99–006 

112TH CONGRESS REPT. 112–210 " ! HOUSE OF REPRESENTATIVES 1st Session Part 1 

CHILD AND FAMILY SERVICES IMPROVEMENT AND 

INNOVATION ACT 

SEPTEMBER 19, 2011.—Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 

Mr. CAMP, from the Committee on Ways and Means, 

submitted the following 

R E P O R T 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Ways and Means, to whom was referred the 

bill (H.R. 2883) to amend part B of title IV of the Social Security 

Act to extend the child and family services program through fiscal 

year 2016, and for other purposes, having considered the same, report favorably thereon with an amendment and recommend that 

the bill as amended do pass. 

The amendment is as follows: 

Strike all after the enacting clause and insert the following: 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Child and Family Services Improvement and Innovation Act’’. 

TITLE I—EXTENSION OF CHILD AND FAMILY 

SERVICES PROGRAMS 

SEC. 101. STEPHANIE TUBBS JONES CHILD WELFARE SERVICES PROGRAM. 

(a) EXTENSION OF PROGRAM.—Section 425 of the Social Security Act (42 U.S.C. 

625) is amended by striking ‘‘2007 through 2011’’ and inserting ‘‘2012 through 

2016’’. 

(b) MODIFICATION OF CERTAIN STATE PLAN REQUIREMENTS.— (1) RESPONSE TO EMOTIONAL TRAUMA.—Section 422(b)(15)(A)(ii) of such Act 

(42 U.S.C. 622(b)(15)(A)(ii)) is amended by inserting ‘‘, including emotional trauma associated with a child’s maltreatment and removal from home’’ before the 

semicolon. 

(2) PROCEDURES ON THE USE OF PSYCHOTROPIC MEDICATIONS.—Section 

422(b)(15)(A)(v) of such Act (42 U.S.C. 622(b)(15)(A)(v)) is amended by inserting 

‘‘, including protocols for the appropriate use and monitoring of psychotropic 

medications’’ before the semicolon. 

(3) DESCRIPTION OF ACTIVITIES TO ADDRESS DEVELOPMENTAL NEEDS OF VERY

YOUNG CHILDREN.—Section 422(b) of such Act (42 U.S.C. 622(b)) is amended— 


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(A) by striking ‘‘and’’ at the end of paragraph (16); 

(B) by striking the period at the end of paragraph (17) and inserting ‘‘; 

and’’; and 

(C) by adding at the end the following: 

‘‘(18) include a description of the activities that the State has undertaken to 

reduce the length of time children who have not attained 5 years of age are 

without a permanent family, and the activities the State undertakes to address 

the developmental needs of such children who receive benefits or services under 

this part or part E.’’. 

(4) DATA SOURCES FOR CHILD DEATH REPORTING.—Section 422(b) of such Act 

(42 U.S.C. 622(b)), as amended by paragraph (3) of this subsection, is amended— 

(A) by striking ‘‘and’’ at the end of paragraph (17); 

(B) by striking the period at the end of paragraph (18) and inserting ‘‘; 

and’’; and 

(C) by adding at the end the following: 

‘‘(19) contain a description of the sources used to compile information on child 

maltreatment deaths required by Federal law to be reported by the State agency referred to in paragraph (1), and to the extent that the compilation does not 

include information on such deaths from the State vital statistics department, 

child death review teams, law enforcement agencies, or offices of medical examiners or coroners, the State shall describe why the information is not so included and how the State will include the information.’’. 

(c) CHILD VISITATION BY CASEWORKERS.—Section 424 of such Act (42 U.S.C. 624) 

is amended by striking the 2nd subsection (e), as added by section 7(b) of the Child 

and Family Services Improvement Act of 2006, and inserting the following: 

‘‘(f)(1)(A) Each State shall take such steps as are necessary to ensure that the 

total number of visits made by caseworkers on a monthly basis to children in foster 

care under the responsibility of the State during a fiscal year is not less than 90 

percent (or, in the case of fiscal year 2015 or thereafter, 95 percent) of the total 

number of such visits that would occur during the fiscal year if each such child were 

so visited once every month while in such care. 

‘‘(B) If the Secretary determines that a State has failed to comply with subparagraph (A) for a fiscal year, then the percentage that would otherwise apply for purposes of subsection (a) for the fiscal year shall be reduced by— 

‘‘(i) 1, if the number of full percentage points by which the State fell short 

of the percentage specified in subparagraph (A) is less than 10; 

‘‘(ii) 3, if the number of full percentage points by which the State fell short, 

as described in clause (i), is not less than 10 and less than 20; or 

‘‘(iii) 5, if the number of full percentage points by which the State fell short, 

as described in clause (i), is not less than 20. 

‘‘(2)(A) Each State shall take such steps as are necessary to ensure that not less 

than 50 percent of the total number of visits made by caseworkers to children in 

foster care under the responsibility of the State during a fiscal year occur in the 

residence of the child involved. 

‘‘(B) If the Secretary determines that a State has failed to comply with subparagraph (A) for a fiscal year, then the percentage that would otherwise apply for purposes of subsection (a) for the fiscal year shall be reduced by— 

‘‘(i) 1, if the number of full percentage points by which the State fell short 

of the percentage specified in subparagraph (A) is less than 10; 

‘‘(ii) 3, if the number of full percentage points by which the State fell short, 

as described in clause (i), is not less than 10 and less than 20; or 

‘‘(iii) 5, if the number of full percentage points by which the State fell short, 

as described in clause (i), is not less than 20.’’. 

(d) TECHNICAL CORRECTION.—Section 423(b) of such Act (42 U.S.C. 623(b)) is 

amended by striking ‘‘per centum’’ each place it appears and inserting ‘‘percent’’. 

SEC. 102. PROMOTING SAFE AND STABLE FAMILIES PROGRAM. 

(a) EXTENSION OF FUNDING AUTHORIZATIONS.— 

(1) IN GENERAL.—Section 436(a) of the Social Security Act (42 U.S.C. 629f(a)) 

is amended by striking all that follows ‘‘$345,000,000’’ and inserting ‘‘for each 

of fiscal years 2012 through 2016.’’. 

(2) DISCRETIONARY GRANTS.—Section 437(a) of such Act (42 U.S.C. 629g(a)) is 

amended by striking ‘‘2007 through 2011’’ and inserting ‘‘2012 through 2016’’. 

(b) TARGETING OF SERVICES TO POPULATIONS AT GREATEST RISK OF MALTREATMENT.—Section 432(a) of such Act (42 U.S.C. 629b(a)) is amended— 

(1) by striking ‘‘and’’ at the end of paragraph (8); 

(2) by striking the period at the end of paragraph (9) and inserting ‘‘; and’’; 

and 


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(3) by adding at the end the following: 

‘‘(10) describes how the State identifies which populations are at the greatest 

risk of maltreatment and how services are targeted to the populations.’’. 

(c) REVISED PURPOSES OF FAMILY SUPPORT SERVICES AND TIME-LIMITED FAMILY

REUNIFICATION SERVICES.— (1) FAMILY SUPPORT SERVICES.—Section 431(a)(2) of such Act (42 U.S.C. 

629a(a)(2)) is amended to read as follows: 

‘‘(2) FAMILY SUPPORT SERVICES.— ‘‘(A) IN GENERAL.—The term ‘family support services’ means communitybased services designed to carry out the purposes described in subparagraph (B). 

‘‘(B) PURPOSES DESCRIBED.—The purposes described in this subparagraph 

are the following: 

‘‘(i) To promote the safety and well-being of children and families. 

‘‘(ii) To increase the strength and stability of families (including adoptive, foster, and extended families). 

‘‘(iii) To increase parents’ confidence and competence in their parenting abilities. 

‘‘(iv) To afford children a safe, stable, and supportive family environment. 

‘‘(v) To strengthen parental relationships and promote healthy marriages. 

‘‘(vi) To enhance child development, including through mentoring (as 

defined in section 439(b)(2)).’’. 

(2) TIME-LIMITED FAMILY REUNIFICATION SERVICES.—Section 431(a)(7)(B) of 

such Act (42 U.S.C. 629a(a)(7)(B)) is amended by redesignating clause (vi) as 

clause (viii) and inserting after clause (v) the following: 

‘‘(vi) Peer-to-peer mentoring and support groups for parents and primary caregivers. 

‘‘(vii) Services and activities designed to facilitate access to and visitation of children by parents and siblings.’’. 

(d) UNIFORM DEFINITIONS OF INDIAN TRIBE AND TRIBAL ORGANIZATION.—Section 

431(a) of such Act (42 U.S.C. 629a(a)(5) and (6)) is amended by striking paragraphs 

(5) and (6) and inserting the following: 

‘‘(5) INDIAN TRIBE.—The term ‘Indian tribe’ has the meaning given the term 

in section 428(c). 

‘‘(6) TRIBAL ORGANIZATION.—The term ‘tribal organization’ has the meaning 

given the term in section 428(c).’’. 

(e) SUBMISSION TO CONGRESS OF STATE SUMMARIES OF FINANCIAL DATA; PUBLICATION ON HHS WEBSITE.—Section 432(c) of such Act (42 U.S.C. 629b(c)) is amended— 

(1) by striking all that precedes ‘‘shall’’ and inserting the following: 

‘‘(c) ANNUAL SUBMISSION OF STATE REPORTS TO CONGRESS.— 

‘‘(1) IN GENERAL.—The Secretary’’; and 

(2) by adding after and below the end the following: 

‘‘(2) INFORMATION TO BE INCLUDED.—The compilation shall include the individual State reports and tables that synthesize State information into national 

totals for each element required to be included in the reports, including planned 

and actual spending by service category for the program authorized under this 

subpart and planned spending by service category for the program authorized 

under subpart 1. 

‘‘(3) PUBLIC ACCESSIBILITY.—Not later than September 30 of each year, the 

Secretary shall publish the compilation on the website of the Department of 

Health and Human Services in a location easily accessible by the public.’’. 

(f) GAO REPORT ON MULTIPLE SOURCES OF FEDERAL SPENDING AND FAMILY ACCESS TO SERVICES.—Not later than 12 months after the date of enactment of this 

Act, the Comptroller General of the United States shall submit to Congress a report 

that— 

(1) identifies alternative sources of Federal funding that are being employed 

by States or other entities for the same purposes for which funding is provided 

under subpart 1 or 2 of part B of title IV of the Social Security Act; and 

(2) assesses the needs of families eligible for services under such program, including identification of underserved communities and information regarding— 

(A) the supports available for caseworkers to appropriately investigate 

and safely manage their caseloads; 

(B) the length of the wait time for families to receive substance abuse and 

other preventive services; and 

(C) the number of families on waiting lists for such services and the effect 

of the delay on healthy, successful reunification outcomes for such families. 


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(g) TECHNICAL CORRECTIONS.— 

(1) Section 432(a)(8)(B) of the Social Security Act (42 U.S.C. 629b(a)(8)(B)) is 

amended in each of clauses (i) and (ii) by striking ‘‘forms CFS 101–Part I and 

CFS 101–Part II (or any successor forms)’’ and inserting ‘‘form CFS–101 (including all parts and any successor forms)’’. 

(2) Section 433(c)(2) of the Social Security Act (42 U.S.C. 629c(c)(2)) is amended— 

(A) in the paragraph heading, by striking ‘‘FOOD STAMP’’ and inserting 

‘‘SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM BENEFITS’’; and 

(B) by striking ‘‘benefits benefits’’ each place it appears and inserting 

‘‘benefits’’. 

SEC. 103. GRANTS FOR TARGETED PURPOSES. 

(a) EXTENSION OF FUNDING RESERVATIONS FOR MONTHLY CASEWORKER VISITS AND

REGIONAL PARTNERSHIP GRANTS.—Section 436(b) of the Social Security Act (42 

U.S.C. 629f(b)) is amended— 

(1) in paragraph (4)(A), by striking ‘‘433(e)’’ and all that follows and inserting 

‘‘433(e) $20,000,000 for each of fiscal years 2012 through 2016.’’; and 

(2) in paragraph (5), by striking ‘‘437(f)’’ and all that follows and inserting 

‘‘437(f) $20,000,000 for each of fiscal years 2012 through 2016.’’. 

(b) REVISION IN USE OF MONTHLY CASEWORKER VISITS GRANTS.—Section 

436(b)(4)(B)(i) of such Act (42 U.S.C. 629f(b)(4)(B)) is amended— 

(1) by striking ‘‘support’’ and insert ‘‘improve the quality of’’; and 

(2) by striking ‘‘a primary emphasis’’ and all that follows and inserting ‘‘an 

emphasis on improving caseworker decision making on the safety, permanency, 

and well-being of foster children and on activities designed to increase retention, recruitment, and training of caseworkers.’’; and 

(c) REAUTHORIZATION OF REGIONAL PARTNERSHIP GRANTS TO ASSIST CHILDREN AFFECTED BY PARENTAL SUBSTANCE ABUSE.— 

(1) EXTENSION OF PROGRAM.—Section 437(f)(3)(A) of such Act (42 U.S.C. 

629g(f)(3)(A)) is amended by striking ‘‘2007 through 2011’’ and inserting ‘‘2012 

through 2016’’. 

(2) REVISIONS TO PROGRAM.—Section 437(f) of such Act (42 U.S.C. 629g(f)) is 

amended— 

(A) in the subsection heading, by striking ‘‘METHAMPHETAMINE OR

OTHER’’; 

(B) in each of paragraphs (1), (4)(A), (7)(A)(i), and (9)(B)(iii), by striking 

‘‘methamphetamine or other’’; 

(C) in paragraph (3), by striking subparagraph (B) and inserting the following: 

‘‘(B) REQUIRED MINIMUM PERIOD OF APPROVAL.— 

‘‘(i) IN GENERAL.—A grant shall be awarded under this subsection for 

a period of not less than 2, and not more than 5, fiscal years, subject 

to clause (ii). 

‘‘(ii) EXTENSION OF GRANT.—On application of the grantee, the Secretary may extend for not more than 2 fiscal years the period for which 

a grant is awarded under this subsection. 

‘‘(C) MULTIPLE GRANTS ALLOWED.—This subsection shall not be interpreted to prevent a grantee from applying for, or being awarded, separate 

grants under this subsection.’’; 

(D) in paragraph (6)(A)— 

(i) by striking ‘‘and’’ at the end of clause (ii); 

(ii) by striking the period at the end of clause (iii) and inserting a 

semicolon; and 

(iii) by adding at the end the following: 

‘‘(iv) 70 percent for the sixth such fiscal year; and 

‘‘(v) 65 percent for the seventh such fiscal year.’’; 

(E) in paragraph (7)— 

(i) by striking ‘‘shall—’’ and all that follows through ‘‘(A) take’’ and 

inserting ‘‘shall take’’; 

(ii) in subparagraph (A)(iv), by striking ‘‘; and’’ and inserting a period; 

(iii) by striking subparagraph (B); and 

(iv) by redesignating clauses (i) through (iv) of subparagraph (A) as 

subparagraphs (A) through (D), respectively, and moving each of such 

provisions 2 ems to the left; and 

(F) by adding at the end the following: 

‘‘(10) LIMITATION ON USE OF FUNDS FOR ADMINISTRATIVE EXPENSES OF THE

SECRETARY.—Not more than 5 percent of the amounts appropriated or reserved 


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for awarding grants under this subsection for each of fiscal years 2012 through 

2016 may be used by the Secretary for salaries and Department of Health and 

Human Services administrative expenses in administering this subsection.’’. 

(3) EVALUATIONS.—Not later than December 31, 2012, and not later than December 31, 2017, the Secretary of Health and Human Services shall evaluate 

the effectiveness of the grants awarded to regional partnerships under section 

437(f) of the Social Security Act (42 U.S.C. 629g(f)) and shall publish a report 

regarding the results of each evaluation on the website of the Department of 

Health and Human Services. Each report required to be published under this 

subsection shall include— 

(A) an evaluation of the programs and activities conducted, and the services provided, with the grant funds awarded under such section for fiscal 

years 2007 through 2011, in the case of the evaluation required by December 31, 2012, and for fiscal years 2012 through 2016, in the case of the evaluation required by December 31, 2017; 

(B) an analysis of the regional partnerships awarded such grants that 

have, and have not, been successful in achieving the goals and outcomes 

specified in their grant applications and with respect to the performance indicators established by the Secretary under paragraph (8) of such section 

that are applicable to their grant awards; and 

(C) an analysis of the extent to which such grants have been successful 

in addressing the needs of families with methamphetamine or other substance abuse problems who come to the attention of the child welfare system and in achieving the goals of child safety, permanence, and family stability. 

SEC. 104. COURT IMPROVEMENT PROGRAM. 

(a) GRANT PURPOSES.—Section 438(a) of the Social Security Act (42 U.S.C. 

629h(a)) is amended— 

(1) in paragraph (2)— 

(A) in subparagraph (A), by striking ‘‘; and’’ and inserting ‘‘, including the 

requirements in the Act related to concurrent planning;’’; 

(B) in subparagraph (B), by adding ‘‘and’’ at the end; and 

(C) by adding at the end the following: 

‘‘(C) to increase and improve engagement of the entire family in court 

processes relating to child welfare, family preservation, family reunification, 

and adoption;’’; and 

(2) in paragraph (4)— 

(A) by inserting ‘‘(A)’’ after ‘‘(4)’’; 

(B) by striking the period and inserting ‘‘; and’’; and 

(C) by adding after and below the end the following: 

‘‘(B) to increase and improve engagement of the entire family in court processes relating to child welfare, family preservation, family reunification, and 

adoption.’’. 

(b) SINGLE GRANT APPLICATION.—Section 438(b)(2) of such Act (42 U.S.C. 

629h(b)(2)) is amended to read as follows: 

‘‘(2) SINGLE GRANT APPLICATION.—Pursuant to the requirements under paragraph (1) of this subsection, a highest State court desiring a grant under this 

section shall submit a single application to the Secretary that specifies whether 

the application is for a grant for— 

‘‘(A) the purposes described in paragraphs (1) and (2) of subsection (a); 

‘‘(B) the purpose described in subsection (a)(3); 

‘‘(C) the purpose described in subsection (a)(4); or 

‘‘(D) the purposes referred to in 2 or more (specifically identified) of subparagraphs (A), (B), and (C) of this paragraph.’’. 

