[House Report 112-210]
[From the U.S. Government Publishing Office]
112th Congress Rept. 112-210
HOUSE OF REPRESENTATIVES
1st Session Part 1
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CHILD AND FAMILY SERVICES IMPROVEMENT AND INNOVATION ACT
_______
September 19, 2011.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Camp, from the Committee on Ways and Means,
submitted the following
R E P O R T
[Including cost estimate of the Congressional Budget Office]
The Committee on Ways and Means, to whom was referred the
bill (H.R. 2883) to amend part B of title IV of the Social
Security Act to extend the child and family services program
through fiscal year 2016, and for other purposes, having
considered the same, report favorably thereon with an amendment
and recommend that the bill as amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Child and Family Services Improvement
and Innovation Act''.
TITLE I--EXTENSION OF CHILD AND FAMILY SERVICES PROGRAMS
SEC. 101. STEPHANIE TUBBS JONES CHILD WELFARE SERVICES PROGRAM.
(a) Extension of Program.--Section 425 of the Social Security Act (42
U.S.C. 625) is amended by striking ``2007 through 2011'' and inserting
``2012 through 2016''.
(b) Modification of Certain State Plan Requirements.--
(1) Response to emotional trauma.--Section 422(b)(15)(A)(ii)
of such Act (42 U.S.C. 622(b)(15)(A)(ii)) is amended by
inserting ``, including emotional trauma associated with a
child's maltreatment and removal from home'' before the
semicolon.
(2) Procedures on the use of psychotropic medications.--
Section 422(b)(15)(A)(v) of such Act (42 U.S.C.
622(b)(15)(A)(v)) is amended by inserting ``, including
protocols for the appropriate use and monitoring of
psychotropic medications'' before the semicolon.
(3) Description of activities to address developmental needs
of very young children.--Section 422(b) of such Act (42 U.S.C.
622(b)) is amended--
(A) by striking ``and'' at the end of paragraph (16);
(B) by striking the period at the end of paragraph
(17) and inserting ``; and''; and
(C) by adding at the end the following:
``(18) include a description of the activities that the State
has undertaken to reduce the length of time children who have
not attained 5 years of age are without a permanent family, and
the activities the State undertakes to address the
developmental needs of such children who receive benefits or
services under this part or part E.''.
(4) Data sources for child death reporting.--Section 422(b)
of such Act (42 U.S.C. 622(b)), as amended by paragraph (3) of
this subsection, is amended--
(A) by striking ``and'' at the end of paragraph (17);
(B) by striking the period at the end of paragraph
(18) and inserting ``; and''; and
(C) by adding at the end the following:
``(19) contain a description of the sources used to compile
information on child maltreatment deaths required by Federal
law to be reported by the State agency referred to in paragraph
(1), and to the extent that the compilation does not include
information on such deaths from the State vital statistics
department, child death review teams, law enforcement agencies,
or offices of medical examiners or coroners, the State shall
describe why the information is not so included and how the
State will include the information.''.
(c) Child Visitation by Caseworkers.--Section 424 of such Act (42
U.S.C. 624) is amended by striking the 2nd subsection (e), as added by
section 7(b) of the Child and Family Services Improvement Act of 2006,
and inserting the following:
``(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.''.
(d) Technical Correction.--Section 423(b) of such Act (42 U.S.C.
623(b)) is amended by striking ``per centum'' each place it appears and
inserting ``percent''.
SEC. 102. PROMOTING SAFE AND STABLE FAMILIES PROGRAM.
(a) Extension of Funding Authorizations.--
(1) In general.--Section 436(a) of the Social Security Act
(42 U.S.C. 629f(a)) is amended by striking all that follows
``$345,000,000'' and inserting ``for each of fiscal years 2012
through 2016.''.
(2) Discretionary grants.--Section 437(a) of such Act (42
U.S.C. 629g(a)) is amended by striking ``2007 through 2011''
and inserting ``2012 through 2016''.
(b) Targeting of Services to Populations at Greatest Risk of
Maltreatment.--Section 432(a) of such Act (42 U.S.C. 629b(a)) is
amended--
(1) by striking ``and'' at the end of paragraph (8);
(2) by striking the period at the end of paragraph (9) and
inserting ``; and''; and
(3) by adding at the end the following:
``(10) describes how the State identifies which populations
are at the greatest risk of maltreatment and how services are
targeted to the populations.''.
(c) Revised Purposes of Family Support Services and Time-limited
Family Reunification Services.--
(1) Family support services.--Section 431(a)(2) of such Act
(42 U.S.C. 629a(a)(2)) is amended to read as follows:
``(2) Family support services.--
``(A) In general.--The term `family support services'
means community-based services designed to carry out
the purposes described in subparagraph (B).
``(B) Purposes described.--The purposes described in
this subparagraph are the following:
``(i) To promote the safety and well-being of
children and families.
``(ii) To increase the strength and stability
of families (including adoptive, foster, and
extended families).
``(iii) To increase parents' confidence and
competence in their parenting abilities.
``(iv) To afford children a safe, stable, and
supportive family environment.
``(v) To strengthen parental relationships
and promote healthy marriages.
``(vi) To enhance child development,
including through mentoring (as defined in
section 439(b)(2)).''.
(2) Time-limited family reunification services.--Section
431(a)(7)(B) of such Act (42 U.S.C. 629a(a)(7)(B)) is amended
by redesignating clause (vi) as clause (viii) and inserting
after clause (v) the following:
``(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.''.
(d) Uniform Definitions of Indian Tribe and Tribal Organization.--
Section 431(a) of such Act (42 U.S.C. 629a(a)(5) and (6)) is amended by
striking paragraphs (5) and (6) and inserting the following:
``(5) Indian tribe.--The term `Indian tribe' has the meaning
given the term in section 428(c).
``(6) Tribal organization.--The term `tribal organization'
has the meaning given the term in section 428(c).''.
(e) Submission to Congress of State Summaries of Financial Data;
Publication on HHS Website.--Section 432(c) of such Act (42 U.S.C.
629b(c)) is amended--
(1) by striking all that precedes ``shall'' and inserting the
following:
``(c) Annual Submission of State Reports to Congress.--
``(1) In general.--The Secretary''; and
(2) by adding after and below the end the following:
``(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.''.
(f) GAO Report on Multiple Sources of Federal Spending and Family
Access to Services.--Not later than 12 months after the date of
enactment of this Act, the Comptroller General of the United States
shall submit to Congress a report that--
(1) identifies alternative sources of Federal funding that
are being employed by States or other entities for the same
purposes for which funding is provided under subpart 1 or 2 of
part B of title IV of the Social Security Act; and
(2) assesses the needs of families eligible for services
under such program, including identification of underserved
communities and information regarding--
(A) the supports available for caseworkers to
appropriately investigate and safely manage their
caseloads;
(B) the length of the wait time for families to
receive substance abuse and other preventive services;
and
(C) the number of families on waiting lists for such
services and the effect of the delay on healthy,
successful reunification outcomes for such families.
(g) Technical Corrections.--
(1) Section 432(a)(8)(B) of the Social Security Act (42
U.S.C. 629b(a)(8)(B)) is amended in each of clauses (i) and
(ii) by striking ``forms CFS 101-Part I and CFS 101-Part II (or
any successor forms)'' and inserting ``form CFS-101 (including
all parts and any successor forms)''.
(2) Section 433(c)(2) of the Social Security Act (42 U.S.C.
629c(c)(2)) is amended--
(A) in the paragraph heading, by striking ``Food
stamp'' and inserting ``Supplemental nutrition
assistance program benefits''; and
(B) by striking ``benefits benefits'' each place it
appears and inserting ``benefits''.
SEC. 103. GRANTS FOR TARGETED PURPOSES.
(a) Extension of Funding Reservations for Monthly Caseworker Visits
and Regional Partnership Grants.--Section 436(b) of the Social Security
Act (42 U.S.C. 629f(b)) is amended--
(1) in paragraph (4)(A), by striking ``433(e)'' and all that
follows and inserting ``433(e) $20,000,000 for each of fiscal
years 2012 through 2016.''; and
(2) in paragraph (5), by striking ``437(f)'' and all that
follows and inserting ``437(f) $20,000,000 for each of fiscal
years 2012 through 2016.''.
(b) Revision in Use of Monthly Caseworker Visits Grants.--Section
436(b)(4)(B)(i) of such Act (42 U.S.C. 629f(b)(4)(B)) is amended--
(1) by striking ``support'' and insert ``improve the quality
of''; and
(2) by striking ``a primary emphasis'' and all that follows
and inserting ``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.''; and
(c) Reauthorization of Regional Partnership Grants to Assist Children
Affected by Parental Substance Abuse.--
(1) Extension of program.--Section 437(f)(3)(A) of such Act
(42 U.S.C. 629g(f)(3)(A)) is amended by striking ``2007 through
2011'' and inserting ``2012 through 2016''.
(2) Revisions to program.--Section 437(f) of such Act (42
U.S.C. 629g(f)) is amended--
(A) in the subsection heading, by striking
``Methamphetamine or Other'';
(B) in each of paragraphs (1), (4)(A), (7)(A)(i), and
(9)(B)(iii), by striking ``methamphetamine or other'';
(C) in paragraph (3), by striking subparagraph (B)
and inserting the following:
``(B) Required minimum period of approval.--
``(i) In general.--A grant shall be awarded
under this subsection for a period of not less
than 2, and not more than 5, fiscal years,
subject to clause (ii).
``(ii) Extension of grant.--On application of
the grantee, the Secretary may extend for not
more than 2 fiscal years the period for which a
grant is awarded under this subsection.
``(C) Multiple grants allowed.--This subsection shall
not be interpreted to prevent a grantee from applying
for, or being awarded, separate grants under this
subsection.'';
(D) in paragraph (6)(A)--
(i) by striking ``and'' at the end of clause
(ii);
(ii) by striking the period at the end of
clause (iii) and inserting a semicolon; and
(iii) by adding at the end the following:
``(iv) 70 percent for the sixth such fiscal
year; and
``(v) 65 percent for the seventh such fiscal
year.'';
(E) in paragraph (7)--
(i) by striking ``shall--'' and all that
follows through ``(A) take'' and inserting
``shall take'';
(ii) in subparagraph (A)(iv), by striking ``;
and'' and inserting a period;
(iii) by striking subparagraph (B); and
(iv) by redesignating clauses (i) through
(iv) of subparagraph (A) as subparagraphs (A)
through (D), respectively, and moving each of
such provisions 2 ems to the left; and
(F) by adding at the end the following:
``(10) Limitation on use of funds for administrative expenses
of the secretary.--Not more than 5 percent of the amounts
appropriated or reserved for awarding grants under this
subsection for each of fiscal years 2012 through 2016 may be
used by the Secretary for salaries and Department of Health and
Human Services administrative expenses in administering this
subsection.''.
(3) Evaluations.--Not later than December 31, 2012, and not
later than December 31, 2017, the Secretary of Health and Human
Services shall evaluate the effectiveness of the grants awarded
to regional partnerships under section 437(f) of the Social
Security Act (42 U.S.C. 629g(f)) and shall publish a report
regarding the results of each evaluation on the website of the
Department of Health and Human Services. Each report required
to be published under this subsection shall include--
(A) an evaluation of the programs and activities
conducted, and the services provided, with the grant
funds awarded under such section for fiscal years 2007
through 2011, in the case of the evaluation required by
December 31, 2012, and for fiscal years 2012 through
2016, in the case of the evaluation required by
December 31, 2017;
(B) an analysis of the regional partnerships awarded
such grants that have, and have not, been successful in
achieving the goals and outcomes specified in their
grant applications and with respect to the performance
indicators established by the Secretary under paragraph
(8) of such section that are applicable to their grant
awards; and
(C) an analysis of the extent to which such grants
have been successful in addressing the needs of
families with methamphetamine or other 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.
SEC. 104. COURT IMPROVEMENT PROGRAM.
(a) Grant Purposes.--Section 438(a) of the Social Security Act (42
U.S.C. 629h(a)) is amended--
(1) in paragraph (2)--
(A) in subparagraph (A), by striking ``; and'' and
inserting ``, including the requirements in the Act
related to concurrent planning;'';
(B) in subparagraph (B), by adding ``and'' at the
end; and
(C) by adding at the end the following:
``(C) to increase and improve engagement of the
entire family in court processes relating to child
welfare, family preservation, family reunification, and
adoption;''; and
(2) in paragraph (4)--
(A) by inserting ``(A)'' after ``(4)'';
(B) by striking the period and inserting ``; and'';
and
(C) by adding after and below the end the following:
``(B) to increase and improve engagement of the entire family
in court processes relating to child welfare, family
preservation, family reunification, and adoption.''.
(b) Single Grant Application.--Section 438(b)(2) of such Act (42
U.S.C. 629h(b)(2)) is amended to read as follows:
``(2) Single grant application.--Pursuant to the requirements
under paragraph (1) of this subsection, a highest State court
desiring a grant under this section shall submit a single
application to the Secretary that specifies whether the
application is for a grant for--
``(A) the purposes described in paragraphs (1) and
(2) of subsection (a);
``(B) the purpose described in subsection (a)(3);
``(C) the purpose described in subsection (a)(4); or
``(D) the purposes referred to in 2 or more
(specifically identified) of subparagraphs (A), (B),
and (C) of this paragraph.''.
(c) Amount of Grant.--Section 438(c) of such Act (42 U.S.C. 629h(c))
is amended to read as follows:
``(c) Amount of Grant.--
``(1) In general.--With respect to each of subparagraphs (A),
(B), and (C) of subsection (b)(2) that refers to 1 or more
grant purposes for which an application of a highest State
court is approved under this section, the court shall be
entitled to payment, for each of fiscal years 2012 through
2016, from the amount allocated under paragraph (3) of this
subsection for grants for the purpose or purposes, of an amount
equal to $85,000 plus the amount described in paragraph (2) of
this subsection with respect to the purpose or purposes.
``(2) Amount described.--The amount described in this
paragraph for any fiscal year with respect to the purpose or
purposes referred to in a subparagraph of subsection (b)(2) is
the amount that bears the same ratio to the total of the
amounts allocated under paragraph (3) of this subsection for
grants for the purpose or purposes as the number of individuals
in the State who have not attained 21 years of age bears to the
total number of such individuals in all States the highest
State courts of which have approved applications under this
section for grants for the purpose or purposes.
``(3) Allocation of funds.--
``(A) Mandatory funds.--Of the amounts reserved under
section 436(b)(2) for any fiscal year, the Secretary
shall allocate--
``(i) $9,000,000 for grants for the purposes
described in paragraphs (1) and (2) of
subsection (a);
``(ii) $10,000,000 for grants for the purpose
described in subsection (a)(3);
``(iii) $10,000,000 for grants for the
purpose described in subsection (a)(4); and
``(iv) $1,000,000 for grants to be awarded on
a competitive basis among the highest courts of
Indian tribes or tribal consortia that--
``(I) are operating a program under
part E, in accordance with section
479B;
``(II) are seeking to operate a
program under part E and have received
an implementation grant under section
476; or
``(III) has a court responsible for
proceedings related to foster care or
adoption.
``(B) Discretionary funds.--The Secretary shall
allocate all of the amounts reserved under section
437(b)(2) for grants for the purposes described in
paragraphs (1) and (2) of subsection (a).''.
(d) Extension of Federal Share.--Section 438(d) of such Act (42
U.S.C. 629h(d)) is amended by striking ``2002 through 2011'' and
inserting ``2012 through 2016''.
