59–006 

114TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 114–460 

MODERNIZING THE INTERSTATE PLACEMENT OF 

CHILDREN IN FOSTER CARE ACT 

MARCH 21, 2016.—Committed to the Committee of the Whole House on the State 

of the Union and ordered to be printed 

Mr. BRADY of Texas, from the Committee on Ways and Means, 

submitted the following 

R E P O R T 

[To accompany H.R. 4472] 

[Including cost estimate of the Congressional Budget Office] 

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

bill (H.R. 4472) to amend title IV of the Social Security Act to require States to adopt a centralized electronic system to help expedite the placement of children in foster care or guardianship, or for 

adoption, across State lines, and to provide grants to aid States in 

developing such a system, and for other purposes, having considered the same, report favorably thereon with an amendment and 

recommend that the bill as amended do pass. 

CONTENTS 

Page 

I. SUMMARY AND BACKGROUND ............................................................... 4 

A. Purpose and Summary .................................................................... 4 

B. Background and Need for Legislation ............................................ 4 

C. Legislative History ........................................................................... 6 

II. EXPLANATION OF THE BILL ................................................................... 6 

Section 1: Short Title ............................................................................. 6 

Section 2: Findings ................................................................................ 6 

Section 3: State Plan Requirement ...................................................... 6 

Section 4: Grants for the Development of an Electronic Interstate 

Case-Processing System to Expedite the Interstate Placement 

of Children in Foster Care or Guardianship, or for Adoption .... 6 

Section 5: Continuation of Discretionary Funding to Promote Safe 

and Stable Families ........................................................................ 11 

Section 6: Reservation of Funds to Improve the Interstate Placement of Children ............................................................................. 11 

III. VOTES OF THE COMMITTEE .................................................................... 12 

IV. NEW BUDGET AUTHORITY AND TAX EXPENDITURES ..................... 12 


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V. COST ESTIMATE PREPARED BY THE CONGRESSIONAL BUDGET 

OFFICE ....................................................................................................... 12 

VI. OTHER MATTERS TO BE DISCUSSED UNDER THE RULES OF 

THE HOUSE .............................................................................................. 15 

B. Committee Oversight Findings and Recommendations ................ 15 

C. Statement of General Performance Goals and Objectives ............ 15 

D. Applicability of House Rule XXI 5(b) ............................................. 15 

E. Congressional Earmarks, Limited Tax Benefits, and Limited 

Tariff Benefits ................................................................................. 15 

F. Duplication of Federal Programs .................................................... 15 

G. Disclosure of Directed Rule Makings ............................................. 16 

VII. CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED 16 

A. Text of Existing Law Amended or Repealed by the Bill, as 

Reported .......................................................................................... 16 

B. Changes in Existing Law Proposed by the Bill, as Reported ....... 33 

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 ‘‘Modernizing the Interstate Placement of Children 

in Foster Care Act’’. 

SEC. 2. FINDINGS. 

The Congress finds that— 

(1) when a child in foster care cannot return safely home, the child deserves 

to be placed in a setting that is best for that child, regardless of whether it is 

in the child’s State or another State; 

(2) the Interstate Compact on the Placement of Children (ICPC) was established in 1960 to provide a uniform legal framework for the placement of children across State lines in foster and adoptive homes; 

(3) frequently, children waiting to be placed with an adoptive family, relative, 

or foster parent in another State spend more time waiting for this to occur than 

children who are placed with an adoptive, family, relative, or foster parent in 

the same State, because of the outdated, administratively burdensome ICPC 

process; 

(4) no child should have to wait longer to be placed in a loving home simply 

because the child must cross a State line; 

(5) the National Electronic Interstate Compact Enterprise (NEICE) was 

launched in August 2014 in Indiana, Nevada, Florida, South Carolina, Wisconsin, and the District of Columbia, and is expected to be expanded into additional States to improve the administrative process by which children are placed 

with families across State lines; 

(6) States using this electronic interstate case-processing system have reduced 

administrative costs and the amount of staff time required to process these 

cases, and caseworkers can spend more time helping children instead of copying 

and mailing paperwork between States; 

(7) since NEICE was launched, placement time has decreased by 30 percent 

for interstate foster care placements; and 

(8) on average, States using this electronic interstate case-processing system 

have been able to reduce from 24 business days to 13 business days the time 

it takes to identify a family for a child and prepare the paperwork required to 

start the ICPC process. 

SEC. 3. STATE PLAN REQUIREMENT. 

(a) IN GENERAL.—Section 471(a)(25) of the Social Security Act (42 U.S.C. 

671(a)(25)) is amended— 

(1) by striking ‘‘provide’’ and insert ‘‘provides’’; and 

(2) by inserting ‘‘, which, not later than October 1, 2026, shall include the use 

of an electronic interstate case-processing system’’ before the 1st semicolon. 

(b) EFFECTIVE DATE.— 

(1) IN GENERAL.—The amendments made by subsection (a) shall take effect 

on the 1st day of the 1st calendar quarter beginning on or after the date of the 

enactment of this Act, and shall apply to payments under part E of title IV of 

the Social Security Act for calendar quarters beginning on or after such date. 

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

Health and Human Services determines that State legislation (other than legislation appropriating funds) is required in order for a State plan developed pursuant to part E of title IV of the Social Security Act to meet the additional requirement imposed by the amendments made by subsection (a), the plan shall 


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not be regarded as failing to meet any of the additional requirements before the 

1st day of the 1st calendar quarter beginning after the first regular session of 

the State legislature that begins after the date of the enactment of this Act. For 

purposes of the preceding sentence, if the State has a 2-year legislative session, 

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

legislature. 

SEC. 4. GRANTS FOR THE DEVELOPMENT OF AN ELECTRONIC INTERSTATE CASE-PROCESSING SYSTEM TO EXPEDITE THE INTERSTATE PLACEMENT OF CHILDREN IN 

FOSTER CARE OR GUARDIANSHIP, OR FOR ADOPTION. 

Section 437 of the Social Security Act (42 U.S.C. 637) is amended by adding at 

the end the following: 

‘‘(g) GRANTS FOR THE DEVELOPMENT OF AN ELECTRONIC INTERSTATE CASE-PROC- ESSING SYSTEM TO EXPEDITE THE INTERSTATE PLACEMENT OF CHILDREN IN FOSTER

CARE OR GUARDIANSHIP, OR FOR ADOPTION.— ‘‘(1) PURPOSE.—The purpose of this subsection is to facilitate the development 

of an electronic interstate case-processing system for the exchange of data and 

documents to expedite the placements of children in foster, guardianship, or 

adoptive homes across State lines. 

‘‘(2) APPLICATION REQUIREMENTS.—A State that desires a grant under this 

subsection shall submit to the Secretary an application containing the following: 

‘‘(A) A description of the goals and outcomes to be achieved during the 

period for which grant funds are sought, which goals and outcomes must 

result in— 

‘‘(i) reducing the time it takes for a child to be provided with a safe 

and appropriate permanent living arrangement across State lines; 

‘‘(ii) improving administrative processes and reducing costs in the foster care system; and 

‘‘(iii) the secure exchange of relevant case files and other necessary 

materials in real time, and timely communications and placement decisions regarding interstate placements of children. 

‘‘(B) A description of the activities to be funded in whole or in part with 

the grant funds, including the sequencing of the activities. 

‘‘(C) A description of the strategies for integrating programs and services 

for children who are placed across State lines. 

‘‘(D) Such other information as the Secretary may require. 

‘‘(3) GRANT AUTHORITY.—The Secretary may make a grant to a State that 

complies with paragraph (2). 

‘‘(4) USE OF FUNDS.—A State to which a grant is made under this subsection 

shall use the grant to support the State in connecting with the electronic interstate case-processing system described in paragraph (1). 

‘‘(5) EVALUATIONS.—Not later than 1 year after the final year in which grants 

are awarded under this subsection, the Secretary shall submit to the Congress, 

and make available to the general public by posting on a website, a report that 

contains the following information: 

‘‘(A) How using the electronic interstate case-processing system developed 

pursuant to paragraph (4) has changed the time it takes for children to be 

placed across State lines. 

‘‘(B) The number of cases subject to the Interstate Compact on the Placement of Children that were processed through the electronic interstate caseprocessing system, and the number of interstate child placement cases that 

were processed outside the electronic interstate case-processing system, by 

each State in each year. 

‘‘(C) The progress made by States in implementing the electronic interstate case-processing system. 

‘‘(D) How using the electronic interstate case-processing system has affected various metrics related to child safety and well-being, including the 

time it takes for children to be placed across State lines. 

‘‘(E) How using the electronic interstate case-processing system has affected administrative costs and caseworker time spent on placing children 

across State lines. 

‘‘(6) DATA INTEGRATION.—The Secretary, in consultation with the Secretariat 

for the Interstate Compact on the Placement of Children and the States, shall 

assess how the electronic interstate case-processing system developed pursuant 

to paragraph (4) could be used to better serve and protect children that come 

to the attention of the child welfare system, by— 

‘‘(A) connecting the system with other data systems (such as systems operated by State law enforcement and judicial agencies, systems operated by 

the Federal Bureau of Investigation for the purposes of the Innocence Lost 

National Initiative, and other systems); 


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‘‘(B) simplifying and improving reporting related to paragraphs (34) and 

(35) of section 471(a) regarding children or youth who have been identified 

as being a sex trafficking victim or children missing from foster care; and 

‘‘(C) improving the ability of States to quickly comply with background 

check requirements of section 471(a)(20), including checks of child abuse 

and neglect registries as required by section 471(a)(20)(B).’’. 

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

Section 437(a) of the Social Security Act (42 U.S.C. 637(a)) is amended by striking 

‘‘2016’’ and inserting ‘‘2017’’. 

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

Section 437(b) of the Social Security Act (42 U.S.C. 637(b)) is amended by adding 

at the end the following: 

‘‘(4) IMPROVING THE INTERSTATE PLACEMENT OF CHILDREN.—The Secretary 

shall reserve $5,000,000 of the amount made available for fiscal year 2017 for 

grants under subsection (g), and the amount so reserved shall remain available 

through fiscal year 2021.’’. 

I. SUMMARY AND BACKGROUND 

A. PURPOSE AND SUMMARY

H.R. 4472 as amended, the Modernizing the Interstate Placement 

of Children in Foster Care Act, as ordered reported by the Committee on Ways and Means on March 16, 2016, amends title IV of 

the Social Security Act to require states to adopt a centralized electronic interstate case-processing system to help expedite the placement of children in foster care or guardianship, or for adoption, 

across state lines. The bill continues the discretionary authorization for the Promoting Safe and Stable Families program at current 

authorized levels through September 30, 2017, and reserves $5 million of this discretionary funding for the U.S. Department of Health 

and Human Services (HHS) to provide grants to aid states in developing such a system. 

This legislation requires HHS to submit an evaluation to Congress, not later than one year after the final year in which grants 

are awarded to states for this purpose. This evaluation will provide 

information on how states’ use of the electronic interstate caseprocessing system has changed the amount of time it takes for children to be placed across state lines, how many more cases have 

been processed through this electronic system, the progress made 

by states in implementing the system, how the use of the system 

has affected various metrics related to child safety and well-being, 

and how the use of this system has affected administrative time 

and cost when placing children in homes across state lines. 

This legislation requires the Secretary of HHS, in consultation 

with the Secretariat for the Interstate Compact on the Placement 

of Children and the States, to assess how the electronic interstate 

case-processing system could be used to better serve and protect 

children that come to the attention of the child welfare system. 

B. BACKGROUND AND NEED FOR LEGISLATION

When children in foster care cannot remain safely at home, they 

deserve to be placed in a setting that is best for them, regardless 

of whether that home is within their state or in another state. 

However, when children would do best with an adoptive family, relative, or foster parent in another state, they often must wait longer 

than if they stayed in the same state, in part due to the outdated, 


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1Supporting Permanent Placements of Children in Foster Care Through Electronic Records 

Exchange: National Electronic Interstate Compact Enterprise (NEICE), Final Evaluation Report. June 29, 2015. Available online: http://www.aphsa.org/content/AAICPC/en/actions/ 

NEICE.html. 

labor-intensive process many states use when transmitting information across state lines. When placing children across state lines, 

states must exchange multiple documents, such as court orders, 

case plan information, birth certificates and other information. In 

most states, this exchange is carried out by printing, copying, and 

mailing physical copies of documents between states—a labor intensive and time consuming process that keeps children from moving quickly into the appropriate home. 

Beginning in November 2013, five states (Florida, Indiana, Nevada, South Carolina, Wisconsin) and the District of Columbia 

began a pilot project to test the National Electronic Interstate 

Compact Enterprise (NEICE), a system developed to aid states in 

exchanging data and documents between different jurisdictions 

when placing children across state lines. NEICE is a web-based 

electronic case-processing system that supports the administration 

of the Interstate Compact on the Placement of Children (ICPC), an 

agreement between states establishing uniform legal and administrative procedures governing the interstate placement of children. 

Pilot states saw substantial improvements in the process used to 

place children with adoptive parents, relatives, or foster parents in 

another state. A final evaluation of the pilot project found the electronic system produced the following outcomes: 

• Children are placed in the right homes more quickly: On average, states using this electronic system reduced the time it takes 

to place a child in a home in another state by over 30 percent. This 

means children waited on average one and a half months less to 

be placed in the right home. 

• Child welfare caseworkers spend less time on paperwork: A 

survey of states participating in the pilot showed states could reduce the time they spend on the placement process by 10 percent. 

