[House Report 114-628]
[From the U.S. Government Publishing Office]


114th Congress    }                                       {     Report
                        HOUSE OF REPRESENTATIVES
 2d Session       }                                       {    114-628

======================================================================
 
              FAMILY FIRST PREVENTION SERVICES ACT OF 2016

                                _______
                                

 June 21, 2016.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

Mr. Brady of Texas, from the Committee on Ways and Means, submitted the 
                               following

                              R E P O R T

                             together with

                            ADDITIONAL VIEWS

                        [To accompany H.R. 5456]

    The Committee on Ways and Means, to whom was referred 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, having considered the same, report 
favorably thereon with an amendment and recommend that the bill 
as amended do pass.

                                CONTENTS

                                                                   Page
  I. SUMMARY AND BACKGROUND..........................................27
          A. Purpose and Summary.................................    27
          B. Background and Need for Legislation.................    27
          C. Legislative History.................................    30
 II. EXPLANATION OF THE BILL.........................................31
          Sections 1 and 2: Short Title and Table of Contents....    31
          Title I--Investing in Prevention and Family Services...    32
          Section 101: Purpose...................................    32
          Subtitle A--Prevention Activities Under Title IV-E.....    32
          Section 111: Foster Care Prevention Services and 
              Programs...........................................    32
          Section 112: Foster Care Maintenance Payments for 
              Children with Parents in a Licensed Residential 
              Family-Based Treatment Facility for Substance Abuse    39
          Section 113: IV-E Payments for Evidence-Based Kinship 
              Navigator Programs.................................    40
          Subtitle B--Enhanced Support Under Title IV-B..........    41
          Section 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    41
          Section 122: Reducing Bureaucracy and Unnecessary 
              Delays when Placing Children in Homes Across State 
              Lines..............................................    41
          Section 123: Enhancements to Grants to Improve Well-
              Being of Families Affected by Substance Abuse......    44
          Subtitle C--Miscellaneous..............................    49
          Section 131: Reviewing and Improving Licensing 
              Standards for Placement in a Relative Foster Family    49
          Section 132: Development of a Statewide Plan to Prevent 
              Child Abuse and Neglect Fatalities.................    50
          Section 133: Modernizing the Title and Purpose of Title 
              IV-E...............................................    52
          Section 134: Effective Dates...........................    53
          Title II--Ensuring the Necessity of a Placement that is 
              Not in a Foster Family Home........................    54
          Section 201: Limitation on Federal Financial 
              Participation for Placements that are Not in Foster 
              Family Homes.......................................    54
          Section 202: Assessment and Documentation of the Need 
              for Placement in a Qualified Residential Treatment 
              Program............................................    56
          Section 203: Protocols to Prevent Inappropriate 
              Diagnoses..........................................    58
          Section 204: Additional Data and Reports Regarding 
              Children Placed in a Setting that is Not a Foster 
              Family.............................................    58
          Section 205: Effective Dates; Application to Waivers...    59
          Title III--Continuing Support for Child and Family 
              Services...........................................    62
          Section 301: Supporting and Retaining Foster Families 
              for Children.......................................    62
          Section 302: Extension of Child and Family Services 
              Programs...........................................    62
          Section 303: Improvements to the John H. Chafee Foster 
              Care Independence Program and Related Provisions...    63
          Title IV--Continuing Incentives to States to Promote 
              Adoption and Legal Guardianship....................    67
          Section 401: Reauthorizing Adoption and Legal 
              Guardianship Incentive Programs....................    67
          Title V--Technical Corrections.........................    68
          Section 501: Technical Corrections to Data Exchange 
              Standards to Improve Program Coordination..........    68
          Section 502: Technical Corrections to State Requirement 
              to Address the Developmental Needs of Young 
              Children...........................................    68
          Title VI--Ensuring States Reinvest Savings Resulting 
              from Increase in Adoption Assistance...............    69
          Section 601 and 602: Delay of Adoption Assistance 
              Phase-In; GAO Report...............................    69
III. VOTES OF THE COMMITTEE..........................................71
 IV. NEW BUDGET AUTHORITY AND TAX EXPENDITURES.......................71
  V. COST ESTIMATE PREPARED BY THE CONGRESSIONAL BUDGET OFFICE.......71
 VI. OTHER MATTERS TO BE DISCUSSED UNDER THE RULES OF THE HOUSE......71
          A. Committee Oversight Findings and Recommendations....    71
          B. Statement of General Performance Goals and 
              Objectives.........................................    71
          C. Applicability of House Rule XXI 5(b)................    72
          D. Congressional Earmarks, Limited Tax Benefits, and 
              Limited Tariff Benefits............................    72
          E. Duplication of Federal Programs.....................    72
          F. Disclosure of Directed Rule Makings.................    72
VII. CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED...........72
          A. Text of Existing Law Amended or Repealed by the 
              Bill, as Reported..................................    72
          B. Changes in Existing Law Proposed by the Bill, as 
              Reported...........................................   150
VIII.ADDITIONAL VIEWS...............................................253


    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

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 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 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
                          ``(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 ``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'';
                  (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.--
                  ``(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 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 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 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).

                       I. SUMMARY AND BACKGROUND


                         A. Purpose and Summary

    H.R. 5456 as amended, the ``Family First Prevention 
Services Act of 2016,'' as ordered reported by the Committee on 
Ways and Means on June 15, 2016, strengthens families by 
providing evidence-based prevention services to keep children 
out of foster care and reduces inappropriate placements of 
foster children into group homes.

                 B. Background and Need for Legislation

    More than 400,000 children in the United States are living 
in foster care on any one day. While some children stay only 
for a short time, on a given day nearly 100,000 have spent at 
least one year in care, more than 67,000 have been living in 
foster care for three years or more, and each year more than 
20,000 children reach adulthood while living in foster care.\1\
---------------------------------------------------------------------------
    \1\U.S. House Committee on Ways and Means, 2014 Green Book, Chapter 
11, ``Additional Tables and Figures Related to Child Welfare,'' Table 
11-14 (FY2013 data) http://greenbook.waysandmeans.house.gov/sites/
greenbook.waysandmeans.house.gov/files/Table%2011-17A.pdf and Table 11-
17 http://greenbook.waysandmeans.house.gov/sites/
greenbook.waysandmeans.house.gov/files/Table%2011-17.pdf.
---------------------------------------------------------------------------
    The public and human cost of removing abused and neglected 
children from their birth families and caring for them in 
foster families, group homes, or institutions is substantial. 
State and federal expenditures in foster care totaled more than 
$8 billion in fiscal year 2014 under title IV-E of the Social 
Security Act (Federal Payments for Foster Care and Adoption 
Assistance).\2\ Even more is spent on medical care and child 
care payments to the families that care for these vulnerable 
children. Further, there are longer-term costs that society 
incurs because of the developmental risks associated with child 
maltreatment, trauma, and family disruption.
---------------------------------------------------------------------------
    \2\U.S. Department of Health and Human Services, Administration for 
Children and Families, Office of Legislative Affairs and Budget, Title 
IV-E FY2014 Expenditures as Reported by the States (May 2015).
---------------------------------------------------------------------------
    The majority of children who enter foster care end up 
either reunifying with their parents or principal caretakers 
(51%) or going to live with a relative or guardian (15%).\3\ 
Given the intense emotional trauma associated with entering 
foster care, as well as the cost to both state and federal 
governments, there is great interest in identifying ways to 
promote family stability, reduce foster care entries and 
lengths of stay, and facilitate reunification and kinship 
placements. Additionally, as policymakers look at ways to 
ensure that group homes are safe and limited to situations 
where a family placement cannot meet the child's needs, there 
also needs to be better support to ensure those children are 
safe at home or with foster families.
---------------------------------------------------------------------------
    \3\U.S. House Committee on Ways and Means, 2014 Green Book, Chapter 
11, ``Additional Tables and Figures Related to Child Welfare,'' Table 
11-17A. http://greenbook.waysandmeans.house.gov/sites/
greenbook.waysandmeans.house.gov/files/Table%2011-17A.pdf.
---------------------------------------------------------------------------
    The ``Family First Prevention Services Act of 2016'' would 
shift federal child welfare spending away from what is often 
the worst-case scenario (having to remove children from their 
homes to keep them safe) and toward better options (evidence-
based programs to strengthen families and protect children). 
Starting on October 1, 2019, when current title IV-E waivers 
expire, the bill would reimburse states a portion of their 
costs for providing substance abuse, mental health, and in-home 
parenting services for up to 12 months with the purpose of 
making foster care unnecessary by addressing underlying family 
challenges. This bill increases the likelihood of positive 
short and long-term outcomes for both children and parents. 
Moreover, it would ensure that children who do need foster care 
are appropriately placed with family members, whenever 
possible.
    Under current child welfare financing, when a family is 
struggling, the vast majority of federal support is only 
available if the state removes a child from his or her 
biological or adoptive home and places the child in foster 
care. Even though it is often less expensive and more 
effective, federal support for prevention services that can 
keep the child safe at home is extremely limited.
    Despite the efforts of many loving foster parents, children 
who spend time in foster care face increased risks of substance 
abuse, homelessness, teen pregnancy and other negative 
outcomes. In addition, the nation is currently in the grips of 
an opioid epidemic, which according to many states is 
responsible for recent spikes in the need for out-of-home 
foster care placements after more than a decade of decline.
    Too often, biological families, families that have adopted 
a child from foster care, and families where a relative is 
caring for the child have been told that the only way to get 
help is for the child to enter (or reenter) foster care. Under 
this bill, those families would all be eligible for services, 
if needed to keep the child safely at home. Only prevention 
services classified as ``promising,'' ``supported,'' or ``well-
supported,'' based on an evidence structure developed by the 
California Evidence-Based Clearinghouse, would be eligible for 
reimbursement. As the American Academy of Pediatrics wrote 
after the bill was introduced:

          [The Family First Prevention Services Act] 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.\4\
---------------------------------------------------------------------------
    \4\American Academy of Pediatrics, Letter to Chairman Kevin Brady, 
Ranking Member Sander Levin, Senate Finance Committee Chairman Orrin 
Hatch and Ranking Member Ron Wyden, June 13, 2016.

    H.R. 5456 ensures more foster children are placed with 
families by limiting federal reimbursement to only congregate 
care placements that are demonstrated to be the most 
appropriate for a child's needs, subject to ongoing judicial 
review. In addition, to be eligible for federal payment, 
congregate care settings would be subject to licensing and 
accreditation standards to ensure they provide appropriate 
supervision and have the necessary clinical staff to address 
children's needs. Upon introduction of H.R. 5456, the 
---------------------------------------------------------------------------
Children's Defense Fund stated:

          [The Family First Prevention Services Act] takes 
        historic and long overdue steps to direct federal child 
        welfare dollars to improve outcomes for vulnerable 
        children and families . . . [It] takes important steps 
        to ensure children who need foster care will be placed 
        in the least-restrictive most family-like setting 
        appropriate to their needs, and gives special attention 
        to children whose emotional or other special needs 
        require residential treatment.''\5\
---------------------------------------------------------------------------
    \5\Children's Defense Fund, letter to Chairman Kevin Brady, Ranking 
Member Sander Levin, Senate Finance Committee Chairman Orrin Hatch, 
Ranking Member Ron Wyden, Human Resources Subcommittee Chairman Vern 
Buchanan, and Human Resources Subcommittee Ranking Member Lloyd 
Doggett, June 13, 2016.

    The Juvenile Law Center agreed, stating in a letter to 
Members of the Committee ``We strongly support the [Family 
First Prevention Services Act] and believe it would greatly 
improve the ability of child welfare agencies to keep children 
in their own homes and shorten their time in the system if they 
do enter.''\6\
---------------------------------------------------------------------------
    \6\Juvenile Law Center, letter to Committee Staff, June 13, 2016.
---------------------------------------------------------------------------
    H.R. 5456 further supports family relationships by allowing 
states to receive partial federal reimbursement for evidence-
based Kinship Navigator programs to help children remain with 
family members whenever possible. Kinship Navigator programs 
provide information, referral, and follow-up services to 
grandparents and other relatives who unexpectedly assume 
caregiver responsibility for children who cannot remain safely 
with their parents.
    The bill also keeps families together by reauthorizing 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 updates grant requirements based on 
lessons learned from the most effective past grants. In 
addition, the bill updates the program to specifically address 
the opioid and heroin epidemic and leverages what's been 
learned to ensure that new foster care prevention funding 
provided under the bill is used effectively.
    The bill improves support for the transition to adulthood 
by updating the John H. Chafee Foster Care Independence Program 
to allow states the option of continuing to assist older former 
foster youth up to age 23, including providing education and 
training vouchers.
    Included in the bill is the bipartisan House-passed H.R. 
4472, the ``Modernizing the Interstate Placement of Children in 
Foster Care Act'' which encourages states to use electronic 
systems for information exchange when placing children across 
state lines. This reduces the amount of time foster children 
wait to be adopted, placed with relatives, or placed with 
foster parents. As Representative Todd Young (R-IN), sponsor of 
H.R. 4472, noted on the House Floor during debate and passage 
of the bill:

          These are pilot programs that have achieved 
        substantial reductions in the time it took to place 
        these children into forever homes, reducing the time a 
        child waited by 30%. For a child, that means a month 
        and a half less time being shuffled from foster home to 
        foster home, being taken in and out of school, without 
        a set routine.\7\
---------------------------------------------------------------------------
    \7\Representative Todd Young, Remarks during House Floor Passage of 
H.R. 4472, the ``Modernizing the Interstate Placement of Children in 
Foster Care Act''. March 22, 2016.

    Similarly, Representative Danny Davis (D-IL), the lead co-
sponsor of H.R. 4472, commented during the same debate, ``H.R. 
4472 would accelerate the number of participating states in the 
short run, and ensure that all states participate in the long 
run . . . Modernizing the technology to increase efficiencies 
and quicken placements is commonsense and respects the urgency 
of finding permanent loving homes for children.''\8\
---------------------------------------------------------------------------
    \8\Representative Danny Davis, Remarks during House Floor Passage 
of H.R. 4472, the ``Modernizing the Interstate Placement of Children in 
Foster Care Act'', March 22, 2016.
---------------------------------------------------------------------------
    H.R. 5456 helps relative caregivers by requiring that 
states examine whether their licensing standards align with the 
best practices outlined in model family foster home licensing 
standards that set reasonable requirements for family homes 
that consider community norms and cultural differences as well 
as remove artificial barriers to family care. Further, the bill 
requires states to describe whether and how it has elected to 
waive licensing standards for relative foster family homes and 
what efforts are made to train caseworkers about waiving non-
safety standards when licensing relatives to promote family 
placement. The bill also supports existing child welfare 
services by extending for five years the Promoting Safe and 
Stable Families and Child Welfare Services programs (jointly 
title IV-B of the Social Security Act) as well as the Adoption 
and Legal Guardianship Incentive Payments, which are set to 
expire at the end of fiscal year 2016.
    Finally, H.R. 5456 delays the final implementation of 
additional federal reimbursement for the adoptions of infants 
and toddlers to allow for a Government Accountability Office 
review. The study will examine compliance with the Fostering 
Connections to Success and Increasing Adoptions Act of 2008 
(P.L. 110-135) requirement that states reinvest the state funds 
freed up as a result of increased federal reimbursement for 
adoption. All adoptive families would remain eligible for 
either state or federally-funded services, and adoptive 
families with a child at risk of reentering foster care would 
be newly eligible for evidence-based prevention services 
provided under this bill.

                         C. Legislative History


Background

    H.R. 5456, the ``Family First Prevention Services Act of 
2016,'' was introduced on June 13, 2016, by Representative Vern 
Buchanan and was referred to the Committee on Ways and Means.

Committee hearings

    The Ways and Means Subcommittee on Human Resources held a 
hearing on May 18, 2016 on parental substance abuse and its 
impact on the child welfare system. The hearing entitled, ``The 
Heroin Epidemic and Parental Substance Abuse: Using Evidence 
and Data to Protect Kids from Harm'' provided Members with the 
opportunity to examine the effectiveness of programs designed 
to address parental substance abuse and the potential for 
expanding these types of programs to keep more families 
together. Members also learned about state efforts to better 
use data to identify and serve children most at risk due to 
parental substance abuse or other risk factors.
    As Subcommittee Chairman Buchanan (R-FL) remarked during 
his opening statement:

          According to data and news reports, parental drug 
        abuse is a leading factor in why children enter foster 
        care. Officials in multiple states have cited opioids, 
        heroin, and other substances as a major reason for the 
        increase in foster care caseloads, and federal data 
        supports this view. In FY 2014, more than 25% of those 
        children found to be victims of abuse or neglect had 
        caregivers with drug abuse problems. Thankfully, many 
        states, including Florida, are leading efforts to 
        combat this crisis. Today we will learn about some of 
        these approaches, including ways to serve families at 
        home or in other settings so children can remain safely 
        with their parents, or more quickly return home if they 
        must enter foster care.''\9\

    \9\Chairman of the Ways and Means Human Resources Subcommittee Vern 
Buchanan (R-FL), Opening Statement, Hearing on The Heroin Epidemic and 
Parental Substance Abuse and Using Evidence and Data to Protect Kids 
from Harm, May 18, 2016.
---------------------------------------------------------------------------
    Throughout the past few Congresses, the House Ways and 
Means Human Resources Subcommittee held a number of hearings 
focusing on child welfare and related issues, including:
           Improving Programs Designed to Protect At-
        Risk Youth, June 16, 2011
           Child Deaths Due to Maltreatment, July 12, 
        2011
           Increasing Adoptions from Foster Care, 
        February 27, 2013
           Proposal to Reduce Child Deaths Due to 
        Maltreatment, December 12, 2012
           Letting Kids Be Kids: Balancing Safety with 
        Opportunity for Foster Youth, May 9, 2013
           Evaluating Efforts to Help Families Support 
        their Children and Escape Poverty, July 17, 2013
           Preventing and Addressing Sex Trafficking of 
        Youth in Foster Care, October 23, 2013
           Field Hearing on Efforts to Prevent and 
        Address Child Sex Trafficking in Washington State, 
        February 19, 2014
           Caring for Our Kids: Are We Overmedicating 
        Children in Foster Care?, May 29, 2014
           Challenges Facing Low-Income Individuals and 
        Families in Today's Economy, February 11, 2015

Committee action

    The Committee on Ways and Means marked up H.R. 5456, the 
``Family First Prevention Services Act of 2016,'' on June 15, 
2016. The bill was ordered favorably reported to the House of 
Representatives, as amended, by a voice vote (with a quorum 
being present).

                      II. EXPLANATION OF THE BILL


          SECTIONS 1 AND 2: SHORT TITLE AND TABLE OF CONTENTS

Present law

    No provision.

Explanation of provision

    These sections contain the short title of the bill, the 
``Family First Prevention Services Act of 2016,'' and the table 
of contents.

Reason for change

    The Committee believes that the short title and table of 
contents accurately reflect the policy actions included in the 
legislation.

Effective date

    These provisions are effective upon enactment.

          Title I--Investing in Prevention and Family Services


                          SECTION 101: PURPOSE

Present law

    No provision.

Explanation of provision

    This section contains the purpose of the title to enable 
states to use federal funds available under title IV-B and 
title IV-E of the Social Security Act to enhance their support 
to children and families and prevent foster care placements.

Reason for change

    The Committee believes that the purpose reflects the policy 
actions included in the legislation.

Effective date

    The provision is effective upon enactment.

           SUBTITLE A--PREVENTION ACTIVITIES UNDER TITLE IV-E

       SECTION 111: FOSTER CARE PREVENTION SERVICES AND PROGRAMS

Present law

    Under title IV-E, states, territories and tribes with an 
approved title IV-E plan are entitled to federal support for a 
part of the cost of providing assistance to each eligible child 
and to each eligible child who leaves foster care for a new 
permanent home (via adoption or legal guardianship). Title IV-E 
funding may not be used to provide services, including those 
identified as needed to prevent a child's placement in foster 
care [Sec. 474(a)(1), (2), (3), and (5) of the Social Security 
Act].
    In general, under title IV-E states may only receive 
federal foster care support for children placed in foster care 
who were removed from families with very low income. States are 
permitted, however, to claim some federal title IV-E support 
for limited program administration work done concerning a child 
who is considered at imminent risk of entering, or re-entering, 
foster care. These children are referred to as ``candidates.'' 
To be a ``candidate'' a child must be ``potentially eligible'' 
for a title IV-E foster care maintenance payments (which 
includes meeting the income test) and the state must have begun 
court proceeding to remove the child from the home or be making 
reasonable efforts to prevent the child's entry to foster care 
[Sec. 472(i)(2) of the Social Security Act].
    For each child in foster care the state must develop a 
written case plan [Sec 471(a)(16) and Sec. 475(1) of the Social 
Security Act].
    A state or tribe must have an approved title IV-E plan in 
order to receive federal support under title IV-E [Sec. 471(a) 
of the Social Security Act].
    States must regularly report to HHS on the characteristics 
of each child in foster care (e.g., age, race/ethnicity, date 
of entry to care, placement setting in care and more) [Sec. 479 
of the Social Security Act]. HHS is required to develop outcome 
measures related to children in foster care and it must 
annually report state-level performance on these measures [Sec. 
479A of the Social Security Act].
    Title IV-B authorizes funds to states and tribes for 
provision of services to children and their families and 
requires states to provide non-federal ``matching'' dollars to 
receive title IV-B funds. Under the Temporary Assistance for 
Needy Families (TANF) block grant (title IV-A) states and 
tribes receive funding that may be used to provide cash aid for 
low-income families with children and a range of services. To 
receive federal TANF funds, states are required to spend non-
federal dollars up to a specific maintenance of effort (MOE) 
level in TANF or related programs. Under the Social Services 
Block Grant (SSBG) (title XX, Subtitle A) states receive 
funding that may be used for a variety of protective, 
preventative, and support services for children and adults, 
including the elderly. There are no federal matching or MOE 
requirements under SSBG.
    Receipt of title IV-E aid or assistance may affect a 
child's eligibility for other programs authorized under the 
Social Security Act.
    States and tribes with an approved title IV-E plan are 
entitled to reimbursement for a part of the costs of providing 
title IV-E assistance and administering the program. The share 
of title IV-E program costs reimbursed by the federal 
government varies by state and/or type of program costs: For 
foster care maintenance, adoption and kinship guardianship 
assistance payments, it equals the Federal Medical Assistance 
Percentage (FMAP) of the given state or tribe and may range 
from 50%-83%. For program administrative costs (other than 
training) it is 50% in all states and tribes. For program 
training costs, it is 75% in all states and tribes.
    Title IV-E funding may not be used to provide social 
services. It is generally not available until a child enters 
foster care and then, with very limited exceptions, only for 
children in foster care who meet federal eligibility 
requirements, including an income test (applied to the home 
from which the child was removed) [Sec. 474(a)(1), (2), (3), 
and (5) of the Social Security Act].
    Effective with FY2010, the title IV-E program permits 
tribes (or tribal consortia) to directly operate a title IV-E 
program under an HHS-approved title IV-E plan. With limited 
exceptions, tribes wishing to receive direct federal title IV-E 
funding must meet each of the program rules and funding 
requirements made of states under title IV-E [Sec. 479B of the 
Social Security Act].

Explanation of provision

    This section would amend the title IV-E foster care and 
permanency program to give states and tribes the option of 
receiving partial federal reimbursement for state expenditures 
to provide services that enable children to remain safely at 
home, or with a kin care provider. These prevention activities 
would include mental health and substance abuse prevention and 
treatment services, and in-home parent skill-based programs 
(including parenting skills training, parent education, and 
individual and family counseling).
    This section would provide partial federal reimbursement 
for the title IV-E prevention services and programs for any 
child determined to be at imminent risk of entering (or re-
entering) foster care, any pregnant or parenting youth in 
foster care, and the parents and/or kin caregivers of such 
children and youth would be available for a period of no more 
than 12 months. No income test would apply.
    Mental health and substance abuse prevention and treatment 
services and in-home parent skill-based programs would be 
eligible for title IV-E support only if they are offered in a 
trauma-informed manner; specified in the child's written 
``prevention plan'' (before they are provided to, or on behalf 
of, the child); and meet the definition of a ``promising,'' 
``supported,'' or ``well-supported'' practice given in the 
bill. The amount and rigor of research necessary to meet the 
definition for each of these categories varies; however, to be 
included in any of these categories, one or more reliable study 
must have found that the practice is superior to an appropriate 
comparison practice in achieving improved child and parent 
outcomes on matters such as child safety and well-being, mental 
health, and substance abuse.
    Additionally, a state opting to provide these services 
under its title IV-E plan would need to include a prevention 
component in its HHS-approved title IV-E plan. Among other 
things, the prevention component would need to specify the 
title IV-E prevention services and programs the state intends 
to provide and whether they are promising, supported, or well-
supported; describe the outcomes the state intends to achieve; 
discuss how the state will evaluate its provision of each 
prevention service or program offered; describe how it will 
continuously monitor its provisions of these prevention 
services and programs and use the information learned to refine 
and improve its practices; and describe how child welfare 
workers will be trained and supported to effectively carry out 
title IV-E prevention services and supports. Further, the 
prevention component would need to be updated and resubmitted 
for approval every five years. The state would also need to 
assure that it would collect and report to HHS certain data on 
each child for whom, or on whose behalf, prevention services or 
programs are provided and, any information necessary to ensure 
the state meets the required maintenance of effort (MOE) 
spending level.
    Title IV-E support for prevention services and programs 
that are promising, supported, or well-supported would be 
available beginning with the first day of FY2020 (October 1, 
2019). For each of FY2020-FY2025 this federal support would 
equal 50% of the total cost to the state of providing title IV-
E prevention services and programs. Beginning with FY2026 
(October 1, 2025), the federal share of the total cost of 
providing title IV-E prevention services and programs would be 
set at the state's Federal Medical Assistance Percentage or 
FMAP. A state's FMAP--sometimes referred to as its ``Medicaid 
matching rate''--is annually recalculated by HHS and may vary 
from 50%-83% (with states that have lower per capita income 
receiving higher federal support and vice versa). There would 
be no income test associated with claiming federal support for 
providing these services to children or their families. 
However, in every fiscal year (beginning with FY2020), no less 
than one-half (50%) of a state's title IV-E prevention services 
and programs must be spent on well-supported practices in order 
for the spending to be eligible for federal reimbursement. 
Finally, federal support for program administration and 
training related to providing these title IV-E prevention 
services and programs, including program development and data 
collection and report costs, would be available at 50%.
    A state taking the title IV-E prevention services and 
program option would be required to continue spending (outside 
of the title IV-E program) no less on ``foster care prevention 
services, and activities'' than it had spent for those services 
and activities in FY2014. This FY2014 spending level would be 
the state's required maintenance of effort (MOE), and no MOE 
spending could be used to access reimbursement for title IV-E 
prevention services and programs. To establish a state's MOE 
spending level, HHS would be required to determine which 
activities provided under the title IV-B child welfare services 
program, the Temporary Assistance for Needy Families (TANF) 
block grant, the Social Services Block Grant (SSBG) and other 
state programs are ``foster care prevention services and 
activities.'' A state's MOE spending level would include 
federal, state, and local dollars spent for those foster care 
prevention services and activities under those programs.
    Tribes with an approved title IV-E plan may elect to 
provide prevention and services programs on generally the same 
basis as states with an approved title IV-E plan. HHS would be 
required to specify the title IV-E requirements and prevention 
performance measures applicable to a given tribe, which to the 
``greatest extent practicable,'' must be consistent with 
requirements and performance measures applicable to states and 
must permit provision of services and programs adapted to the 
context and culture of the tribal communities served.
    No later than October 1, 2018, HHS would be required to 
issue (and update as needed) guidance to states that includes a 
``pre-approved'' list of services and programs that meet the 
promising, supported, and well-supported practices criteria of 
the title IV-E prevention services and programs component. 
Further, HHS would be required to offer technical assistance to 
states on implementing services and programs meeting the 
promising, supported, and well-supported practices criteria and 
must ensure establishment of a public clearinghouse to evaluate 
existing research and provide information on those practices 
and their outcomes. It may also carry out, or support, 
research, evaluation and data collection to assess the extent 
to which title IV-E prevention services and programs reduce the 
likelihood of foster care placement, increase use of kinship 
care, and improve child well-being and would be required to 
provide periodic reports to the House Ways and Means and Senate 
Finance Committees on the provision of title IV-E prevention 
services and programs. The bill would directly appropriate $1 
million a year to enable HHS to carry out these duties.
    Beginning in FY2021, HHS would be required to establish 
prevention performance measures (based on median state 
performance) concerning the cost of prevention services and 
programs and the percentage of candidates for foster care who 
did not enter care during the 12-month period in which they 
received title IV-E prevention services and programs (and for 
12 months afterwards).

Reason for change

    Currently, there are 31 title IV-E waiver projects approved 
or being implemented in 30 jurisdictions across the country. 
The Committee expects that the Secretary of HHS will use 
current statutory authority to extend state or tribal title IV-
E waivers through the end of FY 2019, when necessary and 
requested by the state or tribe, to ensure continuity of 
prevention services provided to families and a smooth 
transition to prevention funding via title IV-E, and will serve 
as a resource for states and tribes during the transition.
    A majority of these projects (22) have a strong focus on 
preventing entry or re-entry to foster care when possible, and, 
if a child enters or is in foster care, finding permanency for 
the child (usually through family reunification whenever 
possible). The remaining nine target services to children in 
foster care (or who have left foster care) and their parents, 
including four dedicated largely to reducing inappropriate use 
of congregate care. These projects targeting children in foster 
care also share a focus on engaging family and kin in care of 
their children whenever possible.
    States have identified a range of program strategies to 
accomplish the goals of their waiver, a number of which have 
been previously evaluated as effective. Most commonly these 
include assessing the needs of the family using clinical and 
functional assessments (one or more, alone or combined) (18 
states), including, for example, the Child and Adolescent Needs 
and Strengths Assessment, and the Ages and States 
Questionnaire. The purpose of these assessments, generally, is 
to better understand the particular strengths and needs of a 
child and family and to be able to individualize services 
accordingly.\10\
---------------------------------------------------------------------------
    \10\Stoltzfus, E (March 2015). Memorandum to the Senate Finance 
Committee: Current Law Regarding Child Welfare Demonstration Authority 
and Project Approved.
---------------------------------------------------------------------------
    Many states indicate they use:
           Evidenced-based parenting education models 
        (e.g., Positive Parenting Program (Triple P) or the 
        Incredible Years (17 states);
           Therapeutic services, including those with 
        specific awareness of effects of trauma, (e.g., Parent-
        Child Interaction Therapy or Multi-Dimensional 
        Treatment Foster Care) (15 states);
           Practices that facilitate greater parent and 
        family member input in case planning and management 
        through the use of Family Group Decision Making, Family 
        Team Conferencing, and other family engagement 
        strategies (14 states); and
           Family preservation services (e.g., 
        Homebuilders) (13 states).\11\
---------------------------------------------------------------------------
    \11\Stoltzfus, E (March 2015). Memorandum to the Senate Finance 
Committee: Current Law Regarding Child Welfare Demonstration Authority 
and Project Approved.
---------------------------------------------------------------------------
    This list of interventions and specific models is by no 
means exhaustive, but is meant to suggest some of the more 
frequently used waiver interventions. Because the title IV-E 
waiver authority expires in FY2019, it is necessary for 
Congress to act to ensure states may continue to use federal 
dollars to support foster care prevention activities like those 
outlined above. The narrow expansion of title IV-E under this 
legislation will allow states with existing title IV-E waivers 
to continue to invest in high quality prevention services while 
allowing those states without such waivers to take advantage of 
this new federal option. It is also the Committee's expectation 
that states and tribes would provide some services which lasted 
more than 12 months, and would use the reimbursement for the 
first 12 months to reduce the state's overall cost of serving 
those children and families.
    Under the eligibility criteria for new prevention services 
in title IV-E, the Committee recognized that children may come 
to the attention of the child welfare system and be considered 
at imminent risk of entry into foster care in a wide variety of 
scenarios. Accordingly, the Committee intentionally did not 
attempt to provide an exhaustive list of the living situations 
and caregiver dynamics that would trigger eligibility for the 
evidence-based mental health, substance abuse, and parent 
skill-building services made available under this bill. The 
Committee believes the intent of this legislation is for states 
to use these new matching funds in the panoply of possible 
scenarios under which a child may be at imminent risk of 
entering foster care and would likely enter but for the 
provision of support services.
    The following represents examples, but is by no means an 
exhaustive list, of the types of scenarios during which a state 
could claim a match for title IV-E prevention services on 
behalf of a child and his or her caregivers:
           When an adopted child is at risk of entering 
        or re-entering foster care, these prevention services 
        can come in the form of post-adoption supports and be 
        made available so that such parents need not relinquish 
        their parental right in order to access such services;
           When a child in a formal or informal kinship 
        placement is at imminent risk of entering or re-
        entering foster care, these prevention services can be 
        made available;
           When a child is living with his or her 
        parents and is deemed as being at imminent risk of 
        entering foster care, but a relative caregiver could 
        step in to become the guardian if provided prevention 
        services, such services can be made available;
           If a child at a young age was deemed a 
        candidate for care and his or her caregiver received 
        services under this bill and years later the child was 
        again deemed at imminent risk of entry later in life, 
        this bill would allow for the state to draw down 
        prevention services under title IV-E at both points in 
        the child's and family's lives; or
           When a child is living with his or her 
        parents and is deemed as being at imminent risk of 
        entering foster care, but can remain safely at home 
        through the provision of prevention services.
    Some children come to the attention of the child welfare 
system immediately at birth, when an infant is identified as 
being affected by illegal substance abuse or withdrawal 
symptoms resulting from prenatal drug exposure, or a Fetal 
Alcohol Spectrum Disorder. Current law (the Child Abuse 
Prevention and Treatment Act or CAPTA) requires health care 
providers involved in the delivery or care of such infants to 
notify the child protective services system of the occurrence 
of such conditions. CAPTA also requires that states assure that 
they are operating programs with policies and procedures for 
the development of a plan of safe care to ensure the safety and 
well-being of such infants following their release from the 
care of healthcare providers. However, a recent investigation 
revealed many states are not in compliance with federal law, 
largely attributed to a lack of resources associated with 
CAPTA.\12\ This bill would encourage greater collaboration 
between child welfare and health care agencies by making 
substance use disorder treatment services available to parents 
when an infant is determined to be at imminent risk of entering 
foster care. Under the prevention services provided by this 
bill, states will be able to receive a federal reimbursement 
for substance abuse services for parents and infants when such 
children are deemed to be at imminent risk of entering foster 
care.
---------------------------------------------------------------------------
    \12\Wilson, Duff and Shiffman, John. Helpless & Hooked: A Reuters 
Investigation (December 2015). http://www.reuters.com/investigates/
special-report/baby-opioids/.
---------------------------------------------------------------------------
    Foster youth are at heightened risk of teenage pregnancy 
and childbearing. The Midwest Evaluation of the Adult 
Functioning of Former Foster Youth found that half (48%) of the 
young women aging out of foster care have been pregnant by age 
19 compared to only 27% of teen girls in the general 
population, and that young women aging out of foster care are 
more likely than their peers in the general population to have 
more than one pregnancy by age 19.\13\ Another recent study 
revealed that, among girls in foster care in California at age 
17, more than 1 in 4 had given birth at least once during their 
teens, and, of these women who had given birth before age 18, 
more than one-third had had a second teen birth.\14\
---------------------------------------------------------------------------
    \13\Dworsky, A., & Courtney, M. (2010). The risk of teenage 
pregnancy among transitioning foster youth: Implications for extending 
state care beyond age 18. Children and Youth Services Review, 32, 1351-
1356.
    \14\Putnam-Hornstein, E., Cederbaum, J. A., King, B., & Needell, B. 
(November 2013). California's Most Vulnerable Parents: When Maltreated 
Children Have Children. Conrad N. Hilton Foundation: Agoura Hills, CA.
---------------------------------------------------------------------------
    The Committee provided specific eligibility for prevention 
services for pregnant or parenting foster youth because these 
youth are at particularly high risk of bad outcomes affecting 
them and their children. It is also the Committee's expectation 
that many of the evidence-based interventions targeting this 
vulnerable group will involve expectant fathers.
    The Committee acknowledges that the administrative 
framework of child welfare systems varies across states. While 
the majority of states are considered state administered, a 
significant number are county administered while a select few 
operate hybrid systems. Such frameworks can pose challenges 
when states are required under titles IV-B and IV-E to submit 
statewide plans, while service design and delivery may not be 
centralized at the state level. With respect to the new 
availability of title IV-E funding for foster care prevention 
services, the Committee strongly encourages each state to 
ensure that children in all counties and regions of the state 
have access to title IV-E services that will prevent entries 
into foster care. However, it is the intent of the Committee to 
permit services to be made available under county or hybrid 
administered systems and these services need not be made 
available uniformly statewide as a requisite for federal 
funding. While new state plan requirements under Sec. 471 state 
that these new prevention services can be made available at the 
option of the state, the state may allow distinct political 
subdivisions (such as counties) to opt to provide substance 
abuse, mental health, and in-home parenting programs tailored 
to the respective subdivisions' needs and capacities.

Effective date

    The provision is effective on October 1, 2016. Title IV-E 
funding for prevention services would be available beginning 
with the first day of FY2020 (October 1, 2019).

SECTION 112: FOSTER CARE MAINTENANCE PAYMENTS FOR CHILDREN WITH PARENTS 
IN A LICENSED RESIDENTIAL FAMILY-BASED TREATMENT FACILITY FOR SUBSTANCE 
                                 ABUSE

Present law

    A child may only be eligible for title IV-E foster care 
maintenance payments if the child has been removed from the 
home of his/her parent or other related caretaker (via court 
determination that the home of the child is ``contrary to the 
welfare'' of the child or via a voluntary placement agreement), 
the child meets low income criteria (based on income of home 
the child was removed from) and the child is placed in a 
licensed foster family home or child care institution. There is 
no limit on the length of time a child may be eligible for 
title IV-E foster care maintenance payments [Sec. 472(a)(1)(B), 
(2)(C), and (3) of the Social Security Act].
    Each child in foster care must have a case plan specifying, 
among other things, the appropriateness of where the child is 
placed (lives) while in foster care [Sec. 475(1) of the Social 
Security Act].
    Children who receive title IV-E foster care maintenance 
payments are deemed low-income for purposes of determining 
Medicaid eligibility [Sec. 473(b)(3)(B) of the Social Security 
Act].

Explanation of provision

    This section would permit title IV-E foster care 
maintenance payment support, for up to 12 months, for a child 
in foster care who is placed with a parent in a licensed 
residential family-based treatment facility. To be eligible for 
these title IV-E payments, the child's placement with a parent 
in the treatment facility must be recommended in the child's 
case plan and the facility must incorporate trauma-informed 
parent education, parenting skills training, and counseling as 
part of its substance abuse treatment. No income test would 
apply for receipt of these time-limited title IV-E foster care 
maintenance payments and a child's receipt of these title IV-E 
foster care maintenance payment would not make a child eligible 
for Medicaid (under the title IV-E eligibility pathway), unless 
he or she meets low-income requirements applicable to all other 
children eligible for title IV-E foster care maintenance 
payments.

Reason for change

    These programs have been found to be highly effective in 
supporting parent-child bonding and reducing substance abuse 
relapses, but are often underutilized. This provision ensures 
that there is no financial penalty to states if family 
substance abuse treatment is deemed the most effective option.

Effective date

    The provision is effective on October 1, 2016.

    SECTION 113: IV-E PAYMENTS FOR EVIDENCE-BASED KINSHIP NAVIGATOR 
                                PROGRAMS

Present law

    Describes kinship navigator programs as supported under the 
now expired Family Connections grants [Sec. 427(a)(1) of the 
Social Security Act].

Explanation of provision

    States would be permitted to claim 50% federal 
reimbursement of the cost of providing kinship navigator 
programs provided the HHS Secretary determines the programs are 
operated in accordance with promising, supported, or well-
supported practices (as described in law with regard to foster 
care prevention activities) and that the programs: (1) 
establish information and referral links for kinship caregivers 
to other kin caregivers and support groups, eligibility and 
enrollment information for public benefits, and relevant 
training and relevant legal services; (2) are planned and 
operated in consultation with kin caregivers, youth raised by 
kin, organizations representing kin caregivers and relevant 
public and private agencies; (3) provide outreach to families 
providing kinship care; and (4) promote public and private 
partnerships to increase knowledge of the needs and kinship 
families, as well as families fostering parenting teens in 
foster care, to improve services for these families.
    A state could claim this federal support for kinship 
navigator programs provided on behalf of any child (i.e., 
without regard to title IV-E foster care maintenance payment 
eligibility or ``potential'' eligibility).

Reasons for change

    In general, children cared for by relatives experience 
increased stability, higher levels of permanency, greater 
safety, better behavioral and mental health outcomes, and are 
more likely to stay connected with siblings and communities. 
Kinship navigator programs support these kin caregivers by 
helping them access resources and supports like health care, 
housing, and income support that are necessary to meet the 
needs of the children they are raising and to meet their own 
needs as caregivers.
    Given the estimates of the number of kinship families and 
the continued growth of kinship care driven by parental drug 
and alcohol abuse, there is great need for such supports. 
According to Census data, there are an estimated 2.7 million 
grandparent-headed households where grandparents are primary 
caregivers for their grandchildren (an estimated 65% of all 
kinship care is grandparents) with less than 120,000 in more 
formal kinship foster care.\15\
---------------------------------------------------------------------------
    \15\Ellis, Renee R. and Tavia Simmons, ``Coresident Grandparents 
and Their Grandchildren: 2012,'' Current Population Reports, P20-576, 
U.S. Census Bureau, Washington, DC. 2014.
---------------------------------------------------------------------------

Effective date

    The provision is effective on October 1, 2016.

             SUBTITLE B--ENHANCED SUPPORT UNDER TITLE IV-B

    SECTION 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

Present law

    Under the Promoting Safe and Stable Families (PSSF) 
program, states receive funding that must be used to support 
four categories of services: (1) family support; (2) family 
preservation; (3) time-limited family reunification; and (4) 
adoption promotion and support services. Time-limited family 
reunification services are defined in the PSSF program as 
specific services provided to a child who has entered foster 
care within the last 15 months, and to the parent(s)/primary 
caregiver of such a child, to enable safe and timely family 
reunification [Sec. 431(7) and Sec. 432(a)(4) of the Social 
Security Act].

Explanation of provision

    This section would rename ``time-limited family 
reunification'' services provided under the PSSF program as 
``family reunification services.'' It would permit PSSF funding 
for family reunification services to be provided to a child in 
foster care (and to his or her parent(s)/ primary caregiver), 
regardless of the amount of time the child has been in foster 
care. It would also define these services to include those 
provided after a child and his/her parent(s) have been 
reunited, but only during the 15-month period that begins on 
the date the child returns home.

Reason for change

    The Committee believes the time limit on these services has 
prevented some states from using their capped PSSF funds to 
support reunification that will result in good outcomes for 
children and families. The Committee believes that by removing 
this time limit it will not delay timelines for reunification.

Effective date

    The provision is effective on October 1, 2016.

 SECTION 122: REDUCING BUREAUCRACY AND UNNECESSARY DELAYS WHEN PLACING 
                  CHILDREN IN HOMES ACROSS STATE LINES

Present law

    States operating a title IV-E program (including the 50 
states, the District of Columbia and Puerto Rico and any tribe 
operating such a title IV-E program) are required to have 
procedures to enable timely placement of children across state 
lines [Sec. 471(a)(25) of the Social Security Act].
    Section 437 of the Social Security Act authorizes 
discretionary funding for the title IV-B Promoting Safe and 
Stable Families (PSSF) and describes required reservation of a 
part of those funds for particular grants or activities. For 
purposes of the PSSF program, the term ``state'' means each of 
the 50 states and the District of Columbia, any of the five 
territories (Puerto Rico, Guam, American Samoa, U.S. Virgin 
Islands, and Northern Mariana Islands), as well as an Indian 
tribe or tribal organization (as defined in the Indian Self 
Determination and Education Act) [Sec. 431(a)(4) of the Social 
Security Act].
    A state (including the 50 states District of Columbia, and 
Puerto Rico) and any tribe that operates a title IV-E program, 
is required to conduct fingerprint-based criminal records 
checks, using Federal Bureau of Investigation (FBI) databases, 
on all prospective foster or adoptive parents and certain 
relative guardians. They must also conduct checks of state 
child abuse registries for these individuals and any adults in 
the households of those individuals (including checks of any 
state registry where any of the individuals lived in the last 
five years) [Sec. 471(a)(20) of the Social Security Act].
    Additionally, no later than September 29, 2017 any state 
(including the District of Columbia and Puerto Rico) or tribe 
operating a title IV-E foster care program must immediately (or 
in no case later than 24 hours) report information it receives 
to law enforcement authorities on children or youth identified 
as sex trafficking victims; and missing or abducted children. 
Additionally, as of September 29, 2017, these same title IV-E 
agencies must immediately report information they receive on 
missing and abducted children to the National Center for 
Missing and Exploited Children [Sec. 471(a)(34) and (35) of the 
Social Security Act].

Explanation of provision

    No later than October 1, 2026, this provision would require 
a state, territory, or tribe operating a title IV-E program, to 
include use of an electronic interstate case processing system 
as part of its procedures for timely placement of children 
across state lines.
    Additionally, this section would require HHS to reserve a 
total of $5 million in any FY2017 discretionary funding 
provided for the PSSF program. The funding, which would remain 
available for five years (FY2017-FY2021) would allow HHS to 
make grants to states, tribes, and territories that 
successfully apply. The funds would need to be used to help 
grantees connect with an interstate electronic case-processing 
system and to enable them to achieve safe and appropriate 
interstate placements for children in less time and at less 
cost. This provision would require HHS to report to Congress 
(within one year of last grant awarded for this purpose) on the 
progress made by states in achieving those purposes.
    HHS, in consultation with states and the Secretariat for 
the Interstate Compact on the Placement of Children, must 
assess how the electronic interstate case-processing system may 
be used to improve a title IV-E agency's ability to quickly 
comply with required background checks for prospective foster 
and adoptive parents and guardians, including completing checks 
of child abuse and neglect registries. It would also help 
states connect with federal and state law enforcement agencies 
and judicial agencies to better protect missing or trafficked 
children and to simplify title IV-E-agency reporting to federal 
agencies of missing and trafficked children that come to its 
attention (required as of September 29, 2016).

Reason for change

    When children in foster care cannot remain safely at home, 
they deserve to be placed in a setting that is best for them, 
regardless of whether that home is within their state or in 
another state. However, when children would do best with an 
adoptive family, relative, or foster parent in another state, 
they often must wait longer than if they stayed in the same 
state, in part due to the outdated, labor-intensive process 
many states use when transmitting information across state 
lines. When placing children across state lines, states must 
exchange multiple documents, such as court orders, case plan 
information, birth certificates and other information. In most 
states, this exchange is carried out by printing, copying, and 
mailing physical copies of documents between states--a labor 
intensive and time consuming process that keeps children from 
moving quickly into the appropriate home.
    Beginning in November 2013, five states (Florida, Indiana, 
Nevada, South Carolina, and Wisconsin) and the District of 
Columbia began a pilot project to test the National Electronic 
Interstate Compact Enterprise (NEICE), a system developed to 
aid states in exchanging data and documents between different 
jurisdictions when placing children across state lines. NEICE 
is a web-based electronic case-processing system that supports 
the administration of the Interstate Compact on the Placement 
of Children (ICPC), an agreement between states establishing 
uniform legal and administrative procedures governing the 
interstate placement of children. Pilot states saw substantial 
improvements in the process used to place children with 
adoptive parents, relatives, or foster parents in another 
state. A final evaluation of the pilot project found the 
electronic system produced the following outcomes:
           Children are placed in the right homes more 
        quickly: On average, states using this electronic 
        system reduced the time it takes to place a child in a 
        home in another state by over 30%. This means children 
        waited on average one and a half months less to be 
        placed in the right home.
           Child welfare caseworkers spend less time on 
        paperwork: A survey of states participating in the 
        pilot showed states could reduce the time they spend on 
        the placement process by 10%.
           States eliminate mailing and printing costs 
        by using the electronic system:
    States could realize significant savings by switching from 
a paper-based process to an electronic process. Based on 
estimates from pilot states, states spend more than $1.6 
million annually on copying and mailing of documents related to 
cases in which children are placed in another state.\16\
---------------------------------------------------------------------------
    \16\Supporting Permanent Placements of Children in Foster Care 
Through Electronic Records Exchange: National Electronic Interstate 
Compact Enterprise (NEICE), Final Evaluation Report. June 29, 2015. 
Available online: http://www.aphsa.org/content/AAICPC/en/actions/
NEICE.html.
---------------------------------------------------------------------------
    Children should not spend extra weeks waiting to be placed 
in the appropriate home simply because of an antiquated process 
used to exchange information across state lines. To address 
this problem, this section requires states to connect to this 
electronic case-processing system to reduce the amount of time 
children wait to be adopted, placed with relatives, or placed 
with foster parents when they are going to a home in another 
state. This section would also provide states with funding to 
connect to this system more quickly, and HHS would evaluate the 
impacts of states' use of this system to determine how it has 
improved the process of placing children in homes across state 
lines.

Effective date

    The provision is effective on October 1, 2016.

 SECTION 123: ENHANCEMENTS TO GRANTS TO IMPROVE WELL-BEING OF FAMILIES 
                      AFFECTED BY SUBSTANCE ABUSE

Present law

    This section authorizes ``Targeted Grants to Increase the 
Well-Being of, and to Improve the Permanency Outcomes for, 
Children Affected by Substance Abuse.'' In each of FY2012-
FY2016, HHS was required to award grants to public and/or 
private agencies that establish collaborative partnerships for 
services and supports designed to improve outcomes for children 
in, or at risk of, placement in foster care because of parental 
substance abuse [Sec. 437(f) and (f)(3)(A) of the Social 
Security Act].
    This section defines ``regional partnership'' as a 
collaborative agreement, established on an intrastate or 
interstate basis, between two or more public or private 
entities and individuals, including--child welfare agencies and 
providers, substance abuse prevention and treatment agencies 
and providers, community health and mental health services 
providers, courts, judges, law enforcement agencies, and school 
personnel.
    This section stipulates that the state child welfare agency 
must be a partner in every regional partnership formed, unless 
the partnership includes an Indian tribe or tribal consortium 
(in which case participation of state child welfare agency is 
optional). It also stipulates that a regional partnership may 
not consist solely of the state child welfare agency and the 
state agency that administers the substance abuse prevention 
and treatment services block grant [Sec. 437(f)(2) of the 
Social Security Act].
    Out of funds reserved for these grants in each of FY2012-
FY2016, HHS is required to make grants to regional 
partnerships. No annual amount awarded to a regional 
partnership may be less than $500,000 nor more than $1,000,000 
[Sec. 437(f)(2) of the Social Security Act]. Grants to regional 
partnership must be awarded for an expected period of no less 
than two years and no more than five years. However, a grantee 
may request a two-year extension of the initial grant period, 
which would provide payments for a maximum of 7 years. 
Additionally, a regional partnership may seek more than one 
grant [Sec. 436(f)(3) of the Social Security Act].
    To be eligible for a grant, a regional partnership must 
submit a written application to HHS that meets specific 
applications requirements [Sec. 437(f)(4) of the Social 
Security Act]. In awarding the grants on a competitive basis, 
HHS must take into consideration certain factors [Sec. 
437(f)(7) of the Social Security Act].
    Regional Partnership Grant (RPG) funds may be used for 
family-based comprehensive long-term substance abuse treatment 
services, early intervention and prevention services, child and 
family counseling, mental health services, parenting skills 
training, replication of successful models for providing 
family-based comprehensive long-term substance abuse treatment 
services [Sec. 437(f)(5) of the Social Security Act].
    This section required the HHS Secretary to establish 
indicators to assess the performance of regional partnerships. 
In establishing the indicators, the HHS Secretary was required 
to consult the Assistant Secretary for the Administration for 
Children and Families and the Administrator of the Substance 
Abuse and Mental Health Services Administration, as well as 
with certain state and tribal representatives [Sec. 437(f)(8) 
of the Social Security Act]. Regional partnership grantees must 
submit annual reports to the HHS Secretary regarding the 
services provided and activities carried out with the grant 
funds [Sec. 437(f)(9) of the Social Security Act].
    In each of FY012-FY2016, the HHS Secretary was permitted to 
use no more than 5% of funds reserved or made available for the 
RPGs for expenses related to administering the grants, 
including salaries.

Explanation of provision

    This section would require HHS to continue to award these 
competitive RPG funds for five years (FY2017-FY2021). The 
section heading would be changed to ``Targeted Grants to 
Implement IV-E Prevention Services, Improve the Well-Being of, 
and Improve Permanency Outcomes for, Children and Families 
Affected by Heroin, Opioids and Other Substance Abuse'' to 
suggest use of RPGs to address needs of children and families 
affected by heroin and opioid substance use disorders, to help 
implement effective title IV-E prevention services, and to 
focus on improved outcomes for families, including children and 
their parents.
    This section would stipulate that partnerships may be 
established on a statewide basis and it would remove the 
prohibition on state-agency only partnerships. This section 
would maintain all current law entities or individuals listed 
as optional partners.
    It would also require that in addition to the state child 
welfare agency, every funded partnership must include the state 
agency that administers the federal substance abuse prevention 
and treatment block grant. Further, if the partnership intends 
to serve children placed in out-of-home care, the court (or 
administrative office of the court) that handles child abuse 
and neglect proceedings in the region must also be a partner. 
Partnerships led by a tribe or tribal entity may include tribal 
court entities in place of other judicial representatives in 
the collaboration and, as with current law, would be permitted, 
but not required, to include the state child welfare agency.
    Grants would continue to be made for no more than five 
years (with the possibility of a two-year extension for a total 
of seven years). However, this section would stipulate that 
grant funding must be dispersed in two phases: planning (no 
more than two years total) and implementation. Further, it 
would provide that an annual award of federal RPG funds to a 
grantee may not be more than $1,000,000 nor less than $250,000 
(except that a grantee could not receive more than $250,000 
across its total planning phase). Additionally, in any fiscal 
year, a grantee could not be awarded funding until HHS 
determined that the sufficient progress was being made toward 
meeting project goals and members of the partnership were 
coordinating to a ``reasonable degree.''
    This section would revise RPG application requirements to 
ensure that the regional partnerships intend to focus on 
improving the well-being of families as a whole (children and 
parents) and to facilitate implementation of evidence-based 
prevention services under title IV-E. Applicants would also be 
required to describe how they intend to sustain the work of the 
partnership after the end of RPG funding, including through use 
of title IV-E prevention services. Further it would permit HHS 
to require applicants to provide other information, as needed, 
to determine that activities are planned and implemented 
consistent with evidence-based practices. The section would 
instruct HHS when making these competitive awards to consider 
if the applicant partnership has a track record of successful 
collaboration among child welfare, substance abuse disorder 
treatment and mental health agencies.
    This section would also maintain the ability of RPGs to use 
funds for each of these services or activities, including for 
long-term substance use disorder treatment and would stipulate 
that this may include medication-assisted treatment and in-home 
treatment and recovery.
    After reviewing current performance indicators and lessons 
learned from prior rounds of RPG awards and after consulting 
with ACF, SAMHSA and stakeholders, the HHS Secretary would be 
required to establish a set of core performance indicators 
(related to child safety, parental recovery and parenting 
capacity, and family well-being) to assess grantee performance.
    Additionally, regional partnership grantees would be 
required to provide semi-annual reports to HHS that include 
information on the services and activities carried out with the 
funding, including the number of children, adults, and families 
served, progress made toward meeting program goals, and other 
information as determined necessary by HHS, including data on 
performance indicators included in a grantee's evaluation.
    Finally, this section would continue this limitation on use 
of grant funds for administrative expenses (no more than 5%) 
for each of FY2017-FY2021.

Reason for change

    Research and practical experience have long demonstrated 
the prevalence of parental substance use disorders among 
families in the child welfare system. Historically, a lack of 
coordination and collaboration has hindered the ability of 
child welfare, substance use disorder treatment, and family/
dependency court systems to fully support these families. As 
families involved with child welfare have complex needs, 
improving outcomes for parents and children requires a 
coordinated effort among systems.
    Past studies have shown that between 60 and 80% of 
substantiated child abuse and neglect cases involve substance 
use by a custodial parent or guardian.\17\ A recent summary of 
research shows great variation in estimates of substantiated 
child abuse and neglect cases involving substance use by a 
custodial parent or guardian, with some regional prevalence 
estimates being higher than national estimates.\18\ Sixty-one 
percent of infants and 41% of older children involved in the 
child welfare system have at least one parent who is using 
drugs or alcohol.\19\ These parents are often unable to provide 
a stable, nurturing home environment, they have a low 
likelihood of successful reunification with their children, and 
their children tend to stay longer in the foster care system 
than the children of parents without substance use 
disorders.20}21}22
---------------------------------------------------------------------------
    \17\Young, N., Boles, S., & Otero, C. (2007). Parental substance 
use disorders and child maltreatment: Overlap, gaps, and opportunities. 
Child Maltreatment, 12, 137-149. doi: 10.1177/1077559507300322.
    \18\Seay, K. (2015). How many families in child welfare services 
are affected by parental substance use disorders? A common question 
that remains unanswered. Child Welfare, 94, 19-51.
    \19\Wulczyn, F., Ernst, M., & Fisher, P. (2011). Who are the 
children in out-of-home care? An epidemiological and developmental 
snapshot. Chicago: Chapin Hall at the University of Chicago. Retrieved 
from http://www.chapinhall.org/sites/default/files/publications/
06_08_11_Issue%20Brief_F_1.pdf.
    \20\Kaplan, C., Schene, P., De Panfilis, D., & Gilmore, D. (2009). 
Shining light on chronic neglect. Protecting Children, 24, 1-7.
    21Gregoire, K.A., & Schultz, D.J. (2001). Substance-
abusing and child welfare parents: Treatment and child placement 
outcomes. Child Welfare, 80, 433-452.
    22Brook, J., & McDonald, T. (2010). The impact of 
parental substance abuse on the stability of family reunifications from 
foster care. Child and Youth Services Review, 31, 193-198. doi: 
10.1016/j.childyouth.2008.07.010.
---------------------------------------------------------------------------
    The Committee believes that these realities make it 
imperative that child welfare service agencies, substance use 
disorder treatment providers, courts, and community partners 
work together to address the needs of parents to prevent 
placement, reunify with their children, or potentially play 
another supportive role in their child's life. Identifying and 
addressing the needs of the children is equally important and 
requires strong partnerships with public and community-based 
service providers. For these reasons, the Committee is taking 
key steps to ensure states have permanent, dedicated funding 
under title IV-E of the Social Security Act for services to 
keep children safely with families, including substance abuse 
treatment. The reauthorization of the Regional Partnership 
Grants included in this bill is meant to help states and tribes 
plan for the new option to use title IV-E to fund evidence-
based prevention services including substance abuse treatment.
    Past phases of RPGs can be used to improve the grant-making 
process in the future, including lessons on the value of 
providing technical assistance to the grantees, conducting an 
annual in-person training meeting and annual grantee meeting 
designed to share information and advance practice among 
grantees. The Administration for Children and Families (ACF) 
should prioritize state-level grants. Of particular importance 
is the need for ACF to make grants using two phases a planning 
phase and an implementation phase and it is the Committee's 
intent that ACF distribute grants in such a manner to ensure 
grantees are making sufficient progress in regard to building 
their partnership, providing services to families, and 
improving safety, permanency well-being, and recovery outcomes. 
With respect to the planning phase of the grant, ACF should 
solicit and take into consideration information on what the 
grantee's plans are related to:
           Establishing standardized screening 
        protocols, or other methods to identify families in 
        need of substance use disorder prevention and treatment 
        services including infants identified with prenatal 
        substance exposure;
           Ensuring early access to assessment and 
        treatment services such as securing expert consultation 
        on cases involving substance use disorders, conducting 
        outreach and methods to engage and retain parents in 
        treatment, and providing priority access to assessment 
        and treatment of families in the child welfare system;
           Increasing management and treatment of 
        recovery services and monitoring compliance such as co-
        location of services, specialized recovery case 
        management services, and ensuring comprehensive 
        treatment programs tailored to individual parent and 
        child needs;
           Ensuring access to family centered services, 
        including effective evidence-based parenting programs 
        focused on enhancing the parent and child relationship 
        and the prevention needs of children;
           Ensuring appropriate judicial oversight 
        including providing more frequent judicial or 
        administrative reviews of treatment progress and 
        compliance with case plans regarding participation in 
        substance use disorder treatment;
           Having a system for appropriate response to 
        behavior of participants, such as evidence-based 
        contingency management approaches using appropriate 
        incentives and sanctions;
           Improving collaboration between courts and 
        child welfare and substance use disorder treatment 
        agencies providing services to families with substance 
        use disorders;
           Identifying infants with prenatal substance 
        exposure, a description of any special efforts to 
        identify and assess the extent of the problem and any 
        joint activities between two or more members of the 
        eligible partnership that focus specifically on the 
        needs of such infants, such as efforts to monitor and 
        reduce infant fatalities among families affected by 
        parental substance use disorders; and
           Sustaining the services provided by or 
        activities funded under the grant after the conclusion 
        of the grant period, including through the use of other 
        funds provided to the state for child welfare and 
        substance abuse prevention and treatment services.
    With respect to the implementation phase of the grant, ACF 
should solicit a description of the grantee plans to use any 
funds to address comprehensively and in a timely manner the 
needs of families with substance use disorders by building 
collaborative approaches including:
           Cross training of staff, data collection and 
        information sharing such as arrangements for addressing 
        confidentiality of records;
           Identification of funding barriers and 
        sustainability plans for services and activities after 
        the conclusion of the grant period;
           In the case of a partnership grant in which 
        the state agency is the lead, expanding the number of 
        jurisdictions in the state where the activities under 
        the plan will be implemented, the plans for expanding 
        the percentage of families in need who receive these 
        services during the implementation phase of the grant, 
        and the methods to measure progress toward these goals; 
        and
           Measuring the performance of the state 
        agencies in implementing the plan in accordance with 
        performance and evaluation requirements established by 
        the Secretary.
    With respect to performance indicators, the Secretary 
should review the established performance indicators and 
knowledge gained from other grant programs to establish a set 
of core indicators, which may include the following:
           Safety, including whether children remain at 
        home and any re-occurrence of child maltreatment;
           Permanency, including the average length of 
        stay in foster care, re-entries to out-of-home 
        placement, timeliness of reunification, and timeliness 
        of permanency;
           Recovery, including access to treatment, 
        retention in and completion of substance use disorder 
        treatment, substance use; and
           Child, adult, and family well-being, 
        including parenting capacity, family relationships and 
        functioning.
    When assessing the performance of grant recipients the 
Committee believes the Secretary should consider:
           Using each of the core indicators outlined 
        above and any other performance indicators the 
        Secretary considers appropriate;
           Whenever possible, using existing data 
        systems;
           Using appropriate comparison groups to 
        analyze outcomes; and
           Assisting grantees in establishing and 
        analyzing performance indicators to ensure local 
        capacity to change practice and policy based on 
        outcomes achieved.

Effective date

    The provision is effective on October 1, 2016.