(e) Technical Correction.--Effective as if included in the enactment
of the Safe and Timely Interstate Placement of Foster Children Act of
2006, section 8(b) of such Act (120 Stat. 513) is amended by striking
``438(b) of such Act (42 U.S.C. 638(b))'' inserting ``438(b)(1) of such
Act (42 U.S.C. 629h(b)(1))''.
SEC. 105. DATA STANDARDIZATION FOR IMPROVED DATA MATCHING.
(a) In General.--Part B of title IV of the Social Security Act (42
U.S.C. 621-629i) is amended by adding at the end the following:
``Subpart 3--Common Provisions
``SEC. 440. DATA STANDARDIZATION FOR IMPROVED DATA MATCHING.
``(a) Standard Data Elements.--
``(1) Designation.--The Secretary, in consultation with an
interagency work group established by the Office of Management
and Budget, and considering State perspectives, shall, by rule,
designate standard data elements for any category of
information required to be reported under this part.
``(2) Data elements must be nonproprietary and
interoperable.--The standard data elements designated under
paragraph (1) shall, to the extent practicable, be
nonproprietary and interoperable.
``(3) Other requirements.--In designating standard data
elements under this subsection, the Secretary shall, to the
extent practicable, incorporate--
``(A) interoperable standards developed and
maintained by an international voluntary consensus
standards body, as defined by the Office of Management
and Budget, such as the International Organization for
Standardization;
``(B) interoperable standards developed and
maintained by intergovernmental partnerships, such as
the National Information Exchange Model; and
``(C) interoperable standards developed and
maintained by Federal entities with authority over
contracting and financial assistance, such as the
Federal Acquisition Regulatory Council.
``(b) Data Standards for Reporting.--
``(1) Designation.--The Secretary, in consultation with an
interagency work group established by the Office of Management
and Budget, and considering State government perspectives,
shall, by rule, designate data reporting standards to govern
the reporting required under this part.
``(2) Requirements.--The data reporting standards required by
paragraph (1) shall, to the extent practicable--
``(A) incorporate a widely-accepted, non-proprietary,
searchable, computer-readable format;
``(B) be consistent with and implement applicable
accounting principles; and
``(C) be capable of being continually upgraded as
necessary.
``(3) Incorporation of nonproprietary standards.--In
designating reporting standards under this subsection, the
Secretary shall, to the extent practicable, incorporate
existing nonproprietary standards, such as the eXtensible
Business Reporting Language.''.
(b) Effective Date.--The amendment made by subsection (a) shall take
effect on October 1, 2012, and shall apply with respect to information
required to be reported on or after such date.
SEC. 106. PROVISIONS RELATING TO FOSTER CARE OR ADOPTION.
(a) Educational Stability for Each Foster Placement.--Section
475(1)(G) of the Social Security Act (42 U.S.C. 675(1)(G)) is amended--
(1) in clause (i), by striking ``the placement'' and
inserting ``each placement''; and
(2) in clause (ii)(I), by inserting ``each'' before
``placement''.
(b) Foster Youth ID Theft.--Section 475(5) of such Act (42 U.S.C.
675(5)) is amended--
(1) by striking ``and'' at the end of subparagraph (G);
(2) by striking the period at the end of subparagraph (H) and
inserting ``; and''; and
(3) by adding at the end the following:
``(I) each child in foster care under the
responsibility of the State who has attained 16 years
of age receives without cost a copy of any consumer
report (as defined in section 603(d) of the Fair Credit
Reporting Act) pertaining to the child each year until
the child is discharged from care, and receives
assistance (including, when feasible, from any court-
appointed advocate for the child) in interpreting and
resolving any inaccuracies in the report.''.
(c) Description of Adoption Spending.--Section 473(a)(8) of such Act
(42 U.S.C. 673(a)(8)) is amended by inserting ``, and shall document
how such amounts are spent, including on post-adoption services''
before the period.
(d) Inclusion in Annual Report of Additional Information on Child
Visitation by Caseworkers.--Section 479A(6) of such Act (42 U.S.C.
679b(6)) is amended--
(1) by striking ``and'' at the end of subparagraph (A); and
(2) by redesignating subparagraph (B) as subparagraph (C) and
inserting after subparagraph (A) the following:
``(B) the total number of visits made by caseworkers
on a monthly basis to children in foster care under the
responsibility of the State during a fiscal year as a
percentage of the total number of the visits that would
occur during the fiscal year if each child were so
visited once every month while in such care; and''.
SEC. 107. EFFECTIVE DATE.
(a) In General.--Except as otherwise provided in this title, this
title and the amendments made by this title shall take effect on
October 1, 2011, and shall apply to payments under parts B and E of
title IV of the Social Security Act for calendar quarters beginning on
or after such date, without regard to whether regulations to implement
the amendments are promulgated by 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 subpart 1 of part B, or a State plan
approved under subpart 2 of part B or part E, of title IV of the Social
Security Act to meet the additional requirements imposed by the
amendments made by this title, 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. 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.
TITLE II--CHILD WELFARE DEMONSTRATION PROJECTS
SEC. 201. RENEWAL OF AUTHORITY TO APPROVE DEMONSTRATION PROJECTS
DESIGNED TO TEST INNOVATIVE STRATEGIES IN STATE
CHILD WELFARE PROGRAMS.
Section 1130 of the Social Security Act (42 U.S.C. 1320a-9) is
amended--
(1) in subsection (a)--
(A) by amending paragraph (2) to read as follows:
``(2) Limitation.--During fiscal years 2012 through 2014, the
Secretary may authorize demonstration projects described in
paragraph (1), with not more than 10 demonstration projects to
be authorized in each fiscal year.''.
(B) by striking paragraph (3) and inserting the
following:
``(3) Conditions for state eligibility.--For purposes of a
new demonstration project under this section that is initially
approved in any of fiscal years 2012 through 2014, a State
shall be authorized to conduct such demonstration project only
if the State satisfies the following conditions:
``(A) Identify 1 or more goals.--
``(i) In general.--The State shall
demonstrate that the demonstration project is
designed to accomplish 1 or more of the
following goals:
``(I) Increase permanency for all
infants, children, and youth by
reducing the time in foster placements
when possible and promoting a
successful transition to adulthood for
older youth.
``(II) Increase positive outcomes for
infants, children, youth, and families
in their homes and communities,
including tribal communities, and
improve the safety and well-being of
infants, children, and youth.
``(III) Prevent child abuse and
neglect and the re-entry of infants,
children, and youth into foster care.
``(ii) Long-term therapeutic family treatment
centers; addressing domestic violence.--With
respect to a demonstration project that is
designed to accomplish 1 or more of the goals
described in clause (i), the State may elect to
establish a program--
``(I) to permit foster care
maintenance payments to be made under
part E of title IV to a long-term
therapeutic family treatment center (as
described in paragraph (8)(B)) on
behalf of a child residing in the
center; or
``(II) to identify and address
domestic violence that endangers
children and results in the placement
of children in foster care.
``(B) Demonstrate readiness.--The State shall
demonstrate through a narrative description the State's
capacity to effectively use the authority to conduct a
demonstration project under this section by identifying
changes the State has made or plans to make in
policies, procedures, or other elements of the State's
child welfare program that will enable the State to
successfully achieve the goal or goals of the project.
``(C) Demonstrate implemented or planned child
welfare program improvement policies.--
``(i) In general.--The State shall
demonstrate that the State has implemented, or
plans to implement within 3 years of the date
on which the State submits its application to
conduct the demonstration project or 2 years
after the date on which the Secretary approves
such demonstration project (whichever is
later), at least 2 of the child welfare program
improvement policies described in paragraph
(7).
``(ii) Previous implementation.--For purposes
of the requirement described in clause (i), at
least 1 of the child welfare program
improvement policies to be implemented by the
State shall be a policy that the State has not
previously implemented as of the date on which
the State submits an application to conduct the
demonstration project.
``(iii) Implementation review.--The Secretary
may terminate the authority of a State to
conduct a demonstration project under this
section if, after the 3-year period following
approval of the demonstration project, the
State has not made significant progress in
implementing the child welfare program
improvement policies proposed by the State
under clause (i).'';
(C) in paragraph (5), by inserting ``and the ability
of the State to implement a corrective action plan
approved under section 1123A'' before the period; and
(D) by adding at the end the following:
``(6) Inapplicability of random assignment for control groups
as a factor for approval of demonstration projects.--For
purposes of evaluating an application to conduct a
demonstration project under this section, the Secretary shall
not take into consideration whether such project requires
random assignment of children and families to groups served
under the project and to control groups.
``(7) Child welfare program improvement policies.--For
purposes of paragraph (3)(C), the child welfare program
improvement policies described in this paragraph are the
following:
``(A) The establishment of a bill of rights for
infants, children, and youth in foster care that is
widely shared and clearly outlines protections for
infants, children, and youth, such as assuring frequent
visits with parents, siblings, and caseworkers, access
to attorneys, and participation in age-appropriate
extracurricular activities, and procedures for ensuring
the protections are provided.
``(B) The development and implementation of a plan
for meeting the health and mental health needs of
infants, children, and youth in foster care that
includes ensuring that the provision of health and
mental health care is child-specific, comprehensive,
appropriate, and consistent (through means such as
ensuring the infant, child, or youth has a medical
home, regular wellness medical visits, and addressing
the issue of trauma, when appropriate).
``(C) The inclusion in the State plan under section
471 of an amendment implementing the option under
subsection (a)(28) of that section to enter into
kinship guardianship assistance agreements.
``(D) The election under the State plan under section
471 to define a `child' for purposes of the provision
of foster care maintenance payments, adoption
assistance payments, and kinship guardianship
assistance payments, so as to include individuals
described in each of subclauses (I), (II), and (III) of
section 475(8)(B)(i) who have not attained age 21.
``(E) The development and implementation of a plan
that ensures congregate care is used appropriately and
reduces the placement of children and youth in such
care.
``(F) Of those infants, children, and youth in out-
of-home placements, substantially increasing the number
of cases of siblings who are in the same foster care,
kinship guardianship, or adoptive placement, above the
number of such cases in fiscal year 2008.
``(G) The development and implementation of a plan to
improve the recruitment and retention of high quality
foster family homes trained to help assist infants,
children, and youth swiftly secure permanent families.
Supports for foster families under such a plan may
include increasing maintenance payments to more
adequately meet the needs of infants, children, and
youth in foster care and expanding training, respite
care, and other support services for foster parents.
``(H) The establishment of procedures designed to
assist youth as they prepare for their transition out
of foster care, such as arranging for participation in
age-appropriate extra-curricular activities, providing
appropriate access to cell phones, computers, and
opportunities to obtain a driver's license, providing
notification of all sibling placements if siblings are
in care and sibling location if siblings are out of
care, and providing counseling and financial support
for post-secondary education.
``(I) The inclusion in the State plan under section
471 of a description of State procedures for--
``(i) ensuring that youth in foster care who
have attained age 16 are engaged in
discussions, including during the development
of the transition plans required under
paragraphs (1)(D) and (5)(H) of section 475,
that explore whether the youth wishes to
reconnect with the youth's biological family,
including parents, grandparents, and siblings,
and, if so, what skills and strategies the
youth will need to successfully and safely
reconnect with those family members;
``(ii) providing appropriate guidance and
services to youth whom affirm an intent to
reconnect with biological family members on how
to successfully and safely manage such
reconnections; and
``(iii) making, when appropriate, efforts to
include biological family members in such
reconnection efforts.
``(J) The establishment of one or more of the
following programs designed to prevent infants,
children, and youth from entering foster care or to
provide permanency for infants, children, and youth in
foster care:
``(i) An intensive family finding program.
``(ii) A kinship navigator program.
``(iii) A family counseling program, such as
a family group decision-making program, and
which may include in-home peer support for
families.
``(iv) A comprehensive family-based substance
abuse treatment program.
``(v) A program under which special efforts
are made to identify and address domestic
violence that endangers infants, children, and
youth and puts them at risk of entering foster
care.
``(vi) A mentoring program.
``(8) Definitions.--In this subsection--
``(A) the term `youth' means, with respect to a
State, an individual who has attained age 12 but has
not attained the age at which an individual is no
longer considered to be a child under the State plans
under parts B and E of title IV, and
``(B) the term `long-term therapeutic family
treatment center' means a State licensed or certified
program that enables parents and their children to live
together in a safe environment for a period of not less
than 6 months and provides, on-site or by referral,
substance abuse treatment services, children's early
intervention services, family counseling, legal
services, medical care, mental health services, nursery
and preschool, parenting skills training, pediatric
care, prenatal care, sexual abuse therapy, relapse
prevention, transportation, and job or vocational
training or classes leading to a secondary school
diploma or a certificate of general equivalence.'';
(2) by striking subsection (d) and inserting the following:
``(d) Duration of Demonstration.--
``(1) In general.--Subject to paragraph (2), a demonstration
project under this section may be conducted for not more than 5
years, unless in the judgment of the Secretary, the
demonstration project should be allowed to continue.
``(2) Termination of authority.--In no event shall a
demonstration project under this section be conducted after
September 30, 2019.'';
(3) in subsection (e)--
(A) in paragraph (1), by striking ``(which shall
provide,'' and all that follows before the semicolon;
(B) by striking ``and'' at the end of paragraph (6);
(C) by redesignating paragraph (7) as paragraph (8);
and
(D) by inserting after paragraph (6) the following:
``(7) an accounting of any additional Federal, State, and
local investments made, as well as any private investments made
in coordination with the State, during the 2 fiscal years
preceding the application to provide the services described in
paragraph (1), and an assurance that the State will provide an
accounting of that same spending for each year of an approved
demonstration project; and'';
(4) by redesignating subsection (g) as subsection (h);
(5) by striking subsection (f) and inserting the following:
``(f) Evaluations.--Each State authorized to conduct a demonstration
project under this section shall obtain an evaluation by an independent
contractor of the effectiveness of the project, using an evaluation
design approved by the Secretary which provides for--
``(1) comparison of methods of service delivery under the
project, and such methods under a State plan or plans, with
respect to efficiency, economy, and any other appropriate
measures of program management;
``(2) comparison of outcomes for children and families (and
groups of children and families) under the project, and such
outcomes under a State plan or plans, for purposes of assessing
the effectiveness of the project in achieving program goals;
and
``(3) any other information that the Secretary may require.
``(g) Reports.--
``(1) State reports; public availability.--Each State
authorized to conduct a demonstration project under this
section shall--
``(A) submit periodic reports to the Secretary on the
specific programs, activities, and strategies used to
improve outcomes for infants, children, youth, and
families and the results achieved for infants,
children, and youth during the conduct of the
demonstration project, including with respect to those
infants, children, and youth who are prevented from
entering foster care, infants, children, and youth in
foster care, and infants, children, and youth who move
from foster care to permanent families; and
``(B) post a copy of each such report on the website
for the State child welfare program concurrent with the
submission of the report to the Secretary.
``(2) Reports to congress.--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) periodic reports based on the State reports
submitted under paragraph (1); and
``(B) a report based on the results of the State
evaluations required under subsection (f) that includes
an analysis of the results of such evaluations and such
recommendations for administrative or legislative
changes as the Secretary determines appropriate.''; and
(6) by adding at the end the following:
``(i) Indian Tribes Operating IV-E Programs Considered States.--An
Indian tribe, tribal organization, or tribal consortium that has
elected to operate a program under part E of title IV in accordance
with section 479B shall be considered a State for purposes of this
section.''.
