Investing in Permanency for Youth in Foster Care Act

Summary: Investing in Permanency for Youth in Foster Care Act - Amends part E (Foster Care and Adoption Assistance) of title IV of the Social Security Act to extend through FY2017 the Adoption Incentive Payment Program and rename it the Permanency Incentive Program. Requires the Secretary of Health and Human Services (HHS) to determine the number of foster child exits to reunification, adoption, and guardianship (currently, the number of foster child adoptions, special needs adoptions, and older child adoptions) in a state during a fiscal year based on AFCARS data. Replaces adoption incentive payments with specified permanency incentive payments.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Investing in Permanency for Youth in 
Foster Care Act''.

SEC. 2. EXTEND THE ADOPTION INCENTIVE PAYMENT PROGRAM TO INCENTIVE 
              PAYMENTS FOR FOSTER CHILD EXITS TO REUNIFICATION, 
              ADOPTION, AND GUARDIANSHIP.

    (a) In General.--Section 473A of the Social Security Act (42 U.S.C. 
673b) is amended--
            (1) in the section heading, by striking ``adoption'' and 
        inserting ``permanency'';
            (2) in subsection (a), by striking ``adoption'' and 
        inserting ``permanency'';
            (3) in subsection (b)--
                    (A) by striking paragraph (2);
                    (B) in paragraph (5), by striking ``2008 through 
                2012'' and inserting ``2013 through 2017''; and
                    (C) by redesignating paragraphs (3) through (5) as 
                paragraphs (2) through (4), respectively;
            (4) in subsection (c)--
                    (A) by striking paragraphs (1) and (2) and 
                inserting the following:
            ``(1) In general.--A State is in compliance with this 
        subsection for a particular fiscal year if the State has 
        provided to the Secretary the data described in paragraph (2) 
        for fiscal year 2010 and each succeeding fiscal year through 
        the fiscal year second preceding the particular fiscal year.
            ``(2) Determination of numbers of exits based on afcars 
        data.--The Secretary shall determine the numbers of exits to 
        reunification, adoption, and guardianship in a State during a 
        fiscal year, on the basis of data meeting the requirements of 
        the system established pursuant to section 479, as reported by 
        the State and approved by the Secretary by August 1 of the 
        succeeding fiscal year.''; and
                    (B) by adding at the end the following:
            ``(4) Annual reports to the secretary.--Beginning 24 months 
        after the effective date of this paragraph, each State to which 
        a payment is made under this section for a fiscal year shall 
        submit to the Secretary and shall make available to the public 
        annual reports on the amount of the payment that is 
        attributable to exits to reunification, the amount that is 
        attributable to exits to adoption, and the amount that is 
        attributable to exits to guardianship, and a breakdown of how 
        the State used the total payment to improve or expand the 
        provision of post-permanency services in the State.'';
            (5) by striking subsection (d) and inserting the following:
    ``(d) Permanency Incentive Payment.--
            ``(1) In general.--Except as provided in paragraph (2), the 
        permanency incentive payment payable to a State for a fiscal 
        year under this section shall be equal to the sum of--
                    ``(A) $2,000, multiplied by the sum of--
                            ``(i) the amount (if any) by which the 
                        number of exits to adoption in the State during 
                        the fiscal year exceeds the projected number of 
                        exits to adoption in the State for the fiscal 
                        year;
                            ``(ii) the amount (if any) by which the 
                        number of exits to guardianship in the State 
                        during the fiscal year exceeds the projected 
                        number of exits to guardianship in the State 
                        for the fiscal year; and
                            ``(iii) the amount (if any) by which the 
                        number of exits to reunification in the State 
                        during the fiscal year exceeds the projected 
                        number of exits to reunification in the State 
                        for the fiscal year;
                    ``(B) $8,000, multiplied by the sum of--
                            ``(i) the amount (if any) by which the 
                        number of exits to adoption of older children 
                        in the State during the fiscal year exceeds the 
                        number of exits to adoption of older children 
                        in the State for the base fiscal year;
                            ``(ii) the amount (if any) by which the 
                        number of exits to guardianship of older 
                        children in the State during the fiscal year 
                        exceeds the number of exits to guardianship of 
                        older children in the State for the base fiscal 
                        year; and
                            ``(iii) the amount (if any) by which the 
                        number of exits to reunification of older 
                        children in the State during the fiscal year 
                        exceeds the number of exits to reunification of 
                        older children in the State for the base fiscal 
                        year;
                    ``(C) $6,000, multiplied by the sum of--
                            ``(i) the amount (if any) by which the 
                        number of exits to adoption of pre-adolescent 
                        children in the State during the fiscal year 
                        exceeds the number of exits to adoption of pre-
                        adolescent children in the State for the base 
                        fiscal year;
                            ``(ii) the amount (if any) by which the 
                        number of exits to guardianship of pre-
                        adolescent children in the State during the 
                        fiscal year exceeds the number of exits to 
                        guardianship of pre-adolescent children in the 
                        State for the base fiscal year; and
                            ``(iii) the amount (if any) by which the 
                        number of exits to reunification of pre-
                        adolescent children in the State during the 
                        fiscal year exceeds the number of exits to 
                        reunification of pre-adolescent children in the 
                        State for the base fiscal year; and
                    ``(D) $4,000, multiplied by the amount (if any) by 
                which the number of special needs adoptions of young 
                children in the State during the fiscal year exceeds 
                the number of special needs adoptions of young children 
                in the State for the base fiscal year.
