[House Report 114-460]
[From the U.S. Government Publishing Office]
114th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 114-460
======================================================================
MODERNIZING THE INTERSTATE PLACEMENT OF CHILDREN IN FOSTER CARE ACT
_______
March 21, 2016.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Brady of Texas, from the Committee on Ways and Means, submitted the
following
R E P O R T
[To accompany H.R. 4472]
[Including cost estimate of the Congressional Budget Office]
The Committee on Ways and Means, to whom was referred the
bill (H.R. 4472) to amend title IV of the Social Security Act
to require States to adopt a centralized electronic system to
help expedite the placement of children in foster care or
guardianship, or for adoption, across State lines, and to
provide grants to aid States in developing such a system, and
for other purposes, having considered the same, report
favorably thereon with an amendment and recommend that the bill
as amended do pass.
CONTENTS
Page
I. SUMMARY AND BACKGROUND...........................................4
A. Purpose and Summary................................. 4
B. Background and Need for Legislation................. 4
C. Legislative History................................. 6
II. EXPLANATION OF THE BILL..........................................6
Section 1: Short Title................................. 6
Section 2: Findings.................................... 6
Section 3: State Plan Requirement...................... 6
Section 4: Grants for the Development of an Electronic
Interstate Case-Processing System to Expedite the
Interstate Placement of Children in Foster Care or
Guardianship, or for Adoption...................... 6
Section 5: Continuation of Discretionary Funding to
Promote Safe and Stable Families................... 11
Section 6: Reservation of Funds to Improve the
Interstate Placement of Children................... 11
III. VOTES OF THE COMMITTEE..........................................12
IV. NEW BUDGET AUTHORITY AND TAX EXPENDITURES.......................12
V. COST ESTIMATE PREPARED BY THE CONGRESSIONAL BUDGET OFFICE.......12
VI. OTHER MATTERS TO BE DISCUSSED UNDER THE RULES OF THE HOUSE......15
B. Committee Oversight Findings and Recommendations.... 15
C. Statement of General Performance Goals and
Objectives......................................... 15
D. Applicability of House Rule XXI 5(b)................ 15
E. Congressional Earmarks, Limited Tax Benefits, and
Limited Tariff Benefits............................ 15
F. Duplication of Federal Programs..................... 15
G. Disclosure of Directed Rule Makings................. 16
VII. CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED...........16
A. Text of Existing Law Amended or Repealed by the
Bill, as Reported.................................. 16
B. Changes in Existing Law Proposed by the Bill, as
Reported........................................... 33
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Modernizing the Interstate Placement
of Children in Foster Care Act''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) when a child in foster care cannot return safely home,
the child deserves to be placed in a setting that is best for
that child, regardless of whether it is in the child's State or
another State;
(2) the Interstate Compact on the Placement of Children
(ICPC) was established in 1960 to provide a uniform legal
framework for the placement of children across State lines in
foster and adoptive homes;
(3) frequently, children waiting to be placed with an
adoptive family, relative, or foster parent in another State
spend more time waiting for this to occur than children who are
placed with an adoptive, family, relative, or foster parent in
the same State, because of the outdated, administratively
burdensome ICPC process;
(4) no child should have to wait longer to be placed in a
loving home simply because the child must cross a State line;
(5) the National Electronic Interstate Compact Enterprise
(NEICE) was launched in August 2014 in Indiana, Nevada,
Florida, South Carolina, Wisconsin, and the District of
Columbia, and is expected to be expanded into additional States
to improve the administrative process by which children are
placed with families across State lines;
(6) States using this electronic interstate case-processing
system have reduced administrative costs and the amount of
staff time required to process these cases, and caseworkers can
spend more time helping children instead of copying and mailing
paperwork between States;
(7) since NEICE was launched, placement time has decreased by
30 percent for interstate foster care placements; and
(8) on average, States using this electronic interstate case-
processing system have been able to reduce from 24 business
days to 13 business days the time it takes to identify a family
for a child and prepare the paperwork required to start the
ICPC process.
SEC. 3. STATE PLAN REQUIREMENT.
(a) In General.--Section 471(a)(25) of the Social Security Act (42
U.S.C. 671(a)(25)) is amended--
(1) by striking ``provide'' and insert ``provides''; and
(2) by inserting ``, which, not later than October 1, 2026,
shall include the use of an electronic interstate case-
processing system'' before the 1st semicolon.
(b) Effective Date.--
(1) In general.--The amendments made by subsection (a) shall
take effect on the 1st day of the 1st calendar quarter
beginning on or after the date of the enactment of this Act,
and shall apply to payments under part E of title IV of the
Social Security Act for calendar quarters beginning on or after
such date.
(2) Delay permitted if state legislation required.--If the
Secretary of Health and Human Services determines that State
legislation (other than legislation appropriating funds) is
required in order for a State plan developed pursuant to part E
of title IV of the Social Security Act to meet the additional
requirement imposed by the amendments made by subsection (a),
the plan shall not be regarded as failing to meet any of the
additional requirements before the 1st day of the 1st calendar
quarter beginning after the first regular session of the State
legislature that begins after the date of the enactment of this
Act. For purposes of the preceding sentence, if the State has a
2-year legislative session, each year of the session is deemed
to be a separate regular session of the State legislature.
SEC. 4. GRANTS FOR THE DEVELOPMENT OF AN ELECTRONIC INTERSTATE CASE-
PROCESSING SYSTEM TO EXPEDITE THE INTERSTATE
PLACEMENT OF CHILDREN IN FOSTER CARE OR
GUARDIANSHIP, OR FOR ADOPTION.
Section 437 of the Social Security Act (42 U.S.C. 637) is amended by
adding at the end the following:
``(g) Grants for the Development of an Electronic Interstate Case-
processing System to Expedite the Interstate Placement of Children in
Foster Care or Guardianship, or for Adoption.--
``(1) Purpose.--The purpose of this subsection is to
facilitate the development of an electronic interstate case-
processing system for the exchange of data and documents to
expedite the placements of children in foster, guardianship, or
adoptive homes across State lines.
``(2) Application requirements.--A State that desires a grant
under this subsection shall submit to the Secretary an
application containing the following:
``(A) A description of the goals and outcomes to be
achieved during the period for which grant funds are
sought, which goals and outcomes must result in--
``(i) reducing the time it takes for a child
to be provided with a safe and appropriate
permanent living arrangement across State
lines;
``(ii) improving administrative processes and
reducing costs in the foster care system; and
``(iii) the secure exchange of relevant case
files and other necessary materials in real
time, and timely communications and placement
decisions regarding interstate placements of
children.
``(B) A description of the activities to be funded in
whole or in part with the grant funds, including the
sequencing of the activities.
``(C) A description of the strategies for integrating
programs and services for children who are placed
across State lines.
``(D) Such other information as the Secretary may
require.
``(3) Grant authority.--The Secretary may make a grant to a
State that complies with paragraph (2).
``(4) Use of funds.--A State to which a grant is made under
this subsection shall use the grant to support the State in
connecting with the electronic interstate case-processing
system described in paragraph (1).
``(5) Evaluations.--Not later than 1 year after the final
year in which grants are awarded under this subsection, the
Secretary shall submit to the Congress, and make available to
the general public by posting on a website, a report that
contains the following information:
``(A) How using the electronic interstate case-
processing system developed pursuant to paragraph (4)
has changed the time it takes for children to be placed
across State lines.
``(B) The number of cases subject to the Interstate
Compact on the Placement of Children that were
processed through the electronic interstate case-
processing system, and the number of interstate child
placement cases that were processed outside the
electronic interstate case-processing system, by each
State in each year.
``(C) The progress made by States in implementing the
electronic interstate case-processing system.
``(D) How using the electronic interstate case-
processing system has affected various metrics related
to child safety and well-being, including the time it
takes for children to be placed across State lines.
``(E) How using the electronic interstate case-
processing system has affected administrative costs and
caseworker time spent on placing children across State
lines.
``(6) Data integration.--The Secretary, in consultation with
the Secretariat for the Interstate Compact on the Placement of
Children and the States, shall assess how the electronic
interstate case-processing system developed pursuant to
paragraph (4) could be used to better serve and protect
children that come to the attention of the child welfare
system, by--
``(A) connecting the system with other data systems
(such as systems operated by State law enforcement and
judicial agencies, systems operated by the Federal
Bureau of Investigation for the purposes of the
Innocence Lost National Initiative, and other systems);
``(B) simplifying and improving reporting related to
paragraphs (34) and (35) of section 471(a) regarding
children or youth who have been identified as being a
sex trafficking victim or children missing from foster
care; and
``(C) improving the ability of States to quickly
comply with background check requirements of section
471(a)(20), including checks of child abuse and neglect
registries as required by section 471(a)(20)(B).''.
SEC. 5. CONTINUATION OF DISCRETIONARY FUNDING TO PROMOTE SAFE AND
STABLE FAMILIES.
Section 437(a) of the Social Security Act (42 U.S.C. 637(a)) is
amended by striking ``2016'' and inserting ``2017''.
SEC. 6. RESERVATION OF FUNDS TO IMPROVE THE INTERSTATE PLACEMENT OF
CHILDREN.
Section 437(b) of the Social Security Act (42 U.S.C. 637(b)) is
amended by adding at the end the following:
``(4) Improving the interstate placement of children.--The
Secretary shall reserve $5,000,000 of the amount made available
for fiscal year 2017 for grants under subsection (g), and the
amount so reserved shall remain available through fiscal year
2021.''.
I. SUMMARY AND BACKGROUND
A. Purpose and Summary
H.R. 4472 as amended, the Modernizing the Interstate
Placement of Children in Foster Care Act, as ordered reported
by the Committee on Ways and Means on March 16, 2016, amends
title IV of the Social Security Act to require states to adopt
a centralized electronic interstate case-processing system to
help expedite the placement of children in foster care or
guardianship, or for adoption, across state lines. The bill
continues the discretionary authorization for the Promoting
Safe and Stable Families program at current authorized levels
through September 30, 2017, and reserves $5 million of this
discretionary funding for the U.S. Department of Health and
Human Services (HHS) to provide grants to aid states in
developing such a system.
This legislation requires HHS to submit an evaluation to
Congress, not later than one year after the final year in which
grants are awarded to states for this purpose. This evaluation
will provide information on how states' use of the electronic
interstate case-processing system has changed the amount of
time it takes for children to be placed across state lines, how
many more cases have been processed through this electronic
system, the progress made by states in implementing the system,
how the use of the system has affected various metrics related
to child safety and well-being, and how the use of this system
has affected administrative time and cost when placing children
in homes across state lines.
This legislation requires the Secretary of HHS, in
consultation with the Secretariat for the Interstate Compact on
the Placement of Children and the States, to assess how the
electronic interstate case-processing system could be used to
better serve and protect children that come to the attention of
the child welfare system.
B. Background and Need for Legislation
When children in foster care cannot remain safely at home,
they deserve to be placed in a setting that is best for them,
regardless of whether that home is within their state or in
another state. However, when children would do best with an
adoptive family, relative, or foster parent in another state,
they often must wait longer than if they stayed in the same
state, in part due to the outdated, labor-intensive process
many states use when transmitting information across state
lines. When placing children across state lines, states must
exchange multiple documents, such as court orders, case plan
information, birth certificates and other information. In most
states, this exchange is carried out by printing, copying, and
mailing physical copies of documents between states--a labor
intensive and time consuming process that keeps children from
moving quickly into the appropriate home.
Beginning in November 2013, five states (Florida, Indiana,
Nevada, South Carolina, Wisconsin) and the District of Columbia
began a pilot project to test the National Electronic
Interstate Compact Enterprise (NEICE), a system developed to
aid states in exchanging data and documents between different
jurisdictions when placing children across state lines. NEICE
is a web-based electronic case-processing system that supports
the administration of the Interstate Compact on the Placement
of Children (ICPC), an agreement between states establishing
uniform legal and administrative procedures governing the
interstate placement of children.
Pilot states saw substantial improvements in the process
used to place children with adoptive parents, relatives, or
foster parents in another state. A final evaluation of the
pilot project found the electronic system produced the
following outcomes:
Children are placed in the right homes more
quickly: On average, states using this electronic system
reduced the time it takes to place a child in a home in another
state by over 30 percent. This means children waited on average
one and a half months less to be placed in the right home.
Child welfare caseworkers spend less time on
paperwork: A survey of states participating in the pilot showed
states could reduce the time they spend on the placement
process by 10 percent.
States eliminate mailing and printing costs by
using the electronic system: States could realize significant
savings by switching from a paper-based process to an
electronic process. Based on estimates from pilot states,
states spend more than $1.6 million annually on copying and
mailing of documents related to cases in which children are
placed in another state.\1\
---------------------------------------------------------------------------
\1\Supporting Permanent Placements of Children in Foster Care
Through Electronic Records Exchange: National Electronic Interstate
Compact Enterprise (NEICE), Final Evaluation Report. June 29, 2015.
Available online: http://www.aphsa.org/content/AAICPC/en/actions/
NEICE.html.
---------------------------------------------------------------------------
Children should not spend extra weeks waiting to be placed
in the appropriate home simply because of an antiquated process
used to exchange information across state lines. To address
this problem, the Modernizing the Interstate Placement of
Children in Foster Care Act requires states to connect to this
electronic case-processing system to reduce the amount of time
children wait to be adopted, placed with relatives, or placed
with foster parents when they are going to a home in another
state. This legislation would also provide states with funding
to connect to this system more quickly, and HHS would evaluate
the impacts of states' use of this system to determine how it
has improved the process of placing children in homes across
state lines.
