PUBLIC LAW 112–34—SEPT. 30, 2011 125 STAT. 369 

Public Law 112–34 

112th Congress 

An Act 

To amend part B of title IV of the Social Security Act to extend the child and 

family services program through fiscal year 2016, and for other purposes. 

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 ‘‘Child and Family Services 

Improvement and Innovation Act’’. 

TITLE I—EXTENSION OF CHILD AND 

FAMILY SERVICES PROGRAMS 

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

(a) EXTENSION OF PROGRAM.—Section 425 of the Social Security 

Act (42 U.S.C. 625) is amended by striking ‘‘2007 through 2011’’ 

and inserting ‘‘2012 through 2016’’. 

(b) MODIFICATION OF CERTAIN STATE PLAN REQUIREMENTS.— 

(1) RESPONSE TO EMOTIONAL TRAUMA.—Section 

422(b)(15)(A)(ii) of such Act (42 U.S.C. 622(b)(15)(A)(ii)) is 

amended by inserting ‘‘, including emotional trauma associated 

with a child’s maltreatment and removal from home’’ before 

the semicolon. 

(2) PROCEDURES ON THE USE OF PSYCHOTROPIC MEDICATIONS.—Section 422(b)(15)(A)(v) of such Act (42 U.S.C. 

622(b)(15)(A)(v)) is amended by inserting ‘‘, including protocols 

for the appropriate use and monitoring of psychotropic medications’’ before the semicolon. 

(3) DESCRIPTION OF ACTIVITIES TO ADDRESS DEVELOPMENTAL

NEEDS OF VERY YOUNG CHILDREN.—Section 422(b) of such Act 

(42 U.S.C. 622(b)) is amended— 

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

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

(17) and inserting ‘‘; and’’; and 

(C) by adding at the end the following: 

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

has undertaken to reduce the length of time children who 

have not attained 5 years of age are without a permanent 

family, and the activities the State undertakes to address the 

developmental needs of such children who receive benefits or 

services under this part or part E.’’. 

42 USC 1305 

note. 

Child and Family 

Services 

Improvement 

and Innovation 

Act. 

Sept. 30, 2011 

[H.R. 2883] 


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125 STAT. 370 PUBLIC LAW 112–34—SEPT. 30, 2011 

(4) DATA SOURCES FOR CHILD DEATH REPORTING.—Section 

422(b) of such Act (42 U.S.C. 622(b)), as amended by paragraph 

(3) of this subsection, is amended— 

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

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

(18) and inserting ‘‘; and’’; and 

(C) by adding at the end the following: 

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

information on child maltreatment deaths required by Federal 

law to be reported by the State agency referred to in paragraph 

(1), and to the extent that the compilation does not include 

information on such deaths from the State vital statistics 

department, child death review teams, law enforcement agencies, or offices of medical examiners or coroners, the State 

shall describe why the information is not so included and 

how the State will include the information.’’. 

(c) CHILD VISITATION BY CASEWORKERS.—Section 424 of such 

Act (42 U.S.C. 624) is amended by striking the 2nd subsection 

(e), as added by section 7(b) of the Child and Family Services 

Improvement Act of 2006, and inserting the following: 

‘‘(f)(1)(A) Each State shall take such steps as are necessary 

to ensure that the total number of visits made by caseworkers 

on a monthly basis to children in foster care under the responsibility 

of the State during a fiscal year is not less than 90 percent (or, 

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

total number of such visits that would occur during the fiscal 

year if each such child were so visited once every month while 

in such care. 

‘‘(B) If the Secretary determines that a State has failed to 

comply with subparagraph (A) for a fiscal year, then the percentage 

that would otherwise apply for purposes of subsection (a) for the 

fiscal year shall be reduced by— 

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

the State fell short of the percentage specified in subparagraph 

(A) is less than 10; 

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

the State fell short, as described in clause (i), is not less 

than 10 and less than 20; or 

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

the State fell short, as described in clause (i), is not less 

than 20. 

‘‘(2)(A) Each State shall take such steps as are necessary to 

ensure that not less than 50 percent of the total number of visits 

made by caseworkers to children in foster care under the responsibility of the State during a fiscal year occur in the residence 

of the child involved. 