(c) AMOUNT OF GRANT.—Section 438(c) of such Act (42 U.S.C. 629h(c)) is amended 

to read as follows: 

‘‘(c) AMOUNT OF GRANT.— 

‘‘(1) IN GENERAL.—With respect to each of subparagraphs (A), (B), and (C) of 

subsection (b)(2) that refers to 1 or more grant purposes for which an application of a highest State court is approved under this section, the court shall be 

entitled to payment, for each of fiscal years 2012 through 2016, from the 

amount allocated under paragraph (3) of this subsection for grants for the purpose or purposes, of an amount equal to $85,000 plus the amount described in 

paragraph (2) of this subsection with respect to the purpose or purposes. 

‘‘(2) AMOUNT DESCRIBED.—The amount described in this paragraph for any 

fiscal year with respect to the purpose or purposes referred to in a subparagraph of subsection (b)(2) is the amount that bears the same ratio to the total 

of the amounts allocated under paragraph (3) of this subsection for grants for 


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the purpose or purposes as the number of individuals in the State who have 

not attained 21 years of age bears to the total number of such individuals in 

all States the highest State courts of which have approved applications under 

this section for grants for the purpose or purposes. 

‘‘(3) ALLOCATION OF FUNDS.— 

‘‘(A) MANDATORY FUNDS.—Of the amounts reserved under section 

436(b)(2) for any fiscal year, the Secretary shall allocate— 

‘‘(i) $9,000,000 for grants for the purposes described in paragraphs (1) 

and (2) of subsection (a); 

‘‘(ii) $10,000,000 for grants for the purpose described in subsection 

(a)(3); 

‘‘(iii) $10,000,000 for grants for the purpose described in subsection 

(a)(4); and 

‘‘(iv) $1,000,000 for grants to be awarded on a competitive basis 

among the highest courts of Indian tribes or tribal consortia that— 

‘‘(I) are operating a program under part E, in accordance with 

section 479B; 

‘‘(II) are seeking to operate a program under part E and have received an implementation grant under section 476; or 

‘‘(III) has a court responsible for proceedings related to foster 

care or adoption. 

‘‘(B) DISCRETIONARY FUNDS.—The Secretary shall allocate all of the 

amounts reserved under section 437(b)(2) for grants for the purposes described in paragraphs (1) and (2) of subsection (a).’’. 

(d) EXTENSION OF FEDERAL SHARE.—Section 438(d) of such Act (42 U.S.C. 629h(d)) 

is amended by striking ‘‘2002 through 2011’’ and inserting ‘‘2012 through 2016’’. 

(e) TECHNICAL CORRECTION.—Effective as if included in the enactment of the Safe 

and Timely Interstate Placement of Foster Children Act of 2006, section 8(b) of such 

Act (120 Stat. 513) is amended by striking ‘‘438(b) of such Act (42 U.S.C. 638(b))’’ 

inserting ‘‘438(b)(1) of such Act (42 U.S.C. 629h(b)(1))’’. 

SEC. 105. DATA STANDARDIZATION FOR IMPROVED DATA MATCHING. 

(a) IN GENERAL.—Part B of title IV of the Social Security Act (42 U.S.C. 621–629i) 

is amended by adding at the end the following: 

‘‘Subpart 3—Common Provisions 

‘‘SEC. 440. DATA STANDARDIZATION FOR IMPROVED DATA MATCHING. 

‘‘(a) STANDARD DATA ELEMENTS.— 

‘‘(1) DESIGNATION.—The Secretary, in consultation with an interagency work 

group established by the Office of Management and Budget, and considering 

State perspectives, shall, by rule, designate standard data elements for any category of information required to be reported under this part. 

‘‘(2) DATA ELEMENTS MUST BE NONPROPRIETARY AND INTEROPERABLE.—The 

standard data elements designated under paragraph (1) shall, to the extent 

practicable, be nonproprietary and interoperable. 

‘‘(3) OTHER REQUIREMENTS.—In designating standard data elements under 

this subsection, the Secretary shall, to the extent practicable, incorporate— 

‘‘(A) interoperable standards developed and maintained by an international voluntary consensus standards body, as defined by the Office of 

Management and Budget, such as the International Organization for Standardization; 

‘‘(B) interoperable standards developed and maintained by intergovernmental partnerships, such as the National Information Exchange Model; 

and 

‘‘(C) interoperable standards developed and maintained by Federal entities with authority over contracting and financial assistance, such as the 

Federal Acquisition Regulatory Council. 

‘‘(b) DATA STANDARDS FOR REPORTING.— 

‘‘(1) DESIGNATION.—The Secretary, in consultation with an interagency work 

group established by the Office of Management and Budget, and considering 

State government perspectives, shall, by rule, designate data reporting standards to govern the reporting required under this part. 

‘‘(2) REQUIREMENTS.—The data reporting standards required by paragraph (1) 

shall, to the extent practicable— 

‘‘(A) incorporate a widely-accepted, non-proprietary, searchable, computerreadable format; 


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‘‘(B) be consistent with and implement applicable accounting principles; 

and 

‘‘(C) be capable of being continually upgraded as necessary. 

‘‘(3) INCORPORATION OF NONPROPRIETARY STANDARDS.—In designating reporting standards under this subsection, the Secretary shall, to the extent practicable, incorporate existing nonproprietary standards, such as the eXtensible 

Business Reporting Language.’’. 

(b) EFFECTIVE DATE.—The amendment made by subsection (a) shall take effect on 

October 1, 2012, and shall apply with respect to information required to be reported 

on or after such date. 

SEC. 106. PROVISIONS RELATING TO FOSTER CARE OR ADOPTION. 

(a) EDUCATIONAL STABILITY FOR EACH FOSTER PLACEMENT.—Section 475(1)(G) of 

the Social Security Act (42 U.S.C. 675(1)(G)) is amended— 

(1) in clause (i), by striking ‘‘the placement’’ and inserting ‘‘each placement’’; 

and 

(2) in clause (ii)(I), by inserting ‘‘each’’ before ‘‘placement’’. 

(b) FOSTER YOUTH ID THEFT.—Section 475(5) of such Act (42 U.S.C. 675(5)) is 

amended— 

(1) by striking ‘‘and’’ at the end of subparagraph (G); 

(2) by striking the period at the end of subparagraph (H) and inserting ‘‘; 

and’’; and 

(3) by adding at the end the following: 

‘‘(I) each child in foster care under the responsibility of the State who has 

attained 16 years of age receives without cost a copy of any consumer report (as defined in section 603(d) of the Fair Credit Reporting Act) pertaining to the child each year until the child is discharged from care, and 

receives assistance (including, when feasible, from any court-appointed advocate for the child) in interpreting and resolving any inaccuracies in the 

report.’’. 

(c) DESCRIPTION OF ADOPTION SPENDING.—Section 473(a)(8) of such Act (42 U.S.C. 

673(a)(8)) is amended by inserting ‘‘, and shall document how such amounts are 

spent, including on post-adoption services’’ before the period. 

(d) INCLUSION IN ANNUAL REPORT OF ADDITIONAL INFORMATION ON CHILD VISITATION BY CASEWORKERS.—Section 479A(6) of such Act (42 U.S.C. 679b(6)) is amended— 

(1) by striking ‘‘and’’ at the end of subparagraph (A); and 

(2) by redesignating subparagraph (B) as subparagraph (C) and inserting 

after subparagraph (A) the following: 

‘‘(B) the total number of visits made by caseworkers on a monthly basis 

to children in foster care under the responsibility of the State during a fiscal year as a percentage of the total number of the visits that would occur 

during the fiscal year if each child were so visited once every month while 

in such care; and’’. 

SEC. 107. EFFECTIVE DATE. 

(a) IN GENERAL.—Except as otherwise provided in this title, this title and the 

amendments made by this title shall take effect on October 1, 2011, and shall apply 

to payments under parts B and E of title IV of the Social Security Act for calendar 

quarters beginning on or after such date, without regard to whether regulations to 

implement the amendments are promulgated by such date. 

(b) DELAY PERMITTED IF STATE LEGISLATION REQUIRED.—If the Secretary of 

Health and Human Services determines that State legislation (other than legislation 

appropriating funds) is required in order for a State plan developed pursuant to subpart 1 of part B, or a State plan approved under subpart 2 of part B or part E, 

of title IV of the Social Security Act to meet the additional requirements imposed 

by the amendments made by this title, the plan shall not be regarded as failing to 

meet any of the additional requirements before the 1st day of the 1st calendar quarter beginning after the first regular session of the State legislature that begins after 

the date of the enactment of this Act. If the State has a 2-year legislative session, 

each year of the session is deemed to be a separate regular session of the State legislature. 


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TITLE II—CHILD WELFARE DEMONSTRATION 

PROJECTS 

SEC. 201. RENEWAL OF AUTHORITY TO APPROVE DEMONSTRATION PROJECTS DESIGNED TO 

TEST INNOVATIVE STRATEGIES IN STATE CHILD WELFARE PROGRAMS. 

Section 1130 of the Social Security Act (42 U.S.C. 1320a–9) is amended— 

(1) in subsection (a)— 

(A) by amending paragraph (2) to read as follows: 

‘‘(2) LIMITATION.—During fiscal years 2012 through 2014, the Secretary may 

authorize demonstration projects described in paragraph (1), with not more 

than 10 demonstration projects to be authorized in each fiscal year.’’. 

(B) by striking paragraph (3) and inserting the following: 

‘‘(3) CONDITIONS FOR STATE ELIGIBILITY.—For purposes of a new demonstration project under this section that is initially approved in any of fiscal years 

2012 through 2014, a State shall be authorized to conduct such demonstration 

project only if the State satisfies the following conditions: 

‘‘(A) IDENTIFY 1 OR MORE GOALS.— 

‘‘(i) IN GENERAL.—The State shall demonstrate that the demonstration project is designed to accomplish 1 or more of the following goals: 

‘‘(I) Increase permanency for all infants, children, and youth by 

reducing the time in foster placements when possible and promoting a successful transition to adulthood for older youth. 

‘‘(II) Increase positive outcomes for infants, children, youth, and 

families in their homes and communities, including tribal communities, and improve the safety and well-being of infants, children, 

and youth. 

‘‘(III) Prevent child abuse and neglect and the re-entry of infants, 

children, and youth into foster care. 

‘‘(ii) LONG-TERM THERAPEUTIC FAMILY TREATMENT CENTERS; ADDRESSING DOMESTIC VIOLENCE.—With respect to a demonstration project that 

is designed to accomplish 1 or more of the goals described in clause (i), 

the State may elect to establish a program— 

‘‘(I) to permit foster care maintenance payments to be made 

under part E of title IV to a long-term therapeutic family treatment center (as described in paragraph (8)(B)) on behalf of a child 

residing in the center; or 

‘‘(II) to identify and address domestic violence that endangers 

children and results in the placement of children in foster care. 

‘‘(B) DEMONSTRATE READINESS.—The State shall demonstrate through a 

narrative description the State’s capacity to effectively use the authority to 

conduct a demonstration project under this section by identifying changes 

the State has made or plans to make in policies, procedures, or other elements of the State’s child welfare program that will enable the State to successfully achieve the goal or goals of the project. 

‘‘(C) DEMONSTRATE IMPLEMENTED OR PLANNED CHILD WELFARE PROGRAM

IMPROVEMENT POLICIES.— 

‘‘(i) IN GENERAL.—The State shall demonstrate that the State has implemented, or plans to implement within 3 years of the date on which 

the State submits its application to conduct the demonstration project 

or 2 years after the date on which the Secretary approves such demonstration project (whichever is later), at least 2 of the child welfare 

program improvement policies described in paragraph (7). 

‘‘(ii) PREVIOUS IMPLEMENTATION.—For purposes of the requirement 

described in clause (i), at least 1 of the child welfare program improvement policies to be implemented by the State shall be a policy that the 

State has not previously implemented as of the date on which the State 

submits an application to conduct the demonstration project. 

‘‘(iii) IMPLEMENTATION REVIEW.—The Secretary may terminate the 

authority of a State to conduct a demonstration project under this section if, after the 3-year period following approval of the demonstration 

project, the State has not made significant progress in implementing 

the child welfare program improvement policies proposed by the State 

under clause (i).’’; 

(C) in paragraph (5), by inserting ‘‘and the ability of the State to implement a corrective action plan approved under section 1123A’’ before the period; and 

(D) by adding at the end the following: 


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‘‘(6) INAPPLICABILITY OF RANDOM ASSIGNMENT FOR CONTROL GROUPS AS A FAC- TOR FOR APPROVAL OF DEMONSTRATION PROJECTS.—For purposes of evaluating 

an application to conduct a demonstration project under this section, the Secretary shall not take into consideration whether such project requires random 

assignment of children and families to groups served under the project and to 

control groups. 

‘‘(7) CHILD WELFARE PROGRAM IMPROVEMENT POLICIES.—For purposes of paragraph (3)(C), the child welfare program improvement policies described in this 

paragraph are the following: 

‘‘(A) The establishment of a bill of rights for infants, children, and youth 

in foster care that is widely shared and clearly outlines protections for infants, children, and youth, such as assuring frequent visits with parents, 

siblings, and caseworkers, access to attorneys, and participation in age-appropriate extracurricular activities, and procedures for ensuring the protections are provided. 

‘‘(B) The development and implementation of a plan for meeting the 

health and mental health needs of infants, children, and youth in foster 

care that includes ensuring that the provision of health and mental health 

care is child-specific, comprehensive, appropriate, and consistent (through 

means such as ensuring the infant, child, or youth has a medical home, regular wellness medical visits, and addressing the issue of trauma, when appropriate). 

‘‘(C) The inclusion in the State plan under section 471 of an amendment 

implementing the option under subsection (a)(28) of that section to enter 

into kinship guardianship assistance agreements. 

‘‘(D) The election under the State plan under section 471 to define a 

‘child’ for purposes of the provision of foster care maintenance payments, 

adoption assistance payments, and kinship guardianship assistance payments, so as to include individuals described in each of subclauses (I), (II), 

and (III) of section 475(8)(B)(i) who have not attained age 21. 

‘‘(E) The development and implementation of a plan that ensures congregate care is used appropriately and reduces the placement of children 

and youth in such care. 

‘‘(F) Of those infants, children, and youth in out-of-home placements, substantially increasing the number of cases of siblings who are in the same 

foster care, kinship guardianship, or adoptive placement, above the number 

of such cases in fiscal year 2008. 

‘‘(G) The development and implementation of a plan to improve the recruitment and retention of high quality foster family homes trained to help 

assist infants, children, and youth swiftly secure permanent families. Supports for foster families under such a plan may include increasing maintenance payments to more adequately meet the needs of infants, children, 

and youth in foster care and expanding training, respite care, and other 

support services for foster parents. 

‘‘(H) The establishment of procedures designed to assist youth as they 

prepare for their transition out of foster care, such as arranging for participation in age-appropriate extra-curricular activities, providing appropriate 

access to cell phones, computers, and opportunities to obtain a driver’s license, providing notification of all sibling placements if siblings are in care 

and sibling location if siblings are out of care, and providing counseling and 

financial support for post-secondary education. 

‘‘(I) The inclusion in the State plan under section 471 of a description of 

State procedures for— 

‘‘(i) ensuring that youth in foster care who have attained age 16 are 

engaged in discussions, including during the development of the transition plans required under paragraphs (1)(D) and (5)(H) of section 475, 

that explore whether the youth wishes to reconnect with the youth’s biological family, including parents, grandparents, and siblings, and, if 

so, what skills and strategies the youth will need to successfully and 

safely reconnect with those family members; 

‘‘(ii) providing appropriate guidance and services to youth whom affirm an intent to reconnect with biological family members on how to 

successfully and safely manage such reconnections; and 

‘‘(iii) making, when appropriate, efforts to include biological family 

members in such reconnection efforts. 

‘‘(J) The establishment of one or more of the following programs designed 

to prevent infants, children, and youth from entering foster care or to provide permanency for infants, children, and youth in foster care: 

‘‘(i) An intensive family finding program. 


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‘‘(ii) A kinship navigator program. 

‘‘(iii) A family counseling program, such as a family group decisionmaking program, and which may include in-home peer support for families. 

‘‘(iv) A comprehensive family-based substance abuse treatment program. 

‘‘(v) A program under which special efforts are made to identify and 

address domestic violence that endangers infants, children, and youth 

and puts them at risk of entering foster care. 

‘‘(vi) A mentoring program. 

‘‘(8) DEFINITIONS.—In this subsection— 

‘‘(A) the term ‘youth’ means, with respect to a State, an individual who 

has attained age 12 but has not attained the age at which an individual 

is no longer considered to be a child under the State plans under parts B 

and E of title IV, and 

‘‘(B) the term ‘long-term therapeutic family treatment center’ means a 

State licensed or certified program that enables parents and their children 

to live together in a safe environment for a period of not less than 6 months 

and provides, on-site or by referral, substance abuse treatment services, 

children’s early intervention services, family counseling, legal services, medical care, mental health services, nursery and preschool, parenting skills 

training, pediatric care, prenatal care, sexual abuse therapy, relapse prevention, transportation, and job or vocational training or classes leading to 

a secondary school diploma or a certificate of general equivalence.’’; 

(2) by striking subsection (d) and inserting the following: 

‘‘(d) DURATION OF DEMONSTRATION.— 

‘‘(1) IN GENERAL.—Subject to paragraph (2), a demonstration project under 

this section may be conducted for not more than 5 years, unless in the judgment 

of the Secretary, the demonstration project should be allowed to continue. 

‘‘(2) TERMINATION OF AUTHORITY.—In no event shall a demonstration project 

under this section be conducted after September 30, 2019.’’; 

(3) in subsection (e)— 

(A) in paragraph (1), by striking ‘‘(which shall provide,’’ and all that follows before the semicolon; 

(B) by striking ‘‘and’’ at the end of paragraph (6); 

(C) by redesignating paragraph (7) as paragraph (8); and 

(D) by inserting after paragraph (6) the following: 

‘‘(7) an accounting of any additional Federal, State, and local investments 

made, as well as any private investments made in coordination with the State, 

during the 2 fiscal years preceding the application to provide the services described in paragraph (1), and an assurance that the State will provide an accounting of that same spending for each year of an approved demonstration 

project; and’’; 

(4) by redesignating subsection (g) as subsection (h); 

(5) by striking subsection (f) and inserting the following: 

‘‘(f) EVALUATIONS.—Each State authorized to conduct a demonstration project 

under this section shall obtain an evaluation by an independent contractor of the 

effectiveness of the project, using an evaluation design approved by the Secretary 

which provides for— 

‘‘(1) comparison of methods of service delivery under the project, and such 

methods under a State plan or plans, with respect to efficiency, economy, and 

any other appropriate measures of program management; 

‘‘(2) comparison of outcomes for children and families (and groups of children 

and families) under the project, and such outcomes under a State plan or plans, 

for purposes of assessing the effectiveness of the project in achieving program 

goals; and 

‘‘(3) any other information that the Secretary may require. 