C. Legislative History
Background
H.R. 4472, Modernizing the Interstate Placement of Children
in Foster Care Act, was introduced on February 4, 2016 by
Congressman Todd Young and Congressman Danny Davis, and was
referred to the Committee on Ways and Means.
Committee hearings
No hearings were held on H.R. 4472. However, in 2015 and
prior years the Human Resources Subcommittee held a number of
hearings on child welfare programs and policies, which often
addressed the need for promoting better and faster services for
children and families involved with the child welfare system,
as well as the need to promote the use of technology to provide
improved services to the public, and especially families in
need of assistance.
Committee action
The Committee on Ways and Means marked up H.R. 4472, the
Modernizing the Interstate Placement of Children in Foster Care
Act, on March 16, 2016, and ordered the bill, as amended,
favorably reported by voice vote (with a quorum being present).
II. EXPLANATION OF THE BILL
SECTION 1: SHORT TITLE
Present law
No provision.
Explanation of provision
The short title of this act is the Modernizing the
Interstate Placement of Children in Foster Care Act.
Reason for change
The Committee believes that the short title reflects the
policy actions included in the legislation.
Effective date
The provision is effective upon enactment.
SECTION 2: FINDINGS
Present law
No provision.
Explanation of provision
The bill contains congressional findings stipulating that--
Children who cannot be safely returned home deserve
to be placed in the best setting possible for them,
regardless of the state where the setting is located
and no child should have to wait to move to that best
setting because it is across a state line.
The Interstate Compact on the Placement of Children
(ICPC) established in 1960 provides a uniform legal
framework for placement of children in foster and
adoptive homes across state lines. However, because of
``outdated, administratively burdensome ICPC
process[es],'' placement of a child with an adoptive
family, relative, or foster parent across state lines
is frequently delayed.
The National Electronic Interstate Compact Enterprise
(NEICE) is an electronic case-processing system that
was launched in five states (Florida, Indiana, Nevada,
South Carolina, and Wisconsin) and the District of
Columbia and is expected to continue to expand to other
states. Use of NEICE in the six pilot jurisdictions
reduced administrative costs and the amount of staff
time required to process interstate cases--allowing
caseworkers to spend more time helping children instead
of copying and mailing paperwork between states. On
average, the jurisdictions using NEICE reduced the
number of business days (from 24 to 13) it takes to
identify a family and prepare the paperwork required to
start the ICPC process. Those same jurisdictions also
decreased the amount of time it takes to complete
interstate placements by 30 percent.
Reason for change
The Committee believes that the findings demonstrate the
need for this legislation and reflect the policy actions
included in the bill.
Effective date
The provision is effective upon enactment.
SECTION 3: STATE PLAN REQUIREMENT
Present law
States operating a title IV-E program (including the
District of Columbia and any territory or tribe operating such
a program) are required to have procedures for the timely
completion of interstate home studies. (Section 471(a)(25) of
the Social Security Act)
Explanation of provision
The bill would require that no later than October 1, 2026,
these timely interstate placement procedures of a state,
territory, or tribe must include an electronic interstate case-
processing system.
Reason for change
While some states have implemented the electronic
interstate case-processing system and others are planning to
join, the system is most effective when all states participate.
States are currently required to have procedures in place for
the placement of children across state lines, under the
Interstate Compact for the Placement of Children (ICPC). This
provision requires that they modernize these procedures to take
advantage of the electronic interstate case-processing system
to more quickly place children in the right home.
Effective date
The bill would provide that this section is effective no
later than the first day of the first fiscal year quarter that
begins after its enactment. The bill would permit a delay of
that effective date if the U.S. Department of Health and Human
Services (HHS) Secretary determines that a state needs to enact
legislation to be in compliance with the requirement. However,
no delay may be granted beyond the first day of the fiscal year
quarter beginning after the first regular session of the
state's legislature that occurs after enactment of this
provision.
SECTION 4: GRANTS FOR THE DEVELOPMENT OF AN ELECTRNOIC INTERSTATE CASE-
PROCESSING SYSTEM TO EXPEDITE THE INTERSTATE PLACEMENT OF CHILDREN IN
FOSTER CARE OR GUARDIANSHIP, OR FOR ADOPTION
AUTHORIZATION OF GRANTS
Present law
Section 437 of the Social Security Act: (1) authorizes
discretionary funding for the child and family services program
known as Promoting Safe and Stable Families (PSSF); (2)
describes distribution of those discretionary funds: and,
separately (3) establishes the grant program known as Regional
Partnership Grants to improve outcomes for children affected by
parental substance abuse.
For purposes of this subpart of the law, ``state'' means
each of the 50 states and the District of Columbia, any of five
territories (Puerto Rico, Guam, American Samoa, U.S. Virgin
Islands and Northern Mariana Islands), as well as an Indian
tribe or tribal organization (as defined in the Indian Self
Determination and Education Act). (Section 431(a)(4) of the
Social Security Act)
Explanation of provision
This bill would add a new subsection to Section 437 of the
Social Security Act establishing grants intended to expedite
placement of children in foster care, guardianship, or adoptive
homes across state lines by facilitating development of an
electronic interstate case-processing system for the exchange
of state and other documents needed to permit interstate
placements. The HHS Secretary would be permitted to make a
grant to any ``state'' that meets the grant application
requirements and the grantee would be required to use the funds
for development of such an electronic system.
Reason for change
While a number of states are planning to implement the
electronic interstate case-processing system in the coming
years, providing funding specifically for states to connect to
this system will encourage states to join more quickly. This
will improve the outcomes for every state as more states share
files electronically, and more children will benefit as a
result of this improved process.
Effective date
The provision is effective upon enactment.
APPLICATION AND USE OF FUNDS
Present law
No provision.
Explanation of provision
A ``state'' seeking a grant for this purpose would need to
submit an application to the HHS Secretary describing the goals
and outcomes the state expects to achieve with the funds, which
must result in:
Reduced time to complete placement of
children in safe, appropriate and permanent living
arrangements across state lines;
The secure and real-time exchange of
relevant case files and other necessary materials for
interstate placement of children; and
Improved administrative processes and
reduced costs to the foster care system.
Further, the ``state'' would be required to include in this
grant application to the HHS Secretary a description of the
activities it will fund with the grant, a description of any
strategies for integrating services and programs for children
placed across state lines, and any other information the HHS
Secretary may require.
Reason for change
The Committee believes, to ensure the proper use of funds
provided by this legislation, states should be required to
explain how receiving funds will help them more quickly place
children in homes across state lines. To ensure funds are spent
as intended, states are also required to explain how funds will
be used, as well as how they expect implementing this system
will improve their administrative processes.
Effective date
The provision is effective upon enactment.
EVALUATION
Present law
No provision.
Explanation of provision
No later than one year after the final year in which grants
are awarded under this authority, HHS would need to provide
information to Congress (and via a website, the public)
concerning:
How the use of the electronic interstate
case-processing system developed with this grant
funding has changed the time it takes for children to
be placed across state lines;
The number of ICPC cases processed through
the electronic interstate case-processing system and
the number processed outside that system, by state and
by year;
Progress made by states in implementing the
electronic interstate case-processing system; and
How using this system has affected child
safety and well-being and, separately, administrative
costs, including caseworker time spent on interstate
placements.
Reason for change
The Committee believes states receiving funding to connect
with the electronic interstate case-processing system should
report on the results of their efforts, and that this
information should be reported to Congress and the public. This
information can be used to inform future work to improve the
child welfare system, as well as to evaluate the effectiveness
of this legislation in improving the placement of children
across state lines.
Effective date
The provision is effective upon enactment.
DATA INTEGRATION
Present law
A state, territory, or tribe operating a title IV-E foster
care program must perform a background check for any
prospective foster or adoptive parent before approving
placement of a child with that adult. The background check must
include criminal records checks, including a fingerprint-based
check of the National Crime Information Center (NCIC) database
maintained by the Federal Bureau of Investigation (FBI).
Further, it must include a check for any information that is
included in a state-maintained child abuse and neglect registry
regarding such a prospective parent (and any adult living in
the home of such prospective parent), including any child abuse
and neglect registry maintained by a state where the
prospective parent (and any co-residing adult) currently lives
and any state he/she lived in during the preceding five years.
(Section 471(a)(20)(B) of the Social Security Act)
No later than September 29, 2018, any state, territory or
tribe operating a title IV-E foster care program must
immediately (or in no case later than 24 hours) report
information it receives to law enforcement authorities on (1)
children or youth identified as sex trafficking victims, and
(2) missing or abducted children. (In the case of missing and
abducted children this information is to be entered, by law
enforcement authorities, into the NCIC database of the FBI.)
Additionally, as of September 29, 2018, state, tribal, or
territorial title IV-E agencies must immediately report
information they receive on missing and abducted children to
the National Center for Missing and Exploited Children (NCMEC).
(Section 471(a)(34) and (35) of the Social Security Act)
The Innocence Lost National Initiative is a FBI/U.S.
Department of Justice project that combines the efforts of
multiple federal, state, and local law enforcement agencies,
working with U.S. Attorney's offices, to address domestic sex
trafficking of children.
Explanation of provision
The HHS Secretary, in consultation with the administrator
for the ICPC and the states, would need to assess how the
electronic interstate case-processing system developed with
this grant funding may be used to:
Better serve and protect children who come
to the attention of the child welfare agency, including
by connecting the system with data systems operated by
state law enforcement and judicial agencies, the FBI,
the Innocence Lost National Initiative, and others;
Simplify and improve reporting required
under the title IV-E program related to children
missing from foster care and those children or youth
identified as sex trafficking victims; and
Improve the ability of states to quickly
comply with background checks, including criminal
records checks and checks of state-maintained child
abuse and neglect registries.
Reason for change
The value and importance of the electronic interstate case-
processing system has been demonstrated through the evaluation
produced as a result of the pilot. States currently
participating in this system also have identified other ways in
which the system could help them address other child welfare
issues that arise between states. This provision requires HHS
to work with states to assess how this system might be used to
better protect children, and these recommendations can inform
future federal, state, and local efforts to improve child
welfare practice.
Effective date
The provision is effective upon enactment.
SECTION 5: CONTINUATION OF DISCRETIONARY FUNDING TO PROMOTE SAFE AND
STABLE FAMILIES
Present law
Current law authorizes an appropriation of $200 million in
discretionary Promoting Safe and Stable Families (PSSF) program
funding for each of FY2012-FY2016. (Section 437(a) of the
Social Security Act)
Explanation of provision
This bill would extend this discretionary funding
authorization for the PSSF program at the same level for one
year, FY2017.
Reason for change
This legislation extends the discretionary funding
authorization for the PSSF program for one year for the purpose
of reserving $5 million from this appropriation to make grants
to states, territories, and tribes to connect to the electronic
interstate case-processing system.
Effective date
The provision is effective upon enactment.
SECTION 6: RESERVATION OF FUNDS TO IMPROVE THE INTERSTATE PLACEMENT OF
CHILDREN
Present law
Out of any discretionary funding provided for the PSSF
program, HHS is required to reserve a certain portion to
support tribal child and family services, the state Court
Improvement Program, and research, evaluation, training, and
technical assistance activities. After these set-asides are
made, the remaining funds are distributed to each of the states
(including DC) and territories, for provision of child and
family services. (Section 437(b) of the Social Security Act)
Explanation of provision
This bill would additionally require the HHS Secretary to
reserve $5 million of any discretionary PSSF funds provided in
FY2017 to make grants to states (including DC), territories,
and tribes for the development of the electronic interstate
case-processing system. The reservation of funds for these
grants would be authorized and required in FY2017 only, but the
funds reserved could be used to make these grants in each or
any of FY2017-FY2021.
Reason for change
Congress has identified a variety of key child welfare
priorities to be supported with discretionary PSSF funding, and
current law reserves funds for these specific purposes. These
purposes include reserving funds to assist state courts,
conduct research, fund training, assist children affected by
parental substance abuse, and support tribal child welfare
services. Based on the successful pilot testing of the
electronic interstate case-processing system, the Committee
believes funding also should be reserved to expand the use of
this system. Therefore, this legislation reserves $5 million in
funding from FY2017 to support states in connecting to the
electronic interstate case-processing system.
Effective date
The provision is effective upon enactment.
III. VOTES OF THE COMMITTEE
In compliance with clause 3(b) of rule XIII of the Rules of
the House of Representatives, the following statement is made
concerning the vote of the Committee on Ways and Means in its
consideration of H.R. 4472, the Modernizing the Interstate
Placement of Children in Foster Care Act, on March 16, 2016.
The bill, H.R. 4472, as amended, was ordered reported
favorably by voice vote (with a quorum being present).
IV. NEW BUDGET AUTHORITY AND TAX EXPENDITURES
In compliance with clause 3(c)(2) of rule XIII of the Rules
of the House of Representatives, the Committee states that the
bill involves no new budget authority or tax expenditure budget
authority.
V. COST ESTIMATE PREPARED BY THE CONGRESSIONAL BUDGET OFFICE
In compliance with clause 3(c)(3) of rule XIII of the Rules
of the House of Representatives, requiring a cost estimate
prepared by the CBO, the Committee sets forth the following
estimate and comparison prepared by the Director of the
Congressional Budget Office.
U.S. Congress,
Congressional Budget Office,
Washington, DC, March 21, 2016.
Hon. Kevin Brady,
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. 4472, the
Modernizing the Interstate Placement of Children in Foster Care
Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Susanne S.
Mehlman.
Sincerely,
Keith Hall.
Enclosure.