            ``(2) Pro rata adjustment if insufficient funds 
        available.--For any fiscal year, if the total amount of 
        permanency incentive payments otherwise payable under this 
        section for a fiscal year exceeds the amount appropriated 
        pursuant to subsection (h) for the fiscal year, the amount of 
        the permanency incentive payment payable to each State under 
        this section for the fiscal year shall be--
                    ``(A) the amount of the permanency incentive 
                payment that would otherwise be payable to the State 
                under this section for the fiscal year; multiplied by
                    ``(B) the percentage represented by the amount so 
                appropriated for the fiscal year, divided by the total 
                amount of permanency incentive payments otherwise 
                payable under this section for the fiscal year.'';
            (6) in subsection (f), by striking ``any service (including 
        post-adoption services) that may be provided under part B or 
        E.'' and inserting ``post-permanency services to help ensure 
        that children remain with the families with whom they have been 
        reunified, adopted, or placed for guardianship, and a State 
        shall not use the amount to supplant other funds being used for 
        the services.'';
            (7) by striking subsection (g) and inserting the following:
    ``(g) Definitions.--In this section:
            ``(1) Adoption.--The term `adoption' means the final 
        adoption of a child who, at the time of adoptive placement, was 
        in foster care under the supervision of the State.
            ``(2) Base fiscal year.--The term `base fiscal year' means 
        fiscal year 2012.
            ``(3) Exit to reunification.--The term `exit to 
        reunification' means, with respect to a State and a fiscal 
        year, the permanent reunification of a child who was in foster 
        care under the responsibility of the State for a period of at 
        least 90 consecutive days in the fiscal year, excluding any 
        such placement of children who returned to foster care in the 
        fiscal year.
            ``(4) Foster children.--The term `foster children' means, 
        with respect to a State and a fiscal year, children in foster 
        care under the responsibility of the State for a period of at 
        least 90 consecutive days in the fiscal year.
            ``(5) Guardianship.--The term `guardianship' means the 
        placement with a relative guardian of a child with respect to 
        whom--
                    ``(A) a payment is made under section 474(a)(5); or
                    ``(B) a payment is made using only State or local 
                guardianship assistance funds, and the case plan for 
                the child documents the steps that the agency has taken 
                to determine that it is not appropriate for the child 
                to be returned home or adopted.
            ``(6) Older children.--The term `older children' means 
        children who have attained 14 years of age.
            ``(7) Adoption placement rate.--The term `adoption 
        placement rate' means, with respect to a State and a fiscal 
        year--
                    ``(A) the total number of exits to adoption in the 
                State during the fiscal year; divided by
                    ``(B) the number of children in foster care under 
                the responsibility of the State on the last day of the 
                preceding fiscal year.
            ``(8) Guardianship placement rate.--The term `guardianship 
        placement rate' means, with respect to a State and a fiscal 
        year--
                    ``(A) the total number of exits to guardianship in 
                the State during the fiscal year; divided by
                    ``(B) the number of children in foster care under 
                the responsibility of the State on the last day of the 
                preceding fiscal year.
            ``(9) Reunification placement rate.--The term 
        `reunification placement rate' means, with respect to a State 
        and a fiscal year--
                    ``(A) the total number of exits to reunification in 
                the State during the fiscal year; divided by
                    ``(B) the number of foster children with respect to 
                the State for the fiscal year.