‘‘(g) REPORTS.— 

‘‘(1) STATE REPORTS; PUBLIC AVAILABILITY.—Each State authorized to conduct 

a demonstration project under this section shall— 

‘‘(A) submit periodic reports to the Secretary on the specific programs, activities, and strategies used to improve outcomes for infants, children, 

youth, and families and the results achieved for infants, children, and youth 

during the conduct of the demonstration project, including with respect to 

those infants, children, and youth who are prevented from entering foster 

care, infants, children, and youth in foster care, and infants, children, and 

youth who move from foster care to permanent families; and 


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‘‘(B) post a copy of each such report on the website for the State child 

welfare program concurrent with the submission of the report to the Secretary. 

‘‘(2) REPORTS TO CONGRESS.—The Secretary shall submit to the Committee on 

Ways and Means of the House of Representatives and the Committee on Finance of the Senate— 

‘‘(A) periodic reports based on the State reports submitted under paragraph (1); and 

‘‘(B) a report based on the results of the State evaluations required under 

subsection (f) that includes an analysis of the results of such evaluations 

and such recommendations for administrative or legislative changes as the 

Secretary determines appropriate.’’; and 

(6) by adding at the end the following: 

‘‘(i) INDIAN TRIBES OPERATING IV–E PROGRAMS CONSIDERED STATES.—An Indian 

tribe, tribal organization, or tribal consortium that has elected to operate a program 

under part E of title IV in accordance with section 479B shall be considered a State 

for purposes of this section.’’. 

TITLE III—BUDGET PROVISIONS 

SEC. 301. BUDGETARY EFFECTS. 

The budgetary effects of this Act, for the purpose of complying with the Statutory 

Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement 

titled ‘‘Budgetary Effects of PAYGO Legislation’’ for this Act, submitted for printing 

in the Congressional Record by the Chairman of the Senate Budget Committee, provided that such statement has been submitted prior to the vote on passage. 

I. SUMMARY AND BACKGROUND

A. PURPOSE AND SUMMARY

The legislation, H.R. 2883 as amended, as ordered reported by 

the Committee on Ways and Means on September 14, 2011, extends and makes modest adjustments to the Stephanie Tubbs 

Jones Child Welfare Services and the Promoting Safe and Stable 

Families programs, whose authorizations expire on September 30, 

2011. To achieve these and other purposes, including renewing authority for States to obtain cost-neutral waivers of Federal child 

welfare law, the bill amends relevant provisions of Title IV–B of 

the Social Security Act, as well as child welfare and waiver provisions in Titles IV–E and XI of the Social Security Act, respectively. 

Specifically, Section 101 of the bill makes changes to the Child 

Welfare Services program, adding several requirements to State 

plans for that program: to explain how they plan to respond to 

emotional trauma of children; to describe protocols for the use and 

monitoring of psychotropic medications; to describe activities designed to reduce time that children under age five spend without 

a permanent family; and to describe information sources used to report child maltreatment deaths and how any gaps in that data will 

be filled. Section 101 also adjusts current Federal child visitation 

standards for State caseworkers. Instead of requiring that 90 percent of children be visited each month to maintain the existing 

State/Federal match rate, States must complete 90 percent of all 

expected visits, rising to 95 percent in 2015 and later. 

Section 102 reauthorizes the Promoting Safe and Stable Families 

program for five years, and makes several generally technical adjustments to that program. For example, it conforms the definition 

of tribes and tribal organizations across programs, and requires an 

annual HHS report of program spending by service category. 


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Section 103 extends the authorization of several set-aside programs under the Promoting Safe and Stable Families program, 

which provide funding for monthly caseworker visits and regional 

partnership grants to combat parental substance abuse, among 

other changes. 

Section 104 extends for five years the Court Improvement Program within the Promoting Safe and Stable Families program, 

while maintaining program funding at the current $30 million annual level. It highlights activities related to concurrent planning 

and involving families in child welfare court proceedings, while easing administration by allowing States to submit one instead of as 

many as three applications for program funds. A set-aside for Indian tribes or tribal consortia is authorized. 

Section 105 directs the Secretary of Health and Human Services 

(HHS) to develop standard data elements for child welfare services 

programs, designed to ease program administration, improve program accountability, and ultimately improve the services provided 

to program participants. 

Section 106 makes several modest adjustments to foster care and 

adoption assistance programs. For example, it specifies that promoting educational stability is a goal for each foster care placement, requires States to provide older foster youth a free copy of 

their credit report and help in resolving any inaccuracies, and requires States to document program spending as the expanded eligibility of children for Federal adoption assistance payments phases 

in through FY 2018, including a requirement to report on spending 

on post-adoption services. 

Section 107 makes changes in Title I of the legislation effective 

on October 1, 2011, but permits delays if State legislation is required to meet requirements under the legislation. 

Title II of the legislation renews child welfare waiver authority 

for fiscal years 2012 through 2014. During each of those years, 

HHS could approve up to 10 new waiver applications, for programs 

lasting generally up to 5 years, but all demonstration projects must 

be completed by the end of fiscal year 2019. Among other conditions, States receiving waivers must demonstrate that they have 

implemented or plan to implement at least two child welfare improvement policies specified in the bill. Those policies range from 

establishing a foster care bill of rights to operating a kinship 

guardianship program to increasing the number of sibling placements, among other options specified in the legislation. 

Title III of the legislation provides a statement of budgetary effects. 

B. BACKGROUND AND THE NEED FOR LEGISLATION

On September 12, 2011, Rep. Geoff Davis (R–KY), Chairman of 

the Subcommittee on Human Resources of the House Committee on 

Ways and Means, and Rep. Lloyd Doggett (D–TX), Ranking Member of the Subcommittee on Human Resources of the House Committee on Ways and Means, introduced H.R. 2883, the ‘‘Child and 

Family Services Improvement and Innovation Act,’’ a bill to amend 

Title IV–B of the Social Security Act to extend certain child and 

family services programs through fiscal year 2016, and for other 

purposes. The Committee on Ways and Means received the referral 

for the bill because the bill includes child welfare provisions that 


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fall within the jurisdiction of the Committee, including relevant 

provisions of the Social Security Act. The Committee found the 

changes appropriate to ensure that families have the needed support so children can safely remain with their own parents or be 

supported by other caretaker adults, among other purposes. 

C. LEGISLATIVE HISTORY

Background 

H.R. 2883 was introduced on September 12, 2011, and was referred to the Committee on Ways and Means. 

Related prior legislation includes H.R. 2790, a bill extending 

child welfare services programs, which was introduced by Human 

Resources Subcommittee Chairman Davis (R–GA) and Ranking 

Member Doggett (D–TX) on August 2, 2011, and H.R. 1194, a bill 

to extend child welfare waiver authority, which was introduced by 

Human Resources Subcommittee Member McDermott (D–WA) and 

Subcommittee Chairman Davis (R–KY) on March 17, 2011 and 

which was approved by the House on May 31, 2011 by a voice vote. 

Committee action 

The Committee on Ways and Means marked up H.R. 2883 on 

September 14, 2011, and ordered the bill as amended favorably reported, by a voice vote. 

Committee hearings 

On July 12, 2011, the Subcommittee on Human Resources of the 

Committee on Ways and Means held a hearing on child deaths due 

to maltreatment. On June 16, 2011, the Subcommittee on Human 

Resources of the House Committee on Ways and Means held a 

hearing on improving programs designed to protect at-risk youth. 

On March 11, 2011, the Subcommittee on Human Resources of the 

House Committee on Ways and Means held a hearing on the use 

of data matching to improve customer service, program integrity, 

and taxpayer savings. 

II. EXPLANATION OF THE BILL

A. EXTENSION OF STEPHANIE TUBBS JONES CHILD WELFARE SERVICES

PROGRAM (SEC. 101 OF THE BILL AND PART B OF TITLE IV OF THE

SOCIAL SECURITY ACT)

Present law 

The Stephanie Tubbs Jones Child Welfare Services (hereafter 

Child Welfare Services) program authorizes formula grants to 

States. The primary purpose of these funds is—through the provision of services to children and their families—to protect and promote the welfare of all children; prevent child abuse and neglect; 

permit children to remain in their own homes, or to return to those 

homes whenever it is safe and appropriate; promote safety, permanency, and well-being for children in foster care or those in adoptive families; and provide training, professional development, and 

support to ensure a well-qualified child welfare workforce. 

The program is authorized to receive discretionary appropriations of up to $325 million in each of Fiscal Year 2007 through Fiscal Year 2011. For Fiscal Year 2011, it received $281 million. 


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As part of its Child Welfare Services plan, each State must develop a health oversight plan to identify and respond to the health 

and mental health care needs of children in foster care. The plan 

must outline certain procedures as now listed in law. 

Under Federal law, State child welfare agencies are required— 

to the maximum extent practicable—to report annually to the U.S. 

Department of Health and Human Services (HHS) on the number 

of deaths in the State due to child abuse or neglect. 

Beginning with Fiscal Year 2007, States were required to report 

data to HHS on the percentage of children in foster care who received a visit from their caseworker at least once in each month 

they were in care and to take steps to ensure that, as of October 

1, 2011, no less than 90% of those children receive a caseworker 

visit in each month they are in care. Further, beginning with 

FY2008, States were required to establish annual target percentages (as approved by HHS) to ensure that they reach this standard. 

A State’s percentage of monthly caseworker visits is calculated 

by dividing the number of children in foster care who received a 

visit in each month they were in care during the fiscal year by the 

total number of children in care during that same fiscal year. 

States are required to provide non-Federal funding of no less 

than 25% of total program costs in order to receive their full allotment of Federal funds under the Child Welfare Services program. 

However, States that fail to meet their annual target percentage of 

children in foster care who are visited on a monthly basis are subject to reduced Federal cost-sharing under the program. The 

amount of this reduction ranges from 1 percentage point to 5 percentage points, depending on the degree of failure by the State to 

meet its target percentage for monthly caseworker visits. Specifically, a State that failed to meet that target percentage by less 

than 10 full percentage points is required to provide no less than 

26% of total program costs in non-Federal funds to receive its full 

Federal allotment of Child Welfare Services funds; a State that 

missed that target percentage by at least 10 but less than 20 full 

percentage points is required to provide no less than 28% of the 

total program costs; and a State that missed its target percentage 

by 20 full percentage points or more must provide no less than 30% 

of total program costs. 

States are required to ensure that, as of October 1, 2011, a majority of the monthly caseworker visits with children in foster care 

occur where the child lives. 

Finally, there is currently no provision in current law addressing 

the developmental needs of young children. 

Reasons for change 

H.R. 2883 would extend the current Child Welfare Services program for five years, while strengthening it in several key ways. 

Under this bill, States are expected to provide additional information in their State plans on how they will address emotional trauma of children, and address the developmental needs of the youngest children in care. States also must ensure the proper oversight 

of psychotropic medications provided to children in foster care, 

which has been an ongoing concern in recent years and the subject 

of several Human Resources Subcommittee hearings. The legislation also responds to concerns about incomplete data on the numVerDate Mar 15 2010 05:21 Sep 20, 2011 Jkt 099006 PO 00000 Frm 00014 Fmt 6659 Sfmt 6602 E:\HR\OC\HR210P1.XXX HR210P1

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ber of children who die each year due to maltreatment, by requiring States to describe how they currently report such data and how 

they intend to provide more complete and accurate data in the future. Finally, this provision improves the calculation of caseworker 

visits of children, while raising from 90 to 95 percent the target 

rate for such visits, among other changes. 

Explanation of provision 

H.R. 2883 would extend funding authorization for this program 

for five years (FY2012–FY2016) at the current law level. 

As part of their health oversight plan for children in foster care, 

States would additionally be required to (1) outline how identified 

emotional trauma, associated with a child’s maltreatment and removal from home, will be monitored and treated; and (2) include 

protocols for the appropriate use and monitoring of psychotropic 

medications. 

H.R. 2883 would require each State, as part of its Child Welfare 

Services plan, to describe the activities it undertakes to address the 

developmental needs of children that it serves who are four years 

of age or younger; and to reduce the length of time these young 

children spend without a permanent family. 

H.R. 2883 would require each State, as part of its Child Welfare 

Services plan, to describe the sources it uses to compile this information on deaths due to child abuse or neglect and, if certain specified sources are not included, would further require States to describe why this is the case and how those sources of information 

will be included. Specified information sources are State vital statistics departments, child death review teams, law enforcement 

agencies, and offices of medical examiners or coroners. 

For Fiscal Year 2012 through Fiscal Year 2014, each State would 

be required to ensure that it completed no fewer than 90% of required monthly caseworker visits; for Fiscal Year 2015, and for 

every subsequent year, each State would be required to ensure that 

it made no fewer than 95% of those visits. 

A State’s percentage of children visited on a monthly basis would 

be calculated by dividing the number of caseworker visits made on 

a monthly basis during the fiscal year by the total number of 

monthly caseworker visits required during that same fiscal year. 

States that failed to complete at least 90% of the required 

monthly caseworker visits in each of Fiscal Year 2012 through Fiscal Year 2014, and at least 95% of those visits for Fiscal Year 2015 

and every subsequent year, would be subject to reduced Federal 

cost-sharing under the Child Welfare Services program. As under 

current law, the amount of this reduction would range from 1 percentage point to 5 percentage points, depending on the degree of 

failure by the State to meet its target monthly caseworker visit 

percentage. 

States would be required to ensure that no less than 50% of caseworker visits with children in foster care occur where the child 

lives. States that failed to meet the 50% target for Fiscal Year 2012 

and every subsequent year would be subject to reduced Federal 

cost-sharing under the Child Welfare Services program. The 

amount of this reduction would range from 1 percentage point to 

5 percentage points, depending on the degree of failure by the State 

to meet this requirement. 


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Effective date 

October 1, 2011, or later if State implementing legislation is required (see Section 107). 

B. EXTENSION OF PROGRAM TO PROMOTE SAFE AND STABLE FAMILIES

(SECTION 102 OF THE BILL AND PART B OF TITLE IV OF THE SOCIAL

SECURITY ACT)

Present law 

The Promoting Safe and Stable Families Program (hereafter the 

Safe and Stable program) authorizes formula grants to States for 

provision of family support, family preservation, time-limited reunification, and adoption promotion and support services. In addition, 

certain funds appropriated for the Safe and Stable program must 

be reserved for grants under the Court Improvement Program and 

for other purposes, including grants to support monthly caseworker 

visits, and grants to regional partnerships. 

For each of Fiscal Year 2007 through Fiscal Year 2010, the Safe 

and Stable program was authorized to receive $345 million in mandatory funds. For Fiscal Year 2011, it is authorized to receive $365 

million in mandatory funds. 

For Fiscal Year 2007 through Fiscal Year 2011, the Safe and Stable program is additionally authorized to receive up to $200 million 

annually in discretionary appropriations. For Fiscal Year 2011, 

Congress provided $63 million in discretionary appropriations for 

the program. 

One purpose of the Safe and Stable program is to ‘‘prevent child 

maltreatment among families at risk through the provision of supportive family services.’’ 

States are required to spend significant portions of their Safe 

and Stable program funds on each of four defined categories of 

services, one of which is family support services. Those services are 

defined as community-based services intended to: promote the safety and well-being of children and families; increase the strength 

and stability of families (including adoptive, foster, and extended 

families); increase parents’ confidence and competence in their parenting abilities; afford children a safe, stable, and supportive family environment; strengthen parental relationships and promote 

healthy marriages; and enhance child development. 

As part of the Mentoring Children of Prisoners program, the 

term ‘‘mentoring’’ is defined as a ‘‘structured, managed program in 

which children are appropriately matched with screened and 

trained adult volunteers for one-on-one relationships, involving 

meetings and activities on a regular basis, intended to meet, in 

part, the child’s needs for involvement with a caring and supportive 

adult who provides a positive role model.’’ 

States are required to spend significant portions of their Safe 

and Stable program funds on each of four defined categories of 

services, one of which is time-limited family reunification services. 

These are services and activities intended to safely permit a child 

and his/her parent(s) to be reunited within the first 15 months 

after the child was removed from the parent’s home (and placed in 

foster care). Those services and activities are stipulated as counseling, substance abuse treatment, assistance to address domestic 


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violence, services to provide temporary child care (including crisis 

nurseries), and transportation to and from any of these services. 

For purposes of the Title IV–B, Subpart 1 Child Welfare Services 

program the terms ‘‘Indian tribe’’ and ‘‘tribal organization’’ have 

the meanings given them in Section 4 of the Indian Self-Determination and Education Assistance Act. In general, that Act defines ‘‘Indian tribe’’ as any Federally recognized Indian tribe including Alaska Native Villages. Further it generally defines a ‘‘tribal organization’’ as the ‘‘recognized governing body’’ of an Indian 

tribe and certain other legally established organizations. 

For purposes of the Title IV–B, Subpart 2 Safe and Stable program an ‘‘Indian tribe’’ has the meaning given it under the prior 

law Title IV–F JOBS program; (that program was repealed in 

1996). In general, that definition includes any Federally recognized 

tribe that has a reservation, public domain allotments, or is in 

Oklahoma and formerly had a reservation. Further ‘‘ tribal organization’’ is defined as the ‘‘recognized governing body’’ of any Indian 

tribe. 

As of June 30 of each year, and as part of their Safe and Stable 

program plan, States must provide to HHS information on planned 

and actual spending for child welfare-related child and family services and on the numbers of children and families served among 

other things. The information is to be submitted on standard forms. 

HHS, in turn, is required to compile these financial reports made 

by States and, not later than September 30 of each year, submit 

the compilation to the House Ways and Means Committee and the 

Senate Finance Committee. 

Reasons for change 

H.R. 2883 would extend the current Promoting Safe and Stable 

Families program for five years, while strengthening it in several 

key ways. For example, States are expected to describe how they 

will target program services to populations at the greatest risk of 

maltreatment, and mentoring, among other services, are explicitly 

added to the types of services program funds may support. To simplify program administration, the same definition of Indian tribe 

and tribal organization as is already used in the Child Welfare 

Services program will apply. Additional information about program 

spending by service category will be made available to Congress 

and the public each year, among other reports. 