‘‘(B) If the Secretary determines that a State has failed to 

comply with subparagraph (A) for a fiscal year, then the percentage 

that would otherwise apply for purposes of subsection (a) for the 

fiscal year shall be reduced by— 

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

the State fell short of the percentage specified in subparagraph 

(A) is less than 10; 

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

the State fell short, as described in clause (i), is not less 

than 10 and less than 20; or 


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PUBLIC LAW 112–34—SEPT. 30, 2011 125 STAT. 371 

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

the State fell short, as described in clause (i), is not less 

than 20.’’. 

(d) TECHNICAL CORRECTION.—Section 423(b) of such Act (42 

U.S.C. 623(b)) is amended by striking ‘‘per centum’’ each place 

it appears and inserting ‘‘percent’’. 

SEC. 102. PROMOTING SAFE AND STABLE FAMILIES PROGRAM. 

(a) EXTENSION OF FUNDING AUTHORIZATIONS.— (1) IN GENERAL.—Section 436(a) of the Social Security Act 

(42 U.S.C. 629f(a)) is amended by striking all that follows 

‘‘$345,000,000’’ and inserting ‘‘for each of fiscal years 2012 

through 2016.’’. 

(2) DISCRETIONARY GRANTS.—Section 437(a) of such Act 

(42 U.S.C. 629g(a)) is amended by striking ‘‘2007 through 2011’’ 

and inserting ‘‘2012 through 2016’’. 

(b) TARGETING OF SERVICES TO POPULATIONS AT GREATEST RISK

OF MALTREATMENT.—Section 432(a) of such Act (42 U.S.C. 629b(a)) 

is amended— 

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

(2) by striking the period at the end of paragraph (9) 

and inserting ‘‘; and’’; and 

(3) by adding at the end the following: 

‘‘(10) describes how the State identifies which populations 

are at the greatest risk of maltreatment and how services 

are targeted to the populations.’’. 

(c) REVISED PURPOSES OF FAMILY SUPPORT SERVICES AND TIMELIMITED FAMILY REUNIFICATION SERVICES.— 

(1) FAMILY SUPPORT SERVICES.—Section 431(a)(2) of such 

Act (42 U.S.C. 629a(a)(2)) is amended to read as follows: 

‘‘(2) FAMILY SUPPORT SERVICES.— 

‘‘(A) IN GENERAL.—The term ‘family support services’ 

means community-based services designed to carry out the 

purposes described in subparagraph (B). 

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

this subparagraph are the following: 

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

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

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

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

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

‘‘(vi) To enhance child development, including 

through mentoring (as defined in section 439(b)(2)).’’. 

(2) TIME-LIMITED FAMILY REUNIFICATION SERVICES.—Section 

431(a)(7)(B) of such Act (42 U.S.C. 629a(a)(7)(B)) is amended 

by redesignating clause (vi) as clause (viii) and inserting after 

clause (v) the following: 

‘‘(vi) Peer-to-peer mentoring and support groups 

for parents and primary caregivers. 

‘‘(vii) Services and activities designed to facilitate 

access to and visitation of children by parents and 

siblings.’’. 

Definition. 


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125 STAT. 372 PUBLIC LAW 112–34—SEPT. 30, 2011 

(d) UNIFORM DEFINITIONS OF INDIAN TRIBE AND TRIBAL

ORGANIZATION.—Section 431(a) of such Act (42 U.S.C. 629a(a)(5) 

and (6)) is amended by striking paragraphs (5) and (6) and inserting 

the following: 

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

given the term in section 428(c). 

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

has the meaning given the term in section 428(c).’’. 

(e) SUBMISSION TO CONGRESS OF STATE SUMMARIES OF FINANCIAL DATA; PUBLICATION ON HHS WEBSITE.—Section 432(c) of such 

Act (42 U.S.C. 629b(c)) is amended— 

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

following: 

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

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

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

‘‘(2) INFORMATION TO BE INCLUDED.—The compilation shall 

include the individual State reports and tables that synthesize 

State information into national totals for each element required 

to be included in the reports, including planned and actual 

spending by service category for the program authorized under 

this subpart and planned spending by service category for the 

program authorized under subpart 1. 

‘‘(3) PUBLIC ACCESSIBILITY.—Not later than September 30 

of each year, the Secretary shall publish the compilation on 

the website of the Department of Health and Human Services 

in a location easily accessible by the public.’’. 