TITLE III--BUDGET PROVISIONS
SEC. 301. BUDGETARY EFFECTS.
The budgetary effects of this Act, for the purpose of complying with
the Statutory Pay-As-You-Go Act of 2010, shall be determined by
reference to the latest statement titled ``Budgetary Effects of PAYGO
Legislation'' for this Act, submitted for printing in the Congressional
Record by the Chairman of the Senate Budget Committee, provided that
such statement has been submitted prior to the vote on passage.
I. Summary and Background
A. PURPOSE AND SUMMARY
The legislation, H.R. 2883 as amended, as ordered reported
by the Committee on Ways and Means on September 14, 2011,
extends and makes modest adjustments to the Stephanie Tubbs
Jones Child Welfare Services and the Promoting Safe and Stable
Families programs, whose authorizations expire on September 30,
2011. To achieve these and other purposes, including renewing
authority for States to obtain cost-neutral waivers of Federal
child welfare law, the bill amends relevant provisions of Title
IV-B of the Social Security Act, as well as child welfare and
waiver provisions in Titles IV-E and XI of the Social Security
Act, respectively.
Specifically, Section 101 of the bill makes changes to the
Child Welfare Services program, adding several requirements to
State plans for that program: to explain how they plan to
respond to emotional trauma of children; to describe protocols
for the use and monitoring of psychotropic medications; to
describe activities designed to reduce time that children under
age five spend without a permanent family; and to describe
information sources used to report child maltreatment deaths
and how any gaps in that data will be filled. Section 101 also
adjusts current Federal child visitation standards for State
caseworkers. Instead of requiring that 90 percent of children
be visited each month to maintain the existing State/Federal
match rate, States must complete 90 percent of all expected
visits, rising to 95 percent in 2015 and later.
Section 102 reauthorizes the Promoting Safe and Stable
Families program for five years, and makes several generally
technical adjustments to that program. For example, it conforms
the definition of tribes and tribal organizations across
programs, and requires an annual HHS report of program spending
by service category.
Section 103 extends the authorization of several set-aside
programs under the Promoting Safe and Stable Families program,
which provide funding for monthly caseworker visits and
regional partnership grants to combat parental substance abuse,
among other changes.
Section 104 extends for five years the Court Improvement
Program within the Promoting Safe and Stable Families program,
while maintaining program funding at the current $30 million
annual level. It highlights activities related to concurrent
planning and involving families in child welfare court
proceedings, while easing administration by allowing States to
submit one instead of as many as three applications for program
funds. A set-aside for Indian tribes or tribal consortia is
authorized.
Section 105 directs the Secretary of Health and Human
Services (HHS) to develop standard data elements for child
welfare services programs, designed to ease program
administration, improve program accountability, and ultimately
improve the services provided to program participants.
Section 106 makes several modest adjustments to foster care
and adoption assistance programs. For example, it specifies
that promoting educational stability is a goal for each foster
care placement, requires States to provide older foster youth a
free copy of their credit report and help in resolving any
inaccuracies, and requires States to document program spending
as the expanded eligibility of children for Federal adoption
assistance payments phases in through FY 2018, including a
requirement to report on spending on post-adoption services.
Section 107 makes changes in Title I of the legislation
effective on October 1, 2011, but permits delays if State
legislation is required to meet requirements under the
legislation.
Title II of the legislation renews child welfare waiver
authority for fiscal years 2012 through 2014. During each of
those years, HHS could approve up to 10 new waiver
applications, for programs lasting generally up to 5 years, but
all demonstration projects must be completed by the end of
fiscal year 2019. Among other conditions, States receiving
waivers must demonstrate that they have implemented or plan to
implement at least two child welfare improvement policies
specified in the bill. Those policies range from establishing a
foster care bill of rights to operating a kinship guardianship
program to increasing the number of sibling placements, among
other options specified in the legislation.
Title III of the legislation provides a statement of
budgetary effects.
B. BACKGROUND AND THE NEED FOR LEGISLATION
On September 12, 2011, Rep. Geoff Davis (R-KY), Chairman of
the Subcommittee on Human Resources of the House Committee on
Ways and Means, and Rep. Lloyd Doggett (D-TX), Ranking Member
of the Subcommittee on Human Resources of the House Committee
on Ways and Means, introduced H.R. 2883, the ``Child and Family
Services Improvement and Innovation Act,'' a bill to amend
Title IV-B of the Social Security Act to extend certain child
and family services programs through fiscal year 2016, and for
other purposes. The Committee on Ways and Means received the
referral for the bill because the bill includes child welfare
provisions that fall within the jurisdiction of the Committee,
including relevant provisions of the Social Security Act. The
Committee found the changes appropriate to ensure that families
have the needed support so children can safely remain with
their own parents or be supported by other caretaker adults,
among other purposes.
C. LEGISLATIVE HISTORY
Background
H.R. 2883 was introduced on September 12, 2011, and was
referred to the Committee on Ways and Means.
Related prior legislation includes H.R. 2790, a bill
extending child welfare services programs, which was introduced
by Human Resources Subcommittee Chairman Davis (R-GA) and
Ranking Member Doggett (D-TX) on August 2, 2011, and H.R. 1194,
a bill to extend child welfare waiver authority, which was
introduced by Human Resources Subcommittee Member McDermott (D-
WA) and Subcommittee Chairman Davis (R-KY) on March 17, 2011
and which was approved by the House on May 31, 2011 by a voice
vote.
Committee action
The Committee on Ways and Means marked up H.R. 2883 on
September 14, 2011, and ordered the bill as amended favorably
reported, by a voice vote.
Committee hearings
On July 12, 2011, the Subcommittee on Human Resources of
the Committee on Ways and Means held a hearing on child deaths
due to maltreatment. On June 16, 2011, the Subcommittee on
Human Resources of the House Committee on Ways and Means held a
hearing on improving programs designed to protect at-risk
youth. On March 11, 2011, the Subcommittee on Human Resources
of the House Committee on Ways and Means held a hearing on the
use of data matching to improve customer service, program
integrity, and taxpayer savings.
II. Explanation of the Bill
A. EXTENSION OF STEPHANIE TUBBS JONES CHILD WELFARE SERVICES PROGRAM
(SEC. 101 OF THE BILL AND PART B OF TITLE IV OF THE SOCIAL SECURITY
ACT)
Present law
The Stephanie Tubbs Jones Child Welfare Services (hereafter
Child Welfare Services) program authorizes formula grants to
States. The primary purpose of these funds is--through the
provision of services to children and their families--to
protect and promote the welfare of all children; prevent child
abuse and neglect; permit children to remain in their own
homes, or to return to those homes whenever it is safe and
appropriate; promote safety, permanency, and well-being for
children in foster care or those in adoptive families; and
provide training, professional development, and support to
ensure a well-qualified child welfare workforce.
The program is authorized to receive discretionary
appropriations of up to $325 million in each of Fiscal Year
2007 through Fiscal Year 2011. For Fiscal Year 2011, it
received $281 million.
As part of its Child Welfare Services plan, each State must
develop a health oversight plan to identify and respond to the
health and mental health care needs of children in foster care.
The plan must outline certain procedures as now listed in law.
Under Federal law, State child welfare agencies are
required--to the maximum extent practicable--to report annually
to the U.S. Department of Health and Human Services (HHS) on
the number of deaths in the State due to child abuse or
neglect.
Beginning with Fiscal Year 2007, States were required to
report data to HHS on the percentage of children in foster care
who received a visit from their caseworker at least once in
each month they were in care and to take steps to ensure that,
as of October 1, 2011, no less than 90% of those children
receive a caseworker visit in each month they are in care.
Further, beginning with FY2008, States were required to
establish annual target percentages (as approved by HHS) to
ensure that they reach this standard.
A State's percentage of monthly caseworker visits is
calculated by dividing the number of children in foster care
who received a visit in each month they were in care during the
fiscal year by the total number of children in care during that
same fiscal year.
States are required to provide non-Federal funding of no
less than 25% of total program costs in order to receive their
full allotment of Federal funds under the Child Welfare
Services program. However, States that fail to meet their
annual target percentage of children in foster care who are
visited on a monthly basis are subject to reduced Federal cost-
sharing under the program. The amount of this reduction ranges
from 1 percentage point to 5 percentage points, depending on
the degree of failure by the State to meet its target
percentage for monthly caseworker visits. Specifically, a State
that failed to meet that target percentage by less than 10 full
percentage points is required to provide no less than 26% of
total program costs in non-Federal funds to receive its full
Federal allotment of Child Welfare Services funds; a State that
missed that target percentage by at least 10 but less than 20
full percentage points is required to provide no less than 28%
of the total program costs; and a State that missed its target
percentage by 20 full percentage points or more must provide no
less than 30% of total program costs.
States are required to ensure that, as of October 1, 2011,
a majority of the monthly caseworker visits with children in
foster care occur where the child lives.
Finally, there is currently no provision in current law
addressing the developmental needs of young children.
Reasons for change
H.R. 2883 would extend the current Child Welfare Services
program for five years, while strengthening it in several key
ways. Under this bill, States are expected to provide
additional information in their State plans on how they will
address emotional trauma of children, and address the
developmental needs of the youngest children in care. States
also must ensure the proper oversight of psychotropic
medications provided to children in foster care, which has been
an ongoing concern in recent years and the subject of several
Human Resources Subcommittee hearings. The legislation also
responds to concerns about incomplete data on the number of
children who die each year due to maltreatment, by requiring
States to describe how they currently report such data and how
they intend to provide more complete and accurate data in the
future. Finally, this provision improves the calculation of
caseworker visits of children, while raising from 90 to 95
percent the target rate for such visits, among other changes.
Explanation of provision
H.R. 2883 would extend funding authorization for this
program for five years (FY2012-FY2016) at the current law
level.
As part of their health oversight plan for children in
foster care, States would additionally be required to (1)
outline how identified emotional trauma, associated with a
child's maltreatment and removal from home, will be monitored
and treated; and (2) include protocols for the appropriate use
and monitoring of psychotropic medications.
H.R. 2883 would require each State, as part of its Child
Welfare Services plan, to describe the activities it undertakes
to address the developmental needs of children that it serves
who are four years of age or younger; and to reduce the length
of time these young children spend without a permanent family.
H.R. 2883 would require each State, as part of its Child
Welfare Services plan, to describe the sources it uses to
compile this information on deaths due to child abuse or
neglect and, if certain specified sources are not included,
would further require States to describe why this is the case
and how those sources of information will be included.
Specified information sources are State vital statistics
departments, child death review teams, law enforcement
agencies, and offices of medical examiners or coroners.
For Fiscal Year 2012 through Fiscal Year 2014, each State
would be required to ensure that it completed no fewer than 90%
of required monthly caseworker visits; for Fiscal Year 2015,
and for every subsequent year, each State would be required to
ensure that it made no fewer than 95% of those visits.
A State's percentage of children visited on a monthly basis
would be calculated by dividing the number of caseworker visits
made on a monthly basis during the fiscal year by the total
number of monthly caseworker visits required during that same
fiscal year.
States that failed to complete at least 90% of the required
monthly caseworker visits in each of Fiscal Year 2012 through
Fiscal Year 2014, and at least 95% of those visits for Fiscal
Year 2015 and every subsequent year, would be subject to
reduced Federal cost-sharing under the Child Welfare Services
program. As under current law, the amount of this reduction
would range from 1 percentage point to 5 percentage points,
depending on the degree of failure by the State to meet its
target monthly caseworker visit percentage.
States would be required to ensure that no less than 50% of
caseworker visits with children in foster care occur where the
child lives. States that failed to meet the 50% target for
Fiscal Year 2012 and every subsequent year would be subject to
reduced Federal cost-sharing under the Child Welfare Services
program. The amount of this reduction would range from 1
percentage point to 5 percentage points, depending on the
degree of failure by the State to meet this requirement.
Effective date
October 1, 2011, or later if State implementing legislation
is required (see Section 107).
B. EXTENSION OF PROGRAM TO PROMOTE SAFE AND STABLE FAMILIES (SECTION
102 OF THE BILL AND PART B OF TITLE IV OF THE SOCIAL SECURITY ACT)
Present law
The Promoting Safe and Stable Families Program (hereafter
the Safe and Stable program) authorizes formula grants to
States for provision of family support, family preservation,
time-limited reunification, and adoption promotion and support
services. In addition, certain funds appropriated for the Safe
and Stable program must be reserved for grants under the Court
Improvement Program and for other purposes, including grants to
support monthly caseworker visits, and grants to regional
partnerships.
For each of Fiscal Year 2007 through Fiscal Year 2010, the
Safe and Stable program was authorized to receive $345 million
in mandatory funds. For Fiscal Year 2011, it is authorized to
receive $365 million in mandatory funds.
For Fiscal Year 2007 through Fiscal Year 2011, the Safe and
Stable program is additionally authorized to receive up to $200
million annually in discretionary appropriations. For Fiscal
Year 2011, Congress provided $63 million in discretionary
appropriations for the program.
One purpose of the Safe and Stable program is to ``prevent
child maltreatment among families at risk through the provision
of supportive family services.''
States are required to spend significant portions of their
Safe and Stable program funds on each of four defined
categories of services, one of which is family support
services. Those services are defined as community-based
services intended to: promote the safety and well-being of
children and families; increase the strength and stability of
families (including adoptive, foster, and extended families);
increase parents' confidence and competence in their parenting
abilities; afford children a safe, stable, and supportive
family environment; strengthen parental relationships and
promote healthy marriages; and enhance child development.
As part of the Mentoring Children of Prisoners program, the
term ``mentoring'' is defined as 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 needs for
involvement with a caring and supportive adult who provides a
positive role model.''
States are required to spend significant portions of their
Safe and Stable program funds on each of four defined
categories of services, one of which is time-limited family
reunification services. These are services and activities
intended to safely permit a child and his/her parent(s) to be
reunited within the first 15 months after the child was removed
from the parent's home (and placed in foster care). Those
services and activities are stipulated as counseling, substance
abuse treatment, assistance to address domestic violence,
services to provide temporary child care (including crisis
nurseries), and transportation to and from any of these
services.
For purposes of the Title IV-B, Subpart 1 Child Welfare
Services program the terms ``Indian tribe'' and ``tribal
organization'' have the meanings given them in Section 4 of the
Indian Self-Determination and Education Assistance Act. In
general, that Act defines ``Indian tribe'' as any Federally
recognized Indian tribe including Alaska Native Villages.
Further it generally defines a ``tribal organization'' as the
``recognized governing body'' of an Indian tribe and certain
other legally established organizations.
For purposes of the Title IV-B, Subpart 2 Safe and Stable
program an ``Indian tribe'' has the meaning given it under the
prior law Title IV-F JOBS program; (that program was repealed
in 1996). In general, that definition includes any Federally
recognized tribe that has a reservation, public domain
allotments, or is in Oklahoma and formerly had a reservation.
Further `` tribal organization'' is defined as the ``recognized
governing body'' of any Indian tribe.
As of June 30 of each year, and as part of their Safe and
Stable program plan, States must provide to HHS information on
planned and actual spending for child welfare-related child and
family services and on the numbers of children and families
served among other things. The information is to be submitted
on standard forms. HHS, in turn, is required to compile these
financial reports made by States and, not later than September
30 of each year, submit the compilation to the House Ways and
Means Committee and the Senate Finance Committee.