H.R. 4472--Modernizing the Interstate Placement of Children in Foster
Care Act
Summary: H.R. 4472 would amend title IV of the Social
Security Act to require states, no later than October 1, 2026,
to develop an automated system that would facilitate the
placement of children in foster care, guardianship, or adoptive
homes across state lines. The legislation also would authorize
the appropriation of $200-million in 2017 for a program called
Promoting Safe and Stable Families (PSSF) administered by the
Department of Health and Human Services (HHS). Of that amount,
$5 million would be reserved for HHS to make grants to states
and tribal entities to develop the processing system. CBO
estimates that implementing this legislation would cost $200
million over the 2017-2021 period, assuming appropriation of
the authorized amount.
Because enacting the bill could affect direct spending,
pay-as-you-go procedures apply; however, the increased spending
would not be significant, CBO estimates. Enacting H.R. 4472
would not affect revenues. CBO estimates that enacting H.R.
4472 would not increase net direct spending or on-budget
deficits in any of the four consecutive 10-year periods
beginning in 2027.
H.R. 4472 would impose intergovernmental mandates, as
defined in the Unfunded Mandates Reform Act (UMRA), on state
governments because it would increase the stringency of
conditions in the foster care program. CBO estimates, however,
that the cost of the mandates would not exceed the threshold
established in UMRA for intergovernmental mandates ($77 million
in 2016, adjusted annually for inflation). The bill contains no
private-sector mandates as defined in UMRA.
Estimated cost to the Federal Government: The estimated
budgetary effect of this legislation is shown in the following
table. The costs of this legislation fall within budget
function 500 (education, training, employment, and social
services).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
---------------------------------------------
2017 2018 2019 2020 2021 2017-2021
----------------------------------------------------------------------------------------------------------------
INCREASES IN SPENDING SUBJECT TO APPROPRIATION
Authorization Level............................................... 200 0 0 0 0 200
Estimated Outlays................................................. 64 110 22 2 2 200
----------------------------------------------------------------------------------------------------------------
Basis of estimate: CBO assumes that H.R. 4472 will be
enacted near the start of 2017 and that the amount authorized
will be appropriated that year. Outlays are estimated based on
historical spending patterns for the PSSF program. The current
authorization for that program expires at the end of 2016; $60
million was appropriated for the program in 2016.
Currently, under title IV-E of the Social Security Act, the
federal government reimburses states for a portion of their
spending on administrative activities, including the
development of information technologies. To the extent that
enacting this legislation increases state spending on the
development and implementation of an automated processing
system, direct spending for reimbursements would increase.
However, based on information from HHS, CBO expects that most
states have already begun to develop an automated processing
system and nearly all will have such a system in place by the
end of fiscal year 2026. Accordingly, CBO estimates that any
additional spending by states to comply with the bill's
deadline for completing the automated system would not be
significant.
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. H.R. 4472 would affect direct spending as states
increase spending to develop and implement an automated system
required under this bill. However, CBO estimates that any such
additional spending would total less than $500,000 over the
2017-2026 period.
Increase in long-term direct spending and deficits: CBO
estimates that enacting the legislation would not increase net
direct spending or on-budget deficits in any of the four
consecutive 10-year periods beginning in 2027.
Intergovernmental and private-sector impact: The bill would
require states by October 1, 2016, to implement an electronic
system for processing the placement of children in foster care,
guardianship, or adoptive homes across state lines. For large
entitlement grant programs like Foster Care and Adoption
Assistance, 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. Federal assistance to
states for administrative costs and flexibility in the program
are both limited, so the new requirements would be
intergovernmental mandates.
Most states are already in the process of implementing
electronic systems using existing resources, and CBO estimates
that, in absence of this bill, nearly all states would have
systems established by the end of fiscal year 2026. Therefore,
CBO estimates that any additional costs to states would be
insignificant and fall well below the threshold established in
UMRA ($77 million in 2016, adjusted annually for inflation).
The bill contains no private-sector mandates as defined in
UMRA.
Estimate prepared by: Federal costs: Susanne S. Mehlman and
Jennifer Gray; Impact on State, local, and Tribal governments:
J'Nell Blanco Suchy; Impact on the private sector: Paige Piper/
Bach.
Estimate approved by: H. Samuel Papenfuss, Deputy Assistant
Director for Budget Analysis.
VI. OTHER MATTERS TO BE DISCUSSED UNDER THE RULES OF THE HOUSE
B. Committee Oversight Findings and Recommendations
With respect to clause 3(c)(1) of rule XIII of the Rules of
the House of Representatives, the Committee advises that the
findings and recommendations of the Committee, based on
oversight activities under clause 2(b)(1) of rule X of the
Rules of the House of Representatives, are incorporated in the
description portions of this report.
C. Statement of General Performance Goals and Objectives
With respect to the requirement of clause 3(c)(4) of rule
XIII of the Rules of the House of Representatives, the
performance goals and objectives of this legislation are to
amend title IV of the Social Security Act to require states to
adopt an electronic interstate case-processing system to help
expedite the placement of children in foster care or
guardianship, or for adoption, across state lines, and to
provide grants to aid states in developing such a system.
D. Applicability of House Rule XXI 5(b)
Rule XXI 5(b) of the Rules of the House of Representatives
provides, in part, that ``A bill or joint resolution,
amendment, or conference report carrying a Federal income tax
rate increase may not be considered as passed or agreed to
unless so determined by a vote of not less than three-fifths of
the Members voting, a quorum being present.'' The Committee has
carefully reviewed the bill, and states that the bill does not
involve any Federal income tax rate increases within the
meaning of the rule.
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 provisions of the bill, and states that the provisions of
the bill do not contain any congressional earmarks, limited tax
benefits, or limited tariff benefits within the meaning of the
rule.
F. Duplication of Federal Programs
In compliance with Sec. 3(g)(2) of H. Res. 5 (114th
Congress), the Committee states that no provision of the bill
establishes or reauthorizes: (1) a program of the Federal
Government known to be duplicative of another Federal program;
(2) a program included in any report from the Government
Accountability Office to Congress pursuant to section 21 of
Public Law 111-139; or (3) a program related to a program
identified in the most recent Catalog of Federal Domestic
Assistance, published pursuant to the Federal Program
Information Act (Pub. L. No. 95-220, as amended by Pub. L. No.
98-169).
G. Disclosure of Directed Rule Makings
In compliance with Sec. 3(i) of H. Res. 5 (114th Congress),
the following statement is made concerning directed rule
makings: The Committee estimates that the bill requires no
directed rule makings within the meaning of such section.
VII. CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED
A. Text of Existing Law Amended or Repealed by the Bill, as Reported
In compliance with clause 3(e)(1)(A) of rule XIII of the
Rules of the House of Representatives, the text of each section
proposed to be amended or repealed by the bill, as reported, is
shown below:
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e)(1)(A) of rule XIII of the
Rules of the House of Representatives, the text of each section
proposed to be amended or repealed by the bill, as reported, is
shown below:
SOCIAL SECURITY ACT
* * * * * * *
TITLE IV--GRANTS TO STATES FOR AID AND SERVICES TO NEEDY FAMILIES WITH
CHILDREN AND FOR CHILD-WELFARE SERVICES
* * * * * * *
PART B--CHILD AND FAMILY SERVICES
* * * * * * *
Subpart 2--Promoting Safe and Stable Families
* * * * * * *
SEC. 437. DISCRETIONARY AND TARGETED GRANTS.
(a) Limitations on Authorization of Appropriations.--In
addition to any amount appropriated pursuant to section 436,
there are authorized to be appropriated to carry out this
section $200,000,000 for each of fiscal years 2012 through
2016.
(b) Reservation of Certain Amounts.--From the amount (if any)
appropriated pursuant to subsection (a) for a fiscal year, the
Secretary shall reserve amounts as follows:
(1) Evaluation, research, training, and technical
assistance.--The Secretary shall reserve 3.3 percent
for expenditure by the Secretary for the activities
described in section 436(b)(1).
(2) State court improvements.--The Secretary shall
reserve 3.3 percent for grants under section 438.
(3) Indian tribes or tribal consortia.--The Secretary
shall reserve 3 percent for allotment to Indian tribes
or tribal consortia in accordance with subsection
(c)(1).
(c) Allotments.--
(1) Indian tribes or tribal consortia.--From the
amount (if any) reserved pursuant to subsection (b)(3)
for any fiscal year, the Secretary shall allot to each
Indian tribe with a plan approved under this subpart an
amount that bears the same ratio to such reserved
amount as the number of children in the Indian tribe
bears to the total number of children in all Indian
tribes with State plans so approved, as determined by
the Secretary on the basis of the most current and
reliable information available to the Secretary. If a
consortium of Indian tribes applies and is approved for
a grant under this section, the Secretary shall allot
to the consortium an amount equal to the sum of the
allotments determined for each Indian tribe that is
part of the consortium.
(2) Territories.--From the amount (if any)
appropriated pursuant to subsection (a) for any fiscal
year that remains after applying subection (b) for the
fiscal year, the Secretary shall allot to each of the
jurisdictions of Puerto Rico, Guam, the Virgin Islands,
the Northern Mariana Islands, and American Samoa an
amount determined in the same manner as the allotment
to each of such jurisdictions is determined under
section 423.
(3) Other states.--From the amount (if any)
appropriated pursuant to subsection (a) for any fiscal
year that remains after applying subsection (b) and
paragraph (2) of this subsection for the fiscal year,
the Secretary shall allot to each State (other than an
Indian tribe) which is not specified in paragraph (2)
of this subsection an amount equal to such remaining
amount multiplied by the supplemental nutrition
assistance program benefits percentage (as defined in
section 433(c)(2)) of the State for the fiscal year.
(d) Grants.--The Secretary may make a grant to a State which
has a plan approved under this subpart in an amount equal to
the lesser of--
(1) 75 percent of the total expenditures by the State
for activities under the plan during the fiscal year or
the immediately succeeding fiscal year; or
(2) the allotment of the State under subsection (c)
for the fiscal year.
(e) Applicability of Certain Rules.--The rules of subsections
(b) and (c) of section 434 shall apply in like manner to the
amounts made available pursuant to subsection (a).
(f) Targeted Grants To Increase the Well-Being of, and To
Improve the Permanency Outcomes for, Children Affected by
Substance Abuse.--
(1) Purpose.--The purpose of this subsection is to
authorize the Secretary to make competitive grants to
regional partnerships to provide, through interagency
collaboration and integration of programs and services,
services and activities that are designed to increase
the well-being of, improve permanency outcomes for, and
enhance the safety of children who are in an out-of-
home placement or are at risk of being placed in an
out-of-home placement as a result of a parent's or
caretaker's substance abuse.
(2) Regional partnership defined.--
(A) In general.--In this subsection, the term
``regional partnership'' means a collaborative
agreement (which may be established on an
interstate or intrastate basis) entered into by
at least 2 of the following:
(i) The State child welfare agency
that is responsible for the
administration of the State plan under
this part and part E.
(ii) The State agency responsible for
administering the substance abuse
prevention and treatment block grant
provided under subpart II of part B of
title XIX of the Public Health Service
Act.
(iii) An Indian tribe or tribal
consortium.
(iv) Nonprofit child welfare service
providers.
(v) For-profit child welfare service
providers.
(vi) Community health service
providers.
(vii) Community mental health
providers.
(viii) Local law enforcement
agencies.
(ix) Judges and court personnel.
(x) Juvenile justice officials.
(xi) School personnel.
(xii) Tribal child welfare agencies
(or a consortia of such agencies).
(xiii) Any other providers, agencies,
personnel, officials, or entities that
are related to the provision of child
and family services under this subpart.
(B) Requirements.--
(i) State child welfare agency
partner.--Subject to clause (ii)(I), a
regional partnership entered into for
purposes of this subsection shall
include the State child welfare agency
that is responsible for the
administration of the State plan under
this part and part E as 1 of the
partners.
(ii) Regional partnerships entered
into by indian tribes or tribal
consortia.--If an Indian tribe or
tribal consortium enters into a
regional partnership for purposes of
this subsection, the Indian tribe or
tribal consortium--
(I) may (but is not required
to) include such State child
welfare agency as a partner in
the collaborative agreement;
and
(II) may not enter into a
collaborative agreement only
with tribal child welfare
agencies (or a consortium of
such agencies).
(iii) No state agency only
partnerships.--If a State agency
described in clause (i) or (ii) of
subparagraph (A) enters into a regional
partnership for purposes of this
subsection, the State agency may not
enter into a collaborative agreement
only with the other State agency
described in such clause (i) or (ii).
(3) Authority to award grants.--
(A) In general.--In addition to amounts
authorized to be appropriated to carry out this
section, the Secretary shall award grants under
this subsection, from the amounts reserved for
each of fiscal years 2012 through 2016 under
section 436(b)(5), to regional partnerships
that satisfy the requirements of this
subsection, in amounts that are not less than
$500,000 and not more than $1,000,000 per grant
per fiscal year.
(B) Required minimum period of approval.--
(i) In general.--A grant shall be
awarded under this subsection for a
period of not less than 2, and not more
than 5, fiscal years, subject to clause
(ii).
(ii) Extension of grant.--On
application of the grantee, the
Secretary may extend for not more than
2 fiscal years the period for which a
grant is awarded under this subsection.
(C) Multiple grants allowed.--This subsection
shall not be interpreted to prevent a grantee
from applying for, or being awarded, separate
grants under this subsection.
(4) Application requirements.--To be eligible for a
grant under this subsection, a regional partnership
shall submit to the Secretary a written application
containing the following:
(A) Recent evidence demonstrating that
substance abuse has had a substantial impact on
the number of out-of-home placements for
children, or the number of children who are at
risk of being placed in an out-of-home
placement, in the partnership region.