Explanation of provision 

H.R. 2883 would authorize annual mandatory funding for the 

Safe and Stable program of $345 million for each of five years (Fiscal Year 2012 through Fiscal Year 2016). 

H.R. 2883 would extend this current annual discretionary funding authorization of $200 million for five years (Fiscal Year 2012 

through Fiscal Year 2016). 

H.R. 2883 would require each State, as part of its Safe and Stable program plan, to describe how it identifies which populations 

are at greatest risk of maltreatment and how services are targeted 

to the populations. 

H.R. 2883 would reorganize and restate the current law definition of family support services, maintaining all current provisions 

but adding that as part of enhancing a child’s development, a State 


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may provide mentoring services. The bill further stipulates that the 

definition of ‘‘mentoring’’ would be as it is currently defined in the 

Mentoring Children of Prisoners program. 

H.R. 2883 would add the following services and activities to the 

definition of time-limited family reunification services: peer-to-peer 

mentoring and support groups for parents and primary caregivers; 

and services and activities designed to facilitate access to and visitation of children in foster care by parents and siblings. 

H.R. 2883 would provide that, for purposes of the Safe and Stable program, ‘‘Indian tribe’’ and ‘‘tribal organization’’ would be defined in the same way that they are now defined in the Child Welfare Services program (i.e., the definitions given in Section 4 of the 

Indian Self-Determination and Education Assistance Act). 

H.R. 2883 would further stipulate that HHS must include in this 

compilation both individual State reports as well as tables that— 

for each element the State is required to include in these reports— 

show national totals derived from the reports, including national 

totals related to planned and actual spending by service category 

for the Safe and Stable program and planned spending by service 

category for the Child Welfare Services program. In addition to providing these reports to the House Ways and Means Committee and 

the Senate Finance Committee by September 30 of each year, HHS 

also would be required (by that same date) to publish the compiled 

information on the agency’s website in a location easily accessible 

to the public. 

H.R. 2883 would require the Government Accountability Office 

(GAO) to submit a report to Congress not later than 12 months 

after enactment of this bill that: (1) Identifies alternative sources 

of Federal funding that States or other entities use to support the 

same purposes that are supported by any Federal funds provided 

under Title IV-B, including those under the Child Welfare Services 

and Safe and Stable programs; and (2) Assesses the needs of families eligible for such services and programs, including identifying 

underserved communities, and providing information on supports 

for caseworkers to manage their caseloads in a safe and appropriate manner, the length of time families wait to receive substance 

abuse and other preventive services, the number of families waiting for such services, and the effect of the delay on healthy, successful reunification outcomes for families. 

Effective date 

October 1, 2011, or later if State implementing legislation is required (see Section 107). 

C. GRANTS FOR TARGETED PURPOSES (SEC. 103 OF THE BILL AND PART

B OF TITLE IV OF THE SOCIAL SECURITY ACT)

Present law 

Out of the mandatory funds provided for the Safe and Stable program from Fiscal Year 2006 through Fiscal Year 2011, a total of 

$95 million was reserved for formula grants to States to support 

monthly caseworker visits, including $20 million in each of Fiscal 

Year 2010 and Fiscal Year 2011. 

States are required to use these grant funds to support monthly 

caseworker visits with children who are in foster care, with a priVerDate Mar 15 2010 05:21 Sep 20, 2011 Jkt 099006 PO 00000 Frm 00018 Fmt 6659 Sfmt 6602 E:\HR\OC\HR210P1.XXX HR210P1

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mary emphasis on activities designed to improve caseworker retention, recruitment, training and ability to access the benefits of technology. 

Out of the mandatory funds provided for the Safe and Stable program from Fiscal Year 2007 through Fiscal Year 2011, a total of 

$145 million was reserved for competitive grants to regional partnerships (to improve outcomes of children affected by parental substance abuse), including $20 million in each of Fiscal Year 2010 

and Fiscal Year 2011. 

Present law requires HHS to make competitive grants to regional 

partnerships for each of Fiscal Year 2007 through Fiscal Year 

2011. 

Regional partnership grants are made for the purpose of improving the safety, permanence, and wellbeing of children who are in 

foster care, or who are at risk of placement in foster care, as a result of their parent or caretaker’s abuse of methamphetamine or 

other substances. The grant authority contains numerous specific 

references to parents’ abuse of methamphetamine, including in the 

section heading, application requirements for regional partnerships, factors HHS must consider when awarding grants, and in 

the annual report HHS is required to make to Congress on these 

grants. 

HHS may award grants to regional partnerships for not less than 

two years and not more than five years. 

A regional partnership must provide non-Federal matching funds 

of no less than 15% of the project costs in the first and second year; 

no less than 20% in any third or fourth years of the project; and 

no less than 25% in any fifth year of the project. 

HHS is required to prepare annual reports for Congress on—(1) 

the services provided and activities conducted with the funds provided to regional partnerships; (2) performance indicators established to assess the performance of those partnerships; and (3) the 

progress made in achieving the grant’s purposes. 

Finally, there is no provision in current law limiting Federal administrative spending. 

Reasons for change 

The authorization of grants specifically for monthly caseworker 

visits and addressing parental substance abuse is extended and 

amended. In the case of monthly caseworker visits, the legislation 

increases the focus on improving caseworker decision-making to 

better protect children. In the case of grants to address parental 

substance abuse, the legislation broadens the focus of these grants 

by removing the current priority on methamphetamine, promoting 

additional flexibility to focus on the greatest need, and administrative funds are capped at 5 percent, among other changes. To improve accountability, evaluation reports about the effectiveness of 

substance abuse grants are expected in CYs 2012 and 2017. 

Explanation of provision 

Out of the mandatory funds provided for the Safe and Stable program, H.R. 2883 would reserve $20 million for the monthly caseworker grants in each of five years (Fiscal Year 2012 through Fiscal Year 2016). 


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H.R. 2883 would require States to use these grant funds to improve the quality of monthly caseworker visits with children in foster care with an emphasis on improving caseworker decision-making on the safety, permanency, and well-being of children in foster 

care and on activities designed to increase retention, recruitment, 

and training of caseworkers. 

Out of the mandatory funds provided for the Safe and Stable pro- gram, H.R. 2883 would reserve $20 million for regional partnership 

grants in each of five years (Fiscal Year 2012 through Fiscal Year 

2016). 

H.R. 2883 would require HHS to make these grants to regional 

partnerships for each of Fiscal Year 2012 through Fiscal Year 

2016. 

In general, H.R. 2883 would retain current law focus on improving safety, permanence, and well-being outcomes of children affected by their parent’s substance abuse but would strike all the 

specific references to ‘‘methamphetamine’’ and would eliminate the 

requirement that HHS give additional weight to applications that 

give specific attention to methamphetamine abuse. 

H.R. 2883 would retain this general grant duration but would 

also stipulate that HHS may extend the length of a grant made to 

a regional partnership for a maximum of two additional years (e.g., 

a regional partnership that received an initial five-year grant could 

apply for a two year extension and, if approved, its total grant period would be seven years.) The legislation would additionally clarify that any regional partnership may apply for, and be awarded, 

more than one grant. 

H.R. 2883 would further stipulate that for any grant extended to 

a sixth year, a regional partnership must provide non-Federal 

matching funds of no less than 30% of the project costs and for any 

grant extended to a seventh year, no less than 35% of the project 

costs. 

H.R. 2883 would stipulate that HHS may use not more than five 

percent of the amounts reserved (or otherwise appropriated) for regional partnership grants (for each of Fiscal Year 2012 through 

Fiscal Year 2016) for salaries and agency administrative expenses 

related to administering the grants. 

H.R. 2883 would retain the current annual report requirement 

but would additionally stipulate that HHS must evaluate the effectiveness of the regional partnership grants and publish the results 

of the evaluation on its website in two reports, the first not later 

than December 31, 2012 and the second not later than December 

31, 2017. 

Both reports must evaluate the programs and activities conducted and services provided under the regional partnership grant 

program with the first report focusing on funds awarded to regional 

partnerships in Fiscal Year 2007 through Fiscal Year 2011 and the 

second report focusing on awards made for Fiscal Year 2012 

through Fiscal Year 2016. Both evaluation reports must also include an analysis of: the grantees that were successful in achieving 

the goals in the application, and those that were not; grantees’ 

achievements related to applicable performance indicators established by HHS to assess their work; the success of the regional 

partnership grants in addressing the needs of child-welfare-involved families who have methamphetamine or other substance 


smartinez on DSK6TPTVN1PROD with REPORTS
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abuse problems; and the success of the grants in achieving the 

goals of child safety, permanency and family stability. 

Effective date 

October 1, 2011, or later if State implementing legislation is required (see Section 107). 

D. COURT IMPROVEMENT PROGRAM (SEC. 104 OF THE BILL AND PART

B OF TITLE IV OF THE SOCIAL SECURITY ACT)

Present law 

HHS is required to make grants to the highest court in each 

State to enable those courts to (1) Conduct assessments of how 

they handle child welfare proceedings and to make improvements 

based on those assessments, including, providing for children’s 

safety, permanence, and well-being as set forth in the Adoption and 

Safe Families Act (ASFA); (2) Ensure children’s safety, permanence, and well-being needs are met in a timely and complete manner (through better collection and analysis of data); and (3) Provide 

for training of judges, attorneys, and legal personnel in child welfare cases. 

Each State’s highest court may receive grants for each of the 

three purposes (described above) but must submit a separate application for each purpose for which they wish to receive funds. Certain application requirements apply to all grants and certain application requirements apply only to the grants to support better data 

collection and analysis, or to the training grants. 

For each of Fiscal Year 2006 through Fiscal Year 2011, a highest 

State court was entitled to a base allotment of $85,000 for each 

Court Improvement Program grant application it successfully submitted in a given year, plus a portion of any remaining funds provided for the specific grant (based on the share of individuals under 

the age of 21 in its State compared to all individuals under that 

age in every State where the highest court has an approved Court 

Improvement Program application for that kind of Court Improvement Program grant.) This means, for example, that a highest 

State court that successfully submitted three grant applications received a base allotment of $255,000 plus a portion of the remaining 

grant funds that was specified for each of the three grants. 

Thirty million dollars in mandatory Promoting Safe and Stable 

funds are reserved for the Court Improvement Program plus 3.3% 

of any discretionary funding provided to the program. The Fiscal 

Year 2011 funding reserved totaled $32 million. The statute divided those funds as follows: Out of the mandatory funds reserved 

for court improvement—$10 million was provided for basic grants 

(related to the purposes of conducting assessments and making improvements to court handling of child welfare cases); $10 million 

was for data grants (related to improving outcomes for children 

through better collection and analysis of data); and $10 million was 

for training grants (related to training court personnel in child welfare cases). 

All funds reserved out of any discretionary appropriations for the 

Promoting Safe and Stable Families program were provided for 

purposes associated with the basic grants. 


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For each of Fiscal Year 2002 through Fiscal Year 2011, a highest 

State court must provide non-Federal funds to support no less than 

25% of the total Court Improvement Program activities. 

Under current law, tribes do not receive Court Improvement Program funds. 

Reasons for change 

The legislation extends current funding for the Court Improvement Program, while easing program administration by allowing 

States to submit a single grant application and adding a program 

focus on improving engagement of the entire family, among other 

changes. The legislation also allows tribes to apply for and receive 

funding through the Court Improvement Program. 

Explanation of provision 

H.R. 2883 would amend the purpose related to conducting assessments and making improvements to specifically highlight the 

ASFA requirements for concurrent planning (i.e., moving a child toward permanence via the child). 

In addition it would add a new purpose—to increase and improve 

engagement of the entire family in court processes relating to child 

welfare, family preservation, family reunification and adoption. 

This new purpose would be associated with both the basic Court 

Improvement Program grants (related to conducting assessments 

and making improvements) and with those related to training of 

court personnel in child welfare cases. 

H.R. 2883 would provide that a court need only submit a single 

application to receive funds associated with one or more Court Improvement Program purposes. The court would need to indicate in 

their application for which one or more of the specific purposes the 

application was being made and would be required to meet any 

current law application requirements related to receiving funds for 

a given purpose. 

For each of Fiscal Year 2012 through Fiscal Year 2016, H.R. 

2883 would entitle a highest State court to the same allotment of 

funds based on the number of purposes (maximum of three) it included in its single application. This means, for example, that a 

highest State court with a successful single application requesting 

funds for all three purposes would continue to be entitled to a base 

allotment of $255,000 plus a portion of remaining grant funds that 

was specified for each of the three purposes. 

H.R. 2883 would maintain the current level of funding reserved 

($30 million in mandatory funds plus 3.3% of any discretionary 

Safe and Stable funding). The legislation would divide those funds 

(for each of Fiscal Year 2012 through Fiscal Year 2016) as follows: 

Out of the mandatory funds reserved for court improvement: $9 

million would be provided for basic program purposes (including for 

conducting assessments and making improvements to child welfare 

proceedings and for increasing engagement of families in those 

processes); $10 million would be provided for purposes related to 

improved collection and use of data; $10 million would be provided 

for training purposes (related to training court personnel in child 

welfare cases and increasing engagement of families); and $1 million would be provided for competitive grants to highest tribal 

courts. 


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As under current law, all funds reserved out of any discretionary 

appropriations made for the Promoting Safe and Stable Families 

program are reserved for the basic purposes of the Court Improvement Program (including for conducting assessments and making 

improvements to child welfare proceedings and for increasing engagement of families in those processes). 

H.R. 2883 would make certain tribal courts eligible for Court Improvement Program grants. Courts eligible to compete for these 

program funds would be the highest courts of an Indian tribe or 

tribal consortia that (1) is operating an approved Title IV–E Foster 

Care and Adoption Assistance Program; (2) has been awarded a 

tribal implementation grant (indicating that it is seeking to implement a Title IV–E plan); or (3) has a court responsible for proceedings related to foster care or adoption. 

H.R. 2883 would extend this same cost sharing provision for 

State highest courts for each of Fiscal Year 2012 through Fiscal 

Year 2016. 

Effective date 

October 1, 2011, or later if State implementing legislation is required (see Section 107). 

E. DATA STANDARDIZATION FOR IMPROVED DATA MATCHING (SEC. 105

OF THE BILL AND PART B OF TITLE IV OF THE SOCIAL SECURITY ACT)

Present law 

Title IV–B of the Social Security Act authorizes two State formula grant programs, the Child Welfare Services program (Subpart 

1), and the Promoting Safe and Stable Families program (Subpart 

2). In addition (or as part of those programs) it authorizes, in those 

same subparts, several competitive grant programs or funding 

streams under which grantees (which may be public or private) are 

required to report data. These include Family Connection Grants, 

Regional Partnership Grants (under the Safe and Stable program) 

and Mentoring Children of Prisoners grants. 

Reasons for change 

The Committee believes the programs within its jurisdiction 

should, from an information technology standpoint, operate consistently within and across programs. By beginning the process of data 

standardization and the use of common reporting mechanisms in 

this section, the Committee is achieving three goals: better preventing and identifying fraud and abuse; ensuring appropriate access; and producing program savings for U.S. taxpayers. 

The Subcommittee on Human Resources, in its March 11, 2011 

hearing on the use of data matching to improve customer service, 

program integrity, and taxpayer savings, received testimony in 

support of consistent data standards that are non-proprietary and 

promote the interoperability of data across various information 

technology platforms, including State legacy systems. The hearing 

confirmed that not only are programs within the Subcommittee’s 

jurisdiction in silos, but so is the accompanying data. Improved 

data standards will help increase the efficiency of data exchanges 

to use and reuse data within and across programs. 


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Therefore, the Committee believes that non-proprietary, interoperable data standards in child and family services programs are 

the first step to better organizing and using data to address fraud 

and abuse and increase administrative efficiency. This process will 

have the additional important benefit of improving the services 

these programs provide to children and families. 

Explanation of provision 

Under a new Subpart 3, the legislation would require HHS to 

issue a rule designating standard data elements for any category 

of information required to be reported under Title IV–B and would 

also require the agency to develop a rule providing for standard 

data reporting under Title IV–B. The rules would need to be developed by HHS in consultation with an interagency workgroup established by the Office of Management and Budget (OMB) and with 

consideration of State perspectives. 

To the extent practicable, the standard data elements required 

by the rule would need to be non-proprietary; permit data to be exchanged and used (i.e., interoperable); and incorporate the interoperable standards developed and maintained by other recognized 

bodies (as named in the bill). 

To the extent practicable, the data reporting standards required 

by the rule would need to incorporate a widely-accepted, non-proprietary, searchable, computer-readable format; be consistent with 

and implement applicable accounting principles; be capable of 

being continually upgraded as necessary; and incorporate existing 

nonproprietary standards, such as the eXtensible Business Reporting Language. 

Effective date 

The provision becomes effective on October 1, 2012. 

F. PROVISIONS RELATING TO FOSTER CARE OR ADOPTION (SECTION 106

OF THE BILL AND PART E OF TITLE IV OF THE SOCIAL SECURITY ACT)

Present law 

Present law requires that a State have a written education stability plan for each child in foster care that includes assurances 

that the child’s placement in foster care takes into account the appropriateness of the current educational setting and the proximity 

to the school where the child is enrolled at the time of the placement. Present law also requires that the State child welfare agency 

coordinate with appropriate local educational agencies to ensure 

that the child remains in the school in which he/she is enrolled at 

the time of placement or, if this is not in the child’s best interest, 

that the child is provided immediate and appropriate enrollment in 

a new school with all of his/her educational records supplied to that 

school. 

States are required to have procedures in place to periodically review the status of each child in foster care, including procedures 

to address a range of requirements stipulated in statute. The Fair 

Credit Reporting Act defines what kind of information may (and 

may not) be included in a credit report (‘‘consumer report’’) and 

also grants each consumer the right to at least one free consumer 

report annually. 


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States are required to enter into an adoption assistance agreement with the adoptive parents of any child that the State determines has ‘‘special needs.’’ Not all children determined to have special needs are currently Title IV–E eligible. However, beginning 

with Fiscal Year 2010, expanded eligibility for Title IV–E adoption 

assistance is being phased in so that as of Fiscal Year 2018, any 

adopted child who is determined by a State to have ‘‘special needs’’ 

will be eligible for this assistance. States are required to spend any 

savings they realize, due to this expanded Federal eligibility criteria, on child welfare-related child and family services (authorized 

under Title IV–B or Title IV–E), which include post-adoption services. 

