II 

109TH CONGRESS 

2D SESSION S. 2999 

To improve protections for children and to hold States accountable for the 

safe and timely placement of children across State lines, and for other 

purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 24, 2006 

Mr. DEWINE (for himself, Mr. ROCKEFELLER, and Mr. DOMENICI) introduced 

the following bill; which was read twice and referred to the Committee 

on Finance 

A BILL 

To improve protections for children and to hold States accountable for the safe and timely placement of children 

across State lines, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Safe and Timely Inter5 state Placement of Foster Children Act of 2006’’. 

6 SEC. 2. SENSE OF THE CONGRESS. 

7 It is the sense of the Congress that— 

8 (1) the States should expeditiously ratify the re9 vised Interstate Compact for the Placement of ChilVerDate Aug 31 2005 23:55 May 25, 2006 Jkt 049200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S2999.IS S2999

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1 dren recently promulgated by the American Public 

2 Human Services Association; 

3 (2) this Act and the revised Interstate Compact 

4 for the Placement of Children should not apply to 

5 those seeking placement in a licensed residential fa6 cility primarily to access clinical mental heath serv7 ices; 

8 (3) the States should recognize and implement 

9 the deadlines for the completion and approval of 

10 home studies as provided in section 4 to move chil11 dren more quickly into safe, permanent homes; and 

12 (4) Federal policy should encourage the safe 

13 and expedited placement of children into safe, per14 manent homes across State lines. 

15 SEC. 3. ORDERLY AND TIMELY PROCESS FOR INTERSTATE 

16 PLACEMENT OF CHILDREN. 

17 Section 471(a) of the Social Security Act (42 U.S.C. 

18 671(a)) is amended— 

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

20 (23); 

21 (2) by striking the period at the end of para22 graph (24) and inserting ‘‘; and’’; and 

23 (3) by adding at the end the following: 

24 ‘‘(25) provide that the State shall have in effect 

25 procedures for the orderly and timely interstate 


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1 placement of children; and procedures implemented 

2 in accordance with an interstate compact, if incor3 porating with the procedures prescribed by para4 graph (26), shall be considered to satisfy the re5 quirement of this paragraph.’’. 

6 SEC. 4. HOME STUDIES. 

7 (a) ORDERLY PROCESS.— 

8 (1) IN GENERAL.—Section 471(a) of the Social 

9 Security Act (42 U.S.C. 671(a)) is further amend10 ed— 

11 (A) by striking ‘‘and’’ at the end of para12 graph (24); 

13 (B) by striking the period at the end of 

14 paragraph (25) and inserting ‘‘; and’’; and 

15 (C) by adding at the end the following: 

16 ‘‘(26) provides that— 

17 ‘‘(A)(i) within 60 days after the State re18 ceives from another State a request to conduct 

19 a study of a home environment for purposes of 

20 assessing the safety and suitability of placing a 

21 child in the home, the State shall, directly or by 

22 contract— 

23 ‘‘(I) conduct and complete the study; 

24 and 


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1 ‘‘(II) return to the other State a re2 port on the results of the study, which 

3 shall address the extent to which place4 ment in the home would meet the needs of 

5 the child; and 

6 ‘‘(ii) in the case of a home study begun on 

7 or before September 30, 2008, if the State fails 

8 to comply with clause (i) within the 60-day pe9 riod as a result of circumstances beyond the 

10 control of the State (such as a failure by a Fed11 eral agency to provide the results of a back12 ground check, or the failure by any entity to 

13 provide completed medical forms, requested by 

14 the State at least 45 days before the end of the 

15 60-day period), the State shall have 75 days to 

16 comply with clause (i) if the State documents 

17 the circumstances involved and certifies that 

18 completing the home study is in the best inter19 ests of the child; except that 

20 ‘‘(iii) this subparagraph shall not be con21 strued to require the State to have completed, 

22 within the applicable period, the parts of the 

23 home study involving the education and train24 ing of the prospective foster or adoptive par25 ents; 


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1 ‘‘(B) the State shall treat any report de2 scribed in subparagraph (A) that is received 

3 from another State or an Indian tribe (or from 

4 a private agency under contract with another 

5 State) as meeting any requirements imposed by 

6 the State for the completion of a home study 

7 before placing a child in the home, unless, with8 in 14 days after receipt of the report, the State 

9 determines, based on grounds that are specific 

10 to the content of the report, that making a de11 cision in reliance on the report would be con12 trary to the welfare of the child; and 

13 ‘‘(C) the State shall not impose any re14 striction on the ability of a State agency admin15 istering, or supervising the administration of, a 

16 State program operated under a State plan ap17 proved under this part to contract with a pri18 vate agency for the conduct of a home study de19 scribed in subparagraph (A).’’. 