(B) A description of the goals and outcomes
to be achieved during the funding period for
the grant that will--
(i) enhance the well-being of
children receiving services or taking
part in activities conducted with funds
provided under the grant;
(ii) lead to safety and permanence
for such children; and
(iii) decrease the number of out-of-
home placements for children, or the
number of children who are at risk of
being placed in an out-of-home
placement, in the partnership region.
(C) A description of the joint activities to
be funded in whole or in part with the funds
provided under the grant, including the
sequencing of the activities proposed to be
conducted under the funding period for the
grant.
(D) A description of the strategies for
integrating programs and services determined to
be appropriate for the child and where
appropriate, the child's family.
(E) A description of the strategies for--
(i) collaborating with the State
child welfare agency described in
paragraph (2)(A)(i) (unless that agency
is the lead applicant for the regional
partnership); and
(ii) consulting, as appropriate,
with--
(I) the State agency
described in paragraph
(2)(A)(ii); and
(II) the State law
enforcement and judicial
agencies.
To the extent the Secretary determines that the
requirement of this subparagraph would be
inappropriate to apply to a regional
partnership that includes an Indian tribe,
tribal consortium, or a tribal child welfare
agency or a consortium of such agencies, the
Secretary may exempt the regional partnership
from the requirement.
(F) Such other information as the Secretary
may require.
(5) Use of funds.--Funds made available under a grant
made under this subsection shall only be used for
services or activities that are consistent with the
purpose of this subsection and may include the
following:
(A) Family-based comprehensive long-term
substance abuse treatment services.
(B) Early intervention and preventative
services.
(C) Children and family counseling.
(D) Mental health services.
(E) Parenting skills training.
(F) Replication of successful models for
providing family-based comprehensive long-term
substance abuse treatment services.
(6) Matching requirement.--
(A) Federal share.--A grant awarded under
this subsection shall be available to pay a
percentage share of the costs of services
provided or activities conducted under such
grant, not to exceed--
(i) 85 percent for the first and
second fiscal years for which the grant
is awarded to a recipient;
(ii) 80 percent for the third and
fourth such fiscal years;
(iii) 75 percent for the fifth such
fiscal year;
(iv) 70 percent for the sixth such
fiscal year; and
(v) 65 percent for the seventh such
fiscal year.
(B) Non-federal share.--The non-Federal share
of the cost of services provided or activities
conducted under a grant awarded under this
subsection may be in cash or in kind. In
determining the amount of the non-Federal
share, the Secretary may attribute fair market
value to goods, services, and facilities
contributed from non-Federal sources.
(7) Considerations in awarding grants.--In awarding
grants under this subsection, the Secretary shall take
into consideration the extent to which applicant
regional partnerships--
(A) demonstrate that substance abuse by
parents or caretakers has had a substantial
impact on the number of out-of-home placements
for children, or the number of children who are
at risk of being placed in an out-of-home
placement, in the partnership region;
(B) have limited resources for addressing the
needs of children affected by such abuse;
(C) have a lack of capacity for, or access
to, comprehensive family treatment services;
and
(D) demonstrate a plan for sustaining the
services provided by or activities funded under
the grant after the conclusion of the grant
period.
(8) Performance indicators.--
(A) In general.--Not later than 9 months
after the date of enactment of this subsection,
the Secretary shall establish indicators that
will be used to assess periodically the
performance of the grant recipients under this
subsection in using funds made available under
such grants to achieve the purpose of this
subsection.
(B) Consultation required.--In establishing
the performance indicators required by
subparagraph (A), the Secretary shall consult
with the following:
(i) The Assistant Secretary for the
Administration for Children and
Families.
(ii) The Administrator of the
Substance Abuse and Mental Health
Services Administration.
(iii) Representatives of States in
which a State agency described in
clause (i) or (ii) of paragraph (2)(A)
is a member of a regional partnership
that is a grant recipient under this
subsection.
(iv) Representatives of Indian
tribes, tribal consortia, or tribal
child welfare agencies that are members
of a regional partnership that is a
grant recipient under this subsection.
(9) Reports.--
(A) Grantee reports.--
(i) Annual report.--Not later than
September 30 of the first fiscal year
in which a recipient of a grant under
this subsection is paid funds under the
grant, and annually thereafter until
September 30 of the last fiscal year in
which the recipient is paid funds under
the grant, the recipient shall submit
to the Secretary a report on the
services provided or activities carried
out during that fiscal year with such
funds. The report shall contain such
information as the Secretary determines
is necessary to provide an accurate
description of the services provided or
activities conducted with such funds.
(ii) Incorporation of information
related to performance indicators.--
Each recipient of a grant under this
subsection shall incorporate into the
first annual report required by clause
(i) that is submitted after the
establishment of performance indicators
under paragraph (8), information
required in relation to such
indicators.
(B) Reports to congress.--On the basis of the
reports submitted under subparagraph (A), the
Secretary annually shall submit to the
Committee on Ways and Means of the House of
Representatives and the Committee on Finance of
the Senate a report on--
(i) the services provided and
activities conducted with funds
provided under grants awarded under
this subsection;
(ii) the performance indicators
established under paragraph (8); and
(iii) the progress that has been made
in addressing the needs of families
with substance abuse problems who come
to the attention of the child welfare
system and in achieving the goals of
child safety, permanence, and family
stability.
(10) Limitation on use of funds for administrative
expenses of the secretary.--Not more than 5 percent of
the amounts appropriated or reserved for awarding
grants under this subsection for each of fiscal years
2012 through 2016 may be used by the Secretary for
salaries and Department of Health and Human Services
administrative expenses in administering this
subsection.
* * * * * * *
Part E--Federal Payments for Foster Care and Adoption Assistance
* * * * * * *
STATE PLAN FOR FOSTER CARE AND ADOPTION ASSISTANCE
Sec. 471. (a) In order for a State to be eligible for
payments under this part, it shall have a plan approved by the
Secretary which--
(1) provides for foster care maintenance payments in
accordance with section 472 and for adoption assistance
in accordance with section 473;
(2) provides that the State agency responsible for
administering the program authorized by subpart 1 of
part B of this title shall administer, or supervise the
administration of, the program authorized by this part;
(3) provides that the plan shall be in effect in all
political subdivisions of the State, and, if
administered by them, be mandatory upon them;
(4) provides that the State shall assure that the
programs at the local level assisted under this part
will be coordinated with the programs at the State or
local level assisted under parts A and B of this title,
under subtitle 1 of title XX of this Act, and under any
other appropriate provision of Federal law;
(5) provides that the State will, in the
administration of its programs under this part, use
such methods relating to the establishment and
maintenance of personnel standards on a merit basis as
are found by the Secretary to be necessary for the
proper and efficient operation of the programs, except
that the Secretary shall exercise no authority with
respect to the selection, tenure of office, or
compensation of any individual employed in accordance
with such methods;
(6) provides that the State agency referred to in
paragraph (2) (hereinafter in this part referred to as
the ``State agency'') will make such reports, in such
form and containing such information as the Secretary
may from time to time require, and comply with such
provisions as the Secretary may from time to time find
necessary to assure the correctness and verification of
such reports;
(7) provides that the State agency will monitor and
conduct periodic evaluations of activities carried out
under this part;
(8) subject to subsection (c), provides safeguards
which restrict the use of or disclosure of information
concerning individuals assisted under the State plan to
purposes directly connected with (A) the administration
of the plan of the State approved under this part, the
plan or program of the State under part A, B, or D of
this title or under title I, V, X, XIV, XVI (as in
effect in Puerto Rico, Guam, and the Virgin Islands),
XIX, or XX, or the supplemental security income program
established by title XVI, (B) any investigation,
prosecution, or criminal or civil proceeding, conducted
in connection with the administration of any such plan
or program, (C) the administration of any other Federal
or federally assisted program which provides
assistance, in cash or in kind, or services, directly
to individuals on the basis of need, (D) any audit or
similar activity conducted in connection with the
administration of any such plan or program by any
governmental agency which is authorized by law to
conduct such audit or activity, and (E) reporting and
providing information pursuant to paragraph (9) to
appropriate authorities with respect to known or
suspected child abuse or neglect; and the safeguards so
provided shall prohibit disclosure, to any committee or
legislative body (other than an agency referred to in
clause (D) with respect to an activity referred to in
such clause), of any information which identifies by
name or address any such applicant or recipient; except
that nothing contained herein shall preclude a State
from providing standards which restrict disclosures to
purposes more limited than those specified herein, or
which, in the case of adoptions, prevent disclosure
entirely;
(9) provides that the State agency will--
(A) report to an appropriate agency or
official, known or suspected instances of
physical or mental injury, sexual abuse or
exploitation, or negligent treatment or
maltreatment of a child receiving aid under
part B or this part under circumstances which
indicate that the child's health or welfare is
threatened thereby;
(B) provide such information with respect to
a situation described in subparagraph (A) as
the State agency may have; and
(C) not later than--
(i) 1 year after the date of
enactment of this subparagraph,
demonstrate to the Secretary that the
State agency has developed, in
consultation with State and local law
enforcement, juvenile justice systems,
health care providers, education
agencies, and organizations with
experience in dealing with at-risk
children and youth, policies and
procedures (including relevant training
for caseworkers) for identifying,
documenting in agency records, and
determining appropriate services with
respect to--
(I) any child or youth over
whom the State agency has
responsibility for placement,
care, or supervision and who
the State has reasonable cause
to believe is, or is at risk of
being, a sex trafficking victim
(including children for whom a
State child welfare agency has
an open case file but who have
not been removed from the home,
children who have run away from
foster care and who have not
attained 18 years of age or
such older age as the State has
elected under section 475(8) of
this Act, and youth who are not
in foster care but are
receiving services under
section 477 of this Act); and
(II) at the option of the
State, any individual who has
not attained 26 years of age,
without regard to whether the
individual is or was in foster
care under the responsibility
of the State; and
(ii) 2 years after such date of
enactment, demonstrate to the Secretary
that the State agency is implementing
the policies and procedures referred to
in clause (i).
