PUBLIC LAW 109–239—JULY 3, 2006

SAFE AND TIMELY INTERSTATE PLACEMENT

OF FOSTER CHILDREN ACT OF 2006

120 STAT. 508 PUBLIC LAW 109–239—JULY 3, 2006

Public Law 109–239

109th Congress

An Act

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

and timely placement of children across State lines, and for other purposes.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘Safe and Timely Interstate

Placement of Foster Children Act of 2006’’.

SEC. 2. SENSE OF THE CONGRESS.

It is the sense of the Congress that—

(1) the States should expeditiously ratify the revised Interstate Compact for the Placement of Children recently promulgated by the American Public Human Services Association;

(2) this Act and the revised Interstate Compact for the

Placement of Children should not apply to those seeking placement in a licensed residential facility primarily to access clinical

mental heath services;

(3) the States should recognize and implement the deadlines for the completion and approval of home studies as provided in section 4 to move children more quickly into safe,

permanent homes; and

(4) Federal policy should encourage the safe and expedited

placement of children into safe, permanent homes across State

lines.

SEC. 3. ORDERLY AND TIMELY PROCESS FOR INTERSTATE PLACEMENT

OF CHILDREN.

Section 471(a) of the Social Security Act (42 U.S.C. 671(a))

is amended—

(1) by striking ‘‘and’’ at the end of paragraph (23);

(2) by striking the period at the end of paragraph (24)

and inserting ‘‘; and’’; and

(3) by adding at the end the following:

‘‘(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.’’.

SEC. 4. HOME STUDIES.

(a) ORDERLY PROCESS.—

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

(42 U.S.C. 671(a)) is further amended—

Procedures.

Safe and Timely

Interstate

Placement of

Foster Children

Act of 2006.

42 USC 1305

note.

July 3, 2006

[H.R. 5403]

PUBLIC LAW 109–239—JULY 3, 2006 120 STAT. 509

(A) by striking ‘‘and’’ at the end of paragraph (24);

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

(25) and inserting ‘‘; and’’; and

(C) by adding at the end the following:

‘‘(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 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).’’.

(2) REPORT TO THE CONGRESS.—Within 12 months after

the date of the enactment of this Act, the Secretary of Health

and Human Services shall submit to the Committee on Ways

and Means of the House of Representatives and the Committee

on Finance of the Senate a written report on—

(A) how frequently States need the extended 75-day

period provided for in clause (ii) of section 471(a)(26)(A)

of the Social Security Act in order to comply with clause

(i) of such section;

Reports.

Deadline.

Contracts.

120 STAT. 510 PUBLIC LAW 109–239—JULY 3, 2006

(B) the reasons given for utilizing the extended compliance period;

(C) the extent to which utilizing the extended compliance period leads to the resolution of the circumstances

beyond the control of the State; and

(D) the actions taken by States and any relevant Federal agencies to resolve the need for the extended compliance period.

(3) SENSE OF THE CONGRESS.—It is the sense of the Congress that each State should—

(A) use private agencies to conduct home studies when

doing so is necessary to meet the requirements of section

471(a)(26) of the Social Security Act; and

(B) give full faith and credit to any home study report

completed by any other State or an Indian tribe with

respect to the placement of a child in foster care or for

adoption.

(b) TIMELY INTERSTATE HOME STUDY INCENTIVE PAYMENTS.—

Part E of title IV of the Social Security Act (42 U.S.C. 670–679b)

is amended by inserting after section 473A the following:

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

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

to each State that is a home study incentive-eligible State for

a fiscal year in an amount equal to the timely interstate home

study incentive payment payable to the State under this section

for the fiscal year, which shall be payable in the immediately

succeeding fiscal year.

‘‘(b) HOME STUDY INCENTIVE-ELIGIBLE STATE.—A State is a

home study incentive-eligible State for a fiscal year if—

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

the fiscal year;

‘‘(2) the State is in compliance with subsection (c) for the

fiscal year; and

‘‘(3) based on data submitted and verified pursuant to

subsection (c), the State has completed a timely interstate

home study during the fiscal year.

‘‘(c) DATA REQUIREMENTS.—

‘‘(1) IN GENERAL.—A State is in compliance with this subsection for a fiscal year if the State has provided to the Secretary a written report, covering the preceding fiscal year,

that specifies—

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

requested by the State with respect to children in foster

care under the responsibility of the State, and with respect

to each such study, the identity of the other State involved;

‘‘(B) the total number of timely interstate home studies

completed by the State with respect to children in foster

care under the responsibility of other States, and with

respect to each such study, the identity of the other State

involved; and

‘‘(C) such other information as the Secretary may

require in order to determine whether the State is a home

study incentive-eligible State.

‘‘(2) VERIFICATION OF DATA.—In determining the number

of timely interstate home studies to be attributed to a State

under this section, the Secretary shall check the data provided

42 USC 673c

note.

PUBLIC LAW 109–239—JULY 3, 2006 120 STAT. 511

by the State under paragraph (1) against complementary data

so provided by other States.