HHS must submit an annual report to Congress that shows the 

performance of each State on certain child welfare outcome measures. Beginning with the report for Fiscal Year 2007, the report 

must include State-by-State data on the percentage of children in 

foster care who were visited on a monthly basis by their caseworker and the percentage of those monthly caseworker visits that 

took place where the child lived. 

Reasons for change 

The legislation reinforces the Committee’s longstanding interest 

in promoting the educational stability of youth in foster care by ensuring that educational stability is a goal of each placement involving foster youth, and not just their first placement. To combat identity theft involving foster youth, the legislation expects States to 

obtain a free credit report for older youth in care, to share that 

with the youth, and to assist the youth in resolving any inaccuracies in his or her credit report, which if unresolved would hinder 

his or her successful transition to adulthood. The legislation also 

reinforces the Committee’s interest in ensuring that any savings 

resulting from expanded Federal eligibility for adoption assistance 

are reinvested in child welfare services. 

Explanation of provision 

H.R. 2883 would amend current law to ensure that educational 

stability planning provisions apply to a child’s initial placement in 

foster care as well as any subsequent placements during the child’s 

stay in foster care. 

H.R. 2883 would add that a State’s case review system must include procedures to ensure that each youth in foster care who is 

age 16 or older receives a copy of his/her credit report each year 

until he or she is discharged from care. The report would need to 

be provided without cost to the youth and the State would need to 

ensure that the youth received assistance in interpreting the report 

and resolving any inaccuracies in the report, (including, when possible, assistance from any court-appointed advocate for the child). 

H.R. 2883 would require each State to document how it spent 

any adoption assistance savings that results from this expanded 

Federal eligibility, including spending on post-adoption services. 

The bill would additionally require this report to include State-byState data on the number of monthly caseworker visits each State 

completed as a share of its total required monthly caseworker visits. 


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Effective date 

October 1, 2011, or later if State implementing legislation is required (see Section 107). 

G. EFFECTIVE DATE (SEC. 107 OF THE BILL AND PART B OF TITLE IV

OF THE SOCIAL SECURITY ACT)

Present law 

Not applicable. 

Reason for change 

This section provides an effective date for several sections of 

Title I of the legislation. 

Explanation of provision 

Except for the data standardization provisions, (which have an 

October 1, 2012 effective date), the amendments made by Title I of 

this bill would generally be effective on October 1, 2011. They 

would apply to payments under Title IV–B or Title IV–E beginning 

with the first quarter of Fiscal Year 2012 without regard to whether regulations implementing the amendments are promulgated by 

that date. However, if HHS were to determine that a State needed 

to pass legislation (other than an appropriations act) to allow a 

State to come into compliance with a plan requirement(s) added by 

the bill, a State may have additional limited time (specified in the 

bill) to come into compliance. 

H. RENEWAL OF AUTHORITY TO APPROVE DEMONSTRATION PROJECTS

DESIGNED TO TEST INNOVATIVE STRATEGIES IN STATE CHILD WELFARE PROGRAMS (SECTION 201 OF THE BILL AND TITLE XI OF THE

SOCIAL SECURITY ACT)

Present law 

HHS may waive certain requirements of Title IV–B and Title IV– 

E to permit a State to conduct a child welfare demonstration 

project. For each of Fiscal Year 1998 through March 31, 2006, HHS 

was authorized to annually grant such waivers for as many as ten 

demonstration (a.k.a. ‘‘waiver’’) projects annually. 

A demonstration project may not be conducted for more than five 

years unless the Secretary of HHS determines that it should continue beyond five years. 

HHS may not approve a State to conduct a child welfare demonstration project if that State fails to provide health insurance 

coverage to any child with special needs for whom the State has 

an agreement in place with the child’s adoptive parents to provide 

adoption assistance. 

If an appropriate application for such a project is received, HHS 

must consider authorizing child welfare demonstration projects 

that identify and address barriers to timely adoptions out of foster 

care; identify and address parental substance abuse issues that endanger children and result in their placement in foster care; and 

address kinship care. 

There is no provision describing ‘‘child welfare program improvement policies.’’ As of October 2009, States are permitted to choose 

to offer kinship guardianship assistance to eligible children under 


smartinez on DSK6TPTVN1PROD with REPORTS
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their Title IV–E program. Further, as of October 2010, they are 

permitted to amend that same plan to enable provision of Federal 

Title IV–E support to eligible youth after their 18th birthday (and 

up to their 21st birthday). 

States are required to establish a health oversight plan relevant 

to all children in foster care, and to provide certain transition planning for older youth in care, including those about to leave care 

without placement in a permanent family. Further they must make 

reasonable efforts to place siblings removed from their homes in 

the same foster, adoptive, or guardianship settings whenever this 

is not contrary to safety or well-being of one of the siblings. 

States seeking to implement a demonstration project must send 

an application to HHS that meets specific application requirements. Among these, a State must provide in the application that, 

where appropriate, children and families will be randomly assigned 

to a group that will receive the demonstration project services or 

to a group that will not receive those services. 

States must provide certain information in their application for 

a child welfare demonstration project. 

Each State that conducts a demonstration project must evaluate 

the effectiveness of the project and the evaluation must be done by 

an independent contractor. HHS must approve the evaluation design and that design must permit comparison of methods of service 

delivery under the demonstration project with those otherwise used 

under the States plan(s); a comparison of outcomes for children and 

families (and groups of children and families) served under the 

project with outcomes of those not served by the project; and any 

other information that HHS would require. 

A State must provide interim and final evaluation reports to 

HHS at the times and in the manner that HHS requires. 

Under current law, there are no provisions to discontinue project 

authority if improvement policies are not implemented, to define 

youth, or to include tribes. 

Reasons for change 

The legislation renews for three years the authority for HHS to 

provide new waivers of Federal child welfare law, which is designed to improve State effectiveness in protecting children and assisting families as well as point the way to potential broader national reforms to benefit children and families in the coming years. 

At the same time, the legislation conditions the awarding of new 

waivers to States in several ways, including by requiring States receiving new waivers to identify one or more goals, to demonstrate 

their readiness to successfully achieve those goals, and to demonstrate that they have implemented, or plan to implement, at 

least two of the ‘‘child welfare program improvement policies’’ listed 

in the legislation. These features are designed to promote the adoption of several identified program and policy options (including 

some tested in prior waiver programs) that seem especially promising in advancing the wellbeing of children and families. 

Explanation of provision 

H.R. 2883 would extend the authority for HHS to grant up to ten 

new child welfare demonstration projects annually for each of three 

years, Fiscal Year 2012 through Fiscal Year 2014. 


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H.R. 2883 would extend the authority for HHS to grant up to ten 

new child welfare demonstration projects annually for each of three 

years, Fiscal Year 2012 through Fiscal Year 2014. 

H.R. 2883 would add the following conditions of eligibility, for 

any State seeking approval of a new demonstration project (first 

conducted in any of Fiscal Year 2012 through Fiscal Year 2014). 

The State must: demonstrate that its proposed demonstration 

project will meet one or more of the following identified goals: reduce the lengths of stay in foster care for children of all ages and 

promote successful transitions to adulthood for older youth; increase positive outcomes for children who remain in their own 

homes and communities; and prevent child abuse and neglect, as 

well as re-entries to foster care. The State must also provide a 

written description of changes the State has made, or will make, 

to its child welfare policies and procedures to enable the State to 

successfully achieve the goal(s) of its demonstration project. The 

State must also implement at least two of ten child welfare program improvement policies (specified in the bill). At least one of 

these program improvement policies must be new to the State (i.e., 

not have been implemented before the date the State submits its 

demonstration project application.) The State must demonstrate in 

its application that any new policy (or policies) will be implemented 

by the later of three years from the date on which it submits its 

application of the demonstration project or two years from the date 

when HHS approves the demonstration project. 

H.R. 2883 would permit HHS to terminate the authority of a 

State to conduct a child welfare demonstration project, if within 

three years of granting that approval, HHS determines that the 

State has not made significant progress in implementing the child 

welfare program improvement policies it cited in its application for 

that project. 

H.R. 2883 would provide that any State seeking to implement a 

demonstration project meeting any of the goals specified above may 

choose to establish a program that would identify and address domestic violence that endangers children and results in their placement in foster care or permit Federal (Title IV–E) foster care maintenance payments to be made on behalf of a child residing in a 

long-term therapeutic family treatment center. 

For purposes of this provision, H.R. 2883 would define a ‘‘longterm therapeutic family treatment center’’ as a program licensed or 

certified by the State that ‘‘enables parents and their children to 

live together in a safe environment’’ for not less than six months 

and that provides, either on-site or by referral, the following services or activities: substance abuse treatment, children’s early intervention, family counseling, legal, nursery and preschool, parenting 

skills training, pediatric care, prenatal care, sexual abuse therapy, 

relapse prevention, transportation, and job or vocational training 

(or classes leading to a high school diploma or a GED). 

H.R. 2883 would describe ten child welfare program improvement policies that States may implement to meet the requirements 

as follows: 

(1) Establish a bill of rights for infants, children, and youth, who 

are in foster care, which must outline protections to be provided 

and procedures for ensuring the protections are provided, and must 

be widely shared. 


smartinez on DSK6TPTVN1PROD with REPORTS
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(2) Develop and implement a plan to meet the health and mental 

health needs of infants, children, and youth, who are in foster care, 

which ensures child-specific provision of health and mental health 

services that are comprehensive, appropriate, and consistent. 

(3) Opt to provide kinship guardianship assistance under the 

State’s Title IV–E plan. 

(4) Opt to define ‘‘child’’ (under the State’s Title IV–E plan) to include individuals up to their 21st birthday (Doing this would require a State to provide Title IV–E assistance on behalf of eligible 

youth up to their 21st birthday, whether they were in foster care 

or had left foster care after their 16th birthday for guardianship or 

adoption). 

(5) Develop and implement a plan to ensure appropriate use of 

congregate care and that reduces its use for children and youth in 

foster care. 

(6) Substantially increase (above a Fiscal Year 2008 baseline) the 

number of cases where siblings (whether infants, children, or 

youth) who are in out-of-home care are placed in the same foster 

care, kinship guardianship, or adoptive placements. 

(7) Develop and implement a plan to improve the recruitment 

and retention of high quality foster family homes, which may include increased maintenance payments, expanded training, and 

other supports for families that provide foster care. 

(8) Establish procedures to aid youth preparing to transition out 

of foster care, for example, by arranging for participation in ageappropriate extra-curricular activities; providing appropriate access 

to cell phones, computers, and opportunities to obtain a driver’s license; providing notification of where siblings that are in foster 

care are placed (or, if they are not in care, where siblings are located) as well as counseling and financial support for post-secondary education. 

(9) Include in the State’s Title IV–E plan a description of State 

procedures for ensuring that a youth in foster care who has attained 16 years of age is engaged in discussions (including during 

transition planning activities required under current law) that explore whether the youth wishes to reconnect with his or her biological family members (including parents, siblings, grandparents or 

others) and, if so, that the skills and strategies needed to allow this 

to happen safely are discussed, as well as guidance and services to 

manage any desired reconnections. These procedures must also 

seek to include biological family members in these reconnection efforts when appropriate. 

(10) To prevent the entry of infants, children, and youth to foster 

care, and to provide permanency for those already in care, by establishing one or more of the following programs or services—intensive family finding; a kinship navigator program; family counseling (e.g., family group decision-making or in-home peer support 

for families); a comprehensive family-based substance abuse treatment program; a program to identify and address domestic violence 

that endangers infants, children, and youth and puts them at risk 

of entering foster care; and a mentoring program. 

For purposes only of the paragraph in the bill describing ‘‘child 

welfare program improvement policies,’’ H.R. 2883 would define 

‘‘youth’’ to mean any individual who is at least 12 years of age but 

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sidered a ‘‘child’’ under the State’s Title IV–E or Title IV–B plans 

(i.e., at least up to age 18 but possibly up to age 21). 

Before approving a State’s child welfare demonstration project 

application, H.R. 2883 would require HHS to consider the effect of 

such an approval on the ability of that State to implement any approved Program Improvement Plan (PIP) in the State. 

H.R. 2883 would strike the application requirement related to 

random assignment from the law, but would continue to require 

that States evaluate the effectiveness of their projects by comparing methods of service delivery to measure effectiveness. Separately, the legislation would prohibit HHS from taking into consideration the fact that a State is using (or not using) a random assignment design as part of its decision to approve or disapprove of 

a child welfare demonstration project. 

H.R. 2883 would require that States provide an accounting of 

any ‘‘additional’’ Federal, State, or local funds—as well as any private investments made in coordination with the State—that were 

used in the two years preceding the State’s application to provide 

the services the State proposes to offer under the demonstration 

project, and further that the State would provide this same spending information for each year of an approved demonstration project. 

H.R. 2883 would strike the current evaluation report requirement and would instead require each State conducting a demonstration project to submit periodic reports to HHS on specific 

programs, activities, and strategies used to improve outcomes for 

infants, children, youth, and families, including the results 

achieved and without regard to whether those children were prevented from entering foster care, were in foster care, or had been 

moved from foster care to permanent families. At the same time it 

submitted such a report to HHS (and each time it did so), the State 

would further be required to post a copy of the report on the State 

child welfare agency’s website. 

Further, H.R. 2883 would require HHS to submit to the House 

Committee on Ways and Means and the Senate Finance Committee: (1) Periodic reports (based on State-supplied periodic reports) regarding programs, strategies, and activities to improve 

outcomes for infants, children, youth and families in States with 

approved demonstration projects and the results achieved. (2) A report based on the results of State demonstration project evaluation 

reports that analyzes the results and makes recommendations for 

administrative or legislation changes that HHS determines appropriate. 

For purposes of seeking and receiving authority to operate a 

child welfare demonstration project, H.R. 2883 would consider as a 

‘‘State’’ any Indian tribe, tribal organization or consortium of tribes 

that has chosen to operate a Title IV–E program under the Social 

Security Act. 

Effective date 

The legislation provides HHS the authority to grant new child 

welfare waivers to States during Fiscal Years 2012 (which begins 

on October 1, 2011) through 2014. 


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I. BUDGET PROVISIONS (TITLE III OF THE BILL AND THE STATUTORY

PAY-AS-YOU-GO ACT OF 2010)

Present law 

The Statutory Pay-As-You-Go-Act of 2010 generally requires that 

direct spending and revenue legislation (referred to as PAYGO legislation) enacted into law not increase the deficit. As a general 

matter, the budgetary effects are expected to reflect cost estimates 

prepared by the Congressional Budget Office (CBO) as included in 

statements inserted into the Congressional Record by the Chairman of the Budget Committee. If this procedure is not followed for 

a PAYGO measure, then the budgetary effects of the measure are 

determined by the Office of Management and Budget (OMB). 

Reasons for change 

To provide a statement regarding the budgetary effect of the legislation. 

Explanation of provision 

H.R. 2883 would stipulate that: For purposes of complying with 

the ‘‘Statutory Pay-As-You-Go-Act of 2010,’’ the budgetary effect of 

this bill must be determined by referring to the latest statement 

titled ‘‘Budgetary Effects of PAYGO Legislation’’ as submitted for 

printing in the Congressional Record by the Chairman of the Senate Budget Committee, but only if such a statement has been submitted prior to a vote on the passage of the bill. 

Effective date 

Not applicable. 

III. VOTES OF THE COMMITTEE

In compliance with clause 3(b) of rule XIII of the Rules of the 

House of Representatives, the following statements are made concerning the votes of the Committee on Ways and Means in its consideration of the bill, H.R. 2883: 

The bill H.R. 2883 was ordered favorably reported, as amended, 

by voice vote (with a quorum being present). 

IV. BUDGET EFFECTS OF THE BILL

A. COMMITTEE ESTIMATE OF BUDGETARY EFFECTS

In compliance with clause 3(d) of rule XIII of the Rules of the 

House of Representatives, the following statement is made concerning the effects on the budget of the revenue provisions of the 

bill, H.R. 2883 as reported: 

The Committee agrees with the estimates prepared by the Congressional Budget Office (CBO), which is included below. 

STATEMENT REGARDING NEW BUDGET AUTHORITY AND TAX

EXPENDITURES BUDGET AUTHORITY

In compliance with clause 3(c)(2) of rule XIII of the Rules of the 

House of Representatives, the Committee states that the bill involves no new or increased budgetary authority. The Committee 


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states further that the bill involves no new or increased tax expenditures. 

B. COST ESTIMATE PREPARED BY THE CONGRESSIONAL BUDGET OFFICE

In compliance with clause 3(c)(3) of rule XIII of the Rules of the 

House of Representatives, requiring a cost estimate prepared by 

the CBO, the following statement by CBO is provided. 

U.S. CONGRESS, 

CONGRESSIONAL BUDGET OFFICE, 

Washington, DC, September 19, 2011. 

Hon. DAVE CAMP, 

Chairman, Committee on Ways and Means, 

House of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 2883, the Child and Family Services Improvement and Innovation Act. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Jonathan Morancy, 

Sincerely, 

DOUGLAS W. ELMENDORF, 

Director. 

Enclosure. 

H.R. 2883—Child and Family Services Improvement and Innovation Act 

Summary: H.R. 2883 would make numerous modifications to various federal child welfare programs. The bill would modify two programs (the Stephanie Tubbs Jones Child Welfare Services Program 

and the Safe and Stable Families program) and reauthorize the 

programs for five years. 

The bill also would authorize the appropriation of $345 million 

a year in mandatory funds from 2012 through 2016 for the Safe 

and Stable Families program, but that funding is already assumed 

in CBO’s baseline. Finally, H.R. 2883 would reauthorize the child 

welfare waivers in section 1130 of the Social Security Act from 

2012 through 2014. 

CBO estimates that implementing H.R. 2883 would have a discretionary cost of about $2.1 billion over the 2012–2016 period, assuming appropriation of the authorized amounts. 

Because enacting the legislation could affect direct spending, 

pay-as-you-go procedures apply; however, CBO estimates the legislation would have an insignificant effect on direct spending. Enacting the bill would not affect revenues. 