(f) GAO REPORT ON MULTIPLE SOURCES OF FEDERAL SPENDING

AND FAMILY ACCESS TO SERVICES.—Not later than 12 months after 

the date of enactment of this Act, the Comptroller General of 

the United States shall submit to Congress a report that— 

(1) identifies alternative sources of Federal funding that 

are being employed by States or other entities for the same 

purposes for which funding is provided under subpart 1 or 

2 of part B of title IV of the Social Security Act; and 

(2) assesses the needs of families eligible for services under 

such program, including identification of underserved communities and information regarding— 

(A) the supports available for caseworkers to appropriately investigate and safely manage their caseloads; 

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

substance abuse and other preventive services; and 

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

services and the effect of the delay on healthy, successful 

reunification outcomes for such families. 

(g) TECHNICAL CORRECTIONS.— 

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

629b(a)(8)(B)) is amended in each of clauses (i) and (ii) by 

striking ‘‘forms CFS 101–Part I and CFS 101–Part II (or any 

successor forms)’’ and inserting ‘‘form CFS–101 (including all 

parts and any successor forms)’’. 

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

629c(c)(2)) is amended— 

(A) in the paragraph heading, by striking ‘‘FOOD

STAMP’’ and inserting ‘‘SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM BENEFITS’’; and 


ccoleman on DSK8P6SHH1PROD with PUBLIC LAWS
PUBLIC LAW 112–34—SEPT. 30, 2011 125 STAT. 373 

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

and inserting ‘‘benefits’’. 

SEC. 103. GRANTS FOR TARGETED PURPOSES. 

(a) EXTENSION OF FUNDING RESERVATIONS FOR MONTHLY CASEWORKER VISITS AND REGIONAL PARTNERSHIP GRANTS.—Section 

436(b) of the Social Security Act (42 U.S.C. 629f(b)) is amended— 

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

follows and inserting ‘‘433(e) $20,000,000 for each of fiscal 

years 2012 through 2016.’’; and 

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

and inserting ‘‘437(f) $20,000,000 for each of fiscal years 2012 

through 2016.’’. 

(b) REVISION IN USE OF MONTHLY CASEWORKER VISITS

GRANTS.—Section 436(b)(4)(B)(i) of such Act (42 U.S.C. 

629f(b)(4)(B)) is amended— 

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

of’’; and 

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

and inserting ‘‘an emphasis on improving caseworker decision 

making on the safety, permanency, and well-being of foster 

children and on activities designed to increase retention, 

recruitment, and training of caseworkers.’’; and 

(c) REAUTHORIZATION OF REGIONAL PARTNERSHIP GRANTS TO

ASSIST CHILDREN AFFECTED BY PARENTAL SUBSTANCE ABUSE.— 

(1) EXTENSION OF PROGRAM.—Section 437(f)(3)(A) of such 

Act (42 U.S.C. 629g(f)(3)(A)) is amended by striking ‘‘2007 

through 2011’’ and inserting ‘‘2012 through 2016’’. 

(2) REVISIONS TO PROGRAM.—Section 437(f) of such Act 

(42 U.S.C. 629g(f)) is amended— 

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

(B) in each of paragraphs (1), (4)(A), (7)(A)(i), and 

(9)(B)(iii), by striking ‘‘methamphetamine or other’’; 

(C) in paragraph (3), by striking subparagraph (B) 

and inserting the following: 

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

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

this subsection for a period of not less than 2, and 

not more than 5, fiscal years, subject to clause (ii). 

‘‘(ii) EXTENSION OF GRANT.—On application of the 

grantee, the Secretary may extend for not more than 

2 fiscal years the period for which a grant is awarded 

under this subsection. 

‘‘(C) MULTIPLE GRANTS ALLOWED.—This subsection 

shall not be interpreted to prevent a grantee from applying 

for, or being awarded, separate grants under this subsection.’’; 

(D) in paragraph (6)(A)— 

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

(ii) by striking the period at the end of clause 

(iii) and inserting a semicolon; and 

(iii) by adding at the end the following: 

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

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

(E) in paragraph (7)— 


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125 STAT. 374 PUBLIC LAW 112–34—SEPT. 30, 2011 

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

‘‘(A) take’’ and inserting ‘‘shall take’’; 

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

and inserting a period; 

(iii) by striking subparagraph (B); and 

(iv) by redesignating clauses (i) through (iv) of 

subparagraph (A) as subparagraphs (A) through (D), 

respectively, and moving each of such provisions 2 

ems to the left; and 

(F) by adding at the end the following: 

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

EXPENSES OF THE SECRETARY.—Not more than 5 percent of 

the amounts appropriated or reserved for awarding grants 

under this subsection for each of fiscal years 2012 through 

2016 may be used by the Secretary for salaries and Department 

of Health and Human Services administrative expenses in 

administering this subsection.’’. 

