[House Report 118-679]
[From the U.S. Government Publishing Office]
118th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 118-679
======================================================================
PROTECTING AMERICA'S CHILDREN BY STRENGTHENING FAMILIES ACT
_______
September 17, 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. 9076]
The Committee on Ways and Means, to whom was referred the
bill (H.R. 9076) to reauthorize and modernize part B of title
IV of the Social Security Act to strengthen child welfare
services, expand the availability of prevention services to
better meet the needs of vulnerable families, 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........................................... 17
A. Purpose and Summary................................... 17
B. Background and Need for Legislation................... 18
C. Legislative History................................... 18
D. Designated Hearing.................................... 19
II. EXPLANATION OF THE BILL.......................................... 19
III.VOTE OF THE COMMITTEE............................................ 31
IV. BUDGET EFFECTS OF THE BILL....................................... 32
A. Committee Estimate of Budgetary Effects............... 32
B. Statement Regarding New Budget Authority and Tax
Expenditures Budget Authority........................ 32
C. Cost Estimate Prepared by the Congressional Budget
Office............................................... 32
V. OTHER MATTERS TO BE DISCUSSED UNDER THE RULES OF THE HOUSE....... 33
A. Committee Oversight Findings and Recommendations...... 33
B. Statement of General Performance Goals and Objectives. 33
C. Information Relating to Unfunded Mandates............. 33
D. Congressional Earmarks, Limited Tax Benefits, and
Limited Tariff Benefits.............................. 33
E. Duplication of Federal Programs....................... 33
VI. CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED............ 33
A. Changes in Existing Law Made by the Bill, as Reported. 33
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE; REFERENCES.
(a) Short Title.--This Act may be cited as the ``Protecting America's
Children by Strengthening Families Act''.
(b) References.--Except as otherwise expressly provided, wherever in
this Act an amendment or repeal is expressed in terms of an amendment
to, or repeal of, a section or other provision, the reference shall be
considered to be made to that section or other provision of the Social
Security Act.
SEC. 2. TABLE OF CONTENTS.
The table of contents of this Act is as follows:
Sec. 1. Short title; references.
Sec. 2. Table of contents.
Sec. 3. Reauthorization of child welfare programs.
Sec. 4. Enhancements to the court improvement program.
Sec. 5. Expanding regional partnership grants to address parental
substance use disorder as cause of child removal.
Sec. 6. Modernization; reducing administrative burden.
Sec. 7. Streamlining funding for Indian tribes.
Sec. 8. Accelerating access to Family First prevention services.
Sec. 9. Strengthening support for youth aging out of foster care.
Sec. 10. Recognizing the importance of relative and kinship caregivers.
Sec. 11. Avoiding neglect by addressing poverty.
Sec. 12. Strengthening support for caseworkers.
Sec. 13. Demonstration projects for improving relationships between
incarcerated parents and children in foster care.
Sec. 14. Guidance to States on improving data collection and reporting
for youth in residential treatment programs.
Sec. 15. Streamlining research, training, and technical assistance
funding.
Sec. 16. Report on post adoption and subsidized guardianship services.
Sec. 17. Effective date.
SEC. 3. REAUTHORIZATION OF CHILD WELFARE PROGRAMS.
(a) Reauthorization of Subpart 1; Discretionary Funding.--Section 425
(42 U.S.C. 625) is amended by striking ``2017 through 2023'' and
inserting ``2025 through 2029''.
(b) Reauthorization of Subpart 2; Enhanced Support.--Section 436(a)
(42 U.S.C. 629f(a)) is amended by striking ``each of fiscal years 2017
through 2023'' and inserting ``fiscal year 2025 and $420,000,000 for
each of fiscal years 2026 through 2029''.
(c) Reauthorization of Subpart 2; Discretionary Funding.--Section
437(a) (42 U.S.C. 629g(a)) is amended by striking ``2017 through 2023''
and inserting ``2025 through 2029''.
(d) Funding Limitation.--Section 423(a)(2)(A) (42 U.S.C.
623(a)(2)(A)) is amended by inserting ``, not to exceed $10,000,000''
before the semicolon.
SEC. 4. ENHANCEMENTS TO THE COURT IMPROVEMENT PROGRAM.
(a) Increase in Reservation of Funds.--Section 436(b)(2) (42 U.S.C.
629f(b)(2)) is amended by inserting ``for fiscal year 2025 and
$40,000,000 for fiscal year 2026 and each succeeding fiscal year''
before ``for grants''.
(b) Extension of State Match Requirement.--Section 438(d) (42 U.S.C.
629h(d)) is amended by striking ``2017 through 2023'' and inserting
``2025 through 2029''.
(c) Program Improvements.--Section 438(a) (42 U.S.C. 629h(a)) is
amended--
(1) in paragraph (1), by adding at the end the following:
``(F) that determine the appropriateness and best
practices for use of technology to conduct remote
hearings, subject to participant consent, including to
ensure maximum participation of individuals involved in
proceedings and to enable courts to maintain operations
in times of public health or other emergencies;'';
(2) in paragraph (2)(C), by striking ``personnel.'' and
inserting ``personnel and supporting optimal use of remote
hearing technology; and''; and
(3) by adding at the end the following:
``(3) to ensure continuity of needed court services, prevent
disruption of the services, and enable their recovery from
threats such as public health crises, natural disasters or
cyberattacks, including through--
``(A) support for technology that allows court
proceedings to occur remotely subject to participant
consent, including hearings and legal representation;
``(B) the development of guidance and protocols for
responding to the occurrences and coordinating with
other agencies; and
``(C) other activities carried out to ensure backup
systems are in place.''.
(d) Implementation Guidance on Sharing Best Practices for
Technological Changes Needed for Remote Court Proceedings for Foster
Care or Adoption.--Section 438 (42 U.S.C. 629h) is amended by adding at
the end the following:
``(e) Guidance.--
``(1) In general.--Every 5 years, the Secretary shall issue
implementation guidance for sharing information on best
practices for--
``(A) technological changes needed for court
proceedings for foster care, guardianship, or adoption
to be conducted remotely in a way that maximizes
engagement and protects the privacy of participants;
and
``(B) the manner in which the proceedings should be
conducted.
``(2) Initial issuance.--The Secretary shall issue initial
guidance required by paragraph (1) with preliminary information
on best practices not later than October 1, 2025.
``(3) Additional consultation.--The Secretary shall consult
with Indian tribes on the development of appropriate guidelines
for State court proceedings involving Indian children to
maximize engagement of Indian tribes and provide appropriate
guidelines on conducting State court proceedings subject to the
Indian Child Welfare Act of 1978 (25 U.S.C. 1901 et seq.).''.
SEC. 5. EXPANDING REGIONAL PARTNERSHIP GRANTS TO ADDRESS PARENTAL
SUBSTANCE USE DISORDER AS CAUSE OF CHILD REMOVAL.
(a) Increase in Reservation of Funds.--Section 436(b)(5) (42 U.S.C.
629f(b)(5)) is amended by striking ``each of fiscal years 2017 through
2023'' and inserting ``fiscal year 2025 and $30,000,000 for fiscal year
2026 and each succeeding fiscal year''.
(b) Reauthorization.--Section 437(f) (42 U.S.C. 629g(f)) is amended--
(1) in paragraph (3)(A)--
(A) by striking ``In addition to amounts authorized
to be appropriated to carry out this section, the'' and
inserting ``The''; and
(B) by striking ``2017 through 2023'' and inserting
``2025 through 2029''; and
(2) in paragraph (10), by striking ``for each of fiscal years
2017 through 2023''.
(c) Authority to Waive Planning Phase.--Section 437(f)(3)(B)(iii) (42
U.S.C. 629g(f)(3)(B)(iii)) is amended--
(1) by striking all that precedes ``grant awarded'' and
inserting the following:
``(iii) Sufficient planning.--
``(I) In general.--A''; and
(2) by striking ``may not exceed $250,000, and''; and
(3) by adding after and below the end the following:
``(II) Exception.--The Secretary, on
a case-by-case basis, may waive the
planning phase for a partnership that
demonstrates that the partnership has
engaged in sufficient planning before
submitting an application for a grant
under this subsection.''.
(d) Expanding Availability of Evidence-based Services.--
(1) In general.--Section 437(f)(1) (42 U.S.C. 629g(f)(1)) is
amended by inserting ``, and expand the scope of the evidence-
based services that may be approved by the clearinghouse
established under section 476(d)'' before the period.
(2) Considerations for awarding grants.--Section 437(f)(7)
(42 U.S.C. 629g(f)(7)) is amended--
(A) by striking ``and'' at the end of subparagraph
(D);
(B) by striking the period at the end of subparagraph
(E) and inserting ``; and''; and
(C) by adding at the end the following:
``(F) have submitted information pursuant to
paragraph (4)(F) that demonstrates the capability to
participate in rigorous evaluation of program
effectiveness.''.
(e) Technical Assistance on Using Regional Partnership Grant Funds in
Coordination With Other Federal Funds to Better Serve Families Affected
by a Substance Use Disorder.--Section 435(d) (42 U.S.C. 629e(d)) is
amended--
(1) by striking ``and'' at the end of paragraph (4);
(2) by striking the period at the end of paragraph (5) and
inserting ``; and''; and
(3) by adding at the end the following:
``(6) use grants under section 437(f) in coordination with
other Federal funds to better serve families in the child
welfare system that are affected by a substance use
disorder.''.
(f) Performance Indicators.--Section 437(f)(8)(A) (42 U.S.C.
629g(f)(8)(A)) is amended in the 1st sentence--
(1) by striking ``this subsection'' the 1st place it appears
and inserting ``the Protecting America's Children by
Strengthening Families Act'';
(2) by inserting ``child permanency, reunification, re-entry
into care,'' before ``parental recovery''; and
(3) by inserting ``, and access to services for families with
substance use disorder, including those with children who are
overrepresented in foster care, difficult to place, or have
disproportionately low permanency rates'' before the period.
(g) Performance Indicator Consultation Required.--Section
437(f)(8)(B) (42 U.S.C. 629g(f)(8)(B)) is amended by redesignating
clause (iii) as clause (iv) and inserting after clause (ii) the
following:
``(iii) The Administrator of the National
Institute on Drug Abuse.''.
(h) Reports to Congress.--Section 437(f)(9)(B) (42 U.S.C.
629g(f)(9)(B)) is amended--
(1) by striking ``and'' at the end of clause (ii);
(2) by striking the period at the end of clause (iii) and
inserting ``; and''; and
(3) by adding at the end the following:
``(iv) whether any programs funded by the
grants were submitted to the clearinghouse
established under section 476(d) for review and
the results of any such review.''.
(i) Priority for Statewide Service Growth.--Section 437(f)(7) (42
U.S.C. 629g(f)(7)), as amended by subsection (d)(2) of this section, is
amended--
(1) by striking ``and'' at the end of subparagraph (E);
(2) by striking the period at the end of subparagraph (F) and
inserting ``; and''; and
(3) by adding at the end the following:
``(G) are a State or public agency, or outline a plan
to increase the availability of services funded under
the grant statewide.''.
(j) Addition of Juvenile Court as Required Partner.--Section
437(f)(2)(A) (42 U.S.C. 629g(f)(2)(A)) is amended by adding at the end
the following:
``(iii) The most appropriate administrative
office of the juvenile court or State court
overseeing court proceedings involving families
who come to the attention of the court due to
child abuse or neglect.''.
(k) Additional Optional Partner.--Section 437(f)(2)(C) (42 U.S.C.
629g(f)(2)(C)) is amended by redesignating clause (ix) as clause (x)
and inserting after clause (viii) the following:
``(ix) State or local agencies that
administer Federal health care, housing, family
support, or other related programs.''.
(l) Conforming Amendments.--
(1) Section 437(f)(2)(D) (42 U.S.C. 629g(f)(2)(D)) is
amended--
(A) by adding ``and'' at the end of clause (i);
(B) by striking ``; and'' at the end of clause (ii)
and inserting a period; and
(C) by striking clause (iii).
(2) Section 437(f)(2) (42 U.S.C. 629g(f)(2)) is amended by
striking subparagraph (B) and redesignating subparagraphs (C)
and (D) as subparagraphs (B) and (C), respectively
SEC. 6. MODERNIZATION; REDUCING ADMINISTRATIVE BURDEN.
(a) In General.--Section 431 (42 U.S.C. 629a) is amended by adding at
the end the following:
``(c) Use of Technology.--
``(1) Use of portal.--The services referred to in subsection
(a) may include the means of access to and use of an electronic
or digital portal to facilitate the provision of community
support to care for and meet specific needs of families and
children.
``(2) Limitation.--Such a portal shall not retain or share
personally identifiable information about a beneficiary without
consent or for any purpose other than referral.''.
(b) Allowing Support for Family Resource Centers.--Section 431(a) (42
U.S.C. 629a(a)) is amended--
(1) in paragraph (2)(A), by inserting ``, including services
provided by family resource centers,'' before ``designed''; and
(2) by adding at the end the following:
``(10) Family resource center.--
``(A) In general.--The term `family resource center'
means a community or school-based hub of support
services for families that--
``(i) utilizes an approach that is multi-
generational, strengths-based, and family-
centered;
``(ii) reflects, and is responsive to,
community needs and interests;
``(iii) provides support at no or low cost
for participants; and
``(iv) builds communities of peer support for
families, including kinship families, to
develop social connections that reduce
isolation and stress.
``(B) Special rule.--For purposes of this subpart, an
expenditure for a service provided by a family resource
center may be treated as an expenditure for any 1 or
more of family support services, family preservation
services, family reunification services, or adoption
promotion and support services as long as the
expenditure is related to serving the children and
families in the specified category and consistent with
the overall purpose of the category.''.
(c) Updating State Plan Requirement.--Section 422(b)(1) (42 U.S.C.
622(b)(1)) is amended to read as follows:
``(1) provide that a State agency will administer or
supervise the administration of the plan under this subpart;''.
(d) Access to Legal Representation.--Section 422(b)(4) (42 U.S.C.
622(b)(4)) is amended--
(1) by striking ``and'' at the end of subparagraph (A);
(2) by adding ``and'' at the end of subparagraph (B); and
(3) by adding at the end the following:
``(C) the steps that the State will take to ensure
that, with respect to any judicial proceeding involving
a child and in which there is an allegation of child
abuse or neglect, including a proceeding on dependency,
adoption, guardianship, or termination of parental
rights, information about available independent legal
representation is provided to--
``(i) the child, as appropriate; and
``(ii) any individual who is a parent or
guardian, or has legal custody, of the
child;''.
(e) Supporting Mental Health and Well-being of Children in Foster
Care.--Section 422(b)(15)(A) (42 U.S.C. 622(b)(15) is amended--
(1) in the matter preceding clause (i)--
(A) by inserting ``and, if applicable, the State
agency responsible for mental health services,'' before
``and in consultation''; and
(B) by inserting ``mental health providers,'' before
``other experts'';
(2) in clause (ii), by inserting ``a list of services
provided to support the physical and'' before ``emotional'';
(3) in clause (iv), by inserting ``and mental health'' before
``services'';
(4) in clause (v), by inserting ``, informed consent of
youth, and compliance with professional practice guidelines''
before the semicolon; and
(5) in clause (vi), by inserting ``, licensed mental health
providers,'' before ``or other''.
(f) Reduction of Administrative Burden.--
(1) In general.--Subpart 3 of part B of title IV (42 U.S.C.
629m) is amended by redesignating section 440 as section 443
and inserting before such section the following:
``SEC. 441. REDUCTION OF ADMINISTRATIVE BURDEN.
``(a) In General.--The Secretary shall reduce the burden of
administering this part imposed on the recipients of funds under this
part, by--
``(1) reviewing and revising administrative data collection
instruments and forms to eliminate duplication and streamline
reporting requirements for the recipients while collecting all
data required under this part;
``(2) in coordination with activities required under the
Paperwork Reduction Act, conducting an analysis of the total
number of hours reported by the recipients to comply with
paperwork requirements and exploring, in consultation with the
recipients, how to reduce the number of hours required for the
compliance by at least 15 percent;
``(3) collecting input from the recipients with respect to
fiscal and oversight requirements and making changes to ensure
consistency with standards and guidelines for other Federal
formula grant programs based on the input; and
``(4) respecting the sovereignty of Indian tribes when
complying with this subsection.
``(b) Limitation on Applicability.--Subsection (a) of this section
shall not apply to any reporting or data collection otherwise required
by law that would affect the ability of the Secretary to monitor and
ensure compliance with State plans approved under this part or ensure
that funds are expended consistent with this part.
``SEC. 442. PUBLIC ACCESS TO STATE PLANS.
``The Secretary shall--
``(1) create a standardized format for State plans required
under sections 422 and 432 used to monitor compliance with
those sections;
``(2) produce comparisons and analyses of trends in State
plans to inform future technical assistance and policy
development;
``(3) make the State plans available on a public website; and
``(4) include on the website aggregated national summaries of
State submissions as the Secretary deems appropriate.''.
(2) Implementation.--Within 2 years after the date of the
enactment of this Act, the Secretary of Health and Human
Services shall--
(A) comply with section 441 of the Social Security
Act, as added by the amendment made by paragraph (1);
and
(B) notify each recipient of funds under part B of
title IV of the Social Security Act of any change made
by the Secretary pursuant to such section affecting the
recipient.
(3) Report.--Within 3 years after the date of the enactment
of this Act, the Secretary of Health and Human Services shall
submit to the Committee on Ways and Means of the House of
Representatives and the Committee on Finance of the Senate a
report describing the efforts of the Secretary to comply with
section 441 of the Social Security Act, as added by the
amendment made by paragraph (1), including the specific actions
to comply with each paragraph of such section.
(g) Primary Prevention Partners.--Section 435(a)(2)(B) (42 U.S.C.
429e(a)(2)(B)) is amended by inserting ``including community-based
partners with expertise in preventing unnecessary child welfare system
involvement'' before the semicolon.
SEC. 7. STREAMLINING FUNDING FOR INDIAN TRIBES.
(a) Subpart 1.--
(1) Tribal set-aside; direct payments to tribes; exemptive
authority.--
(A) In general.--Section 428 (42 U.S.C. 628) is
amended by striking subsections (a) and (b) and
inserting the following:
``(a) Reservation of Funds; Direct Payments.--Out of any amount
appropriated pursuant to section 425 for a fiscal year, the Secretary
shall reserve 3 percent for grants to Indian tribes and tribal
organizations, which shall be paid directly to Indian tribes and tribal
organizations with a plan approved under this subpart, in accordance
with section 433(a).''.
(B) Conforming amendment.--Section 423(a) (42 U.S.C.
623(a)) is amended by striking ``the sum appropriated
pursuant to section 425 for each fiscal year'' and
inserting ``for each fiscal year, the sum appropriated
pursuant to section 425 remaining after applying
section 428(a)''.
(C) Technical amendment.--Section 428(c) (42 U.S.C.
628(c)) is amended by striking ``450b'' and inserting
``5304''.
(2) Improving compliance with the indian child welfare act.--
(A) State plan requirement.--Section 422(b)(9) (42
U.S.C. 622(b)(9)) is amended by striking ``Act;'' and
inserting ``Act of 1978, including how the State will
ensure timely notice to Indian tribes of State custody
proceedings involving Indian children, foster care or
adoptive placements of Indian children, and case
recordkeeping as such matters relate to transfers of
jurisdiction, termination of parental rights, and
active efforts;''.
(B) Technical assistance.--Subpart 1 of part B of
title IV (42 U.S.C. 621 et seq.) is amended by adding
at the end the following:
``SEC. 429B. EFFECTIVE IMPLEMENTATION OF THE INDIAN CHILD WELFARE ACT
OF 1978.
``(a) In General.--Not later than October 1, 2025, the Secretary, in
consultation with Indian tribal organizations and States, shall develop
a plan and provide technical assistance supporting effective
implementation of the Indian Child Welfare Act of 1978, including
specific measures identified in State plans as required by section
422(b)(9) of this Act. The technical assistance plan shall be based on
data sufficient to assess State strengths and areas for improvement in
implementing Federal standards established under the Indian Child
Welfare Act of 1978, including, at a minimum, the following:
``(1) Timely identification of Indian children and extended
family members.
``(2) Timely tribal notice of State child custody proceedings
involving an Indian child.
``(3) Reports of cases in which a transfer of jurisdiction
(as defined under the Indian Child Welfare Act of 1978) was
granted or was not granted, and reasons specified for denial in
cases where transfer was denied.
``(4) In cases in which a State court orders a foster care
placement of an Indian child, whether requirements for active
efforts to prevent the breakup of the Indian family, testimony
of a qualified expert witness, and evidentiary standards were
met.
``(5) Whether an Indian child was placed in a placement that
is required to be preferred under the Indian Child Welfare Act
of 1978, and if not, the reasons specified.
``(6) In cases in which a State court orders the termination
of parental rights to an Indian child, whether requirements for
active efforts to prevent the breakup of the Indian family,
testimony of a qualified expert witness, and evidentiary
standards were met.
``(b) Interagency Coordination.--On request of the Secretary, the
Secretary of the Interior shall provide the Secretary with such
guidance and assistance as may be necessary to facilitate informing
States and public child welfare agencies on how to comply with the
Indian Child Welfare Act of 1978, including specific measures
identified in State plans as required by section 422(b)(9) of this Act.
``(c) Biennial Reports to Congress.--The Secretary shall biennially
submit to the Committee on Ways and Means of the House of
Representatives and the Committee on Finance of the Senate a written
report on how--
``(1) the States are complying with the Indian Child Welfare
Act of 1978 and section 422(b)(9) of this Act, as informed by
data collected under this section; and
``(2) the Secretary is assisting States and Indian tribes to
improve implementation of Federal standards established under
the Indian Child Welfare Act of 1978.''.
