[Congressional Record Volume 162, Number 99 (Tuesday, June 21, 2016)]
[House]
[Pages H4028-H4042]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
FAMILY FIRST PREVENTION SERVICES ACT OF 2016
Mr. BUCHANAN. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 5456) to amend parts B and E of title IV of the Social
Security Act to invest in funding prevention and family services to
help keep children safe and supported at home, to ensure that children
in foster care are placed in the least restrictive, most family-like,
and appropriate settings, and for other purposes, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 5456
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Family First Prevention
Services Act of 2016''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--INVESTING IN PREVENTION AND FAMILY SERVICES
Sec. 101. Purpose.
Subtitle A--Prevention Activities Under Title IV-E
Sec. 111. Foster care prevention services and programs.
Sec. 112. Foster care maintenance payments for children with parents in
a licensed residential family-based treatment facility
for substance abuse.
Sec. 113. Title IV-E payments for evidence-based kinship navigator
programs.
Subtitle B--Enhanced Support Under Title IV-B
Sec. 121. Elimination of time limit for family reunification services
while in foster care and permitting time-limited family
reunification services when a child returns home from
foster care.
Sec. 122. Reducing bureaucracy and unnecessary delays when placing
children in homes across State lines.
Sec. 123. Enhancements to grants to improve well-being of families
affected by substance abuse.
Subtitle C--Miscellaneous
Sec. 131. Reviewing and improving licensing standards for placement in
a relative foster family home.
Sec. 132. Development of a statewide plan to prevent child abuse and
neglect fatalities.
Sec. 133. Modernizing the title and purpose of title IV-E.
Sec. 134. Effective dates.
TITLE II--ENSURING THE NECESSITY OF A PLACEMENT THAT IS NOT IN A FOSTER
FAMILY HOME
Sec. 201. Limitation on Federal financial participation for placements
that are not in foster family homes.
Sec. 202. Assessment and documentation of the need for placement in a
qualified residential treatment program.
Sec. 203. Protocols to prevent inappropriate diagnoses.
Sec. 204. Additional data and reports regarding children placed in a
setting that is not a foster family home.
Sec. 205. Effective dates; application to waivers.
TITLE III--CONTINUING SUPPORT FOR CHILD AND FAMILY SERVICES
Sec. 301. Supporting and retaining foster families for children.
Sec. 302. Extension of child and family services programs.
Sec. 303. Improvements to the John H. Chafee Foster Care Independence
Program and related provisions.
TITLE IV--CONTINUING INCENTIVES TO STATES TO PROMOTE ADOPTION AND LEGAL
GUARDIANSHIP
Sec. 401. Reauthorizing adoption and legal guardianship incentive
programs.
TITLE V--TECHNICAL CORRECTIONS
Sec. 501. Technical corrections to data exchange standards to improve
program coordination.
Sec. 502. Technical corrections to State requirement to address the
developmental needs of young children.
TITLE VI--ENSURING STATES REINVEST SAVINGS RESULTING FROM INCREASE IN
ADOPTION ASSISTANCE
Sec. 601. Delay of adoption assistance phase-in.
Sec. 602. GAO study and report on State reinvestment of savings
resulting from increase in adoption assistance.
TITLE I--INVESTING IN PREVENTION AND FAMILY SERVICES
SEC. 101. PURPOSE.
The purpose of this title is to enable States to use
Federal funds available under parts B and E of title IV of
the Social Security Act to provide enhanced support to
children and families and prevent foster care placements
through the provision of mental health and substance abuse
prevention and treatment services, in-home parent skill-based
programs, and kinship navigator services.
Subtitle A--Prevention Activities Under Title IV-E
SEC. 111. FOSTER CARE PREVENTION SERVICES AND PROGRAMS.
(a) State Option.--Section 471 of the Social Security Act
(42 U.S.C. 671) is amended--
(1) in subsection (a)(1), by striking ``and'' and all that
follows through the semicolon and inserting ``, adoption
assistance in accordance with section 473, and, at the option
of the State, services or programs specified in subsection
(e)(1) of this section for children who are candidates for
foster care or who are pregnant or parenting foster youth and
the parents or kin caregivers of the children, in accordance
with the requirements of that subsection;''; and
(2) by adding at the end the following:
``(e) Prevention and Family Services and Programs.--
``(1) In general.--Subject to the succeeding provisions of
this subsection, the Secretary may make a payment to a State
for providing the following services or programs for a child
described
[[Page H4029]]
in paragraph (2) and the parents or kin caregivers of the
child when the need of the child, such a parent, or such a
caregiver for the services or programs are directly related
to the safety, permanence, or well-being of the child or to
preventing the child from entering foster care:
``(A) Mental health and substance abuse prevention and
treatment services.--Mental health and substance abuse
prevention and treatment services provided by a qualified
clinician for not more than a 12-month period that begins on
any date described in paragraph (3) with respect to the
child.
``(B) In-home parent skill-based programs.--In-home parent
skill-based programs for not more than a 12-month period that
begins on any date described in paragraph (3) with respect to
the child and that include parenting skills training, parent
education, and individual and family counseling.
``(2) Child described.--For purposes of paragraph (1), a
child described in this paragraph is the following:
``(A) A child who is a candidate for foster care (as
defined in section 475(13)) but can remain safely at home or
in a kinship placement with receipt of services or programs
specified in paragraph (1).
``(B) A child in foster care who is a pregnant or parenting
foster youth.
``(3) Date described.--For purposes of paragraph (1), the
dates described in this paragraph are the following:
``(A) The date on which a child is identified in a
prevention plan maintained under paragraph (4) as a child who
is a candidate for foster care (as defined in section
475(13)).
``(B) The date on which a child is identified in a
prevention plan maintained under paragraph (4) as a pregnant
or parenting foster youth in need of services or programs
specified in paragraph (1).
``(4) Requirements related to providing services and
programs.--Services and programs specified in paragraph (1)
may be provided under this subsection only if specified in
advance in the child's prevention plan described in
subparagraph (A) and the requirements in subparagraphs (B)
through (E) are met:
``(A) Prevention plan.--The State maintains a written
prevention plan for the child that meets the following
requirements (as applicable):
``(i) Candidates.--In the case of a child who is a
candidate for foster care described in paragraph (2)(A), the
prevention plan shall--
``(I) identify the foster care prevention strategy for the
child so that the child may remain safely at home, live
temporarily with a kin caregiver until reunification can be
safely achieved, or live permanently with a kin caregiver;
``(II) list the services or programs to be provided to or
on behalf of the child to ensure the success of that
prevention strategy; and
``(III) comply with such other requirements as the
Secretary shall establish.
``(ii) Pregnant or parenting foster youth.--In the case of
a child who is a pregnant or parenting foster youth described
in paragraph (2)(B), the prevention plan shall--
``(I) be included in the child's case plan required under
section 475(1);
``(II) list the services or programs to be provided to or
on behalf of the youth to ensure that the youth is prepared
(in the case of a pregnant foster youth) or able (in the case
of a parenting foster youth) to be a parent;
``(III) describe the foster care prevention strategy for
any child born to the youth; and
``(IV) comply with such other requirements as the Secretary
shall establish.
``(B) Trauma-informed.--The services or programs to be
provided to or on behalf of a child are provided under an
organizational structure and treatment framework that
involves understanding, recognizing, and responding to the
effects of all types of trauma and in accordance with
recognized principles of a trauma-informed approach and
trauma-specific interventions to address trauma's
consequences and facilitate healing.
``(C) Only services and programs provided in accordance
with promising, supported, or well-supported practices
permitted.--
``(i) In general.--Only State expenditures for services or
programs specified in subparagraph (A) or (B) of paragraph
(1) that are provided in accordance with practices that meet
the requirements specified in clause (ii) of this
subparagraph and that meet the requirements specified in
clause (iii), (iv), or (v), respectively, for being a
promising, supported, or well-supported practice, shall be
eligible for a Federal matching payment under section
474(a)(6)(A).
``(ii) General practice requirements.--The general practice
requirements specified in this clause are the following:
``(I) The practice has a book, manual, or other available
writings that specify the components of the practice protocol
and describe how to administer the practice.
``(II) There is no empirical basis suggesting that,
compared to its likely benefits, the practice constitutes a
risk of harm to those receiving it.
``(III) If multiple outcome studies have been conducted,
the overall weight of evidence supports the benefits of the
practice.
``(IV) Outcome measures are reliable and valid, and are
administrated consistently and accurately across all those
receiving the practice.
``(V) There is no case data suggesting a risk of harm that
was probably caused by the treatment and that was severe or
frequent.
``(iii) Promising practice.--A practice shall be considered
to be a `promising practice' if the practice is superior to
an appropriate comparison practice using conventional
standards of statistical significance (in terms of
demonstrated meaningful improvements in validated measures of
important child and parent outcomes, such as mental health,
substance abuse, and child safety and well-being), as
established by the results or outcomes of at least 1 study
that--
``(I) was rated by an independent systematic review for the
quality of the study design and execution and determined to
be well-designed and well-executed; and
``(II) utilized some form of control (such as an untreated
group, a placebo group, or a wait list study).
``(iv) Supported practice.--A practice shall be considered
to be a `supported practice' if--
``(I) the practice is superior to an appropriate comparison
practice using conventional standards of statistical
significance (in terms of demonstrated meaningful
improvements in validated measures of important child and
parent outcomes, such as mental health, substance abuse, and
child safety and well-being), as established by the results
or outcomes of at least 1 study that--
``(aa) was rated by an independent systematic review for
the quality of the study design and execution and determined
to be well-designed and well-executed;
``(bb) was a rigorous random-controlled trial (or, if not
available, a study using a rigorous quasi-experimental
research design); and
``(cc) was carried out in a usual care or practice setting;
and
``(II) the study described in subclause (I) established
that the practice has a sustained effect (when compared to a
control group) for at least 6 months beyond the end of the
treatment.
``(v) Well-supported practice.--A practice shall be
considered to be a `well-supported practice' if--
``(I) the practice is superior to an appropriate comparison
practice using conventional standards of statistical
significance (in terms of demonstrated meaningful
improvements in validated measures of important child and
parent outcomes, such as mental health, substance abuse, and
child safety and well-being), as established by the results
or outcomes of at least 2 studies that--
``(aa) were rated by an independent systematic review for
the quality of the study design and execution and determined
to be well-designed and well-executed;
``(bb) were rigorous random-controlled trials (or, if not
available, studies using a rigorous quasi-experimental
research design); and
``(cc) were carried out in a usual care or practice
setting; and
``(II) at least 1 of the studies described in subclause (I)
established that the practice has a sustained effect (when
compared to a control group) for at least 1 year beyond the
end of treatment.
``(D) Guidance on practices criteria and pre-approved
services and programs.--
``(i) In general.--Not later than October 1, 2018, the
Secretary shall issue guidance to States regarding the
practices criteria required for services or programs to
satisfy the requirements of subparagraph (C). The guidance
shall include a pre-approved list of services and programs
that satisfy the requirements.
``(ii) Updates.--The Secretary shall issue updates to the
guidance required by clause (i) as often as the Secretary
determines necessary.
``(E) Outcome assessment and reporting.--The State shall
collect and report to the Secretary the following information
with respect to each child for whom, or on whose behalf
mental health and substance abuse prevention and treatment
services or in-home parent skill-based programs are provided
during a 12-month period beginning on the date the child is
determined by the State to be a child described in paragraph
(2):
``(i) The specific services or programs provided and the
total expenditures for each of the services or programs.
``(ii) The duration of the services or programs provided.
``(iii) In the case of a child described in paragraph
(2)(A), the child's placement status at the beginning, and at
the end, of the 1-year period, respectively, and whether the
child entered foster care within 2 years after being
determined a candidate for foster care.
``(5) State plan component.--
``(A) In general.--A State electing to provide services or
programs specified in paragraph (1) shall submit as part of
the State plan required by subsection (a) a prevention
services and programs plan component that meets the
requirements of subparagraph (B).
``(B) Prevention services and programs plan component.--In
order to meet the requirements of this subparagraph, a
prevention services and programs plan component, with respect
to each 5-year period for which the plan component is in
operation in the State, shall include the following:
``(i) How providing services and programs specified in
paragraph (1) is expected to improve specific outcomes for
children and families.
``(ii) How the State will monitor and oversee the safety of
children who receive services and programs specified in
paragraph (1), including through periodic risk assessments
throughout the period in which the services and programs are
provided on behalf of a child and reexamination of the
prevention plan maintained for the child under paragraph (4)
for the provision of the services or programs if the State
determines the risk of the child entering foster care remains
high despite the provision of the services or programs.
``(iii) With respect to the services and programs specified
in subparagraphs (A) and (B) of paragraph (1), information on
the specific promising, supported, or well-supported
practices the State plans to use to provide the services or
programs, including a description of--
``(I) the services or programs and whether the practices
used are promising, supported, or well-supported;
``(II) how the State plans to implement the services or
programs, including how implementation of the services or
programs will be continuously monitored to ensure fidelity to
the
[[Page H4030]]
practice model and to determine outcomes achieved and how
information learned from the monitoring will be used to
refine and improve practices;
``(III) how the State selected the services or programs;
``(IV) the target population for the services or programs;
and
``(V) how each service or program provided will be
evaluated through a well-designed and rigorous process, which
may consist of an ongoing, cross-site evaluation approved by
the Secretary.
``(iv) A description of the consultation that the State
agencies responsible for administering the State plans under
this part and part B engage in with other State agencies
responsible for administering health programs, including
mental health and substance abuse prevention and treatment
services, and with other public and private agencies with
experience in administering child and family services,
including community-based organizations, in order to foster a
continuum of care for children described in paragraph (2) and
their parents or kin caregivers.
``(v) A description of how the State shall assess children
and their parents or kin caregivers to determine eligibility
for services or programs specified in paragraph (1).
``(vi) A description of how the services or programs
specified in paragraph (1) that are provided for or on behalf
of a child and the parents or kin caregivers of the child
will be coordinated with other child and family services
provided to the child and the parents or kin caregivers of
the child under the State plan under part B.
``(vii) Descriptions of steps the State is taking to
support and enhance a competent, skilled, and professional
child welfare workforce to deliver trauma-informed and
evidence-based services, including--
``(I) ensuring that staff is qualified to provide services
or programs that are consistent with the promising,
supported, or well-supported practice models selected; and
``(II) developing appropriate prevention plans, and
conducting the risk assessments required under clause (iii).
``(viii) A description of how the State will provide
training and support for caseworkers in assessing what
children and their families need, connecting to the families
served, knowing how to access and deliver the needed trauma-
informed and evidence-based services, and overseeing and
evaluating the continuing appropriateness of the services.
``(ix) A description of how caseload size and type for
prevention caseworkers will be determined, managed, and
overseen.