(3) EVALUATIONS.—Not later than December 31, 2012, and 

not later than December 31, 2017, the Secretary of Health 

and Human Services shall evaluate the effectiveness of the 

grants awarded to regional partnerships under section 437(f) 

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

a report regarding the results of each evaluation on the website 

of the Department of Health and Human Services. Each report 

required to be published under this subsection shall include— 

(A) an evaluation of the programs and activities conducted, and the services provided, with the grant funds 

awarded under such section for fiscal years 2007 through 

2011, in the case of the evaluation required by December 

31, 2012, and for fiscal years 2012 through 2016, in the 

case of the evaluation required by December 31, 2017; 

(B) an analysis of the regional partnerships awarded 

such grants that have, and have not, been successful in 

achieving the goals and outcomes specified in their grant 

applications and with respect to the performance indicators 

established by the Secretary under paragraph (8) of such 

section that are applicable to their grant awards; and 

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

have been successful in addressing the needs of families 

with methamphetamine or other substance abuse problems 

who come to the attention of the child welfare system 

and in achieving the goals of child safety, permanence, 

and family stability. 

SEC. 104. COURT IMPROVEMENT PROGRAM. 

(a) GRANT PURPOSES.—Section 438(a) of the Social Security 

Act (42 U.S.C. 629h(a)) is amended— 

(1) in paragraph (2)— 

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

inserting ‘‘, including the requirements in the Act related 

to concurrent planning;’’; 

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

and 

(C) by adding at the end the following: 

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

family in court processes relating to child welfare, family 

preservation, family reunification, and adoption;’’; and 

Deadlines. 

Reports. 

Web posting. 


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PUBLIC LAW 112–34—SEPT. 30, 2011 125 STAT. 375 

(2) in paragraph (4)— 

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

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

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

‘‘(B) to increase and improve engagement of the entire 

family in court processes relating to child welfare, family 

preservation, family reunification, and adoption.’’. 

(b) SINGLE GRANT APPLICATION.—Section 438(b)(2) of such Act 

(42 U.S.C. 629h(b)(2)) is amended to read as follows: 

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

court desiring a grant under this section shall submit a single 

application to the Secretary that specifies whether the application is for a grant for— 

‘‘(A) the purposes described in paragraphs (1) and (2) 

of subsection (a); 

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

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

‘‘(D) the purposes referred to in 2 or more (specifically 

identified) of subparagraphs (A), (B), and (C) of this paragraph.’’. 

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

629h(c)) is amended to read as follows: 

‘‘(c) AMOUNT OF GRANT.— 

‘‘(1) IN GENERAL.—With respect to each of subparagraphs 

(A), (B), and (C) of subsection (b)(2) that refers to 1 or more 

grant purposes for which an application of a highest State 

court is approved under this section, the court shall be entitled 

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

the amount allocated under paragraph (3) of this subsection 

for grants for the purpose or purposes, of an amount equal 

to $85,000 plus the amount described in paragraph (2) of this 

subsection with respect to the purpose or purposes. 

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

paragraph for any fiscal year with respect to the purpose or 

purposes referred to in a subparagraph of subsection (b)(2) 

is the amount that bears the same ratio to the total of the 

amounts allocated under paragraph (3) of this subsection for 

grants for the purpose or purposes as the number of individuals 

in the State who have not attained 21 years of age bears 

to the total number of such individuals in all States the highest 

State courts of which have approved applications under this 

section for grants for the purpose or purposes. 

‘‘(3) ALLOCATION OF FUNDS.— 

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

under section 436(b)(2) for any fiscal year, the Secretary 

shall allocate— 

‘‘(i) $9,000,000 for grants for the purposes 

described in paragraphs (1) and (2) of subsection (a); 

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

described in subsection (a)(3); 

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

described in subsection (a)(4); and 

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

competitive basis among the highest courts of Indian 

tribes or tribal consortia that— 


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125 STAT. 376 PUBLIC LAW 112–34—SEPT. 30, 2011 

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

in accordance with section 479B; 

‘‘(II) are seeking to operate a program under 

part E and have received an implementation grant 

under section 476; or 

‘‘(III) has a court responsible for proceedings 

related to foster care or adoption. 