                       SUBTITLE C--MISCELLANEOUS

SECTION 131: REVIEWING AND IMPROVING LICENSING STANDARDS FOR PLACEMENT 
                      IN A RELATIVE FOSTER FAMILY

Present law

    States are required to set and maintain licensing standards 
for foster family homes and child care institutions. They are 
generally free to set these standards as they choose so far as 
the standards are ``reasonably in accord'' with standards 
recommended by relevant national organizations with regard to 
admission policies, safety, sanitation, and protection of civil 
rights, and provided they permit the use of the ``reasonable 
and prudent parenting standard,'' defined in federal law [Sec. 
471(a)(10) of the Social Security Act].
    States must generally apply the same licensing standard to 
any foster family receiving child welfare support, although, on 
a case-by-case basis, they may choose to waive ``non-safety'' 
standards (e.g. size of bedroom) for a child placed in a 
relative foster family home [Sec. 471(a)(10)(D) of the Social 
Security Act].

Explanation of provision

    This section would require HHS to identify reputable model 
standards for licensing foster family homes not later than 
October 1, 2017. No later than April 1, 2018 each state would 
be required to submit information to HHS on whether its own 
licensing standards are fully consistent with the model 
standards identified by HHS, and, if not, why this 
inconsistency is appropriate for the state.
    No later than April 1, 2018, each state would also be 
required to submit information to HHS on whether it uses this 
authority to waive non-safety standards for relative foster 
family caregivers. If a state does not use this authority, it 
would be required to give the reasons why this is the case. If 
the state does use this waiver authority, it would need to 
indicate which standards are most often waived and whether the 
state has developed a process or has provided tools to assist 
caseworkers in using this waiver authority. It would further 
need to describe how caseworkers are trained in using this 
waiver authority, including any steps taken to improve the 
training on the waiver process.

Reason for change

    Under current law, states can waive non-safety licensing 
standards when placing children with relatives. However, states 
do not appear to be taking full advantage of this provision in 
the law. The Committee understands caseworkers may not be 
appropriately trained regarding their ability to waive certain 
standards when licensing relatives, and that this has resulted 
in delays in placing children in these families. This provision 
would ensure states take proactive steps to speed the process 
of licensing relatives, that they follow model standards for 
these placements (or explain why they deviate from these 
standards), and that they provide appropriate tools to 
caseworkers to simplify the process so more children can live 
safely with family members when they cannot stay in their own 
home.

Effective date

    The provision is effective upon enactment.

SECTION 132: DEVELOPMENT OF A STATEWIDE PLAN TO PREVENT CHILD ABUSE AND 
                           NEGLECT FATALITIES

Present law

    Beginning in 2012, and as part of meeting the requirements 
to receive federal funding under the title IV-B Child Welfare 
Services (CWS) program, state child welfare agencies were 
required to describe for HHS the sources of information they 
used to compile data on child maltreatment deaths. Further, if 
the compilation did not include information on child 
maltreatment deaths from the state vital statistics department, 
child death review teams, law enforcement agencies, or offices 
of medical examiners or coroners, the state child welfare 
agency was required to describe why this information was not 
included and how the state would include it [Sec. 422(b)(19) of 
the Social Security Act].

Explanation of provision

    This section would rewrite this CWS state plan requirement 
to require the state child welfare agency to document the steps 
it takes to track and prevent child maltreatment deaths, by 
describing: (1) how it compiles complete and accurate 
information on child maltreatment deaths by gathering 
information from relevant organizations in the state (including 
state vital statistics department, child death review teams, 
law enforcement agencies, or offices of medical examiners or 
coroners); and (2) how it has developed and implemented a 
comprehensive, statewide plan to prevent child maltreatment 
fatalities, that involves and engages public health and law 
enforcement agencies, the courts, and other relevant public and 
private agency partners in the state.

Reason for change

    Under Public Law 112-275, the ``Protect Our Kids Act of 
2012'', Congress established a Commission to End Child Abuse 
and Neglect Fatalities. Earlier this year, the Commission 
published its recommendations. Section 132 of this bill was 
added in response to Recommendation 5.2 of the report, which 
suggested Congress legislate a state plan requirement under 
title IV-B related to abuse and neglect fatalities. 
Specifically, recommendation 5.2a states that:
          Through legislation, Congress should require states 
        to develop and implement a coordinated, integrated, and 
        comprehensive state plan to prevent child maltreatment 
        fatalities. The state fatality prevention plan should 
        specify how the state is targeting resources to reach 
        children at highest risk for fatalities, as identified 
        by the state's data mining effort (as described in 
        Chapter 2).
          Legislation should specify certain safety benchmarks, 
        and all state plans should address common risk factors 
        for child abuse and neglect fatalities, but legislation 
        should allow states local flexibility in designing 
        their plans to best meet the unique needs of their 
        population and build on resources already in place. 
        States should be directed to utilize evidence-based 
        strategies and be responsible for evaluating their 
        effectiveness. The federal government could provide 
        targeted funds to spur innovation and to help states 
        test and evaluate their strategies. State child 
        fatality prevention plans should take a comprehensive, 
        early intervention approach, with CPS being one of 
        multiple key partners. Core components of state plans 
        should include the following:
                  1. Data. The plan's action strategy must be 
                driven by data (including state needs 
                assessments and cross-system data sharing). 
                Data tracking must include the following:
                          a. Use of three or more data sources 
                        in tracking fatalities and life-
                        threatening injuries
                          b. Identification of the ZIP codes 
                        and/or census tracks with high rates of 
                        child abuse and neglect fatalities and 
                        life-threatening injuries
                  2. Partners. The state must have a plan to 
                engage public-private partners, community 
                organizations, faith-based communities, and 
                families. For example, if parental substance 
                use is identified as a significant risk factor 
                for fatality, the plan should reflect 
                coordination and shared accountability between 
                CPS and the state's substance abuse services.
                  3. Clear interagency roles and 
                responsibilities. The plan should reflect clear 
                and effective programmatic coordination to 
                address risk factors identified through data 
                mining. The plan also may include requests for 
                flexibility in relevant funding streams to 
                better address documented needs.
                  4. Recommendations from fatality reviews and 
                life-threatening injury reviews. Reviews of 
                child maltreatment fatalities and life-
                threatening injuries will be the basis for 
                recommendations and for establishing cross-
                system priorities for correcting problems 
                identified and achieving progress toward these 
                priorities.
          State public health agencies (including title V 
        programs) should be required through their federal 
        authorizing legislation to assist state child welfare 
        agencies in identifying children most at risk of 
        maltreatment and contribute to the development of the 
        plan for addressing their needs. This plan should be 
        shared with the state court and included in training 
        programs for state court improvement directors using 
        funds already provided under the Court Improvement 
        Program. Congress should direct HHS to provide 
        technical assistance to states in identifying children 
        at greatest risk for child abuse and neglect fatalities 
        and provide training resources.
    While this legislation would only require states to include 
a description of the steps it is taking to develop and 
implement a comprehensive, statewide plan to prevent child 
fatalities that involves and engages relevant public and 
private agency partners, it is the intent of the Committee that 
states look to the recommendations of the Commission to End 
Child Abuse and Neglect Fatalities in carrying out this new 
state plan requirement.

Effective date

    The provision is effective on October 1, 2016.

      SECTION 133: MODERNIZING THE TITLE AND PURPOSE OF TITLE IV-E

Present law

    Title IV-E is formally headed in the statute as ``Federal 
Payments for Foster Care and Adoption Assistance'' and the 
purposes of the program funding are described as for foster 
care maintenance payments and adoption assistance for children 
with special needs (described as available as of October 1, 
1980), and for independent living services for youth expected 
to age out of care or those who have aged out of care. Since 
October 2008, states and tribes that opt to do so may also use 
title IV-E funds to provide kinship guardianship assistance to 
eligible children.

Explanation of provision

    This section would change the formal heading of title IV-E 
to ``Federal Payments for Foster Care, Prevention, and 
Permanency,'' to reflect the authorization of title IV-E 
prevention services and programs, included in this bill, as 
well as the multiple forms of permanency support currently 
available under title IV-E (i.e., adoption assistance and 
kinship guardianship assistance).
    Consistent with these changes, this section would amend the 
purposes of the funding authority to include the currently 
authorized kinship guardianship assistance and to add the 
foster care prevention services, programs and assistance that 
would be authorized in this bill. This provision would strike 
the reference to October 1, 1980.

Reason for change

    This change to the title is needed to reflect the updated 
purpose of title IV-E of the Social Security Act, which is to 
not only support foster care and adoption, but also to prevent 
the need to place children in foster care, as well as ensure 
children find permanent homes.

Effective date

    The provision is effective upon enactment.

                      SECTION 134: EFFECTIVE DATES

Present law

    No provision.

Explanation of provision

    Most provisions in this title would generally be effective 
on October 1, 2016 (FY2017), including the provisions related 
to title IV-E support for evidence-based kinship navigator 
programs; title IV-E foster care maintenance payments for 
children placed with a parent(s) in a licensed residential 
family-based treatment center; the change in definition and 
name of the title IV-B PSSF service category now known as 
``time-limited family reunification services;'' authorization 
of grants related to the electronic interstate case-processing 
system; revisions to the Regional Partnership Grants; and 
development of a statewide plan to prevent child abuse and 
neglect.
    Although the provisions related to title IV-E prevention 
services and programs would also be enacted into law as of 
October 1, 2016, the bill stipulates that no title IV-E funding 
for those services or programs would be available before 
October 1, 2019 (FY2020). Similarly, while the requirement for 
states to include use of an electronic interstate case-
processing system in their timely interstate placement 
procedures would be included in the law as of October 1, 2016, 
the bill would stipulate that this requirement does not need to 
be met until October 1, 2026 (FY2027).
    Further, the conforming changes to the title IV-E purpose 
and heading are effective on date of the bill's enactment, as 
are the amendments related to national model licensing 
standards for foster family homes. However, the provision 
related to licensing standards stipulate later required (i.e., 
HHS to identify reputable model licensing standards no later 
than October 1, 2017 and states to respond as of April 1, 
2018).
    Finally, if the HHS Secretary determines that a state must 
enact legislation (other than appropriations) to come into 
compliance with any new title IV-B or title IV-E requirement in 
this title, then the state would not need to meet the 
requirement until the first day of the first calendar quarter 
that occurs after the close of the first state legislative 
session that begins after date of enactment of the Family First 
Prevention Services Act of 2016. Further, if the HHS Secretary 
determines that a tribe requires time to take actions necessary 
to comply with any of the new title IV-E or title IV-B 
requirements, the Secretary must provide the tribe with the 
additional time needed (amount determined by HHS) to meet these 
requirements.

Reason for change

    This section sets the effective date of the provisions in 
title I, as well provides states and tribes with the time 
necessary to make conforming changes to their laws as a result 
of this title.

Effective date

    The provision is effective upon enactment.

Title II--Ensuring the Necessity of a Placement that is Not in a Foster 
                              Family Home


    SECTION 201: LIMITATION ON FEDERAL FINANCIAL PARTICIPATION FOR 
             PLACEMENTS THAT ARE NOT IN FOSTER FAMILY HOMES

Present law

    A child may be eligible for title IV-E foster care 
maintenance payments if the child is placed in a foster family 
home or a child-care institution [Sec. 472(a)(2)(C) of the 
Social Security Act].
    For purposes of the title IV-E foster care program, a 
foster family home is defined as a home for children that meets 
the licensing or approval standards for such homes established 
by the state (or tribe) where it is located [Sec. 472(c) of the 
Social Security Act].
    A child care institution is defined, generally, as an 
institution that provides foster care and meets the licensing 
or approval standards for such institutions established by the 
state (or tribe where it is located). However, if a child in 
foster care is at least 18 years of age, he or she may be 
placed in a supervised independent living setting that meets 
standards established by the HHS Secretary (and does not have 
to meet state licensing rules). Additionally, a child care 
institution may be a private or public institution, but if it 
is a public institution, it may not house more than 25 
children. Finally, the term child care institution must never 
include detention facilities, forestry camps, training schools, 
or any facility operated primarily for the detention of 
children determined to be delinquent [Sec. 472(c) of the Social 
Security Act].
    The highest court in each state operating a title IV-E 
program may apply for Court Improvement Program (CIP) funding 
to improve how courts in the state handle child abuse and 
neglect cases, including carrying out responsibilities under 
state laws that implement title IV-E program requirements [Sec. 
438 of the Social Security Act]. In order to be eligible for 
title IV-E foster care support, the placement setting for a 
child in foster care must be determined by the state child 
welfare agency. [Sec. 472(a)(2)(B) of the Social Security Act]. 
A court may disapprove a placement and may recommend a setting, 
but the placement determination must be made by the title IV-E 
agency [45 CFR 1356.21 (g)(3)].

Explanation of provision

    Under this section, title IV-E foster care maintenance 
payment support would not be available for more than two weeks 
for an otherwise eligible child who is placed in a setting that 
is not a foster family home, unless the placement setting is 
a--
           ``Qualified residential treatment program'' 
        (provided additional requirements are met);
           Setting specializing in providing prenatal, 
        postpartum, or parenting supports for youth;
           Supervised independent living setting 
        (provided the child was at least 18 years of age); or
           Licensed residential family-based treatment 
        center (provided the child was placed with the parent 
        and had not been in this setting for more than 12 
        months).
    For an otherwise title IV-E eligible child placed in a 
qualified residential treatment center, title IV-E foster care 
maintenance payment support would not be available unless 
within 30 days of that placement a trained professional or 
licensed clinician (who is a ``qualified individual'') has 
assessed the child's strengths and needs and determined the 
appropriateness of the placement.
    Title IV-E foster care maintenance payments would remain 
available to an otherwise eligible child for the time it takes 
to transition a child from a qualified residential treatment 
program to a different placement, of for 30 days, whichever is 
shorter. This includes placement setting transitions that must 
occur if an assessment finds that the program is not an 
appropriate placement for the child, or a court disapproves of 
the placement, or the child is found ready to move to a family 
setting (including biological, relative/kin, adoptive, or 
foster).
    Under this section, a ``qualified residential treatment 
program'' means a program that meets all the following 
requirements:
           Has a trauma-informed treatment model 
        designed to appropriately address the clinical or other 
        needs of children with serious emotional or behavioral 
        disorders or disturbances and is able to implement the 
        specific treatment identified as necessary for a child 
        placed in the program.
           Has registered or licensed nursing and other 
        licensed clinical staff onsite during business hours, 
        available 24/7, and who provide care within the scope 
        of their practice (as defined by state law).
           Facilitates outreach to the child's family 
        members and their participation in the child's 
        treatment program to the extent appropriate and in the 
        child's best interest, documents how this is done (and 
        how sibling connections are maintained), and maintains 
        contact information for biological family and fictive 
        kin of the child;
           Provides discharge planning and family-based 
        after-care supports for at least six months after the 
        child is discharged from the program, and continues 
        during this period to integrate family members in the 
        treatment program as appropriate.
           Is licensed in accordance with the state 
        standards for child-care institutions providing foster 
        care and accredited by any of the following agencies: 
        the Council on Accreditation, the Joint Commission on 
        Accreditation of Healthcare Organizations; the 
        Commission on Accreditation of Rehabilitative 
        Facilities; and any other independent, not-for-profit 
        accrediting organization approved by the HHS Secretary.
    This section would additionally stipulate that a foster 
family home must be the home of an individual or family 
providing 24-hour substitute care for not more than six 
children placed in out-of-home care. States would be permitted 
to place more than six children in a foster family home to 
allow any of the following: a pregnant or parenting youth in 
foster care to remain with his or her child; siblings to remain 
together; a child with an established meaningful relationship 
with the family to remain with the family; or a family with 
special training or skills to provide care to a child with a 
severe disability. Finally, it would require that the 
individual must reside in the home with the children who are in 
foster care, and must be licensed or approved as a foster 
parent by the state, including being deemed capable by the 
state of adhering to the ``reasonable and prudent parent 
standard.'' (The home may be rented or owned.)
    Additionally, this section would rewrite and re-organize 
the definition of a child care institution without making 
substantive changes.
    As a condition of eligibility for Court Improvement Program 
funds, this section would require a highest state court to 
provide training for judges, attorneys and other relevant legal 
personnel on federal child welfare policies and payment 
limitations with respect to placement of foster children in 
settings other than foster family homes.
    Finally, this section would require a title IV-E agency 
(including the public child welfare agency in the 50 states, 
the District of Columbia, Puerto Rico, and any tribe with an 
approved title IV-E plan) to certify that it will not enact or 
advance policies or practices that lead to a significant 
increase in the number of children in the state's juvenile 
justice system as a response to the limitations added by this 
bill on title IV-E support for foster children placed in non-
foster family home settings.
    Not later than December 31, 2023 the Government 
Accountability Office would be required to submit to Congress a 
report on the effect, if any, of limiting title IV-E support 
for children not in foster family homes and of this evaluation, 
including how often children who subject to both child welfare 
and juvenile justice oversight (``dually adjudicated'') are 
placed in juvenile justice settings and whether a lack of 
funded congregate care placements under the child welfare 
system contributes to this outcome.

SECTION 202: ASSESSMENT AND DOCUMENTATION OF THE NEED FOR PLACEMENT IN 
               A QUALIFIED RESIDENTIAL TREATMENT PROGRAM

Present law

    For each child in foster care the state must follow a set 
of defined case review procedures [Sec. 471(a)(16) and Sec. 
422(b)(8)(A)(ii) of the Social Security Act]. Among these, the 
state must develop a written case plan for each child in care 
that is designed to achieve the child's placement in a safe 
setting that is the least restrictive (most family-like) and 
most appropriate setting available consistent with the best 
interests and special needs of the child [Sec. 475(5)(A) of the 
Social Security Act]. Further, each child's status in foster 
care must be reviewed administratively no less often than every 
six months [Sec. 475(5)(B) of the Social Security Act], and a 
judge (or court-appointed body) must review the permanency plan 
for each child in foster care at least once every 12 months 
[Sec. 475(5)(C) of the Social Security Act]. Any child who is 
age 14 or older may select as many as two individuals to be a 
part of his/her permanency planning team [Sec. 475(5)(C)(iv) of 
the Social Security Act].

Explanation of provision

    For any child placed in a ``qualified residential treatment 
program,'' this provision would require states to have 
additional case review procedures as follows:
           Assessment and Determination by Qualified 
        Individual Within 30 days of Placement
    This section would require that, within 30 days of the 
child's placement in a qualified residential treatment program, 
a ``qualified individual,'' working in conjunction with a 
state-assembled ``family and permanency team,'' will assess the 
child's strengths and needs; determine what type of placement 
is the least restrictive and most appropriate for the child; 
and develop specific short- and long-term mental and behavioral 
health goals for the child. If the assessment finds that 
placement in a foster family home is not appropriate, the 
qualified individual must write down, the reasons why the 
child's needs cannot be met in the child's family or in a 
foster family home (a lack or shortage of foster family homes 
may not be an acceptable reason) and why the qualified 
residential treatment program will provide the most appropriate 
care.
    A ``qualified individual'' would be defined as a trained 
professional or licensed clinician who is not an employee of 
the state child welfare agency and is not connected to, or 
affiliated with any placement setting in which children are 
placed by the state. However, the HHS Secretary would be 
permitted to waive these requirements if an individual is a 
trained professional or licensed clinician and the state 
certifies (in accordance with criteria established by the HHS 
Secretary) the individual will maintain objectivity when 
determining the most effective and appropriate placement for a 
child.
           Assemble a ``Family and Permanency Team'' to 
        Work with the Qualified Individual on Placement 
        Assessment
    This section would document in the child's case plan: 1) 
its good faith efforts assemble the ``family and permanency'' 
team consisting of biological family members, kin of the child, 
and other individuals who are resources to the child's family, 
(e.g., teachers, or clergy); 2) contact information for family 
members, relatives and fictive kin; 3) evidence that the 
determination about placement appropriateness made by the 
qualified individual was done in conjunction with the family 
and permanency team; and 4) if placement setting determination 
is different the determination made by the ``qualified 
individual,'' the reasons why the team and child's preferences 
were not recommended. If the youth is at least 14 years of age, 
the family and permanency team must include individuals 
selected by youth to be a part of his/her permanency team.
           Court Approval or Disapproval of Placement 
        Determination within 60 days of Placement
    This section would ensure that within 60 days of the start 
of a child's placement in a qualified residential treatment 
program a court (or administrative body appointed or approved 
by the court) will: 1) consider the assessment, determination 
and documentation made by the qualified individual; 2) 
determine if a child's needs can be met in a family foster home 
or, if not, whether the qualified residential treatment program 
where the child is placed is most appropriate to the child's 
mental and behavioral health goals; and 3) approve or 
disapprove the placement setting.
           Ongoing Review of Placement Setting Decision 
        by State Agency
    At each status review and permanency hearing held for the 
child while he/she is placed in a qualified residential 
treatment program, the state child welfare agency must: 1) 
submit evidence that ongoing assessment determines placement in 
the qualified residential treatment center remains appropriate 
to the child's goals; 2) document its efforts to prepare the 
child to move to a family setting (including home of biological 
parents, kin, adoptive parents, guardians, or foster parents); 
and 3) document the specific treatment or service needs that 
will be met for the child in that setting and the length of 
time the child is expected to need this treatment or services.
           Additional Oversight for Stays Beyond 
        Specified Time Periods
    For a child 12 years of age or younger who is placed in a 
qualified residential treatment program for six consecutive or 
nonconsecutive months or for a child of any age in such a 
placement setting for 12 consecutive (or 18 nonconsecutive) 
months, submit to the HHS Secretary the most recent evidence, 
as prepared for a status or permanency hearing, regarding 
ongoing appropriateness of the placement setting and the signed 
approval of the state child welfare agency head for the child's 
continued placement in the setting.

       SECTION 203: PROTOCOLS TO PREVENT INAPPROPRIATE DIAGNOSES

Present law

    Under the title IV-B Child Welfare Services program, each 
state must develop a health oversight plan to ensure a 
coordinated strategy to meet the health needs of children in 
foster care [Sec. 422(b)(15) of the Social Security Act].

Explanation of provision

    This section would require states to include in this plan 
the state's established procedures to ensure children are not 
inappropriately placed in a non-family setting, due to an 
inappropriate diagnosis of mental illness, behavioral 
disorders, medically fragile conditions, or developmental 
disabilities. HHS would also be required to analyze state 
compliance with this requirement, identify best practices, and 
submit a report on this work to Congress no later than January 
1, 2019.

SECTION 204: ADDITIONAL DATA AND REPORTS REGARDING CHILDREN PLACED IN A 
                  SETTING THAT IS NOT A FOSTER FAMILY

Present law

    The HHS Secretary must annually prepare and report to 
Congress state-level data on certain child welfare outcomes and 
other characteristics. Beginning with the report covering 
FY2016, it must include information on foster children placed 
in settings other than foster family homes, including numbers 
of these children, their ages and length of time in non-foster 
family settings; any clinically diagnosed special needs of 
these children, and any specialized services provided to them 
[Sec. 479A(a)(7)(A) of the Social Security Act].

Explanation of provision

    This section would rewrite this reporting requirement to 
list more types of non-foster family home settings for which 
specific information must be included in the report and would 
additionally request information on the gender and race/
ethnicity of children placed in these settings, and whether the 
non-foster family home is the first placement setting for the 
child or, if not, the number and type of previous placement 
settings.

          SECTION 205: EFFECTIVE DATES; APPLICATION TO WAIVERS

Present law

    No provision.

Explanation of provision

    Provisions limiting federal title IV-E foster care 
maintenance payment support for children in non-foster family 
settings, including related definitions, assessment procedures 
and other requirements would be effective on the first day of 
FY2020 (October 1, 2019), as would the certification concerning 
no state policies advanced as a result of those new limits that 
would impact the juvenile justice system.
    Other provisions in title II--the training requirement 
under the Court Improvement Program (protocols to prevent 
inappropriate diagnoses and changes to HHS data reporting 
requirements) would be effective on the first day of FY2017 
(October 1, 2016). However, if HHS determined that a state 
(including the 50 states, District of Columbia, and Puerto 
Rico) would need to enact legislation (other than 
appropriations), to meet the requirement to develop protocols 
to prevent inappropriate diagnoses, the state would have until 
the first day of the first calendar quarter that begins after 
the close of the first regular state legislative session that 
begins after the enactment of the Family First Prevention 
Services Act of 2016.

Reason for changes under Title II--Ensuring the Necessity of a 
        Placement that is Not in a Foster Family Home

    When children are removed from their parents, they may be 
placed in a range of settings, including a family foster care 
home or a group home (also called a congregate care setting). 
Federal law mandates that each child's case plan include a 
discussion of how the plan is designed to achieve a safe 
placement for the child in the least restrictive (most family-
like) setting available and in close proximity to the home of 
the parent(s) when the case plan goal is reunification. Case 
plans must also address how the placement is consistent with 
the best interests and special needs of the child. However, 
states and tribes have flexibility and discretion to make 
decisions for a child on a case-by-case basis to ensure that 
the best placement is made and the individual needs of the 
child are met.
    According to the FY 2013 data from the Adoption and Foster 
Care Analysis and Reporting System (AFCARS), on any given day 
14% of children in foster care were placed in congregate care 
(i.e. group settings that house multiple foster care youth) and 
20% of children who enter foster care will experience 
congregate care at some point. The average length of stay in 
congregate care is 8 months. The Children's Bureau noted that 
children 12 and under comprised an unexpectedly high percentage 
(31%) of children who experienced a congregate care 
setting.''\23\
---------------------------------------------------------------------------
    \23\U.S. Department of Health and Human Services, A National Look 
at the Use of Congregate Care in Child Welfare. March 30, 2015.
---------------------------------------------------------------------------
    Children with a Diagnostic and Statistical Manual of Mental 
Disorders (DSM) diagnosis, behavioral health issues or other 
clinical disabilities make up a significant proportion of those 
children who, at some point during their time in foster care, 
experienced time in a congregate care setting. And these 
children tend to remain in congregate care settings for longer 
periods of time. For children age 13 and older, the majority 
enter congregate care due to a child behavior problem and no 
other clinical mental or medical disability. According to FY 
2013 AFCARS data, approximately one third of children and youth 
in congregate care settings have no clinical or behavioral 
diagnosis. In addition, boys are more likely than girls to 
experience congregate care, particularly if they have a DSM 
diagnosis or behavioral problem. The overall time in foster 
care was longer for children who spent some time in congregate 
care, with an average of 27 months compared to 21 months total 
time in foster care.\24\
---------------------------------------------------------------------------
    \24\Ibid.
---------------------------------------------------------------------------
    Although there is an appropriate role for congregate care 
placements in the continuum of foster care settings, there is 
consensus across multiple stakeholders that most children and 
youth, but especially young children, are best served in a 
family setting. Stays in congregate care should be based on the 
specialized behavioral and mental health needs or clinical 
disabilities of children. It should be used only for as long as 
is needed to stabilize the child or youth so they can return to 
a family-like setting.
    Youth who present with a DSM diagnosis can make 
improvements in a specialized setting for a limited period of 
time. According to a consensus statement on group care for 
children and adolescents released by the American 
Orthopsychiatric Association, ``There is not demonstrable 
therapeutic necessity for group care to be used as a long-term 
living arrangement.''\25\ This statement also recognized that a 
large-scale study comparing youth in group homes versus youth 
in foster care found youth in group settings were 2.4 times 
more likely to be arrested--even though researchers controlled 
for race, sex, abuse and placement history, presence of 
behavior problems, and history of running away.
---------------------------------------------------------------------------
    \25\ Consensus Statement on Group Care for Children and 
Adolescents: A Statement of Policy of the American Orthopsychiatric 
Association. American Journal of Orthopsychiatry. 2014, Vol, 84, No. 3, 
219-225.
---------------------------------------------------------------------------
    There has been a significant decrease (37% reduction) in 
the percentage of children placed in congregate care settings 
in the past decade, and this reduction is at a greater rate 
than the reduction in the overall foster care population (21% 
reduction).\26\ While these trends suggest that child welfare 
practice is moving toward more limited use of congregate care, 
the depth of improvement is not consistent across states, and 
some cohorts of children and youth have fared better than 
others. To ensure federal funds are only spent on settings that 
are most appropriate for children, this bill limits federal 
payment to states when children are placed inappropriately in 
non-family settings, such as group homes or congregate care 
facilities.
---------------------------------------------------------------------------
    \26\U.S. Department of Health and Human Services, A National Look 
at the Use of Congregate Care in Child Welfare. March 30, 2015.
---------------------------------------------------------------------------
    The Committee also believes it is important to mention that 
this bill would not prevent states from placing children in 
congregate care, nor eliminate federal funding for congregate 
care placements. Instead, this bill seeks to improve the safety 
and effectiveness of congregate care settings when they involve 
foster children. Federal funding remains available under the 
bill when a child is appropriately placed in congregate care 
because of their need for specific clinical services that 
cannot be delivered in a family setting. Congregate care 
settings will need to meet new licensing and accreditation 
standards to ensure they provide appropriate supervision and 
have the necessary clinical staff to address the needs of the 
child. Importantly, these limitations on federal reimbursement 
for congregate care will not affect child welfare financing for 
most children currently in foster care, as over six in 10 
children in foster care are paid for solely with state funds. 
In addition, less than 14% of all children in foster care 
nationally are in congregate care settings, so these 
requirements only apply to a relatively limited number of cases 
in each state.

Effective date for Title II--Ensuring the Necessity of a Placement that 
        is Not in a Foster Family Home

    Provisions limiting federal title IV-E foster care 
maintenance payment support for children in non-foster family 
settings, including related definitions, assessment procedures 
and other requirements would be effective on the first day of 
FY2020 (October 1, 2019); the certification concerning no state 
policies advanced as a result of those new limits that would 
impact the juvenile justice system would also be effective on 
that date.
    Other provisions in title II--the training requirement 
under the Court Improvement Program; protocols to prevent 
inappropriate diagnoses; and changes to the annual report 
requirement for the HHS Secretary would be effective on the 
first day of FY2017 (October 1, 2016). However, if the HHS 
Secretary determined that a state (including the 50 states, 
District of Columbia, and Puerto Rico) would need to enact 
legislation, other than appropriations to meet the requirement 
to develop protocols to prevent inappropriate diagnoses, the 
state would have until the first day of the first calendar 
quarter that begins after the close of the first regular state 
legislative session that begins after the enactment of the 
Family First Prevention Services Act of 2016.

      Title III--Continuing Support for Child and Family Services


   SECTION 301: SUPPORTING AND RETAINING FOSTER FAMILIES FOR CHILDREN

Present law

    States must spend 90% of the funding they receive under the 
title IV-B Promoting Safe and Stable Families (PSSF) program on 
four categories of child and ``family services. One of those 
categories is ``family support'' services, which include 
community-based services designed to promote the safety and 
well-being of children and families; strengthen families 
(including biological, adoptive, foster, and kin); increase 
parent's confidence and parenting competence; and enhance child 
development [Section 431(a)(2) of the Social Security Act].

Explanation of provision

    This section would further provide family support services 
including services designed to support and retain foster 
families so they can provide quality family-based settings for 
children in foster care.
    It would provide a separate appropriation of $8 million in 
FY2018 for HHS to make competitive grants to states or tribes 
to support recruitment and retention of high-quality foster 
families. The grants would be intended to increase the capacity 
of a grantee to place more children in family settings and 
would need to focus on states or tribes with the highest 
percentage of children in non-family settings. Funding 
appropriated in FY2018 would remain available for five years 
(through FY2022).

      SECTION 302: EXTENSION OF CHILD AND FAMILY SERVICES PROGRAMS

Present law

    Authorizes annual discretionary funding of not more than 
$325 million for the title IV-B Child Welfare Services program 
in each of FY2012-FY2016 [Sec. 425 of the Social Security Act].
    Authorizes annual mandatory funding of $345 million for the 
title IV-B Promoting Safe and Stable Families program in each 
of FY2012-FY2016 [Sec. 436(a) (see also Sec. 434(a)) of the 
Social Security Act]; separately authorizes annual 
discretionary funding of $200 million for the PSSF program in 
each of FY2012-FY2016 [Sec. 437(a) of the Social Security Act].
    For each of FY2012-FY2016, the HHS Secretary is required to 
reserve $20 million out of the mandatory funding provided for 
the PSSF program to monthly caseworker visit grants and, a 
separate $20 million to make regional partnership grants (to 
improve outcomes for children affected by parental substance 
abuse) [Sec. 436(b)(4)and(5) of the Social Security Act].
    Funding to make Court Improvement Program (CIP) grants must 
be annually reserved out of the mandatory, and any 
discretionary, funds provided for the PSSF program [Sec. 
436(b)(2) and Sec. 437(b)(2) of the Social Security Act]. There 
is no year limit on the requirement that funds be reserved for 
the CIP.
    Provided it has an approved CIP grant application, the 
highest court in each state (includes the 50 states, the 
District of Columbia and Puerto Rico) is entitled to an 
allotment of this CIP program funding in each of FY2012-FY2016 
[Sec. 438(c)(1) of the Social Security Act]. A state highest 
court may use its CIP allotment to pay no more than 75% of CIP 
costs in each of FY2012-FY2016 [Sec. 438(d) of the Social 
Security Act].
    Finally, this section contains language appropriating CIP 
funds for each of FY2006-FY2010 and directing how certain 
funding reserved for the CIP in FY2011 was to be distributed 
[Sec. 438(e) of the Social Security Act].

Explanation of provision

    This section would extend this same annual level of 
discretionary funding authority for the Child Welfare Services 
program in each of FY2017-FY2021.
    This section would extend this same annual level ($345 
million) of mandatory funding authority for the PSSF program in 
each of FY2017-FY2021 and the same annual level ($200 million) 
of discretionary funding authority for the PSSF program in each 
of the same five years.
    This section would require the HHS Secretary to continue 
these same funding reservations out of the mandatory funding 
provided for the PSSF program for each of FY2017-FY2021, i.e., 
$20 million in each of those years for monthly caseworker visit 
grants and $20 million in each of those years for regional 
partnership grants.
    This section would extend the entitlement of eligible state 
highest courts to CIP grant funding through each of FY2017-
FY2021. It would also extend this 75% federal share through 
each of FY2017-FY2021.
    This would also repeal language appropriating CIP funds for 
each of FY2006-FY2010 and directing how certain funding 
reserved for the CIP in FY2011 was to be distributed [Sec. 
438(e) of the Social Security Act], since it is now obsolete.

      SECTION 303: IMPROVEMENTS TO THE JOHN H. CHAFEE FOSTER CARE 
              INDEPENDENCE PROGRAM AND RELATED PROVISIONS.

Present law

    Authorizes funding to states for services to support older 
children in foster care and youth who have emancipated from 
foster care (``aged out''). This funding is authorized under 
the Chafee Foster Care Independence Program (CFCIP). Among 
other requirements for receiving CFCIP funds, a state must 
certify that it will provide assistance and services to youth 
who left foster care after reaching their 18th birthday but who 
are not yet 21 years of age [Sec. 477(b)(3)(A) and (B) of the 
Social Security Act].
    Authorizes general CFCIP funding and, separately, funding 
for the Chafee Education and Training Voucher (ETV) [Sec. 
477(h) of the Social Security Act]. Funding is allotted to all 
states based primarily on their relative share of children in 
foster care across the nation and to eligible tribes (out of a 
state's allotment) based on share of tribal children in foster 
care in the state. States must annually request to receive 
their CFCIP and ETV allotments and must spend the funding in 
the fiscal year they are received or in the succeeding fiscal 
year. If a state applies for its full CFCIP and ETV allotments 
but does not spend them within the two-year time frame, the 
unused funds revert to the federal Treasury [Sec. 477(c), (d) 
and Sec. 477(j)(4) of the Social Security Act].
    Authorizes education and training vouchers for eligible 
youth to attend institutions of higher education. Youth are 
eligible to receive ETVs if they are eligible for the CFCIP. A 
youth can receive a voucher until age 21, or to age 23 if the 
youth is in the voucher program at age 21 and is making 
satisfactory progress toward completing the education or 
training program in which he or she is enrolled [Sec. 477(i)(1) 
and Sec. 477(i)(3) of the Social Security Act].
    The program is entitled the John H. Chafee Foster Care 
Independence Program [Sec. 477 of the Social Security Act 
heading].
    The purposes of CFCIP specify that particular services may 
be provided to four groups of children or youth: (1) those 
likely to remain in foster care until 18 years of age (which 
may, as state chooses, include children of any age); (2) those 
who are aging out; (3) those who were in foster care and are 
between ages 18 and 21; and (4) those who have left foster care 
at age 16 or older for kinship guardianship or adoption.
    Services for children likely to remain in foster care 
include assistance in--(1) obtaining a high school diploma, 
career exploration, vocational training, job placement and 
retention, substance abuse prevention, and preventative health 
activities; (2) receiving the education, training, and services 
necessary to obtain employment; (3) preparing for and entering 
postsecondary education; and (4) gaining access to regular, 
ongoing opportunities to engage in age or developmentally-
appropriate activities. Services for children aging out of 
foster care include personal and emotional supports through 
mentors and interaction with dedicated adults. Services for 
former foster children between the ages of 18 and 21 include 
financial, housing, counseling, employment, education, and 
other appropriate services to complement their efforts in 
achieving self-sufficiency and assuring that they recognize and 
accept personal responsibility for making the transition to 
adulthood. Children who have left foster care at age 16 or 
older for kinship guardianship or adoption are eligible for 
these services generally (until age 21) [Sec. 477(a) of the 
Social Security Act].
    Section 477 refers to ``adolescents'' in some places [Sec. 
477(b)(2)(D), Sec. 477(b)(3)(D), Sec. 477(b)(3)(H), and Sec. 
477(b)(3)(K) of the Social Security Act].
    Requires states to certify that they use title IV-E foster 
care funds to provide training for foster parents, adoptive 
parents, workers in group homes, and case managers to 
understand and address the issues confronting adolescents in 
preparing for independent living. The training must be 
coordinated, to the extent possible, with the state independent 
living program for eligible youth in care or those who have 
recently aged out of care [Sec. 477(b)(3)(D) of the Social 
Security Act].
    HHS was required to consult with specified stakeholders to 
develop outcome measures and identify data elements needed to 
track outcomes of youth receiving independent living services 
and state performance in providing those services and, further 
to develop a plan for states to collect and report this 
information [Sec. 477(f)(2) of the Social Security Act]. Based 
on these requirements (added to the law in 1999) HHS developed, 
and issued a final rule on, the National Youth in Transition 
Database, or NYTD. States must survey two groups of current and 
former foster youth as part of NYTD: (1) those who currently 
receive any independent living service that is provided or paid 
for by the state child welfare agency; and (2) those in foster 
care on or around their 17th birthday, those same youth two 
years later on or about their 19th birthday, and again on or 
about their 21st birthday. The second group may include youth 
who have aged out of foster care.
    States (including the 50 states, District of Columbia and 
Puerto Rico) and tribes operating a title IV-E program are 
required to provide certain information to youth emancipating 
from foster care at age 18 or older (or any age up to age 21 if 
the state provides title IV-E foster care up to that older 
age). The law specifies the following information and 
documents: an official or certified copy of the United States 
birth certificate, Social Security card issued by the Social 
Security Administration, health insurance information, a copy 
of the foster youth's medical records, and a driver's license 
or state-issued identification card that meets the requirements 
of the REAL ID Act of 2005. Youth are to receive the documents 
if they have been in care for at least six months and are 
otherwise eligible [Sec. 475(5)(I) of the Social Security Act].

Explanation of provision

    This section would permit states to certify that they use 
CFCIP funds to serve youth who have aged out of foster care and 
are not yet 23 years of age but only if the HHS Secretary 
determines that the state has elected to extend federal title 
IV-E foster care to children up to age 21; or that the state 
provides comparable assistance with state or other non-title 
IV-E funds.
    It would permit HHS to redistribute any CFCIP or ETV funds 
that are not spent within the two-year time frame to one or 
more states (including tribes) that apply for these funds, 
provided HHS determines the state or tribe will use the funds 
according to the CFCIP or ETV purposes for which they were 
originally provided. HHS would be required to distribute these 
unused funds based on a state or tribe's share of all children 
in foster care among the states and tribes applying for these 
additional funds.
    It would continue to make the vouchers available to youth 
who are eligible for the CFCIP, which would now include youth 
who have experienced foster care at age 14 or older, including 
former foster care recipients up to 21 years of age (or 23 
years of age in states that certify they provide CFCIP services 
to that older age). Youth could continue receiving an education 
and training voucher until age 26, so long as the youth is 
participating in the program and making satisfactory progress 
toward completing a postsecondary education or training 
program. In no event, however, could a youth receive such a 
voucher for more than five years, regardless of whether those 
years are consecutive.
    This section would also change the program name to the John 
H. Chafee Foster Care Program for Successful Transition to 
Adulthood.
    It would provide CFCIP services for four groups of youth, 
including those who (1) have experienced foster care and are 
age 14 or older; (2) are former foster care recipients ages 18 
to 21 years of age (or up to age 23 if they live in a state 
that certifies it provides services to youth up to age 23); or 
(3) left foster care at age 16 or older for kinship 
guardianship or adoption.
    Youth who have experienced foster care at age 14 or older 
would be eligible for most services and supports that are 
currently available to youth likely to remain in foster care 
until age 18. They would also be eligible for services that 
include assistance in--obtaining a post-secondary education; 
training and opportunities to practice daily living skills 
(such as financial literacy training and driving instruction); 
achieving meaningful connections with a caring adults; and 
engaging in age or developmentally appropriate activities. 
These youth would also be eligible for services related to 
positive youth development, and experimental learning that 
reflects what their peers in intact families experience. 
Children likely to remain in foster care until age 18 would 
continue to be eligible for services to ensure they have 
regular and on-going opportunities to engage in age and 
developmentally appropriate activities. Services and supports 
to former foster care recipients who are age 18 to 21 (or 23 if 
state extends title IV-E or comparable assistance to this age) 
remain unchanged.
    Additionally, this section would strike ``adolescents'' and 
replace with ``youth'' in all places that it appears.
    It would specify that training would be required to address 
``youth development'' to help stakeholders with youth preparing 
for both (1) a successful transition to adulthood and (2) a 
permanent connection with a caring adult. The training would 
need to be targeted to the same individuals listed in current 
law. States would no longer be required to certify that they 
would coordinate the training with the independent living 
program for eligible youth.
    This section would also strike the obsolete requirements 
for HHS and would require that no later than October 1, 2017, 
HHS must submit a report to the House Ways and Means and Senate 
Finance committees that, based on NYTD or other relevant state-
reported data, provides the following:
           For 17-year-olds surveyed by NYTD, a 
        description of the reasons they enter care and their 
        experiences while in care (such as length of stay, 
        number of placement settings, case goal, and discharge 
        reason), and an analysis of how this same information 
        compares to that of children who exit from care before 
        reaching age 17;
           For 19- and 21-year-olds surveyed by NYTD 
        and who report negative outcomes, a description of 
        their characteristics;
           Benchmarks for determining what constitutes 
        a poor outcome for youth who remain in, or have exited 
        from, foster care and plans by the executive branch to 
        incorporate those benchmarks as part of efforts to 
        evaluate how well child welfare agencies provide 
        services to children transitioning from care;
           An analysis of the association between 
        specified foster care experiences (types of placement, 
        number of overall placements, time spent in foster 
        care, and other factors) and outcomes for youth at ages 
        19 and 21; and
           An examination of differences in outcomes 
        for children who remain in foster care at age 19 and 21 
        and those of that age who have left foster care.
    Finally, it would require states, territories, and tribes 
to also provide official documentation necessary to prove that 
the child was previously in foster care. Such documentation may 
be necessary for youth to prove eligibility for a program or 
benefit, such as Medicaid or student financial aid.

Reason for changes under Title III--Continuing Support for Child and 
        Family Services

    The Committee believes that qualified, loving foster 
families are critically important to our efforts to protect and 
nurture children who have been maltreated, and will be 
especially important as states reduce their reliance on 
congregate care. This change is intended to clarify that states 
have full flexibility to use these existing funds to support 
foster families.
    This section also makes modest updates to the John H. 
Chafee Foster Care Independence program to better align the 
statute with best practices and to maximize the availability of 
support for older foster youth making the transition to 
adulthood.

Effective date for Title III--Continuing Support for Child and Family 
        Services

    These provisions are effective on October 1, 2016.

Title IV--Continuing Incentives to States to Promote Adoption and Legal 
                              Guardianship


 SECTION 401: REAUTHORIZING ADOPTION AND LEGAL GUARDIANSHIP INCENTIVE 
                                PROGRAMS

Present law

    Adoption and Legal Guardianship Incentive Payments are paid 
to states that increase the rate at which children who are in 
foster care and who cannot return home are placed in permanent 
families via adoption or legal guardianship [Sec. 473A of the 
Social Security Act].

Explanation of provision

    This section would continue for five fiscal years (FY2016-
FY2020) state's eligibility to earn these incentive payments 
and would extend annual discretionary funding authority, at the 
current law annual level of $43 million, for each of five 
fiscal years (FY2017-FY2021). Additionally, this section would 
permit funds appropriated under this authority to remain 
available until expended, but not later than FY2021.

Reason for change

    Research has shown that children adopted from foster care 
have better life outcomes than children who remain in foster 
care. The Committee believes states should continue to be 
incentivized to place children with adoptive families when they 
cannot safely return home.

Effective date

    The provision is effective upon enactment.

                     Title V--Technical Corrections


   SECTION 501: TECHNICAL CORRECTIONS TO DATA EXCHANGE STANDARDS TO 
                      IMPROVE PROGRAM COORDINATION

Present law

    Requires the HHS Secretary, after consulting with the 
Office of Management and Budget (OMB) and considering state 
perspectives to designate by regulation standard data elements 
for any category of reporting required under title IV-B. 
Stipulates additional requirements related to these data 
standards [Sec. 440 of the Social Security Act].

Explanation of provision

    This section would rewrite these provisions to require HHS, 
in consultation with an interagency work group established by 
the OMB, and considering state government perspectives, to 
develop regulations concerning the categories of information 
that state child welfare agencies must be able to exchange with 
another state agency as well as federal reporting and data 
exchange required under applicable federal law. HHS would need 
to issue a proposed rule no later than two years (24 months) 
after enactment of this bill that identifies federally required 
data exchanges and specifies state implementation options.

SECTION 502: TECHNICAL CORRECTIONS TO STATE REQUIREMENT TO ADDRESS THE 
                 DEVELOPMENTAL NEEDS OF YOUNG CHILDREN

Present law

    Under the title IV-B Child Welfare Services programs states 
must describe activities they do to reduce the length of time 
children who are under five years of age spend without a 
permanent family and what it does to address the developmental 
needs of these children [Sec. 422(b)(18) of the Social Security 
Act].

Explanation of provision

    This section would clarify that a state must describe in 
its title IV-B Child Welfare Services plan what it is doing to 
address the developmental needs of all vulnerable children 
under five years of age who receive benefits or services under 
the title IV-B programs or the title IV-E foster care and 
permanency program (not just children in foster care).

Reason for changes under Title V--Technical Corrections

    The original version of the provision in Section 501 
included errors that prevented HHS from complying with 
Congressional intent. In addition, previous interpretation of 
the law limited this requirement to children under age five who 
were in foster care.

Effective date for Title V--Technical Corrections

    These provisions are effective upon enactment.

 Title VI--Ensuring States Reinvest Savings Resulting from Increase in 
                          Adoption Assistance


 SECTION 601 AND 602: DELAY OF ADOPTION ASSISTANCE PHASE-IN; GAO REPORT

Present law

    Under current law use of an income test for purposes of 
determining eligibility for title IV-E adoption assistance is 
being phased out (primarily based on the child's age). However, 
no child, regardless of age, may be eligible for title IV-E 
adoption assistance unless the state determines that the child 
has ``special needs.'' For purposes of the title IV-E program, 
``special needs'' generally refers to factors or conditions (as 
determined by a state) such as race/ethnicity, physical or 
mental disability, and age or behavioral issues that make it 
unlikely that a child will be adopted with assistance [Sec. 
473(c) and (e) of the Social Security Act].
    As of October 1, 2015 (FY2016) no income eligibility test 
is needed to determine title IV-E adoption assistance 
eligibility for child determined by the state to have ``special 
needs'' who is four years of age or older when his/her adoption 
assistance agreement is finalized. As of October 1, 2016 
(FY2017), this would be the case for special needs children who 
are age two or older when their adoption assistance agreement 
is finalized and, as of October 1, 2017 (FY2018), children of 
any age who are determined by a state to have special needs may 
be eligible for title IV-E adoption assistance without 
application of an income test [Sec. 473(e)(1) and Sec. 
473(a)(2)(A)(ii) of the Social Security Act].

Explanation of provision

    This section would delay the age-related expansion of 
eligibility for title IV-E adoption assistance that was enacted 
as part of the Fostering Connections to Success and Increasing 
Adoptions Act of 2008. The delay would affect children with 
special needs who are under four years of age when their 
adoption assistance agreement is finalized. Specifically 
children with special needs who are two but not yet four years 
of age would be eligible for title IV-E adoption assistance 
without meeting an income test as of April 1, 2019 (instead of 
current law October 1, 2016) and any child with special needs 
(regardless of age) would be eligible for title IV-E adoption 
assistance, without an income test, as of April 1, 2020 
(instead of current law October 1, 2017).
    In addition, this section would require the Government 
Accountability Office (GAO), to study whether states are 
complying with the requirement that they spend, for child 
welfare purposes, an amount equal to the amount of savings (if 
any) resulting from phasing out the income eligibility 
requirements for federal adoption assistance and the 
requirement that not less than 30% of any such savings be used 
for post-adoption or post-guardianship services and services to 
support and sustain positive outcomes, and permanency, for 
children who might otherwise enter foster care. The GAO would 
be required to submit its findings, including any 
recommendations to ensure compliance with the law, to the House 
Ways and Means and Senate Finance Committees.

Reason for changes under Title VI--Ensuring States Reinvest Savings 
        Resulting from Increase in Adoption Assistance

    Since 1980, the federal government has offered support to 
states for providing ongoing adoption assistance to eligible 
children who are determined by their state to have ``special 
needs'' and who are removed from families with very low 
incomes. In 2008, Congress adopted provisions designed to 
remove (over time) the income test requirement as part of 
determining eligibility for this federal assistance and it 
stipulated that states must reinvest in child welfare purposes 
any savings to the state from this change in federal 
eligibility rules. At that time the Congressional Budget Office 
estimated significant additional federal spending under this 
program due to this change in eligibility rules.
    In 2011 and 2014, in response to concerns that some states 
were not adequately calculating and reinvesting their savings 
associated with the phase in of full federal support for 
adoption assistance, Congress included a provision in P.L. 113-
183 which revised prior law requirements related to such 
savings. The new provisions require states to use a methodology 
specified, or approved, by HHS to calculate any savings. 
Further, the 2014 law requires states to spend no less than 30% 
of any identified savings to provide post-adoption services, 
post-guardianship services, and services to support and sustain 
positive permanent outcomes for children who might otherwise 
enter foster care. Finally, P.L. 113-183 requires HHS to post 
information from states regarding calculation and makes these 
requirements concerning adoption assistance savings effective 
as of October 1, 2014.
    To date, Congress and child welfare advocates have 
identified two concerns: first that some states may be 
inadequately tracking savings resulting from the new federal 
support for adoption assistance and second, that those savings 
have not been adequately reinvested back into the child welfare 
system as required under both the 2008 and 2014 Acts. In the 
most recent report to HHS on adoption assistance savings, 25 
states and the District of Columbia reported $0 in FY2015 in 
reinvested savings from federal adoption assistance 
funding.\27\
---------------------------------------------------------------------------
    \27\U.S. Department of Health and Human Services. Federal Fiscal 
Year 2015 Annual Adoption Savings Calculation and Accounting Report 
(Form CB-496 Part 4)Reported Data As Of: June 7, 2016.
---------------------------------------------------------------------------
    Given these concerns, it is the Committee's view that 
temporarily pausing the continued phase in of increased federal 
adoption assistance funding is warranted in order to ensure 
future savings are reinvested into eligible state child welfare 
expenditures, consistent with federal law. Accordingly, this 
legislation instructs the GAO to conduct an investigation into 
this matter and make recommendations to Congress on how to best 
ensure states are complying with federal law. In performing 
this investigation, it is our expectation that GAO examine 
whether there are any emerging patterns regarding adoption 
practices since the enactment of the 2008 adoption assistance 
``de-link'' phase in and if states are maximizing or not 
maximizing the use of these new adoption assistance funds in 
proportion to the special needs population.
    The Committee would like to make it clear that the pause in 
implementation of the full adoption assistance phase-in is 
meant to be temporary and that the phase-in of federal support 
is still a policy of utmost priority to be completed by April 
of 2020.

Effective date for Title VI--Ensuring States Reinvest Savings Resulting 
        from Increase in Adoption Assistance

    These provisions are effective upon enactment.

                      III. VOTES OF THE COMMITTEE

    In compliance with the Rules of the House of 
Representatives, the following statement is made concerning the 
vote of the Committee on Ways and Means during the markup 
consideration of H.R. 5456, ``Family First Prevention Services 
Act of 2016'' on June 15, 2016.
    An amendment in the nature of a substitute was offered by 
Chairman Brady and adopted by voice vote (with a quorum being 
present).
    The bill was ordered favorably reported to the House of 
Representatives, as amended, by a voice vote (with a quorum 
being present).

             IV. NEW BUDGET AUTHORITY AND TAX EXPENDITURES

    In compliance with clause 3(c)(2) of rule XIII of the Rules 
of the House of Representatives, the Committee states that the 
bill does involve new budget authority or tax expenditure 
budget authority.

      V. COST ESTIMATE PREPARED BY THE CONGRESSIONAL BUDGET OFFICE

    With respect to clause 3(c)(3) of rule XIII of the Rules of 
the House of Representatives, an estimate and comparison 
prepared by the Director of the Congressional Budget Office 
under section 402 of the Congressional Budget Act of 1974 was 
not submitted to the Committee before the filing of the report.

     VI. OTHER MATTERS TO BE DISCUSSED UNDER THE RULES OF THE HOUSE


          A. Committee Oversight Findings and Recommendations

    With respect to clause 3(c)(1) of rule XIII of the Rules of 
the House of Representatives, the Committee advises that the 
findings and recommendations of the Committee, based on 
oversight activities under clause 2(b)(1) of rule X of the 
Rules of the House of Representatives, are incorporated in the 
description portions of this report.

        B. Statement of General Performance Goals and Objectives

    With respect to the requirement of clause 3(c)(4) of rule 
XIII of the Rules of the House of Representatives, the 
performance goals and objectives of this legislation are to 
strengthen families by providing evidence-based prevention 
services to keep children out of foster care and reduces 
inappropriate placements into group homes.

                C. Applicability of House Rule XXI 5(b)

    Rule XXI 5(b) of the Rules of the House of Representatives 
provides, in part, that a bill or joint resolution, amendment, 
or conference report carrying a Federal income tax rate 
increase may not be considered as passed or agreed to unless so 
determined by a vote of not less than three-fifths of the 
Members voting, a quorum being present.'' The Committee has 
carefully reviewed the bill, and states that the bill does not 
involve any Federal income tax rate increases within the 
meaning of the rule.

  D. Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
                                Benefits

    With respect to clause 9 of rule XXI of the Rules of the 
House of Representatives, the Committee has carefully reviewed 
the provisions of the bill, and states that the provisions of 
the bill do not contain any congressional earmarks, limited tax 
benefits, or limited tariff benefits within the meaning of the 
rule.

                   E. Duplication of Federal Programs

    In compliance with Sec. 3(g)(2) of H. Res. 5 (114th 
Congress), the Committee states that no provision of the bill 
establishes or reauthorizes: (1) a program of the Federal 
Government known to be duplicative of another Federal program; 
(2) a program included in any report from the Government 
Accountability Office to Congress pursuant to section 21 of 
Public Law 111-139; or (3) a program related to a program 
identified in the most recent Catalog of Federal Domestic 
Assistance, published pursuant to the Federal Program 
Information Act (Pub. L. No. 95-220, as amended by Pub. L. No. 
98-169).

                 F. Disclosure of Directed Rule Makings

    In compliance with Sec. 3(i) of H. Res. 5 (114th Congress), 
the following statement is made concerning directed rule 
makings: The Committee estimates that the bill requires one 
directed rule making within the meaning of such section.

       VII. CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED


  A. Text of Existing Law Amended or Repealed by the Bill, as Reported

    In compliance with clause 3(e)(1)(A) of rule XIII of the 
Rules of the House of Representatives, the text of each section 
proposed to be amended or repealed by the bill, as reported, is 
shown below:

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e)(1)(A) of rule XIII of the 
Rules of the House of Representatives, the text of each section 
proposed to be amended or repealed by the bill, as reported, is 
shown below:

                          SOCIAL SECURITY ACT




           *       *       *       *       *       *       *
TITLE IV--GRANTS TO STATES FOR AID AND SERVICES TO NEEDY FAMILIES WITH 
CHILDREN AND FOR CHILD-WELFARE SERVICES

           *       *       *       *       *       *       *



                   PART B--CHILD AND FAMILY SERVICES

Subpart 1--Stephanie Tubbs Jones Child Welfare Services Program

           *       *       *       *       *       *       *


                 STATE PLANS FOR CHILD WELFARE SERVICES

  Sec. 422. (a) In order to be eligible for payment under this 
subpart, a State must have a plan for child welfare services 
which has been developed jointly by the Secretary and the State 
agency designated pursuant to subsection (b)(1), and which 
meets the requirements of subsection (b).
  (b) Each plan for child welfare services under this subpart 
shall--
          (1) provide that (A) the individual or agency that 
        administers or supervises the administration of the 
        State's services program under subtitle 1 of title XX 
        will administer or supervise the administration of the 
        plan (except as otherwise provided in section 103(d) of 
        the Adoption Assistance and Child Welfare Act of 1980), 
        and (B) to the extent that child welfare services are 
        furnished by the staff of the State agency or local 
        agency administering the plan, a single organizational 
        unit in such State or local agency, as the case may be, 
        will be responsible for furnishing such child welfare 
        services;
          (2) provide for coordination between the services 
        provided for children under the plan and the services 
        and assistance provided under subtitle 1 of title 
        XX\13\, under the State program funded under part A, 
        under the State plan approved under subpart 2 of this 
        part, under the State plan approved under the State 
        plan approved under part E, and under other State 
        programs having a relationship to the program under 
        this subpart, with a view to provision of welfare and 
        related services which will best promote the welfare of 
        such children and their families;
          (3) include a description of the services and 
        activities which the State will fund under the State 
        program carried out pursuant to this subpart, and how 
        the services and activities will achieve the purpose of 
        this subpart;
          (4) contain a description of--
                  (A) the steps the State will take to provide 
                child welfare services statewide and to expand 
                and strengthen the range of existing services 
                and develop and implement services to improve 
                child outcomes; and
                  (B) the child welfare services staff 
                development and training plans of the State;
          (5) provide, in the development of services for 
        children, for utilization of the facilities and 
        experience of voluntary agencies in accordance with 
        State and local programs and arrangements, as 
        authorized by the State;
          (6) provide that the agency administering or 
        supervising the administration of the plan will furnish 
        such reports, containing such information, and 
        participate in such evaluations, as the Secretary may 
        require;
          (7) provide for the diligent recruitment of potential 
        foster and adoptive families that reflect the ethnic 
        and racial diversity of children in the State for whom 
        foster and adoptive homes are needed;
          (8) provide assurances that the State--
                  (A) is operating, to the satisfaction of the 
                Secretary--
                          (i) a statewide information system 
                        from which can be readily determined 
                        the status, demographic 
                        characteristics, location, and goals 
                        for the placement of every child who is 
                        (or, within the immediately preceding 
                        12 months, has been) in foster care;
                          (ii) a case review system (as defined 
                        in section 475(5) and in accordance 
                        with the requirements of section 475A) 
                        for each child receiving foster care 
                        under the supervision of the State;
                          (iii) a service program designed to 
                        help children--
                                  (I) where safe and 
                                appropriate, return to families 
                                from which they have been 
                                removed; or
                                  (II) be placed for adoption, 
                                with a legal guardian, or if 
                                adoption or legal guardianship 
                                is determined not to be 
                                appropriate for a child, in 
                                some other planned, permanent 
                                living arrangement, subject to 
                                the requirements of sections 
                                475(5)(C) and 475A(a), which 
                                may include a residential 
                                educational program; and
                          (iv) a preplacement preventive 
                        services program designed to help 
                        children at risk of foster care 
                        placement remain safely with their 
                        families; and
                  (B) has in effect policies and administrative 
                and judicial procedures for children abandoned 
                at or shortly after birth (including policies 
                and procedures providing for legal 
                representation of the children) which enable 
                permanent decisions to be made expeditiously 
                with respect to the placement of the children;
          (9) contain a description, developed after 
        consultation with tribal organizations (as defined in 
        section 4 of the Indian Self-Determination and 
        Education Assistance Act) in the State, of the specific 
        measures taken by the State to comply with the Indian 
        Child Welfare Act;
          (10) contain assurances that the State shall make 
        effective use of cross-jurisdictional resources 
        (including through contracts for the purchase of 
        services), and shall eliminate legal barriers, to 
        facilitate timely adoptive or permanent placements for 
        waiting children;
          (11) contain a description of the activities that the 
        State has undertaken for children adopted from other 
        countries, including the provision of adoption and 
        post-adoption services;
          (12) provide that the State shall collect and report 
        information on children who are adopted from other 
        countries and who enter into State custody as a result 
        of the disruption of a placement for adoption or the 
        dissolution of an adoption, including the number of 
        children, the agencies who handled the placement or 
        adoption, the plans for the child, and the reasons for 
        the disruption or dissolution;
          (13) demonstrate substantial, ongoing, and meaningful 
        collaboration with State courts in the development and 
        implementation of the State plan under subpart 1, the 
        State plan approved under subpart 2, and the State plan 
        approved under part E, and in the development and 
        implementation of any program improvement plan required 
        under section 1123A;
          (14) not later than October 1, 2007, include 
        assurances that not more than 10 percent of the 
        expenditures of the State with respect to activities 
        funded from amounts provided under this subpart will be 
        for administrative costs;
          (15)(A) provides that the State will develop, in 
        coordination and collaboration with the State agency 
        referred to in paragraph (1) and the State agency 
        responsible for administering the State plan approved 
        under title XIX, and in consultation with 
        pediatricians, other experts in health care, and 
        experts in and recipients of child welfare services, a 
        plan for the ongoing oversight and coordination of 
        health care services for any child in a foster care 
        placement, which shall ensure a coordinated strategy to 
        identify and respond to the health care needs of 
        children in foster care placements, including mental 
        health and dental health needs, and shall include an 
        outline of--
                          (i) a schedule for initial and 
                        follow-up health screenings that meet 
                        reasonable standards of medical 
                        practice;
                          (ii) how health needs identified 
                        through screenings will be monitored 
                        and treated, including emotional trauma 
                        associated with a child's maltreatment 
                        and removal from home;
                          (iii) how medical information for 
                        children in care will be updated and 
                        appropriately shared, which may include 
                        the development and implementation of 
                        an electronic health record;
                          (iv) steps to ensure continuity of 
                        health care services, which may include 
                        the establishment of a medical home for 
                        every child in care;
                          (v) the oversight of prescription 
                        medicines, including protocols for the 
                        appropriate use and monitoring of 
                        psychotropic medications;
                          (vi) how the State actively consults 
                        with and involves physicians or other 
                        appropriate medical or non-medical 
                        professionals in assessing the health 
                        and well-being of children in foster 
                        care and in determining appropriate 
                        medical treatment for the children; and
                          (vii) steps to ensure that the 
                        components of the transition plan 
                        development process required under 
                        section 475(5)(H) that relate to the 
                        health care needs of children aging out 
                        of foster care, including the 
                        requirements to include options for 
                        health insurance, information about a 
                        health care power of attorney, health 
                        care proxy, or other similar document 
                        recognized under State law, and to 
                        provide the child with the option to 
                        execute such a document, are met; and
          (B) subparagraph (A) shall not be construed to reduce 
        or limit the responsibility of the State agency 
        responsible for administering the State plan approved 
        under title XIX to administer and provide care and 
        services for children with respect to whom services are 
        provided under the State plan developed pursuant to 
        this subpart;
          (16) provide that, not later than 1 year after the 
        date of the enactment of this paragraph, the State 
        shall have in place procedures providing for how the 
        State programs assisted under this subpart, subpart 2 
        of this part, or part E would respond to a disaster, in 
        accordance with criteria established by the Secretary 
        which should include how a State would--
                  (A) identify, locate, and continue 
                availability of services for children under 
                State care or supervision who are displaced or 
                adversely affected by a disaster;
                  (B) respond, as appropriate, to new child 
                welfare cases in areas adversely affected by a 
                disaster, and provide services in those cases;
                  (C) remain in communication with caseworkers 
                and other essential child welfare personnel who 
                are displaced because of a disaster;
                  (D) preserve essential program records; and
                  (E) coordinate services and share information 
                with other States;
          (17) not later than October 1, 2007, describe the 
        State standards for the content and frequency of 
        caseworker visits for children who are in foster care 
        under the responsibility of the State, which, at a 
        minimum, ensure that the children are visited on a 
        monthly basis and that the caseworker visits are well-
        planned and focused on issues pertinent to case 
        planning and service delivery to ensure the safety, 
        permanency, and well-being of the children;
          (18) include a description of the activities that the 
        State has undertaken to reduce the length of time 
        children who have not attained 5 years of age are 
        without a permanent family, and the activities the 
        State undertakes to address the developmental needs of 
        such children who receive benefits or services under 
        this part or part E; and
          (19) contain a description of the sources used to 
        compile information on child maltreatment deaths 
        required by Federal law to be reported by the State 
        agency referred to in paragraph (1), and to the extent 
        that the compilation does not include information on 
        such deaths from the State vital statistics department, 
        child death review teams, law enforcement agencies, or 
        offices of medical examiners or coroners, the State 
        shall describe why the information is not so included 
        and how the State will include the information.
  (c) Definitions.--In this subpart:
          (1) Administrative costs.--The term ``administrative 
        costs'' means costs for the following, but only to the 
        extent incurred in administering the State plan 
        developed pursuant to this subpart: procurement, 
        payroll management, personnel functions (other than the 
        portion of the salaries of supervisors attributable to 
        time spent directly supervising the provision of 
        services by caseworkers), management, maintenance and 
        operation of space and property, data processing and 
        computer services, accounting, budgeting, auditing, and 
        travel expenses (except those related to the provision 
        of services by caseworkers or the oversight of programs 
        funded under this subpart).
          (2) Other terms.--For definitions of other terms used 
        in this part, see section 475.