``(x) An assurance that the State will report to the
Secretary such information and data as the Secretary may
require with respect to the provision of services and
programs specified in paragraph (1), including information
and data necessary to determine the performance measures for
the State under paragraph (6) and compliance with paragraph
(7).
``(C) Reimbursement for services under the prevention plan
component.--
``(i) Limitation.--Except as provided in subclause (ii), a
State may not receive a Federal payment under this part for a
given promising, supported, or well-supported practice unless
(in accordance with subparagraph (B)(iii)(V)) the plan
includes a well-designed and rigorous evaluation strategy for
that practice.
``(ii) Waiver of limitation.--The Secretary may waive the
requirement for a well-designed and rigorous evaluation of
any well-supported practice if the Secretary deems the
evidence of the effectiveness of the practice to be
compelling and the State meets the continuous quality
improvement requirements included in subparagraph
(B)(iii)(II) with regard to the practice.
``(6) Prevention services measures.--
``(A) Establishment; annual updates.--Beginning with fiscal
year 2021, and annually thereafter, the Secretary shall
establish the following prevention services measures based on
information and data reported by States that elect to provide
services and programs specified in paragraph (1):
``(i) Percentage of candidates for foster care who do not
enter foster care.--The percentage of candidates for foster
care for whom, or on whose behalf, the services or programs
are provided who do not enter foster care, including those
placed with a kin caregiver outside of foster care, during
the 12-month period in which the services or programs are
provided and through the end of the succeeding 12-month-
period.
``(ii) Per-child spending.--The total amount of
expenditures made for mental health and substance abuse
prevention and treatment services or in-home parent skill-
based programs, respectively, for, or on behalf of, each
child described in paragraph (2).
``(B) Data.--The Secretary shall establish and annually
update the prevention services measures--
``(i) based on the median State values of the information
reported under each clause of subparagraph (A) for the 3 then
most recent years; and
``(ii) taking into account State differences in the price
levels of consumption goods and services using the most
recent regional price parities published by the Bureau of
Economic Analysis of the Department of Commerce or such other
data as the Secretary determines appropriate.
``(C) Publication of state prevention services measures.--
The Secretary shall annually make available to the public the
prevention services measures of each State.
``(7) Maintenance of effort for state foster care
prevention expenditures.--
``(A) In general.--If a State elects to provide services
and programs specified in paragraph (1) for a fiscal year,
the State foster care prevention expenditures for the fiscal
year shall not be less than the amount of the expenditures
for fiscal year 2014.
``(B) State foster care prevention expenditures.--The term
`State foster care prevention expenditures' means the
following:
``(i) TANF; iv-b; ssbg.--State expenditures for foster care
prevention services and activities under the State program
funded under part A (including from amounts made available by
the Federal Government), under the State plan developed under
part B (including any such amounts), or under the Social
Services Block Grant Programs under subtitle A of title XX
(including any such amounts).
``(ii) Other state programs.--State expenditures for foster
care prevention services and activities under any State
program that is not described in clause (i) (other than any
State expenditures for foster care prevention services and
activities under the State program under this part (including
under a waiver of the program)).
``(C) State expenditures.--The term `State expenditures'
means all State or local funds that are expended by the State
or a local agency including State or local funds that are
matched or reimbursed by the Federal Government and State or
local funds that are not matched or reimbursed by the Federal
Government.
``(D) Determination of prevention services and
activities.--The Secretary shall require each State that
elects to provide services and programs specified in
paragraph (1) to report the expenditures specified in
subparagraph (B) for fiscal year 2014 and for such fiscal
years thereafter as are necessary to determine whether the
State is complying with the maintenance of effort requirement
in subparagraph (A). The Secretary shall specify the specific
services and activities under each program referred to in
subparagraph (B) that are `prevention services and
activities' for purposes of the reports.
``(8) Prohibition against use of state foster care
prevention expenditures and federal iv-e prevention funds for
matching or expenditure requirement.--A State that elects to
provide services and programs specified in paragraph (1)
shall not use any State foster care prevention expenditures
for a fiscal year for the State share of expenditures under
section 474(a)(6) for a fiscal year.
``(9) Administrative costs.--Expenditures described in
section 474(a)(6)(B)--
``(A) shall not be eligible for payment under subparagraph
(A), (B), or (E) of section 474(a)(3); and
``(B) shall be eligible for payment under section
474(a)(6)(B) without regard to whether the expenditures are
incurred on behalf of a child who is, or is potentially,
eligible for foster care maintenance payments under this
part.
``(10) Application.--The provision of services or programs
under this subsection to or on behalf of a child described in
paragraph (2) shall not be considered to be receipt of aid or
assistance under the State plan under this part for purposes
of eligibility for any other program established under this
Act.''.
(b) Definition.--Section 475 of such Act (42 U.S.C. 675) is
amended by adding at the end the following:
``(13) The term `child who is a candidate for foster care'
means, a child who is identified in a prevention plan under
section 471(e)(4)(A) as being at imminent risk of entering
foster care (without regard to whether the child would be
eligible for foster care maintenance payments under section
472 or is or would be eligible for adoption assistance or
kinship guardianship assistance payments under section 473)
but who can remain safely in the child's home or in a kinship
placement as long as services or programs specified in
section 471(e)(1) that are necessary to prevent the entry of
the child into foster care are provided. The term includes a
child whose adoption or guardianship arrangement is at risk
of a disruption or dissolution that would result in a foster
care placement.''.
(c) Payments Under Title IV-E.--Section 474(a) of such Act
(42 U.S.C. 674(a)) is amended--
(1) in paragraph (5), by striking the period at the end and
inserting ``; plus''; and
(2) by adding at the end the following:
``(6) subject to section 471(e)--
``(A) for each quarter--
``(i) subject to clause (ii)--
``(I) beginning after September 30, 2019, and before
October 1, 2025, an amount equal to 50 percent of the total
amount expended during the quarter for the provision of
services or programs specified in subparagraph (A) or (B) of
section 471(e)(1) that are provided in accordance with
promising, supported, or well-supported practices that meet
the applicable criteria specified for the practices in
section 471(e)(4)(C); and
``(II) beginning after September 30, 2025, an amount equal
to the Federal medical assistance percentage (which shall be
as defined in section 1905(b), in the case of a State other
than the District of Columbia, or 70 percent, in the case of
the District of Columbia) of the total amount expended during
the quarter for the provision of services or programs
specified in subparagraph (A) or (B) of section 471(e)(1)
that are provided in accordance with promising, supported, or
well-supported practices that meet the applicable criteria
specified for the practices in section 471(e)(4)(C) (or, with
respect to the payments made during the quarter under a
cooperative agreement or contract entered into by the State
and an Indian tribe, tribal organization, or tribal
consortium for the administration or payment of funds under
this part, an amount equal to the Federal medical assistance
percentage that would apply under section 479B(d) (in this
paragraph referred to as the `tribal FMAP') if the Indian
tribe, tribal organization, or tribal consortium made the
payments under a program operated under that section, unless
the tribal FMAP is less than the Federal medical assistance
percentage that applies to the State); except that
[[Page H4031]]
``(ii) not less than 50 percent of the total amount payable
to a State under clause (i) for a fiscal year shall be for
the provision of services or programs specified in
subparagraph (A) or (B) of section 471(e)(1) that are
provided in accordance with well-supported practices; plus
``(B) for each quarter specified in subparagraph (A), an
amount equal to the sum of the following proportions of the
total amount expended during the quarter:
``(i) 50 percent of so much of the expenditures as are
found necessary by the Secretary for the proper and efficient
administration of the State plan for the provision of
services or programs specified in section 471(e)(1),
including expenditures for activities approved by the
Secretary that promote the development of necessary processes
and procedures to establish and implement the provision of
the services and programs for individuals who are eligible
for the services and programs and expenditures attributable
to data collection and reporting; and
``(ii) 50 percent of so much of the expenditures with
respect to the provision of services and programs specified
in section 471(e)(1) as are for training of personnel
employed or preparing for employment by the State agency or
by the local agency administering the plan in the political
subdivision and of the members of the staff of State-licensed
or State-approved child welfare agencies providing services
to children described in section 471(e)(2) and their parents
or kin caregivers, including on how to determine who are
individuals eligible for the services or programs, how to
identify and provide appropriate services and programs, and
how to oversee and evaluate the ongoing appropriateness of
the services and programs.''.
(d) Technical Assistance and Best Practices, Clearinghouse,
and Data Collection and Evaluations.--Section 476 of such Act
(42 U.S.C. 676) is amended by adding at the end the
following:
``(d) Technical Assistance and Best Practices,
Clearinghouse, Data Collection, and Evaluations Relating to
Prevention Services and Programs.--
``(1) Technical assistance and best practices.--The
Secretary shall provide to States and, as applicable, to
Indian tribes, tribal organizations, and tribal consortia,
technical assistance regarding the provision of services and
programs described in section 471(e)(1) and shall disseminate
best practices with respect to the provision of the services
and programs, including how to plan and implement a well-
designed and rigorous evaluation of a promising, supported,
or well-supported practice.
``(2) Clearinghouse of promising, supported, and well-
supported practices.--The Secretary shall, directly or
through grants, contracts, or interagency agreements,
evaluate research on the practices specified in clauses
(iii), (iv), and (v), respectively, of section 471(e)(4)(C),
and programs that meet the requirements described in section
427(a)(1), including culturally specific, or location- or
population-based adaptations of the practices, to identify
and establish a public clearinghouse of the practices that
satisfy each category described by such clauses. In addition,
the clearinghouse shall include information on the specific
outcomes associated with each practice, including whether the
practice has been shown to prevent child abuse and neglect
and reduce the likelihood of foster care placement by
supporting birth families and kinship families and improving
targeted supports for pregnant and parenting youth and their
children.
``(3) Data collection and evaluations.--The Secretary,
directly or through grants, contracts, or interagency
agreements, may collect data and conduct evaluations with
respect to the provision of services and programs described
in section 471(e)(1) for purposes of assessing the extent to
which the provision of the services and programs--
``(A) reduces the likelihood of foster care placement;
``(B) increases use of kinship care arrangements; or
``(C) improves child well-being.
``(4) Reports to congress.--
``(A) In general.--The Secretary shall submit to the
Committee on Finance of the Senate and the Committee on Ways
and Means of the House of Representatives periodic reports
based on the provision of services and programs described in
section 471(e)(1) and the activities carried out under this
subsection.
``(B) Public availability.--The Secretary shall make the
reports to Congress submitted under this paragraph publicly
available.
``(5) Appropriation.--Out of any money in the Treasury of
the United States not otherwise appropriated, there is
appropriated to the Secretary $1,000,000 for fiscal year 2016
and each fiscal year thereafter to carry out this
subsection.''.
(e) Application to Programs Operated by Indian Tribal
Organizations.--
(1) In general.--Section 479B of such Act (42 U.S.C. 679c)
is amended--
(A) in subsection (c)(1)--
(i) in subparagraph (C)(i)--
(I) in subclause (II), by striking ``and'' after the
semicolon;
(II) in subclause (III), by striking the period at the end
and inserting ``; and''; and
(III) by adding at the end the following:
``(IV) at the option of the tribe, organization, or
consortium, services and programs specified in section
471(e)(1) to children described in section 471(e)(2) and
their parents or kin caregivers, in accordance with section
471(e) and subparagraph (E).''; and
(ii) by adding at the end the following:
``(E) Prevention services and programs for children and
their parents and kin caregivers.--
``(i) In general.--In the case of a tribe, organization, or
consortium that elects to provide services and programs
specified in section 471(e)(1) to children described in
section 471(e)(2) and their parents or kin caregivers under
the plan, the Secretary shall specify the requirements
applicable to the provision of the services and programs. The
requirements shall, to the greatest extent practicable, be
consistent with the requirements applicable to States under
section 471(e) and shall permit the provision of the services
and programs in the form of services and programs that are
adapted to the culture and context of the tribal communities
served.
``(ii) Performance measures.--The Secretary shall establish
specific performance measures for each tribe, organization,
or consortium that elects to provide services and programs
specified in section 471(e)(1). The performance measures
shall, to the greatest extent practicable, be consistent with
the prevention services measures required for States under
section 471(e)(6) but shall allow for consideration of
factors unique to the provision of the services by tribes,
organizations, or consortia.''; and
(B) in subsection (d)(1), by striking ``and (5)'' and
inserting ``(5), and (6)(A)''.
(2) Conforming amendment.--The heading for subsection (d)
of section 479B of such Act (42 U.S.C. 679c) is amended by
striking ``for Foster Care Maintenance and Adoption
Assistance Payments''.
SEC. 112. FOSTER CARE MAINTENANCE PAYMENTS FOR CHILDREN WITH
PARENTS IN A LICENSED RESIDENTIAL FAMILY-BASED
TREATMENT FACILITY FOR SUBSTANCE ABUSE.
(a) In General.--Section 472 of the Social Security Act (42
U.S.C. 672) is amended--
(1) in subsection (a)(2)(C), by striking ``or'' and
inserting ``, with a parent residing in a licensed
residential family-based treatment facility, but only to the
extent permitted under subsection (j), or in a''; and
(2) by adding at the end the following:
``(j) Children Placed With a Parent Residing in a Licensed
Residential Family-based Treatment Facility for Substance
Abuse.--
``(1) In general.--Notwithstanding the preceding provisions
of this section, a child who is eligible for foster care
maintenance payments under this section, or who would be
eligible for the payments if the eligibility were determined
without regard to paragraphs (1)(B) and (3) of subsection
(a), shall be eligible for the payments for a period of not
more than 12 months during which the child is placed with a
parent who is in a licensed residential family-based
treatment facility for substance abuse, but only if--
``(A) the recommendation for the placement is specified in
the child's case plan before the placement;
``(B) the treatment facility provides, as part of the
treatment for substance abuse, parenting skills training,
parent education, and individual and family counseling; and
``(C) the substance abuse treatment, parenting skills
training, parent education, and individual and family
counseling is provided under an organizational structure and
treatment framework that involves understanding, recognizing,
and responding to the effects of all types of trauma and in
accordance with recognized principles of a trauma-informed
approach and trauma-specific interventions to address the
consequences of trauma and facilitate healing.
``(2) Application.--With respect to children for whom
foster care maintenance payments are made under paragraph
(1), only the children who satisfy the requirements of
paragraphs (1)(B) and (3) of subsection (a) shall be
considered to be children with respect to whom foster care
maintenance payments are made under this section for purposes
of subsection (h) or section 473(b)(3)(B).''.
(b) Conforming Amendment.--Section 474(a)(1) of such Act
(42 U.S.C. 674(a)(1)) is amended by inserting ``subject to
section 472(j),'' before ``an amount equal to the Federal''
the 1st place it appears.
SEC. 113. TITLE IV-E PAYMENTS FOR EVIDENCE-BASED KINSHIP
NAVIGATOR PROGRAMS.
