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[House Report 112-210]
[From the U.S. Government Publishing Office]

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--
                  (A) by striking ``and'' at the end of paragraph (16);
                  (B) by striking the period at the end of paragraph 
                (17) and inserting ``; and''; and
                  (C) by adding at the end the following:
          ``(18) include a description of the activities that the State 
        has undertaken to reduce the length of time children who have 
        not attained 5 years of age are without a permanent family, and 
        the activities the State undertakes to address the 
        developmental needs of such children who receive benefits or 
        services under this part or part E.''.
          (4) Data sources for child death reporting.--Section 422(b) 
        of such Act (42 U.S.C. 622(b)), as amended by paragraph (3) of 
        this subsection, is amended--
                  (A) by striking ``and'' at the end of paragraph (17);
                  (B) by striking the period at the end of paragraph 
                (18) and inserting ``; and''; and
                  (C) by adding at the end the following:
          ``(19) contain a description of the sources used to compile 
        information on child maltreatment deaths required by Federal 
        law to be reported by the State agency referred to in paragraph 
        (1), and to the extent that the compilation does not include 
        information on such deaths from the State vital statistics 
        department, child death review teams, law enforcement agencies, 
        or offices of medical examiners or coroners, the State shall 
        describe why the information is not so included and how the 
        State will include the information.''.
  (c) Child Visitation by Caseworkers.--Section 424 of such Act (42 
U.S.C. 624) is amended by striking the 2nd subsection (e), as added by 
section 7(b) of the Child and Family Services Improvement Act of 2006, 
and inserting the following:
  ``(f)(1)(A) Each State shall take such steps as are necessary to 
ensure that the total number of visits made by caseworkers on a monthly 
basis to children in foster care under the responsibility of the State 
during a fiscal year is not less than 90 percent (or, in the case of 
fiscal year 2015 or thereafter, 95 percent) of the total number of such 
visits that would occur during the fiscal year if each such child were 
so visited once every month while in such care.
  ``(B) If the Secretary determines that a State has failed to comply 
with subparagraph (A) for a fiscal year, then the percentage that would 
otherwise apply for purposes of subsection (a) for the fiscal year 
shall be reduced by--
          ``(i) 1, if the number of full percentage points by which the 
        State fell short of the percentage specified in subparagraph 
        (A) is less than 10;
          ``(ii) 3, if the number of full percentage points by which 
        the State fell short, as described in clause (i), is not less 
        than 10 and less than 20; or
          ``(iii) 5, if the number of full percentage points by which 
        the State fell short, as described in clause (i), is not less 
        than 20.
  ``(2)(A) Each State shall take such steps as are necessary to ensure 
that not less than 50 percent of the total number of visits made by 
caseworkers to children in foster care under the responsibility of the 
State during a fiscal year occur in the residence of the child 
involved.
  ``(B) If the Secretary determines that a State has failed to comply 
with subparagraph (A) for a fiscal year, then the percentage that would 
otherwise apply for purposes of subsection (a) for the fiscal year 
shall be reduced by--
          ``(i) 1, if the number of full percentage points by which the 
        State fell short of the percentage specified in subparagraph 
        (A) is less than 10;
          ``(ii) 3, if the number of full percentage points by which 
        the State fell short, as described in clause (i), is not less 
        than 10 and less than 20; or
          ``(iii) 5, if the number of full percentage points by which 
        the State fell short, as described in clause (i), is not less 
        than 20.''.
  (d) Technical Correction.--Section 423(b) of such Act (42 U.S.C. 
623(b)) is amended by striking ``per centum'' each place it appears and 
inserting ``percent''.

SEC. 102. PROMOTING SAFE AND STABLE FAMILIES PROGRAM.

  (a) Extension of Funding Authorizations.--
          (1) In general.--Section 436(a) of the Social Security Act 
        (42 U.S.C. 629f(a)) is amended by striking all that follows 
        ``$345,000,000'' and inserting ``for each of fiscal years 2012 
        through 2016.''.
          (2) Discretionary grants.--Section 437(a) of such Act (42 
        U.S.C. 629g(a)) is amended by striking ``2007 through 2011'' 
        and inserting ``2012 through 2016''.
  (b) Targeting of Services to Populations at Greatest Risk of 
Maltreatment.--Section 432(a) of such Act (42 U.S.C. 629b(a)) is 
amended--
          (1) by striking ``and'' at the end of paragraph (8);
          (2) by striking the period at the end of paragraph (9) and 
        inserting ``; and''; and
          (3) by adding at the end the following:
          ``(10) describes how the State identifies which populations 
        are at the greatest risk of maltreatment and how services are 
        targeted to the populations.''.
  (c) Revised Purposes of Family Support Services and Time-limited 
Family Reunification Services.--
          (1) Family support services.--Section 431(a)(2) of such Act 
        (42 U.S.C. 629a(a)(2)) is amended to read as follows:
          ``(2) Family support services.--
                  ``(A) In general.--The term `family support services' 
                means community-based services designed to carry out 
                the purposes described in subparagraph (B).
                  ``(B) Purposes described.--The purposes described in 
                this subparagraph are the following:
                          ``(i) To promote the safety and well-being of 
                        children and families.
                          ``(ii) To increase the strength and stability 
                        of families (including adoptive, foster, and 
                        extended families).
                          ``(iii) To increase parents' confidence and 
                        competence in their parenting abilities.
                          ``(iv) To afford children a safe, stable, and 
                        supportive family environment.
                          ``(v) To strengthen parental relationships 
                        and promote healthy marriages.
                          ``(vi) To enhance child development, 
                        including through mentoring (as defined in 
                        section 439(b)(2)).''.
          (2) Time-limited family reunification services.--Section 
        431(a)(7)(B) of such Act (42 U.S.C. 629a(a)(7)(B)) is amended 
        by redesignating clause (vi) as clause (viii) and inserting 
        after clause (v) the following:
                          ``(vi) Peer-to-peer mentoring and support 
                        groups for parents and primary caregivers.
                          ``(vii) Services and activities designed to 
                        facilitate access to and visitation of children 
                        by parents and siblings.''.
  (d) Uniform Definitions of Indian Tribe and Tribal Organization.--
Section 431(a) of such Act (42 U.S.C. 629a(a)(5) and (6)) is amended by 
striking paragraphs (5) and (6) and inserting the following:
          ``(5) Indian tribe.--The term `Indian tribe' has the meaning 
        given the term in section 428(c).
          ``(6) Tribal organization.--The term `tribal organization' 
        has the meaning given the term in section 428(c).''.
  (e) Submission to Congress of State Summaries of Financial Data; 
Publication on HHS Website.--Section 432(c) of such Act (42 U.S.C. 
629b(c)) is amended--
          (1) by striking all that precedes ``shall'' and inserting the 
        following:
  ``(c) Annual Submission of State Reports to Congress.--
          ``(1) In general.--The Secretary''; and
          (2) by adding after and below the end the following:
          ``(2) Information to be included.--The compilation shall 
        include the individual State reports and tables that synthesize 
        State information into national totals for each element 
        required to be included in the reports, including planned and 
        actual spending by service category for the program authorized 
        under this subpart and planned spending by service category for 
        the program authorized under subpart 1.
          ``(3) Public accessibility.--Not later than September 30 of 
        each year, the Secretary shall publish the compilation on the 
        website of the Department of Health and Human Services in a 
        location easily accessible by the public.''.
  (f) GAO Report on Multiple Sources of Federal Spending and Family 
Access to Services.--Not later than 12 months after the date of 
enactment of this Act, the Comptroller General of the United States 
shall submit to Congress a report that--
          (1) identifies alternative sources of Federal funding that 
        are being employed by States or other entities for the same 
        purposes for which funding is provided under subpart 1 or 2 of 
        part B of title IV of the Social Security Act; and
          (2) assesses the needs of families eligible for services 
        under such program, including identification of underserved 
        communities and information regarding--
                  (A) the supports available for caseworkers to 
                appropriately investigate and safely manage their 
                caseloads;
                  (B) the length of the wait time for families to 
                receive substance abuse and other preventive services; 
                and
                  (C) the number of families on waiting lists for such 
                services and the effect of the delay on healthy, 
                successful reunification outcomes for such families.
  (g) Technical Corrections.--
          (1) Section 432(a)(8)(B) of the Social Security Act (42 
        U.S.C. 629b(a)(8)(B)) is amended in each of clauses (i) and 
        (ii) by striking ``forms CFS 101-Part I and CFS 101-Part II (or 
        any successor forms)'' and inserting ``form CFS-101 (including 
        all parts and any successor forms)''.
          (2) Section 433(c)(2) of the Social Security Act (42 U.S.C. 
        629c(c)(2)) is amended--
                  (A) in the paragraph heading, by striking ``Food 
                stamp'' and inserting ``Supplemental nutrition 
                assistance program benefits''; and
                  (B) by striking ``benefits benefits'' each place it 
                appears and inserting ``benefits''.

SEC. 103. GRANTS FOR TARGETED PURPOSES.

  (a) Extension of Funding Reservations for Monthly Caseworker Visits 
and Regional Partnership Grants.--Section 436(b) of the Social Security 
Act (42 U.S.C. 629f(b)) is amended--
          (1) in paragraph (4)(A), by striking ``433(e)'' and all that 
        follows and inserting ``433(e) $20,000,000 for each of fiscal 
        years 2012 through 2016.''; and
          (2) in paragraph (5), by striking ``437(f)'' and all that 
        follows and inserting ``437(f) $20,000,000 for each of fiscal 
        years 2012 through 2016.''.
  (b) Revision in Use of Monthly Caseworker Visits Grants.--Section 
436(b)(4)(B)(i) of such Act (42 U.S.C. 629f(b)(4)(B)) is amended--
          (1) by striking ``support'' and insert ``improve the quality 
        of''; and
          (2) by striking ``a primary emphasis'' and all that follows 
        and inserting ``an emphasis on improving caseworker decision 
        making on the safety, permanency, and well-being of foster 
        children and on activities designed to increase retention, 
        recruitment, and training of caseworkers.''; and
  (c) Reauthorization of Regional Partnership Grants to Assist Children 
Affected by Parental Substance Abuse.--
          (1) Extension of program.--Section 437(f)(3)(A) of such Act 
        (42 U.S.C. 629g(f)(3)(A)) is amended by striking ``2007 through 
        2011'' and inserting ``2012 through 2016''.
          (2) Revisions to program.--Section 437(f) of such Act (42 
        U.S.C. 629g(f)) is amended--
                  (A) in the subsection heading, by striking 
                ``Methamphetamine or Other'';
                  (B) in each of paragraphs (1), (4)(A), (7)(A)(i), and 
                (9)(B)(iii), by striking ``methamphetamine or other'';
                  (C) in paragraph (3), by striking subparagraph (B) 
                and inserting the following:
                  ``(B) Required minimum period of approval.--
                          ``(i) In general.--A grant shall be awarded 
                        under this subsection for a period of not less 
                        than 2, and not more than 5, fiscal years, 
                        subject to clause (ii).
                          ``(ii) Extension of grant.--On application of 
                        the grantee, the Secretary may extend for not 
                        more than 2 fiscal years the period for which a 
                        grant is awarded under this subsection.
                  ``(C) Multiple grants allowed.--This subsection shall 
                not be interpreted to prevent a grantee from applying 
                for, or being awarded, separate grants under this 
                subsection.'';
                  (D) in paragraph (6)(A)--
                          (i) by striking ``and'' at the end of clause 
                        (ii);
                          (ii) by striking the period at the end of 
                        clause (iii) and inserting a semicolon; and
                          (iii) by adding at the end the following:
                          ``(iv) 70 percent for the sixth such fiscal 
                        year; and
                          ``(v) 65 percent for the seventh such fiscal 
                        year.'';
                  (E) in paragraph (7)--
                          (i) by striking ``shall--'' and all that 
                        follows through ``(A) take'' and inserting 
                        ``shall take'';
                          (ii) in subparagraph (A)(iv), by striking ``; 
                        and'' and inserting a period;
                          (iii) by striking subparagraph (B); and
                          (iv) by redesignating clauses (i) through 
                        (iv) of subparagraph (A) as subparagraphs (A) 
                        through (D), respectively, and moving each of 
                        such provisions 2 ems to the left; and
                  (F) by adding at the end the following:
          ``(10) Limitation on use of funds for administrative expenses 
        of the secretary.--Not more than 5 percent of the amounts 
        appropriated or reserved for awarding grants under this 
        subsection for each of fiscal years 2012 through 2016 may be 
        used by the Secretary for salaries and Department of Health and 
        Human Services administrative expenses in administering this 
        subsection.''.
          (3) Evaluations.--Not later than December 31, 2012, and not 
        later than December 31, 2017, the Secretary of Health and Human 
        Services shall evaluate the effectiveness of the grants awarded 
        to regional partnerships under section 437(f) of the Social 
        Security Act (42 U.S.C. 629g(f)) and shall publish a report 
        regarding the results of each evaluation on the website of the 
        Department of Health and Human Services. Each report required 
        to be published under this subsection shall include--
                  (A) an evaluation of the programs and activities 
                conducted, and the services provided, with the grant 
                funds awarded under such section for fiscal years 2007 
                through 2011, in the case of the evaluation required by 
                December 31, 2012, and for fiscal years 2012 through 
                2016, in the case of the evaluation required by 
                December 31, 2017;
                  (B) an analysis of the regional partnerships awarded 
                such grants that have, and have not, been successful in 
                achieving the goals and outcomes specified in their 
                grant applications and with respect to the performance 
                indicators established by the Secretary under paragraph 
                (8) of such section that are applicable to their grant 
                awards; and
                  (C) an analysis of the extent to which such grants 
                have been successful in addressing the needs of 
                families with methamphetamine or other substance abuse 
                problems who come to the attention of the child welfare 
                system and in achieving the goals of child safety, 
                permanence, and family stability.

SEC. 104. COURT IMPROVEMENT PROGRAM.

  (a) Grant Purposes.--Section 438(a) of the Social Security Act (42 
U.S.C. 629h(a)) is amended--
          (1) in paragraph (2)--
                  (A) in subparagraph (A), by striking ``; and'' and 
                inserting ``, including the requirements in the Act 
                related to concurrent planning;'';
                  (B) in subparagraph (B), by adding ``and'' at the 
                end; and
                  (C) by adding at the end the following:
                  ``(C) to increase and improve engagement of the 
                entire family in court processes relating to child 
                welfare, family preservation, family reunification, and 
                adoption;''; and
          (2) in paragraph (4)--
                  (A) by inserting ``(A)'' after ``(4)'';
                  (B) by striking the period and inserting ``; and''; 
                and
                  (C) by adding after and below the end the following:
          ``(B) to increase and improve engagement of the entire family 
        in court processes relating to child welfare, family 
        preservation, family reunification, and adoption.''.
  (b) Single Grant Application.--Section 438(b)(2) of such Act (42 
U.S.C. 629h(b)(2)) is amended to read as follows:
          ``(2) Single grant application.--Pursuant to the requirements 
        under paragraph (1) of this subsection, a highest State court 
        desiring a grant under this section shall submit a single 
        application to the Secretary that specifies whether the 
        application is for a grant for--
                  ``(A) the purposes described in paragraphs (1) and 
                (2) of subsection (a);
                  ``(B) the purpose described in subsection (a)(3);
                  ``(C) the purpose described in subsection (a)(4); or
                  ``(D) the purposes referred to in 2 or more 
                (specifically identified) of subparagraphs (A), (B), 
                and (C) of this paragraph.''.
  (c) Amount of Grant.--Section 438(c) of such Act (42 U.S.C. 629h(c)) 
is amended to read as follows:
  ``(c) Amount of Grant.--
          ``(1) In general.--With respect to each of subparagraphs (A), 
        (B), and (C) of subsection (b)(2) that refers to 1 or more 
        grant purposes for which an application of a highest State 
        court is approved under this section, the court shall be 
        entitled to payment, for each of fiscal years 2012 through 
        2016, from the amount allocated under paragraph (3) of this 
        subsection for grants for the purpose or purposes, of an amount 
        equal to $85,000 plus the amount described in paragraph (2) of 
        this subsection with respect to the purpose or purposes.
          ``(2) Amount described.--The amount described in this 
        paragraph for any fiscal year with respect to the purpose or 
        purposes referred to in a subparagraph of subsection (b)(2) is 
        the amount that bears the same ratio to the total of the 
        amounts allocated under paragraph (3) of this subsection for 
        grants for the purpose or purposes as the number of individuals 
        in the State who have not attained 21 years of age bears to the 
        total number of such individuals in all States the highest 
        State courts of which have approved applications under this 
        section for grants for the purpose or purposes.
          ``(3) Allocation of funds.--
                  ``(A) Mandatory funds.--Of the amounts reserved under 
                section 436(b)(2) for any fiscal year, the Secretary 
                shall allocate--
                          ``(i) $9,000,000 for grants for the purposes 
                        described in paragraphs (1) and (2) of 
                        subsection (a);
                          ``(ii) $10,000,000 for grants for the purpose 
                        described in subsection (a)(3);
                          ``(iii) $10,000,000 for grants for the 
                        purpose described in subsection (a)(4); and
                          ``(iv) $1,000,000 for grants to be awarded on 
                        a competitive basis among the highest courts of 
                        Indian tribes or tribal consortia that--
                                  ``(I) are operating a program under 
                                part E, in accordance with section 
                                479B;
                                  ``(II) are seeking to operate a 
                                program under part E and have received 
                                an implementation grant under section 
                                476; or
                                  ``(III) has a court responsible for 
                                proceedings related to foster care or 
                                adoption.
                  ``(B) Discretionary funds.--The Secretary shall 
                allocate all of the amounts reserved under section 
                437(b)(2) for grants for the purposes described in 
                paragraphs (1) and (2) of subsection (a).''.
  (d) Extension of Federal Share.--Section 438(d) of such Act (42 
U.S.C. 629h(d)) is amended by striking ``2002 through 2011'' and 
inserting ``2012 through 2016''.
  (e) Technical Correction.--Effective as if included in the enactment 
of the Safe and Timely Interstate Placement of Foster Children Act of 
2006, section 8(b) of such Act (120 Stat. 513) is amended by striking 
``438(b) of such Act (42 U.S.C. 638(b))'' inserting ``438(b)(1) of such 
Act (42 U.S.C. 629h(b)(1))''.