Reasons for change
H.R. 2883 would extend the current Promoting Safe and
Stable Families program for five years, while strengthening it
in several key ways. For example, States are expected to
describe how they will target program services to populations
at the greatest risk of maltreatment, and mentoring, among
other services, are explicitly added to the types of services
program funds may support. To simplify program administration,
the same definition of Indian tribe and tribal organization as
is already used in the Child Welfare Services program will
apply. Additional information about program spending by service
category will be made available to Congress and the public each
year, among other reports.
Explanation of provision
H.R. 2883 would authorize annual mandatory funding for the
Safe and Stable program of $345 million for each of five years
(Fiscal Year 2012 through Fiscal Year 2016).
H.R. 2883 would extend this current annual discretionary
funding authorization of $200 million for five years (Fiscal
Year 2012 through Fiscal Year 2016).
H.R. 2883 would require each State, as part of its Safe and
Stable program plan, to describe how it identifies which
populations are at greatest risk of maltreatment and how
services are targeted to the populations.
H.R. 2883 would reorganize and restate the current law
definition of family support services, maintaining all current
provisions but adding that as part of enhancing a child's
development, a State may provide mentoring services. The bill
further stipulates that the definition of ``mentoring'' would
be as it is currently defined in the Mentoring Children of
Prisoners program.
H.R. 2883 would add the following services and activities
to the definition of time-limited family reunification
services: peer-to-peer mentoring and support groups for parents
and primary caregivers; and services and activities designed to
facilitate access to and visitation of children in foster care
by parents and siblings.
H.R. 2883 would provide that, for purposes of the Safe and
Stable program, ``Indian tribe'' and ``tribal organization''
would be defined in the same way that they are now defined in
the Child Welfare Services program (i.e., the definitions given
in Section 4 of the Indian Self-Determination and Education
Assistance Act).
H.R. 2883 would further stipulate that HHS must include in
this compilation both individual State reports as well as
tables that--for each element the State is required to include
in these reports--show national totals derived from the
reports, including national totals related to planned and
actual spending by service category for the Safe and Stable
program and planned spending by service category for the Child
Welfare Services program. In addition to providing these
reports to the House Ways and Means Committee and the Senate
Finance Committee by September 30 of each year, HHS also would
be required (by that same date) to publish the compiled
information on the agency's website in a location easily
accessible to the public.
H.R. 2883 would require the Government Accountability
Office (GAO) to submit a report to Congress not later than 12
months after enactment of this bill that: (1) Identifies
alternative sources of Federal funding that States or other
entities use to support the same purposes that are supported by
any Federal funds provided under Title IV-B, including those
under the Child Welfare Services and Safe and Stable programs;
and (2) Assesses the needs of families eligible for such
services and programs, including identifying underserved
communities, and providing information on supports for
caseworkers to manage their caseloads in a safe and appropriate
manner, the length of time families wait to receive substance
abuse and other preventive services, the number of families
waiting for such services, and the effect of the delay on
healthy, successful reunification outcomes for families.
Effective date
October 1, 2011, or later if State implementing legislation
is required (see Section 107).
C. GRANTS FOR TARGETED PURPOSES (SEC. 103 OF THE BILL AND PART B OF
TITLE IV OF THE SOCIAL SECURITY ACT)
Present law
Out of the mandatory funds provided for the Safe and Stable
program from Fiscal Year 2006 through Fiscal Year 2011, a total
of $95 million was reserved for formula grants to States to
support monthly caseworker visits, including $20 million in
each of Fiscal Year 2010 and Fiscal Year 2011.
States are required to use these grant funds to support
monthly caseworker visits with children who are in foster care,
with a primary emphasis on activities designed to improve
caseworker retention, recruitment, training and ability to
access the benefits of technology.
Out of the mandatory funds provided for the Safe and Stable
program from Fiscal Year 2007 through Fiscal Year 2011, a total
of $145 million was reserved for competitive grants to regional
partnerships (to improve outcomes of children affected by
parental substance abuse), including $20 million in each of
Fiscal Year 2010 and Fiscal Year 2011.
Present law requires HHS to make competitive grants to
regional partnerships for each of Fiscal Year 2007 through
Fiscal Year 2011.
Regional partnership grants are made for the purpose of
improving the safety, permanence, and wellbeing of children who
are in foster care, or who are at risk of placement in foster
care, as a result of their parent or caretaker's abuse of
methamphetamine or other substances. The grant authority
contains numerous specific references to parents' abuse of
methamphetamine, including in the section heading, application
requirements for regional partnerships, factors HHS must
consider when awarding grants, and in the annual report HHS is
required to make to Congress on these grants.
HHS may award grants to regional partnerships for not less
than two years and not more than five years.
A regional partnership must provide non-Federal matching
funds of no less than 15% of the project costs in the first and
second year; no less than 20% in any third or fourth years of
the project; and no less than 25% in any fifth year of the
project.
HHS is required to prepare annual reports for Congress on--
(1) the services provided and activities conducted with the
funds provided to regional partnerships; (2) performance
indicators established to assess the performance of those
partnerships; and (3) the progress made in achieving the
grant's purposes.
Finally, there is no provision in current law limiting
Federal administrative spending.
Reasons for change
The authorization of grants specifically for monthly
caseworker visits and addressing parental substance abuse is
extended and amended. In the case of monthly caseworker visits,
the legislation increases the focus on improving caseworker
decision-making to better protect children. In the case of
grants to address parental substance abuse, the legislation
broadens the focus of these grants by removing the current
priority on methamphetamine, promoting additional flexibility
to focus on the greatest need, and administrative funds are
capped at 5 percent, among other changes. To improve
accountability, evaluation reports about the effectiveness of
substance abuse grants are expected in CYs 2012 and 2017.
Explanation of provision
Out of the mandatory funds provided for the Safe and Stable
program, H.R. 2883 would reserve $20 million for the monthly
caseworker grants in each of five years (Fiscal Year 2012
through Fiscal Year 2016).
H.R. 2883 would require States to use these grant funds to
improve the quality of monthly caseworker visits with children
in foster care with an emphasis on improving caseworker
decision-making on the safety, permanency, and well-being of
children in foster care and on activities designed to increase
retention, recruitment, and training of caseworkers.
Out of the mandatory funds provided for the Safe and Stable
program, H.R. 2883 would reserve $20 million for regional
partnership grants in each of five years (Fiscal Year 2012
through Fiscal Year 2016).
H.R. 2883 would require HHS to make these grants to
regional partnerships for each of Fiscal Year 2012 through
Fiscal Year 2016.
In general, H.R. 2883 would retain current law focus on
improving safety, permanence, and well-being outcomes of
children affected by their parent's substance abuse but would
strike all the specific references to ``methamphetamine'' and
would eliminate the requirement that HHS give additional weight
to applications that give specific attention to methamphetamine
abuse.
H.R. 2883 would retain this general grant duration but
would also stipulate that HHS may extend the length of a grant
made to a regional partnership for a maximum of two additional
years (e.g., a regional partnership that received an initial
five-year grant could apply for a two year extension and, if
approved, its total grant period would be seven years.) The
legislation would additionally clarify that any regional
partnership may apply for, and be awarded, more than one grant.
H.R. 2883 would further stipulate that for any grant
extended to a sixth year, a regional partnership must provide
non-Federal matching funds of no less than 30% of the project
costs and for any grant extended to a seventh year, no less
than 35% of the project costs.
H.R. 2883 would stipulate that HHS may use not more than
five percent of the amounts reserved (or otherwise
appropriated) for regional partnership grants (for each of
Fiscal Year 2012 through Fiscal Year 2016) for salaries and
agency administrative expenses related to administering the
grants.
H.R. 2883 would retain the current annual report
requirement but would additionally stipulate that HHS must
evaluate the effectiveness of the regional partnership grants
and publish the results of the evaluation on its website in two
reports, the first not later than December 31, 2012 and the
second not later than December 31, 2017.
Both reports must evaluate the programs and activities
conducted and services provided under the regional partnership
grant program with the first report focusing on funds awarded
to regional partnerships in Fiscal Year 2007 through Fiscal
Year 2011 and the second report focusing on awards made for
Fiscal Year 2012 through Fiscal Year 2016. Both evaluation
reports must also include an analysis of: the grantees that
were successful in achieving the goals in the application, and
those that were not; grantees' achievements related to
applicable performance indicators established by HHS to assess
their work; the success of the regional partnership grants in
addressing the needs of child-welfare-involved families who
have methamphetamine or other substance abuse problems; and the
success of the grants in achieving the goals of child safety,
permanency and family stability.
Effective date
October 1, 2011, or later if State implementing legislation
is required (see Section 107).
D. COURT IMPROVEMENT PROGRAM (SEC. 104 OF THE BILL AND PART B OF TITLE
IV OF THE SOCIAL SECURITY ACT)
Present law
HHS is required to make grants to the highest court in each
State to enable those courts to (1) Conduct assessments of how
they handle child welfare proceedings and to make improvements
based on those assessments, including, providing for children's
safety, permanence, and well-being as set forth in the Adoption
and Safe Families Act (ASFA); (2) Ensure children's safety,
permanence, and well-being needs are met in a timely and
complete manner (through better collection and analysis of
data); and (3) Provide for training of judges, attorneys, and
legal personnel in child welfare cases.
Each State's highest court may receive grants for each of
the three purposes (described above) but must submit a separate
application for each purpose for which they wish to receive
funds. Certain application requirements apply to all grants and
certain application requirements apply only to the grants to
support better data collection and analysis, or to the training
grants.
For each of Fiscal Year 2006 through Fiscal Year 2011, a
highest State court was entitled to a base allotment of $85,000
for each Court Improvement Program grant application it
successfully submitted in a given year, plus a portion of any
remaining funds provided for the specific grant (based on the
share of individuals under the age of 21 in its State compared
to all individuals under that age in every State where the
highest court has an approved Court Improvement Program
application for that kind of Court Improvement Program grant.)
This means, for example, that a highest State court that
successfully submitted three grant applications received a base
allotment of $255,000 plus a portion of the remaining grant
funds that was specified for each of the three grants.
Thirty million dollars in mandatory Promoting Safe and
Stable funds are reserved for the Court Improvement Program
plus 3.3% of any discretionary funding provided to the program.
The Fiscal Year 2011 funding reserved totaled $32 million. The
statute divided those funds as follows: Out of the mandatory
funds reserved for court improvement--$10 million was provided
for basic grants (related to the purposes of conducting
assessments and making improvements to court handling of child
welfare cases); $10 million was for data grants (related to
improving outcomes for children through better collection and
analysis of data); and $10 million was for training grants
(related to training court personnel in child welfare cases).
All funds reserved out of any discretionary appropriations
for the Promoting Safe and Stable Families program were
provided for purposes associated with the basic grants.
For each of Fiscal Year 2002 through Fiscal Year 2011, a
highest State court must provide non-Federal funds to support
no less than 25% of the total Court Improvement Program
activities.
Under current law, tribes do not receive Court Improvement
Program funds.
Reasons for change
The legislation extends current funding for the Court
Improvement Program, while easing program administration by
allowing States to submit a single grant application and adding
a program focus on improving engagement of the entire family,
among other changes. The legislation also allows tribes to
apply for and receive funding through the Court Improvement
Program.
Explanation of provision
H.R. 2883 would amend the purpose related to conducting
assessments and making improvements to specifically highlight
the ASFA requirements for concurrent planning (i.e., moving a
child toward permanence via the child).
In addition it would add a new purpose--to increase and
improve engagement of the entire family in court processes
relating to child welfare, family preservation, family
reunification and adoption. This new purpose would be
associated with both the basic Court Improvement Program grants
(related to conducting assessments and making improvements) and
with those related to training of court personnel in child
welfare cases.
H.R. 2883 would provide that a court need only submit a
single application to receive funds associated with one or more
Court Improvement Program purposes. The court would need to
indicate in their application for which one or more of the
specific purposes the application was being made and would be
required to meet any current law application requirements
related to receiving funds for a given purpose.
For each of Fiscal Year 2012 through Fiscal Year 2016, H.R.
2883 would entitle a highest State court to the same allotment
of funds based on the number of purposes (maximum of three) it
included in its single application. This means, for example,
that a highest State court with a successful single application
requesting funds for all three purposes would continue to be
entitled to a base allotment of $255,000 plus a portion of
remaining grant funds that was specified for each of the three
purposes.
H.R. 2883 would maintain the current level of funding
reserved ($30 million in mandatory funds plus 3.3% of any
discretionary Safe and Stable funding). The legislation would
divide those funds (for each of Fiscal Year 2012 through Fiscal
Year 2016) as follows: Out of the mandatory funds reserved for
court improvement: $9 million would be provided for basic
program purposes (including for conducting assessments and
making improvements to child welfare proceedings and for
increasing engagement of families in those processes); $10
million would be provided for purposes related to improved
collection and use of data; $10 million would be provided for
training purposes (related to training court personnel in child
welfare cases and increasing engagement of families); and $1
million would be provided for competitive grants to highest
tribal courts.
As under current law, all funds reserved out of any
discretionary appropriations made for the Promoting Safe and
Stable Families program are reserved for the basic purposes of
the Court Improvement Program (including for conducting
assessments and making improvements to child welfare
proceedings and for increasing engagement of families in those
processes).
H.R. 2883 would make certain tribal courts eligible for
Court Improvement Program grants. Courts eligible to compete
for these program funds would be the highest courts of an
Indian tribe or tribal consortia that (1) is operating an
approved Title IV-E Foster Care and Adoption Assistance
Program; (2) has been awarded a tribal implementation grant
(indicating that it is seeking to implement a Title IV-E plan);
or (3) has a court responsible for proceedings related to
foster care or adoption.
H.R. 2883 would extend this same cost sharing provision for
State highest courts for each of Fiscal Year 2012 through
Fiscal Year 2016.
Effective date
October 1, 2011, or later if State implementing legislation
is required (see Section 107).
E. DATA STANDARDIZATION FOR IMPROVED DATA MATCHING (SEC. 105 OF THE
BILL AND PART B OF TITLE IV OF THE SOCIAL SECURITY ACT)
Present law
Title IV-B of the Social Security Act authorizes two State
formula grant programs, the Child Welfare Services program
(Subpart 1), and the Promoting Safe and Stable Families program
(Subpart 2). In addition (or as part of those programs) it
authorizes, in those same subparts, several competitive grant
programs or funding streams under which grantees (which may be
public or private) are required to report data. These include
Family Connection Grants, Regional Partnership Grants (under
the Safe and Stable program) and Mentoring Children of
Prisoners grants.
Reasons for change
The Committee believes the programs within its jurisdiction
should, from an information technology standpoint, operate
consistently within and across programs. By beginning the
process of data standardization and the use of common reporting
mechanisms in this section, the Committee is achieving three
goals: better preventing and identifying fraud and abuse;
ensuring appropriate access; and producing program savings for
U.S. taxpayers.
The Subcommittee on Human Resources, in its March 11, 2011
hearing on the use of data matching to improve customer
service, program integrity, and taxpayer savings, received
testimony in support of consistent data standards that are non-
proprietary and promote the interoperability of data across
various information technology platforms, including State
legacy systems. The hearing confirmed that not only are
programs within the Subcommittee's jurisdiction in silos, but
so is the accompanying data. Improved data standards will help
increase the efficiency of data exchanges to use and reuse data
within and across programs.
Therefore, the Committee believes that non-proprietary,
interoperable data standards in child and family services
programs are the first step to better organizing and using data
to address fraud and abuse and increase administrative
efficiency. This process will have the additional important
benefit of improving the services these programs provide to
children and families.