Section 474(a) of the Social Security Act (42 U.S.C.
674(a)), as amended by section 111(c), is amended--
(1) in paragraph (6), by striking the period at the end and
inserting ``; plus''; and
(2) by adding at the end the following:
``(7) an amount equal to 50 percent of the amounts expended
by the State during the quarter as the Secretary determines
are for kinship navigator programs that meet the requirements
described in section 427(a)(1) and that the Secretary
determines are operated in accordance with promising,
supported, or well-supported practices that meet the
applicable criteria specified for the practices in section
471(e)(4)(C), without regard to whether the expenditures are
incurred on behalf of children who are, or are potentially,
eligible for foster care maintenance payments under this
part.''.
Subtitle B--Enhanced Support Under Title IV-B
SEC. 121. ELIMINATION OF TIME LIMIT FOR FAMILY REUNIFICATION
SERVICES WHILE IN FOSTER CARE AND PERMITTING
TIME-LIMITED FAMILY REUNIFICATION SERVICES WHEN
A CHILD RETURNS HOME FROM FOSTER CARE.
(a) In General.--Section 431(a)(7) of the Social Security
Act (42 U.S.C. 629a(a)(7)) is amended--
(1) in the paragraph heading, by striking ``Time-limited
family'' and inserting ``Family''; and
(2) in subparagraph (A)--
(A) by striking ``time-limited family'' and inserting
``family'';
(B) by inserting ``or a child who has been returned home''
after ``child care institution''; and
(C) by striking ``, but only during the 15-month period
that begins on the date that the child, pursuant to section
475(5)(F), is considered to have entered foster care'' and
inserting
[[Page H4032]]
``and to ensure the strength and stability of the
reunification. In the case of a child who has been returned
home, the services and activities shall only be provided
during the 15-month period that begins on the date that the
child returns home''.
(b) Conforming Amendments.--
(1) Section 430 of such Act (42 U.S.C. 629) is amended in
the matter preceding paragraph (1), by striking ``time-
limited''.
(2) Subsections (a)(4), (a)(5)(A), and (b)(1) of section
432 of such Act (42 U.S.C. 629b) are amended by striking
``time-limited'' each place it appears.
SEC. 122. REDUCING BUREAUCRACY AND UNNECESSARY DELAYS WHEN
PLACING CHILDREN IN HOMES ACROSS STATE LINES.
(a) State Plan Requirement.--Section 471(a)(25) of the
Social Security Act (42 U.S.C. 671(a)(25)) is amended--
(1) by striking ``provide'' and insert ``provides''; and
(2) by inserting ``, which, not later than October 1, 2026,
shall include the use of an electronic interstate case-
processing system'' before the 1st semicolon.
(b) Grants for the Development of an Electronic Interstate
Case-processing System to Expedite the Interstate Placement
of Children in Foster Care or Guardianship, or for
Adoption.--Section 437 of such Act (42 U.S.C. 629g) is
amended by adding at the end the following:
``(g) Grants for the Development of an Electronic
Interstate Case-processing System to Expedite the Interstate
Placement of Children in Foster Care or Guardianship, or for
Adoption.--
``(1) Purpose.--The purpose of this subsection is to
facilitate the development of an electronic interstate case-
processing system for the exchange of data and documents to
expedite the placements of children in foster, guardianship,
or adoptive homes across State lines.
``(2) Application requirements.--A State that desires a
grant under this subsection shall submit to the Secretary an
application containing the following:
``(A) A description of the goals and outcomes to be
achieved during the period for which grant funds are sought,
which goals and outcomes must result in--
``(i) reducing the time it takes for a child to be provided
with a safe and appropriate permanent living arrangement
across State lines;
``(ii) improving administrative processes and reducing
costs in the foster care system; and
``(iii) the secure exchange of relevant case files and
other necessary materials in real time, and timely
communications and placement decisions regarding interstate
placements of children.
``(B) A description of the activities to be funded in whole
or in part with the grant funds, including the sequencing of
the activities.
``(C) A description of the strategies for integrating
programs and services for children who are placed across
State lines.
``(D) Such other information as the Secretary may require.
``(3) Grant authority.--The Secretary may make a grant to a
State that complies with paragraph (2).
``(4) Use of funds.--A State to which a grant is made under
this subsection shall use the grant to support the State in
connecting with the electronic interstate case-processing
system described in paragraph (1).
``(5) Evaluations.--Not later than 1 year after the final
year in which grants are awarded under this subsection, the
Secretary shall submit to the Congress, and make available to
the general public by posting on a website, a report that
contains the following information:
``(A) How using the electronic interstate case-processing
system developed pursuant to paragraph (4) has changed the
time it takes for children to be placed across State lines.
``(B) The number of cases subject to the Interstate Compact
on the Placement of Children that were processed through the
electronic interstate case-processing system, and the number
of interstate child placement cases that were processed
outside the electronic interstate case-processing system, by
each State in each year.
``(C) The progress made by States in implementing the
electronic interstate case-processing system.
``(D) How using the electronic interstate case-processing
system has affected various metrics related to child safety
and well-being, including the time it takes for children to
be placed across State lines.
``(E) How using the electronic interstate case-processing
system has affected administrative costs and caseworker time
spent on placing children across State lines.
``(6) Data integration.--The Secretary, in consultation
with the Secretariat for the Interstate Compact on the
Placement of Children and the States, shall assess how the
electronic interstate case-processing system developed
pursuant to paragraph (4) could be used to better serve and
protect children that come to the attention of the child
welfare system, by--
``(A) connecting the system with other data systems (such
as systems operated by State law enforcement and judicial
agencies, systems operated by the Federal Bureau of
Investigation for the purposes of the Innocence Lost National
Initiative, and other systems);
``(B) simplifying and improving reporting related to
paragraphs (34) and (35) of section 471(a) regarding children
or youth who have been identified as being a sex trafficking
victim or children missing from foster care; and
``(C) improving the ability of States to quickly comply
with background check requirements of section 471(a)(20),
including checks of child abuse and neglect registries as
required by section 471(a)(20)(B).''.
(c) Reservation of Funds to Improve the Interstate
Placement of Children.--Section 437(b) of such Act (42 U.S.C.
629g(b)) is amended by adding at the end the following:
``(4) Improving the interstate placement of children.--The
Secretary shall reserve $5,000,000 of the amount made
available for fiscal year 2017 for grants under subsection
(g), and the amount so reserved shall remain available
through fiscal year 2021.''.
SEC. 123. ENHANCEMENTS TO GRANTS TO IMPROVE WELL-BEING OF
FAMILIES AFFECTED BY SUBSTANCE ABUSE.
Section 437(f) of the Social Security Act (42 U.S.C.
629g(f)) is amended--
(1) in the subsection heading, by striking ``Increase the
Well-Being of, and To Improve the Permanency Outcomes for,
Children Affected by'' and inserting ``Implement Iv-e
Prevention Services, and Improve the Well-being of, and
Improve Permanency Outcomes for, Children and Families
Affected by Heroin, Opioids, and Other'';
(2) by striking paragraph (2) and inserting the following:
``(2) Regional partnership defined.--In this subsection,
the term `regional partnership' means a collaborative
agreement (which may be established on an interstate, State,
or intrastate basis) entered into by the following:
``(A) Mandatory partners for all partnership grants.--
``(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.
``(B) Mandatory partners for partnership grants proposing
to serve children in out-of-home placements.--If the
partnership proposes to serve children in out-of-home
placements, the Juvenile Court or Administrative Office of
the Court that is most appropriate to oversee the
administration of court programs in the region to address the
population of families who come to the attention of the court
due to child abuse or neglect.
``(C) Optional partners.--At the option of the partnership,
any of the following:
``(i) An Indian tribe or tribal consortium.
``(ii) Nonprofit child welfare service providers.
``(iii) For-profit child welfare service providers.
``(iv) Community health service providers, including
substance abuse treatment providers.
``(v) Community mental health providers.
``(vi) Local law enforcement agencies.
``(vii) School personnel.
``(viii) Tribal child welfare agencies (or a consortia of
the agencies).
``(ix) Any other providers, agencies, personnel, officials,
or entities that are related to the provision of child and
family services under a State plan approved under this
subpart.
``(D) Exception for regional partnerships where the lead
applicant is an indian tribe 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 the State child
welfare agency as a partner in the collaborative agreement;
``(ii) may not enter into a collaborative agreement only
with tribal child welfare agencies (or a consortium of the
agencies); and
``(iii) if the condition described in paragraph (2)(B)
applies, may include tribal court organizations in lieu of
other judicial partners.'';
(3) in paragraph (3)--
(A) in subparagraph (A)--
(i) by striking ``2012 through 2016'' and inserting ``2017
through 2021''; and
(ii) by striking ``$500,000 and not more than $1,000,000''
and inserting ``$250,000 and not more than $1,000,000'';
(B) in subparagraph (B)--
(i) in the subparagraph heading, by inserting ``;
planning'' after ``approval'';
(ii) in clause (i), by striking ``clause (ii)'' and
inserting ``clauses (ii) and (iii)''; and
(iii) by adding at the end the following:
``(iii) Sufficient planning.--A grant awarded under this
subsection shall be disbursed in 2 phases: a planning phase
(not to exceed 2 years); and an implementation phase. The
total disbursement to a grantee for the planning phase may
not exceed $250,000, and may not exceed the total anticipated
funding for the implementation phase.''; and
(C) by adding at the end the following:
``(D) Limitation on payment for a fiscal year.--No payment
shall be made under subparagraph (A) or (C) for a fiscal year
until the Secretary determines that the eligible partnership
has made sufficient progress in meeting the goals of the
grant and that the members of the eligible partnership are
coordinating to a reasonable degree with the other members of
the eligible partnership.'';
(4) in paragraph (4)--
(A) in subparagraph (B)--
(i) in clause (i), by inserting ``, parents, and families''
after ``children'';
(ii) in clause (ii), by striking ``safety and permanence
for such children; and'' and inserting ``safe, permanent
caregiving relationships for the children;'';
(iii) in clause (iii), by striking ``or'' and inserting
``increase reunification rates for children who have been
placed in out of home care, or decrease''; and
(iv) by redesignating clause (iii) as clause (v) and
inserting after clause (ii) the following:
``(iii) improve the substance abuse treatment outcomes for
parents including retention in treatment and successful
completion of treatment;
``(iv) facilitate the implementation, delivery, and
effectiveness of prevention services and programs under
section 471(e); and'';
[[Page H4033]]
(B) in subparagraph (D), by striking ``where
appropriate,''; and
(C) by striking subparagraphs (E) and (F) and inserting the
following:
``(E) A description of a plan for sustaining the services
provided by or activities funded under the grant after the
conclusion of the grant period, including through the use of
prevention services and programs under section 471(e) and
other funds provided to the State for child welfare and
substance abuse prevention and treatment services.
``(F) Additional information needed by the Secretary to
determine that the proposed activities and implementation
will be consistent with research or evaluations showing which
practices and approaches are most effective.'';
(5) in paragraph (5)(A), by striking ``abuse treatment''
and inserting ``use disorder treatment including medication
assisted treatment and in-home substance abuse disorder
treatment and recovery'';
(6) in paragraph (7)--
(A) by striking ``and'' at the end of subparagraph (C); and
(B) by redesignating subparagraph (D) as subparagraph (E)
and inserting after subparagraph (C) the following:
``(D) demonstrate a track record of successful
collaboration among child welfare, substance abuse disorder
treatment and mental health agencies; and'';
(7) in paragraph (8)--
(A) in subparagraph (A)--
(i) by striking ``establish indicators that will be'' and
inserting ``review indicators that are''; and
(ii) by striking ``in using funds made available under such
grants to achieve the purpose of this subsection'' and
inserting ``and establish a set of core indicators related to
child safety, parental recovery, parenting capacity, and
family well-being. In developing the core indicators, to the
extent possible, indicators shall be made consistent with the
outcome measures described in section 471(e)(6)'';
(B) in subparagraph (B)--
(i) in the matter preceding clause (i), by inserting ``base
the performance measures on lessons learned from prior rounds
of regional partnership grants under this subsection, and''
before ``consult''; and
(ii) by striking clauses (iii) and (iv) and inserting the
following:
``(iii) Other stakeholders or constituencies as determined
by the Secretary.'';
(8) in paragraph (9)(A), by striking clause (i) and
inserting the following:
``(i) Semiannual reports.--Not later than September 30 of
each fiscal year in which a recipient of a grant under this
subsection is paid funds under the grant, and every 6 months
thereafter, the grant recipient shall submit to the Secretary
a report on the services provided and activities carried out
during the reporting period, progress made in achieving the
goals of the program, the number of children, adults, and
families receiving services, and such additional information
as the Secretary determines is necessary. The report due not
later than September 30 of the last such fiscal year shall
include, at a minimum, data on each of the performance
indicators included in the evaluation of the regional
partnership.''; and
(9) in paragraph (10), by striking ``2012 through 2016''
and inserting ``2017 through 2021''.
Subtitle C--Miscellaneous
SEC. 131. REVIEWING AND IMPROVING LICENSING STANDARDS FOR
PLACEMENT IN A RELATIVE FOSTER FAMILY HOME.
(a) Identification of Reputable Model Licensing
Standards.--Not later than October 1, 2017, the Secretary of
Health and Human Services shall identify reputable model
licensing standards with respect to the licensing of foster
family homes (as defined in section 472(c)(1) of the Social
Security Act).
(b) State Plan Requirement.--Section 471(a) of the Social
Security Act (42 U.S.C. 671(a)) is amended--
(1) in paragraph (34)(B), by striking ``and'' after the
semicolon;
(2) in paragraph (35)(B), by striking the period at the end
and inserting a semicolon; and
(3) by adding at the end the following:
``(36) provides that, not later than April 1, 2018, the
State shall submit to the Secretary information addressing--
``(A) whether the State licensing standards are in accord
with model standards identified by the Secretary, and if not,
the reason for the specific deviation and a description as to
why having a standard that is reasonably in accord with the
corresponding national model standards is not appropriate for
the State;
``(B) whether the State has elected to waive standards
established in 471(a)(10)(A) for relative foster family homes
(pursuant to waiver authority provided by 471(a)(10)(D)), a
description of which standards the State most commonly
waives, and if the State has not elected to waive the
standards, the reason for not waiving these standards;
``(C) if the State has elected to waive standards specified
in subparagraph (B), how caseworkers are trained to use the
waiver authority and whether the State has developed a
process or provided tools to assist caseworkers in waiving
nonsafety standards per the authority provided in
471(a)(10)(D) to quickly place children with relatives; and
``(D) a description of the steps the State is taking to
improve caseworker training or the process, if any; and''.
SEC. 132. DEVELOPMENT OF A STATEWIDE PLAN TO PREVENT CHILD
ABUSE AND NEGLECT FATALITIES.
