[House Report 118-347]
[From the U.S. Government Publishing Office]


118th Congress }                                               {   Report
                        HOUSE OF REPRESENTATIVES
 2d Session    }                                               {  118-347

======================================================================



 
               RECRUITING FAMILIES USING DATA ACT OF 2023

                                _______
                                

January 16, 2024.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

Mr. Smith of Missouri, from the Committee on Ways and Means, submitted 
                             the following

                              R E P O R T

                        [To accompany H.R. 3058]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Ways and Means, to whom was referred the 
bill (H.R. 3058) to amend parts B and E of title IV of the 
Social Security Act to improve foster and adoptive parent 
recruitment and retention, and for other purposes, having 
considered the same, reports favorably thereon with an 
amendment and recommends that the bill as amended do pass.

                                CONTENTS

                                                                   Page
  I. SUMMARY AND BACKGROUND...........................................3
          A. Purpose and Summary.................................     3
          B. Background and Need for Legislation.................     3
          C. Legislative History.................................     4
          D. Designated Hearing..................................     4
 II. EXPLANATION OF THE BILL..........................................4
III. VOTE OF THE COMMITTEE............................................5
 IV. BUDGET EFFECTS OF THE BILL.......................................6
          A. Committee Estimate of Budgetary Effects.............     6
          B. Statement Regarding New Budget Authority and Tax 
              Expenditures Budget Authority......................     6
  V. COST ESTIMATE PREPARED BY THE CONGRESSIONAL BUDGET OFFICE........6
 VI. OTHER MATTERS TO BE DISCUSSED UNDER THE RULES OF THE HOUSE.......8
          A. Committee Oversight Findings and Recommendations....     8
          B. Statement of General Performance Goals and 
              Objectives.........................................     8
          C. Information Relating to Unfunded Mandates...........     8
          D. Congressional Earmarks, Limited Tax Benefits, and 
              Limited Tariff Benefits............................     8
          E. Duplication of Federal Programs.....................     8
VII. CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED............8
          In compliance with clause 3(e) of rule XIII of the 
              Rules of the House of Representatives, changes in 
              existing law made 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):.............    00

    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 ``Recruiting Families Using Data Act of 
2023''.

SEC. 2. STATE PLAN AMENDMENT.

  (a) In General.--Section 422 of the Social Security Act (42 U.S.C. 
622) is amended--
          (1) in subsection (b)(7), by inserting ``through the 
        development and implementation of a family partnership plan 
        which meets the requirements of subsection (d) for 
        identification, recruitment, screening, licensing, support, and 
        retention of foster and adoptive families'' after ``are 
        needed''; and
          (2) by adding at the end the following:
  ``(d) Family Partnership Plan Requirements.--For purposes of 
subsection (b)(7), the requirements for a family partnership plan (in 
this subsection referred to as the `plan') are the following:
          ``(1) The plan is developed in consultation with birth, 
        kinship, foster and adoptive families, community-based service 
        providers, technical assistance providers, and youth with lived 
        experience with foster care and adoption.
          ``(2) The plan describes--
                  ``(A) how the State plans to identify, notify, 
                engage, and support relatives (and others connected to 
                the child) as potential placement resources for 
                children;
                  ``(B) how the State plans to develop and implement 
                child-specific recruitment plans for every child in or 
                entering foster care who needs a foster or adoptive 
                family;
                  ``(C) how the State plans to authentically engage 
                children and youth in recruitment efforts on their 
                behalf;
                  ``(D) how the State plans to use data to establish 
                goals, assess needs, measure progress, reduce 
                unnecessary placements in congregate care, increase 
                permanency, improve placement stability, increase the 
                rate of kinship placements, improve recruitment and 
                retention of families for teens, sibling groups, and 
                other special populations, and align the composition of 
                foster and adoptive families with the needs of children 
                in or entering foster care; and
                  ``(E) how the State will stand up or support foster 
                family advisory boards for the purpose of improving 
                recruitment and retention of foster and adoptive 
                families.
          ``(3) The plan provides that, not less than annually, the 
        State shall collect and report on the State's actual foster 
        family capacity and congregate care utilization, including the 
        number, demographics, and characteristics of licensed foster 
        families, including prospective adoptive families, the number 
        of such families that haven't received a placement or are not 
        being fully utilized and the reasons therefor, and the number, 
        demographics, and characteristics of children placed in 
        congregate care in-State and out-of-State.
          ``(4) The plan includes, and shall update not less than 
        annually, a summary of the most recent feedback from foster and 
        adoptive parents and youth regarding licensure, training, 
        support, and reasons why parents stop fostering or why adoptive 
        or legal guardianship placements out of foster care fail or 
        foster and such adoptive or legal guardianship families 
        struggle to meet children's needs.
          ``(5) The plan includes, and shall update annually, a report 
        on the State's analysis of specific challenges or barriers to 
        recruiting, licensing, and utilizing families who reflect the 
        racial and ethnic background of children in foster care in the 
        State, and the State's efforts to overcome those challenges and 
        barriers.
          ``(6) The plan includes such other information relating to 
        foster and adoptive parent recruitment and retention as the 
        Secretary may require.''.
  (b) Effective Date.--
          (1) In general.--Except as provided in paragraph (2), the 
        amendment made by this subsection shall take effect on October 
        1, 2024.
          (2) Delay permitted if state legislation required.--In the 
        case of a State plan approved under subpart 1 of part B 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 this 
        subsection, 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 
        subsection. For purposes of the previous sentence, in the case 
        of a State that has a 2-year legislative session, each year of 
        such session shall be deemed to be a separate regular session 
        of the State legislature.