           *       *       *       *       *       *       *


             LIMITATIONS ON AUTHORIZATION OF APPROPRIATIONS

  Sec. 425. To carry out this subpart (other than sections 426, 
427, and 429), there are authorized to be appropriated to the 
Secretary not more than $325,000,000 for each of fiscal years 
2012 through 2016.

           *       *       *       *       *       *       *


             Subpart 2--Promoting Safe and Stable Families

SEC. 430. PURPOSE.

   The purpose of this program is to enable States to develop 
and establish, or expand, and to operate coordinated programs 
of community-based family support services, family preservation 
services, time-limited family reunification services, and 
adoption promotion and support services to accomplish the 
following objectives:
          (1) To prevent child maltreatment among families at 
        risk through the provision of supportive family 
        services.
          (2) To assure children's safety within the home and 
        preserve intact families in which children have been 
        maltreated, when the family's problems can be addressed 
        effectively.
          (3) To address the problems of families whose 
        children have been placed in foster care so that 
        reunification may occur in a safe and stable manner in 
        accordance with the Adoption and Safe Families Act of 
        1997.
          (4) To support adoptive families by providing support 
        services as necessary so that they can make a lifetime 
        commitment to their children.

SEC. 431. DEFINITIONS.

  (a) In General.--As used in this subpart:
          (1) Family preservation services.--The term ``family 
        preservation services'' means services for children and 
        families designed to help families (including adoptive 
        and extended families) at risk or in crisis, 
        including--
                  (A) service programs designed to help 
                children--
                          (i) where safe and appropriate, 
                        return to families from which they have 
                        been removed; or
                          (ii) be placed for adoption, with a 
                        legal guardian, or, if adoption or 
                        legal guardianship is determined not to 
                        be safe and appropriate for a child, in 
                        some other planned, permanent living 
                        arrangement;
                  (B) preplacement preventive services 
                programs, such as intensive family preservation 
                programs, designed to help children at risk of 
                foster care placement remain safely with their 
                families;
                  (C) service programs designed to provide 
                followup care to families to whom a child has 
                been returned after a foster care placement;
                  (D) respite care of children to provide 
                temporary relief for parents and other 
                caregivers (including foster parents);
                  (E) services designed to improve parenting 
                skills (by reinforcing parents' confidence in 
                their strengths, and helping them to identify 
                where improvement is needed and to obtain 
                assistance in improving those skills) with 
                respect to matters such as child development, 
                family budgeting, coping with stress, health, 
                and nutrition; and
                  (F) infant safe haven programs to provide a 
                way for a parent to safely relinquish a newborn 
                infant at a safe haven designated pursuant to a 
                State law.
          (2) Family support services.--
                  (A) In general.--The term ``family support 
                services'' means community-based services 
                designed to carry out the purposes described in 
                subparagraph (B).
                  (B) Purposes described.--The purposes 
                described in this subparagraph are the 
                following:
                          (i) To promote the safety and well-
                        being of children and families.
                          (ii) To increase the strength and 
                        stability of families (including 
                        adoptive, foster, and extended 
                        families).
                          (iii) To increase parents' confidence 
                        and competence in their parenting 
                        abilities.
                          (iv) To afford children a safe, 
                        stable, and supportive family 
                        environment.
                          (v) To strengthen parental 
                        relationships and promote healthy 
                        marriages.
                          (vi) To enhance child development, 
                        including through mentoring (as defined 
                        in section 439(b)(2)).
          (3) State agency.--The term ``State agency'' means 
        the State agency responsible for administering the 
        program under subpart 1.
          (4) State.--The term ``State'' includes an Indian 
        tribe or tribal organization, in addition to the 
        meaning given such term for purposes of subpart 1.
          (5) Indian tribe.--The term ``Indian tribe'' has the 
        meaning given the term in section 428(c).
          (6) Tribal organization.--The term ``tribal 
        organization'' has the meaning given the term in 
        section 428(c).
          (7) Time-limited family reunification services.--
                  (A) In general.--The term ``time-limited 
                family reunification services'' means the 
                services and activities described in 
                subparagraph (B) that are provided to a child 
                that is removed from the child's home and 
                placed in a foster family home or a child care 
                institution and to the parents or primary 
                caregiver of such a child, in order to 
                facilitate the reunification of the child 
                safely and 
                appropriately within a timely fashion, 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.
                  (B) Services and activities described.--The 
                services and activities described in this 
                subparagraph are the following:
                          (i) Individual, group, and family 
                        counseling.
                          (ii) Inpatient, residential, or 
                        outpatient substance abuse treatment 
                        services.
                          (iii) Mental health services.
                          (iv) Assistance to address domestic 
                        violence.
                          (v) Services designed to provide 
                        temporary child care and therapeutic 
                        services for families, including crisis 
                        nurseries.
                          (vi) Peer-to-peer mentoring and 
                        support groups for parents and primary 
                        caregivers.
                          (vii) Services and activities 
                        designed to facilitate access to and 
                        visitation of children by parents and 
                        siblings.
                          (viii) Transportation to or from any 
                        of the services and activities 
                        described in this subparagraph.
          (8) Adoption promotion and support services.--The 
        term ``adoption promotion and support services'' means 
        services and activities designed to encourage more 
        adoptions out of the foster care system, when adoptions 
        promote the best interests of children, including such 
        activities as pre- and post-adoptive services and 
        activities designed to expedite the adoption process 
        and support adoptive families.
          (9) Non-federal funds.--The term ``non-Federal 
        funds'' means State funds, or at the option of a State, 
        State and local funds.
  (b) Other Terms.--For other definitions of other terms used 
in this subpart, see section 475.

SEC. 432. STATE PLANS.

  (a) Plan Requirements.--A State plan meets the requirements 
of this subsection if the plan--
          (1) provides that the State agency shall administer, 
        or supervise the administration of, the State program 
        under this subpart;
          (2)(A)(i) sets forth the goals intended to be 
        accomplished under the plan by the end of the 5th 
        fiscal year in which the plan is in operation in the 
        State, and (ii) is updated periodically to set forth 
        the goals intended to be accomplished under the plan by 
        the end of each 5th fiscal year thereafter;
          (B) describes the methods to be used in measuring 
        progress toward accomplishment of the goals;
          (C) contains assurances that the State--
                  (i) after the end of each of the 1st 4 fiscal 
                years covered by a set of goals, will perform 
                an interim review of progress toward 
                accomplishment of the goals, and on the basis 
                of the interim review will revise the statement 
                of goals in the plan, if necessary, to reflect 
                changed circumstances; and
                  (ii) after the end of the last fiscal year 
                covered by a set of goals, will perform a final 
                review of progress toward accomplishment of the 
                goals, and on the basis of the final review (I) 
                will prepare, transmit to the Secretary, and 
                make available to the public a final report on 
                progress toward accomplishment of the goals, 
                and (II) will develop (in consultation with the 
                entities required to be consulted pursuant to 
                subsection (b)) and add to the plan a statement 
                of the goals intended to be accomplished by the 
                end of the 5th succeeding fiscal year;
          (3) provides for coordination, to the extent feasible 
        and appropriate, of the provision of services under the 
        plan and the provision of services or benefits under 
        other Federal or federally assisted programs serving 
        the same populations;
          (4) contains assurances that not more than 10 percent 
        of expenditures under the plan for any fiscal year with 
        respect to which the State is eligible for payment 
        under section 434 for the fiscal year shall be for 
        administrative costs, and that the remaining 
        expenditures shall be for programs of family 
        preservation services, community-based family support 
        services, time-limited family reunification services, 
        and adoption promotion and support services, with 
        significant portions of such expenditures for each such 
        program;
          (5) contains assurances that the State will--
                  (A) annually prepare, furnish to the 
                Secretary, and make available to the public a 
                description (including separate descriptions 
                with respect to family preservation services, 
                community-based family support services, time-
                limited family reunification services, and 
                adoption promotion and support services) of--
                          (i) the service programs to be made 
                        available under the plan in the 
                        immediately succeeding fiscal year;
                          (ii) the populations which the 
                        programs will serve; and
                          (iii) the geographic areas in the 
                        State in which the services will be 
                        available; and
                  (B) perform the activities described in 
                subparagraph (A)--
                          (i) in the case of the 1st fiscal 
                        year under the plan, at the time the 
                        State submits its initial plan; and
                          (ii) in the case of each succeeding 
                        fiscal year, by the end of the 3rd 
                        quarter of the immediately preceding 
                        fiscal year;
          (6) provides for such methods of administration as 
        the Secretary finds to be necessary for the proper and 
        efficient operation of the plan;
          (7)(A) contains assurances that Federal funds 
        provided to the State under this subpart will not be 
        used to supplant Federal or non-Federal funds for 
        existing services and activities which promote the 
        purposes of this subpart; and
          (B) provides that the State will furnish reports to 
        the Secretary, at such times, in such format, and 
        containing such information as the Secretary may 
        require, that demonstrate the State's compliance with 
        the prohibition contained in subparagraph (A);
          (8)(A) provides that the State agency will furnish 
        such reports, containing such information, and 
        participate in such evaluations, as the Secretary may 
        require; and
          (B) provides that, not later than June 30 of each 
        year, the State will submit to the Secretary--
                  (i) copies of form CFS-101 (including all 
                parts and any successor forms) that report on 
                planned child and family services expenditures 
                by the agency for the immediately succeeding 
                fiscal year; and
                  (ii) copies of form CFS-101 (including all 
                parts and any successor forms) that provide, 
                with respect to the programs authorized under 
                this subpart and subpart 1 and, at State 
                option, other programs included on such forms, 
                for the most recent preceding fiscal year for 
                which reporting of actual expenditures is 
                complete--
                          (I) the numbers of families and of 
                        children served by the State agency;
                          (II) the population served by the 
                        State agency;
                          (III) the geographic areas served by 
                        the State agency; and
                          (IV) the actual expenditures of funds 
                        provided to the State agency;
          (9) contains assurances that in administering and 
        conducting service programs under the plan, the safety 
        of the children to be served shall be of paramount 
        concern; and
          (10) describes how the State identifies which 
        populations are at the greatest risk of maltreatment 
        and how services are targeted to the populations.
  (b) Approval of Plans.--
          (1) In general.--The Secretary shall approve a plan 
        that meets the requirements of subsection (a) only if 
        the plan was developed jointly by the Secretary and the 
        State, after consultation by the State agency with 
        appropriate public and nonprofit private agencies and 
        community-based organizations with experience in 
        administering programs of services for children and 
        families (including family preservation, family 
        support, time-limited family reunification, and 
        adoption promotion and support services).
          (2) Plans of indian tribes or tribal consortia.--
                  (A) Exemption from inappropriate 
                requirements.--The Secretary may exempt a plan 
                submitted by an Indian tribe or tribal 
                consortium from the requirements of subsection 
                (a)(4) of this section to the extent that the 
                Secretary determines those requirements would 
                be inappropriate to apply to the Indian tribe 
                or tribal consortium, taking into account the 
                resources, needs, and other circumstances of 
                the Indian tribe or tribal consortium.
                  (B) Special rule.--Notwithstanding 
                subparagraph (A) of this paragraph, the 
                Secretary may not approve a plan of an Indian 
                tribe or tribal consortium under this subpart 
                to which (but for this subparagraph) an 
                allotment of less than $10,000 would be made 
                under section 433(a) if allotments were made 
                under section 433(a) to all Indian tribes and 
                tribal consortia with plans approved under this 
                subpart with the same or larger numbers of 
                children.
  (c) Annual Submission of State Reports to Congress.--
          (1) In general.--The Secretary shall compile the 
        reports required under subsection (a)(8)(B) and, not 
        later than September 30 of each year, submit such 
        compilation to the Committee on Ways and Means of the 
        House of Representatives and the Committee on Finance 
        of the Senate.
          (2) Information to be included.--The compilation 
        shall include the individual State reports and tables 
        that synthesize State information into national totals 
        for each element required to be included in the 
        reports, including planned and actual spending by 
        service category for the program authorized under this 
        subpart and planned spending by service category for 
        the program authorized under subpart 1.
          (3) Public accessibility.--Not later than September 
        30 of each year, the Secretary shall publish the 
        compilation on the website of the Department of Health 
        and Human Services in a location easily accessible by 
        the public.

           *       *       *       *       *       *       *


SEC. 436. AUTHORIZATION OF APPROPRIATIONS; RESERVATION OF CERTAIN 
                    AMOUNTS.

  (a) Authorization.--In addition to any amount otherwise made 
available to carry out this subpart, there are authorized to be 
appropriated to carry out this subpart $345,000,000 for each of 
fiscal years 2012 through 2016.
  (b) Reservation of Certain Amounts.--From the amount 
specified in subsection (a) for a fiscal year, the Secretary 
shall reserve amounts as follows:
          (1) Evaluation, research, training, and technical 
        assistance.--The Secretary shall reserve $6,000,000 for 
        expenditure by the Secretary--
                  (A) for research, training, and technical 
                assistance costs related to the program under 
                this subpart; and
                  (B) for evaluation of State programs based on 
                the plans approved under section 432 and funded 
                under this subpart, and any other Federal, 
                State, or local program, regardless of whether 
                federally assisted, that is designed to achieve 
                the same purposes as the State programs.
          (2) State court improvements.--The Secretary shall 
        reserve $30,000,000 for grants under section 438.
          (3) Indian tribes or tribal consortia.--After 
        applying paragraphs (4) and (5) (but before applying 
        paragraphs (1) or (2)), the Secretary shall reserve 3 
        percent for allotment to Indian tribes or tribal 
        consortia in accordance with section 433(a).
          (4) Support for monthly caseworker visits.--
                  (A) Reservation.--The Secretary shall reserve 
                for allotment in accordance with section 433(e) 
                $20,000,000 for each of fiscal years 2012 
                through 2016.
                  (B) Use of funds.--
                          (i) In general.--A State to which an 
                        amount is paid from amounts reserved 
                        under subparagraph (A) shall use the 
                        amount to improve the quality of 
                        monthly caseworker visits with children 
                        who are in foster care under the 
                        responsibility of the State, with an 
                        emphasis on improving caseworker 
                        decision making on the safety, 
                        permanency, and well-being of foster 
                        children and on activities designed to 
                        increase retention, recruitment, and 
                        training of caseworkers.
                          (ii) Nonsupplantation.--A State to 
                        which an amount is paid from amounts 
                        reserved pursuant to subparagraph (A) 
                        shall not use the amount to supplant 
                        any Federal funds paid to the State 
                        under part E that could be used as 
                        described in clause (i).
          (5) Regional partnership grants.--The Secretary shall 
        reserve for awarding grants under section 437(f) 
        $20,000,000 for each of fiscal years 2012 through 2016.

SEC. 437. DISCRETIONARY AND TARGETED GRANTS.

  (a) Limitations on Authorization of Appropriations.--In 
addition to any amount appropriated pursuant to section 436, 
there are authorized to be appropriated to carry out this 
section $200,000,000 for each of fiscal years 2012 through 
2016.
  (b) Reservation of Certain Amounts.--From the amount (if any) 
appropriated pursuant to subsection (a) for a fiscal year, the 
Secretary shall reserve amounts as follows:
          (1) Evaluation, research, training, and technical 
        assistance.--The Secretary shall reserve 3.3 percent 
        for expenditure by the Secretary for the activities 
        described in section 436(b)(1).
          (2) State court improvements.--The Secretary shall 
        reserve 3.3 percent for grants under section 438.
          (3) Indian tribes or tribal consortia.--The Secretary 
        shall reserve 3 percent for allotment to Indian tribes 
        or tribal consortia in accordance with subsection 
        (c)(1).
  (c) Allotments.--
          (1) Indian tribes or tribal consortia.--From the 
        amount (if any) reserved pursuant to subsection (b)(3) 
        for any fiscal year, the Secretary shall allot to each 
        Indian tribe with a plan approved under this subpart an 
        amount that bears the same ratio to such reserved 
        amount as the number of children in the Indian tribe 
        bears to the total number of children in all Indian 
        tribes with State plans so approved, as determined by 
        the Secretary on the basis of the most current and 
        reliable information available to the Secretary. If a 
        consortium of Indian tribes applies and is approved for 
        a grant under this section, the Secretary shall allot 
        to the consortium an amount equal to the sum of the 
        allotments determined for each Indian tribe that is 
        part of the consortium.
          (2) Territories.--From the amount (if any) 
        appropriated pursuant to subsection (a) for any fiscal 
        year that remains after applying subection (b) for the 
        fiscal year, the Secretary shall allot to each of the 
        jurisdictions of Puerto Rico, Guam, the Virgin Islands, 
        the Northern Mariana Islands, and American Samoa an 
        amount determined in the same manner as the allotment 
        to each of such jurisdictions is determined under 
        section 423.
          (3) Other states.--From the amount (if any) 
        appropriated pursuant to subsection (a) for any fiscal 
        year that remains after applying subsection (b) and 
        paragraph (2) of this subsection for the fiscal year, 
        the Secretary shall allot to each State (other than an 
        Indian tribe) which is not specified in paragraph (2) 
        of this subsection an amount equal to such remaining 
        amount multiplied by the supplemental nutrition 
        assistance program benefits percentage (as defined in 
        section 433(c)(2)) of the State for the fiscal year.
  (d) Grants.--The Secretary may make a grant to a State which 
has a plan approved under this subpart in an amount equal to 
the lesser of--
          (1) 75 percent of the total expenditures by the State 
        for activities under the plan during the fiscal year or 
        the immediately succeeding fiscal year; or
          (2) the allotment of the State under subsection (c) 
        for the fiscal year.
  (e) Applicability of Certain Rules.--The rules of subsections 
(b) and (c) of section 434 shall apply in like manner to the 
amounts made available pursuant to subsection (a).
  (f) Targeted Grants To Increase the Well-Being of, and To 
Improve the Permanency Outcomes for, Children Affected by 
Substance Abuse.--
          (1) Purpose.--The purpose of this subsection is to 
        authorize the Secretary to make competitive grants to 
        regional partnerships to provide, through interagency 
        collaboration and integration of programs and services, 
        services and activities that are designed to increase 
        the well-being of, improve permanency outcomes for, and 
        enhance the safety of children who are in an out-of-
        home placement or are at risk of being placed in an 
        out-of-home placement as a result of a parent's or 
        caretaker's substance abuse.
          (2) Regional partnership defined.--
                  (A) In general.--In this subsection, the term 
                ``regional partnership'' means a collaborative 
                agreement (which may be established on an 
                interstate or intrastate basis) entered into by 
                at least 2 of the following:
                          (i) The State child welfare agency 
                        that is responsible for the 
                        administration of the State plan under 
                        this part and part E.
                          (ii) The State agency responsible for 
                        administering the substance abuse 
                        prevention and treatment block grant 
                        provided under subpart II of part B of 
                        title XIX of the Public Health Service 
                        Act.
                          (iii) An Indian tribe or tribal 
                        consortium.
                          (iv) Nonprofit child welfare service 
                        providers.
                          (v) For-profit child welfare service 
                        providers.
                          (vi) Community health service 
                        providers.
                          (vii) Community mental health 
                        providers.
                          (viii) Local law enforcement 
                        agencies.
                          (ix) Judges and court personnel.
                          (x) Juvenile justice officials.
                          (xi) School personnel.
                          (xii) Tribal child welfare agencies 
                        (or a consortia of such agencies).
                          (xiii) Any other providers, agencies, 
                        personnel, officials, or entities that 
                        are related to the provision of child 
                        and family services under this subpart.
                  (B) Requirements.--
                          (i) State child welfare agency 
                        partner.--Subject to clause (ii)(I), a 
                        regional partnership entered into for 
                        purposes of this subsection shall 
                        include the State child welfare agency 
                        that is responsible for the 
                        administration of the State plan under 
                        this part and part E as 1 of the 
                        partners.
                          (ii) Regional partnerships entered 
                        into by indian tribes or tribal 
                        consortia.--If an Indian tribe or 
                        tribal consortium enters into a 
                        regional partnership for purposes of 
                        this subsection, the Indian tribe or 
                        tribal consortium--
                                  (I) may (but is not required 
                                to) include such State child 
                                welfare agency as a partner in 
                                the collaborative agreement; 
                                and
                                  (II) may not enter into a 
                                collaborative agreement only 
                                with tribal child welfare 
                                agencies (or a consortium of 
                                such agencies).
                          (iii) No state agency only 
                        partnerships.--If a State agency 
                        described in clause (i) or (ii) of 
                        subparagraph (A) enters into a regional 
                        partnership for purposes of this 
                        subsection, the State agency may not 
                        enter into a collaborative agreement 
                        only with the other State agency 
                        described in such clause (i) or (ii).
          (3) Authority to award grants.--
                  (A) In general.--In addition to amounts 
                authorized to be appropriated to carry out this 
                section, the Secretary shall award grants under 
                this subsection, from the amounts reserved for 
                each of fiscal years 2012 through 2016 under 
                section 436(b)(5), to regional partnerships 
                that satisfy the requirements of this 
                subsection, in amounts that are not less than 
                $500,000 and not more than $1,000,000 per grant 
                per fiscal year.
                  (B) Required minimum period of approval.--
                          (i) In general.--A grant shall be 
                        awarded under this subsection for a 
                        period of not less than 2, and not more 
                        than 5, fiscal years, subject to clause 
                        (ii).
                          (ii) Extension of grant.--On 
                        application of the grantee, the 
                        Secretary may extend for not more than 
                        2 fiscal years the period for which a 
                        grant is awarded under this subsection.
                  (C) Multiple grants allowed.--This subsection 
                shall not be interpreted to prevent a grantee 
                from applying for, or being awarded, separate 
                grants under this subsection.
          (4) Application requirements.--To be eligible for a 
        grant under this subsection, a regional partnership 
        shall submit to the Secretary a written application 
        containing the following:
                  (A) Recent evidence demonstrating that 
                substance abuse has had a substantial impact on 
                the number of out-of-home placements for 
                children, or the number of children who are at 
                risk of being placed in an out-of-home 
                placement, in the partnership region.
                  (B) A description of the goals and outcomes 
                to be achieved during the funding period for 
                the grant that will--
                          (i) enhance the well-being of 
                        children receiving services or taking 
                        part in activities conducted with funds 
                        provided under the grant;
                          (ii) lead to safety and permanence 
                        for such children; and
                          (iii) decrease the number of out-of-
                        home placements for children, or the 
                        number of children who are at risk of 
                        being placed in an out-of-home 
                        placement, in the partnership region.
                  (C) A description of the joint activities to 
                be funded in whole or in part with the funds 
                provided under the grant, including the 
                sequencing of the activities proposed to be 
                conducted under the funding period for the 
                grant.
                  (D) A description of the strategies for 
                integrating programs and services determined to 
                be appropriate for the child and where 
                appropriate, the child's family.
                  (E) A description of the strategies for--
                          (i) collaborating with the State 
                        child welfare agency described in 
                        paragraph (2)(A)(i) (unless that agency 
                        is the lead applicant for the regional 
                        partnership); and
                          (ii) consulting, as appropriate, 
                        with--
                                  (I) the State agency 
                                described in paragraph 
                                (2)(A)(ii); and
                                  (II) the State law 
                                enforcement and judicial 
                                agencies.
                To the extent the Secretary determines that the 
                requirement of this subparagraph would be 
                inappropriate to apply to a regional 
                partnership that includes an Indian tribe, 
                tribal consortium, or a tribal child welfare 
                agency or a consortium of such agencies, the 
                Secretary may exempt the regional partnership 
                from the requirement.
                  (F) Such other information as the Secretary 
                may require.
          (5) Use of funds.--Funds made available under a grant 
        made under this subsection shall only be used for 
        services or activities that are consistent with the 
        purpose of this subsection and may include the 
        following:
                  (A) Family-based comprehensive long-term 
                substance abuse treatment services.
                  (B) Early intervention and preventative 
                services.
                  (C) Children and family counseling.
                  (D) Mental health services.
                  (E) Parenting skills training.
                  (F) Replication of successful models for 
                providing family-based comprehensive long-term 
                substance abuse treatment services.
          (6) Matching requirement.--
                  (A) Federal share.--A grant awarded under 
                this subsection shall be available to pay a 
                percentage share of the costs of services 
                provided or activities conducted under such 
                grant, not to exceed--
                          (i) 85 percent for the first and 
                        second fiscal years for which the grant 
                        is awarded to a recipient;
                          (ii) 80 percent for the third and 
                        fourth such fiscal years;
                          (iii) 75 percent for the fifth such 
                        fiscal year;
                          (iv) 70 percent for the sixth such 
                        fiscal year; and
                          (v) 65 percent for the seventh such 
                        fiscal year.
                  (B) Non-federal share.--The non-Federal share 
                of the cost of services provided or activities 
                conducted under a grant awarded under this 
                subsection may be in cash or in kind. In 
                determining the amount of the non-Federal 
                share, the Secretary may attribute fair market 
                value to goods, services, and facilities 
                contributed from non-Federal sources.
          (7) Considerations in awarding grants.--In awarding 
        grants under this subsection, the Secretary shall take 
        into consideration the extent to which applicant 
        regional partnerships--
                  (A) demonstrate that substance abuse by 
                parents or caretakers has had a substantial 
                impact on the number of out-of-home placements 
                for children, or the number of children who are 
                at risk of being placed in an out-of-home 
                placement, in the partnership region;
                  (B) have limited resources for addressing the 
                needs of children affected by such abuse;
                  (C) have a lack of capacity for, or access 
                to, comprehensive family treatment services; 
                and
                  (D) demonstrate a plan for sustaining the 
                services provided by or activities funded under 
                the grant after the conclusion of the grant 
                period.
          (8) Performance indicators.--
                  (A) In general.--Not later than 9 months 
                after the date of enactment of this subsection, 
                the Secretary shall establish indicators that 
                will be used to assess periodically the 
                performance of the grant recipients under this 
                subsection in using funds made available under 
                such grants to achieve the purpose of this 
                subsection.
                  (B) Consultation required.--In establishing 
                the performance indicators required by 
                subparagraph (A), the Secretary shall consult 
                with the following:
                          (i) The Assistant Secretary for the 
                        Administration for Children and 
                        Families.
                          (ii) The Administrator of the 
                        Substance Abuse and Mental Health 
                        Services Administration.
                          (iii) Representatives of States in 
                        which a State agency described in 
                        clause (i) or (ii) of paragraph (2)(A) 
                        is a member of a regional partnership 
                        that is a grant recipient under this 
                        subsection.
                          (iv) Representatives of Indian 
                        tribes, tribal consortia, or tribal 
                        child welfare agencies that are members 
                        of a regional partnership that is a 
                        grant recipient under this subsection.
          (9) Reports.--
                  (A) Grantee reports.--
                          (i) Annual report.--Not later than 
                        September 30 of the first fiscal year 
                        in which a recipient of a grant under 
                        this subsection is paid funds under the 
                        grant, and annually thereafter until 
                        September 30 of the last fiscal year in 
                        which the recipient is paid funds under 
                        the grant, the recipient shall submit 
                        to the Secretary a report on the 
                        services provided or activities carried 
                        out during that fiscal year with such 
                        funds. The report shall contain such 
                        information as the Secretary determines 
                        is necessary to provide an accurate 
                        description of the services provided or 
                        activities conducted with such funds.
                          (ii) Incorporation of information 
                        related to performance indicators.--
                        Each recipient of a grant under this 
                        subsection shall incorporate into the 
                        first annual report required by clause 
                        (i) that is submitted after the 
                        establishment of performance indicators 
                        under paragraph (8), information 
                        required in relation to such 
                        indicators.
                  (B) Reports to congress.--On the basis of the 
                reports submitted under subparagraph (A), the 
                Secretary annually shall submit to the 
                Committee on Ways and Means of the House of 
                Representatives and the Committee on Finance of 
                the Senate a report on--
                          (i) the services provided and 
                        activities conducted with funds 
                        provided under grants awarded under 
                        this subsection;
                          (ii) the performance indicators 
                        established under paragraph (8); and
                          (iii) the progress that has been made 
                        in addressing the needs of families 
                        with substance abuse problems who come 
                        to the attention of the child welfare 
                        system and in achieving the goals of 
                        child safety, permanence, and family 
                        stability.
          (10) Limitation on use of funds for administrative 
        expenses of the secretary.--Not more than 5 percent of 
        the amounts appropriated or reserved for awarding 
        grants under this subsection for each of fiscal years 
        2012 through 2016 may be used by the Secretary for 
        salaries and Department of Health and Human Services 
        administrative expenses in administering this 
        subsection.

SEC. 438. ENTITLEMENT FUNDING FOR STATE COURTS TO ASSESS AND IMPROVE 
                    HANDLING OF PROCEEDINGS RELATING TO FOSTER CARE AND 
                    ADOPTION.

  (a) In General.--The Secretary shall make grants, in 
accordance with this section, to the highest State courts in 
States participating in the program under part E, for the 
purpose of enabling such courts--
          (1) to conduct assessments, in accordance with such 
        requirements as the Secretary shall publish, of the 
        role, responsibilities, and effectiveness of State 
        courts in carrying out State laws requiring proceedings 
        (conducted by or under the supervision of the courts)--
                  (A) that implement parts B and E;
                  (B) that determine the advisability or 
                appropriateness of foster care placement;
                  (C) that determine whether to terminate 
                parental rights;
                  (D) that determine whether to approve the 
                adoption or other permanent placement of a 
                child;
                  (E) that determine the best strategy to use 
                to expedite the interstate placement of 
                children, including--
                          (i) requiring courts in different 
                        States to cooperate in the sharing of 
                        information;
                          (ii) authorizing courts to obtain 
                        information and testimony from agencies 
                        and parties in other States without 
                        requiring interstate travel by the 
                        agencies and parties; and
                          (iii) permitting the participation of 
                        parents, children, other necessary 
                        parties, and attorneys in cases 
                        involving interstate placement without 
                        requiring their interstate travel; and
          (2) to implement improvements the highest state 
        courts deem necessary as a result of the assessments, 
        including--
                  (A) to provide for the safety, well-being, 
                and permanence of children in foster care, as 
                set forth in the Adoption and Safe Families Act 
                of 1997 (Public Law 105-89), including the 
                requirements in the Act related to concurrent 
                planning;
                  (B) to implement a corrective action plan, as 
                necessary, resulting from reviews of child and 
                family service programs under section 1123A of 
                this Act; and
                  (C) to increase and improve engagement of the 
                entire family in court processes relating to 
                child welfare, family preservation, family 
                reunification, and adoption;
          (3) to ensure that the safety, permanence, and well-
        being needs of children are met in a timely and 
        complete manner; and
          (4)(A) to provide for the training of judges, 
        attorneys and other legal personnel in child welfare 
        cases; and
          (B) to increase and improve engagement of the entire 
        family in court processes relating to child welfare, 
        family preservation, family reunification, and 
        adoption.
  (b) Applications.--
          (1) In general.--In order to be eligible to receive a 
        grant under this section, a highest State court shall 
        have in effect a rule requiring State courts to ensure 
        that foster parents, pre-adoptive parents, and relative 
        caregivers of a child in foster care under the 
        responsibility of the State are notified of any 
        proceeding to be held with respect to the child, and 
        shall submit to the Secretary an application at such 
        time, in such form, and including such information and 
        assurances as the Secretary may require, including--
                  (A) in the case of a grant for the purpose 
                described in subsection (a)(3), a description 
                of how courts and child welfare agencies on the 
                local and State levels will collaborate and 
                jointly plan for the collection and sharing of 
                all relevant data and information to 
                demonstrate how improved case tracking and 
                analysis of child abuse and neglect cases will 
                produce safe and timely permanency decisions;
                  (B) in the case of a grant for the purpose 
                described in subsection (a)(4), a demonstration 
                that a portion of the grant will be used for 
                cross-training initiatives that are jointly 
                planned and executed with the State agency or 
                any other agency under contract with the State 
                to administer the State program under the State 
                plan under subpart 1, the State plan approved 
                under section 434, or the State plan approved 
                under part E; and
                  (C) in the case of a grant for any purpose 
                described in subsection (a), a demonstration of 
                meaningful and ongoing collaboration among the 
                courts in the State, the State agency or any 
                other agency under contract with the State who 
                is responsible for administering the State 
                program under part B or E, and, where 
                applicable, Indian tribes.
          (2) Single grant application.--Pursuant to the 
        requirements under paragraph (1) of this subsection, a 
        highest State court desiring a grant under this section 
        shall submit a single application to the Secretary that 
        specifies whether the application is for a grant for--
                  (A) the purposes described in paragraphs (1) 
                and (2) of subsection (a);
                  (B) the purpose described in subsection 
                (a)(3);
                  (C) the purpose described in subsection 
                (a)(4); or
                  (D) the purposes referred to in 2 or more 
                (specifically identified) of subparagraphs (A), 
                (B), and (C) of this paragraph.
  (c) Amount of Grant.--
          (1) In general.--With respect to each of 
        subparagraphs (A), (B), and (C) of subsection (b)(2) 
        that refers to 1 or more grant purposes for which an 
        application of a highest State court is approved under 
        this section, the court shall be entitled to payment, 
        for each of fiscal years 2012 through 2016, from the 
        amount allocated under paragraph (3) of this subsection 
        for grants for the purpose or purposes, of an amount 
        equal to $85,000 plus the amount described in paragraph 
        (2) of this subsection with respect to the purpose or 
        purposes.
          (2) Amount described.--The amount described in this 
        paragraph for any fiscal year with respect to the 
        purpose or purposes referred to in a subparagraph of 
        subsection (b)(2) is the amount that bears the same 
        ratio to the total of the amounts allocated under 
        paragraph (3) of this subsection for grants for the 
        purpose or purposes as the number of individuals in the 
        State who have not attained 21 years of age bears to 
        the total number of such individuals in all States the 
        highest State courts of which have approved 
        applications under this section for grants for the 
        purpose or purposes.
          (3) Allocation of funds.--
                  (A) Mandatory funds.--Of the amounts reserved 
                under section 436(b)(2) for any fiscal year, 
                the Secretary shall allocate--
                          (i) $9,000,000 for grants for the 
                        purposes described in paragraphs (1) 
                        and (2) of subsection (a);
                          (ii) $10,000,000 for grants for the 
                        purpose described in subsection (a)(3);
                          (iii) $10,000,000 for grants for the 
                        purpose described in subsection (a)(4); 
                        and
                          (iv) $1,000,000 for grants to be 
                        awarded on a competitive basis among 
                        the highest courts of Indian tribes or 
                        tribal consortia that--
                                  (I) are operating a program 
                                under part E, in accordance 
                                with section 479B;
                                  (II) are seeking to operate a 
                                program under part E and have 
                                received an implementation 
                                grant under section 476; or
                                  (III) has a court responsible 
                                for proceedings related to 
                                foster care or adoption.
                  (B) Discretionary funds.--The Secretary shall 
                allocate all of the amounts reserved under 
                section 437(b)(2) for grants for the purposes 
                described in paragraphs (1) and (2) of 
                subsection (a).
  (d) Federal Share.--Each highest State court which receives 
funds paid under this section may use such funds to pay not 
more than 75 percent of the cost of activities under this 
section in each of fiscal years 2012 through 2016.
  (e) Funding for Grants for Improved Data Collection and 
Training.--Out of any money in the Treasury of the United 
States not otherwise appropriated, there are appropriated to 
the Secretary, for each of fiscal years 2006 through 2010--
          (1) $10,000,000 for grants referred to in subsection 
        (b)(2)(B); and
          (2) $10,000,000 for grants referred to in subsection 
        (b)(2)(C).
  For fiscal year 2011, out of the amount reserved pursuant to 
section 436(b)(2) for such fiscal year, there are available 
$10,000,000 for grants referred to in subsection (b)(2)(B), and 
$10,000,000 for grants referred to in subsection (b)(2)(C).

           *       *       *       *       *       *       *


                      Subpart 3--Common Provisions

SEC. 440. DATA STANDARDIZATION FOR IMPROVED DATA MATCHING.

  (a) Standard Data Elements.--
          (1) Designation.--The Secretary, in consultation with 
        an interagency work group established by the Office of 
        Management and Budget, and considering State 
        perspectives, shall, by rule, designate standard data 
        elements for any category of information required to be 
        reported under this part.
          (2) Data elements must be nonproprietary and 
        interoperable.--The standard data elements designated 
        under paragraph (1) shall, to the extent practicable, 
        be nonproprietary and interoperable.
          (3) Other requirements.--In designating standard data 
        elements under this subsection, the Secretary shall, to 
        the extent practicable, incorporate--
                  (A) interoperable standards developed and 
                maintained by an international voluntary 
                consensus standards body, as defined by the 
                Office of Management and Budget, such as the 
                International Organization for Standardization;
                  (B) interoperable standards developed and 
                maintained by intergovernmental partnerships, 
                such as the National Information Exchange 
                Model; and
                  (C) interoperable standards developed and 
                maintained by Federal entities with authority 
                over contracting and financial assistance, such 
                as the Federal Acquisition Regulatory Council.
  (b) Data Standards for Reporting.--
          (1) Designation.--The Secretary, in consultation with 
        an interagency work group established by the Office of 
        Management and Budget, and considering State government 
        perspectives, shall, by rule, designate data reporting 
        standards to govern the reporting required under this 
        part.
          (2) Requirements.--The data reporting standards 
        required by paragraph (1) shall, to the extent 
        practicable--
                  (A) incorporate a widely-accepted, non-
                proprietary, searchable, computer-readable 
                format;
                  (B) be consistent with and implement 
                applicable accounting principles; and
                  (C) be capable of being continually upgraded 
                as necessary.
          (3) Incorporation of nonproprietary standards.--In 
        designating reporting standards under this subsection, 
        the Secretary shall, to the extent practicable, 
        incorporate existing nonproprietary standards, such as 
        the eXtensible Business Reporting Language.

           *       *       *       *       *       *       *


    Part E--Federal Payments for Foster Care and Adoption Assistance


                         PURPOSE: APPROPRIATION

  Sec. 470. For the purpose of enabling each State to provide, 
in appropriate cases, foster care and transitional independent 
living programs for children who otherwise would have been 
eligible for assistance under the State's plan approved under 
part A (as such plan was in effect on June 1, 1995) and 
adoption assistance for children with special needs, there are 
authorized to be appropriated for each fiscal year (commencing 
with the fiscal year which begins October 1, 1980) such sums as 
may be necessary to carry out the provisions of this part. The 
sums made available under this section shall be used for making 
payments to States which have submitted, and had approved by 
the Secretary, State plans under this part.

           STATE PLAN FOR FOSTER CARE AND ADOPTION ASSISTANCE

  Sec. 471. (a) In order for a State to be eligible for 
payments under this part, it shall have a plan approved by the 
Secretary which--
          (1) provides for foster care maintenance payments in 
        accordance with section 472 and for adoption assistance 
        in accordance with section 473;
          (2) provides that the State agency responsible for 
        administering the program authorized by subpart 1 of 
        part B of this title shall administer, or supervise the 
        administration of, the program authorized by this part;
          (3) provides that the plan shall be in effect in all 
        political subdivisions of the State, and, if 
        administered by them, be mandatory upon them;
          (4) provides that the State shall assure that the 
        programs at the local level assisted under this part 
        will be coordinated with the programs at the State or 
        local level assisted under parts A and B of this title, 
        under subtitle 1 of title XX of this Act, and under any 
        other appropriate provision of Federal law;
          (5) provides that the State will, in the 
        administration of its programs under this part, use 
        such methods relating to the establishment and 
        maintenance of personnel standards on a merit basis as 
        are found by the Secretary to be necessary for the 
        proper and efficient operation of the programs, except 
        that the Secretary shall exercise no authority with 
        respect to the selection, tenure of office, or 
        compensation of any individual employed in accordance 
        with such methods;
          (6) provides that the State agency referred to in 
        paragraph (2) (hereinafter in this part referred to as 
        the ``State agency'') will make such reports, in such 
        form and containing such information as the Secretary 
        may from time to time require, and comply with such 
        provisions as the Secretary may from time to time find 
        necessary to assure the correctness and verification of 
        such reports;
          (7) provides that the State agency will monitor and 
        conduct periodic evaluations of activities carried out 
        under this part;
          (8) subject to subsection (c), provides safeguards 
        which restrict the use of or disclosure of information 
        concerning individuals assisted under the State plan to 
        purposes directly connected with (A) the administration 
        of the plan of the State approved under this part, the 
        plan or program of the State under part A, B, or D of 
        this title or under title I, V, X, XIV, XVI (as in 
        effect in Puerto Rico, Guam, and the Virgin Islands), 
        XIX, or XX, or the supplemental security income program 
        established by title XVI, (B) any investigation, 
        prosecution, or criminal or civil proceeding, conducted 
        in connection with the administration of any such plan 
        or program, (C) the administration of any other Federal 
        or federally assisted program which provides 
        assistance, in cash or in kind, or services, directly 
        to individuals on the basis of need, (D) any audit or 
        similar activity conducted in connection with the 
        administration of any such plan or program by any 
        governmental agency which is authorized by law to 
        conduct such audit or activity, and (E) reporting and 
        providing information pursuant to paragraph (9) to 
        appropriate authorities with respect to known or 
        suspected child abuse or neglect; and the safeguards so 
        provided shall prohibit disclosure, to any committee or 
        legislative body (other than an agency referred to in 
        clause (D) with respect to an activity referred to in 
        such clause), of any information which identifies by 
        name or address any such applicant or recipient; except 
        that nothing contained herein shall preclude a State 
        from providing standards which restrict disclosures to 
        purposes more limited than those specified herein, or 
        which, in the case of adoptions, prevent disclosure 
        entirely;
          (9) provides that the State agency will--
                  (A) report to an appropriate agency or 
                official, known or suspected instances of 
                physical or mental injury, sexual abuse or 
                exploitation, or negligent treatment or 
                maltreatment of a child receiving aid under 
                part B or this part under circumstances which 
                indicate that the child's health or welfare is 
                threatened thereby;
                  (B) provide such information with respect to 
                a situation described in subparagraph (A) as 
                the State agency may have; and
                  (C) not later than--
                          (i) 1 year after the date of 
                        enactment of this subparagraph, 
                        demonstrate to the Secretary that the 
                        State agency has developed, in 
                        consultation with State and local law 
                        enforcement, juvenile justice systems, 
                        health care providers, education 
                        agencies, and organizations with 
                        experience in dealing with at-risk 
                        children and youth, policies and 
                        procedures (including relevant training 
                        for caseworkers) for identifying, 
                        documenting in agency records, and 
                        determining appropriate services with 
                        respect to--
                                  (I) any child or youth over 
                                whom the State agency has 
                                responsibility for placement, 
                                care, or supervision and who 
                                the State has reasonable cause 
                                to believe is, or is at risk of 
                                being, a sex trafficking victim 
                                (including children for whom a 
                                State child welfare agency has 
                                an open case file but who have 
                                not been removed from the home, 
                                children who have run away from 
                                foster care and who have not 
                                attained 18 years of age or 
                                such older age as the State has 
                                elected under section 475(8) of 
                                this Act, and youth who are not 
                                in foster care but are 
                                receiving services under 
                                section 477 of this Act); and
                                  (II) at the option of the 
                                State, any individual who has 
                                not attained 26 years of age, 
                                without regard to whether the 
                                individual is or was in foster 
                                care under the responsibility 
                                of the State; and
                          (ii) 2 years after such date of 
                        enactment, demonstrate to the Secretary 
                        that the State agency is implementing 
                        the policies and procedures referred to 
                        in clause (i).
          (10) provides--
                  (A) for the establishment or designation of a 
                State authority or authorities that shall be 
                responsible for establishing and maintaining 
                standards for foster family homes and child 
                care institutions which are reasonably in 
                accord with recommended standards of national 
                organizations concerned with standards for the 
                institutions or homes, including standards 
                related to admission policies, safety, 
                sanitation, and protection of civil rights, and 
                which shall permit use of the reasonable and 
                prudent parenting standard;
                  (B) that the standards established pursuant 
                to subparagraph (A) shall be applied by the 
                State to any foster family home or child care 
                institution receiving funds under this part or 
                part B and shall require, as a condition of 
                each contract entered into by a child care 
                institution to provide foster care, the 
                presence on-site of at least 1 official who, 
                with respect to any child placed at the child 
                care institution, is designated to be the 
                caregiver who is authorized to apply the 
                reasonable and prudent parent standard to 
                decisions involving the participation of the 
                child in age or developmentally-appropriate 
                activities, and who is provided with training 
                in how to use and apply the reasonable and 
                prudent parent standard in the same manner as 
                prospective foster parents are provided the 
                training pursuant to paragraph (24);
                  (C) that the standards established pursuant 
                to subparagraph (A) shall include policies 
                related to the liability of foster parents and 
                private entities under contract by the State 
                involving the application of the reasonable and 
                prudent parent standard, to ensure appropriate 
                liability for caregivers when a child 
                participates in an approved activity and the 
                caregiver approving the activity acts in 
                accordance with the reasonable and prudent 
                parent standard; and
                  (D) that a waiver of any standards 
                established pursuant to subparagraph (A) may be 
                made only on a case-by-case basis for nonsafety 
                standards (as determined by the State) in 
                relative foster family homes for specific 
                children in care;
          (11) provides for periodic review of the standards 
        referred to in the preceding paragraph and amounts paid 
        as foster care maintenance payments and adoption 
        assistance to assure their continuing appropriateness;
          (12) provides for granting an opportunity for a fair 
        hearing before the State agency to any individual whose 
        claim for benefits available pursuant to this part is 
        denied or is not acted upon with reasonable promptness;
          (13) provides that the State shall arrange for a 
        periodic and independently conducted audit of the 
        programs assisted under this part and part B of this 
        title, which shall be conducted no less frequently than 
        once every three years;
          (14) provides (A) specific goals (which shall be 
        established by State law on or before October 1, 1982) 
        for each fiscal year (commencing with the fiscal year 
        which begins on October 1, 1983) as to the maximum 
        number of children (in absolute numbers or as a 
        percentage of all children in foster care with respect 
        to whom assistance under the plan is provided during 
        such year) who, at any time during such year, will 
        remain in foster care after having been in such care 
        for a period in excess of twenty-four months, and (B) a 
        description of the steps which will be taken by the 
        State to achieve such goals;
          (15) provides that--
                  (A) in determining reasonable efforts to be 
                made with respect to a child, as described in 
                this paragraph, and in making such reasonable 
                efforts, the child's health and safety shall be 
                the paramount concern;
                  (B) except as provided in subparagraph (D), 
                reasonable efforts shall be made to preserve 
                and reunify 
                families--
                          (i) prior to the placement of a child 
                        in foster care, to prevent or eliminate 
                        the need for removing the child from 
                        the child's home; and
                          (ii) to make it possible for a child 
                        to safely return to the child's home;
                  (C) if continuation of reasonable efforts of 
                the type described in subparagraph (B) is 
                determined to be inconsistent with the 
                permanency plan for the child, reasonable 
                efforts shall be made to place the child in a 
                timely manner in accordance with the permanency 
                plan (including, if appropriate, through an 
                interstate placement), and to complete whatever 
                steps are necessary to finalize the permanent 
                placement of the child;
                  (D) reasonable efforts of the type described 
                in subparagraph (B) shall not be required to be 
                made with respect to a parent of a child if a 
                court of competent jurisdiction has determined 
                that--
                          (i) the parent has subjected the 
                        child to aggravated circumstances (as 
                        defined in State law, which definition 
                        may include but need not be limited to 
                        abandonment, torture, chronic abuse, 
                        and sexual abuse);
                          (ii) the parent has--
                                  (I) committed murder (which 
                                would have been an offense 
                                under section 1111(a) of title 
                                18, United States Code, if the 
                                offense had occurred in the 
                                special maritime or territorial 
                                jurisdiction of the United 
                                States) of another child of the 
                                parent;
                                  (II) committed voluntary 
                                manslaughter (which would have 
                                been an offense under section 
                                1112(a) of title 18, United 
                                States Code, if the offense had 
                                occurred in the special 
                                maritime or territorial 
                                jurisdiction of the United 
                                States) of another child of the 
                                parent;
                                  (III) aided or abetted, 
                                attempted, conspired, or 
                                solicited to commit such a 
                                murder or such a voluntary 
                                manslaughter; or
                                  (IV) committed a felony 
                                assault that results in serious 
                                bodily injury to the child or 
                                another child of the parent; or
                          (iii) the parental rights of the 
                        parent to a sibling have been 
                        terminated involuntarily;
                  (E) if reasonable efforts of the type 
                described in subparagraph (B) are not made with 
                respect to a child as a result of a 
                determination made by a court of competent 
                jurisdiction in accordance with subparagraph 
                (D)--
                          (i) a permanency hearing (as 
                        described in section 475(5)(C)), which 
                        considers in-State and out-of-State 
                        permanent placement options for the 
                        child, shall be held for the child 
                        within 30 days after the determination; 
                        and
                          (ii) reasonable efforts shall be made 
                        to place the child in a timely manner 
                        in accordance with the permanency plan, 
                        and to complete whatever steps are 
                        necessary to finalize the permanent 
                        placement of the child; and
                  (F) reasonable efforts to place a child for 
                adoption or with a legal guardian, including 
                identifying appropriate in-State and out-of-
                State placements may be made concurrently with 
                reasonable efforts of the type described in 
                subparagraph (B);
          (16) provides for the development of a case plan (as 
        defined in section 475(1) and in accordance with the 
        requirements of section 475A) for each child receiving 
        foster care maintenance payments under the State plan 
        and provides for a case review system which meets the 
        requirements described in sections 475(5) and 475A with 
        respect to each such child;
          (17) provides that, where appropriate, all steps will 
        be taken, including cooperative efforts with the State 
        agencies administering the program funded under part A 
        and plan approved under part D, to secure an assignment 
        to the State of any rights to support on behalf of each 
        child receiving foster care maintenance payments under 
        this part;
          (18) not later than January 1, 1997, provides that 
        neither the State nor any other entity in the State 
        that receives funds from the Federal Government and is 
        involved in adoption or foster care placements may--
                  (A) deny to any person the opportunity to 
                become an adoptive or a foster parent, on the 
                basis of the race, color, or national origin of 
                the person, or of the child, involved; or
                  (B) delay or deny the placement of a child 
                for adoption or into foster care, on the basis 
                of the race, color, or national origin of the 
                adoptive or foster parent, or the child, 
                involved;
          (19) provides that the State shall consider giving 
        preference to an adult relative over a non-related 
        caregiver when determining a placement for a child, 
        provided that the relative caregiver meets all relevant 
        State child protection standards;
          (20)(A) provides procedures for criminal records 
        checks, including fingerprint-based checks of national 
        crime information databases (as defined in section 
        534(e)(3)(A) of title 28, United States Code), for any 
        prospective foster or adoptive parent before the foster 
        or adoptive parent may be finally approved for 
        placement of a child regardless of whether foster care 
        maintenance payments or adoption assistance payments 
        are to be made on behalf of the child under the State 
        plan under this part, including procedures requiring 
        that--
                  (i) in any case involving a child on whose 
                behalf such payments are to be so made in which 
                a record check reveals a felony conviction for 
                child abuse or neglect, for spousal abuse, for 
                a crime against children (including child 
                pornography), or for a crime involving 
                violence, including rape, sexual assault, or 
                homicide, but not including other physical 
                assault or battery, if a State finds that a 
                court of competent jurisdiction has determined 
                that the felony was committed at any time, such 
                final approval shall not be granted; and
                  (ii) in any case involving a child on whose 
                behalf such payments are to be so made in which 
                a record check reveals a felony conviction for 
                physical assault, battery, or a drug-related 
                offense, if a State finds that a court of 
                competent jurisdiction has determined that the 
                felony was committed within the past 5 years, 
                such final approval shall not be granted; and
          (B) provides that the State shall--
                  (i) check any child abuse and neglect 
                registry maintained by the State for 
                information on any prospective foster or 
                adoptive parent and on any other adult living 
                in the home of such a prospective parent, and 
                request any other State in which any such 
                prospective parent or other adult has resided 
                in the preceding 5 years, to enable the State 
                to check any child abuse and neglect registry 
                maintained by such other State for such 
                information, before the prospective foster or 
                adoptive parent may be finally approved for 
                placement of a child, regardless of whether 
                foster care maintenance payments or adoption 
                assistance payments are to be made on behalf of 
                the child under the State plan under this part;
                  (ii) comply with any request described in 
                clause (i) that is received from another State; 
                and
                  (iii) have in place safeguards to prevent the 
                unauthorized disclosure of information in any 
                child abuse and neglect registry maintained by 
                the State, and to prevent any such information 
                obtained pursuant to this subparagraph from 
                being used for a purpose other than the 
                conducting of background checks in foster or 
                adoptive placement cases; and
          (C) provides procedures for criminal records checks, 
        including fingerprint-based checks of national crime 
        information databases (as defined in section 
        534(e)(3)(A) of title 28, United States Code), on any 
        relative guardian, and for checks described in 
        subparagraph (B) of this paragraph on any relative 
        guardian and any other adult living in the home of any 
        relative guardian, before the relative guardian may 
        receive kinship guardianship assistance payments on 
        behalf of the child under the State plan under this 
        part;
          (21) provides for health insurance coverage 
        (including, at State option, through the program under 
        the State plan approved under title XIX) for any child 
        who has been determined to be a child with special 
        needs, for whom there is in effect an adoption 
        assistance agreement (other than an agreement under 
        this part) between the State and an adoptive parent or 
        parents, and who the State has determined cannot be 
        placed with an adoptive parent or parents without 
        medical assistance because such child has special needs 
        for medical, mental health, or rehabilitative care, and 
        that with respect to the provision of such health 
        insurance coverage--
                  (A) such coverage may be provided through 1 
                or more State medical assistance programs;
                  (B) the State, in providing such coverage, 
                shall ensure that the medical benefits, 
                including mental health benefits, provided are 
                of the same type and kind as those that would 
                be provided for children by the State under 
                title XIX;
                  (C) in the event that the State provides such 
                coverage through a State medical assistance 
                program other than the program under title XIX, 
                and the State exceeds its funding for services 
                under such other program, any such child shall 
                be deemed to be receiving aid or assistance 
                under the State plan under this part for 
                purposes of section 1902(a)(10)(A)(i)(I); and
                  (D) in determining cost-sharing requirements, 
                the State shall take into consideration the 
                circumstances of the adopting parent or parents 
                and the needs of the child being adopted 
                consistent, to the extent coverage is provided 
                through a State medical assistance program, 
                with the rules under such program;
          (22) provides that, not later than January 1, 1999, 
        the State shall develop and implement standards to 
        ensure that children in foster care placements in 
        public or private agencies are provided quality 
        services that protect the safety and health of the 
        children;
          (23) provides that the State shall not--
                  (A) deny or delay the placement of a child 
                for adoption when an approved family is 
                available outside of the 
                jurisdiction with responsibility for handling 
                the case of the child; or
                  (B) fail to grant an opportunity for a fair 
                hearing, as described in paragraph (12), to an 
                individual whose allegation of a violation of 
                subparagraph (A) of this paragraph is denied by 
                the State or not acted upon by the State with 
                reasonable promptness;
          (24) includes a certification that, before a child in 
        foster care under the responsibility of the State is 
        placed with prospective foster parents, the prospective 
        foster parents will be prepared adequately with the 
        appropriate knowledge and skills to provide for the 
        needs of the child, that the preparation will be 
        continued, as necessary, after the placement of the 
        child, and that the preparation shall include knowledge 
        and skills relating to the reasonable and prudent 
        parent standard for the participation of the child in 
        age or developmentally-appropriate activities, 
        including knowledge and skills relating to the 
        developmental stages of the cognitive, emotional, 
        physical, and behavioral capacities of a child, and 
        knowledge and skills relating to applying the standard 
        to decisions such as whether to allow the child to 
        engage in social, extracurricular, enrichment, 
        cultural, and social activities, including sports, 
        field trips, and overnight activities lasting 1 or more 
        days, and to decisions involving the signing of 
        permission slips and arranging of transportation for 
        the child to and from extracurricular, enrichment, and 
        social activities;
          (25) provide that the State shall have in effect 
        procedures for the orderly and timely interstate 
        placement of children; and procedures implemented in 
        accordance with an interstate compact, if incorporating 
        with the procedures prescribed by paragraph (26), shall 
        be considered to satisfy the requirement of this 
        paragraph;
          (26) provides that--
                  (A)(i) within 60 days after the State 
                receives from another State a request to 
                conduct a study of a home environment for 
                purposes of assessing the safety and 
                suitability of placing a child in the home, the 
                State shall, directly or by contract--
                          (I) conduct and complete the study; 
                        and
                          (II) return to the other State a 
                        report on the results of the study, 
                        which shall address the extent to which 
                        placement in the home would meet the 
                        needs of the child; and
                  (ii) in the case of a home study begun on or 
                before September 30, 2008, if the State fails 
                to comply with clause (i) within the 60-day 
                period as a result of circumstances beyond the 
                control of the State (such as a failure by a 
                Federal agency to provide the results of a 
                background check, or the failure by any entity 
                to provide completed medical forms, requested 
                by the State at least 45 days before the end of 
                the 60-day period), the State shall have 75 
                days to comply with clause (i) if the State 
                documents the circumstances involved and 
                certifies that completing the home study is in 
                the best interests of the child; except that
                  (iii) this subparagraph shall not be 
                construed to require the State to have 
                completed, within the applicable period, the 
                parts of the home study involving the education 
                and training of the prospective foster or 
                adoptive parents;
                  (B) the State shall treat any report 
                described in subparagraph (A) that is received 
                from another State or an Indian tribe (or from 
                a private agency under contract with another 
                State) as meeting any requirements imposed by 
                the State for the completion of a home study 
                before placing a child in the home, unless, 
                within 14 days after receipt of the report, the 
                State determines, based on grounds that are 
                specific to the content of the report, that 
                making a decision in reliance on the report 
                would be contrary to the welfare of the child; 
                and
                  (C) the State shall not impose any 
                restriction on the ability of a State agency 
                administering, or supervising the 
                administration of, a State program operated 
                under a State plan approved under this part to 
                contract with a private agency for the conduct 
                of a home study described in subparagraph (A);
          (27) provides that, with respect to any child in 
        foster care under the responsibility of the State under 
        this part or part B and without regard to whether 
        foster care maintenance payments are made under section 
        472 on behalf of the child, the State has in effect 
        procedures for verifying the citizenship or immigration 
        status of the child;
          (28) at the option of the State, provides for the 
        State to enter into kinship guardianship assistance 
        agreements to provide kinship guardianship assistance 
        payments on behalf of children to grandparents and 
        other relatives who have assumed legal guardianship of 
        the children for whom they have cared as foster parents 
        and for whom they have committed to care on a permanent 
        basis, as provided in section 473(d);
          (29) provides that, within 30 days after the removal 
        of a child from the custody of the parent or parents of 
        the child, the State shall exercise due diligence to 
        identify and provide notice to the following relatives: 
        all adult grandparents, all parents of a sibling of the 
        child, where such parent has legal custody of such 
        sibling, and other adult relatives of the child 
        (including any other adult relatives suggested by the 
        parents), subject to exceptions due to family or 
        domestic violence, that--
                  (A) specifies that the child has been or is 
                being removed from the custody of the parent or 
                parents of the child;
                  (B) explains the options the relative has 
                under Federal, State, and local law to 
                participate in the care and placement of the 
                child, including any options that may be lost 
                by failing to respond to the notice;
                  (C) describes the requirements under 
                paragraph (10) of this subsection to become a 
                foster family home and the additional services 
                and supports that are available for children 
                placed in such a home; and
                  (D) if the State has elected the option to 
                make kinship guardianship assistance payments 
                under paragraph (28) of this subsection, 
                describes how the relative guardian of the 
                child may subsequently enter into an agreement 
                with the State under section 473(d) to receive 
                the payments;
          (30) provides assurances that each child who has 
        attained the minimum age for compulsory school 
        attendance under State law and with respect to whom 
        there is eligibility for a payment under the State plan 
        is a full-time elementary or secondary school student 
        or has completed secondary school, and for purposes of 
        this paragraph, the term ``elementary or secondary 
        school student'' means, with respect to a child, that 
        the child is--
                  (A) enrolled (or in the process of enrolling) 
                in an institution which provides elementary or 
                secondary education, as determined under the 
                law of the State or other jurisdiction in which 
                the institution is located;
                  (B) instructed in elementary or secondary 
                education at home in accordance with a home 
                school law of the State or other jurisdiction 
                in which the home is located;
                  (C) in an independent study elementary or 
                secondary education program in accordance with 
                the law of the State or other jurisdiction in 
                which the program is located, which is 
                administered by the local school or school 
                district; or
                  (D) incapable of attending school on a full-
                time basis due to the medical condition of the 
                child, which incapability is supported by 
                regularly updated information in the case plan 
                of the child;
          (31) provides that reasonable efforts shall be made--
                  (A) to place siblings removed from their home 
                in the same foster care, kinship guardianship, 
                or adoptive placement, unless the State 
                documents that such a joint placement would be 
                contrary to the safety or well-being of any of 
                the siblings; and
                  (B) in the case of siblings removed from 
                their home who are not so jointly placed, to 
                provide for frequent visitation or other 
                ongoing interaction between the siblings, 
                unless that State documents that frequent 
                visitation or other ongoing interaction would 
                be contrary to the safety or well-being of any 
                of the siblings;
          (32) provides that the State will negotiate in good 
        faith with any Indian tribe, tribal organization or 
        tribal consortium in the State that requests to develop 
        an agreement with the State to administer all or part 
        of the program under this part on behalf of Indian 
        children who are under the authority of the tribe, 
        organization, or consortium, including foster care 
        maintenance payments on behalf of children who are 
        placed in State or tribally licensed foster family 
        homes, adoption assistance payments, and, if the State 
        has elected to provide such payments, kinship 
        guardianship assistance payments under section 473(d), 
        and tribal access to resources for administration, 
        training, and data collection under this part;
          (33) provides that the State will inform any 
        individual who is adopting, or whom the State is made 
        aware is considering adopting, a child who is in foster 
        care under the responsibility of the State of the 
        potential eligibility of the individual for a Federal 
        tax credit under section 23 of the Internal Revenue 
        Code of 1986;
          (34) provides that, for each child or youth described 
        in paragraph (9)(C)(i)(I), the State agency shall--
                  (A) not later than 2 years after the date of 
                the enactment of this paragraph, report 
                immediately, and in no case later than 24 hours 
                after receiving information on children or 
                youth who have been identified as being a sex 
                trafficking victim, to the law enforcement 
                authorities; and
                  (B) not later than 3 years after such date of 
                enactment and annually thereafter, report to 
                the Secretary the total number of children and 
                youth who are sex trafficking victims; and
          (35) provides that--
                  (A) not later than 1 year after the date of 
                the enactment of this paragraph, the State 
                shall develop and implement specific protocols 
                for--
                          (i) expeditiously locating any child 
                        missing from foster care;
                          (ii) determining the primary factors 
                        that contributed to the child's running 
                        away or otherwise being absent from 
                        care, and to the extent possible and 
                        appropriate, responding to those 
                        factors in current and subsequent 
                        placements;
                          (iii) determining the child's 
                        experiences while absent from care, 
                        including screening the child to 
                        determine if the child is a possible 
                        sex trafficking victim (as defined in 
                        section 475(9)(A)); and
                          (iv) reporting such related 
                        information as required by the 
                        Secretary; and
                  (B) not later than 2 years after such date of 
                enactment, for each child and youth described 
                in paragraph (9)(C)(i)(I) of this subsection, 
                the State agency shall report immediately, and 
                in no case later than 24 hours after receiving, 
                information on missing or abducted children or 
                youth to the law enforcement authorities for 
                entry into the National Crime Information 
                Center (NCIC) database of the Federal Bureau of 
                Investigation, established pursuant to section 
                534 of title 28, United States Code, and to the 
                National Center for Missing and Exploited 
                Children.
  (b) The Secretary shall approve any plan which complies with 
the provisions of subsection (a) of this section.
  (c) Use of Child Welfare Records in State Court 
Proceedings.--Subsection (a)(8) shall not be construed to limit 
the flexibility of a State in determining State policies 
relating to public access to court proceedings to determine 
child abuse and neglect or other court hearings held pursuant 
to part B or this part, except that such policies shall, at a 
minimum, ensure the safety and well-being of the child, 
parents, and family.
  (d) Annual Reports by the Secretary on Number of Children and 
Youth Reported by States To Be Sex Trafficking Victims.--Not 
later than 4 years after the date of the enactment of this 
subsection and annually thereafter, the Secretary shall report 
to the Congress and make available to the public on the 
Internet website of the Department of Health and Human Services 
the number of children and youth reported in accordance with 
subsection (a)(34)(B) of this section to be sex trafficking 
victims (as defined in section 475(9)(A)).