Explanation of provision
Under a new Subpart 3, the legislation would require HHS to
issue a rule designating standard data elements for any
category of information required to be reported under Title IV-
B and would also require the agency to develop a rule providing
for standard data reporting under Title IV-B. The rules would
need to be developed by HHS in consultation with an interagency
workgroup established by the Office of Management and Budget
(OMB) and with consideration of State perspectives.
To the extent practicable, the standard data elements
required by the rule would need to be non-proprietary; permit
data to be exchanged and used (i.e., interoperable); and
incorporate the interoperable standards developed and
maintained by other recognized bodies (as named in the bill).
To the extent practicable, the data reporting standards
required by the rule would need to incorporate a widely-
accepted, non-proprietary, searchable, computer-readable
format; be consistent with and implement applicable accounting
principles; be capable of being continually upgraded as
necessary; and incorporate existing nonproprietary standards,
such as the eXtensible Business Reporting Language.
Effective date
The provision becomes effective on October 1, 2012.
F. PROVISIONS RELATING TO FOSTER CARE OR ADOPTION (SECTION 106 OF THE
BILL AND PART E OF TITLE IV OF THE SOCIAL SECURITY ACT)
Present law
Present law requires that a State have a written education
stability plan for each child in foster care that includes
assurances that the child's placement in foster care takes into
account the appropriateness of the current educational setting
and the proximity to the school where the child is enrolled at
the time of the placement. Present law also requires that the
State child welfare agency coordinate with appropriate local
educational agencies to ensure that the child remains in the
school in which he/she is enrolled at the time of placement or,
if this is not in the child's best interest, that the child is
provided immediate and appropriate enrollment in a new school
with all of his/her educational records supplied to that
school.
States are required to have procedures in place to
periodically review the status of each child in foster care,
including procedures to address a range of requirements
stipulated in statute. The Fair Credit Reporting Act defines
what kind of information may (and may not) be included in a
credit report (``consumer report'') and also grants each
consumer the right to at least one free consumer report
annually.
States are required to enter into an adoption assistance
agreement with the adoptive parents of any child that the State
determines has ``special needs.'' Not all children determined
to have special needs are currently Title IV-E eligible.
However, beginning with Fiscal Year 2010, expanded eligibility
for Title IV-E adoption assistance is being phased in so that
as of Fiscal Year 2018, any adopted child who is determined by
a State to have ``special needs'' will be eligible for this
assistance. States are required to spend any savings they
realize, due to this expanded Federal eligibility criteria, on
child welfare-related child and family services (authorized
under Title IV-B or Title IV-E), which include post-adoption
services.
HHS must submit an annual report to Congress that shows the
performance of each State on certain child welfare outcome
measures. Beginning with the report for Fiscal Year 2007, the
report must include State-by-State data on the percentage of
children in foster care who were visited on a monthly basis by
their caseworker and the percentage of those monthly caseworker
visits that took place where the child lived.
Reasons for change
The legislation reinforces the Committee's longstanding
interest in promoting the educational stability of youth in
foster care by ensuring that educational stability is a goal of
each placement involving foster youth, and not just their first
placement. To combat identity theft involving foster youth, the
legislation expects States to obtain a free credit report for
older youth in care, to share that with the youth, and to
assist the youth in resolving any inaccuracies in his or her
credit report, which if unresolved would hinder his or her
successful transition to adulthood. The legislation also
reinforces the Committee's interest in ensuring that any
savings resulting from expanded Federal eligibility for
adoption assistance are reinvested in child welfare services.
Explanation of provision
H.R. 2883 would amend current law to ensure that
educational stability planning provisions apply to a child's
initial placement in foster care as well as any subsequent
placements during the child's stay in foster care.
H.R. 2883 would add that a State's case review system must
include procedures to ensure that each youth in foster care who
is age 16 or older receives a copy of his/her credit report
each year until he or she is discharged from care. The report
would need to be provided without cost to the youth and the
State would need to ensure that the youth received assistance
in interpreting the report and resolving any inaccuracies in
the report, (including, when possible, assistance from any
court-appointed advocate for the child).
H.R. 2883 would require each State to document how it spent
any adoption assistance savings that results from this expanded
Federal eligibility, including spending on post-adoption
services. The bill would additionally require this report to
include State-by-State data on the number of monthly caseworker
visits each State completed as a share of its total required
monthly caseworker visits.
Effective date
October 1, 2011, or later if State implementing legislation
is required (see Section 107).
G. EFFECTIVE DATE (SEC. 107 OF THE BILL AND PART B OF TITLE IV OF THE
SOCIAL SECURITY ACT)
Present law
Not applicable.
Reason for change
This section provides an effective date for several
sections of Title I of the legislation.
Explanation of provision
Except for the data standardization provisions, (which have
an October 1, 2012 effective date), the amendments made by
Title I of this bill would generally be effective on October 1,
2011. They would apply to payments under Title IV-B or Title
IV-E beginning with the first quarter of Fiscal Year 2012
without regard to whether regulations implementing the
amendments are promulgated by that date. However, if HHS were
to determine that a State needed to pass legislation (other
than an appropriations act) to allow a State to come into
compliance with a plan requirement(s) added by the bill, a
State may have additional limited time (specified in the bill)
to come into compliance.
H. RENEWAL OF AUTHORITY TO APPROVE DEMONSTRATION PROJECTS DESIGNED TO
TEST INNOVATIVE STRATEGIES IN STATE CHILD WELFARE PROGRAMS (SECTION 201
OF THE BILL AND TITLE XI OF THE SOCIAL SECURITY ACT)
Present law
HHS may waive certain requirements of Title IV-B and Title
IV-E to permit a State to conduct a child welfare demonstration
project. For each of Fiscal Year 1998 through March 31, 2006,
HHS was authorized to annually grant such waivers for as many
as ten demonstration (a.k.a. ``waiver'') projects annually.
A demonstration project may not be conducted for more than
five years unless the Secretary of HHS determines that it
should continue beyond five years.
HHS may not approve a State to conduct a child welfare
demonstration project if that State fails to provide health
insurance coverage to any child with special needs for whom the
State has an agreement in place with the child's adoptive
parents to provide adoption assistance.
If an appropriate application for such a project is
received, HHS must consider authorizing child welfare
demonstration projects that identify and address barriers to
timely adoptions out of foster care; identify and address
parental substance abuse issues that endanger children and
result in their placement in foster care; and address kinship
care.
There is no provision describing ``child welfare program
improvement policies.'' As of October 2009, States are
permitted to choose to offer kinship guardianship assistance to
eligible children under their Title IV-E program. Further, as
of October 2010, they are permitted to amend that same plan to
enable provision of Federal Title IV-E support to eligible
youth after their 18th birthday (and up to their 21st
birthday).
States are required to establish a health oversight plan
relevant to all children in foster care, and to provide certain
transition planning for older youth in care, including those
about to leave care without placement in a permanent family.
Further they must make reasonable efforts to place siblings
removed from their homes in the same foster, adoptive, or
guardianship settings whenever this is not contrary to safety
or well-being of one of the siblings.
States seeking to implement a demonstration project must
send an application to HHS that meets specific application
requirements. Among these, a State must provide in the
application that, where appropriate, children and families will
be randomly assigned to a group that will receive the
demonstration project services or to a group that will not
receive those services.
States must provide certain information in their
application for a child welfare demonstration project.
Each State that conducts a demonstration project must
evaluate the effectiveness of the project and the evaluation
must be done by an independent contractor. HHS must approve the
evaluation design and that design must permit comparison of
methods of service delivery under the demonstration project
with those otherwise used under the States plan(s); a
comparison of outcomes for children and families (and groups of
children and families) served under the project with outcomes
of those not served by the project; and any other information
that HHS would require.
A State must provide interim and final evaluation reports
to HHS at the times and in the manner that HHS requires.
Under current law, there are no provisions to discontinue
project authority if improvement policies are not implemented,
to define youth, or to include tribes.
Reasons for change
The legislation renews for three years the authority for
HHS to provide new waivers of Federal child welfare law, which
is designed to improve State effectiveness in protecting
children and assisting families as well as point the way to
potential broader national reforms to benefit children and
families in the coming years. At the same time, the legislation
conditions the awarding of new waivers to States in several
ways, including by requiring States receiving new waivers to
identify one or more goals, to demonstrate their readiness to
successfully achieve those goals, and to demonstrate that they
have implemented, or plan to implement, at least two of the
``child welfare program improvement policies'' listed in the
legislation. These features are designed to promote the
adoption of several identified program and policy options
(including some tested in prior waiver programs) that seem
especially promising in advancing the wellbeing of children and
families.
Explanation of provision
H.R. 2883 would extend the authority for HHS to grant up to
ten new child welfare demonstration projects annually for each
of three years, Fiscal Year 2012 through Fiscal Year 2014.
H.R. 2883 would extend the authority for HHS to grant up to
ten new child welfare demonstration projects annually for each
of three years, Fiscal Year 2012 through Fiscal Year 2014.
H.R. 2883 would add the following conditions of
eligibility, for any State seeking approval of a new
demonstration project (first conducted in any of Fiscal Year
2012 through Fiscal Year 2014). The State must: demonstrate
that its proposed demonstration project will meet one or more
of the following identified goals: reduce the lengths of stay
in foster care for children of all ages and promote successful
transitions to adulthood for older youth; increase positive
outcomes for children who remain in their own homes and
communities; and prevent child abuse and neglect, as well as
re-entries to foster care. The State must also provide a
written description of changes the State has made, or will
make, to its child welfare policies and procedures to enable
the State to successfully achieve the goal(s) of its
demonstration project. The State must also implement at least
two of ten child welfare program improvement policies
(specified in the bill). At least one of these program
improvement policies must be new to the State (i.e., not have
been implemented before the date the State submits its
demonstration project application.) The State must demonstrate
in its application that any new policy (or policies) will be
implemented by the later of three years from the date on which
it submits its application of the demonstration project or two
years from the date when HHS approves the demonstration
project.
H.R. 2883 would permit HHS to terminate the authority of a
State to conduct a child welfare demonstration project, if
within three years of granting that approval, HHS determines
that the State has not made significant progress in
implementing the child welfare program improvement policies it
cited in its application for that project.
H.R. 2883 would provide that any State seeking to implement
a demonstration project meeting any of the goals specified
above may choose to establish a program that would identify and
address domestic violence that endangers children and results
in their placement in foster care or permit Federal (Title IV-
E) foster care maintenance payments to be made on behalf of a
child residing in a long-term therapeutic family treatment
center.
For purposes of this provision, H.R. 2883 would define a
``long-term therapeutic family treatment center'' as a program
licensed or certified by the State that ``enables parents and
their children to live together in a safe environment'' for not
less than six months and that provides, either on-site or by
referral, the following services or activities: substance abuse
treatment, children's early intervention, family counseling,
legal, nursery and preschool, parenting skills training,
pediatric care, prenatal care, sexual abuse therapy, relapse
prevention, transportation, and job or vocational training (or
classes leading to a high school diploma or a GED).
H.R. 2883 would describe ten child welfare program
improvement policies that States may implement to meet the
requirements as follows:
(1) Establish a bill of rights for infants, children, and
youth, who are in foster care, which must outline protections
to be provided and procedures for ensuring the protections are
provided, and must be widely shared.
(2) Develop and implement a plan to meet the health and
mental health needs of infants, children, and youth, who are in
foster care, which ensures child-specific provision of health
and mental health services that are comprehensive, appropriate,
and consistent.
(3) Opt to provide kinship guardianship assistance under
the State's Title IV-E plan.
(4) Opt to define ``child'' (under the State's Title IV-E
plan) to include individuals up to their 21st birthday (Doing
this would require a State to provide Title IV-E assistance on
behalf of eligible youth up to their 21st birthday, whether
they were in foster care or had left foster care after their
16th birthday for guardianship or adoption).
(5) Develop and implement a plan to ensure appropriate use
of congregate care and that reduces its use for children and
youth in foster care.
(6) Substantially increase (above a Fiscal Year 2008
baseline) the number of cases where siblings (whether infants,
children, or youth) who are in out-of-home care are placed in
the same foster care, kinship guardianship, or adoptive
placements.
(7) Develop and implement a plan to improve the recruitment
and retention of high quality foster family homes, which may
include increased maintenance payments, expanded training, and
other supports for families that provide foster care.
(8) Establish procedures to aid youth preparing to
transition out of foster care, for example, by arranging for
participation in age-appropriate extra-curricular activities;
providing appropriate access to cell phones, computers, and
opportunities to obtain a driver's license; providing
notification of where siblings that are in foster care are
placed (or, if they are not in care, where siblings are
located) as well as counseling and financial support for post-
secondary education.
(9) Include in the State's Title IV-E plan a description of
State procedures for ensuring that a youth in foster care who
has attained 16 years of age is engaged in discussions
(including during transition planning activities required under
current law) that explore whether the youth wishes to reconnect
with his or her biological family members (including parents,
siblings, grandparents or others) and, if so, that the skills
and strategies needed to allow this to happen safely are
discussed, as well as guidance and services to manage any
desired reconnections. These procedures must also seek to
include biological family members in these reconnection efforts
when appropriate.
(10) To prevent the entry of infants, children, and youth
to foster care, and to provide permanency for those already in
care, by establishing one or more of the following programs or
services--intensive family finding; a kinship navigator
program; family counseling (e.g., family group decision-making
or in-home peer support for families); a comprehensive family-
based substance abuse treatment program; a program to identify
and address domestic violence that endangers infants, children,
and youth and puts them at risk of entering foster care; and a
mentoring program.
For purposes only of the paragraph in the bill describing
``child welfare program improvement policies,'' H.R. 2883 would
define ``youth'' to mean any individual who is at least 12
years of age but who has not attained the age at which he or
she is no longer considered a ``child'' under the State's Title
IV-E or Title IV-B plans (i.e., at least up to age 18 but
possibly up to age 21).
Before approving a State's child welfare demonstration
project application, H.R. 2883 would require HHS to consider
the effect of such an approval on the ability of that State to
implement any approved Program Improvement Plan (PIP) in the
State.
H.R. 2883 would strike the application requirement related
to random assignment from the law, but would continue to
require that States evaluate the effectiveness of their
projects by comparing methods of service delivery to measure
effectiveness. Separately, the legislation would prohibit HHS
from taking into consideration the fact that a State is using
(or not using) a random assignment design as part of its
decision to approve or disapprove of a child welfare
demonstration project.
H.R. 2883 would require that States provide an accounting
of any ``additional'' Federal, State, or local funds--as well
as any private investments made in coordination with the
State--that were used in the two years preceding the State's
application to provide the services the State proposes to offer
under the demonstration project, and further that the State
would provide this same spending information for each year of
an approved demonstration project.
H.R. 2883 would strike the current evaluation report
requirement and would instead require each State conducting a
demonstration project to submit periodic reports to HHS on
specific programs, activities, and strategies used to improve
outcomes for infants, children, youth, and families, including
the results achieved and without regard to whether those
children were prevented from entering foster care, were in
foster care, or had been moved from foster care to permanent
families. At the same time it submitted such a report to HHS
(and each time it did so), the State would further be required
to post a copy of the report on the State child welfare
agency's website.
Further, H.R. 2883 would require HHS to submit to the House
Committee on Ways and Means and the Senate Finance Committee:
(1) Periodic reports (based on State-supplied periodic reports)
regarding programs, strategies, and activities to improve
outcomes for infants, children, youth and families in States
with approved demonstration projects and the results achieved.
(2) A report based on the results of State demonstration
project evaluation reports that analyzes the results and makes
recommendations for administrative or legislation changes that
HHS determines appropriate.