‘‘(B) DISCRETIONARY FUNDS.—The Secretary shall allocate all of the amounts reserved under section 437(b)(2) 

for grants for the purposes described in paragraphs (1) 

and (2) of subsection (a).’’. 

(d) EXTENSION OF FEDERAL SHARE.—Section 438(d) of such 

Act (42 U.S.C. 629h(d)) is amended by striking ‘‘2002 through 

2011’’ and inserting ‘‘2012 through 2016’’. 

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

enactment of the Safe and Timely Interstate Placement of Foster 

Children Act of 2006, section 8(b) of such Act (120 Stat. 513) 

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

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

SEC. 105. DATA STANDARDIZATION FOR IMPROVED DATA MATCHING. 

(a) IN GENERAL.—Part B of title IV of the Social Security 

Act (42 U.S.C. 621–629i) is amended by adding at the end the 

following: 

‘‘Subpart 3—Common Provisions 

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

‘‘(a) STANDARD DATA ELEMENTS.— 

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

interagency work group established by the Office of Management and Budget, and considering State perspectives, shall, 

by rule, designate standard data elements for any category 

of information required to be reported under this part. 

‘‘(2) DATA ELEMENTS MUST BE NONPROPRIETARY AND INTEROPERABLE.—The standard data elements designated under 

paragraph (1) shall, to the extent practicable, be nonproprietary 

and interoperable. 

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

elements under this subsection, the Secretary shall, to the 

extent practicable, incorporate— 

‘‘(A) interoperable standards developed and maintained 

by an international voluntary consensus standards body, 

as defined by the Office of Management and Budget, such 

as the International Organization for Standardization; 

‘‘(B) interoperable standards developed and maintained 

by intergovernmental partnerships, such as the National 

Information Exchange Model; and 

‘‘(C) interoperable standards developed and maintained 

by Federal entities with authority over contracting and 

financial assistance, such as the Federal Acquisition Regulatory Council. 

‘‘(b) DATA STANDARDS FOR REPORTING.— 

Regulations. 

42 USC 629m. 

42 USC 629h. 

Effective date. 

42 USC 629h 

note. 


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

interagency work group established by the Office of Management and Budget, and considering State government perspectives, shall, by rule, designate data reporting standards to 

govern the reporting required under this part. 

‘‘(2) REQUIREMENTS.—The data reporting standards 

required by paragraph (1) shall, to the extent practicable— 

‘‘(A) incorporate a widely-accepted, non-proprietary, 

searchable, computer-readable format; 

‘‘(B) be consistent with and implement applicable 

accounting principles; and 

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

‘‘(3) INCORPORATION OF NONPROPRIETARY STANDARDS.—In 

designating reporting standards under this subsection, the Secretary shall, to the extent practicable, incorporate existing nonproprietary standards, such as the eXtensible Business 

Reporting Language.’’. 

(b) EFFECTIVE DATE.—The amendment made by subsection (a) 

shall take effect on October 1, 2012, and shall apply with respect 

to information required to be reported on or after such date. 

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

(a) EDUCATIONAL STABILITY FOR EACH FOSTER PLACEMENT.— 

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

is amended— 

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

‘‘each placement’’; and 

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

(b) FOSTER YOUTH ID THEFT.—Section 475(5) of such Act (42 

U.S.C. 675(5)) is amended— 

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

(2) by striking the period at the end of subparagraph (H) 

and inserting ‘‘; and’’; and 

(3) by adding at the end the following: 

‘‘(I) each child in foster care under the responsibility 

of the State who has attained 16 years of age receives 

without cost a copy of any consumer report (as defined 

in section 603(d) of the Fair Credit Reporting Act) pertaining to the child each year until the child is discharged 

from care, and receives assistance (including, when feasible, 

from any court-appointed advocate for the child) in interpreting and resolving any inaccuracies in the report.’’. 

(c) DESCRIPTION OF ADOPTION SPENDING.—Section 473(a)(8) of 

such Act (42 U.S.C. 673(a)(8)) is amended by inserting ‘‘, and 

shall document how such amounts are spent, including on postadoption services’’ before the period. 

(d) INCLUSION IN ANNUAL REPORT OF ADDITIONAL INFORMATION

ON CHILD VISITATION BY CASEWORKERS.—Section 479A(6) of such 

Act (42 U.S.C. 679b(6)) is amended— 

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

(2) by redesignating subparagraph (B) as subparagraph 

(C) and inserting after subparagraph (A) the following: 

‘‘(B) the total number of visits made by caseworkers 

on a monthly basis to children in foster care under the 

responsibility of the State during a fiscal year as a percentage of the total number of the visits that would occur 

Applicability. 