SEC. 105. DATA STANDARDIZATION FOR IMPROVED DATA MATCHING.

  (a) In General.--Part B of title IV of the Social Security Act (42 
U.S.C. 621-629i) is amended by adding at the end the following:

                     ``Subpart 3--Common Provisions

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

  ``(a) Standard Data Elements.--
          ``(1) Designation.--The Secretary, in consultation with an 
        interagency work group established by the Office of Management 
        and Budget, and considering State perspectives, shall, by rule, 
        designate standard data elements for any category of 
        information required to be reported under this part.
          ``(2) Data elements must be nonproprietary and 
        interoperable.--The standard data elements designated under 
        paragraph (1) shall, to the extent practicable, be 
        nonproprietary and interoperable.
          ``(3) Other requirements.--In designating standard data 
        elements under this subsection, the Secretary shall, to the 
        extent practicable, incorporate--
                  ``(A) interoperable standards developed and 
                maintained by an international voluntary consensus 
                standards body, as defined by the Office of Management 
                and Budget, such as the International Organization for 
                Standardization;
                  ``(B) interoperable standards developed and 
                maintained by intergovernmental partnerships, such as 
                the National Information Exchange Model; and
                  ``(C) interoperable standards developed and 
                maintained by Federal entities with authority over 
                contracting and financial assistance, such as the 
                Federal Acquisition Regulatory Council.
  ``(b) Data Standards for Reporting.--
          ``(1) Designation.--The Secretary, in consultation with an 
        interagency work group established by the Office of Management 
        and Budget, and considering State government perspectives, 
        shall, by rule, designate data reporting standards to govern 
        the reporting required under this part.
          ``(2) Requirements.--The data reporting standards required by 
        paragraph (1) shall, to the extent practicable--
                  ``(A) incorporate a widely-accepted, non-proprietary, 
                searchable, computer-readable format;
                  ``(B) be consistent with and implement applicable 
                accounting principles; and
                  ``(C) be capable of being continually upgraded as 
                necessary.
          ``(3) Incorporation of nonproprietary standards.--In 
        designating reporting standards under this subsection, the 
        Secretary shall, to the extent practicable, incorporate 
        existing nonproprietary standards, such as the eXtensible 
        Business Reporting Language.''.
  (b) Effective Date.--The amendment made by subsection (a) shall take 
effect on October 1, 2012, and shall apply with respect to information 
required to be reported on or after such date.

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

  (a) Educational Stability for Each Foster Placement.--Section 
475(1)(G) of the Social Security Act (42 U.S.C. 675(1)(G)) is amended--
          (1) in clause (i), by striking ``the placement'' and 
        inserting ``each placement''; and
          (2) in clause (ii)(I), by inserting ``each'' before 
        ``placement''.
  (b) Foster Youth ID Theft.--Section 475(5) of such Act (42 U.S.C. 
675(5)) is amended--
          (1) by striking ``and'' at the end of subparagraph (G);
          (2) by striking the period at the end of subparagraph (H) and 
        inserting ``; and''; and
          (3) by adding at the end the following:
                  ``(I) each child in foster care under the 
                responsibility of the State who has attained 16 years 
                of age receives without cost a copy of any consumer 
                report (as defined in section 603(d) of the Fair Credit 
                Reporting Act) pertaining to the child each year until 
                the child is discharged from care, and receives 
                assistance (including, when feasible, from any court-
                appointed advocate for the child) in interpreting and 
                resolving any inaccuracies in the report.''.
  (c) Description of Adoption Spending.--Section 473(a)(8) of such Act 
(42 U.S.C. 673(a)(8)) is amended by inserting ``, and shall document 
how such amounts are spent, including on post-adoption services'' 
before the period.
  (d) Inclusion in Annual Report of Additional Information on Child 
Visitation by Caseworkers.--Section 479A(6) of such Act (42 U.S.C. 
679b(6)) is amended--
          (1) by striking ``and'' at the end of subparagraph (A); and
          (2) by redesignating subparagraph (B) as subparagraph (C) and 
        inserting after subparagraph (A) the following:
                  ``(B) the total number of visits made by caseworkers 
                on a monthly basis to children in foster care under the 
                responsibility of the State during a fiscal year as a 
                percentage of the total number of the visits that would 
                occur during the fiscal year if each child were so 
                visited once every month while in such care; and''.

SEC. 107. EFFECTIVE DATE.

  (a) In General.--Except as otherwise provided in this title, this 
title and the amendments made by this title shall take effect on 
October 1, 2011, and shall apply to payments under parts B and E of 
title IV of the Social Security Act for calendar quarters beginning on 
or after such date, without regard to whether regulations to implement 
the amendments are promulgated by such date.
  (b) Delay Permitted if State Legislation Required.--If the Secretary 
of Health and Human Services determines that State legislation (other 
than legislation appropriating funds) is required in order for a State 
plan developed pursuant to subpart 1 of part B, or a State plan 
approved under subpart 2 of part B or part E, of title IV of the Social 
Security Act to meet the additional requirements imposed by the 
amendments made by this title, the plan shall not be regarded as 
failing to meet any of the additional requirements before the 1st day 
of the 1st calendar quarter beginning after the first regular session 
of the State legislature that begins after the date of the enactment of 
this Act. If the State has a 2-year legislative session, each year of 
the session is deemed to be a separate regular session of the State 
legislature.

             TITLE II--CHILD WELFARE DEMONSTRATION PROJECTS

SEC. 201. RENEWAL OF AUTHORITY TO APPROVE DEMONSTRATION PROJECTS 
                    DESIGNED TO TEST INNOVATIVE STRATEGIES IN STATE 
                    CHILD WELFARE PROGRAMS.

  Section 1130 of the Social Security Act (42 U.S.C. 1320a-9) is 
amended--
          (1) in subsection (a)--
                  (A) by amending paragraph (2) to read as follows:
          ``(2) Limitation.--During fiscal years 2012 through 2014, the 
        Secretary may authorize demonstration projects described in 
        paragraph (1), with not more than 10 demonstration projects to 
        be authorized in each fiscal year.''.
                  (B) by striking paragraph (3) and inserting the 
                following:
          ``(3) Conditions for state eligibility.--For purposes of a 
        new demonstration project under this section that is initially 
        approved in any of fiscal years 2012 through 2014, a State 
        shall be authorized to conduct such demonstration project only 
        if the State satisfies the following conditions:
                  ``(A) Identify 1 or more goals.--
                          ``(i) In general.--The State shall 
                        demonstrate that the demonstration project is 
                        designed to accomplish 1 or more of the 
                        following goals:
                                  ``(I) Increase permanency for all 
                                infants, children, and youth by 
                                reducing the time in foster placements 
                                when possible and promoting a 
                                successful transition to adulthood for 
                                older youth.
                                  ``(II) Increase positive outcomes for 
                                infants, children, youth, and families 
                                in their homes and communities, 
                                including tribal communities, and 
                                improve the safety and well-being of 
                                infants, children, and youth.
                                  ``(III) Prevent child abuse and 
                                neglect and the re-entry of infants, 
                                children, and youth into foster care.
                          ``(ii) Long-term therapeutic family treatment 
                        centers; addressing domestic violence.--With 
                        respect to a demonstration project that is 
                        designed to accomplish 1 or more of the goals 
                        described in clause (i), the State may elect to 
                        establish a program--
                                  ``(I) to permit foster care 
                                maintenance payments to be made under 
                                part E of title IV to a long-term 
                                therapeutic family treatment center (as 
                                described in paragraph (8)(B)) on 
                                behalf of a child residing in the 
                                center; or
                                  ``(II) to identify and address 
                                domestic violence that endangers 
                                children and results in the placement 
                                of children in foster care.
                  ``(B) Demonstrate readiness.--The State shall 
                demonstrate through a narrative description the State's 
                capacity to effectively use the authority to conduct a 
                demonstration project under this section by identifying 
                changes the State has made or plans to make in 
                policies, procedures, or other elements of the State's 
                child welfare program that will enable the State to 
                successfully achieve the goal or goals of the project.
                  ``(C) Demonstrate implemented or planned child 
                welfare program improvement policies.--
                          ``(i) In general.--The State shall 
                        demonstrate that the State has implemented, or 
                        plans to implement within 3 years of the date 
                        on which the State submits its application to 
                        conduct the demonstration project or 2 years 
                        after the date on which the Secretary approves 
                        such demonstration project (whichever is 
                        later), at least 2 of the child welfare program 
                        improvement policies described in paragraph 
                        (7).
                          ``(ii) Previous implementation.--For purposes 
                        of the requirement described in clause (i), at 
                        least 1 of the child welfare program 
                        improvement policies to be implemented by the 
                        State shall be a policy that the State has not 
                        previously implemented as of the date on which 
                        the State submits an application to conduct the 
                        demonstration project.
                          ``(iii) Implementation review.--The Secretary 
                        may terminate the authority of a State to 
                        conduct a demonstration project under this 
                        section if, after the 3-year period following 
                        approval of the demonstration project, the 
                        State has not made significant progress in 
                        implementing the child welfare program 
                        improvement policies proposed by the State 
                        under clause (i).'';
                  (C) in paragraph (5), by inserting ``and the ability 
                of the State to implement a corrective action plan 
                approved under section 1123A'' before the period; and
                  (D) by adding at the end the following:
          ``(6) Inapplicability of random assignment for control groups 
        as a factor for approval of demonstration projects.--For 
        purposes of evaluating an application to conduct a 
        demonstration project under this section, the Secretary shall 
        not take into consideration whether such project requires 
        random assignment of children and families to groups served 
        under the project and to control groups.
          ``(7) Child welfare program improvement policies.--For 
        purposes of paragraph (3)(C), the child welfare program 
        improvement policies described in this paragraph are the 
        following:
                  ``(A) The establishment of a bill of rights for 
                infants, children, and youth in foster care that is 
                widely shared and clearly outlines protections for 
                infants, children, and youth, such as assuring frequent 
                visits with parents, siblings, and caseworkers, access 
                to attorneys, and participation in age-appropriate 
                extracurricular activities, and procedures for ensuring 
                the protections are provided.
                  ``(B) The development and implementation of a plan 
                for meeting the health and mental health needs of 
                infants, children, and youth in foster care that 
                includes ensuring that the provision of health and 
                mental health care is child-specific, comprehensive, 
                appropriate, and consistent (through means such as 
                ensuring the infant, child, or youth has a medical 
                home, regular wellness medical visits, and addressing 
                the issue of trauma, when appropriate).
                  ``(C) The inclusion in the State plan under section 
                471 of an amendment implementing the option under 
                subsection (a)(28) of that section to enter into 
                kinship guardianship assistance agreements.
                  ``(D) The election under the State plan under section 
                471 to define a `child' for purposes of the provision 
                of foster care maintenance payments, adoption 
                assistance payments, and kinship guardianship 
                assistance payments, so as to include individuals 
                described in each of subclauses (I), (II), and (III) of 
                section 475(8)(B)(i) who have not attained age 21.
                  ``(E) The development and implementation of a plan 
                that ensures congregate care is used appropriately and 
                reduces the placement of children and youth in such 
                care.
                  ``(F) Of those infants, children, and youth in out-
                of-home placements, substantially increasing the number 
                of cases of siblings who are in the same foster care, 
                kinship guardianship, or adoptive placement, above the 
                number of such cases in fiscal year 2008.
                  ``(G) The development and implementation of a plan to 
                improve the recruitment and retention of high quality 
                foster family homes trained to help assist infants, 
                children, and youth swiftly secure permanent families. 
                Supports for foster families under such a plan may 
                include increasing maintenance payments to more 
                adequately meet the needs of infants, children, and 
                youth in foster care and expanding training, respite 
                care, and other support services for foster parents.
                  ``(H) The establishment of procedures designed to 
                assist youth as they prepare for their transition out 
                of foster care, such as arranging for participation in 
                age-appropriate extra-curricular activities, providing 
                appropriate access to cell phones, computers, and 
                opportunities to obtain a driver's license, providing 
                notification of all sibling placements if siblings are 
                in care and sibling location if siblings are out of 
                care, and providing counseling and financial support 
                for post-secondary education.
                  ``(I) The inclusion in the State plan under section 
                471 of a description of State procedures for--
                          ``(i) ensuring that youth in foster care who 
                        have attained age 16 are engaged in 
                        discussions, including during the development 
                        of the transition plans required under 
                        paragraphs (1)(D) and (5)(H) of section 475, 
                        that explore whether the youth wishes to 
                        reconnect with the youth's biological family, 
                        including parents, grandparents, and siblings, 
                        and, if so, what skills and strategies the 
                        youth will need to successfully and safely 
                        reconnect with those family members;
                          ``(ii) providing appropriate guidance and 
                        services to youth whom affirm an intent to 
                        reconnect with biological family members on how 
                        to successfully and safely manage such 
                        reconnections; and
                          ``(iii) making, when appropriate, efforts to 
                        include biological family members in such 
                        reconnection efforts.
                  ``(J) The establishment of one or more of the 
                following programs designed to prevent infants, 
                children, and youth from entering foster care or to 
                provide permanency for infants, children, and youth in 
                foster care:
                          ``(i) An intensive family finding program.
                          ``(ii) A kinship navigator program.
                          ``(iii) A family counseling program, such as 
                        a family group decision-making program, and 
                        which may include in-home peer support for 
                        families.
                          ``(iv) A comprehensive family-based substance 
                        abuse treatment program.
                          ``(v) A program under which special efforts 
                        are made to identify and address domestic 
                        violence that endangers infants, children, and 
                        youth and puts them at risk of entering foster 
                        care.
                          ``(vi) A mentoring program.
          ``(8) Definitions.--In this subsection--
                  ``(A) the term `youth' means, with respect to a 
                State, an individual who has attained age 12 but has 
                not attained the age at which an individual is no 
                longer considered to be a child under the State plans 
                under parts B and E of title IV, and
                  ``(B) the term `long-term therapeutic family 
                treatment center' means a State licensed or certified 
                program that enables parents and their children to live 
                together in a safe environment for a period of not less 
                than 6 months and provides, on-site or by referral, 
                substance abuse treatment services, children's early 
                intervention services, family counseling, legal 
                services, medical care, mental health services, nursery 
                and preschool, parenting skills training, pediatric 
                care, prenatal care, sexual abuse therapy, relapse 
                prevention, transportation, and job or vocational 
                training or classes leading to a secondary school 
                diploma or a certificate of general equivalence.'';
          (2) by striking subsection (d) and inserting the following:
  ``(d) Duration of Demonstration.--
          ``(1) In general.--Subject to paragraph (2), a demonstration 
        project under this section may be conducted for not more than 5 
        years, unless in the judgment of the Secretary, the 
        demonstration project should be allowed to continue.
          ``(2) Termination of authority.--In no event shall a 
        demonstration project under this section be conducted after 
        September 30, 2019.'';
          (3) in subsection (e)--
                  (A) in paragraph (1), by striking ``(which shall 
                provide,'' and all that follows before the semicolon;
                  (B) by striking ``and'' at the end of paragraph (6);
                  (C) by redesignating paragraph (7) as paragraph (8); 
                and
                  (D) by inserting after paragraph (6) the following:
          ``(7) an accounting of any additional Federal, State, and 
        local investments made, as well as any private investments made 
        in coordination with the State, during the 2 fiscal years 
        preceding the application to provide the services described in 
        paragraph (1), and an assurance that the State will provide an 
        accounting of that same spending for each year of an approved 
        demonstration project; and'';
          (4) by redesignating subsection (g) as subsection (h);
          (5) by striking subsection (f) and inserting the following:
  ``(f) Evaluations.--Each State authorized to conduct a demonstration 
project under this section shall obtain an evaluation by an independent 
contractor of the effectiveness of the project, using an evaluation 
design approved by the Secretary which provides for--
          ``(1) comparison of methods of service delivery under the 
        project, and such methods under a State plan or plans, with 
        respect to efficiency, economy, and any other appropriate 
        measures of program management;
          ``(2) comparison of outcomes for children and families (and 
        groups of children and families) under the project, and such 
        outcomes under a State plan or plans, for purposes of assessing 
        the effectiveness of the project in achieving program goals; 
        and
          ``(3) any other information that the Secretary may require.
  ``(g) Reports.--
          ``(1) State reports; public availability.--Each State 
        authorized to conduct a demonstration project under this 
        section shall--
                  ``(A) submit periodic reports to the Secretary on the 
                specific programs, activities, and strategies used to 
                improve outcomes for infants, children, youth, and 
                families and the results achieved for infants, 
                children, and youth during the conduct of the 
                demonstration project, including with respect to those 
                infants, children, and youth who are prevented from 
                entering foster care, infants, children, and youth in 
                foster care, and infants, children, and youth who move 
                from foster care to permanent families; and
                  ``(B) post a copy of each such report on the website 
                for the State child welfare program concurrent with the 
                submission of the report to the Secretary.
          ``(2) Reports to congress.--The Secretary shall submit to the 
        Committee on Ways and Means of the House of Representatives and 
        the Committee on Finance of the Senate--
                  ``(A) periodic reports based on the State reports 
                submitted under paragraph (1); and
                  ``(B) a report based on the results of the State 
                evaluations required under subsection (f) that includes 
                an analysis of the results of such evaluations and such 
                recommendations for administrative or legislative 
                changes as the Secretary determines appropriate.''; and
          (6) by adding at the end the following:
  ``(i) Indian Tribes Operating IV-E Programs Considered States.--An 
Indian tribe, tribal organization, or tribal consortium that has 
elected to operate a program under part E of title IV in accordance 
with section 479B shall be considered a State for purposes of this 
section.''.

                      TITLE III--BUDGET PROVISIONS

SEC. 301. BUDGETARY EFFECTS.

  The budgetary effects of this Act, for the purpose of complying with 
the Statutory Pay-As-You-Go Act of 2010, shall be determined by 
reference to the latest statement titled ``Budgetary Effects of PAYGO 
Legislation'' for this Act, submitted for printing in the Congressional 
Record by the Chairman of the Senate Budget Committee, provided that 
such statement has been submitted prior to the vote on passage.