(10) provides--
(A) for the establishment or designation of a
State authority or authorities that shall be
responsible for establishing and maintaining
standards for foster family homes and child
care institutions which are reasonably in
accord with recommended standards of national
organizations concerned with standards for the
institutions or homes, including standards
related to admission policies, safety,
sanitation, and protection of civil rights, and
which shall permit use of the reasonable and
prudent parenting standard;
(B) that the standards established pursuant
to subparagraph (A) shall be applied by the
State to any foster family home or child care
institution receiving funds under this part or
part B and shall require, as a condition of
each contract entered into by a child care
institution to provide foster care, the
presence on-site of at least 1 official who,
with respect to any child placed at the child
care institution, is designated to be the
caregiver who is authorized to apply the
reasonable and prudent parent standard to
decisions involving the participation of the
child in age or developmentally-appropriate
activities, and who is provided with training
in how to use and apply the reasonable and
prudent parent standard in the same manner as
prospective foster parents are provided the
training pursuant to paragraph (24);
(C) that the standards established pursuant
to subparagraph (A) shall include policies
related to the liability of foster parents and
private entities under contract by the State
involving the application of the reasonable and
prudent parent standard, to ensure appropriate
liability for caregivers when a child
participates in an approved activity and the
caregiver approving the activity acts in
accordance with the reasonable and prudent
parent standard; and
(D) that a waiver of any standards
established pursuant to subparagraph (A) may be
made only on a case-by-case basis for nonsafety
standards (as determined by the State) in
relative foster family homes for specific
children in care;
(11) provides for periodic review of the standards
referred to in the preceding paragraph and amounts paid
as foster care maintenance payments and adoption
assistance to assure their continuing appropriateness;
(12) provides for granting an opportunity for a fair
hearing before the State agency to any individual whose
claim for benefits available pursuant to this part is
denied or is not acted upon with reasonable promptness;
(13) provides that the State shall arrange for a
periodic and independently conducted audit of the
programs assisted under this part and part B of this
title, which shall be conducted no less frequently than
once every three years;
(14) provides (A) specific goals (which shall be
established by State law on or before October 1, 1982)
for each fiscal year (commencing with the fiscal year
which begins on October 1, 1983) as to the maximum
number of children (in absolute numbers or as a
percentage of all children in foster care with respect
to whom assistance under the plan is provided during
such year) who, at any time during such year, will
remain in foster care after having been in such care
for a period in excess of twenty-four months, and (B) a
description of the steps which will be taken by the
State to achieve such goals;
(15) provides that--
(A) in determining reasonable efforts to be
made with respect to a child, as described in
this paragraph, and in making such reasonable
efforts, the child's health and safety shall be
the paramount concern;
(B) except as provided in subparagraph (D),
reasonable efforts shall be made to preserve
and reunify
families--
(i) prior to the placement of a child
in foster care, to prevent or eliminate
the need for removing the child from
the child's home; and
(ii) to make it possible for a child
to safely return to the child's home;
(C) if continuation of reasonable efforts of
the type described in subparagraph (B) is
determined to be inconsistent with the
permanency plan for the child, reasonable
efforts shall be made to place the child in a
timely manner in accordance with the permanency
plan (including, if appropriate, through an
interstate placement), and to complete whatever
steps are necessary to finalize the permanent
placement of the child;
(D) reasonable efforts of the type described
in subparagraph (B) shall not be required to be
made with respect to a parent of a child if a
court of competent jurisdiction has determined
that--
(i) the parent has subjected the
child to aggravated circumstances (as
defined in State law, which definition
may include but need not be limited to
abandonment, torture, chronic abuse,
and sexual abuse);
(ii) the parent has--
(I) committed murder (which
would have been an offense
under section 1111(a) of title
18, United States Code, if the
offense had occurred in the
special maritime or territorial
jurisdiction of the United
States) of another child of the
parent;
(II) committed voluntary
manslaughter (which would have
been an offense under section
1112(a) of title 18, United
States Code, if the offense had
occurred in the special
maritime or territorial
jurisdiction of the United
States) of another child of the
parent;
(III) aided or abetted,
attempted, conspired, or
solicited to commit such a
murder or such a voluntary
manslaughter; or
(IV) committed a felony
assault that results in serious
bodily injury to the child or
another child of the parent; or
(iii) the parental rights of the
parent to a sibling have been
terminated involuntarily;
(E) if reasonable efforts of the type
described in subparagraph (B) are not made with
respect to a child as a result of a
determination made by a court of competent
jurisdiction in accordance with subparagraph
(D)--
(i) a permanency hearing (as
described in section 475(5)(C)), which
considers in-State and out-of-State
permanent placement options for the
child, shall be held for the child
within 30 days after the determination;
and
(ii) reasonable efforts shall be made
to place the child in a timely manner
in accordance with the permanency plan,
and to complete whatever steps are
necessary to finalize the permanent
placement of the child; and
(F) reasonable efforts to place a child for
adoption or with a legal guardian, including
identifying appropriate in-State and out-of-
State placements may be made concurrently with
reasonable efforts of the type described in
subparagraph (B);
(16) provides for the development of a case plan (as
defined in section 475(1) and in accordance with the
requirements of section 475A) for each child receiving
foster care maintenance payments under the State plan
and provides for a case review system which meets the
requirements described in sections 475(5) and 475A with
respect to each such child;
(17) provides that, where appropriate, all steps will
be taken, including cooperative efforts with the State
agencies administering the program funded under part A
and plan approved under part D, to secure an assignment
to the State of any rights to support on behalf of each
child receiving foster care maintenance payments under
this part;
(18) not later than January 1, 1997, provides that
neither the State nor any other entity in the State
that receives funds from the Federal Government and is
involved in adoption or foster care placements may--
(A) deny to any person the opportunity to
become an adoptive or a foster parent, on the
basis of the race, color, or national origin of
the person, or of the child, involved; or
(B) delay or deny the placement of a child
for adoption or into foster care, on the basis
of the race, color, or national origin of the
adoptive or foster parent, or the child,
involved;
(19) provides that the State shall consider giving
preference to an adult relative over a non-related
caregiver when determining a placement for a child,
provided that the relative caregiver meets all relevant
State child protection standards;
(20)(A) provides procedures for criminal records
checks, including fingerprint-based checks of national
crime information databases (as defined in section
534(e)(3)(A) of title 28, United States Code), for any
prospective foster or adoptive parent before the foster
or adoptive parent may be finally approved for
placement of a child regardless of whether foster care
maintenance payments or adoption assistance payments
are to be made on behalf of the child under the State
plan under this part, including procedures requiring
that--
(i) in any case involving a child on whose
behalf such payments are to be so made in which
a record check reveals a felony conviction for
child abuse or neglect, for spousal abuse, for
a crime against children (including child
pornography), or for a crime involving
violence, including rape, sexual assault, or
homicide, but not including other physical
assault or battery, if a State finds that a
court of competent jurisdiction has determined
that the felony was committed at any time, such
final approval shall not be granted; and
(ii) in any case involving a child on whose
behalf such payments are to be so made in which
a record check reveals a felony conviction for
physical assault, battery, or a drug-related
offense, if a State finds that a court of
competent jurisdiction has determined that the
felony was committed within the past 5 years,
such final approval shall not be granted; and
(B) provides that the State shall--
(i) check any child abuse and neglect
registry maintained by the State for
information on any prospective foster or
adoptive parent and on any other adult living
in the home of such a prospective parent, and
request any other State in which any such
prospective parent or other adult has resided
in the preceding 5 years, to enable the State
to check any child abuse and neglect registry
maintained by such other State for such
information, before the prospective foster or
adoptive parent may be finally approved for
placement of a child, regardless of whether
foster care maintenance payments or adoption
assistance payments are to be made on behalf of
the child under the State plan under this part;
(ii) comply with any request described in
clause (i) that is received from another State;
and
(iii) have in place safeguards to prevent the
unauthorized disclosure of information in any
child abuse and neglect registry maintained by
the State, and to prevent any such information
obtained pursuant to this subparagraph from
being used for a purpose other than the
conducting of background checks in foster or
adoptive placement cases; and
(C) provides procedures for criminal records checks,
including fingerprint-based checks of national crime
information databases (as defined in section
534(e)(3)(A) of title 28, United States Code), on any
relative guardian, and for checks described in
subparagraph (B) of this paragraph on any relative
guardian and any other adult living in the home of any
relative guardian, before the relative guardian may
receive kinship guardianship assistance payments on
behalf of the child under the State plan under this
part;
(21) provides for health insurance coverage
(including, at State option, through the program under
the State plan approved under title XIX) for any child
who has been determined to be a child with special
needs, for whom there is in effect an adoption
assistance agreement (other than an agreement under
this part) between the State and an adoptive parent or
parents, and who the State has determined cannot be
placed with an adoptive parent or parents without
medical assistance because such child has special needs
for medical, mental health, or rehabilitative care, and
that with respect to the provision of such health
insurance coverage--
(A) such coverage may be provided through 1
or more State medical assistance programs;
(B) the State, in providing such coverage,
shall ensure that the medical benefits,
including mental health benefits, provided are
of the same type and kind as those that would
be provided for children by the State under
title XIX;
(C) in the event that the State provides such
coverage through a State medical assistance
program other than the program under title XIX,
and the State exceeds its funding for services
under such other program, any such child shall
be deemed to be receiving aid or assistance
under the State plan under this part for
purposes of section 1902(a)(10)(A)(i)(I); and
(D) in determining cost-sharing requirements,
the State shall take into consideration the
circumstances of the adopting parent or parents
and the needs of the child being adopted
consistent, to the extent coverage is provided
through a State medical assistance program,
with the rules under such program;
(22) provides that, not later than January 1, 1999,
the State shall develop and implement standards to
ensure that children in foster care placements in
public or private agencies are provided quality
services that protect the safety and health of the
children;
(23) provides that the State shall not--
(A) deny or delay the placement of a child
for adoption when an approved family is
available outside of the
jurisdiction with responsibility for handling
the case of the child; or
(B) fail to grant an opportunity for a fair
hearing, as described in paragraph (12), to an
individual whose allegation of a violation of
subparagraph (A) of this paragraph is denied by
the State or not acted upon by the State with
reasonable promptness;
(24) includes a certification that, before a child in
foster care under the responsibility of the State is
placed with prospective foster parents, the prospective
foster parents will be prepared adequately with the
appropriate knowledge and skills to provide for the
needs of the child, that the preparation will be
continued, as necessary, after the placement of the
child, and that the preparation shall include knowledge
and skills relating to the reasonable and prudent
parent standard for the participation of the child in
age or developmentally-appropriate activities,
including knowledge and skills relating to the
developmental stages of the cognitive, emotional,
physical, and behavioral capacities of a child, and
knowledge and skills relating to applying the standard
to decisions such as whether to allow the child to
engage in social, extracurricular, enrichment,
cultural, and social activities, including sports,
field trips, and overnight activities lasting 1 or more
days, and to decisions involving the signing of
permission slips and arranging of transportation for
the child to and from extracurricular, enrichment, and
social activities;
(25) provide that the State shall have in effect
procedures for the orderly and timely interstate
placement of children; and procedures implemented in
accordance with an interstate compact, if incorporating
with the procedures prescribed by paragraph (26), shall
be considered to satisfy the requirement of this
paragraph;
(26) provides that--
(A)(i) within 60 days after the State
receives from another State a request to
conduct a study of a home environment for
purposes of assessing the safety and
suitability of placing a child in the home, the
State shall, directly or by contract--
(I) conduct and complete the study;
and
(II) return to the other State a
report on the results of the study,
which shall address the extent to which
placement in the home would meet the
needs of the child; and
(ii) in the case of a home study begun on or
before September 30, 2008, if the State fails
to comply with clause (i) within the 60-day
period as a result of circumstances beyond the
control of the State (such as a failure by a
Federal agency to provide the results of a
background check, or the failure by any entity
to provide completed medical forms, requested
by the State at least 45 days before the end of
the 60-day period), the State shall have 75
days to comply with clause (i) if the State
documents the circumstances involved and
certifies that completing the home study is in
the best interests of the child; except that
(iii) this subparagraph shall not be
construed to require the State to have
completed, within the applicable period, the
parts of the home study involving the education
and training of the prospective foster or
adoptive parents;
(B) the State shall treat any report
described in subparagraph (A) that is received
from another State or an Indian tribe (or from
a private agency under contract with another
State) as meeting any requirements imposed by
the State for the completion of a home study
before placing a child in the home, unless,
within 14 days after receipt of the report, the
State determines, based on grounds that are
specific to the content of the report, that
making a decision in reliance on the report
would be contrary to the welfare of the child;
and
(C) the State shall not impose any
restriction on the ability of a State agency
administering, or supervising the
administration of, a State program operated
under a State plan approved under this part to
contract with a private agency for the conduct
of a home study described in subparagraph (A);
(27) provides that, with respect to any child in
foster care under the responsibility of the State under
this part or part B and without regard to whether
foster care maintenance payments are made under section
472 on behalf of the child, the State has in effect
procedures for verifying the citizenship or immigration
status of the child;
(28) at the option of the State, provides for the
State to enter into kinship guardianship assistance
agreements to provide kinship guardianship assistance
payments on behalf of children to grandparents and
other relatives who have assumed legal guardianship of
the children for whom they have cared as foster parents
and for whom they have committed to care on a permanent
basis, as provided in section 473(d);
(29) provides that, within 30 days after the removal
of a child from the custody of the parent or parents of
the child, the State shall exercise due diligence to
identify and provide notice to the following relatives:
all adult grandparents, all parents of a sibling of the
child, where such parent has legal custody of such
sibling, and other adult relatives of the child
(including any other adult relatives suggested by the
parents), subject to exceptions due to family or
domestic violence, that--
(A) specifies that the child has been or is
being removed from the custody of the parent or
parents of the child;
(B) explains the options the relative has
under Federal, State, and local law to
participate in the care and placement of the
child, including any options that may be lost
by failing to respond to the notice;
(C) describes the requirements under
paragraph (10) of this subsection to become a
foster family home and the additional services
and supports that are available for children
placed in such a home; and
(D) if the State has elected the option to
make kinship guardianship assistance payments
under paragraph (28) of this subsection,
describes how the relative guardian of the
child may subsequently enter into an agreement
with the State under section 473(d) to receive
the payments;
(30) provides assurances that each child who has
attained the minimum age for compulsory school
attendance under State law and with respect to whom
there is eligibility for a payment under the State plan
is a full-time elementary or secondary school student
or has completed secondary school, and for purposes of
this paragraph, the term ``elementary or secondary
school student'' means, with respect to a child, that
the child is--
(A) enrolled (or in the process of enrolling)
in an institution which provides elementary or
secondary education, as determined under the
law of the State or other jurisdiction in which
the institution is located;
(B) instructed in elementary or secondary
education at home in accordance with a home
school law of the State or other jurisdiction
in which the home is located;
(C) in an independent study elementary or
secondary education program in accordance with
the law of the State or other jurisdiction in
which the program is located, which is
administered by the local school or school
district; or
(D) incapable of attending school on a full-
time basis due to the medical condition of the
child, which incapability is supported by
regularly updated information in the case plan
of the child;
(31) provides that reasonable efforts shall be made--
(A) to place siblings removed from their home
in the same foster care, kinship guardianship,
or adoptive placement, unless the State
documents that such a joint placement would be
contrary to the safety or well-being of any of
the siblings; and
(B) in the case of siblings removed from
their home who are not so jointly placed, to
provide for frequent visitation or other
ongoing interaction between the siblings,
unless that State documents that frequent
visitation or other ongoing interaction would
be contrary to the safety or well-being of any
of the siblings;
(32) provides that the State will negotiate in good
faith with any Indian tribe, tribal organization or
tribal consortium in the State that requests to develop
an agreement with the State to administer all or part
of the program under this part on behalf of Indian
children who are under the authority of the tribe,
organization, or consortium, including foster care
maintenance payments on behalf of children who are
placed in State or tribally licensed foster family
homes, adoption assistance payments, and, if the State
has elected to provide such payments, kinship
guardianship assistance payments under section 473(d),
and tribal access to resources for administration,
training, and data collection under this part;
(33) provides that the State will inform any
individual who is adopting, or whom the State is made
aware is considering adopting, a child who is in foster
care under the responsibility of the State of the
potential eligibility of the individual for a Federal
tax credit under section 23 of the Internal Revenue
Code of 1986;
(34) provides that, for each child or youth described
in paragraph (9)(C)(i)(I), the State agency shall--
(A) not later than 2 years after the date of
the enactment of this paragraph, report
immediately, and in no case later than 24 hours
after receiving information on children or
youth who have been identified as being a sex
trafficking victim, to the law enforcement
authorities; and
(B) not later than 3 years after such date of
enactment and annually thereafter, report to
the Secretary the total number of children and
youth who are sex trafficking victims; and
(35) provides that--
(A) not later than 1 year after the date of
the enactment of this paragraph, the State
shall develop and implement specific protocols
for--
(i) expeditiously locating any child
missing from foster care;
(ii) determining the primary factors
that contributed to the child's running
away or otherwise being absent from
care, and to the extent possible and
appropriate, responding to those
factors in current and subsequent
placements;
(iii) determining the child's
experiences while absent from care,
including screening the child to
determine if the child is a possible
sex trafficking victim (as defined in
section 475(9)(A)); and
(iv) reporting such related
information as required by the
Secretary; and
(B) not later than 2 years after such date of
enactment, for each child and youth described
in paragraph (9)(C)(i)(I) of this subsection,
the State agency shall report immediately, and
in no case later than 24 hours after receiving,
information on missing or abducted children or
youth to the law enforcement authorities for
entry into the National Crime Information
Center (NCIC) database of the Federal Bureau of
Investigation, established pursuant to section
534 of title 28, United States Code, and to the
National Center for Missing and Exploited
Children.