‘‘(d) TIMELY INTERSTATE HOME STUDY INCENTIVE PAYMENTS.—

‘‘(1) IN GENERAL.—The timely interstate home study incentive payment payable to a State for a fiscal year shall be

$1,500, multiplied by the number of timely interstate home

studies attributed to the State under this section during the

fiscal year, subject to paragraph (2).

‘‘(2) PRO RATA ADJUSTMENT IF INSUFFICIENT FUNDS AVAIL- ABLE.—If the total amount of timely interstate home study

incentive payments otherwise payable under this section for

a fiscal year exceeds the total of the amounts made available

pursuant to subsection (h) for the fiscal year (reduced (but

not below zero) by the total of the amounts (if any) payable

under paragraph (3) of this subsection with respect to the

preceding fiscal year), the amount of each such otherwise payable incentive payment shall be reduced by a percentage equal

to—

‘‘(A) the total of the amounts so made available (as

so reduced); divided by

‘‘(B) the total of such otherwise payable incentive payments.

‘‘(3) APPROPRIATIONS AVAILABLE FOR UNPAID INCENTIVE PAYMENTS FOR PRIOR FISCAL YEARS.—

‘‘(A) IN GENERAL.—If payments under this section are

reduced under paragraph (2) or subparagraph (B) of this

paragraph for a fiscal year, then, before making any other

payment under this section for the next fiscal year, the

Secretary shall pay each State whose payment was so

reduced an amount equal to the total amount of the reductions which applied to the State, subject to subparagraph

(B) of this paragraph.

‘‘(B) PRO RATA ADJUSTMENT IF INSUFFICIENT FUNDS

AVAILABLE.—If the total amount of payments otherwise

payable under subparagraph (A) of this paragraph for a

fiscal year exceeds the total of the amounts made available

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

of each such payment shall be reduced by a percentage

equal to—

‘‘(i) the total of the amounts so made available;

divided by

‘‘(ii) the total of such otherwise payable payments.

‘‘(e) TWO-YEAR AVAILABILITY OF INCENTIVE PAYMENTS.—Payments to a State under this section in a fiscal year shall remain

available for use by the State through the end of the next fiscal

year.

‘‘(f) LIMITATIONS ON USE OF INCENTIVE PAYMENTS.—A State

shall not expend an amount paid to the State under this section

except to provide to children or families any service (including

post-adoption services) that may be provided under part B or E.

Amounts expended by a State in accordance with the preceding

sentence shall be disregarded in determining State expenditures

for purposes of Federal matching payments under sections 423,

434, and 474.

‘‘(g) DEFINITIONS.—In this section:

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

evaluation of a home environment conducted in accordance

120 STAT. 512 PUBLIC LAW 109–239—JULY 3, 2006

with applicable requirements of the State in which the home

is located, to determine whether a proposed placement of a

child would meet the individual needs of the child, including

the child’s safety, permanency, health, well-being, and mental,

emotional, and physical development.

‘‘(2) INTERSTATE HOME STUDY.—The term ‘interstate home

study’ means a home study conducted by a State at the request

of another State, to facilitate an adoptive or foster placement

in the State of a child in foster care under the responsibility

of the State.

‘‘(3) TIMELY INTERSTATE HOME STUDY.—The term ‘timely

interstate home study’ means an interstate home study completed by a State if the State provides to the State that

requested the study, within 30 days after receipt of the request,

a report on the results of the study. The preceding sentence

shall not be construed to require the State to have completed,

within the 30-day period, the parts of the home study involving

the education and training of the prospective foster or adoptive

parents.

‘‘(h) LIMITATIONS ON AUTHORIZATION OF APPROPRIATIONS.— ‘‘(1) IN GENERAL.—For payments under this section, there

are authorized to be appropriated to the Secretary— ‘‘(A) $10,000,000 for fiscal year 2007;

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

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

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

‘‘(2) AVAILABILITY.—Amounts appropriated under paragraph (1) are authorized to remain available until expended.’’.

(c) REPEALER.—Effective October 1, 2010, section 473B of the

Social Security Act is repealed.

SEC. 5. SENSE OF THE CONGRESS.

It is the sense of the Congress that State agencies should

fully cooperate with any court which has authority with respect

to the placement of a child in foster care or for adoption, for

the purpose of locating a parent of the child, and such cooperation

should include making available all information obtained from the

Federal Parent Locator Service.

SEC. 6. CASEWORKER VISITS.

(a) PURCHASE OF SERVICES IN INTERSTATE PLACEMENT CASES.— Section 475(5)(A)(ii) of the Social Security Act (42 U.S.C.

675(5)(A)(ii)) is amended by striking ‘‘or of the State in which

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

the child has been placed, or of a private agency under contract

with either such State’’.

(b) INCREASED VISITS.—Section 475(5)(A)(ii) of such Act (42

U.S.C. 675(5)(A)(ii)) is amended by striking ‘‘12’’ and inserting ‘‘6’’.

SEC. 7. HEALTH AND EDUCATION RECORDS.

