[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\
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\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.
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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.
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\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).
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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.
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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\
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\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
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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\
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\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\
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\6\Juvenile Law Center, letter to Committee Staff, June 13, 2016.
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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\
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\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\
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\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.
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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.
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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\
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\10\Stoltzfus, E (March 2015). Memorandum to the Senate Finance
Committee: Current Law Regarding Child Welfare Demonstration Authority
and Project Approved.
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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\
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\11\Stoltzfus, E (March 2015). Memorandum to the Senate Finance
Committee: Current Law Regarding Child Welfare Demonstration Authority
and Project Approved.
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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.
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\12\Wilson, Duff and Shiffman, John. Helpless & Hooked: A Reuters
Investigation (December 2015). http://www.reuters.com/investigates/
special-report/baby-opioids/.
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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\
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\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.
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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\
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\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.
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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\
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\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.
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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
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\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.
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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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