(3) Reporting requirements; administrative costs.--
(A) In general.--Section 428 (42 U.S.C. 628) is
amended by redesignating subsection (c) as subsection
(d) and inserting before such subsection the following:
``(b) Authority to Streamline Reporting Requirements.--The Secretary
shall, in consultation with the affected Indian tribes, modify any
reporting requirement imposed by or under this part on an Indian tribe,
tribal organization, or tribal consortium if the total of the amounts
allotted to the Indian tribe, tribal organization, or tribal consortium
under this part for the fiscal year is not more than $50,000, and in a
manner that limits the administrative burden on any tribe to which not
more than $50,000 is allotted under this subpart for the fiscal year.
``(c) Tribal Authority to Substitute the Federal Negotiated Indirect
Cost Rate for Administrative Costs Cap.--For purposes of sections
422(b)(14) and 424(e), an Indian tribal organization may elect to have
the weighted average of the indirect cost rates in effect under part
220 of title 2, Code of Federal Regulations with respect to the
administrative costs of the Indian tribal organization apply in lieu of
the percentage specified in each such section.''.
(B) Conforming amendments.--Section 431(a) (42 U.S.C.
629a(a)) is amended in each of paragraphs (5) and (6)
by striking ``428(c)'' and inserting ``428(d)''.
(b) Subpart 2.--
(1) Tribal plan exemption.--Section 432(b)(2)(B) (42 U.S.C.
629b(b)(2)(B)) is amended--
(A) by striking ``section 433(a)'' the 1st place it
appears and inserting ``sections 433(a) and 437(c)(1)
combined''; and
(B) by striking ``section 433(a)'' the 2nd place it
appears and inserting ``such sections''.
(2) Application of tribal set-aside before other set-
asides.--Section 436(b)(3) (42 U.S.C. 429f(b)(3)) is amended by
striking ``After applying paragraphs (4) and (5) (but before
applying paragraphs (1) or (2)), the'' and inserting ``The''.
(3) Increase in funding for tribal court improvement
program.--Section 438(c)(3) (42 U.S.C. 629h(c)(3)) is amended
by inserting ``for fiscal year 2025, and $2,000,000 for each of
fiscal years 2026 through 2029,'' before ``for grants''.
SEC. 8. ACCELERATING ACCESS TO FAMILY FIRST PREVENTION SERVICES.
(a) In General.--Section 435 (42 U.S.C. 629e) is amended by adding at
the end the following:
``(f) Prevention Services Evaluation Partnerships.--
``(1) Purpose.--The purpose of this subsection is to
authorize the Secretary to make competitive grants to support
the timely evaluation of--
``(A) services and programs described in section
471(e); or
``(B) kinship navigator programs described in section
474(a)(7).
``(2) Grants.--In accordance with applications approved under
this subsection, the Secretary may make grants, on a
competitive basis, to eligible entities to carry out projects
designed to evaluate a service or program provided by the
eligible entity, or an entity in partnership with the eligible
entity, with respect to the requirements for a promising
practice, supported practice, or well-supported practice
described in section 471(e)(4)(C).
``(3) Applications.--
``(A) In general.--An eligible entity may apply to
the Secretary for a grant under this subsection to
carry out a project that meets the following
requirements:
``(i) The project is designed in accordance
with paragraph (2).
``(ii) The project is to be carried out by
the applicant in partnership with--
``(I) a State agency that
administers, or supervises the
administration of, the State plan
approved under part E, or an agency
administering the plan under the
supervision of the State agency; and
``(II) if the applicant is unable or
unwilling to do so, at least 1 external
evaluator to carry out the evaluation
of the service or program provided by
the applicant.
``(B) Contents.--The application shall contain the
following:
``(i) A description of the project,
including--
``(I) a statement explaining why a
grant is necessary to carry out the
project; and
``(II) the amount of grant funds that
would be disbursed to each entity
described in subparagraph (A)(ii) in
partnership with the applicant.
``(ii) A certification from each entity
described in subparagraph (A)(ii) that provides
assurances that the individual or entity is in
partnership with the applicant and will fulfill
the responsibilities of the entity specified in
the description provided pursuant to clause (i)
of this subparagraph.
``(iii) A certification from the applicant
that provides assurances that the applicant
intends to comply with subparagraph
(A)(ii)(II), if applicable.
``(iv) At the option of the eligible entity,
a certification from the applicant that the
applicant requires an external evaluator
secured by the Secretary pursuant to paragraph
(5), if applicable.
``(4) Priorities.--In approving applications under this
subsection, the Secretary shall prioritize the following:
``(A) Addressing, with respect to the clearinghouse
of practices described in section 476(d)(2),
deficiencies or gaps identified by the Secretary in
consultation with--
``(i) States, political subdivisions of a
State, and tribal communities carrying out, or
receiving the benefits of, a service or
program; and
``(ii) child welfare experts, including
individuals with lived experience.
``(B) Maximizing the number of evidence-based
services or programs to be included in the
clearinghouse of practices described in section
476(d)(2).
``(C) Timely completion of evaluations and the
production of evidence.
``(D) Supporting services or programs that are based
on, or are adaptations to new population settings of, a
service or program with reliable evidence about the
benefits and risks of the service or program.
``(5) Availability of external evaluators.--
``(A) In general.--Before accepting applications
under this subsection, the Secretary shall make
reasonable efforts to identify at least 1 entity to
serve as an external evaluator for any eligible entity
that includes a certification under paragraph
(3)(B)(iv) with an application under this subsection.
``(B) No effect on consideration of application.--The
Secretary may not consider whether an eligible entity
is in partnership with an external evaluator described
in paragraph (A) in approving an application under this
subsection submitted by the eligible entity.
``(6) Reports.--
``(A) By grant recipients.--Within 1 year after
receiving a grant under this subsection, and every year
thereafter for the next 5 years, the grant recipient
shall submit to the Secretary a written report on--
``(i) the use of grant funds;
``(ii) whether the program or service
evaluated by the project meets a requirement
specified in section 471(e)(4)(C), including
information about--
``(I) how the program or service is
being carried out in accordance with
standards specified in the requirement;
``(II) any outcomes of the program or
service; and
``(III) any outcome with respect to
which the service or program compares
favorably to a comparison practice; and
``(iii) whether the Secretary has included
the program or service in an update to the
clearinghouse of practices described in section
476(d)(2).
``(B) By the secretary.--The Secretary shall submit
to the Committee on Ways and Means of the House of
Representatives and to the Committee on Finance of the
Senate an annual written report on--
``(i) the grants awarded under this
subsection;
``(ii) the programs funded by the grants;
``(iii) any technical assistance provided by
the Secretary in carrying out this subsection,
including with respect to the efforts to secure
external evaluators pursuant to paragraph (5);
and
``(iv) any efforts by the Secretary to
support program evaluation and review pursuant
to section 471(e) and inclusion of programs in
the pre-approved list of services and programs
described in section 471(e)(4)(D) or the
clearinghouse of practices described in section
476(d)(2).
``(7) Funding.--
``(A) Limitations.--Of the amounts available to carry
out this subsection, the Secretary may use not more
than 5 percent to provide technical assistance.
``(B) Carryover.--Amounts made available to carry out
this subsection shall remain available until expended.
``(8) Definitions.--In this subsection:
``(A) Eligible entity.--The term `eligible entity'
means any of the following providing a service or
program or, in the sole determination of the Secretary,
able to provide a service or program if awarded a grant
under this subsection:
``(i) A State, a political subdivision of a
State, or an agency or department of a State or
political subdivision of a State.
``(ii) An entity described in subparagraph
(A) or (B) of section 426(a)(1).
``(iii) An Indian tribe or tribal
organization.
``(B) External evaluator.--The term `external
evaluator' means an entity with the ability and
willingness to evaluate a service or program pursuant
to paragraph (2) that is not provided by the entity.
``(C) Service or program.--The term `service or
program'--
``(i) means a service or program described in
section 471(e); and
``(ii) includes a kinship navigator program
described in section 474(a)(7).''.
(b) Funding.--Section 437(b) (42 U.S.C. 629g(b)) is amended by adding
at the end the following:
``(5) Preventive services evaluation partnerships.--The
Secretary shall reserve $5,000,000 for grants under section
435(f) for each of fiscal years 2026 through 2029.''.
SEC. 9. STRENGTHENING SUPPORT FOR YOUTH AGING OUT OF FOSTER CARE.
(a) Caseworker Visits.--Section 422(b)(17) (42 U.S.C. 622(b)(17)) is
amended by inserting ``, and include a description of how the State may
offer virtual caseworker visits to youth in care who have attained the
age of 18 years and provided informed consent for virtual visits''
before the semicolon.
(b) Youth and Family Engagement in Child Welfare Program Planning.--
Section 432(b)(1) (42 U.S.C. 629b(b)(1)) is amended to read as follows:
``(1) In general.--The Secretary shall approve a plan that
meets the requirements of subsection (a) only if--
``(A) the plan was developed jointly by the Secretary
and the State, and the State, in developing the plan,
consulted with--
``(i) appropriate public and nonprofit
private agencies;
``(ii) community-based organizations involved
in providing services for children and families
in the areas of family preservation, family
support, family reunification, foster care,
kinship, and adoption promotion and support;
``(iii) parents with child welfare
experience, foster parents, adoptive parents,
and kinship caregivers; and
``(iv) children, youth, and young adults with
experience in the child welfare system,
including State boards and councils comprised
of youth with lived experience who represent
the diversity of children in the State to whom
the plan would apply; and
``(B) the State has made publicly accessible on a
website of the State agency a report that outlines how
the State has implemented the suggestions of the
children and youth referred to in subparagraph
(A)(iv).''.
SEC. 10. RECOGNIZING THE IMPORTANCE OF RELATIVE AND KINSHIP CAREGIVERS.
(a) In General.--Section 431(a) (42 U.S.C. 629a(a)), as amended by
section 6(b)(2) of this Act, is amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A)--
(i) by striking ``children'' and inserting
``children, youth,''; and
(ii) by striking ``adoptive and extended''
and inserting ``kinship and adoptive'';
(B) in subparagraph (D), by striking ``parents and
other caregivers (including foster parents)'' and
inserting ``parents, kinship caregivers, and foster
parents'';
(C) by striking ``and'' at the end of subparagraph
(E);
(D) by striking the period at the end of subparagraph
(F) and inserting `` ; and''; and
(E) by adding at the end the following:
``(G)(i) peer-to-peer mentoring and support programs
with demonstrated experience fostering constructive
relationships between children and families and mentors
with relevant lived experience or interactions with the
child welfare system; and
``(ii) for purposes of this subpart, an expenditure
for a service described in clause (i) may be treated as
an expenditure for any 1 or more of family support
services, family preservation services, family
reunification services, or adoption promotion and
support services, as long as the expenditure is related
to serving the children and families in the specified
category and consistent with the overall purpose of the
category.'';
(2) in paragraph (2)(B)--
(A) in clause (i), by striking ``children'' and
inserting ``children, youth,''; and
(B) in clause (ii), by striking ``extended'' and
inserting ``kinship'';
(3) in paragraph (7)(A), by inserting ``with kinship
caregivers or'' before ``in a foster family home''; and
(4) by adding at the end the following:
``(11) Youth.--The term `youth' means an individual who has
not attained 26 years of age.''.
(b) Kinship Navigators.--
(1) In general.--Section 427 (42 U.S.C. 627) is amended--
(A) in the section heading, by striking ``family
connection grants'' and inserting ``kinship
navigators'';
(B) in subsection (a)--
(i) in the matter preceding paragraph (1), by
striking ``helping'' and inserting
``administering programs to help'';
(ii) by striking ``of--'' and all that
follows through ``a kinship'' and inserting
``of a kinship'';
(iii) in paragraph (1)(C)--
(I) by striking ``and'' at the end of
clause (iii);
(II) by adding ``and'' at the end of
clause (iv); and
(III) by adding at the end the
following:
``(v) connections to individualized
assistance, as needed;'';
(iv) by striking paragraphs (2) through (4);
(v) by redesignating subparagraphs (A)
through (G) of paragraph (1) as paragraphs (1)
through (7), respectively;
(vi) by redesignating clauses (i) through
(iv) and clause (v) (as added by clause
(iii)(III) of this subparagraph) as
subparagraphs (A) through (E), respectively;
(vii) by moving each provision so
redesignated 2 ems to the left; and
(viii) by striking ``caregiving;'' and
inserting ``caregiving.'';
(C) in subsection (b)--
(i) in paragraph (1), by striking ``1 or more
of'';
(ii) by redesignating paragraphs (3) and (4)
as paragraphs (4) and (5), respectively, and
inserting after paragraph (2) the following:
``(3) a description of how the entity will directly fund, or
provide data to the Secretary for, an evaluation which will
publish and submit information to the clearinghouse described
in section 476(d)(2) and which is designed to meet the
requirements of section 471(e)(4)(C), or a description of how
the funds will be used to help the State transition to a
program for which the State will seek reimbursement under
section 474(a)(7);'';
(iii) in paragraph (4) (as so redesignated),
by striking ``and'' at the end;
(iv) in paragraph (5) (as so redesignated),
by striking the period and inserting ``; and'';
and
(v) by adding at the end the following:
``(6) if the entity is a State, local or tribal child welfare
agency--
``(A) documentation of support from a relevant
community-based organization with experience serving
kinship families when applicable; or
``(B) a description of how the organization plans to
coordinate its services and activities with those
offered by the relevant community-based
organizations.'';
(D) by striking subsection (d) and inserting the
following:
``(d) Federal Share.--An entity to which a grant is made under this
section may use the grant to pay not more than 75 percent of the cost
of the activities to be carried out by the entity pursuant to this
section.'';
(E) in subsection (g)--
(i) by striking all that precedes ``2
percent'' and inserting the following:
``(g) Reservation of Funds for Technical Assistance.--The Secretary
may reserve''; and
(ii) by striking ``subsection (h)'' the 2nd
place it appears and inserting ``section
437(b)(6)''; and
(F) by striking subsection (h).
(2) Reservation of discretionary funds.--Section 437(b) (42
U.S.C. 629g(b)), as amended by section 8(b) of this Act, is
amended by adding at the end the following:
``(6) Kinship navigators.--The Secretary shall reserve
$10,000,000 for grants under section 427 for each of fiscal
years 2026 through 2029.''.
(3) Conforming amendment.--Section 474(a)(7) (42 U.S.C.
674(a)(7)) is amended by striking ``427(a)(1)'' and inserting
``427(a)''.
SEC. 11. AVOIDING NEGLECT BY ADDRESSING POVERTY.
(a) Family Preservation Services.--Section 431(a)(1) (42 U.S.C.
629a(a)(1)), as amended by section 10(a)(1) of this Act, is amended--
(1) in subparagraph (F), by striking ``and'' after the
semicolon;
(2) in subparagraph (G), by striking the period and inserting
``; and''; and
(3) by adding at the end the following:
``(H)(i) services providing nonrecurring short term
benefits (including supports related to housing
instability, utilities, transportation, and food
assistance, among other basic needs) that address
immediate needs related to a specific crisis,
situation, or event affecting the ability of a child to
remain in a home established for the child that is not
intended to meet an ongoing need; and
``(ii) for purposes of this subpart, an expenditure
for a service described in clause (i) may be treated as
an expenditure for any 1 or more of family support
services, family preservation services, family
reunification services, or adoption promotion and
support services as long as the expenditure is related
to serving the children and families in the specified
category and consistent with the overall purpose of the
category.''.
(b) State Plan Requirements.--Section 432(a) (42 U.S.C. 629b(a)) is
amended--
(1) in paragraph (9), by striking ``and'' after the
semicolon;
(2) in paragraph (10), by striking the period and inserting
``; and''; and
(3) by adding at the end the following:
``(11) provides a description of policies in place, including
training for employees, to address child welfare reports and
investigations of neglect concerning the living arrangements or
subsistence needs of a child with the goal to prevent the
separation of a child from a parent of the child solely due to
poverty, to ensure access to services described in section
431(a)(1)(H).''.
SEC. 12. STRENGTHENING SUPPORT FOR CASEWORKERS.
(a) Reauthorization of, and Increase in Funding for, Caseworker
Visits.--Section 436(b)(4)(A) (42 U.S.C. 629f(b)(4)(A)) is amended by
striking ``each of fiscal years 2017 through 2023'' and inserting
``fiscal year 2025 and $26,000,000 for fiscal year 2026 and each
succeeding fiscal year''.
(b) Minimum Grant Amount.--Section 433(e) (42 U.S.C. 629c(e)) is
amended by striking paragraphs (1) and (2) and inserting the following:
``(1) Base allotment.--From the amount reserved pursuant to
section 436(b)(4)(A) for any fiscal year, the Secretary shall
first allot to each State (other than an Indian tribe) that has
provided to the Secretary such documentation as may be
necessary to verify that the jurisdiction has complied with
section 436(b)(4)(B)(ii) during the fiscal year, a base
allotment of $100,000, and shall then allot to each of those
States an amount determined in paragraph (2) or (3) of this
subsection, as applicable.
``(2) Territories.--From the amount reserved pursuant to
section 436(b)(4)(A) for any fiscal year that remains after
applying paragraph (1) of this subsection for the fiscal year,
the Secretary shall allot to each jurisdiction specified in
subsection (b) of this section to which a base allotment is
made under such paragraph (1) an amount determined in the same
manner as the allotment to each of such jurisdictions is
determined under section 423 (without regard to the initial
allotment of $70,000 to each State).
``(3) Other states.--From the amount reserved pursuant to
section 436(b)(4)(A) for any fiscal year that remains after
applying paragraphs (1) and (2) of this subsection for the
fiscal year, the Secretary shall allot to each State (other
than an Indian tribe) not specified in subsection (b) of this
section to which a base allotment was made under paragraph (1)
of this subsection an amount equal to such remaining amount
multiplied by the supplemental nutrition assistance program
benefits percentage of the State (as defined in subsection
(c)(2) of this section) for the fiscal year, except that in
applying subsection (c)(2)(A) of this section, `subsection
(e)(3)' shall be substituted for `such paragraph (1)'.''.
(c) Requirement to Use Funds to Improve Quality of Caseworker Visits
With Foster Children.--Section 436(b)(4)(B)(i) (42 U.S.C.
629f(b)(4)(B)(i)) is amended to read as follows:
``(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--
``(I) reducing caseload ratios and
the administrative burden on
caseworkers, to improve 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) implementing technology
solutions to streamline caseworker
duties and modernize systems, ensuring
improved efficiency and effectiveness
in child welfare services;
``(III) improving caseworker safety;
``(IV) mental health resources to
support caseworker well-being,
including peer-to-peer support
programs; and
``(V) recruitment campaigns aimed at
attracting qualified caseworker
candidates.''.
(d) Elimination of Cost-share Penalty Tied to Monthly Caseworker
Visit Standard.--Section 424(f) (42 U.S.C. 624(f)) is amended--
(1) by striking ``(1)(A)''; and
(2) by striking paragraphs (1)(B) and (2).
SEC. 13. DEMONSTRATION PROJECTS FOR IMPROVING RELATIONSHIPS BETWEEN
INCARCERATED PARENTS AND CHILDREN IN FOSTER CARE.
(a) In General.--Section 439 (42 U.S.C. 629i) is amended to read as
follows:
``SEC. 439. STATE PARTNERSHIP PLANNING AND DEMONSTRATION GRANTS TO
SUPPORT MEANINGFUL RELATIONSHIPS BETWEEN FOSTER
CHILDREN AND THE INCARCERATED PARENTS OF THE
CHILDREN.
``(a) Authority.--
``(1) In general.--The Secretary may make demonstration
grants to eligible State partnerships to develop, implement,
and provide support for programs that enable and sustain
meaningful relationships between covered foster children and
the incarcerated parents of the children.
``(2) Payment of annual installments.--The Secretary shall
pay each demonstration grant in 5 annual installments.
``(3) 1-year planning grants.--The Secretary may make a
planning grant to a recipient of a demonstration grant, to be
paid to the recipient 1 year before payment of the 1st annual
installment of the demonstration grant and in an amount not
greater than any installment of the demonstration grant, if--
``(A) the recipient includes a request for a planning
grant in the application under subsection (c); and
``(B) the Secretary determines that a planning grant
would assist the recipient and improve the
effectiveness of the demonstration grant.
``(b) Eligible State Partnership Defined.--
``(1) In general.--In this section, the term `eligible State
partnership' means an agreement entered into by, at a minimum,
the following:
``(A) The State child welfare agency responsible for
the administration of the State plans under this part.
``(B) The State agency responsible for adult
corrections.
``(2) Additional partners.--For purposes of this section, an
eligible State partnership may include any entity with
experience in serving incarcerated parents and their children.
``(3) Partnerships entered into by indian tribes or tribal
consortia.--Notwithstanding paragraph (1), if an Indian tribe
or tribal consortium enters into a partnership pursuant to this
section that does not consist solely of tribal child welfare
agencies (or a consortium of the agencies), the partnership
shall be considered an eligible State partnership for purposes
of this section.
``(c) Application Requirements.--An eligible State partnership
seeking a demonstration grant under this section to carry out a program
described in subsection (a)(1) shall submit an application to the
Secretary at such time, in such manner, and containing such information
as the Secretary may require. The application shall include the
following:
``(1) A summary of the program, including how the program
will support a meaningful relationship between a covered foster
child and an incarcerated parent of the child.
``(2) A description of the activities to be carried out by
the program, which must include all of the activities described
in subsection (d) that are in the best interest of the covered
foster child.
``(3) A framework for identifying--
``(A) each covered foster child eligible for services
under the program, including, to the extent
practicable, coordination of data between relevant
State child welfare agencies and court systems; and
``(B) the roles and responsibilities of the entities
in the partnership.
``(4) Documentation that the applicant is an eligible State
partnership.
``(5) Assurances that the applicant will participate fully in
the evaluation described in subsection (f)(2) and shall
maintain records for the program, including demographic
information disaggregated by relevant characteristics with
respect to covered foster children and incarcerated parents who
participate in the program.
