuse and Mental Health Services
Administration reported that the number of new uses of
methamphetamines (meth) has increased 72 percent in the past
decade. A study by the National Association of Counties which
surveyed 300 counties in 13 States reported that meth abuse
is a major cause of child abuse and neglect. Forty percent of
all the child welfare officials in the survey reported an
increase in out-of-home placements due to meth abuse in 2005.
Section 5--Allotments and Grants to Indian Tribes
Current Law
Requires that 1 percent of all mandatory PSSF funds, and 2
percent of any discretionary appropriations for the PSSF
program, be set aside for tribal programs. (The minimum
tribal funding provided is $3.45 million and the maximum
annual tribal funding possible is $7.45 million.)
Out of the tribal funds reserved, Indian tribes or tribal
organizations with an approved plan must be allotted PSSF
funds (based on the relative share of tribal persons under
age 21 but only among tribes or tribal organizations with
approved plans). The Secretary of HHS may exempt a tribe from
any plan requirement that it determines would be
inappropriate for that tribe (taking into account the
resources, needs, and other circumstances of that tribe).
However, no tribe or tribal organization may have an approved
plan (or receive funds) unless its allotment is equal to at
least $10,000. Funds allotted are paid directly to the tribal
organization of the Indian tribe to which the money is
allotted.
S. 3525
The legislation increases the set-aside for tribal programs
to 3 percent of any discretionary funds appropriated. It also
increases the set-side for tribal programs to 3 percent of
the mandatory funds authorized and which remain after the
separate reservation of funds is made for (1) monthly
caseworker visits, and (2) competitive grants to combat
methamphetamine and other substance abuse. Therefore, the
minimum funding available per year for tribal programs would
be $9.15 million and the maximum funding would be $15.15
million. The legislation eliminates the ability of the
Secretary of HHS to exempt tribes from the PSSF plan
requirements related to nonsupplantation, data reporting, and
monitoring. However, the Secretary retains the ability to
waive for Indian tribes the PSSF requirement to invest
significant amounts of program funds in each of the four PSSF
activities and to spend no more than 10 percent of PSSF funds
on administrative costs.
The legislation also permits tribal consortia to have
access to an allotment of PSSF funds (and related technical
assistance) on the same basis as such funds are currently
available to Indian tribes. A tribal consortium's allotment
is to be determined based on the number of tribal persons
under age 21 in each tribe that is a part of the tribal
consortium. If tribes choose to apply collectively as a
consortium, the population of tribal persons under age 21 for
each tribe would be combined in order to determine the size
of the grant to the consortium, including whether the
consortium meets the $10,000 eligibility threshold in the
Act. A tribal consortium could select which Indian tribal
organization (among the tribes in the consortium) would
receive the direct payment of its allotment.
Reason for Change
The legislation recognizes the importance of assisting
tribes in their efforts to assist abused and neglected
children. The legislation significantly increases the amount
of funds provided to tribes and allows tribal consortia to
apply for PSSF funds. This step is being taken to encourage
the further development of tribal child welfare programs,
which largely serve severely disadvantaged communities and
families and can do so in a culturally appropriate manner.
Permanency outcomes for Indian children can be improved if
tribal consortia are able to have access to an allotment of
PSSF funding on the same basis as is currently available to
Indian tribes. This will facilitate smaller tribes' building
their own programs and will allow for administrative
efficiencies in tribal program administration.
To collect additional data and ensure proper oversight of
these funds, tribes and tribal consortia interested in
applying for this substantial increase in PSSF funds will be
required to adhere to the same data and monitoring plan
requirements as States. This additional data will inform how
these funds have helped the tribes better ensure the safety,
permanency, and wellbeing of tribal children.
Section 6--Improvements to the Child Welfare Services (CWS) Program
Current Law
Up to $325 million annually is authorized on an indefinite
basis for the Child Welfare Services (CWS) program, which
provides funds to States to support a wide range of child
welfare activities. Federal funding represents 75 percent of
total funding for this program, and States are required to
contribute 25 percent of total CWS funding from State funds.
S. 3525
The legislation maintains the annual discretionary
authorization level of $325 million per year but limits the
funding authorization to FYs 2007 through 2011. The
legislation also specifies that the purpose of the CWS
program for which funds may be expended is to promote State
flexibility in the development and expansion of a coordinated
child and family services program that utilizes community-
based agencies and that ensures all children are raised in
safe, loving families, by: (1) protecting and promoting the
welfare of all children; (2) preventing the neglect, abuse,
or exploitation of children; (3) supporting at-risk families
through services which allow children, where appropriate, to
remain safely with their families or return to their families
in a timely manner; (4) promoting the safety, permanence and
well-being of children in foster care and adoptive families;
and (5) providing training, professional development and
support to ensure a well-qualified child welfare workforce.