SEC. 3. INCLUSION OF INFORMATION ON FOSTER AND ADOPTIVE FAMILIES IN 
                    ANNUAL CHILD WELFARE OUTCOMES REPORT TO CONGRESS.

  Section 479A(a) of the Social Security Act (42 U.S.C. 679b(a)) is 
amended--
          (1) in paragraph (6)(C), by striking ``and'' after the 
        semicolon;
          (2) in paragraph (7)(B), by striking the period and inserting 
        ``; and''; and
          (3) by adding at the end the following:
          ``(8) include in the report submitted pursuant to paragraph 
        (5) for fiscal year 2025 or any succeeding fiscal year--
                  ``(A) State-by-State data on the number, 
                demographics, and characteristics of foster and 
                adoptive families in the State, and the number of 
                potential foster and adoptive families not being 
                utilized in the State and the reasons why;
                  ``(B) a summary of the challenges of, and barriers 
                to, being a foster or adoptive parent, including with 
                respect to recruitment, licensure, engagement, 
                retention, and why parents stop fostering, adoptions 
                disrupt or dissolve, or foster or adoptive families 
                struggle, as reported by States based on surveys of 
                foster and adoptive parents; and
                  ``(C) a summary of the challenges and barriers States 
                reported on efforts to recruit a pool of families that 
                reflect the racial and ethnic background of children in 
                foster care in the State, and efforts to overcome those 
                barriers.''.

                       I. SUMMARY AND BACKGROUND


                         A. Purpose and Summary

    H.R. 3058, as amended, the ``Recruiting Families Using Data 
Act of 2023'' as ordered and reported by the Committee on Ways 
and Means on November 30, 2023, modifies Title IV-B of the 
Social Security Act to expand the diligent recruitment plan 
requirement to include a ``Family Partnership Plan'' that 
describes how the state will identify, recruit, support, and 
retain foster and adoptive families, including consulting 
kinship families and foster parents and youth and using data to 
establish goals and measure progress.
    The bill also modifies Title IV-E of the Social Security 
Act to require the Department of Health and Human Services 
(HHS) to include additional data elements in the existing 
annual outcomes report that HHS submits to Congress. This bill 
was introduced by Representative Daniel Kildee (D-TX), 
Representative Randy Feenstra (R-IA), Representative Shelia 
Cherfilus-McCormick (D-FL), and Representative Don Bacon (R-
NE).

                 B. Background and Need for Legislation

    Almost every state faces challenges with a shortage of 
licensed foster placements, and the available data indicate 
that foster parent retention is a major contributor. A 
significant number of foster parents stop fostering within a 
year, and a considerable portion discontinue after only one or 
two placements. In a recent review of HHS data on state 
compliance with federal foster care laws and requirements, the 
CHAMPS (Children Need Amazing Parents) campaign found that only 
17 states had strong data-driven foster parent recruitment and 
retention processes and no state was rated ``strong'' at making 
concerted efforts to place children with relatives when 
possible.\1\
---------------------------------------------------------------------------
    \1\What the Child and Family Services Reviews Tell Us about How 
States are Doing on Foster Parenting Priorities Identified by the 
CHAMPS Campaign, CHAMPS, www.fosteringchamps.org.
---------------------------------------------------------------------------
    Under Title IV-B of the Social Security Act, states are 
mandated to include a diligent recruitment plan in their state 
plan. This plan aims to actively recruit foster families that 
mirror the racial and ethnic diversity of children in care. 
However, a 2020 HHS review revealed that many states fall short 
in submitting all required information and documentation, 
highlighting the potential benefits of additional guidance on 
diligent recruitment efforts.\2\ Enhancing data collection on 
the capacity of the foster care system can assist states in 
comprehending the extent of their recruitment challenges and 
understanding the reasons behind the discontinuation of foster 
care by families.
---------------------------------------------------------------------------
    \2\ASPE The Multiethnic Placement Act 25 Years Later: Diligent 
Recruitment Plans. 2020.
---------------------------------------------------------------------------

                         C. Legislative History


Background

    H.R. 3058 was introduced on May 2, 2023, and was referred 
to the Committee on Ways and Means.