            ``(10) Post-permanency services.--The term `post-permanency 
        services' means the services needed once children and youth 
        have been reunified, adopted, or placed with guardians to 
        stabilize and support the child and family, including--
                    ``(A) financial support;
                    ``(B) case management;
                    ``(C) connections with community services;
                    ``(D) individual, group and family counseling and 
                other mental health services;
                    ``(E) respite care; and
                    ``(F) training of public and private child welfare 
                staff on delivering post-permanency services.
            ``(11) Pre-adolescent children.--The term `pre-adolescent 
        children' means children who have attained 9 years of age but 
        have not attained 14 years of age.
            ``(12) Projected number of exits to adoption.--The term 
        `projected number of exits to adoption' means, with respect to 
        a State and a fiscal year--
                    ``(A) the number of children in foster care under 
                the responsibility of the State as of the last day of 
                the preceding fiscal year; multiplied by
                    ``(B) the average of the adoption placement rates 
                for the State for the 3 fiscal years most recently 
                preceding the fiscal year referred to in subparagraph 
                (A).
            ``(13) Projected number of exits to guardianship.--The term 
        `projected number of exits to guardianship' means, with respect 
        to a State and a fiscal year--
                    ``(A) the number of children in foster care under 
                the responsibility of the State as of the last day of 
                the preceding fiscal year; multiplied by
                    ``(B) the average of the guardianship placement 
                rates for the State for the 3 fiscal years most 
                recently preceding the fiscal year referred to in 
                subparagraph (A).
            ``(14) Projected number of exits to reunification.--The 
        term `projected number of exits to reunification' means, with 
        respect to a State and a fiscal year--
                    ``(A) the number of foster children with respect to 
                the State for the fiscal year; multiplied by
                    ``(B) the average of the reunification placement 
                rates for the State for the 3 fiscal years most 
                recently preceding the fiscal year referred to in 
                subparagraph (A).
            ``(15) Reunification.--The term `reunification' means an 
        exit from foster care to a relative with whom the child was 
        living before the placement into foster care or to another 
        relative.
            ``(16) Special needs adoption.--The term `special needs 
        adoption' means the final adoption of a child--
                    ``(A) who has special needs (as defined by the 
                State); or
                    ``(B) for whom an adoption assistance agreement is 
                in effect under section 473.
            ``(17) Young children.--The term `young children' means 
        children who have not attained 9 years of age.'';
            (8) in subsection (h)(1)--
                    (A) by striking ``and'' at the end of subparagraph 
                (C);
                    (B) by striking the period at the end of 
                subparagraph (D) and inserting ``; and''; and
                    (C) by adding at the end the following:
                    ``(E) $60,000,000 for each of fiscal years 2014 
                through 2018.''; and
            (9) in subsection (i)--
                    (A) by striking paragraphs (1) through (3) and 
                inserting the following:
            ``(1) In general.--The Secretary may, directly or through 
        grants or contracts, provide technical assistance to assist 
        States and local communities to reach their targets for 
        increased numbers of exits to adoption, guardianship, and 
        reunification.
            ``(2) Description of the character of the technical 
        assistance.--The technical assistance provided under paragraph 
        (1) shall support the goal of encouraging more permanent exits 
        of children from foster care, and may include the following:
                    ``(A) Models that encourage child-specific and 
                child-focused efforts to recruit permanent families for 
                children.
                    ``(B) Models that encourage the use of intensive 
                family-finding efforts.
                    ``(C) Models to encourage the use of concurrent 
                planning.
                    ``(D) The development of permanency units and 
                specialized expertise to help move children promptly to 
                permanency goals.
                    ``(E) The development of assessment tools to 
                facilitate appropriate reunification or other 
                permanency options.
                    ``(F) The development of best practice guidelines 
                for expediting permanency for children and, where, 
                appropriate, termination of parental rights.
                    ``(G) Development of programs that place children 
                into pre-adoptive families while termination of 
                parental rights is being pursued.
                    ``(H) Models to encourage the fast tracking of 
                children who have not attained 1 year of age and cannot 
                be reunified, into permanent adoptive or guardianship 
                families.
                    ``(I) Models that require ongoing consulting with 
                children who have attained 9 years of age about their 
                permanency goal, including asking the children and 
                youth about any adults who may serve as permanent 
                parents through adoptions or guardianship.
                    ``(J) Development of strategies designed to promote 
                the use by a State of the guardianship assistance 
                program under this part.''; and
                    (B) in paragraph (4)--
                            (i) by striking ``(4)'' and inserting 
                        ``(3)''; and
                            (ii) by striking ``2004 through 2006'' and 
                        inserting ``2014 through 2018''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect on October 1, 2013.