The legislation eliminates the plan requirements related to
child day care standards and those related to the use of
paraprofessionals or volunteers and restates and renumbers
the remaining provisions with generally the same intent. It
rewrites the provision concerning policies and procedures for
children abandoned shortly after birth to assert that a State
must have in effect administrative and judicial procedures
for children who are abandoned at or shortly after birth
(including policies and procedures providing for legal
representation of the children) to ensure expeditious
decisions can be made for their permanent placement.
Further, it clarifies that the State may include
residential educational programs as a living arrangement
for children for whom reunification, adoption, or
guardianship have been ruled out as permanency goals. This
provision does not undermine current State policies
regarding placement of children in adoptive homes and does
not eliminate the 25 bed policy.
[[Page H7384]]
Beginning October 1, 2007 (i.e. the beginning of FY 2008),
the legislation limits administrative funding to 10 percent,
but defines administrative funds to exclude caseworker
services and supervision of such services. Also beginning in
FY 2008, the legislation limits how much each State can
expend from Federal CWS funding for foster care maintenance
payments, adoption assistance payments, or child day care to
what the State can show that it spent for such purposes in FY
2005. Further, beginning with FY 2008, States are not allowed
to use State spending on foster care maintenance payments to
meet the State matching requirement to receive Federal CWS
funds in amounts that exceed what the State spent from such
funds in FY 2005.
The legislation also adds new requirements to the CWS plan
the State submits to (1) describe how the State consults with
and involves physicians and other appropriate medical
professionals in the assessment of children in foster care
and in determining appropriate medical treatment, and (2)
develop a plan on how to respond, track and continue care for
children receiving child welfare services in the event of a
disaster.
Reason for Change
The legislation will reorganize and update the CWS program
and encourage more effective oversight. It also aligns the
program to be coterminous with the reauthorization of the
PSSF program to allow for better coordination between the two
programs. It will encourage States to invest funding in
prevention services, but allows each State to maintain in the
coming years its FY 2005 level of spending from Federal CWS
funds for foster care, adoption assistance and child care
purposes. It adds a new State planning requirement to ensure
consultation with medical professionals as well as State
planning to continue the availability of child welfare
services during a disaster.
Section 7--Monthly Caseworker Standard
Current Law
There is no minimum Federal standard for monthly visits of
foster children in State custody.
S. 3525
The legislation requires the State to update its CWS State
plan by October 1, 2007 to describe its standards for the
content and frequency of caseworker visits of foster children
in State custody, which at a minimum must ensure that
children are visited on a monthly basis and that the
caseworker visits are well-planned and focused on issues
pertinent to case planning and service delivery to ensure
the safety, pennanency, and well-being of children.
The legislation also sets a minimum Federal standard
requiring each State and territory to achieve by October 1,
2011 monthly caseworker visits for at least 90 percent of
foster children in State custody, with the majority of those
visits occurring in the child's residence. Each State and
territory would be held accountable for its efforts and the
legislation prescribes a planning process to achieve this
goal. To receive FY 2008 CWS funds, States must submit to HHS
data for FY 2007 on the percentage of foster children visited
on a monthly basis by their caseworker and the percentage of
those visits that occurred in the child's residence. Based on
this data, HHS will work with each State to set target levels
for the State to meet to achieve a 90 percent monthly
visitation standard by FY 2012 and will establish these
target levels by June 30, 2008. Then, beginning in FY 2009,
States must achieve their annual goal for the percentage of
caseworker visits and the percentage of visits that occur in
the child's residence, or face an enhanced matching
requirement in order to draw down their full allotment of
Federal CWS funds. The share of non-Federal spending that is
required in a State that does not meet its visitation target
level in a year increases by a minimum of 1 percentage point,
up to a maximum of 5 percentage points, depending on the
degree to which the State has missed its target level; absent
the commitment of additional State funds, Federal funds would
be reduced to yield the modified State share of overall CWS
funding, consistent with the degree of the State's failure to
achieve its visitation target for that year.
No later than March 31, 2010, HHS must submit to the House
Committee on Ways and Means and the Senate Committee on
Finance a report that outlines the progress States have made
in meeting their caseworker visitation standards and that
offers recommendations, developed in consultation with State
administrators of child welfare programs and members of State
legislatures, to assist States in meeting this standard.