Section 475 of the Social Security Act (42 U.S.C. 675) is

amended—

(1) in paragraph (1)(C)—

(A) by striking ‘‘To the extent available and accessible,

the’’ and inserting ‘‘The’’; and

(B) by inserting ‘‘the most recent information available

regarding’’ after ‘‘including’’; and

(2) in paragraph (5)(D)—

Effective date.

42 USC 673c and

note.

Deadline.

Reports.

PUBLIC LAW 109–239—JULY 3, 2006 120 STAT. 513

(A) by inserting ‘‘a copy of the record is’’ before ‘‘supplied’’; and

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

no cost at the time the child leaves foster care if the

child is leaving foster care by reason of having attained

the age of majority under State law’’ before the semicolon.

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

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

(42 U.S.C. 675(5)(G)) is amended—

(1) by striking ‘‘an opportunity’’ and inserting ‘‘a right’’;

(2) by striking ‘‘and opportunity’’ and inserting ‘‘and right’’;

and

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

and inserting ‘‘proceeding’’.

(b) NOTICE OF PROCEEDING.—Section 438(b) of such Act (42

U.S.C. 638(b)) is amended by inserting ‘‘shall have in effect a

rule requiring State courts to ensure that foster parents, pre-adoptive parents, and relative caregivers of a child in foster care under

the responsibility of the State are notified of any proceeding to

be held with respect to the child, and’’ after ‘‘highest State court’’.

SEC. 9. COURT IMPROVEMENT.

Section 438(a)(1) of the Social Security Act (42 U.S.C.

629h(a)(1)) is amended—

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

(2) by adding at the end the following:

‘‘(E) that determine the best strategy to use to expedite

the interstate placement of children, including—

‘‘(i) requiring courts in different States to cooperate

in the sharing of information;

‘‘(ii) authorizing courts to obtain information and

testimony from agencies and parties in other States

without requiring interstate travel by the agencies and

parties; and

‘‘(iii) permitting the participation of parents, children, other necessary parties, and attorneys in cases

involving interstate placement without requiring their

interstate travel; and’’.

SEC. 10. REASONABLE EFFORTS.

(a) IN GENERAL.—Section 471(a)(15)(C) of the Social Security

Act (42 U.S.C. 671(a)(15)(C)) is amended by inserting ‘‘(including,

if appropriate, through an interstate placement)’’ after ‘‘accordance

with the permanency plan’’.

(b) PERMANENCY HEARING.—Section 471(a)(15)(E)(i) of such Act

(42 U.S.C. 671(a)(15)(E)(i)) is amended by inserting ‘‘, which considers in-State and out-of-State permanent placement options for

the child,’’ before ‘‘shall’’.

(c) CONCURRENT PLANNING.—Section 471(a)(15)(F) of such Act

(42 U.S.C. 671(a)(15)(F)) is amended by inserting ‘‘, including identifying appropriate in-State and out-of-State placements’’ before

‘‘may’’.

SEC. 11. CASE PLANS.

Section 475(1)(E) of the Social Security Act (42 U.S.C. 675(1)(E))

is amended by inserting ‘‘to facilitate orderly and timely in-State

and interstate placements’’ before the period.

42 USC 629h.

120 STAT. 514 PUBLIC LAW 109–239—JULY 3, 2006

LEGISLATIVE HISTORY—H.R. 5403:

CONGRESSIONAL RECORD, Vol. 152 (2006):

May 24, considered and passed House.

June 23, considered and passed Senate.

Æ

SEC. 12. CASE REVIEW SYSTEM.

Section 475(5)(C) of the Social Security Act (42 U.S.C. 675(5)(C)

is amended—

(1) by inserting ‘‘, in the case of a child who will not

be returned to the parent, the hearing shall consider in-State

and out-of-State placement options,’’ after ‘‘living arrangement’’;

and

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

‘‘whether the’’.

SEC. 13. USE OF INTERJURISDICTIONAL RESOURCES.

Section 422(b)(12) of the Social Security Act (42 U.S.C.

622(b)(12)) is amended—

(1) by striking ‘‘develop plans for the’’ and inserting ‘‘make’’;

(2) by inserting ‘‘(including through contracts for the purchase of services)’’ after ‘‘resources’’; and

(3) by inserting ‘‘, and shall eliminate legal barriers,’’ before

‘‘to facilitate’’.

SEC. 14. EFFECTIVE DATE.

(a) IN GENERAL.—Except as otherwise provided in this section,

the amendments made by this Act shall take effect on October

1, 2006, and shall apply to payments under parts B and E of

title IV of the Social Security Act for calendar quarters beginning

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

implement the amendments are promulgated by such date.

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

the Secretary of Health and Human Services determines that State

legislation (other than legislation appropriating funds) is required

in order for a State plan under part B or E of title IV of the

Social Security Act to meet the additional requirements imposed

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

shall not be regarded as failing to meet any of the additional

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

begins after the date of the enactment of this Act. If the State

has a 2-year legislative session, each year of the session is deemed

to be a separate regular session of the State legislature.

Approved July 3, 2006.

42 USC 622 note.