                       I. Summary and Background

                         A. PURPOSE AND SUMMARY

    The legislation, H.R. 2883 as amended, as ordered reported 
by the Committee on Ways and Means on September 14, 2011, 
extends and makes modest adjustments to the Stephanie Tubbs 
Jones Child Welfare Services and the Promoting Safe and Stable 
Families programs, whose authorizations expire on September 30, 
2011. To achieve these and other purposes, including renewing 
authority for States to obtain cost-neutral waivers of Federal 
child welfare law, the bill amends relevant provisions of Title 
IV-B of the Social Security Act, as well as child welfare and 
waiver provisions in Titles IV-E and XI of the Social Security 
Act, respectively.
    Specifically, Section 101 of the bill makes changes to the 
Child Welfare Services program, adding several requirements to 
State plans for that program: to explain how they plan to 
respond to emotional trauma of children; to describe protocols 
for the use and monitoring of psychotropic medications; to 
describe activities designed to reduce time that children under 
age five spend without a permanent family; and to describe 
information sources used to report child maltreatment deaths 
and how any gaps in that data will be filled. Section 101 also 
adjusts current Federal child visitation standards for State 
caseworkers. Instead of requiring that 90 percent of children 
be visited each month to maintain the existing State/Federal 
match rate, States must complete 90 percent of all expected 
visits, rising to 95 percent in 2015 and later.
    Section 102 reauthorizes the Promoting Safe and Stable 
Families program for five years, and makes several generally 
technical adjustments to that program. For example, it conforms 
the definition of tribes and tribal organizations across 
programs, and requires an annual HHS report of program spending 
by service category.
    Section 103 extends the authorization of several set-aside 
programs under the Promoting Safe and Stable Families program, 
which provide funding for monthly caseworker visits and 
regional partnership grants to combat parental substance abuse, 
among other changes.
    Section 104 extends for five years the Court Improvement 
Program within the Promoting Safe and Stable Families program, 
while maintaining program funding at the current $30 million 
annual level. It highlights activities related to concurrent 
planning and involving families in child welfare court 
proceedings, while easing administration by allowing States to 
submit one instead of as many as three applications for program 
funds. A set-aside for Indian tribes or tribal consortia is 
authorized.
    Section 105 directs the Secretary of Health and Human 
Services (HHS) to develop standard data elements for child 
welfare services programs, designed to ease program 
administration, improve program accountability, and ultimately 
improve the services provided to program participants.
    Section 106 makes several modest adjustments to foster care 
and adoption assistance programs. For example, it specifies 
that promoting educational stability is a goal for each foster 
care placement, requires States to provide older foster youth a 
free copy of their credit report and help in resolving any 
inaccuracies, and requires States to document program spending 
as the expanded eligibility of children for Federal adoption 
assistance payments phases in through FY 2018, including a 
requirement to report on spending on post-adoption services.
    Section 107 makes changes in Title I of the legislation 
effective on October 1, 2011, but permits delays if State 
legislation is required to meet requirements under the 
legislation.
    Title II of the legislation renews child welfare waiver 
authority for fiscal years 2012 through 2014. During each of 
those years, HHS could approve up to 10 new waiver 
applications, for programs lasting generally up to 5 years, but 
all demonstration projects must be completed by the end of 
fiscal year 2019. Among other conditions, States receiving 
waivers must demonstrate that they have implemented or plan to 
implement at least two child welfare improvement policies 
specified in the bill. Those policies range from establishing a 
foster care bill of rights to operating a kinship guardianship 
program to increasing the number of sibling placements, among 
other options specified in the legislation.
    Title III of the legislation provides a statement of 
budgetary effects.

               B. BACKGROUND AND THE NEED FOR LEGISLATION

    On September 12, 2011, Rep. Geoff Davis (R-KY), Chairman of 
the Subcommittee on Human Resources of the House Committee on 
Ways and Means, and Rep. Lloyd Doggett (D-TX), Ranking Member 
of the Subcommittee on Human Resources of the House Committee 
on Ways and Means, introduced H.R. 2883, the ``Child and Family 
Services Improvement and Innovation Act,'' a bill to amend 
Title IV-B of the Social Security Act to extend certain child 
and family services programs through fiscal year 2016, and for 
other purposes. The Committee on Ways and Means received the 
referral for the bill because the bill includes child welfare 
provisions that fall within the jurisdiction of the Committee, 
including relevant provisions of the Social Security Act. The 
Committee found the changes appropriate to ensure that families 
have the needed support so children can safely remain with 
their own parents or be supported by other caretaker adults, 
among other purposes.

                         C. LEGISLATIVE HISTORY

Background

    H.R. 2883 was introduced on September 12, 2011, and was 
referred to the Committee on Ways and Means.
    Related prior legislation includes H.R. 2790, a bill 
extending child welfare services programs, which was introduced 
by Human Resources Subcommittee Chairman Davis (R-GA) and 
Ranking Member Doggett (D-TX) on August 2, 2011, and H.R. 1194, 
a bill to extend child welfare waiver authority, which was 
introduced by Human Resources Subcommittee Member McDermott (D-
WA) and Subcommittee Chairman Davis (R-KY) on March 17, 2011 
and which was approved by the House on May 31, 2011 by a voice 
vote.

Committee action

    The Committee on Ways and Means marked up H.R. 2883 on 
September 14, 2011, and ordered the bill as amended favorably 
reported, by a voice vote.

Committee hearings

    On July 12, 2011, the Subcommittee on Human Resources of 
the Committee on Ways and Means held a hearing on child deaths 
due to maltreatment. On June 16, 2011, the Subcommittee on 
Human Resources of the House Committee on Ways and Means held a 
hearing on improving programs designed to protect at-risk 
youth. On March 11, 2011, the Subcommittee on Human Resources 
of the House Committee on Ways and Means held a hearing on the 
use of data matching to improve customer service, program 
integrity, and taxpayer savings.

                      II. Explanation of the Bill

 A. EXTENSION OF STEPHANIE TUBBS JONES CHILD WELFARE SERVICES PROGRAM 
  (SEC. 101 OF THE BILL AND PART B OF TITLE IV OF THE SOCIAL SECURITY 
                                  ACT)

Present law

    The Stephanie Tubbs Jones Child Welfare Services (hereafter 
Child Welfare Services) program authorizes formula grants to 
States. The primary purpose of these funds is--through the 
provision of services to children and their families--to 
protect and promote the welfare of all children; prevent child 
abuse and neglect; permit children to remain in their own 
homes, or to return to those homes whenever it is safe and 
appropriate; promote safety, permanency, and well-being for 
children in foster care or those in adoptive families; and 
provide training, professional development, and support to 
ensure a well-qualified child welfare workforce.
    The program is authorized to receive discretionary 
appropriations of up to $325 million in each of Fiscal Year 
2007 through Fiscal Year 2011. For Fiscal Year 2011, it 
received $281 million.
    As part of its Child Welfare Services plan, each State must 
develop a health oversight plan to identify and respond to the 
health and mental health care needs of children in foster care. 
The plan must outline certain procedures as now listed in law.
    Under Federal law, State child welfare agencies are 
required--to the maximum extent practicable--to report annually 
to the U.S. Department of Health and Human Services (HHS) on 
the number of deaths in the State due to child abuse or 
neglect.
    Beginning with Fiscal Year 2007, States were required to 
report data to HHS on the percentage of children in foster care 
who received a visit from their caseworker at least once in 
each month they were in care and to take steps to ensure that, 
as of October 1, 2011, no less than 90% of those children 
receive a caseworker visit in each month they are in care. 
Further, beginning with FY2008, States were required to 
establish annual target percentages (as approved by HHS) to 
ensure that they reach this standard.
    A State's percentage of monthly caseworker visits is 
calculated by dividing the number of children in foster care 
who received a visit in each month they were in care during the 
fiscal year by the total number of children in care during that 
same fiscal year.
    States are required to provide non-Federal funding of no 
less than 25% of total program costs in order to receive their 
full allotment of Federal funds under the Child Welfare 
Services program. However, States that fail to meet their 
annual target percentage of children in foster care who are 
visited on a monthly basis are subject to reduced Federal cost-
sharing under the program. The amount of this reduction ranges 
from 1 percentage point to 5 percentage points, depending on 
the degree of failure by the State to meet its target 
percentage for monthly caseworker visits. Specifically, a State 
that failed to meet that target percentage by less than 10 full 
percentage points is required to provide no less than 26% of 
total program costs in non-Federal funds to receive its full 
Federal allotment of Child Welfare Services funds; a State that 
missed that target percentage by at least 10 but less than 20 
full percentage points is required to provide no less than 28% 
of the total program costs; and a State that missed its target 
percentage by 20 full percentage points or more must provide no 
less than 30% of total program costs.
    States are required to ensure that, as of October 1, 2011, 
a majority of the monthly caseworker visits with children in 
foster care occur where the child lives.
    Finally, there is currently no provision in current law 
addressing the developmental needs of young children.

Reasons for change

    H.R. 2883 would extend the current Child Welfare Services 
program for five years, while strengthening it in several key 
ways. Under this bill, States are expected to provide 
additional information in their State plans on how they will 
address emotional trauma of children, and address the 
developmental needs of the youngest children in care. States 
also must ensure the proper oversight of psychotropic 
medications provided to children in foster care, which has been 
an ongoing concern in recent years and the subject of several 
Human Resources Subcommittee hearings. The legislation also 
responds to concerns about incomplete data on the number of 
children who die each year due to maltreatment, by requiring 
States to describe how they currently report such data and how 
they intend to provide more complete and accurate data in the 
future. Finally, this provision improves the calculation of 
caseworker visits of children, while raising from 90 to 95 
percent the target rate for such visits, among other changes.

Explanation of provision

    H.R. 2883 would extend funding authorization for this 
program for five years (FY2012-FY2016) at the current law 
level.
    As part of their health oversight plan for children in 
foster care, States would additionally be required to (1) 
outline how identified emotional trauma, associated with a 
child's maltreatment and removal from home, will be monitored 
and treated; and (2) include protocols for the appropriate use 
and monitoring of psychotropic medications.
    H.R. 2883 would require each State, as part of its Child 
Welfare Services plan, to describe the activities it undertakes 
to address the developmental needs of children that it serves 
who are four years of age or younger; and to reduce the length 
of time these young children spend without a permanent family.
    H.R. 2883 would require each State, as part of its Child 
Welfare Services plan, to describe the sources it uses to 
compile this information on deaths due to child abuse or 
neglect and, if certain specified sources are not included, 
would further require States to describe why this is the case 
and how those sources of information will be included. 
Specified information sources are State vital statistics 
departments, child death review teams, law enforcement 
agencies, and offices of medical examiners or coroners.
    For Fiscal Year 2012 through Fiscal Year 2014, each State 
would be required to ensure that it completed no fewer than 90% 
of required monthly caseworker visits; for Fiscal Year 2015, 
and for every subsequent year, each State would be required to 
ensure that it made no fewer than 95% of those visits.
    A State's percentage of children visited on a monthly basis 
would be calculated by dividing the number of caseworker visits 
made on a monthly basis during the fiscal year by the total 
number of monthly caseworker visits required during that same 
fiscal year.
    States that failed to complete at least 90% of the required 
monthly caseworker visits in each of Fiscal Year 2012 through 
Fiscal Year 2014, and at least 95% of those visits for Fiscal 
Year 2015 and every subsequent year, would be subject to 
reduced Federal cost-sharing under the Child Welfare Services 
program. As under current law, the amount of this reduction 
would range from 1 percentage point to 5 percentage points, 
depending on the degree of failure by the State to meet its 
target monthly caseworker visit percentage.
    States would be required to ensure that no less than 50% of 
caseworker visits with children in foster care occur where the 
child lives. States that failed to meet the 50% target for 
Fiscal Year 2012 and every subsequent year would be subject to 
reduced Federal cost-sharing under the Child Welfare Services 
program. The amount of this reduction would range from 1 
percentage point to 5 percentage points, depending on the 
degree of failure by the State to meet this requirement.

Effective date

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

 B. EXTENSION OF PROGRAM TO PROMOTE SAFE AND STABLE FAMILIES (SECTION 
   102 OF THE BILL AND PART B OF TITLE IV OF THE SOCIAL SECURITY ACT)

Present law

    The Promoting Safe and Stable Families Program (hereafter 
the Safe and Stable program) authorizes formula grants to 
States for provision of family support, family preservation, 
time-limited reunification, and adoption promotion and support 
services. In addition, certain funds appropriated for the Safe 
and Stable program must be reserved for grants under the Court 
Improvement Program and for other purposes, including grants to 
support monthly caseworker visits, and grants to regional 
partnerships.
    For each of Fiscal Year 2007 through Fiscal Year 2010, the 
Safe and Stable program was authorized to receive $345 million 
in mandatory funds. For Fiscal Year 2011, it is authorized to 
receive $365 million in mandatory funds.
    For Fiscal Year 2007 through Fiscal Year 2011, the Safe and 
Stable program is additionally authorized to receive up to $200 
million annually in discretionary appropriations. For Fiscal 
Year 2011, Congress provided $63 million in discretionary 
appropriations for the program.
    One purpose of the Safe and Stable program is to ``prevent 
child maltreatment among families at risk through the provision 
of supportive family services.''
    States are required to spend significant portions of their 
Safe and Stable program funds on each of four defined 
categories of services, one of which is family support 
services. Those services are defined as community-based 
services intended to: promote the safety and well-being of 
children and families; increase the strength and stability of 
families (including adoptive, foster, and extended families); 
increase parents' confidence and competence in their parenting 
abilities; afford children a safe, stable, and supportive 
family environment; strengthen parental relationships and 
promote healthy marriages; and enhance child development.
    As part of the Mentoring Children of Prisoners program, the 
term ``mentoring'' is defined as a ``structured, managed 
program in which children are appropriately matched with 
screened and trained adult volunteers for one-on-one 
relationships, involving meetings and activities on a regular 
basis, intended to meet, in part, the child's needs for 
involvement with a caring and supportive adult who provides a 
positive role model.''
    States are required to spend significant portions of their 
Safe and Stable program funds on each of four defined 
categories of services, one of which is time-limited family 
reunification services. These are services and activities 
intended to safely permit a child and his/her parent(s) to be 
reunited within the first 15 months after the child was removed 
from the parent's home (and placed in foster care). Those 
services and activities are stipulated as counseling, substance 
abuse treatment, assistance to address domestic violence, 
services to provide temporary child care (including crisis 
nurseries), and transportation to and from any of these 
services.
    For purposes of the Title IV-B, Subpart 1 Child Welfare 
Services program the terms ``Indian tribe'' and ``tribal 
organization'' have the meanings given them in Section 4 of the 
Indian Self-Determination and Education Assistance Act. In 
general, that Act defines ``Indian tribe'' as any Federally 
recognized Indian tribe including Alaska Native Villages. 
Further it generally defines a ``tribal organization'' as the 
``recognized governing body'' of an Indian tribe and certain 
other legally established organizations.
    For purposes of the Title IV-B, Subpart 2 Safe and Stable 
program an ``Indian tribe'' has the meaning given it under the 
prior law Title IV-F JOBS program; (that program was repealed 
in 1996). In general, that definition includes any Federally 
recognized tribe that has a reservation, public domain 
allotments, or is in Oklahoma and formerly had a reservation. 
Further `` tribal organization'' is defined as the ``recognized 
governing body'' of any Indian tribe.
    As of June 30 of each year, and as part of their Safe and 
Stable program plan, States must provide to HHS information on 
planned and actual spending for child welfare-related child and 
family services and on the numbers of children and families 
served among other things. The information is to be submitted 
on standard forms. HHS, in turn, is required to compile these 
financial reports made by States and, not later than September 
30 of each year, submit the compilation to the House Ways and 
Means Committee and the Senate Finance Committee.

Reasons for change

    H.R. 2883 would extend the current Promoting Safe and 
Stable Families program for five years, while strengthening it 
in several key ways. For example, States are expected to 
describe how they will target program services to populations 
at the greatest risk of maltreatment, and mentoring, among 
other services, are explicitly added to the types of services 
program funds may support. To simplify program administration, 
the same definition of Indian tribe and tribal organization as 
is already used in the Child Welfare Services program will 
apply. Additional information about program spending by service 
category will be made available to Congress and the public each 
year, among other reports.

Explanation of provision

    H.R. 2883 would authorize annual mandatory funding for the 
Safe and Stable program of $345 million for each of five years 
(Fiscal Year 2012 through Fiscal Year 2016).
    H.R. 2883 would extend this current annual discretionary 
funding authorization of $200 million for five years (Fiscal 
Year 2012 through Fiscal Year 2016).
    H.R. 2883 would require each State, as part of its Safe and 
Stable program plan, to describe how it identifies which 
populations are at greatest risk of maltreatment and how 
services are targeted to the populations.
    H.R. 2883 would reorganize and restate the current law 
definition of family support services, maintaining all current 
provisions but adding that as part of enhancing a child's 
development, a State may provide mentoring services. The bill 
further stipulates that the definition of ``mentoring'' would 
be as it is currently defined in the Mentoring Children of 
Prisoners program.
    H.R. 2883 would add the following services and activities 
to the definition of time-limited family reunification 
services: peer-to-peer mentoring and support groups for parents 
and primary caregivers; and services and activities designed to 
facilitate access to and visitation of children in foster care 
by parents and siblings.
    H.R. 2883 would provide that, for purposes of the Safe and 
Stable program, ``Indian tribe'' and ``tribal organization'' 
would be defined in the same way that they are now defined in 
the Child Welfare Services program (i.e., the definitions given 
in Section 4 of the Indian Self-Determination and Education 
Assistance Act).
    H.R. 2883 would further stipulate that HHS must include in 
this compilation both individual State reports as well as 
tables that--for each element the State is required to include 
in these reports--show national totals derived from the 
reports, including national totals related to planned and 
actual spending by service category for the Safe and Stable 
program and planned spending by service category for the Child 
Welfare Services program. In addition to providing these 
reports to the House Ways and Means Committee and the Senate 
Finance Committee by September 30 of each year, HHS also would 
be required (by that same date) to publish the compiled 
information on the agency's website in a location easily 
accessible to the public.
    H.R. 2883 would require the Government Accountability 
Office (GAO) to submit a report to Congress not later than 12 
months after enactment of this bill that: (1) Identifies 
alternative sources of Federal funding that States or other 
entities use to support the same purposes that are supported by 
any Federal funds provided under Title IV-B, including those 
under the Child Welfare Services and Safe and Stable programs; 
and (2) Assesses the needs of families eligible for such 
services and programs, including identifying underserved 
communities, and providing information on supports for 
caseworkers to manage their caseloads in a safe and appropriate 
manner, the length of time families wait to receive substance 
abuse and other preventive services, the number of families 
waiting for such services, and the effect of the delay on 
healthy, successful reunification outcomes for families.