H.R. 2883 would impose intergovernmental mandates as defined 

in the Unfunded Mandates Reform Act (UMRA) because it would 

increase the stringency of conditions of assistance under the Foster 

Care and Adoption Assistance Programs. CB0 estimates, however, 

that the costs to state and local governments to comply with the 

mandates would be small and not exceed the threshold established 

in UMRA ($71 million in 2011, as adjusted by inflation). The bill 

contains no new private-sector mandates as defined in UMRA. 

Estimated cost to the Federal Government: The estimated budgetary impact of H.R. 2883 is shown in the following table. The costs 


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of this legislation fall within budget functions 500 (education, training, employment, and social services) and 600 (income security). 

By fiscal year, in millions of dollars— 

2012 2013 2014 2015 2016 2012– 

2016 

CHANGES IN SPENDING SUBJECT TO APPROPRIATION a b

Child Welfare Services Program: 

Authorization Level .................................................. 325 325 325 325 325 1,625 

Estimated Outlays ................................................... 111 270 312 315 315 1,323 

Safe and Stable Families: 

Authorization Level .................................................. 200 200 200 200 200 1,000 

Estimated Outlays ................................................... 64 168 196 198 200 826 

Total Changes: 

Authorization Level .................................................. 525 525 525 525 525 2,625 

Estimated Outlays ................................................... 175 438 508 513 515 2,149 

a Title II would reauthorize section 1130 of the Social Security Act. That section requires any waivers approved by the Secretary of Health and Human Services to be cost neutral over the approved term of the project or some other time period as the Secretary finds appropriate. 

CHO expects that although this provision would not have a significant budgetary effect over the course of the waivers, the costs during any 

given year could be slightly higher or lower than zero. b Section 102 authorizes the appropriation of $345 million per year in mandatory funds from 2012 to 2016 for the Safe and Stable Families program. That level of funding is already assumed in CBO’s baseline. 

Basis of estimate: For the purposes of this estimate, CBO assumes H.R. 2883 will be enacted early in fiscal year 2012, that the 

full amounts authorized will be appropriated for each year, and 

that outlays will follow historical patterns. 

SPENDING SUBJECT TO APPROPRIATION

H.R. 2883 would authorize the appropriation of $325 million each 

year from 2012 through 2016 for the Stephanie Tubbs Jones Child 

Welfare Services Program and $200 million per year from 2012 

through 2016 for the Safe and Stable Families program. The authorizations for both programs expire at the end of fiscal year 2011. 

In 2011, the Congress appropriated $282 million for Child Welfare 

Services and $63 million for Safe and Stable Families. CBO estimates that implementing these provisions would have a discretionary cost of $2.1 billion over the 2012–2016 period, assuming appropriation of the authorized amounts. 

DIRECT SPENDING

H.R. 2883 would authorize the appropriation of $345 million per 

year in mandatory funds from 2012 through 2016 for the Safe and 

Stable Families program. Consistent with the budget projection 

rules in section 257 of the Balanced Budget and Emergency Deficit 

Control Act, the costs of extending the mandatory component of the 

Safe and Stable Families program are included in CBO’s baseline 

and are therefore not included in the costs attributable to this bill. 

CBO estimates those costs would total about $1.4 billion over the 

2012–2016 period. 

The bill also would reauthorize the child welfare waiver program 

in section 1130 of the Social Security Act. Current law requires 

that any waivers a state engages in be cost neutral over the approved term of the project or some other time period as the Secretary of Health and Human Services finds appropriate. The department has mechanisms in place to ensure that this cost neutrality is maintained and CBO thinks those mechanisms are effective. Thus, CBO expects that reauthorizing this waiver program 


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would have no significant effect on direct spending, though there 

could be costs or savings in any given year. 

Pay-As-You-Go considerations: The Statutory Pay-As-You-Go Act 

of 2010 establishes budget reporting and enforcement procedures 

for legislation affecting direct spending or revenues. Because enacting the bill could affect direct spending, pay-as-you-go procedures 

apply. Relative to the baseline, however, CBO estimates that enacting the bill would have an insignificant effect on direct spending 

in every year and over the 2011–2021 period. 

Estimated impact on state, local, and tribal governments: For 

large entitlement programs like the Foster Care and Adoption Assistance Programs, UMRA defines an increase in the stringency of 

conditions as an intergovernmental mandate if the affected governments lack authority to offset those costs while continuing to provide required services. The bill would require states to comply with 

new standards for reporting spending on adoption services and for 

assisting youth in foster care with identifying and resolving inaccuracies in their consumer credit reports. Because states and local 

governments have limited flexibility to amend their programmatic 

or financial responsibilities in those programs, the new requirements would be intergovernmental mandates. In aggregate, CBO 

estimates that the costs to governmental entities would be small 

and not exceed the annual threshold established in UMRA ($71 

million in 2011, adjusted annually for inflation). 

Estimated impact on the private sector: H.R. 2883 contains no 

new private-sector mandates as defined in UMRA. 

Estimate prepared by: Federal Costs: Jonathan Morancy; Impact 

on State, Local, and Tribal Governments: Lisa Ramirez-Branum; 

Impact on the Private Sector: Jimmy Jin. 

Estimate approved by: Peter H. Fontaine, Assistant Director for 

Budget Analysis. 

V. OTHER MATTERS TO BE DISCUSSED UNDER THE RULES OF THE

HOUSE OF REPRESENTATIVES

A. COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

With respect to clause 3(c)(1) of rule XIII of the Rules of the 

House of Representatives (relating to oversight findings), the Committee concluded that it was appropriate and timely to enact the 

sections included in the bill, as reported. 

B. STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES

With respect to clause 3(c)(4) of rule XIII of the Rules of the 

House of Representatives, the Committee advises that the bill contains no measure that authorizes new or additional funding compared with the current law baseline, so no statement of general 

performance goals and objectives for which any measure authorizes 

funding is required. 

C. INFORMATION RELATING TO UNFUNDED MANDATES

This information is provided in accordance with section 423 of 

the Unfunded Mandates Reform Act of 1995 (Pub. L. No. 104–4). 

The Committee has determined that the revenue provisions of 

the bill do not impose a Federal mandate on the private sector. The 

Committee has determined that the revenue provisions of the bill 


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do not impose a Federal intergovernmental mandate on State, 

local, or tribal governments. 

D. APPLICABILITY OF HOUSE RULE XXI 5(b) 

Clause 5(b) of rule XXI of the Rules of the House of Representatives provides, in part, that ‘‘A bill or joint resolution, amendment, 

or conference report carrying a Federal income tax rate increase 

may not be considered as passed or agreed to unless so determined 

by a vote of not less than three-fifths of the Members voting, a 

quorum being present.’’ The Committee has carefully reviewed the 

sections of the bill, and states that the bill does not involve any 

Federal income tax rate increases within the meaning of the rule. 

E. CONGRESSIONAL EARMARKS, LIMITED TAX BENEFITS, AND LIMITED

TARIFF BENEFITS

With respect to clause 9 of rule XXI of the Rules of the House 

of Representatives, the Committee has carefully reviewed the provision of the bill, and states that the provisions of the bill do not 

contain any congressional earmarks, limited tax benefits, or limited 

tariff benefits within the meaning of the rule. 

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italic, 

existing law in which no change is proposed is shown in roman): 

SOCIAL SECURITY ACT 

* * * * * * * 

TITLE IV—GRANTS TO STATES FOR AID AND SERVICES TO 

NEEDY FAMILIES WITH CHILDREN AND FOR CHILD-WELFARE SERVICES 

* * * * * * * 

PART B—CHILD AND FAMILY SERVICES 

Subpart 1—Stephanie Tubbs Jones Child Welfare 

Services Program 

* * * * * * * 

STATE PLANS FOR CHILD WELFARE SERVICES

SEC. 422. (a) * * * 

(b) Each plan for child welfare services under this subpart 

shall— 

(1) * * * 

* * * * * * * 

(15)(A) provides that the State will develop, in coordination 

and collaboration with the State agency referred to in paragraph (1) and the State agency responsible for administering 


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the State plan approved under title XIX, and in consultation 

with pediatricians, other experts in health care, and experts in 

and recipients of child welfare services, a plan for the ongoing 

oversight and coordination of health care services for any child 

in a foster care placement, which shall ensure a coordinated 

strategy to identify and respond to the health care needs of 

children in foster care placements, including mental health and 

dental health needs, and shall include an outline of— 

(i) * * * 

(ii) how health needs identified through screenings 

will be monitored and treated, including emotional 

trauma associated with a child’s maltreatment and removal from home; 

* * * * * * * 

(v) the oversight of prescription medicines, including 

protocols for the appropriate use and monitoring of 

psychotropic medications; 

* * * * * * * 

(16) provide that, not later than 1 year after the date of the 

enactment of this paragraph, the State shall have in place procedures providing for how the State programs assisted under 

this subpart, subpart 2 of this part, or part E would respond 

to a disaster, in accordance with criteria established by the 

Secretary which should include how a State would— 

(A) * * * 

* * * * * * * 

(E) coordinate services and share information with other 

States; øand¿ 

(17) not later than October 1, 2007, describe the State standards for the content and frequency of caseworker visits for children who are in foster care under the responsibility of the 

State, which, at a minimum, ensure that the children are visited on a monthly basis and that the caseworker visits are 

well-planned and focused on issues pertinent to case planning 

and service delivery to ensure the safety, permanency, and 

well-being of the childrenø.¿; 

(18) include a description of the activities that the State has 

undertaken to reduce the length of time children who have not 

attained 5 years of age are without a permanent family, and the 

activities the State undertakes to address the developmental 

needs of such children who receive benefits or services under 

this part or part E; and 

(19) contain a description of the sources used to compile information on child maltreatment deaths required by Federal law 

to be reported by the State agency referred to in paragraph (1), 

and to the extent that the compilation does not include information on such deaths from the State vital statistics department, 

child death review teams, law enforcement agencies, or offices 

of medical examiners or coroners, the State shall describe why 

the information is not so included and how the State will include the information. 

* * * * * * * 


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ALLOTMENTS TO STATES

SEC. 423. (a) * * * 

(b) DETERMINATION OF STATE ALLOTMENT PERCENTAGES.—The 

‘‘allotment percentage’’ for any State shall be 100 øper centum¿ 

percent less the State percentage; and the State percentage shall 

be the percentage which bears the same ratio to 50 øper centum¿ 

percent as the per capita income of such State bears to the per capita income of the United States; except that (1) the allotment percentage shall in no case be less than 30 øper centum¿ percent or 

more than 70 øper centum¿ percent, and (2) the allotment percentage shall be 70 øper centum¿ percent in the case of Puerto Rico, 

the Virgin Islands, Guam, and American Samoa. 

* * * * * * * 

PAYMENT TO STATES

SEC. 424. (a) * * * 

* * * * * * * 

ø(e)(1) The Secretary may not make a payment to a State under 

this subpart for a period in fiscal year 2008, unless the State has 

provided to the Secretary data which shows, for fiscal year 2007— 

ø(A) the percentage of children in foster care under the responsibility of the State who were visited on a monthly basis 

by the caseworker handling the case of the child; and 

ø(B) the percentage of the visits that occurred in the residence of the child. 

ø(2)(A) Based on the data provided by a State pursuant to paragraph (1), the Secretary, in consultation with the State, shall establish, not later than June 30, 2008, an outline of the steps to be 

taken to ensure, by October 1, 2011, that at least 90 percent of the 

children in foster care under the responsibility of the State are visited by their caseworkers on a monthly basis, and that the majority 

of the visits occur in the residence of the child. The outline shall 

include target percentages to be reached each fiscal year, and 

should include a description of how the steps will be implemented. 

The steps may include activities designed to improve caseworker 

retention, recruitment, training, and ability to access the benefits 

of technology. 

ø(B) Beginning October 1, 2008, if the Secretary determines that 

a State has not made the requisite progress in meeting the goal described in subparagraph (A) of this paragraph, then the percentage 

that shall apply for purposes of subsection (a) of this section for the 

period involved shall be the percentage set forth in such subsection 

(a) reduced by— 

ø(i) 1, if the number of full percentage points by which the 

State fell short of the target percentage established for the 

State for the period pursuant to such subparagraph is less 

than 10; 

ø(ii) 3, if the number of full percentage points by which the 

State fell short, as described in clause (i), is not less than 10 

and less than 20; or 

ø(iii) 5, if the number of full percentage points by which the 

State fell short, as described in clause (i), is not less than 20.¿ 


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(f)(1)(A) Each State shall take such steps as are necessary to ensure that the total number of visits made by caseworkers on a 

monthly basis to children in foster care under the responsibility of 

the State during a fiscal year is not less than 90 percent (or, in the 

case of fiscal year 2015 or thereafter, 95 percent) of the total number 

of such visits that would occur during the fiscal year if each such 

child were so visited once every month while in such care. 

(B) If the Secretary determines that a State has failed to comply 

with subparagraph (A) for a fiscal year, then the percentage that 

would otherwise apply for purposes of subsection (a) for the fiscal 

year shall be reduced by— 

(i) 1, if the number of full percentage points by which the 

State fell short of the percentage specified in subparagraph (A) 

is less than 10; 

(ii) 3, if the number of full percentage points by which the 

State fell short, as described in clause (i), is not less than 10 

and less than 20; or 

(iii) 5, if the number of full percentage points by which the 

State fell short, as described in clause (i), is not less than 20. 

(2)(A) Each State shall take such steps as are necessary to ensure 

that not less than 50 percent of the total number of visits made by 

caseworkers to children in foster care under the responsibility of the 

State during a fiscal year occur in the residence of the child involved. 

(B) If the Secretary determines that a State has failed to comply 

with subparagraph (A) for a fiscal year, then the percentage that 

would otherwise apply for purposes of subsection (a) for the fiscal 

year shall be reduced by— 

(i) 1, if the number of full percentage points by which the 

State fell short of the percentage specified in subparagraph (A) 

is less than 10; 

(ii) 3, if the number of full percentage points by which the 

State fell short, as described in clause (i), is not less than 10 

and less than 20; or 

(iii) 5, if the number of full percentage points by which the 

State fell short, as described in clause (i), is not less than 20. 

LIMITATIONS ON AUTHORIZATION OF APPROPRIATIONS

SEC. 425. To carry out this subpart (other than sections 426, 427, 

and 429), there are authorized to be appropriated to the Secretary 

not more than $325,000,000 for each of fiscal years ø2007 through 

2011¿ 2012 through 2016. 

* * * * * * * 

Subpart 2—Promoting Safe and Stable Families 

* * * * * * * 

SEC. 431. DEFINITIONS. 

(a) IN GENERAL.—As used in this subpart: 

(1) * * * 

ø(2) FAMILY SUPPORT SERVICES.—The term ‘‘family support 

services’’ means community-based services to promote the safety and well-being of children and families designed to increase 

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ter, and extended families), to increase parents’ confidence and 

competence in their parenting abilities, to afford children a 

safe, stable, and supportive family environment, to strengthen 

parental relationships and promote healthy marriages, and 

otherwise to enhance child development.¿ 

(2) FAMILY SUPPORT SERVICES.— (A) IN GENERAL.—The term ‘‘family support services’’ 

means community-based services designed to carry out the 

purposes described in subparagraph (B). 

(B) PURPOSES DESCRIBED.—The purposes described in 

this subparagraph are the following: 

(i) To promote the safety and well-being of children 

and families. 

(ii) To increase the strength and stability of families 

(including adoptive, foster, and extended families). 

(iii) To increase parents’ confidence and competence 

in their parenting abilities. 

(iv) To afford children a safe, stable, and supportive 

family environment. 

(v) To strengthen parental relationships and promote 

healthy marriages. 

(vi) To enhance child development, including 

through mentoring (as defined in section 439(b)(2)). 

* * * * * * * 

ø(5) TRIBAL ORGANIZATION.—The term ‘‘tribal organization’’ 

means the recognized governing body of any Indian tribe. 

ø(6) INDIAN TRIBE.—The term ‘‘Indian tribe’’ means any Indian tribe (as defined in section 482(i)(5), as in effect before 

August 22, 1996) and any Alaska Native organization (as defined in section 482(i)(7)(A), as so in effect).¿ 

(5) INDIAN TRIBE.—The term ‘‘Indian tribe’’ has the meaning 

given the term in section 428(c). 

(6) TRIBAL ORGANIZATION.—The term ‘‘tribal organization’’ 

has the meaning given the term in section 428(c). 

(7) TIME-LIMITED FAMILY REUNIFICATION SERVICES.— 

(A) * * * 

(B) SERVICES AND ACTIVITIES DESCRIBED.—The services 

and activities described in this subparagraph are the following: 

(i) * * * 

* * * * * * * 

(vi) Peer-to-peer mentoring and support groups for 

parents and primary caregivers. 

(vii) Services and activities designed to facilitate access to and visitation of children by parents and siblings. 

ø(vi)¿ (viii) Transportation to or from any of the 

services and activities described in this subparagraph. 

* * * * * * * 

SEC. 432. STATE PLANS. 

(a) PLAN REQUIREMENTS.—A State plan meets the requirements 

of this subsection if the plan— 


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(1) * * * 

* * * * * * * 

(8)(A) * * * 

(B) provides that, not later than June 30 of each year, the 

State will submit to the Secretary— 

(i) copies of øforms CFS 101–Part I and CFS 101–Part 

II (or any successor forms)¿ form CFS–101 (including all 

parts and any successor forms) that report on planned 

child and family services expenditures by the agency for 

the immediately succeeding fiscal year; and 

(ii) copies of øforms CFS 101–Part I and CFS 101–Part 

II (or any successor forms)¿ form CFS–101 (including all 

parts and any successor forms) that provide, with respect 

to the programs authorized under this subpart and subpart 1 and, at State option, other programs included on 

such forms, for the most recent preceding fiscal year for 

which reporting of actual expenditures is complete— 

(I) * * * 

* * * * * * * 

(IV) the actual expenditures of funds provided to the 

State agency; øand¿ 

(9) contains assurances that in administering and conducting 

service programs under the plan, the safety of the children to 

be served shall be of paramount concernø.¿; and 

(10) describes how the State identifies which populations are 

at the greatest risk of maltreatment and how services are targeted to the populations. 

* * * * * * * 

ø(c) ANNUAL SUBMISSION OF STATE REPORTS TO CONGRESS.—The 

Secretary¿ 

(c) ANNUAL SUBMISSION OF STATE REPORTS TO CONGRESS.— 

(1) IN GENERAL.—The Secretary shall compile the reports required under subsection (a)(8)(B) and, not later than September 30 of each year, submit such compilation to the Committee on Ways and Means of the House of Representatives 

and the Committee on Finance of the Senate. 