                FOSTER CARE MAINTENANCE PAYMENTS PROGRAM

  Sec. 472. (a) In General.--
          (1) Eligibility.--Each State with a plan approved 
        under this part shall make foster care maintenance 
        payments on behalf of each child who has been removed 
        from the home of a relative specified in section 406(a) 
        (as in effect on July 16, 1996) into foster care if--
                  (A) the removal and foster care placement 
                met, and the placement continues to meet, the 
                requirements of paragraph (2); and
                  (B) the child, while in the home, would have 
                met the AFDC eligibility requirement of 
                paragraph (3).
          (2) Removal and foster care placement requirements.--
        The removal and foster care placement of a child meet 
        the requirements of this paragraph if--
                  (A) the removal and foster care placement are 
                in accordance with--
                          (i) a voluntary placement agreement 
                        entered into by a parent or legal 
                        guardian of the child who is the 
                        relative referred to in paragraph (1); 
                        or
                          (ii) a judicial determination to the 
                        effect that continuation in the home 
                        from which removed would be contrary to 
                        the welfare of the child and that 
                        reasonable efforts of the type 
                        described in section 471(a)(15) for a 
                        child have been made;
                  (B) the child's placement and care are the 
                responsibility of--
                          (i) the State agency administering 
                        the State plan approved under section 
                        471;
                          (ii) any other public agency with 
                        which the State agency administering or 
                        supervising the administration of the 
                        State plan has made an agreement which 
                        is in effect; or
                          (iii) an Indian tribe or a tribal 
                        organization (as defined in section 
                        479B(a)) or a tribal consortium that 
                        has a plan approved under section 471 
                        in accordance with section 479B; and
                  (C) the child has been placed in a foster 
                family home or child-care institution.
          (3) AFDC eligibility requirement.--
                  (A) In general.--A child in the home referred 
                to in paragraph (1) would have met the AFDC 
                eligibility requirement of this paragraph if 
                the child--
                          (i) would have received aid under the 
                        State plan approved under section 402 
                        (as in effect on July 16, 1996) in the 
                        home, in or for the month in which the 
                        agreement was entered into or court 
                        proceedings leading to the 
                        determination referred to in paragraph 
                        (2)(A)(ii) of this subsection were 
                        initiated; or
                          (ii)(I) would have received the aid 
                        in the home, in or for the month 
                        referred to in clause (i), if 
                        application had been made therefor; or
                          (II) had been living in the home 
                        within 6 months before the month in 
                        which the agreement was entered into or 
                        the proceedings were initiated, and 
                        would have received the aid in or for 
                        such month, if, in such month, the 
                        child had been living in the home with 
                        the relative referred to in paragraph 
                        (1) and application for the aid had 
                        been made.
                  (B) Resources determination.--For purposes of 
                subparagraph (A), in determining whether a 
                child would have received aid under a State 
                plan approved under section 402 (as in effect 
                on July 16, 1996), a child whose resources 
                (determined pursuant to section 402(a)(7)(B), 
                as so in effect) have a combined value of not 
                more than $10,000 shall be considered a child 
                whose resources have a combined value of not 
                more than $1,000 (or such lower amount as the 
                State may determine for purposes of section 
                402(a)(7)(B)).
          (4) Eligibility of certain alien children.--Subject 
        to title IV of the Personal Responsibility and Work 
        Opportunity Reconciliation Act of 1996, if the child is 
        an alien disqualified under section 245A(h) or 210(f) 
        of the Immigration and Nationality Act from receiving 
        aid under the State plan approved under section 402 in 
        or for the month in which the agreement described in 
        paragraph (2)(A)(i) was entered into or court 
        proceedings leading to the determination described in 
        paragraph (2)(A)(ii) were initiated, the child shall be 
        considered to satisfy the requirements of paragraph 
        (3), with respect to the month, if the child would have 
        satisfied the requirements but for the 
        disqualification.
  (b) Foster care maintenance payments may be made under this 
part only on behalf of a child described in subsection (a) of 
this section who is--
          (1) in the foster family home of an individual, 
        whether the payments therefor are made to such 
        individual or to a public or private child-placement or 
        child-care agency, or
          (2) in a child-care institution, whether the payments 
        therefor are made to such institution or to a public or 
        private child-placement or child-care agency, which 
        payments shall be limited so as to include in such 
        payments only those items which are included in the 
        term ``foster care maintenance payments'' (as defined 
        in section 475(4)).
  (c) For the purposes of this part, (1) the term ``foster 
family home'' means a foster family home for children which is 
licensed by the State in which it is situated or has been 
approved, by the agency of such State having responsibility for 
licensing homes of this type, as meeting the standards 
established for such licensing; and (2) the term ``child-care 
institution'' means a private child-care institution, or a 
public child-care institution which accommodates no more than 
twenty-five children, which is licensed by the State in which 
it is situated or has been approved, by the agency of such 
State responsible for licensing or approval of institutions of 
this type, as meeting the standards established for such 
licensing, except, 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, but 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.
  (d) Notwithstanding any other provision of this title, 
Federal payments may be made under this part with respect to 
amounts expended by any State as foster care maintenance 
payments under this section, in the case of children removed 
from their homes pursuant to voluntary placement agreements as 
described in subsection (a), only if (at the time such amounts 
were expended) the State has fulfilled all of the requirements 
of section 422(b)(8).
  (e) No Federal payment may be made under this part with 
respect to amounts expended by any State as foster care 
maintenance payments under this section, in the case of any 
child who was removed from his or her home pursuant to a 
voluntary placement agreement as described in subsection (a) 
and has remained in voluntary placement for a period in excess 
of 180 days, unless there has been a judicial determination by 
a court of competent jurisdiction (within the first 180 days of 
such placement) to the effect that such placement is in the 
best interests of the child.
  (f) For the purposes of this part and part B of this title, 
(1) the term ``voluntary placement'' means an out-of-home 
placement of a minor, by or with participation of a State 
agency, after the parents or guardians of the minor have 
requested the assistance of the agency and signed a voluntary 
placement agreement; and (2) the term ``voluntary placement 
agreement'' means a written agreement, binding on the parties 
to the agreement, between the State agency, any other agency 
acting on its behalf, and the parents or guardians of a minor 
child which specifies, at a minimum, the legal status of the 
child and the rights and obligations of the parents or 
guardians, the child, and the agency while the child is in 
placement.
  (g) In any case where--
          (1) the placement of a minor child in foster care 
        occurred pursuant to a voluntary placement agreement 
        entered into by the parents or guardians of such child 
        as provided in subsection (a), and
          (2) such parents or guardians request (in such manner 
        and form as the Secretary may prescribe) that the child 
        be returned to their home or to the home of a relative,
the voluntary placement agreement shall be deemed to be revoked 
unless the State agency opposes such request and obtains a 
judicial determination, by a court of competent jurisdiction, 
that the return of the child to such home would be contrary to 
the child's best interests.
  (h)(1) For purposes of title XIX, any child with respect to 
whom foster care maintenance payments are made under this 
section is deemed to be a dependent child as defined in section 
406 (as in effect as of July 16, 1996) and deemed to be a 
recipient of aid to families with dependent children under part 
A of this title (as so in effect). For purposes of subtitle 1 
of title XX, any child with respect to whom foster care 
maintenance payments are made under this section is deemed to 
be a minor child in a needy family under a State program funded 
under part A of this title and is deemed to be a recipient of 
assistance under such part.
  (2) For purposes of paragraph (1), a child whose costs in a 
foster family home or child care institution are covered by the 
foster care maintenance payments being made with respect to the 
child's minor parent, as provided in section 475(4)(B), shall 
be considered a child with respect to whom foster care 
maintenance payments are made under this section.
  (i) Administrative Costs Associated With Otherwise Eligible 
Children Not in Licensed Foster Care Settings.--Expenditures by 
a State that would be considered administrative expenditures 
for purposes of section 474(a)(3) if made with respect to a 
child who was residing in a foster family home or child-care 
institution shall be so considered with respect to a child not 
residing in such a home or institution--
          (1) in the case of a child who has been removed in 
        accordance with subsection (a) of this section from the 
        home of a relative specified in section 406(a) (as in 
        effect on July 16, 1996), only for expenditures--
                  (A) with respect to a period of not more than 
                the lesser of 12 months or the average length 
                of time it takes for the State to license or 
                approve a home as a foster home, in which the 
                child is in the home of a relative and an 
                application is pending for licensing or 
                approval of the home as a foster family home; 
                or
                  (B) with respect to a period of not more than 
                1 calendar month when a child moves from a 
                facility not eligible for payments under this 
                part into a foster family home or child care 
                institution licensed or approved by the State; 
                and
          (2) in the case of any other child who is potentially 
        eligible for benefits under a State plan approved under 
        this part and at imminent risk of removal from the 
        home, only if--
                  (A) reasonable efforts are being made in 
                accordance with section 471(a)(15) to prevent 
                the need for, or if necessary to pursue, 
                removal of the child from the home; and
                  (B) the State agency has made, not less often 
                than every 6 months, a determination (or 
                redetermination) as to whether the child 
                remains at imminent risk of removal from the 
                home.

              ADOPTION AND GUARDIANSHIP ASSISTANCE PROGRAM

  Sec. 473. (a)(1)(A) Each State having a plan approved under 
this part shall enter into adoption assistance agreements (as 
defined in section 475(3)) with the adoptive parents of 
children with special needs.
  (B) Under any adoption assistance agreement entered into by a 
State with parents who adopt a child with special needs, the 
State--
          (i) shall make payments of nonrecurring adoption 
        expenses incurred by or on behalf of such parents in 
        connection with the adoption of such child, directly 
        through the State agency or through another public or 
        nonprofit private agency, in amounts determined under 
        paragraph (3), and
          (ii) in any case where the child meets the 
        requirements of paragraph (2), may make adoption 
        assistance payments to such parents, directly through 
        the State agency or through another public or nonprofit 
        private agency, in amounts so determined.
  (2)(A) For purposes of paragraph (1)(B)(ii), a child meets 
the requirements of this paragraph if--
          (i) in the case of a child who is not an applicable 
        child for the fiscal year (as defined in subsection 
        (e)), the child--
                  (I)(aa)(AA) was removed from the home of a 
                relative specified in section 406(a) (as in 
                effect on July 16, 1996) and placed in foster 
                care in accordance with a voluntary placement 
                agreement with respect to which Federal 
                payments are provided under section 474 (or 
                section 403, as such section was in effect on 
                July 16, 1996), or in accordance with a 
                judicial determination to the effect that 
                continuation in the home would be contrary to 
                the welfare of the child; and
                  (BB) met the requirements of section 
                472(a)(3) with respect to the home referred to 
                in subitem (AA) of this item;
                  (bb) meets all of the requirements of title 
                XVI with respect to eligibility for 
                supplemental security income benefits; or
                  (cc) is a child whose costs in a foster 
                family home or child-care institution are 
                covered by the foster care maintenance payments 
                being made with respect to the minor parent of 
                the child as provided in section 475(4)(B); and
                  (II) has been determined by the State, 
                pursuant to subsection (c)(1) of this section, 
                to be a child with special needs; or
          (ii) in the case of a child who is an applicable 
        child for the fiscal year (as so defined), the child--
                  (I)(aa) at the time of initiation of adoption 
                proceedings was in the care of a public or 
                licensed private child placement agency or 
                Indian tribal organization pursuant to--
                          (AA) an involuntary removal of the 
                        child from the home in accordance with 
                        a judicial determination to the effect 
                        that continuation in the home would be 
                        contrary to the welfare of the child; 
                        or
                          (BB) a voluntary placement agreement 
                        or voluntary relinquishment;
                  (bb) meets all medical or disability 
                requirements of title XVI with respect to 
                eligibility for supplemental security income 
                benefits; or
                  (cc) was residing in a foster family home or 
                child care institution with the child's minor 
                parent, and the child's minor parent was in 
                such foster family home or child care 
                institution pursuant to--
                          (AA) an involuntary removal of the 
                        child from the home in accordance with 
                        a judicial determination to the effect 
                        that continuation in the home would be 
                        contrary to the welfare of the child; 
                        or
                          (BB) a voluntary placement agreement 
                        or voluntary relinquishment; and
                  (II) has been determined by the State, 
                pursuant to subsection (c)(2), to be a child 
                with special needs.
  (B) Section 472(a)(4) shall apply for purposes of 
subparagraph (A) of this paragraph, in any case in which the 
child is an alien described in such section.
  (C) A child shall be treated as meeting the requirements of 
this paragraph for the purpose of paragraph (1)(B)(ii) if--
          (i) in the case of a child who is not an applicable 
        child for the fiscal year (as defined in subsection 
        (e)), the child--
                  (I) meets the requirements of subparagraph 
                (A)(i)(II);
                  (II) was determined eligible for adoption 
                assistance payments under this part with 
                respect to a prior adoption;
                  (III) is available for adoption because--
                          (aa) the prior adoption has been 
                        dissolved, and the parental rights of 
                        the adoptive parents have been 
                        terminated; or
                          (bb) the child's adoptive parents 
                        have died; and
                  (IV) fails to meet the requirements of 
                subparagraph (A)(i) but would meet such 
                requirements if--
                          (aa) the child were treated as if the 
                        child were in the same financial and 
                        other circumstances the child was in 
                        the last time the child was determined 
                        eligible for adoption assistance 
                        payments under this part; and
                          (bb) the prior adoption were treated 
                        as never having occurred; or
          (ii) in the case of a child who is an applicable 
        child for the fiscal year (as so defined), the child 
        meets the requirements of subparagraph (A)(ii)(II), is 
        determined eligible for adoption assistance payments 
        under this part with respect to a prior adoption (or 
        who would have been determined eligible for such 
        payments had the Adoption and Safe Families Act of 1997 
        been in effect at the time that such determination 
        would have been made), and is available for adoption 
        because the prior adoption has been dissolved and the 
        parental rights of the adoptive parents have been 
        terminated or because the child's adoptive parents have 
        died.
          (D) In determining the eligibility for adoption 
        assistance payments of a child in a legal guardianship 
        arrangement described in section 471(a)(28), the 
        placement of the child with the relative guardian 
        involved and any kinship guardianship assistance 
        payments made on behalf of the child shall be 
        considered never to have been made.
  (3) The amount of the payments to be made in any case under 
clauses (i) and (ii) of paragraph (1)(B) shall be determined 
through agreement between the adoptive parents and the State or 
local agency administering the program under this section, 
which shall take into consideration the circumstances of the 
adopting parents and the needs of the child being adopted, and 
may be readjusted periodically, with the concurrence of the 
adopting parents (which may be specified in the adoption 
assistance agreement), depending upon changes in such 
circumstances. However, in no case may the amount of the 
adoption assistance payment made under clause (ii) of paragraph 
(1)(B) exceed the foster care maintenance payment which would 
have been paid during the period if the child with respect to 
whom the adoption assistance payment is made had been in a 
foster family home.
  (4)(A) Notwithstanding any other provision of this section, a 
payment may not be made pursuant to this section to parents or 
relative guardians with respect to a child--
          (i) who has attained--
                  (I) 18 years of age, or such greater age as 
                the State may elect under section 
                475(8)(B)(iii); or
                  (II) 21 years of age, if the State determines 
                that the child has a mental or physical 
                handicap which warrants the continuation of 
                assistance;
          (ii) who has not attained 18 years of age, if the 
        State determines that the parents or relative 
        guardians, as the case may be, are no longer legally 
        responsible for the support of the child; or
          (iii) if the State determines that the child is no 
        longer receiving any support from the parents or 
        relative guardians, as the case may be.
  (B) Parents or relative guardians who have been receiving 
adoption assistance payments or kinship guardianship assistance 
payments under this section shall keep the State or local 
agency administering the program under this section informed of 
circumstances which would, pursuant to this subsection, make 
them ineligible for the payments, or eligible for the payments 
in a different amount.
  (5) For purposes of this part, individuals with whom a child 
(who has been determined by the State, pursuant to subsection 
(c), to be a child with special needs) is placed for adoption 
in accordance with applicable State and local law shall be 
eligible for such payments, during the period of the placement, 
on the same terms and subject to the same conditions as if such 
individuals had adopted such child.
  (6)(A) For purposes of paragraph (1)(B)(i), the term 
``nonrecurring adoption expenses'' means reasonable and 
necessary adoption fees, court costs, attorney fees, and other 
expenses which are directly related to the legal adoption of a 
child with special needs and which are not incurred in 
violation of State or Federal law.
  (B) A State's payment of nonrecurring adoption expenses under 
an adoption assistance agreement shall be treated as an 
expenditure made for the proper and efficient administration of 
the State plan for purposes of section 474(a)(3)(E).
  (7)(A) Notwithstanding any other provision of this 
subsection, no payment may be made to parents with respect to 
any applicable child for a fiscal year that--
          (i) would be considered a child with special needs 
        under subsection (c)(2);
          (ii) is not a citizen or resident of the United 
        States; and
          (iii) was adopted outside of the United States or was 
        brought into the United States for the purpose of being 
        adopted.
  (B) Subparagraph (A) shall not be construed as prohibiting 
payments under this part for an applicable child described in 
subparagraph (A) that is placed in foster care subsequent to 
the failure, as determined by the State, of the initial 
adoption of the child by the parents described in subparagraph 
(A).
  (8)(A) A State shall calculate the savings (if any) resulting 
from the application of paragraph (2)(A)(ii) to all applicable 
children for a fiscal year, using a methodology specified by 
the Secretary or an alternate methodology proposed by the State 
and approved by the Secretary.
  (B) A State shall annually report to the Secretary--
          (i) the methodology used to make the calculation 
        described in subparagraph (A), without regard to 
        whether any savings are found;
          (ii) the amount of any savings referred to in 
        subparagraph (A); and
          (iii) how any such savings are spent, accounting for 
        and reporting the spending separately from any other 
        spending reported to the Secretary under part B or this 
        part.
  (C) The Secretary shall make all information reported 
pursuant to subparagraph (B) available on the website of the 
Department of Health and Human Services in a location easily 
accessible to the public.
  (D)(i) A State shall spend an amount equal to the amount of 
the savings (if any) in State expenditures under this part 
resulting from the application of paragraph (2)(A)(ii) to all 
applicable children for a fiscal year, to provide to children 
of families any service that may be provided under part B or 
this part. A State shall spend not less than 30 percent of any 
such savings 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 such 30 
percent requirement being spent on post-adoption and post-
guardianship services.
  (ii) Any State spending required under clause (i) shall be 
used to supplement, and not supplant, any Federal or non-
Federal funds used to provide any service under part B or this 
part.
  (b)(1) For purposes of title XIX, any child who is described 
in paragraph (3) is deemed to be a dependent child as defined 
in section 406 (as in effect as of July 16, 1996) and deemed to 
be a recipient of aid to families with dependent children under 
part A of this title (as so in effect) in the State where such 
child resides.
  (2) For purposes of subtitle 1 of title XX, any child who is 
described in paragraph (3) is deemed to be a minor child in a 
needy family under a State program funded under part A of this 
title and deemed to be a recipient of assistance under such 
part.
  (3) A child described in this paragraph is any child--
          (A)(i) who is a child described in subsection (a)(2), 
        and
          (ii) with respect to whom an adoption assistance 
        agreement is in effect under this section (whether or 
        not adoption assistance payments are provided under the 
        agreement or are being made under this section), 
        including any such child who has been placed for 
        adoption in accordance with applicable State and local 
        law (whether or not an interlocutory or other judicial 
        decree of adoption has been issued),
          (B) with respect to whom foster care maintenance 
        payments are being made under section 472, or
          (C) with respect to whom kinship guardianship 
        assistance payments are being made pursuant to 
        subsection (d).
  (4) For purposes of paragraphs (1) and (2), a child whose 
costs in a foster family home or child-care institution are 
covered by the foster care maintenance payments being made with 
respect to the child's minor parent, as provided in section 
475(4)(B), shall be considered a child with respect to whom 
foster care maintenance payments are being made under section 
472.
  (c) For purposes of this section--
          (1) in the case of a child who is not an applicable 
        child for a fiscal year, the child shall not be 
        considered a child with special needs unless--
                  (A) the State has determined that the child 
                cannot or should not be returned to the home of 
                his parents; and
                  (B) the State had first determined (A) that 
                there exists with respect to the child a 
                specific factor or condition (such as his 
                ethnic background, age, or membership in a 
                minority or sibling group, or the presence of 
                factors such as medical conditions or physical, 
                mental, or emotional handicaps) because of 
                which it is reasonable to conclude that such 
                child cannot be placed with adoptive parents 
                without providing adoption assistance under 
                this section or medical assistance under title 
                XIX, and (B) that, except where it would be 
                against the best interests of the child because 
                of such factors as the existence of significant 
                emotional ties with prospective adoptive 
                parents while in the care of such parents as a 
                foster child, a reasonable, but unsuccessful, 
                effort has been made to place the child with 
                appropriate adoptive parents without providing 
                adoption assistance under this section or 
                medical assistance under title XIX; or
          (2) in the case of a child who is an applicable child 
        for a fiscal year, the child shall not be considered a 
        child with special needs unless--
                  (A) the State has determined, pursuant to a 
                criterion or criteria established by the State, 
                that the child cannot or should not be returned 
                to the home of his parents;
                  (B)(i) the State has determined that there 
                exists with respect to the child a specific 
                factor or condition (such as ethnic background, 
                age, or membership in a minority or sibling 
                group, or the presence of factors such as 
                medical conditions or physical, mental, or 
                emotional handicaps) because of which it is 
                reasonable to conclude that the child cannot be 
                placed with adoptive parents without providing 
                adoption assistance under this section and 
                medical assistance under title XIX; or
                  (ii) the child meets all medical or 
                disability requirements of title XVI with 
                respect to eligibility for supplemental 
                security income benefits; and
                  (C) the State has determined that, except 
                where it would be against the best interests of 
                the child because of such factors as the 
                existence of significant emotional ties with 
                prospective adoptive parents while in the care 
                of the parents as a foster child, a reasonable, 
                but unsuccessful, effort has been made to place 
                the child with appropriate adoptive parents 
                without providing adoption assistance under 
                this section or medical assistance under title 
                XIX.
  (d) Kinship Guardianship Assistance Payments for Children.--
          (1) Kinship guardianship assistance agreement.--
                  (A) In general.--In order to receive payments 
                under section 474(a)(5), a State shall--
                          (i) negotiate and enter into a 
                        written, binding kinship guardianship 
                        assistance agreement with the 
                        prospective relative guardian of a 
                        child who meets the requirements of 
                        this paragraph; and
                          (ii) provide the prospective relative 
                        guardian with a copy of the agreement.
                  (B) Minimum requirements.--The agreement 
                shall specify, at a minimum--
                          (i) the amount of, and manner in 
                        which, each kinship guardianship 
                        assistance payment will be provided 
                        under the agreement, and the manner in 
                        which the payment may be adjusted 
                        periodically, in consultation with the 
                        relative guardian, based on the 
                        circumstances of the relative guardian 
                        and the needs of the child;
                          (ii) the additional services and 
                        assistance that the child and relative 
                        guardian will be eligible for under the 
                        agreement;
                          (iii) the procedure by which the 
                        relative guardian may apply for 
                        additional services as needed; and
                          (iv) subject to subparagraph (D), 
                        that the State will pay the total cost 
                        of nonrecurring expenses associated 
                        with obtaining legal guardianship of 
                        the child, to the extent the total cost 
                        does not exceed $2,000.
                  (C) Interstate applicability.--The agreement 
                shall provide that the agreement shall remain 
                in effect without regard to the State residency 
                of the relative guardian.
                  (D) No effect on federal reimbursement.--
                Nothing in subparagraph (B)(iv) shall be 
                construed as affecting the ability of the State 
                to obtain reimbursement from the Federal 
                Government for costs described in that 
                subparagraph.
          (2) Limitations on amount of kinship guardianship 
        assistance payment.--A kinship guardianship assistance 
        payment on behalf of a child shall not exceed the 
        foster care maintenance payment which would have been 
        paid on behalf of the child if the child had remained 
        in a foster family home.
          (3) Child's eligibility for a kinship guardianship 
        assistance payment.--
                  (A) In general.--A child is eligible for a 
                kinship guardianship assistance payment under 
                this subsection if the State agency determines 
                the following:
                          (i) The child has been--
                                  (I) removed from his or her 
                                home pursuant to a voluntary 
                                placement agreement or as a 
                                result of a judicial 
                                determination to the effect 
                                that continuation in the home 
                                would be contrary to the 
                                welfare of the child; and
                                  (II) eligible for foster care 
                                maintenance payments under 
                                section 472 while residing for 
                                at least 6 consecutive months 
                                in the home of the prospective 
                                relative guardian.
                          (ii) Being returned home or adopted 
                        are not appropriate permanency options 
                        for the child.
                          (iii) The child demonstrates a strong 
                        attachment to the prospective relative 
                        guardian and the relative guardian has 
                        a strong commitment to caring 
                        permanently for the child.
                          (iv) With respect to a child who has 
                        attained 14 years of age, the child has 
                        been consulted regarding the kinship 
                        guardianship arrangement.
                  (B) Treatment of siblings.--With respect to a 
                child described in subparagraph (A) whose 
                sibling or siblings are not so described--
                          (i) the child and any sibling of the 
                        child may be placed in the same kinship 
                        guardianship arrangement, in accordance 
                        with section 471(a)(31), if the State 
                        agency and the relative agree on the 
                        appropriateness of the arrangement for 
                        the siblings; and
                          (ii) kinship guardianship assistance 
                        payments may be paid on behalf of each 
                        sibling so placed.
                  (C) Eligibility not affected by replacement 
                of guardian with a successor guardian.--In the 
                event of the death or incapacity of the 
                relative guardian, the eligibility of a child 
                for a kinship guardianship assistance payment 
                under this subsection shall not be affected by 
                reason of the replacement of the relative 
                guardian with a successor legal guardian named 
                in the kinship guardianship assistance 
                agreement referred to in paragraph (1) 
                (including in any amendment to the agreement), 
                notwithstanding subparagraph (A) of this 
                paragraph and section 471(a)(28).
  (e) Applicable Child Defined.--
          (1) On the basis of age.--
                  (A) In general.--Subject to paragraphs (2) 
                and (3), in this section, the term ``applicable 
                child'' means a child for whom an adoption 
                assistance agreement is entered into under this 
                section during any fiscal year described in 
                subparagraph (B) if the child attained the 
                applicable age for that fiscal year before the 
                end of that fiscal year.
                  (B) Applicable age.--For purposes of 
                subparagraph (A), the applicable age for a 
                fiscal year is as follows:


 
----------------------------------------------------------------------------------------------------------------
                In the case of fiscal year:                                 The applicable age is:
----------------------------------------------------------------------------------------------------------------
2010.......................................................  16
2011.......................................................  14
2012.......................................................  12
2013.......................................................  10
2014.......................................................  8
2015.......................................................  6
2016.......................................................  4
2017.......................................................  2
2018 or thereafter.........................................  any age.
----------------------------------------------------------------------------------------------------------------

          (2) Exception for duration in care.--Notwithstanding 
        paragraph (1) of this subsection, beginning with fiscal 
        year 2010, such term shall include a child of any age 
        on the date on which an adoption assistance agreement 
        is entered into on behalf of the child under this 
        section if the child--
                  (A) has been in foster care under the 
                responsibility of the State for at least 60 
                consecutive months; and
                  (B) meets the requirements of subsection 
                (a)(2)(A)(ii).
          (3) Exception for member of a sibling group.--
        Notwithstanding paragraphs (1) and (2) of this 
        subsection, beginning with fiscal year 2010, such term 
        shall include a child of any age on the date on which 
        an adoption assistance agreement is entered into on 
        behalf of the child under this section without regard 
        to whether the child is described in paragraph (2)(A) 
        of this subsection if the child--
                  (A) is a sibling of a child who is an 
                applicable child for the fiscal year under 
                paragraph (1) or (2) of this subsection;
                  (B) is to be placed in the same adoption 
                placement as an applicable child for the fiscal 
                year who is their sibling; and
                  (C) meets the requirements of subsection 
                (a)(2)(A)(ii).

SEC. 473A. ADOPTION AND LEGAL GUARDIANSHIP INCENTIVE PAYMENTS.

  (a) Grant Authority.--Subject to the availability of such 
amounts as may be provided in advance in appropriations Acts 
for this purpose, the Secretary shall make a grant to each 
State that is an incentive-eligible State for a fiscal year in 
an amount equal to the adoption and legal guardianship 
incentive payment payable to the State under this section for 
the fiscal year, which shall be payable in the immediately 
succeeding fiscal year.
  (b) Incentive-Eligible State.--A State is an incentive-
eligible State for a fiscal year if--
          (1) the State has a plan approved under this part for 
        the fiscal year;
          (2) the State is in compliance with subsection (c) 
        for the fiscal year;
          (3) the State provides health insurance coverage to 
        any child with special needs (as determined under 
        section 473(c)) for whom there is in effect an adoption 
        assistance agreement between a State and an adoptive 
        parent or parents; and
          (4) the fiscal year is any of fiscal years 2013 
        through 2015.
  (c) Data Requirements.--
          (1) In general.--A State is in compliance with this 
        subsection for a fiscal year if the State has provided 
        to the Secretary the data described in paragraph (2)--
                  (A) for fiscal years 1995 through 1997 (or, 
                if the first fiscal year for which the State 
                seeks a grant under this section is after 
                fiscal year 1998, the fiscal year that 
                precedes such first fiscal year); and
                  (B) for each succeeding fiscal year that 
                precedes the fiscal year.
          (2) Determination of rates of adoptions and 
        guardianships based on afcars data.--The Secretary 
        shall determine each of the rates required to be 
        determined under this section with respect to a State 
        and a fiscal year, on the basis of data meeting the 
        requirements of the system established pursuant to 
        section 479, as reported by the State and approved by 
        the Secretary by August 1 of the succeeding fiscal 
        year, and, with respect to the determination of the 
        rates related to foster child guardianships, on the 
        basis of information reported to the Secretary under 
        paragraph (12) of subsection (g).
          (3) No waiver of afcars requirements.--This section 
        shall not be construed to alter or affect any 
        requirement of section 479 or of any regulation 
        prescribed under such section with respect to reporting 
        of data by States, or to waive any penalty for failure 
        to comply with such a requirement.
  (d) Adoption and Legal Guardianship Incentive Payment.--
          (1) In general.--Except as provided in paragraphs (2) 
        and (3), the adoption and legal guardianship incentive 
        payment payable to a State for a fiscal year under this 
        section shall be equal to the sum of--
                  (A) $5,000, multiplied by the amount (if any) 
                by which--
                          (i) the number of foster child 
                        adoptions in the State during the 
                        fiscal year; exceeds
                          (ii) the product (rounded to the 
                        nearest whole number) of--
                                  (I) the base rate of foster 
                                child adoptions for the State 
                                for the fiscal year; and
                                  (II) the number of children 
                                in foster care under the 
                                supervision of the State on the 
                                last day of the preceding 
                                fiscal year;
                  (B) $7,500, multiplied by the amount (if any) 
                by which--
                          (i) the number of pre-adolescent 
                        child adoptions and pre-adolescent 
                        foster child guardianships in the State 
                        during the fiscal year; exceeds
                          (ii) the product (rounded to the 
                        nearest whole number) of--
                                  (I) the base rate of pre-
                                adolescent child adoptions and 
                                pre-adolescent foster child 
                                guardianships for the State for 
                                the fiscal year; and
                                  (II) the number of children 
                                in foster care under the 
                                supervision of the State on the 
                                last day of the preceding 
                                fiscal year who have attained 9 
                                years of age but not 14 years 
                                of age; and
                  (C) $10,000, multiplied by the amount (if 
                any) by which--
                          (i) the number of older child 
                        adoptions and older foster child 
                        guardianships in the State during the 
                        fiscal year; exceeds
                          (ii) the product (rounded to the 
                        nearest whole number) of--
                                  (I) the base rate of older 
                                child adoptions and older 
                                foster child guardianships for 
                                the State for the fiscal year; 
                                and
                                  (II) the number of children 
                                in foster care under the 
                                supervision of the State on the 
                                last day of the preceding 
                                fiscal year who have attained 
                                14 years of age; and
                  (D) $4,000, multiplied by the amount (if any) 
                by which--
                          (i) the number of foster child 
                        guardianships in the State during the 
                        fiscal year; exceeds
                          (ii) the product (rounded to the 
                        nearest whole number) of--
                                  (I) the base rate of foster 
                                child guardianships for the 
                                State for the fiscal year; and
                                  (II) the number of children 
                                in foster care under the 
                                supervision of the State on the 
                                last day of the preceding 
                                fiscal year.
          (2) Pro rata adjustment if insufficient funds 
        available.--For any fiscal year, if the total amount of 
        adoption incentive payments otherwise payable under 
        paragraph (1) for a fiscal year exceeds the amount 
        appropriated pursuant to subsection (h) for the fiscal 
        year, the amount of the adoption incentive payment 
        payable to each State under paragraph (1) for the 
        fiscal year shall be--
                  (A) the amount of the adoption and legal 
                guardianship incentive payment that would 
                otherwise be payable to the State under 
                paragraph (1) for the fiscal year; multiplied 
                by
                  (B) the percentage represented by the amount 
                so appropriated for the fiscal year, divided by 
                the total amount of adoption and legal 
                guardianship incentive payments otherwise 
                payable under paragraph (1) for the fiscal 
                year.
          (3) Increased adoption and legal guardianship 
        incentive payment for timely adoptions.--
                  (A) In general.--If for any of fiscal years 
                2013 through 2015, the total amount of adoption 
                and legal guardianship incentive payments 
                payable under paragraph (1) of this subsection 
                are less than the amount appropriated under 
                subsection (h) for the fiscal year, then, from 
                the remainder of the amount appropriated for 
                the fiscal year that is not required for such 
                payments (in this paragraph referred to as the 
                ``timely adoption award pool''), the Secretary 
                shall increase the adoption incentive payment 
                determined under paragraph (1) for each State 
                that the Secretary determines is a timely 
                adoption award State for the fiscal year by the 
                award amount determined for the fiscal year 
                under subparagraph (C).
                  (B) Timely adoption award state defined.--A 
                State is a timely adoption award State for a 
                fiscal year if the Secretary determines that, 
                for children who were in foster care under the 
                supervision of the State at the time of 
                adoptive placement, the average number of 
                months from removal of children from their home 
                to the placement of children in finalized 
                adoptions is less than 24 months.
                  (C) Award amount.--For purposes of 
                subparagraph (A), the award amount determined 
                under this subparagraph with respect to a 
                fiscal year is the amount equal to the timely 
                adoption award pool for the fiscal year divided 
                by the number of timely adoption award States 
                for the fiscal year.
  (e)  36-month Availability of Incentive Payments.--Payments 
to a State under this section in a fiscal year shall remain 
available for use by the State for the 36-month period 
beginning with the month in which the payments are made.
  (f) Limitations on Use of Incentive Payments.--A State shall 
not expend an amount paid to the State under this section 
except to provide to children or families any service 
(including post-adoption services) that may be provided under 
part B or E, and shall use the amount to supplement, and not 
supplant, any Federal or non-Federal funds used to provide any 
service under part B or E. Amounts expended by a State in 
accordance with the preceding sentence shall be disregarded in 
determining State expenditures for purposes of Federal matching 
payments under sections 424, 434, and 474.
  (g) Definitions.--As used in this section:
          (1) Foster child adoption rate.--The term ``foster 
        child adoption rate'' means, with respect to a State 
        and a fiscal year, the percentage determined by 
        dividing--
                  (A) the number of foster child adoptions 
                finalized in the State during the fiscal year; 
                by
                  (B) the number of children in foster care 
                under the supervision of the State on the last 
                day of the preceding fiscal year.
          (2) Base rate of foster child adoptions.--The term 
        ``base rate of foster child adoptions'' means, with 
        respect to a State and a fiscal year, the lesser of--
                  (A) the foster child adoption rate for the 
                State for the then immediately preceding fiscal 
                year; or
                  (B) the foster child adoption rate for the 
                State for the average of the then immediately 
                preceding 3 fiscal years.
          (3) Foster child adoption.--The term ``foster child 
        adoption'' means the final adoption of a child who, at 
        the time of adoptive placement, was in foster care 
        under the supervision of the State.
          (4) Pre-adolescent child adoption and pre-adolescent 
        foster child guardianship rate.--The term ``pre-
        adolescent child adoption and pre-adolescent foster 
        child guardianship rate'' means, with respect to a 
        State and a fiscal year, the percentage determined by 
        dividing--
                  (A) the number of pre-adolescent child 
                adoptions and pre-adolescent foster child 
                guardianships finalized in the State during the 
                fiscal year; by
                  (B) the number of children in foster care 
                under the supervision of the State on the last 
                day of the preceding fiscal year, who have 
                attained 9 years of age but not 14 years of 
                age.
          (5) Base rate of pre-adolescent child adoptions and 
        pre-adolescent foster child guardianships.--The term 
        ``base rate of pre-adolescent child adoptions and pre-
        adolescent foster child guardianships'' means, with 
        respect to a State and a fiscal year, the lesser of--
                  (A) the pre-adolescent child adoption and 
                pre-adolescent foster child guardianship rate 
                for the State for the then immediately 
                preceding fiscal year; or
                  (B) the pre-adolescent child adoption and 
                pre-adolescent foster child guardianship rate 
                for the State for the average of the then 
                immediately preceding 3 fiscal years.
          (6) Pre-adolescent child adoption and pre-adolescent 
        foster child guardianship.--The term ``pre-adolescent 
        child adoption and pre-adolescent foster child 
        guardianship'' means the final adoption, or the 
        placement into foster child guardianship (as defined in 
        paragraph (12)) of a child who has attained 9 years of 
        age but not 14 years of age if--
                  (A) at the time of the adoptive or foster 
                child guardianship placement, the child was in 
                foster care under the supervision of the State; 
                or
                  (B) an adoption assistance agreement was in 
                effect under section 473(a) with respect to the 
                child.
          (7) Older child adoption and older foster child 
        guardianship rate.--The term ``older child adoption and 
        older foster child guardianship rate'' means, with 
        respect to a State and a fiscal year, the percentage 
        determined by dividing--
                  (A) the number of older child adoptions and 
                older foster child guardianships finalized in 
                the State during the fiscal year; by
                  (B) the number of children in foster care 
                under the supervision of the State on the last 
                day of the preceding fiscal year, who have 
                attained 14 years of age.
          (8) Base rate of older child adoptions and older 
        foster child guardianships.--The term ``base rate of 
        older child adoptions and older foster child 
        guardianships'' means, with respect to a State and a 
        fiscal year, the lesser of--
                  (A) the older child adoption and older foster 
                child guardianship rate for the State for the 
                then immediately preceding fiscal year; or
                  (B) the older child adoption and older foster 
                child guardianship rate for the State for the 
                average of the then immediately preceding 3 
                fiscal years.
          (9) Older child adoption and older foster child 
        guardianship.--The term ``older child adoption and 
        older foster child guardianship'' means the final 
        adoption, or the placement into foster child 
        guardianship (as defined in paragraph (12)) of a child 
        who has attained 14 years of age if--
                  (A) at the time of the adoptive or foster 
                child guardianship placement, the child was in 
                foster care under the supervision of the State; 
                or
                  (B) an adoption assistance agreement was in 
                effect under section 473(a) with respect to the 
                child.
          (10) Foster child guardianship rate.--The term 
        ``foster child guardianship rate'' means, with respect 
        to a State and a fiscal year, the percentage determined 
        by dividing--
                  (A) the number of foster child guardianships 
                occurring in the State during the fiscal year; 
                by
                  (B) the number of children in foster care 
                under the supervision of the State on the last 
                day of the preceding fiscal year.
          (11) Base rate of foster child guardianships.--The 
        term ``base rate of foster child guardianships'' means, 
        with respect to a State and a fiscal year, the lesser 
        of--
                  (A) the foster child guardianship rate for 
                the State for the then immediately preceding 
                fiscal year; or
                  (B) the foster child guardianship rate for 
                the State for the average of the then 
                immediately preceding 3 fiscal years.
          (12) Foster child guardianship.--The term ``foster 
        child guardianship'' means, with respect to a State, 
        the exit of a child from foster care under the 
        responsibility of the State to live with a legal 
        guardian, if the State has reported to the Secretary--
                  (A) that the State agency has determined 
                that--
                          (i) the child has been removed from 
                        his or her home pursuant to a voluntary 
                        placement agreement or as a result of a 
                        judicial determination to the effect 
                        that continuation in the home would be 
                        contrary to the welfare of the child;
                          (ii) being returned home or adopted 
                        are not appropriate permanency options 
                        for the child;
                          (iii) the child demonstrates a strong 
                        attachment to the prospective legal 
                        guardian, and the prospective legal 
                        guardian has a strong commitment to 
                        caring permanently for the child; and
                          (iv) if the child has attained 14 
                        years of age, the child has been 
                        consulted regarding the legal 
                        guardianship arrangement; or
                  (B) the alternative procedures used by the 
                State to determine that legal guardianship is 
                the appropriate option for the child.
  (h) Limitations on Authorization of Appropriations.--
          (1) In general.--For grants under subsection (a), 
        there are authorized to be appropriated to the 
        Secretary--
                  (A) $20,000,000 for fiscal year 1999;
                  (B) $43,000,000 for fiscal year 2000;
                  (C) $20,000,000 for each of fiscal years 2001 
                through 2003; and
                  (D) $43,000,000 for each of fiscal years 2004 
                through 2016.
          (2) Availability.--Amounts appropriated under 
        paragraph (1), or under any other law for grants under 
        subsection (a), are authorized to remain available 
        until expended, but not after fiscal year 2016.
  (i) Technical Assistance.--
          (1) In general.--The Secretary may, directly or 
        through grants or contracts, provide technical 
        assistance to assist States and local communities to 
        reach their targets for increased numbers of adoptions 
        and, to the extent that adoption is not possible, 
        alternative permanent placements, for children in 
        foster care.
          (2) Description of the character of the technical 
        assistance.--The technical assistance provided under 
        paragraph (1) may support the goal of encouraging more 
        adoptions out of the foster care system, when adoptions 
        promote the best interests of children, and may include 
        the following:
                  (A) The development of best practice 
                guidelines for expediting termination of 
                parental rights.
                  (B) Models to encourage the use of concurrent 

                planning.
                  (C) The development of specialized units and 
                expertise in moving children toward adoption as 
                a permanency goal.
                  (D) The development of risk assessment tools 
                to facilitate early identification of the 
                children who will be at risk of harm if 
                returned home.
                  (E) Models to encourage the fast tracking of 
                children who have not attained 1 year of age 
                into pre-adoptive placements.
                  (F) Development of programs that place 
                children into pre-adoptive families without 
                waiting for termination of parental rights.
          (3) Targeting of technical assistance to the 
        courts.--Not less than 50 percent of any amount 
        appropriated pursuant to paragraph (4) shall be used to 
        provide technical assistance to the courts.
          (4) Limitations on authorization of appropriations.--
        To carry out this subsection, there are authorized to 
        be appropriated to the Secretary of Health and Human 
        Services not to exceed $10,000,000 for each of fiscal 
        years 2004 through 2006.

                PAYMENTS TO STATES; ALLOTMENTS TO STATES

  Sec. 474. (a) For each quarter beginning after September 30, 
1980, each State which has a plan approved under this part 
shall be entitled to a payment equal to the sum of--
          (1) 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 such 
        quarter as foster care maintenance payments under 
        section 472 for children in foster family homes or 
        child-care institutions (or, with respect to such 
        payments made during such 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 
        such Indian tribe, tribal organization, or tribal 
        consortium made such 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); plus
          (2) 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 such 
        quarter as adoption assistance payments under section 
        473 pursuant to adoption assistance agreements (or, 
        with respect to such payments made during such 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 such Indian tribe, tribal 
        organization, or tribal consortium made such 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); plus
          (3) subject to section 472(i) an amount equal to the 
        sum of the following proportions of the total amounts 
        expended during such quarter as found necessary by the 
        Secretary for the provision of child placement services 
        and for the proper and efficient administration of the 
        State plan--
                  (A) 75 per centum of so much of such 
                expenditures as are for the training (including 
                both short-and long-term training at 
                educational institutions through grants to such 
                institutions or by direct financial assistance 
                to students enrolled in such institutions) of 
                personnel employed or preparing for employment 
                by the State agency or by the local agency 
                administering the plan in the political 
                subdivision,
                  (B) 75 percent of so much of such 
                expenditures (including travel and per diem 
                expenses) as are for the short-term training of 
                current or prospective foster or adoptive 
                parents or relative guardians, the members of 
                the staff of State-licensed or State-approved 
                child care institutions providing care, or 
                State-licensed or State-approved child welfare 
                agencies providing services, to children 
                receiving assistance under this part, and 
                members of the staff of abuse and neglect 
                courts, agency attorneys, attorneys 
                representing children or parents, guardians ad 
                litem, or other court-appointed special 
                advocates representing children in proceedings 
                of such courts, in ways that increase the 
                ability of such current or prospective parents, 
                guardians, staff members, institutions, 
                attorneys, and advocates to provide support and 
                assistance to foster and adopted children and 
                children living with relative guardians, 
                whether incurred directly by the State or by 
                contract,
                  (C) 50 percent of so much of such 
                expenditures as are for the planning, design, 
                development, or installation of statewide 
                mechanized data collection and information 
                retrieval systems (including 50 percent of the 
                full amount of expenditures for hardware 
                components for such systems) but only to the 
                extent that such systems--
                          (i) meet the requirements imposed by 
                        regulations promulgated pursuant to 
                        section 479(b)(2);
                          (ii) to the extent practicable, are 
                        capable of interfacing with the State 
                        data collection system that collects 
                        information relating to child abuse and 
                        neglect;
                          (iii) to the extent practicable, have 
                        the capability of interfacing with, and 
                        retrieving information from, the State 
                        data collection system that collects 
                        information relating to the eligibility 
                        of individuals under part A (for the 
                        purposes of facilitating verification 
                        of eligibility of foster children); and
                          (iv) are determined by the Secretary 
                        to be likely to provide more efficient, 
                        economical, and effective 
                        administration of the programs carried 
                        out under a State plan approved under 
                        part B or this part; and
                  (D) 50 percent of so much of such 
                expenditures as are for the operation of the 
                statewide mechanized data collection and 
                information retrieval systems referred to in 
                subparagraph (C); and
                  (E) one-half of the remainder of such 
                expenditures; plus
          (4) an amount equal to the amount (if any) by which--
                  (A) the lesser of--
                          (i) 80 percent of the amounts 
                        expended by the State during the fiscal 
                        year in which the quarter occurs to 
                        carry out programs in accordance with 
                        the State application approved under 
                        section 477(b) for the period in which 
                        the quarter occurs (including any 
                        amendment that meets the requirements 
                        of section 477(b)(5)); or
                          (ii) the amount allotted to the State 
                        under section 477(c)(1) for the fiscal 
                        year in which the quarter occurs, 
                        reduced by the total of the amounts 
                        payable to the State under this 
                        paragraph for all prior quarters in the 
                        fiscal year; exceeds
                  (B) the total amount of any penalties 
                assessed against the State under section 477(e) 
                during the fiscal year in which the quarter 
                occurs; plus
          (5) an amount equal to the percentage by which the 
        expenditures referred to in paragraph (2) of this 
        subsection are reimbursed of the total amount expended 
        during such quarter as kinship guardianship assistance 
        payments under section 473(d) pursuant to kinship 
        guardianship assistance agreements.
  (b)(1) The Secretary shall, prior to the beginning of each 
quarter, estimate the amount to which a State will be entitled 
under subsections (a) for such quarter, such estimates to be 
based on (A) a report filed by the State containing its 
estimate of the total sum to be expended in such quarter in 
accordance with subsection (a), and stating the amount 
appropriated or made available by the State and its political 
subdivisions for such expenditures in such quarter, and if such 
amount is less than the State's proportionate share of the 
total sum of such estimated expenditures, the source or sources 
from which the difference is expected to be derived, (B) 
records showing the number of children in the State receiving 
assistance under this part, and (C) such other investigation as 
the Secretary may find necessary.
  (2) The Secretary shall then pay to the State, in such 
installments as he may determine, the amounts so estimated, 
reduced or increased to the extent of any overpayment or 
underpayment which the Secretary determines was made under this 
section to such State for any prior quarter and with respect to 
which adjustment has not already been made under this 
subsection.
  (3) The pro rata share to which the United States is 
equitably entitled, as determined by the Secretary, of the net 
amount recovered during any quarter by the State or any 
political subdivision thereof with respect to foster care and 
adoption assistance furnished under the State plan shall be 
considered an overpayment to be adjusted under this subsection.
  (4)(A) Within 60 days after receipt of a State claim for 
expenditures pursuant to subsection (a), the Secretary shall 
allow, disallow, or defer such claim.
  (B) Within 15 days after a decision to defer such a State 
claim, the Secretary shall notify the State of the reasons for 
the deferral and of the additional information necessary to 
determine the allowability of the claim.
  (C) Within 90 days after receiving such necessary information 
(in readily reviewable form), the Secretary shall--
          (i) disallow the claim, if able to complete the 
        review and determine that the claim is not allowable, 
        or
          (ii) in any other case, allow the claim, subject to 
        disallowance (as necessary)--
                  (I) upon completion of the review, if it is 
                determined that the claim is not allowable; or
                  (II) on the basis of findings of an audit or 
                financial management review.
  (c) Automated Data Collection Expenditures.--The Secretary 
shall treat as necessary for the proper and efficient 
administration of the State plan all expenditures of a State 
necessary in order for the State to plan, design, develop, 
install, and operate data collection and information retrieval 
systems described in subsection (a)(3)(C), without regard to 
whether the systems may be used with respect to foster or 
adoptive children other than those on behalf of whom foster 
care maintenance payments or adoption assistance payments may 
be made under this part.
  (d)(1) If, during any quarter of a fiscal year, a State's 
program operated under this part is found, as a result of a 
review conducted under section 1123A, or otherwise, to have 
violated paragraph (18) or (23) of section 471(a) with respect 
to a person or to have failed to implement a corrective action 
plan within a period of time not to exceed 6 months with 
respect to such violation, then, notwithstanding subsection (a) 
of this section and any regulations promulgated under section 
1123A(b)(3), the Secretary shall reduce the amount otherwise 
payable to the State under this part, for that fiscal year 
quarter and for any subsequent quarter of such fiscal year, 
until the State program is found, as a result of a subsequent 
review under section 1123A, to have implemented a corrective 
action plan with respect to such violation, by--
          (A) 2 percent of such otherwise payable amount, in 
        the case of the 1st such finding for the fiscal year 
        with respect to the State;
          (B) 3 percent of such otherwise payable amount, in 
        the case of the 2nd such finding for the fiscal year 
        with respect to the State; or
          (C) 5 percent of such otherwise payable amount, in 
        the case of the 3rd or subsequent such finding for the 
        fiscal year with respect to the State.
In imposing the penalties described in this paragraph, the 
Secretary shall not reduce any fiscal year payment to a State 
by more than 5 percent.
  (2) Any other entity which is in a State that receives funds 
under this part and which violates paragraph (18) or (23) of 
section 471(a) during a fiscal year quarter with respect to any 
person shall remit to the Secretary all funds that were paid by 
the State to the entity during the quarter from such funds.
  (3)(A) Any individual who is aggrieved by a violation of 
section 471(a)(18) by a State or other entity may bring an 
action seeking relief from the State or other entity in any 
United States district court.
  (B) An action under this paragraph may not be brought more 
than 2 years after the date the alleged violation occurred.
  (4) This subsection shall not be construed to affect the 
application of the Indian Child Welfare Act of 1978.
  (e) Discretionary Grants for Educational and Training 
Vouchers for Youths Aging out of Foster Care.--From amounts 
appropriated pursuant to section 477(h)(2), the Secretary may 
make a grant to a State with a plan approved under this part, 
for a calendar quarter, in an amount equal to the lesser of--
          (1) 80 percent of the amounts expended by the State 
        during the quarter to carry out programs for the 
        purposes described in section 477(a)(6); or
          (2) the amount, if any, allotted to the State under 
        section 477(c)(3) for the fiscal year in which the 
        quarter occurs, reduced by the total of the amounts 
        payable to the State under this subsection for such 
        purposes for all prior quarters in the fiscal year.
  (f)(1) If the Secretary finds that a State has failed to 
submit to the Secretary data, as required by regulation, for 
the data collection system implemented under section 479, the 
Secretary shall, within 30 days after the date by which the 
data was due to be so submitted, notify the State of the 
failure and that payments to the State under this part will be 
reduced if the State fails to submit the data, as so required, 
within 6 months after the date the data was originally due to 
be so submitted.
  (2) If the Secretary finds that the State has failed to 
submit the data, as so required, by the end of the 6-month 
period referred to in paragraph (1) of this subsection, then, 
notwithstanding subsection (a) of this section and any 
regulations promulgated under section 1123A(b)(3), the 
Secretary shall reduce the amounts otherwise payable to the 
State under this part, for each quarter ending in the 6-month 
period (and each quarter ending in each subsequent 
consecutively occurring 6-month period until the Secretary 
finds that the State has submitted the data, as so required), 
by--
          (A) \1/6\ of 1 percent of the total amount expended 
        by the State for administration of foster care 
        activities under the State plan approved under this 
        part in the quarter so ending, in the case of the 1st 
        6-month period during which the failure continues; or
          (B) \1/4\ of 1 percent of the total amount so 
        expended, in the case of the 2nd or any subsequent such 
        6-month period.
  (g) For purposes of this part, after the termination of a 
demonstration project relating to guardianship conducted by a 
State under section 1130, the expenditures of the State for the 
provision, to children who, as of September 30, 2008, were 
receiving assistance or services under the project, of the same 
assistance and services under the same terms and conditions 
that applied during the conduct of the project, are deemed to 
be expenditures under the State plan approved under this part.