• States eliminate mailing and printing costs by using the electronic system: States could realize significant savings by switching 

from a paper-based process to an electronic process. Based on estimates from pilot states, states spend more than $1.6 million annually on copying and mailing of documents related to cases in which 

children are placed in another state.1

Children should not spend extra weeks waiting to be placed in 

the appropriate home simply because of an antiquated process used 

to exchange information across state lines. To address this problem, the Modernizing the Interstate Placement of Children in Foster 

Care Act requires states to connect to this electronic case-processing system to reduce the amount of time children wait to be 

adopted, placed with relatives, or placed with foster parents when 

they are going to a home in another state. This legislation would 

also provide states with funding to connect to this system more 

quickly, and HHS would evaluate the impacts of states’ use of this 

system to determine how it has improved the process of placing 

children in homes across state lines. 


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C. LEGISLATIVE HISTORY

Background 

H.R. 4472, Modernizing the Interstate Placement of Children in 

Foster Care Act, was introduced on February 4, 2016 by Congressman Todd Young and Congressman Danny Davis, and was referred 

to the Committee on Ways and Means. 

Committee hearings 

No hearings were held on H.R. 4472. However, in 2015 and prior 

years the Human Resources Subcommittee held a number of hearings on child welfare programs and policies, which often addressed 

the need for promoting better and faster services for children and 

families involved with the child welfare system, as well as the need 

to promote the use of technology to provide improved services to 

the public, and especially families in need of assistance. 

Committee action 

The Committee on Ways and Means marked up H.R. 4472, the 

Modernizing the Interstate Placement of Children in Foster Care 

Act, on March 16, 2016, and ordered the bill, as amended, favorably 

reported by voice vote (with a quorum being present). 

II. EXPLANATION OF THE BILL 

SECTION 1: SHORT TITLE

Present law 

No provision. 

Explanation of provision 

The short title of this act is the Modernizing the Interstate Placement of Children in Foster Care Act. 

Reason for change 

The Committee believes that the short title reflects the policy actions included in the legislation. 

Effective date 

The provision is effective upon enactment. 

SECTION 2: FINDINGS

Present law 

No provision. 

Explanation of provision 

The bill contains congressional findings stipulating that— 

Children who cannot be safely returned home deserve to 

be placed in the best setting possible for them, regardless 

of the state where the setting is located and no child 

should have to wait to move to that best setting because 

it is across a state line. 

The Interstate Compact on the Placement of Children 

(ICPC) established in 1960 provides a uniform legal framework for placement of children in foster and adoptive 


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homes across state lines. However, because of ‘‘outdated, 

administratively burdensome ICPC process[es],’’ placement 

of a child with an adoptive family, relative, or foster parent across state lines is frequently delayed. 

The National Electronic Interstate Compact Enterprise 

(NEICE) is an electronic case-processing system that was 

launched in five states (Florida, Indiana, Nevada, South 

Carolina, and Wisconsin) and the District of Columbia and 

is expected to continue to expand to other states. Use of 

NEICE in the six pilot jurisdictions reduced administrative 

costs and the amount of staff time required to process 

interstate cases—allowing caseworkers to spend more time 

helping children instead of copying and mailing paperwork 

between states. On average, the jurisdictions using NEICE 

reduced the number of business days (from 24 to 13) it 

takes to identify a family and prepare the paperwork required to start the ICPC process. Those same jurisdictions 

also decreased the amount of time it takes to complete 

interstate placements by 30 percent. 

Reason for change 

The Committee believes that the findings demonstrate the need 

for this legislation and reflect the policy actions included in the bill. 

Effective date 

The provision is effective upon enactment. 

SECTION 3: STATE PLAN REQUIREMENT

Present law 

States operating a title IV–E program (including the District of 

Columbia and any territory or tribe operating such a program) are 

required to have procedures for the timely completion of interstate 

home studies. (Section 471(a)(25) of the Social Security Act) 

Explanation of provision 

The bill would require that no later than October 1, 2026, these 

timely interstate placement procedures of a state, territory, or tribe 

must include an electronic interstate case-processing system. 

Reason for change 

While some states have implemented the electronic interstate 

case-processing system and others are planning to join, the system 

is most effective when all states participate. States are currently 

required to have procedures in place for the placement of children 

across state lines, under the Interstate Compact for the Placement 

of Children (ICPC). This provision requires that they modernize 

these procedures to take advantage of the electronic interstate 

case-processing system to more quickly place children in the right 

home. 

Effective date 

The bill would provide that this section is effective no later than 

the first day of the first fiscal year quarter that begins after its enactment. The bill would permit a delay of that effective date if the 


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U.S. Department of Health and Human Services (HHS) Secretary 

determines that a state needs to enact legislation to be in compliance with the requirement. However, no delay may be granted beyond the first day of the fiscal year quarter beginning after the 

first regular session of the state’s legislature that occurs after enactment of this provision. 

SECTION 4: GRANTS FOR THE DEVELOPMENT OF AN ELECTRNOIC

INTERSTATE CASE-PROCESSING SYSTEM TO EXPEDITE THE INTERSTATE PLACEMENT OF CHILDREN IN FOSTER CARE OR GUARDIANSHIP, OR FOR ADOPTION

AUTHORIZATION OF GRANTS

Present law 

Section 437 of the Social Security Act: (1) authorizes discretionary funding for the child and family services program known 

as Promoting Safe and Stable Families (PSSF); (2) describes distribution of those discretionary funds: and, separately (3) establishes the grant program known as Regional Partnership Grants to 

improve outcomes for children affected by parental substance 

abuse. 

For purposes of this subpart of the law, ‘‘state’’ means each of the 

50 states and the District of Columbia, any of five territories (Puerto Rico, Guam, American Samoa, U.S. Virgin Islands and Northern 

Mariana Islands), as well as an Indian tribe or tribal organization 

(as defined in the Indian Self Determination and Education Act). 

(Section 431(a)(4) of the Social Security Act) 

Explanation of provision 

This bill would add a new subsection to Section 437 of the Social 

Security Act establishing grants intended to expedite placement of 

children in foster care, guardianship, or adoptive homes across 

state lines by facilitating development of an electronic interstate 

case-processing system for the exchange of state and other documents needed to permit interstate placements. The HHS Secretary 

would be permitted to make a grant to any ‘‘state’’ that meets the 

grant application requirements and the grantee would be required 

to use the funds for development of such an electronic system. 

Reason for change 

While a number of states are planning to implement the electronic interstate case-processing system in the coming years, providing funding specifically for states to connect to this system will 

encourage states to join more quickly. This will improve the outcomes for every state as more states share files electronically, and 

more children will benefit as a result of this improved process. 

Effective date 

The provision is effective upon enactment. 

APPLICATION AND USE OF FUNDS

Present law 

No provision. 


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Explanation of provision 

A ‘‘state’’ seeking a grant for this purpose would need to submit 

an application to the HHS Secretary describing the goals and outcomes the state expects to achieve with the funds, which must result in: 

• Reduced time to complete placement of children in safe, 

appropriate and permanent living arrangements across state 

lines; 

• The secure and real-time exchange of relevant case files 

and other necessary materials for interstate placement of children; and 

• Improved administrative processes and reduced costs to 

the foster care system. 

Further, the ‘‘state’’ would be required to include in this grant 

application to the HHS Secretary a description of the activities it 

will fund with the grant, a description of any strategies for integrating services and programs for children placed across state 

lines, and any other information the HHS Secretary may require. 

Reason for change 

The Committee believes, to ensure the proper use of funds provided by this legislation, states should be required to explain how 

receiving funds will help them more quickly place children in 

homes across state lines. To ensure funds are spent as intended, 

states are also required to explain how funds will be used, as well 

as how they expect implementing this system will improve their 

administrative processes. 

Effective date 

The provision is effective upon enactment. 

EVALUATION

Present law 

No provision. 

Explanation of provision 

No later than one year after the final year in which grants are 

awarded under this authority, HHS would need to provide information to Congress (and via a website, the public) concerning: • How the use of the electronic interstate case-processing 

system developed with this grant funding has changed the 

time it takes for children to be placed across state lines; • The number of ICPC cases processed through the electronic interstate case-processing system and the number processed outside that system, by state and by year; • Progress made by states in implementing the electronic 

interstate case-processing system; and • How using this system has affected child safety and wellbeing and, separately, administrative costs, including caseworker time spent on interstate placements. 

Reason for change 

The Committee believes states receiving funding to connect with 

the electronic interstate case-processing system should report on 


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the results of their efforts, and that this information should be reported to Congress and the public. This information can be used to 

inform future work to improve the child welfare system, as well as 

to evaluate the effectiveness of this legislation in improving the 

placement of children across state lines. 

Effective date 

The provision is effective upon enactment. 

DATA INTEGRATION

Present law 

A state, territory, or tribe operating a title IV–E foster care program must perform a background check for any prospective foster 

or adoptive parent before approving placement of a child with that 

adult. The background check must include criminal records checks, 

including a fingerprint-based check of the National Crime Information Center (NCIC) database maintained by the Federal Bureau of 

Investigation (FBI). Further, it must include a check for any information that is included in a state-maintained child abuse and neglect registry regarding such a prospective parent (and any adult 

living in the home of such prospective parent), including any child 

abuse and neglect registry maintained by a state where the prospective parent (and any co-residing adult) currently lives and any 

state he/she lived in during the preceding five years. (Section 

471(a)(20)(B) of the Social Security Act) 

No later than September 29, 2018, any state, territory or tribe 

operating a title IV–E foster care program must immediately (or in 

no case later than 24 hours) report information it receives to law 

enforcement authorities on (1) children or youth identified as sex 

trafficking victims, and (2) missing or abducted children. (In the 

case of missing and abducted children this information is to be entered, by law enforcement authorities, into the NCIC database of 

the FBI.) Additionally, as of September 29, 2018, state, tribal, or 

territorial title IV–E agencies must immediately report information 

they receive on missing and abducted children to the National Center for Missing and Exploited Children (NCMEC). (Section 

471(a)(34) and (35) of the Social Security Act) 

The Innocence Lost National Initiative is a FBI/U.S. Department 

of Justice project that combines the efforts of multiple federal, 

state, and local law enforcement agencies, working with U.S. Attorney’s offices, to address domestic sex trafficking of children. 

Explanation of provision 

The HHS Secretary, in consultation with the administrator for 

the ICPC and the states, would need to assess how the electronic 

interstate case-processing system developed with this grant funding may be used to: 

• Better serve and protect children who come to the attention of the child welfare agency, including by connecting the 

system with data systems operated by state law enforcement 

and judicial agencies, the FBI, the Innocence Lost National Initiative, and others; 

• Simplify and improve reporting required under the title 

IV–E program related to children missing from foster care and 


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those children or youth identified as sex trafficking victims; 

and 

• Improve the ability of states to quickly comply with background checks, including criminal records checks and checks of 

state-maintained child abuse and neglect registries. 

Reason for change 

The value and importance of the electronic interstate case-processing system has been demonstrated through the evaluation produced as a result of the pilot. States currently participating in this 

system also have identified other ways in which the system could 

help them address other child welfare issues that arise between 

states. This provision requires HHS to work with states to assess 

how this system might be used to better protect children, and these 

recommendations can inform future federal, state, and local efforts 

to improve child welfare practice. 

Effective date 

The provision is effective upon enactment. 

SECTION 5: CONTINUATION OF DISCRETIONARY FUNDING TO PROMOTE

SAFE AND STABLE FAMILIES

Present law 

Current law authorizes an appropriation of $200 million in discretionary Promoting Safe and Stable Families (PSSF) program 

funding for each of FY2012–FY2016. (Section 437(a) of the Social 

Security Act) 

Explanation of provision 

This bill would extend this discretionary funding authorization 

for the PSSF program at the same level for one year, FY2017. 

Reason for change 

This legislation extends the discretionary funding authorization 

for the PSSF program for one year for the purpose of reserving $5 

million from this appropriation to make grants to states, territories, and tribes to connect to the electronic interstate case-processing system. 

Effective date 

The provision is effective upon enactment. 

SECTION 6: RESERVATION OF FUNDS TO IMPROVE THE INTERSTATE

PLACEMENT OF CHILDREN

Present law 

Out of any discretionary funding provided for the PSSF program, 

HHS is required to reserve a certain portion to support tribal child 

and family services, the state Court Improvement Program, and research, evaluation, training, and technical assistance activities. 

After these set-asides are made, the remaining funds are distributed to each of the states (including DC) and territories, for provision of child and family services. (Section 437(b) of the Social Security Act) 


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Explanation of provision 

This bill would additionally require the HHS Secretary to reserve 

$5 million of any discretionary PSSF funds provided in FY2017 to 

make grants to states (including DC), territories, and tribes for the 

development of the electronic interstate case-processing system. 

The reservation of funds for these grants would be authorized and 

required in FY2017 only, but the funds reserved could be used to 

make these grants in each or any of FY2017–FY2021. 

Reason for change 

Congress has identified a variety of key child welfare priorities 

to be supported with discretionary PSSF funding, and current law 

reserves funds for these specific purposes. These purposes include 

reserving funds to assist state courts, conduct research, fund training, assist children affected by parental substance abuse, and support tribal child welfare services. Based on the successful pilot testing of the electronic interstate case-processing system, the Committee believes funding also should be reserved to expand the use 

of this system. Therefore, this legislation reserves $5 million in 

funding from FY2017 to support states in connecting to the electronic interstate case-processing system. 