20 (2) REPORT TO THE CONGRESS.—Within 12 

21 months after the date of the enactment of this Act, 

22 the Secretary of Health and Human Services shall 

23 submit to the Committee on Ways and Means of the 

24 House of Representatives and the Committee on Fi25 nance of the Senate a written report on— 


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1 (A) how frequently States need the ex2 tended 75-day period provided for in clause (ii) 

3 of section 471(a)(26)(A) of the Social Security 

4 Act in order to comply with clause (i) of such 

5 section; 

6 (B) the reasons given for utilizing the ex7 tended compliance period; 

8 (C) the extent to which utilizing the ex9 tended compliance period leads to the resolution 

10 of the circumstances beyond the control of the 

11 State; and 

12 (D) the actions taken by States and any 

13 relevant Federal agencies to resolve the need 

14 for the extended compliance period. 

15 (3) SENSE OF THE CONGRESS.—It is the sense 

16 of the Congress that each State should— 

17 (A) use private agencies to conduct home 

18 studies when doing so is necessary to meet the 

19 requirements of section 471(a)(26) of the Social 

20 Security Act; and 

21 (B) give full faith and credit to any home 

22 study report completed by any other State or 

23 an Indian tribe with respect to the placement of 

24 a child in foster care or for adoption. 


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1 (b) TIMELY INTERSTATE HOME STUDY INCENTIVE

2 PAYMENTS.—Part E of title IV of the Social Security Act 

3 (42 U.S.C. 670–679b) is amended by inserting after sec4 tion 473A the following: 

5 ‘‘SEC. 473B. TIMELY INTERSTATE HOME STUDY INCENTIVE 

6 PAYMENTS. 

7 ‘‘(a) GRANT AUTHORITY.—The Secretary shall make 

8 a grant to each State that is a home study incentive-eligi9 ble State for a fiscal year in an amount equal to the timely 

10 interstate home study incentive payment payable to the 

11 State under this section for the fiscal year, which shall 

12 be payable in the immediately succeeding fiscal year. 

13 ‘‘(b) HOME STUDY INCENTIVE-ELIGIBLE STATE.— 

14 A State is a home study incentive-eligible State for a fiscal 

15 year if— 

16 ‘‘(1) the State has a plan approved under this 

17 part for the fiscal year; 

18 ‘‘(2) the State is in compliance with subsection 

19 (c) for the fiscal year; and 

20 ‘‘(3) based on data submitted and verified pur21 suant to subsection (c), the State has completed a 

22 timely interstate home study during the fiscal year. 

23 ‘‘(c) DATA REQUIREMENTS.— 

24 ‘‘(1) IN GENERAL.—A State is in compliance 

25 with this subsection for a fiscal year if the State has 


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1 provided to the Secretary a written report, covering 

2 the preceding fiscal year, that specifies— 

3 ‘‘(A) the total number of interstate home 

4 studies requested by the State with respect to 

5 children in foster care under the responsibility 

6 of the State, and with respect to each such 

7 study, the identity of the other State involved; 

8 ‘‘(B) the total number of timely interstate 

9 home studies completed by the State with re10 spect to children in foster care under the re11 sponsibility of other States, and with respect to 

12 each such study, the identity of the other State 

13 involved; and 

14 ‘‘(C) such other information as the Sec15 retary may require in order to determine wheth16 er the State is a home study incentive-eligible 

17 State. 

18 ‘‘(2) VERIFICATION OF DATA.—In determining 

19 the number of timely interstate home studies to be 

20 attributed to a State under this section, the Sec21 retary shall check the data provided by the State 

22 under paragraph (1) against complementary data so 

23 provided by other States. 