``(d) Program Activities.--To the extent that the activities are in
the best interest of the covered foster child, the activities referred
to in subsection (c)(2) shall include the following:
``(1) Revision of policies.--Through consultation with
incarcerated parents and their families, grantees shall promote
organizational policies of participating child welfare entities
and collaborating correctional facilities to promote meaningful
relationships through regular and developmentally appropriate
communication and visitation between covered foster children
and the incarcerated parents, including, when appropriate, the
following:
``(A) For child welfare entities--
``(i) inclusion of parents in case planning
and decision making for children;
``(ii) regular sharing of information and
responses to requests for information between
caseworkers and incarcerated parents with
respect to the case information of a child, any
changes to a case, permanency plans,
requirements to maintain parental rights, and
any efforts to terminate parental rights;
``(iii) appropriate opportunities for
incarcerated parents to demonstrate their
relationship with a covered foster child given
their incarceration, including training and
courses required for a service plan; and
``(iv) the enhanced visitation described in
paragraph (2).
``(B) For correctional facilities, fostering
visitation and communication that is developmentally
appropriate in terms of--
``(i) the nature of communication and
visitation, including--
``(I) the ability to physically touch
parents;
``(II) engaging with parents in
locations that are appropriate for the
age and development of the child;
``(III) exchanging items that are
appropriate to the age and development
of the child, include expectations that
are appropriate for the age and
development of the child related to
behavior, attire, and wait times; and
``(IV) allowing appropriate adults to
bring children if legal guardians are
not available to promote regular
contact;
``(ii) reasonable inclusion of all children
of the parent;
``(iii) communication and visitation at times
when the children are available;
``(iv) security procedures to comfort
children and be minimally invasive; and
``(v) promoting parent-child relationships
regardless of the sentence imposed on the
parent.
``(2) Enhanced visitation.--
``(A) Grantees shall facilitate weekly communication
and, for at least 9 days each year, in-person
visitation between a covered foster child and any
incarcerated parent of the child.
``(B) Electronic visitation (such as live video
visits, phone calls, and recorded books) may be used
but shall not be the sole method to promote a
meaningful relationship for purposes of the grant.
``(C) Enhanced visitation programs shall--
``(i) integrate best practices for visitation
programs with incarcerated parents and their
children;
``(ii) adopt developmentally appropriate
visitation policies and procedures such as
those described in paragraph (1)(B);
``(iii) reduce or eliminate the cost of
developmentally appropriate communication and
visitation for the covered foster child, which
may include the purchase of communication
technology, covering transportation, insurance,
and lodging costs, costs related to providing
appropriate visitation spaces and activities,
and other relevant costs;
``(iv) to the extent practicable, integrate
appropriate parenting education to help prepare
and process visits; and
``(v) avoid restricting visitation and
communication as a punishment for the
incarcerated parents.
``(3) Training.--Grantees shall incorporate ongoing training
for child welfare workers, correctional facility staff, and
other program providers to understand the importance of
promoting meaningful relationships between children and
incarcerated parents.
``(4) Case management.--Grantees shall provide case
management services for the incarcerated parents of a covered
foster child to promote the relationship, access to services,
and coordination with the caseworkers of the covered foster
child to strengthen the relationship.
``(5) Legal assistance.--Grantees shall facilitate access to
necessary legal services and may use grant funds for services
that are not reimbursable under other Federal programs.
``(e) Federal Share.--The Federal share of the cost of any activity
carried out using a grant made under this section shall be not greater
than 75 percent.
``(f) Technical Assistance, Evaluations, and Reports.--
``(1) Technical assistance.--The Secretary shall provide
technical assistance with respect to grants under this section,
including by--
``(A) assisting grantees in understanding best
practices in promoting meaningful relationships between
incarcerated parents and their children as well as
consulting with appropriate stakeholders when
developing their programs;
``(B) assisting grantees with establishing and
analyzing implementation and performance indicators;
and
``(C) conducting an annual technical assistance and
training meeting and an annual grantee meeting so that
grantees can learn from the experiences of other
grantees.
``(2) Evaluations.--The Secretary shall conduct an evaluation
of program outcomes, including with respect to parent and child
well-being, parent-child interactions, parental involvement,
awareness of child development and parenting practices,
placement stability, and termination of parental rights with
respect to covered foster children and incarcerated parents, to
measure program effectiveness, as determined by the Secretary,
and identify opportunities for improved program practices and
implementation.
``(3) Reports to the congress.--
``(A) Initial report.--Not later than 3 years 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 that includes--
``(i) the number of applications for grants
under this section;
``(ii) the number of grants awarded, and the
amounts for each grant; and
``(iii) information on the grants,
including--
``(I) interim results of the
evaluation described in paragraph (2);
``(II) disaggregated data on covered
foster children and incarcerated
parents;
``(III) information on the
composition of eligible State
partnerships;
``(IV) best practices for
facilitating meaningful relationships
between covered foster children and
incarcerated parents; and
``(V) barriers to implementation or
expansion of programs funded under this
section.
``(B) Final report.--Not later than 6 years 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 that includes--
``(i) the final results of the evaluation
described in paragraph (2); and
``(ii) recommendations for refinements to
grant requirements to improve program outcomes.
``(g) Authority of Secretary With Respect to Indian Tribes and Tribal
Organizations.--
``(1) Waiver or modification of requirements.--In making a
grant to an Indian tribe or tribal organization under this
section, the Secretary may waive the matching requirement of
subsection (e) or modify an application requirement imposed by
or under subsection (c) if the Secretary determines that the
waiver or modification is appropriate to the needs, culture,
and circumstances of the Indian tribe or tribal organization.
``(2) Evaluation.--The Secretary shall use tribally relevant
data in carrying out the evaluation under subsection (f)(2)
with respect to an Indian tribe or tribal organization.
``(h) Limitations on Authorization of Appropriations.--There is
authorized to be appropriated to the Secretary not more than
$35,000,000 for each of fiscal years 2026 through 2029 to carry out
this section.
``(i) Definition of Covered Foster Child.--In this section, the term
`covered foster child' means a child that--
``(1) is in foster care; and
``(2) has at least 1 parent incarcerated in a Federal, State,
or local correctional facility.''.
(b) Conforming Amendments.--
(1) Section 431(a)(2)(B)(vii) (42 U.S.C. 629a(a)(2)(B)(vii))
is amended by striking ``(as defined in section 439(b)(2))''.
(2) Section 431(a) (42 U.S.C. 629a(a)), as amended by
sections 6(b)(2) and 10(a)(4) of this Act, is amended by adding
at the end the following:
``(12) Mentoring.--The term `mentoring' means a structured,
managed program in which children are appropriately matched
with screened and trained adult volunteers for one on-one
relationships, involving meetings and activities on a regular
basis, intended to meet, in part, the child's need for
involvement with a caring and supportive adult who provides a
positive role model.''.
SEC. 14. GUIDANCE TO STATES ON IMPROVING DATA COLLECTION AND REPORTING
FOR YOUTH IN RESIDENTIAL TREATMENT PROGRAMS.
Within 2 years after the date of the enactment of this Act, the
Secretary of Health and Human Services, in consultation with the
Department of Education, the Administration for Children and Families,
the Centers for Medicare and Medicaid Services, the Administration for
Community Living, the Department of Justice, and other relevant policy
experts, as determined by the Secretary, shall issue and disseminate,
or update and revise, as applicable, guidance to State agencies in
administering State plans approved under parts B and E of title IV of
the Social Security Act on the following:
(1) Best practices for Federal and State agencies to collect
data and share information related to the well-being of youth
residing in residential treatment facilities, including those
facilities operating in multiple States or serving out-of-state
youth.
(2) Best practices on improving State collection and sharing
of data related to incidences of maltreatment of youth residing
in residential treatment facilities, including with respect to
meeting the requirement of section 471(a)(9)(A) of such Act for
such youth in foster care.
(3) Best practices on improving oversight of youth
residential programs receiving Federal funding, and research-
based strategies for risk assessment related to the health,
safety, and well-being of youth in the facilities.
SEC. 15. STREAMLINING RESEARCH, TRAINING, AND TECHNICAL ASSISTANCE
FUNDING.
(a) Repurposing Discretionary Research Set-aside.--Section 435(c) (42
U.S.C. 629e(c)) is amended to read as follows:
``(c) Evaluation, Research, and Technical Assistance With Respect to
Targeted Program Resources.--Of the amount reserved under section
437(b)(1) for a fiscal year, the Secretary shall use not less than--
``(1) $1,000,000 for technical assistance to grantees under
section 437(f) and to support design of local site evaluations
with the goal of publishing and submitting evaluation findings
to the clearinghouse established under section 476(d), or to
award grants to allow current or former grantees under section
437(f) to analyze, publish, and submit to the clearinghouse
data collected during past grants; and
``(2) $1,000,000 for technical assistance required under
section 429B of this Act to support effective implementation of
the Indian Child Welfare Act of 1978 and to support development
of associated State plan measures described pursuant to section
422(b)(9) of this Act.''.
(b) Elimination of Research Set-aside From Mandatory Funds.--
(1) In general.--Section 436(b) (42 U.S.C. 629f(b)), as
amended by the preceding provisions of this Act, is amended by
striking paragraph (1) and redesignating paragraphs (2) through
(5) as paragraphs (1) through (4), respectively.
(2) Conforming amendments.--
(A) Section 433(a) (42 U.S.C. 629c(a)) is amended by
striking ``436(b)(3)'' and inserting ``436(b)(2)''.
(B) Section 433(e) (42 U.S.C. 629c(e)), as amended by
section 12(b) of this Act, is amended by striking
``436(b)(4)(A)'' and inserting ``436(b)(3)(A)'' each
place it appears.
(C) Section 434(a)(2)(A) (42 U.S.C. 629d(a)(2)(A)) is
amended by striking ``436(b)(4)(B)'' and inserting
``436(b)(3)(B)''.
(D) Section 437(b)(1) (42 U.S.C. 629g(b)(1)) is
amended by striking ``436(b)(1)'' and inserting
``435''.
(E) Section 437(f)(3) (42 U.S.C. 629g(f)(3)) is
amended by striking ``436(b)(5)'' and inserting
``436(b)(4)''.
(F) Section 438(c) (42 U.S.C. 629g(c)) is amended in
each of paragraphs (1) through (3) is amended by
striking ``436(b)(2)'' and inserting ``436(b)(1)''.
SEC. 16. REPORT ON POST ADOPTION AND SUBSIDIZED GUARDIANSHIP SERVICES.
(a) In General.--Within 2 years after the date of the enactment of
this Act, the Secretary of Health and Human Services shall prepare and
submit to the Committee on Ways and Means of the House of
Representatives and the Committee on Finance of the Senate a report on
children who enter into foster care under the supervision of a State
administering a plan approved under part B or E of title IV of the
Social Security Act after finalization of an adoption or legal
guardianship.
(b) Information.--The Secretary shall include in the report
information, to the extent available through the Adoption and Foster
Care Analysis and Reporting System and other data sources, regarding
the incidence of adoption disruption and dissolution affecting children
described in subsection (a) and factors associated with such
circumstances, including--
(1) whether affected individuals received pre- or post-legal
adoption services; and
(2) other relevant information, such as the age of the child
involved.
(c) Post-adoption Services and Guardianship.--The Secretary shall
include in the report--
(1) a summary of post-adoption services and guardianship in
each State that are available to families that adopted children
from foster care and the extent to which the services are
evidence-based or evidence-informed.
(2) a summary of funding and funding sources for the services
in each State, including set-asides under the Promoting Safe
and Stable Families program.
SEC. 17. EFFECTIVE DATE.
(a) In General.--The amendments made by this Act shall take effect on
October 1, 2025, and shall apply to payments under part B of title IV
of the Social Security Act for calendar quarters beginning on or after
such date.
(b) Delay Permitted if State Legislation Required.--If the Secretary
of Health and Human Services determines that State legislation (other
than legislation appropriating funds) is required in order for a State
plan developed pursuant to part B of title IV of the Social Security
Act to meet the additional requirements imposed by the amendments made
by this Act, the plan shall not be regarded as failing to meet any of
the additional requirements before the 1st day of the 1st calendar
quarter beginning after the first regular session of the State
legislature that begins after the date of the enactment of this Act.
For purposes of the preceding sentence, if the State has a 2-year
legislative session, each year of the session is deemed to be a
separate regular session of the State legislature.
(c) Application to Programs Operated by Indian Tribal
Organizations.--In the case of an Indian tribe, tribal organization, or
tribal consortium that 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 Act
(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.
I. SUMMARY AND BACKGROUND
A. Purpose and Summary
H.R. 9076, as amended, the ``Protecting America's Children
by Strengthening Families Act,'' as ordered and reported by the
Committee on Ways and Means on July 24, 2024, modifies and
reauthorizes funding for Title IV-B (``Title IV-B'') of the
Social Security Act. Title IV-B provides flexible funding to
states, tribes, and territories for a range of programs and
services to prevent child abuse and neglect, support community-
based prevention initiatives to keep families together, and
promote family reunification and permanency for children in
foster care. The bill reauthorizes Title IV-B for five years,
covering fiscal years (FY) 2025 through FY 2029, and makes a
number of reforms to modernize the program, streamline funding
for tribes, and strengthen the designated set-asides
established within Title IV-B, including the Court Improvement
Program, Regional Partnership Grants, Monthly Caseworker
Visits, and Kinship Navigator program (first authorized as part
of Family Connection Grants).
The bill also makes several changes to state plan
requirements, clarifies and provides additional flexibility
regarding allowable uses of funds and creates a new
demonstration grant to strengthen relationships between foster
children and incarcerated parents. This bipartisan bill was
introduced by Rep. Darin LaHood (R-IL) and Rep. Danny K. Davis
(D-IL) and incorporates policies from sixteen Member bills
including:
H.R. 476: Helping Hands for Families Act
introduced by Reps. Carol Miller (R-WV) and Judy Chu
(D-CA);
H.R. 8460: Court Improvement Program
Enhancement Act introduced by Reps. Blake Moore (R-UT),
Carol Miller (R-WV), Judy Chu (D-CA), Don Davis (D-NC);
H.R. 8621: Strengthening Tribal Families Act
of 2024 introduced by Reps. Don Bacon (R-NE), Judy Chu
(D-CA), Dan Kildee (D-MI), Tom Cole (R-OK) and Sharice
Davids (D-KS); and
H.R. 8643: Foster Youth Mental Health Act
introduced by Rep. Michelle Steel (R-CA);
H.R. 8743: Empowering Kinship Caregivers and
Youth Through Title IV-B Act introduced by Reps. Lloyd
Smucker (R-PA) and Don Davis (D-NC);
H.R. 8744: Reducing Administrative Burden
for Child Welfare Agencies Act introduced by Rep. Lloyd
Smucker (R-PA);
H.R. 8745: Child Welfare Workforce
Development Act introduced by Rep. Lloyd Smucker (R-
PA);
H.R. 8793: Foster Care Adoption Oversight
and Support Act introduced by Reps. Brad Wenstrup (R-
OH) and Lloyd Smucker (R-PA);
H.R. 8798: Promoting Community-Based
Prevention Services Act introduced by Reps. Mike Carey
(R-OH) and John Larson (D-CT);
H.R. 8799: Promoting Active Relationships to
Enable Nurturing Ties (PARENT) Act of 2024 introduced
by Reps. Danny K. Davis (D-IL) and Darin LaHood (R-IL);
H.R. 8810: Ensuring Legal Representation for
Child Welfare Act introduced by Reps. Claudia Tenney
(R-NY) and Mary Gay Scanlon (D-PA);
H.R. 8813: Preventing Child Welfare Entry
Caused by Poverty Act introduced by Chairman Jason
Smith (R-MO) and Rep. Gwen Moore (D-WI);
H.R. 8814: Strengthening Evidence-based
Prevention Services Act of 2024 introduced by Reps.
Randy Feenstra (R-IA) and Dan Kildee (D-MI);
H.R. 8815: Youth and Family Engagement in
Child Welfare Act introduced by Reps. Adrian Smith (R-
NE) and Gwen Moore (D-WI);
H.R. 8817: Promoting Accountability,
Reporting, Information Sharing and Health Act
introduced by Reps. Greg Steube (R-FL) and Jimmy
Panetta (D-CA);
H.R. 8921 Tribal Child Welfare Support Act
introduced by Reps. Kevin Hern (R-OK) and Judy Chu (D-
CA).
B. Background and Need for Legislation
Title IV-B is a key child welfare program that provides
federal resources for family preservation and to promote the
safety, permanence, and well-being of children in foster care.
The program also provides funding for the Court Improvement
Program to support child welfare legal proceedings, and
Regional Partnership Grants to address parental substance use
disorder as cause of child removal in order to help keep
families united. Title IV-B's last formal authorization expired
in FY 2021 and the program has remained largely unchanged since
2008. Reauthorization is needed to ensure continuity of funding
and to update the program to strengthen accountability and
ensure federal dollars are meeting the current needs of
children and families. With nearly 400,000 children in foster
care, more needs to be done to ensure that federal dollars are
intentionally focused on meeting the complex service needs of
vulnerable children and families in or at risk of entering the
child welfare system.
C. Legislative History
BACKGROUND
H.R. 9076 was introduced on July 22, 2024, and was referred
to the Committee on Ways and Means.
COMMITTEE HEARINGS
The Committee has held four child welfare hearings in the
118th Congress to inform the policy changes in H.R. 9076.
On September 28, 2023, the Committee on Ways and Means Work
and Welfare Subcommittee held a hearing titled, ``Modernizing
Child Welfare to Protect Vulnerable Children,'' which focused
on ways to modernize the Title IV-B program and challenges
facing the child welfare system, including lack of foster
homes, case worker shortages, court backlogs, and lack of
support for family members caring for children who might
otherwise be in foster care.
On January 17, 2024, the Committee on Ways and Means Work
and Welfare Subcommittee held a hearing titled, ``Pathways to
Independence: Supporting Youth Aging Out of Foster Care,''
which addressed opportunities to better support foster youth,
so they have the tools they need to succeed in adulthood.
On May 10, 2024, the Committee on Ways and Means held a
field hearing in Arizona titled, ``Empowering Native American
and Rural Communities,'' which addressed disparities for tribal
child welfare providers and the need to monitor state actions
that affect children protected by the Indian Child Welfare Act.
On June 26, 2024, the Committee on Ways and Means held a
hearing titled, ``Strengthening Child Welfare and Protecting
America's Children,'' which highlighted the need to reauthorize
the Title IV-B program, protect vulnerable youth, and modernize
the program.
COMMITTEE ACTION
The Committee on Ways and Means marked up H.R. 9076, the
``Protecting America's Children by Strengthening Families
Act,'' on July 24, 2024, 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:
(1) The Committee on Ways and Means Full Committee
hearing on ``Strengthening Child Welfare and Protecting
America's Children'' held on June 26, 2024.
II. EXPLANATION OF THE BILL
Section. 1. Short title; references
REASONS FOR CHANGE
The Committee believes the title accurately reflects the
content of the bill.
EXPLANATION OF PROVISIONS
This section provides the title for the bill ``Protecting
America's Children by Strengthening Families Act''.
Section 2. Table of contents
REASONS FOR CHANGE
The Committee believes this accurately reflects the content
of the bill.
EXPLANATION OF PROVISIONS
This section provides a table of contents.
Section 3. Reauthorization of child welfare programs
REASONS FOR CHANGE
The Committee is responsible for ensuring the Title IV-B
program is authorized and that federal funding is achieving its
purpose and responsive to the needs of families and children
involved in the child welfare system as well as community-based
partners working to prevent child abuse and neglect.
EXPLANATION OF PROVISIONS
This section extends the authorization for the Stephanie
Tubbs Jones Child Welfare Services (CWS) program (Title IV-B,
Subpart 1 of the Social Security Act (SSA)) from fiscal year FY
2025-FY 2029 at the current level. Extends the authorization
for the MaryLee Allen Promoting Safe and Stable Families (PSSF)
program (Title IV-B, Subpart 2 of the SSA) at the current level
of discretionary funding from FY 2025-FY 2029 and at $345
million for FY 2025 and $420 million for each of FY 2026-FY
2029.
Adds a cap of $10 million to the reservation of funds for
Grants to States for Enhancing Collaboration between State
Child Welfare and Juvenile Justice Systems. Current law
requires that in any year when CWS funds receive an
appropriation that exceeds $270 million, the Department of
Health and Human Services (HHS) must reserve a portion of the
``excess'' funds to make competitive grants for this purpose
but does not currently stipulate any limit on the amount funds
HHS may reserve.
Section 4. Enhancements to the court improvement program
REASONS FOR CHANGE
The Court Improvement Program (CIP) is essential to
ensuring that courts can best serve children and families in
the child welfare system. Courts' ability to conduct and
expedite child welfare and permanency hearings significantly
impacts families' involvement with the system and the time
children spend in care. This bill increases funding to promote
greater innovation and codifies modernization policies to
provide courts with greater flexibility in conducting remote
hearings when appropriate and in the best interests of the
child and family.
EXPLANATION OF PROVISIONS
Increases the set-aside funding for CIP from $30 million to
$40 million beginning with FY 2026. Extends the state court
match requirement of 25% from FY 2025-FY 2029. CIP is a
mandatory formula grant available to the highest court of
appeal in every state, the District of Columbia, Puerto Rico
and the U.S. Virgin Islands. The purpose of the CIP is to: (1)
promote the continuous quality improvement of court processes
and legal representation in child welfare proceedings through
ongoing data analysis, assessment, interventions and training;
and (2) enhance and expand collaboration between the judicial
branch of state government, the title IV-B agency and tribes to
improve child welfare outcomes.
Modernizes and improves the CIP by allowing funds to be
used for technology to conduct remote hearings and ensure the
continuity of court services during public health crises,
natural disasters, or cyberattacks, with informed participant
consent. Requires HHS to issue implementation guidance to state
courts and tribes by October 1, 2025, and every five years
thereafter, on best practices related to the use of remote
technology, and to consult with Indian tribes on state court
proceedings involving Indian children to support compliance
with the Indian Child Welfare Act (ICWA) of 1978.