Effective date 

The provision is effective upon enactment. 

III. VOTES OF THE COMMITTEE 

In compliance with clause 3(b) of rule XIII of the Rules of the 

House of Representatives, the following statement is made concerning the vote of the Committee on Ways and Means in its consideration of H.R. 4472, the Modernizing the Interstate Placement 

of Children in Foster Care Act, on March 16, 2016. 

The bill, H.R. 4472, as amended, was ordered reported favorably 

by voice vote (with a quorum being present). 

IV. NEW BUDGET AUTHORITY AND TAX EXPENDITURES 

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 budget authority or tax expenditure budget authority. 

V. 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 Committee sets forth the following estimate and comparison prepared by the Director of the Congressional Budget Office. 


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U.S. CONGRESS, CONGRESSIONAL BUDGET OFFICE, Washington, DC, March 21, 2016. 

Hon. KEVIN BRADY, 

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. 4472, the Modernizing 

the Interstate Placement of Children in Foster Care Act. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Susanne S. Mehlman. 

Sincerely, 

KEITH HALL. 

Enclosure. 

H.R. 4472—Modernizing the Interstate Placement of Children in 

Foster Care Act 

Summary: H.R. 4472 would amend title IV of the Social Security 

Act to require states, no later than October 1, 2026, to develop an 

automated system that would facilitate the placement of children 

in foster care, guardianship, or adoptive homes across state lines. 

The legislation also would authorize the appropriation of $200-million in 2017 for a program called Promoting Safe and Stable Families (PSSF) administered by the Department of Health and Human 

Services (HHS). Of that amount, $5 million would be reserved for 

HHS to make grants to states and tribal entities to develop the 

processing system. CBO estimates that implementing this legislation would cost $200 million over the 2017–2021 period, assuming 

appropriation of the authorized amount. 

Because enacting the bill could affect direct spending, pay-asyou-go procedures apply; however, the increased spending would 

not be significant, CBO estimates. Enacting H.R. 4472 would not 

affect revenues. CBO estimates that enacting H.R. 4472 would not 

increase net direct spending or on-budget deficits in any of the four 

consecutive 10-year periods beginning in 2027. 

H.R. 4472 would impose intergovernmental mandates, as defined 

in the Unfunded Mandates Reform Act (UMRA), on state governments because it would increase the stringency of conditions in the 

foster care program. CBO estimates, however, that the cost of the 

mandates would not exceed the threshold established in UMRA for 

intergovernmental mandates ($77 million in 2016, adjusted annually for inflation). The bill contains no private-sector mandates as 

defined in UMRA. 

Estimated cost to the Federal Government: The estimated budgetary effect of this legislation is shown in the following table. The 

costs of this legislation fall within budget function 500 (education, 

training, employment, and social services). 

By fiscal year, in millions of dollars— 

2017 2018 2019 2020 2021 2017– 

2021 

INCREASES IN SPENDING SUBJECT TO APPROPRIATION 

Authorization Level ........................................................................................... 200 0 0 0 0 200 

Estimated Outlays ............................................................................................ 64 110 22 2 2 200 


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Basis of estimate: CBO assumes that H.R. 4472 will be enacted 

near the start of 2017 and that the amount authorized will be appropriated that year. Outlays are estimated based on historical 

spending patterns for the PSSF program. The current authorization for that program expires at the end of 2016; $60 million was 

appropriated for the program in 2016. 

Currently, under title IV–E of the Social Security Act, the federal 

government reimburses states for a portion of their spending on administrative activities, including the development of information 

technologies. To the extent that enacting this legislation increases 

state spending on the development and implementation of an automated processing system, direct spending for reimbursements 

would increase. However, based on information from HHS, CBO expects that most states have already begun to develop an automated 

processing system and nearly all will have such a system in place 

by the end of fiscal year 2026. Accordingly, CBO estimates that any 

additional spending by states to comply with the bill’s deadline for 

completing the automated system would not be significant. 

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. H.R. 4472 

would affect direct spending as states increase spending to develop 

and implement an automated system required under this bill. However, CBO estimates that any such additional spending would total 

less than $500,000 over the 2017–2026 period. 

Increase in long-term direct spending and deficits: CBO estimates that enacting the legislation would not increase net direct 

spending or on-budget deficits in any of the four consecutive 10- 

year periods beginning in 2027. 

Intergovernmental and private-sector impact: The bill would require states by October 1, 2016, to implement an electronic system 

for processing the placement of children in foster care, guardianship, or adoptive homes across state lines. For large entitlement 

grant programs like Foster Care and Adoption Assistance, 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. 

Federal assistance to states for administrative costs and flexibility 

in the program are both limited, so the new requirements would be 

intergovernmental mandates. 

Most states are already in the process of implementing electronic 

systems using existing resources, and CBO estimates that, in absence of this bill, nearly all states would have systems established 

by the end of fiscal year 2026. Therefore, CBO estimates that any 

additional costs to states would be insignificant and fall well below 

the threshold established in UMRA ($77 million in 2016, adjusted 

annually for inflation). 


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The bill contains no private-sector mandates as defined in 

UMRA. 

Estimate prepared by: Federal costs: Susanne S. Mehlman and 

Jennifer Gray; Impact on State, local, and Tribal governments: 

J’Nell Blanco Suchy; Impact on the private sector: Paige Piper/ 

Bach. 

Estimate approved by: H. Samuel Papenfuss, Deputy Assistant 

Director for Budget Analysis. 

VI. OTHER MATTERS TO BE DISCUSSED UNDER THE 

RULES OF THE HOUSE 

B. COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

With respect to clause 3(c)(1) of rule XIII of the Rules of the 

House of Representatives, the Committee advises that the findings 

and recommendations of the Committee, based on oversight activities under clause 2(b)(1) of rule X of the Rules of the House of Representatives, are incorporated in the description portions of this report. 

C. STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES

With respect to the requirement of clause 3(c)(4) of rule XIII of 

the Rules of the House of Representatives, the performance goals 

and objectives of this legislation are to amend title IV of the Social 

Security Act to require states to adopt an electronic interstate caseprocessing system to help expedite the placement of children in foster care or guardianship, or for adoption, across state lines, and to 

provide grants to aid states in developing such a system. 

D. APPLICABILITY OF HOUSE RULE XXI 5(b) 

Rule XXI 5(b) 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 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 provisions 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. 

F. DUPLICATION OF FEDERAL PROGRAMS

In compliance with Sec. 3(g)(2) of H. Res. 5 (114th Congress), the 

Committee states that no provision of the bill establishes or reauthorizes: (1) a program of the Federal Government known to be duplicative of another Federal program; (2) a program included in any 

report from the Government Accountability Office to Congress purVerDate Sep 11 2014 03:49 Mar 22, 2016 Jkt 059006 PO 00000 Frm 00015 Fmt 6659 Sfmt 6602 E:\HR\OC\HR460.XXX HR460

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suant to section 21 of Public Law 111–139; or (3) a program related 

to a program identified in the most recent Catalog of Federal Domestic Assistance, published pursuant to the Federal Program Information Act (Pub. L. No. 95–220, as amended by Pub. L. No. 98– 

169). 

G. DISCLOSURE OF DIRECTED RULE MAKINGS

In compliance with Sec. 3(i) of H. Res. 5 (114th Congress), the 

following statement is made concerning directed rule makings: The 

Committee estimates that the bill requires no directed rule makings within the meaning of such section. 

VII. CHANGES IN EXISTING LAW MADE BY THE BILL, AS 

REPORTED 

A. TEXT OF EXISTING LAW AMENDED OR REPEALED BY THE BILL, AS

REPORTED

In compliance with clause 3(e)(1)(A) of rule XIII of the Rules of 

the House of Representatives, the text of each section proposed to 

be amended or repealed by the bill, as reported, is shown below: 

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e)(1)(A) of rule XIII of the Rules of 

the House of Representatives, the text of each section proposed to 

be amended or repealed by the bill, as reported, is shown below: 

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 2—Promoting Safe and Stable Families 

* * * * * * * 

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 2012 through 2016. 

(b) RESERVATION OF CERTAIN AMOUNTS.—From the amount (if 

any) appropriated pursuant to subsection (a) for a fiscal year, the 

Secretary shall reserve amounts as follows: 

(1) EVALUATION, RESEARCH, TRAINING, AND TECHNICAL ASSISTANCE.—The Secretary shall reserve 3.3 percent for expendiVerDate Sep 11 2014 03:49 Mar 22, 2016 Jkt 059006 PO 00000 Frm 00016 Fmt 6659 Sfmt 6601 E:\HR\OC\HR460.XXX HR460

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ture by the Secretary for the activities described in section 

436(b)(1). 

(2) STATE COURT IMPROVEMENTS.—The Secretary shall reserve 3.3 percent for grants under section 438. 

(3) INDIAN TRIBES OR TRIBAL CONSORTIA.—The Secretary 

shall reserve 3 percent for allotment to Indian tribes or tribal 

consortia in accordance with subsection (c)(1). 

(c) ALLOTMENTS.— (1) INDIAN TRIBES OR TRIBAL CONSORTIA.—From the amount 

(if any) reserved pursuant to subsection (b)(3) for any fiscal 

year, the Secretary shall allot to each Indian tribe with a plan 

approved under this subpart an amount that bears the same 

ratio to such reserved amount as the number of children in the 

Indian tribe bears to the total number of children in all Indian 

tribes with State plans so approved, as determined by the Secretary on the basis of the most current and reliable information available to the Secretary. If a consortium of Indian tribes 

applies and is approved for a grant under this section, the Secretary shall allot to the consortium an amount equal to the 

sum of the allotments determined for each Indian tribe that is 

part of the consortium. 

(2) TERRITORIES.—From the amount (if any) appropriated 

pursuant to subsection (a) for any fiscal year that remains 

after applying subection (b) for the fiscal year, the Secretary 

shall allot to each of the jurisdictions of Puerto Rico, Guam, 

the Virgin Islands, the Northern Mariana Islands, and American Samoa an amount determined in the same manner as the 

allotment to each of such jurisdictions is determined under section 423. 

(3) OTHER STATES.—From the amount (if any) appropriated 

pursuant to subsection (a) for any fiscal year that remains 

after applying subsection (b) and paragraph (2) of this subsection for the fiscal year, the Secretary shall allot to each 

State (other than an Indian tribe) which is not specified in 

paragraph (2) of this subsection an amount equal to such remaining amount multiplied by the supplemental nutrition assistance program benefits percentage (as defined in section 

433(c)(2)) of the State for the fiscal year. 

(d) GRANTS.—The Secretary may make a grant to a State which 

has a plan approved under this subpart in an amount equal to the 

lesser of— 

(1) 75 percent of the total expenditures by the State for activities under the plan during the fiscal year or the immediately succeeding fiscal year; or 

(2) the allotment of the State under subsection (c) for the fiscal year. 

(e) APPLICABILITY OF CERTAIN RULES.—The rules of subsections 

(b) and (c) of section 434 shall apply in like manner to the amounts 

made available pursuant to subsection (a). 

(f) TARGETED GRANTS TO INCREASE THE WELL-BEING OF, AND TO

IMPROVE THE PERMANENCY OUTCOMES FOR, CHILDREN AFFECTED

BY 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 inteVerDate Sep 11 2014 03:49 Mar 22, 2016 Jkt 059006 PO 00000 Frm 00017 Fmt 6659 Sfmt 6601 E:\HR\OC\HR460.XXX HR460

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gration of programs and services, services and activities that 

are designed to increase the well-being of, improve permanency 

outcomes for, and enhance the safety of children who are in an 

out-of-home placement or are at risk of being placed in an outof-home placement as a result of a parent’s or caretaker’s substance abuse. 

(2) REGIONAL PARTNERSHIP DEFINED.— 

(A) IN GENERAL.—In this subsection, the term ‘‘regional 

partnership’’ means a collaborative agreement (which may 

be established on an interstate or intrastate basis) entered 

into by at least 2 of the following: 

(i) The State child welfare agency that is responsible 

for the administration of the State plan under this 

part and part E. 

(ii) The State agency responsible for administering 

the substance abuse prevention and treatment block 

grant provided under subpart II of part B of title XIX 

of the Public Health Service Act. 

(iii) An Indian tribe or tribal consortium. 

(iv) Nonprofit child welfare service providers. 

(v) For-profit child welfare service providers. 

(vi) Community health service providers. 

(vii) Community mental health providers. 

(viii) Local law enforcement agencies. 

(ix) Judges and court personnel. 

(x) Juvenile justice officials. 

(xi) School personnel. 

(xii) Tribal child welfare agencies (or a consortia of 

such agencies). 

(xiii) Any other providers, agencies, personnel, officials, or entities that are related to the provision of 

child and family services under this subpart. 

(B) REQUIREMENTS.— 

(i) STATE CHILD WELFARE AGENCY PARTNER.—Subject 

to clause (ii)(I), a regional partnership entered into for 

purposes of this subsection shall include the State 

child welfare agency that is responsible for the administration of the State plan under this part and part E 

as 1 of the partners. 

(ii) REGIONAL PARTNERSHIPS ENTERED INTO BY INDIAN TRIBES OR TRIBAL CONSORTIA.—If an Indian tribe 

or tribal consortium enters into a regional partnership 

for purposes of this subsection, the Indian tribe or 

tribal consortium— 

(I) may (but is not required to) include such 

State child welfare agency as a partner in the collaborative agreement; and 

(II) may not enter into a collaborative agreement only with tribal child welfare agencies (or a 

consortium of such agencies). 