Section 422(b)(19) of the Social Security Act (42 U.S.C.
622(b)(19)) is amended to read as follows:
``(19) document steps taken to track and prevent child
maltreatment deaths by including--
``(A) a description of the steps the State is taking to
compile complete and accurate information on the deaths
required by Federal law to be reported by the State agency
referred to in paragraph (1), including gathering relevant
information on the deaths from the relevant organizations in
the State including entities such as State vital statistics
department, child death review teams, law enforcement
agencies, offices of medical examiners or coroners; and
``(B) a description of the steps the state is taking to
develop and implement of a comprehensive, statewide plan to
prevent the fatalities that involves and engages relevant
public and private agency partners, including those in public
health, law enforcement, and the courts.''.
SEC. 133. MODERNIZING THE TITLE AND PURPOSE OF TITLE IV-E.
(a) Part Heading.--The heading for part E of title IV of
the Social Security Act (42 U.S.C. 670 et seq.) is amended to
read as follows:
``PART E--FEDERAL PAYMENTS FOR FOSTER CARE, PREVENTION, AND
PERMANENCY''.
(b) Purpose.--The 1st sentence of section 470 of such Act
(42 U.S.C. 670) is amended--
(1) by striking ``1995) and'' and inserting ``1995),'';
(2) by inserting ``kinship guardianship assistance, and
prevention services or programs specified in section
471(e)(1),'' after ``needs,''; and
(3) by striking ``(commencing with the fiscal year which
begins October 1, 1980)''.
SEC. 134. EFFECTIVE DATES.
(a) Effective Dates.--
(1) In general.--Except as provided in paragraph (2),
subject to subsection (b), the amendments made by this title
shall take effect on October 1, 2016.
(2) Exceptions.--The amendments made by sections 131 and
133 shall take effect on the date of enactment of this Act.
(b) Transition Rule.--
(1) In general.--In the case of a State plan under part B
or E of title IV of the Social Security Act which the
Secretary of Health and Human Services determines requires
State legislation (other than legislation appropriating
funds) in order for the plan to meet the additional
requirements imposed by the amendments made by this title,
the State plan shall not be regarded as failing to comply
with the requirements of such part solely on the basis of the
failure of the plan to meet such additional requirements
before the first day of the first calendar quarter beginning
after the close of the first regular session of the State
legislature that begins after the date of enactment of this
Act. For purposes of the previous sentence, in the case of a
State that has a 2-year legislative session, each year of the
session shall be deemed to be a separate regular session of
the State legislature.
(2) Application to programs operated by indian tribal
organizations.--In the case of an Indian tribe, tribal
organization, or tribal consortium which the Secretary of
Health and Human Services determines requires time to take
action necessary to comply with the additional requirements
imposed by the amendments made by this title (whether the
tribe, organization, or tribal consortium has a plan under
section 479B of the Social Security Act or a cooperative
agreement or contract entered into with a State), the
Secretary shall provide the tribe, organization, or tribal
consortium with such additional time as the Secretary
determines is necessary for the tribe, organization, or
tribal consortium to take the action to comply with the
additional requirements before being regarded as failing to
comply with the requirements.
TITLE II--ENSURING THE NECESSITY OF A PLACEMENT THAT IS NOT IN A FOSTER
FAMILY HOME
SEC. 201. LIMITATION ON FEDERAL FINANCIAL PARTICIPATION FOR
PLACEMENTS THAT ARE NOT IN FOSTER FAMILY HOMES.
(a) Limitation on Federal Financial Participation.--
(1) In general.--Section 472 of the Social Security Act (42
U.S.C. 672), as amended by section 112, is amended--
(A) in subsection (a)(2)(C), by inserting ``, but only to
the extent permitted under subsection (k)'' after
``institution''; and
(B) by adding at the end the following:
``(k) Limitation on Federal Financial Participation.--
``(1) In general.--Beginning with the third week for which
foster care maintenance payments are made under this section
on behalf of a child placed in a child-care institution, no
Federal payment shall be made to the State under section
474(a)(1) for amounts expended for foster care maintenance
payments on behalf of the child unless--
``(A) the child is placed in a child-care institution that
is a setting specified in paragraph (2) (or is placed in a
licensed residential family-based treatment facility
consistent with subsection (j)); and
``(B) in the case of a child placed in a qualified
residential treatment program (as defined in paragraph (4)),
the requirements specified in paragraph (3) and section
475A(c) are met.
``(2) Specified settings for placement.--The settings for
placement specified in this paragraph are the following:
``(A) A qualified residential treatment program (as defined
in paragraph (4)).
``(B) A setting specializing in providing prenatal, post-
partum, or parenting supports for youth.
``(C) In the case of a child who has attained 18 years of
age, a supervised setting in which the child is living
independently.
``(3) Assessment to determine appropriateness of placement
in a qualified residential treatment program.--
[[Page H4034]]
``(A) Deadline for assessment.--In the case of a child who
is placed in a qualified residential treatment program, if
the assessment required under section 475A(c)(1) is not
completed within 30 days after the placement is made, no
Federal payment shall be made to the State under section
474(a)(1) for any amounts expended for foster care
maintenance payments on behalf of the child during the
placement.
``(B) Deadline for transition out of placement.--If the
assessment required under section 475A(c)(1) determines that
the placement of a child in a qualified residential treatment
program is not appropriate, a court disapproves such a
placement under section 475A(c)(2), or a child who has been
in an approved placement in a qualified residential treatment
program is going to return home or be placed with a fit and
willing relative, a legal guardian, or an adoptive parent, or
in a foster family home, Federal payments shall be made to
the State under section 474(a)(1) for amounts expended for
foster care maintenance payments on behalf of the child while
the child remains in the qualified residential treatment
program only during the period necessary for the child to
transition home or to such a placement. In no event shall a
State receive Federal payments under section 474(a)(1) for
amounts expended for foster care maintenance payments on
behalf of a child who remains placed in a qualified
residential treatment program after the end of the 30-day
period that begins on the date a determination is made that
the placement is no longer the recommended or approved
placement for the child.
``(4) Qualified residential treatment program.--For
purposes of this part, the term `qualified residential
treatment program' means a program that--
``(A) has a trauma-informed treatment model that is
designed to address the needs, including clinical needs as
appropriate, of children with serious emotional or behavioral
disorders or disturbances and, with respect to a child, is
able to implement the treatment identified for the child by
the assessment of the child required under section 475A(c);
``(B) has registered or licensed nursing staff and other
licensed clinical staff who--
``(i) provide care within the scope of their practice as
defined by State law;
``(ii) are on-site during business hours; and
``(iii) are available 24 hours a day and 7 days a week;
``(C) to extent appropriate, and in accordance with the
child's best interests, facilitates participation of family
members in the child's treatment program;
``(D) facilitates outreach to the family members of the
child, including siblings, documents how the outreach is made
(including contact information), and maintains contact
information for any known biological family and fictive kin
of the child;
``(E) documents how family members are integrated into the
treatment process for the child, including post-discharge,
and how sibling connections are maintained;
``(F) provides discharge planning and family-based
aftercare support for at least 6 months post-discharge; and
``(G) is licensed in accordance with section 471(a)(10) and
is accredited by any of the following independent, not-for-
profit organizations:
``(i) The Commission on Accreditation of Rehabilitation
Facilities (CARF).
``(ii) The Joint Commission on Accreditation of Healthcare
Organizations (JCAHO).
``(iii) The Council on Accreditation (COA).
``(iv) Any other independent, not-for-profit accrediting
organization approved by the Secretary.''.
(2) Conforming amendment.--Section 474(a)(1) of the Social
Security Act (42 U.S.C. 674(a)(1)), as amended by section
112(b), is amended by striking ``section 472(j)'' and
inserting ``subsections (j) and (k) of section 472''.
(b) Definition of Foster Family Home, Child-care
Institution.--Section 472(c) of such Act (42 U.S.C.
672(c)(1)) is amended to read as follows:
``(c) Definitions.--For purposes of this part:
``(1) Foster family home.--
``(A) In general.--The term `foster family home' means the
home of an individual or family--
``(i) that is licensed or approved by the State in which it
is situated as a foster family home that meets the standards
established for the licensing or approval; and
``(ii) in which a child in foster care has been placed in
the care of an individual, who resides with the child and who
has been licensed or approved by the State to be a foster
parent--
``(I) that the State deems capable of adhering to the
reasonable and prudent parent standard;
``(II) that provides 24-hour substitute care for children
placed away from their parents or other caretakers; and
``(III) that provides the care for not more than 6 children
in foster care.
``(B) State flexibility.--The number of foster children
that may be cared for in a home under subparagraph (A) may
exceed the numerical limitation in subparagraph (A)(ii)(III),
at the option of the State, for any of the following reasons:
``(i) To allow a parenting youth in foster care to remain
with the child of the parenting youth.
``(ii) To allow siblings to remain together.
``(iii) To allow a child with an established meaningful
relationship with the family to remain with the family.
``(iv) To allow a family with special training or skills to
provide care to a child who has a severe disability.
``(C) Rule of construction.--Subparagraph (A) shall not be
construed as prohibiting a foster parent from renting the
home in which the parent cares for a foster child placed in
the parent's care.
``(2) Child-care institution.--
``(A) In general.--The term `child-care institution' means
a private child-care institution, or a public child-care
institution which accommodates no more than 25 children,
which is licensed by the State in which it is situated or has
been approved by the agency of the State responsible for
licensing or approval of institutions of this type as meeting
the standards established for the licensing.
``(B) Supervised settings.--In the case of a child who has
attained 18 years of age, the term shall include a supervised
setting in which the individual is living independently, in
accordance with such conditions as the Secretary shall
establish in regulations.
``(C) Exclusions.--The term shall not include detention
facilities, forestry camps, training schools, or any other
facility operated primarily for the detention of children who
are determined to be delinquent.''.
(c) Training for State Judges, Attorneys, and Other Legal
Personnel in Child Welfare Cases.--Section 438(b)(1) of such
Act (42 U.S.C. 629h(b)(1)) is amended in the matter preceding
subparagraph (A) by inserting ``shall provide for the
training of judges, attorneys, and other legal personnel in
child welfare cases on Federal child welfare policies and
payment limitations with respect to children in foster care
who are placed in settings that are not a foster family
home,'' after ``with respect to the child,''.
(d) Assurance of Nonimpact on Juvenile Justice System.--
(1) State plan requirement.--Section 471(a) of such Act (42
U.S.C. 671(a)), as amended by section 131, is further amended
by adding at the end the following:
``(37) includes a certification that, in response to the
limitation imposed under section 472(k) with respect to
foster care maintenance payments made on behalf of any child
who is placed in a setting that is not a foster family home,
the State will not enact or advance policies or practices
that would result in a significant increase in the population
of youth in the State's juvenile justice system.''.
(2) GAO study and report.--The Comptroller General of the
United States shall evaluate the impact, if any, on State
juvenile justice systems of the limitation imposed under
section 472(k) of the Social Security Act (as added by
section 201(a)(1)) on foster care maintenance payments made
on behalf of any child who is placed in a setting that is not
a foster family home, in accordance with the amendments made
by subsections (a) and (b) of this section. In particular,
the Comptroller General shall evaluate the extent to which
children in foster care who also are subject to the juvenile
justice system of the State are placed in a facility under
the jurisdiction of the juvenile justice system and whether
the lack of available congregate care placements under the
jurisdiction of the child welfare systems is a contributing
factor to that result. Not later than December 31, 2023, the
Comptroller General shall submit to Congress a report on the
results of the evaluation.
SEC. 202. ASSESSMENT AND DOCUMENTATION OF THE NEED FOR
PLACEMENT IN A QUALIFIED RESIDENTIAL TREATMENT
PROGRAM.
Section 475A of the Social Security Act (42 U.S.C. 675a) is
amended by adding at the end the following:
``(c) Assessment, Documentation, and Judicial Determination
Requirements for Placement in a Qualified Residential
Treatment Program.--In the case of any child who is placed in
a qualified residential treatment program (as defined in
section 472(k)(4)), the following requirements shall apply
for purposes of approving the case plan for the child and the
case system review procedure for the child:
``(1)(A) Within 30 days of the start of each placement in
such a setting, a qualified individual (as defined in
subparagraph (D)) shall--
``(i) assess the strengths and needs of the child using an
age-appropriate, evidence-based, validated, functional
assessment tool approved by the Secretary;
``(ii) determine whether the needs of the child can be met
with family members or through placement in a foster family
home or, if not, which setting from among the settings
specified in section 472(k)(2) would provide the most
effective and appropriate level of care for the child in the
least restrictive environment and be consistent with the
short- and long-term goals for the child, as specified in the
permanency plan for the child; and
``(iii) develop a list of child-specific short- and long-
term mental and behavioral health goals.
``(B)(i) The State shall assemble a family and permanency
team for the child in accordance with the requirements of
clauses (ii) and (iii). The qualified individual conducting
the assessment required under subparagraph (A) shall work in
conjunction with the family of, and permanency team for, the
child while conducting and making the assessment.
``(ii) The family and permanency team shall consist of all
appropriate biological family members, relative, and fictive
kin of the child, as well as, as appropriate, professionals
who are a resource to the family of the child, such as
teachers, medical or mental health providers who have treated
the child, or clergy. In the case of a child who has attained
age 14, the family and permanency team shall include the
members of the permanency planning team for the child that
are selected by the child in accordance with section
475(5)(C)(iv).
``(iii) The State shall document in the child's case plan--
``(I) the reasonable and good faith effort of the State to
identify and include all such individuals on the family of,
and permanency team for, the child;
``(II) all contact information for members of the family
and permanency team, as well as
[[Page H4035]]
contact information for other family members and fictive kin
who are not part of the family and permanency team;
``(III) evidence that meetings of the family and permanency
team, including meetings relating to the assessment required
under subparagraph (A), are held at a time and place
convenient for family;
``(IV) if reunification is the goal, evidence demonstrating
that the parent from whom the child was removed provided
input on the members of the family and permanency team;
``(V) evidence that the assessment required under
subparagraph (A) is determined in conjunction with the family
and permanency team; and
``(VI) the placement preferences of the family and
permanency team relative to the assessment and, if the
placement preferences of the family and permanency team and
child are not the placement setting recommended by the
qualified individual conducting the assessment under
subparagraph (A), the reasons why the preferences of the team
and of the child were not recommended.
``(C) In the case of a child who the qualified individual
conducting the assessment under subparagraph (A) determines
should not be placed in a foster family home, the qualified
individual shall specify in writing the reasons why the needs
of the child cannot be met by the family of the child or in a
foster family home. A shortage or lack of foster family homes
shall not be an acceptable reason for determining that a
needs of the child cannot be met in a foster family home. The
qualified individual also shall specify in writing why the
recommended placement in a qualified residential treatment
program is the setting that will provide the child with the
most effective and appropriate level of care in the least
restrictive environment and how that placement is consistent
with the short- and long-term goals for the child, as
specified in the permanency plan for the child.