(b) The Secretary shall approve any plan which complies with
the provisions of subsection (a) of this section.
(c) Use of Child Welfare Records in State Court
Proceedings.--Subsection (a)(8) shall not be construed to limit
the flexibility of a State in determining State policies
relating to public access to court proceedings to determine
child abuse and neglect or other court hearings held pursuant
to part B or this part, except that such policies shall, at a
minimum, ensure the safety and well-being of the child,
parents, and family.
(d) Annual Reports by the Secretary on Number of Children and
Youth Reported by States To Be Sex Trafficking Victims.--Not
later than 4 years after the date of the enactment of this
subsection and annually thereafter, the Secretary shall report
to the Congress and make available to the public on the
Internet website of the Department of Health and Human Services
the number of children and youth reported in accordance with
subsection (a)(34)(B) of this section to be sex trafficking
victims (as defined in section 475(9)(A)).
* * * * * * *
B. Changes in Existing Law Proposed by the Bill, as Reported
In compliance with clause 3(e)(1)(B) of rule XIII of the
Rules of the House of Representatives, changes in existing law
proposed by the bill, as reported, are shown as follows
(existing law proposed to be omitted is enclosed in black
brackets, new matter is printed in italic, existing law in
which no change is proposed is shown in roman):
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e)(1)(B) of rule XIII of the
Rules of the House of Representatives, changes in existing law
proposed by the bill, as reported, are shown as follows
(existing law proposed to be omitted is enclosed in black
brackets and existing law in which no change is proposed is
shown in roman):
SOCIAL SECURITY ACT
* * * * * * *
TITLE IV--GRANTS TO STATES FOR AID AND SERVICES TO NEEDY FAMILIES WITH
CHILDREN AND FOR CHILD-WELFARE SERVICES
* * * * * * *
PART B--CHILD AND FAMILY SERVICES
* * * * * * *
Subpart 2--Promoting Safe and Stable Families
* * * * * * *
SEC. 437. DISCRETIONARY AND TARGETED GRANTS.
(a) Limitations on Authorization of Appropriations.--In
addition to any amount appropriated pursuant to section 436,
there are authorized to be appropriated to carry out this
section $200,000,000 for each of fiscal years 2012 through
[2016] 2017.
(b) Reservation of Certain Amounts.--From the amount (if any)
appropriated pursuant to subsection (a) for a fiscal year, the
Secretary shall reserve amounts as follows:
(1) Evaluation, research, training, and technical
assistance.--The Secretary shall reserve 3.3 percent
for expenditure by the Secretary for the activities
described in section 436(b)(1).
(2) State court improvements.--The Secretary shall
reserve 3.3 percent for grants under section 438.
(3) Indian tribes or tribal consortia.--The Secretary
shall reserve 3 percent for allotment to Indian tribes
or tribal consortia in accordance with subsection
(c)(1).
(4) Improving the interstate placement of children.--
The Secretary shall reserve $5,000,000 of the amount
made available for fiscal year 2017 for grants under
subsection (g), and the amount so reserved shall remain
available through fiscal year 2021.
(c) Allotments.--
(1) Indian tribes or tribal consortia.--From the
amount (if any) reserved pursuant to subsection (b)(3)
for any fiscal year, the Secretary shall allot to each
Indian tribe with a plan approved under this subpart an
amount that bears the same ratio to such reserved
amount as the number of children in the Indian tribe
bears to the total number of children in all Indian
tribes with State plans so approved, as determined by
the Secretary on the basis of the most current and
reliable information available to the Secretary. If a
consortium of Indian tribes applies and is approved for
a grant under this section, the Secretary shall allot
to the consortium an amount equal to the sum of the
allotments determined for each Indian tribe that is
part of the consortium.
(2) Territories.--From the amount (if any)
appropriated pursuant to subsection (a) for any fiscal
year that remains after applying subection (b) for the
fiscal year, the Secretary shall allot to each of the
jurisdictions of Puerto Rico, Guam, the Virgin Islands,
the Northern Mariana Islands, and American Samoa an
amount determined in the same manner as the allotment
to each of such jurisdictions is determined under
section 423.
(3) Other states.--From the amount (if any)
appropriated pursuant to subsection (a) for any fiscal
year that remains after applying subsection (b) and
paragraph (2) of this subsection for the fiscal year,
the Secretary shall allot to each State (other than an
Indian tribe) which is not specified in paragraph (2)
of this subsection an amount equal to such remaining
amount multiplied by the supplemental nutrition
assistance program benefits percentage (as defined in
section 433(c)(2)) of the State for the fiscal year.
(d) Grants.--The Secretary may make a grant to a State which
has a plan approved under this subpart in an amount equal to
the lesser of--
(1) 75 percent of the total expenditures by the State
for activities under the plan during the fiscal year or
the immediately succeeding fiscal year; or
(2) the allotment of the State under subsection (c)
for the fiscal year.
(e) Applicability of Certain Rules.--The rules of subsections
(b) and (c) of section 434 shall apply in like manner to the
amounts made available pursuant to subsection (a).
(f) Targeted Grants To Increase the Well-Being of, and To
Improve the Permanency Outcomes for, Children Affected by
Substance Abuse.--
(1) Purpose.--The purpose of this subsection is to
authorize the Secretary to make competitive grants to
regional partnerships to provide, through interagency
collaboration and integration of programs and services,
services and activities that are designed to increase
the well-being of, improve permanency outcomes for, and
enhance the safety of children who are in an out-of-
home placement or are at risk of being placed in an
out-of-home placement as a result of a parent's or
caretaker's substance abuse.
(2) Regional partnership defined.--
(A) In general.--In this subsection, the term
``regional partnership'' means a collaborative
agreement (which may be established on an
interstate or intrastate basis) entered into by
at least 2 of the following:
(i) The State child welfare agency
that is responsible for the
administration of the State plan under
this part and part E.
(ii) The State agency responsible for
administering the substance abuse
prevention and treatment block grant
provided under subpart II of part B of
title XIX of the Public Health Service
Act.
(iii) An Indian tribe or tribal
consortium.
(iv) Nonprofit child welfare service
providers.
(v) For-profit child welfare service
providers.
(vi) Community health service
providers.
(vii) Community mental health
providers.
(viii) Local law enforcement
agencies.
(ix) Judges and court personnel.
(x) Juvenile justice officials.
(xi) School personnel.
(xii) Tribal child welfare agencies
(or a consortia of such agencies).
(xiii) Any other providers, agencies,
personnel, officials, or entities that
are related to the provision of child
and family services under this subpart.
(B) Requirements.--
(i) State child welfare agency
partner.--Subject to clause (ii)(I), a
regional partnership entered into for
purposes of this subsection shall
include the State child welfare agency
that is responsible for the
administration of the State plan under
this part and part E as 1 of the
partners.
(ii) Regional partnerships entered
into by indian tribes or tribal
consortia.--If an Indian tribe or
tribal consortium enters into a
regional partnership for purposes of
this subsection, the Indian tribe or
tribal consortium--
(I) may (but is not required
to) include such State child
welfare agency as a partner in
the collaborative agreement;
and
(II) may not enter into a
collaborative agreement only
with tribal child welfare
agencies (or a consortium of
such agencies).
(iii) No state agency only
partnerships.--If a State agency
described in clause (i) or (ii) of
subparagraph (A) enters into a regional
partnership for purposes of this
subsection, the State agency may not
enter into a collaborative agreement
only with the other State agency
described in such clause (i) or (ii).
(3) Authority to award grants.--
(A) In general.--In addition to amounts
authorized to be appropriated to carry out this
section, the Secretary shall award grants under
this subsection, from the amounts reserved for
each of fiscal years 2012 through 2016 under
section 436(b)(5), to regional partnerships
that satisfy the requirements of this
subsection, in amounts that are not less than
$500,000 and not more than $1,000,000 per grant
per fiscal year.
(B) Required minimum period of approval.--
(i) In general.--A grant shall be
awarded under this subsection for a
period of not less than 2, and not more
than 5, fiscal years, subject to clause
(ii).
(ii) Extension of grant.--On
application of the grantee, the
Secretary may extend for not more than
2 fiscal years the period for which a
grant is awarded under this subsection.
(C) Multiple grants allowed.--This subsection
shall not be interpreted to prevent a grantee
from applying for, or being awarded, separate
grants under this subsection.
(4) Application requirements.--To be eligible for a
grant under this subsection, a regional partnership
shall submit to the Secretary a written application
containing the following:
(A) Recent evidence demonstrating that
substance abuse has had a substantial impact on
the number of out-of-home placements for
children, or the number of children who are at
risk of being placed in an out-of-home
placement, in the partnership region.
(B) A description of the goals and outcomes
to be achieved during the funding period for
the grant that will--
(i) enhance the well-being of
children receiving services or taking
part in activities conducted with funds
provided under the grant;
(ii) lead to safety and permanence
for such children; and
(iii) decrease the number of out-of-
home placements for children, or the
number of children who are at risk of
being placed in an out-of-home
placement, in the partnership region.
(C) A description of the joint activities to
be funded in whole or in part with the funds
provided under the grant, including the
sequencing of the activities proposed to be
conducted under the funding period for the
grant.
(D) A description of the strategies for
integrating programs and services determined to
be appropriate for the child and where
appropriate, the child's family.
(E) A description of the strategies for--
(i) collaborating with the State
child welfare agency described in
paragraph (2)(A)(i) (unless that agency
is the lead applicant for the regional
partnership); and
(ii) consulting, as appropriate,
with--
(I) the State agency
described in paragraph
(2)(A)(ii); and
(II) the State law
enforcement and judicial
agencies.
To the extent the Secretary determines that the
requirement of this subparagraph would be
inappropriate to apply to a regional
partnership that includes an Indian tribe,
tribal consortium, or a tribal child welfare
agency or a consortium of such agencies, the
Secretary may exempt the regional partnership
from the requirement.
(F) Such other information as the Secretary
may require.
(5) Use of funds.--Funds made available under a grant
made under this subsection shall only be used for
services or activities that are consistent with the
purpose of this subsection and may include the
following:
(A) Family-based comprehensive long-term
substance abuse treatment services.
(B) Early intervention and preventative
services.
(C) Children and family counseling.
(D) Mental health services.
(E) Parenting skills training.
(F) Replication of successful models for
providing family-based comprehensive long-term
substance abuse treatment services.
(6) Matching requirement.--
(A) Federal share.--A grant awarded under
this subsection shall be available to pay a
percentage share of the costs of services
provided or activities conducted under such
grant, not to exceed--
(i) 85 percent for the first and
second fiscal years for which the grant
is awarded to a recipient;
(ii) 80 percent for the third and
fourth such fiscal years;
(iii) 75 percent for the fifth such
fiscal year;
(iv) 70 percent for the sixth such
fiscal year; and
(v) 65 percent for the seventh such
fiscal year.
(B) Non-federal share.--The non-Federal share
of the cost of services provided or activities
conducted under a grant awarded under this
subsection may be in cash or in kind. In
determining the amount of the non-Federal
share, the Secretary may attribute fair market
value to goods, services, and facilities
contributed from non-Federal sources.
(7) Considerations in awarding grants.--In awarding
grants under this subsection, the Secretary shall take
into consideration the extent to which applicant
regional partnerships--
(A) demonstrate that substance abuse by
parents or caretakers has had a substantial
impact on the number of out-of-home placements
for children, or the number of children who are
at risk of being placed in an out-of-home
placement, in the partnership region;
(B) have limited resources for addressing the
needs of children affected by such abuse;
(C) have a lack of capacity for, or access
to, comprehensive family treatment services;
and
(D) demonstrate a plan for sustaining the
services provided by or activities funded under
the grant after the conclusion of the grant
period.
(8) Performance indicators.--
(A) In general.--Not later than 9 months
after the date of enactment of this subsection,
the Secretary shall establish indicators that
will be used to assess periodically the
performance of the grant recipients under this
subsection in using funds made available under
such grants to achieve the purpose of this
subsection.
(B) Consultation required.--In establishing
the performance indicators required by
subparagraph (A), the Secretary shall consult
with the following:
(i) The Assistant Secretary for the
Administration for Children and
Families.
(ii) The Administrator of the
Substance Abuse and Mental Health
Services Administration.
(iii) Representatives of States in
which a State agency described in
clause (i) or (ii) of paragraph (2)(A)
is a member of a regional partnership
that is a grant recipient under this
subsection.
(iv) Representatives of Indian
tribes, tribal consortia, or tribal
child welfare agencies that are members
of a regional partnership that is a
grant recipient under this subsection.
(9) Reports.--
(A) Grantee reports.--
(i) Annual report.--Not later than
September 30 of the first fiscal year
in which a recipient of a grant under
this subsection is paid funds under the
grant, and annually thereafter until
September 30 of the last fiscal year in
which the recipient is paid funds under
the grant, the recipient shall submit
to the Secretary a report on the
services provided or activities carried
out during that fiscal year with such
funds. The report shall contain such
information as the Secretary determines
is necessary to provide an accurate
description of the services provided or
activities conducted with such funds.
(ii) Incorporation of information
related to performance indicators.--
Each recipient of a grant under this
subsection shall incorporate into the
first annual report required by clause
(i) that is submitted after the
establishment of performance indicators
under paragraph (8), information
required in relation to such
indicators.