For purposes of seeking and receiving authority to operate
a child welfare demonstration project, H.R. 2883 would consider
as a ``State'' any Indian tribe, tribal organization or
consortium of tribes that has chosen to operate a Title IV-E
program under the Social Security Act.
Effective date
The legislation provides HHS the authority to grant new
child welfare waivers to States during Fiscal Years 2012 (which
begins on October 1, 2011) through 2014.
I. BUDGET PROVISIONS (TITLE III OF THE BILL AND THE STATUTORY PAY-AS-
YOU-GO ACT OF 2010)
Present law
The Statutory Pay-As-You-Go-Act of 2010 generally requires
that direct spending and revenue legislation (referred to as
PAYGO legislation) enacted into law not increase the deficit.
As a general matter, the budgetary effects are expected to
reflect cost estimates prepared by the Congressional Budget
Office (CBO) as included in statements inserted into the
Congressional Record by the Chairman of the Budget Committee.
If this procedure is not followed for a PAYGO measure, then the
budgetary effects of the measure are determined by the Office
of Management and Budget (OMB).
Reasons for change
To provide a statement regarding the budgetary effect of
the legislation.
Explanation of provision
H.R. 2883 would stipulate that: For purposes of complying
with the ``Statutory Pay-As-You-Go-Act of 2010,'' the budgetary
effect of this bill must be determined by referring to the
latest statement titled ``Budgetary Effects of PAYGO
Legislation'' as submitted for printing in the Congressional
Record by the Chairman of the Senate Budget Committee, but only
if such a statement has been submitted prior to a vote on the
passage of the bill.
Effective date
Not applicable.
III. Votes of the Committee
In compliance with clause 3(b) of rule XIII of the Rules of
the House of Representatives, the following statements are made
concerning the votes of the Committee on Ways and Means in its
consideration of the bill, H.R. 2883:
The bill H.R. 2883 was ordered favorably reported, as
amended, by voice vote (with a quorum being present).
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 revenue provisions
of the bill, H.R. 2883 as reported:
The Committee agrees with the estimates prepared by the
Congressional Budget Office (CBO), which is included below.
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 budgetary authority. The
Committee states further that the bill involves no new or
increased tax expenditures.
B. COST ESTIMATE PREPARED BY THE CONGRESSIONAL BUDGET OFFICE
In compliance with clause 3(c)(3) of rule XIII of the Rules
of the House of Representatives, requiring a cost estimate
prepared by the CBO, the following statement by CBO is
provided.
U.S. Congress,
Congressional Budget Office,
Washington, DC, September 19, 2011.
Hon. Dave Camp,
Chairman, Committee on Ways and Means,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 2883, the Child
and Family Services Improvement and Innovation Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Jonathan
Morancy,
Sincerely,
Douglas W. Elmendorf,
Director.
Enclosure.
H.R. 2883--Child and Family Services Improvement and Innovation Act
Summary: H.R. 2883 would make numerous modifications to
various federal child welfare programs. The bill would modify
two programs (the Stephanie Tubbs Jones Child Welfare Services
Program and the Safe and Stable Families program) and
reauthorize the programs for five years.
The bill also would authorize the appropriation of $345
million a year in mandatory funds from 2012 through 2016 for
the Safe and Stable Families program, but that funding is
already assumed in CBO's baseline. Finally, H.R. 2883 would
reauthorize the child welfare waivers in section 1130 of the
Social Security Act from 2012 through 2014.
CBO estimates that implementing H.R. 2883 would have a
discretionary cost of about $2.1 billion over the 2012-2016
period, assuming appropriation of the authorized amounts.
Because enacting the legislation could affect direct
spending, pay-as-you-go procedures apply; however, CBO
estimates the legislation would have an insignificant effect on
direct spending. Enacting the bill would not affect revenues.
H.R. 2883 would impose intergovernmental mandates as
defined in the Unfunded Mandates Reform Act (UMRA) because it
would increase the stringency of conditions of assistance under
the Foster Care and Adoption Assistance Programs. CB0
estimates, however, that the costs to state and local
governments to comply with the mandates would be small and not
exceed the threshold established in UMRA ($71 million in 2011,
as adjusted by inflation). The bill contains no new private-
sector mandates as defined in UMRA.
Estimated cost to the Federal Government: The estimated
budgetary impact of H.R. 2883 is shown in the following table.
The costs of this legislation fall within budget functions 500
(education, training, employment, and social services) and 600
(income security).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
------------------------------------------------------------
2012 2013 2014 2015 2016 2012-2016
----------------------------------------------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATIONab
Child Welfare Services Program:
Authorization Level............................ 325 325 325 325 325 1,625
Estimated Outlays.............................. 111 270 312 315 315 1,323
Safe and Stable Families:
Authorization Level............................ 200 200 200 200 200 1,000
Estimated Outlays.............................. 64 168 196 198 200 826
Total Changes:
Authorization Level............................ 525 525 525 525 525 2,625
Estimated Outlays.............................. 175 438 508 513 515 2,149
----------------------------------------------------------------------------------------------------------------
aTitle II would reauthorize section 1130 of the Social Security Act. That section requires any waivers approved
by the Secretary of Health and Human Services to be cost neutral over the approved term of the project or some
other time period as the Secretary finds appropriate. CHO expects that although this provision would not have
a significant budgetary effect over the course of the waivers, the costs during any given year could be
slightly higher or lower than zero.
bSection 102 authorizes the appropriation of $345 million per year in mandatory funds from 2012 to 2016 for the
Safe and Stable Families program. That level of funding is already assumed in CBO's baseline.
Basis of estimate: For the purposes of this estimate, CBO
assumes H.R. 2883 will be enacted early in fiscal year 2012,
that the full amounts authorized will be appropriated for each
year, and that outlays will follow historical patterns.
SPENDING SUBJECT TO APPROPRIATION
H.R. 2883 would authorize the appropriation of $325 million
each year from 2012 through 2016 for the Stephanie Tubbs Jones
Child Welfare Services Program and $200 million per year from
2012 through 2016 for the Safe and Stable Families program. The
authorizations for both programs expire at the end of fiscal
year 2011. In 2011, the Congress appropriated $282 million for
Child Welfare Services and $63 million for Safe and Stable
Families. CBO estimates that implementing these provisions
would have a discretionary cost of $2.1 billion over the 2012-
2016 period, assuming appropriation of the authorized amounts.
DIRECT SPENDING
H.R. 2883 would authorize the appropriation of $345 million
per year in mandatory funds from 2012 through 2016 for the Safe
and Stable Families program. Consistent with the budget
projection rules in section 257 of the Balanced Budget and
Emergency Deficit Control Act, the costs of extending the
mandatory component of the Safe and Stable Families program are
included in CBO's baseline and are therefore not included in
the costs attributable to this bill. CBO estimates those costs
would total about $1.4 billion over the 2012-2016 period.
The bill also would reauthorize the child welfare waiver
program in section 1130 of the Social Security Act. Current law
requires that any waivers a state engages in be cost neutral
over the approved term of the project or some other time period
as the Secretary of Health and Human Services finds
appropriate. The department has mechanisms in place to ensure
that this cost neutrality is maintained and CBO thinks those
mechanisms are effective. Thus, CBO expects that reauthorizing
this waiver program would have no significant effect on direct
spending, though there could be costs or savings in any given
year.
Pay-As-You-Go considerations: The Statutory Pay-As-You-Go
Act of 2010 establishes budget reporting and enforcement
procedures for legislation affecting direct spending or
revenues. Because enacting the bill could affect direct
spending, pay-as-you-go procedures apply. Relative to the
baseline, however, CBO estimates that enacting the bill would
have an insignificant effect on direct spending in every year
and over the 2011-2021 period.
Estimated impact on state, local, and tribal governments:
For large entitlement programs like the Foster Care and
Adoption Assistance Programs, UMRA defines an increase in the
stringency of conditions as an intergovernmental mandate if the
affected governments lack authority to offset those costs while
continuing to provide required services. The bill would require
states to comply with new standards for reporting spending on
adoption services and for assisting youth in foster care with
identifying and resolving inaccuracies in their consumer credit
reports. Because states and local governments have limited
flexibility to amend their programmatic or financial
responsibilities in those programs, the new requirements would
be intergovernmental mandates. In aggregate, CBO estimates that
the costs to governmental entities would be small and not
exceed the annual threshold established in UMRA ($71 million in
2011, adjusted annually for inflation).
Estimated impact on the private sector: H.R. 2883 contains
no new private-sector mandates as defined in UMRA.
Estimate prepared by: Federal Costs: Jonathan Morancy;
Impact on State, Local, and Tribal Governments: Lisa Ramirez-
Branum; Impact on the Private Sector: Jimmy Jin.
Estimate approved by: Peter H. Fontaine, Assistant Director
for Budget Analysis.
V. Other Matters To Be Discussed Under the Rules of the House of
Representatives
A. COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS
With respect to clause 3(c)(1) of rule XIII of the Rules of
the House of Representatives (relating to oversight findings),
the Committee concluded that it was appropriate and timely to
enact the sections included in the bill, as reported.
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 contains no measure that authorizes new or additional
funding compared with the current law baseline, so no statement
of general performance goals and objectives for which any
measure authorizes funding 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 revenue provisions of
the bill do not impose a Federal mandate on the private sector.
The Committee has determined that the revenue provisions of the
bill do not impose a Federal intergovernmental mandate on
State, local, or tribal governments.
D. APPLICABILITY OF HOUSE RULE XXI 5(B)
Clause 5(b) of rule XXI of the Rules of the House of
Representatives provides, in part, that ``A bill or joint
resolution, amendment, or conference report carrying a Federal
income tax rate increase may not be considered as passed or
agreed to unless so determined by a vote of not less than
three-fifths of the Members voting, a quorum being present.''
The Committee has carefully reviewed the sections of the bill,
and states that the bill does not involve any Federal income
tax rate increases within the meaning of the rule.
E. 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 provision 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.
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 italic, 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) * * *
(b) Each plan for child welfare services under this subpart
shall--
(1) * * *
* * * * * * *
(15)(A) provides that the State will develop, in
coordination and collaboration with the State agency
referred to in paragraph (1) and the State agency
responsible for administering the State plan approved
under title XIX, and in consultation with
pediatricians, other experts in health care, and
experts in and recipients of child welfare services, a
plan for the ongoing oversight and coordination of
health care services for any child in a foster care
placement, which shall ensure a coordinated strategy to
identify and respond to the health care needs of
children in foster care placements, including mental
health and dental health needs, and shall include an
outline of--
(i) * * *
(ii) how health needs identified
through screenings will be monitored
and treated, including emotional trauma
associated with a child's maltreatment
and removal from home;
* * * * * * *
(v) the oversight of prescription
medicines, including protocols for the
appropriate use and monitoring of
psychotropic medications;
* * * * * * *
(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) * * *
* * * * * * *
(E) coordinate services and share information
with other States; [and]
(17) not later than October 1, 2007, describe the
State standards for the content and frequency of
caseworker visits for children who are in foster care
under the responsibility of the State, which, at a
minimum, ensure that the children are visited on a
monthly basis and that the caseworker visits are well-
planned and focused on issues pertinent to case
planning and service delivery to ensure the safety,
permanency, and well-being of the children[.];
(18) include a description of the activities that the
State has undertaken to reduce the length of time
children who have not attained 5 years of age are
without a permanent family, and the activities the
State undertakes to address the developmental needs of
such children who receive benefits or services under
this part or part E; and
(19) contain a description of the sources used to
compile information on child maltreatment deaths
required by Federal law to be reported by the State
agency referred to in paragraph (1), and to the extent
that the compilation does not include information on
such deaths from the State vital statistics department,
child death review teams, law enforcement agencies, or
offices of medical examiners or coroners, the State
shall describe why the information is not so included
and how the State will include the information.
* * * * * * *
ALLOTMENTS TO STATES
Sec. 423. (a) * * *
(b) Determination of State Allotment Percentages.--The
``allotment percentage'' for any State shall be 100 [per
centum] percent less the State percentage; and the State
percentage shall be the percentage which bears the same ratio
to 50 [per centum] 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 centum] percent or more than 70 [per centum]
percent, and (2) the allotment percentage shall be 70 [per
centum] percent in the case of Puerto Rico, the Virgin Islands,
Guam, and American Samoa.
* * * * * * *
PAYMENT TO STATES
Sec. 424. (a) * * *
* * * * * * *
[(e)(1) The Secretary may not make a payment to a State under
this subpart for a period in fiscal year 2008, unless the State
has provided to the Secretary data which shows, for fiscal year
2007--
[(A) the percentage of children in foster care under
the responsibility of the State who were visited on a
monthly basis by the caseworker handling the case of
the child; and
[(B) the percentage of the visits that occurred in
the residence of the child.
[(2)(A) Based on the data provided by a State pursuant to
paragraph (1), the Secretary, in consultation with the State,
shall establish, not later than June 30, 2008, an outline of
the steps to be taken to ensure, by October 1, 2011, that at
least 90 percent of the children in foster care under the
responsibility of the State are visited by their caseworkers on
a monthly basis, and that the majority of the visits occur in
the residence of the child. The outline shall include target
percentages to be reached each fiscal year, and should include
a description of how the steps will be implemented. The steps
may include activities designed to improve caseworker
retention, recruitment, training, and ability to access the
benefits of technology.
[(B) Beginning October 1, 2008, if the Secretary determines
that a State has not made the requisite progress in meeting the
goal described in subparagraph (A) of this paragraph, then the
percentage that shall apply for purposes of subsection (a) of
this section for the period involved shall be the percentage
set forth in such subsection (a) reduced by--
[(i) 1, if the number of full percentage points by
which the State fell short of the target percentage
established for the State for the period pursuant to
such subparagraph 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.]
(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
[2007 through 2011] 2012 through 2016.
* * * * * * *
Subpart 2--Promoting Safe and Stable Families
* * * * * * *
SEC. 431. DEFINITIONS.
(a) In General.--As used in this subpart:
(1) * * *
[(2) Family support services.--The term ``family
support services'' means community-based services to
promote the safety and well-being of children and
families designed to increase the strength and
stability of families (including adoptive, foster, and
extended families), to increase parents' confidence and
competence in their parenting abilities, to afford
children a safe, stable, and supportive family
environment, to strengthen parental relationships and
promote healthy marriages, and otherwise to enhance
child development.]
(2) Family support services.--
(A) In general.--The term ``family support
services'' means community-based services
designed to carry out the purposes described in
subparagraph (B).
(B) Purposes described.--The purposes
described in this subparagraph are the
following:
(i) To promote the safety and well-
being of children and families.
(ii) To increase the strength and
stability of families (including
adoptive, foster, and extended
families).
(iii) To increase parents' confidence
and competence in their parenting
abilities.
(iv) To afford children a safe,
stable, and supportive family
environment.
(v) To strengthen parental
relationships and promote healthy
marriages.
(vi) To enhance child development,
including through mentoring (as defined
in section 439(b)(2)).
* * * * * * *
[(5) Tribal organization.--The term ``tribal
organization'' means the recognized governing body of
any Indian tribe.
[(6) Indian tribe.--The term ``Indian tribe'' means
any Indian tribe (as defined in section 482(i)(5), as
in effect before August 22, 1996) and any Alaska Native
organization (as defined in section 482(i)(7)(A), as so
in effect).]
(5) Indian tribe.--The term ``Indian tribe'' has the
meaning given the term in section 428(c).