Committee hearings

    The Committee has held the following hearings:
    On September 28, 2023, the Committee on Ways and Means held 
a hearing titled, ``Modernizing Child Welfare to Protect 
Vulnerable Children'' which highlighted the lack of foster 
homes for children in foster care and the strain on the child 
welfare system and workforce.

Committee action

    The Committee on Ways and Means marked up H.R. 3058, the 
``Recruiting Families Using Data Act of 2023'', on November 30, 
2023, and ordered the bill, as amended, favorably reported 
(with a quorum being present).

                         D. Designated Hearing

    Pursuant to clause 3(c)(6) of rule XIII, the following 
hearing was used to develop and consider this legislation: The 
Committee on Ways and Means Work and Welfare Subcommittee 
hearing on ``Modernizing Child Welfare to Protect Vulnerable 
Children'' held on September 28, 2023.

                      II. EXPLANATION OF THE BILL


                        Explanation of the Bill


Section. 1. Short title

                       EXPLANATION OF PROVISIONS

    This section provides the title for the bill ``Recruiting 
Families Using Data Act of 2023''.

                           REASONS FOR CHANGE

    The Committee believes the title accurately reflects the 
content of the bill.

Section 2. State plan amendment

                       EXPLANATION OF PROVISIONS

    This section amends Title IV-E of the Social Security Act 
to expand the current diligent recruitment requirement to 
include the development of a ``Family Partnership Plan,'' in 
consultation with birth, kinship, foster and adoptive families, 
community-based service providers, and youth with lived 
experience.

                           REASONS FOR CHANGE

    The Committee believes that asking states to expand on 
their diligent recruitment efforts through a ``Family 
Partnership Plan'' will improve state planning and strategy to 
recruit and retain foster parents to care for children entering 
the foster care system.

Section 3. Inclusion of information on foster and adopted families in 
        annual child welfare outcomes report to Congress

                       EXPLANATION OF PROVISIONS

    This section amends Title IV-B of the Social Security Act 
to require the inclusion of the following information in the 
HHS ``Annual Child Welfare Outcomes Report to Congress'' for 
fiscal year 2025 or any succeeding fiscal year to include:
           State-by-state data on the number, 
        demographics, and characteristics of foster and 
        adoptive families, and the number of potential foster 
        and adoptive families.
           A summary of the challenges and barriers to 
        being a foster or adoptive parent, including 
        recruitment, licensure, retention, and why parents stop 
        fostering, as reported by states, and based on surveys 
        of foster and adoptive parents.
           A summary of the challenges faced by states 
        to recruit a pool of families that reflect the 
        composition and diverse needs of children in foster 
        care.

                           REASONS FOR CHANGE

    The Committee believes that appropriate data on states' 
effectiveness in recruiting and retaining foster parents is 
valuable for policy and oversight.

                             Effective Date

    The bill would become effective on October 1, 2024.

                       III. VOTE 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. 3058, the ``Recruiting Families Using 
Data Act of 2023,'' on November 30, 2023.
    H.R. 3058 was ordered favorably reported to the House of 
Representatives as amended by a roll call vote of 42 yeas to 0 
nays (with a quorum being present). The vote was as follows:

----------------------------------------------------------------------------------------------------------------
           Representative              Yea     Nay    Present       Representative       Yea     Nay    Present
----------------------------------------------------------------------------------------------------------------
Mr. Smith (MO).....................      X   ......  .........  Mr. Neal.............      X   ......  .........
Mr. Buchanan.......................      X   ......  .........  Mr. Doggett..........      X   ......  .........
Mr. Smith (NE).....................      X   ......  .........  Mr. Thompson.........      X   ......  .........
Mr. Kelly..........................  ......  ......  .........  Mr. Larson...........      X   ......  .........
Mr. Schweikert.....................      X   ......  .........  Mr. Blumenauer.......      X   ......  .........
Mr. LaHood.........................      X   ......  .........  Mr. Pascrell.........      X   ......  .........
Dr. Wenstrup.......................      X   ......  .........  Mr. Davis............      X   ......  .........
Mr. Arrington......................      X   ......  .........  Ms. Sanchez..........      X   ......  .........
Dr. Ferguson.......................      X   ......  .........  Mr. Higgins..........      X   ......  .........
Mr. Estes..........................      X   ......  .........  Ms. Sewell...........      X   ......  .........
Mr. Smucker........................      X   ......  .........  Ms. DelBene..........      X   ......  .........
Mr. Hern...........................      X   ......  .........  Ms. Chu..............      X   ......  .........
Ms. Miller.........................      X   ......  .........  Ms. Moore............      X   ......  .........
Dr. Murphy.........................      X   ......  .........  Mr. Kildee...........      X   ......  .........
Mr. Kustoff........................      X   ......  .........  Mr. Beyer............      X   ......  .........
Mr. Fitzpatrick....................      X   ......  .........  Mr. Evans............      X   ......  .........
Mr. Steube.........................      X   ......  .........  Mr. Schneider........      X   ......  .........
Ms. Tenney.........................      X   ......  .........  Mr. Panetta..........      X   ......  .........
Mrs. Fischbach.....................      X   ......  .........
Mr. Moore..........................      X   ......  .........
Mrs. Steel.........................      X   ......  .........
Ms. Van Duyne......................      X   ......  .........
Mr. Feenstra.......................      X   ......  .........
Ms. Malliotakis....................      X   ......  .........
Mr. Carey..........................      X   ......  .........
----------------------------------------------------------------------------------------------------------------

                     IV. BUDGET EFFECTS OF THE BILL


               A. Committee Estimate of Budgetary Effects

    In compliance with clause 3(d) of rule XIII of the Rules of 
the House of Representatives, the following statement is made 
concerning the effects on the budget of the bill, H.R. 3058, as 
reported. The estimate prepared by the Congressional Budget 
Office (CBO) is included below.

B. Statement Regarding New Budget Authority and Tax Expenditures Budget 
                               Authority

    In compliance with clause 3(c)(2) of rule XIII of the Rules 
of the House of Representatives, the Committee states that the 
bill involves no new or increased budget authority. The 
Committee states further that the bill involves no new or 
increased tax expenditures.

      V. COST ESTIMATE PREPARED BY THE CONGRESSIONAL BUDGET OFFICE

    In compliance with clause 3(c)(3) of rule XIII of the Rules 
of the House of Representatives, requiring a cost estimate 
prepared by the CBO, the following statement by CBO is 
provided.




    H.R. 3058 would require states to include a family 
partnership plan describing how they will recruit, screen, and 
retain foster and adoptive families in the plans they submit to 
the Department of Health and Human Services (HHS). Current law 
requires states to submit a foster care plan to be eligible to 
receive grants for child and family services under Title IV-B 
of the Social Security Act. The bill also would require HHS to 
report to the Congress annually on the number, demographics, 
and characteristics of foster and adoptive families in each 
state and on the challenges of, and barriers to, being a foster 
or adoptive parent.
    Using information from HHS, CBO estimates that implementing 
the new requirements would cost the department less than 
$500,000 over the 2024-2028 period. Any spending would be 
subject to the availability of appropriated funds.
    H.R. 3058 would impose an intergovernmental mandate as 
defined in the Unfunded Mandates Reform Act (UMRA) by requiring 
states' foster care plans to include a family partnership plan. 
Such a plan would include details on placement resources for 
children, efforts to increase the rate of placements with 
family members, and data on foster family capacity and usage. 
Under current law, states publish a substantial volume of data 
and information on the operation of their foster care programs 
through strategic plans and annual reports. The duties required 
by the bill would not significantly expand those requirements.
    Additionally, the bill would grant states that require 
legislative changes to comply with these duties extra time to 
meet the requirements. That flexibility could spread out the 
aggregate cost of the mandate across multiple years. Therefore, 
CBO estimates that the cost of the mandate would not exceed the 
annual intergovernmental threshold established in UMRA ($99 
million in 2023, adjusted annually for inflation).
    The bill contains no private-sector mandates.
    The CBO staff contacts for this estimate are Susanne 
Mehlman and Delaney Smith (for federal costs) and Andrew 
Laughlin (for mandates). The estimate was reviewed by H. Samuel 
Papenfuss, Deputy Director of Budget Analysis.
                                         Phillip L. Swagel,
                             Director, Congressional Budget Office.