(iii) NO STATE AGENCY ONLY PARTNERSHIPS.—If a 

State agency described in clause (i) or (ii) of subparagraph (A) enters into a regional partnership for purposes of this subsection, the State agency may not 


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enter into a collaborative agreement only with the 

other State agency described in such clause (i) or (ii). 

(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 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.— 

(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 substance abuse 

has had a substantial impact on the number of out-ofhome 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. 

(B) A description of the goals and outcomes to be 

achieved during the funding period for the grant that 

will— 

(i) enhance the well-being of children receiving services or taking part in activities conducted with funds 

provided under the grant; 

(ii) lead to safety and permanence for such children; 

and 

(iii) decrease 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. 

(C) A description of the joint activities to be funded in 

whole or in part with the funds provided under the grant, 

including the sequencing of the activities proposed to be 

conducted under the funding period for the grant. 

(D) A description of the strategies for integrating programs and services determined to be appropriate for the 

child and where appropriate, the child’s family. 

(E) A description of the strategies for— 

(i) collaborating with the State child welfare agency 

described in paragraph (2)(A)(i) (unless that agency is 

the lead applicant for the regional partnership); and 

(ii) consulting, as appropriate, with— 


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(I) the State agency described in paragraph 

(2)(A)(ii); and 

(II) the State law enforcement and judicial 

agencies. 

To the extent the Secretary determines that the requirement of this subparagraph would be inappropriate to apply 

to a regional partnership that includes an Indian tribe, 

tribal consortium, or a tribal child welfare agency or a consortium of such agencies, the Secretary may exempt the 

regional partnership from the requirement. 

(F) Such other information as the Secretary may require. 

(5) USE OF FUNDS.—Funds made available under a grant 

made under this subsection shall only be used for services or 

activities that are consistent with the purpose of this subsection and may include the following: 

(A) Family-based comprehensive long-term substance 

abuse treatment services. 

(B) Early intervention and preventative services. 

(C) Children and family counseling. 

(D) Mental health services. 

(E) Parenting skills training. 

(F) Replication of successful models for providing familybased comprehensive long-term substance abuse treatment 

services. 

(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) 85 percent for the first and second fiscal years for 

which the grant is awarded to a recipient; 

(ii) 80 percent for the third and fourth such fiscal 

years; 

(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. 

(B) NON-FEDERAL SHARE.—The non-Federal share of the 

cost of services provided or activities conducted under a 

grant awarded under this subsection may be in cash or in 

kind. In determining the amount of the non-Federal share, 

the Secretary may attribute fair market value to goods, 

services, and facilities contributed from non-Federal 

sources. 

(7) CONSIDERATIONS IN AWARDING GRANTS.—In awarding 

grants under this subsection, the Secretary shall take into consideration the extent to which applicant regional partnerships— 

(A) demonstrate that 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; 

(B) have limited resources for addressing the needs of 

children affected by such abuse; 


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(C) have a lack of capacity for, or access to, comprehensive family treatment services; and 

(D) demonstrate a plan for sustaining the services provided by or activities funded under the grant after the conclusion of the grant period. 

(8) PERFORMANCE INDICATORS.— 

(A) IN GENERAL.—Not later than 9 months after the date 

of enactment of this subsection, the Secretary shall establish indicators that will be used to assess periodically the 

performance of the grant recipients under this subsection 

in using funds made available under such grants to 

achieve the purpose of this subsection. 

(B) CONSULTATION REQUIRED.—In establishing the performance indicators required by subparagraph (A), the Secretary shall consult with the following: 

(i) The Assistant Secretary for the Administration 

for Children and Families. 

(ii) The Administrator of the Substance Abuse and 

Mental Health Services Administration. 

(iii) Representatives of States in which a State agency described in clause (i) or (ii) of paragraph (2)(A) is 

a member of a regional partnership that is a grant recipient under this subsection. 

(iv) Representatives of Indian tribes, tribal consortia, or tribal child welfare agencies that are members of a regional partnership that is a grant recipient 

under this subsection. 

(9) REPORTS.— 

(A) GRANTEE REPORTS.— 

(i) ANNUAL REPORT.—Not later than September 30 of 

the first fiscal year in which a recipient of a grant 

under this subsection is paid funds under the grant, 

and annually thereafter until September 30 of the last 

fiscal year in which the recipient is paid funds under 

the grant, the recipient shall submit to the Secretary 

a report on the services provided or activities carried 

out during that fiscal year with such funds. The report 

shall contain such information as the Secretary determines is necessary to provide an accurate description 

of the services provided or activities conducted with 

such funds. 

(ii) INCORPORATION OF INFORMATION RELATED TO

PERFORMANCE INDICATORS.—Each recipient of a grant 

under this subsection shall incorporate into the first 

annual report required by clause (i) that is submitted 

after the establishment of performance indicators 

under paragraph (8), information required in relation 

to such indicators. 

(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— 


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(i) the services provided and activities conducted 

with funds provided under grants awarded under this 

subsection; 

(ii) the performance indicators established under 

paragraph (8); and 

(iii) the progress that has been made in addressing 

the needs of families with 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 EX- PENSES 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. 

* * * * * * * 

PART E—FEDERAL PAYMENTS FOR FOSTER CARE AND ADOPTION

ASSISTANCE

* * * * * * * 

STATE PLAN FOR FOSTER CARE AND ADOPTION ASSISTANCE

SEC. 471. (a) In order for a State to be eligible for payments 

under this part, it shall have a plan approved by the Secretary 

which— 

(1) provides for foster care maintenance payments in accordance with section 472 and for adoption assistance in accordance with section 473; 

(2) provides that the State agency responsible for administering the program authorized by subpart 1 of part B of this 

title shall administer, or supervise the administration of, the 

program authorized by this part; 

(3) provides that the plan shall be in effect in all political 

subdivisions of the State, and, if administered by them, be 

mandatory upon them; 

(4) provides that the State shall assure that the programs at 

the local level assisted under this part will be coordinated with 

the programs at the State or local level assisted under parts 

A and B of this title, under subtitle 1 of title XX of this Act, 

and under any other appropriate provision of Federal law; 

(5) provides that the State will, in the administration of its 

programs under this part, use such methods relating to the establishment and maintenance of personnel standards on a 

merit basis as are found by the Secretary to be necessary for 

the proper and efficient operation of the programs, except that 

the Secretary shall exercise no authority with respect to the selection, tenure of office, or compensation of any individual employed in accordance with such methods; 

(6) provides that the State agency referred to in paragraph 

(2) (hereinafter in this part referred to as the ‘‘State agency’’) 

will make such reports, in such form and containing such information as the Secretary may from time to time require, and 


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comply with such provisions as the Secretary may from time 

to time find necessary to assure the correctness and 

verification of such reports; 

(7) provides that the State agency will monitor and conduct 

periodic evaluations of activities carried out under this part; 

(8) subject to subsection (c), provides safeguards which restrict the use of or disclosure of information concerning individuals assisted under the State plan to purposes directly connected with (A) the administration of the plan of the State approved under this part, the plan or program of the State under 

part A, B, or D of this title or under title I, V, X, XIV, XVI 

(as in effect in Puerto Rico, Guam, and the Virgin Islands), 

XIX, or XX, or the supplemental security income program established by title XVI, (B) any investigation, prosecution, or 

criminal or civil proceeding, conducted in connection with the 

administration of any such plan or program, (C) the administration of any other Federal or federally assisted program 

which provides assistance, in cash or in kind, or services, directly to individuals on the basis of need, (D) any audit or similar activity conducted in connection with the administration of 

any such plan or program by any governmental agency which 

is authorized by law to conduct such audit or activity, and (E) 

reporting and providing information pursuant to paragraph (9) 

to appropriate authorities with respect to known or suspected 

child abuse or neglect; and the safeguards so provided shall 

prohibit disclosure, to any committee or legislative body (other 

than an agency referred to in clause (D) with respect to an activity referred to in such clause), of any information which 

identifies by name or address any such applicant or recipient; 

except that nothing contained herein shall preclude a State 

from providing standards which restrict disclosures to purposes 

more limited than those specified herein, or which, in the case 

of adoptions, prevent disclosure entirely; 

(9) provides that the State agency will— 

(A) report to an appropriate agency or official, known or 

suspected instances of physical or mental injury, sexual 

abuse or exploitation, or negligent treatment or maltreatment of a child receiving aid under part B or this part 

under circumstances which indicate that the child’s health 

or welfare is threatened thereby; 

(B) provide such information with respect to a situation 

described in subparagraph (A) as the State agency may 

have; and 

(C) not later than— 

(i) 1 year after the date of enactment of this subparagraph, demonstrate to the Secretary that the 

State agency has developed, in consultation with State 

and local law enforcement, juvenile justice systems, 

health care providers, education agencies, and organizations with experience in dealing with at-risk children and youth, policies and procedures (including relevant training for caseworkers) for identifying, documenting in agency records, and determining appropriate services with respect to— 


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(I) any child or youth over whom the State 

agency has responsibility for placement, care, or 

supervision and who the State has reasonable 

cause to believe is, or is at risk of being, a sex 

trafficking victim (including children for whom a 

State child welfare agency has an open case file 

but who have not been removed from the home, 

children who have run away from foster care and 

who have not attained 18 years of age or such 

older age as the State has elected under section 

475(8) of this Act, and youth who are not in foster 

care but are receiving services under section 477 

of this Act); and 

(II) at the option of the State, any individual 

who has not attained 26 years of age, without regard to whether the individual is or was in foster 

care under the responsibility of the State; and 

(ii) 2 years after such date of enactment, demonstrate to the Secretary that the State agency is implementing the policies and procedures referred to in 

clause (i). 

(10) provides— 

(A) for the establishment or designation of a State authority or authorities that shall be responsible for establishing and maintaining standards for foster family homes 

and child care institutions which are reasonably in accord 

with recommended standards of national organizations 

concerned with standards for the institutions or homes, including standards related to admission policies, safety, 

sanitation, and protection of civil rights, and which shall 

permit use of the reasonable and prudent parenting standard; 

(B) that the standards established pursuant to subparagraph (A) shall be applied by the State to any foster family 

home or child care institution receiving funds under this 

part or part B and shall require, as a condition of each 

contract entered into by a child care institution to provide 

foster care, the presence on-site of at least 1 official who, 

with respect to any child placed at the child care institution, is designated to be the caregiver who is authorized to 

apply the reasonable and prudent parent standard to decisions involving the participation of the child in age or developmentally-appropriate activities, and who is provided 

with training in how to use and apply the reasonable and 

prudent parent standard in the same manner as prospective foster parents are provided the training pursuant to 

paragraph (24); 

(C) that the standards established pursuant to subparagraph (A) shall include policies related to the liability of 

foster parents and private entities under contract by the 

State involving the application of the reasonable and prudent parent standard, to ensure appropriate liability for 

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ance with the reasonable and prudent parent standard; 

and 

(D) that a waiver of any standards established pursuant 

to subparagraph (A) may be made only on a case-by-case 

basis for nonsafety standards (as determined by the State) 

in relative foster family homes for specific children in care; 

(11) provides for periodic review of the standards referred to 

in the preceding paragraph and amounts paid as foster care 

maintenance payments and adoption assistance to assure their 

continuing appropriateness; 

(12) provides for granting an opportunity for a fair hearing 

before the State agency to any individual whose claim for benefits available pursuant to this part is denied or is not acted 

upon with reasonable promptness; 

(13) provides that the State shall arrange for a periodic and 

independently conducted audit of the programs assisted under 

this part and part B of this title, which shall be conducted no 

less frequently than once every three years; 

(14) provides (A) specific goals (which shall be established by 

State law on or before October 1, 1982) for each fiscal year 

(commencing with the fiscal year which begins on October 1, 

1983) as to the maximum number of children (in absolute numbers or as a percentage of all children in foster care with respect to whom assistance under the plan is provided during 

such year) who, at any time during such year, will remain in 

foster care after having been in such care for a period in excess 

of twenty-four months, and (B) a description of the steps which 

will be taken by the State to achieve such goals; 

(15) provides that— 

(A) in determining reasonable efforts to be made with respect to a child, as described in this paragraph, and in 

making such reasonable efforts, the child’s health and 

safety shall be the paramount concern; 

(B) except as provided in subparagraph (D), reasonable 

efforts shall be made to preserve and reunify 

families— 

(i) prior to the placement of a child in foster care, to 

prevent or eliminate the need for removing the child 

from the child’s home; and 

(ii) to make it possible for a child to safely return to 

the child’s home; 

(C) if continuation of reasonable efforts of the type described in subparagraph (B) is determined to be inconsistent with the permanency plan for the child, reasonable 

efforts shall be made to place the child in a timely manner 

in accordance with the permanency plan (including, if appropriate, through an interstate placement), and to complete whatever steps are necessary to finalize the permanent placement of the child; 

(D) reasonable efforts of the type described in subparagraph (B) shall not be required to be made with respect to 

a parent of a child if a court of competent jurisdiction has 

determined that— 

(i) the parent has subjected the child to aggravated 

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tion may include but need not be limited to abandonment, torture, chronic abuse, and sexual abuse); 

(ii) the parent has— 

(I) committed murder (which would have been 

an offense under section 1111(a) of title 18, United 

States Code, if the offense had occurred in the 

special maritime or territorial jurisdiction of the 

United States) of another child of the parent; 