(6) Tribal organization.--The term ``tribal
organization'' has the meaning given the term in
section 428(c).
(7) Time-limited family reunification services.--
(A) * * *
(B) Services and activities described.--The
services and activities described in this
subparagraph are the following:
(i) * * *
* * * * * * *
(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.
[(vi)] (viii) Transportation to or
from any of the services and activities
described in this subparagraph.
* * * * * * *
SEC. 432. STATE PLANS.
(a) Plan Requirements.--A State plan meets the requirements
of this subsection if the plan--
(1) * * *
* * * * * * *
(8)(A) * * *
(B) provides that, not later than June 30 of each
year, the State will submit to the Secretary--
(i) copies of [forms CFS 101-Part I and CFS
101-Part II (or any successor forms)] 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 [forms CFS 101-Part I and CFS
101-Part II (or any successor forms)] 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) * * *
* * * * * * *
(IV) the actual expenditures of funds
provided to the State agency; [and]
(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.
* * * * * * *
[(c) Annual Submission of State Reports to Congress.--The
Secretary]
(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) * * *
* * * * * * *
(c) Other States.--
(1) * * *
(2) [Food stamp] 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 benefits] 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 benefits] benefits
in the States described in such paragraph (1)
for months in such 3 fiscal years, as so
determined.
* * * * * * *
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 2007 through 2010] for each of fiscal years
2012 through 2016.
(b) Reservation of Certain Amounts.--From the amount
specified in subsection (a) for a fiscal year, the Secretary
shall reserve amounts as follows:
(1) * * *
* * * * * * *
(4) Support for monthly caseworker visits.--
(A) Reservation.--The Secretary shall reserve
for allotment in accordance with section
[433(e)--
[(i) $5,000,000 for fiscal year 2008;
[(ii) $10,000,000 for fiscal year
2009; and
[(iii) $20,000,000 for each of fiscal
years 2010 and 2011.] 433(e)
$20,000,000 for each of fiscal years
2012 through 2016.
(B) Use of funds.--
(i) In general.--A State to which an
amount is paid from amounts reserved
under subparagraph (A) shall use the
amount to [support] improve the quality
of monthly caseworker visits with
children who are in foster care under
the responsibility of the State, with
[a primary emphasis on activities
designed to improve caseworker
retention, recruitment, training, and
ability to access the benefits of
technology.] 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.
* * * * * * *
(5) Regional partnership grants.--The Secretary shall
reserve for awarding grants under section [437(f)--
[(A) $40,000,000 for fiscal year 2007;
[(B) $35,000,000 for fiscal year 2008;
[(C) $30,000,000 for fiscal year 2009; and
[(D) $20,000,000 for each of fiscal years
2010 and 2011.] 437(f) $20,000,000 for each of
fiscal years 2012 through 2016.
SEC. 437. DISCRETIONARY AND TARGETED GRANTS.
(a) Limitations on Authorization of Appropriations.--In
addition to any amount appropriated pursuant to section 436,
there are authorized to be appropriated to carry out this
section $200,000,000 for each of fiscal years [2007 through
2011] 2012 through 2016.
* * * * * * *
(f) Targeted Grants To Increase the Well-Being of, and To
Improve the Permanency Outcomes for, Children Affected by
[Methamphetamine or 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 [methamphetamine or other] substance abuse.
* * * * * * *
(3) Authority to award grants.--
(A) In general.--In addition to amounts
authorized to be appropriated to carry out this
section, the Secretary shall award grants under
this subsection, from the amounts reserved for
each of fiscal years [2007 through 2011] 2012
through 2016 under section 436(b)(5), to
regional partnerships that satisfy the
requirements of this subsection, in amounts
that are not less than $500,000 and not more
than $1,000,000 per grant per fiscal year.
[(B) Required minimum period of approval.--A
grant shall be awarded under this subsection
for a period of not less than 2, and not more
than 5, fiscal years.]
(B) Required minimum period of approval.--
(i) In general.--A grant shall be
awarded under this subsection for a
period of not less than 2, and not more
than 5, fiscal years, subject to clause
(ii).
(ii) Extension of grant.--On
application of the grantee, the
Secretary may extend for not more than
2 fiscal years the period for which a
grant is awarded under this subsection.
(C) Multiple grants allowed.--This subsection
shall not be interpreted to prevent a grantee
from applying for, or being awarded, separate
grants under this subsection.
(4) Application requirements.--To be eligible for a
grant under this subsection, a regional partnership
shall submit to the Secretary a written application
containing the following:
(A) Recent evidence demonstrating that
[methamphetamine or other] 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.
* * * * * * *
(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) * * *
(ii) 80 percent for the third and
fourth such fiscal years; [and]
(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.
* * * * * * *
(7) Considerations in awarding grants.--In awarding
grants under this subsection, the Secretary [shall--
[(A) take] shall take into consideration the
extent to which applicant regional
partnerships--
[(i)] (A) demonstrate that [methamphetamine
or other] 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;
[(ii)] (B) have limited resources for
addressing the needs of children affected by
such abuse;
[(iii)] (C) have a lack of capacity for, or
access to, comprehensive family treatment
services; and
[(iv)] (D) demonstrate a plan for sustaining
the services provided by or activities funded
under the grant after the conclusion of the
grant period[; and].
[(B) after taking such factors into
consideration, give greater weight to awarding
grants to regional partnerships that propose to
address methamphetamine abuse and addiction in
the partnership region (alone or in combination
with other drug abuse and addiction) and which
demonstrate that methamphetamine abuse and
addiction (alone or in combination with other
drug abuse and addiction) is adversely
affecting child welfare in the partnership
region.]
* * * * * * *
(9) Reports.--
(A) * * *
(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) * * *
* * * * * * *
(iii) the progress that has been made
in addressing the needs of families
with [methamphetamine or other]
substance abuse problems who come to
the attention of the child welfare
system and in achieving the goals of
child safety, permanence, and family
stability.
(10) Limitation on use of funds for administrative
expenses of the secretary.--Not more than 5 percent of
the amounts appropriated or reserved for awarding
grants under this subsection for each of fiscal years
2012 through 2016 may be used by the Secretary for
salaries and Department of Health and Human Services
administrative expenses in administering this
subsection.
SEC. 438. ENTITLEMENT FUNDING FOR STATE COURTS TO ASSESS AND IMPROVE
HANDLING OF PROCEEDINGS RELATING TO FOSTER CARE AND
ADOPTION.
(a) In General.--The Secretary shall make grants, in
accordance with this section, to the highest State courts in
States participating in the program under part E, for the
purpose of enabling such courts--
(1) * * *
(2) to implement improvements the highest state
courts deem necessary as a result of the assessments,
including--
(A) to provide for the safety, well-being,
and permanence of children in foster care, as
set forth in the Adoption and Safe Families Act
of 1997 (Public Law 105-89)[; and], 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;
* * * * * * *
(4)(A) to provide for the training of judges,
attorneys and other legal personnel in child welfare
cases[.]; and
(B) to increase and improve engagement of the entire
family in court processes relating to child welfare,
family preservation, family reunification, and
adoption.
(b) Applications.--
(1) * * *
[(2) Separate applications.--A highest State court
desiring grants under this section for 2 or more
purposes shall submit separate applications for the
following grants:
[(A) A grant for the purposes described in
paragraphs (1) and (2) of subsection (a).
[(B) A grant for the purpose described in
subsection (a)(3).
[(C) A grant for the purpose described in
subsection (a)(4).]
(2) Single grant application.--Pursuant to the
requirements under paragraph (1) of this subsection, a
highest State court desiring a grant under this section
shall submit a single application to the Secretary that
specifies whether the application is for a grant for--
(A) the purposes described in paragraphs (1)
and (2) of subsection (a);
(B) the purpose described in subsection
(a)(3);
(C) the purpose described in subsection
(a)(4); or
(D) the purposes referred to in 2 or more
(specifically identified) of subparagraphs (A),
(B), and (C) of this paragraph.
[(c) Allotments.--
[(1) Grants to assess and improve handling of court
proceedings relating to foster care and adoption.--
[(A) In general.--Each highest State court
which has an application approved under
subsection (b) of this section for a grant
described in subsection (b)(2)(A) of this
section, and is conducting assessment and
improvement activities in accordance with this
section, shall be entitled to payment, for each
of fiscal years 2002 through 2011, from the
amount reserved pursuant to section 436(b)(2)
(and the amount, if any, reserved pursuant to
section 437(b)(2)), of an amount equal to the
sum of $85,000 plus the amount described in
subparagraph (B) of this paragraph for the
fiscal year.
[(B) Formula.--The amount described in this
subparagraph for any fiscal year is the amount
that bears the same ratio to the amount
reserved pursuant to section 436(b)(2) (and the
amount, if any, reserved pursuant to section
437(b)(2)) for the fiscal year (reduced by the
dollar amount specified in subparagraph (A) of
this paragraph for the fiscal year) as the
number of individuals in the State who have not
attained 21 years of age bears to the total
number of such individuals in all States the
highest State courts of which have approved
applications under subsection (b) for such a
grant.
[(2) Grants for improved data collection and
training.--
[(A) In general.--Each highest State court
which has an application approved under
subsection (b) of this section for a grant
referred to in subparagraph (B) or (C) of
subsection (b)(2) shall be entitled to payment,
for each of fiscal years 2006 through 2011,
from the amount made available under whichever
of paragraph (1) or (2) of subsection (e)
applies with respect to the grant, of an amount
equal to the sum of $85,000 plus the amount
described in subparagraph (B) of this paragraph
for the fiscal year with respect to the grant.
[(B) Formula.--The amount described in this
subparagraph for any fiscal year with respect
to a grant referred to in subparagraph (B) or
(C) of subsection (b)(2) is the amount that
bears the same ratio to the amount made
available under subsection (e) for such a grant
(reduced by the dollar amount specified in
subparagraph (A) of this paragraph) as the
number of individuals in the State who have not
attained 21 years of age bears to the total
number of such individuals in all States the
highest State courts of which have approved
applications under subsection (b) for such a
grant.]
(c) Amount of Grant.--
(1) In general.--With respect to each of
subparagraphs (A), (B), and (C) of subsection (b)(2)
that refers to 1 or more grant purposes for which an
application of a highest State court is approved under
this section, the court shall be entitled to payment,
for each of fiscal years 2012 through 2016, from the
amount allocated under paragraph (3) of this subsection
for grants for the purpose or purposes, of an amount
equal to $85,000 plus the amount described in paragraph
(2) of this subsection with respect to the purpose or
purposes.
(2) Amount described.--The amount described in this
paragraph for any fiscal year with respect to the
purpose or purposes referred to in a subparagraph of
subsection (b)(2) is the amount that bears the same
ratio to the total of the amounts allocated under
paragraph (3) of this subsection for grants for the
purpose or purposes as the number of individuals in the
State who have not attained 21 years of age bears to
the total number of such individuals in all States the
highest State courts of which have approved
applications under this section for grants for the
purpose or purposes.
(3) Allocation of funds.--
(A) Mandatory funds.--Of the amounts reserved
under section 436(b)(2) for any fiscal year,
the Secretary shall allocate--
(i) $9,000,000 for grants for the
purposes described in paragraphs (1)
and (2) of subsection (a);
(ii) $10,000,000 for grants for the
purpose described in subsection (a)(3);
(iii) $10,000,000 for grants for the
purpose described in subsection (a)(4);
and
(iv) $1,000,000 for grants to be
awarded on a competitive basis among
the highest courts of Indian tribes or
tribal consortia that--
(I) are operating a program
under part E, in accordance
with section 479B;
(II) are seeking to operate a
program under part E and have
received an implementation
grant under section 476; or
(III) has a court responsible
for proceedings related to
foster care or adoption.
(B) Discretionary funds.--The Secretary shall
allocate all of the amounts reserved under
section 437(b)(2) for grants for the purposes
described in paragraphs (1) and (2) of
subsection (a).
(d) Federal Share.--Each highest State court which receives
funds paid under this section may use such funds to pay not
more than 75 percent of the cost of activities under this
section in each of fiscal years [2002 through 2011] 2012
through 2016.
* * * * * * *
Subpart 3--Common Provisions
SEC. 440. DATA STANDARDIZATION FOR IMPROVED DATA MATCHING.
(a) Standard Data Elements.--
(1) Designation.--The Secretary, in consultation with
an interagency work group established by the Office of
Management and Budget, and considering State
perspectives, shall, by rule, designate standard data
elements for any category of information required to be
reported under this part.
(2) Data elements must be nonproprietary and
interoperable.--The standard data elements designated
under paragraph (1) shall, to the extent practicable,
be nonproprietary and interoperable.
(3) Other requirements.--In designating standard data
elements under this subsection, the Secretary shall, to
the extent practicable, incorporate--
(A) interoperable standards developed and
maintained by an international voluntary
consensus standards body, as defined by the
Office of Management and Budget, such as the
International Organization for Standardization;
(B) interoperable standards developed and
maintained by intergovernmental partnerships,
such as the National Information Exchange
Model; and
(C) interoperable standards developed and
maintained by Federal entities with authority
over contracting and financial assistance, such
as the Federal Acquisition Regulatory Council.
(b) Data Standards for Reporting.--
(1) Designation.--The Secretary, in consultation with
an interagency work group established by the Office of
Management and Budget, and considering State government
perspectives, shall, by rule, designate data reporting
standards to govern the reporting required under this
part.
(2) Requirements.--The data reporting standards
required by paragraph (1) shall, to the extent
practicable--
(A) incorporate a widely-accepted, non-
proprietary, searchable, computer-readable
format;
(B) be consistent with and implement
applicable accounting principles; and
(C) be capable of being continually upgraded
as necessary.
(3) Incorporation of nonproprietary standards.--In
designating reporting standards under this subsection,
the Secretary shall, to the extent practicable,
incorporate existing nonproprietary standards, such as
the eXtensible Business Reporting Language.
* * * * * * *
Part E--Federal Payments for Foster Care and Adoption Assistance
* * * * * * *
ADOPTION AND GUARDIANSHIP ASSISTANCE PROGRAM
Sec. 473. (a)(1) * * *
* * * * * * *
(8) A State shall spend an amount equal to the amount of
savings (if any) in State expenditures under this part
resulting from the application of paragraph (2)(A)(ii) to all
applicable children for a fiscal year to provide to children or
families any service (including post-adoption services) that
may be provided under this part or part B, and shall document
how such amounts are spent, including on post-adoption
services.
* * * * * * *
DEFINITIONS
Sec. 475. As used in this part or part B of this title:
(1) The term ``case plan'' means a written document
which includes at least the following:
(A) * * *
* * * * * * *
(G) A plan for ensuring the educational
stability of the child while in foster care,
including--
(i) assurances that [the placement]
each placement of the child in foster
care takes into account the
appropriateness of the current
educational setting and the proximity
to the school in which the child is
enrolled at the time of placement; and
(ii)(I) an assurance that the State
agency has coordinated with appropriate
local educational agencies (as defined
under section 9101 of the Elementary
and Secondary Education Act of 1965) to
ensure that the child remains in the
school in which the child is enrolled
at the time of each placement; or
* * * * * * *
(5) The term ``case review system'' means a procedure
for assuring that--
(A) * * *
* * * * * * *
(G) the foster parents (if any) of a child
and any preadoptive parent or relative
providing care for the child are provided with
notice of, and a right to be heard in, any
proceeding to be held with respect to the
child, except that this subparagraph shall not
be construed to require that any foster parent,
preadoptive parent, or relative providing care
for the child be made a party to such a
proceeding solely on the basis of such notice
and right to be heard; [and]
(H) during the 90-day period immediately
prior to the date on which the child will
attain 18 years of age, or such greater age as
the State may elect under paragraph
(8)(B)(iii), whether during that period foster
care maintenance payments are being made on the
child's behalf or the child is receiving
benefits or services under section 477, a
caseworker on the staff of the State agency,
and, as appropriate, other representatives of
the child provide the child with assistance and
support in developing a transition plan that is
personalized at the direction of the child,
includes specific options on housing, health
insurance, education, local opportunities for
mentors and continuing support services, and
work force supports and employment services,
and is as detailed as the child may elect[.];
and
(I) each child in foster care under the
responsibility of the State who has attained 16
years of age receives without cost a copy of
any consumer report (as defined in section
603(d) of the Fair Credit Reporting Act)
pertaining to the child each year until the
child is discharged from care, and receives
assistance (including, when feasible, from any
court-appointed advocate for the child) in
interpreting and resolving any inaccuracies in
the report.