                              DEFINITIONS

  Sec. 475. As used in this part or part B of this title:
          (1) The term ``case plan'' means a written document 
        which meets the requirements of section 475A and 
        includes at least the following:
                  (A) A description of the type of home or 
                institution in which a child is to be placed, 
                including a discussion of the safety and 
                appropriateness of the placement and how the 
                agency which is responsible for the child plans 
                to carry out the voluntary placement agreement 
                entered into or judicial determination made 
                with respect to the child in accordance with 
                section 472(a)(1).
                  (B) A plan for assuring that the child 
                receives safe and proper care and that services 
                are provided to the parents, child, and foster 
                parents in order to improve the conditions in 
                the parents' home, facilitate return of the 
                child to his own safe home or the permanent 
                placement of the child, and address the needs 
                of the child while in foster care, including a 
                discussion of the appropriateness of the 
                services that have been provided to the child 
                under the plan. With respect to a child who has 
                attained 14 years of age, the plan developed 
                for the child in accordance with this 
                paragraph, and any revision or addition to the 
                plan, shall be developed in consultation with 
                the child and, at the option of the child, with 
                up to 2 members of the case planning team who 
                are chosen by the child and who are not a 
                foster parent of, or caseworker for, the child. 
                A State may reject an individual selected by a 
                child to be a member of the case planning team 
                at any time if the State has good cause to 
                believe that the individual would not act in 
                the best interests of the child. One individual 
                selected by a child to be a member of the 
                child's case planning team may be designated to 
                be the child's advisor and, as necessary, 
                advocate, with respect to the application of 
                the reasonable and prudent parent standard to 
                the child.
                  (C) The health and education records of the 
                child, including the most recent information 
                available regarding--
                          (i) the names and addresses of the 
                        child's health and educational 
                        providers;
                          (ii) the child's grade level 
                        performance;
                          (iii) the child's school record;
                          (iv) a record of the child's 
                        immunizations;
                          (v) the child's known medical 
                        problems;
                          (vi) the child's medications; and
                          (vii) any other relevant health and 
                        education information concerning the 
                        child determined to be appropriate by 
                        the State agency.
                  (D) For a child who has attained 14 years of 
                age or over, a written description of the 
                programs and services which will help such 
                child prepare for the transition from foster 
                care to a successful adulthood.
                  (E) In the case of a child with respect to 
                whom the permanency plan is adoption or 
                placement in another permanent home, 
                documentation of the steps the agency is taking 
                to find an adoptive family or other permanent 
                living arrangement for the child, to place the 
                child with an adoptive family, a fit and 
                willing relative, a legal guardian, or in 
                another planned permanent living arrangement, 
                and to finalize the adoption or legal 
                guardianship. At a minimum, such documentation 
                shall include child specific recruitment 
                efforts such as the use of State, regional, and 
                national adoption exchanges including 
                electronic exchange systems to facilitate 
                orderly and timely in-State and interstate 
                placements.
                  (F) In the case of a child with respect to 
                whom the permanency plan is placement with a 
                relative and receipt of kinship guardianship 
                assistance payments under section 473(d), a 
                description of--
                          (i) the steps that the agency has 
                        taken to determine that it is not 
                        appropriate for the child to be 
                        returned home or adopted;
                          (ii) the reasons for any separation 
                        of siblings during placement;
                          (iii) the reasons why a permanent 
                        placement with a fit and willing 
                        relative through a kinship guardianship 
                        assistance arrangement is in the 
                        child's best interests;
                          (iv) the ways in which the child 
                        meets the eligibility requirements for 
                        a kinship guardianship assistance 
                        payment;
                          (v) the efforts the agency has made 
                        to discuss adoption by the child's 
                        relative foster parent as a more 
                        permanent alternative to legal 
                        guardianship and, in the case of a 
                        relative foster parent who has chosen 
                        not to pursue adoption, documentation 
                        of the reasons therefor; and
                          (vi) the efforts made by the State 
                        agency to discuss with the child's 
                        parent or parents the kinship 
                        guardianship assistance arrangement, or 
                        the reasons why the efforts were not 
                        made.
                  (G) A plan for ensuring the educational 
                stability of the child while in foster care, 
                including--
                          (i) assurances that each placement of 
                        the child in foster care takes into 
                        account the appropriateness of the 
                        current educational setting and the 
                        proximity to the school in which the 
                        child is enrolled at the time of 
                        placement; and
                          (ii)(I) an assurance that the State 
                        agency has coordinated with appropriate 
                        local educational agencies (as defined 
                        under section 8101 of the Elementary 
                        and Secondary Education Act of 1965) to 
                        ensure that the child remains in the 
                        school in which the child is enrolled 
                        at the time of each placement; or
                  (II) if remaining in such school is not in 
                the best interests of the child, assurances by 
                the State agency and the local educational 
                agencies to provide immediate and appropriate 
                enrollment in a new school, with all of the 
                educational records of the child provided to 
                the school.
          (2) The term ``parents'' means biological or adoptive 
        parents or legal guardians, as determined by applicable 
        State law.
          (3) The term ``adoption assistance agreement'' means 
        a written agreement, binding on the parties to the 
        agreement, between the State agency, other relevant 
        agencies, and the prospective adoptive parents of a 
        minor child which at a minimum (A) specifies the nature 
        and amount of any payments, services, and assistance to 
        be provided under such agreement, and (B) stipulates 
        that the agreement shall remain in effect regardless of 
        the State of which the adoptive parents are residents 
        at any given time. The agreement shall contain 
        provisions for the protection (under an interstate 
        compact approved by the Secretary or otherwise) of the 
        interests of the child in cases where the adoptive 
        parents and child move to another State while the 
        agreement is effective.
          (4)(A) The term ``foster care maintenance payments'' 
        means payments to cover the cost of (and the cost of 
        providing) food, clothing, shelter, daily supervision, 
        school supplies, a child's personal incidentals, 
        liability insurance with respect to a child, reasonable 
        travel to the child's home for visitation, and 
        reasonable travel for the child to remain in the school 
        in which the child is enrolled at the time of 
        placement. In the case of institutional care, such term 
        shall include the reasonable costs of administration 
        and operation of such institution as are necessarily 
        required to provide the items described in the 
        preceding sentence.
                  (B) In cases where--
                          (i) a child placed in a foster family 
                        home or child-care institution is the 
                        parent of a son or daughter who is in 
                        the same home or institution, and
                          (ii) payments described in 
                        subparagraph (A) are being made under 
                        this part with respect to such child,
                the foster care maintenance payments made with 
                respect to such child as otherwise determined 
                under subparagraph (A) shall also include such 
                amounts as may be necessary to cover the cost 
                of the items described in that subparagraph 
                with respect to such son or daughter.
          (5) The term ``case review system'' means a procedure 
        for assuring that--
                  (A) each child has a case plan designed to 
                achieve placement in a safe setting that is the 
                least restrictive (most family like) and most 
                appropriate setting available and in close 
                proximity to the parents' home, consistent with 
                the best interest and special needs of the 
                child, which--
                          (i) if the child has been placed in a 
                        foster family home or child-care 
                        institution a substantial distance from 
                        the home of the parents of the child, 
                        or in a State different from the State 
                        in which such home is located, sets 
                        forth the reasons why such placement is 
                        in the best interests of the child, and
                          (ii) if the child has been placed in 
                        foster care outside the State in which 
                        the home of the parents of the child is 
                        located, requires that, periodically, 
                        but not less frequently than every 6 
                        months, a caseworker on the staff of 
                        the State agency of the State in which 
                        the home of the parents of the child is 
                        located, of the State in which the 
                        child has been placed, or of a private 
                        agency under contract with either such 
                        State, visit such child in such home or 
                        institution and submit a report on such 
                        visit to the State in which the home of 
                        the parents of the child is located,
                  (B) the status of each child is reviewed 
                periodically but no less frequently than once 
                every six months by either a court or by 
                administrative review (as defined in paragraph 
                (6)) in order to determine the safety of the 
                child, the continuing necessity for and 
                appropriateness of the placement, the extent of 
                compliance with the case plan, and the extent 
                of progress which has been made toward 
                alleviating or mitigating the causes 
                necessitating placement in foster care, and to 
                project a likely date by which the child may be 
                returned to and safely maintained in the home 
                or placed for adoption or legal guardianship, 
                and, for a child for whom another planned 
                permanent living arrangement has been 
                determined as the permanency plan, the steps 
                the State agency is taking to ensure the 
                child's foster family home or child care 
                institution is following the reasonable and 
                prudent parent standard and to ascertain 
                whether the child has regular, ongoing 
                opportunities to engage in age or 
                developmentally appropriate activities 
                (including by consulting with the child in an 
                age-appropriate manner about the opportunities 
                of the child to participate in the activities);
                  (C) with respect to each such child, (i) 
                procedural safeguards will be applied, among 
                other things, to assure each child in foster 
                care under the supervision of the State of a 
                permanency hearing to be held, in a family or 
                juvenile court or another court (including a 
                tribal court) of competent jurisdiction, or by 
                an administrative body appointed or approved by 
                the court, no later than 12 months after the 
                date the child is considered to have entered 
                foster care (as determined under subparagraph 
                (F)) (and not less frequently than every 12 
                months thereafter during the continuation of 
                foster care), which hearing shall determine the 
                permanency plan for the child that includes 
                whether, and if applicable when, the child will 
                be returned to the parent, placed for adoption 
                and the State will file a petition for 
                termination of parental rights, or referred for 
                legal guardianship, or only in the case of a 
                child who has attained 16 years of age (in 
                cases where the State agency has documented to 
                the State court a compelling reason for 
                determining, as of the date of the hearing, 
                that it would not be in the best interests of 
                the child to return home, be referred for 
                termination of parental rights, or be placed 
                for adoption, with a fit and willing relative, 
                or with a legal guardian) placed in another 
                planned permanent living arrangement, subject 
                to section 475A(a), in the case of a child who 
                will not be returned to the parent, the hearing 
                shall consider in-State and out-of-State 
                placement options, and, in the case of a child 
                described in subparagraph (A)(ii), the hearing 
                shall determine whether the out-of-State 
                placement continues to be appropriate and in 
                the best interests of the child, and, in the 
                case of a child who has attained age 14, the 
                services needed to assist the child to make the 
                transition from foster care to a successful 
                adulthood; (ii) procedural safeguards shall be 
                applied with respect to parental rights 
                pertaining to the removal of the child from the 
                home of his parents, to a change in the child's 
                placement, and to any determination affecting 
                visitation privileges of parents; (iii) 
                procedural safeguards shall be applied to 
                assure that in any permanency hearing held with 
                respect to the child, including any hearing 
                regarding the transition of the child from 
                foster care to a successful adulthood, the 
                court or administrative body conducting the 
                hearing consults, in an age-appropriate manner, 
                with the child regarding the proposed 
                permanency or transition plan for the child; 
                and (iv) if a child has attained 14 years of 
                age, the permanency plan developed for the 
                child, and any revision or addition to the 
                plan, shall be developed in consultation with 
                the child and, at the option of the child, with 
                not more than 2 members of the permanency 
                planning team who are selected by the child and 
                who are not a foster parent of, or caseworker 
                for, the child, except that the State may 
                reject an individual so selected by the child 
                if the State has good cause to believe that the 
                individual would not act in the best interests 
                of the child, and 1 individual so selected by 
                the child may be designated to be the child's 
                advisor and, as necessary, advocate, with 
                respect to the application of the reasonable 
                and prudent standard to the child;
                  (D) a child's health and education record (as 
                described in paragraph (1)(A)) is reviewed and 
                updated, and a copy of the record is supplied 
                to the foster parent or foster care provider 
                with whom the child is placed, at the time of 
                each placement of the child in foster care, and 
                is supplied to the child at no cost at the time 
                the child leaves foster care if the child is 
                leaving foster care by reason of having 
                attained the age of majority under State law;
                  (E) in the case of a child who has been in 
                foster care under the responsibility of the 
                State for 15 of the most recent 22 months, or, 
                if a court of competent jurisdiction has 
                determined a child to be an abandoned infant 
                (as defined under State law) or has made a 
                determination that the parent has committed 
                murder of another child of the parent, 
                committed voluntary manslaughter of another 
                child of the parent, aided or abetted, 
                attempted, conspired, or solicited to commit 
                such a murder or such a voluntary manslaughter, 
                or committed a felony assault that has resulted 
                in serious bodily injury to the child or to 
                another child of the parent, the State shall 
                file a petition to terminate the parental 
                rights of the child's parents (or, if such a 
                petition has been filed by another party, seek 
                to be joined as a party to the petition), and, 
                concurrently, to identify, recruit, process, 
                and approve a qualified family for an adoption, 
                unless--
                          (i) at the option of the State, the 
                        child is being cared for by a relative;
                          (ii) a State agency has documented in 
                        the case plan (which shall be available 
                        for court review) a compelling reason 
                        for determining that filing such a 
                        petition would not be in the best 
                        interests of the child; or
                          (iii) the State has not provided to 
                        the family of the child, consistent 
                        with the time period in the State case 
                        plan, such services as the State deems 
                        necessary for the safe return of the 
                        child to the child's home, if 
                        reasonable efforts of the type 
                        described in section 471(a)(15)(B)(ii) 
                        are required to be made with respect to 
                        the child;
                  (F) a child shall be considered to have 
                entered foster care on the earlier of--
                          (i) the date of the first judicial 
                        finding that the child has been 
                        subjected to child abuse or neglect; or
                          (ii) the date that is 60 days after 
                        the date on which the child is removed 
                        from the home;
                  (G) the foster parents (if any) of a child 
                and any preadoptive parent or relative 
                providing care for the child are provided with 
                notice of, and a right to be heard in, any 
                proceeding to be held with respect to the 
                child, except that this subparagraph shall not 
                be construed to require that any foster parent, 
                preadoptive parent, or relative providing care 
                for the child be made a party to such a 
                proceeding solely on the basis of such notice 
                and right to be heard;
                  (H) during the 90-day period immediately 
                prior to the date on which the child will 
                attain 18 years of age, or such greater age as 
                the State may elect under paragraph 
                (8)(B)(iii), whether during that period foster 
                care maintenance payments are being made on the 
                child's behalf or the child is receiving 
                benefits or services under section 477, a 
                caseworker on the staff of the State agency, 
                and, as appropriate, other representatives of 
                the child provide the child with assistance and 
                support in developing a transition plan that is 
                personalized at the direction of the child, 
                includes specific options on housing, health 
                insurance, education, local opportunities for 
                mentors and continuing support services, and 
                work force supports and employment services, 
                includes information about the importance of 
                designating another individual to make health 
                care treatment decisions on behalf of the child 
                if the child becomes unable to participate in 
                such decisions and the child does not have, or 
                does not want, a relative who would otherwise 
                be authorized under State law to make such 
                decisions, and provides the child with the 
                option to execute a health care power of 
                attorney, health care proxy, or other similar 
                document recognized under State law, and is as 
                detailed as the child may elect; and
                  (I) each child in foster care under the 
                responsibility of the State who has attained 14 
                years of age receives without cost a copy of 
                any consumer report (as defined in section 
                603(d) of the Fair Credit Reporting Act) 
                pertaining to the child each year until the 
                child is discharged from care, receives 
                assistance (including, when feasible, from any 
                court-appointed advocate for the child) in 
                interpreting and resolving any inaccuracies in 
                the report, and, if the child is leaving foster 
                care by reason of having attained 18 years of 
                age or such greater age as the State has 
                elected under paragraph (8), unless the child 
                has been in foster care for less than 6 months, 
                is not discharged from care without being 
                provided with (if the child is eligible to 
                receive such document) an official or certified 
                copy of the United States birth certificate of 
                the child, a social security card issued by the 
                Commissioner of Social Security, health 
                insurance information, a copy of the child's 
                medical records, and a driver's license or 
                identification card issued by a State in 
                accordance with the requirements of section 202 
                of the REAL ID Act of 2005.
          (6) The term ``administrative review'' means a review 
        open to the participation of the parents of the child, 
        conducted by a panel of appropriate persons at least 
        one of whom is not responsible for the case management 
        of, or the delivery of services to, either the child or 
        the parents who are the subject of the review.
          (7) The term ``legal guardianship'' means a 
        judicially created relationship between child and 
        caretaker which is intended to be permanent and self-
        sustaining as evidenced by the transfer to the 
        caretaker of the following parental rights with respect 
        to the child: protection, education, care and control 
        of the person, custody of the person, and 
        decisionmaking. The term ``legal guardian'' means the 
        caretaker in such a relationship.
          (8)(A) Subject to subparagraph (B), the term 
        ``child'' means an individual who has not attained 18 
        years of age.
          (B) At the option of a State, the term shall include 
        an individual--
                  (i)(I) who is in foster care under the 
                responsibility of the State;
                  (II) with respect to whom an adoption 
                assistance agreement is in effect under section 
                473 if the child had attained 16 years of age 
                before the agreement became effective; or
                  (III) with respect to whom a kinship 
                guardianship assistance agreement is in effect 
                under section 473(d) if the child had attained 
                16 years of age before the agreement became 
                effective;
                  (ii) who has attained 18 years of age;
                  (iii) who has not attained 19, 20, or 21 
                years of age, as the State may elect; and
                  (iv) who is--
                          (I) completing secondary education or 
                        a program leading to an equivalent 
                        credential;
                          (II) enrolled in an institution which 
                        provides post-secondary or vocational 
                        education;
                          (III) participating in a program or 
                        activity designed to promote, or remove 
                        barriers to, employment;
                          (IV) employed for at least 80 hours 
                        per month; or
                          (V) incapable of doing any of the 
                        activities described in subclauses (I) 
                        through (IV) due to a medical 
                        condition, which incapability is 
                        supported by regularly updated 
                        information in the case plan of the 
                        child.
          (9) The term ``sex trafficking victim'' means a 
        victim of--
                  (A) sex trafficking (as defined in section 
                103(10) of the Trafficking Victims Protection 
                Act of 2000); or
                  (B) a severe form of trafficking in persons 
                described in section 103(9)(A) of such Act.
          (10)(A) The term ``reasonable and prudent parent 
        standard'' means the standard characterized by careful 
        and sensible parental decisions that maintain the 
        health, safety, and best interests of a child while at 
        the same time encouraging the emotional and 
        developmental growth of the child, that a caregiver 
        shall use when determining whether to allow a child in 
        foster care under the responsibility of the State to 
        participate in extracurricular, enrichment, cultural, 
        and social activities.
          (B) For purposes of subparagraph (A), the term 
        ``caregiver'' means a foster parent with whom a child 
        in foster care has been placed or a designated official 
        for a child care institution in which a child in foster 
        care has been placed.
          (11)(A) The term ``age or developmentally-
        appropriate'' means--
                  (i) activities or items that are generally 
                accepted as suitable for children of the same 
                chronological age or level of maturity or that 
                are determined to be developmentally-
                appropriate for a child, based on the 
                development of cognitive, emotional, physical, 
                and behavioral capacities that are typical for 
                an age or age group; and
                  (ii) in the case of a specific child, 
                activities or items that are suitable for the 
                child based on the developmental stages 
                attained by the child with respect to the 
                cognitive, emotional, physical, and behavioral 
                capacities of the child.
          (B) In the event that any age-related activities have 
        implications relative to the academic curriculum of a 
        child, nothing in this part or part B shall be 
        construed to authorize an officer or employee of the 
        Federal Government to mandate, direct, or control a 
        State or local educational agency, or the specific 
        instructional content, academic achievement standards 
        and assessments, curriculum, or program of instruction 
        of a school.
          (12) The term ``sibling'' means an individual who 
        satisfies at least one of the following conditions with 
        respect to a child:
                  (A) The individual is considered by State law 
                to be a sibling of the child.
                  (B) The individual would have been considered 
                a sibling of the child under State law but for 
                a termination or other disruption of parental 
                rights, such as the death of a parent.

SEC. 475A. ADDITIONAL CASE PLAN AND CASE REVIEW SYSTEM REQUIREMENTS.

  (a) Requirements for Another Planned Permanent Living 
Arrangement.--In the case of any child for whom another planned 
permanent living arrangement is the permanency plan determined 
for the child under section 475(5)(C), 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) Documentation of intensive, ongoing, unsuccessful 
        efforts for family placement.--At each permanency 
        hearing held with respect to the child, the State 
        agency documents the intensive, ongoing, and, as of the 
        date of the hearing, unsuccessful efforts made by the 
        State agency to return the child home or secure a 
        placement for the child with a fit and willing relative 
        (including adult siblings), a legal guardian, or an 
        adoptive parent, including through efforts that utilize 
        search technology (including social media) to find 
        biological family members for the children.
          (2) Redetermination of appropriateness of placement 
        at each permanency hearing.--The State agency shall 
        implement procedures to ensure that, at each permanency 
        hearing held with respect to the child, the court or 
        administrative body appointed or approved by the court 
        conducting the hearing on the permanency plan for the 
        child does the following:
                  (A) Ask the child about the desired 
                permanency outcome for the child.
                  (B) Make a judicial determination explaining 
                why, as of the date of the hearing, another 
                planned permanent living arrangement is the 
                best permanency plan for the child and provide 
                compelling reasons why it continues to not be 
                in the best interests of the child to--
                          (i) return home;
                          (ii) be placed for adoption;
                          (iii) be placed with a legal 
                        guardian; or
                          (iv) be placed with a fit and willing 
                        relative.
          (3) Demonstration of support for engaging in age or 
        developmentally-appropriate activities and social 
        events.--At each permanency hearing held with respect 
        to the child, the State agency shall document the steps 
        the State agency is taking to ensure that--
                  (A) the child's foster family home or child 
                care institution is following the reasonable 
                and prudent parent standard; and
                  (B) the child has regular, ongoing 
                opportunities to engage in age or 
                developmentally appropriate activities 
                (including by consulting with the child in an 
                age-appropriate manner about the opportunities 
                of the child to participate in the activities).
  (b) List of Rights.--The case plan for any child in foster 
care under the responsibility of the State who has attained 14 
years of age shall include--
          (1) a document that describes the rights of the child 
        with respect to education, health, visitation, and 
        court participation, the right to be provided with the 
        documents specified in section 475(5)(I) in accordance 
        with that section, and the right to stay safe and avoid 
        exploitation; and
          (2) a signed acknowledgment by the child that the 
        child has been provided with a copy of the document and 
        that the rights contained in the document have been 
        explained to the child in an age-appropriate way.

          TECHNICAL ASSISTANCE;DATA COLLECTION AND EVALUATION

  Sec. 476. (a) The Secretary may provide technical assistance 
to the States to assist them to develop the programs authorized 
under this part and shall periodically (1) evaluate the 
programs authorized under this part and part B of this title 
and (2) collect and publish data pertaining to the incidence 
and characteristics of foster care and adoptions in this 
country.
  (b) Each State shall submit statistical reports as the 
Secretary may require with respect to children for whom 
payments are made under this part containing information with 
respect to such children including legal status, demographic 
characteristics, location, and length of any stay in foster 
care.
  (c) Technical Assistance and Implementation Services for 
Tribal Programs.--
          (1) Authority.--The Secretary shall provide technical 
        assistance and implementation services that are 
        dedicated to improving services and permanency outcomes 
        for Indian children and their families through the 
        provision of assistance described in paragraph (2).
          (2) Assistance provided.--
                  (A) In general.--The technical assistance and 
                implementation services shall be to--
                          (i) provide information, advice, 
                        educational materials, and technical 
                        assistance to Indian tribes and tribal 
                        organizations with respect to the types 
                        of services, administrative functions, 
                        data collection, program management, 
                        and reporting that are required under 
                        State plans under part B and this part;
                          (ii) assist and provide technical 
                        assistance to--
                                  (I) Indian tribes, tribal 
                                organizations, and tribal 
                                consortia seeking to operate a 
                                program under part B or under 
                                this part through direct 
                                application to the Secretary 
                                under section 479B; and
                                  (II) Indian tribes, tribal 
                                organizations, tribal 
                                consortia, and States seeking 
                                to develop cooperative 
                                agreements to provide for 
                                payments under this part or 
                                satisfy the requirements of 
                                section 422(b)(9), 471(a)(32), 
                                or 477(b)(3)(G); and
                          (iii) subject to subparagraph (B), 
                        make one-time grants, to tribes, tribal 
                        organizations, or tribal consortia that 
                        are seeking to develop, and intend, not 
                        later than 24 months after receiving 
                        such a grant to submit to the Secretary 
                        a plan under section 471 to implement a 
                        program under this part as authorized 
                        by section 479B, that shall--
                                  (I) not exceed $300,000; and
                                  (II) be used for the cost of 
                                developing a plan under section 
                                471 to carry out a program 
                                under section 479B, including 
                                costs related to development of 
                                necessary data collection 
                                systems, a cost allocation 
                                plan, agency and tribal court 
                                procedures necessary to meet 
                                the case review system 
                                requirements under section 
                                475(5), or any other costs 
                                attributable to meeting any 
                                other requirement necessary for 
                                approval of such a plan under 
                                this part.
                  (B) Grant condition.--
                          (i) In general.--As a condition of 
                        being paid a grant under subparagraph 
                        (A)(iii), a tribe, tribal organization, 
                        or tribal consortium shall agree to 
                        repay the total amount of the grant 
                        awarded if the tribe, tribal 
                        organization, or tribal consortium 
                        fails to submit to the Secretary a plan 
                        under section 471 to carry out a 
                        program under section 479B by the end 
                        of the 24-month period described in 
                        that subparagraph.
                          (ii) Exception.--The Secretary shall 
                        waive the requirement to repay a grant 
                        imposed by clause (i) if the Secretary 
                        determines that a tribe's, tribal 
                        organization's, or tribal consortium's 
                        failure to submit a plan within such 
                        period was the result of circumstances 
                        beyond the control of the tribe, tribal 
                        organization, or tribal consortium.
                  (C) Implementation authority.--The Secretary 
                may provide the technical assistance and 
                implementation services described in 
                subparagraph (A) either directly or through a 
                grant or contract with public or private 
                organizations knowledgeable and experienced in 
                the field of Indian tribal affairs and child 
                welfare.
          (3) Appropriation.--There is appropriated to the 
        Secretary, out of any money in the Treasury of the 
        United States not otherwise appropriated, $3,000,000 
        for fiscal year 2009 and each fiscal year thereafter to 
        carry out this subsection.

SEC. 477. JOHN H. CHAFEE FOSTER CARE INDEPENDENCE PROGRAM.

  (a) Purpose.--The purpose of this section is to provide 
States with flexible funding that will enable programs to be 
designed and conducted--
          (1) to 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 such as assistance in obtaining a 
        high school diploma, career exploration, vocational 
        training, job placement and retention, training in 
        daily living skills, training in budgeting and 
        financial management skills, substance abuse 
        prevention, and preventive health activities (including 
        smoking avoidance, nutrition education, and pregnancy 
        prevention);
          (2) to help children who are likely to remain in 
        foster care until 18 years of age receive the 
        education, training, and services necessary to obtain 
        employment;
          (3) to help children who are likely to remain in 
        foster care until 18 years of age prepare for and enter 
        postsecondary training and education institutions;
          (4) to provide personal and emotional support to 
        children aging out of foster care, through mentors and 
        the promotion of interactions with dedicated adults;
          (5) to provide financial, housing, counseling, 
        employment, education, and other appropriate support 
        and services to former foster care recipients between 
        18 and 21 years of age to complement their own efforts 
        to achieve self-sufficiency and to assure that program 
        participants recognize and accept their personal 
        responsibility for preparing for and then making the 
        transition from adolescence to adulthood;
          (6) to make available vouchers for education and 
        training, including postsecondary training and 
        education, to youths who have aged out of foster care;
          (7) to provide the services referred to in this 
        subsection to children who, after attaining 16 years of 
        age, have left foster care for kinship guardianship or 
        adoption; and
          (8) to ensure children who are likely to remain in 
        foster care until 18 years of age have regular, ongoing 
        opportunities to engage in age or developmentally-
        appropriate activities as defined in section 475(11).
  (b) Applications.--
          (1) In general.--A State may apply for funds from its 
        allotment under subsection (c) for a period of five 
        consecutive fiscal years by submitting to the 
        Secretary, in writing, a plan that meets the 
        requirements of paragraph (2) and the certifications 
        required by paragraph (3) with respect to the plan.
          (2) State plan.--A plan meets the requirements of 
        this paragraph if the plan specifies which State agency 
        or agencies will administer, supervise, or oversee the 
        programs carried out under the plan, and describes how 
        the State intends to do the following:
                  (A) Design and deliver programs to achieve 
                the purposes of this section.
                  (B) Ensure that all political subdivisions in 
                the State are served by the program, though not 
                necessarily in a uniform manner.
                  (C) Ensure that the programs serve children 
                of various ages and at various stages of 
                achieving independence.
                  (D) Involve the public and private sectors in 
                helping adolescents in foster care achieve 
                independence.
                  (E) Use objective criteria for determining 
                eligibility for benefits and services under the 
                programs, and for ensuring fair and equitable 
                treatment of benefit recipients.
                  (F) Cooperate in national evaluations of the 
                effects of the programs in achieving the 
                purposes of this section.
          (3) Certifications.--The certifications required by 
        this paragraph with respect to a plan are the 
        following:
                  (A) A certification by the chief executive 
                officer of the State that the State will 
                provide assistance and services to children who 
                have left foster care because they have 
                attained 18 years of age, and who have not 
                attained 21 years of age.
                  (B) A certification by the chief executive 
                officer of the State that not more than 30 
                percent of the amounts paid to the State from 
                its allotment under subsection (c) for a fiscal 
                year will be expended for room or board for 
                children who have left foster care because they 
                have attained 18 years of age, and who have not 
                attained 21 years of age.
                  (C) A certification by the chief executive 
                officer of the State that none of the amounts 
                paid to the State from its allotment under 
                subsection (c) will be expended for room or 
                board for any child who has not attained 18 
                years of age.
                  (D) A certification by the chief executive 
                officer of the State that the State will use 
                training funds provided under the program of 
                Federal payments for foster care and adoption 
                assistance to provide training to help foster 
                parents, adoptive parents, workers in group 
                homes, and case managers understand and address 
                the issues confronting adolescents preparing 
                for independent living, and will, to the extent 
                possible, coordinate such training with the 
                independent living program conducted for 
                adolescents.
                  (E) A certification by the chief executive 
                officer of the State that the State has 
                consulted widely with public and private 
                organizations in developing the plan and that 
                the State has given all interested members of 
                the public at least 30 days to submit comments 
                on the plan.
                  (F) A certification by the chief executive 
                officer of the State that the State will make 
                every effort to coordinate the State programs 
                receiving funds provided from an allotment made 
                to the State under subsection (c) with other 
                Federal and State programs for youth 
                (especially transitional living youth projects 
                funded under part B of title III of the 
                Juvenile Justice and Delinquency Prevention Act 
                of 1974), abstinence education programs, local 
                housing programs, programs for disabled youth 
                (especially sheltered workshops), and school-
                to-work programs offered by high schools or 
                local workforce agencies.
                  (G) A certification by the chief executive 
                officer of the State that each Indian tribe in 
                the State has been consulted about the programs 
                to be carried out under the plan; that there 
                have been efforts to coordinate the programs 
                with such tribes; that benefits and services 
                under the programs will be made available to 
                Indian children in the State on the same basis 
                as to other children in the State; and that the 
                State will negotiate in good faith with any 
                Indian tribe, tribal organization, or tribal 
                consortium in the State that does not receive 
                an allotment under subsection (j)(4) for a 
                fiscal year and that requests to develop an 
                agreement with the State to administer, 
                supervise, or oversee the programs to be 
                carried out under the plan with respect to the 
                Indian children who are eligible for such 
                programs and who are under the authority of the 
                tribe, organization, or consortium and to 
                receive from the State an appropriate portion 
                of the State allotment under subsection (c) for 
                the cost of such administration, supervision, 
                or oversight.
                  (H) A certification by the chief executive 
                officer of the State that the State will ensure 
                that adolescents participating in the program 
                under this section participate directly in 
                designing their own program activities that 
                prepare them for independent living and that 
                the adolescents accept personal responsibility 
                for living up to their part of the program.
                  (I) A certification by the chief executive 
                officer of the State that the State has 
                established and will enforce standards and 
                procedures to prevent fraud and abuse in the 
                programs carried out under the plan.
                  (J) A certification by the chief executive 
                officer of the State that the State educational 
                and training voucher program under this section 
                is in compliance with the conditions specified 
                in subsection (i), including a statement 
                describing methods the State will use--
                          (i) to ensure that the total amount 
                        of educational assistance to a youth 
                        under this section and under other 
                        Federal and Federally supported 
                        programs does not exceed the limitation 
                        specified in subsection (i)(5); and
                          (ii) to avoid duplication of benefits 
                        under this and any other Federal or 
                        Federally assisted benefit program.
                  (K) A certification by the chief executive 
                officer of the State that the State will ensure 
                that an adolescent participating in the program 
                under this section are provided with education 
                about the importance of designating another 
                individual to make health care treatment 
                decisions on behalf of the adolescent if the 
                adolescent becomes unable to participate in 
                such decisions and the adolescent does not 
                have, or does not want, a relative who would 
                otherwise be authorized under State law to make 
                such decisions, whether a health care power of 
                attorney, health care proxy, or other similar 
                document is recognized under State law, and how 
                to execute such a document if the adolescent 
                wants to do so.
          (4) Approval.--The Secretary shall approve an 
        application submitted by a State pursuant to paragraph 
        (1) for a period if--
                  (A) the application is submitted on or before 
                June 30 of the calendar year in which such 
                period begins; and
                  (B) the Secretary finds that the application 
                contains the material required by paragraph 
                (1).
          (5) Authority to implement certain amendments; 
        notification.--A State with an application approved 
        under paragraph (4) may implement any amendment to the 
        plan contained in the application if the application, 
        incorporating the amendment, would be approvable under 
        paragraph (4). Within 30 days after a State implements 
        any such amendment, the State shall notify the 
        Secretary of the amendment.
          (6) Availability.--The State shall make available to 
        the public any application submitted by the State 
        pursuant to paragraph (1), and a brief summary of the 
        plan contained in the application.
  (c) Allotments to States.--
          (1) General program allotment.--From the amount 
        specified in subsection (h)(1) that remains after 
        applying subsection (g)(2) for a fiscal year, the 
        Secretary shall allot to each State with an application 
        approved under subsection (b) for the fiscal year the 
        amount which bears the ratio to such remaining amount 
        equal to the State foster care ratio, as adjusted in 
        accordance with paragraph (2).
          (2) Hold harmless provision.--
                  (A) In general.--The Secretary shall allot to 
                each State whose allotment for a fiscal year 
                under paragraph (1) is less than the greater of 
                $500,000 or the amount payable to the State 
                under this section for fiscal year 1998, an 
                additional amount equal to the difference 
                between such allotment and such greater amount.
                  (B) Ratable reduction of certain 
                allotments.--In the case of a State not 
                described in subparagraph (A) of this paragraph 
                for a fiscal year, the Secretary shall reduce 
                the amount allotted to the State for the fiscal 
                year under paragraph (1) by the amount that 
                bears the same ratio to the sum of the 
                differences determined under subparagraph (A) 
                of this paragraph for the fiscal year as the 
                excess of the amount so allotted over the 
                greater of $500,000 or the amount payable to 
                the State under this section for fiscal year 
                1998 bears to the sum of such excess amounts 
                determined for all such States.
          (3) Voucher program allotment.--From the amount, if 
        any, appropriated pursuant to subsection (h)(2) for a 
        fiscal year, the Secretary may allot to each State with 
        an application approved under subsection (b) for the 
        fiscal year an amount equal to the State foster care 
        ratio multiplied by the amount so specified.
          (4) State foster care ratio.--In this subsection, the 
        term ``State foster care ratio'' means the ratio of the 
        number of children in foster care under a program of 
        the State in the most recent fiscal year for which the 
        information is available to the total number of 
        children in foster care in all States for the most 
        recent fiscal year.
  (d) Use of Funds.--
          (1) In general.--A State to which an amount is paid 
        from its allotment under subsection (c) may use the 
        amount in any manner that is reasonably calculated to 
        accomplish the purposes of this section.
          (2) No supplantation of other funds available for 
        same general purposes.--The amounts paid to a State 
        from its allotment under subsection (c) shall be used 
        to supplement and not supplant any other funds which 
        are available for the same general purposes in the 
        State.
          (3) Two-year availability of funds.--Payments made to 
        a State under this section for a fiscal year shall be 
        expended by the State in the fiscal year or in the 
        succeeding fiscal year.
          (4) Reallocation of unused funds.--If a State does 
        not apply for funds under this section for a fiscal 
        year within such time as may be provided by the 
        Secretary, the funds to which the State would be 
        entitled for the fiscal year shall be reallocated to 1 
        or more other States on the basis of their relative 
        need for additional payments under this section, as 
        determined by the Secretary.
  (e) Penalties.--
          (1) Use of grant in violation of this part.--If the 
        Secretary is made aware, by an audit conducted under 
        chapter 75 of title 31, United States Code, or by any 
        other means, that a program receiving funds from an 
        allotment made to a State under subsection (c) has been 
        operated in a manner that is inconsistent with, or not 
        disclosed in the State application approved under 
        subsection (b), the Secretary shall assess a penalty 
        against the State in an amount equal to not less than 1 
        percent and not more than 5 percent of the amount of 
        the allotment.
          (2) Failure to comply with data reporting 
        requirement.--The Secretary shall assess a penalty 
        against a State that fails during a fiscal year to 
        comply with an information collection plan implemented 
        under subsection (f) in an amount equal to not less 
        than 1 percent and not more than 5 percent of the 
        amount allotted to the State for the fiscal year.
          (3) Penalties based on degree of noncompliance.--The 
        Secretary shall assess penalties under this subsection 
        based on the degree of noncompliance.
  (f) Data Collection and Performance Measurement.--
          (1) In general.--The Secretary, in consultation with 
        State and local public officials responsible for 
        administering independent living and other child 
        welfare programs, child welfare advocates, Members of 
        Congress, youth service providers, and researchers, 
        shall--
                  (A) develop outcome measures (including 
                measures of educational attainment, high school 
                diploma, employment, avoidance of dependency, 
                homelessness, nonmarital childbirth, 
                incarceration, and high-risk behaviors) that 
                can be used to assess the performance of States 
                in operating independent living programs;
                  (B) identify data elements needed to track--
                          (i) the number and characteristics of 
                        children receiving services under this 
                        section;
                          (ii) the type and quantity of 
                        services being provided; and
                          (iii) State performance on the 
                        outcome measures; and
                  (C) develop and implement a plan to collect 
                the needed information beginning with the 
                second fiscal year beginning after the date of 
                the enactment of this section.
          (2) Report to the congress.--Within 12 months after 
        the date of the enactment of this section, 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 detailing the plans 
        and timetable for collecting from the States the 
        information described in paragraph (1) and a proposal 
        to impose penalties consistent with paragraph (e)(2) on 
        States that do not report data.
  (g) Evaluations.--
          (1) In general.--The Secretary shall conduct 
        evaluations of such State programs funded under this 
        section as the Secretary deems to be innovative or of 
        potential national significance. The evaluation of any 
        such program shall include information on the effects 
        of the program on education, employment, and personal 
        development. To the maximum extent practicable, the 
        evaluations shall be based on rigorous scientific 
        standards including random assignment to treatment and 
        control groups. The Secretary is encouraged to work 
        directly with State and local governments to design 
        methods for conducting the evaluations, directly or by 
        grant, contract, or cooperative agreement.
          (2) Funding of evaluations.--The Secretary shall 
        reserve 1.5 percent of the amount specified in 
        subsection (h) for a fiscal year to carry out, during 
        the fiscal year, evaluation, technical assistance, 
        performance measurement, and data collection activities 
        related to this section, directly or through grants, 
        contracts, or cooperative agreements with appropriate 
        entities.
  (h) Limitations on Authorization of Appropriations.--To carry 
out this section and for payments to States under section 
474(a)(4), there are authorized to be appropriated to the 
Secretary for each fiscal year--
          (1) $140,000,000 or, beginning in fiscal year 2020, 
        $143,000,000, which shall be available for all purposes 
        under this section; and
          (2) an additional $60,000,000, which are authorized 
        to be available for payments to States for education 
        and training vouchers for youths who age out of foster 
        care, to assist the youths to develop skills necessary 
        to lead independent and productive lives.
  (i) Educational and Training Vouchers.--The following 
conditions shall apply to a State educational and training 
voucher program under this section:
          (1) Vouchers under the program may be available to 
        youths otherwise eligible for services under the State 
        program under this section.
          (2) For purposes of the voucher program, youths who, 
        after attaining 16 years of age, are adopted from, or 
        enter kinship guardianship from, foster care may be 
        considered to be youths otherwise eligible for services 
        under the State program under this section.
          (3) The State may allow youths participating in the 
        voucher program on the date they attain 21 years of age 
        to remain eligible until they attain 23 years of age, 
        as long as they are enrolled in a postsecondary 
        education or training program and are making 
        satisfactory progress toward completion of that 
        program.
          (4) The voucher or vouchers provided for an 
        individual under this section--
                  (A) may be available for the cost of 
                attendance at an institution of higher 
                education, as defined in section 102 of the 
                Higher Education Act of 1965; and
                  (B) shall not exceed the lesser of $5,000 per 
                year or the total cost of attendance, as 
                defined in section 472 of that Act.
          (5) The amount of a voucher under this section may be 
        disregarded for purposes of determining the recipient's 
        eligibility for, or the amount of, any other Federal or 
        Federally supported assistance, except that the total 
        amount of educational assistance to a youth under this 
        section and under other Federal and Federally supported 
        programs shall not exceed the total cost of attendance, 
        as defined in section 472 of the Higher Education Act 
        of 1965, and except that the State agency shall take 
        appropriate steps to prevent duplication of benefits 
        under this and other Federal or Federally supported 
        programs.
          (6) The program is coordinated with other appropriate 
        education and training programs.
  (j) Authority for an Indian Tribe, Tribal Organization, or 
Tribal Consortium to Receive an Allotment.--
          (1) In general.--An Indian tribe, tribal 
        organization, or tribal consortium with a plan approved 
        under section 479B, or which is receiving funding to 
        provide foster care under this part pursuant to a 
        cooperative agreement or contract with a State, may 
        apply for an allotment out of any funds authorized by 
        paragraph (1) or (2) (or both) of subsection (h) of 
        this section.
          (2) Application.--A tribe, organization, or 
        consortium desiring an allotment under paragraph (1) of 
        this subsection shall submit an application to the 
        Secretary to directly receive such allotment that 
        includes a plan which--
                  (A) satisfies such requirements of paragraphs 
                (2) and (3) of subsection (b) as the Secretary 
                determines are appropriate;
                  (B) contains a description of the tribe's, 
                organization's, or consortium's consultation 
                process regarding the programs to be carried 
                out under the plan with each State for which a 
                portion of an allotment under subsection (c) 
                would be redirected to the tribe, organization, 
                or consortium; and
                  (C) contains an explanation of the results of 
                such consultation, particularly with respect 
                to--
                          (i) determining the eligibility for 
                        benefits and services of Indian 
                        children to be served under the 
                        programs to be carried out under the 
                        plan; and
                          (ii) the process for consulting with 
                        the State in order to ensure the 
                        continuity of benefits and services for 
                        such children who will transition from 
                        receiving benefits and services under 
                        programs carried out under a State plan 
                        under subsection (b)(2) to receiving 
                        benefits and services under programs 
                        carried out under a plan under this 
                        subsection.
          (3) Payments.--The Secretary shall pay an Indian 
        tribe, tribal organization, or tribal consortium with 
        an application and plan approved under this subsection 
        from the allotment determined for the tribe, 
        organization, or consortium under paragraph (4) of this 
        subsection in the same manner as is provided in section 
        474(a)(4) (and, where requested, and if funds are 
        appropriated, section 474(e)) with respect to a State, 
        or in such other manner as is determined appropriate by 
        the Secretary, except that in no case shall an Indian 
        tribe, a tribal organization, or a tribal consortium 
        receive a lesser proportion of such funds than a State 
        is authorized to receive under those sections.
          (4) Allotment.--From the amounts allotted to a State 
        under subsection (c) of this section for a fiscal year, 
        the Secretary shall allot to each Indian tribe, tribal 
        organization, or tribal consortium with an application 
        and plan approved under this subsection for that fiscal 
        year an amount equal to the tribal foster care ratio 
        determined under paragraph (5) of this subsection for 
        the tribe, organization, or consortium multiplied by 
        the allotment amount of the State within which the 
        tribe, organization, or consortium is located. The 
        allotment determined under this paragraph is deemed to 
        be a part of the allotment determined under section 
        477(c) for the State in which the Indian tribe, tribal 
        organization, or tribal consortium is located.
          (5) Tribal foster care ratio.--For purposes of 
        paragraph (4), the tribal foster care ratio means, with 
        respect to an Indian tribe, tribal organization, or 
        tribal consortium, the ratio of--
                  (A) the number of children in foster care 
                under the responsibility of the Indian tribe, 
                tribal organization, or tribal consortium 
                (either directly or under supervision of the 
                State), in the most recent fiscal year for 
                which the information is available; to
                  (B) the sum of--
                          (i) the total number of children in 
                        foster care under the responsibility of 
                        the State within which the Indian 
                        tribe, tribal organization, or tribal 
                        consortium is located; and
                          (ii) the total number of children in 
                        foster care under the responsibility of 
                        all Indian tribes, tribal 
                        organizations, or tribal consortia in 
                        the State (either directly or under 
                        supervision of the State) that have a 
                        plan approved under this subsection.

           *       *       *       *       *       *       *


SEC. 479A. ANNUAL REPORT.

  (a) In General.--The Secretary, in consultation with 
Governors, State legislatures, State and local public officials 
responsible for administering child welfare programs, and child 
welfare advocates, shall--
          (1) develop a set of outcome measures (including 
        length of stay in foster care, number of foster care 
        placements, and number of adoptions) that can be used 
        to assess the performance of States in operating child 
        protection and child welfare programs pursuant to parts 
        B and E to ensure the safety of children;
          (2) to the maximum extent possible, the outcome 
        measures should be developed from data available from 
        the Adoption and Foster Care Analysis and Reporting 
        System;
          (3) develop a system for rating the performance of 
        States with respect to the outcome measures, and 
        provide to the States an explanation of the rating 
        system and how scores are determined under the rating 
        system;
          (4) prescribe such regulations as may be necessary to 
        ensure that States provide to the Secretary the data 
        necessary to determine State performance with respect 
        to each outcome measure, as a condition of the State 
        receiving funds under this part;
          (5) on May 1, 1999, and annually thereafter, prepare 
        and submit to the Congress a report on the performance 
        of each State on each outcome measure, which shall 
        examine the reasons for high performance and low 
        performance and, where possible, make recommendations 
        as to how State performance could be improved;
          (6) include in the report submitted pursuant to 
        paragraph (5) for fiscal year 2007 or any succeeding 
        fiscal year, State-by-State data on--
                  (A) the percentage of children in foster care 
                under the responsibility of the State who were 
                visited on a monthly basis by the caseworker 
                handling the case of the child;
                  (B) the total number of visits made by 
                caseworkers on a monthly basis to children in 
                foster care under the responsibility of the 
                State during a fiscal year as a percentage of 
                the total number of the visits that would occur 
                during the fiscal year if each child were so 
                visited once every month while in such care; 
                and
                  (C) the percentage of the visits that 
                occurred in the residence of the child; and
          (7) include in the report submitted pursuant to 
        paragraph (5) for fiscal year 2016 or any succeeding 
        fiscal year, State-by-State data on--
                  (A) children in foster care who have been 
                placed in a child care institution or other 
                setting that is not a foster family home, 
                including--
                          (i) the number of children in the 
                        placements and their ages, including 
                        separately, the number and ages of 
                        children who have a permanency plan of 
                        another planned permanent living 
                        arrangement;
                          (ii) the duration of the placement in 
                        the settings (including for children 
                        who have a permanency plan of another 
                        planned permanent living arrangement);
                          (iii) the types of child care 
                        institutions used (including group 
                        homes, residential treatment, shelters, 
                        or other congregate care settings);
                          (iv) with respect to each child care 
                        institution or other setting that is 
                        not a foster family home, the number of 
                        children in foster care residing in 
                        each such institution or non-foster 
                        family home;
                          (v) any clinically diagnosed special 
                        need of such children; and
                          (vi) the extent of any specialized 
                        education, treatment, counseling, or 
                        other services provided in the 
                        settings; and
                  (B) children in foster care who are pregnant 
                or parenting.
  (b) Consultation on Other Issues.--The Secretary shall 
consult with States and organizations with an interest in child 
welfare, including organizations that provide adoption and 
foster care services, and shall take into account requests from 
Members of Congress, in selecting other issues to be analyzed 
and reported on under this section using data available to the 
Secretary, including data reported by States through the 
Adoption and Foster Care Analysis and Reporting System and to 
the National Youth in Transition Database.

SEC. 479B. PROGRAMS OPERATED BY INDIAN TRIBAL ORGANIZATIONS.

  (a) Definitions of Indian Tribe; Tribal Organizations.--In 
this section, the terms ``Indian tribe'' and ``tribal 
organization'' have the meanings given those terms in section 4 
of the Indian Self-Determination and Education Assistance Act 
(25 U.S.C. 450b).
  (b) Authority.--Except as otherwise provided in this section, 
this part shall apply in the same manner as this part applies 
to a State to an Indian tribe, tribal organization, or tribal 
consortium that elects to operate a program under this part and 
has a plan approved by the Secretary under section 471 in 
accordance with this section.
  (c) Plan Requirements.--
          (1) In general.--An Indian tribe, tribal 
        organization, or tribal consortium that elects to 
        operate a program under this part shall include with 
        its plan submitted under section 471 the following:
                  (A) Financial management.--Evidence 
                demonstrating that the tribe, organization, or 
                consortium has not had any uncorrected 
                significant or material audit exceptions under 
                Federal grants or contracts that directly 
                relate to the administration of social services 
                for the 3-year period prior to the date on 
                which the plan is submitted.
                  (B) Service areas and populations.--For 
                purposes of complying with section 471(a)(3), a 
                description of the service area or areas and 
                populations to be served under the plan and an 
                assurance that the plan shall be in effect in 
                all service area or areas and for all 
                populations served by the tribe, organization, 
                or consortium.
                  (C) Eligibility.--
                          (i) In general.--Subject to clause 
                        (ii) of this subparagraph, an assurance 
                        that the plan will provide--
                                  (I) foster care maintenance 
                                payments under section 472 only 
                                on behalf of children who 
                                satisfy the eligibility 
                                requirements of section 472(a);
                                  (II) adoption assistance 
                                payments under section 473 
                                pursuant to adoption assistance 
                                agreements only on behalf of 
                                children who satisfy the 
                                eligibility requirements for 
                                such payments under that 
                                section; and
                                  (III) at the option of the 
                                tribe, organization, or 
                                consortium, kinship 
                                guardianship assistance 
                                payments in accordance with 
                                section 473(d) only on behalf 
                                of children who meet the 
                                requirements of section 
                                473(d)(3).
                          (ii) Satisfaction of foster care 
                        eligibility requirements.--For purposes 
                        of determining whether a child whose 
                        placement and care are the 
                        responsibility of an Indian tribe, 
                        tribal organization, or tribal 
                        consortium with a plan approved under 
                        section 471 in accordance with this 
                        section satisfies the requirements of 
                        section 472(a), the following shall 
                        apply:
                                  (I) Use of affidavits, etc.--
                                Only with respect to the first 
                                12 months for which such plan 
                                is in effect, the requirement 
                                in paragraph (1) of section 
                                472(a) shall not be interpreted 
                                so as to prohibit the use of 
                                affidavits or nunc pro tunc 
                                orders as verification 
                                documents in support of the 
                                reasonable efforts and contrary 
                                to the welfare of the child 
                                judicial determinations 
                                required under that paragraph.
                                  (II) Afdc eligibility 
                                requirement.--The State plan 
                                approved under section 402 (as 
                                in effect on July 16, 1996) of 
                                the State in which the child 
                                resides at the time of removal 
                                from the home shall apply to 
                                the determination of whether 
                                the child satisfies section 
                                472(a)(3).
                  (D) Option to claim in-kind expenditures from 
                third-party sources for non-federal share of 
                administrative and training costs during 
                initial implementation period.--Only for fiscal 
                year quarters beginning after September 30, 
                2009, and before October 1, 2014, a list of the 
                in-kind expenditures (which shall be fairly 
                evaluated, and may include plants, equipment, 
                administration, or services) and the third-
                party sources of such expenditures that the 
                tribe, organization, or consortium may claim as 
                part of the non-Federal share of administrative 
                or training expenditures attributable to such 
                quarters for purposes of receiving payments 
                under section 474(a)(3). The Secretary shall 
                permit a tribe, organization, or consortium to 
                claim in-kind expenditures from third party 
                sources for such purposes during such quarters 
                subject to the following:
                          (i) No effect on authority for 
                        tribes, organizations, or consortia to 
                        claim expenditures or indirect costs to 
                        the same extent as states.--Nothing in 
                        this subparagraph shall be construed as 
                        preventing a tribe, organization, or 
                        consortium from claiming any 
                        expenditures or indirect costs for 
                        purposes of receiving payments under 
                        section 474(a) that a State with a plan 
                        approved under section 471(a) could 
                        claim for such purposes.
                          (ii) Fiscal year 2010 or 2011.--
                                  (I) Expenditures other than 
                                for training.--With respect to 
                                amounts expended during a 
                                fiscal year quarter beginning 
                                after September 30, 2009, and 
                                before October 1, 2011, for 
                                which the tribe, organization, 
                                or consortium is eligible for 
                                payments under subparagraph 
                                (C), (D), or (E) of section 
                                474(a)(3), not more than 25 
                                percent of such amounts may 
                                consist of in-kind expenditures 
                                from third-party sources 
                                specified in the list required 
                                under this subparagraph to be 
                                submitted with the plan.
                                  (II) Training expenditures.--
                                With respect to amounts 
                                expended during a fiscal year 
                                quarter beginning after 
                                September 30, 2009, and before 
                                October 1, 2011, for which the 
                                tribe, organization, or 
                                consortium is eligible for 
                                payments under subparagraph (A) 
                                or (B) of section 474(a)(3), 
                                not more than 12 percent of 
                                such amounts may consist of in-
                                kind expenditures from third-
                                party sources that are 
                                specified in such list and 
                                described in subclause (III).
                                  (III) Sources described.--For 
                                purposes of subclause (II), the 
                                sources described in this 
                                subclause are the following:
                                          (aa) A State or local 
                                        government.
                                          (bb) An Indian tribe, 
                                        tribal organization, or 
                                        tribal consortium other 
                                        than the tribe, 
                                        organization, or 
                                        consortium submitting 
                                        the plan.
                                          (cc) A public 
                                        institution of higher 
                                        education.
                                          (dd) A Tribal College 
                                        or University (as 
                                        defined in section 316 
                                        of the Higher Education 
                                        Act of 1965 (20 U.S.C. 
                                        1059c)).
                                          (ee) A private 
                                        charitable 
                                        organization.
                          (iii) Fiscal year 2012, 2013, or 
                        2014.--
                                  (I) In general.--Except as 
                                provided in subclause (II) of 
                                this clause and clause (v) of 
                                this subparagraph, with respect 
                                to amounts expended during any 
                                fiscal year quarter beginning 
                                after September 30, 2011, and 
                                before October 1, 2014, for 
                                which the tribe, organization, 
                                or consortium is eligible for 
                                payments under any subparagraph 
                                of section 474(a)(3) of this 
                                Act, the only in-kind 
                                expenditures from third-party 
                                sources that may be claimed by 
                                the tribe, organization, or 
                                consortium for purposes of 
                                determining the non-Federal 
                                share of such expenditures 
                                (without regard to whether the 
                                expenditures are specified on 
                                the list required under this 
                                subparagraph to be submitted 
                                with the plan) are in-kind 
                                expenditures that are specified 
                                in regulations promulgated by 
                                the Secretary under section 
                                301(e)(2) of the Fostering 
                                Connections to Success and 
                                Increasing Adoptions Act of 
                                2008 and are from an applicable 
                                third-party source specified in 
                                such regulations, and do not 
                                exceed the applicable 
                                percentage for claiming such 
                                in-kind expenditures specified 
                                in the regulations.
                                  (II) Transition period for 
                                early approved tribes, 
                                organizations, or consortia.--
                                Subject to clause (v), if the 
                                tribe, organization, or 
                                consortium is an early approved 
                                tribe, organization, or 
                                consortium (as defined in 
                                subclause (III) of this 
                                clause), the Secretary shall 
                                not require the tribe, 
                                organization, or consortium to 
                                comply with such regulations 
                                before October 1, 2013. Until 
                                the earlier of the date such 
                                tribe, organization, or 
                                consortium comes into 
                                compliance with such 
                                regulations or October 1, 2013, 
                                the limitations on the claiming 
                                of in-kind expenditures from 
                                third-party sources under 
                                clause (ii) shall continue to 
                                apply to such tribe, 
                                organization, or consortium 
                                (without regard to fiscal 
                                limitation) for purposes of 
                                determining the non-Federal 
                                share of amounts expended by 
                                the tribe, organization, or 
                                consortium during any fiscal 
                                year quarter that begins after 
                                September 30, 2011, and before 
                                such date of compliance or 
                                October 1, 2013, whichever is 
                                earlier.
                                  (III) Definition of early 
                                approved tribe, organization, 
                                or consortium.--For purposes of 
                                subclause (II) of this clause, 
                                the term ``early approved 
                                tribe, organization, or 
                                consortium'' means an Indian 
                                tribe, tribal organization, or 
                                tribal consortium that had a 
                                plan approved under section 471 
                                in accordance with this section 
                                for any quarter of fiscal year 
                                2010 or 2011.
                          (iv) Fiscal year 2015 and 
                        thereafter.--Subject to clause (v) of 
                        this subparagraph, with respect to 
                        amounts expended during any fiscal year 
                        quarter beginning after September 30, 
                        2014, for which the tribe, 
                        organization, or consortium is eligible 
                        for payments under any subparagraph of 
                        section 474(a)(3) of this Act, in-kind 
                        expenditures from third-party sources 
                        may be claimed for purposes of 
                        determining the non-Federal share of 
                        expenditures under any subparagraph of 
                        such section 474(a)(3) only in 
                        accordance with the regulations 
                        promulgated by the Secretary under 
                        section 301(e)(2) of the Fostering 
                        Connections to Success and Increasing 
                        Adoptions Act of 2008.
                          (v) Contingency rule.--If, at the 
                        time expenditures are made for a fiscal 
                        year quarter beginning after September 
                        30, 2011, and before October 1, 2014, 
                        for which a tribe, organization, or 
                        consortium may receive payments for 
                        under section 474(a)(3) of this Act, no 
                        regulations required to be promulgated 
                        under section 301(e)(2) of the 
                        Fostering Connections to Success and 
                        Increasing Adoptions Act of 2008 are in 
                        effect, and no legislation has been 
                        enacted specifying otherwise--
                                  (I) in the case of any 
                                quarter of fiscal year 2012, 
                                2013, or 2014, the limitations 
                                on claiming in-kind 
                                expenditures from third-party 
                                sources under clause (ii) of 
                                this subparagraph shall apply 
                                (without regard to fiscal 
                                limitation) for purposes of 
                                determining the non-Federal 
                                share of such expenditures; and
                                  (II) in the case of any 
                                quarter of fiscal year 2015 or 
                                any fiscal year thereafter, no 
                                tribe, organization, or 
                                consortium may claim in-kind 
                                expenditures from third-party 
                                sources for purposes of 
                                determining the non-Federal 
                                share of such expenditures if a 
                                State with a plan approved 
                                under section 471(a) of this 
                                Act could not claim in-kind 
                                expenditures from third-party 
                                sources for such purposes.
          (2) Clarification of tribal authority to establish 
        standards for tribal foster family homes and tribal 
        child care institutions.--For purposes of complying 
        with section 471(a)(10), an Indian tribe, tribal 
        organization, or tribal consortium shall establish and 
        maintain a tribal authority or authorities which shall 
        be responsible for establishing and maintaining tribal 
        standards for tribal foster family homes and tribal 
        child care institutions.
          (3) Consortium.--The participating Indian tribes or 
        tribal organizations of a tribal consortium may develop 
        and submit a single plan under section 471 that meets 
        the requirements of this section.
  (d) Determination of Federal Medical Assistance Percentage 
for Foster Care Maintenance and Adoption Assistance Payments.--
          (1) Per capita income.--For purposes of determining 
        the Federal medical assistance percentage applicable to 
        an Indian tribe, a tribal organization, or a tribal 
        consortium under paragraphs (1), (2), and (5) of 
        section 474(a), the calculation of the per capita 
        income of the Indian tribe, tribal organization, or 
        tribal consortium shall be based upon the service 
        population of the Indian tribe, tribal organization, or 
        tribal consortium, except that in no case shall an 
        Indian tribe, a tribal organization, or a tribal 
        consortium receive less than the Federal medical 
        assistance percentage for any State in which the tribe, 
        organization, or consortium is located.
          (2) Consideration of other information.--Before 
        making a calculation under paragraph (1), the Secretary 
        shall consider any information submitted by an Indian 
        tribe, a tribal organization, or a tribal consortium 
        that the Indian tribe, tribal organization, or tribal 
        consortium considers relevant to making the calculation 
        of the per capita income of the Indian tribe, tribal 
        organization, or tribal consortium.
  (e) Nonapplication to Cooperative Agreements and Contracts.--
Any cooperative agreement or contract entered into between an 
Indian tribe, a tribal organization, or a tribal consortium and 
a State for the administration or payment of funds under this 
part that is in effect as of the date of enactment of this 
section shall remain in full force and effect, subject to the 
right of either party to the agreement or contract to revoke or 
modify the agreement or contract pursuant to the terms of the 
agreement or contract. Nothing in this section shall be 
construed as affecting the authority for an Indian tribe, a 
tribal organization, or a tribal consortium and a State to 
enter into a cooperative agreement or contract for the 
administration or payment of funds under this part.
  (f) John H. Chafee Foster Care Independence Program.--Except 
as provided in section 477(j), subsection (b) of this section 
shall not apply with respect to the John H. Chafee Foster Care 
Independence Program established under section 477 (or with 
respect to payments made under section 474(a)(4) or grants made 
under section 474(e)).
  (g) Rule of Construction.--Nothing in this section shall be 
construed as affecting the application of section 472(h) to a 
child on whose behalf payments are paid under section 472, or 
the application of section 473(b) to a child on whose behalf 
payments are made under section 473 pursuant to an adoption 
assistance agreement or a kinship guardianship assistance 
agreement, by an Indian tribe, tribal organization, or tribal 
consortium that elects to operate a foster care and adoption 
assistance program in accordance with this section.

           *       *       *       *       *       *       *


      B. Changes in Existing Law Proposed by the Bill, as Reported

    In compliance with clause 3(e)(1)(B) of rule XIII of the 
Rules of the House of Representatives, changes in existing law 
proposed by the bill, as reported, are shown as follows 
(existing law proposed to be omitted is enclosed in black 
brackets, new matter is printed in italics, existing law in 
which no change is proposed is shown in roman):

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e)(1)(B) of rule XIII of the 
Rules of the House of Representatives, changes in existing law 
proposed by the bill, as reported, are shown as follows 
(existing law proposed to be omitted is enclosed in black 
brackets, new matter is printed in italics, and existing law in 
which no change is proposed is shown in roman):

                          SOCIAL SECURITY ACT




           *       *       *       *       *       *       *
TITLE IV--GRANTS TO STATES FOR AID AND SERVICES TO NEEDY FAMILIES WITH 
CHILDREN AND FOR CHILD-WELFARE SERVICES

           *       *       *       *       *       *       *



                   PART B--CHILD AND FAMILY SERVICES

Subpart 1--Stephanie Tubbs Jones Child Welfare Services Program

           *       *       *       *       *       *       *


                 STATE PLANS FOR CHILD WELFARE SERVICES

  Sec. 422. (a) In order to be eligible for payment under this 
subpart, a State must have a plan for child welfare services 
which has been developed jointly by the Secretary and the State 
agency designated pursuant to subsection (b)(1), and which 
meets the requirements of subsection (b).
  (b) Each plan for child welfare services under this subpart 
shall--
          (1) provide that (A) the individual or agency that 
        administers or supervises the administration of the 
        State's services program under subtitle 1 of title XX 
        will administer or supervise the administration of the 
        plan (except as otherwise provided in section 103(d) of 
        the Adoption Assistance and Child Welfare Act of 1980), 
        and (B) to the extent that child welfare services are 
        furnished by the staff of the State agency or local 
        agency administering the plan, a single organizational 
        unit in such State or local agency, as the case may be, 
        will be responsible for furnishing such child welfare 
        services;
          (2) provide for coordination between the services 
        provided for children under the plan and the services 
        and assistance provided under subtitle 1 of title XX, 
        under the State program funded under part A, under the 
        State plan approved under subpart 2 of this part, under 
        the State plan approved under the State plan approved 
        under part E, and under other State programs having a 
        relationship to the program under this subpart, with a 
        view to provision of welfare and related services which 
        will best promote the welfare of such children and 
        their families;
          (3) include a description of the services and 
        activities which the State will fund under the State 
        program carried out pursuant to this subpart, and how 
        the services and activities will achieve the purpose of 
        this subpart;
          (4) contain a description of--
                  (A) the steps the State will take to provide 
                child welfare services statewide and to expand 
                and strengthen the range of existing services 
                and develop and implement services to improve 
                child outcomes; and
                  (B) the child welfare services staff 
                development and training plans of the State;
          (5) provide, in the development of services for 
        children, for utilization of the facilities and 
        experience of voluntary agencies in accordance with 
        State and local programs and arrangements, as 
        authorized by the State;
          (6) provide that the agency administering or 
        supervising the administration of the plan will furnish 
        such reports, containing such information, and 
        participate in such evaluations, as the Secretary may 
        require;
          (7) provide for the diligent recruitment of potential 
        foster and adoptive families that reflect the ethnic 
        and racial diversity of children in the State for whom 
        foster and adoptive homes are needed;
          (8) provide assurances that the State--
                  (A) is operating, to the satisfaction of the 
                Secretary--
                          (i) a statewide information system 
                        from which can be readily determined 
                        the status, demographic 
                        characteristics, location, and goals 
                        for the placement of every child who is 
                        (or, within the immediately preceding 
                        12 months, has been) in foster care;
                          (ii) a case review system (as defined 
                        in section 475(5) and in accordance 
                        with the requirements of section 475A) 
                        for each child receiving foster care 
                        under the supervision of the State;
                          (iii) a service program designed to 
                        help children--
                                  (I) where safe and 
                                appropriate, return to families 
                                from which they have been 
                                removed; or
                                  (II) be placed for adoption, 
                                with a legal guardian, or if 
                                adoption or legal guardianship 
                                is determined not to be 
                                appropriate for a child, in 
                                some other planned, permanent 
                                living arrangement, subject to 
                                the requirements of sections 
                                475(5)(C) and 475A(a), which 
                                may include a residential 
                                educational program; and
                          (iv) a preplacement preventive 
                        services program designed to help 
                        children at risk of foster care 
                        placement remain safely with their 
                        families; and
                  (B) has in effect policies and administrative 
                and judicial procedures for children abandoned 
                at or shortly after birth (including policies 
                and procedures providing for legal 
                representation of the children) which enable 
                permanent decisions to be made expeditiously 
                with respect to the placement of the children;
          (9) contain a description, developed after 
        consultation with tribal organizations (as defined in 
        section 4 of the Indian Self-Determination and 
        Education Assistance Act) in the State, of the specific 
        measures taken by the State to comply with the Indian 
        Child Welfare Act;
          (10) contain assurances that the State shall make 
        effective use of cross-jurisdictional resources 
        (including through contracts for the purchase of 
        services), and shall eliminate legal barriers, to 
        facilitate timely adoptive or permanent placements for 
        waiting children;
          (11) contain a description of the activities that the 
        State has undertaken for children adopted from other 
        countries, including the provision of adoption and 
        post-adoption services;
          (12) provide that the State shall collect and report 
        information on children who are adopted from other 
        countries and who enter into State custody as a result 
        of the disruption of a placement for adoption or the 
        dissolution of an adoption, including the number of 
        children, the agencies who handled the placement or 
        adoption, the plans for the child, and the reasons for 
        the disruption or dissolution;
          (13) demonstrate substantial, ongoing, and meaningful 
        collaboration with State courts in the development and 
        implementation of the State plan under subpart 1, the 
        State plan approved under subpart 2, and the State plan 
        approved under part E, and in the development and 
        implementation of any program improvement plan required 
        under section 1123A;
          (14) not later than October 1, 2007, include 
        assurances that not more than 10 percent of the 
        expenditures of the State with respect to activities 
        funded from amounts provided under this subpart will be 
        for administrative costs;
          (15)(A) provides that the State will develop, in 
        coordination and collaboration with the State agency 
        referred to in paragraph (1) and the State agency 
        responsible for administering the State plan approved 
        under title XIX, and in consultation with 
        pediatricians, other experts in health care, and 
        experts in and recipients of child welfare services, a 
        plan for the ongoing oversight and coordination of 
        health care services for any child in a foster care 
        placement, which shall ensure a coordinated strategy to 
        identify and respond to the health care needs of 
        children in foster care placements, including mental 
        health and dental health needs, and shall include an 
        outline of--
                          (i) a schedule for initial and 
                        follow-up health screenings that meet 
                        reasonable standards of medical 
                        practice;
                          (ii) how health needs identified 
                        through screenings will be monitored 
                        and treated, including emotional trauma 
                        associated with a child's maltreatment 
                        and removal from home;
                          (iii) how medical information for 
                        children in care will be updated and 
                        appropriately shared, which may include 
                        the development and implementation of 
                        an electronic health record;
                          (iv) steps to ensure continuity of 
                        health care services, which may include 
                        the establishment of a medical home for 
                        every child in care;
                          (v) the oversight of prescription 
                        medicines, including protocols for the 
                        appropriate use and monitoring of 
                        psychotropic medications;
                          (vi) how the State actively consults 
                        with and involves physicians or other 
                        appropriate medical or non-medical 
                        professionals in assessing the health 
                        and well-being of children in foster 
                        care and in determining appropriate 
                        medical treatment for the children; 
                        [and]
                          (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
                          [(vii)] (viii) steps to ensure that 
                        the components of the transition plan 
                        development process required under 
                        section 475(5)(H) that relate to the 
                        health care needs of children aging out 
                        of foster care, including the 
                        requirements to include options for 
                        health insurance, information about a 
                        health care power of attorney, health 
                        care proxy, or other similar document 
                        recognized under State law, and to 
                        provide the child with the option to 
                        execute such a document, are met; and
          (B) subparagraph (A) shall not be construed to reduce 
        or limit the responsibility of the State agency 
        responsible for administering the State plan approved 
        under title XIX to administer and provide care and 
        services for children with respect to whom services are 
        provided under the State plan developed pursuant to 
        this subpart;
          (16) provide that, not later than 1 year after the 
        date of the enactment of this paragraph, the State 
        shall have in place procedures providing for how the 
        State programs assisted under this subpart, subpart 2 
        of this part, or part E would respond to a disaster, in 
        accordance with criteria established by the Secretary 
        which should include how a State would--
                  (A) identify, locate, and continue 
                availability of services for children under 
                State care or supervision who are displaced or 
                adversely affected by a disaster;
                  (B) respond, as appropriate, to new child 
                welfare cases in areas adversely affected by a 
                disaster, and provide services in those cases;
                  (C) remain in communication with caseworkers 
                and other essential child welfare personnel who 
                are displaced because of a disaster;
                  (D) preserve essential program records; and
                  (E) coordinate services and share information 
                with other States;
          (17) not later than October 1, 2007, describe the 
        State standards for the content and frequency of 
        caseworker visits for children who are in foster care 
        under the responsibility of the State, which, at a 
        minimum, ensure that the children are visited on a 
        monthly basis and that the caseworker visits are well-
        planned and focused on issues pertinent to case 
        planning and service delivery to ensure the safety, 
        permanency, and well-being of the children;
          (18) include a description of the activities that the 
        State has undertaken to reduce the length of time 
        children who have not attained 5 years of age are 
        without a permanent family, and the activities the 
        State undertakes to address the developmental needs of 
        [such children] all vulnerable children under 5 years 
        of age who receive benefits or services under this part 
        or part E; and
          [(19) contain a description of the sources used to 
        compile information on child maltreatment deaths 
        required by Federal law to be reported by the State 
        agency referred to in paragraph (1), and to the extent 
        that the compilation does not include information on 
        such deaths from the State vital statistics department, 
        child death review teams, law enforcement agencies, or 
        offices of medical examiners or coroners, the State 
        shall describe why the information is not so included 
        and how the State will include the information.]
          (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.
  (c) Definitions.--In this subpart:
          (1) Administrative costs.--The term ``administrative 
        costs'' means costs for the following, but only to the 
        extent incurred in administering the State plan 
        developed pursuant to this subpart: procurement, 
        payroll management, personnel functions (other than the 
        portion of the salaries of supervisors attributable to 
        time spent directly supervising the provision of 
        services by caseworkers), management, maintenance and 
        operation of space and property, data processing and 
        computer services, accounting, budgeting, auditing, and 
        travel expenses (except those related to the provision 
        of services by caseworkers or the oversight of programs 
        funded under this subpart).
          (2) Other terms.--For definitions of other terms used 
        in this part, see section 475.