(II) committed voluntary manslaughter (which 

would have been an offense under section 1112(a) 

of title 18, United States Code, if the offense had 

occurred in the special maritime or territorial jurisdiction of the United States) of another child of 

the parent; 

(III) aided or abetted, attempted, conspired, or 

solicited to commit such a murder or such a voluntary manslaughter; or 

(IV) committed a felony assault that results in 

serious bodily injury to the child or another child 

of the parent; or 

(iii) the parental rights of the parent to a sibling 

have been terminated involuntarily; 

(E) if reasonable efforts of the type described in subparagraph (B) are not made with respect to a child as a result 

of a determination made by a court of competent jurisdiction in accordance with subparagraph (D)— 

(i) a permanency hearing (as described in section 

475(5)(C)), which considers in-State and out-of-State 

permanent placement options for the child, shall be 

held for the child within 30 days after the determination; and 

(ii) reasonable efforts shall be made to place the 

child in a timely manner in accordance with the permanency plan, and to complete whatever steps are 

necessary to finalize the permanent placement of the 

child; and 

(F) reasonable efforts to place a child for adoption or 

with a legal guardian, including identifying appropriate inState and out-of-State placements may be made concurrently with reasonable efforts of the type described in subparagraph (B); 

(16) provides for the development of a case plan (as defined 

in section 475(1) and in accordance with the requirements of 

section 475A) for each child receiving foster care maintenance 

payments under the State plan and provides for a case review 

system which meets the requirements described in sections 

475(5) and 475A with respect to each such child; 

(17) provides that, where appropriate, all steps will be taken, 

including cooperative efforts with the State agencies administering the program funded under part A and plan approved 

under part D, to secure an assignment to the State of any 

rights to support on behalf of each child receiving foster care 

maintenance payments under this part; 

(18) not later than January 1, 1997, provides that neither 

the State nor any other entity in the State that receives funds 


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from the Federal Government and is involved in adoption or 

foster care placements may— 

(A) deny to any person the opportunity to become an 

adoptive or a foster parent, on the basis of the race, color, 

or national origin of the person, or of the child, involved; 

or 

(B) delay or deny the placement of a child for adoption 

or into foster care, on the basis of the race, color, or national origin of the adoptive or foster parent, or the child, 

involved; 

(19) provides that the State shall consider giving preference 

to an adult relative over a non-related caregiver when determining a placement for a child, provided that the relative caregiver meets all relevant State child protection standards; 

(20)(A) provides procedures for criminal records checks, including fingerprint-based checks of national crime information 

databases (as defined in section 534(e)(3)(A) of title 28, United 

States Code), for any prospective foster or adoptive parent before the foster or adoptive parent may be finally approved for 

placement of a child regardless of whether foster care maintenance payments or adoption assistance payments are to be 

made on behalf of the child under the State plan under this 

part, including procedures requiring that— 

(i) in any case involving a child on whose behalf such 

payments are to be so made in which a record check reveals a felony conviction for child abuse or neglect, for 

spousal abuse, for a crime against children (including child 

pornography), or for a crime involving violence, including 

rape, sexual assault, or homicide, but not including other 

physical assault or battery, if a State finds that a court of 

competent jurisdiction has determined that the felony was 

committed at any time, such final approval shall not be 

granted; and 

(ii) in any case involving a child on whose behalf such 

payments are to be so made in which a record check reveals a felony conviction for physical assault, battery, or a 

drug-related offense, if a State finds that a court of competent jurisdiction has determined that the felony was 

committed within the past 5 years, such final approval 

shall not be granted; and 

(B) provides that the State shall— 

(i) check any child abuse and neglect registry maintained by the State for information on any prospective foster or adoptive parent and on any other adult living in the 

home of such a prospective parent, and request any other 

State in which any such prospective parent or other adult 

has resided in the preceding 5 years, to enable the State 

to check any child abuse and neglect registry maintained 

by such other State for such information, before the prospective foster or adoptive parent may be finally approved 

for placement of a child, regardless of whether foster care 

maintenance payments or adoption assistance payments 

are to be made on behalf of the child under the State plan 

under this part; 


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(ii) comply with any request described in clause (i) that 

is received from another State; and 

(iii) have in place safeguards to prevent the unauthorized disclosure of information in any child abuse and neglect registry maintained by the State, and to prevent any 

such information obtained pursuant to this subparagraph 

from being used for a purpose other than the conducting 

of background checks in foster or adoptive placement 

cases; and 

(C) provides procedures for criminal records checks, including fingerprint-based checks of national crime information 

databases (as defined in section 534(e)(3)(A) of title 28, United 

States Code), on any relative guardian, and for checks described in subparagraph (B) of this paragraph on any relative 

guardian and any other adult living in the home of any relative guardian, before the relative guardian may receive kinship guardianship assistance payments on behalf of the child 

under the State plan under this part; 

(21) provides for health insurance coverage (including, at 

State option, through the program under the State plan approved under title XIX) for any child who has been determined 

to be a child with special needs, for whom there is in effect an 

adoption assistance agreement (other than an agreement under 

this part) between the State and an adoptive parent or parents, and who the State has determined cannot be placed with 

an adoptive parent or parents without medical assistance because such child has special needs for medical, mental health, 

or rehabilitative care, and that with respect to the provision of 

such health insurance coverage— 

(A) such coverage may be provided through 1 or more 

State medical assistance programs; 

(B) the State, in providing such coverage, shall ensure 

that the medical benefits, including mental health benefits, provided are of the same type and kind as those that 

would be provided for children by the State under title 

XIX; 

(C) in the event that the State provides such coverage 

through a State medical assistance program other than the 

program under title XIX, and the State exceeds its funding 

for services under such other program, any such child shall 

be deemed to be receiving aid or assistance under the 

State plan under this part for purposes of section 

1902(a)(10)(A)(i)(I); and 

(D) in determining cost-sharing requirements, the State 

shall take into consideration the circumstances of the 

adopting parent or parents and the needs of the child 

being adopted consistent, to the extent coverage is provided through a State medical assistance program, with 

the rules under such program; 

(22) provides that, not later than January 1, 1999, the State 

shall develop and implement standards to ensure that children 

in foster care placements in public or private agencies are provided quality services that protect the safety and health of the 

children; 

(23) provides that the State shall not— 


emcdonald on DSK67QTVN1PROD with HEARING
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(A) deny or delay the placement of a child for adoption 

when an approved family is available outside of the 

jurisdiction with responsibility for handling the case of the 

child; or 

(B) fail to grant an opportunity for a fair hearing, as described in paragraph (12), to an individual whose allegation of a violation of subparagraph (A) of this paragraph 

is denied by the State or not acted upon by the State with 

reasonable promptness; 

(24) includes a certification that, before a child in foster care 

under the responsibility of the State is placed with prospective 

foster parents, the prospective foster parents will be prepared 

adequately with the appropriate knowledge and skills to provide for the needs of the child, that the preparation will be continued, as necessary, after the placement of the child, and that 

the preparation shall include knowledge and skills relating to 

the reasonable and prudent parent standard for the participation of the child in age or developmentally-appropriate activities, including knowledge and skills relating to the developmental stages of the cognitive, emotional, physical, and behavioral capacities of a child, and knowledge and skills relating to 

applying the standard to decisions such as whether to allow 

the child to engage in social, extracurricular, enrichment, cultural, and social activities, including sports, field trips, and 

overnight activities lasting 1 or more days, and to decisions involving the signing of permission slips and arranging of transportation for the child to and from extracurricular, enrichment, 

and social activities; 

(25) provide that the State shall have in effect procedures for 

the orderly and timely interstate placement of children; and 

procedures implemented in accordance with an interstate compact, if incorporating with the procedures prescribed by paragraph (26), shall be considered to satisfy the requirement of 

this paragraph; 

(26) provides that— 

(A)(i) within 60 days after the State receives from another State a request to conduct a study of a home environment for purposes of assessing the safety and suitability of placing a child in the home, the State shall, directly or by contract— 

(I) conduct and complete the study; and 

(II) return to the other State a report on the results 

of the study, which shall address the extent to which 

placement in the home would meet the needs of the 

child; and 

(ii) in the case of a home study begun on or before September 30, 2008, if the State fails to comply with clause 

(i) within the 60-day period as a result of circumstances 

beyond the control of the State (such as a failure by a Federal agency to provide the results of a background check, 

or the failure by any entity to provide completed medical 

forms, requested by the State at least 45 days before the 

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

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cumstances involved and certifies that completing the 

home study is in the best interests of the child; except that 

(iii) this subparagraph shall not be construed to require 

the State to have completed, within the applicable period, 

the parts of the home study involving the education and 

training of the prospective foster or adoptive parents; 

(B) the State shall treat any report described in subparagraph (A) that is received from another State or an Indian tribe (or from a private agency under contract with 

another State) as meeting any requirements imposed by 

the State for the completion of a home study before placing 

a child in the home, unless, within 14 days after receipt 

of the report, the State determines, based on grounds that 

are specific to the content of the report, that making a decision in reliance on the report would be contrary to the 

welfare of the child; and 

(C) the State shall not impose any restriction on the 

ability of a State agency administering, or supervising the 

administration of, a State program operated under a State 

plan approved under this part to contract with a private 

agency for the conduct of a home study described in subparagraph (A); 

(27) provides that, with respect to any child in foster care 

under the responsibility of the State under this part or part B 

and without regard to whether foster care maintenance payments are made under section 472 on behalf of the child, the 

State has in effect procedures for verifying the citizenship or 

immigration status of the child; 

(28) at the option of the State, provides for the State to enter 

into kinship guardianship assistance agreements to provide 

kinship guardianship assistance payments on behalf of children to grandparents and other relatives who have assumed 

legal guardianship of the children for whom they have cared as 

foster parents and for whom they have committed to care on 

a permanent basis, as provided in section 473(d); 

(29) provides that, within 30 days after the removal of a 

child from the custody of the parent or parents of the child, the 

State shall exercise due diligence to identify and provide notice 

to the following relatives: all adult grandparents, all parents of 

a sibling of the child, where such parent has legal custody of 

such sibling, and other adult relatives of the child (including 

any other adult relatives suggested by the parents), subject to 

exceptions due to family or domestic violence, that— 

(A) specifies that the child has been or is being removed 

from the custody of the parent or parents of the child; 

(B) explains the options the relative has under Federal, 

State, and local law to participate in the care and placement of the child, including any options that may be lost 

by failing to respond to the notice; 

(C) describes the requirements under paragraph (10) of 

this subsection to become a foster family home and the additional services and supports that are available for children placed in such a home; and 

(D) if the State has elected the option to make kinship 

guardianship assistance payments under paragraph (28) of 


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this subsection, describes how the relative guardian of the 

child may subsequently enter into an agreement with the 

State under section 473(d) to receive the payments; 

(30) provides assurances that each child who has attained 

the minimum age for compulsory school attendance under 

State law and with respect to whom there is eligibility for a 

payment under the State plan is a full-time elementary or secondary school student or has completed secondary school, and 

for purposes of this paragraph, the term ‘‘elementary or secondary school student’’ means, with respect to a child, that the 

child is— 

(A) enrolled (or in the process of enrolling) in an institution which provides elementary or secondary education, as 

determined under the law of the State or other jurisdiction 

in which the institution is located; 

(B) instructed in elementary or secondary education at 

home in accordance with a home school law of the State 

or other jurisdiction in which the home is located; 

(C) in an independent study elementary or secondary 

education program in accordance with the law of the State 

or other jurisdiction in which the program is located, 

which is administered by the local school or school district; 

or 

(D) incapable of attending school on a full-time basis due 

to the medical condition of the child, which incapability is 

supported by regularly updated information in the case 

plan of the child; 

(31) provides that reasonable efforts shall be made— 

(A) to place siblings removed from their home in the 

same foster care, kinship guardianship, or adoptive placement, unless the State documents that such a joint placement would be contrary to the safety or well-being of any 

of the siblings; and 

(B) in the case of siblings removed from their home who 

are not so jointly placed, to provide for frequent visitation 

or other ongoing interaction between the siblings, unless 

that State documents that frequent visitation or other ongoing interaction would be contrary to the safety or wellbeing of any of the siblings; 

(32) provides that the State will negotiate in good faith with 

any Indian tribe, tribal organization or tribal consortium in the 

State that requests to develop an agreement with the State to 

administer all or part of the program under this part on behalf 

of Indian children who are under the authority of the tribe, organization, or consortium, including foster care maintenance 

payments on behalf of children who are placed in State or tribally licensed foster family homes, adoption assistance payments, and, if the State has elected to provide such payments, 

kinship guardianship assistance payments under section 

473(d), and tribal access to resources for administration, training, and data collection under this part; 

(33) provides that the State will inform any individual who 

is adopting, or whom the State is made aware is considering 

adopting, a child who is in foster care under the responsibility 

of the State of the potential eligibility of the individual for a 


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Federal tax credit under section 23 of the Internal Revenue 

Code of 1986; 

(34) provides that, for each child or youth described in paragraph (9)(C)(i)(I), the State agency shall— 

(A) not later than 2 years after the date of the enactment of this paragraph, report immediately, and in no case 

later than 24 hours after receiving information on children 

or youth who have been identified as being a sex trafficking victim, to the law enforcement authorities; and 

(B) not later than 3 years after such date of enactment 

and annually thereafter, report to the Secretary the total 

number of children and youth who are sex trafficking victims; and 

(35) provides that— 

(A) not later than 1 year after the date of the enactment 

of this paragraph, the State shall develop and implement 

specific protocols for— 

(i) expeditiously locating any child missing from foster care; 

(ii) determining the primary factors that contributed 

to the child’s running away or otherwise being absent 

from care, and to the extent possible and appropriate, 

responding to those factors in current and subsequent 

placements; 

(iii) determining the child’s experiences while absent 

from care, including screening the child to determine 

if the child is a possible sex trafficking victim (as defined in section 475(9)(A)); and 

(iv) reporting such related information as required 

by the Secretary; and 

(B) not later than 2 years after such date of enactment, 

for each child and youth described in paragraph (9)(C)(i)(I) 

of this subsection, the State agency shall report immediately, and in no case later than 24 hours after receiving, 

information on missing or abducted children or youth to 

the law enforcement authorities for entry into the National 

Crime Information Center (NCIC) database of the Federal 

Bureau of Investigation, established pursuant to section 

534 of title 28, United States Code, and to the National 

Center for Missing and Exploited Children. 