Effective date

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

  C. GRANTS FOR TARGETED PURPOSES (SEC. 103 OF THE BILL AND PART B OF 
                  TITLE IV OF THE SOCIAL SECURITY ACT)

Present law

    Out of the mandatory funds provided for the Safe and Stable 
program from Fiscal Year 2006 through Fiscal Year 2011, a total 
of $95 million was reserved for formula grants to States to 
support monthly caseworker visits, including $20 million in 
each of Fiscal Year 2010 and Fiscal Year 2011.
    States are required to use these grant funds to support 
monthly caseworker visits with children who are in foster care, 
with a primary emphasis on activities designed to improve 
caseworker retention, recruitment, training and ability to 
access the benefits of technology.
    Out of the mandatory funds provided for the Safe and Stable 
program from Fiscal Year 2007 through Fiscal Year 2011, a total 
of $145 million was reserved for competitive grants to regional 
partnerships (to improve outcomes of children affected by 
parental substance abuse), including $20 million in each of 
Fiscal Year 2010 and Fiscal Year 2011.
    Present law requires HHS to make competitive grants to 
regional partnerships for each of Fiscal Year 2007 through 
Fiscal Year 2011.
    Regional partnership grants are made for the purpose of 
improving the safety, permanence, and wellbeing of children who 
are in foster care, or who are at risk of placement in foster 
care, as a result of their parent or caretaker's abuse of 
methamphetamine or other substances. The grant authority 
contains numerous specific references to parents' abuse of 
methamphetamine, including in the section heading, application 
requirements for regional partnerships, factors HHS must 
consider when awarding grants, and in the annual report HHS is 
required to make to Congress on these grants.
    HHS may award grants to regional partnerships for not less 
than two years and not more than five years.
    A regional partnership must provide non-Federal matching 
funds of no less than 15% of the project costs in the first and 
second year; no less than 20% in any third or fourth years of 
the project; and no less than 25% in any fifth year of the 
project.
    HHS is required to prepare annual reports for Congress on--
(1) the services provided and activities conducted with the 
funds provided to regional partnerships; (2) performance 
indicators established to assess the performance of those 
partnerships; and (3) the progress made in achieving the 
grant's purposes.
    Finally, there is no provision in current law limiting 
Federal administrative spending.

Reasons for change

    The authorization of grants specifically for monthly 
caseworker visits and addressing parental substance abuse is 
extended and amended. In the case of monthly caseworker visits, 
the legislation increases the focus on improving caseworker 
decision-making to better protect children. In the case of 
grants to address parental substance abuse, the legislation 
broadens the focus of these grants by removing the current 
priority on methamphetamine, promoting additional flexibility 
to focus on the greatest need, and administrative funds are 
capped at 5 percent, among other changes. To improve 
accountability, evaluation reports about the effectiveness of 
substance abuse grants are expected in CYs 2012 and 2017.

Explanation of provision

    Out of the mandatory funds provided for the Safe and Stable 
program, H.R. 2883 would reserve $20 million for the monthly 
caseworker grants in each of five years (Fiscal Year 2012 
through Fiscal Year 2016).
    H.R. 2883 would require States to use these grant funds to 
improve the quality of monthly caseworker visits with children 
in foster care with an emphasis on improving caseworker 
decision-making on the safety, permanency, and well-being of 
children in foster care and on activities designed to increase 
retention, recruitment, and training of caseworkers.
    Out of the mandatory funds provided for the Safe and Stable 
program, H.R. 2883 would reserve $20 million for regional 
partnership grants in each of five years (Fiscal Year 2012 
through Fiscal Year 2016).
    H.R. 2883 would require HHS to make these grants to 
regional partnerships for each of Fiscal Year 2012 through 
Fiscal Year 2016.
    In general, H.R. 2883 would retain current law focus on 
improving safety, permanence, and well-being outcomes of 
children affected by their parent's substance abuse but would 
strike all the specific references to ``methamphetamine'' and 
would eliminate the requirement that HHS give additional weight 
to applications that give specific attention to methamphetamine 
abuse.
    H.R. 2883 would retain this general grant duration but 
would also stipulate that HHS may extend the length of a grant 
made to a regional partnership for a maximum of two additional 
years (e.g., a regional partnership that received an initial 
five-year grant could apply for a two year extension and, if 
approved, its total grant period would be seven years.) The 
legislation would additionally clarify that any regional 
partnership may apply for, and be awarded, more than one grant.
    H.R. 2883 would further stipulate that for any grant 
extended to a sixth year, a regional partnership must provide 
non-Federal matching funds of no less than 30% of the project 
costs and for any grant extended to a seventh year, no less 
than 35% of the project costs.
    H.R. 2883 would stipulate that HHS may use not more than 
five percent of the amounts reserved (or otherwise 
appropriated) for regional partnership grants (for each of 
Fiscal Year 2012 through Fiscal Year 2016) for salaries and 
agency administrative expenses related to administering the 
grants.
    H.R. 2883 would retain the current annual report 
requirement but would additionally stipulate that HHS must 
evaluate the effectiveness of the regional partnership grants 
and publish the results of the evaluation on its website in two 
reports, the first not later than December 31, 2012 and the 
second not later than December 31, 2017.
    Both reports must evaluate the programs and activities 
conducted and services provided under the regional partnership 
grant program with the first report focusing on funds awarded 
to regional partnerships in Fiscal Year 2007 through Fiscal 
Year 2011 and the second report focusing on awards made for 
Fiscal Year 2012 through Fiscal Year 2016. Both evaluation 
reports must also include an analysis of: the grantees that 
were successful in achieving the goals in the application, and 
those that were not; grantees' achievements related to 
applicable performance indicators established by HHS to assess 
their work; the success of the regional partnership grants in 
addressing the needs of child-welfare-involved families who 
have methamphetamine or other substance abuse problems; and the 
success of the grants in achieving the goals of child safety, 
permanency and family stability.

Effective date

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

D. COURT IMPROVEMENT PROGRAM (SEC. 104 OF THE BILL AND PART B OF TITLE 
                     IV OF THE SOCIAL SECURITY ACT)

Present law

    HHS is required to make grants to the highest court in each 
State to enable those courts to (1) Conduct assessments of how 
they handle child welfare proceedings and to make improvements 
based on those assessments, including, providing for children's 
safety, permanence, and well-being as set forth in the Adoption 
and Safe Families Act (ASFA); (2) Ensure children's safety, 
permanence, and well-being needs are met in a timely and 
complete manner (through better collection and analysis of 
data); and (3) Provide for training of judges, attorneys, and 
legal personnel in child welfare cases.
    Each State's highest court may receive grants for each of 
the three purposes (described above) but must submit a separate 
application for each purpose for which they wish to receive 
funds. Certain application requirements apply to all grants and 
certain application requirements apply only to the grants to 
support better data collection and analysis, or to the training 
grants.
    For each of Fiscal Year 2006 through Fiscal Year 2011, a 
highest State court was entitled to a base allotment of $85,000 
for each Court Improvement Program grant application it 
successfully submitted in a given year, plus a portion of any 
remaining funds provided for the specific grant (based on the 
share of individuals under the age of 21 in its State compared 
to all individuals under that age in every State where the 
highest court has an approved Court Improvement Program 
application for that kind of Court Improvement Program grant.) 
This means, for example, that a highest State court that 
successfully submitted three grant applications received a base 
allotment of $255,000 plus a portion of the remaining grant 
funds that was specified for each of the three grants.
    Thirty million dollars in mandatory Promoting Safe and 
Stable funds are reserved for the Court Improvement Program 
plus 3.3% of any discretionary funding provided to the program. 
The Fiscal Year 2011 funding reserved totaled $32 million. The 
statute divided those funds as follows: Out of the mandatory 
funds reserved for court improvement--$10 million was provided 
for basic grants (related to the purposes of conducting 
assessments and making improvements to court handling of child 
welfare cases); $10 million was for data grants (related to 
improving outcomes for children through better collection and 
analysis of data); and $10 million was for training grants 
(related to training court personnel in child welfare cases).
    All funds reserved out of any discretionary appropriations 
for the Promoting Safe and Stable Families program were 
provided for purposes associated with the basic grants.
    For each of Fiscal Year 2002 through Fiscal Year 2011, a 
highest State court must provide non-Federal funds to support 
no less than 25% of the total Court Improvement Program 
activities.
    Under current law, tribes do not receive Court Improvement 
Program funds.

Reasons for change

    The legislation extends current funding for the Court 
Improvement Program, while easing program administration by 
allowing States to submit a single grant application and adding 
a program focus on improving engagement of the entire family, 
among other changes. The legislation also allows tribes to 
apply for and receive funding through the Court Improvement 
Program.

Explanation of provision

    H.R. 2883 would amend the purpose related to conducting 
assessments and making improvements to specifically highlight 
the ASFA requirements for concurrent planning (i.e., moving a 
child toward permanence via the child).
    In addition it would add a new purpose--to increase and 
improve engagement of the entire family in court processes 
relating to child welfare, family preservation, family 
reunification and adoption. This new purpose would be 
associated with both the basic Court Improvement Program grants 
(related to conducting assessments and making improvements) and 
with those related to training of court personnel in child 
welfare cases.
    H.R. 2883 would provide that a court need only submit a 
single application to receive funds associated with one or more 
Court Improvement Program purposes. The court would need to 
indicate in their application for which one or more of the 
specific purposes the application was being made and would be 
required to meet any current law application requirements 
related to receiving funds for a given purpose.
    For each of Fiscal Year 2012 through Fiscal Year 2016, H.R. 
2883 would entitle a highest State court to the same allotment 
of funds based on the number of purposes (maximum of three) it 
included in its single application. This means, for example, 
that a highest State court with a successful single application 
requesting funds for all three purposes would continue to be 
entitled to a base allotment of $255,000 plus a portion of 
remaining grant funds that was specified for each of the three 
purposes.
    H.R. 2883 would maintain the current level of funding 
reserved ($30 million in mandatory funds plus 3.3% of any 
discretionary Safe and Stable funding). The legislation would 
divide those funds (for each of Fiscal Year 2012 through Fiscal 
Year 2016) as follows: Out of the mandatory funds reserved for 
court improvement: $9 million would be provided for basic 
program purposes (including for conducting assessments and 
making improvements to child welfare proceedings and for 
increasing engagement of families in those processes); $10 
million would be provided for purposes related to improved 
collection and use of data; $10 million would be provided for 
training purposes (related to training court personnel in child 
welfare cases and increasing engagement of families); and $1 
million would be provided for competitive grants to highest 
tribal courts.
    As under current law, all funds reserved out of any 
discretionary appropriations made for the Promoting Safe and 
Stable Families program are reserved for the basic purposes of 
the Court Improvement Program (including for conducting 
assessments and making improvements to child welfare 
proceedings and for increasing engagement of families in those 
processes).
    H.R. 2883 would make certain tribal courts eligible for 
Court Improvement Program grants. Courts eligible to compete 
for these program funds would be the highest courts of an 
Indian tribe or tribal consortia that (1) is operating an 
approved Title IV-E Foster Care and Adoption Assistance 
Program; (2) has been awarded a tribal implementation grant 
(indicating that it is seeking to implement a Title IV-E plan); 
or (3) has a court responsible for proceedings related to 
foster care or adoption.
    H.R. 2883 would extend this same cost sharing provision for 
State highest courts for each of Fiscal Year 2012 through 
Fiscal Year 2016.

Effective date

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

  E. DATA STANDARDIZATION FOR IMPROVED DATA MATCHING (SEC. 105 OF THE 
        BILL AND PART B OF TITLE IV OF THE SOCIAL SECURITY ACT)

Present law

    Title IV-B of the Social Security Act authorizes two State 
formula grant programs, the Child Welfare Services program 
(Subpart 1), and the Promoting Safe and Stable Families program 
(Subpart 2). In addition (or as part of those programs) it 
authorizes, in those same subparts, several competitive grant 
programs or funding streams under which grantees (which may be 
public or private) are required to report data. These include 
Family Connection Grants, Regional Partnership Grants (under 
the Safe and Stable program) and Mentoring Children of 
Prisoners grants.

Reasons for change

    The Committee believes the programs within its jurisdiction 
should, from an information technology standpoint, operate 
consistently within and across programs. By beginning the 
process of data standardization and the use of common reporting 
mechanisms in this section, the Committee is achieving three 
goals: better preventing and identifying fraud and abuse; 
ensuring appropriate access; and producing program savings for 
U.S. taxpayers.
    The Subcommittee on Human Resources, in its March 11, 2011 
hearing on the use of data matching to improve customer 
service, program integrity, and taxpayer savings, received 
testimony in support of consistent data standards that are non-
proprietary and promote the interoperability of data across 
various information technology platforms, including State 
legacy systems. The hearing confirmed that not only are 
programs within the Subcommittee's jurisdiction in silos, but 
so is the accompanying data. Improved data standards will help 
increase the efficiency of data exchanges to use and reuse data 
within and across programs.
    Therefore, the Committee believes that non-proprietary, 
interoperable data standards in child and family services 
programs are the first step to better organizing and using data 
to address fraud and abuse and increase administrative 
efficiency. This process will have the additional important 
benefit of improving the services these programs provide to 
children and families.

Explanation of provision

    Under a new Subpart 3, the legislation would require HHS to 
issue a rule designating standard data elements for any 
category of information required to be reported under Title IV-
B and would also require the agency to develop a rule providing 
for standard data reporting under Title IV-B. The rules would 
need to be developed by HHS in consultation with an interagency 
workgroup established by the Office of Management and Budget 
(OMB) and with consideration of State perspectives.
    To the extent practicable, the standard data elements 
required by the rule would need to be non-proprietary; permit 
data to be exchanged and used (i.e., interoperable); and 
incorporate the interoperable standards developed and 
maintained by other recognized bodies (as named in the bill).
    To the extent practicable, the data reporting standards 
required by the rule would need to incorporate a widely-
accepted, non-proprietary, searchable, computer-readable 
format; be consistent with and implement applicable accounting 
principles; be capable of being continually upgraded as 
necessary; and incorporate existing nonproprietary standards, 
such as the eXtensible Business Reporting Language.

Effective date

    The provision becomes effective on October 1, 2012.

 F. PROVISIONS RELATING TO FOSTER CARE OR ADOPTION (SECTION 106 OF THE 
        BILL AND PART E OF TITLE IV OF THE SOCIAL SECURITY ACT)

Present law

    Present law requires that a State have a written education 
stability plan for each child in foster care that includes 
assurances that the child's placement in foster care takes into 
account the appropriateness of the current educational setting 
and the proximity to the school where the child is enrolled at 
the time of the placement. Present law also requires that the 
State child welfare agency coordinate with appropriate local 
educational agencies to ensure that the child remains in the 
school in which he/she is enrolled at the time of placement or, 
if this is not in the child's best interest, that the child is 
provided immediate and appropriate enrollment in a new school 
with all of his/her educational records supplied to that 
school.
    States are required to have procedures in place to 
periodically review the status of each child in foster care, 
including procedures to address a range of requirements 
stipulated in statute. The Fair Credit Reporting Act defines 
what kind of information may (and may not) be included in a 
credit report (``consumer report'') and also grants each 
consumer the right to at least one free consumer report 
annually.
    States are required to enter into an adoption assistance 
agreement with the adoptive parents of any child that the State 
determines has ``special needs.'' Not all children determined 
to have special needs are currently Title IV-E eligible. 
However, beginning with Fiscal Year 2010, expanded eligibility 
for Title IV-E adoption assistance is being phased in so that 
as of Fiscal Year 2018, any adopted child who is determined by 
a State to have ``special needs'' will be eligible for this 
assistance. States are required to spend any savings they 
realize, due to this expanded Federal eligibility criteria, on 
child welfare-related child and family services (authorized 
under Title IV-B or Title IV-E), which include post-adoption 
services.
    HHS must submit an annual report to Congress that shows the 
performance of each State on certain child welfare outcome 
measures. Beginning with the report for Fiscal Year 2007, the 
report must include State-by-State data on the percentage of 
children in foster care who were visited on a monthly basis by 
their caseworker and the percentage of those monthly caseworker 
visits that took place where the child lived.

Reasons for change

    The legislation reinforces the Committee's longstanding 
interest in promoting the educational stability of youth in 
foster care by ensuring that educational stability is a goal of 
each placement involving foster youth, and not just their first 
placement. To combat identity theft involving foster youth, the 
legislation expects States to obtain a free credit report for 
older youth in care, to share that with the youth, and to 
assist the youth in resolving any inaccuracies in his or her 
credit report, which if unresolved would hinder his or her 
successful transition to adulthood. The legislation also 
reinforces the Committee's interest in ensuring that any 
savings resulting from expanded Federal eligibility for 
adoption assistance are reinvested in child welfare services.

Explanation of provision

    H.R. 2883 would amend current law to ensure that 
educational stability planning provisions apply to a child's 
initial placement in foster care as well as any subsequent 
placements during the child's stay in foster care.
    H.R. 2883 would add that a State's case review system must 
include procedures to ensure that each youth in foster care who 
is age 16 or older receives a copy of his/her credit report 
each year until he or she is discharged from care. The report 
would need to be provided without cost to the youth and the 
State would need to ensure that the youth received assistance 
in interpreting the report and resolving any inaccuracies in 
the report, (including, when possible, assistance from any 
court-appointed advocate for the child).
    H.R. 2883 would require each State to document how it spent 
any adoption assistance savings that results from this expanded 
Federal eligibility, including spending on post-adoption 
services. The bill would additionally require this report to 
include State-by-State data on the number of monthly caseworker 
visits each State completed as a share of its total required 
monthly caseworker visits.

Effective date

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

 G. EFFECTIVE DATE (SEC. 107 OF THE BILL AND PART B OF TITLE IV OF THE 
                          SOCIAL SECURITY ACT)

Present law

    Not applicable.

Reason for change

    This section provides an effective date for several 
sections of Title I of the legislation.