           *       *       *       *       *       *       *


             LIMITATIONS ON AUTHORIZATION OF APPROPRIATIONS

  Sec. 425. To carry out this subpart (other than sections 426, 
427, and 429), there are authorized to be appropriated to the 
Secretary not more than $325,000,000 for each of fiscal years 
[2012 through 2016] 2017 through 2021.

           *       *       *       *       *       *       *


             Subpart 2--Promoting Safe and Stable Families

SEC. 430. PURPOSE.

   The purpose of this program is to enable States to develop 
and establish, or expand, and to operate coordinated programs 
of community-based family support services, family preservation 
services, [time-limited] family reunification services, and 
adoption promotion and support services to accomplish the 
following objectives:
          (1) To prevent child maltreatment among families at 
        risk through the provision of supportive family 
        services.
          (2) To assure children's safety within the home and 
        preserve intact families in which children have been 
        maltreated, when the family's problems can be addressed 
        effectively.
          (3) To address the problems of families whose 
        children have been placed in foster care so that 
        reunification may occur in a safe and stable manner in 
        accordance with the Adoption and Safe Families Act of 
        1997.
          (4) To support adoptive families by providing support 
        services as necessary so that they can make a lifetime 
        commitment to their children.

SEC. 431. DEFINITIONS.

  (a) In General.--As used in this subpart:
          (1) Family preservation services.--The term ``family 
        preservation services'' means services for children and 
        families designed to help families (including adoptive 
        and extended families) at risk or in crisis, 
        including--
                  (A) service programs designed to help 
                children--
                          (i) where safe and appropriate, 
                        return to families from which they have 
                        been removed; or
                          (ii) be placed for adoption, with a 
                        legal guardian, or, if adoption or 
                        legal guardianship is determined not to 
                        be safe and appropriate for a child, in 
                        some other planned, permanent living 
                        arrangement;
                  (B) preplacement preventive services 
                programs, such as intensive family preservation 
                programs, designed to help children at risk of 
                foster care placement remain safely with their 
                families;
                  (C) service programs designed to provide 
                followup care to families to whom a child has 
                been returned after a foster care placement;
                  (D) respite care of children to provide 
                temporary relief for parents and other 
                caregivers (including foster parents);
                  (E) services designed to improve parenting 
                skills (by reinforcing parents' confidence in 
                their strengths, and helping them to identify 
                where improvement is needed and to obtain 
                assistance in improving those skills) with 
                respect to matters such as child development, 
                family budgeting, coping with stress, health, 
                and nutrition; and
                  (F) infant safe haven programs to provide a 
                way for a parent to safely relinquish a newborn 
                infant at a safe haven designated pursuant to a 
                State law.
          (2) Family support services.--
                  (A) In general.--The term ``family support 
                services'' means community-based services 
                designed to carry out the purposes described in 
                subparagraph (B).
                  (B) Purposes described.--The purposes 
                described in this subparagraph are the 
                following:
                          (i) To promote the safety and well-
                        being of children and families.
                          (ii) To increase the strength and 
                        stability of families (including 
                        adoptive, foster, and extended 
                        families).
                          (iii) To support and retain foster 
                        families so they can provide quality 
                        family-based settings for children in 
                        foster care.
                          [(iii)] (iv) To increase parents' 
                        confidence and competence in their 
                        parenting abilities.
                          [(iv)] (v) To afford children a safe, 
                        stable, and supportive family 
                        environment.
                          [(v)] (vi) To strengthen parental 
                        relationships and promote healthy 
                        marriages.
                          [(vi)] (vii) To enhance child 
                        development, including through 
                        mentoring (as defined in section 
                        439(b)(2)).
          (3) State agency.--The term ``State agency'' means 
        the State agency responsible for administering the 
        program under subpart 1.
          (4) State.--The term ``State'' includes an Indian 
        tribe or tribal organization, in addition to the 
        meaning given such term for purposes of subpart 1.
          (5) Indian tribe.--The term ``Indian tribe'' has the 
        meaning given the term in section 428(c).
          (6) Tribal organization.--The term ``tribal 
        organization'' has the meaning given the term in 
        section 428(c).
          (7)  [Time-limited family]  Family reunification 
        services.--
                  (A) In general.--The term ``[time-limited 
                family] family reunification services'' means 
                the services and activities described in 
                subparagraph (B) that are provided to a child 
                that is removed from the child's home and 
                placed in a foster family home or a child care 
                institution or a child who has been returned 
                home and to the parents or primary caregiver of 
                such a child, in order to facilitate the 
                reunification of the child safely and 
                appropriately within a timely fashion[, 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 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) Services and activities described.--The 
                services and activities described in this 
                subparagraph are the following:
                          (i) Individual, group, and family 
                        counseling.
                          (ii) Inpatient, residential, or 
                        outpatient substance abuse treatment 
                        services.
                          (iii) Mental health services.
                          (iv) Assistance to address domestic 
                        violence.
                          (v) Services designed to provide 
                        temporary child care and therapeutic 
                        services for families, including crisis 
                        nurseries.
                          (vi) Peer-to-peer mentoring and 
                        support groups for parents and primary 
                        caregivers.
                          (vii) Services and activities 
                        designed to facilitate access to and 
                        visitation of children by parents and 
                        siblings.
                          (viii) Transportation to or from any 
                        of the services and activities 
                        described in this subparagraph.
          (8) Adoption promotion and support services.--The 
        term ``adoption promotion and support services'' means 
        services and activities designed to encourage more 
        adoptions out of the foster care system, when adoptions 
        promote the best interests of children, including such 
        activities as pre- and post-adoptive services and 
        activities designed to expedite the adoption process 
        and support adoptive families.
          (9) Non-federal funds.--The term ``non-Federal 
        funds'' means State funds, or at the option of a State, 
        State and local funds.
  (b) Other Terms.--For other definitions of other terms used 
in this subpart, see section 475.

SEC. 432. STATE PLANS.

  (a) Plan Requirements.--A State plan meets the requirements 
of this subsection if the plan--
          (1) provides that the State agency shall administer, 
        or supervise the administration of, the State program 
        under this subpart;
          (2)(A)(i) sets forth the goals intended to be 
        accomplished under the plan by the end of the 5th 
        fiscal year in which the plan is in operation in the 
        State, and (ii) is updated periodically to set forth 
        the goals intended to be accomplished under the plan by 
        the end of each 5th fiscal year thereafter;
          (B) describes the methods to be used in measuring 
        progress toward accomplishment of the goals;
          (C) contains assurances that the State--
                  (i) after the end of each of the 1st 4 fiscal 
                years covered by a set of goals, will perform 
                an interim review of progress toward 
                accomplishment of the goals, and on the basis 
                of the interim review will revise the statement 
                of goals in the plan, if necessary, to reflect 
                changed circumstances; and
                  (ii) after the end of the last fiscal year 
                covered by a set of goals, will perform a final 
                review of progress toward accomplishment of the 
                goals, and on the basis of the final review (I) 
                will prepare, transmit to the Secretary, and 
                make available to the public a final report on 
                progress toward accomplishment of the goals, 
                and (II) will develop (in consultation with the 
                entities required to be consulted pursuant to 
                subsection (b)) and add to the plan a statement 
                of the goals intended to be accomplished by the 
                end of the 5th succeeding fiscal year;
          (3) provides for coordination, to the extent feasible 
        and appropriate, of the provision of services under the 
        plan and the provision of services or benefits under 
        other Federal or federally assisted programs serving 
        the same populations;
          (4) contains assurances that not more than 10 percent 
        of expenditures under the plan for any fiscal year with 
        respect to which the State is eligible for payment 
        under section 434 for the fiscal year shall be for 
        administrative costs, and that the remaining 
        expenditures shall be for programs of family 
        preservation services, community-based family support 
        services, [time-limited] family reunification services, 
        and adoption promotion and support services, with 
        significant portions of such expenditures for each such 
        program;
          (5) contains assurances that the State will--
                  (A) annually prepare, furnish to the 
                Secretary, and make available to the public a 
                description (including separate descriptions 
                with respect to family preservation services, 
                community-based family support services, [time-
                limited] family reunification services, and 
                adoption promotion and support services) of--
                          (i) the service programs to be made 
                        available under the plan in the 
                        immediately succeeding fiscal year;
                          (ii) the populations which the 
                        programs will serve; and
                          (iii) the geographic areas in the 
                        State in which the services will be 
                        available; and
                  (B) perform the activities described in 
                subparagraph (A)--
                          (i) in the case of the 1st fiscal 
                        year under the plan, at the time the 
                        State submits its initial plan; and
                          (ii) in the case of each succeeding 
                        fiscal year, by the end of the 3rd 
                        quarter of the immediately preceding 
                        fiscal year;
          (6) provides for such methods of administration as 
        the Secretary finds to be necessary for the proper and 
        efficient operation of the plan;
          (7)(A) contains assurances that Federal funds 
        provided to the State under this subpart will not be 
        used to supplant Federal or non-Federal funds for 
        existing services and activities which promote the 
        purposes of this subpart; and
          (B) provides that the State will furnish reports to 
        the Secretary, at such times, in such format, and 
        containing such information as the Secretary may 
        require, that demonstrate the State's compliance with 
        the prohibition contained in subparagraph (A);
          (8)(A) provides that the State agency will furnish 
        such reports, containing such information, and 
        participate in such evaluations, as the Secretary may 
        require; and
          (B) provides that, not later than June 30 of each 
        year, the State will submit to the Secretary--
                  (i) copies of form CFS-101 (including all 
                parts and any successor forms) that report on 
                planned child and family services expenditures 
                by the agency for the immediately succeeding 
                fiscal year; and
                  (ii) copies of form CFS-101 (including all 
                parts and any successor forms) that provide, 
                with respect to the programs authorized under 
                this subpart and subpart 1 and, at State 
                option, other programs included on such forms, 
                for the most recent preceding fiscal year for 
                which reporting of actual expenditures is 
                complete--
                          (I) the numbers of families and of 
                        children served by the State agency;
                          (II) the population served by the 
                        State agency;
                          (III) the geographic areas served by 
                        the State agency; and
                          (IV) the actual expenditures of funds 
                        provided to the State agency;
          (9) contains assurances that in administering and 
        conducting service programs under the plan, the safety 
        of the children to be served shall be of paramount 
        concern; and
          (10) describes how the State identifies which 
        populations are at the greatest risk of maltreatment 
        and how services are targeted to the populations.
  (b) Approval of Plans.--
          (1) In general.--The Secretary shall approve a plan 
        that meets the requirements of subsection (a) only if 
        the plan was developed jointly by the Secretary and the 
        State, after consultation by the State agency with 
        appropriate public and nonprofit private agencies and 
        community-based organizations with experience in 
        administering programs of services for children and 
        families (including family preservation, family 
        support, [time-limited] family reunification, and 
        adoption promotion and support services).
          (2) Plans of indian tribes or tribal consortia.--
                  (A) Exemption from inappropriate 
                requirements.--The Secretary may exempt a plan 
                submitted by an Indian tribe or tribal 
                consortium from the requirements of subsection 
                (a)(4) of this section to the extent that the 
                Secretary determines those requirements would 
                be inappropriate to apply to the Indian tribe 
                or tribal consortium, taking into account the 
                resources, needs, and other circumstances of 
                the Indian tribe or tribal consortium.
                  (B) Special rule.--Notwithstanding 
                subparagraph (A) of this paragraph, the 
                Secretary may not approve a plan of an Indian 
                tribe or tribal consortium under this subpart 
                to which (but for this subparagraph) an 
                allotment of less than $10,000 would be made 
                under section 433(a) if allotments were made 
                under section 433(a) to all Indian tribes and 
                tribal consortia with plans approved under this 
                subpart with the same or larger numbers of 
                children.
  (c) Annual Submission of State Reports to Congress.--
          (1) In general.--The Secretary shall compile the 
        reports required under subsection (a)(8)(B) and, not 
        later than September 30 of each year, submit such 
        compilation to the Committee on Ways and Means of the 
        House of Representatives and the Committee on Finance 
        of the Senate.
          (2) Information to be included.--The compilation 
        shall include the individual State reports and tables 
        that synthesize State information into national totals 
        for each element required to be included in the 
        reports, including planned and actual spending by 
        service category for the program authorized under this 
        subpart and planned spending by service category for 
        the program authorized under subpart 1.
          (3) Public accessibility.--Not later than September 
        30 of each year, the Secretary shall publish the 
        compilation on the website of the Department of Health 
        and Human Services in a location easily accessible by 
        the public.

           *       *       *       *       *       *       *


SEC. 436. AUTHORIZATION OF APPROPRIATIONS; RESERVATION OF CERTAIN 
                    AMOUNTS.

  (a) Authorization.--In addition to any amount otherwise made 
available to carry out this subpart, there are authorized to be 
appropriated to carry out this subpart $345,000,000 [for each 
of fiscal years 2012 through 2016.] for each of fiscal years 
2017 through 2021.
  (b) Reservation of Certain Amounts.--From the amount 
specified in subsection (a) for a fiscal year, the Secretary 
shall reserve amounts as follows:
          (1) Evaluation, research, training, and technical 
        assistance.--The Secretary shall reserve $6,000,000 for 
        expenditure by the Secretary--
                  (A) for research, training, and technical 
                assistance costs related to the program under 
                this subpart; and
                  (B) for evaluation of State programs based on 
                the plans approved under section 432 and funded 
                under this subpart, and any other Federal, 
                State, or local program, regardless of whether 
                federally assisted, that is designed to achieve 
                the same purposes as the State programs.
          (2) State court improvements.--The Secretary shall 
        reserve $30,000,000 for grants under section 438.
          (3) Indian tribes or tribal consortia.--After 
        applying paragraphs (4) and (5) (but before applying 
        paragraphs (1) or (2)), the Secretary shall reserve 3 
        percent for allotment to Indian tribes or tribal 
        consortia in accordance with section 433(a).
          (4) Support for monthly caseworker visits.--
                  (A) Reservation.--The Secretary shall reserve 
                for allotment in accordance with section 433(e) 
                $20,000,000 for each of fiscal years [2012 
                through 2016] 2017 through 2021.
                  (B) Use of funds.--
                          (i) In general.--A State to which an 
                        amount is paid from amounts reserved 
                        under subparagraph (A) shall use the 
                        amount to improve the quality of 
                        monthly caseworker visits with children 
                        who are in foster care under the 
                        responsibility of the State, with an 
                        emphasis on improving caseworker 
                        decision making on the safety, 
                        permanency, and well-being of foster 
                        children and on activities designed to 
                        increase retention, recruitment, and 
                        training of caseworkers.
                          (ii) Nonsupplantation.--A State to 
                        which an amount is paid from amounts 
                        reserved pursuant to subparagraph (A) 
                        shall not use the amount to supplant 
                        any Federal funds paid to the State 
                        under part E that could be used as 
                        described in clause (i).
          (5) Regional partnership grants.--The Secretary shall 
        reserve for awarding grants under section 437(f) 
        $20,000,000 for each of fiscal years [2012 through 
        2016] 2017 through 2021.
  (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 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. 437. DISCRETIONARY AND TARGETED GRANTS.

  (a) Limitations on Authorization of Appropriations.--In 
addition to any amount appropriated pursuant to section 436, 
there are authorized to be appropriated to carry out this 
section $200,000,000 for each of fiscal years [2012 through 
2016] 2017 through 2021.
  (b) Reservation of Certain Amounts.--From the amount (if any) 
appropriated pursuant to subsection (a) for a fiscal year, the 
Secretary shall reserve amounts as follows:
          (1) Evaluation, research, training, and technical 
        assistance.--The Secretary shall reserve 3.3 percent 
        for expenditure by the Secretary for the activities 
        described in section 436(b)(1).
          (2) State court improvements.--The Secretary shall 
        reserve 3.3 percent for grants under section 438.
          (3) Indian tribes or tribal consortia.--The Secretary 
        shall reserve 3 percent for allotment to Indian tribes 
        or tribal consortia in accordance with subsection 
        (c)(1).
          (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.
  (c) Allotments.--
          (1) Indian tribes or tribal consortia.--From the 
        amount (if any) reserved pursuant to subsection (b)(3) 
        for any fiscal year, the Secretary shall allot to each 
        Indian tribe with a plan approved under this subpart an 
        amount that bears the same ratio to such reserved 
        amount as the number of children in the Indian tribe 
        bears to the total number of children in all Indian 
        tribes with State plans so approved, as determined by 
        the Secretary on the basis of the most current and 
        reliable information available to the Secretary. If a 
        consortium of Indian tribes applies and is approved for 
        a grant under this section, the Secretary shall allot 
        to the consortium an amount equal to the sum of the 
        allotments determined for each Indian tribe that is 
        part of the consortium.
          (2) Territories.--From the amount (if any) 
        appropriated pursuant to subsection (a) for any fiscal 
        year that remains after applying subection (b) for the 
        fiscal year, the Secretary shall allot to each of the 
        jurisdictions of Puerto Rico, Guam, the Virgin Islands, 
        the Northern Mariana Islands, and American Samoa an 
        amount determined in the same manner as the allotment 
        to each of such jurisdictions is determined under 
        section 423.
          (3) Other states.--From the amount (if any) 
        appropriated pursuant to subsection (a) for any fiscal 
        year that remains after applying subsection (b) and 
        paragraph (2) of this subsection for the fiscal year, 
        the Secretary shall allot to each State (other than an 
        Indian tribe) which is not specified in paragraph (2) 
        of this subsection an amount equal to such remaining 
        amount multiplied by the supplemental nutrition 
        assistance program benefits percentage (as defined in 
        section 433(c)(2)) of the State for the fiscal year.
  (d) Grants.--The Secretary may make a grant to a State which 
has a plan approved under this subpart in an amount equal to 
the lesser of--
          (1) 75 percent of the total expenditures by the State 
        for activities under the plan during the fiscal year or 
        the immediately succeeding fiscal year; or
          (2) the allotment of the State under subsection (c) 
        for the fiscal year.
  (e) Applicability of Certain Rules.--The rules of subsections 
(b) and (c) of section 434 shall apply in like manner to the 
amounts made available pursuant to subsection (a).
  (f) Targeted Grants To [Increase the Well-Being of, and To 
Improve the Permanency Outcomes for, Children Affected by] 
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 Substance Abuse.--
          (1) Purpose.--The purpose of this subsection is to 
        authorize the Secretary to make competitive grants to 
        regional partnerships to provide, through interagency 
        collaboration and integration of programs and services, 
        services and activities that are designed to increase 
        the well-being of, improve permanency outcomes for, and 
        enhance the safety of children who are in an out-of-
        home placement or are at risk of being placed in an 
        out-of-home placement as a result of a parent's or 
        caretaker's substance abuse.
          [(2) Regional partnership defined.--
                  [(A) In general.--In this subsection, the 
                term ``regional partnership'' means a 
                collaborative agreement (which may be 
                established on an interstate or intrastate 
                basis) entered into by at least 2 of the 
                following:
                          [(i) The State child welfare agency 
                        that is responsible for the 
                        administration of the State plan under 
                        this part and part E.
                          [(ii) The State agency responsible 
                        for administering the substance abuse 
                        prevention and treatment block grant 
                        provided under subpart II of part B of 
                        title XIX of the Public Health Service 
                        Act.
                          [(iii) An Indian tribe or tribal 
                        consortium.
                          [(iv) Nonprofit child welfare service 
                        providers.
                          [(v) For-profit child welfare service 
                        providers.
                          [(vi) Community health service 
                        providers.
                          [(vii) Community mental health 
                        providers.
                          [(viii) Local law enforcement 
                        agencies.
                          [(ix) Judges and court personnel.
                          [(x) Juvenile justice officials.
                          [(xi) School personnel.
                          [(xii) Tribal child welfare agencies 
                        (or a consortia of such agencies).
                          [(xiii) Any other providers, 
                        agencies, personnel, officials, or 
                        entities that are related to the 
                        provision of child and family services 
                        under this subpart.
                  [(B) Requirements.--
                          [(i) State child welfare agency 
                        partner.--Subject to clause (ii)(I), a 
                        regional partnership entered into for 
                        purposes of this subsection shall 
                        include the State child welfare agency 
                        that is responsible for the 
                        administration of the State plan under 
                        this part and part E as 1 of the 
                        partners.
                          [(ii) Regional partnerships entered 
                        into by indian tribes or tribal 
                        consortia.--If an Indian tribe or 
                        tribal consortium enters into a 
                        regional partnership for purposes of 
                        this subsection, the Indian tribe or 
                        tribal consortium--
                                  [(I) may (but is not required 
                                to) include such State child 
                                welfare agency as a partner in 
                                the collaborative agreement; 
                                and
                                  [(II) may not enter into a 
                                collaborative agreement only 
                                with tribal child welfare 
                                agencies (or a consortium of 
                                such agencies).
                          [(iii) No state agency only 
                        partnerships.--If a State agency 
                        described in clause (i) or (ii) of 
                        subparagraph (A) enters into a regional 
                        partnership for purposes of this 
                        subsection, the State agency may not 
                        enter into a collaborative agreement 
                        only with the other State agency 
                        described in such clause (i) or (ii).]
          (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) Authority to award grants.--
                  (A) In general.--In addition to amounts 
                authorized to be appropriated to carry out this 
                section, the Secretary shall award grants under 
                this subsection, from the amounts reserved for 
                each of fiscal years [2012 through 2016] 2017 
                through 2021 under section 436(b)(5), to 
                regional partnerships that satisfy the 
                requirements of this subsection, in amounts 
                that are not less than [$500,000 and not more 
                than $1,000,000] $250,000 and not more than 
                $1,000,000 per grant per fiscal year.
                  (B) Required minimum period of approval; 
                planning.--
                          (i) In general.--A grant shall be 
                        awarded under this subsection for a 
                        period of not less than 2, and not more 
                        than 5, fiscal years, subject to 
                        [clause (ii)] clauses (ii) and (iii).
                          (ii) Extension of grant.--On 
                        application of the grantee, the 
                        Secretary may extend for not more than 
                        2 fiscal years the period for which a 
                        grant is awarded under this subsection.
                          (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.
                  (C) Multiple grants allowed.--This subsection 
                shall not be interpreted to prevent a grantee 
                from applying for, or being awarded, separate 
                grants under this subsection.
                  (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) Application requirements.--To be eligible for a 
        grant under this subsection, a regional partnership 
        shall submit to the Secretary a written application 
        containing the following:
                  (A) Recent evidence demonstrating that 
                substance abuse has had a substantial impact on 
                the number of out-of-home placements for 
                children, or the number of children who are at 
                risk of being placed in an out-of-home 
                placement, in the partnership region.
                  (B) A description of the goals and outcomes 
                to be achieved during the funding period for 
                the grant that will--
                          (i) enhance the well-being of 
                        children, parents, and families 
                        receiving services or taking part in 
                        activities conducted with funds 
                        provided under the grant;
                          (ii) lead to [safety and permanence 
                        for such children; and] safe, permanent 
                        caregiving relationships for the 
                        children;
                          (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
                          [(iii)] (v) decrease the number of 
                        out-of-home placements for children, 
                        [or] increase reunification rates for 
                        children who have been placed in out of 
                        home care, or decrease the number of 
                        children who are at risk of being 
                        placed in an out-of-home placement, in 
                        the partnership region.
                  (C) A description of the joint activities to 
                be funded in whole or in part with the funds 
                provided under the grant, including the 
                sequencing of the activities proposed to be 
                conducted under the funding period for the 
                grant.
                  (D) A description of the strategies for 
                integrating programs and services determined to 
                be appropriate for the child and [where 
                appropriate,] the child's family.
                  [(E) A description of the strategies for--
                          [(i) collaborating with the State 
                        child welfare agency described in 
                        paragraph (2)(A)(i) (unless that agency 
                        is the lead applicant for the regional 
                        partnership); and
                          [(ii) consulting, as appropriate, 
                        with--
                                  [(I) the State agency 
                                described in paragraph 
                                (2)(A)(ii); and
                                  [(II) the State law 
                                enforcement and judicial 
                                agencies.
                To the extent the Secretary determines that the 
                requirement of this subparagraph would be 
                inappropriate to apply to a regional 
                partnership that includes an Indian tribe, 
                tribal consortium, or a tribal child welfare 
                agency or a consortium of such agencies, the 
                Secretary may exempt the regional partnership 
                from the requirement.
                  [(F) Such other information as the Secretary 
                may require.]
                  (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) Use of funds.--Funds made available under a grant 
        made under this subsection shall only be used for 
        services or activities that are consistent with the 
        purpose of this subsection and may include the 
        following:
                  (A) Family-based comprehensive long-term 
                substance [abuse treatment] use disorder 
                treatment including medication assisted 
                treatment and in-home substance abuse disorder 
                treatment and recovery services.
                  (B) Early intervention and preventative 
                services.
                  (C) Children and family counseling.
                  (D) Mental health services.
                  (E) Parenting skills training.
                  (F) Replication of successful models for 
                providing family-based comprehensive long-term 
                substance abuse treatment services.
          (6) Matching requirement.--
                  (A) Federal share.--A grant awarded under 
                this subsection shall be available to pay a 
                percentage share of the costs of services 
                provided or activities conducted under such 
                grant, not to exceed--
                          (i) 85 percent for the first and 
                        second fiscal years for which the grant 
                        is awarded to a recipient;
                          (ii) 80 percent for the third and 
                        fourth such fiscal years;
                          (iii) 75 percent for the fifth such 
                        fiscal year;
                          (iv) 70 percent for the sixth such 
                        fiscal year; and
                          (v) 65 percent for the seventh such 
                        fiscal year.
                  (B) Non-federal share.--The non-Federal share 
                of the cost of services provided or activities 
                conducted under a grant awarded under this 
                subsection may be in cash or in kind. In 
                determining the amount of the non-Federal 
                share, the Secretary may attribute fair market 
                value to goods, services, and facilities 
                contributed from non-Federal sources.
          (7) Considerations in awarding grants.--In awarding 
        grants under this subsection, the Secretary shall take 
        into consideration the extent to which applicant 
        regional partnerships--
                  (A) demonstrate that substance abuse by 
                parents or caretakers has had a substantial 
                impact on the number of out-of-home placements 
                for children, or the number of children who are 
                at risk of being placed in an out-of-home 
                placement, in the partnership region;
                  (B) have limited resources for addressing the 
                needs of children affected by such abuse;
                  (C) have a lack of capacity for, or access 
                to, comprehensive family treatment services; 
                [and]
                  (D) demonstrate a track record of successful 
                collaboration among child welfare, substance 
                abuse disorder treatment and mental health 
                agencies; and
                  [(D)] (E) demonstrate a plan for sustaining 
                the services provided by or activities funded 
                under the grant after the conclusion of the 
                grant period.
          (8) Performance indicators.--
                  (A) In general.--Not later than 9 months 
                after the date of enactment of this subsection, 
                the Secretary shall [establish indicators that 
                will be] review indicators that are used to 
                assess periodically the performance of the 
                grant recipients under this subsection [in 
                using funds made available under such grants to 
                achieve the purpose of this subsection] 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) Consultation required.--In establishing 
                the performance indicators required by 
                subparagraph (A), the Secretary shall base the 
                performance measures on lessons learned from 
                prior rounds of regional partnership grants 
                under this subsection, and consult with the 
                following:
                          (i) The Assistant Secretary for the 
                        Administration for Children and 
                        Families.
                          (ii) The Administrator of the 
                        Substance Abuse and Mental Health 
                        Services Administration.
                          [(iii) Representatives of States in 
                        which a State agency described in 
                        clause (i) or (ii) of paragraph (2)(A) 
                        is a member of a regional partnership 
                        that is a grant recipient under this 
                        subsection.
                          [(iv) Representatives of Indian 
                        tribes, tribal consortia, or tribal 
                        child welfare agencies that are members 
                        of a regional partnership that is a 
                        grant recipient under this subsection.]
                          (iii) Other stakeholders or 
                        constituencies as determined by the 
                        Secretary.
          (9) Reports.--
                  (A) Grantee reports.--
                          [(i) Annual report.--Not later than 
                        September 30 of the first fiscal year 
                        in which a recipient of a grant under 
                        this subsection is paid funds under the 
                        grant, and annually thereafter until 
                        September 30 of the last fiscal year in 
                        which the recipient is paid funds under 
                        the grant, the recipient shall submit 
                        to the Secretary a report on the 
                        services provided or activities carried 
                        out during that fiscal year with such 
                        funds. The report shall contain such 
                        information as the Secretary determines 
                        is necessary to provide an accurate 
                        description of the services provided or 
                        activities conducted with such funds.]
                          (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.
                          (ii) Incorporation of information 
                        related to performance indicators.--
                        Each recipient of a grant under this 
                        subsection shall incorporate into the 
                        first annual report required by clause 
                        (i) that is submitted after the 
                        establishment of performance indicators 
                        under paragraph (8), information 
                        required in relation to such 
                        indicators.
                  (B) Reports to congress.--On the basis of the 
                reports submitted under subparagraph (A), the 
                Secretary annually shall submit to the 
                Committee on Ways and Means of the House of 
                Representatives and the Committee on Finance of 
                the Senate a report on--
                          (i) the services provided and 
                        activities conducted with funds 
                        provided under grants awarded under 
                        this subsection;
                          (ii) the performance indicators 
                        established under paragraph (8); and
                          (iii) the progress that has been made 
                        in addressing the needs of families 
                        with substance abuse problems who come 
                        to the attention of the child welfare 
                        system and in achieving the goals of 
                        child safety, permanence, and family 
                        stability.
          (10) Limitation on use of funds for administrative 
        expenses of the secretary.--Not more than 5 percent of 
        the amounts appropriated or reserved for awarding 
        grants under this subsection for each of fiscal years 
        [2012 through 2016] 2017 through 2021 may be used by 
        the Secretary for salaries and Department of Health and 
        Human Services administrative expenses in administering 
        this subsection.
  (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).

SEC. 438. ENTITLEMENT FUNDING FOR STATE COURTS TO ASSESS AND IMPROVE 
                    HANDLING OF PROCEEDINGS RELATING TO FOSTER CARE AND 
                    ADOPTION.

  (a) In General.--The Secretary shall make grants, in 
accordance with this section, to the highest State courts in 
States participating in the program under part E, for the 
purpose of enabling such courts--
          (1) to conduct assessments, in accordance with such 
        requirements as the Secretary shall publish, of the 
        role, responsibilities, and effectiveness of State 
        courts in carrying out State laws requiring proceedings 
        (conducted by or under the supervision of the courts)--
                  (A) that implement parts B and E;
                  (B) that determine the advisability or 
                appropriateness of foster care placement;
                  (C) that determine whether to terminate 
                parental rights;
                  (D) that determine whether to approve the 
                adoption or other permanent placement of a 
                child;
                  (E) that determine the best strategy to use 
                to expedite the interstate placement of 
                children, including--
                          (i) requiring courts in different 
                        States to cooperate in the sharing of 
                        information;
                          (ii) authorizing courts to obtain 
                        information and testimony from agencies 
                        and parties in other States without 
                        requiring interstate travel by the 
                        agencies and parties; and
                          (iii) permitting the participation of 
                        parents, children, other necessary 
                        parties, and attorneys in cases 
                        involving interstate placement without 
                        requiring their interstate travel; and
          (2) to implement improvements the highest state 
        courts deem necessary as a result of the assessments, 
        including--
                  (A) to provide for the safety, well-being, 
                and permanence of children in foster care, as 
                set forth in the Adoption and Safe Families Act 
                of 1997 (Public Law 105-89), including the 
                requirements in the Act related to concurrent 
                planning;
                  (B) to implement a corrective action plan, as 
                necessary, resulting from reviews of child and 
                family service programs under section 1123A of 
                this Act; and
                  (C) to increase and improve engagement of the 
                entire family in court processes relating to 
                child welfare, family preservation, family 
                reunification, and adoption;
          (3) to ensure that the safety, permanence, and well-
        being needs of children are met in a timely and 
        complete manner; and
          (4)(A) to provide for the training of judges, 
        attorneys and other legal personnel in child welfare 
        cases; and
          (B) to increase and improve engagement of the entire 
        family in court processes relating to child welfare, 
        family preservation, family reunification, and 
        adoption.
  (b) Applications.--
          (1) In general.--In order to be eligible to receive a 
        grant under this section, a highest State court shall 
        have in effect a rule requiring State courts to ensure 
        that foster parents, pre-adoptive parents, and relative 
        caregivers of a child in foster care under the 
        responsibility of the State are notified of any 
        proceeding to be held with respect to the child, 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, and shall 
        submit to the Secretary an application at such time, in 
        such form, and including such information and 
        assurances as the Secretary may require, including--
                  (A) in the case of a grant for the purpose 
                described in subsection (a)(3), a description 
                of how courts and child welfare agencies on the 
                local and State levels will collaborate and 
                jointly plan for the collection and sharing of 
                all relevant data and information to 
                demonstrate how improved case tracking and 
                analysis of child abuse and neglect cases will 
                produce safe and timely permanency decisions;
                  (B) in the case of a grant for the purpose 
                described in subsection (a)(4), a demonstration 
                that a portion of the grant will be used for 
                cross-training initiatives that are jointly 
                planned and executed with the State agency or 
                any other agency under contract with the State 
                to administer the State program under the State 
                plan under subpart 1, the State plan approved 
                under section 434, or the State plan approved 
                under part E; and
                  (C) in the case of a grant for any purpose 
                described in subsection (a), a demonstration of 
                meaningful and ongoing collaboration among the 
                courts in the State, the State agency or any 
                other agency under contract with the State who 
                is responsible for administering the State 
                program under part B or E, and, where 
                applicable, Indian tribes.
          (2) Single grant application.--Pursuant to the 
        requirements under paragraph (1) of this subsection, a 
        highest State court desiring a grant under this section 
        shall submit a single application to the Secretary that 
        specifies whether the application is for a grant for--
                  (A) the purposes described in paragraphs (1) 
                and (2) of subsection (a);
                  (B) the purpose described in subsection 
                (a)(3);
                  (C) the purpose described in subsection 
                (a)(4); or
                  (D) the purposes referred to in 2 or more 
                (specifically identified) of subparagraphs (A), 
                (B), and (C) of this paragraph.
  (c) Amount of Grant.--
          (1) In general.--With respect to each of 
        subparagraphs (A), (B), and (C) of subsection (b)(2) 
        that refers to 1 or more grant purposes for which an 
        application of a highest State court is approved under 
        this section, the court shall be entitled to payment, 
        for each of fiscal years [2012 through 2016] 2017 
        through 2021, from the amount allocated under paragraph 
        (3) of this subsection for grants for the purpose or 
        purposes, of an amount equal to $85,000 plus the amount 
        described in paragraph (2) of this subsection with 
        respect to the purpose or purposes.
          (2) Amount described.--The amount described in this 
        paragraph for any fiscal year with respect to the 
        purpose or purposes referred to in a subparagraph of 
        subsection (b)(2) is the amount that bears the same 
        ratio to the total of the amounts allocated under 
        paragraph (3) of this subsection for grants for the 
        purpose or purposes as the number of individuals in the 
        State who have not attained 21 years of age bears to 
        the total number of such individuals in all States the 
        highest State courts of which have approved 
        applications under this section for grants for the 
        purpose or purposes.
          (3) Allocation of funds.--
                  (A) Mandatory funds.--Of the amounts reserved 
                under section 436(b)(2) for any fiscal year, 
                the Secretary shall allocate--
                          (i) $9,000,000 for grants for the 
                        purposes described in paragraphs (1) 
                        and (2) of subsection (a);
                          (ii) $10,000,000 for grants for the 
                        purpose described in subsection (a)(3);
                          (iii) $10,000,000 for grants for the 
                        purpose described in subsection (a)(4); 
                        and
                          (iv) $1,000,000 for grants to be 
                        awarded on a competitive basis among 
                        the highest courts of Indian tribes or 
                        tribal consortia that--
                                  (I) are operating a program 
                                under part E, in accordance 
                                with section 479B;
                                  (II) are seeking to operate a 
                                program under part E and have 
                                received an implementation 
                                grant under section 476; or
                                  (III) has a court responsible 
                                for proceedings related to 
                                foster care or adoption.
                  (B) Discretionary funds.--The Secretary shall 
                allocate all of the amounts reserved under 
                section 437(b)(2) for grants for the purposes 
                described in paragraphs (1) and (2) of 
                subsection (a).
  (d) Federal Share.--Each highest State court which receives 
funds paid under this section may use such funds to pay not 
more than 75 percent of the cost of activities under this 
section in each of fiscal years [2012 through 2016] 2017 
through 2021.
  [(e) Funding for Grants for Improved Data Collection and 
Training.--Out of any money in the Treasury of the United 
States not otherwise appropriated, there are appropriated to 
the Secretary, for each of fiscal years 2006 through 2010--
          [(1) $10,000,000 for grants referred to in subsection 
        (b)(2)(B); and
          [(2) $10,000,000 for grants referred to in subsection 
        (b)(2)(C).For fiscal year 2011, out of the amount 
        reserved pursuant to section 436(b)(2) for such fiscal 
        year, there are available $10,000,000 for grants 
        referred to in subsection (b)(2)(B), and $10,000,000 
        for grants referred to in subsection (b)(2)(C).]

           *       *       *       *       *       *       *


                      Subpart 3--Common Provisions

[SEC. 440. DATA STANDARDIZATION FOR IMPROVED DATA MATCHING.

  [(a) Standard Data Elements.--
          [(1) Designation.--The Secretary, in consultation 
        with an interagency work group established by the 
        Office of Management and Budget, and considering State 
        perspectives, shall, by rule, designate standard data 
        elements for any category of information required to be 
        reported under this part.
          [(2) Data elements must be nonproprietary and 
        interoperable.--The standard data elements designated 
        under paragraph (1) shall, to the extent practicable, 
        be nonproprietary and interoperable.
          [(3) Other requirements.--In designating standard 
        data elements under this subsection, the Secretary 
        shall, to the extent practicable, incorporate--
                  [(A) interoperable standards developed and 
                maintained by an international voluntary 
                consensus standards body, as defined by the 
                Office of Management and Budget, such as the 
                International Organization for Standardization;
                  [(B) interoperable standards developed and 
                maintained by intergovernmental partnerships, 
                such as the National Information Exchange 
                Model; and
                  [(C) interoperable standards developed and 
                maintained by Federal entities with authority 
                over contracting and financial assistance, such 
                as the Federal Acquisition Regulatory Council.
  [(b) Data Standards for Reporting.--
          [(1) Designation.--The Secretary, in consultation 
        with an interagency work group established by the 
        Office of Management and Budget, and considering State 
        government perspectives, shall, by rule, designate data 
        reporting standards to govern the reporting required 
        under this part.
          [(2) Requirements.--The data reporting standards 
        required by paragraph (1) shall, to the extent 
        practicable--
                  [(A) incorporate a widely-accepted, non-
                proprietary, searchable, computer-readable 
                format;
                  [(B) be consistent with and implement 
                applicable accounting principles; and
                  [(C) be capable of being continually upgraded 
                as necessary.
          [(3) Incorporation of nonproprietary standards.--In 
        designating reporting standards under this subsection, 
        the Secretary shall, to the extent practicable, 
        incorporate existing nonproprietary standards, such as 
        the eXtensible Business Reporting Language.]

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.

           *       *       *       *       *       *       *


   [Part E--Federal Payments for Foster Care and Adoption Assistance]

  PART E--FEDERAL PAYMENTS FOR FOSTER CARE, PREVENTION, AND PERMANENCY

                         PURPOSE: APPROPRIATION

  Sec. 470. For the purpose of enabling each State to provide, 
in appropriate cases, foster care and transitional independent 
living programs for children who otherwise would have been 
eligible for assistance under the State's plan approved under 
part A (as such plan was in effect on June 1, [1995) and] 
1995), adoption assistance for children with special needs, 
kinship guardianship assistance, and prevention services or 
programs specified in section 471(e)(1), there are authorized 
to be appropriated for each fiscal year [(commencing with the 
fiscal year which begins October 1, 1980)] such sums as may be 
necessary to carry out the provisions of this part. The sums 
made available under this section shall be used for making 
payments to States which have submitted, and had approved by 
the Secretary, State plans under this part.

           STATE PLAN FOR FOSTER CARE AND ADOPTION ASSISTANCE

  Sec. 471. (a) In order for a State to be eligible for 
payments under this part, it shall have a plan approved by the 
Secretary which--
          (1) provides for foster care maintenance payments in 
        accordance with section 472 [and for adoption 
        assistance in accordance with section 473;], 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;
          (2) provides that the State agency responsible for 
        administering the program authorized by subpart 1 of 
        part B of this title shall administer, or supervise the 
        administration of, the program authorized by this part;
          (3) provides that the plan shall be in effect in all 
        political subdivisions of the State, and, if 
        administered by them, be mandatory upon them;
          (4) provides that the State shall assure that the 
        programs at the local level assisted under this part 
        will be coordinated with the programs at the State or 
        local level assisted under parts A and B of this title, 
        under subtitle 1 of title XX of this Act, and under any 
        other appropriate provision of Federal law;
          (5) provides that the State will, in the 
        administration of its programs under this part, use 
        such methods relating to the establishment and 
        maintenance of personnel standards on a merit basis as 
        are found by the Secretary to be necessary for the 
        proper and efficient operation of the programs, except 
        that the Secretary shall exercise no authority with 
        respect to the selection, tenure of office, or 
        compensation of any individual employed in accordance 
        with such methods;
          (6) provides that the State agency referred to in 
        paragraph (2) (hereinafter in this part referred to as 
        the ``State agency'') will make such reports, in such 
        form and containing such information as the Secretary 
        may from time to time require, and comply with such 
        provisions as the Secretary may from time to time find 
        necessary to assure the correctness and verification of 
        such reports;
          (7) provides that the State agency will monitor and 
        conduct periodic evaluations of activities carried out 
        under this part;
          (8) subject to subsection (c), provides safeguards 
        which restrict the use of or disclosure of information 
        concerning individuals assisted under the State plan to 
        purposes directly connected with (A) the administration 
        of the plan of the State approved under this part, the 
        plan or program of the State under part A, B, or D of 
        this title or under title I, V, X, XIV, XVI (as in 
        effect in Puerto Rico, Guam, and the Virgin Islands), 
        XIX, or XX, or the supplemental security income program 
        established by title XVI, (B) any investigation, 
        prosecution, or criminal or civil proceeding, conducted 
        in connection with the administration of any such plan 
        or program, (C) the administration of any other Federal 
        or federally assisted program which provides 
        assistance, in cash or in kind, or services, directly 
        to individuals on the basis of need, (D) any audit or 
        similar activity conducted in connection with the 
        administration of any such plan or program by any 
        governmental agency which is authorized by law to 
        conduct such audit or activity, and (E) reporting and 
        providing information pursuant to paragraph (9) to 
        appropriate authorities with respect to known or 
        suspected child abuse or neglect; and the safeguards so 
        provided shall prohibit disclosure, to any committee or 
        legislative body (other than an agency referred to in 
        clause (D) with respect to an activity referred to in 
        such clause), of any information which identifies by 
        name or address any such applicant or recipient; except 
        that nothing contained herein shall preclude a State 
        from providing standards which restrict disclosures to 
        purposes more limited than those specified herein, or 
        which, in the case of adoptions, prevent disclosure 
        entirely;
          (9) provides that the State agency will--
                  (A) report to an appropriate agency or 
                official, known or suspected instances of 
                physical or mental injury, sexual abuse or 
                exploitation, or negligent treatment or 
                maltreatment of a child receiving aid under 
                part B or this part under circumstances which 
                indicate that the child's health or welfare is 
                threatened thereby;
                  (B) provide such information with respect to 
                a situation described in subparagraph (A) as 
                the State agency may have; and
                  (C) not later than--
                          (i) 1 year after the date of 
                        enactment of this subparagraph, 
                        demonstrate to the Secretary that the 
                        State agency has developed, in 
                        consultation with State and local law 
                        enforcement, juvenile justice systems, 
                        health care providers, education 
                        agencies, and organizations with 
                        experience in dealing with at-risk 
                        children and youth, policies and 
                        procedures (including relevant training 
                        for caseworkers) for identifying, 
                        documenting in agency records, and 
                        determining appropriate services with 
                        respect to--
                                  (I) any child or youth over 
                                whom the State agency has 
                                responsibility for placement, 
                                care, or supervision and who 
                                the State has reasonable cause 
                                to believe is, or is at risk of 
                                being, a sex trafficking victim 
                                (including children for whom a 
                                State child welfare agency has 
                                an open case file but who have 
                                not been removed from the home, 
                                children who have run away from 
                                foster care and who have not 
                                attained 18 years of age or 
                                such older age as the State has 
                                elected under section 475(8) of 
                                this Act, and youth who are not 
                                in foster care but are 
                                receiving services under 
                                section 477 of this Act); and
                                  (II) at the option of the 
                                State, any individual who has 
                                not attained 26 years of age, 
                                without regard to whether the 
                                individual is or was in foster 
                                care under the responsibility 
                                of the State; and
                          (ii) 2 years after such date of 
                        enactment, demonstrate to the Secretary 
                        that the State agency is implementing 
                        the policies and procedures referred to 
                        in clause (i).
          (10) provides--
                  (A) for the establishment or designation of a 
                State authority or authorities that shall be 
                responsible for establishing and maintaining 
                standards for foster family homes and child 
                care institutions which are reasonably in 
                accord with recommended standards of national 
                organizations concerned with standards for the 
                institutions or homes, including standards 
                related to admission policies, safety, 
                sanitation, and protection of civil rights, and 
                which shall permit use of the reasonable and 
                prudent parenting standard;
                  (B) that the standards established pursuant 
                to subparagraph (A) shall be applied by the 
                State to any foster family home or child care 
                institution receiving funds under this part or 
                part B and shall require, as a condition of 
                each contract entered into by a child care 
                institution to provide foster care, the 
                presence on-site of at least 1 official who, 
                with respect to any child placed at the child 
                care institution, is designated to be the 
                caregiver who is authorized to apply the 
                reasonable and prudent parent standard to 
                decisions involving the participation of the 
                child in age or developmentally-appropriate 
                activities, and who is provided with training 
                in how to use and apply the reasonable and 
                prudent parent standard in the same manner as 
                prospective foster parents are provided the 
                training pursuant to paragraph (24);
                  (C) that the standards established pursuant 
                to subparagraph (A) shall include policies 
                related to the liability of foster parents and 
                private entities under contract by the State 
                involving the application of the reasonable and 
                prudent parent standard, to ensure appropriate 
                liability for caregivers when a child 
                participates in an approved activity and the 
                caregiver approving the activity acts in 
                accordance with the reasonable and prudent 
                parent standard; and
                  (D) that a waiver of any standards 
                established pursuant to subparagraph (A) may be 
                made only on a case-by-case basis for nonsafety 
                standards (as determined by the State) in 
                relative foster family homes for specific 
                children in care;
          (11) provides for periodic review of the standards 
        referred to in the preceding paragraph and amounts paid 
        as foster care maintenance payments and adoption 
        assistance to assure their continuing appropriateness;
          (12) provides for granting an opportunity for a fair 
        hearing before the State agency to any individual whose 
        claim for benefits available pursuant to this part is 
        denied or is not acted upon with reasonable promptness;
          (13) provides that the State shall arrange for a 
        periodic and independently conducted audit of the 
        programs assisted under this part and part B of this 
        title, which shall be conducted no less frequently than 
        once every three years;
          (14) provides (A) specific goals (which shall be 
        established by State law on or before October 1, 1982) 
        for each fiscal year (commencing with the fiscal year 
        which begins on October 1, 1983) as to the maximum 
        number of children (in absolute numbers or as a 
        percentage of all children in foster care with respect 
        to whom assistance under the plan is provided during 
        such year) who, at any time during such year, will 
        remain in foster care after having been in such care 
        for a period in excess of twenty-four months, and (B) a 
        description of the steps which will be taken by the 
        State to achieve such goals;
          (15) provides that--
                  (A) in determining reasonable efforts to be 
                made with respect to a child, as described in 
                this paragraph, and in making such reasonable 
                efforts, the child's health and safety shall be 
                the paramount concern;
                  (B) except as provided in subparagraph (D), 
                reasonable efforts shall be made to preserve 
                and reunify families--
                          (i) prior to the placement of a child 
                        in foster care, to prevent or eliminate 
                        the need for removing the child from 
                        the child's home; and
                          (ii) to make it possible for a child 
                        to safely return to the child's home;
                  (C) if continuation of reasonable efforts of 
                the type described in subparagraph (B) is 
                determined to be inconsistent with the 
                permanency plan for the child, reasonable 
                efforts shall be made to place the child in a 
                timely manner in accordance with the permanency 
                plan (including, if appropriate, through an 
                interstate placement), and to complete whatever 
                steps are necessary to finalize the permanent 
                placement of the child;
                  (D) reasonable efforts of the type described 
                in subparagraph (B) shall not be required to be 
                made with respect to a parent of a child if a 
                court of competent jurisdiction has determined 
                that--
                          (i) the parent has subjected the 
                        child to aggravated circumstances (as 
                        defined in State law, which definition 
                        may include but need not be limited to 
                        abandonment, torture, chronic abuse, 
                        and sexual abuse);
                          (ii) the parent has--
                                  (I) committed murder (which 
                                would have been an offense 
                                under section 1111(a) of title 
                                18, United States Code, if the 
                                offense had occurred in the 
                                special maritime or territorial 
                                jurisdiction of the United 
                                States) of another child of the 
                                parent;
                                  (II) committed voluntary 
                                manslaughter (which would have 
                                been an offense under section 
                                1112(a) of title 18, United 
                                States Code, if the offense had 
                                occurred in the special 
                                maritime or territorial 
                                jurisdiction of the United 
                                States) of another child of the 
                                parent;
                                  (III) aided or abetted, 
                                attempted, conspired, or 
                                solicited to commit such a 
                                murder or such a voluntary 
                                manslaughter; or
                                  (IV) committed a felony 
                                assault that results in serious 
                                bodily injury to the child or 
                                another child of the parent; or
                          (iii) the parental rights of the 
                        parent to a sibling have been 
                        terminated involuntarily;
                  (E) if reasonable efforts of the type 
                described in subparagraph (B) are not made with 
                respect to a child as a result of a 
                determination made by a court of competent 
                jurisdiction in accordance with subparagraph 
                (D)--
                          (i) a permanency hearing (as 
                        described in section 475(5)(C)), which 
                        considers in-State and out-of-State 
                        permanent placement options for the 
                        child, shall be held for the child 
                        within 30 days after the determination; 
                        and
                          (ii) reasonable efforts shall be made 
                        to place the child in a timely manner 
                        in accordance with the permanency plan, 
                        and to complete whatever steps are 
                        necessary to finalize the permanent 
                        placement of the child; and
                  (F) reasonable efforts to place a child for 
                adoption or with a legal guardian, including 
                identifying appropriate in-State and out-of-
                State placements may be made concurrently with 
                reasonable efforts of the type described in 
                subparagraph (B);
          (16) provides for the development of a case plan (as 
        defined in section 475(1) and in accordance with the 
        requirements of section 475A) for each child receiving 
        foster care maintenance payments under the State plan 
        and provides for a case review system which meets the 
        requirements described in sections 475(5) and 475A with 
        respect to each such child;
          (17) provides that, where appropriate, all steps will 
        be taken, including cooperative efforts with the State 
        agencies administering the program funded under part A 
        and plan approved under part D, to secure an assignment 
        to the State of any rights to support on behalf of each 
        child receiving foster care maintenance payments under 
        this part;
          (18) not later than January 1, 1997, provides that 
        neither the State nor any other entity in the State 
        that receives funds from the Federal Government and is 
        involved in adoption or foster care placements may--
                  (A) deny to any person the opportunity to 
                become an adoptive or a foster parent, on the 
                basis of the race, color, or national origin of 
                the person, or of the child, involved; or
                  (B) delay or deny the placement of a child 
                for adoption or into foster care, on the basis 
                of the race, color, or national origin of the 
                adoptive or foster parent, or the child, 
                involved;
          (19) provides that the State shall consider giving 
        preference to an adult relative over a non-related 
        caregiver when determining a placement for a child, 
        provided that the relative caregiver meets all relevant 
        State child protection standards;
          (20)(A) provides procedures for criminal records 
        checks, including fingerprint-based checks of national 
        crime information databases (as defined in section 
        534(e)(3)(A) of title 28, United States Code), for any 
        prospective foster or adoptive parent before the foster 
        or adoptive parent may be finally approved for 
        placement of a child regardless of whether foster care 
        maintenance payments or adoption assistance payments 
        are to be made on behalf of the child under the State 
        plan under this part, including procedures requiring 
        that--
                  (i) in any case involving a child on whose 
                behalf such payments are to be so made in which 
                a record check reveals a felony conviction for 
                child abuse or neglect, for spousal abuse, for 
                a crime against children (including child 
                pornography), or for a crime involving 
                violence, including rape, sexual assault, or 
                homicide, but not including other physical 
                assault or battery, if a State finds that a 
                court of competent jurisdiction has determined 
                that the felony was committed at any time, such 
                final approval shall not be granted; and
                  (ii) in any case involving a child on whose 
                behalf such payments are to be so made in which 
                a record check reveals a felony conviction for 
                physical assault, battery, or a drug-related 
                offense, if a State finds that a court of 
                competent jurisdiction has determined that the 
                felony was committed within the past 5 years, 
                such final approval shall not be granted; and
          (B) provides that the State shall--
                  (i) check any child abuse and neglect 
                registry maintained by the State for 
                information on any prospective foster or 
                adoptive parent and on any other adult living 
                in the home of such a prospective parent, and 
                request any other State in which any such 
                prospective parent or other adult has resided 
                in the preceding 5 years, to enable the State 
                to check any child abuse and neglect registry 
                maintained by such other State for such 
                information, before the prospective foster or 
                adoptive parent may be finally approved for 
                placement of a child, regardless of whether 
                foster care maintenance payments or adoption 
                assistance payments are to be made on behalf of 
                the child under the State plan under this part;
                  (ii) comply with any request described in 
                clause (i) that is received from another State; 
                and
                  (iii) have in place safeguards to prevent the 
                unauthorized disclosure of information in any 
                child abuse and neglect registry maintained by 
                the State, and to prevent any such information 
                obtained pursuant to this subparagraph from 
                being used for a purpose other than the 
                conducting of background checks in foster or 
                adoptive placement cases; and
          (C) provides procedures for criminal records checks, 
        including fingerprint-based checks of national crime 
        information databases (as defined in section 
        534(e)(3)(A) of title 28, United States Code), on any 
        relative guardian, and for checks described in 
        subparagraph (B) of this paragraph on any relative 
        guardian and any other adult living in the home of any 
        relative guardian, before the relative guardian may 
        receive kinship guardianship assistance payments on 
        behalf of the child under the State plan under this 
        part;
          (21) provides for health insurance coverage 
        (including, at State option, through the program under 
        the State plan approved under title XIX) for any child 
        who has been determined to be a child with special 
        needs, for whom there is in effect an adoption 
        assistance agreement (other than an agreement under 
        this part) between the State and an adoptive parent or 
        parents, and who the State has determined cannot be 
        placed with an adoptive parent or parents without 
        medical assistance because such child has special needs 
        for medical, mental health, or rehabilitative care, and 
        that with respect to the provision of such health 
        insurance coverage--
                  (A) such coverage may be provided through 1 
                or more State medical assistance programs;
                  (B) the State, in providing such coverage, 
                shall ensure that the medical benefits, 
                including mental health benefits, provided are 
                of the same type and kind as those that would 
                be provided for children by the State under 
                title XIX;
                  (C) in the event that the State provides such 
                coverage through a State medical assistance 
                program other than the program under title XIX, 
                and the State exceeds its funding for services 
                under such other program, any such child shall 
                be deemed to be receiving aid or assistance 
                under the State plan under this part for 
                purposes of section 1902(a)(10)(A)(i)(I); and
                  (D) in determining cost-sharing requirements, 
                the State shall take into consideration the 
                circumstances of the adopting parent or parents 
                and the needs of the child being adopted 
                consistent, to the extent coverage is provided 
                through a State medical assistance program, 
                with the rules under such program;
          (22) provides that, not later than January 1, 1999, 
        the State shall develop and implement standards to 
        ensure that children in foster care placements in 
        public or private agencies are provided quality 
        services that protect the safety and health of the 
        children;
          (23) provides that the State shall not--
                  (A) deny or delay the placement of a child 
                for adoption when an approved family is 
                available outside of the jurisdiction with 
                responsibility for handling the case of the 
                child; or
                  (B) fail to grant an opportunity for a fair 
                hearing, as described in paragraph (12), to an 
                individual whose allegation of a violation of 
                subparagraph (A) of this paragraph is denied by 
                the State or not acted upon by the State with 
                reasonable promptness;
          (24) includes a certification that, before a child in 
        foster care under the responsibility of the State is 
        placed with prospective foster parents, the prospective 
        foster parents will be prepared adequately with the 
        appropriate knowledge and skills to provide for the 
        needs of the child, that the preparation will be 
        continued, as necessary, after the placement of the 
        child, and that the preparation shall include knowledge 
        and skills relating to the reasonable and prudent 
        parent standard for the participation of the child in 
        age or developmentally-appropriate activities, 
        including knowledge and skills relating to the 
        developmental stages of the cognitive, emotional, 
        physical, and behavioral capacities of a child, and 
        knowledge and skills relating to applying the standard 
        to decisions such as whether to allow the child to 
        engage in social, extracurricular, enrichment, 
        cultural, and social activities, including sports, 
        field trips, and overnight activities lasting 1 or more 
        days, and to decisions involving the signing of 
        permission slips and arranging of transportation for 
        the child to and from extracurricular, enrichment, and 
        social activities;
          (25) [provide] provides that the State shall have in 
        effect procedures for the orderly and timely interstate 
        placement of children, which, not later than October 1, 
        2026, shall include the use of an electronic interstate 
        case-processing system; and procedures implemented in 
        accordance with an interstate compact, if incorporating 
        with the procedures prescribed by paragraph (26), shall 
        be considered to satisfy the requirement of this 
        paragraph;
          (26) provides that--
                  (A)(i) within 60 days after the State 
                receives from another State a request to 
                conduct a study of a home environment for 
                purposes of assessing the safety and 
                suitability of placing a child in the home, the 
                State shall, directly or by contract--
                          (I) conduct and complete the study; 
                        and
                          (II) return to the other State a 
                        report on the results of the study, 
                        which shall address the extent to which 
                        placement in the home would meet the 
                        needs of the child; and
                  (ii) in the case of a home study begun on or 
                before September 30, 2008, if the State fails 
                to comply with clause (i) within the 60-day 
                period as a result of circumstances beyond the 
                control of the State (such as a failure by a 
                Federal agency to provide the results of a 
                background check, or the failure by any entity 
                to provide completed medical forms, requested 
                by the State at least 45 days before the end of 
                the 60-day period), the State shall have 75 
                days to comply with clause (i) if the State 
                documents the circumstances involved and 
                certifies that completing the home study is in 
                the best interests of the child; except that
                  (iii) this subparagraph shall not be 
                construed to require the State to have 
                completed, within the applicable period, the 
                parts of the home study involving the education 
                and training of the prospective foster or 
                adoptive parents;
                  (B) the State shall treat any report 
                described in subparagraph (A) that is received 
                from another State or an Indian tribe (or from 
                a private agency under contract with another 
                State) as meeting any requirements imposed by 
                the State for the completion of a home study 
                before placing a child in the home, unless, 
                within 14 days after receipt of the report, the 
                State determines, based on grounds that are 
                specific to the content of the report, that 
                making a decision in reliance on the report 
                would be contrary to the welfare of the child; 
                and
                  (C) the State shall not impose any 
                restriction on the ability of a State agency 
                administering, or supervising the 
                administration of, a State program operated 
                under a State plan approved under this part to 
                contract with a private agency for the conduct 
                of a home study described in subparagraph (A);
          (27) provides that, with respect to any child in 
        foster care under the responsibility of the State under 
        this part or part B and without regard to whether 
        foster care maintenance payments are made under section 
        472 on behalf of the child, the State has in effect 
        procedures for verifying the citizenship or immigration 
        status of the child;
          (28) at the option of the State, provides for the 
        State to enter into kinship guardianship assistance 
        agreements to provide kinship guardianship assistance 
        payments on behalf of children to grandparents and 
        other relatives who have assumed legal guardianship of 
        the children for whom they have cared as foster parents 
        and for whom they have committed to care on a permanent 
        basis, as provided in section 473(d);
          (29) provides that, within 30 days after the removal 
        of a child from the custody of the parent or parents of 
        the child, the State shall exercise due diligence to 
        identify and provide notice to the following relatives: 
        all adult grandparents, all parents of a sibling of the 
        child, where such parent has legal custody of such 
        sibling, and other adult relatives of the child 
        (including any other adult relatives suggested by the 
        parents), subject to exceptions due to family or 
        domestic violence, that--
                  (A) specifies that the child has been or is 
                being removed from the custody of the parent or 
                parents of the child;
                  (B) explains the options the relative has 
                under Federal, State, and local law to 
                participate in the care and placement of the 
                child, including any options that may be lost 
                by failing to respond to the notice;
                  (C) describes the requirements under 
                paragraph (10) of this subsection to become a 
                foster family home and the additional services 
                and supports that are available for children 
                placed in such a home; and
                  (D) if the State has elected the option to 
                make kinship guardianship assistance payments 
                under paragraph (28) of this subsection, 
                describes how the relative guardian of the 
                child may subsequently enter into an agreement 
                with the State under section 473(d) to receive 
                the payments;
          (30) provides assurances that each child who has 
        attained the minimum age for compulsory school 
        attendance under State law and with respect to whom 
        there is eligibility for a payment under the State plan 
        is a full-time elementary or secondary school student 
        or has completed secondary school, and for purposes of 
        this paragraph, the term ``elementary or secondary 
        school student'' means, with respect to a child, that 
        the child is--
                  (A) enrolled (or in the process of enrolling) 
                in an institution which provides elementary or 
                secondary education, as determined under the 
                law of the State or other jurisdiction in which 
                the institution is located;
                  (B) instructed in elementary or secondary 
                education at home in accordance with a home 
                school law of the State or other jurisdiction 
                in which the home is located;
                  (C) in an independent study elementary or 
                secondary education program in accordance with 
                the law of the State or other jurisdiction in 
                which the program is located, which is 
                administered by the local school or school 
                district; or
                  (D) incapable of attending school on a full-
                time basis due to the medical condition of the 
                child, which incapability is supported by 
                regularly updated information in the case plan 
                of the child;
          (31) provides that reasonable efforts shall be made--
                  (A) to place siblings removed from their home 
                in the same foster care, kinship guardianship, 
                or adoptive placement, unless the State 
                documents that such a joint placement would be 
                contrary to the safety or well-being of any of 
                the siblings; and
                  (B) in the case of siblings removed from 
                their home who are not so jointly placed, to 
                provide for frequent visitation or other 
                ongoing interaction between the siblings, 
                unless that State documents that frequent 
                visitation or other ongoing interaction would 
                be contrary to the safety or well-being of any 
                of the siblings;
          (32) provides that the State will negotiate in good 
        faith with any Indian tribe, tribal organization or 
        tribal consortium in the State that requests to develop 
        an agreement with the State to administer all or part 
        of the program under this part on behalf of Indian 
        children who are under the authority of the tribe, 
        organization, or consortium, including foster care 
        maintenance payments on behalf of children who are 
        placed in State or tribally licensed foster family 
        homes, adoption assistance payments, and, if the State 
        has elected to provide such payments, kinship 
        guardianship assistance payments under section 473(d), 
        and tribal access to resources for administration, 
        training, and data collection under this part;
          (33) provides that the State will inform any 
        individual who is adopting, or whom the State is made 
        aware is considering adopting, a child who is in foster 
        care under the responsibility of the State of the 
        potential eligibility of the individual for a Federal 
        tax credit under section 23 of the Internal Revenue 
        Code of 1986;
          (34) provides that, for each child or youth described 
        in paragraph (9)(C)(i)(I), the State agency shall--
                  (A) not later than 2 years after the date of 
                the enactment of this paragraph, report 
                immediately, and in no case later than 24 hours 
                after receiving information on children or 
                youth who have been identified as being a sex 
                trafficking victim, to the law enforcement 
                authorities; and
                  (B) not later than 3 years after such date of 
                enactment and annually thereafter, report to 
                the Secretary the total number of children and 
                youth who are sex trafficking victims; [and]
          (35) provides that--
                  (A) not later than 1 year after the date of 
                the enactment of this paragraph, the State 
                shall develop and implement specific protocols 
                for--
                          (i) expeditiously locating any child 
                        missing from foster care;
                          (ii) determining the primary factors 
                        that contributed to the child's running 
                        away or otherwise being absent from 
                        care, and to the extent possible and 
                        appropriate, responding to those 
                        factors in current and subsequent 
                        placements;
                          (iii) determining the child's 
                        experiences while absent from care, 
                        including screening the child to 
                        determine if the child is a possible 
                        sex trafficking victim (as defined in 
                        section 475(9)(A)); and
                          (iv) reporting such related 
                        information as required by the 
                        Secretary; and
                  (B) not later than 2 years after such date of 
                enactment, for each child and youth described 
                in paragraph (9)(C)(i)(I) of this subsection, 
                the State agency shall report immediately, and 
                in no case later than 24 hours after receiving, 
                information on missing or abducted children or 
                youth to the law enforcement authorities for 
                entry into the National Crime Information 
                Center (NCIC) database of the Federal Bureau of 
                Investigation, established pursuant to section 
                534 of title 28, United States Code, and to the 
                National Center for Missing and Exploited 
                Children[.];
          (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
          (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.
  (b) The Secretary shall approve any plan which complies with 
the provisions of subsection (a) of this section.
  (c) Use of Child Welfare Records in State Court 
Proceedings.--Subsection (a)(8) shall not be construed to limit 
the flexibility of a State in determining State policies 
relating to public access to court proceedings to determine 
child abuse and neglect or other court hearings held pursuant 
to part B or this part, except that such policies shall, at a 
minimum, ensure the safety and well-being of the child, 
parents, and family.
  (d) Annual Reports by the Secretary on Number of Children and 
Youth Reported by States To Be Sex Trafficking Victims.--Not 
later than 4 years after the date of the enactment of this 
subsection and annually thereafter, the Secretary shall report 
to the Congress and make available to the public on the 
Internet website of the Department of Health and Human Services 
the number of children and youth reported in accordance with 
subsection (a)(34)(B) of this section to be sex trafficking 
victims (as defined in section 475(9)(A)).
  (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 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 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.