42 USC 629m 

note. 

Regulations. 


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125 STAT. 378 PUBLIC LAW 112–34—SEPT. 30, 2011 

during the fiscal year if each child were so visited once 

every month while in such care; and’’. 

SEC. 107. EFFECTIVE DATE. 

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

this title and the amendments made by this title shall take effect 

on October 1, 2011, and shall apply to payments under parts B 

and E of title IV of the Social Security Act for calendar quarters 

beginning on or after such date, without regard to whether regulations to implement the amendments are promulgated by such date. 

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

Secretary of Health and Human Services determines that State 

legislation (other than legislation appropriating funds) is required 

in order for a State plan developed pursuant to subpart 1 of part 

B, or a State plan approved under subpart 2 of part B or part 

E, of title IV of the Social Security Act to meet the additional 

requirements imposed by the amendments made by this title, the 

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

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

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

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

to be a separate regular session of the State legislature. 

TITLE II—CHILD WELFARE 

DEMONSTRATION PROJECTS 

SEC. 201. RENEWAL OF AUTHORITY TO APPROVE DEMONSTRATION 

PROJECTS DESIGNED TO TEST INNOVATIVE STRATEGIES 

IN STATE CHILD WELFARE PROGRAMS. 

Section 1130 of the Social Security Act (42 U.S.C. 1320a– 

9) is amended— 

(1) in subsection (a)— 

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

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

the Secretary may authorize demonstration projects described 

in paragraph (1), with not more than 10 demonstration projects 

to be authorized in each fiscal year.’’. 

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

‘‘(3) CONDITIONS FOR STATE ELIGIBILITY.—For purposes of 

a new demonstration project under this section that is initially 

approved in any of fiscal years 2012 through 2014, a State 

shall be authorized to conduct such demonstration project only 

if the State satisfies the following conditions: 

‘‘(A) IDENTIFY 1 OR MORE GOALS.— 

‘‘(i) IN GENERAL.—The State shall demonstrate that 

the demonstration project is designed to accomplish 

1 or more of the following goals: 

‘‘(I) Increase permanency for all infants, children, and youth by reducing the time in foster 

placements when possible and promoting a 

successful transition to adulthood for older youth. 

‘‘(II) Increase positive outcomes for infants, 

children, youth, and families in their homes and 

communities, including tribal communities, and 

Applicability. 

42 USC 622 note. 


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PUBLIC LAW 112–34—SEPT. 30, 2011 125 STAT. 379 

improve the safety and well-being of infants, children, and youth. 

‘‘(III) Prevent child abuse and neglect and the 

re-entry of infants, children, and youth into foster 

care. 

‘‘(ii) LONG-TERM THERAPEUTIC FAMILY TREATMENT

CENTERS; ADDRESSING DOMESTIC VIOLENCE.—With 

respect to a demonstration project that is designed 

to accomplish 1 or more of the goals described in clause 

(i), the State may elect to establish a program— 

‘‘(I) to permit foster care maintenance payments to be made under part E of title IV to 

a long-term therapeutic family treatment center 

(as described in paragraph (8)(B)) on behalf of 

a child residing in the center; or 

‘‘(II) to identify and address domestic violence 

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

‘‘(B) DEMONSTRATE READINESS.—The State shall demonstrate through a narrative description the State’s 

capacity to effectively use the authority to conduct a demonstration project under this section by identifying changes 

the State has made or plans to make in policies, procedures, 

or other elements of the State’s child welfare program 

that will enable the State to successfully achieve the goal 

or goals of the project. 

‘‘(C) DEMONSTRATE IMPLEMENTED OR PLANNED CHILD

WELFARE PROGRAM IMPROVEMENT POLICIES.— 

‘‘(i) IN GENERAL.—The State shall demonstrate that 

the State has implemented, or plans to implement 

within 3 years of the date on which the State submits 

its application to conduct the demonstration project 

or 2 years after the date on which the Secretary 

approves such demonstration project (whichever is 

later), at least 2 of the child welfare program improvement policies described in paragraph (7). 

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

the requirement described in clause (i), at least 1 of 

the child welfare program improvement policies to be 

implemented by the State shall be a policy that the 

State has not previously implemented as of the date 

on which the State submits an application to conduct 

the demonstration project. 