Explanation of provision

    Except for the data standardization provisions, (which have 
an October 1, 2012 effective date), the amendments made by 
Title I of this bill would generally be effective on October 1, 
2011. They would apply to payments under Title IV-B or Title 
IV-E beginning with the first quarter of Fiscal Year 2012 
without regard to whether regulations implementing the 
amendments are promulgated by that date. However, if HHS were 
to determine that a State needed to pass legislation (other 
than an appropriations act) to allow a State to come into 
compliance with a plan requirement(s) added by the bill, a 
State may have additional limited time (specified in the bill) 
to come into compliance.

 H. RENEWAL OF AUTHORITY TO APPROVE DEMONSTRATION PROJECTS DESIGNED TO 
TEST INNOVATIVE STRATEGIES IN STATE CHILD WELFARE PROGRAMS (SECTION 201 
          OF THE BILL AND TITLE XI OF THE SOCIAL SECURITY ACT)

Present law

    HHS may waive certain requirements of Title IV-B and Title 
IV-E to permit a State to conduct a child welfare demonstration 
project. For each of Fiscal Year 1998 through March 31, 2006, 
HHS was authorized to annually grant such waivers for as many 
as ten demonstration (a.k.a. ``waiver'') projects annually.
    A demonstration project may not be conducted for more than 
five years unless the Secretary of HHS determines that it 
should continue beyond five years.
    HHS may not approve a State to conduct a child welfare 
demonstration project if that State fails to provide health 
insurance coverage to any child with special needs for whom the 
State has an agreement in place with the child's adoptive 
parents to provide adoption assistance.
    If an appropriate application for such a project is 
received, HHS must consider authorizing child welfare 
demonstration projects that identify and address barriers to 
timely adoptions out of foster care; identify and address 
parental substance abuse issues that endanger children and 
result in their placement in foster care; and address kinship 
care.
    There is no provision describing ``child welfare program 
improvement policies.'' As of October 2009, States are 
permitted to choose to offer kinship guardianship assistance to 
eligible children under their Title IV-E program. Further, as 
of October 2010, they are permitted to amend that same plan to 
enable provision of Federal Title IV-E support to eligible 
youth after their 18th birthday (and up to their 21st 
birthday).
    States are required to establish a health oversight plan 
relevant to all children in foster care, and to provide certain 
transition planning for older youth in care, including those 
about to leave care without placement in a permanent family. 
Further they must make reasonable efforts to place siblings 
removed from their homes in the same foster, adoptive, or 
guardianship settings whenever this is not contrary to safety 
or well-being of one of the siblings.
    States seeking to implement a demonstration project must 
send an application to HHS that meets specific application 
requirements. Among these, a State must provide in the 
application that, where appropriate, children and families will 
be randomly assigned to a group that will receive the 
demonstration project services or to a group that will not 
receive those services.
    States must provide certain information in their 
application for a child welfare demonstration project.
    Each State that conducts a demonstration project must 
evaluate the effectiveness of the project and the evaluation 
must be done by an independent contractor. HHS must approve the 
evaluation design and that design must permit comparison of 
methods of service delivery under the demonstration project 
with those otherwise used under the States plan(s); a 
comparison of outcomes for children and families (and groups of 
children and families) served under the project with outcomes 
of those not served by the project; and any other information 
that HHS would require.
    A State must provide interim and final evaluation reports 
to HHS at the times and in the manner that HHS requires.
    Under current law, there are no provisions to discontinue 
project authority if improvement policies are not implemented, 
to define youth, or to include tribes.

Reasons for change

    The legislation renews for three years the authority for 
HHS to provide new waivers of Federal child welfare law, which 
is designed to improve State effectiveness in protecting 
children and assisting families as well as point the way to 
potential broader national reforms to benefit children and 
families in the coming years. At the same time, the legislation 
conditions the awarding of new waivers to States in several 
ways, including by requiring States receiving new waivers to 
identify one or more goals, to demonstrate their readiness to 
successfully achieve those goals, and to demonstrate that they 
have implemented, or plan to implement, at least two of the 
``child welfare program improvement policies'' listed in the 
legislation. These features are designed to promote the 
adoption of several identified program and policy options 
(including some tested in prior waiver programs) that seem 
especially promising in advancing the wellbeing of children and 
families.

Explanation of provision

    H.R. 2883 would extend the authority for HHS to grant up to 
ten new child welfare demonstration projects annually for each 
of three years, Fiscal Year 2012 through Fiscal Year 2014.
    H.R. 2883 would extend the authority for HHS to grant up to 
ten new child welfare demonstration projects annually for each 
of three years, Fiscal Year 2012 through Fiscal Year 2014.
    H.R. 2883 would add the following conditions of 
eligibility, for any State seeking approval of a new 
demonstration project (first conducted in any of Fiscal Year 
2012 through Fiscal Year 2014). The State must: demonstrate 
that its proposed demonstration project will meet one or more 
of the following identified goals: reduce the lengths of stay 
in foster care for children of all ages and promote successful 
transitions to adulthood for older youth; increase positive 
outcomes for children who remain in their own homes and 
communities; and prevent child abuse and neglect, as well as 
re-entries to foster care. The State must also provide a 
written description of changes the State has made, or will 
make, to its child welfare policies and procedures to enable 
the State to successfully achieve the goal(s) of its 
demonstration project. The State must also implement at least 
two of ten child welfare program improvement policies 
(specified in the bill). At least one of these program 
improvement policies must be new to the State (i.e., not have 
been implemented before the date the State submits its 
demonstration project application.) The State must demonstrate 
in its application that any new policy (or policies) will be 
implemented by the later of three years from the date on which 
it submits its application of the demonstration project or two 
years from the date when HHS approves the demonstration 
project.
    H.R. 2883 would permit HHS to terminate the authority of a 
State to conduct a child welfare demonstration project, if 
within three years of granting that approval, HHS determines 
that the State has not made significant progress in 
implementing the child welfare program improvement policies it 
cited in its application for that project.
    H.R. 2883 would provide that any State seeking to implement 
a demonstration project meeting any of the goals specified 
above may choose to establish a program that would identify and 
address domestic violence that endangers children and results 
in their placement in foster care or permit Federal (Title IV-
E) foster care maintenance payments to be made on behalf of a 
child residing in a long-term therapeutic family treatment 
center.
    For purposes of this provision, H.R. 2883 would define a 
``long-term therapeutic family treatment center'' as a program 
licensed or certified by the State that ``enables parents and 
their children to live together in a safe environment'' for not 
less than six months and that provides, either on-site or by 
referral, the following services or activities: substance abuse 
treatment, children's early intervention, family counseling, 
legal, nursery and preschool, parenting skills training, 
pediatric care, prenatal care, sexual abuse therapy, relapse 
prevention, transportation, and job or vocational training (or 
classes leading to a high school diploma or a GED).
    H.R. 2883 would describe ten child welfare program 
improvement policies that States may implement to meet the 
requirements as follows:
    (1) Establish a bill of rights for infants, children, and 
youth, who are in foster care, which must outline protections 
to be provided and procedures for ensuring the protections are 
provided, and must be widely shared.
    (2) Develop and implement a plan to meet the health and 
mental health needs of infants, children, and youth, who are in 
foster care, which ensures child-specific provision of health 
and mental health services that are comprehensive, appropriate, 
and consistent.
    (3) Opt to provide kinship guardianship assistance under 
the State's Title IV-E plan.
    (4) Opt to define ``child'' (under the State's Title IV-E 
plan) to include individuals up to their 21st birthday (Doing 
this would require a State to provide Title IV-E assistance on 
behalf of eligible youth up to their 21st birthday, whether 
they were in foster care or had left foster care after their 
16th birthday for guardianship or adoption).
    (5) Develop and implement a plan to ensure appropriate use 
of congregate care and that reduces its use for children and 
youth in foster care.
    (6) Substantially increase (above a Fiscal Year 2008 
baseline) the number of cases where siblings (whether infants, 
children, or youth) who are in out-of-home care are placed in 
the same foster care, kinship guardianship, or adoptive 
placements.
    (7) Develop and implement a plan to improve the recruitment 
and retention of high quality foster family homes, which may 
include increased maintenance payments, expanded training, and 
other supports for families that provide foster care.
    (8) Establish procedures to aid youth preparing to 
transition out of foster care, for example, by arranging for 
participation in age-appropriate extra-curricular activities; 
providing appropriate access to cell phones, computers, and 
opportunities to obtain a driver's license; providing 
notification of where siblings that are in foster care are 
placed (or, if they are not in care, where siblings are 
located) as well as counseling and financial support for post-
secondary education.
    (9) Include in the State's Title IV-E plan a description of 
State procedures for ensuring that a youth in foster care who 
has attained 16 years of age is engaged in discussions 
(including during transition planning activities required under 
current law) that explore whether the youth wishes to reconnect 
with his or her biological family members (including parents, 
siblings, grandparents or others) and, if so, that the skills 
and strategies needed to allow this to happen safely are 
discussed, as well as guidance and services to manage any 
desired reconnections. These procedures must also seek to 
include biological family members in these reconnection efforts 
when appropriate.
    (10) To prevent the entry of infants, children, and youth 
to foster care, and to provide permanency for those already in 
care, by establishing one or more of the following programs or 
services--intensive family finding; a kinship navigator 
program; family counseling (e.g., family group decision-making 
or in-home peer support for families); a comprehensive family-
based substance abuse treatment program; a program to identify 
and address domestic violence that endangers infants, children, 
and youth and puts them at risk of entering foster care; and a 
mentoring program.
    For purposes only of the paragraph in the bill describing 
``child welfare program improvement policies,'' H.R. 2883 would 
define ``youth'' to mean any individual who is at least 12 
years of age but who has not attained the age at which he or 
she is no longer considered a ``child'' under the State's Title 
IV-E or Title IV-B plans (i.e., at least up to age 18 but 
possibly up to age 21).
    Before approving a State's child welfare demonstration 
project application, H.R. 2883 would require HHS to consider 
the effect of such an approval on the ability of that State to 
implement any approved Program Improvement Plan (PIP) in the 
State.
    H.R. 2883 would strike the application requirement related 
to random assignment from the law, but would continue to 
require that States evaluate the effectiveness of their 
projects by comparing methods of service delivery to measure 
effectiveness. Separately, the legislation would prohibit HHS 
from taking into consideration the fact that a State is using 
(or not using) a random assignment design as part of its 
decision to approve or disapprove of a child welfare 
demonstration project.
    H.R. 2883 would require that States provide an accounting 
of any ``additional'' Federal, State, or local funds--as well 
as any private investments made in coordination with the 
State--that were used in the two years preceding the State's 
application to provide the services the State proposes to offer 
under the demonstration project, and further that the State 
would provide this same spending information for each year of 
an approved demonstration project.
    H.R. 2883 would strike the current evaluation report 
requirement and would instead require each State conducting a 
demonstration project to submit periodic reports to HHS on 
specific programs, activities, and strategies used to improve 
outcomes for infants, children, youth, and families, including 
the results achieved and without regard to whether those 
children were prevented from entering foster care, were in 
foster care, or had been moved from foster care to permanent 
families. At the same time it submitted such a report to HHS 
(and each time it did so), the State would further be required 
to post a copy of the report on the State child welfare 
agency's website.
    Further, H.R. 2883 would require HHS to submit to the House 
Committee on Ways and Means and the Senate Finance Committee: 
(1) Periodic reports (based on State-supplied periodic reports) 
regarding programs, strategies, and activities to improve 
outcomes for infants, children, youth and families in States 
with approved demonstration projects and the results achieved. 
(2) A report based on the results of State demonstration 
project evaluation reports that analyzes the results and makes 
recommendations for administrative or legislation changes that 
HHS determines appropriate.
    For purposes of seeking and receiving authority to operate 
a child welfare demonstration project, H.R. 2883 would consider 
as a ``State'' any Indian tribe, tribal organization or 
consortium of tribes that has chosen to operate a Title IV-E 
program under the Social Security Act.

Effective date

    The legislation provides HHS the authority to grant new 
child welfare waivers to States during Fiscal Years 2012 (which 
begins on October 1, 2011) through 2014.

 I. BUDGET PROVISIONS (TITLE III OF THE BILL AND THE STATUTORY PAY-AS-
                          YOU-GO ACT OF 2010)

Present law

    The Statutory Pay-As-You-Go-Act of 2010 generally requires 
that direct spending and revenue legislation (referred to as 
PAYGO legislation) enacted into law not increase the deficit. 
As a general matter, the budgetary effects are expected to 
reflect cost estimates prepared by the Congressional Budget 
Office (CBO) as included in statements inserted into the 
Congressional Record by the Chairman of the Budget Committee. 
If this procedure is not followed for a PAYGO measure, then the 
budgetary effects of the measure are determined by the Office 
of Management and Budget (OMB).

Reasons for change

    To provide a statement regarding the budgetary effect of 
the legislation.

Explanation of provision

    H.R. 2883 would stipulate that: For purposes of complying 
with the ``Statutory Pay-As-You-Go-Act of 2010,'' the budgetary 
effect of this bill must be determined by referring to the 
latest statement titled ``Budgetary Effects of PAYGO 
Legislation'' as submitted for printing in the Congressional 
Record by the Chairman of the Senate Budget Committee, but only 
if such a statement has been submitted prior to a vote on the 
passage of the bill.

Effective date

    Not applicable.

                      III. Votes of the Committee

    In compliance with clause 3(b) of rule XIII of the Rules of 
the House of Representatives, the following statements are made 
concerning the votes of the Committee on Ways and Means in its 
consideration of the bill, H.R. 2883:
    The bill H.R. 2883 was ordered favorably reported, as 
amended, by voice vote (with a quorum being present).

                     IV. Budget Effects of the Bill

               A. COMMITTEE ESTIMATE OF BUDGETARY EFFECTS

    In compliance with clause 3(d) of rule XIII of the Rules of 
the House of Representatives, the following statement is made 
concerning the effects on the budget of the revenue provisions 
of the bill, H.R. 2883 as reported:
    The Committee agrees with the estimates prepared by the 
Congressional Budget Office (CBO), which is included below.

 STATEMENT REGARDING NEW BUDGET AUTHORITY AND TAX EXPENDITURES BUDGET 
                               AUTHORITY

    In compliance with clause 3(c)(2) of rule XIII of the Rules 
of the House of Representatives, the Committee states that the 
bill involves no new or increased budgetary authority. The 
Committee states further that the bill involves no new or 
increased tax expenditures.

      B. COST ESTIMATE PREPARED BY THE CONGRESSIONAL BUDGET OFFICE

    In compliance with clause 3(c)(3) of rule XIII of the Rules 
of the House of Representatives, requiring a cost estimate 
prepared by the CBO, the following statement by CBO is 
provided.

                                     U.S. Congress,
                               Congressional Budget Office,
                                Washington, DC, September 19, 2011.
Hon. Dave Camp,
Chairman, Committee on Ways and Means,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 2883, the Child 
and Family Services Improvement and Innovation Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Jonathan 
Morancy,
            Sincerely,
                                      Douglas W. Elmendorf,
                                                          Director.
    Enclosure.

H.R. 2883--Child and Family Services Improvement and Innovation Act

    Summary: H.R. 2883 would make numerous modifications to 
various federal child welfare programs. The bill would modify 
two programs (the Stephanie Tubbs Jones Child Welfare Services 
Program and the Safe and Stable Families program) and 
reauthorize the programs for five years.
    The bill also would authorize the appropriation of $345 
million a year in mandatory funds from 2012 through 2016 for 
the Safe and Stable Families program, but that funding is 
already assumed in CBO's baseline. Finally, H.R. 2883 would 
reauthorize the child welfare waivers in section 1130 of the 
Social Security Act from 2012 through 2014.
    CBO estimates that implementing H.R. 2883 would have a 
discretionary cost of about $2.1 billion over the 2012-2016 
period, assuming appropriation of the authorized amounts.
    Because enacting the legislation could affect direct 
spending, pay-as-you-go procedures apply; however, CBO 
estimates the legislation would have an insignificant effect on 
direct spending. Enacting the bill would not affect revenues.
    H.R. 2883 would impose intergovernmental mandates as 
defined in the Unfunded Mandates Reform Act (UMRA) because it 
would increase the stringency of conditions of assistance under 
the Foster Care and Adoption Assistance Programs. CB0 
estimates, however, that the costs to state and local 
governments to comply with the mandates would be small and not 
exceed the threshold established in UMRA ($71 million in 2011, 
as adjusted by inflation). The bill contains no new private-
sector mandates as defined in UMRA.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of H.R. 2883 is shown in the following table. 
The costs of this legislation fall within budget functions 500 
(education, training, employment, and social services) and 600 
(income security).

----------------------------------------------------------------------------------------------------------------
                                                               By fiscal year, in millions of dollars--
                                                    ------------------------------------------------------------
                                                       2012      2013      2014      2015      2016    2012-2016
----------------------------------------------------------------------------------------------------------------
                                 CHANGES IN SPENDING SUBJECT TO APPROPRIATIONab

Child Welfare Services Program:
    Authorization Level............................       325       325       325       325       325      1,625
    Estimated Outlays..............................       111       270       312       315       315      1,323
Safe and Stable Families:
    Authorization Level............................       200       200       200       200       200      1,000
    Estimated Outlays..............................        64       168       196       198       200        826
Total Changes:
    Authorization Level............................       525       525       525       525       525      2,625
    Estimated Outlays..............................       175       438       508       513       515     2,149
----------------------------------------------------------------------------------------------------------------
aTitle II would reauthorize section 1130 of the Social Security Act. That section requires any waivers approved
  by the Secretary of Health and Human Services to be cost neutral over the approved term of the project or some
  other time period as the Secretary finds appropriate. CHO expects that although this provision would not have
  a significant budgetary effect over the course of the waivers, the costs during any given year could be
  slightly higher or lower than zero.
bSection 102 authorizes the appropriation of $345 million per year in mandatory funds from 2012 to 2016 for the
  Safe and Stable Families program. That level of funding is already assumed in CBO's baseline.

    Basis of estimate: For the purposes of this estimate, CBO 
assumes H.R. 2883 will be enacted early in fiscal year 2012, 
that the full amounts authorized will be appropriated for each 
year, and that outlays will follow historical patterns.

                   SPENDING SUBJECT TO APPROPRIATION

    H.R. 2883 would authorize the appropriation of $325 million 
each year from 2012 through 2016 for the Stephanie Tubbs Jones 
Child Welfare Services Program and $200 million per year from 
2012 through 2016 for the Safe and Stable Families program. The 
authorizations for both programs expire at the end of fiscal 
year 2011. In 2011, the Congress appropriated $282 million for 
Child Welfare Services and $63 million for Safe and Stable 
Families. CBO estimates that implementing these provisions 
would have a discretionary cost of $2.1 billion over the 2012-
2016 period, assuming appropriation of the authorized amounts.