Reason for Change
Holding States accountable for achieving monthly caseworker
visits for at least 90 percent of foster children responds to
research highlighting how monthly visits lead to better
outcomes for children. HHS shall work with the States to
establish a plan to achieve this goal by FY 2012 and States
are encouraged to invest the new PSSF resources provided in
FY 2006 and later fiscal years in activities that have been
shown to be effective in achieving increased caseworker
visitation of foster children. The above accountability
measure will ensure that, even in the case of a State that
fails to fulfill its specified level of caseworker visits,
the full Federal CWS allotment to a State will remain
available so long as that State increases its State CWS
spending modestly, according to the provisions of the
legislation.
Section 8--Reauthorization of Program for Mentoring Children of
Prisoners
Current Law
The Mentoring Children of Prisoners program is administered
by HHS and makes competitive grants to support the
establishment or expansion and operation of programs that
provide mentoring services to children of prisoners.
S. 3525
The legislation reauthorizes the existing Mentoring
Children of Prisoners program through FY 2011 at such sums as
may be necessary and increases the HHS set-aside for
research, technical assistance, and evaluation from 2.5
percent to 4 percent. It authorizes a new 3-year pilot
program to provide vouchers to qualified mentoring groups to
offer services to individual children of prisoners, but
specifies both annual caps on funding for this purpose and
that at least $25 million must be available each year for
site-based grants provided under the program. The voucher
pilot program will be administered by a national group that
will work closely with HHS to manage the program with the
goal to distribute at least 3,000 vouchers in the first year,
8,000 vouchers in the second year and 13,000 vouchers in the
third year. The legislation specifies that the national group
must identify in its voucher distribution plan how the group
will prioritize providing vouchers to children in areas which
have not been served under the current site-based mentoring
program. During the third year of this pilot HHS shall
provide a report based on an independent evaluation to the
House Committee on Ways and Means and the Senate Committee on
Finance on the number of children who received vouchers for
mentoring services and any conclusions regarding the voucher
pilot program's effectiveness.
Reason for Change
The continuation of the Mentoring Children of Prisoners
program will enable public and private organizations to
establish or expand projects that provide one-on-one
mentoring for children of incarcerated parents and those
recently released from prison. At the same time, children
have not been able to access mentoring services in some
States and rural areas because of the absence of a site-based
grant to provide this service. The voucher pilot program will
evaluate the effectiveness of using vouchers to expand the
delivery of mentoring services to children of prisoners,
including to children in rural and underserved areas.
Section 9--Reauthorization of the Court Improvement Program
Current Law
For each of FYs 2002 through 2006, an eligible highest
State court (with an approved application) is entitled to a
share of funds to assess and make improvements to its
handling of child welfare procedures. A set-aside of $10
million from the mandatory funds authorized and 3.3 percent
of any discretionary appropriation is provided from the PSSF
program to support the Court Improvement Program. To receive
its full allotment of these funds the court, in each of FYs
2002 through 2006, is required to provide at least 25
percent of the expenditures for this purpose.
S. 3525
The legislation reauthorizes the funding for the Court
Improvement Program for 5 years, through FY 2011.
Reason for Change
The Court Improvement Program has played an important role
in assisting State courts in their efforts to expedite
judicial proceedings for at-risk children. The legislation
will ensure these funds continue to remain available, and is
in addition to the $100 million provided over FYs 2006
through 2010 under the Deficit Reduction Act of 2005 (P.L.
109-171) to support training and data collection efforts of
State courts.
Section 10--Requirement for foster care proceedings to include, in an
age-appropriate manner, consultation with the child that is the subject
of the proceeding
Current Law
Current law does not include a standard for consulting with
children in court proceedings.
S. 3525
The legislation requires States to assure that in any
permanency hearing held with respect to the child, including
any hearing regarding the transition of the child from foster
care to independent living, the court or administrative body
conducting the hearing consults in an age-appropriate manner
with the child regarding the plan being proposed for the
child.
Reason for Change
Each child deserves the opportunity to participate and be
consulted in any court proceeding affecting his or her
future, in an age-appropriate manner.
Section 11--Technical amendments
Section 12--Effective dates
The legislation will become effective on October 1, 2006,
except for provisions with other specified effective dates or
ifHHS determines that a State legislature must act before the
State can comply with the changes.