                FOSTER CARE MAINTENANCE PAYMENTS PROGRAM

  Sec. 472. (a) In General.--
          (1) Eligibility.--Each State with a plan approved 
        under this part shall make foster care maintenance 
        payments on behalf of each child who has been removed 
        from the home of a relative specified in section 406(a) 
        (as in effect on July 16, 1996) into foster care if--
                  (A) the removal and foster care placement 
                met, and the placement continues to meet, the 
                requirements of paragraph (2); and
                  (B) the child, while in the home, would have 
                met the AFDC eligibility requirement of 
                paragraph (3).
          (2) Removal and foster care placement requirements.--
        The removal and foster care placement of a child meet 
        the requirements of this paragraph if--
                  (A) the removal and foster care placement are 
                in accordance with--
                          (i) a voluntary placement agreement 
                        entered into by a parent or legal 
                        guardian of the child who is the 
                        relative referred to in paragraph (1); 
                        or
                          (ii) a judicial determination to the 
                        effect that continuation in the home 
                        from which removed would be contrary to 
                        the welfare of the child and that 
                        reasonable efforts of the type 
                        described in section 471(a)(15) for a 
                        child have been made;
                  (B) the child's placement and care are the 
                responsibility of--
                          (i) the State agency administering 
                        the State plan approved under section 
                        471;
                          (ii) any other public agency with 
                        which the State agency administering or 
                        supervising the administration of the 
                        State plan has made an agreement which 
                        is in effect; or
                          (iii) an Indian tribe or a tribal 
                        organization (as defined in section 
                        479B(a)) or a tribal consortium that 
                        has a plan approved under section 471 
                        in accordance with section 479B; and
                  (C) the child has been placed in a foster 
                family home [or], with a parent residing in a 
                licensed residential family-based treatment 
                facility, but only to the extent permitted 
                under subsection (j), or in a child-care 
                institution, but only to the extent permitted 
                under subsection (k).
          (3) AFDC eligibility requirement.--
                  (A) In general.--A child in the home referred 
                to in paragraph (1) would have met the AFDC 
                eligibility requirement of this paragraph if 
                the child--
                          (i) would have received aid under the 
                        State plan approved under section 402 
                        (as in effect on July 16, 1996) in the 
                        home, in or for the month in which the 
                        agreement was entered into or court 
                        proceedings leading to the 
                        determination referred to in paragraph 
                        (2)(A)(ii) of this subsection were 
                        initiated; or
                          (ii)(I) would have received the aid 
                        in the home, in or for the month 
                        referred to in clause (i), if 
                        application had been made therefor; or
                          (II) had been living in the home 
                        within 6 months before the month in 
                        which the agreement was entered into or 
                        the proceedings were initiated, and 
                        would have received the aid in or for 
                        such month, if, in such month, the 
                        child had been living in the home with 
                        the relative referred to in paragraph 
                        (1) and application for the aid had 
                        been made.
                  (B) Resources determination.--For purposes of 
                subparagraph (A), in determining whether a 
                child would have received aid under a State 
                plan approved under section 402 (as in effect 
                on July 16, 1996), a child whose resources 
                (determined pursuant to section 402(a)(7)(B), 
                as so in effect) have a combined value of not 
                more than $10,000 shall be considered a child 
                whose resources have a combined value of not 
                more than $1,000 (or such lower amount as the 
                State may determine for purposes of section 
                402(a)(7)(B)).
          (4) Eligibility of certain alien children.--Subject 
        to title IV of the Personal Responsibility and Work 
        Opportunity Reconciliation Act of 1996, if the child is 
        an alien disqualified under section 245A(h) or 210(f) 
        of the Immigration and Nationality Act from receiving 
        aid under the State plan approved under section 402 in 
        or for the month in which the agreement described in 
        paragraph (2)(A)(i) was entered into or court 
        proceedings leading to the determination described in 
        paragraph (2)(A)(ii) were initiated, the child shall be 
        considered to satisfy the requirements of paragraph 
        (3), with respect to the month, if the child would have 
        satisfied the requirements but for the 
        disqualification.
  (b) Foster care maintenance payments may be made under this 
part only on behalf of a child described in subsection (a) of 
this section who is--
          (1) in the foster family home of an individual, 
        whether the payments therefor are made to such 
        individual or to a public or private child-placement or 
        child-care agency, or
          (2) in a child-care institution, whether the payments 
        therefor are made to such institution or to a public or 
        private child-placement or child-care agency, which 
        payments shall be limited so as to include in such 
        payments only those items which are included in the 
        term ``foster care maintenance payments'' (as defined 
        in section 475(4)).
  [(c) For the purposes of this part, (1) the term ``foster 
family home'' means a foster family home for children which is 
licensed by the State in which it is situated or has been 
approved, by the agency of such State having responsibility for 
licensing homes of this type, as meeting the standards 
established for such licensing; and (2) the term ``child-care 
institution'' means a private child-care institution, or a 
public child-care institution which accommodates no more than 
twenty-five children, which is licensed by the State in which 
it is situated or has been approved, by the agency of such 
State responsible for licensing or approval of institutions of 
this type, as meeting the standards established for such 
licensing, except, 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, but 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) 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.
  (d) Notwithstanding any other provision of this title, 
Federal payments may be made under this part with respect to 
amounts expended by any State as foster care maintenance 
payments under this section, in the case of children removed 
from their homes pursuant to voluntary placement agreements as 
described in subsection (a), only if (at the time such amounts 
were expended) the State has fulfilled all of the requirements 
of section 422(b)(8).
  (e) No Federal payment may be made under this part with 
respect to amounts expended by any State as foster care 
maintenance payments under this section, in the case of any 
child who was removed from his or her home pursuant to a 
voluntary placement agreement as described in subsection (a) 
and has remained in voluntary placement for a period in excess 
of 180 days, unless there has been a judicial determination by 
a court of competent jurisdiction (within the first 180 days of 
such placement) to the effect that such placement is in the 
best interests of the child.
  (f) For the purposes of this part and part B of this title, 
(1) the term ``voluntary placement'' means an out-of-home 
placement of a minor, by or with participation of a State 
agency, after the parents or guardians of the minor have 
requested the assistance of the agency and signed a voluntary 
placement agreement; and (2) the term ``voluntary placement 
agreement'' means a written agreement, binding on the parties 
to the agreement, between the State agency, any other agency 
acting on its behalf, and the parents or guardians of a minor 
child which specifies, at a minimum, the legal status of the 
child and the rights and obligations of the parents or 
guardians, the child, and the agency while the child is in 
placement.
  (g) In any case where--
          (1) the placement of a minor child in foster care 
        occurred pursuant to a voluntary placement agreement 
        entered into by the parents or guardians of such child 
        as provided in subsection (a), and
          (2) such parents or guardians request (in such manner 
        and form as the Secretary may prescribe) that the child 
        be returned to their home or to the home of a relative,
the voluntary placement agreement shall be deemed to be revoked 
unless the State agency opposes such request and obtains a 
judicial determination, by a court of competent jurisdiction, 
that the return of the child to such home would be contrary to 
the child's best interests.
  (h)(1) For purposes of title XIX, any child with respect to 
whom foster care maintenance payments are made under this 
section is deemed to be a dependent child as defined in section 
406 (as in effect as of July 16, 1996) and deemed to be a 
recipient of aid to families with dependent children under part 
A of this title (as so in effect). For purposes of subtitle 1 
of title XX, any child with respect to whom foster care 
maintenance payments are made under this section is deemed to 
be a minor child in a needy family under a State program funded 
under part A of this title and is deemed to be a recipient of 
assistance under such part.
  (2) For purposes of paragraph (1), a child whose costs in a 
foster family home or child care institution are covered by the 
foster care maintenance payments being made with respect to the 
child's minor parent, as provided in section 475(4)(B), shall 
be considered a child with respect to whom foster care 
maintenance payments are made under this section.
  (i) Administrative Costs Associated With Otherwise Eligible 
Children Not in Licensed Foster Care Settings.--Expenditures by 
a State that would be considered administrative expenditures 
for purposes of section 474(a)(3) if made with respect to a 
child who was residing in a foster family home or child-care 
institution shall be so considered with respect to a child not 
residing in such a home or institution--
          (1) in the case of a child who has been removed in 
        accordance with subsection (a) of this section from the 
        home of a relative specified in section 406(a) (as in 
        effect on July 16, 1996), only for expenditures--
                  (A) with respect to a period of not more than 
                the lesser of 12 months or the average length 
                of time it takes for the State to license or 
                approve a home as a foster home, in which the 
                child is in the home of a relative and an 
                application is pending for licensing or 
                approval of the home as a foster family home; 
                or
                  (B) with respect to a period of not more than 
                1 calendar month when a child moves from a 
                facility not eligible for payments under this 
                part into a foster family home or child care 
                institution licensed or approved by the State; 
                and
          (2) in the case of any other child who is potentially 
        eligible for benefits under a State plan approved under 
        this part and at imminent risk of removal from the 
        home, only if--
                  (A) reasonable efforts are being made in 
                accordance with section 471(a)(15) to prevent 
                the need for, or if necessary to pursue, 
                removal of the child from the home; and
                  (B) the State agency has made, not less often 
                than every 6 months, a determination (or 
                redetermination) as to whether the child 
                remains at imminent risk of removal from the 
                home.
  (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).
  (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.--
                  (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.

              ADOPTION AND GUARDIANSHIP ASSISTANCE PROGRAM

  Sec. 473. (a)(1)(A) Each State having a plan approved under 
this part shall enter into adoption assistance agreements (as 
defined in section 475(3)) with the adoptive parents of 
children with special needs.
  (B) Under any adoption assistance agreement entered into by a 
State with parents who adopt a child with special needs, the 
State--
          (i) shall make payments of nonrecurring adoption 
        expenses incurred by or on behalf of such parents in 
        connection with the adoption of such child, directly 
        through the State agency or through another public or 
        nonprofit private agency, in amounts determined under 
        paragraph (3), and
          (ii) in any case where the child meets the 
        requirements of paragraph (2), may make adoption 
        assistance payments to such parents, directly through 
        the State agency or through another public or nonprofit 
        private agency, in amounts so determined.
  (2)(A) For purposes of paragraph (1)(B)(ii), a child meets 
the requirements of this paragraph if--
          (i) in the case of a child who is not an applicable 
        child for the fiscal year (as defined in subsection 
        (e)), the child--
                  (I)(aa)(AA) was removed from the home of a 
                relative specified in section 406(a) (as in 
                effect on July 16, 1996) and placed in foster 
                care in accordance with a voluntary placement 
                agreement with respect to which Federal 
                payments are provided under section 474 (or 
                section 403, as such section was in effect on 
                July 16, 1996), or in accordance with a 
                judicial determination to the effect that 
                continuation in the home would be contrary to 
                the welfare of the child; and
                  (BB) met the requirements of section 
                472(a)(3) with respect to the home referred to 
                in subitem (AA) of this item;
                  (bb) meets all of the requirements of title 
                XVI with respect to eligibility for 
                supplemental security income benefits; or
                  (cc) is a child whose costs in a foster 
                family home or child-care institution are 
                covered by the foster care maintenance payments 
                being made with respect to the minor parent of 
                the child as provided in section 475(4)(B); and
                  (II) has been determined by the State, 
                pursuant to subsection (c)(1) of this section, 
                to be a child with special needs; or
          (ii) in the case of a child who is an applicable 
        child for the fiscal year (as so defined), the child--
                  (I)(aa) at the time of initiation of adoption 
                proceedings was in the care of a public or 
                licensed private child placement agency or 
                Indian tribal organization pursuant to--
                          (AA) an involuntary removal of the 
                        child from the home in accordance with 
                        a judicial determination to the effect 
                        that continuation in the home would be 
                        contrary to the welfare of the child; 
                        or
                          (BB) a voluntary placement agreement 
                        or voluntary relinquishment;
                  (bb) meets all medical or disability 
                requirements of title XVI with respect to 
                eligibility for supplemental security income 
                benefits; or
                  (cc) was residing in a foster family home or 
                child care institution with the child's minor 
                parent, and the child's minor parent was in 
                such foster family home or child care 
                institution pursuant to--
                          (AA) an involuntary removal of the 
                        child from the home in accordance with 
                        a judicial determination to the effect 
                        that continuation in the home would be 
                        contrary to the welfare of the child; 
                        or
                          (BB) a voluntary placement agreement 
                        or voluntary relinquishment; and
                  (II) has been determined by the State, 
                pursuant to subsection (c)(2), to be a child 
                with special needs.
  (B) Section 472(a)(4) shall apply for purposes of 
subparagraph (A) of this paragraph, in any case in which the 
child is an alien described in such section.
  (C) A child shall be treated as meeting the requirements of 
this paragraph for the purpose of paragraph (1)(B)(ii) if--
          (i) in the case of a child who is not an applicable 
        child for the fiscal year (as defined in subsection 
        (e)), the child--
                  (I) meets the requirements of subparagraph 
                (A)(i)(II);
                  (II) was determined eligible for adoption 
                assistance payments under this part with 
                respect to a prior adoption;
                  (III) is available for adoption because--
                          (aa) the prior adoption has been 
                        dissolved, and the parental rights of 
                        the adoptive parents have been 
                        terminated; or
                          (bb) the child's adoptive parents 
                        have died; and
                  (IV) fails to meet the requirements of 
                subparagraph (A)(i) but would meet such 
                requirements if--
                          (aa) the child were treated as if the 
                        child were in the same financial and 
                        other circumstances the child was in 
                        the last time the child was determined 
                        eligible for adoption assistance 
                        payments under this part; and
                          (bb) the prior adoption were treated 
                        as never having occurred; or
          (ii) in the case of a child who is an applicable 
        child for the fiscal year (as so defined), the child 
        meets the requirements of subparagraph (A)(ii)(II), is 
        determined eligible for adoption assistance payments 
        under this part with respect to a prior adoption (or 
        who would have been determined eligible for such 
        payments had the Adoption and Safe Families Act of 1997 
        been in effect at the time that such determination 
        would have been made), and is available for adoption 
        because the prior adoption has been dissolved and the 
        parental rights of the adoptive parents have been 
        terminated or because the child's adoptive parents have 
        died.
          (D) In determining the eligibility for adoption 
        assistance payments of a child in a legal guardianship 
        arrangement described in section 471(a)(28), the 
        placement of the child with the relative guardian 
        involved and any kinship guardianship assistance 
        payments made on behalf of the child shall be 
        considered never to have been made.
  (3) The amount of the payments to be made in any case under 
clauses (i) and (ii) of paragraph (1)(B) shall be determined 
through agreement between the adoptive parents and the State or 
local agency administering the program under this section, 
which shall take into consideration the circumstances of the 
adopting parents and the needs of the child being adopted, and 
may be readjusted periodically, with the concurrence of the 
adopting parents (which may be specified in the adoption 
assistance agreement), depending upon changes in such 
circumstances. However, in no case may the amount of the 
adoption assistance payment made under clause (ii) of paragraph 
(1)(B) exceed the foster care maintenance payment which would 
have been paid during the period if the child with respect to 
whom the adoption assistance payment is made had been in a 
foster family home.
  (4)(A) Notwithstanding any other provision of this section, a 
payment may not be made pursuant to this section to parents or 
relative guardians with respect to a child--
          (i) who has attained--
                  (I) 18 years of age, or such greater age as 
                the State may elect under section 
                475(8)(B)(iii); or
                  (II) 21 years of age, if the State determines 
                that the child has a mental or physical 
                handicap which warrants the continuation of 
                assistance;
          (ii) who has not attained 18 years of age, if the 
        State determines that the parents or relative 
        guardians, as the case may be, are no longer legally 
        responsible for the support of the child; or
          (iii) if the State determines that the child is no 
        longer receiving any support from the parents or 
        relative guardians, as the case may be.
  (B) Parents or relative guardians who have been receiving 
adoption assistance payments or kinship guardianship assistance 
payments under this section shall keep the State or local 
agency administering the program under this section informed of 
circumstances which would, pursuant to this subsection, make 
them ineligible for the payments, or eligible for the payments 
in a different amount.
  (5) For purposes of this part, individuals with whom a child 
(who has been determined by the State, pursuant to subsection 
(c), to be a child with special needs) is placed for adoption 
in accordance with applicable State and local law shall be 
eligible for such payments, during the period of the placement, 
on the same terms and subject to the same conditions as if such 
individuals had adopted such child.
  (6)(A) For purposes of paragraph (1)(B)(i), the term 
``nonrecurring adoption expenses'' means reasonable and 
necessary adoption fees, court costs, attorney fees, and other 
expenses which are directly related to the legal adoption of a 
child with special needs and which are not incurred in 
violation of State or Federal law.
  (B) A State's payment of nonrecurring adoption expenses under 
an adoption assistance agreement shall be treated as an 
expenditure made for the proper and efficient administration of 
the State plan for purposes of section 474(a)(3)(E).
  (7)(A) Notwithstanding any other provision of this 
subsection, no payment may be made to parents with respect to 
any applicable child for a fiscal year that--
          (i) would be considered a child with special needs 
        under subsection (c)(2);
          (ii) is not a citizen or resident of the United 
        States; and
          (iii) was adopted outside of the United States or was 
        brought into the United States for the purpose of being 
        adopted.
  (B) Subparagraph (A) shall not be construed as prohibiting 
payments under this part for an applicable child described in 
subparagraph (A) that is placed in foster care subsequent to 
the failure, as determined by the State, of the initial 
adoption of the child by the parents described in subparagraph 
(A).
  (8)(A) A State shall calculate the savings (if any) resulting 
from the application of paragraph (2)(A)(ii) to all applicable 
children for a fiscal year, using a methodology specified by 
the Secretary or an alternate methodology proposed by the State 
and approved by the Secretary.
  (B) A State shall annually report to the Secretary--
          (i) the methodology used to make the calculation 
        described in subparagraph (A), without regard to 
        whether any savings are found;
          (ii) the amount of any savings referred to in 
        subparagraph (A); and
          (iii) how any such savings are spent, accounting for 
        and reporting the spending separately from any other 
        spending reported to the Secretary under part B or this 
        part.
  (C) The Secretary shall make all information reported 
pursuant to subparagraph (B) available on the website of the 
Department of Health and Human Services in a location easily 
accessible to the public.
  (D)(i) A State shall spend an amount equal to the amount of 
the savings (if any) in State expenditures under this part 
resulting from the application of paragraph (2)(A)(ii) to all 
applicable children for a fiscal year, to provide to children 
of families any service that may be provided under part B or 
this part. A State shall spend not less than 30 percent of any 
such savings 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 such 30 
percent requirement being spent on post-adoption and post-
guardianship services.
  (ii) Any State spending required under clause (i) shall be 
used to supplement, and not supplant, any Federal or non-
Federal funds used to provide any service under part B or this 
part.
  (b)(1) For purposes of title XIX, any child who is described 
in paragraph (3) is deemed to be a dependent child as defined 
in section 406 (as in effect as of July 16, 1996) and deemed to 
be a recipient of aid to families with dependent children under 
part A of this title (as so in effect) in the State where such 
child resides.
  (2) For purposes of subtitle 1 of title XX, any child who is 
described in paragraph (3) is deemed to be a minor child in a 
needy family under a State program funded under part A of this 
title and deemed to be a recipient of assistance under such 
part.
  (3) A child described in this paragraph is any child--
          (A)(i) who is a child described in subsection (a)(2), 
        and
          (ii) with respect to whom an adoption assistance 
        agreement is in effect under this section (whether or 
        not adoption assistance payments are provided under the 
        agreement or are being made under this section), 
        including any such child who has been placed for 
        adoption in accordance with applicable State and local 
        law (whether or not an interlocutory or other judicial 
        decree of adoption has been issued),
          (B) with respect to whom foster care maintenance 
        payments are being made under section 472, or
          (C) with respect to whom kinship guardianship 
        assistance payments are being made pursuant to 
        subsection (d).
  (4) For purposes of paragraphs (1) and (2), a child whose 
costs in a foster family home or child-care institution are 
covered by the foster care maintenance payments being made with 
respect to the child's minor parent, as provided in section 
475(4)(B), shall be considered a child with respect to whom 
foster care maintenance payments are being made under section 
472.
  (c) For purposes of this section--
          (1) in the case of a child who is not an applicable 
        child for a fiscal year, the child shall not be 
        considered a child with special needs unless--
                  (A) the State has determined that the child 
                cannot or should not be returned to the home of 
                his parents; and
                  (B) the State had first determined (A) that 
                there exists with respect to the child a 
                specific factor or condition (such as his 
                ethnic background, age, or membership in a 
                minority or sibling group, or the presence of 
                factors such as medical conditions or physical, 
                mental, or emotional handicaps) because of 
                which it is reasonable to conclude that such 
                child cannot be placed with adoptive parents 
                without providing adoption assistance under 
                this section or medical assistance under title 
                XIX, and (B) that, except where it would be 
                against the best interests of the child because 
                of such factors as the existence of significant 
                emotional ties with prospective adoptive 
                parents while in the care of such parents as a 
                foster child, a reasonable, but unsuccessful, 
                effort has been made to place the child with 
                appropriate adoptive parents without providing 
                adoption assistance under this section or 
                medical assistance under title XIX; or
          (2) in the case of a child who is an applicable child 
        for a fiscal year, the child shall not be considered a 
        child with special needs unless--
                  (A) the State has determined, pursuant to a 
                criterion or criteria established by the State, 
                that the child cannot or should not be returned 
                to the home of his parents;
                  (B)(i) the State has determined that there 
                exists with respect to the child a specific 
                factor or condition (such as ethnic background, 
                age, or membership in a minority or sibling 
                group, or the presence of factors such as 
                medical conditions or physical, mental, or 
                emotional handicaps) because of which it is 
                reasonable to conclude that the child cannot be 
                placed with adoptive parents without providing 
                adoption assistance under this section and 
                medical assistance under title XIX; or
                  (ii) the child meets all medical or 
                disability requirements of title XVI with 
                respect to eligibility for supplemental 
                security income benefits; and
                  (C) the State has determined that, except 
                where it would be against the best interests of 
                the child because of such factors as the 
                existence of significant emotional ties with 
                prospective adoptive parents while in the care 
                of the parents as a foster child, a reasonable, 
                but unsuccessful, effort has been made to place 
                the child with appropriate adoptive parents 
                without providing adoption assistance under 
                this section or medical assistance under title 
                XIX.
  (d) Kinship Guardianship Assistance Payments for Children.--
          (1) Kinship guardianship assistance agreement.--
                  (A) In general.--In order to receive payments 
                under section 474(a)(5), a State shall--
                          (i) negotiate and enter into a 
                        written, binding kinship guardianship 
                        assistance agreement with the 
                        prospective relative guardian of a 
                        child who meets the requirements of 
                        this paragraph; and
                          (ii) provide the prospective relative 
                        guardian with a copy of the agreement.
                  (B) Minimum requirements.--The agreement 
                shall specify, at a minimum--
                          (i) the amount of, and manner in 
                        which, each kinship guardianship 
                        assistance payment will be provided 
                        under the agreement, and the manner in 
                        which the payment may be adjusted 
                        periodically, in consultation with the 
                        relative guardian, based on the 
                        circumstances of the relative guardian 
                        and the needs of the child;
                          (ii) the additional services and 
                        assistance that the child and relative 
                        guardian will be eligible for under the 
                        agreement;
                          (iii) the procedure by which the 
                        relative guardian may apply for 
                        additional services as needed; and
                          (iv) subject to subparagraph (D), 
                        that the State will pay the total cost 
                        of nonrecurring expenses associated 
                        with obtaining legal guardianship of 
                        the child, to the extent the total cost 
                        does not exceed $2,000.
                  (C) Interstate applicability.--The agreement 
                shall provide that the agreement shall remain 
                in effect without regard to the State residency 
                of the relative guardian.
                  (D) No effect on federal reimbursement.--
                Nothing in subparagraph (B)(iv) shall be 
                construed as affecting the ability of the State 
                to obtain reimbursement from the Federal 
                Government for costs described in that 
                subparagraph.
          (2) Limitations on amount of kinship guardianship 
        assistance payment.--A kinship guardianship assistance 
        payment on behalf of a child shall not exceed the 
        foster care maintenance payment which would have been 
        paid on behalf of the child if the child had remained 
        in a foster family home.
          (3) Child's eligibility for a kinship guardianship 
        assistance payment.--
                  (A) In general.--A child is eligible for a 
                kinship guardianship assistance payment under 
                this subsection if the State agency determines 
                the following:
                          (i) The child has been--
                                  (I) removed from his or her 
                                home pursuant to a voluntary 
                                placement agreement or as a 
                                result of a judicial 
                                determination to the effect 
                                that continuation in the home 
                                would be contrary to the 
                                welfare of the child; and
                                  (II) eligible for foster care 
                                maintenance payments under 
                                section 472 while residing for 
                                at least 6 consecutive months 
                                in the home of the prospective 
                                relative guardian.
                          (ii) Being returned home or adopted 
                        are not appropriate permanency options 
                        for the child.
                          (iii) The child demonstrates a strong 
                        attachment to the prospective relative 
                        guardian and the relative guardian has 
                        a strong commitment to caring 
                        permanently for the child.
                          (iv) With respect to a child who has 
                        attained 14 years of age, the child has 
                        been consulted regarding the kinship 
                        guardianship arrangement.
                  (B) Treatment of siblings.--With respect to a 
                child described in subparagraph (A) whose 
                sibling or siblings are not so described--
                          (i) the child and any sibling of the 
                        child may be placed in the same kinship 
                        guardianship arrangement, in accordance 
                        with section 471(a)(31), if the State 
                        agency and the relative agree on the 
                        appropriateness of the arrangement for 
                        the siblings; and
                          (ii) kinship guardianship assistance 
                        payments may be paid on behalf of each 
                        sibling so placed.
                  (C) Eligibility not affected by replacement 
                of guardian with a successor guardian.--In the 
                event of the death or incapacity of the 
                relative guardian, the eligibility of a child 
                for a kinship guardianship assistance payment 
                under this subsection shall not be affected by 
                reason of the replacement of the relative 
                guardian with a successor legal guardian named 
                in the kinship guardianship assistance 
                agreement referred to in paragraph (1) 
                (including in any amendment to the agreement), 
                notwithstanding subparagraph (A) of this 
                paragraph and section 471(a)(28).
  (e) Applicable Child Defined.--
          (1) On the basis of age.--
                  (A) In general.--Subject to paragraphs (2) 
                and (3), in this section, the term ``applicable 
                child'' means a child for whom an adoption 
                assistance agreement is entered into under this 
                section during any [fiscal year] period 
                described in subparagraph (B) if the child 
                attained the applicable age for that [fiscal 
                year] period before the end of that [fiscal 
                year] period.
                  (B) Applicable age.--For purposes of 
                subparagraph (A), the applicable age for a 
                [fiscal year] period is as follows:


 
----------------------------------------------------------------------------------------------------------------
               In the case of [fiscal year]:                                The applicable age is:
----------------------------------------------------------------------------------------------------------------
[2010] Fiscal year 2010....................................  16
[2011] Fiscal year 2011....................................  14
[2012] Fiscal year 2012....................................  12
[2013] Fiscal year 2013....................................  10
[2014] Fiscal year 2014....................................  8
[2015] Fiscal year 2015....................................  6
[2016] October 1, 2015, through March 31, 2019.............  4
[2017] April 1, 2019, through March 31, 2020...............  2
[2018] April 1, 2020,   or thereafter......................  any age.
----------------------------------------------------------------------------------------------------------------

          (2) Exception for duration in care.--Notwithstanding 
        paragraph (1) of this subsection, beginning with fiscal 
        year 2010, such term shall include a child of any age 
        on the date on which an adoption assistance agreement 
        is entered into on behalf of the child under this 
        section if the child--
                  (A) has been in foster care under the 
                responsibility of the State for at least 60 
                consecutive months; and
                  (B) meets the requirements of subsection 
                (a)(2)(A)(ii).
          (3) Exception for member of a sibling group.--
        Notwithstanding paragraphs (1) and (2) of this 
        subsection, beginning with fiscal year 2010, such term 
        shall include a child of any age on the date on which 
        an adoption assistance agreement is entered into on 
        behalf of the child under this section without regard 
        to whether the child is described in paragraph (2)(A) 
        of this subsection if the child--
                  (A) is a sibling of a child who is an 
                applicable child for the fiscal year under 
                paragraph (1) or (2) of this subsection;
                  (B) is to be placed in the same adoption 
                placement as an applicable child for the fiscal 
                year who is their sibling; and
                  (C) meets the requirements of subsection 
                (a)(2)(A)(ii).

SEC. 473A. ADOPTION AND LEGAL GUARDIANSHIP INCENTIVE PAYMENTS.

  (a) Grant Authority.--Subject to the availability of such 
amounts as may be provided in advance in appropriations Acts 
for this purpose, the Secretary shall make a grant to each 
State that is an incentive-eligible State for a fiscal year in 
an amount equal to the adoption and legal guardianship 
incentive payment payable to the State under this section for 
the fiscal year, which shall be payable in the immediately 
succeeding fiscal year.
  (b) Incentive-Eligible State.--A State is an incentive-
eligible State for a fiscal year if--
          (1) the State has a plan approved under this part for 
        the fiscal year;
          (2) the State is in compliance with subsection (c) 
        for the fiscal year;
          (3) the State provides health insurance coverage to 
        any child with special needs (as determined under 
        section 473(c)) for whom there is in effect an adoption 
        assistance agreement between a State and an adoptive 
        parent or parents; and
          (4) the fiscal year is any of fiscal years [2013 
        through 2015] 2016 through 2020.
  (c) Data Requirements.--
          (1) In general.--A State is in compliance with this 
        subsection for a fiscal year if the State has provided 
        to the Secretary the data described in paragraph (2)--
                  (A) for fiscal years 1995 through 1997 (or, 
                if the first fiscal year for which the State 
                seeks a grant under this section is after 
                fiscal year 1998, the fiscal year that precedes 
                such first fiscal year); and
                  (B) for each succeeding fiscal year that 
                precedes the fiscal year.
          (2) Determination of rates of adoptions and 
        guardianships based on afcars data.--The Secretary 
        shall determine each of the rates required to be 
        determined under this section with respect to a State 
        and a fiscal year, on the basis of data meeting the 
        requirements of the system established pursuant to 
        section 479, as reported by the State and approved by 
        the Secretary by August 1 of the succeeding fiscal 
        year, and, with respect to the determination of the 
        rates related to foster child guardianships, on the 
        basis of information reported to the Secretary under 
        paragraph (12) of subsection (g).
          (3) No waiver of afcars requirements.--This section 
        shall not be construed to alter or affect any 
        requirement of section 479 or of any regulation 
        prescribed under such section with respect to reporting 
        of data by States, or to waive any penalty for failure 
        to comply with such a requirement.
  (d) Adoption and Legal Guardianship Incentive Payment.--
          (1) In general.--Except as provided in paragraphs (2) 
        and (3), the adoption and legal guardianship incentive 
        payment payable to a State for a fiscal year under this 
        section shall be equal to the sum of--
                  (A) $5,000, multiplied by the amount (if any) 
                by which--
                          (i) the number of foster child 
                        adoptions in the State during the 
                        fiscal year; exceeds
                          (ii) the product (rounded to the 
                        nearest whole number) of--
                                  (I) the base rate of foster 
                                child adoptions for the State 
                                for the fiscal year; and
                                  (II) the number of children 
                                in foster care under the 
                                supervision of the State on the 
                                last day of the preceding 
                                fiscal year;
                  (B) $7,500, multiplied by the amount (if any) 
                by which--
                          (i) the number of pre-adolescent 
                        child adoptions and pre-adolescent 
                        foster child guardianships in the State 
                        during the fiscal year; exceeds
                          (ii) the product (rounded to the 
                        nearest whole number) of--
                                  (I) the base rate of pre-
                                adolescent child adoptions and 
                                pre-adolescent foster child 
                                guardianships for the State for 
                                the fiscal year; and
                                  (II) the number of children 
                                in foster care under the 
                                supervision of the State on the 
                                last day of the preceding 
                                fiscal year who have attained 9 
                                years of age but not 14 years 
                                of age; and
                  (C) $10,000, multiplied by the amount (if 
                any) by which--
                          (i) the number of older child 
                        adoptions and older foster child 
                        guardianships in the State during the 
                        fiscal year; exceeds
                          (ii) the product (rounded to the 
                        nearest whole number) of--
                                  (I) the base rate of older 
                                child adoptions and older 
                                foster child guardianships for 
                                the State for the fiscal year; 
                                and
                                  (II) the number of children 
                                in foster care under the 
                                supervision of the State on the 
                                last day of the preceding 
                                fiscal year who have attained 
                                14 years of age; and
                  (D) $4,000, multiplied by the amount (if any) 
                by which--
                          (i) the number of foster child 
                        guardianships in the State during the 
                        fiscal year; exceeds
                          (ii) the product (rounded to the 
                        nearest whole number) of--
                                  (I) the base rate of foster 
                                child guardianships for the 
                                State for the fiscal year; and
                                  (II) the number of children 
                                in foster care under the 
                                supervision of the State on the 
                                last day of the preceding 
                                fiscal year.
          (2) Pro rata adjustment if insufficient funds 
        available.--For any fiscal year, if the total amount of 
        adoption incentive payments otherwise payable under 
        paragraph (1) for a fiscal year exceeds the amount 
        appropriated pursuant to subsection (h) for the fiscal 
        year, the amount of the adoption incentive payment 
        payable to each State under paragraph (1) for the 
        fiscal year shall be--
                  (A) the amount of the adoption and legal 
                guardianship incentive payment that would 
                otherwise be payable to the State under 
                paragraph (1) for the fiscal year; multiplied 
                by
                  (B) the percentage represented by the amount 
                so appropriated for the fiscal year, divided by 
                the total amount of adoption and legal 
                guardianship incentive payments otherwise 
                payable under paragraph (1) for the fiscal 
                year.
          (3) Increased adoption and legal guardianship 
        incentive payment for timely adoptions.--
                  (A) In general.--If for any of fiscal years 
                2013 through 2015, the total amount of adoption 
                and legal guardianship incentive payments 
                payable under paragraph (1) of this subsection 
                are less than the amount appropriated under 
                subsection (h) for the fiscal year, then, from 
                the remainder of the amount appropriated for 
                the fiscal year that is not required for such 
                payments (in this paragraph referred to as the 
                ``timely adoption award pool''), the Secretary 
                shall increase the adoption incentive payment 
                determined under paragraph (1) for each State 
                that the Secretary determines is a timely 
                adoption award State for the fiscal year by the 
                award amount determined for the fiscal year 
                under subparagraph (C).
                  (B) Timely adoption award state defined.--A 
                State is a timely adoption award State for a 
                fiscal year if the Secretary determines that, 
                for children who were in foster care under the 
                supervision of the State at the time of 
                adoptive placement, the average number of 
                months from removal of children from their home 
                to the placement of children in finalized 
                adoptions is less than 24 months.
                  (C) Award amount.--For purposes of 
                subparagraph (A), the award amount determined 
                under this subparagraph with respect to a 
                fiscal year is the amount equal to the timely 
                adoption award pool for the fiscal year divided 
                by the number of timely adoption award States 
                for the fiscal year.
  (e)  36-month Availability of Incentive Payments.--Payments 
to a State under this section in a fiscal year shall remain 
available for use by the State for the 36-month period 
beginning with the month in which the payments are made.
  (f) Limitations on Use of Incentive Payments.--A State shall 
not expend an amount paid to the State under this section 
except to provide to children or families any service 
(including post-adoption services) that may be provided under 
part B or E, and shall use the amount to supplement, and not 
supplant, any Federal or non-Federal funds used to provide any 
service under part B or E. Amounts expended by a State in 
accordance with the preceding sentence shall be disregarded in 
determining State expenditures for purposes of Federal matching 
payments under sections 424, 434, and 474.
  (g) Definitions.--As used in this section:
          (1) Foster child adoption rate.--The term ``foster 
        child adoption rate'' means, with respect to a State 
        and a fiscal year, the percentage determined by 
        dividing--
                  (A) the number of foster child adoptions 
                finalized in the State during the fiscal year; 
                by
                  (B) the number of children in foster care 
                under the supervision of the State on the last 
                day of the preceding fiscal year.
          (2) Base rate of foster child adoptions.--The term 
        ``base rate of foster child adoptions'' means, with 
        respect to a State and a fiscal year, the lesser of--
                  (A) the foster child adoption rate for the 
                State for the then immediately preceding fiscal 
                year; or
                  (B) the foster child adoption rate for the 
                State for the average of the then immediately 
                preceding 3 fiscal years.
          (3) Foster child adoption.--The term ``foster child 
        adoption'' means the final adoption of a child who, at 
        the time of adoptive placement, was in foster care 
        under the supervision of the State.
          (4) Pre-adolescent child adoption and pre-adolescent 
        foster child guardianship rate.--The term ``pre-
        adolescent child adoption and pre-adolescent foster 
        child guardianship rate'' means, with respect to a 
        State and a fiscal year, the percentage determined by 
        dividing--
                  (A) the number of pre-adolescent child 
                adoptions and pre-adolescent foster child 
                guardianships finalized in the State during the 
                fiscal year; by
                  (B) the number of children in foster care 
                under the supervision of the State on the last 
                day of the preceding fiscal year, who have 
                attained 9 years of age but not 14 years of 
                age.
          (5) Base rate of pre-adolescent child adoptions and 
        pre-adolescent foster child guardianships.--The term 
        ``base rate of pre-adolescent child adoptions and pre-
        adolescent foster child guardianships'' means, with 
        respect to a State and a fiscal year, the lesser of--
                  (A) the pre-adolescent child adoption and 
                pre-adolescent foster child guardianship rate 
                for the State for the then immediately 
                preceding fiscal year; or
                  (B) the pre-adolescent child adoption and 
                pre-adolescent foster child guardianship rate 
                for the State for the average of the then 
                immediately preceding 3 fiscal years.
          (6) Pre-adolescent child adoption and pre-adolescent 
        foster child guardianship.--The term ``pre-adolescent 
        child adoption and pre-adolescent foster child 
        guardianship'' means the final adoption, or the 
        placement into foster child guardianship (as defined in 
        paragraph (12)) of a child who has attained 9 years of 
        age but not 14 years of age if--
                  (A) at the time of the adoptive or foster 
                child guardianship placement, the child was in 
                foster care under the supervision of the State; 
                or
                  (B) an adoption assistance agreement was in 
                effect under section 473(a) with respect to the 
                child.
          (7) Older child adoption and older foster child 
        guardianship rate.--The term ``older child adoption and 
        older foster child guardianship rate'' means, with 
        respect to a State and a fiscal year, the percentage 
        determined by dividing--
                  (A) the number of older child adoptions and 
                older foster child guardianships finalized in 
                the State during the fiscal year; by
                  (B) the number of children in foster care 
                under the supervision of the State on the last 
                day of the preceding fiscal year, who have 
                attained 14 years of age.
          (8) Base rate of older child adoptions and older 
        foster child guardianships.--The term ``base rate of 
        older child adoptions and older foster child 
        guardianships'' means, with respect to a State and a 
        fiscal year, the lesser of--
                  (A) the older child adoption and older foster 
                child guardianship rate for the State for the 
                then immediately preceding fiscal year; or
                  (B) the older child adoption and older foster 
                child guardianship rate for the State for the 
                average of the then immediately preceding 3 
                fiscal years.
          (9) Older child adoption and older foster child 
        guardianship.--The term ``older child adoption and 
        older foster child guardianship'' means the final 
        adoption, or the placement into foster child 
        guardianship (as defined in paragraph (12)) of a child 
        who has attained 14 years of age if--
                  (A) at the time of the adoptive or foster 
                child guardianship placement, the child was in 
                foster care under the supervision of the State; 
                or
                  (B) an adoption assistance agreement was in 
                effect under section 473(a) with respect to the 
                child.
          (10) Foster child guardianship rate.--The term 
        ``foster child guardianship rate'' means, with respect 
        to a State and a fiscal year, the percentage determined 
        by dividing--
                  (A) the number of foster child guardianships 
                occurring in the State during the fiscal year; 
                by
                  (B) the number of children in foster care 
                under the supervision of the State on the last 
                day of the preceding fiscal year.
          (11) Base rate of foster child guardianships.--The 
        term ``base rate of foster child guardianships'' means, 
        with respect to a State and a fiscal year, the lesser 
        of--
                  (A) the foster child guardianship rate for 
                the State for the then immediately preceding 
                fiscal year; or
                  (B) the foster child guardianship rate for 
                the State for the average of the then 
                immediately preceding 3 fiscal years.
          (12) Foster child guardianship.--The term ``foster 
        child guardianship'' means, with respect to a State, 
        the exit of a child from foster care under the 
        responsibility of the State to live with a legal 
        guardian, if the State has reported to the Secretary--
                  (A) that the State agency has determined 
                that--
                          (i) the child has been removed from 
                        his or her home pursuant to a voluntary 
                        placement agreement or as a result of a 
                        judicial determination to the effect 
                        that continuation in the home would be 
                        contrary to the welfare of the child;
                          (ii) being returned home or adopted 
                        are not appropriate permanency options 
                        for the child;
                          (iii) the child demonstrates a strong 
                        attachment to the prospective legal 
                        guardian, and the prospective legal 
                        guardian has a strong commitment to 
                        caring permanently for the child; and
                          (iv) if the child has attained 14 
                        years of age, the child has been 
                        consulted regarding the legal 
                        guardianship arrangement; or
                  (B) the alternative procedures used by the 
                State to determine that legal guardianship is 
                the appropriate option for the child.
  (h) Limitations on Authorization of Appropriations.--
          (1) In general.--For grants under subsection (a), 
        there are authorized to be appropriated to the 
        Secretary--
                  (A) $20,000,000 for fiscal year 1999;
                  (B) $43,000,000 for fiscal year 2000;
                  (C) $20,000,000 for each of fiscal years 2001 
                through 2003; and
                  (D) $43,000,000 for each of fiscal years 2004 
                through [2016] 2021.
          (2) Availability.--Amounts appropriated under 
        paragraph (1), or under any other law for grants under 
        subsection (a), are authorized to remain available 
        until expended, but not after fiscal year [2016] 2021.
  (i) Technical Assistance.--
          (1) In general.--The Secretary may, directly or 
        through grants or contracts, provide technical 
        assistance to assist States and local communities to 
        reach their targets for increased numbers of adoptions 
        and, to the extent that adoption is not possible, 
        alternative permanent placements, for children in 
        foster care.
          (2) Description of the character of the technical 
        assistance.--The technical assistance provided under 
        paragraph (1) may support the goal of encouraging more 
        adoptions out of the foster care system, when adoptions 
        promote the best interests of children, and may include 
        the following:
                  (A) The development of best practice 
                guidelines for expediting termination of 
                parental rights.
                  (B) Models to encourage the use of concurrent 

                planning.
                  (C) The development of specialized units and 
                expertise in moving children toward adoption as 
                a permanency goal.
                  (D) The development of risk assessment tools 
                to facilitate early identification of the 
                children who will be at risk of harm if 
                returned home.
                  (E) Models to encourage the fast tracking of 
                children who have not attained 1 year of age 
                into pre-adoptive placements.
                  (F) Development of programs that place 
                children into pre-adoptive families without 
                waiting for termination of parental rights.
          (3) Targeting of technical assistance to the 
        courts.--Not less than 50 percent of any amount 
        appropriated pursuant to paragraph (4) shall be used to 
        provide technical assistance to the courts.
          (4) Limitations on authorization of appropriations.--
        To carry out this subsection, there are authorized to 
        be appropriated to the Secretary of Health and Human 
        Services not to exceed $10,000,000 for each of fiscal 
        years 2004 through 2006.

                PAYMENTS TO STATES; ALLOTMENTS TO STATES

  Sec. 474. (a) For each quarter beginning after September 30, 
1980, each State which has a plan approved under this part 
shall be entitled to a payment equal to the sum of--
          (1) subject to subsections (j) and (k) of section 
        472, 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 such 
        quarter as foster care maintenance payments under 
        section 472 for children in foster family homes or 
        child-care institutions (or, with respect to such 
        payments made during such 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 
        such Indian tribe, tribal organization, or tribal 
        consortium made such 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); plus
          (2) 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 such 
        quarter as adoption assistance payments under section 
        473 pursuant to adoption assistance agreements (or, 
        with respect to such payments made during such 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 such Indian tribe, tribal 
        organization, or tribal consortium made such 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); plus
          (3) subject to section 472(i) an amount equal to the 
        sum of the following proportions of the total amounts 
        expended during such quarter as found necessary by the 
        Secretary for the provision of child placement services 
        and for the proper and efficient administration of the 
        State plan--
                  (A) 75 per centum of so much of such 
                expenditures as are for the training (including 
                both short-and long-term training at 
                educational institutions through grants to such 
                institutions or by direct financial assistance 
                to students enrolled in such institutions) of 
                personnel employed or preparing for employment 
                by the State agency or by the local agency 
                administering the plan in the political 
                subdivision,
                  (B) 75 percent of so much of such 
                expenditures (including travel and per diem 
                expenses) as are for the short-term training of 
                current or prospective foster or adoptive 
                parents or relative guardians, the members of 
                the staff of State-licensed or State-approved 
                child care institutions providing care, or 
                State-licensed or State-approved child welfare 
                agencies providing services, to children 
                receiving assistance under this part, and 
                members of the staff of abuse and neglect 
                courts, agency attorneys, attorneys 
                representing children or parents, guardians ad 
                litem, or other court-appointed special 
                advocates representing children in proceedings 
                of such courts, in ways that increase the 
                ability of such current or prospective parents, 
                guardians, staff members, institutions, 
                attorneys, and advocates to provide support and 
                assistance to foster and adopted children and 
                children living with relative guardians, 
                whether incurred directly by the State or by 
                contract,
                  (C) 50 percent of so much of such 
                expenditures as are for the planning, design, 
                development, or installation of statewide 
                mechanized data collection and information 
                retrieval systems (including 50 percent of the 
                full amount of expenditures for hardware 
                components for such systems) but only to the 
                extent that such systems--
                          (i) meet the requirements imposed by 
                        regulations promulgated pursuant to 
                        section 479(b)(2);
                          (ii) to the extent practicable, are 
                        capable of interfacing with the State 
                        data collection system that collects 
                        information relating to child abuse and 
                        neglect;
                          (iii) to the extent practicable, have 
                        the capability of interfacing with, and 
                        retrieving information from, the State 
                        data collection system that collects 
                        information relating to the eligibility 
                        of individuals under part A (for the 
                        purposes of facilitating verification 
                        of eligibility of foster children); and
                          (iv) are determined by the Secretary 
                        to be likely to provide more efficient, 
                        economical, and effective 
                        administration of the programs carried 
                        out under a State plan approved under 
                        part B or this part; and
                  (D) 50 percent of so much of such 
                expenditures as are for the operation of the 
                statewide mechanized data collection and 
                information retrieval systems referred to in 
                subparagraph (C); and
                  (E) one-half of the remainder of such 
                expenditures; plus
          (4) an amount equal to the amount (if any) by which--
                  (A) the lesser of--
                          (i) 80 percent of the amounts 
                        expended by the State during the fiscal 
                        year in which the quarter occurs to 
                        carry out programs in accordance with 
                        the State application approved under 
                        section 477(b) for the period in which 
                        the quarter occurs (including any 
                        amendment that meets the requirements 
                        of section 477(b)(5)); or
                          (ii) the amount allotted to the State 
                        under section 477(c)(1) for the fiscal 
                        year in which the quarter occurs, 
                        reduced by the total of the amounts 
                        payable to the State under this 
                        paragraph for all prior quarters in the 
                        fiscal year; exceeds
                  (B) the total amount of any penalties 
                assessed against the State under section 477(e) 
                during the fiscal year in which the quarter 
                occurs; plus
          (5) an amount equal to the percentage by which the 
        expenditures referred to in paragraph (2) of this 
        subsection are reimbursed of the total amount expended 
        during such quarter as kinship guardianship assistance 
        payments under section 473(d) pursuant to kinship 
        guardianship assistance agreements[.]; plus
          (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
                          (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; plus
          (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.
  (b)(1) The Secretary shall, prior to the beginning of each 
quarter, estimate the amount to which a State will be entitled 
under subsections (a) for such quarter, such estimates to be 
based on (A) a report filed by the State containing its 
estimate of the total sum to be expended in such quarter in 
accordance with subsection (a), and stating the amount 
appropriated or made available by the State and its political 
subdivisions for such expenditures in such quarter, and if such 
amount is less than the State's proportionate share of the 
total sum of such estimated expenditures, the source or sources 
from which the difference is expected to be derived, (B) 
records showing the number of children in the State receiving 
assistance under this part, and (C) such other investigation as 
the Secretary may find necessary.
  (2) The Secretary shall then pay to the State, in such 
installments as he may determine, the amounts so estimated, 
reduced or increased to the extent of any overpayment or 
underpayment which the Secretary determines was made under this 
section to such State for any prior quarter and with respect to 
which adjustment has not already been made under this 
subsection.
  (3) The pro rata share to which the United States is 
equitably entitled, as determined by the Secretary, of the net 
amount recovered during any quarter by the State or any 
political subdivision thereof with respect to foster care and 
adoption assistance furnished under the State plan shall be 
considered an overpayment to be adjusted under this subsection.
  (4)(A) Within 60 days after receipt of a State claim for 
expenditures pursuant to subsection (a), the Secretary shall 
allow, disallow, or defer such claim.
  (B) Within 15 days after a decision to defer such a State 
claim, the Secretary shall notify the State of the reasons for 
the deferral and of the additional information necessary to 
determine the allowability of the claim.
  (C) Within 90 days after receiving such necessary information 
(in readily reviewable form), the Secretary shall--
          (i) disallow the claim, if able to complete the 
        review and determine that the claim is not allowable, 
        or
          (ii) in any other case, allow the claim, subject to 
        disallowance (as necessary)--
                  (I) upon completion of the review, if it is 
                determined that the claim is not allowable; or
                  (II) on the basis of findings of an audit or 
                financial management review.
  (c) Automated Data Collection Expenditures.--The Secretary 
shall treat as necessary for the proper and efficient 
administration of the State plan all expenditures of a State 
necessary in order for the State to plan, design, develop, 
install, and operate data collection and information retrieval 
systems described in subsection (a)(3)(C), without regard to 
whether the systems may be used with respect to foster or 
adoptive children other than those on behalf of whom foster 
care maintenance payments or adoption assistance payments may 
be made under this part.
  (d)(1) If, during any quarter of a fiscal year, a State's 
program operated under this part is found, as a result of a 
review conducted under section 1123A, or otherwise, to have 
violated paragraph (18) or (23) of section 471(a) with respect 
to a person or to have failed to implement a corrective action 
plan within a period of time not to exceed 6 months with 
respect to such violation, then, notwithstanding subsection (a) 
of this section and any regulations promulgated under section 
1123A(b)(3), the Secretary shall reduce the amount otherwise 
payable to the State under this part, for that fiscal year 
quarter and for any subsequent quarter of such fiscal year, 
until the State program is found, as a result of a subsequent 
review under section 1123A, to have implemented a corrective 
action plan with respect to such violation, by--
          (A) 2 percent of such otherwise payable amount, in 
        the case of the 1st such finding for the fiscal year 
        with respect to the State;
          (B) 3 percent of such otherwise payable amount, in 
        the case of the 2nd such finding for the fiscal year 
        with respect to the State; or
          (C) 5 percent of such otherwise payable amount, in 
        the case of the 3rd or subsequent such finding for the 
        fiscal year with respect to the State.
In imposing the penalties described in this paragraph, the 
Secretary shall not reduce any fiscal year payment to a State 
by more than 5 percent.
  (2) Any other entity which is in a State that receives funds 
under this part and which violates paragraph (18) or (23) of 
section 471(a) during a fiscal year quarter with respect to any 
person shall remit to the Secretary all funds that were paid by 
the State to the entity during the quarter from such funds.
  (3)(A) Any individual who is aggrieved by a violation of 
section 471(a)(18) by a State or other entity may bring an 
action seeking relief from the State or other entity in any 
United States district court.
  (B) An action under this paragraph may not be brought more 
than 2 years after the date the alleged violation occurred.
  (4) This subsection shall not be construed to affect the 
application of the Indian Child Welfare Act of 1978.
  (e) Discretionary Grants for Educational and Training 
Vouchers for Youths Aging out of Foster Care.--From amounts 
appropriated pursuant to section 477(h)(2), the Secretary may 
make a grant to a State with a plan approved under this part, 
for a calendar quarter, in an amount equal to the lesser of--
          (1) 80 percent of the amounts expended by the State 
        during the quarter to carry out programs for the 
        purposes described in section 477(a)(6); or
          (2) the amount, if any, allotted to the State under 
        section 477(c)(3) for the fiscal year in which the 
        quarter occurs, reduced by the total of the amounts 
        payable to the State under this subsection for such 
        purposes for all prior quarters in the fiscal year.
  (f)(1) If the Secretary finds that a State has failed to 
submit to the Secretary data, as required by regulation, for 
the data collection system implemented under section 479, the 
Secretary shall, within 30 days after the date by which the 
data was due to be so submitted, notify the State of the 
failure and that payments to the State under this part will be 
reduced if the State fails to submit the data, as so required, 
within 6 months after the date the data was originally due to 
be so submitted.
  (2) If the Secretary finds that the State has failed to 
submit the data, as so required, by the end of the 6-month 
period referred to in paragraph (1) of this subsection, then, 
notwithstanding subsection (a) of this section and any 
regulations promulgated under section 1123A(b)(3), the 
Secretary shall reduce the amounts otherwise payable to the 
State under this part, for each quarter ending in the 6-month 
period (and each quarter ending in each subsequent 
consecutively occurring 6-month period until the Secretary 
finds that the State has submitted the data, as so required), 
by--
          (A) \1/6\ of 1 percent of the total amount expended 
        by the State for administration of foster care 
        activities under the State plan approved under this 
        part in the quarter so ending, in the case of the 1st 
        6-month period during which the failure continues; or
          (B) \1/4\ of 1 percent of the total amount so 
        expended, in the case of the 2nd or any subsequent such 
        6-month period.
  (g) For purposes of this part, after the termination of a 
demonstration project relating to guardianship conducted by a 
State under section 1130, the expenditures of the State for the 
provision, to children who, as of September 30, 2008, were 
receiving assistance or services under the project, of the same 
assistance and services under the same terms and conditions 
that applied during the conduct of the project, are deemed to 
be expenditures under the State plan approved under this part.

