Modernizing the Interstate Placement of Children in Foster Care Act

Summary: Modernizing the Interstate Placement of Children in Foster Care Act This bill amends part E (Foster Care and Adoption Assistance) of title IV of the Social Security Act to require the procedures a state must have in effect for the orderly and timely interstate placement of children to include an electronic interstate case-processing system. Indian tribes are exempted from such requirement. Funding is authorized for development of an electronic interstate case-processing system to expedite the interstate placement of children in foster care, guardianship, or adoptive homes. Discretionary funding shall be continued through FY2018 to promote safe and stable families. The Department of Health and Human Services shall reserve $5 million of the amount made available for such grants for FY2018, which reserved amount shall remain available through FY2022.

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        the same State, because of the outdated, administratively 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, has since expanded into Illinois, Virginia, Rhode 
        Island, California, Alaska, Nebraska, and Georgia, 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 in the case of a State other 
        than the Commonwealth of Puerto Rico, the United States Virgin 
        Islands, Guam, and American Samoa, not later than October 1, 
        2027, shall include the use of an electronic interstate case-
        processing system'' before the 1st semicolon.
    (b) Exemption of Indian Tribes.--Section 479B(c) of such Act (42 
U.S.C. 679c(c)) is amended by adding at the end the following:
            ``(4) Inapplicability of state plan requirement to have in 
        effect procedures providing for the use an electronic 
        interstate case-processing system.--The requirement in section 
        471(a)(25) that a State plan provide that the State shall have 
        in effect procedures providing for the use of an electronic 
        interstate case-processing system shall not apply to an Indian 
        tribe, tribal organization, or tribal consortium that elects to 
        operate a program under this part.''.
    (c) 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. FUNDING FOR THE DEVELOPMENT OF AN ELECTRONIC INTERSTATE CASE-
              PROCESSING SYSTEM TO EXPEDITE THE INTERSTATE PLACEMENT OF 
              CHILDREN IN FOSTER CARE OR GUARDIANSHIP, OR FOR ADOPTION.

    Section 437 of the Social Security Act (42 U.S.C. 629g) is amended 
by adding at the end the following:
    ``(g) Funding for the Development of an Electronic Interstate Case-
Processing System to Expedite the Interstate Placement of Children in 
Foster Care or Guardianship, or for Adoption.--
            ``(1) Purpose.--The purpose of this subsection is to 
        facilitate the development of an electronic interstate case-
        processing system for the exchange of data and documents to 
        expedite the placements of children in foster, guardianship, or 
        adoptive homes across State lines.
            ``(2) Requirements.--A State that seeks funding under this 
        subsection shall submit to the Secretary the following 
        information:
                    ``(A) A description of the goals and outcomes to be 
                achieved, which goals and outcomes must result in--
                            ``(i) reducing the time it takes for a 
                        child to be provided with a safe and 
                        appropriate permanent living arrangement across 
                        State lines;
                            ``(ii) improving administrative processes 
                        and reducing costs in the foster care system; 
                        and
                            ``(iii) the secure exchange of relevant 
                        case files and other necessary materials in 
                        real time, and timely communications and 
                        placement decisions regarding interstate 
                        placements of children.
                    ``(B) A description of the activities to be funded 
                in whole or in part with the funds, including the 
                sequencing of the activities.
                    ``(C) A description of the strategies for 
                integrating programs and services for children who are 
                placed across State lines.
                    ``(D) Such other information as the Secretary may 
                require.
            ``(3) Funding authority.--The Secretary may provide funds 
        to a State that complies with paragraph (2). In providing funds 
        under this section, the Secretary shall prioritize States that 
        are not yet connected with the electronic interstate case-
        processing system referred to in paragraph (1).
            ``(4) Use of funds.--A State to which funding is provided 
        under this subsection shall use the funding to support the 
        State in connecting with, or enhancing or expediting services 
        provided under, the electronic interstate case-processing 
        system referred to in paragraph (1).
            ``(5) Evaluations.--Not later than 1 year after the final 
        year in which funds are awarded under this subsection, the 
        Secretary shall submit to the Congress, and make available to 
        the general public by posting on a website, a report that 
        contains the following information:
                    ``(A) How using the electronic interstate case-
                processing system developed pursuant to paragraph (4) 
                has changed the time it takes for children to be placed 
                across State lines.
                    ``(B) The number of cases subject to the Interstate 
                Compact on the Placement of Children that were 
                processed through the electronic interstate case-
                processing system, and the number of interstate child 
                placement cases that were processed outside the 
                electronic interstate case-processing system, by each 
                State in each year.
                    ``(C) The progress made by States in implementing 
                the electronic interstate case-processing system.
                    ``(D) How using the electronic interstate case-
                processing system has affected various metrics related 
                to child safety and well-being, including the time it 
                takes for children to be placed across State lines.
                    ``(E) How using the electronic interstate case-
                processing system has affected administrative costs and 
                caseworker time spent on placing children across State 
                lines.
            ``(6) Data integration.--The Secretary, in consultation 
        with the Secretariat for the Interstate Compact on the 
        Placement of Children and the States, shall assess how the 
        electronic interstate case-processing system developed pursuant 
        to paragraph (4) could be used to better serve and protect 
        children that come to the attention of the child welfare 
        system, by--
                    ``(A) connecting the system with other data systems 
                (such as systems operated by State law enforcement and 
                judicial agencies, systems operated by the Federal 
                Bureau of Investigation for the purposes of the 
                Innocence Lost National Initiative, and other systems);
                    ``(B) simplifying and improving reporting related 
                to paragraphs (34) and (35) of section 471(a) regarding 
                children or youth who have been identified as being a 
                sex trafficking victim or children missing from foster 
                care; and
                    ``(C) improving the ability of States to quickly 
                comply with background check requirements of section 
                471(a)(20), including checks of child abuse and neglect 
                registries as required by section 471(a)(20)(B).''.

SEC. 5. CONTINUATION OF DISCRETIONARY FUNDING TO PROMOTE SAFE AND 
              STABLE FAMILIES.

    Section 437(a) of the Social Security Act (42 U.S.C. 629g(a)) is 
amended by striking ``2016'' and inserting ``2018''.

SEC. 6. RESERVATION OF FUNDS TO IMPROVE THE INTERSTATE PLACEMENT OF 
              CHILDREN.

    Section 437(b) of the Social Security Act (42 U.S.C. 629g(b)) is 
amended by adding at the end the following:
            ``(4) Improving the interstate placement of children.--The 
        Secretary shall reserve $5,000,000 of the amount made available 
        for fiscal year 2018 for providing funding under subsection 
        (g), and the amount so reserved shall remain available through 
        fiscal year 2022.''.