Section 5. Expanding Regional Partnership Grants (RPGs) to address
parental substance abuse disorder as cause of child removal
REASONS FOR CHANGE
In FY 2022, 33% of children were removed from their homes
and entered the child welfare system due to parental substance
abuse.\1\ This section seeks to increase coordinated support
for addressing parental substance use disorders (SUD) directly,
by investing in cost and outcome-effective interventions
through RPGs, and indirectly, by growing the number of
evidence-based interventions related to SUD which are available
for federal matching funds. RPG projects support interagency
collaborations and integration of programs, services, and
activities designed to increase the well-being, improve the
permanency, and enhance the safety of children who are in, or
at risk of, out-of-home placements as the result of a parent or
caregiver's substance use disorder. The partnerships implement
a range of activities and interventions, including peer
recovery coaching, family-centered and prevention-focused
services, parenting and family strengthening programs,
specialized services to fathers, and pregnant and postpartum
women, medication assisted treatment, in-home parenting and
child safety support for families, and related evidence-based
practices.
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\1\Children's Bureau. (2024, March 13). AFCARS Report #30. U.S.
Department of Health and Human Services.
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Since RPG began in 2007, 127 projects across 40 states have
been funded and grantees have served more than 37,000 children;
27,000 adults; and 22,000 families. A cross-site evaluation
found that, upon exiting the program, parental opioid use
decreased from 16% to 4%, and 86% of participants sustained
program strategies.\2\ Increased funding and modernization of
RPG's is needed to serve families, better support inclusion of
programs in the Family First Prevention Services Clearinghouse,
and align grant requirements with best practices identified in
prior evaluations.
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\2\U.S. Department of Health & Human Services. (2018). Emerging
findings from the 2012-2017 National Cross-Site Evaluation of the
Regional Partnership Grant (RPG) Program.
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EXPLANATION OF PROVISIONS
Requires HHS to make grants under the RPG program in each
of FY 2025-FY 2029 and increases the funding set-aside from $20
million to $30 million beginning in FY 2026. Extends the five
percent limitation on use of funds for administrative purposes
(FY 2025-FY 2029).
Modernizes and improves the RPG program by: requiring HHS
to consider whether RPG's applying for funds demonstrate
capacity to conduct rigorous evaluation of program
effectiveness and whether partnerships outline a plan to
increase the availability of services statewide; requiring HHS
to report whether RPG programs are submitted for rating to the
Family First Prevention Services Clearinghouse; adding child
permanency and family reunification as performance indicators;
requiring consultation with relevant HHS agencies, including
the National Institute on Drug Abuse on development of core
indicators; requiring juvenile or state family courts to be a
part of partnerships; and adding a performance indicator
related to families with children overrepresented in foster
care, difficult to place, or with disproportionately low
permanency rates.
Permits HHS to waive, on a case-by-case basis, the planning
phase requirement if a grantee demonstrates they have completed
sufficient planning before submitting their application and
removes the $250,000 cap on planning phase grants.
Section 6. Modernization; reducing administrative burden
REASONS FOR CHANGE
This section includes several updates to modernize the
Title IV-B program, clarify allowable uses of funds, and
improve coordination and alignment with the 2018 Family First
Prevention Services Act (P.L. 115-123), which provided federal
matching funds for evidence-based prevention services to
families at-risk of involvement in the child welfare system.
These updates aim to better address the needs of vulnerable
children and families and to prevent or limit child welfare
involvement whenever possible.
EXPLANATION OF PROVISIONS
Modernizes and improves the Title IV-B program by:
allowing funding to be used for an
electronic or digital portal that facilitates access to
community support that meet specific needs of children
and families. Provides a limitation that portals shall
not maintain or share personal information for any
purpose other than referrals.
amending the definition of family support
services to include family resource centers that act as
community or school-based hubs and support families
using a multigenerational, strengths-based and family-
centered approach. Provides that expenditures for
family resource centers may be considered as an
expenditure in any one or more of the four categorical
services areas listed in Subpart 2 as long as the
expenditure is related to serving children and families
in the specified category and consistent with the
overall purpose of the category. Services meeting this
definition do not need to be provided exclusively by a
program with the name ``family resource center'' and
may apply to community-based family strengthening
services such as state children's trust funds and
nonprofits that assist families in building protective
factors linked to the prevention of child abuse and
neglect.
updating state plan requirements to:
include a description of steps
the state will take to ensure children,
parents, guardians, or other custodians have
access to information about available
independent legal representation, to help
ensure that all parties have representation.
include mental health service
providers and professionals when developing
plans for coordination of health care services
for all children in foster care including
infants, toddlers, young children, and teens
and requiring informed consent of youth in
protocols for use of psychotropic medication.
eliminating the requirement that
the state agency administering child welfare
services be the same state agency that
administers the Social Services Block Grant.
Reduces administrative burden on recipients of Title IV-B
Subpart 1 and 2 funding by requiring HHS, in consultation with
states, tribes and tribal organizations, and territories, to
review and revise administrative requirements related to
paperwork and data collection forms to reduce hours spent on
compliance by at least 15 percent. As part of the tribal
review, the Committee expects HHS to consider and fully
administer tribal IV-B funding as an eligible integrated
service, as may be applicable per Section 477 of Indian
Employment, Training, and Related Services Demonstration Act of
1992 (P.L. 102-477), as amended by the Indian Employment,
Training and Related Services Consolidation Act of 2017 (P.L.
115-93).
Requires HHS to implement changes within two years and
submit a Report to Congress on how the agency complied with the
requirements within three years of enactment. Provides a
limitation that the section shall not affect state plan
requirements used for oversight and to monitor proper
expenditure of funds.
Improves transparency by requiring HHS to create a
standardized format for state plans, including aggregated
information with national summaries of state submissions and
comparisons of trends, and make the plans available on a public
website.
Adds primary prevention partners, including community-based
organizations with experience in preventing unnecessary child
welfare system involvement, to the parties HHS must consult
with when evaluating the effectiveness of programs under Title
IV B.
Section 7. Streamlining funding for Indian tribes
REASONS FOR CHANGE
Child welfare funding for tribes is outdated and
fragmented, leading to a limited number of tribes having access
to Title IV-B. This bill aims to modernize funding for tribes
under Subpart 1, originally established in 1935, and also under
Subpart 2. It provides greater administrative flexibility,
allowing tribes with smaller populations and allocations to
make meaningful investments in Indian children and families to
prevent their entry into the child welfare system.
The Ways and Means Full Committee Field Hearing on May 10,
2024, titled ``Empowering Native American and Rural
Communities'' highlighted the need to streamline Title IV-B
funding for tribes and monitor state policies and procedures to
protect child and tribal rights as described in the Indian
Child Welfare Act of 1978 (ICWA). The Committee heard directly
from representatives of tribal communities about the importance
and impact of making these changes.
EXPLANATION OF PROVISIONS
Streamlines and increases funding for Indian tribes and
tribal organizations by providing a required 3% set-aside under
Subpart 1 (to match the set-aside in Subpart 2) and requires
HHS to make payments directly to Indian tribes which operate
child welfare programs. Current law gives HHS discretion to
determine the amount of Subpart 1 funding that goes to tribes
and provides funding through deductions from the state's
allocation. Currently, that amount is approximately 2.7% of
Subpart 1 funds.
Updates existing plan requirement for states to describe
their policies and procedures that meet ICWA requirements by
expanding to include how they will ensure Indian tribes and
tribal organizations receive pertinent information for custody
proceedings involving Indian children, including timely notice
and transfers of jurisdiction.
Requires HHS to develop a plan not later than October 1,
2025, in consultation with tribal organizations and states, to
provide technical assistance to support effective
implementation of ICWA. Requires the plan to address areas for
state improvement including timely identification of Indian
children and extended family members, timely notice of state
custody proceedings involving Indian children, reports of cases
in which a transfer of jurisdiction was not granted and reasons
for denial, and efforts to prevent the breakup of Indian
families. Requires Department of Interior to provide guidance
to HHS and assistance as needed to help state and public child
welfare agencies comply with ICWA. Requires HHS to submit a
biennial Report to Congress on state compliance with ICWA and
how the HHS Secretary is assisting states and Indian tribes in
improving the implementation of standards in order to support
Congressional oversight.
The language under Section 429B of the bill regarding a
biennial report to Congress on state implementation of the
Indian Child Welfare Act of 1978 reflects the Committee's
understanding of 42 U.S.C. 422(b)(9) as requiring a state, in
consultation with tribal organizations in the state, to provide
a description of measures taken to comply with ICWA as part of
the state's plan and not a specific measure of state ICWA
compliance. The Committee also recognizes the data collected
under Section 429B for the purposes of informing this report is
not a specific measure of ICWA compliance, but does provide
useful information on how states are implementing key
requirements of ICWA.
Provides HHS authority to modify reporting requirements for
Indian tribes and organizations receiving not more than $50,000
to reduce administrative burden on tribes. The modifications
must be made in consultation with affected Indian tribes and
tribal organizations in a way that limits administrative
burden.
Provides new flexibilities for Indian tribes administering
child welfare programs including: permitting Indian tribes to
substitute a different administrative cost rate as negotiated
and used by tribe for other federal grants; specifying that
Indian tribes administering child welfare programs meet the
$10,000 threshold under Subpart 2 based on consideration of
both mandatory and discretionary funding provided under Subpart
2, and that the 3% in funding reserved for tribes under Subpart
2 must be reserved before other set-asides of that funding.
Increases funding for the CIP program for tribes from $1
million to $2 million beginning in FY 2026. These grants are
awarded competitively.
Section 8. Accelerating access to Family First Prevention Services
REASONS FOR CHANGE
The Family First Prevention Services Clearinghouse assesses
research evaluations of programs designed to prevent children
from entering the child welfare system. Established in 2018 by
the Family First Prevention Services Act (P.L. 115-123), the
Clearinghouse provides ratings mental health support, substance
abuse prevention and treatment, in-home parent skill-based
programs, and kinship navigator programs. Only programs in the
Clearinghouse are eligible for federal prevention services
matching funds. As of July 2024, 85 programs have been approved
by the Clearinghouse, with many organizations citing challenges
in developing and conducting the rigorous research needed for
approval.\3\ This bill intends to improve the number and
selection of prevention services offered under Family First by
providing competitive grants for researching programs to meet
Clearinghouse standards.
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\3\Administration for Children and Families (ACF), U.S. Department
of Health and Human Services (HHS). (2024). Title IV-E Prevention
Services Clearinghouse.
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EXPLANATION OF PROVISIONS
Reserves $5 million in discretionary funding for
competitive grants for each of FY 2025-FY 2029 to eligible
entities to support the timely evaluation of prevention
services and programs to fill gaps in the interventions
currently available to states in the Clearinghouse. Projects
must be carried out by at least one partner entity that is able
to provide the service or program and one that is able to
evaluate that work. Each project evaluation must be designed to
determine if the service or program meets the promising,
supported, or well-supported practice and evidence standards
included in the Clearinghouse. The evaluation must be rigorous
but does not need to be a randomized controlled trial. Requires
HHS to provide a Report to Congress on the grants awarded,
programs funded by the grants, technical assistance provided
with respect to the efforts to secure evaluators, and support
for program evaluation.
Section 9. Strengthening support for youth aging out of foster care
REASONS FOR CHANGE
The child welfare system has historically operated by
making decisions for, rather than with, those in the system.
Significant improvements have been made in recent years,
largely due to youth and parent advisory boards that offer
firsthand insights to policymakers and state administrators on
enhancing the system. This bill aims to elevate the role of
those with lived experience by formally incorporating their
input into Title IV-B state plans. By supporting collaborative
development and public transparency, the bill ensures that the
voices of those affected are central to shaping policies.
States should work collaboratively with current and former
foster youth and parents, family members, parents, and others
with lived experience and incorporate meaningful feedback,
guidance, and recommendations to improve outcomes for those
impacted by the child welfare system.
EXPLANATION OF PROVISIONS
Updates the Monthly Caseworker Visit (MCV) program to allow
states to offer virtual caseworker visits for foster youth who
have attained age 18 and provided informed consent for virtual
visits. States should use virtual visits as a tool, the
provision is not meant to replace in-person visits entirely,
and should continue to prioritize high quality in-person
interactions with youth in extended foster care. This policy is
not meant to affect or change the current HHS guidance (ACYF-
CB-PI-10-01) and flexibility currently available.
This section also modernizes state plans to ensure states
engage key stakeholders, including appropriate community
organizations and public agencies, which the Committee intends
to fully include Indian tribes and tribal organizations.
Importantly, the section also requires plans to be developed in
consultation with parents, adoptive parents, kinship
caregivers, and children, youth, and young adults with lived
experience in the child welfare system and requires the state
to make publicly accessible on a website a report that outlines
how the state has implemented the feedback of parents,
children, and youth with lived experience.
Under this section the Secretary of HHS is required to
assess whether a state has made efforts to engage key
stakeholders in the development of their Title IV-B plan. The
list of stakeholders includes appropriate public agencies and
community-based organizations, which we clarify includes Indian
tribes and tribal organizations within their state.
Section 10. Recognizing the importance of relative and kinship
caregivers
REASONS FOR CHANGE
Kinship caregivers play a crucial role in supporting
vulnerable children and families, helping to prevent the need
for child welfare intervention, providing short-term care, and
providing a vital permanency option for children who cannot
safely return home. In 2022, 2.5 million grandparents and
relatives provided kinship care for children who would
otherwise have entered foster care\4\ Family members are also a
key source of permanency for children who cannot return home.
In 2022, at least a fifth of children who exited foster care
did so to live with kin via guardianship, adoption, or another
arrangement.\5\ This section acknowledges the importance of
kinship caregivers and the vital role they fulfill in
children's lives.
---------------------------------------------------------------------------
\4\Annie E. Casey Foundation. (2022). Kinship care.
\5\https://www.acf.hhs.gov/sites/default/files/documents/cb/afcars-
report-30.pdf#page=4, https://www.acf.hhs.gov/sites/default/files/
documents/cb/afcars-report-30.pdf#page=6.
---------------------------------------------------------------------------
Because the number of Kinship Navigator programs in the
Family First Prevention Services Clearinghouse is limited,
Congress has in the past provided appropriations at varying
levels to support Kinship Navigator programs not being funded
under IV-E. The bill provides more stable funding for states to
fund Kinship Navigator programs and continue providing vital
services while either completing evaluations that will qualify
them for the Clearinghouse and federal matching funds, or
transitioning programs to a different model which is eligible
for federal matching funds. Given the critical role they play,
there is a need to expand support for kinship caregivers. The
Committee's intent is to grow the number of Kinship Navigator
programs with a demonstrated evidence-base that are included in
the Clearinghouse. In addition to Kinship Navigator programs,
the Committee also recognizes that respite care and peer
mentoring can be important tools to support kin.
EXPLANATION OF PROVISIONS
Amends the definition of family preservation services under
Subpart 2 to include references to serving youth and kinship
families; names kinship caregivers as among the caregivers (in
addition to parents and foster parents) to whom respite care
may be made available as a temporary relief; and includes peer-
to-peer mentoring and support programs designed to help
children and families learn from others who have direct
experience or interaction with the child welfare system.
Clarifies that expenditures for constructive peer-to-peer
mentoring by individuals with relevant lived experience may be
considered as an expenditure in any one or more of the four
categorical services areas listed in Subpart 2 as long as the
expenditure is related to serving children and families in the
specified category and consistent with the overall purpose of
the category. Effective peer mentoring models take a
collaborative, uplifting approach, utilize both parents and
youth with lived experience, facilitate collaboration among
caregivers, and can be particularly effective in family support
and reunification.
Amends the definition of family support services to clarify
that kinship families are among those for whom family support
services may be offered to increase stability. Provides that
family reunification services may be provided to enable a child
to return home when a child is placed with a kinship caregiver.
Adds a definition for the term ``youth'' defined as any
individual who has not yet attained 26 years of age.
Reserves $10 million from any discretionary funding
appropriated under Subpart 2 for competitive grants for each of
FY 2025-FY 2029 to provide services and support the transition
to evidence-based kinship navigator programs to assist kin
caregivers in learning about, finding, and using programs and
services to meet the needs of the children they are raising and
their own needs, and to promote effective partnerships among
public and private agencies. Grantees may be state, local, or
tribal child welfare agencies, relevant service providers, or
institutions of higher education. Grantees would be required to
provide non-federal matching support for their program totaling
at least 25% of the grant program costs. Permits HHS to reserve
up to 2% of funds to provide technical assistance.
Section 11. Avoiding neglect by addressing poverty
REASONS FOR CHANGE
In 2023, 62% of child welfare removal cases were associated
with neglect. While poverty is a risk factor for neglect, it
should not be confused with neglect itself.\6\ Child welfare
agencies should prioritize keeping children in their homes
whenever it is safe and feasible, using available resources to
address immediate material needs that can prevent child welfare
involvement. While maintaining state flexibility, the Committee
aims to clarify that a family experiencing material hardship
should not be the sole grounds for considering a child
neglected or for their removal.
---------------------------------------------------------------------------
\6\Children's Bureau. (2024, March 13). AFCARS Report #30. U.S.
Department of Health and Human Services.
---------------------------------------------------------------------------
EXPLANATION OF PROVISIONS
Amends the definition of family preservation services to
include services providing nonrecurring, short-term benefits
that address a specific crisis, situation, or event affecting
the ability of a child to remain in a home established for the
child and which are not intended to meet an ongoing need.
Provides that expenditures for this purpose may be considered
as an expenditure in any one or more of the four categorical
services areas listed in Subpart 2 as long as the expenditure
is related to serving children and families in the specified
category and consistent with the overall purpose of the
category. HHS should consult with states and tribes on what
kinds of benefits and resources might be considered under this
category.
Modifies the state plan to require a description of the
policies in place to address child welfare reports and
investigations related to a child's living arrangements or
basic needs to prevent the separation of a child and parent
solely on the basis of poverty and how the state makes
available short-term benefits to address a crisis or situation
that is affecting the ability of the child to remain in their
home.
Section 12. Strengthening support for caseworkers
REASONS FOR CHANGE
Child welfare caseworkers have challenging and sometimes
even dangerous jobs, and state and tribal agencies face
significant challenges to recruit, retain, and support a
workforce equipped to support children and families
effectively. This section aims to alleviate some of the burden
for caseworkers by removing a financial penalty for failing to
make monthly caseworker visits that has proven ineffective, and
instead investing in targeted resources and tools that support
workers, improve worker retention, and improve the quality of
caseworker/family interactions.
EXPLANATION OF PROVISIONS
Extends the reservation of funding for the Monthly
Caseworker Visit (MCV) program from FY 2025-FY 2029 and
provides $26 million per year beginning in FY 2026. Establishes
a $100,000 base grant award and removes the state match
financial penalty while maintaining the requirement that
caseworkers visit with children once a month. Specifies that
funds should be used to bolster the child welfare workforce,
including:
reducing caseloads ratios and alleviating
administrative burdens on caseworkers;
increasing retention, recruitment, and
training of caseworkers;
streamlining caseworker duties and
modernizing systems;
enhancing caseworker safety;
supporting the well-being of caseworkers,
including peer support programs; and
attracting a qualified workforce.
Section 13. Demonstration projects for improving relationships between
incarcerated parents and children in foster care
REASONS FOR CHANGE
Children in foster care with incarcerated parents often
face especially disrupted relationships and a lack of
meaningful family connections. Research shows contact with
parents can serve as a protective factor to help mitigate
negative outcomes for both foster youth and incarcerated
parents.\7\ For example, maintaining contact between foster
children and their birth parents resulted in lower levels of
child depression and fewer externalizing behaviors.\8\
Similarly, an evaluation of the Parenting Inside Out child
visitation program improved parenting skills and knowledge as
well as reduced children's anxiety, depression, and
externalizing behaviors.\9\ This section is intended to
increase communication and visitation between foster children
and incarcerated parents, and also grow our knowledge of the
most effective ways to support and strengthen foster children's
relationships with their incarcerated parents.
---------------------------------------------------------------------------
\7\https://files.eric.ed.gov/fulltext/ED507722.pdf.
\8\https://www.ncbi.nlm.nih.gov/pmc/articles/PMC2928481/.
\9\https://srcd.onlinelibrary.wiley.com/doi/epdf/10.1111/
mono.12022.
---------------------------------------------------------------------------
EXPLANATION OF PROVISIONS
Authorizes $35 million in discretionary funding for
competitive grants for each of FY 2025-FY 2029 to support
programs that facilitate and sustain meaningful relationships
between covered foster children and their incarcerated parents.
The program's objectives are to provide enhanced visitation
opportunities, ensuring children receive at least nine in-
person visits each year, ensure that parents can communicate
with and get information about their children, and provide case
management to parents to promote access to services, and legal
assistance. Requires HHS to conduct an evaluation of program
outcomes and provide a Report to Congress describing grants
awarded and best practices for facilitating meaningful
relationships between covered foster children and incarcerated
parents. Grantees would be required to provide non-federal
matching support for their program totaling at least 25% of
program costs.
Section 14. Guidance to states on improving data collection and
reporting for youth in residential treatment programs
REASONS FOR CHANGE
10% of children in the foster care system reside in a form
of residential or congregate care during their time in
care.\10\ Recent reports and data, including the Senate Finance
Committee report titled ``Many States Lack Information to
Monitor Maltreatment in Residential Facilities for Children in
Foster Care,'' and a recent HHS Inspector General report\11\
also found serious gaps in oversight of residential facilities
that house foster children. Youth and advocates also testified
to the Committee about their problematic placements.\12\ There
is a need for cross-cutting solutions, since federal dollars
support youth placements in residential facilities across a
range of programs, and in some cases, the same facilities house
foster children and children funded by Medicaid, the juvenile
justice system, and independent living programs for children
with disabilities.
---------------------------------------------------------------------------
\10\Children's Bureau. (2024, March 13). AFCARS Report #30. U.S.
Department of Health and Human Services.
\11\https://oig.hhs.gov/reports-and-publications/all-reports-and-
publications/many-states-lack-
information-to-monitor-maltreatment-in-residential-facilities-for-
children-in-foster-care/.