24 ‘‘(d) TIMELY INTERSTATE HOME STUDY INCENTIVE

25 PAYMENTS.— 


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1 ‘‘(1) IN GENERAL.—The timely interstate home 

2 study incentive payment payable to a State for a fis3 cal year shall be $1,500, multiplied by the number 

4 of timely interstate home studies attributed to the 

5 State under this section during the fiscal year, sub6 ject to paragraph (2). 

7 ‘‘(2) PRO RATA ADJUSTMENT IF INSUFFICIENT

8 FUNDS AVAILABLE.—If the total amount of timely 

9 interstate home study incentive payments otherwise 

10 payable under this section for a fiscal year exceeds 

11 the total of the amounts made available pursuant to 

12 subsection (h) for the fiscal year (reduced (but not 

13 below zero) by the total of the amounts (if any) pay14 able under paragraph (3) of this subsection with re15 spect to the preceding fiscal year), the amount of 

16 each such otherwise payable incentive payment shall 

17 be reduced by a percentage equal to— 

18 ‘‘(A) the total of the amounts so made 

19 available (as so reduced); divided by 

20 ‘‘(B) the total of such otherwise payable 

21 incentive payments. 

22 ‘‘(3) APPROPRIATIONS AVAILABLE FOR UNPAID

23 INCENTIVE PAYMENTS FOR PRIOR FISCAL YEARS.— 

24 ‘‘(A) IN GENERAL.—If payments under 

25 this section are reduced under paragraph (2) or 


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1 subparagraph (B) of this paragraph for a fiscal 

2 year, then, before making any other payment 

3 under this section for the next fiscal year, the 

4 Secretary shall pay each State whose payment 

5 was so reduced an amount equal to the total 

6 amount of the reductions which applied to the 

7 State, subject to subparagraph (B) of this para8 graph. 

9 ‘‘(B) PRO RATA ADJUSTMENT IF INSUFFI10 CIENT FUNDS AVAILABLE.—If the total amount 

11 of payments otherwise payable under subpara12 graph (A) of this paragraph for a fiscal year ex13 ceeds the total of the amounts made available 

14 pursuant to subsection (h) for the fiscal year, 

15 the amount of each such payment shall be re16 duced by a percentage equal to— 

17 ‘‘(i) the total of the amounts so made 

18 available; divided by 

19 ‘‘(ii) the total of such otherwise pay20 able payments. 

21 ‘‘(e) TWO-YEAR AVAILABILITY OF INCENTIVE PAY22 MENTS.—Payments to a State under this section in a fis23 cal year shall remain available for use by the State 

24 through the end of the next fiscal year. 


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1 ‘‘(f) LIMITATIONS ON USE OF INCENTIVE PAY2 MENTS.—A State shall not expend an amount paid to the 

3 State under this section except to provide to children or 

4 families any service (including post-adoption services) that 

5 may be provided under part B or E. Amounts expended 

6 by a State in accordance with the preceding sentence shall 

7 be disregarded in determining State expenditures for pur8 poses of Federal matching payments under sections 423, 

9 434, and 474. 

10 ‘‘(g) DEFINITIONS.—In this section: 

11 ‘‘(1) HOME STUDY.—The term ‘home study’ 

12 means an evaluation of a home environment con13 ducted in accordance with applicable requirements of 

14 the State in which the home is located, to determine 

15 whether a proposed placement of a child would meet 

16 the individual needs of the child, including the 

17 child’s safety, permanency, health, well-being, and 

18 mental, emotional, and physical development. 

19 ‘‘(2) INTERSTATE HOME STUDY.—The term 

20 ‘interstate home study’ means a home study con21 ducted by a State at the request of another State, 

22 to facilitate an adoptive or foster placement in the 

23 State of a child in foster care under the responsi24 bility of the State. 


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1 ‘‘(3) TIMELY INTERSTATE HOME STUDY.—The 

2 term ‘timely interstate home study’ means an inter3 state home study completed by a State if the State 

4 provides to the State that requested the study, with5 in 30 days after receipt of the request, a report on 

6 the results of the study. The preceding sentence 

7 shall not be construed to require the State to have 

8 completed, within the 30-day period, the parts of the 

9 home study involving the education and training of 

10 the prospective foster or adoptive parents. 