Mr. Speaker, I reserve the balance of my time.
[[Page H7385]]
Mr. McDERMOTT. Mr. Speaker, I yield myself such time as I may
consume.
I rise in strong support of Senate bill 3525, the Child and Family
Services Improvement Act. By passing this legislation, we will better
protect our most vulnerable children, the children who are abused and
neglected in our society.
This legislation would not have been possible without the leadership
and compassion of Mr. Wally Herger, the chairman of the Human Resources
Subcommittee. I thank him for that, and I recognize the efforts of his
staff to collaborate with me and others to write legislation that will
make a difference in the lives of vulnerable kids.
For many of these children, we are the last line of defense,
separating hope from despair. The Child and Family Services Improvement
Act is a lifeline that will save lives. Today, we are first responders
to children who need us to rescue them for abuse and neglect.
S. 3525 combines the key features of the legislation we worked
together to pass in this House in July, and the bill includes several
important provisions authored by the Senate. So it is truly
collaborative, both bicameral and bilateral here. This legislation is
an example of what is possible when we forget party labels and work
together for the common good.
We know the problems confronting our Nation's child welfare system
are staggering. We won't solve them all in one day or with one bill.
This Improvement Act is not a comprehensive solution. It is, however, a
modest but important step in the right direction, a step that can save
the lives of abused and neglected children.
This legislation extends for 5 years the Promoting Safe and Stable
Families Program. This is the largest source of Federal funding
dedicated to preventing child abuse, to safely reuniting troubled
families, and promoting adoption when kids can't return home.
The bill also brings the mandatory funding that Indian tribes receive
from this program better in line with what the tribes really deserve,
and I am proud to say that the measure does more than merely continue
current resources.
In this legislation, we fought to recognize the importance of a
consistent interaction between caseworkers and foster children. We do
this by including meaningful incentives for States to make progress
toward ensuring that children in foster care are checked on at least
once a month by qualified State caseworkers. Caseworkers are the first
responders for children. We recognize that in this legislation, and we
support them.
Here is how we do it: To assist the States in assuring that children
are visited by first-rate caseworkers, the bill provides States an
additional $95 million over the next 5 years to improve their child
welfare workforce. These funds will be used to enhance the retention,
recruitment, and training of caseworkers, as well as increase their
access to useful technology. I personally see this investment as a down
payment in the people who are best able to protect vulnerable kids.
The current level of turnover for child welfare caseworkers, that is,
tenure on the job, is less than 2 years. That is detrimental to the
well-being of foster kids.
Our legislation also makes progress on another issue that threatens
the welfare of children. That is substance abuse. Building on a
proposal that originated in the Senate, the bill will provide
competitive grants for States and community based organizations to
launch really a rescue mission for families and children whose health
and safety are threatened by their parents' substance abuse problems.
We are going to be proactive, and we are going to address this issue
and meet the needs head on.
This new grant program would have a special focus on methamphetamine
drug use because of the dramatic destabilizing effect it has on
families. However, the grants also could be provided to organizations
combating other serious drugs, such as heroin and crack cocaine.
I would also like to highlight a provision in this bill that would
require the States to have disaster preparedness plans for their child
welfare programs. This would require procedures to track displaced
foster kids, identify children who may be newly in need of child
welfare services because of disaster, preserve essential records, and
have a process for communicating and coordinating with other States.
We really don't have to look any further than what happened in this
country in Hurricane Katrina to understand why such a requirement is
necessary, or to the report I requested the Government Accounting
Office conduct, showing that the States are lacking in any kind of
plan.
Finally, this bill would extend for 5 years a program that helps our
court system track child welfare cases and a program that provides
mentoring services for children of prisoners. We will also try a
limited demonstration project to test the feasibility and effectiveness
of providing services through vouchers.
Today, we have an opportunity to launch a rescue mission for
vulnerable kids. I strongly urge Members to support it.
Mr. Speaker, I reserve the balance of my time.
Mr. HERGER. Mr. Speaker, I yield 4 minutes to the gentlewoman from
Connecticut (Mrs. Johnson), who is an active member of the committee
and a former chairman of the committee.
Mrs. JOHNSON of Connecticut. Mr. Speaker, I rise today to support
this legislation; and I am very pleased that it is a bipartisan
approach to strengthening our Child and Family Services Improvement
Act.