\12\Foster youth hearing.
---------------------------------------------------------------------------
EXPLANATION OF PROVISIONS
Directs HHS, in consultation with the Department of
Education, Administration for Children and Families, the Center
for Medicare and Medicaid Services, Administration for
Community Living, and the Department of Justice, to develop
guidance on best practices for collecting data and sharing
information related to placements of foster youth in
residential treatment facilities, improving data on
maltreatment of youth in these facilities, and enhancing
oversight health, safety, and well-being in youth residential
programs, including those operating in more than one state. It
is our expectation that HHS will consult collaboratively with
states and tribes to inform data collection and analysis. The
guidance is to be issued within two years of enactment.
Section 15. Streamlining research, training, and technical assistance
funding
REASONS FOR CHANGE
Expanding services available in the Family First Prevention
Services Clearinghouse, supporting the child welfare workforce,
and effective protection of Indian children in the child
welfare system are pressing issues for which child advocates,
tribes, and state and tribal child welfare agencies have
requested additional support. This section prioritizes limited
research funds to address areas of highest need, while ensuring
that resources are allocated where they can have the most
significant impact.
EXPLANATION OF PROVISIONS
Re-purposes an existing discretionary research set-aside to
support Monthly Caseworker Visits and eliminates the general $6
million research set-aside for HHS from mandatory funding.
Reserves from discretionary funding $1 million for technical
assistance for RPGs to support evaluations of programs for
inclusion in the Family First Prevention Services
Clearinghouse, and $1 million for HHS technical assistance to
support effective implementation of ICWA.
Section 16. Report on post-adoption and subsidized guardianship
services
REASONS FOR CHANGE
A 2022 report from HHS found that 30% of children adopted
from the foster care system experienced some form of formal
instability or a termination of parental rights.\13\ This
significant percentage indicates that many adoptions from the
foster care system result in failed adoptions. This section
seeks to collect more data on these adoptions and assess the
effectiveness of post-adoption services and resources provided
to families. The goal is to identify gaps in services, inform
strategic investments, and improve outcomes for adopted
children and their families, including adoptions by kin.
---------------------------------------------------------------------------
\13\National Survey of Child and Adolescent Well-Being (NSCAW)
Adoption Follow-Up Study: Findings Report. (2022). OPRE Report #2022-
306.
---------------------------------------------------------------------------
EXPLANATION OF PROVISIONS
Requires HHS to prepare a report on children who enter
foster care after previously being adopted. The report should
utilize data from the Adoption and Foster Care Analysis and
Reporting System and other sources to evaluate whether
individuals received pre- or post-adoption services, the age of
the child who entered foster care after an adoption, and
availability of evidence-based post-adoption and guardianship
services in each state.
Section 17. Effective date
REASONS FOR CHANGE
The Committee believes this implementation date is feasible
based on guidance from HHS.
EXPLANATION OF PROVISIONS
Establishes that amendments made by this bill shall take
effect on October 1, 2025. Delays for compliance with new
requirements are permitted if state legislation is required.
HHS may provide additional flexibility to Indian tribes and
tribal organizations.
EFFECTIVE DATE
The bill would become effective on October 1, 2025.
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. 9076 ``Protecting America's Children by
Strengthening Families Act,'' on July 24, 2024.
H.R. 9076 was ordered favorably reported to the House of
Representatives as amended by a roll call vote of 38 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.......... ...... ...... .........
Mr. Smith (NE)..................... X ...... ......... Mr. Thompson......... X ...... .........
Mr. Kelly.......................... X ...... ......... Mr. Larson........... ...... ...... .........
Mr. Schweikert..................... X ...... ......... Mr. Blumenauer....... X ...... .........
Mr. LaHood......................... X ...... ......... Mr. Pascrell......... ...... ...... .........
Dr. Wenstrup....................... X ...... ......... Mr. Davis............ X ...... .........
Mr. Arrington...................... X ...... ......... Ms. Sanchez.......... X ...... .........
Dr. Ferguson....................... X ...... ......... Ms. Sewell........... X ...... .........
Mr. Estes.......................... X ...... ......... Ms. DelBene.......... X ...... .........
Mr. Smucker........................ X ...... ......... Ms. Chu.............. X ...... .........
Mr. Hern........................... X ...... ......... Ms. Moore............ X ...... .........
Ms. Miller......................... X ...... ......... Mr. Kildee........... X ...... .........
Dr. Murphy......................... X ...... ......... Mr. Beyer............ X ...... .........
Mr. Kustoff........................ X ...... ......... Mr. Evans............ ...... ...... .........
Mr. Fitzpatrick.................... X ...... ......... Mr. Schneider........ X ...... .........
Mr. Steube......................... X ...... ......... Mr. Panetta.......... X ...... .........
Ms. Tenney......................... X ...... ......... Mr. Gomez............ X ...... .........
Mrs. Fischbach..................... X ...... .........
Mr. Moore.......................... X ...... .........
Mrs. Steel......................... X ...... .........
Ms. Van Duyne...................... ...... ...... .........
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. 9076, 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.
C. Cost Estimate Prepared by the Congressional Budget Office
With respect to the requirements of clause 3(c)(2) of rule
XIII of the Rules of the House of Representatives and section
308(a) of the Congressional Budget Act of 1974 and with respect
to requirements of clause (3)(c)(3) of rule XIII of the Rules
of the House of Representatives and section 402 of the
Congressional Budget Act of 1974, the Committee has requested
but not received a cost estimate for this bill from the
Director of Congressional Budget Office. The Chairman of the
Committee shall cause such estimate and statement to be printed
in the Congressional Record upon its receipt by the Committee.
V. 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).
VI. 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;]
(1) provide that a State agency will administer or
supervise the administration of the plan under this
subpart;
(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;
and
(C) the steps that the State will take to
ensure that, with respect to any judicial
proceeding involving a child and in which there
is an allegation of child abuse or neglect,
including a proceeding on dependency, adoption,
guardianship, or termination of parental
rights, information about available independent
legal representation is provided to--
(i) the child, as appropriate; and
(ii) any individual who is a parent
or guardian, or has legal custody, of
the child;
(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;] Act of 1978, including how the
State will ensure timely notice to Indian tribes of
State custody proceedings involving Indian children,
foster care or adoptive placements of Indian children,
and case recordkeeping as such matters relate to
transfers of jurisdiction, termination of parental
rights, and active efforts;
(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, if applicable, the State agency
responsible for mental health services, and in
consultation with pediatricians, mental health
providers, 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 a list of
services provided to support the
physical and 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 and mental health 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, informed
consent of youth, and compliance with
professional practice guidelines;
(vi) how the State actively consults
with and involves physicians, licensed
mental health providers, 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, and include
a description of how the State may offer virtual
caseworker visits to youth in care who have attained
the age of 18 years and provided informed consent for
virtual visits;
(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.
ALLOTMENTS TO STATES
Sec. 423. (a) In General.--
(1) In general.--Subject to paragraph (2), [the sum
appropriated pursuant to section 425 for each fiscal
year] for each fiscal year, the sum appropriated
pursuant to section 425 remaining after applying
section 428(a) shall be allotted by the Secretary for
use by cooperating State public welfare agencies which
have plans developed jointly by the State agency and
the Secretary as follows: The Secretary shall first
allot $70,000 to each State, and shall then allot to
each State an amount which bears the same ratio to the
remainder of such sum as the product of (1) the
population of the State under the age of twenty-one and
(2) the allotment percentage of the State (as
determined under this section) bears to the sum of the
corresponding products of all the States.
(2) Grants to states to enhance collaboration between
state child welfare and juvenile justice systems.--For
each fiscal year beginning with fiscal year 2023 for
which the amount appropriated under section 425 for the
fiscal year exceeds $270,000,000--
(A) the Secretary shall reserve from such
excess amount such sums as are necessary for
making grants under section 429A for such
fiscal year, not to exceed $10,000,000; and
(B) the remainder to be applied under
paragraph (1) for purposes of making allotments
to States for such fiscal year shall be
determined after the Secretary first allots
$70,000 to each State under such paragraph and
reserves such sums under subparagraph (A) of
this paragraph.
(b) Determination of State Allotment Percentages.--The
``allotment percentage'' for any State shall be 100 per percent
less the State percentage; and the State percentage shall be
the percentage which bears the same ratio to 50 per percent as
the per capita income of such State bears to the per capita
income of the United States; except that (1) the allotment
percentage shall in no case be less than 30 per percent or more
than 70 per percent, and (2) the allotment percentage shall be
70 per percent in the case of Puerto Rico, the Virgin Islands,
Guam, and American Samoa.
(c) Promulgation of State Allotment Percentages.--The
allotment percentage for each State shall be promulgated by the
Secretary between October 1 and November 30 of each even-
numbered year, on the basis of the average per capita income of
each State and of the United States for the three most recent
calendar years for which satisfactory data are available from
the Department of Commerce. Such promulgation shall be
conclusive for each of the two fiscal years in the period
beginning October 1 next succeeding such promulgation.
(d) United States Defined.--For purposes of this section, the
term ``United States'' means the 50 States and the District of
Columbia.
(e) Reallotment of Funds.--
(1) In general.--The amount of any allotment to a
State for a fiscal year under the preceding provisions
of this section which the State certifies to the
Secretary will not be required for carrying out the
State plan developed as provided in section 422 shall
be available for reallotment from time to time, on such
dates as the Secretary may fix, to other States which
the Secretary determines--
(A) need sums in excess of the amounts
allotted to such other States under the
preceding provisions of this section, in
carrying out their State plans so developed;
and
(B) will be able to so use such excess sums
during the fiscal year.
(2) Considerations.--The Secretary shall make the
reallotments on the basis of the State plans so
developed, after taking into consideration--
(A) the population under 21 years of age;
(B) the per capita income of each of such
other States as compared with the population
under 21 years of age; and
(C) the per capita income of all such other
States with respect to which such a
determination by the Secretary has been made.
(3) Amounts reallotted to a state deemed part of
state allotment.--Any amount so reallotted to a State
is deemed part of the allotment of the State under this
section.
PAYMENT TO STATES
Sec. 424. (a) From the sums appropriated therefor and the
allotment under this subpart, subject to the conditions set
forth in this section, the Secretary shall from time to time
pay to each State that has a plan developed in accordance with
section 422 an amount equal to 75 percent of the total sum
expended under the plan (including the cost of administration
of the plan) in meeting the costs of State, district, county,
or other local child welfare services.
(b) The method of computing and making payments under this
section shall be as follows:
(1) The Secretary shall, prior to the beginning of
each period for which a payment is to be made, estimate
the amount to be paid to the State for such period
under the provisions of this section.
(2) From the allotment available therefor, the
Secretary shall pay the amount so estimated, reduced or
increased, as the case may be, by any sum (not
previously adjusted under this section) by which he
finds that his estimate of the amount to be paid the
State for any prior period under this section was
greater or less than the amount which should have been
paid to the State for such prior period under this
section.
(c) Limitation on Use of Federal Funds for Child Care, Foster
Care Maintenance Payments, or Adoption Assistance Payments.--
The total amount of Federal payments under this subpart for a
fiscal year beginning after September 30, 2007, that may be
used by a State for expenditures for child care, foster care
maintenance payments, or adoption assistance payments shall not
exceed the total amount of such payments for fiscal year 2005
that were so used by the State.
(d) Limitation on Use by States of Non-Federal Funds for
Foster Care Maintenance Payments To Match Federal Funds.--For
any fiscal year beginning after September 30, 2007, State
expenditures of non-Federal funds for foster care maintenance
payments shall not be considered to be expenditures under the
State plan developed under this subpart for the fiscal year to
the extent that the total of such expenditures for the fiscal
year exceeds the total of such expenditures under the State
plan developed under this subpart for fiscal year 2005.
(e) Limitation on Reimbursement for Administrative Costs.--A
payment may not be made to a State under this section with
respect to expenditures during a fiscal year for administrative
costs, to the extent that the total amount of the expenditures
exceeds 10 percent of the total expenditures of the State
during the fiscal year for activities funded from amounts
provided under this subpart.
(f)[(1)(A)] Each State shall take such steps as are necessary
to ensure that 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 is not less
than 90 percent (or, in the case of fiscal year 2015 or
thereafter, 95 percent) of the total number of such visits that
would occur during the fiscal year if each such child were so
visited once every month while in such care.
[(B) If the Secretary determines that a State has failed to
comply with subparagraph (A) for a fiscal year, then the
percentage that would otherwise apply for purposes of
subsection (a) for the fiscal year shall be reduced by--
[(i) 1, if the number of full percentage points by
which the State fell short of the percentage specified
in subparagraph (A) is less than 10;
[(ii) 3, if the number of full percentage points by
which the State fell short, as described in clause (i),
is not less than 10 and less than 20; or
[(iii) 5, if the number of full percentage points by
which the State fell short, as described in clause (i),
is not less than 20.]
[(2)(A) Each State shall take such steps as are necessary to
ensure that not less than 50 percent of the total number of
visits made by caseworkers to children in foster care under the
responsibility of the State during a fiscal year occur in the
residence of the child involved.
[(B) If the Secretary determines that a State has failed to
comply with subparagraph (A) for a fiscal year, then the
percentage that would otherwise apply for purposes of
subsection (a) for the fiscal year shall be reduced by--
[(i) 1, if the number of full percentage points by
which the State fell short of the percentage specified
in subparagraph (A) is less than 10;
[(ii) 3, if the number of full percentage points by
which the State fell short, as described in clause (i),
is not less than 10 and less than 20; or
[(iii) 5, if the number of full percentage points by
which the State fell short, as described in clause (i),
is not less than 20.]
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
[2017 through 2023] 2025 through 2029.
* * * * * * *
SEC. 427. [FAMILY CONNECTION GRANTS] KINSHIP NAVIGATORS.
(a) In General.--The Secretary of Health and Human Services
may make matching grants to State, local, or tribal child
welfare agencies, private nonprofit organizations that have
experience in working with foster children or children in
kinship care arrangements, and institutions of higher education
(as defined under section 101 of the Higher Education Act of
1965 (20 U.S.C. 1001)), for the purpose of [helping]
administering programs to help children who are in, or at risk
of entering, foster care reconnect with family members through
the implementation [of--]
[(1) a kinship] of a kinship navigator program to
assist kinship caregivers in learning about, finding,
and using programs and services to meet the needs of
the children they are raising and their own needs, and
to promote effective partnerships among public and
private agencies to ensure kinship caregiver families
are served, which program--
[(A)] (1) shall be coordinated with other State or
local agencies that promote service coordination or
provide information and referral services, including
the entities that provide 2-1-1 or 3-1-1 information
systems where available, to avoid duplication or
fragmentation of services to kinship care families;
[(B)] (2) shall be planned and operated in
consultation with kinship caregivers and organizations
representing them, youth raised by kinship caregivers,
relevant government agencies, and relevant community-
based or faith-based organizations;
[(C)] (3) shall establish information and referral
systems that link (via toll-free access) kinship
caregivers, kinship support group facilitators, and
kinship service providers to--
[(i)] (A) each other;
[(ii)] (B) eligibility and enrollment
information for Federal, State, and local
benefits;
[(iii)] (C) relevant training to assist
kinship caregivers in caregiving and in
obtaining benefits and services; [and]
[(iv)] (D) relevant legal assistance and help
in obtaining legal services; and
(E) connections to individualized assistance,
as needed;
[(D)] (4) shall provide outreach to kinship care
families, including by establishing, distributing, and
updating a kinship care website, or other relevant
guides or outreach materials;
[(E)] (5) shall promote partnerships between public
and private agencies, including schools, community
based or faith-based organizations, and relevant
government agencies, to increase their knowledge of the
needs of kinship care families and other individuals
who are willing and able to be foster parents for
children in foster care under the responsibility of the
State who are themselves parents to promote better
services for those families;
[(F)] (6) may establish and support a kinship care
ombudsman with authority to intervene and help kinship
caregivers access services; and
[(G)] (7) may support any other activities designed
to assist kinship caregivers in obtaining benefits and
services to improve their [caregiving;] caregiving.
[(2) intensive family-finding efforts that utilize
search technology to find biological family members for
children in the child welfare system, and once
identified, work to reestablish relationships and
explore ways to find a permanent family placement for
the children;
[(3) family group decision-making meetings for
children in the child welfare system, that--
[(A) enable families to make decisions and
develop plans that nurture children and protect
them from abuse and neglect, and
[(B) when appropriate, shall address domestic
violence issues in a safe manner and facilitate
connecting children exposed to domestic
violence to appropriate services, including
reconnection with the abused parent when
appropriate; or
[(4) residential family treatment programs that--
[(A) enable parents and their children to
live in a safe environment for a period of not
less than 6 months; and
[(B) provide, on-site or by referral,
substance abuse treatment services, children's
early intervention services, family counseling,
medical, and mental health services, nursery
and pre-school, and other services that are
designed to provide comprehensive treatment
that supports the family.]
(b) Applications.--An entity desiring to receive a matching
grant under this section shall submit to the Secretary an
application, at such time, in such manner, and containing such
information as the Secretary may require, including--
(1) a description of how the grant will be used to
implement [1 or more of] the activities described in
subsection (a);
(2) a description of the types of children and
families to be served, including how the children and
families will be identified and recruited, and an
initial projection of the number of children and
families to be served;
(3) a description of how the entity will directly
fund, or provide data to the Secretary for, an
evaluation which will publish and submit information to
the clearinghouse described in section 476(d)(2) and
which is designed to meet the requirements of section
471(e)(4)(C), or a description of how the funds will be
used to help the State transition to a program for
which the State will seek reimbursement under section
474(a)(7);
[(3)] (4) if the entity is a private organization--
(A) documentation of support from the
relevant local or State child welfare agency;
or
(B) a description of how the organization
plans to coordinate its services and activities
with those offered by the relevant local or
State child welfare agency; [and]
[(4)] (5) an assurance that the entity will cooperate
fully with any evaluation provided for by the Secretary
under this section[.]; and
(6) if the entity is a State, local or tribal child
welfare agency--
(A) documentation of support from a relevant
community-based organization with experience
serving kinship families when applicable; or
(B) a description of how the organization
plans to coordinate its services and activities
with those offered by the relevant community-
based organizations.
(c) Limitations.--
(1) Grant duration.--The Secretary may award a grant
under this section for a period of not less than 1 year
and not more than 3 years.
(2) Number of new grantees per year.--The Secretary
may not award a grant under this section to more than
30 new grantees each fiscal year.
[(d) Federal Contribution.--The amount of a grant payment to
be made to a grantee under this section during each year in the
grant period shall be the following percentage of the total
expenditures proposed to be made by the grantee in the
application approved by the Secretary under this section:
[(1) 75 percent, if the payment is for the 1st or 2nd
year of the grant period.
[(2) 50 percent, if the payment is for the 3rd year
of the grant period.]
(d) Federal Share.--An entity to which a grant is made under
this section may use the grant to pay not more than 75 percent
of the cost of the activities to be carried out by the entity
pursuant to this section.
(e) Form of Grantee Contribution.--A grantee under this
section may provide not more than 50 percent of the amount
which the grantee is required to expend to carry out the
activities for which a grant is awarded under this section in
kind, fairly evaluated, including plant, equipment, or
services.
(f) Use of Grant.--A grantee under this section shall use the
grant in accordance with the approved application for the
grant.
[(g) Reservations of Funds.--]
[(1) Evaluation.--The Secretary shall reserve 3
percent of the funds made available under subsection
(h) for each fiscal year for the conduct of a rigorous
evaluation of the activities funded with grants under
this section.]
[(2) Technical assistance.--The Secretary may
reserve] (g) Reservation of Funds for Technical
Assistance._The Secretary may reserve 2 percent of the
funds made available under [subsection (h)] section
437(b)(6) for each fiscal year to provide technical
assistance to recipients of grants under this section.
[(h) Appropriation.--Out of any money in the Treasury of the
United States not otherwise appropriated, there are
appropriated to the Secretary for purposes of making grants
under this section $15,000,000 for each of fiscal years 2009
through 2014.]
PAYMENTS TO INDIAN TRIBAL ORGANIZATIONS
Sec. 428. [(a) The Secretary may, in appropriate cases (as
determined by the Secretary) make payments under this subpart
directly to an Indian tribal organization within any State
which has a plan for child welfare services approved under this
subpart. Such payments shall be made in such manner and in such
amounts as the Secretary determines to be appropriate.
[(b) Amounts paid under subsection (a) shall be deemed to be
a part of the allotment (as determined under section 423) for
the State in which such Indian tribal organization is located.]
(a) Reservation of Funds; Direct Payments.--Out of any amount
appropriated pursuant to section 425 for a fiscal year, the
Secretary shall reserve 3 percent for grants to Indian tribes
and tribal organizations, which shall be paid directly to
Indian tribes and tribal organizations with a plan approved
under this subpart, in accordance with section 433(a).
(b) Authority to Streamline Reporting Requirements.--The
Secretary shall, in consultation with the affected Indian
tribes, modify any reporting requirement imposed by or under
this part on an Indian tribe, tribal organization, or tribal
consortium if the total of the amounts allotted to the Indian
tribe, tribal organization, or tribal consortium under this
part for the fiscal year is not more than $50,000, and in a
manner that limits the administrative burden on any tribe to
which not more than $50,000 is allotted under this subpart for
the fiscal year.
(c) Tribal Authority to Substitute the Federal Negotiated
Indirect Cost Rate for Administrative Costs Cap.--For purposes
of sections 422(b)(14) and 424(e), an Indian tribal
organization may elect to have the weighted average of the
indirect cost rates in effect under part 220 of title 2, Code
of Federal Regulations with respect to the administrative costs
of the Indian tribal organization apply in lieu of the
percentage specified in each such section.
[(c)] (d) For purposes of this section, the terms ``Indian
tribe'' and ``tribal organization'' shall have the meanings
given such terms by subsections (e) and (l) of section 4 of the
Indian Self-Determination and Education Assistance Act (25
U.S.C. [450b] 5304), respectively.