11 ‘‘(h) LIMITATIONS ON AUTHORIZATION OF APPRO12 PRIATIONS.— 

13 ‘‘(1) IN GENERAL.—For payments under this 

14 section, there are authorized to be appropriated to 

15 the Secretary— 

16 ‘‘(A) $10,000,000 for fiscal year 2007; 

17 ‘‘(B) $10,000,000 for fiscal year 2008; 

18 ‘‘(C) $10,000,000 for fiscal year 2009; and 

19 ‘‘(D) $10,000,000 for fiscal year 2010. 

20 ‘‘(2) AVAILABILITY.—Amounts appropriated 

21 under paragraph (1) are authorized to remain avail22 able until expended.’’. 

23 (c) REPEALER.—Effective October 1, 2010, section 

24 473B of the Social Security Act is repealed. 


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1 SEC. 5. SENSE OF THE CONGRESS. 

2 It is the sense of the Congress that State agencies 

3 should fully cooperate with any court which has authority 

4 with respect to the placement of a child in foster care or 

5 for adoption, for the purpose of locating a parent of the 

6 child, and such cooperation should include making avail7 able all information obtained from the Federal Parent Lo8 cator Service. 

9 SEC. 6. CASEWORKER VISITS. 

10 (a) PURCHASE OF SERVICES IN INTERSTATE PLACE11 MENT CASES.—Section 475(5)(A)(ii) of the Social Secu12 rity Act (42 U.S.C. 675(5)(A)(ii)) is amended by striking 

13 ‘‘or of the State in which the child has been placed’’ and 

14 inserting ‘‘of the State in which the child has been placed, 

15 or of a private agency under contract with either such 

16 State’’. 

17 (b) INCREASED VISITS.—Section 475(5)(A)(ii) of 

18 such Act (42 U.S.C. 675(5)(A)(ii)) is amended by striking 

19 ‘‘12’’ and inserting ‘‘6’’. 

20 SEC. 7. HEALTH AND EDUCATION RECORDS. 

21 Section 475 of the Social Security Act (42 U.S.C. 

22 675) is amended— 

23 (1) in paragraph (1)(C)— 

24 (A) by striking ‘‘To the extent available 

25 and accessible, the’’ and inserting ‘‘The’’; and 


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1 (B) by inserting ‘‘the most recent informa2 tion available regarding’’ after ‘‘including’’; and 

3 (2) in paragraph (5)(D)— 

4 (A) by inserting ‘‘a copy of the record is’’ 

5 before ‘‘supplied’’; and 

6 (B) by inserting ‘‘, and is supplied to the 

7 child at no cost at the time the child leaves fos8 ter care if the child is leaving foster care by 

9 reason of having attained the age of majority 

10 under State law’’ before the semicolon. 

11 SEC. 8. RIGHT TO BE HEARD IN FOSTER CARE PRO12 CEEDINGS. 

13 (a) IN GENERAL.—Section 475(5)(G) of the Social 

14 Security Act (42 U.S.C. 675(5)(G)) is amended— 

15 (1) by striking ‘‘an opportunity’’ and inserting 

16 ‘‘a right’’; 

17 (2) by striking ‘‘and opportunity’’ and inserting 

18 ‘‘and right’’; and 

19 (3) by striking ‘‘review or hearing’’ each place 

20 it appears and inserting ‘‘proceeding’’. 

21 (b) NOTICE OF PROCEEDING.—Section 438(b) of 

22 such Act (42 U.S.C. 638(b)) is amended by inserting 

23 ‘‘shall have in effect a rule requiring State courts to en24 sure that foster parents, pre-adoptive parents, and relative 

25 caregivers of a child in foster care under the responsibility 


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1 of the State are notified of any proceeding to be held with 

2 respect to the child, and’’ after ‘‘highest State court’’. 