(b) The Secretary shall approve any plan which complies with the 

provisions of subsection (a) of this section. 

(c) USE OF CHILD WELFARE RECORDS IN STATE COURT PROCEEDINGS.—Subsection (a)(8) shall not be construed to limit the 

flexibility of a State in determining State policies relating to public 

access to court proceedings to determine child abuse and neglect or 

other court hearings held pursuant to part B or this part, except 

that such policies shall, at a minimum, ensure the safety and wellbeing of the child, parents, and family. 

(d) ANNUAL REPORTS BY THE SECRETARY ON NUMBER OF CHIL- DREN AND YOUTH REPORTED BY STATES TO BE SEX TRAFFICKING

VICTIMS.—Not later than 4 years after the date of the enactment 

of this subsection and annually thereafter, the Secretary shall report to the Congress and make available to the public on the Internet website of the Department of Health and Human Services the 


emcdonald on DSK67QTVN1PROD with HEARING
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number of children and youth reported in accordance with subsection (a)(34)(B) of this section to be sex trafficking victims (as defined in section 475(9)(A)). 

* * * * * * * 

B. CHANGES IN EXISTING LAW PROPOSED BY THE BILL, AS REPORTED

In compliance with clause 3(e)(1)(B) of rule XIII of the Rules of 

the House of Representatives, changes in existing law proposed 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): 

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e)(1)(B) of rule XIII of the Rules of 

the House of Representatives, changes in existing law proposed by 

the bill, as reported, are shown as follows (existing law proposed 

to be omitted is enclosed in black brackets and 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 2—Promoting Safe and Stable Families 

* * * * * * * 

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 2012 through ø2016¿ 2017. 

(b) RESERVATION OF CERTAIN AMOUNTS.—From the amount (if 

any) appropriated pursuant to subsection (a) for a fiscal year, the 

Secretary shall reserve amounts as follows: 

(1) EVALUATION, RESEARCH, TRAINING, AND TECHNICAL ASSISTANCE.—The Secretary shall reserve 3.3 percent for expenditure by the Secretary for the activities described in section 

436(b)(1). 

(2) STATE COURT IMPROVEMENTS.—The Secretary shall reserve 3.3 percent for grants under section 438. 

(3) INDIAN TRIBES OR TRIBAL CONSORTIA.—The Secretary 

shall reserve 3 percent for allotment to Indian tribes or tribal 

consortia in accordance with subsection (c)(1). 


emcdonald on DSK67QTVN1PROD with HEARING
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(4) IMPROVING THE INTERSTATE PLACEMENT OF CHILDREN.— The Secretary shall reserve $5,000,000 of the amount made 

available for fiscal year 2017 for grants under subsection (g), 

and the amount so reserved shall remain available through fiscal year 2021. 

(c) ALLOTMENTS.— (1) INDIAN TRIBES OR TRIBAL CONSORTIA.—From the amount 

(if any) reserved pursuant to subsection (b)(3) for any fiscal 

year, the Secretary shall allot to each Indian tribe with a plan 

approved under this subpart an amount that bears the same 

ratio to such reserved amount as the number of children in the 

Indian tribe bears to the total number of children in all Indian 

tribes with State plans so approved, as determined by the Secretary on the basis of the most current and reliable information available to the Secretary. If a consortium of Indian tribes 

applies and is approved for a grant under this section, the Secretary shall allot to the consortium an amount equal to the 

sum of the allotments determined for each Indian tribe that is 

part of the consortium. 

(2) TERRITORIES.—From the amount (if any) appropriated 

pursuant to subsection (a) for any fiscal year that remains 

after applying subection (b) for the fiscal year, the Secretary 

shall allot to each of the jurisdictions of Puerto Rico, Guam, 

the Virgin Islands, the Northern Mariana Islands, and American Samoa an amount determined in the same manner as the 

allotment to each of such jurisdictions is determined under section 423. 

(3) OTHER STATES.—From the amount (if any) appropriated 

pursuant to subsection (a) for any fiscal year that remains 

after applying subsection (b) and paragraph (2) of this subsection for the fiscal year, the Secretary shall allot to each 

State (other than an Indian tribe) which is not specified in 

paragraph (2) of this subsection an amount equal to such remaining amount multiplied by the supplemental nutrition assistance program benefits percentage (as defined in section 

433(c)(2)) of the State for the fiscal year. 

(d) GRANTS.—The Secretary may make a grant to a State which 

has a plan approved under this subpart in an amount equal to the 

lesser of— 

(1) 75 percent of the total expenditures by the State for activities under the plan during the fiscal year or the immediately succeeding fiscal year; or 

(2) the allotment of the State under subsection (c) for the fiscal year. 

(e) APPLICABILITY OF CERTAIN RULES.—The rules of subsections 

(b) and (c) of section 434 shall apply in like manner to the amounts 

made available pursuant to subsection (a). 

(f) TARGETED GRANTS TO INCREASE THE WELL-BEING OF, AND TO

IMPROVE THE PERMANENCY OUTCOMES FOR, CHILDREN AFFECTED

BY 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 


emcdonald on DSK67QTVN1PROD with HEARING
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outcomes for, and enhance the safety of children who are in an 

out-of-home placement or are at risk of being placed in an outof-home placement as a result of a parent’s or caretaker’s substance abuse. 

(2) REGIONAL PARTNERSHIP DEFINED.— (A) IN GENERAL.—In this subsection, the term ‘‘regional 

partnership’’ means a collaborative agreement (which may 

be established on an interstate or intrastate basis) entered 

into by at least 2 of the following: 

(i) The State child welfare agency that is responsible 

for the administration of the State plan under this 

part and part E. 

(ii) The State agency responsible for administering 

the substance abuse prevention and treatment block 

grant provided under subpart II of part B of title XIX 

of the Public Health Service Act. 

(iii) An Indian tribe or tribal consortium. 

(iv) Nonprofit child welfare service providers. 

(v) For-profit child welfare service providers. 

(vi) Community health service providers. 

(vii) Community mental health providers. 

(viii) Local law enforcement agencies. 

(ix) Judges and court personnel. 

(x) Juvenile justice officials. 

(xi) School personnel. 

(xii) Tribal child welfare agencies (or a consortia of 

such agencies). 

(xiii) Any other providers, agencies, personnel, officials, or entities that are related to the provision of 

child and family services under this subpart. 

(B) REQUIREMENTS.— (i) STATE CHILD WELFARE AGENCY PARTNER.—Subject 

to clause (ii)(I), a regional partnership entered into for 

purposes of this subsection shall include the State 

child welfare agency that is responsible for the administration of the State plan under this part and part E 

as 1 of the partners. 

(ii) REGIONAL PARTNERSHIPS ENTERED INTO BY IN- DIAN TRIBES OR TRIBAL CONSORTIA.—If an Indian tribe 

or tribal consortium enters into a regional partnership 

for purposes of this subsection, the Indian tribe or 

tribal consortium— 

(I) may (but is not required to) include such 

State child welfare agency as a partner in the collaborative agreement; and 

(II) may not enter into a collaborative agreement only with tribal child welfare agencies (or a 

consortium of such agencies). 

(iii) NO STATE AGENCY ONLY PARTNERSHIPS.—If a 

State agency described in clause (i) or (ii) of subparagraph (A) enters into a regional partnership for purposes of this subsection, the State agency may not 

enter into a collaborative agreement only with the 

other State agency described in such clause (i) or (ii). 

(3) AUTHORITY TO AWARD GRANTS.— 


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(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 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.— (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 substance abuse 

has had a substantial impact on the number of out-ofhome 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. 

(B) A description of the goals and outcomes to be 

achieved during the funding period for the grant that 

will— 

(i) enhance the well-being of children receiving services or taking part in activities conducted with funds 

provided under the grant; 

(ii) lead to safety and permanence for such children; 

and 

(iii) decrease 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. 

(C) A description of the joint activities to be funded in 

whole or in part with the funds provided under the grant, 

including the sequencing of the activities proposed to be 

conducted under the funding period for the grant. 

(D) A description of the strategies for integrating programs and services determined to be appropriate for the 

child and where appropriate, the child’s family. 

(E) A description of the strategies for— 

(i) collaborating with the State child welfare agency 

described in paragraph (2)(A)(i) (unless that agency is 

the lead applicant for the regional partnership); and 

(ii) consulting, as appropriate, with— 

(I) the State agency described in paragraph 

(2)(A)(ii); and 

(II) the State law enforcement and judicial 

agencies. 


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To the extent the Secretary determines that the requirement of this subparagraph would be inappropriate to apply 

to a regional partnership that includes an Indian tribe, 

tribal consortium, or a tribal child welfare agency or a consortium of such agencies, the Secretary may exempt the 

regional partnership from the requirement. 

(F) Such other information as the Secretary may require. 

(5) USE OF FUNDS.—Funds made available under a grant 

made under this subsection shall only be used for services or 

activities that are consistent with the purpose of this subsection and may include the following: 

(A) Family-based comprehensive long-term substance 

abuse treatment services. 

(B) Early intervention and preventative services. 

(C) Children and family counseling. 

(D) Mental health services. 

(E) Parenting skills training. 

(F) Replication of successful models for providing familybased comprehensive long-term substance abuse treatment 

services. 

(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) 85 percent for the first and second fiscal years for 

which the grant is awarded to a recipient; 

(ii) 80 percent for the third and fourth such fiscal 

years; 

(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. 

(B) NON-FEDERAL SHARE.—The non-Federal share of the 

cost of services provided or activities conducted under a 

grant awarded under this subsection may be in cash or in 

kind. In determining the amount of the non-Federal share, 

the Secretary may attribute fair market value to goods, 

services, and facilities contributed from non-Federal 

sources. 

(7) CONSIDERATIONS IN AWARDING GRANTS.—In awarding 

grants under this subsection, the Secretary shall take into consideration the extent to which applicant regional partnerships— 

(A) demonstrate that 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; 

(B) have limited resources for addressing the needs of 

children affected by such abuse; 

(C) have a lack of capacity for, or access to, comprehensive family treatment services; and 

(D) demonstrate a plan for sustaining the services provided by or activities funded under the grant after the conclusion of the grant period. 


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(8) PERFORMANCE INDICATORS.— (A) IN GENERAL.—Not later than 9 months after the date 

of enactment of this subsection, the Secretary shall establish indicators that will be used to assess periodically the 

performance of the grant recipients under this subsection 

in using funds made available under such grants to 

achieve the purpose of this subsection. 

(B) CONSULTATION REQUIRED.—In establishing the performance indicators required by subparagraph (A), the Secretary shall consult with the following: 

(i) The Assistant Secretary for the Administration 

for Children and Families. 

(ii) The Administrator of the Substance Abuse and 

Mental Health Services Administration. 

(iii) Representatives of States in which a State agency described in clause (i) or (ii) of paragraph (2)(A) is 

a member of a regional partnership that is a grant recipient under this subsection. 

(iv) Representatives of Indian tribes, tribal consortia, or tribal child welfare agencies that are members of a regional partnership that is a grant recipient 

under this subsection. 

(9) REPORTS.— (A) GRANTEE REPORTS.— (i) ANNUAL REPORT.—Not later than September 30 of 

the first fiscal year in which a recipient of a grant 

under this subsection is paid funds under the grant, 

and annually thereafter until September 30 of the last 

fiscal year in which the recipient is paid funds under 

the grant, the recipient shall submit to the Secretary 

a report on the services provided or activities carried 

out during that fiscal year with such funds. The report 

shall contain such information as the Secretary determines is necessary to provide an accurate description 

of the services provided or activities conducted with 

such funds. 

(ii) INCORPORATION OF INFORMATION RELATED TO

PERFORMANCE INDICATORS.—Each recipient of a grant 

under this subsection shall incorporate into the first 

annual report required by clause (i) that is submitted 

after the establishment of performance indicators 

under paragraph (8), information required in relation 

to such indicators. 

(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) the services provided and activities conducted 

with funds provided under grants awarded under this 

subsection; 

(ii) the performance indicators established under 

paragraph (8); and 

(iii) the progress that has been made in addressing 

the needs of families with substance abuse problems 


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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 EX- PENSES 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. 

(g) GRANTS FOR THE DEVELOPMENT OF AN ELECTRONIC INTERSTATE CASE-PROCESSING SYSTEM TO EXPEDITE THE INTERSTATE

PLACEMENT OF CHILDREN IN FOSTER CARE OR GUARDIANSHIP, OR

FOR ADOPTION.— 

(1) PURPOSE.—The purpose of this subsection is to facilitate 

the development of an electronic interstate case-processing system for the exchange of data and documents to expedite the 

placements of children in foster, guardianship, or adoptive 

homes across State lines. 