* * * * * * *
SEC. 429B. EFFECTIVE IMPLEMENTATION OF THE INDIAN CHILD WELFARE ACT OF
1978.
(a) In General.--Not later than October 1, 2025, the
Secretary, in consultation with Indian tribal organizations and
States, shall develop a plan and provide technical assistance
supporting effective implementation of the Indian Child Welfare
Act of 1978, including specific measures identified in State
plans as required by section 422(b)(9) of this Act. The
technical assistance plan shall be based on data sufficient to
assess State strengths and areas for improvement in
implementing Federal standards established under the Indian
Child Welfare Act of 1978, including, at a minimum, the
following:
(1) Timely identification of Indian children and
extended family members.
(2) Timely tribal notice of State child custody
proceedings involving an Indian child.
(3) Reports of cases in which a transfer of
jurisdiction (as defined under the Indian Child Welfare
Act of 1978) was granted or was not granted, and
reasons specified for denial in cases where transfer
was denied.
(4) In cases in which a State court orders a foster
care placement of an Indian child, whether requirements
for active efforts to prevent the breakup of the Indian
family, testimony of a qualified expert witness, and
evidentiary standards were met.
(5) Whether an Indian child was placed in a placement
that is required to be preferred under the Indian Child
Welfare Act of 1978, and if not, the reasons specified.
(6) In cases in which a State court orders the
termination of parental rights to an Indian child,
whether requirements for active efforts to prevent the
breakup of the Indian family, testimony of a qualified
expert witness, and evidentiary standards were met.
(b) Interagency Coordination.--On request of the Secretary,
the Secretary of the Interior shall provide the Secretary with
such guidance and assistance as may be necessary to facilitate
informing States and public child welfare agencies on how to
comply with the Indian Child Welfare Act of 1978, including
specific measures identified in State plans as required by
section 422(b)(9) of this Act.
(c) Biennial Reports to Congress.--The Secretary shall
biennially submit to the Committee on Ways and Means of the
House of Representatives and the Committee on Finance of the
Senate a written report on how--
(1) the States are complying with the Indian Child
Welfare Act of 1978 and section 422(b)(9) of this Act,
as informed by data collected under this section; and
(2) the Secretary is assisting States and Indian
tribes to improve implementation of Federal standards
established under the Indian Child Welfare Act of 1978.
Subpart 2--Marylee Allen Promoting Safe and Stable Families Program
* * * * * * *
SEC. 431. DEFINITIONS.
(a) In General.--As used in this subpart:
(1) Family preservation services.--The term ``family
preservation services'' means services for [children]
children, youth, and families designed to help families
(including [adoptive and extended] kinship and adoptive
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)] parents,
kinship caregivers, and 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[.];
(G)(i) peer-to-peer mentoring and support
programs with demonstrated experience fostering
constructive relationships between children and
families and mentors with relevant lived
experience or interactions with the child
welfare system; and
(ii) for purposes of this subpart, an
expenditure for a service described in clause
(i) may be treated as an expenditure for any 1
or more of family support services, family
preservation services, family reunification
services, or adoption promotion and support
services, as long as the expenditure is related
to serving the children and families in the
specified category and consistent with the
overall purpose of the category; and
(H)(i) services providing nonrecurring short
term benefits (including supports related to
housing instability, utilities, transportation,
and food assistance, among other basic needs)
that address immediate needs related to a
specific crisis, situation, or event affecting
the ability of a child to remain in a home
established for the child that is not intended
to meet an ongoing need; and
(ii) for purposes of this subpart, an
expenditure for a service described in clause
(i) may be treated as an expenditure for any 1
or more of family support services, family
preservation services, family reunification
services, or adoption promotion and support
services as long as the expenditure is related
to serving the children and families in the
specified category and consistent with the
overall purpose of the category.
(2) Family support services.--
(A) In general.--The term ``family support
services'' means community-based services,
including services provided by family resource
centers, 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] children, youth,
and families.
(ii) To increase the strength and
stability of families (including
adoptive, foster, and [extended]
kinship families).
(iii) To support and retain foster
families so they can provide quality
family-based settings for children in
foster care.
(iv) To increase parents' confidence
and competence in their parenting
abilities.
(v) To afford children a safe,
stable, and supportive family
environment.
(vi) To strengthen parental
relationships and promote healthy
marriages.
(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)] 428(d).
(6) Tribal organization.--The term ``tribal
organization'' has the meaning given the term in
section [428(c)] 428(d).
(7) Family reunification services.--
(A) In general.--The term ``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 with kinship
caregivers or 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 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.
(10) Family resource center.--
(A) In general.--The term ``family resource
center'' means a community or school-based hub
of support services for families that--
(i) utilizes an approach that is
multi-generational, strengths-based,
and family-centered;
(ii) reflects, and is responsive to,
community needs and interests;
(iii) provides support at no or low
cost for participants; and
(iv) builds communities of peer
support for families, including kinship
families, to develop social connections
that reduce isolation and stress.
(B) Special rule.--For purposes of this
subpart, an expenditure for a service provided
by a family resource center may be treated as
an expenditure for any 1 or more of family
support services, family preservation services,
family reunification services, or adoption
promotion and support services as long as the
expenditure is related to serving the children
and families in the specified category and
consistent with the overall purpose of the
category.
(11) Youth.--The term ``youth'' means an individual
who has not attained 26 years of age.
(12) Mentoring.--The term ``mentoring'' means a
structured, managed program in which children are
appropriately matched with screened and trained adult
volunteers for one on-one relationships, involving
meetings and activities on a regular basis, intended to
meet, in part, the child's need for involvement with a
caring and supportive adult who provides a positive
role model.
(b) Other Terms.--For other definitions of other terms used
in this subpart, see section 475.
(c) Use of Technology.--
(1) Use of portal.--The services referred to in
subsection (a) may include the means of access to and
use of an electronic or digital portal to facilitate
the provision of community support to care for and meet
specific needs of families and children.
(2) Limitation.--Such a portal shall not retain or
share personally identifiable information about a
beneficiary without consent or for any purpose other
than referral.
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, 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, 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[.];
and
(11) provides a description of policies in place,
including training for employees, to address child
welfare reports and investigations of neglect
concerning the living arrangements or subsistence needs
of a child with the goal to prevent the separation of a
child from a parent of the child solely due to poverty,
to ensure access to services described in section
431(a)(1)(H).
(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, family reunification, and adoption promotion
and support services).]
(1) In general.--The Secretary shall approve a plan
that meets the requirements of subsection (a) only if--
(A) the plan was developed jointly by the
Secretary and the State, and the State, in
developing the plan, consulted with--
(i) appropriate public and nonprofit
private agencies;
(ii) community-based organizations
involved in providing services for
children and families in the areas of
family preservation, family support,
family reunification, foster care,
kinship, and adoption promotion and
support;
(iii) parents with child welfare
experience, foster parents, adoptive
parents, and kinship caregivers; and
(iv) children, youth, and young
adults with experience in the child
welfare system, including State boards
and councils comprised of youth with
lived experience who represent the
diversity of children in the State to
whom the plan would apply; and
(B) the State has made publicly accessible on
a website of the State agency a report that
outlines how the State has implemented the
suggestions of the children and youth referred
to in subparagraph (A)(iv).
(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)] sections 433(a) and
437(c)(1) combined if allotments were made
under [section 433(a)] such sections 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. 433. ALLOTMENTS TO STATES.
(a) Indian Tribes or Tribal Consortia.--From the amount
reserved pursuant to section [436(b)(3)] 436(b)(2) 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 submits a plan approved under this
subpart, the Secretary shall allot to the consortium an amount
equal to the sum of the allotments determined for each Indian
tribe that is part of the consortium.
(b) Territories.--From the amount described in section 436(a)
for any fiscal year that remains after applying section 436(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.
(c) Other States.--
(1) In general.--From the amount described in section
436(a) for any fiscal year that remains after applying
section 436(b) and subsection (b) of this section for
the fiscal year, the Secretary shall allot to each
State (other than an Indian tribe) which is not
specified in subsection (b) of this section an amount
equal to such remaining amount multiplied by the
supplemental nutrition assistance program benefits
percentage of the State for the fiscal year.
(2) Supplemental nutrition assistance program
benefits percentage defined.--
(A) In general.--As used in paragraph (1) of
this subsection, the term ``supplemental
nutrition assistance program benefits
percentage'' means, with respect to a State and
a fiscal year, the average monthly number of
children receiving supplemental nutrition
assistance program benefits in the State for
months in the 3 fiscal years referred to in
subparagraph (B) of this paragraph, as
determined from sample surveys made under
section 16(c) of the Food and Nutrition Act of
2008, expressed as a percentage of the average
monthly number of children receiving
supplemental nutrition assistance program
benefits in the States described in such
paragraph (1) for months in such 3 fiscal
years, as so determined.
(B) Fiscal years used in calculation.--For
purposes of the calculation pursuant to
subparagraph (A), the Secretary shall use data
for the 3 most recent fiscal years, preceding
the fiscal year for which the State's allotment
is calculated under this subsection, for which
such data are available to the Secretary.
(d) Reallotments.--The amount of any allotment to a State
under subsection (a), (b), or (c) of this section for any
fiscal year that the State certifies to the Secretary will not
be required for carrying out the State plan under section 432
shall be available for reallotment using the allotment
methodology specified in subsection (a), (b), or (c) of this
section. Any amount so reallotted to a State is deemed part of
the allotment of the State under the preceding provisions of
this section.
(e) Allotment of Funds Reserved To Support Monthly Caseworker
Visits.--
[(1) Territories.--From the amount reserved pursuant
to section 436(b)(4)(A) for any fiscal year, the
Secretary shall allot to each jurisdiction specified in
subsection (b) of this section, that has provided to
the Secretary such documentation as may be necessary to
verify that the jurisdiction has complied with section
436(b)(4)(B)(ii) during the fiscal year, an amount
determined in the same manner as the allotment to each
of such jurisdictions is determined under section 423
(without regard to the initial allotment of $70,000 to
each State).
[(2) Other states.--From the amount reserved pursuant
to section 436(b)(4)(A) for any fiscal year that
remains after applying paragraph (1) of this subsection
for the fiscal year, the Secretary shall allot to each
State (other than an Indian tribe) not specified in
subsection (b) of this section, that has provided to
the Secretary such documentation as may be necessary to
verify that the State has complied with section
436(b)(4)(B)(ii) during the fiscal year, an amount
equal to such remaining amount multiplied by the
supplemental nutrition assistance program benefits
percentage of the State (as defined in subsection
(c)(2) of this section) for the fiscal year, except
that in applying subsection (c)(2)(A) of this section,
``subsection (e)(2)'' shall be substituted for ``such
paragraph (1)''.]
(1) Base allotment.--From the amount reserved
pursuant to section 436(b)(3)(A) for any fiscal year,
the Secretary shall first allot to each State (other
than an Indian tribe) that has provided to the
Secretary such documentation as may be necessary to
verify that the jurisdiction has complied with section
436(b)(4)(B)(ii) during the fiscal year, a base
allotment of $100,000, and shall then allot to each of
those States an amount determined in paragraph (2) or
(3) of this subsection, as applicable.
(2) Territories.--From the amount reserved pursuant
to section 436(b)(3)(A) for any fiscal year that
remains after applying paragraph (1) of this subsection
for the fiscal year, the Secretary shall allot to each
jurisdiction specified in subsection (b) of this
section to which a base allotment is made under such
paragraph (1) an amount determined in the same manner
as the allotment to each of such jurisdictions is
determined under section 423 (without regard to the
initial allotment of $70,000 to each State).
(3) Other states.--From the amount reserved pursuant
to section 436(b)(3)(A) for any fiscal year that
remains after applying paragraphs (1) and (2) of this
subsection for the fiscal year, the Secretary shall
allot to each State (other than an Indian tribe) not
specified in subsection (b) of this section to which a
base allotment was made under paragraph (1) of this
subsection an amount equal to such remaining amount
multiplied by the supplemental nutrition assistance
program benefits percentage of the State (as defined in
subsection (c)(2) of this section) for the fiscal year,
except that in applying subsection (c)(2)(A) of this
section, ``subsection (e)(3)'' shall be substituted for
``such paragraph (1)''.
SEC. 434. PAYMENTS TO STATES.
(a) Entitlement.--Each State that has a plan approved under
section 432 shall, subject to subsection (d), be entitled to
payment of the sum of--
(1) the lesser of--
(A) 75 percent of the total expenditures by
the State for activities under the plan during
the fiscal year or the immediately succeeding
fiscal year; or
(B) the allotment of the State under
subsection (a), (b), or (c) of section 433,
whichever is applicable, for the fiscal year;
and
(2) the lesser of--
(A) 75 percent of the total expenditures by
the State in accordance with section
[436(b)(4)(B)] 436(b)(3)(B) during the fiscal
year or the immediately succeeding fiscal year;
or
(B) the allotment of the State under section
433(e) for the fiscal year.
(b) Prohibitions.--
(1) No use of other federal funds for state match.--
Each State receiving an amount paid under subsection
(a) may not expend any Federal funds to meet the costs
of services under the State plan under section 432 not
covered by the amount so paid.
(2) Availability of funds.--A State may not expend
any amount paid under subsection (a) for any fiscal
year after the end of the immediately succeeding fiscal
year.
(c) Direct Payments to Tribal Organizations of Indian Tribes
or Tribal Consortia.--The Secretary shall pay any amount to
which an Indian tribe or tribal consortium is entitled under
this section directly to the tribal organization of the Indian
tribe or in the case of a payment to a tribal consortium, such
tribal organizations of, or entity established by, the Indian
tribes that are part of the consortium as the consortium shall
designate.
(d) Limitation on Reimbursement for Administrative Costs.--
The Secretary shall not make a payment to a State under this
section with respect to expenditures for administrative costs
during a fiscal year, to the extent that the total amount of
the expenditures exceeds 10 percent of the total expenditures
of the State during the fiscal year under the State plan
approved under section 432.
SEC. 435. EVALUATIONS; RESEARCH; TECHNICAL ASSISTANCE.
(a) Evaluations.--
(1) In general.--The Secretary shall evaluate and
report to the Congress biennially on the effectiveness
of the programs carried out pursuant to this subpart in
accomplishing the purposes of this subpart, and may
evaluate any other Federal, State, or local program,
regardless of whether federally assisted, that is
designed to achieve the same purposes as the program
under this subpart, in accordance with criteria
established in accordance with paragraph (2).
(2) Criteria to be used.--In developing the criteria
to be used in evaluations under paragraph (1), the
Secretary shall consult with appropriate parties, such
as--
(A) State agencies administering programs
under this part and part E;
(B) persons administering child and family
services programs (including family
preservation and family support programs) for
private, nonprofit organizations with an
interest in child welfare including community-
based partners with expertise in preventing
unnecessary child welfare system involvement;
and
(C) other persons with recognized expertise
in the evaluation of child and family services
programs (including family preservation and
family support programs) or other related
programs.
(3) Timing of report.--Beginning in 2003, the
Secretary shall submit the biennial report required by
this subsection not later than April 1 of every other
year, and shall include in each such report the funding
level, the status of ongoing evaluations, findings to
date, and the nature of any technical assistance
provided to States under subsection (d).
(b) Coordination of Evaluations.--The Secretary shall develop
procedures to coordinate evaluations under this section, to the
extent feasible, with evaluations by the States of the
effectiveness of programs under this subpart.
[(c) Evaluation, Research, and Technical Assistance With
Respect to Targeted Program Resources.--Of the amount reserved
under section 436(b)(1) for a fiscal year, the Secretary shall
use not less than--
[(1) $1,000,000 for evaluations, research, and
providing technical assistance with respect to
supporting monthly caseworker visits with children who
are in foster care under the responsibility of the
State, in accordance with section 436(b)(4)(B)(i); and
[(2) $1,000,000 for evaluations, research, and
providing technical assistance with respect to grants
under section 437(f).]
(c) Evaluation, Research, and Technical Assistance With
Respect to Targeted Program Resources.--Of the amount reserved
under section 437(b)(1) for a fiscal year, the Secretary shall
use not less than--
(1) $1,000,000 for technical assistance to grantees
under section 437(f) and to support design of local
site evaluations with the goal of publishing and
submitting evaluation findings to the clearinghouse
established under section 476(d), or to award grants to
allow current or former grantees under section 437(f)
to analyze, publish, and submit to the clearinghouse
data collected during past grants; and
(2) $1,000,000 for technical assistance required
under section 429B of this Act to support effective
implementation of the Indian Child Welfare Act of 1978
and to support development of associated State plan
measures described pursuant to section 422(b)(9) of
this Act.
(d) Technical Assistance.--To the extent funds are available
therefor, the Secretary shall provide technical assistance that
helps States and Indian tribes or tribal consortia to--
(1) develop research-based protocols for identifying
families at risk of abuse and neglect of use in the
field;
(2) develop treatment models that address the needs
of families at risk, particularly families with
substance abuse issues;
(3) implement programs with well-articulated theories
of how the intervention will result in desired changes
among families at risk;
(4) establish mechanisms to ensure that service
provision matches the treatment model; [and]
(5) establish mechanisms to ensure that postadoption
services meet the needs of the individual families and
develop models to reduce the disruption rates of
adoption[.]; and
(6) use grants under section 437(f) in coordination
with other Federal funds to better serve families in
the child welfare system that are affected by a
substance use disorder.
(e) Family Recovery and Reunification Program Replication
Project.--
(1) Purpose.--The purpose of this subsection is to
provide resources to the Secretary to support the
conduct and evaluation of a family recovery and
reunification program replication project (referred to
in this subsection as the ``project'') and to determine
the extent to which such programs may be appropriate
for use at different intervention points (such as when
a child is at risk of entering foster care or when a
child is living with a guardian while a parent is in
treatment). The family recovery and reunification
program conducted under the project shall use a
recovery coach model that is designed to help reunify
families and protect children by working with parents
or guardians with a substance use disorder who have
temporarily lost custody of their children.
(2) Program components.--The family recovery and
reunification program conducted under the project shall
adhere closely to the elements and protocol determined
to be most effective in other recovery coaching
programs that have been rigorously evaluated and shown
to increase family reunification and protect children
and, consistent with such elements and protocol, shall
provide such items and services as--
(A) assessments to evaluate the needs of the
parent or guardian;
(B) assistance in receiving the appropriate
benefits to aid the parent or guardian in
recovery;
(C) services to assist the parent or guardian
in prioritizing issues identified in
assessments, establishing goals for resolving
such issues that are consistent with the goals
of the treatment provider, child welfare
agency, courts, and other agencies involved
with the parent or guardian or their children,
and making a coordinated plan for achieving
such goals;
(D) home visiting services coordinated with
the child welfare agency and treatment provider
involved with the parent or guardian or their
children;
(E) case management services to remove
barriers for the parent or guardian to
participate and continue in treatment, as well
as to re-engage a parent or guardian who is not
participating or progressing in treatment;
(F) access to services needed to monitor the
parent's or guardian's compliance with program
requirements;
(G) frequent reporting between the treatment
provider, child welfare agency, courts, and
other agencies involved with the parent or
guardian or their children to ensure
appropriate information on the parent's or
guardian's status is available to inform
decision-making; and
(H) assessments and recommendations provided
by a recovery coach to the child welfare
caseworker responsible for documenting the
parent's or guardian's progress in treatment
and recovery as well as the status of other
areas identified in the treatment plan for the
parent or guardian, including a recommendation
regarding the expected safety of the child if
the child is returned to the custody of the
parent or guardian that can be used by the
caseworker and a court to make permanency
decisions regarding the child.
(3) Responsibilities of the secretary.--
(A) In general.--The Secretary shall, through
a grant or contract with 1 or more entities,
conduct and evaluate the family recovery and
reunification program under the project.
(B) Requirements.--In identifying 1 or more
entities to conduct the evaluation of the
family recovery and reunification program, the
Secretary shall--
(i) determine that the area or areas
in which the program will be conducted
have sufficient substance use disorder
treatment providers and other resources
(other than those provided with funds
made available to carry out the
project) to successfully conduct the
program;
(ii) determine that the area or areas
in which the program will be conducted
have enough potential program
participants, and will serve a
sufficient number of parents or
guardians and their children, so as to
allow for the formation of a control
group, evaluation results to be
adequately powered, and preliminary
results of the evaluation to be
available within 4 years of the
program's implementation;
(iii) provide the entity or entities
with technical assistance for the
program design, including by working
with 1 or more entities that are or
have been involved in recovery coaching
programs that have been rigorously
evaluated and shown to increase family
reunification and protect children so
as to make sure the program conducted
under the project adheres closely to
the elements and protocol determined to
be most effective in such other
recovery coaching programs;
(iv) assist the entity or entities in
securing adequate coaching, treatment,
child welfare, court, and other
resources needed to successfully
conduct the family recovery and
reunification program under the
project; and
(v) ensure the entity or entities
will be able to monitor the impacts of
the program in the area or areas in
which it is conducted for at least 5
years after parents or guardians and
their children are randomly assigned to
participate in the program or to be
part of the program's control group.
(4) Evaluation requirements.--
(A) In general.--The Secretary, in
consultation with the entity or entities
conducting the family recovery and
reunification program under the project, shall
conduct an evaluation to determine whether the
program has been implemented effectively and
resulted in improvements for children and
families. The evaluation shall have 3
components: a pilot phase, an impact study, and
an implementation study.
(B) Pilot phase.--The pilot phase component
of the evaluation shall consist of the
Secretary providing technical assistance to the
entity or entities conducting the family
recovery and reunification program under the
project to ensure--
(i) the program's implementation
adheres closely to the elements and
protocol determined to be most
effective in other recovery coaching
programs that have been rigorously
evaluated and shown to increase family
reunification and protect children; and
(ii) random assignment of parents or
guardians and their children to be
participants in the program or to be
part of the program's control group is
being carried out.