``(D)(i) Subject to clause (ii), in this subsection, the
term `qualified individual' means a trained professional or
licensed clinician who is not an employee of the State agency
and who is not connected to, or affiliated with, any
placement setting in which children are placed by the State.
``(ii) The Secretary may approve a request of a State to
waive any requirement in clause (i) upon a submission by the
State, in accordance with criteria established by the
Secretary, that certifies that the trained professionals or
licensed clinicians with responsibility for performing the
assessments described in subparagraph (A) shall maintain
objectivity with respect to determining the most effective
and appropriate placement for a child.
``(2) Within 60 days of the start of each placement in a
qualified residential treatment program, a family or juvenile
court or another court (including a tribal court) of
competent jurisdiction, or an administrative body appointed
or approved by the court, independently, shall--
``(A) consider the assessment, determination, and
documentation made by the qualified individual conducting the
assessment under paragraph (1);
``(B) determine whether the needs of the child can be met
through placement in a foster family home or, if not, whether
placement of the child in a qualified residential treatment
program provides the most effective and appropriate level of
care for the child in the least restrictive environment and
whether that placement is consistent with the short- and
long-term goals for the child, as specified in the permanency
plan for the child; and
``(C) approve or disapprove the placement.
``(3) The written documentation made under paragraph (1)(C)
and documentation of the determination and approval or
disapproval of the placement in a qualified residential
treatment program by a court or administrative body under
paragraph (2) shall be included in and made part of the case
plan for the child.
``(4) As long as a child remains placed in a qualified
residential treatment program, the State agency shall submit
evidence at each status review and each permanency hearing
held with respect to the child--
``(A) demonstrating that ongoing assessment of the
strengths and needs of the child continues to support the
determination that the needs of the child cannot be met
through placement in a foster family home, that the placement
in a qualified residential treatment program provides the
most effective and appropriate level of care for the child in
the least restrictive environment, and that the placement is
consistent with the short- and long-term goals for the child,
as specified in the permanency plan for the child;
``(B) documenting the specific treatment or service needs
that will be met for the child in the placement and the
length of time the child is expected to need the treatment or
services; and
``(C) documenting the efforts made by the State agency to
prepare the child to return home or to be placed with a fit
and willing relative, a legal guardian, or an adoptive
parent, or in a foster family home.
``(5) In the case of any child who is placed in a qualified
residential treatment program for more than 12 consecutive
months or 18 nonconsecutive months (or, in the case of a
child who has not attained age 13, for more than 6
consecutive or nonconsecutive months), the State agency shall
submit to the Secretary--
``(A) the most recent versions of the evidence and
documentation specified in paragraph (4); and
``(B) the signed approval of the head of the State agency
for the continued placement of the child in that setting.''.
SEC. 203. PROTOCOLS TO PREVENT INAPPROPRIATE DIAGNOSES.
(a) State Plan Requirement.--Section 422(b)(15)(A) of the
Social Security Act (42 U.S.C. 622(b)(15)(A)) is amended--
(1) in clause (vi), by striking ``and'' after the
semicolon;
(2) by redesignating clause (vii) as clause (viii); and
(3) by inserting after clause (vi) the following:
``(vii) the procedures and protocols the State has
established to ensure that children in foster care placements
are not inappropriately diagnosed with mental illness, other
emotional or behavioral disorders, medically fragile
conditions, or developmental disabilities, and placed in
settings that are not foster family homes as a result of the
inappropriate diagnoses; and''.
(b) Evaluation.--Section 476 of such Act (42 U.S.C. 676),
as amended by section 111(d), is further amended by adding at
the end the following:
``(e) Evaluation of State Procedures and Protocols To
Prevent Inappropriate Diagnoses of Mental Illness or Other
Conditions.--The Secretary shall conduct an evaluation of the
procedures and protocols established by States in accordance
with the requirements of section 422(b)(15)(A)(vii). The
evaluation shall analyze the extent to which States comply
with and enforce the procedures and protocols and the
effectiveness of various State procedures and protocols and
shall identify best practices. Not later than January 1,
2019, the Secretary shall submit a report on the results of
the evaluation to Congress.''.
SEC. 204. ADDITIONAL DATA AND REPORTS REGARDING CHILDREN
PLACED IN A SETTING THAT IS NOT A FOSTER FAMILY
HOME.
Section 479A(a)(7)(A) of the Social Security Act (42 U.S.C.
679b(a)(7)(A)) is amended by striking clauses (i) through
(vi) and inserting the following:
``(i) with respect to each such placement--
``(I) the type of the placement setting, including whether
the placement is shelter care, a group home and if so, the
range of the child population in the home, a residential
treatment facility, a hospital or institution providing
medical, rehabilitative, or psychiatric care, a setting
specializing in providing prenatal, post-partum or parenting
supports, or some other kind of child-care institution and if
so, what kind;
``(II) the number of children in the placement setting and
the age, race, ethnicity, and gender of each of the children;
``(III) for each child in the placement setting, the length
of the placement of the child in the setting, whether the
placement of the child in the setting is the first placement
of the child and if not, the number and type of previous
placements of the child, and whether the child has special
needs or another diagnosed mental or physical illness or
condition; and
``(IV) the extent of any specialized education, treatment,
counseling, or other services provided in the setting; and
``(ii) separately, the number and ages of children in the
placements who have a permanency plan of another planned
permanent living arrangement; and''.
SEC. 205. EFFECTIVE DATES; APPLICATION TO WAIVERS.
(a) Effective Dates.--
(1) In general.--Subject to paragraph (2) and subsections
(b) and (c), the amendments made by this title shall take
effect on October 1, 2016.
(2) Transition rule.--In the case of a State plan under
part B or E of title IV of the Social Security Act which the
Secretary of Health and Human Services determines requires
State legislation (other than legislation appropriating
funds) in order for the plan to meet the additional
requirements imposed by the amendments made by this title,
the State plan shall not be regarded as failing to comply
with the requirements of such part solely on the basis of the
failure of the plan to meet the additional requirements
before the first day of the first calendar quarter beginning
after the close of the first regular session of the State
legislature that begins after the date of enactment of this
Act. For purposes of the previous sentence, in the case of a
State that has a 2-year legislative session, each year of the
session shall be deemed to be a separate regular session of
the State legislature.
(b) Limitation on Federal Financial Participation for
Placements That Are Not in Foster Family Homes and Related
Provisions.--The amendments made by sections 201(a), 201(b),
201(d), and 202 shall take effect on October 1, 2019.
(c) Application to States With Waivers.--In the case of a
State that, on the date of enactment of this Act, has in
effect a waiver approved under section 1130 of the Social
Security Act (42 U.S.C. 1320a-9), the amendments made by this
title shall not apply with respect to the State before the
expiration (determined without regard to any extensions) of
the waiver to the extent the amendments are inconsistent with
the terms of the waiver.
TITLE III--CONTINUING SUPPORT FOR CHILD AND FAMILY SERVICES
SEC. 301. SUPPORTING AND RETAINING FOSTER FAMILIES FOR
CHILDREN.
(a) Supporting and Retaining Foster Parents as a Family
Support Service.--Section 431(a)(2)(B) of the Social Security
Act (42 U.S.C. 631(a)(2)(B)) is amended by redesignating
clauses (iii) through (vi) as clauses (iv) through (vii),
respectively, and inserting after clause (ii) the following:
``(iii) To support and retain foster families so they can
provide quality family-based settings for children in foster
care.''.
(b) Support for Foster Family Homes.--Section 436 of such
Act (42 U.S.C. 629f) is amended by adding at the end the
following:
``(c) Support for Foster Family Homes.--Out of any money in
the Treasury of the United States not otherwise appropriated,
there are appropriated to the Secretary for fiscal year 2018,
$8,000,000 for the Secretary to make competitive grants to
States, Indian tribes, or tribal consortia to support the
recruitment and retention
[[Page H4036]]
of high-quality foster families to increase their capacity to
place more children in family settings, focused on States,
Indian tribes, or tribal consortia with the highest
percentage of children in non-family settings. The amount
appropriated under this subparagraph shall remain available
through fiscal year 2022.''.
SEC. 302. EXTENSION OF CHILD AND FAMILY SERVICES PROGRAMS.
(a) Extension of Stephanie Tubbs Jones Child Welfare
Services Program.--Section 425 of the Social Security Act (42
U.S.C. 625) is amended by striking ``2012 through 2016'' and
inserting ``2017 through 2021''.
(b) Extension of Promoting Safe and Stable Families Program
Authorizations.--
(1) In general.--Section 436(a) of such Act (42 U.S.C.
629f(a)) is amended by striking all that follows
``$345,000,000'' and inserting ``for each of fiscal years
2017 through 2021.''.
(2) Discretionary grants.--Section 437(a) of such Act (42
U.S.C. 629g(a)) is amended by striking ``2012 through 2016''
and inserting ``2017 through 2021''.
(c) Extension of Funding Reservations for Monthly
Caseworker Visits and Regional Partnership Grants.--Section
436(b) of such Act (42 U.S.C. 629f(b)) is amended--
(1) in paragraph (4)(A), by striking ``2012 through 2016''
and inserting ``2017 through 2021''; and
(2) in paragraph (5), by striking ``2012 through 2016'' and
inserting ``2017 through 2021''.
(d) Reauthorization of Funding for State Courts.--
(1) Extension of program.--Section 438(c)(1) of such Act
(42 U.S.C. 629h(c)(1)) is amended by striking ``2012 through
2016'' and inserting ``2017 through 2021''.
(2) Extension of federal share.--Section 438(d) of such Act
(42 U.S.C. 629h(d)) is amended by striking ``2012 through
2016'' and inserting ``2017 through 2021''.
(e) Repeal of Expired Provisions.--Section 438(e) of such
Act (42 U.S.C. 629h(e)) is repealed.
SEC. 303. IMPROVEMENTS TO THE JOHN H. CHAFEE FOSTER CARE
INDEPENDENCE PROGRAM AND RELATED PROVISIONS.
(a) Authority to Serve Former Foster Youth Up To Age 23.--
Section 477 of the Social Security Act (42 U.S.C. 677) is
amended--
(1) in subsection (a)(5), by inserting ``(or 23 years of
age, in the case of a State with a certification under
subsection (b)(3)(A)(ii) to provide assistance and services
to youths who have aged out of foster care and have not
attained such age, in accordance with such subsection)''
after ``21 years of age'';
(2) in subsection (b)(3)(A)--
(A) by inserting ``(i)'' before ``A certification'';
(B) by striking ``children who have left foster care'' and
all that follows through the period and inserting ``youths
who have aged out of foster care and have not attained 21
years of age.''; and
(C) by adding at the end the following:
``(ii) If the State has elected under section 475(8)(B) to
extend eligibility for foster care to all children who have
not attained 21 years of age, or if the Secretary determines
that the State agency responsible for administering the State
plans under this part and part B uses State funds or any
other funds not provided under this part to provide services
and assistance for youths who have aged out of foster care
that are comparable to the services and assistance the youths
would receive if the State had made such an election, the
certification required under clause (i) may provide that the
State will provide assistance and services to youths who have
aged out of foster care and have not attained 23 years of
age.''; and
(3) in subsection (b)(3)(B), by striking ``children who
have left foster care'' and all that follows through the
period and inserting ``youths who have aged out of foster
care and have not attained 21 years of age (or 23 years of
age, in the case of a State with a certification under
subparagraph (A)(i) to provide assistance and services to
youths who have aged out of foster care and have not attained
such age, in accordance with subparagraph (A)(ii)).''.
(b) Authority to Redistribute Unspent Funds.--Section
477(d) of such Act (42 U.S.C. 677(d)) is amended--
(1) in paragraph (4), by inserting ``or does not expend
allocated funds within the time period specified under
section 477(d)(3)'' after ``provided by the Secretary''; and
(2) by adding at the end the following:
``(5) Redistribution of unexpended amounts.--
``(A) Availability of amounts.--To the extent that amounts
paid to States under this section in a fiscal year remain
unexpended by the States at the end of the succeeding fiscal
year, the Secretary may make the amounts available for
redistribution in the 2nd succeeding fiscal year among the
States that apply for additional funds under this section for
that 2nd succeeding fiscal year.
``(B) Redistribution.--
``(i) In general.--The Secretary shall redistribute the
amounts made available under subparagraph (A) for a fiscal
year among eligible applicant States. In this subparagraph,
the term `eligible applicant State' means a State that has
applied for additional funds for the fiscal year under
subparagraph (A) if the Secretary determines that the State
will use the funds for the purpose for which originally
allotted under this section.
``(ii) Amount to be redistributed.--The amount to be
redistributed to each eligible applicant State shall be the
amount so made available multiplied by the State foster care
ratio, (as defined in subsection (c)(4), except that, in such
subsection, `all eligible applicant States (as defined in
subsection (d)(5)(B)(i))' shall be substituted for `all
States').
``(iii) Treatment of redistributed amount.--Any amount made
available to a State under this paragraph shall be regarded
as part of the allotment of the State under this section for
the fiscal year in which the redistribution is made.
``(C) Tribes.--For purposes of this paragraph, the term
`State' includes an Indian tribe, tribal organization, or
tribal consortium that receives an allotment under this
section.''.
(c) Expanding and Clarifying the Use of Education and
Training Vouchers.--
(1) In general.--Section 477(i)(3) of such Act (42 U.S.C.
677(i)(3)) is amended--
(A) by striking ``on the date'' and all that follows
through ``23'' and inserting ``to remain eligible until they
attain 26''; and
(B) by inserting ``, but in no event may a youth
participate in the program for more than 5 years (whether or
not consecutive)'' before the period.
(2) Conforming amendment.--Section 477(i)(1) of such Act
(42 U.S.C. 677(i)(1)) is amended by inserting ``who have
attained 14 years of age'' before the period.
(d) Other Improvements.--Section 477 of such Act (42 U.S.C.