* * * * * * *
SEC. 479A. ANNUAL REPORT.
The Secretary, in consultation with Governors, State
legislatures, State and local public officials responsible for
administering child welfare programs, and child welfare
advocates, shall--
(1) * * *
* * * * * * *
(6) include in the report submitted pursuant to
paragraph (5) for fiscal year 2007 or any succeeding
fiscal year, State-by-State data on--
(A) the percentage of children in foster care
under the responsibility of the State who were
visited on a monthly basis by the caseworker
handling the case of the child; [and]
(B) the total number of visits made by
caseworkers on a monthly basis to children in
foster care under the responsibility of the
State during a fiscal year as a percentage of
the total number of the visits that would occur
during the fiscal year if each child were so
visited once every month while in such care;
and
[(B)] (C) the percentage of the visits that
occurred in the residence of the child.
* * * * * * *
TITLE XI--GENERAL PROVISIONS, PEER REVIEW, AND ADMINISTRATIVE
SIMPLIFICATION
Part A--General Provisions
* * * * * * *
DEMONSTRATION PROJECTS
Sec. 1130. (a) Authority To Approve Demonstration Projects.--
(1) * * *
[(2) Limitation.--The Secretary may authorize not
more than 10 demonstration projects under paragraph (1)
in each of fiscal years 1998 through 2003.
[(3) Certain types of proposals required to be
considered.--
[(A) If an appropriate application therefor
is submitted, the Secretary shall consider
authorizing a demonstration project which is
designed to identify and address barriers that
result in delays to adoptive placements for
children in foster care.
[(B) If an appropriate application therefor
is submitted, the Secretary shall consider
authorizing a demonstration project which is
designed to identify and address parental
substance abuse problems that endanger children
and result in the placement of children in
foster care, including through the placement of
children with their parents in residential
treatment facilities (including residential
treatment facilities for post-partum
depression) that are specifically designed to
serve parents and children together in order to
promote family reunification and that can
ensure the health and safety of the children in
such placements.
[(C) If an appropriate application therefor
is submitted, the Secretary shall consider
authorizing a demonstration project which is
designed to address kinship care.]
(2) Limitation.--During fiscal years 2012 through
2014, the Secretary may authorize demonstration
projects described in paragraph (1), with not more than
10 demonstration projects to be authorized in each
fiscal year.
(3) Conditions for state eligibility.--For purposes
of a new demonstration project under this section that
is initially approved in any of fiscal years 2012
through 2014, a State shall be authorized to conduct
such demonstration project only if the State satisfies
the following conditions:
(A) Identify 1 or more goals.--
(i) In general.--The State shall
demonstrate that the demonstration
project is designed to accomplish 1 or
more of the following goals:
(I) Increase permanency for
all infants, children, and
youth by reducing the time in
foster placements when possible
and promoting a successful
transition to adulthood for
older youth.
(II) Increase positive
outcomes for infants, children,
youth, and families in their
homes and communities,
including tribal communities,
and improve the safety and
well-being of infants,
children, and youth.
(III) Prevent child abuse and
neglect and the re-entry of
infants, children, and youth
into foster care.
(ii) Long-term therapeutic family
treatment centers; addressing domestic
violence.--With respect to a
demonstration project that is designed
to accomplish 1 or more of the goals
described in clause (i), the State may
elect to establish a program--
(I) to permit foster care
maintenance payments to be made
under part E of title IV to a
long-term therapeutic family
treatment center (as described
in paragraph (8)(B)) on behalf
of a child residing in the
center; or
(II) to identify and address
domestic violence that
endangers children and results
in the placement of children in
foster care.
(B) Demonstrate readiness.--The State shall
demonstrate through a narrative description the
State's capacity to effectively use the
authority to conduct a demonstration project
under this section by identifying changes the
State has made or plans to make in policies,
procedures, or other elements of the State's
child welfare program that will enable the
State to successfully achieve the goal or goals
of the project.
(C) Demonstrate implemented or planned child
welfare program improvement policies.--
(i) In general.--The State shall
demonstrate that the State has
implemented, or plans to implement
within 3 years of the date on which the
State submits its application to
conduct the demonstration project or 2
years after the date on which the
Secretary approves such demonstration
project (whichever is later), at least
2 of the child welfare program
improvement policies described in
paragraph (7).
(ii) Previous implementation.--For
purposes of the requirement described
in clause (i), at least 1 of the child
welfare program improvement policies to
be implemented by the State shall be a
policy that the State has not
previously implemented as of the date
on which the State submits an
application to conduct the
demonstration project.
(iii) Implementation review.--The
Secretary may terminate the authority
of a State to conduct a demonstration
project under this section if, after
the 3-year period following approval of
the demonstration project, the State
has not made significant progress in
implementing the child welfare program
improvement policies proposed by the
State under clause (i).
* * * * * * *
(5) Requirement to consider effect of project on
terms and conditions of certain court orders.--In
considering an application to conduct a demonstration
project under this section that has been submitted by a
State in which there is in effect a court order
determining that the State's child welfare program has
failed to comply with the provisions of part B or E of
title IV, or with the Constitution of the United
States, the Secretary shall take into consideration the
effect of approving the proposed project on the terms
and conditions of the court order related to the
failure to comply and the ability of the State to
implement a corrective action plan approved under
section 1123A.
(6) Inapplicability of random assignment for control
groups as a factor for approval of demonstration
projects.--For purposes of evaluating an application to
conduct a demonstration project under this section, the
Secretary shall not take into consideration whether
such project requires random assignment of children and
families to groups served under the project and to
control groups.
(7) Child welfare program improvement policies.--For
purposes of paragraph (3)(C), the child welfare program
improvement policies described in this paragraph are
the following:
(A) The establishment of a bill of rights for
infants, children, and youth in foster care
that is widely shared and clearly outlines
protections for infants, children, and youth,
such as assuring frequent visits with parents,
siblings, and caseworkers, access to attorneys,
and participation in age-appropriate
extracurricular activities, and procedures for
ensuring the protections are provided.
(B) The development and implementation of a
plan for meeting the health and mental health
needs of infants, children, and youth in foster
care that includes ensuring that the provision
of health and mental health care is child-
specific, comprehensive, appropriate, and
consistent (through means such as ensuring the
infant, child, or youth has a medical home,
regular wellness medical visits, and addressing
the issue of trauma, when appropriate).
(C) The inclusion in the State plan under
section 471 of an amendment implementing the
option under subsection (a)(28) of that section
to enter into kinship guardianship assistance
agreements.
(D) The election under the State plan under
section 471 to define a ``child'' for purposes
of the provision of foster care maintenance
payments, adoption assistance payments, and
kinship guardianship assistance payments, so as
to include individuals described in each of
subclauses (I), (II), and (III) of section
475(8)(B)(i) who have not attained age 21.
(E) The development and implementation of a
plan that ensures congregate care is used
appropriately and reduces the placement of
children and youth in such care.
(F) Of those infants, children, and youth in
out-of-home placements, substantially
increasing the number of cases of siblings who
are in the same foster care, kinship
guardianship, or adoptive placement, above the
number of such cases in fiscal year 2008.
(G) The development and implementation of a
plan to improve the recruitment and retention
of high quality foster family homes trained to
help assist infants, children, and youth
swiftly secure permanent families. Supports for
foster families under such a plan may include
increasing maintenance payments to more
adequately meet the needs of infants, children,
and youth in foster care and expanding
training, respite care, and other support
services for foster parents.
(H) The establishment of procedures designed
to assist youth as they prepare for their
transition out of foster care, such as
arranging for participation in age-appropriate
extra-curricular activities, providing
appropriate access to cell phones, computers,
and opportunities to obtain a driver's license,
providing notification of all sibling
placements if siblings are in care and sibling
location if siblings are out of care, and
providing counseling and financial support for
post-secondary education.
(I) The inclusion in the State plan under
section 471 of a description of State
procedures for--
(i) ensuring that youth in foster
care who have attained age 16 are
engaged in discussions, including
during the development of the
transition plans required under
paragraphs (1)(D) and (5)(H) of section
475, that explore whether the youth
wishes to reconnect with the youth's
biological family, including parents,
grandparents, and siblings, and, if so,
what skills and strategies the youth
will need to successfully and safely
reconnect with those family members;
(ii) providing appropriate guidance
and services to youth whom affirm an
intent to reconnect with biological
family members on how to successfully
and safely manage such reconnections;
and
(iii) making, when appropriate,
efforts to include biological family
members in such reconnection efforts.
(J) The establishment of one or more of the
following programs designed to prevent infants,
children, and youth from entering foster care
or to provide permanency for infants, children,
and youth in foster care:
(i) An intensive family finding
program.
(ii) A kinship navigator program.
(iii) A family counseling program,
such as a family group decision-making
program, and which may include in-home
peer support for families.
(iv) A comprehensive family-based
substance abuse treatment program.
(v) A program under which special
efforts are made to identify and
address domestic violence that
endangers infants, children, and youth
and puts them at risk of entering
foster care.
(vi) A mentoring program.
(8) Definitions.--In this subsection--
(A) the term ``youth'' means, with respect to
a State, an individual who has attained age 12
but has not attained the age at which an
individual is no longer considered to be a
child under the State plans under parts B and E
of title IV, and
(B) the term ``long-term therapeutic family
treatment center'' means a State licensed or
certified program that enables parents and
their children to live together in a safe
environment for a period of not less than 6
months and provides, on-site or by referral,
substance abuse treatment services, children's
early intervention services, family counseling,
legal services, medical care, mental health
services, nursery and preschool, parenting
skills training, pediatric care, prenatal care,
sexual abuse therapy, relapse prevention,
transportation, and job or vocational training
or classes leading to a secondary school
diploma or a certificate of general
equivalence.
* * * * * * *
[(d) Duration of Demonstration.--A demonstration project
under this section may be conducted for not more than 5 years,
unless in the judgment of the Secretary, the demonstration
project should be allowed to continue.]
(d) Duration of Demonstration.--
(1) In general.--Subject to paragraph (2), a
demonstration project under this section may be
conducted for not more than 5 years, unless in the
judgment of the Secretary, the demonstration project
should be allowed to continue.
(2) Termination of authority.--In no event shall a
demonstration project under this section be conducted
after September 30, 2019.
(e) Application.--Any State seeking to conduct a
demonstration project under this section shall submit to the
Secretary an application, in such form as the Secretary may
require, which includes--
(1) a description of the proposed project, the
geographic area in which the proposed project would be
conducted, the children or families who would be served
by the proposed project, and the services which would
be provided by the proposed project [(which shall
provide, where appropriate, for random assignment of
children and families to groups served under the
project and to control groups)];
* * * * * * *
(6) a description of the proposed evaluation design;
[and]
(7) an accounting of any additional Federal, State,
and local investments made, as well as any private
investments made in coordination with the State, during
the 2 fiscal years preceding the application to provide
the services described in paragraph (1), and an
assurance that the State will provide an accounting of
that same spending for each year of an approved
demonstration project; and
[(7)] (8) such additional information as the
Secretary may require.
[(f) Evaluations; Report.--Each State authorized to conduct a
demonstration project under this section shall--
[(1) obtain an evaluation by an independent
contractor of the effectiveness of the project, using
an evaluation design approved by the Secretary which
provides for--
[(A) comparison of methods of service
delivery under the project, and such methods
under a State plan or plans, with respect to
efficiency, economy, and any other appropriate
measures of program management;
[(B) comparison of outcomes for children and
families (and groups of children and families)
under the project, and such outcomes under a
State plan or plans, for purposes of assessing
the effectiveness of the project in achieving
program goals; and
[(C) any other information that the Secretary
may require; and
[(2) provide interim and final evaluation reports to
the Secretary, at such times and in such manner as the
Secretary may require.]
(f) Evaluations.--Each State authorized to conduct a
demonstration project under this section shall obtain an
evaluation by an independent contractor of the effectiveness of
the project, using an evaluation design approved by the
Secretary which provides for--
(1) comparison of methods of service delivery under
the project, and such methods under a State plan or
plans, with respect to efficiency, economy, and any
other appropriate measures of program management;
(2) comparison of outcomes for children and families
(and groups of children and families) under the
project, and such outcomes under a State plan or plans,
for purposes of assessing the effectiveness of the
project in achieving program goals; and
(3) any other information that the Secretary may
require.
(g) Reports.--
(1) State reports; public availability.--Each State
authorized to conduct a demonstration project under
this section shall--
(A) submit periodic reports to the Secretary
on the specific programs, activities, and
strategies used to improve outcomes for
infants, children, youth, and families and the
results achieved for infants, children, and
youth during the conduct of the demonstration
project, including with respect to those
infants, children, and youth who are prevented
from entering foster care, infants, children,
and youth in foster care, and infants,
children, and youth who move from foster care
to permanent families; and
(B) post a copy of each such report on the
website for the State child welfare program
concurrent with the submission of the report to
the Secretary.
(2) Reports to congress.--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) periodic reports based on the State
reports submitted under paragraph (1); and
(B) a report based on the results of the
State evaluations required under subsection (f)
that includes an analysis of the results of
such evaluations and such recommendations for
administrative or legislative changes as the
Secretary determines appropriate.
[(g)] (h) Cost Neutrality.--The Secretary may not authorize a
State to conduct a demonstration project under this section
unless the Secretary determines that the total amount of
Federal funds that will be expended under (or by reason of) the
project over its approved term (or such portion thereof or
other period as the Secretary may find appropriate) will not
exceed the amount of such funds that would be expended by the
State under the State plans approved under parts B and E of
title IV if the project were not conducted.
(i) Indian Tribes Operating IV-E Programs Considered
States.--An Indian tribe, tribal organization, or tribal
consortium that has elected to operate a program under part E
of title IV in accordance with section 479B shall be considered
a State for purposes of this section.
* * * * * * *
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SAFE AND TIMELY INTERSTATE PLACEMENT OF FOSTER CHILDREN ACT OF 2006
* * * * * * *
SEC. 8. RIGHT TO BE HEARD IN FOSTER CARE PROCEEDINGS.
(a) * * *
(b) Notice of Proceeding.--Section [438(b) of such Act (42
U.S.C. 638(b))] 438(b)(1) of such Act (42 U.S.C. 629h(b)(1)) is
amended by inserting ``shall have in effect a rule requiring
State courts to ensure that foster parents, pre-adoptive
parents, and relative caregivers of a child in foster care
under the responsibility of the State are notified of any
proceeding to be held with respect to the child, and'' after
``highest State court''.
* * * * * * *