(2) APPLICATION REQUIREMENTS.—A State that desires a 

grant under this subsection shall submit to the Secretary an application containing the following: 

(A) A description of the goals and outcomes to be 

achieved during the period for which grant funds are 

sought, which goals and outcomes must result in— 

(i) reducing the time it takes for a child to be provided with a safe and appropriate permanent living arrangement across State lines; 

(ii) improving administrative processes and reducing 

costs in the foster care system; and 

(iii) the secure exchange of relevant case files and 

other necessary materials in real time, and timely communications and placement decisions regarding interstate placements of children. 

(B) A description of the activities to be funded in whole 

or in part with the grant funds, including the sequencing 

of the activities. 

(C) A description of the strategies for integrating programs and services for children who are placed across 

State lines. 

(D) Such other information as the Secretary may require. 

(3) GRANT AUTHORITY.—The Secretary may make a grant to 

a State that complies with paragraph (2). 

(4) USE OF FUNDS.—A State to which a grant is made under 

this subsection shall use the grant to support the State in connecting with the electronic interstate case-processing system described in paragraph (1). 

(5) EVALUATIONS.—Not later than 1 year after the final year 

in which grants are awarded under this subsection, the Secretary shall submit to the Congress, and make available to the 

general public by posting on a website, a report that contains 

the following information: 

(A) How using the electronic interstate case-processing 

system developed pursuant to paragraph (4) has changed 

the time it takes for children to be placed across State lines. 


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(B) The number of cases subject to the Interstate Compact 

on the Placement of Children that were processed through 

the electronic interstate case-processing system, and the 

number of interstate child placement cases that were processed outside the electronic interstate case-processing system, by each State in each year. 

(C) The progress made by States in implementing the 

electronic interstate case-processing system. 

(D) How using the electronic interstate case-processing 

system has affected various metrics related to child safety 

and well-being, including the time it takes for children to 

be placed across State lines. 

(E) How using the electronic interstate case-processing 

system has affected administrative costs and caseworker 

time spent on placing children across State lines. 

(6) DATA INTEGRATION.—The Secretary, in consultation with 

the Secretariat for the Interstate Compact on the Placement of 

Children and the States, shall assess how the electronic interstate case-processing system developed pursuant to paragraph 

(4) could be used to better serve and protect children that come 

to the attention of the child welfare system, by— 

(A) connecting the system with other data systems (such 

as systems operated by State law enforcement and judicial 

agencies, systems operated by the Federal Bureau of Investigation for the purposes of the Innocence Lost National Initiative, and other systems); 

(B) simplifying and improving reporting related to paragraphs (34) and (35) of section 471(a) regarding children or 

youth who have been identified as being a sex trafficking 

victim or children missing from foster care; and 

(C) improving the ability of States to quickly comply with 

background check requirements of section 471(a)(20), including checks of child abuse and neglect registries as required by section 471(a)(20)(B). 

* * * * * * * 

PART E—FEDERAL PAYMENTS FOR FOSTER CARE AND ADOPTION

ASSISTANCE

* * * * * * * 

STATE PLAN FOR FOSTER CARE AND ADOPTION ASSISTANCE

SEC. 471. (a) In order for a State to be eligible for payments 

under this part, it shall have a plan approved by the Secretary 

which— 

(1) provides for foster care maintenance payments in accordance with section 472 and for adoption assistance in accordance with section 473; 

(2) provides that the State agency responsible for administering the program authorized by subpart 1 of part B of this 

title shall administer, or supervise the administration of, the 

program authorized by this part; 

(3) provides that the plan shall be in effect in all political 

subdivisions of the State, and, if administered by them, be 

mandatory upon them; 


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(4) provides that the State shall assure that the programs at 

the local level assisted under this part will be coordinated with 

the programs at the State or local level assisted under parts 

A and B of this title, under subtitle 1 of title XX of this Act, 

and under any other appropriate provision of Federal law; 

(5) provides that the State will, in the administration of its 

programs under this part, use such methods relating to the establishment and maintenance of personnel standards on a 

merit basis as are found by the Secretary to be necessary for 

the proper and efficient operation of the programs, except that 

the Secretary shall exercise no authority with respect to the selection, tenure of office, or compensation of any individual employed in accordance with such methods; 

(6) provides that the State agency referred to in paragraph 

(2) (hereinafter in this part referred to as the ‘‘State agency’’) 

will make such reports, in such form and containing such information as the Secretary may from time to time require, and 

comply with such provisions as the Secretary may from time 

to time find necessary to assure the correctness and 

verification of such reports; 

(7) provides that the State agency will monitor and conduct 

periodic evaluations of activities carried out under this part; 

(8) subject to subsection (c), provides safeguards which restrict the use of or disclosure of information concerning individuals assisted under the State plan to purposes directly connected with (A) the administration of the plan of the State approved under this part, the plan or program of the State under 

part A, B, or D of this title or under title I, V, X, XIV, XVI 

(as in effect in Puerto Rico, Guam, and the Virgin Islands), 

XIX, or XX, or the supplemental security income program established by title XVI, (B) any investigation, prosecution, or 

criminal or civil proceeding, conducted in connection with the 

administration of any such plan or program, (C) the administration of any other Federal or federally assisted program 

which provides assistance, in cash or in kind, or services, directly to individuals on the basis of need, (D) any audit or similar activity conducted in connection with the administration of 

any such plan or program by any governmental agency which 

is authorized by law to conduct such audit or activity, and (E) 

reporting and providing information pursuant to paragraph (9) 

to appropriate authorities with respect to known or suspected 

child abuse or neglect; and the safeguards so provided shall 

prohibit disclosure, to any committee or legislative body (other 

than an agency referred to in clause (D) with respect to an activity referred to in such clause), of any information which 

identifies by name or address any such applicant or recipient; 

except that nothing contained herein shall preclude a State 

from providing standards which restrict disclosures to purposes 

more limited than those specified herein, or which, in the case 

of adoptions, prevent disclosure entirely; 

(9) provides that the State agency will— 

(A) report to an appropriate agency or official, known or 

suspected instances of physical or mental injury, sexual 

abuse or exploitation, or negligent treatment or maltreatment of a child receiving aid under part B or this part 


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under circumstances which indicate that the child’s health 

or welfare is threatened thereby; 

(B) provide such information with respect to a situation 

described in subparagraph (A) as the State agency may 

have; and 

(C) not later than— 

(i) 1 year after the date of enactment of this subparagraph, demonstrate to the Secretary that the 

State agency has developed, in consultation with State 

and local law enforcement, juvenile justice systems, 

health care providers, education agencies, and organizations with experience in dealing with at-risk children and youth, policies and procedures (including relevant training for caseworkers) for identifying, documenting in agency records, and determining appropriate services with respect to— 

(I) any child or youth over whom the State 

agency has responsibility for placement, care, or 

supervision and who the State has reasonable 

cause to believe is, or is at risk of being, a sex 

trafficking victim (including children for whom a 

State child welfare agency has an open case file 

but who have not been removed from the home, 

children who have run away from foster care and 

who have not attained 18 years of age or such 

older age as the State has elected under section 

475(8) of this Act, and youth who are not in foster 

care but are receiving services under section 477 

of this Act); and 

(II) at the option of the State, any individual 

who has not attained 26 years of age, without regard to whether the individual is or was in foster 

care under the responsibility of the State; and 

(ii) 2 years after such date of enactment, demonstrate to the Secretary that the State agency is implementing the policies and procedures referred to in 

clause (i). 

(10) provides— 

(A) for the establishment or designation of a State authority or authorities that shall be responsible for establishing and maintaining standards for foster family homes 

and child care institutions which are reasonably in accord 

with recommended standards of national organizations 

concerned with standards for the institutions or homes, including standards related to admission policies, safety, 

sanitation, and protection of civil rights, and which shall 

permit use of the reasonable and prudent parenting standard; 

(B) that the standards established pursuant to subparagraph (A) shall be applied by the State to any foster family 

home or child care institution receiving funds under this 

part or part B and shall require, as a condition of each 

contract entered into by a child care institution to provide 

foster care, the presence on-site of at least 1 official who, 

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tion, is designated to be the caregiver who is authorized to 

apply the reasonable and prudent parent standard to decisions involving the participation of the child in age or developmentally-appropriate activities, and who is provided 

with training in how to use and apply the reasonable and 

prudent parent standard in the same manner as prospective foster parents are provided the training pursuant to 

paragraph (24); 

(C) that the standards established pursuant to subparagraph (A) shall include policies related to the liability of 

foster parents and private entities under contract by the 

State involving the application of the reasonable and prudent parent standard, to ensure appropriate liability for 

caregivers when a child participates in an approved activity and the caregiver approving the activity acts in accordance with the reasonable and prudent parent standard; 

and 

(D) that a waiver of any standards established pursuant 

to subparagraph (A) may be made only on a case-by-case 

basis for nonsafety standards (as determined by the State) 

in relative foster family homes for specific children in care; 

(11) provides for periodic review of the standards referred to 

in the preceding paragraph and amounts paid as foster care 

maintenance payments and adoption assistance to assure their 

continuing appropriateness; 

(12) provides for granting an opportunity for a fair hearing 

before the State agency to any individual whose claim for benefits available pursuant to this part is denied or is not acted 

upon with reasonable promptness; 

(13) provides that the State shall arrange for a periodic and 

independently conducted audit of the programs assisted under 

this part and part B of this title, which shall be conducted no 

less frequently than once every three years; 

(14) provides (A) specific goals (which shall be established by 

State law on or before October 1, 1982) for each fiscal year 

(commencing with the fiscal year which begins on October 1, 

1983) as to the maximum number of children (in absolute numbers or as a percentage of all children in foster care with respect to whom assistance under the plan is provided during 

such year) who, at any time during such year, will remain in 

foster care after having been in such care for a period in excess 

of twenty-four months, and (B) a description of the steps which 

will be taken by the State to achieve such goals; 

(15) provides that— 

(A) in determining reasonable efforts to be made with respect to a child, as described in this paragraph, and in 

making such reasonable efforts, the child’s health and 

safety shall be the paramount concern; 

(B) except as provided in subparagraph (D), reasonable 

efforts shall be made to preserve and reunify 

families— 

(i) prior to the placement of a child in foster care, to 

prevent or eliminate the need for removing the child 

from the child’s home; and 


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(ii) to make it possible for a child to safely return to 

the child’s home; 

(C) if continuation of reasonable efforts of the type described in subparagraph (B) is determined to be inconsistent with the permanency plan for the child, reasonable 

efforts shall be made to place the child in a timely manner 

in accordance with the permanency plan (including, if appropriate, through an interstate placement), and to complete whatever steps are necessary to finalize the permanent placement of the child; 

(D) reasonable efforts of the type described in subparagraph (B) shall not be required to be made with respect to 

a parent of a child if a court of competent jurisdiction has 

determined that— 

(i) the parent has subjected the child to aggravated 

circumstances (as defined in State law, which definition may include but need not be limited to abandonment, torture, chronic abuse, and sexual abuse); 

(ii) the parent has— 

(I) committed murder (which would have been 

an offense under section 1111(a) of title 18, United 

States Code, if the offense had occurred in the 

special maritime or territorial jurisdiction of the 

United States) of another child of the parent; 

(II) committed voluntary manslaughter (which 

would have been an offense under section 1112(a) 

of title 18, United States Code, if the offense had 

occurred in the special maritime or territorial jurisdiction of the United States) of another child of 

the parent; 

(III) aided or abetted, attempted, conspired, or 

solicited to commit such a murder or such a voluntary manslaughter; or 

(IV) committed a felony assault that results in 

serious bodily injury to the child or another child 

of the parent; or 

(iii) the parental rights of the parent to a sibling 

have been terminated involuntarily; 

(E) if reasonable efforts of the type described in subparagraph (B) are not made with respect to a child as a result 

of a determination made by a court of competent jurisdiction in accordance with subparagraph (D)— 

(i) a permanency hearing (as described in section 

475(5)(C)), which considers in-State and out-of-State 

permanent placement options for the child, shall be 

held for the child within 30 days after the determination; and 

(ii) reasonable efforts shall be made to place the 

child in a timely manner in accordance with the permanency plan, and to complete whatever steps are 

necessary to finalize the permanent placement of the 

child; and 

(F) reasonable efforts to place a child for adoption or 

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rently with reasonable efforts of the type described in subparagraph (B); 

(16) provides for the development of a case plan (as defined 

in section 475(1) and in accordance with the requirements of 

section 475A) for each child receiving foster care maintenance 

payments under the State plan and provides for a case review 

system which meets the requirements described in sections 

475(5) and 475A with respect to each such child; 

(17) provides that, where appropriate, all steps will be taken, 

including cooperative efforts with the State agencies administering the program funded under part A and plan approved 

under part D, to secure an assignment to the State of any 

rights to support on behalf of each child receiving foster care 

maintenance payments under this part; 

(18) not later than January 1, 1997, provides that neither 

the State nor any other entity in the State that receives funds 

from the Federal Government and is involved in adoption or 

foster care placements may— 

(A) deny to any person the opportunity to become an 

adoptive or a foster parent, on the basis of the race, color, 

or national origin of the person, or of the child, involved; 

or 

(B) delay or deny the placement of a child for adoption 

or into foster care, on the basis of the race, color, or national origin of the adoptive or foster parent, or the child, 

involved; 