(2) INFORMATION TO BE INCLUDED.—The compilation shall include the individual State reports and tables that synthesize 

State information into national totals for each element required 

to be included in the reports, including planned and actual 

spending by service category for the program authorized under 

this subpart and planned spending by service category for the 

program authorized under subpart 1. 

(3) PUBLIC ACCESSIBILITY.—Not later than September 30 of 

each year, the Secretary shall publish the compilation on the 

website of the Department of Health and Human Services in a 

location easily accessible by the public. 

SEC. 433. ALLOTMENTS TO STATES. 

(a) * * * 

* * * * * * * 

(c) OTHER STATES.— 

(1) * * * 


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(2) øFOOD STAMP¿ SUPPLEMENTAL NUTRITION ASSISTANCE

PROGRAM BENEFITS PERCENTAGE DEFINED.— (A) IN GENERAL.—As used in paragraph (1) of this subsection, the term ‘‘supplemental nutrition assistance program benefits percentage’’ means, with respect to a State 

and a fiscal year, the average monthly number of children 

receiving supplemental nutrition assistance program øbenefits benefits¿ benefits in the State for months in the 3 fiscal years referred to in subparagraph (B) of this paragraph, as determined from sample surveys made under 

section 16(c) of the Food and Nutrition Act of 2008, expressed as a percentage of the average monthly number of 

children receiving supplemental nutrition assistance program øbenefits benefits¿ benefits in the States described in 

such paragraph (1) for months in such 3 fiscal years, as so 

determined. 

* * * * * * * 

SEC. 436. AUTHORIZATION OF APPROPRIATIONS; RESERVATION OF 

CERTAIN AMOUNTS. 

(a) AUTHORIZATION.—In addition to any amount otherwise made 

available to carry out this subpart, there are authorized to be appropriated to carry out this subpart $345,000,000 øfor each of fiscal 

years 2007 through 2010¿ for each of fiscal years 2012 through 

2016. 

(b) RESERVATION OF CERTAIN AMOUNTS.—From the amount specified in subsection (a) for a fiscal year, the Secretary shall reserve 

amounts as follows: 

(1) * * * 

* * * * * * * 

(4) SUPPORT FOR MONTHLY CASEWORKER VISITS.— 

(A) RESERVATION.—The Secretary shall reserve for allotment in accordance with section ø433(e)— 

ø(i) $5,000,000 for fiscal year 2008; 

ø(ii) $10,000,000 for fiscal year 2009; and 

ø(iii) $20,000,000 for each of fiscal years 2010 and 

2011.¿ 433(e) $20,000,000 for each of fiscal years 2012 

through 2016. 

(B) USE OF FUNDS.— 

(i) IN GENERAL.—A State to which an amount is paid 

from amounts reserved under subparagraph (A) shall 

use the amount to øsupport¿ improve the quality of 

monthly caseworker visits with children who are in 

foster care under the responsibility of the State, with 

øa primary emphasis on activities designed to improve 

caseworker retention, recruitment, training, and ability to access the benefits of technology.¿ an emphasis 

on improving caseworker decision making on the safety, permanency, and well-being of foster children and 

on activities designed to increase retention, recruitment, and training of caseworkers. 

* * * * * * * 

(5) REGIONAL PARTNERSHIP GRANTS.—The Secretary shall reserve for awarding grants under section ø437(f)— 


smartinez on DSK6TPTVN1PROD with REPORTS
42 

ø(A) $40,000,000 for fiscal year 2007; 

ø(B) $35,000,000 for fiscal year 2008; 

ø(C) $30,000,000 for fiscal year 2009; and 

ø(D) $20,000,000 for each of fiscal years 2010 and 2011.¿ 

437(f) $20,000,000 for each of fiscal years 2012 through 

2016. 

SEC. 437. DISCRETIONARY AND TARGETED GRANTS. 

(a) LIMITATIONS ON AUTHORIZATION OF APPROPRIATIONS.—In addition to any amount appropriated pursuant to section 436, there 

are authorized to be appropriated to carry out this section 

$200,000,000 for each of fiscal years ø2007 through 2011¿ 2012 

through 2016. 

* * * * * * * 

(f) TARGETED GRANTS TO INCREASE THE WELL-BEING OF, AND TO

IMPROVE THE PERMANENCY OUTCOMES FOR, CHILDREN AFFECTED

BY øMETHAMPHETAMINE OR OTHER¿ SUBSTANCE ABUSE.— (1) PURPOSE.—The purpose of this subsection is to authorize 

the Secretary to make competitive grants to regional partnerships to provide, through interagency collaboration and integration of programs and services, services and activities that 

are designed to increase the well-being of, improve permanency 

outcomes for, and enhance the safety of children who are in an 

out-of-home placement or are at risk of being placed in an outof-home placement as a result of a parent’s or caretaker’s 

ømethamphetamine or other¿ substance abuse. 

* * * * * * * 

(3) AUTHORITY TO AWARD GRANTS.— (A) IN GENERAL.—In addition to amounts authorized to 

be appropriated to carry out this section, the Secretary 

shall award grants under this subsection, from the 

amounts reserved for each of fiscal years ø2007 through 

2011¿ 2012 through 2016 under section 436(b)(5), to regional partnerships that satisfy the requirements of this 

subsection, in amounts that are not less than $500,000 

and not more than $1,000,000 per grant per fiscal year. 

ø(B) REQUIRED MINIMUM PERIOD OF APPROVAL.—A grant 

shall be awarded under this subsection for a period of not 

less than 2, and not more than 5, fiscal years.¿ 

(B) REQUIRED MINIMUM PERIOD OF APPROVAL.— (i) IN GENERAL.—A grant shall be awarded under 

this subsection for a period of not less than 2, and not 

more than 5, fiscal years, subject to clause (ii). 

(ii) EXTENSION OF GRANT.—On application of the 

grantee, the Secretary may extend for not more than 2 

fiscal years the period for which a grant is awarded 

under this subsection. 

(C) MULTIPLE GRANTS ALLOWED.—This subsection shall 

not be interpreted to prevent a grantee from applying for, 

or being awarded, separate grants under this subsection. 

(4) APPLICATION REQUIREMENTS.—To be eligible for a grant 

under this subsection, a regional partnership shall submit to 

the Secretary a written application containing the following: 

(A) Recent evidence demonstrating that ømethamphetamine or other¿ substance abuse has had a substantial imVerDate Mar 15 2010 05:21 Sep 20, 2011 Jkt 099006 PO 00000 Frm 00042 Fmt 6659 Sfmt 6601 E:\HR\OC\HR210P1.XXX HR210P1

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43 

pact on the number of out-of-home placements for children, 

or the number of children who are at risk of being placed 

in an out-of-home placement, in the partnership region. 

* * * * * * * 

(6) MATCHING REQUIREMENT.— (A) FEDERAL SHARE.—A grant awarded under this subsection shall be available to pay a percentage share of the 

costs of services provided or activities conducted under 

such grant, not to exceed— 

(i) * * * 

(ii) 80 percent for the third and fourth such fiscal 

years; øand¿ 

(iii) 75 percent for the fifth such fiscal yearø.¿; 

(iv) 70 percent for the sixth such fiscal year; and 

(v) 65 percent for the seventh such fiscal year. 

* * * * * * * 

(7) CONSIDERATIONS IN AWARDING GRANTS.—In awarding 

grants under this subsection, the Secretary øshall— 

ø(A) take¿ shall take into consideration the extent to 

which applicant regional partnerships— 

ø(i)¿ (A) demonstrate that ømethamphetamine or other¿ 

substance abuse by parents or caretakers has had a substantial impact on the number of out-of-home placements 

for children, or the number of children who are at risk of 

being placed in an out-of-home placement, in the partnership region; 

ø(ii)¿ (B) have limited resources for addressing the needs 

of children affected by such abuse; 

ø(iii)¿ (C) have a lack of capacity for, or access to, comprehensive family treatment services; and 

ø(iv)¿ (D) demonstrate a plan for sustaining the services 

provided by or activities funded under the grant after the 

conclusion of the grant periodø; and¿. 

ø(B) after taking such factors into consideration, give 

greater weight to awarding grants to regional partnerships 

that propose to address methamphetamine abuse and addiction in the partnership region (alone or in combination 

with other drug abuse and addiction) and which demonstrate that methamphetamine abuse and addiction 

(alone or in combination with other drug abuse and addiction) is adversely affecting child welfare in the partnership 

region.¿ 

* * * * * * * 

(9) REPORTS.— 

(A) * * * 

(B) REPORTS TO CONGRESS.—On the basis of the reports 

submitted under subparagraph (A), the Secretary annually 

shall submit to the Committee on Ways and Means of the 

House of Representatives and the Committee on Finance 

of the Senate a report on— 

(i) * * * 

* * * * * * * 


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(iii) the progress that has been made in addressing 

the needs of families with ømethamphetamine or 

other¿ substance abuse problems who come to the attention of the child welfare system and in achieving 

the goals of child safety, permanence, and family stability. 

(10) LIMITATION ON USE OF FUNDS FOR ADMINISTRATIVE EXPENSES OF THE SECRETARY.—Not more than 5 percent of the 

amounts appropriated or reserved for awarding grants under 

this subsection for each of fiscal years 2012 through 2016 may 

be used by the Secretary for salaries and Department of Health 

and Human Services administrative expenses in administering 

this subsection. 

SEC. 438. ENTITLEMENT FUNDING FOR STATE COURTS TO ASSESS 

AND IMPROVE HANDLING OF PROCEEDINGS RELATING 

TO FOSTER CARE AND ADOPTION. 

(a) IN GENERAL.—The Secretary shall make grants, in accordance 

with this section, to the highest State courts in States participating 

in the program under part E, for the purpose of enabling such 

courts— 

(1) * * * 

(2) to implement improvements the highest state courts 

deem necessary as a result of the assessments, including— 

(A) to provide for the safety, well-being, and permanence 

of children in foster care, as set forth in the Adoption and 

Safe Families Act of 1997 (Public Law 105–89)ø; and¿, including the requirements in the Act related to concurrent 

planning; 

(B) to implement a corrective action plan, as necessary, 

resulting from reviews of child and family service programs under section 1123A of this Act; and 

(C) to increase and improve engagement of the entire 

family in court processes relating to child welfare, family 

preservation, family reunification, and adoption; 

* * * * * * * 

(4)(A) to provide for the training of judges, attorneys and 

other legal personnel in child welfare casesø.¿; and 

(B) to increase and improve engagement of the entire family 

in court processes relating to child welfare, family preservation, 

family reunification, and adoption. 

(b) APPLICATIONS.— (1) * * * 

ø(2) SEPARATE APPLICATIONS.—A highest State court desiring 

grants under this section for 2 or more purposes shall submit 

separate applications for the following grants: 

ø(A) A grant for the purposes described in paragraphs 

(1) and (2) of subsection (a). 

ø(B) A grant for the purpose described in subsection 

(a)(3). 

ø(C) A grant for the purpose described in subsection 

(a)(4).¿ 

(2) SINGLE GRANT APPLICATION.—Pursuant to the requirements under paragraph (1) of this subsection, a highest State 

court desiring a grant under this section shall submit a single 


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45 

application to the Secretary that specifies whether the application is for a grant for— 

(A) the purposes described in paragraphs (1) and (2) of 

subsection (a); 

(B) the purpose described in subsection (a)(3); 

(C) the purpose described in subsection (a)(4); or 

(D) the purposes referred to in 2 or more (specifically 

identified) of subparagraphs (A), (B), and (C) of this paragraph. 

ø(c) ALLOTMENTS.— ø(1) GRANTS TO ASSESS AND IMPROVE HANDLING OF COURT

PROCEEDINGS RELATING TO FOSTER CARE AND ADOPTION.— ø(A) IN GENERAL.—Each highest State court which has 

an application approved under subsection (b) of this section for a grant described in subsection (b)(2)(A) of this 

section, and is conducting assessment and improvement 

activities in accordance with this section, shall be entitled 

to payment, for each of fiscal years 2002 through 2011, 

from the amount reserved pursuant to section 436(b)(2) 

(and the amount, if any, reserved pursuant to section 

437(b)(2)), of an amount equal to the sum of $85,000 plus 

the amount described in subparagraph (B) of this paragraph for the fiscal year. 

ø(B) FORMULA.—The amount described in this subparagraph for any fiscal year is the amount that bears the 

same ratio to the amount reserved pursuant to section 

436(b)(2) (and the amount, if any, reserved pursuant to 

section 437(b)(2)) for the fiscal year (reduced by the dollar 

amount specified in subparagraph (A) of this paragraph for 

the fiscal year) as the number of individuals in the State 

who have not attained 21 years of age bears to the total 

number of such individuals in all States the highest State 

courts of which have approved applications under subsection (b) for such a grant. 

ø(2) GRANTS FOR IMPROVED DATA COLLECTION AND TRAIN- ING.— ø(A) IN GENERAL.—Each highest State court which has 

an application approved under subsection (b) of this section for a grant referred to in subparagraph (B) or (C) of 

subsection (b)(2) shall be entitled to payment, for each of 

fiscal years 2006 through 2011, from the amount made 

available under whichever of paragraph (1) or (2) of subsection (e) applies with respect to the grant, of an amount 

equal to the sum of $85,000 plus the amount described in 

subparagraph (B) of this paragraph for the fiscal year with 

respect to the grant. 

ø(B) FORMULA.—The amount described in this subparagraph for any fiscal year with respect to a grant referred 

to in subparagraph (B) or (C) of subsection (b)(2) is the 

amount that bears the same ratio to the amount made 

available under subsection (e) for such a grant (reduced by 

the dollar amount specified in subparagraph (A) of this 

paragraph) as the number of individuals in the State who 

have not attained 21 years of age bears to the total number of such individuals in all States the highest State 


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courts of which have approved applications under subsection (b) for such a grant.¿ 

(c) AMOUNT OF GRANT.— 

(1) IN GENERAL.—With respect to each of subparagraphs (A), 

(B), and (C) of subsection (b)(2) that refers to 1 or more grant 

purposes for which an application of a highest State court is 

approved under this section, the court shall be entitled to payment, for each of fiscal years 2012 through 2016, from the 

amount allocated under paragraph (3) of this subsection for 

grants for the purpose or purposes, of an amount equal to 

$85,000 plus the amount described in paragraph (2) of this subsection with respect to the purpose or purposes. 

(2) AMOUNT DESCRIBED.—The amount described in this paragraph for any fiscal year with respect to the purpose or purposes 

referred to in a subparagraph of subsection (b)(2) is the amount 

that bears the same ratio to the total of the amounts allocated 

under paragraph (3) of this subsection for grants for the purpose or purposes as the number of individuals in the State who 

have not attained 21 years of age bears to the total number of 

such individuals in all States the highest State courts of which 

have approved applications under this section for grants for the 

purpose or purposes. 

(3) ALLOCATION OF FUNDS.— 

(A) MANDATORY FUNDS.—Of the amounts reserved under 

section 436(b)(2) for any fiscal year, the Secretary shall allocate— 

(i) $9,000,000 for grants for the purposes described 

in paragraphs (1) and (2) of subsection (a); 

(ii) $10,000,000 for grants for the purpose described 

in subsection (a)(3); 

(iii) $10,000,000 for grants for the purpose described 

in subsection (a)(4); and 

(iv) $1,000,000 for grants to be awarded on a competitive basis among the highest courts of Indian tribes 

or tribal consortia that— 

(I) are operating a program under part E, in accordance with section 479B; 

(II) are seeking to operate a program under part 

E and have received an implementation grant 

under section 476; or 

(III) has a court responsible for proceedings related to foster care or adoption. 

(B) DISCRETIONARY FUNDS.—The Secretary shall allocate 

all of the amounts reserved under section 437(b)(2) for 

grants for the purposes described in paragraphs (1) and (2) 

of subsection (a). 

(d) FEDERAL SHARE.—Each highest State court which receives 

funds paid under this section may use such funds to pay not more 

than 75 percent of the cost of activities under this section in each 

of fiscal years ø2002 through 2011¿ 2012 through 2016. 

* * * * * * * 


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Subpart 3—Common Provisions 

SEC. 440. DATA STANDARDIZATION FOR IMPROVED DATA MATCHING. 

(a) STANDARD DATA ELEMENTS.— 

(1) DESIGNATION.—The Secretary, in consultation with an 

interagency work group established by the Office of Management and Budget, and considering State perspectives, shall, by 

rule, designate standard data elements for any category of information required to be reported under this part. 

(2) DATA ELEMENTS MUST BE NONPROPRIETARY AND INTEROPERABLE.—The standard data elements designated under 

paragraph (1) shall, to the extent practicable, be nonproprietary 

and interoperable. 

(3) OTHER REQUIREMENTS.—In designating standard data 

elements under this subsection, the Secretary shall, to the extent 

practicable, incorporate— 

(A) interoperable standards developed and maintained by 

an international voluntary consensus standards body, as 

defined by the Office of Management and Budget, such as 

the International Organization for Standardization; 

(B) interoperable standards developed and maintained by 

intergovernmental partnerships, such as the National Information Exchange Model; and 

(C) interoperable standards developed and maintained by 

Federal entities with authority over contracting and financial assistance, such as the Federal Acquisition Regulatory 

Council. 

(b) DATA STANDARDS FOR REPORTING.— 

(1) DESIGNATION.—The Secretary, in consultation with an 

interagency work group established by the Office of Management and Budget, and considering State government perspectives, shall, by rule, designate data reporting standards to govern the reporting required under this part. 

(2) REQUIREMENTS.—The data reporting standards required 

by paragraph (1) shall, to the extent practicable— 

(A) incorporate a widely-accepted, non-proprietary, 

searchable, computer-readable format; 

(B) be consistent with and implement applicable accounting principles; and 

(C) be capable of being continually upgraded as necessary. 

(3) INCORPORATION OF NONPROPRIETARY STANDARDS.—In designating reporting standards under this subsection, the Secretary shall, to the extent practicable, incorporate existing nonproprietary standards, such as the eXtensible Business Reporting Language. 