‘‘(iii) IMPLEMENTATION REVIEW.—The Secretary 

may terminate the authority of a State to conduct 

a demonstration project under this section if, after 

the 3-year period following approval of the demonstration project, the State has not made significant 

progress in implementing the child welfare program 

improvement policies proposed by the State under 

clause (i).’’; 

(C) in paragraph (5), by inserting ‘‘and the ability 

of the State to implement a corrective action plan approved 

under section 1123A’’ before the period; and 

(D) by adding at the end the following: 

‘‘(6) INAPPLICABILITY OF RANDOM ASSIGNMENT FOR CONTROL

GROUPS AS A FACTOR FOR APPROVAL OF DEMONSTRATION

Deadline. 


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125 STAT. 380 PUBLIC LAW 112–34—SEPT. 30, 2011 

PROJECTS.—For purposes of evaluating an application to conduct a demonstration project under this section, the Secretary 

shall not take into consideration whether such project requires 

random assignment of children and families to groups served 

under the project and to control groups. 

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

improvement policies described in this paragraph are the following: 

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

children, and youth in foster care that is widely shared 

and clearly outlines protections for infants, children, and 

youth, such as assuring frequent visits with parents, siblings, and caseworkers, access to attorneys, and participation in age-appropriate extracurricular activities, and 

procedures for ensuring the protections are provided. 

‘‘(B) The development and implementation of a plan 

for meeting the health and mental health needs of infants, 

children, and youth in foster care that includes ensuring 

that the provision of health and mental health care is 

child-specific, comprehensive, appropriate, and consistent 

(through means such as ensuring the infant, child, or youth 

has a medical home, regular wellness medical visits, and 

addressing the issue of trauma, when appropriate). 

‘‘(C) The inclusion in the State plan under section 

471 of an amendment implementing the option under subsection (a)(28) of that section to enter into kinship 

guardianship assistance agreements. 

‘‘(D) The election under the State plan under section 

471 to define a ‘child’ for purposes of the provision of 

foster care maintenance payments, adoption assistance payments, and kinship guardianship assistance payments, so 

as to include individuals described in each of subclauses 

(I), (II), and (III) of section 475(8)(B)(i) who have not 

attained age 21. 

‘‘(E) The development and implementation of a plan 

that ensures congregate care is used appropriately and 

reduces the placement of children and youth in such care. 

‘‘(F) Of those infants, children, and youth in out-ofhome placements, substantially increasing the number of 

cases of siblings who are in the same foster care, kinship 

guardianship, or adoptive placement, above the number 

of such cases in fiscal year 2008. 

‘‘(G) The development and implementation of a plan 

to improve the recruitment and retention of high quality 

foster family homes trained to help assist infants, children, 

and youth swiftly secure permanent families. Supports for 

foster families under such a plan may include increasing 

maintenance payments to more adequately meet the needs 

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

training, respite care, and other support services for foster 

parents. 

‘‘(H) The establishment of procedures designed to assist 

youth as they prepare for their transition out of foster 

care, such as arranging for participation in age-appropriate 

extra-curricular activities, providing appropriate access to 

cell phones, computers, and opportunities to obtain a 


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PUBLIC LAW 112–34—SEPT. 30, 2011 125 STAT. 381 

driver’s license, providing notification of all sibling placements if siblings are in care and sibling location if siblings 

are out of care, and providing counseling and financial 

support for post-secondary education. 

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

of a description of State procedures for— 

‘‘(i) ensuring that youth in foster care who have 

attained age 16 are engaged in discussions, including 

during the development of the transition plans required 

under paragraphs (1)(D) and (5)(H) of section 475, 

that explore whether the youth wishes to reconnect 

with the youth’s biological family, including parents, 

grandparents, and siblings, and, if so, what skills and 

strategies the youth will need to successfully and safely 

reconnect with those family members; 

‘‘(ii) providing appropriate guidance and services 

to youth whom affirm an intent to reconnect with 

biological family members on how to successfully and 

safely manage such reconnections; and 

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

biological family members in such reconnection efforts. 

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

programs designed to prevent infants, children, and youth 

from entering foster care or to provide permanency for 

infants, children, and youth in foster care: 

‘‘(i) An intensive family finding program. 

‘‘(ii) A kinship navigator program. 

‘‘(iii) A family counseling program, such as a family 

group decision-making program, and which may 

include in-home peer support for families. 