                              DEFINITIONS

  Sec. 475. As used in this part or part B of this title:
          (1) The term ``case plan'' means a written document 
        which meets the requirements of section 475A and 
        includes at least the following:
                  (A) A description of the type of home or 
                institution in which a child is to be placed, 
                including a discussion of the safety and 
                appropriateness of the placement and how the 
                agency which is responsible for the child plans 
                to carry out the voluntary placement agreement 
                entered into or judicial determination made 
                with respect to the child in accordance with 
                section 472(a)(1).
                  (B) A plan for assuring that the child 
                receives safe and proper care and that services 
                are provided to the parents, child, and foster 
                parents in order to improve the conditions in 
                the parents' home, facilitate return of the 
                child to his own safe home or the permanent 
                placement of the child, and address the needs 
                of the child while in foster care, including a 
                discussion of the appropriateness of the 
                services that have been provided to the child 
                under the plan. With respect to a child who has 
                attained 14 years of age, the plan developed 
                for the child in accordance with this 
                paragraph, and any revision or addition to the 
                plan, shall be developed in consultation with 
                the child and, at the option of the child, with 
                up to 2 members of the case planning team who 
                are chosen by the child and who are not a 
                foster parent of, or caseworker for, the child. 
                A State may reject an individual selected by a 
                child to be a member of the case planning team 
                at any time if the State has good cause to 
                believe that the individual would not act in 
                the best interests of the child. One individual 
                selected by a child to be a member of the 
                child's case planning team may be designated to 
                be the child's advisor and, as necessary, 
                advocate, with respect to the application of 
                the reasonable and prudent parent standard to 
                the child.
                  (C) The health and education records of the 
                child, including the most recent information 
                available regarding--
                          (i) the names and addresses of the 
                        child's health and educational 
                        providers;
                          (ii) the child's grade level 
                        performance;
                          (iii) the child's school record;
                          (iv) a record of the child's 
                        immunizations;
                          (v) the child's known medical 
                        problems;
                          (vi) the child's medications; and
                          (vii) any other relevant health and 
                        education information concerning the 
                        child determined to be appropriate by 
                        the State agency.
                  (D) For a child who has attained 14 years of 
                age or over, a written description of the 
                programs and services which will help such 
                child prepare for the transition from foster 
                care to a successful adulthood.
                  (E) In the case of a child with respect to 
                whom the permanency plan is adoption or 
                placement in another permanent home, 
                documentation of the steps the agency is taking 
                to find an adoptive family or other permanent 
                living arrangement for the child, to place the 
                child with an adoptive family, a fit and 
                willing relative, a legal guardian, or in 
                another planned permanent living arrangement, 
                and to finalize the adoption or legal 
                guardianship. At a minimum, such documentation 
                shall include child specific recruitment 
                efforts such as the use of State, regional, and 
                national adoption exchanges including 
                electronic exchange systems to facilitate 
                orderly and timely in-State and interstate 
                placements.
                  (F) In the case of a child with respect to 
                whom the permanency plan is placement with a 
                relative and receipt of kinship guardianship 
                assistance payments under section 473(d), a 
                description of--
                          (i) the steps that the agency has 
                        taken to determine that it is not 
                        appropriate for the child to be 
                        returned home or adopted;
                          (ii) the reasons for any separation 
                        of siblings during placement;
                          (iii) the reasons why a permanent 
                        placement with a fit and willing 
                        relative through a kinship guardianship 
                        assistance arrangement is in the 
                        child's best interests;
                          (iv) the ways in which the child 
                        meets the eligibility requirements for 
                        a kinship guardianship assistance 
                        payment;
                          (v) the efforts the agency has made 
                        to discuss adoption by the child's 
                        relative foster parent as a more 
                        permanent alternative to legal 
                        guardianship and, in the case of a 
                        relative foster parent who has chosen 
                        not to pursue adoption, documentation 
                        of the reasons therefor; and
                          (vi) the efforts made by the State 
                        agency to discuss with the child's 
                        parent or parents the kinship 
                        guardianship assistance arrangement, or 
                        the reasons why the efforts were not 
                        made.
                  (G) A plan for ensuring the educational 
                stability of the child while in foster care, 
                including--
                          (i) assurances that each placement of 
                        the child in foster care takes into 
                        account the appropriateness of the 
                        current educational setting and the 
                        proximity to the school in which the 
                        child is enrolled at the time of 
                        placement; and
                          (ii)(I) an assurance that the State 
                        agency has coordinated with appropriate 
                        local educational agencies (as defined 
                        under section 8101 of the Elementary 
                        and Secondary Education Act of 1965) to 
                        ensure that the child remains in the 
                        school in which the child is enrolled 
                        at the time of each placement; or
                  (II) if remaining in such school is not in 
                the best interests of the child, assurances by 
                the State agency and the local educational 
                agencies to provide immediate and appropriate 
                enrollment in a new school, with all of the 
                educational records of the child provided to 
                the school.
          (2) The term ``parents'' means biological or adoptive 
        parents or legal guardians, as determined by applicable 
        State law.
          (3) The term ``adoption assistance agreement'' means 
        a written agreement, binding on the parties to the 
        agreement, between the State agency, other relevant 
        agencies, and the prospective adoptive parents of a 
        minor child which at a minimum (A) specifies the nature 
        and amount of any payments, services, and assistance to 
        be provided under such agreement, and (B) stipulates 
        that the agreement shall remain in effect regardless of 
        the State of which the adoptive parents are residents 
        at any given time. The agreement shall contain 
        provisions for the protection (under an interstate 
        compact approved by the Secretary or otherwise) of the 
        interests of the child in cases where the adoptive 
        parents and child move to another State while the 
        agreement is effective.
          (4)(A) The term ``foster care maintenance payments'' 
        means payments to cover the cost of (and the cost of 
        providing) food, clothing, shelter, daily supervision, 
        school supplies, a child's personal incidentals, 
        liability insurance with respect to a child, reasonable 
        travel to the child's home for visitation, and 
        reasonable travel for the child to remain in the school 
        in which the child is enrolled at the time of 
        placement. In the case of institutional care, such term 
        shall include the reasonable costs of administration 
        and operation of such institution as are necessarily 
        required to provide the items described in the 
        preceding sentence.
                  (B) In cases where--
                          (i) a child placed in a foster family 
                        home or child-care institution is the 
                        parent of a son or daughter who is in 
                        the same home or institution, and
                          (ii) payments described in 
                        subparagraph (A) are being made under 
                        this part with respect to such child,
                the foster care maintenance payments made with 
                respect to such child as otherwise determined 
                under subparagraph (A) shall also include such 
                amounts as may be necessary to cover the cost 
                of the items described in that subparagraph 
                with respect to such son or daughter.
          (5) The term ``case review system'' means a procedure 
        for assuring that--
                  (A) each child has a case plan designed to 
                achieve placement in a safe setting that is the 
                least restrictive (most family like) and most 
                appropriate setting available and in close 
                proximity to the parents' home, consistent with 
                the best interest and special needs of the 
                child, which--
                          (i) if the child has been placed in a 
                        foster family home or child-care 
                        institution a substantial distance from 
                        the home of the parents of the child, 
                        or in a State different from the State 
                        in which such home is located, sets 
                        forth the reasons why such placement is 
                        in the best interests of the child, and
                          (ii) if the child has been placed in 
                        foster care outside the State in which 
                        the home of the parents of the child is 
                        located, requires that, periodically, 
                        but not less frequently than every 6 
                        months, a caseworker on the staff of 
                        the State agency of the State in which 
                        the home of the parents of the child is 
                        located, of the State in which the 
                        child has been placed, or of a private 
                        agency under contract with either such 
                        State, visit such child in such home or 
                        institution and submit a report on such 
                        visit to the State in which the home of 
                        the parents of the child is located,
                  (B) the status of each child is reviewed 
                periodically but no less frequently than once 
                every six months by either a court or by 
                administrative review (as defined in paragraph 
                (6)) in order to determine the safety of the 
                child, the continuing necessity for and 
                appropriateness of the placement, the extent of 
                compliance with the case plan, and the extent 
                of progress which has been made toward 
                alleviating or mitigating the causes 
                necessitating placement in foster care, and to 
                project a likely date by which the child may be 
                returned to and safely maintained in the home 
                or placed for adoption or legal guardianship, 
                and, for a child for whom another planned 
                permanent living arrangement has been 
                determined as the permanency plan, the steps 
                the State agency is taking to ensure the 
                child's foster family home or child care 
                institution is following the reasonable and 
                prudent parent standard and to ascertain 
                whether the child has regular, ongoing 
                opportunities to engage in age or 
                developmentally appropriate activities 
                (including by consulting with the child in an 
                age-appropriate manner about the opportunities 
                of the child to participate in the activities);
                  (C) with respect to each such child, (i) 
                procedural safeguards will be applied, among 
                other things, to assure each child in foster 
                care under the supervision of the State of a 
                permanency hearing to be held, in a family or 
                juvenile court or another court (including a 
                tribal court) of competent jurisdiction, or by 
                an administrative body appointed or approved by 
                the court, no later than 12 months after the 
                date the child is considered to have entered 
                foster care (as determined under subparagraph 
                (F)) (and not less frequently than every 12 
                months thereafter during the continuation of 
                foster care), which hearing shall determine the 
                permanency plan for the child that includes 
                whether, and if applicable when, the child will 
                be returned to the parent, placed for adoption 
                and the State will file a petition for 
                termination of parental rights, or referred for 
                legal guardianship, or only in the case of a 
                child who has attained 16 years of age (in 
                cases where the State agency has documented to 
                the State court a compelling reason for 
                determining, as of the date of the hearing, 
                that it would not be in the best interests of 
                the child to return home, be referred for 
                termination of parental rights, or be placed 
                for adoption, with a fit and willing relative, 
                or with a legal guardian) placed in another 
                planned permanent living arrangement, subject 
                to section 475A(a), in the case of a child who 
                will not be returned to the parent, the hearing 
                shall consider in-State and out-of-State 
                placement options, and, in the case of a child 
                described in subparagraph (A)(ii), the hearing 
                shall determine whether the out-of-State 
                placement continues to be appropriate and in 
                the best interests of the child, and, in the 
                case of a child who has attained age 14, the 
                services needed to assist the child to make the 
                transition from foster care to a successful 
                adulthood; (ii) procedural safeguards shall be 
                applied with respect to parental rights 
                pertaining to the removal of the child from the 
                home of his parents, to a change in the child's 
                placement, and to any determination affecting 
                visitation privileges of parents; (iii) 
                procedural safeguards shall be applied to 
                assure that in any permanency hearing held with 
                respect to the child, including any hearing 
                regarding the transition of the child from 
                foster care to a successful adulthood, the 
                court or administrative body conducting the 
                hearing consults, in an age-appropriate manner, 
                with the child regarding the proposed 
                permanency or transition plan for the child; 
                and (iv) if a child has attained 14 years of 
                age, the permanency plan developed for the 
                child, and any revision or addition to the 
                plan, shall be developed in consultation with 
                the child and, at the option of the child, with 
                not more than 2 members of the permanency 
                planning team who are selected by the child and 
                who are not a foster parent of, or caseworker 
                for, the child, except that the State may 
                reject an individual so selected by the child 
                if the State has good cause to believe that the 
                individual would not act in the best interests 
                of the child, and 1 individual so selected by 
                the child may be designated to be the child's 
                advisor and, as necessary, advocate, with 
                respect to the application of the reasonable 
                and prudent standard to the child;
                  (D) a child's health and education record (as 
                described in paragraph (1)(A)) is reviewed and 
                updated, and a copy of the record is supplied 
                to the foster parent or foster care provider 
                with whom the child is placed, at the time of 
                each placement of the child in foster care, and 
                is supplied to the child at no cost at the time 
                the child leaves foster care if the child is 
                leaving foster care by reason of having 
                attained the age of majority under State law;
                  (E) in the case of a child who has been in 
                foster care under the responsibility of the 
                State for 15 of the most recent 22 months, or, 
                if a court of competent jurisdiction has 
                determined a child to be an abandoned infant 
                (as defined under State law) or has made a 
                determination that the parent has committed 
                murder of another child of the parent, 
                committed voluntary manslaughter of another 
                child of the parent, aided or abetted, 
                attempted, conspired, or solicited to commit 
                such a murder or such a voluntary manslaughter, 
                or committed a felony assault that has resulted 
                in serious bodily injury to the child or to 
                another child of the parent, the State shall 
                file a petition to terminate the parental 
                rights of the child's parents (or, if such a 
                petition has been filed by another party, seek 
                to be joined as a party to the petition), and, 
                concurrently, to identify, recruit, process, 
                and approve a qualified family for an adoption, 
                unless--
                          (i) at the option of the State, the 
                        child is being cared for by a relative;
                          (ii) a State agency has documented in 
                        the case plan (which shall be available 
                        for court review) a compelling reason 
                        for determining that filing such a 
                        petition would not be in the best 
                        interests of the child; or
                          (iii) the State has not provided to 
                        the family of the child, consistent 
                        with the time period in the State case 
                        plan, such services as the State deems 
                        necessary for the safe return of the 
                        child to the child's home, if 
                        reasonable efforts of the type 
                        described in section 471(a)(15)(B)(ii) 
                        are required to be made with respect to 
                        the child;
                  (F) a child shall be considered to have 
                entered foster care on the earlier of--
                          (i) the date of the first judicial 
                        finding that the child has been 
                        subjected to child abuse or neglect; or
                          (ii) the date that is 60 days after 
                        the date on which the child is removed 
                        from the home;
                  (G) the foster parents (if any) of a child 
                and any preadoptive parent or relative 
                providing care for the child are provided with 
                notice of, and a right to be heard in, any 
                proceeding to be held with respect to the 
                child, except that this subparagraph shall not 
                be construed to require that any foster parent, 
                preadoptive parent, or relative providing care 
                for the child be made a party to such a 
                proceeding solely on the basis of such notice 
                and right to be heard;
                  (H) during the 90-day period immediately 
                prior to the date on which the child will 
                attain 18 years of age, or such greater age as 
                the State may elect under paragraph 
                (8)(B)(iii), whether during that period foster 
                care maintenance payments are being made on the 
                child's behalf or the child is receiving 
                benefits or services under section 477, a 
                caseworker on the staff of the State agency, 
                and, as appropriate, other representatives of 
                the child provide the child with assistance and 
                support in developing a transition plan that is 
                personalized at the direction of the child, 
                includes specific options on housing, health 
                insurance, education, local opportunities for 
                mentors and continuing support services, and 
                work force supports and employment services, 
                includes information about the importance of 
                designating another individual to make health 
                care treatment decisions on behalf of the child 
                if the child becomes unable to participate in 
                such decisions and the child does not have, or 
                does not want, a relative who would otherwise 
                be authorized under State law to make such 
                decisions, and provides the child with the 
                option to execute a health care power of 
                attorney, health care proxy, or other similar 
                document recognized under State law, and is as 
                detailed as the child may elect; and
                  (I) each child in foster care under the 
                responsibility of the State who has attained 14 
                years of age receives without cost a copy of 
                any consumer report (as defined in section 
                603(d) of the Fair Credit Reporting Act) 
                pertaining to the child each year until the 
                child is discharged from care, receives 
                assistance (including, when feasible, from any 
                court-appointed advocate for the child) in 
                interpreting and resolving any inaccuracies in 
                the report, and, if the child is leaving foster 
                care by reason of having attained 18 years of 
                age or such greater age as the State has 
                elected under paragraph (8), unless the child 
                has been in foster care for less than 6 months, 
                is not discharged from care without being 
                provided with (if the child is eligible to 
                receive such document) an official or certified 
                copy of the United States birth certificate of 
                the child, a social security card issued by the 
                Commissioner of Social Security, health 
                insurance information, a copy of the child's 
                medical records, and a driver's license or 
                identification card issued by a State in 
                accordance with the requirements of section 202 
                of the REAL ID Act of 2005, and any official 
                documentation necessary to prove that the child 
                was previously in foster care.
          (6) The term ``administrative review'' means a review 
        open to the participation of the parents of the child, 
        conducted by a panel of appropriate persons at least 
        one of whom is not responsible for the case management 
        of, or the delivery of services to, either the child or 
        the parents who are the subject of the review.
          (7) The term ``legal guardianship'' means a 
        judicially created relationship between child and 
        caretaker which is intended to be permanent and self-
        sustaining as evidenced by the transfer to the 
        caretaker of the following parental rights with respect 
        to the child: protection, education, care and control 
        of the person, custody of the person, and 
        decisionmaking. The term ``legal guardian'' means the 
        caretaker in such a relationship.
          (8)(A) Subject to subparagraph (B), the term 
        ``child'' means an individual who has not attained 18 
        years of age.
          (B) At the option of a State, the term shall include 
        an individual--
                  (i)(I) who is in foster care under the 
                responsibility of the State;
                  (II) with respect to whom an adoption 
                assistance agreement is in effect under section 
                473 if the child had attained 16 years of age 
                before the agreement became effective; or
                  (III) with respect to whom a kinship 
                guardianship assistance agreement is in effect 
                under section 473(d) if the child had attained 
                16 years of age before the agreement became 
                effective;
                  (ii) who has attained 18 years of age;
                  (iii) who has not attained 19, 20, or 21 
                years of age, as the State may elect; and
                  (iv) who is--
                          (I) completing secondary education or 
                        a program leading to an equivalent 
                        credential;
                          (II) enrolled in an institution which 
                        provides post-secondary or vocational 
                        education;
                          (III) participating in a program or 
                        activity designed to promote, or remove 
                        barriers to, employment;
                          (IV) employed for at least 80 hours 
                        per month; or
                          (V) incapable of doing any of the 
                        activities described in subclauses (I) 
                        through (IV) due to a medical 
                        condition, which incapability is 
                        supported by regularly updated 
                        information in the case plan of the 
                        child.
          (9) The term ``sex trafficking victim'' means a 
        victim of--
                  (A) sex trafficking (as defined in section 
                103(10) of the Trafficking Victims Protection 
                Act of 2000); or
                  (B) a severe form of trafficking in persons 
                described in section 103(9)(A) of such Act.
          (10)(A) The term ``reasonable and prudent parent 
        standard'' means the standard characterized by careful 
        and sensible parental decisions that maintain the 
        health, safety, and best interests of a child while at 
        the same time encouraging the emotional and 
        developmental growth of the child, that a caregiver 
        shall use when determining whether to allow a child in 
        foster care under the responsibility of the State to 
        participate in extracurricular, enrichment, cultural, 
        and social activities.
          (B) For purposes of subparagraph (A), the term 
        ``caregiver'' means a foster parent with whom a child 
        in foster care has been placed or a designated official 
        for a child care institution in which a child in foster 
        care has been placed.
          (11)(A) The term ``age or developmentally-
        appropriate'' means--
                  (i) activities or items that are generally 
                accepted as suitable for children of the same 
                chronological age or level of maturity or that 
                are determined to be developmentally-
                appropriate for a child, based on the 
                development of cognitive, emotional, physical, 
                and behavioral capacities that are typical for 
                an age or age group; and
                  (ii) in the case of a specific child, 
                activities or items that are suitable for the 
                child based on the developmental stages 
                attained by the child with respect to the 
                cognitive, emotional, physical, and behavioral 
                capacities of the child.
          (B) In the event that any age-related activities have 
        implications relative to the academic curriculum of a 
        child, nothing in this part or part B shall be 
        construed to authorize an officer or employee of the 
        Federal Government to mandate, direct, or control a 
        State or local educational agency, or the specific 
        instructional content, academic achievement standards 
        and assessments, curriculum, or program of instruction 
        of a school.
          (12) The term ``sibling'' means an individual who 
        satisfies at least one of the following conditions with 
        respect to a child:
                  (A) The individual is considered by State law 
                to be a sibling of the child.
                  (B) The individual would have been considered 
                a sibling of the child under State law but for 
                a termination or other disruption of parental 
                rights, such as the death of a parent.
          (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.

SEC. 475A. ADDITIONAL CASE PLAN AND CASE REVIEW SYSTEM REQUIREMENTS.

  (a) Requirements for Another Planned Permanent Living 
Arrangement.--In the case of any child for whom another planned 
permanent living arrangement is the permanency plan determined 
for the child under section 475(5)(C), 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) Documentation of intensive, ongoing, unsuccessful 
        efforts for family placement.--At each permanency 
        hearing held with respect to the child, the State 
        agency documents the intensive, ongoing, and, as of the 
        date of the hearing, unsuccessful efforts made by the 
        State agency to return the child home or secure a 
        placement for the child with a fit and willing relative 
        (including adult siblings), a legal guardian, or an 
        adoptive parent, including through efforts that utilize 
        search technology (including social media) to find 
        biological family members for the children.
          (2) Redetermination of appropriateness of placement 
        at each permanency hearing.--The State agency shall 
        implement procedures to ensure that, at each permanency 
        hearing held with respect to the child, the court or 
        administrative body appointed or approved by the court 
        conducting the hearing on the permanency plan for the 
        child does the following:
                  (A) Ask the child about the desired 
                permanency outcome for the child.
                  (B) Make a judicial determination explaining 
                why, as of the date of the hearing, another 
                planned permanent living arrangement is the 
                best permanency plan for the child and provide 
                compelling reasons why it continues to not be 
                in the best interests of the child to--
                          (i) return home;
                          (ii) be placed for adoption;
                          (iii) be placed with a legal 
                        guardian; or
                          (iv) be placed with a fit and willing 
                        relative.
          (3) Demonstration of support for engaging in age or 
        developmentally-appropriate activities and social 
        events.--At each permanency hearing held with respect 
        to the child, the State agency shall document the steps 
        the State agency is taking to ensure that--
                  (A) the child's foster family home or child 
                care institution is following the reasonable 
                and prudent parent standard; and
                  (B) the child has regular, ongoing 
                opportunities to engage in age or 
                developmentally appropriate activities 
                (including by consulting with the child in an 
                age-appropriate manner about the opportunities 
                of the child to participate in the activities).
  (b) List of Rights.--The case plan for any child in foster 
care under the responsibility of the State who has attained 14 
years of age shall include--
          (1) a document that describes the rights of the child 
        with respect to education, health, visitation, and 
        court participation, the right to be provided with the 
        documents specified in section 475(5)(I) in accordance 
        with that section, and the right to stay safe and avoid 
        exploitation; and
          (2) a signed acknowledgment by the child that the 
        child has been provided with a copy of the document and 
        that the rights contained in the document have been 
        explained to the child in an age-appropriate way.
  (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 
                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.

          TECHNICAL ASSISTANCE;DATA COLLECTION AND EVALUATION

  Sec. 476. (a) The Secretary may provide technical assistance 
to the States to assist them to develop the programs authorized 
under this part and shall periodically (1) evaluate the 
programs authorized under this part and part B of this title 
and (2) collect and publish data pertaining to the incidence 
and characteristics of foster care and adoptions in this 
country.
  (b) Each State shall submit statistical reports as the 
Secretary may require with respect to children for whom 
payments are made under this part containing information with 
respect to such children including legal status, demographic 
characteristics, location, and length of any stay in foster 
care.
  (c) Technical Assistance and Implementation Services for 
Tribal Programs.--
          (1) Authority.--The Secretary shall provide technical 
        assistance and implementation services that are 
        dedicated to improving services and permanency outcomes 
        for Indian children and their families through the 
        provision of assistance described in paragraph (2).
          (2) Assistance provided.--
                  (A) In general.--The technical assistance and 
                implementation services shall be to--
                          (i) provide information, advice, 
                        educational materials, and technical 
                        assistance to Indian tribes and tribal 
                        organizations with respect to the types 
                        of services, administrative functions, 
                        data collection, program management, 
                        and reporting that are required under 
                        State plans under part B and this part;
                          (ii) assist and provide technical 
                        assistance to--
                                  (I) Indian tribes, tribal 
                                organizations, and tribal 
                                consortia seeking to operate a 
                                program under part B or under 
                                this part through direct 
                                application to the Secretary 
                                under section 479B; and
                                  (II) Indian tribes, tribal 
                                organizations, tribal 
                                consortia, and States seeking 
                                to develop cooperative 
                                agreements to provide for 
                                payments under this part or 
                                satisfy the requirements of 
                                section 422(b)(9), 471(a)(32), 
                                or 477(b)(3)(G); and
                          (iii) subject to subparagraph (B), 
                        make one-time grants, to tribes, tribal 
                        organizations, or tribal consortia that 
                        are seeking to develop, and intend, not 
                        later than 24 months after receiving 
                        such a grant to submit to the Secretary 
                        a plan under section 471 to implement a 
                        program under this part as authorized 
                        by section 479B, that shall--
                                  (I) not exceed $300,000; and
                                  (II) be used for the cost of 
                                developing a plan under section 
                                471 to carry out a program 
                                under section 479B, including 
                                costs related to development of 
                                necessary data collection 
                                systems, a cost allocation 
                                plan, agency and tribal court 
                                procedures necessary to meet 
                                the case review system 
                                requirements under section 
                                475(5), or any other costs 
                                attributable to meeting any 
                                other requirement necessary for 
                                approval of such a plan under 
                                this part.
                  (B) Grant condition.--
                          (i) In general.--As a condition of 
                        being paid a grant under subparagraph 
                        (A)(iii), a tribe, tribal organization, 
                        or tribal consortium shall agree to 
                        repay the total amount of the grant 
                        awarded if the tribe, tribal 
                        organization, or tribal consortium 
                        fails to submit to the Secretary a plan 
                        under section 471 to carry out a 
                        program under section 479B by the end 
                        of the 24-month period described in 
                        that subparagraph.
                          (ii) Exception.--The Secretary shall 
                        waive the requirement to repay a grant 
                        imposed by clause (i) if the Secretary 
                        determines that a tribe's, tribal 
                        organization's, or tribal consortium's 
                        failure to submit a plan within such 
                        period was the result of circumstances 
                        beyond the control of the tribe, tribal 
                        organization, or tribal consortium.
                  (C) Implementation authority.--The Secretary 
                may provide the technical assistance and 
                implementation services described in 
                subparagraph (A) either directly or through a 
                grant or contract with public or private 
                organizations knowledgeable and experienced in 
                the field of Indian tribal affairs and child 
                welfare.
          (3) Appropriation.--There is appropriated to the 
        Secretary, out of any money in the Treasury of the 
        United States not otherwise appropriated, $3,000,000 
        for fiscal year 2009 and each fiscal year thereafter to 
        carry out this subsection.
  (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) 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. 477. JOHN H. CHAFEE FOSTER CARE [INDEPENDENCE PROGRAM]  PROGRAM 
                    FOR SUCCESSFUL TRANSITION TO ADULTHOOD.

  (a) Purpose.--The purpose of this section is to provide 
States with flexible funding that will enable programs to be 
designed and conducted--
          (1) to [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] support all youth who have 
        experienced foster care at age 14 or older in their 
        transition to adulthood through transitional services 
        such as assistance in obtaining a high school diploma 
        and post-secondary education, career exploration, 
        vocational training, job placement and retention, 
        [training in daily living skills, training in budgeting 
        and financial management skills] training and 
        opportunities to practice daily living skills (such as 
        financial literacy training and driving instruction), 
        substance abuse prevention, and preventive health 
        activities (including smoking avoidance, nutrition 
        education, and pregnancy prevention);
          (2) to help children [who are likely to remain in 
        foster care until 18 years of age receive the 
        education, training, and services necessary to obtain 
        employment] who have experienced foster care at age 14 
        or older achieve meaningful, permanent connections with 
        a caring adult;
          (3) to help children [who are likely to remain in 
        foster care until 18 years of age prepare for and enter 
        postsecondary training and education institutions] 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;
          [(4) to provide personal and emotional support to 
        children aging out of foster care, through mentors and 
        the promotion of interactions with dedicated adults;]
          [(5)] (4) to provide financial, housing, counseling, 
        employment, education, and other appropriate support 
        and services to former foster care recipients between 
        18 and 21 years of age (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) 
        to complement their own efforts to achieve self-
        sufficiency and to assure that program participants 
        recognize and accept their personal responsibility for 
        preparing for and then making the transition from 
        adolescence to adulthood;
          [(6)] (5) to make available vouchers for education 
        and training, including postsecondary training and 
        education, to youths who have aged out of foster care;
          [(7)] (6) to provide the services referred to in this 
        subsection to children who, after attaining 16 years of 
        age, have left foster care for kinship guardianship or 
        adoption; and
          [(8)] (7) to ensure children who are likely to remain 
        in foster care until 18 years of age have regular, 
        ongoing opportunities to engage in age or 
        developmentally-appropriate activities as defined in 
        section 475(11).
  (b) Applications.--
          (1) In general.--A State may apply for funds from its 
        allotment under subsection (c) for a period of five 
        consecutive fiscal years by submitting to the 
        Secretary, in writing, a plan that meets the 
        requirements of paragraph (2) and the certifications 
        required by paragraph (3) with respect to the plan.
          (2) State plan.--A plan meets the requirements of 
        this paragraph if the plan specifies which State agency 
        or agencies will administer, supervise, or oversee the 
        programs carried out under the plan, and describes how 
        the State intends to do the following:
                  (A) Design and deliver programs to achieve 
                the purposes of this section.
                  (B) Ensure that all political subdivisions in 
                the State are served by the program, though not 
                necessarily in a uniform manner.
                  (C) Ensure that the programs serve children 
                of various ages and at various stages of 
                achieving independence.
                  (D) Involve the public and private sectors in 
                helping [adolescents] youth in foster care 
                achieve independence.
                  (E) Use objective criteria for determining 
                eligibility for benefits and services under the 
                programs, and for ensuring fair and equitable 
                treatment of benefit recipients.
                  (F) Cooperate in national evaluations of the 
                effects of the programs in achieving the 
                purposes of this section.
          (3) Certifications.--The certifications required by 
        this paragraph with respect to a plan are the 
        following:
                  (A) (i) A certification by the chief 
                executive officer of the State that the State 
                will provide assistance and services to 
                [children who have left foster care because 
                they have attained 18 years of age, and who 
                have not attained 21 years of age.] youths who 
                have aged out of foster care and have not 
                attained 21 years of age.
                  (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.
                  (B) A certification by the chief executive 
                officer of the State that not more than 30 
                percent of the amounts paid to the State from 
                its allotment under subsection (c) for a fiscal 
                year will be expended for room or board for 
                [children who have left foster care because 
                they have attained 18 years of age, and who 
                have not attained 21 years of age.] 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)).
                  (C) A certification by the chief executive 
                officer of the State that none of the amounts 
                paid to the State from its allotment under 
                subsection (c) will be expended for room or 
                board for any child who has not attained 18 
                years of age.
                  (D) A certification by the chief executive 
                officer of the State that the State will use 
                training funds provided under the program of 
                Federal payments for foster care and adoption 
                assistance to provide training including 
                training on youth development to help foster 
                parents, adoptive parents, workers in group 
                homes, and case managers understand and address 
                the issues confronting [adolescents preparing 
                for independent living, and will, to the extent 
                possible, coordinate such training with the 
                independent living program conducted for 
                adolescents.] youth preparing for a successful 
                transition to adulthood and making a permanent 
                connection with a caring adult.
                  (E) A certification by the chief executive 
                officer of the State that the State has 
                consulted widely with public and private 
                organizations in developing the plan and that 
                the State has given all interested members of 
                the public at least 30 days to submit comments 
                on the plan.
                  (F) A certification by the chief executive 
                officer of the State that the State will make 
                every effort to coordinate the State programs 
                receiving funds provided from an allotment made 
                to the State under subsection (c) with other 
                Federal and State programs for youth 
                (especially transitional living youth projects 
                funded under part B of title III of the 
                Juvenile Justice and Delinquency Prevention Act 
                of 1974), abstinence education programs, local 
                housing programs, programs for disabled youth 
                (especially sheltered workshops), and school-
                to-work programs offered by high schools or 
                local workforce agencies.
                  (G) A certification by the chief executive 
                officer of the State that each Indian tribe in 
                the State has been consulted about the programs 
                to be carried out under the plan; that there 
                have been efforts to coordinate the programs 
                with such tribes; that benefits and services 
                under the programs will be made available to 
                Indian children in the State on the same basis 
                as to other children in the State; and that the 
                State will negotiate in good faith with any 
                Indian tribe, tribal organization, or tribal 
                consortium in the State that does not receive 
                an allotment under subsection (j)(4) for a 
                fiscal year and that requests to develop an 
                agreement with the State to administer, 
                supervise, or oversee the programs to be 
                carried out under the plan with respect to the 
                Indian children who are eligible for such 
                programs and who are under the authority of the 
                tribe, organization, or consortium and to 
                receive from the State an appropriate portion 
                of the State allotment under subsection (c) for 
                the cost of such administration, supervision, 
                or oversight.
                  (H) A certification by the chief executive 
                officer of the State that the State will ensure 
                that [adolescents] youth participating in the 
                program under this section participate directly 
                in designing their own program activities that 
                prepare them for independent living and that 
                the [adolescents] youth accept personal 
                responsibility for living up to their part of 
                the program.
                  (I) A certification by the chief executive 
                officer of the State that the State has 
                established and will enforce standards and 
                procedures to prevent fraud and abuse in the 
                programs carried out under the plan.
                  (J) A certification by the chief executive 
                officer of the State that the State educational 
                and training voucher program under this section 
                is in compliance with the conditions specified 
                in subsection (i), including a statement 
                describing methods the State will use--
                          (i) to ensure that the total amount 
                        of educational assistance to a youth 
                        under this section and under other 
                        Federal and Federally supported 
                        programs does not exceed the limitation 
                        specified in subsection (i)(5); and
                          (ii) to avoid duplication of benefits 
                        under this and any other Federal or 
                        Federally assisted benefit program.
                  (K) A certification by the chief executive 
                officer of the State that the State will ensure 
                that [an adolescent] a youth participating in 
                the program under this section are provided 
                with education about the importance of 
                designating another individual to make health 
                care treatment decisions on behalf of [the 
                adolescent] the youth if [the adolescent] the 
                youth becomes unable to participate in such 
                decisions and [the adolescent] the youth does 
                not have, or does not want, a relative who 
                would otherwise be authorized under State law 
                to make such decisions, whether a health care 
                power of attorney, health care proxy, or other 
                similar document is recognized under State law, 
                and how to execute such a document if [the 
                adolescent] the youth wants to do so.
          (4) Approval.--The Secretary shall approve an 
        application submitted by a State pursuant to paragraph 
        (1) for a period if--
                  (A) the application is submitted on or before 
                June 30 of the calendar year in which such 
                period begins; and
                  (B) the Secretary finds that the application 
                contains the material required by paragraph 
                (1).
          (5) Authority to implement certain amendments; 
        notification.--A State with an application approved 
        under paragraph (4) may implement any amendment to the 
        plan contained in the application if the application, 
        incorporating the amendment, would be approvable under 
        paragraph (4). Within 30 days after a State implements 
        any such amendment, the State shall notify the 
        Secretary of the amendment.
          (6) Availability.--The State shall make available to 
        the public any application submitted by the State 
        pursuant to paragraph (1), and a brief summary of the 
        plan contained in the application.
  (c) Allotments to States.--
          (1) General program allotment.--From the amount 
        specified in subsection (h)(1) that remains after 
        applying subsection (g)(2) for a fiscal year, the 
        Secretary shall allot to each State with an application 
        approved under subsection (b) for the fiscal year the 
        amount which bears the ratio to such remaining amount 
        equal to the State foster care ratio, as adjusted in 
        accordance with paragraph (2).
          (2) Hold harmless provision.--
                  (A) In general.--The Secretary shall allot to 
                each State whose allotment for a fiscal year 
                under paragraph (1) is less than the greater of 
                $500,000 or the amount payable to the State 
                under this section for fiscal year 1998, an 
                additional amount equal to the difference 
                between such allotment and such greater amount.
                  (B) Ratable reduction of certain 
                allotments.--In the case of a State not 
                described in subparagraph (A) of this paragraph 
                for a fiscal year, the Secretary shall reduce 
                the amount allotted to the State for the fiscal 
                year under paragraph (1) by the amount that 
                bears the same ratio to the sum of the 
                differences determined under subparagraph (A) 
                of this paragraph for the fiscal year as the 
                excess of the amount so allotted over the 
                greater of $500,000 or the amount payable to 
                the State under this section for fiscal year 
                1998 bears to the sum of such excess amounts 
                determined for all such States.
          (3) Voucher program allotment.--From the amount, if 
        any, appropriated pursuant to subsection (h)(2) for a 
        fiscal year, the Secretary may allot to each State with 
        an application approved under subsection (b) for the 
        fiscal year an amount equal to the State foster care 
        ratio multiplied by the amount so specified.
          (4) State foster care ratio.--In this subsection, the 
        term ``State foster care ratio'' means the ratio of the 
        number of children in foster care under a program of 
        the State in the most recent fiscal year for which the 
        information is available to the total number of 
        children in foster care in all States for the most 
        recent fiscal year.
  (d) Use of Funds.--
          (1) In general.--A State to which an amount is paid 
        from its allotment under subsection (c) may use the 
        amount in any manner that is reasonably calculated to 
        accomplish the purposes of this section.
          (2) No supplantation of other funds available for 
        same general purposes.--The amounts paid to a State 
        from its allotment under subsection (c) shall be used 
        to supplement and not supplant any other funds which 
        are available for the same general purposes in the 
        State.
          (3) Two-year availability of funds.--Payments made to 
        a State under this section for a fiscal year shall be 
        expended by the State in the fiscal year or in the 
        succeeding fiscal year.
          (4) Reallocation of unused funds.--If a State does 
        not apply for funds under this section for a fiscal 
        year within such time as may be provided by the 
        Secretary or does not expend allocated funds within the 
        time period specified under section 477(d)(3), the 
        funds to which the State would be entitled for the 
        fiscal year shall be reallocated to 1 or more other 
        States on the basis of their relative need for 
        additional payments under this section, as determined 
        by the Secretary.
          (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.
  (e) Penalties.--
          (1) Use of grant in violation of this part.--If the 
        Secretary is made aware, by an audit conducted under 
        chapter 75 of title 31, United States Code, or by any 
        other means, that a program receiving funds from an 
        allotment made to a State under subsection (c) has been 
        operated in a manner that is inconsistent with, or not 
        disclosed in the State application approved under 
        subsection (b), the Secretary shall assess a penalty 
        against the State in an amount equal to not less than 1 
        percent and not more than 5 percent of the amount of 
        the allotment.
          (2) Failure to comply with data reporting 
        requirement.--The Secretary shall assess a penalty 
        against a State that fails during a fiscal year to 
        comply with an information collection plan implemented 
        under subsection (f) in an amount equal to not less 
        than 1 percent and not more than 5 percent of the 
        amount allotted to the State for the fiscal year.
          (3) Penalties based on degree of noncompliance.--The 
        Secretary shall assess penalties under this subsection 
        based on the degree of noncompliance.
  (f) Data Collection and Performance Measurement.--
          (1) In general.--The Secretary, in consultation with 
        State and local public officials responsible for 
        administering independent living and other child 
        welfare programs, child welfare advocates, Members of 
        Congress, youth service providers, and researchers, 
        shall--
                  (A) develop outcome measures (including 
                measures of educational attainment, high school 
                diploma, employment, avoidance of dependency, 
                homelessness, nonmarital childbirth, 
                incarceration, and high-risk behaviors) that 
                can be used to assess the performance of States 
                in operating independent living programs;
                  (B) identify data elements needed to track--
                          (i) the number and characteristics of 
                        children receiving services under this 
                        section;
                          (ii) the type and quantity of 
                        services being provided; and
                          (iii) State performance on the 
                        outcome measures; and
                  (C) develop and implement a plan to collect 
                the needed information beginning with the 
                second fiscal year beginning after the date of 
                the enactment of this section.
          [(2) Report to the congress.--Within 12 months after 
        the date of the enactment of this section, 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 detailing the plans 
        and timetable for collecting from the States the 
        information described in paragraph (1) and a proposal 
        to impose penalties consistent with paragraph (e)(2) on 
        States that do not report data.]
          (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.
  (g) Evaluations.--
          (1) In general.--The Secretary shall conduct 
        evaluations of such State programs funded under this 
        section as the Secretary deems to be innovative or of 
        potential national significance. The evaluation of any 
        such program shall include information on the effects 
        of the program on education, employment, and personal 
        development. To the maximum extent practicable, the 
        evaluations shall be based on rigorous scientific 
        standards including random assignment to treatment and 
        control groups. The Secretary is encouraged to work 
        directly with State and local governments to design 
        methods for conducting the evaluations, directly or by 
        grant, contract, or cooperative agreement.
          (2) Funding of evaluations.--The Secretary shall 
        reserve 1.5 percent of the amount specified in 
        subsection (h) for a fiscal year to carry out, during 
        the fiscal year, evaluation, technical assistance, 
        performance measurement, and data collection activities 
        related to this section, directly or through grants, 
        contracts, or cooperative agreements with appropriate 
        entities.
  (h) Limitations on Authorization of Appropriations.--To carry 
out this section and for payments to States under section 
474(a)(4), there are authorized to be appropriated to the 
Secretary for each fiscal year--
          (1) $140,000,000 or, beginning in fiscal year 2020, 
        $143,000,000, which shall be available for all purposes 
        under this section; and
          (2) an additional $60,000,000, which are authorized 
        to be available for payments to States for education 
        and training vouchers for youths who age out of foster 
        care, to assist the youths to develop skills necessary 
        to lead independent and productive lives.
  (i) Educational and Training Vouchers.--The following 
conditions shall apply to a State educational and training 
voucher program under this section:
          (1) Vouchers under the program may be available to 
        youths otherwise eligible for services under the State 
        program under this section who have attained 14 years 
        of age.
          (2) For purposes of the voucher program, youths who, 
        after attaining 16 years of age, are adopted from, or 
        enter kinship guardianship from, foster care may be 
        considered to be youths otherwise eligible for services 
        under the State program under this section.
          (3) The State may allow youths participating in the 
        voucher program [on the date they attain 21 years of 
        age to remain eligible until they attain 23] to remain 
        eligible until they attain 26 years of age, as long as 
        they are enrolled in a postsecondary education or 
        training program and are making satisfactory progress 
        toward completion of that program, but in no event may 
        a youth participate in the program for more than 5 
        years (whether or not consecutive).
          (4) The voucher or vouchers provided for an 
        individual under this section--
                  (A) may be available for the cost of 
                attendance at an institution of higher 
                education, as defined in section 102 of the 
                Higher Education Act of 1965; and
                  (B) shall not exceed the lesser of $5,000 per 
                year or the total cost of attendance, as 
                defined in section 472 of that Act.
          (5) The amount of a voucher under this section may be 
        disregarded for purposes of determining the recipient's 
        eligibility for, or the amount of, any other Federal or 
        Federally supported assistance, except that the total 
        amount of educational assistance to a youth under this 
        section and under other Federal and Federally supported 
        programs shall not exceed the total cost of attendance, 
        as defined in section 472 of the Higher Education Act 
        of 1965, and except that the State agency shall take 
        appropriate steps to prevent duplication of benefits 
        under this and other Federal or Federally supported 
        programs.
          (6) The program is coordinated with other appropriate 
        education and training programs.
  (j) Authority for an Indian Tribe, Tribal Organization, or 
Tribal Consortium to Receive an Allotment.--
          (1) In general.--An Indian tribe, tribal 
        organization, or tribal consortium with a plan approved 
        under section 479B, or which is receiving funding to 
        provide foster care under this part pursuant to a 
        cooperative agreement or contract with a State, may 
        apply for an allotment out of any funds authorized by 
        paragraph (1) or (2) (or both) of subsection (h) of 
        this section.
          (2) Application.--A tribe, organization, or 
        consortium desiring an allotment under paragraph (1) of 
        this subsection shall submit an application to the 
        Secretary to directly receive such allotment that 
        includes a plan which--
                  (A) satisfies such requirements of paragraphs 
                (2) and (3) of subsection (b) as the Secretary 
                determines are appropriate;
                  (B) contains a description of the tribe's, 
                organization's, or consortium's consultation 
                process regarding the programs to be carried 
                out under the plan with each State for which a 
                portion of an allotment under subsection (c) 
                would be redirected to the tribe, organization, 
                or consortium; and
                  (C) contains an explanation of the results of 
                such consultation, particularly with respect 
                to--
                          (i) determining the eligibility for 
                        benefits and services of Indian 
                        children to be served under the 
                        programs to be carried out under the 
                        plan; and
                          (ii) the process for consulting with 
                        the State in order to ensure the 
                        continuity of benefits and services for 
                        such children who will transition from 
                        receiving benefits and services under 
                        programs carried out under a State plan 
                        under subsection (b)(2) to receiving 
                        benefits and services under programs 
                        carried out under a plan under this 
                        subsection.
          (3) Payments.--The Secretary shall pay an Indian 
        tribe, tribal organization, or tribal consortium with 
        an application and plan approved under this subsection 
        from the allotment determined for the tribe, 
        organization, or consortium under paragraph (4) of this 
        subsection in the same manner as is provided in section 
        474(a)(4) (and, where requested, and if funds are 
        appropriated, section 474(e)) with respect to a State, 
        or in such other manner as is determined appropriate by 
        the Secretary, except that in no case shall an Indian 
        tribe, a tribal organization, or a tribal consortium 
        receive a lesser proportion of such funds than a State 
        is authorized to receive under those sections.
          (4) Allotment.--From the amounts allotted to a State 
        under subsection (c) of this section for a fiscal year, 
        the Secretary shall allot to each Indian tribe, tribal 
        organization, or tribal consortium with an application 
        and plan approved under this subsection for that fiscal 
        year an amount equal to the tribal foster care ratio 
        determined under paragraph (5) of this subsection for 
        the tribe, organization, or consortium multiplied by 
        the allotment amount of the State within which the 
        tribe, organization, or consortium is located. The 
        allotment determined under this paragraph is deemed to 
        be a part of the allotment determined under section 
        477(c) for the State in which the Indian tribe, tribal 
        organization, or tribal consortium is located.
          (5) Tribal foster care ratio.--For purposes of 
        paragraph (4), the tribal foster care ratio means, with 
        respect to an Indian tribe, tribal organization, or 
        tribal consortium, the ratio of--
                  (A) the number of children in foster care 
                under the responsibility of the Indian tribe, 
                tribal organization, or tribal consortium 
                (either directly or under supervision of the 
                State), in the most recent fiscal year for 
                which the information is available; to
                  (B) the sum of--
                          (i) the total number of children in 
                        foster care under the responsibility of 
                        the State within which the Indian 
                        tribe, tribal organization, or tribal 
                        consortium is located; and
                          (ii) the total number of children in 
                        foster care under the responsibility of 
                        all Indian tribes, tribal 
                        organizations, or tribal consortia in 
                        the State (either directly or under 
                        supervision of the State) that have a 
                        plan approved under this subsection.

           *       *       *       *       *       *       *


SEC. 479A. ANNUAL REPORT.

  (a) In General.--The Secretary, in consultation with 
Governors, State legislatures, State and local public officials 
responsible for administering child welfare programs, and child 
welfare advocates, shall--
          (1) develop a set of outcome measures (including 
        length ofstay in foster care, number of foster care 
        placements, and numberof adoptions) that can be used to 
        assess the performanceof States in operating child 
        protection and child welfare programspursuant to parts 
        B and E to ensure the safety of children;
          (2) to the maximum extent possible, the outcome 
        measuresshould be developed from data available from 
        the Adoption andFoster Care Analysis and Reporting 
        System;
          (3) develop a system for rating the performance of 
        Stateswith respect to the outcome measures, and provide 
        to theStates an explanation of the rating system and 
        how scores aredetermined under the rating system;
          (4) prescribe such regulations as may be necessary to 
        ensurethat States provide to the Secretary the data 
        necessary todetermine State performance with respect to 
        each outcomemeasure, as a condition of the State 
        receiving funds under thispart;
          (5) on May 1, 1999, and annually thereafter, prepare 
        and submit to the Congress a report on the performance 
        of each State on each outcome measure, which shall 
        examine the reasons for high performance and low 
        performance and, where possible, make recommendations 
        as to how State performance could be improved;
          (6) include in the report submitted pursuant to 
        paragraph (5) for fiscal year 2007 or any succeeding 
        fiscal year, State-by-State data on--
                  (A) the percentage of children in foster care 
                under theresponsibility of the State who were 
                visited on a monthlybasis by the caseworker 
                handling the case of the child;
                  (B) the total number of visits made by 
                caseworkers ona monthly basis to children in 
                foster care under the responsibilityof the 
                State during a fiscal year as a percentageof 
                the total number of the visits that would occur 
                duringthe fiscal year if each child were so 
                visited once everymonth while in such care; and
                  (C) the percentage of the visits that 
                occurred in the residence of the child; and
          (7) include in the report submitted pursuant to 
        paragraph (5) for fiscal year 2016 or any succeeding 
        fiscal year, State-by-State data on--
                  (A) children in foster care who have been 
                placed in a child care institution or other 
                setting that is not a foster family home, 
                including--
                          [(i) the number of children in the 
                        placements and their ages, including 
                        separately, the number and ages of 
                        children who have a permanency plan of 
                        another planned permanent living 
                        arrangement;
                          [(ii) the duration of the placement 
                        in the settings (including for children 
                        who have a permanency plan of another 
                        planned permanent living arrangement);
                          [(iii) the types of child care 
                        institutions used (including group 
                        homes, residential treatment, shelters, 
                        or other congregate care settings);
                          [(iv) with respect to each child care 
                        institution or other setting that is 
                        not a foster family home, the number of 
                        children in foster care residing in 
                        each such institution or non-foster 
                        family home;
                          [(v) any clinically diagnosed special 
                        need of such children; and
                          [(vi) the extent of any specialized 
                        education, treatment, counseling, or 
                        other services provided in the 
                        settings; and]
                          (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
                  (B) children in foster care who are pregnant 
                or parenting.
  (b) Consultation on Other Issues.--The Secretary shall 
consult with States and organizations with an interest in child 
welfare, including organizations that provide adoption and 
foster care services, and shall take into account requests from 
Members of Congress, in selecting other issues to be analyzed 
and reported on under this section using data available to the 
Secretary, including data reported by States through the 
Adoption and Foster Care Analysis and Reporting System and to 
the National Youth in Transition Database.

SEC. 479B. PROGRAMS OPERATED BY INDIAN TRIBAL ORGANIZATIONS.

  (a) Definitions of Indian Tribe; Tribal Organizations.--In 
this section, the terms ``Indian tribe'' and ``tribal 
organization'' have the meanings given those terms in section 4 
of the Indian Self-Determination and Education Assistance Act 
(25 U.S.C. 450b).
  (b) Authority.--Except as otherwise provided in this section, 
this part shall apply in the same manner as this part applies 
to a State to an Indian tribe, tribal organization, or tribal 
consortium that elects to operate a program under this part and 
has a plan approved by the Secretary under section 471 in 
accordance with this section.
  (c) Plan Requirements.--
          (1) In general.--An Indian tribe, tribal 
        organization, or tribal consortium that elects to 
        operate a program under this part shall include with 
        its plan submitted under section 471 the following:
                  (A) Financial management.--Evidence 
                demonstrating that the tribe, organization, or 
                consortium has not had any uncorrected 
                significant or material audit exceptions under 
                Federal grants or contracts that directly 
                relate to the administration of social services 
                for the 3-year period prior to the date on 
                which the plan is submitted.
                  (B) Service areas and populations.--For 
                purposes of complying with section 471(a)(3), a 
                description of the service area or areas and 
                populations to be served under the plan and an 
                assurance that the plan shall be in effect in 
                all service area or areas and for all 
                populations served by the tribe, organization, 
                or consortium.
                  (C) Eligibility.--
                          (i) In general.--Subject to clause 
                        (ii) of this subparagraph, an assurance 
                        that the plan will provide--
                                  (I) foster care maintenance 
                                payments under section 472 only 
                                on behalf of children who 
                                satisfy the eligibility 
                                requirements of section 472(a);
                                  (II) adoption assistance 
                                payments under section 473 
                                pursuant to adoption assistance 
                                agreements only on behalf of 
                                children who satisfy the 
                                eligibility requirements for 
                                such payments under that 
                                section; [and]
                                  (III) at the option of the 
                                tribe, organization, or 
                                consortium, kinship 
                                guardianship assistance 
                                payments in accordance with 
                                section 473(d) only on behalf 
                                of children who meet the 
                                requirements of section 
                                473(d)(3)[.]; and
                                  (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).
                          (ii) Satisfaction of foster care 
                        eligibility requirements.--For purposes 
                        of determining whether a child whose 
                        placement and care are the 
                        responsibility of an Indian tribe, 
                        tribal organization, or tribal 
                        consortium with a plan approved under 
                        section 471 in accordance with this 
                        section satisfies the requirements of 
                        section 472(a), the following shall 
                        apply:
                                  (I) Use of affidavits, etc.--
                                Only with respect to the first 
                                12 months for which such plan 
                                is in effect, the requirement 
                                in paragraph (1) of section 
                                472(a) shall not be interpreted 
                                so as to prohibit the use of 
                                affidavits or nunc pro tunc 
                                orders as verification 
                                documents in support of the 
                                reasonable efforts and contrary 
                                to the welfare of the child 
                                judicial determinations 
                                required under that paragraph.
                                  (II) Afdc eligibility 
                                requirement.--The State plan 
                                approved under section 402 (as 
                                in effect on July 16, 1996) of 
                                the State in which the child 
                                resides at the time of removal 
                                from the home shall apply to 
                                the determination of whether 
                                the child satisfies section 
                                472(a)(3).
                  (D) Option to claim in-kind expenditures from 
                third-party sources for non-federal share of 
                administrative and training costs during 
                initial implementation period.--Only for fiscal 
                year quarters beginning after September 30, 
                2009, and before October 1, 2014, a list of the 
                in-kind expenditures (which shall be fairly 
                evaluated, and may include plants, equipment, 
                administration, or services) and the third-
                party sources of such expenditures that the 
                tribe, organization, or consortium may claim as 
                part of the non-Federal share of administrative 
                or training expenditures attributable to such 
                quarters for purposes of receiving payments 
                under section 474(a)(3). The Secretary shall 
                permit a tribe, organization, or consortium to 
                claim in-kind expenditures from third party 
                sources for such purposes during such quarters 
                subject to the following:
                          (i) No effect on authority for 
                        tribes, organizations, or consortia to 
                        claim expenditures or indirect costs to 
                        the same extent as states.--Nothing in 
                        this subparagraph shall be construed as 
                        preventing a tribe, organization, or 
                        consortium from claiming any 
                        expenditures or indirect costs for 
                        purposes of receiving payments under 
                        section 474(a) that a State with a plan 
                        approved under section 471(a) could 
                        claim for such purposes.
                          (ii) Fiscal year 2010 or 2011.--
                                  (I) Expenditures other than 
                                for training.--With respect to 
                                amounts expended during a 
                                fiscal year quarter beginning 
                                after September 30, 2009, and 
                                before October 1, 2011, for 
                                which the tribe, organization, 
                                or consortium is eligible for 
                                payments under subparagraph 
                                (C), (D), or (E) of section 
                                474(a)(3), not more than 25 
                                percent of such amounts may 
                                consist of in-kind expenditures 
                                from third-party sources 
                                specified in the list required 
                                under this subparagraph to be 
                                submitted with the plan.
                                  (II) Training expenditures.--
                                With respect to amounts 
                                expended during a fiscal year 
                                quarter beginning after 
                                September 30, 2009, and before 
                                October 1, 2011, for which the 
                                tribe, organization, or 
                                consortium is eligible for 
                                payments under subparagraph (A) 
                                or (B) of section 474(a)(3), 
                                not more than 12 percent of 
                                such amounts may consist of in-
                                kind expenditures from third-
                                party sources that are 
                                specified in such list and 
                                described in subclause (III).
                                  (III) Sources described.--For 
                                purposes of subclause (II), the 
                                sources described in this 
                                subclause are the following:
                                          (aa) A State or local 
                                        government.
                                          (bb) An Indian tribe, 
                                        tribal organization, or 
                                        tribal consortium other 
                                        than the tribe, 
                                        organization, or 
                                        consortium submitting 
                                        the plan.
                                          (cc) A public 
                                        institution of higher 
                                        education.
                                          (dd) A Tribal College 
                                        or University (as 
                                        defined in section 316 
                                        of the Higher Education 
                                        Act of 1965 (20 U.S.C. 
                                        1059c)).
                                          (ee) A private 
                                        charitable 
                                        organization.
                          (iii) Fiscal year 2012, 2013, or 
                        2014.--
                                  (I) In general.--Except as 
                                provided in subclause (II) of 
                                this clause and clause (v) of 
                                this subparagraph, with respect 
                                to amounts expended during any 
                                fiscal year quarter beginning 
                                after September 30, 2011, and 
                                before October 1, 2014, for 
                                which the tribe, organization, 
                                or consortium is eligible for 
                                payments under any subparagraph 
                                of section 474(a)(3) of this 
                                Act, the only in-kind 
                                expenditures from third-party 
                                sources that may be claimed by 
                                the tribe, organization, or 
                                consortium for purposes of 
                                determining the non-Federal 
                                share of such expenditures 
                                (without regard to whether the 
                                expenditures are specified on 
                                the list required under this 
                                subparagraph to be submitted 
                                with the plan) are in-kind 
                                expenditures that are specified 
                                in regulations promulgated by 
                                the Secretary under section 
                                301(e)(2) of the Fostering 
                                Connections to Success and 
                                Increasing Adoptions Act of 
                                2008 and are from an applicable 
                                third-party source specified in 
                                such regulations, and do not 
                                exceed the applicable 
                                percentage for claiming such 
                                in-kind expenditures specified 
                                in the regulations.
                                  (II) Transition period for 
                                early approved tribes, 
                                organizations, or consortia.--
                                Subject to clause (v), if the 
                                tribe, organization, or 
                                consortium is an early approved 
                                tribe, organization, or 
                                consortium (as defined in 
                                subclause (III) of this 
                                clause), the Secretary shall 
                                not require the tribe, 
                                organization, or consortium to 
                                comply with such regulations 
                                before October 1, 2013. Until 
                                the earlier of the date such 
                                tribe, organization, or 
                                consortium comes into 
                                compliance with such 
                                regulations or October 1, 2013, 
                                the limitations on the claiming 
                                of in-kind expenditures from 
                                third-party sources under 
                                clause (ii) shall continue to 
                                apply to such tribe, 
                                organization, or consortium 
                                (without regard to fiscal 
                                limitation) for purposes of 
                                determining the non-Federal 
                                share of amounts expended by 
                                the tribe, organization, or 
                                consortium during any fiscal 
                                year quarter that begins after 
                                September 30, 2011, and before 
                                such date of compliance or 
                                October 1, 2013, whichever is 
                                earlier.
                                  (III) Definition of early 
                                approved tribe, organization, 
                                or consortium.--For purposes of 
                                subclause (II) of this clause, 
                                the term ``early approved 
                                tribe, organization, or 
                                consortium'' means an Indian 
                                tribe, tribal organization, or 
                                tribal consortium that had a 
                                plan approved under section 471 
                                in accordance with this section 
                                for any quarter of fiscal year 
                                2010 or 2011.
                          (iv) Fiscal year 2015 and 
                        thereafter.--Subject to clause (v) of 
                        this subparagraph, with respect to 
                        amounts expended during any fiscal year 
                        quarter beginning after September 30, 
                        2014, for which the tribe, 
                        organization, or consortium is eligible 
                        for payments under any subparagraph of 
                        section 474(a)(3) of this Act, in-kind 
                        expenditures from third-party sources 
                        may be claimed for purposes of 
                        determining the non-Federal share of 
                        expenditures under any subparagraph of 
                        such section 474(a)(3) only in 
                        accordance with the regulations 
                        promulgated by the Secretary under 
                        section 301(e)(2) of the Fostering 
                        Connections to Success and Increasing 
                        Adoptions Act of 2008.
                          (v) Contingency rule.--If, at the 
                        time expenditures are made for a fiscal 
                        year quarter beginning after September 
                        30, 2011, and before October 1, 2014, 
                        for which a tribe, organization, or 
                        consortium may receive payments for 
                        under section 474(a)(3) of this Act, no 
                        regulations required to be promulgated 
                        under section 301(e)(2) of the 
                        Fostering Connections to Success and 
                        Increasing Adoptions Act of 2008 are in 
                        effect, and no legislation has been 
                        enacted specifying otherwise--
                                  (I) in the case of any 
                                quarter of fiscal year 2012, 
                                2013, or 2014, the limitations 
                                on claiming in-kind 
                                expenditures from third-party 
                                sources under clause (ii) of 
                                this subparagraph shall apply 
                                (without regard to fiscal 
                                limitation) for purposes of 
                                determining the non-Federal 
                                share of such expenditures; and
                                  (II) in the case of any 
                                quarter of fiscal year 2015 or 
                                any fiscal year thereafter, no 
                                tribe, organization, or 
                                consortium may claim in-kind 
                                expenditures from third-party 
                                sources for purposes of 
                                determining the non-Federal 
                                share of such expenditures if a 
                                State with a plan approved 
                                under section 471(a) of this 
                                Act could not claim in-kind 
                                expenditures from third-party 
                                sources for such purposes.
                  (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.
          (2) Clarification of tribal authority to establish 
        standards for tribal foster family homes and tribal 
        child care institutions.--For purposes of complying 
        with section 471(a)(10), an Indian tribe, tribal 
        organization, or tribal consortium shall establish and 
        maintain a tribal authority or authorities which shall 
        be responsible for establishing and maintaining tribal 
        standards for tribal foster family homes and tribal 
        child care institutions.
          (3) Consortium.--The participating Indian tribes or 
        tribal organizations of a tribal consortium may develop 
        and submit a single plan under section 471 that meets 
        the requirements of this section.
  (d) Determination of Federal Medical Assistance Percentage 
[for Foster Care Maintenance and Adoption Assistance 
Payments].--
          (1) Per capita income.--For purposes of determining 
        the Federal medical assistance percentage applicable to 
        an Indian tribe, a tribal organization, or a tribal 
        consortium under paragraphs (1), (2), [and (5)] (5), 
        and (6)(A) of section 474(a), the calculation of the 
        per capita income of the Indian tribe, tribal 
        organization, or tribal consortium shall be based upon 
        the service population of the Indian tribe, tribal 
        organization, or tribal consortium, except that in no 
        case shall an Indian tribe, a tribal organization, or a 
        tribal consortium receive less than the Federal medical 
        assistance percentage for any State in which the tribe, 
        organization, or consortium is located.
          (2) Consideration of other information.--Before 
        making a calculation under paragraph (1), the Secretary 
        shall consider any information submitted by an Indian 
        tribe, a tribal organization, or a tribal consortium 
        that the Indian tribe, tribal organization, or tribal 
        consortium considers relevant to making the calculation 
        of the per capita income of the Indian tribe, tribal 
        organization, or tribal consortium.
  (e) Nonapplication to Cooperative Agreements and Contracts.--
Any cooperative agreement or contract entered into between an 
Indian tribe, a tribal organization, or a tribal consortium and 
a State for the administration or payment of funds under this 
part that is in effect as of the date of enactment of this 
section shall remain in full force and effect, subject to the 
right of either party to the agreement or contract to revoke or 
modify the agreement or contract pursuant to the terms of the 
agreement or contract. Nothing in this section shall be 
construed as affecting the authority for an Indian tribe, a 
tribal organization, or a tribal consortium and a State to 
enter into a cooperative agreement or contract for the 
administration or payment of funds under this part.
  (f) John H. Chafee Foster Care Independence Program.--Except 
as provided in section 477(j), subsection (b) of this section 
shall not apply with respect to the John H. Chafee Foster Care 
Independence Program established under section 477 (or with 
respect to payments made under section 474(a)(4) or grants made 
under section 474(e)).
  (g) Rule of Construction.--Nothing in this section shall be 
construed as affecting the application of section 472(h) to a 
child on whose behalf payments are paid under section 472, or 
the application of section 473(b) to a child on whose behalf 
payments are made under section 473 pursuant to an adoption 
assistance agreement or a kinship guardianship assistance 
agreement, by an Indian tribe, tribal organization, or tribal 
consortium that elects to operate a foster care and adoption 
assistance program in accordance with this section.

           *       *       *       *       *       *       *


                         VIII. ADDITIONAL VIEWS

                     ADDITIONAL VIEWS FOR H.R. 5456

    We believe in the importance of providing a federal 
incentive for states to invest in prevention and early 
intervention for the safety of children. This bill makes 
eventual progress toward that objective, but there are several 
major problems with it. First, this bill provides no immediate 
relief for the crises facing so many children endangered now. 
No additional funds are provided for prevention this year, next 
year, or the following year. Not until the final quarter of 
2019--more than three years from now--will funds be available 
to children who are the victims of abuse and neglect, including 
the many impacted by the opioid crisis. Texas and Mississippi 
foster care has already been declared unconstitutional, and 
litigation is pending because of foster care failings in a 
number of other states. Further delay means further impairment 
of the future for so many young Americans.
    Second, this bill continues a Republican tradition of the 
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. Once again, this bill takes from 
Peter to pay Paul, this time in the form of cuts to congregate 
foster care and adoption assistance to families for children 
who would otherwise be in foster care. The cuts to congregate 
care are imposed without an alternative placement--where will 
these kids go? Republicans rejected the use of additional 
resources to prevent child abuse, including a simple tax 
compliance measure that would require the filing of a 1099 for 
alimony payments that would have provided more than $2 billion 
of resources, without raising a dime of taxes.
    The failure to provide sufficient resources means this bill 
fails to provide sufficient resources for family members, who 
are caring for children when their parents cannot as an 
alternative to foster care. Senators Hatch and Wyden agreed 
upon a bipartisan proposal of kinship assistance that would 
have provided approximately $1.7 billion. This bill has 
whittled down their kinship assistance proposal to about $126 
million, or less than 8% of what was originally proposed. This 
is not a compromise worthy of celebration.
    Third, 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 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, both physical and 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 prevention services for children, 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 every 
dollar of 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.
    Nor does this bill propose any meaningful action to prevent 
diversion by states like Texas. 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 in the attached 
chart from the U.S. Department of Health and Human Services 
adds nothing not already known, but if desired, it could have 
been requested long ago with a mere letter. Seeking another 
report represents cover for taking away resources to help 
blameless infants and toddlers.
    We have a serious problem that deserves a serious state-
federal, bipartisan solution. We are not opposing today's bill 
but it is does far less than its promoters pretend. It is a 
true missed opportunity to help some of our most vulnerable 
Americans. Today's bill does something, someday. We ought to be 
doing more today.

                                   Lloyd Doggett.
                                   Jim McDermott.

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