677), as amended by subsections (a), (b), and (c), is
amended--
(1) in the section heading, by striking ``independence
program'' and inserting ``program for successful transition
to adulthood'';
(2) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``identify children who are likely to
remain in foster care until 18 years of age and to help these
children make the transition to self-sufficiency by providing
services'' and inserting ``support all youth who have
experienced foster care at age 14 or older in their
transition to adulthood through transitional services'';
(ii) by inserting ``and post-secondary education'' after
``high school diploma''; and
(iii) by striking ``training in daily living skills,
training in budgeting and financial management skills'' and
inserting ``training and opportunities to practice daily
living skills (such as financial literacy training and
driving instruction)'';
(B) in paragraph (2), by striking ``who are likely to
remain in foster care until 18 years of age receive the
education, training, and services necessary to obtain
employment'' and inserting ``who have experienced foster care
at age 14 or older achieve meaningful, permanent connections
with a caring adult'';
(C) in paragraph (3), by striking ``who are likely to
remain in foster care until 18 years of age prepare for and
enter postsecondary training and education institutions'' and
inserting ``who have experienced foster care at age 14 or
older engage in age or developmentally appropriate
activities, positive youth development, and experiential
learning that reflects what their peers in intact families
experience''; and
(D) by striking paragraph (4) and redesignating paragraphs
(5) through (8) as paragraphs (4) through (7);
(3) in subsection (b)--
(A) in paragraph (2)(D), by striking ``adolescents'' and
inserting ``youth''; and
(B) in paragraph (3)--
(i) in subparagraph (D)--
(I) by inserting ``including training on youth
development'' after ``to provide training''; and
(II) by striking ``adolescents preparing for independent
living'' and all that follows through the period and
inserting ``youth preparing for a successful transition to
adulthood and making a permanent connection with a caring
adult.'';
(ii) in subparagraph (H), by striking ``adolescents'' each
place it appears and inserting ``youth''; and
(iii) in subparagraph (K)--
(I) by striking ``an adolescent'' and inserting ``a
youth''; and
(II) by striking ``the adolescent'' each place it appears
and inserting ``the youth''; and
(4) in subsection (f), by striking paragraph (2) and
inserting the following:
``(2) Report to congress.--Not later than October 1, 2017,
the Secretary 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 the National Youth in Transition
Database and any other databases in which States report
outcome measures relating to children in foster care and
children who have aged out of foster care or left foster care
for kinship guardianship or adoption. The report shall
include the following:
``(A) A description of the reasons for entry into foster
care and of the foster care experiences, such as length of
stay, number of placement settings, case goal, and discharge
reason of 17-year-olds who are surveyed by the National Youth
in Transition Database and an analysis of the comparison of
that description with the reasons for entry and foster care
experiences of children of other ages who exit from foster
care before attaining age 17.
``(B) A description of the characteristics of the
individuals who report poor outcomes at ages 19 and 21 to the
National Youth in Transition Database.
``(C) Benchmarks for determining what constitutes a poor
outcome for youth who remain in or have exited from foster
care and plans the Executive branch will take to incorporate
these benchmarks in efforts to evaluate child welfare agency
performance in providing services to children transitioning
from foster care.
``(D) An analysis of the association between types of
placement, number of overall placements, time spent in foster
care, and other factors, and outcomes at ages 19 and 21.
``(E) An analysis of the differences in outcomes for
children in and formerly in foster care at age 19 and 21
among States.''.
(e) Clarifying Documentation Provided to Foster Youth
Leaving Foster Care.--Section 475(5)(I) of such Act (42
U.S.C. 675(5)(I)) is
[[Page H4037]]
amended by inserting after ``REAL ID Act of 2005'' the
following: ``, and any official documentation necessary to
prove that the child was previously in foster care''.
TITLE IV--CONTINUING INCENTIVES TO STATES TO PROMOTE ADOPTION AND LEGAL
GUARDIANSHIP
SEC. 401. REAUTHORIZING ADOPTION AND LEGAL GUARDIANSHIP
INCENTIVE PROGRAMS.
Section 473A of the Social Security Act (42 U.S.C. 673b) is
amended--
(1) in subsection (b)(4), by striking ``2013 through 2015''
and inserting ``2016 through 2020'';
(2) in subsection (h)(1)(D), by striking ``2016'' and
inserting ``2021''; and
(3) in subsection (h)(2), by striking ``2016'' and
inserting ``2021''.
TITLE V--TECHNICAL CORRECTIONS
SEC. 501. TECHNICAL CORRECTIONS TO DATA EXCHANGE STANDARDS TO
IMPROVE PROGRAM COORDINATION.
(a) In General.--Section 440 of the Social Security Act (42
U.S.C. 629m) is amended to read as follows:
``SEC. 440. DATA EXCHANGE STANDARDS FOR IMPROVED
INTEROPERABILITY.
``(a) Designation.--The Secretary shall, in consultation
with an interagency work group established by the Office of
Management and Budget and considering State government
perspectives, by rule, designate data exchange standards to
govern, under this part--
``(1) necessary categories of information that State
agencies operating programs under State plans approved under
this part are required under applicable Federal law to
electronically exchange with another State agency; and
``(2) Federal reporting and data exchange required under
applicable Federal law.
``(b) Requirements.--The data exchange standards required
by paragraph (1) shall, to the extent practicable--
``(1) incorporate a widely accepted, non-proprietary,
searchable, computer-readable format, such as the eXtensible
Markup Language;
``(2) contain interoperable standards developed and
maintained by intergovernmental partnerships, such as the
National Information Exchange Model;
``(3) incorporate interoperable standards developed and
maintained by Federal entities with authority over
contracting and financial assistance;
``(4) be consistent with and implement applicable
accounting principles;
``(5) be implemented in a manner that is cost-effective and
improves program efficiency and effectiveness; and
``(6) be capable of being continually upgraded as
necessary.
``(c) Rule of Construction.--Nothing in this subsection
shall be construed to require a change to existing data
exchange standards found to be effective and efficient.''.
(b) Effective Date.--Not later than the date that is 24
months after the date of the enactment of this section, the
Secretary of Health and Human Services shall issue a proposed
rule that--
(1) identifies federally required data exchanges, include
specification and timing of exchanges to be standardized, and
address the factors used in determining whether and when to
standardize data exchanges; and
(2) specifies State implementation options and describes
future milestones.
SEC. 502. TECHNICAL CORRECTIONS TO STATE REQUIREMENT TO
ADDRESS THE DEVELOPMENTAL NEEDS OF YOUNG
CHILDREN.
Section 422(b)(18) of the Social Security Act (42 U.S.C.
622(b)(18)) is amended by striking ``such children'' and
inserting ``all vulnerable children under 5 years of age''.
TITLE VI--ENSURING STATES REINVEST SAVINGS RESULTING FROM INCREASE IN
ADOPTION ASSISTANCE
SEC. 601. DELAY OF ADOPTION ASSISTANCE PHASE-IN.
Section 473(e)(1) of the Social Security Act (42 U.S.C.
673(e)(1)) is amended--
(1) in subparagraph (A), by striking ``fiscal year'' each
place it appears and inserting ``period''; and
(2) in subparagraph (B)--
(A) in the matter preceding the table, by striking ``fiscal
year'' and inserting ``period''; and
(B) in the table--
(i) by striking ``of fiscal year:'' and inserting ``of:'';
(ii) by striking ``2010'' and inserting ``Fiscal year
2010'';
(iii) by striking ``2011'' and inserting ``Fiscal year
2011'';
(iv) by striking ``2012'' and inserting ``Fiscal year
2012'';
(v) by striking ``2013'' and inserting ``Fiscal year
2013'';
(vi) by striking ``2014'' and inserting ``Fiscal year
2014'';
(vii) by striking ``2015'' and inserting ``Fiscal year
2015'';
(viii) by striking ``2016'' and inserting ``October 1,
2015, through March 31, 2019'';
(ix) by striking ``2017'' and inserting ``April 1, 2019,
through March 31, 2020''; and
(x) by striking ``2018'' and inserting ``April 1, 2020,''.
SEC. 602. GAO STUDY AND REPORT ON STATE REINVESTMENT OF
SAVINGS RESULTING FROM INCREASE IN ADOPTION
ASSISTANCE.
(a) Study.--The Comptroller General of the United States
shall study the extent to which States are complying with the
requirements of section 473(a)(8) of the Social Security Act
relating to the effects of phasing out the AFDC income
eligibility requirements for adoption assistance payments
under section 473 of the Social Security Act, as enacted by
section 402 of the Fostering Connections to Success and
Increasing Adoptions Act of 2008 (Public Law 110-351; 122
Stat. 3975) and amended by section 206 of the Preventing Sex
Trafficking and Strengthening Families Act (Public Law 113-
183; 128 Stat. 1919). In particular, the Comptroller General
shall analyze the extent to which States are complying with
the following requirements under section 473(a)(8)(D) of the
Social Security Act:
(1) The requirement to spend an amount equal to the amount
of the savings (if any) in State expenditures under part E of
title IV of the Social Security resulting from phasing out
the AFDC income eligibility requirements for adoption
assistance payments under section 473 of such Act to provide
to children of families any service that may be provided
under part B or E of title IV of such Act.
(2) The requirement that a State shall spend not less than
30 percent of the amount of any savings described in
subparagraph (A) on post-adoption services, post-guardianship
services, and services to support and sustain positive
permanent outcomes for children who otherwise might enter
into foster care under the responsibility of the State, with
at least \2/3\ of the spending by the State to comply with
the 30 percent requirement being spent on post-adoption and
post-guardianship services.
(b) Report.--The Comptroller General of the United States
shall submit to the Committee on Finance of the Senate, the
Committee on Ways and Means of the House of Representatives,
and the Secretary of Health and Human Services a report that
contains the results of the study required by subsection (a),
including recommendations to ensure compliance with laws
referred to in subsection (a).
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Florida (Mr. Buchanan) and the gentleman from Michigan (Mr. Levin) each
will control 20 minutes.
The Chair recognizes the gentleman from Florida.
General Leave
Mr. BUCHANAN. Mr. Speaker, I ask unanimous consent that all Members
have 5 legislative days to revise and extend their remarks and to
include any extraneous material on H.R. 5456, currently under
consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Florida?
There was no objection.
Mr. BUCHANAN. Mr. Speaker, I yield myself such time as I may consume.
The Nation is in the grips of an opioid and heroin epidemic, which,
according to States, is responsible for recent spikes in the need for
out-of-home foster care placement after more than a decade of decline.
Under current child welfare financing, when a family is struggling,
the majority of Federal dollars are only available if the State removes
a child from his or her biological and adoptive home and places that
child in foster care.
Even though it is often less expensive and more effective to keep a
child safely at home, Federal support for these types of prevention
services are extremely limited. Children who are raised by the State in
foster care face increased risks of substance abuse, homelessness, teen
pregnancy, and other negative outcomes.
The Family First Prevention Services Act of 2016 will reverse the
current trends by supporting early, evidence-based, cost-effective
interventions to keep children safely at home. This will increase the
likelihood of positive short-term and long-term outcomes for both
children and their parents. Moreover, it will ensure that children who
do not need foster care are appropriately placed with families whenever
possible.
Preliminary estimates are that the cost of the up-front prevention
services to strengthen families will be more than fully offset by both
reducing inappropriate placements into group homes for foster children,
as well as briefly delaying additional adoption assistance to allow for
a comprehensive GAO review to be completed.
In May, the Human Resources Subcommittee heard about challenges and
successes of those on the ground as they attempt to fight the opioid
and heroin epidemic in their communities. Today, we will move forward
to ensure more struggling families get the help they so vitally need.
This bill is a result of a bipartisan, bicameral effort. So I would
like to thank Ranking Member Levin and our Senate Finance Committee
colleagues, Chairman Hatch and Ranking Member Wyden, for working so
diligently on this effort.
This bill also incorporates bipartisan efforts by Congressman Young
and
[[Page H4038]]
Congressman Davis to improve the exchange of information across State
lines to get foster children settled into homes more quickly.
I would like to thank my fellow committee members, the bipartisan
group of original cosponsors, and those on the committee who have also
joined to sponsor this important legislation.
Finally, I would like to recognize the overwhelming support we have
received from the child welfare community who, I know, have been
working on this issue for many, many years, some say as long as 30
years, in terms of the prevention care for our kids.
I include in the Record some of these more than 60 letters of support
we have received so far on this bill.
Children's Home Society of
America,
Chicago, IL, June 14, 2016.
Hon. Kevin Brady,
Chairman, Committee on Ways and Means, House of Congress,
Washington, DC.
Hon. Sandy Levin,
Ranking Member, Committee on Ways and Means, House of
Congress, Washington, DC.
Dear Chairman Brady and Ranking Member Levin: As a
nationwide membership organization comprised of many of the
most long standing and respected child and family
organizations in the country, Children's Home Society of
America is writing in support of your efforts to promote and
improve outcomes for many of the hundreds of thousands of
children and youth who come to the attention of the child
welfare system each year, including children in foster care.
Over the decades the House Ways and Means Committee, with
bipartisan support, has taken significant steps forward on
behalf of our most vulnerable children and the Family First
Prevention Services Act of 2016 continues those efforts.
Allowing funds under Title IV-E of the Social Security Act,
currently used primarily for out-of-home care for children,
to be used for the first time for prevention services to help
keep children at risk of placement in foster care safely at
home with their parents or with kin is a significant move in
the right direction. Kinship caregivers play a critical role
in protecting children temporarily while their parents are
not able to and also in ensuring new permanent families for
children who cannot return home.
We strongly support the bill's recognition of the
importance of quality services for these children, which are
evidence-based and trauma-informed and the importance of
accountability in tracking the provision of services and
their benefits for children. States at different stages in
reforming their systems will also have help training staff
for the development and delivery of these new services and
putting in place the infrastructure needed to administer and
oversee their delivery and child outcomes.
The Family First Prevention Services Act over time also
will take important steps to ensure children who need to
enter foster care will be placed in the least restrictive
setting appropriate to their needs, by targeting federal
dollars only on smaller family-foster homes and on other care
settings for children and youth with special treatment needs
or those in special circumstances, such as pregnant and
parenting teens or older youth in independent living
settings. A number of states already have undertaken special
efforts to reduce the number of children in congregate care
and to preserve group care settings for children with special
treatment needs.
Children and society pay a high cost when the current
systems fail to adequately address the needs of the children
who come to the attention of our child welfare systems,
nearly 80 percent of whom are victims of neglect. We believe
that the specific changes proposed will go far in encouraging
state and local child welfare systems, private providers, the
courts and youth and families who have been involved in the
system to work together to achieve significant change for
children over the next decade.
We look forward to working with you to ensure these new
child welfare finance reforms will truly benefit children who
come to the attention of the child welfare system and to
continue to explore additional improvements on their behalf
to ensure they all have safe, permanent families. Thank you
for your continuing leadership on behalf of these children.
Sincerely,
Sharon Osborne,
Board Chair.
____
Children's Hospital of
Wisconsin,
Milwaukee, WI.
Hon. Vern Buchanan,
Chairman, Human Resources Subcommittee, House Committee on
Ways & Means, Washington DC.
Dear Chairman Buchanan: Children's Hospital of Wisconsin
strongly supports the Family First Prevention Services Act of
2016 (H.R. 5456). We applaud your leadership on this
important issue.
Children's Hospital of Wisconsin (Children's) is the
region's only independent health care system dedicated solely
to the health and well-being of children. We serve children
from every county in the state and are recognized as one of
the leading pediatric health care centers in the United
States. In addition, Children's is the largest not-for-
profit, community-based child and family serving agency in
Wisconsin. Through our Community Services work, we provide a
continuum of care to more than 15,000 children and families
annually. This includes family preservation and support,
child and family counseling, child welfare, child advocacy
and protection, and foster care and adoption services.