(B) Reports to congress.--On the basis of the
reports submitted under subparagraph (A), the
Secretary annually shall submit to the
Committee on Ways and Means of the House of
Representatives and the Committee on Finance of
the Senate a report on--
(i) the services provided and
activities conducted with funds
provided under grants awarded under
this subsection;
(ii) the performance indicators
established under paragraph (8); and
(iii) the progress that has been made
in addressing the needs of families
with substance abuse problems who come
to the attention of the child welfare
system and in achieving the goals of
child safety, permanence, and family
stability.
(10) Limitation on use of funds for administrative
expenses of the secretary.--Not more than 5 percent of
the amounts appropriated or reserved for awarding
grants under this subsection for each of fiscal years
2012 through 2016 may be used by the Secretary for
salaries and Department of Health and Human Services
administrative expenses in administering this
subsection.
(g) Grants for the Development of an Electronic Interstate
Case-processing System to Expedite the Interstate Placement of
Children in Foster Care or Guardianship, or for Adoption.--
(1) Purpose.--The purpose of this subsection is to
facilitate the development of an electronic interstate
case-processing system for the exchange of data and
documents to expedite the placements of children in
foster, guardianship, or adoptive homes across State
lines.
(2) Application requirements.--A State that desires a
grant under this subsection shall submit to the
Secretary an application containing the following:
(A) A description of the goals and outcomes
to be achieved during the period for which
grant funds are sought, which goals and
outcomes must result in--
(i) reducing the time it takes for a
child to be provided with a safe and
appropriate permanent living
arrangement across State lines;
(ii) improving administrative
processes and reducing costs in the
foster care system; and
(iii) the secure exchange of relevant
case files and other necessary
materials in real time, and timely
communications and placement decisions
regarding interstate placements of
children.
(B) A description of the activities to be
funded in whole or in part with the grant
funds, including the sequencing of the
activities.
(C) A description of the strategies for
integrating programs and services for children
who are placed across State lines.
(D) Such other information as the Secretary
may require.
(3) Grant authority.--The Secretary may make a grant
to a State that complies with paragraph (2).
(4) Use of funds.--A State to which a grant is made
under this subsection shall use the grant to support
the State in connecting with the electronic interstate
case-processing system described in paragraph (1).
(5) Evaluations.--Not later than 1 year after the
final year in which grants are awarded under this
subsection, the Secretary shall submit to the Congress,
and make available to the general public by posting on
a website, a report that contains the following
information:
(A) How using the electronic interstate case-
processing system developed pursuant to
paragraph (4) has changed the time it takes for
children to be placed across State lines.
(B) The number of cases subject to the
Interstate Compact on the Placement of Children
that were processed through the electronic
interstate case-processing system, and the
number of interstate child placement cases that
were processed outside the electronic
interstate case-processing system, by each
State in each year.
(C) The progress made by States in
implementing the electronic interstate case-
processing system.
(D) How using the electronic interstate case-
processing system has affected various metrics
related to child safety and well-being,
including the time it takes for children to be
placed across State lines.
(E) How using the electronic interstate case-
processing system has affected administrative
costs and caseworker time spent on placing
children across State lines.
(6) Data integration.--The Secretary, in consultation
with the Secretariat for the Interstate Compact on the
Placement of Children and the States, shall assess how
the electronic interstate case-processing system
developed pursuant to paragraph (4) could be used to
better serve and protect children that come to the
attention of the child welfare system, by--
(A) connecting the system with other data
systems (such as systems operated by State law
enforcement and judicial agencies, systems
operated by the Federal Bureau of Investigation
for the purposes of the Innocence Lost National
Initiative, and other systems);
(B) simplifying and improving reporting
related to paragraphs (34) and (35) of section
471(a) regarding children or youth who have
been identified as being a sex trafficking
victim or children missing from foster care;
and
(C) improving the ability of States to
quickly comply with background check
requirements of section 471(a)(20), including
checks of child abuse and neglect registries as
required by section 471(a)(20)(B).
* * * * * * *
Part E--Federal Payments for Foster Care and Adoption Assistance
* * * * * * *
STATE PLAN FOR FOSTER CARE AND ADOPTION ASSISTANCE
Sec. 471. (a) In order for a State to be eligible for
payments under this part, it shall have a plan approved by the
Secretary which--
(1) provides for foster care maintenance payments in
accordance with section 472 and for adoption assistance
in accordance with section 473;
(2) provides that the State agency responsible for
administering the program authorized by subpart 1 of
part B of this title shall administer, or supervise the
administration of, the program authorized by this part;
(3) provides that the plan shall be in effect in all
political subdivisions of the State, and, if
administered by them, be mandatory upon them;
(4) provides that the State shall assure that the
programs at the local level assisted under this part
will be coordinated with the programs at the State or
local level assisted under parts A and B of this title,
under subtitle 1 of title XX of this Act, and under any
other appropriate provision of Federal law;
(5) provides that the State will, in the
administration of its programs under this part, use
such methods relating to the establishment and
maintenance of personnel standards on a merit basis as
are found by the Secretary to be necessary for the
proper and efficient operation of the programs, except
that the Secretary shall exercise no authority with
respect to the selection, tenure of office, or
compensation of any individual employed in accordance
with such methods;
(6) provides that the State agency referred to in
paragraph (2) (hereinafter in this part referred to as
the ``State agency'') will make such reports, in such
form and containing such information as the Secretary
may from time to time require, and comply with such
provisions as the Secretary may from time to time find
necessary to assure the correctness and verification of
such reports;
(7) provides that the State agency will monitor and
conduct periodic evaluations of activities carried out
under this part;
(8) subject to subsection (c), provides safeguards
which restrict the use of or disclosure of information
concerning individuals assisted under the State plan to
purposes directly connected with (A) the administration
of the plan of the State approved under this part, the
plan or program of the State under part A, B, or D of
this title or under title I, V, X, XIV, XVI (as in
effect in Puerto Rico, Guam, and the Virgin Islands),
XIX, or XX, or the supplemental security income program
established by title XVI, (B) any investigation,
prosecution, or criminal or civil proceeding, conducted
in connection with the administration of any such plan
or program, (C) the administration of any other Federal
or federally assisted program which provides
assistance, in cash or in kind, or services, directly
to individuals on the basis of need, (D) any audit or
similar activity conducted in connection with the
administration of any such plan or program by any
governmental agency which is authorized by law to
conduct such audit or activity, and (E) reporting and
providing information pursuant to paragraph (9) to
appropriate authorities with respect to known or
suspected child abuse or neglect; and the safeguards so
provided shall prohibit disclosure, to any committee or
legislative body (other than an agency referred to in
clause (D) with respect to an activity referred to in
such clause), of any information which identifies by
name or address any such applicant or recipient; except
that nothing contained herein shall preclude a State
from providing standards which restrict disclosures to
purposes more limited than those specified herein, or
which, in the case of adoptions, prevent disclosure
entirely;
(9) provides that the State agency will--
(A) report to an appropriate agency or
official, known or suspected instances of
physical or mental injury, sexual abuse or
exploitation, or negligent treatment or
maltreatment of a child receiving aid under
part B or this part under circumstances which
indicate that the child's health or welfare is
threatened thereby;
(B) provide such information with respect to
a situation described in subparagraph (A) as
the State agency may have; and
(C) not later than--
(i) 1 year after the date of
enactment of this subparagraph,
demonstrate to the Secretary that the
State agency has developed, in
consultation with State and local law
enforcement, juvenile justice systems,
health care providers, education
agencies, and organizations with
experience in dealing with at-risk
children and youth, policies and
procedures (including relevant training
for caseworkers) for identifying,
documenting in agency records, and
determining appropriate services with
respect to--
(I) any child or youth over
whom the State agency has
responsibility for placement,
care, or supervision and who
the State has reasonable cause
to believe is, or is at risk of
being, a sex trafficking victim
(including children for whom a
State child welfare agency has
an open case file but who have
not been removed from the home,
children who have run away from
foster care and who have not
attained 18 years of age or
such older age as the State has
elected under section 475(8) of
this Act, and youth who are not
in foster care but are
receiving services under
section 477 of this Act); and
(II) at the option of the
State, any individual who has
not attained 26 years of age,
without regard to whether the
individual is or was in foster
care under the responsibility
of the State; and
(ii) 2 years after such date of
enactment, demonstrate to the Secretary
that the State agency is implementing
the policies and procedures referred to
in clause (i).
(10) provides--
(A) for the establishment or designation of a
State authority or authorities that shall be
responsible for establishing and maintaining
standards for foster family homes and child
care institutions which are reasonably in
accord with recommended standards of national
organizations concerned with standards for the
institutions or homes, including standards
related to admission policies, safety,
sanitation, and protection of civil rights, and
which shall permit use of the reasonable and
prudent parenting standard;
(B) that the standards established pursuant
to subparagraph (A) shall be applied by the
State to any foster family home or child care
institution receiving funds under this part or
part B and shall require, as a condition of
each contract entered into by a child care
institution to provide foster care, the
presence on-site of at least 1 official who,
with respect to any child placed at the child
care institution, is designated to be the
caregiver who is authorized to apply the
reasonable and prudent parent standard to
decisions involving the participation of the
child in age or developmentally-appropriate
activities, and who is provided with training
in how to use and apply the reasonable and
prudent parent standard in the same manner as
prospective foster parents are provided the
training pursuant to paragraph (24);
(C) that the standards established pursuant
to subparagraph (A) shall include policies
related to the liability of foster parents and
private entities under contract by the State
involving the application of the reasonable and
prudent parent standard, to ensure appropriate
liability for caregivers when a child
participates in an approved activity and the
caregiver approving the activity acts in
accordance with the reasonable and prudent
parent standard; and
(D) that a waiver of any standards
established pursuant to subparagraph (A) may be
made only on a case-by-case basis for nonsafety
standards (as determined by the State) in
relative foster family homes for specific
children in care;
(11) provides for periodic review of the standards
referred to in the preceding paragraph and amounts paid
as foster care maintenance payments and adoption
assistance to assure their continuing appropriateness;
(12) provides for granting an opportunity for a fair
hearing before the State agency to any individual whose
claim for benefits available pursuant to this part is
denied or is not acted upon with reasonable promptness;
(13) provides that the State shall arrange for a
periodic and independently conducted audit of the
programs assisted under this part and part B of this
title, which shall be conducted no less frequently than
once every three years;
(14) provides (A) specific goals (which shall be
established by State law on or before October 1, 1982)
for each fiscal year (commencing with the fiscal year
which begins on October 1, 1983) as to the maximum
number of children (in absolute numbers or as a
percentage of all children in foster care with respect
to whom assistance under the plan is provided during
such year) who, at any time during such year, will
remain in foster care after having been in such care
for a period in excess of twenty-four months, and (B) a
description of the steps which will be taken by the
State to achieve such goals;
(15) provides that--
(A) in determining reasonable efforts to be
made with respect to a child, as described in
this paragraph, and in making such reasonable
efforts, the child's health and safety shall be
the paramount concern;
(B) except as provided in subparagraph (D),
reasonable efforts shall be made to preserve
and reunify
families--
(i) prior to the placement of a child
in foster care, to prevent or eliminate
the need for removing the child from
the child's home; and
(ii) to make it possible for a child
to safely return to the child's home;
(C) if continuation of reasonable efforts of
the type described in subparagraph (B) is
determined to be inconsistent with the
permanency plan for the child, reasonable
efforts shall be made to place the child in a
timely manner in accordance with the permanency
plan (including, if appropriate, through an
interstate placement), and to complete whatever
steps are necessary to finalize the permanent
placement of the child;
(D) reasonable efforts of the type described
in subparagraph (B) shall not be required to be
made with respect to a parent of a child if a
court of competent jurisdiction has determined
that--
(i) the parent has subjected the
child to aggravated circumstances (as
defined in State law, which definition
may include but need not be limited to
abandonment, torture, chronic abuse,
and sexual abuse);
(ii) the parent has--
(I) committed murder (which
would have been an offense
under section 1111(a) of title
18, United States Code, if the
offense had occurred in the
special maritime or territorial
jurisdiction of the United
States) of another child of the
parent;
(II) committed voluntary
manslaughter (which would have
been an offense under section
1112(a) of title 18, United
States Code, if the offense had
occurred in the special
maritime or territorial
jurisdiction of the United
States) of another child of the
parent;
(III) aided or abetted,
attempted, conspired, or
solicited to commit such a
murder or such a voluntary
manslaughter; or
(IV) committed a felony
assault that results in serious
bodily injury to the child or
another child of the parent; or
(iii) the parental rights of the
parent to a sibling have been
terminated involuntarily;
(E) if reasonable efforts of the type
described in subparagraph (B) are not made with
respect to a child as a result of a
determination made by a court of competent
jurisdiction in accordance with subparagraph
(D)--
(i) a permanency hearing (as
described in section 475(5)(C)), which
considers in-State and out-of-State
permanent placement options for the
child, shall be held for the child
within 30 days after the determination;
and
(ii) reasonable efforts shall be made
to place the child in a timely manner
in accordance with the permanency plan,
and to complete whatever steps are
necessary to finalize the permanent
placement of the child; and
(F) reasonable efforts to place a child for
adoption or with a legal guardian, including
identifying appropriate in-State and out-of-
State placements may be made concurrently with
reasonable efforts of the type described in
subparagraph (B);
(16) provides for the development of a case plan (as
defined in section 475(1) and in accordance with the
requirements of section 475A) for each child receiving
foster care maintenance payments under the State plan
and provides for a case review system which meets the
requirements described in sections 475(5) and 475A with
respect to each such child;
(17) provides that, where appropriate, all steps will
be taken, including cooperative efforts with the State
agencies administering the program funded under part A
and plan approved under part D, to secure an assignment
to the State of any rights to support on behalf of each
child receiving foster care maintenance payments under
this part;