3 SEC. 9. COURT IMPROVEMENT. 

4 Section 438(a)(1) of the Social Security Act (42 

5 U.S.C. 629h(a)(1)) is amended— 

6 (1) by striking ‘‘and’’ at the end of subpara7 graph (C); and 

8 (2) by adding at the end the following: 

9 ‘‘(E) that determine the best strategy to 

10 use to expedite the interstate placement of chil11 dren, including— 

12 ‘‘(i) requiring courts in different 

13 States to cooperate in the sharing of infor14 mation; 

15 ‘‘(ii) authorizing courts to obtain in16 formation and testimony from agencies 

17 and parties in other States without requir18 ing interstate travel by the agencies and 

19 parties; and 

20 ‘‘(iii) permitting the participation of 

21 parents, children, other necessary parties, 

22 and attorneys in cases involving interstate 

23 placement without requiring their inter24 state travel; and’’. 


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1 SEC. 10. REASONABLE EFFORTS. 

2 (a) IN GENERAL.—Section 471(a)(15)(C) of the So3 cial Security Act (42 U.S.C. 671(a)(15)(C)) is amended 

4 by inserting ‘‘(including, if appropriate, through an inter5 state placement)’’ after ‘‘accordance with the permanency 

6 plan’’. 

7 (b) PERMANENCY HEARING.—Section 

8 471(a)(15)(E)(i) of such Act (42 U.S.C. 671(a)(15)(E)(i)) 

9 is amended by inserting ‘‘, which considers in-State and 

10 out-of-State permanent placement options for the child,’’ 

11 before ‘‘shall’’. 

12 (c) CONCURRENT PLANNING.—Section 

13 471(a)(15)(F) of such Act (42 U.S.C. 671(a)(15)(F)) is 

14 amended by inserting ‘‘, including identifying appropriate 

15 in-State and out-of-State placements’’ before ‘‘may’’. 

16 SEC. 11. CASE PLANS. 

17 Section 475(1)(E) of the Social Security Act (42 

18 U.S.C. 675(1)(E)) is amended by inserting ‘‘to facilitate 

19 orderly and timely in-State and interstate placements’’ be20 fore the period. 

21 SEC. 12. CASE REVIEW SYSTEM. 

22 Section 475(5)(C) of the Social Security Act (42 

23 U.S.C. 675(5)(C) is amended— 

24 (1) by inserting ‘‘, in the case of a child who 

25 will not be returned to the parent, the hearing shall 


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1 consider in-State and out-of-State placement op2 tions,’’ after ‘‘living arrangement’’; and 

3 (2) by inserting ‘‘the hearing shall determine’’ 

4 before ‘‘whether the’’. 

5 SEC. 13. USE OF INTERJURISDICTIONAL RESOURCES. 

6 Section 422(b)(12) of the Social Security Act (42 

7 U.S.C. 622(b)(12)) is amended— 

8 (1) by striking ‘‘develop plans for the’’ and in9 serting ‘‘make’’; 

10 (2) by inserting ‘‘(including through contracts 

11 for the purchase of services)’’ after ‘‘resources’’; and 

12 (3) by inserting ‘‘, and shall eliminate legal bar13 riers,’’ before ‘‘to facilitate’’. 

14 SEC. 14. EFFECTIVE DATE. 

15 (a) IN GENERAL.—Except as otherwise provided in 

16 this section, the amendments made by this Act shall take 

17 effect on October 1, 2006, and shall apply to payments 

18 under parts B and E of title IV of the Social Security 

19 Act for calendar quarters beginning on or after such date, 

20 without regard to whether regulations to implement the 

21 amendments are promulgated by such date. 

22 (b) DELAY PERMITTED IF STATE LEGISLATION RE23 QUIRED.—If the Secretary of Health and Human Services 

24 determines that State legislation (other than legislation 

25 appropriating funds) is required in order for a State plan 


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1 under part B or E of title IV of the Social Security Act 

2 to meet the additional requirements imposed by the 

3 amendments made by a provision of this Act, the plan 

4 shall not be regarded as failing to meet any of the addi5 tional requirements before the 1st day of the 1st calendar 

6 quarter beginning after the first regular session of the 

7 State legislature that begins after the date of the enact8 ment of this Act. If the State has a 2-year legislative ses9 sion, each year of the session is deemed to be a separate 

10 regular session of the State legislature. 

Æ 


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