‘‘(iv) A comprehensive family-based substance 

abuse treatment program. 

‘‘(v) A program under which special efforts are 

made to identify and address domestic violence that 

endangers infants, children, and youth and puts them 

at risk of entering foster care. 

‘‘(vi) A mentoring program. 

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

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

an individual who has attained age 12 but has not attained 

the age at which an individual is no longer considered 

to be a child under the State plans under parts B and 

E of title IV, and 

‘‘(B) the term ‘long-term therapeutic family treatment 

center’ means a State licensed or certified program that 

enables parents and their children to live together in a 

safe environment for a period of not less than 6 months 

and provides, on-site or by referral, substance abuse treatment services, children’s early intervention services, family 

counseling, legal services, medical care, mental health services, nursery and preschool, parenting skills training, pediatric care, prenatal care, sexual abuse therapy, relapse 

prevention, transportation, and job or vocational training 

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

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

‘‘(d) DURATION OF DEMONSTRATION.— 


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125 STAT. 382 PUBLIC LAW 112–34—SEPT. 30, 2011 

‘‘(1) IN GENERAL.—Subject to paragraph (2), a demonstration project under this section may be conducted for not more 

than 5 years, unless in the judgment of the Secretary, the 

demonstration project should be allowed to continue. 

‘‘(2) TERMINATION OF AUTHORITY.—In no event shall a demonstration project under this section be conducted after September 30, 2019.’’; 

(3) in subsection (e)— 

(A) in paragraph (1), by striking ‘‘(which shall provide,’’ 

and all that follows before the semicolon; 

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

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

and 

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

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

local investments made, as well as any private investments 

made in coordination with the State, during the 2 fiscal years 

preceding the application to provide the services described in 

paragraph (1), and an assurance that the State will provide 

an accounting of that same spending for each year of an 

approved demonstration project; and’’; 

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

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

‘‘(f) EVALUATIONS.—Each State authorized to conduct a demonstration project under this section shall obtain an evaluation 

by an independent contractor of the effectiveness of the project, 

using an evaluation design approved by the Secretary which provides for— 

‘‘(1) comparison of methods of service delivery under the 

project, and such methods under a State plan or plans, with 

respect to efficiency, economy, and any other appropriate measures of program management; 

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

groups of children and families) under the project, and such 

outcomes under a State plan or plans, for purposes of assessing 

the effectiveness of the project in achieving program goals; 

and 

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

‘‘(g) REPORTS.— 

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

authorized to conduct a demonstration project under this section shall— 

‘‘(A) submit periodic reports to the Secretary on the 

specific programs, activities, and strategies used to improve 

outcomes for infants, children, youth, and families and 

the results achieved for infants, children, and youth during 

the conduct of the demonstration project, including with 

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

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

move from foster care to permanent families; and 

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

for the State child welfare program concurrent with the 

submission of the report to the Secretary. 

‘‘(2) REPORTS TO CONGRESS.—The Secretary shall submit 

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

Web posting. 


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PUBLIC LAW 112–34—SEPT. 30, 2011 125 STAT. 383 

LEGISLATIVE HISTORY—H.R. 2883: 

HOUSE REPORTS: No. 112–210, Pt. 1 (Comm. on Ways and Means). 

CONGRESSIONAL RECORD, Vol. 157 (2011): 

Sept. 21, considered and passed House. 

Sept. 22, considered and passed Senate. 

Æ 

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

‘‘(B) a report based on the results of the State evaluations required under subsection (f) that includes an analysis 

of the results of such evaluations and such recommendations for administrative or legislative changes as the Secretary determines appropriate.’’; and 

(6) by adding at the end the following: 

‘‘(i) INDIAN TRIBES OPERATING IV–E PROGRAMS CONSIDERED

STATES.—An Indian tribe, tribal organization, or tribal consortium 

that has elected to operate a program under part E of title IV 

in accordance with section 479B shall be considered a State for 

purposes of this section.’’. 

TITLE III—BUDGET PROVISIONS 

SEC. 301. BUDGETARY EFFECTS. 

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

with the Statutory Pay-As-You-Go Act of 2010, shall be determined 

by reference to the latest statement titled ‘‘Budgetary Effects of 

PAYGO Legislation’’ for this Act, submitted for printing in the 

Congressional Record by the Chairman of the Senate Budget Committee, provided that such statement has been submitted prior 

to the vote on passage. 

Approved September 30, 2011. 


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