                            DIRECT SPENDING

    H.R. 2883 would authorize the appropriation of $345 million 
per year in mandatory funds from 2012 through 2016 for the Safe 
and Stable Families program. Consistent with the budget 
projection rules in section 257 of the Balanced Budget and 
Emergency Deficit Control Act, the costs of extending the 
mandatory component of the Safe and Stable Families program are 
included in CBO's baseline and are therefore not included in 
the costs attributable to this bill. CBO estimates those costs 
would total about $1.4 billion over the 2012-2016 period.
    The bill also would reauthorize the child welfare waiver 
program in section 1130 of the Social Security Act. Current law 
requires that any waivers a state engages in be cost neutral 
over the approved term of the project or some other time period 
as the Secretary of Health and Human Services finds 
appropriate. The department has mechanisms in place to ensure 
that this cost neutrality is maintained and CBO thinks those 
mechanisms are effective. Thus, CBO expects that reauthorizing 
this waiver program would have no significant effect on direct 
spending, though there could be costs or savings in any given 
year.
    Pay-As-You-Go considerations: The Statutory Pay-As-You-Go 
Act of 2010 establishes budget reporting and enforcement 
procedures for legislation affecting direct spending or 
revenues. Because enacting the bill could affect direct 
spending, pay-as-you-go procedures apply. Relative to the 
baseline, however, CBO estimates that enacting the bill would 
have an insignificant effect on direct spending in every year 
and over the 2011-2021 period.
    Estimated impact on state, local, and tribal governments: 
For large entitlement programs like the Foster Care and 
Adoption Assistance Programs, UMRA defines an increase in the 
stringency of conditions as an intergovernmental mandate if the 
affected governments lack authority to offset those costs while 
continuing to provide required services. The bill would require 
states to comply with new standards for reporting spending on 
adoption services and for assisting youth in foster care with 
identifying and resolving inaccuracies in their consumer credit 
reports. Because states and local governments have limited 
flexibility to amend their programmatic or financial 
responsibilities in those programs, the new requirements would 
be intergovernmental mandates. In aggregate, CBO estimates that 
the costs to governmental entities would be small and not 
exceed the annual threshold established in UMRA ($71 million in 
2011, adjusted annually for inflation).
    Estimated impact on the private sector: H.R. 2883 contains 
no new private-sector mandates as defined in UMRA.
    Estimate prepared by: Federal Costs: Jonathan Morancy; 
Impact on State, Local, and Tribal Governments: Lisa Ramirez-
Branum; Impact on the Private Sector: Jimmy Jin.
    Estimate approved by: Peter H. Fontaine, Assistant Director 
for Budget Analysis.

   V. Other Matters To Be Discussed Under the Rules of the House of 
                            Representatives

          A. COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

    With respect to clause 3(c)(1) of rule XIII of the Rules of 
the House of Representatives (relating to oversight findings), 
the Committee concluded that it was appropriate and timely to 
enact the sections included in the bill, as reported.

        B. STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES

    With respect to clause 3(c)(4) of rule XIII of the Rules of 
the House of Representatives, the Committee advises that the 
bill contains no measure that authorizes new or additional 
funding compared with the current law baseline, so no statement 
of general performance goals and objectives for which any 
measure authorizes funding is required.

              C. INFORMATION RELATING TO UNFUNDED MANDATES

    This information is provided in accordance with section 423 
of the Unfunded Mandates Reform Act of 1995 (Pub. L. No. 104-
4).
    The Committee has determined that the revenue provisions of 
the bill do not impose a Federal mandate on the private sector. 
The Committee has determined that the revenue provisions of the 
bill do not impose a Federal intergovernmental mandate on 
State, local, or tribal governments.

                D. APPLICABILITY OF HOUSE RULE XXI 5(B)

    Clause 5(b) of rule XXI of the Rules of the House of 
Representatives provides, in part, that ``A bill or joint 
resolution, amendment, or conference report carrying a Federal 
income tax rate increase may not be considered as passed or 
agreed to unless so determined by a vote of not less than 
three-fifths of the Members voting, a quorum being present.'' 
The Committee has carefully reviewed the sections of the bill, 
and states that the bill does not involve any Federal income 
tax rate increases within the meaning of the rule.

  E. CONGRESSIONAL EARMARKS, LIMITED TAX BENEFITS, AND LIMITED TARIFF 
                                BENEFITS

    With respect to clause 9 of rule XXI of the Rules of the 
House of Representatives, the Committee has carefully reviewed 
the provision of the bill, and states that the provisions of 
the bill do not contain any congressional earmarks, limited tax 
benefits, or limited tariff benefits within the meaning of the 
rule.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

SOCIAL SECURITY ACT

           *       *       *       *       *       *       *

TITLE IV--GRANTS TO STATES FOR AID AND SERVICES TO NEEDY FAMILIES WITH 
CHILDREN AND FOR CHILD-WELFARE SERVICES

           *       *       *       *       *       *       *

                   PART B--CHILD AND FAMILY SERVICES

Subpart 1--Stephanie Tubbs Jones Child Welfare Services Program

           *       *       *       *       *       *       *

                 STATE PLANS FOR CHILD WELFARE SERVICES

  Sec. 422. (a) * * *
  (b) Each plan for child welfare services under this subpart 
shall--
          (1) * * *

           *       *       *       *       *       *       *

          (15)(A) provides that the State will develop, in 
        coordination and collaboration with the State agency 
        referred to in paragraph (1) and the State agency 
        responsible for administering the State plan approved 
        under title XIX, and in consultation with 
        pediatricians, other experts in health care, and 
        experts in and recipients of child welfare services, a 
        plan for the ongoing oversight and coordination of 
        health care services for any child in a foster care 
        placement, which shall ensure a coordinated strategy to 
        identify and respond to the health care needs of 
        children in foster care placements, including mental 
        health and dental health needs, and shall include an 
        outline of--
                          (i) * * *
                          (ii) how health needs identified 
                        through screenings will be monitored 
                        and treated, including emotional trauma 
                        associated with a child's maltreatment 
                        and removal from home;

           *       *       *       *       *       *       *

                          (v) the oversight of prescription 
                        medicines, including protocols for the 
                        appropriate use and monitoring of 
                        psychotropic medications;

           *       *       *       *       *       *       *

          (16) provide that, not later than 1 year after the 
        date of the enactment of this paragraph, the State 
        shall have in place procedures providing for how the 
        State programs assisted under this subpart, subpart 2 
        of this part, or part E would respond to a disaster, in 
        accordance with criteria established by the Secretary 
        which should include how a State would--
                  (A) * * *

           *       *       *       *       *       *       *

                  (E) coordinate services and share information 
                with other States; [and]
          (17) not later than October 1, 2007, describe the 
        State standards for the content and frequency of 
        caseworker visits for children who are in foster care 
        under the responsibility of the State, which, at a 
        minimum, ensure that the children are visited on a 
        monthly basis and that the caseworker visits are well-
        planned and focused on issues pertinent to case 
        planning and service delivery to ensure the safety, 
        permanency, and well-being of the children[.]; 
          (18) include a description of the activities that the 
        State has undertaken to reduce the length of time 
        children who have not attained 5 years of age are 
        without a permanent family, and the activities the 
        State undertakes to address the developmental needs of 
        such children who receive benefits or services under 
        this part or part E; and
          (19) contain a description of the sources used to 
        compile information on child maltreatment deaths 
        required by Federal law to be reported by the State 
        agency referred to in paragraph (1), and to the extent 
        that the compilation does not include information on 
        such deaths from the State vital statistics department, 
        child death review teams, law enforcement agencies, or 
        offices of medical examiners or coroners, the State 
        shall describe why the information is not so included 
        and how the State will include the information.

           *       *       *       *       *       *       *

                          ALLOTMENTS TO STATES

  Sec. 423. (a) * * *
  (b) Determination of State Allotment Percentages.--The 
``allotment percentage'' for any State shall be 100 [per 
centum] percent less the State percentage; and the State 
percentage shall be the percentage which bears the same ratio 
to 50 [per centum] percent as the per capita income of such 
State bears to the per capita income of the United States; 
except that (1) the allotment percentage shall in no case be 
less than 30 [per centum] percent or more than 70 [per centum] 
percent, and (2) the allotment percentage shall be 70 [per 
centum] percent in the case of Puerto Rico, the Virgin Islands, 
Guam, and American Samoa.

           *       *       *       *       *       *       *

                           PAYMENT TO STATES

  Sec. 424. (a) * * *

           *       *       *       *       *       *       *

  [(e)(1) The Secretary may not make a payment to a State under 
this subpart for a period in fiscal year 2008, unless the State 
has provided to the Secretary data which shows, for fiscal year 
2007--
          [(A) the percentage of children in foster care under 
        the responsibility of the State who were visited on a 
        monthly basis by the caseworker handling the case of 
        the child; and
          [(B) the percentage of the visits that occurred in 
        the residence of the child.
  [(2)(A) Based on the data provided by a State pursuant to 
paragraph (1), the Secretary, in consultation with the State, 
shall establish, not later than June 30, 2008, an outline of 
the steps to be taken to ensure, by October 1, 2011, that at 
least 90 percent of the children in foster care under the 
responsibility of the State are visited by their caseworkers on 
a monthly basis, and that the majority of the visits occur in 
the residence of the child. The outline shall include target 
percentages to be reached each fiscal year, and should include 
a description of how the steps will be implemented. The steps 
may include activities designed to improve caseworker 
retention, recruitment, training, and ability to access the 
benefits of technology.
  [(B) Beginning October 1, 2008, if the Secretary determines 
that a State has not made the requisite progress in meeting the 
goal described in subparagraph (A) of this paragraph, then the 
percentage that shall apply for purposes of subsection (a) of 
this section for the period involved shall be the percentage 
set forth in such subsection (a) reduced by--
          [(i) 1, if the number of full percentage points by 
        which the State fell short of the target percentage 
        established for the State for the period pursuant to 
        such subparagraph is less than 10;
          [(ii) 3, if the number of full percentage points by 
        which the State fell short, as described in clause (i), 
        is not less than 10 and less than 20; or
          [(iii) 5, if the number of full percentage points by 
        which the State fell short, as described in clause (i), 
        is not less than 20.]
  (f)(1)(A) Each State shall take such steps as are necessary 
to ensure that the total number of visits made by caseworkers 
on a monthly basis to children in foster care under the 
responsibility of the State during a fiscal year is not less 
than 90 percent (or, in the case of fiscal year 2015 or 
thereafter, 95 percent) of the total number of such visits that 
would occur during the fiscal year if each such child were so 
visited once every month while in such care.
  (B) If the Secretary determines that a State has failed to 
comply with subparagraph (A) for a fiscal year, then the 
percentage that would otherwise apply for purposes of 
subsection (a) for the fiscal year shall be reduced by--
          (i) 1, if the number of full percentage points by 
        which the State fell short of the percentage specified 
        in subparagraph (A) is less than 10;
          (ii) 3, if the number of full percentage points by 
        which the State fell short, as described in clause (i), 
        is not less than 10 and less than 20; or
          (iii) 5, if the number of full percentage points by 
        which the State fell short, as described in clause (i), 
        is not less than 20.
  (2)(A) Each State shall take such steps as are necessary to 
ensure that not less than 50 percent of the total number of 
visits made by caseworkers to children in foster care under the 
responsibility of the State during a fiscal year occur in the 
residence of the child involved.
  (B) If the Secretary determines that a State has failed to 
comply with subparagraph (A) for a fiscal year, then the 
percentage that would otherwise apply for purposes of 
subsection (a) for the fiscal year shall be reduced by--
          (i) 1, if the number of full percentage points by 
        which the State fell short of the percentage specified 
        in subparagraph (A) is less than 10;
          (ii) 3, if the number of full percentage points by 
        which the State fell short, as described in clause (i), 
        is not less than 10 and less than 20; or
          (iii) 5, if the number of full percentage points by 
        which the State fell short, as described in clause (i), 
        is not less than 20.

             LIMITATIONS ON AUTHORIZATION OF APPROPRIATIONS

  Sec. 425. To carry out this subpart (other than sections 426, 
427, and 429), there are authorized to be appropriated to the 
Secretary not more than $325,000,000 for each of fiscal years 
[2007 through 2011] 2012 through 2016.

           *       *       *       *       *       *       *

Subpart 2--Promoting Safe and Stable Families

           *       *       *       *       *       *       *

SEC. 431.   DEFINITIONS.

  (a) In General.--As used in this subpart:
          (1) * * *
          [(2) Family support services.--The term ``family 
        support services'' means community-based services to 
        promote the safety and well-being of children and 
        families designed to increase the strength and 
        stability of families (including adoptive, foster, and 
        extended families), to increase parents' confidence and 
        competence in their parenting abilities, to afford 
        children a safe, stable, and supportive family 
        environment, to strengthen parental relationships and 
        promote healthy marriages, and otherwise to enhance 
        child development.]
          (2) Family support services.--
                  (A) In general.--The term ``family support 
                services'' means community-based services 
                designed to carry out the purposes described in 
                subparagraph (B).
                  (B) Purposes described.--The purposes 
                described in this subparagraph are the 
                following:
                          (i) To promote the safety and well-
                        being of children and families.
                          (ii) To increase the strength and 
                        stability of families (including 
                        adoptive, foster, and extended 
                        families).
                          (iii) To increase parents' confidence 
                        and competence in their parenting 
                        abilities.
                          (iv) To afford children a safe, 
                        stable, and supportive family 
                        environment.
                          (v) To strengthen parental 
                        relationships and promote healthy 
                        marriages.
                          (vi) To enhance child development, 
                        including through mentoring (as defined 
                        in section 439(b)(2)).

           *       *       *       *       *       *       *

          [(5) Tribal organization.--The term ``tribal 
        organization'' means the recognized governing body of 
        any Indian tribe.
          [(6) Indian tribe.--The term ``Indian tribe'' means 
        any Indian tribe (as defined in section 482(i)(5), as 
        in effect before August 22, 1996) and any Alaska Native 
        organization (as defined in section 482(i)(7)(A), as so 
        in effect).]
          (5) Indian tribe.--The term ``Indian tribe'' has the 
        meaning given the term in section 428(c).
          (6) Tribal organization.--The term ``tribal 
        organization'' has the meaning given the term in 
        section 428(c).
          (7) Time-limited family reunification services.--
                  (A) * * *
                  (B) Services and activities described.--The 
                services and activities described in this 
                subparagraph are the following:
                          (i) * * *

           *       *       *       *       *       *       *

                          (vi) Peer-to-peer mentoring and 
                        support groups for parents and primary 
                        caregivers.
                          (vii) Services and activities 
                        designed to facilitate access to and 
                        visitation of children by parents and 
                        siblings.
                          [(vi)] (viii) Transportation to or 
                        from any of the services and activities 
                        described in this subparagraph.

           *       *       *       *       *       *       *

SEC. 432.   STATE PLANS.

  (a) Plan Requirements.--A State plan meets the requirements 
of this subsection if the plan--
          (1) * * *

           *       *       *       *       *       *       *

          (8)(A) * * *
          (B) provides that, not later than June 30 of each 
        year, the State will submit to the Secretary--
                  (i) copies of [forms CFS 101-Part I and CFS 
                101-Part II (or any successor forms)] form CFS-
                101 (including all parts and any successor 
                forms) that report on planned child and family 
                services expenditures by the agency for the 
                immediately succeeding fiscal year; and
                  (ii) copies of [forms CFS 101-Part I and CFS 
                101-Part II (or any successor forms)] form CFS-
                101 (including all parts and any successor 
                forms) that provide, with respect to the 
                programs authorized under this subpart and 
                subpart 1 and, at State option, other programs 
                included on such forms, for the most recent 
                preceding fiscal year for which reporting of 
                actual expenditures is complete--
                          (I) * * *

           *       *       *       *       *       *       *

                          (IV) the actual expenditures of funds 
                        provided to the State agency; [and]
          (9) contains assurances that in administering and 
        conducting service programs under the plan, the safety 
        of the children to be served shall be of paramount 
        concern[.]; and
          (10) describes how the State identifies which 
        populations are at the greatest risk of maltreatment 
        and how services are targeted to the populations.

           *       *       *       *       *       *       *

  [(c) Annual Submission of State Reports to Congress.--The 
Secretary]
  (c) Annual Submission of State Reports to Congress.--
          (1) In general.--The Secretary shall compile the 
        reports required under subsection (a)(8)(B) and, not 
        later than September 30 of each year, submit such 
        compilation to the Committee on Ways and Means of the 
        House of Representatives and the Committee on Finance 
        of the Senate.
          (2) Information to be included.--The compilation 
        shall include the individual State reports and tables 
        that synthesize State information into national totals 
        for each element required to be included in the 
        reports, including planned and actual spending by 
        service category for the program authorized under this 
        subpart and planned spending by service category for 
        the program authorized under subpart 1.
          (3) Public accessibility.--Not later than September 
        30 of each year, the Secretary shall publish the 
        compilation on the website of the Department of Health 
        and Human Services in a location easily accessible by 
        the public.

SEC. 433.   ALLOTMENTS TO STATES.

  (a) * * *

           *       *       *       *       *       *       *

  (c) Other States.--
          (1) * * *
          (2) [Food stamp]  Supplemental nutrition assistance 
        program benefits percentage defined.--
                  (A) In general.--As used in paragraph (1) of 
                this subsection, the term ``supplemental 
                nutrition assistance program benefits 
                percentage'' means, with respect to a State and 
                a fiscal year, the average monthly number of 
                children receiving supplemental nutrition 
                assistance program [benefits benefits] benefits 
                in the State for months in the 3 fiscal years 
                referred to in subparagraph (B) of this 
                paragraph, as determined from sample surveys 
                made under section 16(c) of the Food and 
                Nutrition Act of 2008, expressed as a 
                percentage of the average monthly number of 
                children receiving supplemental nutrition 
                assistance program [benefits benefits] benefits 
                in the States described in such paragraph (1) 
                for months in such 3 fiscal years, as so 
                determined.

           *       *       *       *       *       *       *

SEC. 436.   AUTHORIZATION OF APPROPRIATIONS; RESERVATION OF CERTAIN 
                    AMOUNTS.