We strongly support the Family First Prevention Services
Act that would allow funds under Title IV-E of the Social
Security Act to be used for the first time for evidence-based
prevention services to help keep children at risk of
placement in foster care safely at home with their parents or
with kin. The legislation represents a significant and
meaningful shift in child welfare policy by prioritizing up-
front, evidence-based services to keep families together. We
know from experience and empirical research that this is
important for the healthy development of children.
The bill also makes significant advancements to integrate
interventions and measures focused on child well-being into
the child welfare system. Children's believes that
prioritizing and providing accountability for child well-
being, in addition to safety and permanency, is critical to
achieving better outcomes for children and society and
positioning children to thrive into adulthood.
Children's is committed to improving the health and well-
being of children and families. We believe the Family First
Prevention Services Act will enable the child welfare system
to better serve our most vulnerable children and families.
Sincerely,
Amy Herbst,
Vice President, Child Well-Being.
____
[From the American Academy of Pediatrics, June 13, 2016]
AAP Statement Supporting the Family First Prevention Services Act
(By Benard P. Dreyer, MD, FAAP)
``The American Academy of Pediatrics (AAP) commends House
Ways and Means Committee Chairman Kevin Brady (R-Tex) and
Ranking Member Sander Levin (D-Mich) and Senate Finance
Committee Chairman Orrin Hatch (R-Utah) and Ranking Member
Ron Wyden (D-Ore) for releasing the Family First Prevention
Services Act of 2016, a comprehensive, bipartisan effort to
improve how the child welfare system serves children and
families in adversity. This bill represents a pivotal
opportunity for a major federal policy shift that moves away
from placing children in out-of-home care and toward keeping
families together.
``Children in or at-risk for entering foster care are
especially vulnerable, they are more likely to be exposed to
trauma and often have complex medical needs. This bill not
only recognizes the unique needs of children and families in
adversity, but also makes great strides to meet them in a way
that pediatricians can stand behind through evidence-based,
prevention-focused approaches. The bill offers states much-
needed federal funding to support mental health, substance
abuse and in-home parenting skills programs for families of
children at-risk of entering foster care. This policy rewards
state efforts to preserve and strengthen families by
providing federal funds to administer prevention programs in
a way that is steeped in science.
``Children fare best when they are raised in families
equipped to meet their needs. Congregate care, when
necessary, should be of high-quality for the shortest
possible duration and reserved for instances in which it is
absolutely essential. The AAP supports the bill's emphasis on
ensuring that children are only placed in a non-family
setting if they have a demonstrated need for the services
available in that setting. The AAP also appreciates that
congregate care facilities must be accredited and have
licensed clinical and nursing staff to ensure they are
capable of caring for vulnerable children and meeting their
complex health needs.
``Fixing the shortcomings in our child welfare system will
require continued investment across both state and federal
governments. The Family First Prevention Services Act does
just what its name says--it puts families first. This bill
represents major, meaningful progress toward protecting
children and supporting their families in creating safe and
stable homes. Pediatricians look forward to continuing to
work alongside bipartisan members of Congress to advance the
bill toward a vote as soon as possible.''
[[Page H4039]]
____
Children and Family Futures,
Lake Forest, CA, June 13, 2016.
Hon. Kevin Brady,
Chairman, Committee on Ways and Means, House Representatives.
Hon. Orrin Hatch,
Chairman, Committee on Finance,
U.S. Senate.
Hon. Vern Buchanan,
Chairman, Human Resources Subcommittee, Committee on Ways and
Means, House of Representatives.
Hon. Sandy Levin,
Ranking Member, Committee on Ways and Means, House of
Representatives.
Hon. Ron Wyden,
Ranking Member, Committee on Finance,
U.S. Senate.
Hon. Lloyd Doggett,
Ranking Member, Human Resources Subcommittee, Committee on
Ways and Means, House of Representatives.
Dear Ways and Means and Senate Finance Committee Chairmen
Brady and Hatch, Ranking Members Levin and Wyden and Human
Resources Subcommittee Chairman Buchanan and Ranking Member
Doggett: On behalf of Children and Family Futures, I am
pleased to share our support for the Family First Prevention
Services Act (H.R. 5456) introduced today by House Ways and
Means Human Resources Subcommittee Chairman Vern Buchanan (R-
FL) and joined by eleven other bi-partisan original co-
sponsors.
Children and Family Futures, a national nonprofit
organization based in Lake Forest, California, has more than
20 years of experience in improving outcomes for children at
the intersection of child welfare and substance use disorder
treatment agencies and family courts. We recently had the
opportunity to testify at Senate Finance and Senate Homeland
Security and Governmental Affairs Hearings on the effects of
opioids on our nation's child welfare agencies. As you may
know, there are 8.3 million children--almost 11% of America's
children--who live with a parent who is alcoholic or needs
treatment for illicit drug abuse. About two-thirds of the
children who enter the child welfare system are affected by
parents with substance use disorders, and when we ask
children and youth in foster care what they need the most,
they often ask for substance abuse treatment for their
parents so that their family can stay together. Quality
substance abuse prevention and treatment is one of the
cornerstones of a strong and effective child welfare system.
H.R. 5456 takes several critical steps to ensure that
parents and children receive the full range of supportive
services they need to heal and thrive. By allowing federal
IV-E dollars to be used in a time-limited way for evidence-
based prevention services, including mental health, substance
abuse prevention and in-home skill-based programs, the
proposed legislation provides an unprecedented opportunity
for child welfare agencies to expand the services parents
need to continue to care for their children safely without
unnecessary foster care placements.
In addition, allowing states to draw down Title IV-E foster
care maintenance payments on behalf of children who are
placed in residential family treatment settings with a parent
who is receiving treatment is another effective way to ensure
that families can stay together while getting the services
and supports they need to get back on their feet. For
children whose parents struggle with alcohol and illicit drug
abuse, the elimination of the time limit to allow family
reunification services to be provided to any child in foster
care and for up to 15 months after a child is reunited with
his or her biological family will allow children of parents
who are still in the very first stages of recovery to get the
ongoing help they need to maintain both stability and
sobriety.
CFF also strongly supports H.R. 5456's reauthorization of
the Regional Partnership Grant program that provides funding
to state and regional grantees seeking to provide evidence-
based services to prevent child abuse and neglect related to
substance abuse and revised grant requirements based on
lessons learned from the most effective past grants. In
addition to updating the program to specifically address the
opioid and heroin epidemic, the proposal legislation
leverages what has been learned to ensure that new foster
care prevention funding provided under the bill is used
effectively.
In addition to providing much-needed attention to
prevention services for children and families who come to the
attention of the child welfare system, the legislation's
provisions to reduce the over-reliance on group care
facilities are an equally important step in supporting
children and keeping families together. The legislation's
current approach to reducing unnecessary care while enhancing
the protections and oversight for Qualified Residential
Treatment Programs (QRTP) will ensure that young people who
are struggling with their own substance use disorder or
mental health issues have full access to clinically
appropriate residential treatment options and that a
continuum of quality services are available to help them
transition back home to their families. Moreover, improving
and expediting an effective assessment process and increasing
judicial oversight of placement decisions on an ongoing basis
also represent significant progress in connecting young
people with the right services on a timely basis while also
maintaining positive family and community connections.
Untreated substance use disorders are among the most
critical and devastating crises facing the nation's children
and families. Thanks to the leadership and bipartisanship
demonstrated by members of the House Ways and Means and
Senate Finance Committees, H.R. 5456 offers a range of
innovative solutions designed to keep children and families
together and provide the services and supports they need to
lead healthy and productive lives. We are deeply appreciative
of your collective work on this bill and are confident that,
if passed, it will continue to help thousands children and
families, now and for years to come.
Sincerely,
Nancy K. Young, Ph.D.,
Director.
Sidney L. Gardner, M.P.A.,
President.
____
Alliance for Strong
Families and Communities,
Washington, DC, June 14, 2016.
Hon. Kevin Brady, Chair,
Ways and Means Committee,
House of Representatives.
Hon. Vern Buchanan, Chair,
Human Resources Subcommittee,
House of Representatives.
Hon. Orrin Hatch, Chair,
Senate Finance Committee,
U.S. Senate.
Hon. Sander Levin, Ranking Member,
Ways and Means Committee,
House of Representatives.
Hon. Lloyd Doggett, Ranking Member,
Human Resources Subcommittee,
House of Representatives.
Hon. Ron Wyden, Ranking Member,
Senate Finance Committee,
U.S. Senate.
Dear Chairman Brady and Ranking Member Levin, Chairman
Buchanan and Ranking Member Doggett, and Chairman Hatch and
Ranking Member Wyden: The Alliance for Strong Families and
Communities thanks you for your leadership and for
introducing the Family First Prevention Services Act of 2016.
The legislation promotes numerous policy priorities that are
consistent with our network's guiding principles for
improving child and family safety, permanency and well-being.
We appreciate efforts you have made to address past
concerns and to include components that are informed by
effective practices in states and localities, technology
updates, and current research. These include:
Permitting the use of federal funds to pay for programs
across the evidence-based spectrum, and to continue knowledge
formation in what works;
Making Title IV-B funds available to states so that they
may modernize their Interstate Compact on the Placement of
Children (ICPC) services so that so that children may be more
quickly and effectively placed in appropriate homes across
state lines;
Supporting the National Commission to Eliminate Child Abuse
and Neglect Fatalities' recommendation that a 21st Century
Child Welfare system require states to develop a statewide
plan to prevent child abuse and neglect fatalities;
Requiring the use of an age-appropriate, evidence-based,
validated needs assessment to help determine a child's need
for behavioral health support through a therapeutic
residential treatment setting; and
Engaging families in a child's residentially-based trauma-
informed behavioral health treatment to strengthen the
likelihood of their success, including establishing a family
and permanency team in the initial needs assessment and
ongoing progress monitoring.
We are very pleased with the bipartisan, bicameral effort
to address child welfare reforms, and specifically, the
longstanding policy priority to expand Title IV-E for
prevention so that children and parents/caregivers may have
access to services and interventions that ensure child safety
and build family stability.
While the Alliance enthusiastically supports the Family
First Prevention Services Act of 2016, we do believe we have
identified a significant technical misalignment within the
definition of the Qualified Residential Treatment Program
(QRTP) that, if addressed, would strengthen the bill,
increase its effectiveness and mitigate against what we
believe to be unintended consequences for children to whom we
want to receive the right treatment, at the right time in the
most appropriate setting. We fully support the requirement
for a QRTP to use a trauma-informed treatment model, but are
concerned about the rigid aspects of the language for QRTP
staffing. The prescription of nursing and clinical staff
being onsite during business hours is not consistent with
Congress' desire to use evidence in its requirements on
states and moves further away from a system that is child-
and family-centered and community-based. We believe that
QRTPs must abide by the fidelity elements of the approved,
trauma-informed treatment model that they elect to use in
accordance with the requirements in the bill and that the
current language regarding staffing is inconsistent with the
bill's treatment model requirement.
For example, if the fidelity elements of the selected
treatment model require licensed or registered nurses to be
onsite during business hours and available 24/7, then a QRTP
must meet that requirement. Likewise, if fidelity to an
approved model requires a different staffing composition and
pattern, then the QRTP must meet that model's requirements
and needs the flexibility to do so.
[[Page H4040]]
Therefore, rather than requiring the staff to be onsite
during business hours, we recommend an amendment that aligns
the treatment model requirement with the staffing
requirement. The amendment would require staff to be onsite
according to the trauma-informed treatment model being used
by the QRTP. Our commonsense amendment acknowledges that high
quality trauma-informed treatment models prescribe staffing
patterns that are designed to achieve the outcomes proven by
the program model. And, it strengthens the bill's
effectiveness toward the greatest chance of success and
normalcy for children provided in the most family-like
settings possible.
The Alliance's wholehearted support of the Family First
Prevention Services Act of 2016 is unqualified and not
contingent upon inclusion of the recommended amendment but,
if the bill is passed without this amendment we intend to
work to build a coalition to change this aspect of the QRTP
requirements prior to implementation of these provisions in
Title II in 2019.
Thank you very much for your hard work. We look forward to
working with you and encourage you to contact Marlo Nash,
Senior Vice President of Public Policy and Mobilization at
[email protected] with questions or to request additional
information.
Sincerely,
Susan Dreyfus,
President and CEO.
Mr. BUCHANAN. Mr. Speaker, I reserve the balance of my time.
Mr. LEVIN. Mr. Speaker, I yield myself such time as I may consume.
The bill before us today, the Family First Prevention Services Act,
has a very simple goal: improve the lives of our most vulnerable
children. We worked across the aisle on this legislation because we
recognize the importance of ensuring that kids grow up in safe, loving,
and stable homes.
I mentioned that we worked together on this. Mr. Buchanan, who is the
chairman of our committee, others on the Republican side, and Mr.
Doggett, Mr. Davis of Illinois, Ms. Bass, and others worked so hard on
this, and I think it has improved this legislation.
Our foster care system provides an essential safe haven for abused
and neglected children. However, when it comes to our system today, it
is clear that Federal funding has been stacked against prevention
efforts. That means our Federal dollars aren't being used to
effectively help families and prevent child abuse and neglect in homes.
In fact, less than 10 percent of dedicated child welfare funding goes
toward prevention.
This bill is intended to make sure families receive the help they
needed before a child goes into foster care, not after, as our current
system largely functions. This bill would provide substance abuse
treatment for parents, support efforts to improve parenting skills and
expand access to mental health care.
The Children's Defense Fund, which tirelessly advocates for our most
vulnerable children, offered its full support for this bill, and it is
my privilege to quote the Children's Defense Fund under its so esteemed
leader: ``It takes historic and long overdue steps to direct Federal
child welfare dollars to improve outcomes for vulnerable children and
families.''
Simply put, this bill would help keep kids throughout our country
safe and in their homes instead of placing them in a foster care system
that we should use only when clearly necessary. It would be preferable
if the bill's key provisions on prevention started sooner to help
States facing immediate crises.
Furthermore, this legislation certainly does not address every
problem facing our child welfare system, including the need to recruit
more foster family homes; but, indeed, this bill is an important step
forward in strengthening our Nation's child welfare system in the long-
term. In fact, as we have seen, more than 50 organizations dedicated to
advocating for vulnerable children have come out in support of this
legislation, including, as mentioned, the Children's Defense Fund, the
American Academy of Pediatrics, Prevent Child Abuse America, the
American Psychological Association, Voice for Adoption, and the North
American Council on Adoptable Children. This bill has also been
endorsed by the national association representing State child welfare
agency directors.