* * * * * * * 

PART E—FEDERAL PAYMENTS FOR FOSTER CARE AND ADOPTION

ASSISTANCE

* * * * * * * 


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48 

ADOPTION AND GUARDIANSHIP ASSISTANCE PROGRAM

SEC. 473. (a)(1) * * * 

* * * * * * * 

(8) A State shall spend an amount equal to the amount of savings (if any) in State expenditures under this part resulting from 

the application of paragraph (2)(A)(ii) to all applicable children for 

a fiscal year to provide to children or families any service (including post-adoption services) that may be provided under this part or 

part B, and shall document how such amounts are spent, including 

on post-adoption services. 

* * * * * * * 

DEFINITIONS

SEC. 475. As used in this part or part B of this title: 

(1) The term ‘‘case plan’’ means a written document which 

includes at least the following: 

(A) * * * 

* * * * * * * 

(G) A plan for ensuring the educational stability of the 

child while in foster care, including— 

(i) assurances that øthe placement¿ each placement 

of the child in foster care takes into account the appropriateness of the current educational setting and the 

proximity to the school in which the child is enrolled 

at the time of placement; and 

(ii)(I) an assurance that the State agency has coordinated with appropriate local educational agencies (as 

defined under section 9101 of the Elementary and Secondary Education Act of 1965) to ensure that the child 

remains in the school in which the child is enrolled at 

the time of each placement; or 

* * * * * * * 

(5) The term ‘‘case review system’’ means a procedure for assuring that— 

(A) * * * 

* * * * * * * 

(G) the foster parents (if any) of a child and any 

preadoptive parent or relative providing care for the child 

are provided with notice of, and a right to be heard in, any 

proceeding to be held with respect to the child, except that 

this subparagraph shall not be construed to require that 

any foster parent, preadoptive parent, or relative providing 

care for the child be made a party to such a proceeding 

solely on the basis of such notice and right to be heard; 

øand¿ 

(H) during the 90-day period immediately prior to the 

date on which the child will attain 18 years of age, or such 

greater age as the State may elect under paragraph 

(8)(B)(iii), whether during that period foster care maintenance payments are being made on the child’s behalf or 

the child is receiving benefits or services under section 

477, a caseworker on the staff of the State agency, and, as 


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appropriate, other representatives of the child provide the 

child with assistance and support in developing a transition plan that is personalized at the direction of the child, 

includes specific options on housing, health insurance, education, local opportunities for mentors and continuing support services, and work force supports and employment 

services, and is as detailed as the child may electø.¿; and 

(I) each child in foster care under the responsibility of the 

State who has attained 16 years of age receives without cost 

a copy of any consumer report (as defined in section 603(d) 

of the Fair Credit Reporting Act) pertaining to the child 

each year until the child is discharged from care, and receives assistance (including, when feasible, from any courtappointed advocate for the child) in interpreting and resolving any inaccuracies in the report. 

* * * * * * * 

SEC. 479A. ANNUAL REPORT. 

The Secretary, in consultation with Governors, State legislatures, 

State and local public officials responsible for administering child 

welfare programs, and child welfare advocates, shall— 

(1) * * * 

* * * * * * * 

(6) include in the report submitted pursuant to paragraph (5) 

for fiscal year 2007 or any succeeding fiscal year, State-byState data on— 

(A) the percentage of children in foster care under the 

responsibility of the State who were visited on a monthly 

basis by the caseworker handling the case of the child; 

øand¿ 

(B) the total number of visits made by caseworkers on a 

monthly basis to children in foster care under the responsibility of the State during a fiscal year as a percentage of 

the total number of the visits that would occur during the 

fiscal year if each child were so visited once every month 

while in such care; and 

ø(B)¿ (C) the percentage of the visits that occurred in 

the residence of the child. 

* * * * * * * 

TITLE XI—GENERAL PROVISIONS, PEER REVIEW, AND 

ADMINISTRATIVE SIMPLIFICATION 

PART A—GENERAL PROVISIONS

* * * * * * * 

DEMONSTRATION PROJECTS

SEC. 1130. (a) AUTHORITY TO APPROVE DEMONSTRATION

PROJECTS.— 

(1) * * * 

ø(2) LIMITATION.—The Secretary may authorize not more 

than 10 demonstration projects under paragraph (1) in each of 

fiscal years 1998 through 2003. 


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ø(3) CERTAIN TYPES OF PROPOSALS REQUIRED TO BE CONSIDERED.— 

ø(A) If an appropriate application therefor is submitted, 

the Secretary shall consider authorizing a demonstration 

project which is designed to identify and address barriers 

that result in delays to adoptive placements for children in 

foster care. 

ø(B) If an appropriate application therefor is submitted, 

the Secretary shall consider authorizing a demonstration 

project which is designed to identify and address parental 

substance abuse problems that endanger children and result in the placement of children in foster care, including 

through the placement of children with their parents in 

residential treatment facilities (including residential treatment facilities for post-partum depression) that are specifically designed to serve parents and children together in 

order to promote family reunification and that can ensure 

the health and safety of the children in such placements. 

ø(C) If an appropriate application therefor is submitted, 

the Secretary shall consider authorizing a demonstration 

project which is designed to address kinship care.¿ 

(2) LIMITATION.—During fiscal years 2012 through 2014, the 

Secretary may authorize demonstration projects described in 

paragraph (1), with not more than 10 demonstration projects to 

be authorized in each fiscal year. 

(3) CONDITIONS FOR STATE ELIGIBILITY.—For purposes of a 

new demonstration project under this section that is initially 

approved in any of fiscal years 2012 through 2014, a State 

shall be authorized to conduct such demonstration project only 

if the State satisfies the following conditions: 

(A) IDENTIFY 1 OR MORE GOALS.— 

(i) IN GENERAL.—The State shall demonstrate that 

the demonstration project is designed to accomplish 1 

or more of the following goals: 

(I) Increase permanency for all infants, children, 

and youth by reducing the time in foster placements when possible and promoting a successful 

transition to adulthood for older youth. 

(II) Increase positive outcomes for infants, children, youth, and families in their homes and communities, including tribal communities, and improve the safety and well-being of infants, children, and youth. 

(III) Prevent child abuse and neglect and the reentry of infants, children, and youth into foster 

care. 

(ii) LONG-TERM THERAPEUTIC FAMILY TREATMENT

CENTERS; ADDRESSING DOMESTIC VIOLENCE.—With respect to a demonstration project that is designed to accomplish 1 or more of the goals described in clause (i), 

the State may elect to establish a program— 

(I) to permit foster care maintenance payments 

to be made under part E of title IV to a long-term 

therapeutic family treatment center (as described 


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in paragraph (8)(B)) on behalf of a child residing 

in the center; or 

(II) to identify and address domestic violence 

that endangers children and results in the placement of children in foster care. 

(B) DEMONSTRATE READINESS.—The State shall demonstrate through a narrative description the State’s capacity to effectively use the authority to conduct a demonstration project under this section by identifying changes the 

State has made or plans to make in policies, procedures, or 

other elements of the State’s child welfare program that 

will enable the State to successfully achieve the goal or 

goals of the project. 

(C) DEMONSTRATE IMPLEMENTED OR PLANNED CHILD

WELFARE PROGRAM IMPROVEMENT POLICIES.— (i) IN GENERAL.—The State shall demonstrate that 

the State has implemented, or plans to implement 

within 3 years of the date on which the State submits 

its application to conduct the demonstration project or 

2 years after the date on which the Secretary approves 

such demonstration project (whichever is later), at least 

2 of the child welfare program improvement policies 

described in paragraph (7). 

(ii) PREVIOUS IMPLEMENTATION.—For purposes of the 

requirement described in clause (i), at least 1 of the 

child welfare program improvement policies to be implemented by the State shall be a policy that the State 

has not previously implemented as of the date on 

which the State submits an application to conduct the 

demonstration project. 

(iii) IMPLEMENTATION REVIEW.—The Secretary may 

terminate the authority of a State to conduct a demonstration project under this section if, after the 3-year 

period following approval of the demonstration project, 

the State has not made significant progress in implementing the child welfare program improvement policies proposed by the State under clause (i). 

* * * * * * * 

(5) REQUIREMENT TO CONSIDER EFFECT OF PROJECT ON TERMS

AND CONDITIONS OF CERTAIN COURT ORDERS.—In considering 

an application to conduct a demonstration project under this 

section that has been submitted by a State in which there is 

in effect a court order determining that the State’s child welfare program has failed to comply with the provisions of part 

B or E of title IV, or with the Constitution of the United 

States, the Secretary shall take into consideration the effect of 

approving the proposed project on the terms and conditions of 

the court order related to the failure to comply and the ability 

of the State to implement a corrective action plan approved 

under section 1123A. (6) INAPPLICABILITY OF RANDOM ASSIGNMENT FOR CONTROL

GROUPS AS A FACTOR FOR APPROVAL OF DEMONSTRATION

PROJECTS.—For purposes of evaluating an application to conduct a demonstration project under this section, the Secretary 

shall not take into consideration whether such project requires 


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52 

random assignment of children and families to groups served 

under the project and to control groups. 

(7) CHILD WELFARE PROGRAM IMPROVEMENT POLICIES.—For 

purposes of paragraph (3)(C), the child welfare program improvement policies described in this paragraph are the following: 

(A) The establishment of a bill of rights for infants, children, and youth in foster care that is widely shared and 

clearly outlines protections for infants, children, and youth, 

such as assuring frequent visits with parents, siblings, and 

caseworkers, access to attorneys, and participation in ageappropriate extracurricular activities, and procedures for 

ensuring the protections are provided. 

(B) The development and implementation of a plan for 

meeting the health and mental health needs of infants, 

children, and youth in foster care that includes ensuring 

that the provision of health and mental health care is 

child-specific, comprehensive, appropriate, and consistent 

(through means such as ensuring the infant, child, or youth 

has a medical home, regular wellness medical visits, and 

addressing the issue of trauma, when appropriate). 

(C) The inclusion in the State plan under section 471 of 

an amendment implementing the option under subsection 

(a)(28) of that section to enter into kinship guardianship 

assistance agreements. 

(D) The election under the State plan under section 471 

to define a ‘‘child’’ for purposes of the provision of foster 

care maintenance payments, adoption assistance payments, 

and kinship guardianship assistance payments, so as to include individuals described in each of subclauses (I), (II), 

and (III) of section 475(8)(B)(i) who have not attained age 

21. 

(E) The development and implementation of a plan that 

ensures congregate care is used appropriately and reduces 

the placement of children and youth in such care. 

(F) Of those infants, children, and youth in out-of-home 

placements, substantially increasing the number of cases of 

siblings who are in the same foster care, kinship guardianship, or adoptive placement, above the number of such 

cases in fiscal year 2008. 

(G) The development and implementation of a plan to 

improve the recruitment and retention of high quality foster 

family homes trained to help assist infants, children, and 

youth swiftly secure permanent families. Supports for foster 

families under such a plan may include increasing maintenance payments to more adequately meet the needs of infants, children, and youth in foster care and expanding 

training, respite care, and other support services for foster 

parents. 

(H) The establishment of procedures designed to assist 

youth as they prepare for their transition out of foster care, 

such as arranging for participation in age-appropriate 

extra-curricular activities, providing appropriate access to 

cell phones, computers, and opportunities to obtain a driver’s license, providing notification of all sibling placements 


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if siblings are in care and sibling location if siblings are 

out of care, and providing counseling and financial support 

for post-secondary education. 

(I) The inclusion in the State plan under section 471 of 

a description of State procedures for— 

(i) ensuring that youth in foster care who have attained age 16 are engaged in discussions, including 

during the development of the transition plans required 

under paragraphs (1)(D) and (5)(H) of section 475, that 

explore whether the youth wishes to reconnect with the 

youth’s biological family, including parents, grandparents, and siblings, and, if so, what skills and strategies the youth will need to successfully and safely reconnect with those family members; 

(ii) providing appropriate guidance and services to 

youth whom affirm an intent to reconnect with biological family members on how to successfully and safely 

manage such reconnections; and 

(iii) making, when appropriate, efforts to include biological family members in such reconnection efforts. 

(J) The establishment of one or more of the following programs designed to prevent infants, children, and youth 

from entering foster care or to provide permanency for infants, children, and youth in foster care: 

(i) An intensive family finding program. 

(ii) A kinship navigator program. 

(iii) A family counseling program, such as a family 

group decision-making program, and which may include in-home peer support for families. 

(iv) A comprehensive family-based substance abuse 

treatment program. 

(v) A program under which special efforts are made 

to identify and address domestic violence that endangers infants, children, and youth and puts them at risk 

of entering foster care. 

(vi) A mentoring program. 

(8) DEFINITIONS.—In this subsection— 

(A) the term ‘‘youth’’ means, with respect to a State, an 

individual who has attained age 12 but has not attained 

the age at which an individual is no longer considered to 

be a child under the State plans under parts B and E of 

title IV, and 

(B) the term ‘‘long-term therapeutic family treatment center’’ means a State licensed or certified program that enables parents and their children to live together in a safe 

environment for a period of not less than 6 months and 

provides, on-site or by referral, substance abuse treatment 

services, children’s early intervention services, family counseling, legal services, medical care, mental health services, 

nursery and preschool, parenting skills training, pediatric 

care, prenatal care, sexual abuse therapy, relapse prevention, transportation, and job or vocational training or 

classes leading to a secondary school diploma or a certificate of general equivalence. 

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ø(d) DURATION OF DEMONSTRATION.—A demonstration project 

under this section may be conducted for not more than 5 years, unless in the judgment of the Secretary, the demonstration project 

should be allowed to continue.¿ 

(d) DURATION OF DEMONSTRATION.— 

(1) IN GENERAL.—Subject to paragraph (2), a demonstration 

project under this section may be conducted for not more than 

5 years, unless in the judgment of the Secretary, the demonstration project should be allowed to continue. 

(2) TERMINATION OF AUTHORITY.—In no event shall a demonstration project under this section be conducted after September 30, 2019. 

(e) APPLICATION.—Any State seeking to conduct a demonstration 

project under this section shall submit to the Secretary an application, in such form as the Secretary may require, which includes— 

(1) a description of the proposed project, the geographic area 

in which the proposed project would be conducted, the children 

or families who would be served by the proposed project, and 

the services which would be provided by the proposed project 

ø(which shall provide, where appropriate, for random assignment of children and families to groups served under the 

project and to control groups)¿; 

* * * * * * * 

(6) a description of the proposed evaluation design; øand¿ 

(7) an accounting of any additional Federal, State, and local 

investments made, as well as any private investments made in 

coordination with the State, during the 2 fiscal years preceding 

the application to provide the services described in paragraph 

(1), and an assurance that the State will provide an accounting 

of that same spending for each year of an approved demonstration project; and 

ø(7)¿ (8) such additional information as the Secretary may 

require. 

ø(f) EVALUATIONS; REPORT.—Each State authorized to conduct a 

demonstration project under this section shall— 

ø(1) obtain an evaluation by an independent contractor of the 

effectiveness of the project, using an evaluation design approved by the Secretary which provides for— 

ø(A) comparison of methods of service delivery under the 

project, and such methods under a State plan or plans, 

with respect to efficiency, economy, and any other appropriate measures of program management; 

ø(B) comparison of outcomes for children and families 

(and groups of children and families) under the project, 

and such outcomes under a State plan or plans, for purposes of assessing the effectiveness of the project in achieving program goals; and 

ø(C) any other information that the Secretary may require; and 

ø(2) provide interim and final evaluation reports to the Secretary, at such times and in such manner as the Secretary may 

require.¿ 

(f) EVALUATIONS.—Each State authorized to conduct a demonstration project under this section shall obtain an evaluation by an 


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55 

independent contractor of the effectiveness of the project, using an 

evaluation design approved by the Secretary which provides for— 

(1) comparison of methods of service delivery under the 

project, and such methods under a State plan or plans, with respect to efficiency, economy, and any other appropriate measures of program management; 

(2) comparison of outcomes for children and families (and 

groups of children and families) under the project, and such 

outcomes under a State plan or plans, for purposes of assessing 

the effectiveness of the project in achieving program goals; and 

(3) any other information that the Secretary may require. 

(g) REPORTS.— 

(1) STATE REPORTS; PUBLIC AVAILABILITY.—Each State authorized to conduct a demonstration project under this section 

shall— 

(A) submit periodic reports to the Secretary on the specific programs, activities, and strategies used to improve 

outcomes for infants, children, youth, and families and the 

results achieved for infants, children, and youth during the 

conduct of the demonstration project, including with respect 

to those infants, children, and youth who are prevented 

from entering foster care, infants, children, and youth in 

foster care, and infants, children, and youth who move 

from foster care to permanent families; and 

(B) post a copy of each such report on the website for the 

State child welfare program concurrent with the submission of the report to the Secretary. 

(2) REPORTS TO CONGRESS.—The Secretary shall submit to 

the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate— 

(A) periodic reports based on the State reports submitted 

under paragraph (1); and 

(B) a report based on the results of the State evaluations 

required under subsection (f) that includes an analysis of 

the results of such evaluations and such recommendations 

for administrative or legislative changes as the Secretary 

determines appropriate. 

ø(g)¿ (h) COST NEUTRALITY.—The Secretary may not authorize a 

State to conduct a demonstration project under this section unless 

the Secretary determines that the total amount of Federal funds 

that will be expended under (or by reason of) the project over its 

approved term (or such portion thereof or other period as the Secretary may find appropriate) will not exceed the amount of such 

funds that would be expended by the State under the State plans 

approved under parts B and E of title IV if the project were not 

conducted. 

(i) INDIAN TRIBES OPERATING IV–E PROGRAMS CONSIDERED

STATES.—An Indian tribe, tribal organization, or tribal consortium 

that has elected to operate a program under part E of title IV in 

accordance with section 479B shall be considered a State for purposes of this section. 

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SAFE AND TIMELY INTERSTATE PLACEMENT OF 

FOSTER CHILDREN ACT OF 2006 

* * * * * * * 

SEC. 8. RIGHT TO BE HEARD IN FOSTER CARE PROCEEDINGS. 

(a) * * * 

(b) NOTICE OF PROCEEDING.—Section ø438(b) of such Act (42 

U.S.C. 638(b))¿ 438(b)(1) of such Act (42 U.S.C. 629h(b)(1)) is 

amended by inserting ‘‘shall have in effect a rule requiring State 

courts to ensure that foster parents, pre-adoptive parents, and relative caregivers of a child in foster care under the responsibility of 

the State are notified of any proceeding to be held with respect to 

the child, and’’ after ‘‘highest State court’’. 

* * * * * * * 

Æ 


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