We have heard a great deal during our work on the Human Resources
Subcommittee about the Federal Government spending a lot of money
reimbursing States to remove children from their homes and place them
in foster care. If the State does not remove the child under our
Federal foster care program, the Federal Government keeps the funds. It
is the only Federal program that actually pays States to remove
children from their homes. That is why this legislation is so critical
and so important.
Unlike the problematic Federal foster care system, the money in Safe
and Stable Families goes to States to target at-risk families, helping
States treat the child in their homes, prevent abuse and neglect, and
adjust the entire family system to place child outcomes and family
permanence above family breakups and foster care.
Pediatricians and teachers will tell you they know early on which
families will struggle. We need more community based solutions focused
on earlier intervention as well as treatment and care management, which
is why I am pleased we are reauthorizing this important legislation and
adding a number of provisions to it. One will add $40 million annually.
Twenty million of this money will go to increase the number of home
visits caseworkers make to at-risk families. This will certainly
strengthen the preventative and care quality of our family support
systems.
But the other $20 million will increase funding for substance abuse
treatment, and I am particularly pleased about that $20 million. As the
former Chair of a child guidance clinic many years ago, ever since that
day right up to the present day, most experts in this field will tell
you that where a family is having difficulty, there is substance abuse.
Some member of that family is probably having trouble with alcohol or
more serious drugs. So I am very pleased that we are putting some
additional dollars behind making substance abuse treatment available to
members of these families as we also move to a more holistic approach
to strengthening families to prevent the outplacement of children in
foster care.
I also want to mention the extension of the Court Improvement Program
because this has made a very great difference at the local level in our
ability to manage these families, to help these families, to put the
appropriate services in place to support them, and has also revealed
the great lack of community based services to the court in the service
of these families. So that is a very important provision that was
introduced by my colleague, Congresswoman Deb Pryce. As a former judge,
she understood the great need for us to better educate the judiciary on
the options for children and families, to strengthen those families
rather than outplace their children.
I also want to commend the chairman and ranking member on their
[[Page H7386]]
strengthening of the Mentoring Children of Prisoners Program because
this, too, helps prepare the ground for a prisoner to return to an
active parenting role and strengthens thereby not only the prisoner but
also the children.
{time} 1415
Mr. McDERMOTT. Mr. Speaker, I yield 4 minutes to the gentleman from
California (Mr. Stark).
(Mr. STARK asked and was given permission to revise and extend his
remarks.)
Mr. STARK. Mr. Speaker, I thank the gentleman for yielding me the
time.
I support 3525 and urge my colleagues to support it. I thank Mr.
Herger and Dr. McDermott for their work in guiding this bill through
committee and maintaining funding for case worker improvements and home
visits.
The gentlewoman from Connecticut mentioned that she had been on the
committee. I have actually been on the committee since the day it was
organized in 1975. And the work we are doing here today, led by our
chairman, reminds me of much of the bipartisan improvements that have
been brought to the support systems for disadvantaged people and
children.
There is a lot more to do. There are 800,000 kids who spend time in
foster care each year, and the people who provided case work support
are understaffed, underpaid, overworked. This bill will go a good ways
toward helping them.
In the last report that we had from GAO, we found that in 1999, of
the children who aged out, turned 19, out of foster care, that 40
percent of them became dependent on public assistance and Medicaid.
Fifty-one percent were unemployed. Twenty-five percent had spent some
time homeless. Twenty-seven percent of the males had been incarcerated
at least once.
In the next 15 years we are going to have 300,000 or more foster kids
age out, without any transition support. So now I hope that the
chairman will join with me and the ranking member as we proceed to see
what we can do to make that transition, provide support during those
periods of transition so that the foster kids can enter the adult world
and become independent and supportive members of society as I know the
Chair would like.
I would like to mention one issue, and see if I could indulge the
chairman in a brief dialogue on this. There is a practice that just
became apparent to us that the Social Security benefits which some of
the foster children get, either because they are disabled or their
parents have died, they get a Social Security benefit, a small one.
That benefit in almost all States is taken by the States. If the
children had a parent alive, that benefit could very well be saved for
these children, and when they age out of foster care, could be used for
college education, job training, perhaps to buy a car so they could get
to their job. And I hope that the Chair would join with me so that we
can study the possibility of finding a way to save those Social
Security benefits for those children who would not have a parent or
would be disabled, so that it will help them in their transition to a
responsible adulthood.
I yield to the gentleman from California.
Mr. HERGER. Mr. Speaker, I would like to thank the gentleman from
California (Mr. Stark) for your work in this area. I thank you for your
support and work on this specific legislation.