(19) provides that the State shall consider giving preference 

to an adult relative over a non-related caregiver when determining a placement for a child, provided that the relative caregiver meets all relevant State child protection standards; 

(20)(A) provides procedures for criminal records checks, including fingerprint-based checks of national crime information 

databases (as defined in section 534(e)(3)(A) of title 28, United 

States Code), for any prospective foster or adoptive parent before the foster or adoptive parent may be finally approved for 

placement of a child regardless of whether foster care maintenance payments or adoption assistance payments are to be 

made on behalf of the child under the State plan under this 

part, including procedures requiring that— 

(i) in any case involving a child on whose behalf such 

payments are to be so made in which a record check reveals a felony conviction for child abuse or neglect, for 

spousal abuse, for a crime against children (including child 

pornography), or for a crime involving violence, including 

rape, sexual assault, or homicide, but not including other 

physical assault or battery, if a State finds that a court of 

competent jurisdiction has determined that the felony was 

committed at any time, such final approval shall not be 

granted; and 

(ii) in any case involving a child on whose behalf such 

payments are to be so made in which a record check reveals a felony conviction for physical assault, battery, or a 

drug-related offense, if a State finds that a court of competent jurisdiction has determined that the felony was 


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committed within the past 5 years, such final approval 

shall not be granted; and 

(B) provides that the State shall— 

(i) check any child abuse and neglect registry maintained by the State for information on any prospective foster or adoptive parent and on any other adult living in the 

home of such a prospective parent, and request any other 

State in which any such prospective parent or other adult 

has resided in the preceding 5 years, to enable the State 

to check any child abuse and neglect registry maintained 

by such other State for such information, before the prospective foster or adoptive parent may be finally approved 

for placement of a child, regardless of whether foster care 

maintenance payments or adoption assistance payments 

are to be made on behalf of the child under the State plan 

under this part; 

(ii) comply with any request described in clause (i) that 

is received from another State; and 

(iii) have in place safeguards to prevent the unauthorized disclosure of information in any child abuse and neglect registry maintained by the State, and to prevent any 

such information obtained pursuant to this subparagraph 

from being used for a purpose other than the conducting 

of background checks in foster or adoptive placement 

cases; and 

(C) provides procedures for criminal records checks, including fingerprint-based checks of national crime information 

databases (as defined in section 534(e)(3)(A) of title 28, United 

States Code), on any relative guardian, and for checks described in subparagraph (B) of this paragraph on any relative 

guardian and any other adult living in the home of any relative guardian, before the relative guardian may receive kinship guardianship assistance payments on behalf of the child 

under the State plan under this part; 

(21) provides for health insurance coverage (including, at 

State option, through the program under the State plan approved under title XIX) for any child who has been determined 

to be a child with special needs, for whom there is in effect an 

adoption assistance agreement (other than an agreement under 

this part) between the State and an adoptive parent or parents, and who the State has determined cannot be placed with 

an adoptive parent or parents without medical assistance because such child has special needs for medical, mental health, 

or rehabilitative care, and that with respect to the provision of 

such health insurance coverage— 

(A) such coverage may be provided through 1 or more 

State medical assistance programs; 

(B) the State, in providing such coverage, shall ensure 

that the medical benefits, including mental health benefits, provided are of the same type and kind as those that 

would be provided for children by the State under title 

XIX; 

(C) in the event that the State provides such coverage 

through a State medical assistance program other than the 

program under title XIX, and the State exceeds its funding 


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for services under such other program, any such child shall 

be deemed to be receiving aid or assistance under the 

State plan under this part for purposes of section 

1902(a)(10)(A)(i)(I); and 

(D) in determining cost-sharing requirements, the State 

shall take into consideration the circumstances of the 

adopting parent or parents and the needs of the child 

being adopted consistent, to the extent coverage is provided through a State medical assistance program, with 

the rules under such program; 

(22) provides that, not later than January 1, 1999, the State 

shall develop and implement standards to ensure that children 

in foster care placements in public or private agencies are provided quality services that protect the safety and health of the 

children; 

(23) provides that the State shall not— 

(A) deny or delay the placement of a child for adoption 

when an approved family is available outside of the 

jurisdiction with responsibility for handling the case of the 

child; or 

(B) fail to grant an opportunity for a fair hearing, as described in paragraph (12), to an individual whose allegation of a violation of subparagraph (A) of this paragraph 

is denied by the State or not acted upon by the State with 

reasonable promptness; 

(24) includes a certification that, before a child in foster care 

under the responsibility of the State is placed with prospective 

foster parents, the prospective foster parents will be prepared 

adequately with the appropriate knowledge and skills to provide for the needs of the child, that the preparation will be continued, as necessary, after the placement of the child, and that 

the preparation shall include knowledge and skills relating to 

the reasonable and prudent parent standard for the participation of the child in age or developmentally-appropriate activities, including knowledge and skills relating to the developmental stages of the cognitive, emotional, physical, and behavioral capacities of a child, and knowledge and skills relating to 

applying the standard to decisions such as whether to allow 

the child to engage in social, extracurricular, enrichment, cultural, and social activities, including sports, field trips, and 

overnight activities lasting 1 or more days, and to decisions involving the signing of permission slips and arranging of transportation for the child to and from extracurricular, enrichment, 

and social activities; 

(25) øprovide¿ provides that the State shall have in effect 

procedures for the orderly and timely interstate placement of 

children, which, not later than October 1, 2026, shall include 

the use of an electronic interstate case-processing system; and 

procedures implemented in accordance with an interstate compact, if incorporating with the procedures prescribed by paragraph (26), shall be considered to satisfy the requirement of 

this paragraph; 

(26) provides that— 

(A)(i) within 60 days after the State receives from another State a request to conduct a study of a home enviVerDate Sep 11 2014 03:49 Mar 22, 2016 Jkt 059006 PO 00000 Frm 00047 Fmt 6659 Sfmt 6601 E:\HR\OC\HR460.XXX HR460

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ronment for purposes of assessing the safety and suitability of placing a child in the home, the State shall, directly or by contract— 

(I) conduct and complete the study; and 

(II) return to the other State a report on the results 

of the study, which shall address the extent to which 

placement in the home would meet the needs of the 

child; and 

(ii) in the case of a home study begun on or before September 30, 2008, if the State fails to comply with clause 

(i) within the 60-day period as a result of circumstances 

beyond the control of the State (such as a failure by a Federal agency to provide the results of a background check, 

or the failure by any entity to provide completed medical 

forms, requested by the State at least 45 days before the 

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

comply with clause (i) if the State documents the circumstances involved and certifies that completing the 

home study is in the best interests of the child; except that 

(iii) this subparagraph shall not be construed to require 

the State to have completed, within the applicable period, 

the parts of the home study involving the education and 

training of the prospective foster or adoptive parents; 

(B) the State shall treat any report described in subparagraph (A) that is received from another State or an Indian tribe (or from a private agency under contract with 

another State) as meeting any requirements imposed by 

the State for the completion of a home study before placing 

a child in the home, unless, within 14 days after receipt 

of the report, the State determines, based on grounds that 

are specific to the content of the report, that making a decision in reliance on the report would be contrary to the 

welfare of the child; and 

(C) the State shall not impose any restriction on the 

ability of a State agency administering, or supervising the 

administration of, a State program operated under a State 

plan approved under this part to contract with a private 

agency for the conduct of a home study described in subparagraph (A); 

(27) provides that, with respect to any child in foster care 

under the responsibility of the State under this part or part B 

and without regard to whether foster care maintenance payments are made under section 472 on behalf of the child, the 

State has in effect procedures for verifying the citizenship or 

immigration status of the child; 

(28) at the option of the State, provides for the State to enter 

into kinship guardianship assistance agreements to provide 

kinship guardianship assistance payments on behalf of children to grandparents and other relatives who have assumed 

legal guardianship of the children for whom they have cared as 

foster parents and for whom they have committed to care on 

a permanent basis, as provided in section 473(d); 

(29) provides that, within 30 days after the removal of a 

child from the custody of the parent or parents of the child, the 

State shall exercise due diligence to identify and provide notice 


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to the following relatives: all adult grandparents, all parents of 

a sibling of the child, where such parent has legal custody of 

such sibling, and other adult relatives of the child (including 

any other adult relatives suggested by the parents), subject to 

exceptions due to family or domestic violence, that— 

(A) specifies that the child has been or is being removed 

from the custody of the parent or parents of the child; 

(B) explains the options the relative has under Federal, 

State, and local law to participate in the care and placement of the child, including any options that may be lost 

by failing to respond to the notice; 

(C) describes the requirements under paragraph (10) of 

this subsection to become a foster family home and the additional services and supports that are available for children placed in such a home; and 

(D) if the State has elected the option to make kinship 

guardianship assistance payments under paragraph (28) of 

this subsection, describes how the relative guardian of the 

child may subsequently enter into an agreement with the 

State under section 473(d) to receive the payments; 

(30) provides assurances that each child who has attained 

the minimum age for compulsory school attendance under 

State law and with respect to whom there is eligibility for a 

payment under the State plan is a full-time elementary or secondary school student or has completed secondary school, and 

for purposes of this paragraph, the term ‘‘elementary or secondary school student’’ means, with respect to a child, that the 

child is— 

(A) enrolled (or in the process of enrolling) in an institution which provides elementary or secondary education, as 

determined under the law of the State or other jurisdiction 

in which the institution is located; 

(B) instructed in elementary or secondary education at 

home in accordance with a home school law of the State 

or other jurisdiction in which the home is located; 

(C) in an independent study elementary or secondary 

education program in accordance with the law of the State 

or other jurisdiction in which the program is located, 

which is administered by the local school or school district; 

or 

(D) incapable of attending school on a full-time basis due 

to the medical condition of the child, which incapability is 

supported by regularly updated information in the case 

plan of the child; 

(31) provides that reasonable efforts shall be made— 

(A) to place siblings removed from their home in the 

same foster care, kinship guardianship, or adoptive placement, unless the State documents that such a joint placement would be contrary to the safety or well-being of any 

of the siblings; and 

(B) in the case of siblings removed from their home who 

are not so jointly placed, to provide for frequent visitation 

or other ongoing interaction between the siblings, unless 

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going interaction would be contrary to the safety or wellbeing of any of the siblings; 

(32) provides that the State will negotiate in good faith with 

any Indian tribe, tribal organization or tribal consortium in the 

State that requests to develop an agreement with the State to 

administer all or part of the program under this part on behalf 

of Indian children who are under the authority of the tribe, organization, or consortium, including foster care maintenance 

payments on behalf of children who are placed in State or tribally licensed foster family homes, adoption assistance payments, and, if the State has elected to provide such payments, 

kinship guardianship assistance payments under section 

473(d), and tribal access to resources for administration, training, and data collection under this part; 

(33) provides that the State will inform any individual who 

is adopting, or whom the State is made aware is considering 

adopting, a child who is in foster care under the responsibility 

of the State of the potential eligibility of the individual for a 

Federal tax credit under section 23 of the Internal Revenue 

Code of 1986; 

(34) provides that, for each child or youth described in paragraph (9)(C)(i)(I), the State agency shall— 

(A) not later than 2 years after the date of the enactment of this paragraph, report immediately, and in no case 

later than 24 hours after receiving information on children 

or youth who have been identified as being a sex trafficking victim, to the law enforcement authorities; and 

(B) not later than 3 years after such date of enactment 

and annually thereafter, report to the Secretary the total 

number of children and youth who are sex trafficking victims; and 

(35) provides that— 

(A) not later than 1 year after the date of the enactment 

of this paragraph, the State shall develop and implement 

specific protocols for— 

(i) expeditiously locating any child missing from foster care; 

(ii) determining the primary factors that contributed 

to the child’s running away or otherwise being absent 

from care, and to the extent possible and appropriate, 

responding to those factors in current and subsequent 

placements; 

(iii) determining the child’s experiences while absent 

from care, including screening the child to determine 

if the child is a possible sex trafficking victim (as defined in section 475(9)(A)); and 

(iv) reporting such related information as required 

by the Secretary; and 

(B) not later than 2 years after such date of enactment, 

for each child and youth described in paragraph (9)(C)(i)(I) 

of this subsection, the State agency shall report immediately, and in no case later than 24 hours after receiving, 

information on missing or abducted children or youth to 

the law enforcement authorities for entry into the National 

Crime Information Center (NCIC) database of the Federal 


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Bureau of Investigation, established pursuant to section 

534 of title 28, United States Code, and to the National 

Center for Missing and Exploited Children. 

(b) The Secretary shall approve any plan which complies with the 

provisions of subsection (a) of this section. 

(c) USE OF CHILD WELFARE RECORDS IN STATE COURT PRO- CEEDINGS.—Subsection (a)(8) shall not be construed to limit the 

flexibility of a State in determining State policies relating to public 

access to court proceedings to determine child abuse and neglect or 

other court hearings held pursuant to part B or this part, except 

that such policies shall, at a minimum, ensure the safety and wellbeing of the child, parents, and family. 

(d) ANNUAL REPORTS BY THE SECRETARY ON NUMBER OF CHILDREN AND YOUTH REPORTED BY STATES TO BE SEX TRAFFICKING

VICTIMS.—Not later than 4 years after the date of the enactment 

of this subsection and annually thereafter, the Secretary shall report to the Congress and make available to the public on the Internet website of the Department of Health and Human Services the 

number of children and youth reported in accordance with subsection (a)(34)(B) of this section to be sex trafficking victims (as defined in section 475(9)(A)). 

* * * * * * * 

Æ 


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