(C) Impact study.--The impact study component
of the evaluation shall determine the impacts
of the family recovery and reunification
program conducted under the project on the
parents and guardians and their children
participating in the program. The impact study
component shall--
(i) be conducted using an
experimental design that uses a random
assignment research methodology;
(ii) consistent with previous studies
of other recovery coaching programs
that have been rigorously evaluated and
shown to increase family reunification
and protect children, measure outcomes
for parents and guardians and their
children over multiple time periods,
including for a period of 5 years; and
(iii) include measurements of family
stability and parent, guardian, and
child safety for program participants
and the program control group that are
consistent with measurements of such
factors for participants and control
groups from previous studies of other
recovery coaching programs so as to
allow results of the impact study to be
compared with the results of such prior
studies, including with respect to
comparisons between program
participants and the program control
group regarding--
(I) safe family
reunification;
(II) time to reunification;
(III) permanency (such as
through measures of
reunification, adoption, or
placement with guardians);
(IV) safety (such as through
measures of subsequent
maltreatment);
(V) parental or guardian
treatment persistence and
engagement;
(VI) parental or guardian
substance use;
(VII) juvenile delinquency;
(VIII) cost; and
(IX) other measurements
agreed upon by the Secretary
and the entity or entities
operating the family recovery
and reunification program under
the project.
(D) Implementation study.--The implementation
study component of the evaluation shall be
conducted concurrently with the conduct of the
impact study component and shall include, in
addition to such other information as the
Secretary may determine, descriptions and
analyses of--
(i) the adherence of the family
recovery and reunification program
conducted under the project to other
recovery coaching programs that have
been rigorously evaluated and shown to
increase family reunification and
protect children; and
(ii) the difference in services
received or proposed to be received by
the program participants and the
program control group.
(E) Report.--The Secretary shall publish on
an internet website maintained by the Secretary
the following information:
(i) A report on the pilot phase
component of the evaluation.
(ii) A report on the impact study
component of the evaluation.
(iii) A report on the implementation
study component of the evaluation.
(iv) A report that includes--
(I) analyses of the extent to
which the program has resulted
in increased reunifications,
increased permanency, case
closures, net savings to the
State or States involved
(taking into account both costs
borne by States and the Federal
government), or other outcomes,
or if the program did not
produce such outcomes, an
analysis of why the replication
of the program did not yield
such results;
(II) if, based on such
analyses, the Secretary
determines the program should
be replicated, a replication
plan; and
(III) such recommendations
for legislation and
administrative action as the
Secretary determines
appropriate.
(5) Appropriation.--In addition to any amounts
otherwise made available to carry out this subpart, out
of any money in the Treasury of the United States not
otherwise appropriated, there are appropriated
$15,000,000 for fiscal year 2019 to carry out the
project, which shall remain available through fiscal
year 2026.
(f) Prevention Services Evaluation Partnerships.--
(1) Purpose.--The purpose of this subsection is to
authorize the Secretary to make competitive grants to
support the timely evaluation of--
(A) services and programs described in
section 471(e); or
(B) kinship navigator programs described in
section 474(a)(7).
(2) Grants.--In accordance with applications approved
under this subsection, the Secretary may make grants,
on a competitive basis, to eligible entities to carry
out projects designed to evaluate a service or program
provided by the eligible entity, or an entity in
partnership with the eligible entity, with respect to
the requirements for a promising practice, supported
practice, or well-supported practice described in
section 471(e)(4)(C).
(3) Applications.--
(A) In general.--An eligible entity may apply
to the Secretary for a grant under this
subsection to carry out a project that meets
the following requirements:
(i) The project is designed in
accordance with paragraph (2).
(ii) The project is to be carried out
by the applicant in partnership with--
(I) a State agency that
administers, or supervises the
administration of, the State
plan approved under part E, or
an agency administering the
plan under the supervision of
the State agency; and
(II) if the applicant is
unable or unwilling to do so,
at least 1 external evaluator
to carry out the evaluation of
the service or program provided
by the applicant.
(B) Contents.--The application shall contain
the following:
(i) A description of the project,
including--
(I) a statement explaining
why a grant is necessary to
carry out the project; and
(II) the amount of grant
funds that would be disbursed
to each entity described in
subparagraph (A)(ii) in
partnership with the applicant.
(ii) A certification from each entity
described in subparagraph (A)(ii) that
provides assurances that the individual
or entity is in partnership with the
applicant and will fulfill the
responsibilities of the entity
specified in the description provided
pursuant to clause (i) of this
subparagraph.
(iii) A certification from the
applicant that provides assurances that
the applicant intends to comply with
subparagraph (A)(ii)(II), if
applicable.
(iv) At the option of the eligible
entity, a certification from the
applicant that the applicant requires
an external evaluator secured by the
Secretary pursuant to paragraph (5), if
applicable.
(4) Priorities.--In approving applications under this
subsection, the Secretary shall prioritize the
following:
(A) Addressing, with respect to the
clearinghouse of practices described in section
476(d)(2), deficiencies or gaps identified by
the Secretary in consultation with--
(i) States, political subdivisions of
a State, and tribal communities
carrying out, or receiving the benefits
of, a service or program; and
(ii) child welfare experts, including
individuals with lived experience.
(B) Maximizing the number of evidence-based
services or programs to be included in the
clearinghouse of practices described in section
476(d)(2).
(C) Timely completion of evaluations and the
production of evidence.
(D) Supporting services or programs that are
based on, or are adaptations to new population
settings of, a service or program with reliable
evidence about the benefits and risks of the
service or program.
(5) Availability of external evaluators.--
(A) In general.--Before accepting
applications under this subsection, the
Secretary shall make reasonable efforts to
identify at least 1 entity to serve as an
external evaluator for any eligible entity that
includes a certification under paragraph
(3)(B)(iv) with an application under this
subsection.
(B) No effect on consideration of
application.--The Secretary may not consider
whether an eligible entity is in partnership
with an external evaluator described in
paragraph (A) in approving an application under
this subsection submitted by the eligible
entity.
(6) Reports.--
(A) By grant recipients.--Within 1 year after
receiving a grant under this subsection, and
every year thereafter for the next 5 years, the
grant recipient shall submit to the Secretary a
written report on--
(i) the use of grant funds;
(ii) whether the program or service
evaluated by the project meets a
requirement specified in section
471(e)(4)(C), including information
about--
(I) how the program or
service is being carried out in
accordance with standards
specified in the requirement;
(II) any outcomes of the
program or service; and
(III) any outcome with
respect to which the service or
program compares favorably to a
comparison practice; and
(iii) whether the Secretary has
included the program or service in an
update to the clearinghouse of
practices described in section
476(d)(2).
(B) By the secretary.--The Secretary shall
submit to the Committee on Ways and Means of
the House of Representatives and to the
Committee on Finance of the Senate an annual
written report on--
(i) the grants awarded under this
subsection;
(ii) the programs funded by the
grants;
(iii) any technical assistance
provided by the Secretary in carrying
out this subsection, including with
respect to the efforts to secure
external evaluators pursuant to
paragraph (5); and
(iv) any efforts by the Secretary to
support program evaluation and review
pursuant to section 471(e) and
inclusion of programs in the pre-
approved list of services and programs
described in section 471(e)(4)(D) or
the clearinghouse of practices
described in section 476(d)(2).
(7) Funding.--
(A) Limitations.--Of the amounts available to
carry out this subsection, the Secretary may
use not more than 5 percent to provide
technical assistance.
(B) Carryover.--Amounts made available to
carry out this subsection shall remain
available until expended.
(8) Definitions.--In this subsection:
(A) Eligible entity.--The term ``eligible
entity'' means any of the following providing a
service or program or, in the sole
determination of the Secretary, able to provide
a service or program if awarded a grant under
this subsection:
(i) A State, a political subdivision
of a State, or an agency or department
of a State or political subdivision of
a State.
(ii) An entity described in
subparagraph (A) or (B) of section
426(a)(1).
(iii) An Indian tribe or tribal
organization.
(B) External evaluator.--The term ``external
evaluator'' means an entity with the ability
and willingness to evaluate a service or
program pursuant to paragraph (2) that is not
provided by the entity.
(C) Service or program.--The term ``service
or program''--
(i) means a service or program
described in section 471(e); and
(ii) includes a kinship navigator
program described in section 474(a)(7).
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 2017 through 2023] fiscal year 2025 and
$420,000,000 for each of fiscal years 2026 through 2029.
(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)] (1) State court improvements.--The Secretary
shall reserve $30,000,000 for fiscal year 2025 and
$40,000,000 for fiscal year 2026 and each succeeding
fiscal year for grants under section 438.
[(3)] (2) Indian tribes or tribal consortia.--[After
applying paragraphs (4) and (5) (but before applying
paragraphs (1) or (2)), the] The Secretary shall
reserve 3 percent for allotment to Indian tribes or
tribal consortia in accordance with section 433(a).
[(4)] (3) 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 2017
through 2023] fiscal year 2025 and $26,000,000
for fiscal year 2026 and each succeeding fiscal
year.
(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.]
(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--
(I) reducing caseload ratios
and the administrative burden
on caseworkers, to improve
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) implementing technology
solutions to streamline
caseworker duties and modernize
systems, ensuring improved
efficiency and effectiveness in
child welfare services;
(III) improving caseworker
safety;
(IV) mental health resources
to support caseworker well-
being, including peer-to-peer
support programs; and
(V) recruitment campaigns
aimed at attracting qualified
caseworker candidates.
(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)] (4) Regional partnership grants.--The Secretary
shall reserve for awarding grants under section 437(f)
$20,000,000 for [each of fiscal years 2017 through
2023] fiscal year 2025 and $30,000,000 for fiscal year
2026 and each succeeding fiscal year.
(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 [2017 through
2023] 2025 through 2029.
(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)] 435.
(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 2018 for grants under
subsection (g), and the amount so reserved shall remain
available through fiscal year 2022.
(5) Preventive services evaluation partnerships.--The
Secretary shall reserve $5,000,000 for grants under
section 435(f) for each of fiscal years 2026 through
2029.
(6) Kinship navigators.--The Secretary shall reserve
$10,000,000 for grants under section 427 for each of
fiscal years 2026 through 2029.
(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 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, and expand the scope of
the evidence-based services that may be approved by the
clearinghouse established under section 476(d).
(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.
(iii) The most appropriate
administrative office of the juvenile
court or State court overseeing court
proceedings involving families who come
to the attention of the court due to
child abuse or neglect.
[(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)] (B) 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) State or local agencies that
administer Federal health care,
housing, family support, or other
related programs.
[(ix)] (x) 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)] (C) 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; and
(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] The Secretary shall award grants
under this subsection, from the amounts
reserved for each of fiscal years [2017 through
2023] 2025 through 2029 under section
[436(b)(5)] 436(b)(4), to regional partnerships
that satisfy the requirements of this
subsection, in amounts that are not less than
$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
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]
(iii) Sufficient planning.--
(I) In general.--A grant
awarded under this subsection
shall be disbursed in two
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.
(II) Exception.--The
Secretary, on a case-by-case
basis, may waive the planning
phase for a partnership that
demonstrates that the
partnership has engaged in
sufficient planning before
submitting an application for a
grant 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.
(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 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
(v) decrease the number of out-of-
home placements for children, 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 the child's
family.
(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 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;
(D) demonstrate a track record of successful
collaboration among child welfare, substance
abuse disorder treatment and mental health
agencies; [and]
(E) demonstrate a plan for sustaining the
services provided by or activities funded under
the grant after the conclusion of the grant
period[.];
(F) have submitted information pursuant to
paragraph (4)(F) that demonstrates the
capability to participate in rigorous
evaluation of program effectiveness; and
(G) are a State or public agency, or outline
a plan to increase the availability of services
funded under the grant statewide.
(8) Performance indicators.--
(A) In general.--Not later than 9 months
after the date of enactment of [this
subsection] the Protecting America's Children
by Strengthening Families Act, the Secretary
shall review indicators that are used to assess
periodically the performance of the grant
recipients under this subsection and establish
a set of core indicators related to child
safety, child permanency, reunification, re-
entry into care, parental recovery, parenting
capacity, and family well-being, and access to
services for families with substance use
disorder, including those with children who are
overrepresented in foster care, difficult to
place, or have disproportionately low
permanency rates. 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) The Administrator of the
National Institute on Drug Abuse.
[(iii)] (iv) Other stakeholders or
constituencies as determined by the
Secretary.
(9) Reports.--
(A) Grantee reports.--
(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[.]; and
(iv) whether any programs funded by
the grants were submitted to the
clearinghouse established under section
476(d) for review and the results of
any such review.
(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
2017 through 2023] may be used by the Secretary for
salaries and Department of Health and Human Services
administrative expenses in administering this
subsection.
(g) Funding 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) Requirements.--A State that seeks funding under
this subsection shall submit to the Secretary the
following:
(A) A description of the goals and outcomes
to be achieved, 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 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) Funding authority.--The Secretary may provide
funds to a State that complies with paragraph (2). In
providing funds under this subsection, the Secretary
shall prioritize States that are not yet connected with
the electronic interstate case-processing system
referred to in paragraph (1).
(4) Use of funds.--A State to which funding is
provided under this subsection shall use the funding to
support the State in connecting with, or enhancing or
expediting services provided under, the electronic
interstate case-processing system referred to in
paragraph (1).
(5) Evaluations.--Not later than 1 year after the
final year in which funds 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
(F) that determine the appropriateness and
best practices for use of technology to conduct
remote hearings, subject to participant
consent, including to ensure maximum
participation of individuals involved in
proceedings and to enable courts to maintain
operations in times of public health or other
emergencies;
(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 in a
timely and complete manner, 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, including by
training judges, attorneys, and other legal
[personnel.] personnel and supporting optimal
use of remote hearing technology; and
(3) to ensure continuity of needed court services,
prevent disruption of the services, and enable their
recovery from threats such as public health crises,
natural disasters or cyberattacks, including through--
(A) support for technology that allows court
proceedings to occur remotely subject to
participant consent, including hearings and
legal representation;
(B) the development of guidance and protocols
for responding to the occurrences and
coordinating with other agencies; and
(C) other activities carried out to ensure
backup systems are in place.
(b) Applications.--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--
(1) a description of how courts and child welfare
agencies on the local and State levels will use not
less than 30 percentof grant funds to 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;
(2) 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.
(c) Amount of Grant.--
(1) In general.--From the amounts reserved under
sections [436(b)(2)] 436(b)(1) and 437(b)(2) for a
fiscal year, each highest State court that has an
application approved under this section for the fiscal
year shall be entitled to payment of an amount equal to
the sum of--
(A) $255,000; and
(B) the amount described in paragraph (2)
with respect to the court and the fiscal year.
(2) Amount described.--The amount described in this
paragraph with respect to a court and a fiscal year is
the amount that bears the same ratio to the total of
the amounts reserved under sections [436(b)(2)]
436(b)(1) and 437(b)(2) for grants under this section
for the fiscal year (after applying paragraphs (1)(A)
and (3) of this subsection) as the number of
individuals in the State in which the court is located
who have not attained 21 years of age bears to the
total number of such individuals in all States with a
highest State court that has an approved application
under this section for the fiscal year.
(3) Indian tribes.--From the amounts reserved under
section [436(b)(2)] 436(b)(1) for a fiscal year, the
Secretary shall, before applying paragraph (1) of this
subsection, allocate $1,000,000 for fiscal year 2025,
and $2,000,000 for each of fiscal years 2026 through
2029, for grants to be awarded on a competitive basis
among the highest courts of Indian tribes or tribal
consortia that--
(A) are operating a program under part E, in
accordance with section 479B;
(B) are seeking to operate a program under
part E and have received an implementation
grant under section 476; or
(C) have a court responsible for proceedings
related to foster care or adoption.
(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 [2017 through 2023] 2025
through 2029.
(e) Guidance.--
(1) In general.--Every 5 years, the Secretary shall
issue implementation guidance for sharing information
on best practices for--
(A) technological changes needed for court
proceedings for foster care, guardianship, or
adoption to be conducted remotely in a way that
maximizes engagement and protects the privacy
of participants; and
(B) the manner in which the proceedings
should be conducted.
(2) Initial issuance.--The Secretary shall issue
initial guidance required by paragraph (1) with
preliminary information on best practices not later
than October 1, 2025.
(3) Additional consultation.--The Secretary shall
consult with Indian tribes on the development of
appropriate guidelines for State court proceedings
involving Indian children to maximize engagement of
Indian tribes and provide appropriate guidelines on
conducting State court proceedings subject to the
Indian Child Welfare Act of 1978 (25 U.S.C. 1901 et
seq.).
[SEC. 439. GRANTS FOR PROGRAMS FOR MENTORING CHILDREN OF PRISONERS.
[(a) Findings and Purposes.--
[(1) Findings.--
[(A) In the period between 1991 and 1999, the
number of children with a parent incarcerated
in a Federal or State correctional facility
increased by more than 100 percent, from
approximately 900,000 to approximately
2,000,000. In 1999, 2.1 percent of all children
in the United States had a parent in Federal or
State prison.
[(B) Prior to incarceration, 64 percent of
female prisoners and 44 percent of male
prisoners in State facilities lived with their
children.
[(C) Nearly 90 percent of the children of
incarcerated fathers live with their mothers,
and 79 percent of the children of incarcerated
mothers live with a grandparent or other
relative.
[(D) Parental arrest and confinement lead to
stress, trauma, stigmatization, and separation
problems for children. These problems are
coupled with existing problems that include
poverty, violence, parental substance abuse,
high-crime environments, intrafamilial abuse,
child abuse and neglect, multiple care givers,
and/or prior separations. As a result, these
children often exhibit a broad variety of
behavioral, emotional, health, and educational
problems that are often compounded by the pain
of separation.
[(E) Empirical research demonstrates that
mentoring is a potent force for improving
children's behavior across all risk behaviors
affecting health. Quality, one-on-one
relationships that provide young people with
caring role models for future success have
profound, life-changing potential. Done right,
mentoring markedly advances youths' life
prospects. A widely cited 1995 study by Public/
Private Ventures measured the impact of one Big
Brothers Big Sisters program and found
significant effects in the lives of youth--
cutting first-time drug use by almost half and
first-time alcohol use by about a third,
reducing school absenteeism by half, cutting
assaultive behavior by a third, improving
parental and peer relationships, giving youth
greater confidence in their school work, and
improving academic performance.
[(2) Purposes.--The purposes of this section are to
authorize the Secretary--
[(A) to make competitive grants to applicants
in areas with substantial numbers of children
of incarcerated parents, to support the
establishment or expansion and operation of
programs using a network of public and private
community entities to provide mentoring
services for children of prisoners; and
[(B) to enter into on a competitive basis a
cooperative agreement to conduct a service
delivery demonstration project in accordance
with the requirements of subsection (g).
[(b) Definitions.--In this section:
[(1) Children of prisoners.--The term ``children of
prisoners'' means children one or both of whose parents
are incarcerated in a Federal, State, or local
correctional facility. The term is deemed to include
children who are in an ongoing mentoring relationship
in a program under this section at the time of their
parents' release from prison, for purposes of continued
participation in the program.
[(2) Mentoring.--The term ``mentoring'' means a
structured, managed program in which children are
appropriately matched with screened and trained adult
volunteers for one-on-one relationships, involving
meetings and activities on a regular basis, intended to
meet, in part, the child's need for involvement with a
caring and supportive adult who provides a positive
role model.
[(3) Mentoring services.--The term ``mentoring
services'' means those services and activities that
support a structured, managed program of mentoring,
including the management by trained personnel of
outreach to, and screening of, eligible children;
outreach to, education and training of, and liaison
with sponsoring local organizations; screening and
training of adult volunteers; matching of children with
suitable adult volunteer mentors; support and oversight
of the mentoring relationship; and establishment of
goals and evaluation of outcomes for mentored children.
[(c) Program Authorized.--From the amounts appropriated under
subsection (i) for a fiscal year that remain after applying
subsection (i)(2), the Secretary shall make grants under this
section for each of fiscal years 2007 through 2011 to State or
local governments, tribal governments or tribal consortia,
faith-based organizations, and community-based organizations in
areas that have significant numbers of children of prisoners
and that submit applications meeting the requirements of this
section, in amounts that do not exceed $5,000,000 per grant.
[(d) Application Requirements.--In order to be eligible for a
grant under this section, the chief executive officer of the
applicant must submit to the Secretary an application
containing the following:
[(1) Program design.--A description of the proposed
program, including--
[(A) a list of local public and private
organizations and entities that will
participate in the mentoring network;
[(B) the name, description, and
qualifications of the entity that will
coordinate and oversee the activities of the
mentoring network;
[(C) the number of mentor-child matches
proposed to be established and maintained
annually under the program;
[(D) such information as the Secretary may
require concerning the methods to be used to
recruit, screen support, and oversee
individuals participating as mentors, (which
methods shall include criminal background
checks on the individuals), and to evaluate
outcomes for participating children, including
information necessary to demonstrate compliance
with requirements established by the Secretary
for the program; and
[(E) such other information as the Secretary
may require.
[(2) Community consultation; coordination with other
programs.--A demonstration that, in developing and
implementing the program, the applicant will, to the
extent feasible and appropriate--
[(A) consult with public and private
community entities, including religious
organizations, and including, as appropriate,
Indian tribal organizations and urban Indian
organizations, and with family members of
potential clients;
[(B) coordinate the programs and activities
under the program with other Federal, State,
and local programs serving children and youth;
and
[(C) consult with appropriate Federal, State,
and local corrections, workforce development,
and substance abuse and mental health agencies.
[(3) Equal access for local service providers.--An
assurance that public and private entities and
community organizations, including religious
organizations and Indian organizations, will be
eligible to participate on an equal basis.
[(4) Records, reports, and audits.--An agreement that
the applicant will maintain such records, make such
reports, and cooperate with such reviews or audits as
the Secretary may find necessary for purposes of
oversight of project activities and expenditures.
[(5) Evaluation.--An agreement that the applicant
will cooperate fully with the Secretary's ongoing and
final evaluation of the program under the plan, by
means including providing the Secretary access to the
program and program-related records and documents,
staff, and grantees receiving funding under the plan.