This legislation represents an effort to find important common ground
in the House and also in the Senate with the leadership of Senators
Hatch and Wyden. We have more work to do. We have more work to do,
indeed, to ensure our children have the opportunities and support they
need to thrive, but this bill would take a very important step on that
path.
So, once again, I would like to thank my colleagues on the Republican
side and on the Democratic side. I would like to thank the staff on our
side and, I am sure, the same has been true of the Republican side for
all of their diligent and impassioned work on this important issue.
I reserve the balance of my time, and I ask unanimous consent that
the balance of my time be governed and managed by the gentleman from
Texas (Mr. Doggett).
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Michigan?
There was no objection.
Mr. BUCHANAN. Mr. Speaker, I reserve the balance of my time.
Mr. DOGGETT. Mr. Speaker, I yield myself 5 minutes.
Each day in America, as many as eight children die at the hands of
those who are supposed to be caring for them. Three out of four of
these children are under the age of three. Half of them will never
reach their first birthday, and countless others of all ages will
forever be scarred by abuse and by neglect.
The legislation that we consider tonight is all that remains of a
comprehensive child safety bill offered by Senator Ron Wyden and
offered by me here in the House last year. I salute his leadership
then, and I accept his decision to settle for a small bit of what we
sought to accomplish rather than no bit at all.
This year, Senator Wyden put a fraction of our original bill into a
proposal to which Senator Orrin Hatch agreed, a bipartisan Family First
draft proposal. Today's bill is a fraction of a fraction of our
original initiative.
{time} 1930
Despite the valiant efforts of many local groups and individuals
across Texas, we have a child abuse crisis there. As The Dallas Morning
News reported last month: ``Staggering number of Texas children in
imminent danger neglected by CPS''--Child Protective Services--
``investigation shows.''
And the same is true in one State after another. In short, the
Republican answer in this bill is to do absolutely nothing with regard
to child prevention services in additional resources now, to
essentially do nothing about this crisis now, to continue neglecting
the neglected this year, next year, and the year after that.
Adoption has proven one way that we can keep children out of the
foster care system and in a loving family. I know this is not Mr.
Buchanan's personal view, but the only way that House Republicans would
agree for us to fund additional preventive services for these children
to avoid child abuse--even though that takes 3 long, painful years of
delay--is by our cutting about $700 million from adoption.
The other source of funding is congregate or group care. I believe we
do need a change in group care, but while agreeing, I note that in
Texas last month there were over 60 foster care youth. The only place
they could find to sleep was in the State offices of Child Protective
Services, and one has to ask about this bill the question of where
these children will go if those group facilities are no longer
available.
This measure was approved on the same day that the Committee on Ways
and Means approved barring over $50 billion for additional tax breaks,
and yet not another dime of additional resources to prevent child abuse
this year. They demanded that there could be no resources going into
child abuse unless it was paid for from other human resources,
essentially robbing Peter to pay Paul.
One important aspect of the bill is the kinship provision, that
assisting relatives who are willing to raise a child, keep them in a
family home so they won't be bounced around from one place to another,
that they get some support. I think it is a worthy approach, but it
also shows how this House Republican proposal has slashed relief.
This year's bipartisan recommendation by Senators Wyden and Hatch was
estimated to cost $1.7 billion for kinship. Today we have a mere 8
percent--8 percent--of what they recommended, hardly worthy of a
celebration. The major focus of this bill is to provide a
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Federal incentive for the States to invest in prevention and early
intervention to ensure the safety of children. For too long we
backloaded everything. We responded to abuse after it occurred instead
of trying to prevent it at the beginning.
We offer assistance now through this bill eventually, and we should
be focused on it. I agree fully with that focus. That is why I plan to
vote, reluctantly, for this proposal. But this bill would give the
States an incentive through what is called Title IV-E, where the
Federal Government would put up 50 percent, 50 cents on the dollar that
is expended, and the States would put up 50 cents.
The SPEAKER pro tempore. The time of the gentleman has expired.
Mr. DOGGETT. I yield myself an additional 30 seconds.
Unfortunately, this bill provides no immediate relief for children
who are in danger right now. No additional funds for 3 years. In Texas,
with the opioid crisis, and in other States, these children need help
now. It has gotten so bad that Federal courts are beginning to declare
these systems unconstitutional. We could have done better by these
children. We have the capacity to do better. We have not had the will
to do better in this Congress.
Mr. Speaker, I reserve the balance of my time.
Mr. BUCHANAN. Mr. Speaker, having no other speakers, I reserve the
balance of my time.
Mr. DOGGETT. Mr. Speaker, I yield 5 minutes to the gentleman from
Illinois (Mr. Danny K. Davis), one of the members of our committee who
has been a real advocate for children suffering from abuse.
Mr. DANNY K. DAVIS of Illinois. Mr. Speaker, I want to thank my
colleague from Texas for yielding.
Child welfare advocates have used the adjectives ``landmark,''
``historic,'' and ``trailblazing'' to describe this bill. I
wholeheartedly agree with them. I am pleased to be a cosponsor of this
legislation that begins a fundamental shift in Federal child welfare
policy to preserving families rather than separating them.
I am deeply grateful to Ranking Member Levin, Chairman Brady,
Chairman Buchanan, Ranking Member Wyden, and Chairman Hatch for
including many provisions for which I have advocated, provisions that
will substantially strengthen families in Chicago, in Illinois, and
throughout the Nation. I am equally grateful to Ranking Member Doggett
for his tireless efforts to secure additional resources for prevention.
My congressional district has the highest percentage of children
living with grandparent caregivers in the Nation, followed closely by
two other congressional districts in Illinois. We know that substance
abuse and addiction underlie a substantial percentage of child welfare
cases and separates families.
When I ask foster youth what policymakers could do to make child
welfare better, they almost always say: You could have helped my mom
and dad.
That is exactly what we are doing here today. The Family First
Prevention Services Act invests in addressing key reasons that families
struggle by providing evidence-based mental health, substance abuse,
and parenting services to strengthen families so they can avoid the
child welfare system. I am especially pleased that the bill includes my
work to improve the effectiveness of child abuse and neglect prevention
related to substance abuse by modernizing the Regional Partnership
Grants.
Coupled with the prevention services, the extension of the Kinship
Navigator program, the improved licensing standards to address barriers
for relative caregivers, the extension of adoption and legal
guardianship incentive payments, the new services for pregnant and
parenting foster youth, the investment in electronic systems to improve
interstate placement of youth, and the funding to support children in
staying with their parents in residential treatment all promise to
improve permanency and well-being for youth and kinship caregivers.
I want to thank the chairperson of my Child Welfare Task Force, Dr.
Annetta Wilson, for sharing her expertise on how to improve policies to
support children and families. I also want to thank Pam Rodriguez and
George Williams with TASC in Chicago as well as Nancy Young with
Children and Family Futures for sharing their expertise about what
policies work to support parents affected by substance abuse so that we
can strengthen families.
Finally, this is not a perfect bill, but it is a historic bill and a
unique opportunity to strengthen families. I look forward to continuing
to work with my colleagues to enact additional supports for kinship
caregivers, enhance services for expectant and parenting foster youth,
and to protect the Social Security benefits of foster youth.
I attended a high school graduation last Friday, and the young lady
who got the biggest applause was one whose mother and grandmothers both
had died within the last 3 years. She also has given birth to two
children. But she graduated with honors, and it is the assistance and
help that we give to these young people who really prove that we can
have an effective welfare help system for young people who need the
help.
Mr. BUCHANAN. Mr. Speaker, I reserve the balance of my time.
Mr. DOGGETT. Mr. Speaker, how much time do I have remaining?
The SPEAKER pro tempore. The gentleman from Texas has 5 minutes
remaining.
Mr. DOGGETT. Mr. Speaker, I yield 3 minutes to the gentlewoman from
California (Ms. Bass), who, though not a formal member of our
committee, has been a very active participant in our subcommittee and
who chairs the Congressional Caucus on Foster Youth, among others.
Ms. BASS. Mr. Speaker, I rise today in support of H.R. 5456. I
believe this is a very positive step forward to reforming the child
welfare system in our country.
H.R. 5456 takes into account what has been learned from years of
county and State efforts at reform in the form of waivers. We have
learned a lot. We have learned that we can safely reduce the numbers of
children in care by providing services up front, prevention services
that, until now, could not be supported with Federal dollars unless the
State or county had a waiver.
What do we know?
We know that the main reason why children are in foster care is
because of child neglect, and the main reason for this is substance
abuse and mental illness. For example, there are programs, such as
SHIELDS for Families in Los Angeles, that have been able to reduce the
number of children in care by providing substance abuse services for
families for 12 months.
The problem with H.R. 5456, however, is that services would be cut
off after 12 months, and one of the features of addiction is relapse.
So what happens to a family if the individual relapses on the 11th
month? Will the children automatically be removed and placed into care?
I think during the implementation phase, we need to consider
flexibility with cutting off services at the end of 12 months.
The same thing applies to mental health services. The Chafee Grant is
another thing that is a positive feature of H.R. 5456. Chafee grants
help young people transition to adulthood. I am pleased that H.R. 5456
includes my language to extend time to 23 years old for a young person
to receive prevention services. What these services are are essentially
services that help a young person transition to adulthood, such as
housing, counseling, job training, et cetera. Chafee is also extended
in H.R. 5456 to the age of 26 for educational grants.
I want to applaud my State of California, where reforms are underway.
We have passed legislation in California that long recognizes the need
for housing to transition young people out of care, but in California
we have had the insight and foresight to understand that children 16
years old sometimes want to transition out of the foster care system.
Unfortunately, H.R. 5456 eliminates funding for children who are 16
years old.
I am concerned that the bill might have some unintended consequences.
I think we would all agree that it would be best to keep a child in a
family setting when they are 16 years old. However, many young people
wind up running away from foster homes. Unfortunately, they wind up
suffering from abuse, again, in a foster home, and
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they need to be transitioned into adulthood.
The SPEAKER pro tempore. The time of the gentlewoman has expired.
Mr. DOGGETT. Mr. Speaker, I yield an additional 15 seconds to the
gentlewoman.
Ms. BASS. I am hoping H.R. 5456 will take into consideration
unintended consequences and not contribute to homelessness amongst
youth.
Mr. BUCHANAN. Mr. Speaker, I reserve the balance of my time.
Mr. DOGGETT. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, 4 years ago I authored and passed into law the Protect
our Kids Act. It became law with the help of former Ways and Means
Republican Chair Dave Camp, and it established a commission to
eliminate child abuse and neglect fatalities. It is a mark of the
progress--or the lack of progress that this year, when that commission
came forward with its report, Republicans on our committee would not
permit a hearing to accept the modest findings of the commission.
And so we have reached tonight. I was offered in the traditional
Washington way an opportunity to put my name on this legislation. It
has some meritorious provisions that eventually come into effect, but I
could not do that and face my constituents in Texas saying that I had
done something to address this crisis when I know, in fact, we are not
doing what needs to be done to address this crisis.
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I advanced one of many alternatives to provide the dollars to deal
with this crisis now. That was a proposal not for new taxes, but it was
a proposal for tax compliance that would have fully funded the
bipartisan agreement from the Senate.
But for the ideological commitment to oppose any new resources going
to address child abuse, we would have those dollars. We wouldn't be
taking the money out of good adoption programs. We wouldn't be delaying
a response for 3 years. We would be doing something now to address the
challenges that are out there for the children who face abuse and
neglect today.
That is what should be happening. That is what today's bill fails to
do, though it offers us the promise of eventual action to do what we
should be doing right now.
And why wait three years to respond to this crisis? Because the
Republican-controlled Ways and Means Committee that vulnerable children
can receive federal relief only from money taken from other children or
other portions of initiatives within the jurisdiction of the Human
Resources Subcommittee. Republicans rejected the use of any additional
resources to prevent child abuse, including a simple tax compliance
measure that would require the filing of a 1099 for alimony payments to
ensure that those payments were being reported as income, which federal
law has long required. That modest requirement would have provided more
than $2 billion of resources, without raising a dime of taxes.
Because taking money from adoption and congregate care fails to fully
fund even today's delayed response, Republicans must also today waive a
Budget point of order, since this bill does not comply with their own
Budget rules.
Finally, this bill makes wholly unjustified and discriminatory cuts
to adoption assistance. The sole reason for these cuts is budgetary--
that was apparently the easiest way to find funds instead of adding the
necessary revenue. This bill is paid for, in part, by delaying funding
for children under the age of 4 to be adopted out of foster care, for
those children with special needs, physical or mental, who are the
hardest to adopt. According to a law Congress passed in 2008, those
adopting 2- and 3-years-olds, who would otherwise have been entering
foster care, would have been eligible in October for modest federal
assistance; infants and 1-year-olds would have been eligible next year.
Now, that funding will be delayed 2\1/2\ years, to pay for new
services, none of which become available until 2020. The only excuse
given for taking almost $700 million that otherwise would have
supported adoptions is that some states are failing to reinvest in
foster children the money that they save in foster care costs for each
child who is adopted. There is no example of fraud or abuse, only the
all too typical diversion by some states for other public services.
Some states like Texas, which so regularly ignores the needs of its
children, reinvested only a dime of every dollar of adoption savings in
foster care. Others like Florida followed federal law and reinvested
every dollar of their savings. This bill discriminates against Florida
and similar states.
And what does this bill propose to do to crack down on this state
diversion of savings from adoption? It asks for a government report. In
2014, Congress enacted provisions of the Preventing Sex Trafficking and
Strengthening Families Act to prevent diversion. The Administration
should enforce that Act. Requesting that the Government Accountability
Office provide information already available from the U.S. Department
of Health and Human Services adds nothing not already known. But if all
we wanted was a report, we could get that report just by writing a
letter to the GAO. Seeking another report represents cover for taking
away resources that would otherwise have benefitted blameless infants
and toddlers.
We have a serious problem that deserves a serious state-federal,
bipartisan solution. I am not opposing today's bill, but it does far
less than it could and should have. It is a true missed opportunity to
help some of our most vulnerable Americans. Today's bill does
something, someday. We ought to be responding fully and effectively
this day.
Mr. Speaker, I yield back the balance of my time.
Mr. BUCHANAN. Mr. Speaker, I yield myself such time as I may consume.
Again, this is bipartisan, bicameral legislation. It takes important
steps to keep more children safely at home and out of foster care.
Under the current law, most Federal funding for child welfare is
directed toward reimbursing States after they place a child in foster
care. This is the least desirable outcome.
This legislation turns this around by putting resources towards
preventative services to keep children safely with their parents or
relatives. Most importantly, this bill will help ensure that more
children grow up in a safe home surrounded by a stable family.
Strong families make for a strong community. I urge my colleagues to
support the Family First Prevention Services Act.
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 Florida (Mr. Buchanan) that the House suspend the rules
and pass the bill, H.R. 5456, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
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