I look forward to working with you on the issue that you have just
outlined, this issue, and many other issues in this area.
Mr. STARK. I thank the gentleman.
Mr. McDERMOTT. Mr. Speaker, in closing, I would only point out that
this bill has been supported by the Child Welfare League of America,
Children's Defense Fund, Catholic Charities, Conferences of State Court
Administrators and Chief Justices, the Center For Law and Social
Policy, Fight Crime, Invest in Kids, the Mentoring Partnership, the
National Indian Child Welfare Association, the National Congress of
American Indians, the Association of American Indian Affairs.
Mr. Speaker, I think it is a good bill, and it ought to pass by a
voice vote.
Mr. Speaker, I yield back the balance of my time.
Mr. HERGER. Mr. Speaker, the Child and Family Services Improvement
Act is good legislation that will help ensure the safety of vulnerable
children. It will hold States accountable for visiting children in
foster care on at least a monthly basis.
It will target existing resources to help States and local
communities address the impact of parental substance abuse on child
welfare programs. Again, I would like to thank the gentleman from
Washington (Mr. McDermott) and all of my colleagues on both sides of
the aisle for their work in crafting this legislation.
Mr. Speaker, I believe it will take an important step towards
improving our Nation's child protection system.
Mr. STARK. Mr. Speaker, I rise today to commend my colleagues on both
sides of the aisle for working together to produce this important
legislation. I would like to especially thank the gentleman from
California, Mr. Herger, Chairman of our Human Resources subcommittee,
and the gentleman from Washington, Dr. McDermott, Ranking Member on our
subcommittee, for their work in guiding this bill through and reaching
a compromise with our Senate counterparts. This bill is an important,
although by no means final, step toward improving our child welfare
system and providing hope and a bright future to the 800,000 children
that spend time in foster care each year. I urge my colleagues to vote
yes.
For far too long many foster children and abused children have
suffered because their caseworkers are underpaid, overworked, and
turnover frequently. A 2003 GAO report concluded that frontline
caseworkers should not handle more than 18 cases at a time. Yet data
collected by the American Public Human Services Association (APHSA)
showed that caseworkers around the country handle an average of 24-31
cases simultaneously. The GAO also found that the average tenure of
caseworkers was less than 2 years.
There is a direct relationship between positive outcomes for foster
children and the frequency and quality of their interaction with their
caseworkers. The more frequent the visits, the safer children are and
the better chance they have of gaining permanency. Improving states'
abilities to recruit, train, and retain highly skilled caseworkers is
one concrete way to help our most vulnerable children.
This bill includes $95 million in funding over 6 years for workforce
improvements with the goal of ensuring that 90 percent of foster
children are visited by their caseworker at least once a month. This
funding is a great first step and one worthy of applause. Mr. Herger
and Dr. McDermott showed tremendous leadership in reaching a compromise
with the Senate that maintained funding for caseworker improvement.
However, we should not expect that such a relatively small amount of
money will transform a troubled system overnight. There is more that we
must do in this and other areas to bring about positive changes for
foster children.
Fixing our child welfare system has repercussions throughout our
society. Foster children who age out of the child welfare system
without having developed family supports or skills that can lead to
employment create a large societal cost. Consider that a 1999 GAO
report found that 40 percent of adults who had aged out of foster care
were dependent on public assistance or Medicaid. 51 percent were
unemployed; 25 percent had experienced homelessness; 27 percent of
males had been incarcerated at least once. In the next 15 years 300,000
foster children will age out of care without any transition supports.
This body has a moral obligation to do all we can to confront these sad
realities.
Even as I celebrate the progress that the bill before us today
represents, I call on my colleagues on both sides of the aisle to take
the next step and implement changes that will provide support for
children transitioning out of foster care. One such change would be to
eliminate the scandalous state practice of robbing foster children of
their social security benefits. Nearly every state in the nation
confiscates foster children's disability and survivor's benefits when
those children are under the responsibility of the state. If this
practice were prohibited, foster children could use the money that
rightly belongs to them for job training, housing, and transportation
expenses. These funds would ease foster children's transition to
adulthood and provide them with hope for the future.
I urge you to support the bill before us, but please remember that we
still have work to do.
Mr. HERGER. Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from California (Mr. Herger) that the House suspend the rules
and concur in the Senate amendments to the House amendments to the
Senate bill, S. 3525.
[[Page H7387]]
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the Senate amendments to the
House amendments to the Senate bill were concurred in.
A motion to reconsider was laid on the table.
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