[(e) Federal Share.--
[(1) In general.--A grant for a program under this
section shall be available to pay a percentage share of
the costs of the program up to--
[(A) 75 percent for the first and second
fiscal years for which the grant is awarded;
and
[(B) 50 percent for the third and each
succeeding such fiscal years.
[(2) Non-federal share.--The non-Federal share of the
cost of projects under this section 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.
[(f) Considerations in Awarding Grants.--In awarding grants
under this section, the Secretary shall take into
consideration--
[(1) the qualifications and capacity of applicants
and networks of organizations to effectively carry out
a mentoring program under this section;
[(2) the comparative severity of need for mentoring
services in local areas, taking into consideration data
on the numbers of children (and in particular of low-
income children) with an incarcerated parents (or
parents) in the areas;
[(3) evidence of consultation with existing youth and
family service programs, as appropriate; and
[(4) any other factors the Secretary may deem
significant with respect to the need for or the
potential success of carrying out a mentoring program
under this section.
[(g) Service Delivery Demonstration Project.--
[(1) Purpose; authority to enter into cooperative
agreement.--The Secretary shall enter into a
cooperative agreement with an eligible entity that
meets the requirements of paragraph (2) for the purpose
of requiring the entity to conduct a demonstration
project consistent with this subsection under which the
entity shall--
[(A) identify children of prisoners in need
of mentoring services who have not been matched
with a mentor by an applicant awarded a grant
under this section, with a priority for
identifying children who--
[(i) reside in an area not served by
a recipient of a grant under this
section;
[(ii) reside in an area that has a
substantial number of children of
prisoners;
[(iii) reside in a rural area; or
[(iv) are Indians;
[(B) provide the families of the children so
identified with--
[(i) a voucher for mentoring services
that meets the requirements of
paragraph (5); and
[(ii) a list of the providers of
mentoring services in the area in which
the family resides that satisfy the
requirements of paragraph (6); and
[(C) monitor and oversee the delivery of
mentoring services by providers that accept the
vouchers.
[(2) Eligible entity.--
[(A) In general.--Subject to subparagraph
(B), an eligible entity under this subsection
is an organization that the Secretary
determines, on a competitive basis--
[(i) has substantial experience--
[(I) in working with
organizations that provide
mentoring services for children
of prisoners; and
[(II) in developing quality
standards for the
identification and assessment
of mentoring programs for
children of prisoners; and
[(ii) submits an application that
satisfies the requirements of paragraph
(3).
[(B) Limitation.--An organization that
provides mentoring services may not be an
eligible entity for purposes of being awarded a
cooperative agreement under this subsection.
[(3) Application requirements.--To be eligible to be
awarded a cooperative agreement under this subsection,
an entity shall submit to the Secretary an application
that includes the following:
[(A) Qualifications.--Evidence that the
entity--
[(i) meets the experience
requirements of paragraph (2)(A)(i);
and
[(ii) is able to carry out--
[(I) the purposes of this
subsection identified in
paragraph (1); and
[(II) the requirements of the
cooperative agreement specified
in paragraph (4).
[(B) Service delivery plan.--
[(i) Distribution requirements.--
Subject to clause (iii), a description
of the plan of the entity to ensure the
distribution of not less than--
[(I) 3,000 vouchers for
mentoring services in the first
year in which the cooperative
agreement is in effect with
that entity;
[(II) 8,000 vouchers for
mentoring services in the
second year in which the
agreement is in effect with
that entity; and
[(III) 13,000 vouchers for
mentoring services in any
subsequent year in which the
agreement is in effect with
that entity.
[(ii) Satisfaction of priorities.--A
description of how the plan will ensure
the delivery of mentoring services to
children identified in accordance with
the requirements of paragraph (1)(A).
[(iii) Secretarial authority to
modify distribution requirement.--The
Secretary may modify the number of
vouchers specified in subclauses (I)
through (III) of clause (i) to take
into account the availability of
appropriations and the need to ensure
that the vouchers distributed by the
entity are for amounts that are
adequate to ensure the provision of
mentoring services for a 12-month
period.
[(C) Collaboration and cooperation.--A
description of how the entity will ensure
collaboration and cooperation with other
interested parties, including courts and
prisons, with respect to the delivery of
mentoring services under the demonstration
project.
[(D) Other.--Any other information that the
Secretary may find necessary to demonstrate the
capacity of the entity to satisfy the
requirements of this subsection.
[(4) Cooperative agreement requirements.--A
cooperative agreement awarded under this subsection
shall require the eligible entity to do the following:
[(A) Identify quality standards for
providers.--To work with the Secretary to
identify the quality standards that a provider
of mentoring services must meet in order to
participate in the demonstration project and
which, at a minimum, shall include criminal
records checks for individuals who are
prospective mentors and shall prohibit
approving any individual to be a mentor if the
criminal records check of the individual
reveals a conviction which would prevent the
individual from being approved as a foster or
adoptive parent under section 471(a)(20)(A).
[(B) Identify eligible providers.--To
identify and compile a list of those providers
of mentoring services in any of the 50 States
or the District of Columbia that meet the
quality standards identified pursuant to
subparagraph (A).
[(C) Identify eligible children.--To identify
children of prisoners who require mentoring
services, consistent with the priorities
specified in paragraph (1)(A).
[(D) Monitor and oversee delivery of
mentoring services.--To satisfy specific
requirements of the Secretary for monitoring
and overseeing the delivery of mentoring
services under the demonstration project, which
shall include a requirement to ensure that
providers of mentoring services under the
project report data on the children served and
the types of mentoring services provided.
[(E) Records, reports, and audits.--To
maintain any records, make any reports, and
cooperate with any reviews and audits that the
Secretary determines are necessary to oversee
the activities of the entity in carrying out
the demonstration project under this
subsection.
[(F) Evaluations.--To cooperate fully with
any evaluations of the demonstration project,
including collecting and monitoring data and
providing the Secretary or the Secretary's
designee with access to records and staff
related to the conduct of the project.
[(G) Limitation on administrative
expenditures.--To ensure that administrative
expenditures incurred by the entity in
conducting the demonstration project with
respect to a fiscal year do not exceed the
amount equal to 10 percent of the amount
awarded to carry out the project for that year.
[(5) Voucher requirements.--A voucher for mentoring
services provided to the family of a child identified
in accordance with paragraph (1)(A) shall meet the
following requirements:
[(A) Total payment amount; 12-month service
period.--The voucher shall specify the total
amount to be paid a provider of mentoring
services for providing the child on whose
behalf the voucher is issued with mentoring
services for a 12-month period.
[(B) Periodic payments as services
provided.--
[(i) In general.--The voucher shall
specify that it may be redeemed with
the eligible entity by the provider
accepting the voucher in return for
agreeing to provide mentoring services
for the child on whose behalf the
voucher is issued.
[(ii) Demonstration of the provision
of services.--A provider that redeems a
voucher issued by the eligible entity
shall receive periodic payments from
the eligible entity during the 12-month
period that the voucher is in effect
upon demonstration of the provision of
significant services and activities
related to the provision of mentoring
services to the child on whose behalf
the voucher is issued.
[(6) Provider requirements.--In order to participate
in the demonstration project, a provider of mentoring
services shall--
[(A) meet the quality standards identified by
the eligible entity in accordance with
paragraph (1);
[(B) agree to accept a voucher meeting the
requirements of paragraph (5) as payment for
the provision of mentoring services to a child
on whose behalf the voucher is issued;
[(C) demonstrate that the provider has the
capacity, and has or will have nonfederal
resources, to continue supporting the provision
of mentoring services to the child on whose
behalf the voucher is issued, as appropriate,
after the conclusion of the 12-month period
during which the voucher is in effect; and
[(D) if the provider is a recipient of a
grant under this section, demonstrate that the
provider has exhausted its capacity for
providing mentoring services under the grant.
[(7) 3-year period; option for renewal.--
[(A) In general.--A cooperative agreement
awarded under this subsection shall be
effective for a 3-year period.
[(B) Renewal.--The cooperative agreement may
be renewed for an additional period, not to
exceed 2 years and subject to any conditions
that the Secretary may specify that are not
inconsistent with the requirements of this
subsection or subsection (i)(2)(B), if the
Secretary determines that the entity has
satisfied the requirements of the agreement and
evaluations of the service delivery
demonstration project demonstrate that the
voucher service delivery method is effective in
providing mentoring services to children of
prisoners.
[(8) Independent evaluation and report.--
[(A) In general.--The Secretary shall enter
into a contract with an independent, private
organization to evaluate and prepare a report
on the first 2 fiscal years in which the
demonstration project is conducted under this
subsection.
[(B) Deadline for report.--Not later than 90
days after the end of the second fiscal year in
which the demonstration project is conducted
under this subsection, the Secretary shall
submit the report required under subparagraph
(A) to the Committee on Ways and Means of the
House of Representatives and the Committee on
Finance of the Senate. The report shall
include--
[(i) the number of children as of the
end of such second fiscal year who
received vouchers for mentoring
services; and
[(ii) any conclusions regarding the
use of vouchers for the delivery of
mentoring services for children of
prisoners.
[(9) No effect on eligibility for other federal
assistance.--A voucher provided to a family under the
demonstration project conducted under this subsection
shall be disregarded for purposes of determining the
eligibility for, or the amount of, any other Federal or
federally-supported assistance for the family.
[(h) Independent Evaluation; Reports.--
[(1) Independent evaluation.--The Secretary shall
conduct by grant, contract, or cooperative agreement an
independent evaluation of the programs authorized under
this section, including the service delivery
demonstration project authorized under subsection (g).
[(2) Reports.--Not later than 12 months after the
date of enactment of this subsection, the Secretary
shall submit a report to the Congress that includes the
following:
[(A) The characteristics of the mentoring
programs funded under this section.
[(B) The plan for implementation of the
service delivery demonstration project
authorized under subsection (g).
[(C) A description of the outcome-based
evaluation of the programs authorized under
this section that the Secretary is conducting
as of that date of enactment and how the
evaluation has been expanded to include an
evaluation of the demonstration project
authorized under subsection (g).
[(D) The date on which the Secretary shall
submit a final report on the evaluation to the
Congress.
[(i) Authorization of Appropriations; Reservations of Certain
Amounts.--
[(1) Limitations on authorization of
appropriations.--To carry out this section, there are
authorized to be appropriated to the Secretary such
sums as may be necessary for fiscal years 2007 through
2011.
[(2) Reservations.--
[(A) Research, technical assistance, and
evaluation.--The Secretary shall reserve 4
percent of the amount appropriated for each
fiscal year under paragraph (1) for expenditure
by the Secretary for research, technical
assistance, and evaluation related to programs
under this section.
[(B) Service delivery demonstration
project.--
[(i) In general.--Subject to clause
(ii), for purposes of awarding a
cooperative agreement to conduct the
service delivery demonstration project
authorized under subsection (g), the
Secretary shall reserve not more than--
[(I) $5,000,000 of the amount
appropriated under paragraph
(1) for the first fiscal year
in which funds are to be
awarded for the agreement;
[(II) $10,000,000 of the
amount appropriated under
paragraph (1) for the second
fiscal year in which funds are
to be awarded for the
agreement; and
[(III) $15,000,000 of the
amount appropriated under
paragraph (1) for the third
fiscal year in which funds are
to be awarded for the
agreement.
[(ii) Assurance of funding for
general program grants.--With respect
to any fiscal year, no funds may be
awarded for a cooperative agreement
under subsection (g), unless at least
$25,000,000 of the amount appropriated
under paragraph (1) for that fiscal
year is used by the Secretary for
making grants under this section for
that fiscal year.]
SEC. 439. STATE PARTNERSHIP PLANNING AND DEMONSTRATION GRANTS TO
SUPPORT MEANINGFUL RELATIONSHIPS BETWEEN FOSTER
CHILDREN AND THE INCARCERATED PARENTS OF THE
CHILDREN.
(a) Authority.--
(1) In general.--The Secretary may make demonstration
grants to eligible State partnerships to develop,
implement, and provide support for programs that enable
and sustain meaningful relationships between covered
foster children and the incarcerated parents of the
children.
(2) Payment of annual installments.--The Secretary
shall pay each demonstration grant in 5 annual
installments.
(3) 1-year planning grants.--The Secretary may make
a planning grant to a recipient of a demonstration
grant, to be paid to the recipient 1 year before
payment of the 1st annual installment of the
demonstration grant and in an amount not greater than
any installment of the demonstration grant, if--
(A) the recipient includes a request for a
planning grant in the application under
subsection (c); and
(B) the Secretary determines that a planning
grant would assist the recipient and improve
the effectiveness of the demonstration grant.
(b) Eligible State Partnership Defined.--
(1) In general.--In this section, the term ``eligible
State partnership'' means an agreement entered into by,
at a minimum, the following:
(A) The State child welfare agency
responsible for the administration of the State
plans under this part.
(B) The State agency responsible for adult
corrections.
(2) Additional partners.--For purposes of this
section, an eligible State partnership may include any
entity with experience in serving incarcerated parents
and their children.
(3) Partnerships entered into by indian tribes or
tribal consortia.--Notwithstanding paragraph (1), if an
Indian tribe or tribal consortium enters into a
partnership pursuant to this section that does not
consist solely of tribal child welfare agencies (or a
consortium of the agencies), the partnership shall be
considered an eligible State partnership for purposes
of this section.
(c) Application Requirements.--An eligible State partnership
seeking a demonstration grant under this section to carry out a
program described in subsection (a)(1) shall submit an
application to the Secretary at such time, in such manner, and
containing such information as the Secretary may require. The
application shall include the following:
(1) A summary of the program, including how the
program will support a meaningful relationship between
a covered foster child and an incarcerated parent of
the child.
(2) A description of the activities to be carried out
by the program, which must include all of the
activities described in subsection (d) that are in the
best interest of the covered foster child.
(3) A framework for identifying--
(A) each covered foster child eligible for
services under the program, including, to the
extent practicable, coordination of data
between relevant State child welfare agencies
and court systems; and
(B) the roles and responsibilities of the
entities in the partnership.
(4) Documentation that the applicant is an eligible
State partnership.
(5) Assurances that the applicant will participate
fully in the evaluation described in subsection (f)(2)
and shall maintain records for the program, including
demographic information disaggregated by relevant
characteristics with respect to covered foster children
and incarcerated parents who participate in the
program.
(d) Program Activities.--To the extent that the activities
are in the best interest of the covered foster child, the
activities referred to in subsection (c)(2) shall include the
following:
(1) Revision of policies.--Through consultation with
incarcerated parents and their families, grantees shall
promote organizational policies of participating child
welfare entities and collaborating correctional
facilities to promote meaningful relationships through
regular and developmentally appropriate communication
and visitation between covered foster children and the
incarcerated parents, including, when appropriate, the
following:
(A) For child welfare entities--
(i) inclusion of parents in case
planning and decision making for
children;
(ii) regular sharing of information
and responses to requests for
information between caseworkers and
incarcerated parents with respect to
the case information of a child, any
changes to a case, permanency plans,
requirements to maintain parental
rights, and any efforts to terminate
parental rights;
(iii) appropriate opportunities for
incarcerated parents to demonstrate
their relationship with a covered
foster child given their incarceration,
including training and courses required
for a service plan; and
(iv) the enhanced visitation
described in paragraph (2).
(B) For correctional facilities, fostering
visitation and communication that is
developmentally appropriate in terms of--
(i) the nature of communication and
visitation, including--
(I) the ability to physically
touch parents;
(II) engaging with parents in
locations that are appropriate
for the age and development of
the child;
(III) exchanging items that
are appropriate to the age and
development of the child,
include expectations that are
appropriate for the age and
development of the child
related to behavior, attire,
and wait times; and
(IV) allowing appropriate
adults to bring children if
legal guardians are not
available to promote regular
contact;
(ii) reasonable inclusion of all
children of the parent;
(iii) communication and visitation at
times when the children are available;
(iv) security procedures to comfort
children and be minimally invasive; and
(v) promoting parent-child
relationships regardless of the
sentence imposed on the parent.
(2) Enhanced visitation.--
(A) Grantees shall facilitate weekly
communication and, for at least 9 days each
year, in-person visitation between a covered
foster child and any incarcerated parent of the
child.
(B) Electronic visitation (such as live video
visits, phone calls, and recorded books) may be
used but shall not be the sole method to
promote a meaningful relationship for purposes
of the grant.
(C) Enhanced visitation programs shall--
(i) integrate best practices for
visitation programs with incarcerated
parents and their children;
(ii) adopt developmentally
appropriate visitation policies and
procedures such as those described in
paragraph (1)(B);
(iii) reduce or eliminate the cost of
developmentally appropriate
communication and visitation for the
covered foster child, which may include
the purchase of communication
technology, covering transportation,
insurance, and lodging costs, costs
related to providing appropriate
visitation spaces and activities, and
other relevant costs;
(iv) to the extent practicable,
integrate appropriate parenting
education to help prepare and process
visits; and
(v) avoid restricting visitation and
communication as a punishment for the
incarcerated parents.
(3) Training.--Grantees shall incorporate ongoing
training for child welfare workers, correctional
facility staff, and other program providers to
understand the importance of promoting meaningful
relationships between children and incarcerated
parents.
(4) Case management.--Grantees shall provide case
management services for the incarcerated parents of a
covered foster child to promote the relationship,
access to services, and coordination with the
caseworkers of the covered foster child to strengthen
the relationship.
(5) Legal assistance.--Grantees shall facilitate
access to necessary legal services and may use grant
funds for services that are not reimbursable under
other Federal programs.
(e) Federal Share.--The Federal share of the cost of any
activity carried out using a grant made under this section
shall be not greater than 75 percent.
(f) Technical Assistance, Evaluations, and Reports.--
(1) Technical assistance.--The Secretary shall
provide technical assistance with respect to grants
under this section, including by--
(A) assisting grantees in understanding best
practices in promoting meaningful relationships
between incarcerated parents and their children
as well as consulting with appropriate
stakeholders when developing their programs;
(B) assisting grantees with establishing and
analyzing implementation and performance
indicators; and
(C) conducting an annual technical assistance
and training meeting and an annual grantee
meeting so that grantees can learn from the
experiences of other grantees.
(2) Evaluations.--The Secretary shall conduct an
evaluation of program outcomes, including with respect
to parent and child well-being, parent-child
interactions, parental involvement, awareness of child
development and parenting practices, placement
stability, and termination of parental rights with
respect to covered foster children and incarcerated
parents, to measure program effectiveness, as
determined by the Secretary, and identify opportunities
for improved program practices and implementation.
(3) Reports to the congress.--
(A) Initial report.--Not later than 3 years
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 that includes--
(i) the number of applications for
grants under this section;
(ii) the number of grants awarded,
and the amounts for each grant; and
(iii) information on the grants,
including--
(I) interim results of the
evaluation described in
paragraph (2);
(II) disaggregated data on
covered foster children and
incarcerated parents;
(III) information on the
composition of eligible State
partnerships;
(IV) best practices for
facilitating meaningful
relationships between covered
foster children and
incarcerated parents; and
(V) barriers to
implementation or expansion of
programs funded under this
section.
(B) Final report.--Not later than 6 years
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 that includes--
(i) the final results of the
evaluation described in paragraph (2);
and
(ii) recommendations for refinements
to grant requirements to improve
program outcomes.
(g) Authority of Secretary With Respect to Indian Tribes and
Tribal Organizations.--
(1) Waiver or modification of requirements.--In
making a grant to an Indian tribe or tribal
organization under this section, the Secretary may
waive the matching requirement of subsection (e) or
modify an application requirement imposed by or under
subsection (c) if the Secretary determines that the
waiver or modification is appropriate to the needs,
culture, and circumstances of the Indian tribe or
tribal organization.
(2) Evaluation.--The Secretary shall use tribally
relevant data in carrying out the evaluation under
subsection (f)(2) with respect to an Indian tribe or
tribal organization.
(h) Limitations on Authorization of Appropriations.--There is
authorized to be appropriated to the Secretary not more than
$35,000,000 for each of fiscal years 2026 through 2029 to carry
out this section.
(i) Definition of Covered Foster Child.--In this section, the
term ``covered foster child'' means a child that--
(1) is in foster care; and
(2) has at least 1 parent incarcerated in a Federal,
State, or local correctional facility.
Subpart 3--Common Provisions
SEC. 441. REDUCTION OF ADMINISTRATIVE BURDEN.
(a) In General.--The Secretary shall reduce the burden of
administering this part imposed on the recipients of funds
under this part, by--
(1) reviewing and revising administrative data
collection instruments and forms to eliminate
duplication and streamline reporting requirements for
the recipients while collecting all data required under
this part;
(2) in coordination with activities required under
the Paperwork Reduction Act, conducting an analysis of
the total number of hours reported by the recipients to
comply with paperwork requirements and exploring, in
consultation with the recipients, how to reduce the
number of hours required for the compliance by at least
15 percent;
(3) collecting input from the recipients with respect
to fiscal and oversight requirements and making changes
to ensure consistency with standards and guidelines for
other Federal formula grant programs based on the
input; and
(4) respecting the sovereignty of Indian tribes when
complying with this subsection.
(b) Limitation on Applicability.--Subsection (a) of this
section shall not apply to any reporting or data collection
otherwise required by law that would affect the ability of the
Secretary to monitor and ensure compliance with State plans
approved under this part or ensure that funds are expended
consistent with this part.
SEC. 442. PUBLIC ACCESS TO STATE PLANS.
The Secretary shall--
(1) create a standardized format for State plans
required under sections 422 and 432 used to monitor
compliance with those sections;
(2) produce comparisons and analyses of trends in
State plans to inform future technical assistance and
policy development;
(3) make the State plans available on a public
website; and
(4) include on the website aggregated national
summaries of State submissions as the Secretary deems
appropriate.
SEC. [440.] 443. 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 and part E--
(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, PREVENTION, AND PERMANENCY
* * * * * * *
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,
2026, 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, 2026, 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 expended by 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)] 427(a) 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.
* * * * * * *
[all]