(18) not later than January 1, 1997, provides that
neither the State nor any other entity in the State
that receives funds from the Federal Government and is
involved in adoption or foster care placements may--
(A) deny to any person the opportunity to
become an adoptive or a foster parent, on the
basis of the race, color, or national origin of
the person, or of the child, involved; or
(B) delay or deny the placement of a child
for adoption or into foster care, on the basis
of the race, color, or national origin of the
adoptive or foster parent, or the child,
involved;
(19) provides that the State shall consider giving
preference to an adult relative over a non-related
caregiver when determining a placement for a child,
provided that the relative caregiver meets all relevant
State child protection standards;
(20)(A) provides procedures for criminal records
checks, including fingerprint-based checks of national
crime information databases (as defined in section
534(e)(3)(A) of title 28, United States Code), for any
prospective foster or adoptive parent before the foster
or adoptive parent may be finally approved for
placement of a child regardless of whether foster care
maintenance payments or adoption assistance payments
are to be made on behalf of the child under the State
plan under this part, including procedures requiring
that--
(i) in any case involving a child on whose
behalf such payments are to be so made in which
a record check reveals a felony conviction for
child abuse or neglect, for spousal abuse, for
a crime against children (including child
pornography), or for a crime involving
violence, including rape, sexual assault, or
homicide, but not including other physical
assault or battery, if a State finds that a
court of competent jurisdiction has determined
that the felony was committed at any time, such
final approval shall not be granted; and
(ii) in any case involving a child on whose
behalf such payments are to be so made in which
a record check reveals a felony conviction for
physical assault, battery, or a drug-related
offense, if a State finds that a court of
competent jurisdiction has determined that the
felony was committed within the past 5 years,
such final approval shall not be granted; and
(B) provides that the State shall--
(i) check any child abuse and neglect
registry maintained by the State for
information on any prospective foster or
adoptive parent and on any other adult living
in the home of such a prospective parent, and
request any other State in which any such
prospective parent or other adult has resided
in the preceding 5 years, to enable the State
to check any child abuse and neglect registry
maintained by such other State for such
information, before the prospective foster or
adoptive parent may be finally approved for
placement of a child, regardless of whether
foster care maintenance payments or adoption
assistance payments are to be made on behalf of
the child under the State plan under this part;
(ii) comply with any request described in
clause (i) that is received from another State;
and
(iii) have in place safeguards to prevent the
unauthorized disclosure of information in any
child abuse and neglect registry maintained by
the State, and to prevent any such information
obtained pursuant to this subparagraph from
being used for a purpose other than the
conducting of background checks in foster or
adoptive placement cases; and
(C) provides procedures for criminal records checks,
including fingerprint-based checks of national crime
information databases (as defined in section
534(e)(3)(A) of title 28, United States Code), on any
relative guardian, and for checks described in
subparagraph (B) of this paragraph on any relative
guardian and any other adult living in the home of any
relative guardian, before the relative guardian may
receive kinship guardianship assistance payments on
behalf of the child under the State plan under this
part;
(21) provides for health insurance coverage
(including, at State option, through the program under
the State plan approved under title XIX) for any child
who has been determined to be a child with special
needs, for whom there is in effect an adoption
assistance agreement (other than an agreement under
this part) between the State and an adoptive parent or
parents, and who the State has determined cannot be
placed with an adoptive parent or parents without
medical assistance because such child has special needs
for medical, mental health, or rehabilitative care, and
that with respect to the provision of such health
insurance coverage--
(A) such coverage may be provided through 1
or more State medical assistance programs;
(B) the State, in providing such coverage,
shall ensure that the medical benefits,
including mental health benefits, provided are
of the same type and kind as those that would
be provided for children by the State under
title XIX;
(C) in the event that the State provides such
coverage through a State medical assistance
program other than the program under title XIX,
and the State exceeds its funding for services
under such other program, any such child shall
be deemed to be receiving aid or assistance
under the State plan under this part for
purposes of section 1902(a)(10)(A)(i)(I); and
(D) in determining cost-sharing requirements,
the State shall take into consideration the
circumstances of the adopting parent or parents
and the needs of the child being adopted
consistent, to the extent coverage is provided
through a State medical assistance program,
with the rules under such program;
(22) provides that, not later than January 1, 1999,
the State shall develop and implement standards to
ensure that children in foster care placements in
public or private agencies are provided quality
services that protect the safety and health of the
children;
(23) provides that the State shall not--
(A) deny or delay the placement of a child
for adoption when an approved family is
available outside of the
jurisdiction with responsibility for handling
the case of the child; or
(B) fail to grant an opportunity for a fair
hearing, as described in paragraph (12), to an
individual whose allegation of a violation of
subparagraph (A) of this paragraph is denied by
the State or not acted upon by the State with
reasonable promptness;
(24) includes a certification that, before a child in
foster care under the responsibility of the State is
placed with prospective foster parents, the prospective
foster parents will be prepared adequately with the
appropriate knowledge and skills to provide for the
needs of the child, that the preparation will be
continued, as necessary, after the placement of the
child, and that the preparation shall include knowledge
and skills relating to the reasonable and prudent
parent standard for the participation of the child in
age or developmentally-appropriate activities,
including knowledge and skills relating to the
developmental stages of the cognitive, emotional,
physical, and behavioral capacities of a child, and
knowledge and skills relating to applying the standard
to decisions such as whether to allow the child to
engage in social, extracurricular, enrichment,
cultural, and social activities, including sports,
field trips, and overnight activities lasting 1 or more
days, and to decisions involving the signing of
permission slips and arranging of transportation for
the child to and from extracurricular, enrichment, and
social activities;
(25) [provide] provides that the State shall have in
effect procedures for the orderly and timely interstate
placement of children, which, not later than October 1,
2026, shall include the use of an electronic interstate
case-processing system; and procedures implemented in
accordance with an interstate compact, if incorporating
with the procedures prescribed by paragraph (26), shall
be considered to satisfy the requirement of this
paragraph;
(26) provides that--
(A)(i) within 60 days after the State
receives from another State a request to
conduct a study of a home environment for
purposes of assessing the safety and
suitability of placing a child in the home, the
State shall, directly or by contract--
(I) conduct and complete the study;
and
(II) return to the other State a
report on the results of the study,
which shall address the extent to which
placement in the home would meet the
needs of the child; and
(ii) in the case of a home study begun on or
before September 30, 2008, if the State fails
to comply with clause (i) within the 60-day
period as a result of circumstances beyond the
control of the State (such as a failure by a
Federal agency to provide the results of a
background check, or the failure by any entity
to provide completed medical forms, requested
by the State at least 45 days before the end of
the 60-day period), the State shall have 75
days to comply with clause (i) if the State
documents the circumstances involved and
certifies that completing the home study is in
the best interests of the child; except that
(iii) this subparagraph shall not be
construed to require the State to have
completed, within the applicable period, the
parts of the home study involving the education
and training of the prospective foster or
adoptive parents;
(B) the State shall treat any report
described in subparagraph (A) that is received
from another State or an Indian tribe (or from
a private agency under contract with another
State) as meeting any requirements imposed by
the State for the completion of a home study
before placing a child in the home, unless,
within 14 days after receipt of the report, the
State determines, based on grounds that are
specific to the content of the report, that
making a decision in reliance on the report
would be contrary to the welfare of the child;
and
(C) the State shall not impose any
restriction on the ability of a State agency
administering, or supervising the
administration of, a State program operated
under a State plan approved under this part to
contract with a private agency for the conduct
of a home study described in subparagraph (A);
(27) provides that, with respect to any child in
foster care under the responsibility of the State under
this part or part B and without regard to whether
foster care maintenance payments are made under section
472 on behalf of the child, the State has in effect
procedures for verifying the citizenship or immigration
status of the child;
(28) at the option of the State, provides for the
State to enter into kinship guardianship assistance
agreements to provide kinship guardianship assistance
payments on behalf of children to grandparents and
other relatives who have assumed legal guardianship of
the children for whom they have cared as foster parents
and for whom they have committed to care on a permanent
basis, as provided in section 473(d);
(29) provides that, within 30 days after the removal
of a child from the custody of the parent or parents of
the child, the State shall exercise due diligence to
identify and provide notice to the following relatives:
all adult grandparents, all parents of a sibling of the
child, where such parent has legal custody of such
sibling, and other adult relatives of the child
(including any other adult relatives suggested by the
parents), subject to exceptions due to family or
domestic violence, that--
(A) specifies that the child has been or is
being removed from the custody of the parent or
parents of the child;
(B) explains the options the relative has
under Federal, State, and local law to
participate in the care and placement of the
child, including any options that may be lost
by failing to respond to the notice;
(C) describes the requirements under
paragraph (10) of this subsection to become a
foster family home and the additional services
and supports that are available for children
placed in such a home; and
(D) if the State has elected the option to
make kinship guardianship assistance payments
under paragraph (28) of this subsection,
describes how the relative guardian of the
child may subsequently enter into an agreement
with the State under section 473(d) to receive
the payments;
(30) provides assurances that each child who has
attained the minimum age for compulsory school
attendance under State law and with respect to whom
there is eligibility for a payment under the State plan
is a full-time elementary or secondary school student
or has completed secondary school, and for purposes of
this paragraph, the term ``elementary or secondary
school student'' means, with respect to a child, that
the child is--
(A) enrolled (or in the process of enrolling)
in an institution which provides elementary or
secondary education, as determined under the
law of the State or other jurisdiction in which
the institution is located;
(B) instructed in elementary or secondary
education at home in accordance with a home
school law of the State or other jurisdiction
in which the home is located;
(C) in an independent study elementary or
secondary education program in accordance with
the law of the State or other jurisdiction in
which the program is located, which is
administered by the local school or school
district; or
(D) incapable of attending school on a full-
time basis due to the medical condition of the
child, which incapability is supported by
regularly updated information in the case plan
of the child;
(31) provides that reasonable efforts shall be made--
(A) to place siblings removed from their home
in the same foster care, kinship guardianship,
or adoptive placement, unless the State
documents that such a joint placement would be
contrary to the safety or well-being of any of
the siblings; and
(B) in the case of siblings removed from
their home who are not so jointly placed, to
provide for frequent visitation or other
ongoing interaction between the siblings,
unless that State documents that frequent
visitation or other ongoing interaction would
be contrary to the safety or well-being of any
of the siblings;
(32) provides that the State will negotiate in good
faith with any Indian tribe, tribal organization or
tribal consortium in the State that requests to develop
an agreement with the State to administer all or part
of the program under this part on behalf of Indian
children who are under the authority of the tribe,
organization, or consortium, including foster care
maintenance payments on behalf of children who are
placed in State or tribally licensed foster family
homes, adoption assistance payments, and, if the State
has elected to provide such payments, kinship
guardianship assistance payments under section 473(d),
and tribal access to resources for administration,
training, and data collection under this part;
(33) provides that the State will inform any
individual who is adopting, or whom the State is made
aware is considering adopting, a child who is in foster
care under the responsibility of the State of the
potential eligibility of the individual for a Federal
tax credit under section 23 of the Internal Revenue
Code of 1986;
(34) provides that, for each child or youth described
in paragraph (9)(C)(i)(I), the State agency shall--
(A) not later than 2 years after the date of
the enactment of this paragraph, report
immediately, and in no case later than 24 hours
after receiving information on children or
youth who have been identified as being a sex
trafficking victim, to the law enforcement
authorities; and
(B) not later than 3 years after such date of
enactment and annually thereafter, report to
the Secretary the total number of children and
youth who are sex trafficking victims; and
(35) provides that--
(A) not later than 1 year after the date of
the enactment of this paragraph, the State
shall develop and implement specific protocols
for--
(i) expeditiously locating any child
missing from foster care;
(ii) determining the primary factors
that contributed to the child's running
away or otherwise being absent from
care, and to the extent possible and
appropriate, responding to those
factors in current and subsequent
placements;
(iii) determining the child's
experiences while absent from care,
including screening the child to
determine if the child is a possible
sex trafficking victim (as defined in
section 475(9)(A)); and
(iv) reporting such related
information as required by the
Secretary; and
(B) not later than 2 years after such date of
enactment, for each child and youth described
in paragraph (9)(C)(i)(I) of this subsection,
the State agency shall report immediately, and
in no case later than 24 hours after receiving,
information on missing or abducted children or
youth to the law enforcement authorities for
entry into the National Crime Information
Center (NCIC) database of the Federal Bureau of
Investigation, established pursuant to section
534 of title 28, United States Code, and to the
National Center for Missing and Exploited
Children.
(b) The Secretary shall approve any plan which complies with
the provisions of subsection (a) of this section.
(c) Use of Child Welfare Records in State Court
Proceedings.--Subsection (a)(8) shall not be construed to limit
the flexibility of a State in determining State policies
relating to public access to court proceedings to determine
child abuse and neglect or other court hearings held pursuant
to part B or this part, except that such policies shall, at a
minimum, ensure the safety and well-being of the child,
parents, and family.
(d) Annual Reports by the Secretary on Number of Children and
Youth Reported by States To Be Sex Trafficking Victims.--Not
later than 4 years after the date of the enactment of this
subsection and annually thereafter, the Secretary shall report
to the Congress and make available to the public on the
Internet website of the Department of Health and Human Services
the number of children and youth reported in accordance with
subsection (a)(34)(B) of this section to be sex trafficking
victims (as defined in section 475(9)(A)).
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