     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 made findings and 
recommendations that are reflected in this report.

        B. Statement of General Performance Goals and Objectives

    With respect to clause 3(c)(4) of rule XIII of the Rules of 
the House of Representatives, the Committee advises that the 
bill does not authorize funding, so no statement of general 
performance goals and objectives is required.

              C. Information Relating to Unfunded Mandates

    This information is provided in accordance with section 423 
of the Unfunded Mandates Reform Act of 1995 (Pub. L. No. 104-
4).
    The Committee has determined that the bill does not contain 
Federal mandates on the private sector. The Committee has 
determined that the bill does not impose a Federal 
intergovernmental mandate on State, local, or tribal 
governments.

  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 clause 3(c)(5) of rule XIII of the Rules 
of the House of Representatives, 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).

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

    In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made 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 through the 
        development and implementation of a family partnership 
        plan which meets the requirements of subsection (d) for 
        identification, recruitment, screening, licensing, 
        support, and retention of foster and adoptive families;
          (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;
                          (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
                          (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 
        all vulnerable children under 5 years of age who 
        receive benefits or services under this part or part E; 
        and
          (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 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.
  (d) Family Partnership Plan Requirements.--For purposes of 
subsection (b)(7), the requirements for a family partnership 
plan (in this subsection referred to as the ``plan'') are the 
following:
          (1) The plan is developed in consultation with birth, 
        kinship, foster and adoptive families, community-based 
        service providers, technical assistance providers, and 
        youth with lived experience with foster care and 
        adoption.
          (2) The plan describes--
                  (A) how the State plans to identify, notify, 
                engage, and support relatives (and others 
                connected to the child) as potential placement 
                resources for children;
                  (B) how the State plans to develop and 
                implement child-specific recruitment plans for 
                every child in or entering foster care who 
                needs a foster or adoptive family;
                  (C) how the State plans to authentically 
                engage children and youth in recruitment 
                efforts on their behalf;
                  (D) how the State plans to use data to 
                establish goals, assess needs, measure 
                progress, reduce unnecessary placements in 
                congregate care, increase permanency, improve 
                placement stability, increase the rate of 
                kinship placements, improve recruitment and 
                retention of families for teens, sibling 
                groups, and other special populations, and 
                align the composition of foster and adoptive 
                families with the needs of children in or 
                entering foster care; and
                  (E) how the State will stand up or support 
                foster family advisory boards for the purpose 
                of improving recruitment and retention of 
                foster and adoptive families.
          (3) The plan provides that, not less than annually, 
        the State shall collect and report on the State's 
        actual foster family capacity and congregate care 
        utilization, including the number, demographics, and 
        characteristics of licensed foster families, including 
        prospective adoptive families, the number of such 
        families that haven't received a placement or are not 
        being fully utilized and the reasons therefor, and the 
        number, demographics, and characteristics of children 
        placed in congregate care in-State and out-of-State.
          (4) The plan includes, and shall update not less than 
        annually, a summary of the most recent feedback from 
        foster and adoptive parents and youth regarding 
        licensure, training, support, and reasons why parents 
        stop fostering or why adoptive or legal guardianship 
        placements out of foster care fail or foster and such 
        adoptive or legal guardianship families struggle to 
        meet children's needs.
          (5) The plan includes, and shall update annually, a 
        report on the State's analysis of specific challenges 
        or barriers to recruiting, licensing, and utilizing 
        families who reflect the racial and ethnic background 
        of children in foster care in the State, and the 
        State's efforts to overcome those challenges and 
        barriers.
          (6) The plan includes such other information relating 
        to foster and adoptive parent recruitment and retention 
        as the Secretary may require.

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

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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) 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[.]; and
          (8) include in the report submitted pursuant to 
        paragraph (5) for fiscal year 2025 or any succeeding 
        fiscal year--
                  (A) State-by-State data on the number, 
                demographics, and characteristics of foster and 
                adoptive families in the State, and the number 
                of potential foster and adoptive families not 
                being utilized in the State and the reasons 
                why;
                  (B) a summary of the challenges of, and 
                barriers to, being a foster or adoptive parent, 
                including with respect to recruitment, 
                licensure, engagement, retention, and why 
                parents stop fostering, adoptions disrupt or 
                dissolve, or foster or adoptive families 
                struggle, as reported by States based on 
                surveys of foster and adoptive parents; and
                  (C) a summary of the challenges and barriers 
                States reported on efforts to recruit a pool of 
                families that reflect the racial and ethnic 
                background of children in foster care in the 
                State, and efforts to overcome those barriers.
  (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.

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