  (a) Authorization.--In addition to any amount otherwise made 
available to carry out this subpart, there are authorized to be 
appropriated to carry out this subpart $345,000,000 [for each 
of fiscal years 2007 through 2010] for each of fiscal years 
2012 through 2016.
  (b) Reservation of Certain Amounts.--From the amount 
specified in subsection (a) for a fiscal year, the Secretary 
shall reserve amounts as follows:
          (1) * * *

           *       *       *       *       *       *       *

          (4) Support for monthly caseworker visits.--
                  (A) Reservation.--The Secretary shall reserve 
                for allotment in accordance with section 
                [433(e)--
                          [(i) $5,000,000 for fiscal year 2008;
                          [(ii) $10,000,000 for fiscal year 
                        2009; and
                          [(iii) $20,000,000 for each of fiscal 
                        years 2010 and 2011.] 433(e) 
                        $20,000,000 for each of fiscal years 
                        2012 through 2016.
                  (B) Use of funds.--
                          (i) In general.--A State to which an 
                        amount is paid from amounts reserved 
                        under subparagraph (A) shall use the 
                        amount to [support] improve the quality 
                        of monthly caseworker visits with 
                        children who are in foster care under 
                        the responsibility of the State, with 
                        [a primary emphasis on activities 
                        designed to improve caseworker 
                        retention, recruitment, training, and 
                        ability to access the benefits of 
                        technology.] an emphasis on improving 
                        caseworker decision making on the 
                        safety, permanency, and well-being of 
                        foster children and on activities 
                        designed to increase retention, 
                        recruitment, and training of 
                        caseworkers.

           *       *       *       *       *       *       *

          (5) Regional partnership grants.--The Secretary shall 
        reserve for awarding grants under section [437(f)--
                  [(A) $40,000,000 for fiscal year 2007;
                  [(B) $35,000,000 for fiscal year 2008;
                  [(C) $30,000,000 for fiscal year 2009; and
                  [(D) $20,000,000 for each of fiscal years 
                2010 and 2011.] 437(f) $20,000,000 for each of 
                fiscal years 2012 through 2016.

SEC. 437.   DISCRETIONARY AND TARGETED GRANTS.

  (a) Limitations on Authorization of Appropriations.--In 
addition to any amount appropriated pursuant to section 436, 
there are authorized to be appropriated to carry out this 
section $200,000,000 for each of fiscal years [2007 through 
2011] 2012 through 2016.

           *       *       *       *       *       *       *

  (f) Targeted Grants To Increase the Well-Being of, and To 
Improve the Permanency Outcomes for, Children Affected by 
[Methamphetamine or Other] Substance Abuse.--
          (1) Purpose.--The purpose of this subsection is to 
        authorize the Secretary to make competitive grants to 
        regional partnerships to provide, through interagency 
        collaboration and integration of programs and services, 
        services and activities that are designed to increase 
        the well-being of, improve permanency outcomes for, and 
        enhance the safety of children who are in an out-of-
        home placement or are at risk of being placed in an 
        out-of-home placement as a result of a parent's or 
        caretaker's [methamphetamine or other] substance abuse.

           *       *       *       *       *       *       *

          (3) Authority to award grants.--
                  (A) In general.--In addition to amounts 
                authorized to be appropriated to carry out this 
                section, the Secretary shall award grants under 
                this subsection, from the amounts reserved for 
                each of fiscal years [2007 through 2011] 2012 
                through 2016 under section 436(b)(5), to 
                regional partnerships that satisfy the 
                requirements of this subsection, in amounts 
                that are not less than $500,000 and not more 
                than $1,000,000 per grant per fiscal year.
                  [(B) Required minimum period of approval.--A 
                grant shall be awarded under this subsection 
                for a period of not less than 2, and not more 
                than 5, fiscal years.]
                  (B) Required minimum period of approval.--
                          (i) In general.--A grant shall be 
                        awarded under this subsection for a 
                        period of not less than 2, and not more 
                        than 5, fiscal years, subject to clause 
                        (ii).
                          (ii) Extension of grant.--On 
                        application of the grantee, the 
                        Secretary may extend for not more than 
                        2 fiscal years the period for which a 
                        grant is awarded under this subsection.
                  (C) Multiple grants allowed.--This subsection 
                shall not be interpreted to prevent a grantee 
                from applying for, or being awarded, separate 
                grants under this subsection.
          (4) Application requirements.--To be eligible for a 
        grant under this subsection, a regional partnership 
        shall submit to the Secretary a written application 
        containing the following:
                  (A) Recent evidence demonstrating that 
                [methamphetamine or other] substance abuse has 
                had a substantial impact on the number of out-
                of-home placements for children, or the number 
                of children who are at risk of being placed in 
                an out-of-home placement, in the partnership 
                region.

           *       *       *       *       *       *       *

          (6) Matching requirement.--
                  (A) Federal share.--A grant awarded under 
                this subsection shall be available to pay a 
                percentage share of the costs of services 
                provided or activities conducted under such 
                grant, not to exceed--
                          (i) * * *
                          (ii) 80 percent for the third and 
                        fourth such fiscal years; [and]
                          (iii) 75 percent for the fifth such 
                        fiscal year[.];
                          (iv) 70 percent for the sixth such 
                        fiscal year; and
                          (v) 65 percent for the seventh such 
                        fiscal year.

           *       *       *       *       *       *       *

          (7) Considerations in awarding grants.--In awarding 
        grants under this subsection, the Secretary [shall--
                  [(A) take] shall take into consideration the 
                extent to which applicant regional 
                partnerships--
                  [(i)] (A) demonstrate that [methamphetamine 
                or other] substance abuse by parents or 
                caretakers has had a substantial impact on the 
                number of out-of-home placements for children, 
                or the number of children who are at risk of 
                being placed in an out-of-home placement, in 
                the partnership region;
                  [(ii)] (B) have limited resources for 
                addressing the needs of children affected by 
                such abuse;
                  [(iii)] (C) have a lack of capacity for, or 
                access to, comprehensive family treatment 
                services; and
                  [(iv)] (D) demonstrate a plan for sustaining 
                the services provided by or activities funded 
                under the grant after the conclusion of the 
                grant period[; and].
                  [(B) after taking such factors into 
                consideration, give greater weight to awarding 
                grants to regional partnerships that propose to 
                address methamphetamine abuse and addiction in 
                the partnership region (alone or in combination 
                with other drug abuse and addiction) and which 
                demonstrate that methamphetamine abuse and 
                addiction (alone or in combination with other 
                drug abuse and addiction) is adversely 
                affecting child welfare in the partnership 
                region.]

           *       *       *       *       *       *       *

          (9) Reports.--
                  (A) * * *
                  (B) Reports to congress.--On the basis of the 
                reports submitted under subparagraph (A), the 
                Secretary annually shall submit to the 
                Committee on Ways and Means of the House of 
                Representatives and the Committee on Finance of 
                the Senate a report on--
                          (i) * * *

           *       *       *       *       *       *       *

                          (iii) the progress that has been made 
                        in addressing the needs of families 
                        with [methamphetamine or other] 
                        substance abuse problems who come to 
                        the attention of the child welfare 
                        system and in achieving the goals of 
                        child safety, permanence, and family 
                        stability.
          (10) Limitation on use of funds for administrative 
        expenses of the secretary.--Not more than 5 percent of 
        the amounts appropriated or reserved for awarding 
        grants under this subsection for each of fiscal years 
        2012 through 2016 may be used by the Secretary for 
        salaries and Department of Health and Human Services 
        administrative expenses in administering this 
        subsection.

SEC. 438.   ENTITLEMENT FUNDING FOR STATE COURTS TO ASSESS AND IMPROVE 
                    HANDLING OF PROCEEDINGS RELATING TO FOSTER CARE AND 
                    ADOPTION.

  (a) In General.--The Secretary shall make grants, in 
accordance with this section, to the highest State courts in 
States participating in the program under part E, for the 
purpose of enabling such courts--
          (1) * * *
          (2) to implement improvements the highest state 
        courts deem necessary as a result of the assessments, 
        including--
                  (A) to provide for the safety, well-being, 
                and permanence of children in foster care, as 
                set forth in the Adoption and Safe Families Act 
                of 1997 (Public Law 105-89)[; and], including 
                the requirements in the Act related to 
                concurrent planning;
                  (B) to implement a corrective action plan, as 
                necessary, resulting from reviews of child and 
                family service programs under section 1123A of 
                this Act; and
                  (C) to increase and improve engagement of the 
                entire family in court processes relating to 
                child welfare, family preservation, family 
                reunification, and adoption;

           *       *       *       *       *       *       *

          (4)(A) to provide for the training of judges, 
        attorneys and other legal personnel in child welfare 
        cases[.]; and
          (B) to increase and improve engagement of the entire 
        family in court processes relating to child welfare, 
        family preservation, family reunification, and 
        adoption.
  (b) Applications.--
          (1) * * *
          [(2) Separate applications.--A highest State court 
        desiring grants under this section for 2 or more 
        purposes shall submit separate applications for the 
        following grants:
                  [(A) A grant for the purposes described in 
                paragraphs (1) and (2) of subsection (a).
                  [(B) A grant for the purpose described in 
                subsection (a)(3).
                  [(C) A grant for the purpose described in 
                subsection (a)(4).]
          (2) Single grant application.--Pursuant to the 
        requirements under paragraph (1) of this subsection, a 
        highest State court desiring a grant under this section 
        shall submit a single application to the Secretary that 
        specifies whether the application is for a grant for--
                  (A) the purposes described in paragraphs (1) 
                and (2) of subsection (a);
                  (B) the purpose described in subsection 
                (a)(3);
                  (C) the purpose described in subsection 
                (a)(4); or
                  (D) the purposes referred to in 2 or more 
                (specifically identified) of subparagraphs (A), 
                (B), and (C) of this paragraph.
  [(c) Allotments.--
          [(1) Grants to assess and improve handling of court 
        proceedings relating to foster care and adoption.--
                  [(A) In general.--Each highest State court 
                which has an application approved under 
                subsection (b) of this section for a grant 
                described in subsection (b)(2)(A) of this 
                section, and is conducting assessment and 
                improvement activities in accordance with this 
                section, shall be entitled to payment, for each 
                of fiscal years 2002 through 2011, from the 
                amount reserved pursuant to section 436(b)(2) 
                (and the amount, if any, reserved pursuant to 
                section 437(b)(2)), of an amount equal to the 
                sum of $85,000 plus the amount described in 
                subparagraph (B) of this paragraph for the 
                fiscal year.
                  [(B) Formula.--The amount described in this 
                subparagraph for any fiscal year is the amount 
                that bears the same ratio to the amount 
                reserved pursuant to section 436(b)(2) (and the 
                amount, if any, reserved pursuant to section 
                437(b)(2)) for the fiscal year (reduced by the 
                dollar amount specified in subparagraph (A) of 
                this paragraph for the fiscal year) as the 
                number of individuals in the State who have not 
                attained 21 years of age bears to the total 
                number of such individuals in all States the 
                highest State courts of which have approved 
                applications under subsection (b) for such a 
                grant.
          [(2) Grants for improved data collection and 
        training.--
                  [(A) In general.--Each highest State court 
                which has an application approved under 
                subsection (b) of this section for a grant 
                referred to in subparagraph (B) or (C) of 
                subsection (b)(2) shall be entitled to payment, 
                for each of fiscal years 2006 through 2011, 
                from the amount made available under whichever 
                of paragraph (1) or (2) of subsection (e) 
                applies with respect to the grant, of an amount 
                equal to the sum of $85,000 plus the amount 
                described in subparagraph (B) of this paragraph 
                for the fiscal year with respect to the grant.
                  [(B) Formula.--The amount described in this 
                subparagraph for any fiscal year with respect 
                to a grant referred to in subparagraph (B) or 
                (C) of subsection (b)(2) is the amount that 
                bears the same ratio to the amount made 
                available under subsection (e) for such a grant 
                (reduced by the dollar amount specified in 
                subparagraph (A) of this paragraph) as the 
                number of individuals in the State who have not 
                attained 21 years of age bears to the total 
                number of such individuals in all States the 
                highest State courts of which have approved 
                applications under subsection (b) for such a 
                grant.]
  (c) Amount of Grant.--
          (1) In general.--With respect to each of 
        subparagraphs (A), (B), and (C) of subsection (b)(2) 
        that refers to 1 or more grant purposes for which an 
        application of a highest State court is approved under 
        this section, the court shall be entitled to payment, 
        for each of fiscal years 2012 through 2016, from the 
        amount allocated under paragraph (3) of this subsection 
        for grants for the purpose or purposes, of an amount 
        equal to $85,000 plus the amount described in paragraph 
        (2) of this subsection with respect to the purpose or 
        purposes.
          (2) Amount described.--The amount described in this 
        paragraph for any fiscal year with respect to the 
        purpose or purposes referred to in a subparagraph of 
        subsection (b)(2) is the amount that bears the same 
        ratio to the total of the amounts allocated under 
        paragraph (3) of this subsection for grants for the 
        purpose or purposes as the number of individuals in the 
        State who have not attained 21 years of age bears to 
        the total number of such individuals in all States the 
        highest State courts of which have approved 
        applications under this section for grants for the 
        purpose or purposes.
          (3) Allocation of funds.--
                  (A) Mandatory funds.--Of the amounts reserved 
                under section 436(b)(2) for any fiscal year, 
                the Secretary shall allocate--
                          (i) $9,000,000 for grants for the 
                        purposes described in paragraphs (1) 
                        and (2) of subsection (a);
                          (ii) $10,000,000 for grants for the 
                        purpose described in subsection (a)(3);
                          (iii) $10,000,000 for grants for the 
                        purpose described in subsection (a)(4); 
                        and
                          (iv) $1,000,000 for grants to be 
                        awarded on a competitive basis among 
                        the highest courts of Indian tribes or 
                        tribal consortia that--
                                  (I) are operating a program 
                                under part E, in accordance 
                                with section 479B;
                                  (II) are seeking to operate a 
                                program under part E and have 
                                received an implementation 
                                grant under section 476; or
                                  (III) has a court responsible 
                                for proceedings related to 
                                foster care or adoption.
                  (B) Discretionary funds.--The Secretary shall 
                allocate all of the amounts reserved under 
                section 437(b)(2) for grants for the purposes 
                described in paragraphs (1) and (2) of 
                subsection (a).
  (d) Federal Share.--Each highest State court which receives 
funds paid under this section may use such funds to pay not 
more than 75 percent of the cost of activities under this 
section in each of fiscal years [2002 through 2011] 2012 
through 2016.

           *       *       *       *       *       *       *

                      Subpart 3--Common Provisions

SEC. 440.   DATA STANDARDIZATION FOR IMPROVED DATA MATCHING.

  (a) Standard Data Elements.--
          (1) Designation.--The Secretary, in consultation with 
        an interagency work group established by the Office of 
        Management and Budget, and considering State 
        perspectives, shall, by rule, designate standard data 
        elements for any category of information required to be 
        reported under this part.
          (2) Data elements must be nonproprietary and 
        interoperable.--The standard data elements designated 
        under paragraph (1) shall, to the extent practicable, 
        be nonproprietary and interoperable.
          (3) Other requirements.--In designating standard data 
        elements under this subsection, the Secretary shall, to 
        the extent practicable, incorporate--
                  (A) interoperable standards developed and 
                maintained by an international voluntary 
                consensus standards body, as defined by the 
                Office of Management and Budget, such as the 
                International Organization for Standardization;
                  (B) interoperable standards developed and 
                maintained by intergovernmental partnerships, 
                such as the National Information Exchange 
                Model; and
                  (C) interoperable standards developed and 
                maintained by Federal entities with authority 
                over contracting and financial assistance, such 
                as the Federal Acquisition Regulatory Council.
  (b) Data Standards for Reporting.--
          (1) Designation.--The Secretary, in consultation with 
        an interagency work group established by the Office of 
        Management and Budget, and considering State government 
        perspectives, shall, by rule, designate data reporting 
        standards to govern the reporting required under this 
        part.
          (2) Requirements.--The data reporting standards 
        required by paragraph (1) shall, to the extent 
        practicable--
                  (A) incorporate a widely-accepted, non-
                proprietary, searchable, computer-readable 
                format;
                  (B) be consistent with and implement 
                applicable accounting principles; and
                  (C) be capable of being continually upgraded 
                as necessary.
          (3) Incorporation of nonproprietary standards.--In 
        designating reporting standards under this subsection, 
        the Secretary shall, to the extent practicable, 
        incorporate existing nonproprietary standards, such as 
        the eXtensible Business Reporting Language.

           *       *       *       *       *       *       *

Part E--Federal Payments for Foster Care and Adoption Assistance

           *       *       *       *       *       *       *

              ADOPTION AND GUARDIANSHIP ASSISTANCE PROGRAM

  Sec. 473. (a)(1) * * *

           *       *       *       *       *       *       *

  (8) A State shall spend an amount equal to the amount of 
savings (if any) in State expenditures under this part 
resulting from the application of paragraph (2)(A)(ii) to all 
applicable children for a fiscal year to provide to children or 
families any service (including post-adoption services) that 
may be provided under this part or part B, and shall document 
how such amounts are spent, including on post-adoption 
services.

           *       *       *       *       *       *       *

                              DEFINITIONS

  Sec. 475. As used in this part or part B of this title:
          (1) The term ``case plan'' means a written document 
        which includes at least the following:
                  (A) * * *

           *       *       *       *       *       *       *

                  (G) A plan for ensuring the educational 
                stability of the child while in foster care, 
                including--
                          (i) assurances that [the placement] 
                        each placement of the child in foster 
                        care takes into account the 
                        appropriateness of the current 
                        educational setting and the proximity 
                        to the school in which the child is 
                        enrolled at the time of placement; and
                          (ii)(I) an assurance that the State 
                        agency has coordinated with appropriate 
                        local educational agencies (as defined 
                        under section 9101 of the Elementary 
                        and Secondary Education Act of 1965) to 
                        ensure that the child remains in the 
                        school in which the child is enrolled 
                        at the time of each placement; or

           *       *       *       *       *       *       *

          (5) The term ``case review system'' means a procedure 
        for assuring that--
                  (A) * * *

           *       *       *       *       *       *       *

                  (G) the foster parents (if any) of a child 
                and any preadoptive parent or relative 
                providing care for the child are provided with 
                notice of, and a right to be heard in, any 
                proceeding to be held with respect to the 
                child, except that this subparagraph shall not 
                be construed to require that any foster parent, 
                preadoptive parent, or relative providing care 
                for the child be made a party to such a 
                proceeding solely on the basis of such notice 
                and right to be heard; [and]
                  (H) during the 90-day period immediately 
                prior to the date on which the child will 
                attain 18 years of age, or such greater age as 
                the State may elect under paragraph 
                (8)(B)(iii), whether during that period foster 
                care maintenance payments are being made on the 
                child's behalf or the child is receiving 
                benefits or services under section 477, a 
                caseworker on the staff of the State agency, 
                and, as appropriate, other representatives of 
                the child provide the child with assistance and 
                support in developing a transition plan that is 
                personalized at the direction of the child, 
                includes specific options on housing, health 
                insurance, education, local opportunities for 
                mentors and continuing support services, and 
                work force supports and employment services, 
                and is as detailed as the child may elect[.]; 
                and
                  (I) each child in foster care under the 
                responsibility of the State who has attained 16 
                years of age receives without cost a copy of 
                any consumer report (as defined in section 
                603(d) of the Fair Credit Reporting Act) 
                pertaining to the child each year until the 
                child is discharged from care, and receives 
                assistance (including, when feasible, from any 
                court-appointed advocate for the child) in 
                interpreting and resolving any inaccuracies in 
                the report.

           *       *       *       *       *       *       *

SEC. 479A.   ANNUAL REPORT.

   The Secretary, in consultation with Governors, State 
legislatures, State and local public officials responsible for 
administering child welfare programs, and child welfare 
advocates, shall--
          (1) * * *

           *       *       *       *       *       *       *

          (6) include in the report submitted pursuant to 
        paragraph (5) for fiscal year 2007 or any succeeding 
        fiscal year, State-by-State data on--
                  (A) the percentage of children in foster care 
                under the responsibility of the State who were 
                visited on a monthly basis by the caseworker 
                handling the case of the child; [and]
                  (B) the total number of visits made by 
                caseworkers on a monthly basis to children in 
                foster care under the responsibility of the 
                State during a fiscal year as a percentage of 
                the total number of the visits that would occur 
                during the fiscal year if each child were so 
                visited once every month while in such care; 
                and
                  [(B)] (C) the percentage of the visits that 
                occurred in the residence of the child.

           *       *       *       *       *       *       *

     TITLE XI--GENERAL PROVISIONS, PEER REVIEW, AND ADMINISTRATIVE 
                             SIMPLIFICATION

Part A--General Provisions

           *       *       *       *       *       *       *

                         DEMONSTRATION PROJECTS

  Sec. 1130. (a) Authority To Approve Demonstration Projects.--
          (1) * * *
          [(2) Limitation.--The Secretary may authorize not 
        more than 10 demonstration projects under paragraph (1) 
        in each of fiscal years 1998 through 2003.
          [(3) Certain types of proposals required to be 
        considered.--
                  [(A) If an appropriate application therefor 
                is submitted, the Secretary shall consider 
                authorizing a demonstration project which is 
                designed to identify and address barriers that 
                result in delays to adoptive placements for 
                children in foster care.
                  [(B) If an appropriate application therefor 
                is submitted, the Secretary shall consider 
                authorizing a demonstration project which is 
                designed to identify and address parental 
                substance abuse problems that endanger children 
                and result in the placement of children in 
                foster care, including through the placement of 
                children with their parents in residential 
                treatment facilities (including residential 
                treatment facilities for post-partum 
                depression) that are specifically designed to 
                serve parents and children together in order to 
                promote family reunification and that can 
                ensure the health and safety of the children in 
                such placements.
                  [(C) If an appropriate application therefor 
                is submitted, the Secretary shall consider 
                authorizing a demonstration project which is 
                designed to address kinship care.]
          (2) Limitation.--During fiscal years 2012 through 
        2014, the Secretary may authorize demonstration 
        projects described in paragraph (1), with not more than 
        10 demonstration projects to be authorized in each 
        fiscal year.
          (3) Conditions for state eligibility.--For purposes 
        of a new demonstration project under this section that 
        is initially approved in any of fiscal years 2012 
        through 2014, a State shall be authorized to conduct 
        such demonstration project only if the State satisfies 
        the following conditions:
                  (A) Identify 1 or more goals.--
                          (i) In general.--The State shall 
                        demonstrate that the demonstration 
                        project is designed to accomplish 1 or 
                        more of the following goals:
                                  (I) Increase permanency for 
                                all infants, children, and 
                                youth by reducing the time in 
                                foster placements when possible 
                                and promoting a successful 
                                transition to adulthood for 
                                older youth.
                                  (II) Increase positive 
                                outcomes for infants, children, 
                                youth, and families in their 
                                homes and communities, 
                                including tribal communities, 
                                and improve the safety and 
                                well-being of infants, 
                                children, and youth.
                                  (III) Prevent child abuse and 
                                neglect and the re-entry of 
                                infants, children, and youth 
                                into foster care.
                          (ii) Long-term therapeutic family 
                        treatment centers; addressing domestic 
                        violence.--With respect to a 
                        demonstration project that is designed 
                        to accomplish 1 or more of the goals 
                        described in clause (i), the State may 
                        elect to establish a program--
                                  (I) to permit foster care 
                                maintenance payments to be made 
                                under part E of title IV to a 
                                long-term therapeutic family 
                                treatment center (as described 
                                in paragraph (8)(B)) on behalf 
                                of a child residing in the 
                                center; or
                                  (II) to identify and address 
                                domestic violence that 
                                endangers children and results 
                                in the placement of children in 
                                foster care.
                  (B) Demonstrate readiness.--The State shall 
                demonstrate through a narrative description the 
                State's capacity to effectively use the 
                authority to conduct a demonstration project 
                under this section by identifying changes the 
                State has made or plans to make in policies, 
                procedures, or other elements of the State's 
                child welfare program that will enable the 
                State to successfully achieve the goal or goals 
                of the project.
                  (C) Demonstrate implemented or planned child 
                welfare program improvement policies.--
                          (i) In general.--The State shall 
                        demonstrate that the State has 
                        implemented, or plans to implement 
                        within 3 years of the date on which the 
                        State submits its application to 
                        conduct the demonstration project or 2 
                        years after the date on which the 
                        Secretary approves such demonstration 
                        project (whichever is later), at least 
                        2 of the child welfare program 
                        improvement policies described in 
                        paragraph (7).
                          (ii) Previous implementation.--For 
                        purposes of the requirement described 
                        in clause (i), at least 1 of the child 
                        welfare program improvement policies to 
                        be implemented by the State shall be a 
                        policy that the State has not 
                        previously implemented as of the date 
                        on which the State submits an 
                        application to conduct the 
                        demonstration project.
                          (iii) Implementation review.--The 
                        Secretary may terminate the authority 
                        of a State to conduct a demonstration 
                        project under this section if, after 
                        the 3-year period following approval of 
                        the demonstration project, the State 
                        has not made significant progress in 
                        implementing the child welfare program 
                        improvement policies proposed by the 
                        State under clause (i).

           *       *       *       *       *       *       *

          (5) Requirement to consider effect of project on 
        terms and conditions of certain court orders.--In 
        considering an application to conduct a demonstration 
        project under this section that has been submitted by a 
        State in which there is in effect a court order 
        determining that the State's child welfare program has 
        failed to comply with the provisions of part B or E of 
        title IV, or with the Constitution of the United 
        States, the Secretary shall take into consideration the 
        effect of approving the proposed project on the terms 
        and conditions of the court order related to the 
        failure to comply and the ability of the State to 
        implement a corrective action plan approved under 
        section 1123A.
          (6) Inapplicability of random assignment for control 
        groups as a factor for approval of demonstration 
        projects.--For purposes of evaluating an application to 
        conduct a demonstration project under this section, the 
        Secretary shall not take into consideration whether 
        such project requires random assignment of children and 
        families to groups served under the project and to 
        control groups.
          (7) Child welfare program improvement policies.--For 
        purposes of paragraph (3)(C), the child welfare program 
        improvement policies described in this paragraph are 
        the following:
                  (A) The establishment of a bill of rights for 
                infants, children, and youth in foster care 
                that is widely shared and clearly outlines 
                protections for infants, children, and youth, 
                such as assuring frequent visits with parents, 
                siblings, and caseworkers, access to attorneys, 
                and participation in age-appropriate 
                extracurricular activities, and procedures for 
                ensuring the protections are provided.
                  (B) The development and implementation of a 
                plan for meeting the health and mental health 
                needs of infants, children, and youth in foster 
                care that includes ensuring that the provision 
                of health and mental health care is child-
                specific, comprehensive, appropriate, and 
                consistent (through means such as ensuring the 
                infant, child, or youth has a medical home, 
                regular wellness medical visits, and addressing 
                the issue of trauma, when appropriate).
                  (C) The inclusion in the State plan under 
                section 471 of an amendment implementing the 
                option under subsection (a)(28) of that section 
                to enter into kinship guardianship assistance 
                agreements.
                  (D) The election under the State plan under 
                section 471 to define a ``child'' for purposes 
                of the provision of foster care maintenance 
                payments, adoption assistance payments, and 
                kinship guardianship assistance payments, so as 
                to include individuals described in each of 
                subclauses (I), (II), and (III) of section 
                475(8)(B)(i) who have not attained age 21.
                  (E) The development and implementation of a 
                plan that ensures congregate care is used 
                appropriately and reduces the placement of 
                children and youth in such care.
                  (F) Of those infants, children, and youth in 
                out-of-home placements, substantially 
                increasing the number of cases of siblings who 
                are in the same foster care, kinship 
                guardianship, or adoptive placement, above the 
                number of such cases in fiscal year 2008.
                  (G) The development and implementation of a 
                plan to improve the recruitment and retention 
                of high quality foster family homes trained to 
                help assist infants, children, and youth 
                swiftly secure permanent families. Supports for 
                foster families under such a plan may include 
                increasing maintenance payments to more 
                adequately meet the needs of infants, children, 
                and youth in foster care and expanding 
                training, respite care, and other support 
                services for foster parents.
                  (H) The establishment of procedures designed 
                to assist youth as they prepare for their 
                transition out of foster care, such as 
                arranging for participation in age-appropriate 
                extra-curricular activities, providing 
                appropriate access to cell phones, computers, 
                and opportunities to obtain a driver's license, 
                providing notification of all sibling 
                placements if siblings are in care and sibling 
                location if siblings are out of care, and 
                providing counseling and financial support for 
                post-secondary education.
                  (I) The inclusion in the State plan under 
                section 471 of a description of State 
                procedures for--
                          (i) ensuring that youth in foster 
                        care who have attained age 16 are 
                        engaged in discussions, including 
                        during the development of the 
                        transition plans required under 
                        paragraphs (1)(D) and (5)(H) of section 
                        475, that explore whether the youth 
                        wishes to reconnect with the youth's 
                        biological family, including parents, 
                        grandparents, and siblings, and, if so, 
                        what skills and strategies the youth 
                        will need to successfully and safely 
                        reconnect with those family members;
                          (ii) providing appropriate guidance 
                        and services to youth whom affirm an 
                        intent to reconnect with biological 
                        family members on how to successfully 
                        and safely manage such reconnections; 
                        and
                          (iii) making, when appropriate, 
                        efforts to include biological family 
                        members in such reconnection efforts.
                  (J) The establishment of one or more of the 
                following programs designed to prevent infants, 
                children, and youth from entering foster care 
                or to provide permanency for infants, children, 
                and youth in foster care:
                          (i) An intensive family finding 
                        program.
                          (ii) A kinship navigator program.
                          (iii) A family counseling program, 
                        such as a family group decision-making 
                        program, and which may include in-home 
                        peer support for families.
                          (iv) A comprehensive family-based 
                        substance abuse treatment program.
                          (v) A program under which special 
                        efforts are made to identify and 
                        address domestic violence that 
                        endangers infants, children, and youth 
                        and puts them at risk of entering 
                        foster care.
                          (vi) A mentoring program.
          (8) Definitions.--In this subsection--
                  (A) the term ``youth'' means, with respect to 
                a State, an individual who has attained age 12 
                but has not attained the age at which an 
                individual is no longer considered to be a 
                child under the State plans under parts B and E 
                of title IV, and
                  (B) the term ``long-term therapeutic family 
                treatment center'' means a State licensed or 
                certified program that enables parents and 
                their children to live together in a safe 
                environment for a period of not less than 6 
                months and provides, on-site or by referral, 
                substance abuse treatment services, children's 
                early intervention services, family counseling, 
                legal services, medical care, mental health 
                services, nursery and preschool, parenting 
                skills training, pediatric care, prenatal care, 
                sexual abuse therapy, relapse prevention, 
                transportation, and job or vocational training 
                or classes leading to a secondary school 
                diploma or a certificate of general 
                equivalence.

           *       *       *       *       *       *       *

  [(d) Duration of Demonstration.--A demonstration project 
under this section may be conducted for not more than 5 years, 
unless in the judgment of the Secretary, the demonstration 
project should be allowed to continue.]
  (d) Duration of Demonstration.--
          (1) In general.--Subject to paragraph (2), a 
        demonstration project under this section may be 
        conducted for not more than 5 years, unless in the 
        judgment of the Secretary, the demonstration project 
        should be allowed to continue.
          (2) Termination of authority.--In no event shall a 
        demonstration project under this section be conducted 
        after September 30, 2019.
  (e) Application.--Any State seeking to conduct a 
demonstration project under this section shall submit to the 
Secretary an application, in such form as the Secretary may 
require, which includes--
          (1) a description of the proposed project, the 
        geographic area in which the proposed project would be 
        conducted, the children or families who would be served 
        by the proposed project, and the services which would 
        be provided by the proposed project [(which shall 
        provide, where appropriate, for random assignment of 
        children and families to groups served under the 
        project and to control groups)];

           *       *       *       *       *       *       *

          (6) a description of the proposed evaluation design; 
        [and]
          (7) an accounting of any additional Federal, State, 
        and local investments made, as well as any private 
        investments made in coordination with the State, during 
        the 2 fiscal years preceding the application to provide 
        the services described in paragraph (1), and an 
        assurance that the State will provide an accounting of 
        that same spending for each year of an approved 
        demonstration project; and
          [(7)] (8) such additional information as the 
        Secretary may require.
  [(f) Evaluations; Report.--Each State authorized to conduct a 
demonstration project under this section shall--
          [(1) obtain an evaluation by an independent 
        contractor of the effectiveness of the project, using 
        an evaluation design approved by the Secretary which 
        provides for--
                  [(A) comparison of methods of service 
                delivery under the project, and such methods 
                under a State plan or plans, with respect to 
                efficiency, economy, and any other appropriate 
                measures of program management;
                  [(B) comparison of outcomes for children and 
                families (and groups of children and families) 
                under the project, and such outcomes under a 
                State plan or plans, for purposes of assessing 
                the effectiveness of the project in achieving 
                program goals; and
                  [(C) any other information that the Secretary 
                may require; and
          [(2) provide interim and final evaluation reports to 
        the Secretary, at such times and in such manner as the 
        Secretary may require.]
  (f) Evaluations.--Each State authorized to conduct a 
demonstration project under this section shall obtain an 
evaluation by an independent contractor of the effectiveness of 
the project, using an evaluation design approved by the 
Secretary which provides for--
          (1) comparison of methods of service delivery under 
        the project, and such methods under a State plan or 
        plans, with respect to efficiency, economy, and any 
        other appropriate measures of program management;
          (2) comparison of outcomes for children and families 
        (and groups of children and families) under the 
        project, and such outcomes under a State plan or plans, 
        for purposes of assessing the effectiveness of the 
        project in achieving program goals; and
          (3) any other information that the Secretary may 
        require.
  (g) Reports.--
          (1) State reports; public availability.--Each State 
        authorized to conduct a demonstration project under 
        this section shall--
                  (A) submit periodic reports to the Secretary 
                on the specific programs, activities, and 
                strategies used to improve outcomes for 
                infants, children, youth, and families and the 
                results achieved for infants, children, and 
                youth during the conduct of the demonstration 
                project, including with respect to those 
                infants, children, and youth who are prevented 
                from entering foster care, infants, children, 
                and youth in foster care, and infants, 
                children, and youth who move from foster care 
                to permanent families; and
                  (B) post a copy of each such report on the 
                website for the State child welfare program 
                concurrent with the submission of the report to 
                the Secretary.
          (2) Reports to congress.--The Secretary shall submit 
        to the Committee on Ways and Means of the House of 
        Representatives and the Committee on Finance of the 
        Senate--
                  (A) periodic reports based on the State 
                reports submitted under paragraph (1); and
                  (B) a report based on the results of the 
                State evaluations required under subsection (f) 
                that includes an analysis of the results of 
                such evaluations and such recommendations for 
                administrative or legislative changes as the 
                Secretary determines appropriate.
  [(g)] (h) Cost Neutrality.--The Secretary may not authorize a 
State to conduct a demonstration project under this section 
unless the Secretary determines that the total amount of 
Federal funds that will be expended under (or by reason of) the 
project over its approved term (or such portion thereof or 
other period as the Secretary may find appropriate) will not 
exceed the amount of such funds that would be expended by the 
State under the State plans approved under parts B and E of 
title IV if the project were not conducted.
  (i) Indian Tribes Operating IV-E Programs Considered 
States.--An Indian tribe, tribal organization, or tribal 
consortium that has elected to operate a program under part E 
of title IV in accordance with section 479B shall be considered 
a State for purposes of this section.

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SAFE AND TIMELY INTERSTATE PLACEMENT OF FOSTER CHILDREN ACT OF 2006

           *       *       *       *       *       *       *

SEC. 8.   RIGHT TO BE HEARD IN FOSTER CARE PROCEEDINGS.

  (a) * * *
  (b) Notice of Proceeding.--Section [438(b) of such Act (42 
U.S.C. 638(b))] 438(b)(1) of such Act (42 U.S.C. 629h(b)(1)) is 
amended by inserting ``shall have in effect a rule requiring 
State courts to ensure that foster parents, pre-adoptive 
parents, and relative caregivers of a child in foster care 
under the responsibility of the State are notified of any 
proceeding to be held with respect to the child, and'' after 
``highest State court''.

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